Royal Canadian Mounted Police Act

Marginal note:Commission

• 45.45 (1) For the purposes of this section, the member or members conducting a hearing to inquire into a complaint are deemed to be the Commission.

• Marginal note:Notice

  (2) The Commission shall serve a notice in writing of the time and place appointed for a hearing on the parties.

• Marginal note:Sittings of Commission

  (3) Where a party wishes to appear before the Commission, the Commission shall sit at such place in Canada and at such time as may be fixed by the Commission, having regard to the convenience of the parties.

• Marginal note:Powers of Commission

  (4) The Commission has, in relation to the complaint before it, the powers conferred on a board of inquiry, in relation to the matter before it, by paragraphs 24.1(3)(a), (b) and (c).

• Marginal note:Rights of persons interested

  (5) The parties and any other person who satisfies the Commission that the person has a substantial and direct interest in a complaint before the Commission shall be afforded a full and ample opportunity, in person or by counsel, to present evidence, to cross-examine witnesses and to make representations at the hearing.

• Marginal note:Representation of witnesses

  (6) The Commission shall permit any person who gives evidence at a hearing to be represented by counsel.

• Marginal note:Appropriate officer

  (7) In addition to the rights conferred by subsections (5) and (6), the appropriate officer may be represented or assisted at a hearing by any other member.

• Marginal note:Restriction

  (8) Notwithstanding subsection (4), the Commission may not receive or accept

  • (a) subject to subsection (9), any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence;

  • (b) any answer or statement made in response to a question described in subsection 24.1(7), 35(8), 40(2), 45.1(11) or 45.22(8);

  • (c) any answer or statement made in response to a question described in subsection (9) in any hearing under this section into any other complaint; or

  • (d) any answer or statement made in the course of attempting to dispose of a complaint under section 45.36.

• Marginal note:Witness not excused from testifying

  (9) In a hearing, no witness shall be excused from answering any question relating to the complaint before the Commission when required to do so by the 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

  (10) Where the witness is a member, no answer or statement made in response to a question described in subsection (9) shall be used or receivable against the witness in any hearing under section 45.1 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:Hearing in public

  (11) A hearing to inquire into a complaint shall be held in public, except that the 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, namely,

  • (a) 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 the detection, prevention or suppression of subversive or hostile activities;

  • (b) information the disclosure of which could reasonably be expected to be injurious to law enforcement; and

  • (c) information respecting a person’s financial or personal affairs where that person’s interest or security outweighs the public’s interest in the information.

• Marginal note:Return of documents, etc.

  (12) Any document or thing produced pursuant to this section to the Commission shall, on the request of the person producing the document or thing, be released to that person within a reasonable time after completion of the final report under subsection 45.46(3).

• Marginal note:Expenses

  (13) Where the Commission sits at a place in Canada that is not the ordinary place of residence of the member or other person whose conduct is the subject-matter of the complaint, of the complainant or of the counsel of that member or other person or that complainant, that member or other person, complainant or counsel is entitled, in the discretion of the Commission, to receive such travel and living expenses incurred by the member or other person, complainant or counsel in appearing before the Commission as may be fixed by the Treasury Board.

• Marginal note:Interim report

  (14) On completion of a hearing, the Commission shall prepare and send to the Minister and the Commissioner a report in writing setting out such findings and recommendations with respect to the complaint as the Commission sees fit.

• Definition of parties

  (15) In this section and section 45.46, parties means the appropriate officer, the member or other person whose conduct is the subject-matter of a complaint and, in the case of a complaint under subsection 45.35(1), the complainant.