Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 (SOR/2022-9)
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Regulations are current to 2024-10-30
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022
SOR/2022-9
Registration 2022-01-31
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022
The Chairperson of the Military Police Complaints Commission, pursuant to section 250.15Footnote a of the National Defence ActFootnote b, makes the annexed Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022.
Return to footnote aS.C. 1998, c. 35, s. 82
Return to footnote bR.S., c. N-5
Ottawa, January 31, 2022
La présidente par intérim de la Commission d’examen des plaintes concernant la police militaire  Bonita Thornton Interim Chairperson of the Military Police Complaints Commission |
PART 1General
Interpretation
Marginal note:Definitions
1 The following definitions apply in these Rules.
- Act
Act means the National Defence Act. (Loi)
- Commission counsel
Commission counsel means counsel designated by the Chairperson of the Complaints Commission for the purposes of a hearing. (avocat de la Commission)
- counsel
counsel means a member of the bar of a province. (avocat)
- day
day means a calendar day. (jour)
- document
document means a submission, affidavit or any other documentary material, regardless of physical form or medium, including any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape and machine readable record, and any copy, in whole or in part, of that material. (document)
- electronic transmission
electronic transmission includes transmission by email or by means of the Complaints Commission’s website, but does not include transmission by fax. (transmission électronique)
- file
file means to file with the Registrar. (déposer)
- intervenor
intervenor means a person who is granted leave by the Complaints Commission to intervene at a hearing in accordance with section 44. (intervenant)
- party
party means a complainant or a person who is the subject of a complaint and any other person who satisfies the Complaints Commission that they have a substantial and direct interest in the hearing under section 250.44 of the Act. (partie)
- person
person includes an individual, a corporation, a partnership and an unincorporated association. (personne)
- Registrar
Registrar means the Registrar of the Complaints Commission. (greffier)
Application
Marginal note:Application
2 These Rules apply to all hearings conducted under subsection 250.38(1) of the Act.
Purpose
Marginal note:Purpose
2.1 The purpose of these Rules is to enable the Complaints Commission to act fairly, effectively and expeditiously and to conduct its proceedings in a manner proportional to the significance of the issues and the complexity of the complaint before it and the public interest, including through the efficient use of public resources.
Marginal note:Matter not provided for in Rules
2.2 If a matter is not provided for in these Rules, the practice it is to be determined by reference to the purpose of these Rules and any practice directions issued under section 29.
Non-compliance with Rules
Marginal note:Effect of non-compliance
3 (1) A failure to comply with these Rules is an irregularity and does not render a proceeding or a step, document or order in a proceeding a nullity.
Marginal note:Commission may grant relief
(2) If there is a failure to comply with a rule, the Complaints Commission may grant any relief that it considers necessary to achieve the purpose of these rules.
Varying Rules
Marginal note:Varying or supplementing rules
4 (1) The Complaints Commission may vary or supplement a rule, or dispense with compliance with a rule in whole or in part, in order to deal with all matters as informally and expeditiously as the circumstances and considerations of fairness permit.
Marginal note:Notice
(2) If the Complaints Commission varies or supplements these Rules or dispenses with compliance with all or part of them, it must inform the parties and intervenors.
Computation of Time
Marginal note:Interpretation Act
5 The computation of time under these Rules or under an order of the Complaints Commission or a decision of the Registrar is governed by sections 26 to 29 of the Interpretation Act.
Marginal note:Extension or abridgement
6 (1) The Complaints Commission may, on motion, extend or abridge a period provided for by these Rules.
Marginal note:Affidavit
(2) The affidavit in support of a motion for an extension or abridgement of time must set out the reason for the delay or urgency, as the case may be.
Documents
Memorandum of Fact and Law
Marginal note:Contents
7 A memorandum of fact and law must contain a table of contents and, in consecutively numbered paragraphs,
(a) a concise statement of fact;
(b) a statement of the points in issue;
(c) a concise statement of the submissions;
(d) a concise statement of the order sought;
(e) a list of the authorities, statutes and regulations to be referred to; and
(f) in an appendix and, if necessary as a separate document, a copy of the authorities or relevant excerpts and any statutory provisions cited or relied on that have not been reproduced in the memorandum of another party or intervenor.
Marginal note:Submission to Commission
8 At the end of the hearing, the parties must submit their memorandum of fact and law to the Complaints Commission.
Service
Marginal note:Means of service
9 (1) Service of all documents is effected
(a) in the case of an individual, by leaving a copy of the document with that individual;
(b) in the case of a partnership, corporation or unincorporated association, by leaving a copy of the document with a partner, officer or director; and
(c) in the case of a person referred to in paragraphs (a) or (b) who is represented by counsel, by leaving a copy of the document with counsel with the proof of service referred to in section 11.
Marginal note:Other means of service
(2) Service of a document is also effected by sending a copy of the document by electronic transmission in accordance with subsection (3), by fax transmission in accordance with subsection (4), by registered mail, or by any other means the Complaints Commission orders.
Marginal note:Service by electronic transmission
(3) A document that is served by electronic transmission must be accompanied by an electronic message setting out
(a) the sender’s name, telephone number, email address and mailing address;
(b) the name of the person being served;
(c) the date and time of the transmission;
(d) the title or description of the document being transmitted; and
(e) the name, telephone number and email address of the person to be contacted if transmission problems occur.
