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Prisoner-of-War Status Determination Regulations (SOR/91-134)

Regulations are current to 2021-05-19

Special Cases

 In cases not provided for in these Regulations, the tribunal may, in carrying out its function, determine the procedure to be followed.

Evidence in Camera

  •  (1) A tribunal may hear evidence in camera and in the absence of the detainee where the tribunal considers it necessary to do so in the interest of national security.

  • (2) The tribunal shall give the detainee an oral or a written summary of any evidence heard in the absence of the detainee that, in the opinion of the tribunal, would not be injurious to national security.

  • SOR/96-85, s. 9(F)

Minutes of Proceedings

  •  (1) A tribunal shall keep, or cause to be kept, minutes of proceedings in respect of each hearing.

  • (2) The minutes of proceedings shall contain

    • (a) a copy of the direction to determine the status of the detainee;

    • (b) a record of the time and place of the hearing and the names of the persons present;

    • (c) a summary of the testimony of all witnesses heard by the tribunal;

    • (d) all real and documentary evidence considered by the tribunal; and

    • (e) a record of the tribunal’s determination and the reasons therefor and the time and date when the determination was announced.

  • (3) The tribunal shall forward the minutes of proceedings to the authority who directed the tribunal to make a determination.

Review of Determination

  •  (1) A detainee whose prisoner-of-war status has been determined pursuant to section 13 may, within 24 hours after the tribunal announces its determination, request a review of the determination.

  • (2) The request referred to in subsection (1) shall be in writing and shall be given to the commanding officer of the unit or element that has custody of the detainee.

  • (3) Where a request is made under subsection (1), the authority who directed the tribunal to make a determination shall review the determination.

  • (4) Any written representations to the authority that the detainee wishes to make shall be submitted to the commanding officer within seven days after the determination is announced.

  • (5) The commanding officer shall forward the request and any written representations to the authority.

  • (6) The review shall consist of a review of the minutes of proceedings and any written representations made by the detainee.

  • (7) The authority may, on completion of the review,

    • (a) substitute the authority’s own determination of the detainee’s entitlement to prisoner-of-war status for the determination of the tribunal;

    • (b) set aside the determination of the tribunal and direct that another tribunal hold a hearing to determine whether the detainee is entitled to prisoner-of-war status; or

    • (c) confirm the determination of the tribunal.

  • (8) The authority shall give written reasons for the decision made under subsection (7).

Witness Fees

 Any person who is not subject to the Code of Service Discipline, as defined in section 2 of the National Defence Act, and who attends as a witness at a tribunal hearing is entitled to compensation for such expenses as the tribunal considers reasonable in the circumstances.

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