Basic Search

Marginal note:Powers

• 45.65 (1) The Commission may, in relation to a complaint before it,

  • (a) in the same manner and to the same extent as a superior court of record, summon and enforce the attendance of witnesses before the Commission and compel them to give oral or written evidence on oath and to produce any documents and things that the Commission considers relevant for the full investigation, hearing and consideration of the complaint;

  • [...]

  • (d) make any examination of records and any inquiries that the Commission considers necessary.

• Marginal note:No excuse

  (2) No witness shall be excused from answering any question or producing any document or thing, when compelled to do so by the Commission, on the grounds that the answer or statement made in response to the question, or the document or thing given by the witness, may tend to criminate him or her or subject him or her to any criminal, civil or administrative action or proceeding.

• (3) Evidence given, or a document or thing produced, by a witness who is compelled by the Commission to give or produce it, and any evidence derived from it, may be used or received against the witness only in

  • (a) a prosecution under section 132 or 136 of the Criminal Code; or

[...]

40.1 The following definitions apply in sections 40.2 to 40.8.

document

document  means any medium on which is recorded or marked anything that is capable of being read or understood by an individual or a computer system or other device. (document)

justice

justice  has the meaning assigned by section 2 of the Criminal Code. (juge de paix)

night

night  has the meaning assigned by section 2 of the Criminal Code. (nuit)

person

person  has the meaning assigned by section 2 of the Criminal Code. (personne)

[...]

Marginal note:Board of Inquiry

• [...]

• (3) A board of inquiry has, in relation to the matter before it, power

  • [...]

  • (d) to make such examination of records and such inquiries as the board deems necessary.

• [...]

• Marginal note:Witness not excused from testifying

  (7) In an investigation by a board of inquiry, no witness shall be excused from answering any question relating to the matter before the board when required to do so by the board on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty.

[...]