Marginal note:Service by fax
(4) A document that is served by fax must be accompanied by a cover page setting out
(a) the sender’s name, telephone number, fax number, email address and mailing address;
(b) the name of the person being served;
(c) the date and time of the transmission;
(d) the total number of pages being transmitted, including the cover page;
(e) the title or description of the document being transmitted; and
(f) the name, telephone number and email address of the person to contacted if transmission problems occur.
Marginal note:Format — electronic transmission
(5) A document that is served by electronic transmission must be in PDF (Portable Document Format) or any other format allowed by the Complaints Commission.
Marginal note:Service after 5 p.m.
(6) A document that is served by electronic transmission or by fax after 5 p.m. at the recipient’s local time is deemed to have been served on the next day that is not a Saturday or a holiday.
Marginal note:Deemed served
10 If a document has been served in a manner not authorized by these Rules or by an order of the Complaints Commission, the Complaints Commission may, on motion, order that a document be deemed validly served if it is satisfied that the document came to the notice of the recipient or that it would have come to that person’s notice were it not for the person’s avoidance of service.
Marginal note:Proof of service
11 (1) Service of a document is proved by:
(a) an acknowledgement of service signed by or on behalf of the recipient; or
(b) an affidavit of service stating the name of the person who served the document and the date, place and manner of service.
Marginal note:Delivery receipt
(2) The affidavit of service for a document that was served by electronic transmission, fax or registered mail must include a receipt confirming that the document was successfully delivered to the recipient.
Marginal note:Retaining proof
(3) A person serving documents under these Rules must maintain the proof referred to in subsections (1) and (2) that the document was served in accordance with section 9 and must produce that proof to the Complaints Commission on request.
Filing of Documents
Marginal note:Service before filing
12 (1) A document that is required to be filed under these Rules may be filed only if a copy of that document has been served on each party and any intervenors.
Marginal note:Proof of service
(2) When a document referred to in subsection (1) is filed, it must be accompanied by proof of service that meets the requirements of section 11.
Marginal note:Electronic filing
13 (1) The parties and intervenors must file their documents by electronic transmission.
Marginal note:Alternative means of filing
(2) The Complaints Commission may, if it considers that it is justified in the circumstances, allow paper filing or fax filing.
Marginal note:Format – electronic transmission
14 (1) A document that is filed by electronic transmission must be in either PDF (Portable Document Format) or any other format allowed by the Complaints Commission.
Marginal note:Filing after 5 p.m.
(2) A document that is filed by electronic transmission or fax transmission after 5 p.m. standard time is deemed to have been filed on the next day that is not Saturday or a holiday.
Marginal note:Format — paper filing
15 (1) Subject to subsection (2), only those documents that are printed on letter size paper and that have numbered pages may be filed.
Marginal note:Format — non-standard
(2) If a document is not printed on letter size paper and cannot be reasonably converted to that format by the person filing it, it may be filed in its existing format.
Marginal note:Original
16 (1) For the purposes of any oral or written hearing, the electronic version of a document filed by electronic transmission is deemed to be the original.
Marginal note:Production of original
(2) If the Complaints Commission requests to examine the original of any document filed, the party or intervenor who filed it must produce it.
Marginal note:Irregularity or defect
17 At any time before the Complaints Commission sends its report under section 250.48 of the Act, it may draw the attention of a party to any irregularity or defect of a document and permit the party to remedy it on any conditions that the Complaints Commission considers fair.
Marginal note:Statement under oath or solemn affirmation
18 (1) A statement made under oath or solemn affirmation may be filed by electronic transmission if a scanned version of the statement is filed along with a document attesting to the following:
(a) that the document sent by electronic transmission is an electronic version of a paper document that has been signed by the person making the oath or solemn affirmation; and
(b) that the signed paper document is available and will be produced on the Complaints Commission’s request.
Marginal note:Retaining document in paper format
(2) The statement made under oath or solemn affirmation must be retained in paper format by the party or intervenor filing it for one year after the final report is issued.
Marginal note:Production of the original
(3) If the Complaints Commission requests to examine the original of the statement made under oath or solemn affirmation, the party or intervenor who filed it must produce the original signed document for review.
Marginal note:Certified electronic copy
19 If a document is filed by electronic transmission and a copy certified by the Registrar or a person designated by the Registrar is requested from the Complaints Commission, the Registrar may provide a paper copy of the electronic document stamped “certified copy”.
Official Record of Hearings
Marginal note:Official record of hearing
20 The Complaints Commission must keep, in the original and official record of a hearing, all documents in the format in which they were filed.
Marginal note:Public consultation
21 (1) Subject to any confidentiality order made under section 55, the public may consult, in a format determined by the Registrar, documents that have been received in evidence in the public record.
Marginal note:Private hearings
(2) Documents filed with the Complaints Commission in respect of a private hearing do not form part of the public record.
Composition of Panel for Hearings
Composition and Chairperson of Panel
Marginal note:Composition of panel
22 For the purposes of section 250.4 of the Act, the member or members of the Complaints Commission who are assigned by the Chairperson of the Complaints Commission make up the panel that is to hold hearings under subsection 250.38(1) of the Act.
