Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 (SOR/2022-9)

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.