Royal Canadian Mounted Police Act

Marginal note:Parties

• 45.22 (1) An officer or other member who sends a request under subsection 45.19(4) for a review of the officer’s or member’s case by a discharge and demotion board and the appropriate officer to whom the request is sent are parties to the review.

• Marginal note:Material to be provided to board

  (2) A discharge and demotion board shall, prior to reviewing the case before it, be provided by the appropriate officer with the material that the officer or other member requesting the review was given an opportunity to examine pursuant to subsection 45.19(3).

• Marginal note:Review of case

  (3) A discharge and demotion board shall, after due notice to the officer or other member requesting the review, review the case before it and for that purpose shall give to the officer or other member a full and ample opportunity, in person or by counsel or a representative, to appear before the board, to make representations to it, to present documentary evidence to it and, with leave of the board, to call witnesses.

• Marginal note:Idem

  (4) Subject to subsection (3), a discharge and demotion board may review the case before it in the absence of the officer or other member requesting the review.

• Marginal note:Testimony of member

  (5) Notwithstanding any other provision of this Part, the officer or other member who has requested a review of the officer’s or member’s case by a discharge and demotion board is not compelled to testify at any hearing before the board, but the officer or member may give evidence under oath and where the officer or member does so, subsections (8) and (9) apply to the officer or member.

• Marginal note:Representation of witnesses

  (6) A discharge and demotion board shall permit any person who gives evidence at any hearing before the board to be represented by counsel or a representative.

• Marginal note:Restriction

  (7) Notwithstanding section 45.21 but subject to subsection (8), a discharge and demotion board may not receive or accept any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence.

• Marginal note:Witness not excused from testifying

  (8) In a review by a discharge and demotion board, no witness shall be excused from answering any question relating to the case 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.

• Marginal note:Answer not receivable

  (9) Where the witness is a member, no answer or statement made in response to a question described in subsection (8) shall be used or receivable against the witness in any hearing under section 45.1 into an allegation of contravention of the Code of Conduct by the witness, other than a hearing into an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false.

• Marginal note:Adjournment

  (10) A discharge and demotion board may from time to time adjourn any hearing before the board.

• Marginal note:Hearing in private

  (11) Any hearing before a discharge and demotion board shall be held in private, except that

  • (a) while a child is testifying at the hearing, the child’s parent or guardian may attend the hearing; and

  • (b) when authorized by the board, a member may attend the hearing as an observer for the purpose of familiarizing the member with procedures under this Part.

• Marginal note:Evidence and representations to be recorded

  (12) All oral evidence and representations before a discharge and demotion board shall be recorded and, if a party to the review by the board makes a request under subsection 45.23(6) or the decision of the board is appealed under section 45.24, a transcript thereof shall be prepared.