Marginal note:Designation of Chairperson
22.1 The Chairperson of the Complaints Commission must designate, from among the members of the panel, a person who will act as Chairperson of the panel and who will be responsible for the management of day-to-day business, including communications between the panel and the Complaints Commission and between the panel, parties and intervenors.
Absence, Incapacity or Vacancy
Marginal note:Absence, incapacity or vacancy
23 (1) In the event of the absence or incapacity of a member of the panel or if a position on the panel is vacant, the hearing may continue with the remaining members of the panel or the Chairperson of the Complaints Commission may assign one or more additional members to the panel.
Marginal note:Single member
(2) In the event of the absence or incapacity of the Chairperson of a panel composed of only one member, the Chairperson of the Complaints Commission may assign one or more members of the Complaints Commission to the panel to conduct the hearing.
Marginal note:Panel not void
(3) The absence or incapacity of a member of the panel or the vacancy of a position on the panel does not invalidate the proceeding.
New Member
Marginal note:Assignment of new member
24 If the Chairperson of the Complaints Commission assigns a new member under subsection 23(1) or (2), the following rules apply:
(a) the parties and intervenors must make submissions to the Chairperson of the Complaints Commission as to how the hearing should proceed; and
(b) the Chairperson of the Complaints Commission may, after considering the submissions and taking into account the interests of justice and the purpose of these Rules, establish the procedure for the hearing, including the rehearing of evidence or the use of transcripts of evidence given to date.
Decision Making
Marginal note:Majority of votes
25 A matter before a panel is decided by a majority of the members, but in the case of a tie, the Chairperson of the panel has the deciding vote.
Interim or Preliminary Questions
Marginal note:Chairperson of panel or delegate
26 The Chairperson of the panel or their delegate may, at any time during a proceeding, determine any interim or preliminary question, including a motion, and may exercise any powers of the Complaints Commission necessary to determine the question.
Questions To Be Determined
Marginal note:Question of law, jurisdiction, practice or procedure
27 At any time during a proceeding, the Complaints Commission may determine any question of law, jurisdiction, practice or procedure and may stay a proceeding in whole or in part until the question is determined.
Marginal note:Reference to Federal Court
28 (1) The Complaints Commission may, in accordance with section 18.3 of the Federal Courts Act, refer any question of law, of jurisdiction or of practice or procedure to the Federal Court for hearing and determination.
Marginal note:Powers of Commission
(2) In the event of a reference to the Federal Court, the Complaints Commission may, subject to the direction of the Court,
(a) proceed to hear evidence relevant to all questions except those that have been referred to the Court; or
(b) stay the hearing as it relates to the questions that have been referred to the Court and reserve its decision pending the decision of the Court.
Practice Directions
Marginal note:Authority
29 (1) The Complaints Commission may issue practice directions that are consistent with these Rules and their purpose.
Marginal note:Technology
(2) The Complaints Commission may issue directions requiring the use of any electronic or digital means of communication, storage or retrieval of information or any technology that it considers appropriate to facilitate the conduct of a hearing or a case management conference.
Proceedings
Marginal note:Transcription or recording — proceedings
30 (1) The Complaints Commission may transcribe or record its proceedings.
Marginal note:Record — proceedings
(2) Any transcript or recording is a part of the record of the proceedings.
Accommodation
Marginal note:Notice to Registrar
31 Any person requiring reasonable accommodation at a proceeding must, no later than 30 days before the day on which the proceeding is to begin, provide notice to the Registrar.
PART 2Pre-hearing Procedures
Hearings Respecting Similar Questions
Marginal note:Powers regarding similar questions
32 (1) If two or more hearings before the Complaints Commission concern the same or similar questions, the Complaints Commission may
(a) combine the hearings or any part of them;
(b) hear the questions at the same time;
(c) hear the questions one immediately after the other; or
(d) stay one or more of the questions pending determination of one of them.
Marginal note:Orders regarding procedure
(2) The Complaints Commission may make orders respecting the procedure to be followed with respect to hearings.
Case Management
Marginal note:Case management conferences
33 The Complaints Commission may conduct one or more case management conferences, which will be presided over by a member of the panel that will conduct the hearing.
Marginal note:Directions regarding scheduling
34 The Complaints Commission may issue directions with respect to the scheduling of case management conferences.
Marginal note:Directions regarding matters for consideration
35 (1) The Complaints Commission may include in the directions referred to in section 34 a list of the matters to be considered at the case management conference and may require the filing of memoranda regarding any of those matters.
Marginal note:Matters to be considered
(2) Matters to be considered include
(a) the dates, duration and location of the hearing;
(b) whether the hearing will be oral or written, or partly oral and partly written, and whether documents will be presented electronically or in paper format in the course of the hearing;
(c) any pending or anticipated motions and a deadline date for the hearing of motions;
(d) any issues of confidentiality;
(e) the identification, clarification, simplification and elimination of issues;
(f) the possibility of obtaining admissions of particular facts or documents, including an agreed statement of facts;
(g) the official language to be used for the hearing, as well as the official language in which each witness will testify, and the need for interpreters, if any;
(h) a timetable for the exchange or serving and filing of the various documents related to the hearing, including affidavits of documents, statements or summaries of anticipated evidence, joint briefs of authorities and agreed books of documents;
(i) any matter relating to pre-hearing disclosure;
(j) a timetable for the intervenors;
(k) all matters related to expert witnesses;
(l) the advisability of a pre-hearing reference or determination of a question or issue of law, of jurisdiction or of practice and procedure;
(m) any requirement for a notice of a constitutional question;
(n) a timetable for any subsequent case management conferences; and
(o) any other matters that may facilitate the conduct of the hearing.
