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

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.