Rules of Procedure for Hearings Before the Military Police Complaints Commission (SOR/2002-241)

Adjournment

38 The Complaints Commission may adjourn a hearing at the request of a party or on its own initiative.

Motions

• 39 (1) Unless otherwise provided for in these Rules, at any time during the proceedings, a question may be brought before the Complaints Commission by written notice of motion or orally in the course of a hearing.

• (2) A notice of motion shall clearly state the facts, the grounds for the motion and the order sought.

• (3) A notice of motion in writing shall

  • (a) be accompanied by an affidavit that sets out the facts on which the motion is based; and

  • (b) be filed with the Complaints Commission and served on the parties.

• (4) After considering any submissions of the parties, the Complaints Commission may render its decision orally or in writing and, if in writing, shall serve a copy of the decision on the parties.

Electronic Communication

40 The Complaints Commission may order that a proceeding be conducted in whole or in part by means of a telephone conference call, video-conference or any other form of electronic communication.

Recording

41 The Complaints Commission shall record, by any appropriate means, all testimony and representations made at the hearing.

Hearings in Private

42 If the Complaints Commission directs that a hearing in whole or in part is to be held in private in accordance with section 250.42 of the Act, the persons who may attend the hearing are

• (a) the Complaints Commission personnel who are necessary to assist in the hearing; and

• (b) each other person who files a completed declaration and undertaking substantially in the form set out in Schedule 2 and who

  • (i) is a party or their counsel,

  • (ii) is an expert, counsel or other person whose services have been retained by the Complaints Commission in the course of the hearing and whom the Complaints Commission determines should be present to assist the Complaints Commission in its work, or

  • (iii) is designated by the Complaints Commission.

43 Documents filed with the Complaints Commission in the course of a hearing in private shall be kept separate from the public record.

44 The Complaints Commission may authorize the persons described in section 42 to make copies of the records or transcripts of the hearing in private, subject to any conditions imposed by the Complaints Commission.

Coming into Force

45 These Rules come into force on the day on which they are registered.