Marginal note:Order
36 After each case management conference, the Complaints Commission may issue an order in writing setting out any rulings it has made relating to the matters considered at the conference.
Marginal note:Firm requirements
37 (1) The dates set and other requirements established by case management orders are firm.
Marginal note:Request for variation
(2) A request for a variation must be made by motion showing that compelling reasons exist for the variation.
Marginal note:Powers of Commission
(3) The Complaints Commission may vary any order made under subsection (2) if it is satisfied that compelling reasons exist for the variation.
Motions
Marginal note:Motions
38 The procedure set out in sections 39 to 43 applies only to the following:
(a) a motion relating to the jurisdiction of the Complaints Commission;
(b) a motion to stay or dismiss a proceeding;
(c) a motion raising any constitutional questions, including questions raised under the Canadian Charter of Rights and Freedoms;
(d) a motion for a confidentiality order;
(e) a motion that a hearing or part of a hearing in a proceeding be held in private;
(f) a motion to prohibit a person from disclosing information disclosed in a hearing; and
(g) any other question that the Complaints Commission orders resolved by way of motion under sections 39 to 43.
Marginal note:Notice of motion
39 (1) A motion is commenced by a written notice of motion setting out the grounds for the motion and the order sought.
Marginal note:Content
(2) A notice of motion must be accompanied by any supporting affidavits.
Marginal note:Service of response
40 Any Commission counsel, party or intervenor who has been served with a notice of motion may, no later than 14 days after being served, serve a response on the other parties and any intervenors, stating the grounds on which the motion is opposed and, if applicable, any supporting affidavits.
Marginal note:Evidence and memorandum
41 No later than 14 days after the service of the response, the parties participating in the motion must serve on the other parties
(a) any supplementary evidence to be relied on; and
(b) a memorandum of fact and law.
Marginal note:Testimony by affidavit
42 (1) Subject to subsection (2), testimony on a motion must be given by affidavit.
Marginal note:Oral testimony
(2) The Complaints Commission may, before or during the hearing, grant leave for oral testimony in relation to an issue raised in the notice of motion and may, on application of any party with standing to cross-examine, permit cross-examination on affidavits.
Marginal note:Powers of Commission
43 After hearing a motion, the Complaints Commission may
(a) make the order sought or any other suitable order;
(b) dismiss the motion, in whole or in part;
(c) adjourn the hearing of the motion, in whole or in part; or
(d) if the motion is heard prior to the commencement of the hearing on the merits of the proceeding to which the motion relates, adjourn the hearing of the motion so that the panel presiding at the hearing on the merits may determine it.
Intervention
Marginal note:Valuable contribution
44 The Complaints Commission may allow a person to intervene if the Complaints Commission is satisfied that the person can make a significant contribution or bring a significant perspective to the hearing, and the potential benefits of the intervention outweigh any prejudice to the parties that might be caused by the intervention.
Marginal note:Motion
45 (1) A motion for leave to intervene must be served on the parties and the intervenors along with an affidavit setting out the facts on which the motion is based.
Marginal note:Content
(2) A motion for leave to intervene must set out
(a) the title of the proceedings in which the person making the motion wishes to intervene;
(b) the name and address of that person;
(c) a concise statement of the valuable contribution or perspective that the person will bring to the proceeding in light of the matters in issue in the hearing;
(d) the name of the party, if any, whose position that person intends to support;
(e) the official language to be used by that person at the hearing of the motion and, if leave is granted, at the hearing on the merits; and
(f) a description of how that person proposes to participate in the proceedings.
Marginal note:Response
46 Commission counsel, a party or an intervenor served with a motion for leave to intervene may, within 14 days after that service, serve a response to the motion on the person making the motion and on the parties and intervenors.
Marginal note:Reply
47 A person making a motion for leave to intervene may, within seven days after the service of the response referred to in section 46, serve a reply on the Commission Counsel, the parties and intervenors.
Marginal note:Joint submissions
48 If two or more persons making a motion for leave to intervene have the same or substantially similar expertise or perspectives, the Complaints Commission may require them to file joint submissions, or otherwise participate jointly.
Marginal note:Powers of Commission
49 The Complaints Commission may limit the participation of an intervenor to
(a) the cross-examination of witnesses;
(b) the right to lead evidence;
(c) the obligation to produce or disclose documents;
(d) one or more issues raised in the hearing;
(e) a portion of the hearing only;
(f) written submissions; and
(g) time-limited oral submissions.
Marginal note:Intervention allowed
50 If a motion for leave to intervene is allowed,
(a) the Registrar must send to the intervenor a list of all documents filed in the proceedings before or on the day on which the motion for leave to intervene is allowed;
(b) on request, the intervenor may obtain copies of the documents on the list from the Registrar;
(c) Commission counsel, each party and each other intervenor must serve on the intervenor any document that is filed by them after the day on which the motion for leave to intervene is allowed; and
(d) access by an intervenor to a document filed or received in evidence is subject to any relevant confidentiality order of the Complaints Commission.
