Royal Canadian Mounted Police Act

Marginal note:Parties

• 45.1 (1) An appropriate officer who initiates a hearing and the member whose conduct is the subject of the hearing are parties to the hearing.

• Marginal note:Notice of time and place of hearing

  (2) An adjudication board shall set the place, date and time for a hearing and serve the parties thereto with a notice in writing of that place, date and time.

• Marginal note:Date and time of hearing

  (3) The date and time for a hearing set pursuant to subsection (2) shall not be less than seven days after the day the member whose conduct is the subject of the hearing is served with the notice under that subsection.

• Marginal note:Allegations read

  (4) At the commencement of a hearing, the chairman of the adjudication board shall read to the member whose conduct is the subject of the hearing the allegation or allegations of contravention of the Code of Conduct contained in the notice of the hearing and shall thereupon give the member an opportunity to admit or deny each such allegation or to raise, as a preliminary objection to any such allegation, the fact that the informal disciplinary action referred to in paragraph 41(1)(g) has been previously taken against the member in respect of the act or omission constituting any such allegation or that the act or omission was previously the subject of a hearing under this section, but nothing in this subsection affects the validity of a new hearing ordered under this Part.

• Marginal note:Refusal

  (5) Where a member does not admit, deny or raise a preliminary objection to an allegation read to the member pursuant to subsection (4), the member is deemed to have denied the allegation.

• Marginal note:Dismissal where objection established

  (6) Where a preliminary objection raised pursuant to subsection (4) is established to the satisfaction of the adjudication board, the board shall dismiss the allegation to which the objection is raised.

• Marginal note:Testimony of member

  (7) Notwithstanding any other provision of this Part, a member whose conduct is the subject of a hearing is not compelled to testify at the hearing, but the member may give evidence under oath and where the member does so, subsections (11) and (12) apply to the member.

• Marginal note:Right to present evidence, etc.

  (8) The parties to a hearing shall be afforded a full and ample opportunity, in person or by counsel or a representative, to present evidence, to cross-examine witnesses and to make representations at the hearing.

• Marginal note:Representation of witnesses

  (9) An adjudication board shall permit any person who gives evidence at a hearing to be represented by counsel or a representative.

• Marginal note:Restriction

  (10) Notwithstanding section 45 but subject to subsection (11), an adjudication board may not receive or accept any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence.

• Marginal note:Witness not excused from testifying

  (11) In a hearing, no witness shall be excused from answering any question relating to the case before the adjudication board when required to do so by the board 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

  (12) Where the witness is a member, no answer or statement made in response to a question described in subsection (11) shall be used or receivable against the witness in any hearing under this section into an allegation of contravention of the Code of Conduct by the witness, other than a hearing into an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false.

• Marginal note:Adjournment

  (13) An adjudication board may from time to time adjourn a hearing.

• Marginal note:Hearing in private

  (14) A hearing before an adjudication board shall be held in private, except that

  • (a) while a child is testifying at the hearing, the child’s parent or guardian may attend the hearing; and

  • (b) when authorized by the board, a member may attend the hearing as an observer for the purpose of familiarizing the member with procedures under this Part.

• Marginal note:Hearing to be recorded

  (15) A hearing before an adjudication board shall be recorded and, if a party to the hearing makes a request under subsection 45.13(2) or the decision of the board is appealed under section 45.14, a transcript thereof shall be prepared.