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

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.