Production and Disclosure of Documents
Marginal note:Obligation of parties and intervenors
51 (1) Parties and intervenors must provide to the Complaints Commission all documents that are in their possession, power or control and that are relevant to the subject matter of the hearing.
Marginal note:Confidentiality
(2) If a party or intervenor claims that a document is confidential or contains confidential information, or is subject to privilege or protection under sections 37 to 39 of the Canada Evidence Act, that party or intervenor must present evidence in support of each claim.
Marginal note:Confidentiality ruling
(3) The Complaints Commission may make a ruling on the confidentiality claim with respect to each document or piece of information, except claims for protection under sections 37 to 39 of the Canada Evidence Act, and may make such orders as it considers appropriate.
Marginal note:Failure to provide
(4) Subject to section 77, no document or other piece of evidence that a party or intervenor seeks to use for the hearing will be received in evidence unless the party or intervenor provides copies to the Complaints Commission at least 30 days before the hearing commences.
Marginal note:Continuing obligation to inform
52 Any party or intervenor who has filed documents with or produced documents to the Complaints Commission and then comes into possession or control of or obtains power over a relevant document, or who becomes aware that the disclosure is incomplete or that the information contained in those documents is inaccurate, must as soon as possible notify the Complaints Commission of the new documents, the incompleteness of the disclosure, or the inaccuracy of the information.
Marginal note:Confidentiality of documents
53 Documents produced by a party, an intervenor or any other person must be treated as confidential by the Complaints Commission unless they are made part of the public record or the Complaints Commission determines otherwise.
Marginal note:Undertakings
54 Before a party, an intervenor or a person who may be called as a witness is provided with a document that has not yet been introduced into evidence, the Complaints Commission may require that the party, intervenor, person and their counsel provide to the Complaints Commission the form set out in Schedule 1.
Confidentiality Orders
Marginal note:Motion
55 The Complaints Commission may, on its own motion or on the motion of Commission counsel or a party or intervenor who has filed or will file a document, order that the document or information in the document be treated as confidential and may make any order that it considers appropriate.
Marginal note:Contents of motion
56 Commission counsel, a party or an intervenor making a motion for an order of confidentiality must
(a) include in the grounds for the motion details of the specific, direct harm that would allegedly result from unrestricted disclosure of the document or information;
(b) include in the motion a draft confidentiality order that contains the following elements
(i) a description of the document, the information or the category of documents or information for which the order is sought,
(ii) the names of the persons or categories of person who are entitled to have access to the confidential document or information,
(iii) the document, information or category of document or information available to the persons or categories of persons referred to in subparagraph (ii),
(iv) any proposed confidentiality agreement that the persons referred to in subparagraph (ii) intend to sign and the provisions of that agreement,
(v) the number of copies of confidential documents to be provided to the persons referred to in subparagraph (ii) and any limitations on subsequent reproduction of that document by those persons, and
(vi) the procedures to be followed with respect to confidential documents once the hearing is completed.
Marginal note:Filing without confidentiality order
57 A party, an intervenor or Commission counsel claiming confidentiality in a document to be filed that is not covered by a confidentiality order must
(a) file a public version of the document that does not include the confidential information;
(b) provide the Registrar with a version of the document marked “confidential” that
(i) includes and identifies the confidential information referred to in paragraph (a) that has been deleted from the public version,
(ii) identifies the nature of the claim to confidentiality, and
(iii) does not include information for which protection is claimed under theCanada Evidence Act; and
(c) bring a motion under section 55 for an order allowing them to file the confidential version.
Marginal note:Filing with confidentiality order
58 A party, an intervenor or Commission counsel who wishes to file a document containing information that is subject to a confidentiality order under section 55 must file a public version that does not include the confidential information and a confidential version with each page clearly marked “confidential” together with a reference to the date of the confidentiality order. The confidential material that has been deleted from the public version must be highlighted in the confidential version.
Witness Interviews
Marginal note:Interview by Commission representative
59 (1) A Complaints Commission representative may interview persons who have information or documents that are likely to have a bearing on the subject matter of the hearing.
Marginal note:Presence of counsel
(2) Persons who are interviewed are entitled to have counsel present at their own expense.
Marginal note:Statement or summary of anticipated evidence
60 (1) If Commission counsel determines that a person will be called as a witness following an interview, Commission counsel will provide the witness’ statement if one exists or prepare a summary of the witness’ anticipated evidence.
Marginal note:Deadline anticipated evidence
(2) Commission counsel must provide a statement or summary of anticipated evidence to parties and intervenors, subject to confidentiality orders, at least three days before the witness testifies.
Marginal note:Contents of summary
(3) The summary of the witness’s anticipated evidence must be in writing and contain the substance of the testimony of the witness, as well as a list of documents to which the witness may refer.
Marginal note:List of documents
(4) If a witness refuses to be interviewed by Commission counsel before testifying, if no statement is given or if, for any reason, no summary of anticipated evidence can be prepared, Commission counsel must, at least three days before that witness is to testify, provide the parties and intervenors with the list of documents that may be presented to the witness and must highlight the portions of the documents that relate to the witness’s anticipated evidence.
