Royal Canadian Mounted Police Act

Marginal note:Parties

• 45.1 (1) The parties to a hearing initiated under subsection 41(1) are the conduct authority who initiated it and the member whose conduct is the subject of the hearing.

• Marginal note:Hearing in public

  (2) The hearing shall be held in public but the conduct board, on its own initiative or at the request of any party, may order that the hearing or any part of it is to be held in camera if it is of the opinion

  • (a) that information, the disclosure of which could reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada or to the detection, prevention or suppression of subversive or hostile activities, will likely be disclosed during the course of the hearing;

  • (b) that information, the disclosure of which could reasonably be expected to be injurious to law enforcement, will likely be disclosed during the course of the hearing;

  • (c) that information respecting a person’s financial or personal affairs, if that person’s interest or security outweighs the public’s interest in the information, will likely be disclosed during the course of the hearing; or

  • (d) that it is otherwise required by the circumstances of the case.

• Marginal note:Representation of witnesses

  (3) The conduct board shall permit any person who gives evidence at the hearing to be represented by legal counsel or a representative.

• Marginal note:Restriction

  (4) Despite subsection 45(2), but subject to subsection (5), the conduct board is not authorized to 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

  (5) In the hearing, no witness shall be excused from answering any question relating to the case before the conduct board when required to do so by the conduct board on the grounds that the answer to the question may tend to criminate the witness or subject the witness to any criminal, civil or administrative action or proceeding.

• Marginal note:Answer not receivable

  (6) If the witness is a member, no answer or statement made in response to a question described in subsection (5) shall be used or receivable against the witness under any proceeding under Part IV regarding an allegation of a contravention of a provision of the Code of Conduct by the witness, other than a proceeding regarding an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false.

• Marginal note:Order restricting publication

  (7) The conduct board may, on its own initiative or at the request of any person, make an order directing that any of the following information shall not be published in any document or broadcast or transmitted in any way:

  • (a) information that could identify a complainant, a witness or a person under the age of 18; and

  • (b) information disclosed during any part of the hearing held in camera.

• Marginal note:Absence of member

  (8) The conduct board may conduct the hearing in the absence of the member whose conduct is the subject of the hearing in the circumstances set out in the rules.

• Marginal note:Medical examination

  (9) If the member whose conduct is the subject of the hearing indicates that they are unable to attend the hearing for medical reasons, the conduct board may direct the member to undergo a medical examination or an assessment by a qualified person specified by the conduct board to determine if the member is unable to participate in the hearing for medical reasons. If the member fails to undergo the medical examination or assessment, the conduct board may conduct the hearing in the absence of the member.