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

Act current to 2014-10-15 and last amended on 2014-08-18. Previous Versions

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;
  • 2013, c. 24, s. 92(F).
Marginal note:Rights of persons interested

 The Complaints Commission shall afford a full and ample opportunity, in person or by counsel, to present evidence, to cross-examine witnesses and to make representations at the hearing to

  • (a) the complainant and the person who is the subject of the complaint, if they wish to appear; and

  • (b) any other person who satisfies the Complaints Commission that the person has a substantial and direct interest in the hearing.

  • 1998, c. 35, s. 82;
  • 2013, c. 24, s. 93(F).
Marginal note:Witness not excused from testifying
  •  (1) In a hearing, no witness shall be excused from answering any question relating to the complaint before the Complaints Commission when required to do so by the Complaints Commission on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty.

  • Marginal note:Answer not receivable

    (2) No answer given or statement made by a witness in response to a question described in subsection (1) may be used or receivable against the witness in any disciplinary, criminal, administrative or civil proceeding, other than a hearing or proceeding in respect of an allegation that the witness gave the answer or made the statement knowing it to be false.

  • 1998, c. 35, s. 82.