National Defence Act (R.S.C., 1985, c. N-5)

Act current to 2014-04-02 and last amended on 2013-10-18. Previous Versions

Marginal note:Powers
  •  (1) When conducting a hearing, the Complaints Commission has, in relation to the complaint before it, power

    • (a) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce any documents and things under their control that it considers necessary to the full investigation and consideration of matters before it;

    • (b) to administer oaths; and

    • (c) to receive and accept any evidence and information that it sees fit, whether admissible in a court of law or not.

  • Marginal note:Restriction

    (2) Notwithstanding subsection (1), the Complaints Commission may not receive or accept

    • (a) any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence;

    • (b) any answer given or statement made before a board of inquiry or summary investigation;

    • (c) any answer or statement that tends to criminate the witness or subject the witness to any proceeding or penalty and that was in response to a question at a hearing under this Division into another complaint;

    • (d) any answer given or statement made before a court of law or tribunal; or

    • (e) any answer given or statement made while attempting to resolve a conduct complaint informally under subsection 250.27(1).

  • 1998, c. 35, s. 82.
Marginal note:Hearing in public

 A hearing is to be held in public, except that the Complaints Commission may order the hearing or any part of the hearing to be held in private if it is of the opinion that during the course of the hearing any of the following information will likely be disclosed:

  • (a) information that, if disclosed, could reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada or the detection, prevention or suppression of subversive or hostile activities;

  • (b) information that, if disclosed, could reasonably be expected to be injurious to the administration of justice, including law enforcement; and

  • (c) information affecting a person’s privacy or security interest, if that interest outweighs the public’s interest in the information.

  • 1998, c. 35, s. 82.
Marginal note:Notice of hearing
  •  (1) As soon as practicable before the commencement of a hearing, the Complaints Commission shall serve a notice in writing of the time and place appointed for the hearing on the complainant and the person who is the subject of the complaint.

  • Marginal note:Convenience to be considered

    (2) If a person on whom a notice is served wishes to appear before the Complaints Commission, the Complaints Commission must consider the convenience of that person in fixing the time and the place for the hearing.

  • Marginal note:Delay of hearing

    (3) If the complaint relates to conduct that is also the subject of disciplinary or criminal proceedings before a court or tribunal of first instance, the hearing may not take place until the disciplinary or criminal proceedings are completed.

  • 1998, c. 35, s. 82.