Summoning of Witnesses
Marginal note:Power to compel witnesses
61 At any time after a hearing is caused to be held under paragraph 250.4(1)(a) of the Act, but before sending its written report under to section 250.48 of the Act, the Complaints Commission may issue to a witness the form set out in Schedule 2, in accordance with paragraph 250.41(1)(a) of the Act.
PART 3Conduct of Hearings
Interpreter
Marginal note:Obligation to provide interpreter
62 (1) If a witness does not understand the language in which their examination at the hearing is being conducted, or is deaf or mute, the Complaints Commission must provide them with the services of an interpreter.
Marginal note:Notice
(2) A person intending to call a witness during a hearing must, no later than 30 days before the day on which the hearing is to begin, provide notice to the Registrar if that witness will need the services of an interpreter.
Private Hearings
Marginal note:Orders
63 If the Complaints Commission orders that a hearing or any part of a hearing be held in private under section 250.42 of the Act, it may make any of the following orders:
(a) that certain persons be excluded;
(b) that certain persons be admitted on terms and conditions;
(c) that restrictions be placed on the disclosure and publication of evidence, including the use of non-identifying initials and the redaction of transcripts and exhibits;
(d) that restrictions be placed on public access to the Complaints Commission’s record, or that the Registrar maintain separate public and confidential records; and
(e) that any other order that the Complaints Commission considers appropriate be made.
Marginal note:Private hearings
64 (1) If a person believes that any information described in paragraph 250.42(a), (b) or (c) of the Act is likely to be disclosed, they may request that the Complaints Commission hold all or part of the hearing in private.
Marginal note:Burden of proof
(2) The person making the request bears the burden of establishing why it is necessary for the hearing to be private.
Marginal note:Private consideration of request
65 (1) The Complaints Commission may convene in private to consider a request under section 64.
Marginal note:Public decision
(2) After convening in private to consider the request under section 64, the Complaints Commission must make its decision public.
Marginal note:Contents of public decision
(3) The public decision must set out the following in writing:
(a) the criteria and principles applied in determining whether the information will be heard in private;
(b) the general nature, to the extent possible, of any evidence that will be heard in private; and
(c) the reasons for accepting or denying the request.
Marginal note:Confidential reasons
(4) The Complaints Commission may, in addition to its reasons referred to in paragraph (3)(c), issue confidential reasons, not available to the public, referring to specific evidence that it decided should be heard in private. If the Complaints Commission decides to issue confidential reasons, it must give reasons for its decision.
Marginal note:Non-disclosure of information
66 (1) Subject to subsection (2), if a hearing or a part of a hearing is ordered to be held in private, no person may disclose, except to their representative or to another person who participates in or attends the hearing or the part of that hearing that was ordered to be held in private,
(a) any information disclosed in the hearing or the part of the hearing that is held in private; or
(b) the confidential reasons, if any, issued by the Complaints Commission.
Marginal note:Order for disclosure
(2) On the motion of a person, the Complaints Commission may make an order permitting a person to disclose any information referred to in subsection (1).
Examination of Witnesses
Marginal note:Testimony
67 All testimony before the Complaints Commission must be given under oath or solemn affirmation.
Marginal note:Evidence by affidavit
68 The evidence of a witness or proof of a particular fact or document may be given by affidavit, unless the Complaints Commission orders otherwise, and the deponent must be made available for cross-examination, if required.
Marginal note:Exclusion of witnesses
69 (1) The Complaints Commission may, on request or on its own motion, order that witnesses be excluded from the hearing until they are called to testify.
Marginal note:No communication by excluded witnesses
(2) No witness who has been excluded from a hearing may communicate with any person about any evidence or testimony that is given during the course of a hearing until after the witness has testified, except with the leave and on the direction of the Complaints Commission.
Marginal note:Witness counsel
70 Witnesses may be represented by counsel.
Marginal note:Sequence of examination
71 The sequence of examination in the ordinary course of a hearing is as follows:
(a) Commission counsel leads the examination in chief of the witnesses, and may ask both leading and non-leading questions;
(b) the parties may then cross-examine the witness in the order determined by the parties or, failing their agreement, by the Complaints Commission;
(c) subject to the leave of the Commission, intervenors and counsel may cross-examine a witness; and
(d) Commission counsel may re-examine the witness.
Marginal note:Application to lead examination in chief
72 (1) A party, an intervenor, a witness or their counsel may apply to the Complaints Commission for leave to lead the examination in chief of a particular witness.
Marginal note:Applicable rules
(2) If leave to lead the examination in chief is granted, the examination must be governed by the normal rules for the examination of one’s own witness in court proceedings, unless the Complaints Commission directs otherwise.
Marginal note:Limits
73 The Complaints Commission may reasonably limit further examination or cross-examination of a witness if it is satisfied that the examination or cross-examination has been sufficient to disclose fully and fairly all matters relevant to the issues in the proceeding.
Marginal note:Commission questions
74 The Complaints Commission may question any witness who gives oral evidence.
Marginal note:Communication with witnesses
75 Unless authorized by the Complaints Commission, no party, intervenor, witness or their counsel, may speak to a witness, after that witness has been sworn, affirmed or otherwise accepted as a witness, about the evidence that they have given or are expected to give until the evidence of that witness is complete.
Marginal note:Intention to call witness
76 (1) A party must provide the Complaints Commission with 15 days’ notice of its intention to call a witness.
