RCMP External Review Committee Rules of Practice and Procedure (SOR/88-313)
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Regulations are current to 2013-05-26
PRODUCTION OF RECORDS
11. (1) Where the Committee Chairman decides to institute a hearing to inquire into a matter, any party to that matter may, at any time before the hearing, request in writing that another party to that matter produce for inspection a record and copies of that record.
(2) The person to whom a request is made in accordance with subsection (1) shall produce the record requested within a reasonable time from the date on which the request is received.
(3) Where a party fails to produce a record in accordance with subsection (2), the party may not present the record in evidence at the hearing, unless the party satisfies the Committee that the party has sufficient cause for failing to produce the record.
CONFERENCE OR PRELIMINARY PROCEDURES
12. The Committee may, verbally or in writing, direct the parties to appear before the Committee at a specified time and place, or to file submissions in writing to the Committee, for the purpose of formulating issues and assisting the Committee in the consideration of
(a) the simplification of issues;
(b) the necessity or desirability of amending any submission for the purpose of clarification, amplification or limitation;
(c) the admissibility of certain facts or the proof of them by affidavit, or the use by any party of reports or other matters of public record;
(d) the procedure at the hearing;
(e) the exchange among the parties of records and exhibits proposed to be submitted at the hearing; and
(f) any other matters that may assist in the simplification of the evidence and conduct of the proceedings.
- SOR/91-544, s. 6;
- SOR/97-437, s. 2.
OFFICIAL LANGUAGES
13. At a hearing before the Committee, a party or an interested person is entitled to make representations to the Committee, to present evidence and to examine and cross-examine witnesses in either official language.
ARGUMENTS
14. The Committee may direct a party or an interested person to file a written argument in addition to any verbal argument.
- SOR/91-544, s. 7.
STAY OF PROCEEDINGS
15. Where a party or an interested person has not complied with any requirement of these Rules, the Committee may stay the proceedings until it is satisfied that the requirement has been complied with or take such other measures as it considers just and reasonable in the circumstances.
POSTPONEMENTS
16. (1) Where a notice of hearing has been issued, any party may, with the consent of all of the other parties to the hearing and after notifying all interested persons, file with the Committee a written request for a postponement of the hearing.
(2) Where a party does not consent to a postponement, the party seeking the postponement may, after sending a written notice to all of the other parties and interested persons, appear before the Committee at a time and place set for the hearing and request that the hearing be postponed.
- SOR/91-544, s. 8.
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