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

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.