Marginal note:Refusal to call witness
(2) An intervenor or counsel for a witness may by motion, on 15 days’ notice, apply to the Complaints Commission for leave to call a witness whom the intervenor or counsel for a witness believes has evidence relevant to an issue, if Commission counsel has refused to call the witness.
Use of Documents During Hearing
Marginal note:Statement
77 (1) If a party, intervenor or counsel for a witness calls a witness, they must provide Commission counsel, the parties and any intervenors who have an interest in the subject matter of the proposed evidence with the statement of that witness, at least five days before the witness is to testify.
Marginal note:Written summary
(2) In the absence of such a statement, the party, intervenor or counsel for the witness must, subject to any confidentiality orders, prepare and provide Commission counsel with a written summary of that witness’ anticipated evidence and a list of documents that may be put to the witness at least five days before the witness is to testify.
Marginal note:Cross-examination — previous statement
78 (1) If a person uses a document for the purpose of contradicting a witness on cross-examination on previous statements, section 10 of the Canada Evidence Act applies, with any necessary modifications.
Marginal note:List and copy of documents
(2) Counsel or the person conducting the cross-examination must provide to the parties, Commission counsel, the witnesses and any intervenors who have an interest in the subject matter of the proposed evidence, not later than five days before the testimony of that witness begins, a list of documents that may be put to the witness and copies of those documents.
Marginal note:Failure to produce document
(3) If counsel or the person conducting the cross-examination fails to produce a document in accordance with subsection (2), the Complaints Commission may order that the document be produced to all parties, adjourn the proceedings if necessary or make any other suitable order to ensure fairness in the proceedings.
Marginal note:Use of document for other purposes
(4) If counsel or the person conducting the cross-examination wishes to use a document in cross-examination for any purpose other than to contradict the witness, that document must be produced in accordance with section 51.
Marginal note:Status of summary of anticipated evidence
79 A summary of anticipated evidence is not testimony and may not be referred to in the examination of the witness.
Witness Panels
Marginal note:Witness panels
80 The Complaints Commission may require that some or all of the witnesses testify as a panel at a time and in a manner determined by the Complaints Commission.
Expert Witnesses
Marginal note:Expert report
81 (1) If Commission counsel, a party or an intervenor intends to introduce the report evidence of an expert witness at the hearing, they must serve it on all parties and intervenors at least 60 days before the expert is scheduled to testify.
Marginal note:Report in response
(2) Commission counsel, a party or an intervenor may serve the report of an expert in response on all parties and intervenors, provided that it is served at least 30 days before the responding expert is scheduled to testify.
Marginal note:Report in reply
(3) Commission counsel, the party or the intervenor calling the expert may, at least 15 days before the expert is scheduled to testify, serve an expert report in reply on all parties and intervenors.
Marginal note:Content of report
(4) A report referred to in any of subsections (1) to (3) must include the following:
(a) a full statement of the evidence of the expert;
(b) the expert’s qualifications and areas in respect of which it is proposed that he or she be qualified as an expert;
(c) the sources and documents relied on in the report; and
(d) the form set out in Schedule 3, duly completed.
Marginal note:Expert report provided to the Registrar
82 (1) Unless otherwise ordered under section 36, a report referred to in section 81 must be filed at least 10 days before the expert is scheduled to testify.
Marginal note:Reading by the Commission
(2) The Complaints Commission may read the expert report in advance of the testimony of the expert.
Marginal note:Record
(3) The report of an expert does not form part of the record unless it is received in evidence at the hearing.
Marginal note:Commission-appointed experts
83 (1) The Complaints Commission may, at any time, by order, appoint one or more independent experts to inquire into and report on any question of fact or opinion relevant to an issue in a proceeding.
Marginal note:Content of order
(2) The order must contain the following information:
(a) the name of the expert being appointed, and their title and qualifications;
(b) the instructions given to the expert with respect to the preparation of the report;
(c) the questions to be posed to the expert;
(d) the date on which the report of the expert is to be provided to the Complaints Commission; and
(e) the nature and extent of the expert’s participation in the proceeding.
Marginal note:Service of report
(3) The Registrar must serve a copy of the report on every party and any intervenor.
Marginal note:Record
(4) The report does not form part of the record until it is received in evidence at the hearing.
Marginal note:Response
(5) Any party or intervenor may file a written response to the expert’s report and may examine the expert. The order and nature of such examinations are to be determined by the Complaints Commission.
Marginal note:Further or supplementary report
(6) The Complaints Commission may order the expert to make a further or supplementary report and subsections (3) to (5) apply to that report.
Adjournment
Marginal note:Power of Commission
84 (1) The Complaints Commission may, of its own motion or on the request of Commission counsel, a party or an intervenor, adjourn a hearing if it is necessary to permit a fair hearing to be held.
Marginal note:Factors for consideration
(2) In considering whether to grant an adjournment, the Complaints Commission may consider the following factors:
(a) any prejudice that might be caused to a person;
(b) the timing of the request or motion for the adjournment;
(c) the number of prior requests for an adjournment;
(d) the number of adjournments already granted;
(e) prior directions or orders with respect to the scheduling of future hearings;
(f) the public interest;
(g) the costs of an adjournment;
(h) the availability of witnesses;
(i) the efforts made to find alternatives to the adjournment request;
(j) the principle of a fair hearing; and
(k) any other relevant factor.
Maintenance of Order at Hearings
Marginal note:Orders or directions
85 (1) The Complaints Commission may make orders or give directions that it considers necessary for the maintenance of order at the hearing.
Marginal note:Attendance at a hearing
(2) For the purposes of subsection (1), the Complaints Commission, by order, may
(a) impose restrictions on a person’s presence at a hearing; and
(b) exclude a person from further participation in or attendance at a hearing until the Complaints Commission orders otherwise.
PART 4Transitional Provision, Repeal and Coming into Force
Transitional Provision
Marginal note:Application
86 These Rules apply only to proceedings commenced after these Rules come into effect.
Repeal
87 The Rules of Procedure for Hearings Before the Military Police Complaints CommissionFootnote 1 are repealed.
Return to footnote 1SOR/2002-241
Coming into Force
Marginal note:Registration
88 These Rules come into force on the day on which they are registered.
SCHEDULE 1(Section 54)Confidentiality Undertaking
FILE NUMBER
STYLE OF CAUSE
I undertake to the Military Police Complaints Commission (Commission) that documents or information that are produced to me in connection with the Commission’s proceedings will not be used by me for any purpose other than for those proceedings. I undertake that I will not disclose any such documents or information to anyone other than the following persons provided that they have also given this written undertaking
FOR COUNSEL
(a) the parties, intervenors or witnesses I represent in this proceeding;
(b) counsel and staff assisting me in the proceeding; and
(c) any experts retained in the proceeding.
FOR NON-COUNSEL
(a) my counsel;
(b) any persons retained to assist me in the proceeding; and
(c) any experts retained by me in the proceeding.
I understand that this undertaking ceases to apply once any such document or information has been entered as a public exhibit in the hearing, or to the extent that the Commission may release me from the undertaking with respect to any document or information.
I also understand that this undertaking applies only with respect to documents disclosed by the Commission and has no application with respect to documents or information that I already possess, or that I may obtain independently during the Commission’s proceedings, even if they are the same as some of the documents or information produced to me in connection with the Commission’s proceedings.
I further understand that the documents and information which remain subject to this undertaking at the end of the proceeding must be destroyed and
FOR COUNSEL, I undertake:
(a) to destroy those documents or information (and any copies that I may have made) and to provide a certificate of destruction to the Commission or to return those documents to the Commission for destruction; and
(b) to collect and destroy such documents or information (and any copies that I may have made) from anyone to whom I have disclosed any documents or information that were provided to me by the Commission in connection with the Commission’s proceedings, or to return those documents to the Commission.
FOR NON-COUNSEL, I undertake:
(a) to provide such documents or information to my counsel and understand that my counsel will destroy them; and
(b) if I am not represented by counsel, to give to the Commission all documents and information provided to me by the Commission for the purposes of the proceeding (and any copies that I may have made).
I undertake to safeguard the documents or information provided to me, including notes taken from or copies made of those documents or information, at all times.
If documents or information subject to this undertaking are lost or stolen or that here has been unauthorized access, I undertake to advise the Commission immediately. I agree to take whatever steps are necessary to mitigate the risks of improper disclosure of the documents or information.
| (signature of person giving undertaking) | (signature of witness) |
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| (print name in block letters) | (print name in block letters) |
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| (date) | (date) |
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SCHEDULE 2(Section 61)Summons to Witness
FILE NUMBER
STYLE OF CAUSE
NAME OF WITNESS
ADDRESS
You are required to attend before the Military Police Complaints Commission at a hearing to be held at (address), on (day and date), at (time), and so on from day to day until the hearing is concluded or the Commission otherwise orders, to give evidence under oath or solemn affirmation in respect of the hearing.
You are to bring with you and produce at that time and place any relevant documents or other things under your control, including: (Specify the nature and date of each document or other material and give sufficient details in order to identify them).
Date
NOTE
If you fail to attend and give evidence at the hearing, or to produce the documents or things at the time and place specified, you are liable, under section 302 of the National Defence Act, to a fine of not more than $500 or to imprisonment for a term of not more than six months or to both.
A person, other than an officer or non-commissioned member of the Canadian Forces or an officer or employee of the Department of National Defence, is entitled, under section 251.2 of the National Defence Act, at the discretion of the Military Police Complaints Commission, to receive payment of the same fees and allowances for attendance at the hearing as are paid for the attendance of a witness summoned to attend before the Federal Court.
SCHEDULE 3(Paragraph 81(4)(d))Undertaking of Expert Witness
FILE NUMBER
STYLE OF CAUSE
1 My name is
(name in block letters of expert witness). I live in (city) in the (province/state) of , (country).2 I have been engaged by or on behalf of
(name of person retaining expert) to provide evidence as an expert in relation to the above-noted proceeding.3 I acknowledge that it is my duty to provide evidence in relation to that hearing as follows:
(a) to provide my opinion on evidence that is fair, objective and non-partisan;
(b) to provide my opinion on evidence that is related only to matters that are within my area of expertise; and
(c) to provide any additional assistance that the Complaints Commission may reasonably require to determine an issue.
4 I acknowledge that the duty referred to above prevails over any obligation that I may owe to any party by whom or on whose behalf I am engaged.
Date
- Date modified: