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

Regulations are current to 2023-01-11

PART 1General (continued)

Composition of Panel for Hearings (continued)

Absence, Incapacity or Vacancy

Marginal note:Absence, incapacity or vacancy

  •  (1) In the event of the absence or incapacity of a member of the panel or if a position on the panel is vacant, the hearing may continue with the remaining members of the panel or the Chairperson of the Complaints Commission may assign one or more additional members to the panel.

  • Marginal note:Single member

    (2) In the event of the absence or incapacity of the Chairperson of a panel composed of only one member, the Chairperson of the Complaints Commission may assign one or more members of the Complaints Commission to the panel to conduct the hearing.

  • Marginal note:Panel not void

    (3) The absence or incapacity of a member of the panel or the vacancy of a position on the panel does not invalidate the proceeding.

New Member

Marginal note:Assignment of new member

 If the Chairperson of the Complaints Commission assigns a new member under subsection 23(1) or (2), the following rules apply:

  • (a) the parties and intervenors must make submissions to the Chairperson of the Complaints Commission as to how the hearing should proceed; and

  • (b) the Chairperson of the Complaints Commission may, after considering the submissions and taking into account the interests of justice and the purpose of these Rules, establish the procedure for the hearing, including the rehearing of evidence or the use of transcripts of evidence given to date.

Decision Making

Marginal note:Majority of votes

 A matter before a panel is decided by a majority of the members, but in the case of a tie, the Chairperson of the panel has the deciding vote.

Interim or Preliminary Questions

Marginal note:Chairperson of panel or delegate

 The Chairperson of the panel or their delegate may, at any time during a proceeding, determine any interim or preliminary question, including a motion, and may exercise any powers of the Complaints Commission necessary to determine the question.

Questions To Be Determined

Marginal note:Question of law, jurisdiction, practice or procedure

 At any time during a proceeding, the Complaints Commission may determine any question of law, jurisdiction, practice or procedure and may stay a proceeding in whole or in part until the question is determined.

Marginal note:Reference to Federal Court

  •  (1) The Complaints Commission may, in accordance with section 18.3 of the Federal Courts Act, refer any question of law, of jurisdiction or of practice or procedure to the Federal Court for hearing and determination.

  • Marginal note:Powers of Commission

    (2) In the event of a reference to the Federal Court, the Complaints Commission may, subject to the direction of the Court,

    • (a) proceed to hear evidence relevant to all questions except those that have been referred to the Court; or

    • (b) stay the hearing as it relates to the questions that have been referred to the Court and reserve its decision pending the decision of the Court.

Practice Directions

Marginal note:Authority

  •  (1) The Complaints Commission may issue practice directions that are consistent with these Rules and their purpose.

  • Marginal note:Technology

    (2) The Complaints Commission may issue directions requiring the use of any electronic or digital means of communication, storage or retrieval of information or any technology that it considers appropriate to facilitate the conduct of a hearing or a case management conference.

Proceedings

Marginal note:Transcription or recording — proceedings

  •  (1) The Complaints Commission may transcribe or record its proceedings.

  • Marginal note:Record — proceedings

    (2) Any transcript or recording is a part of the record of the proceedings.

Accommodation

Marginal note:Notice to Registrar

 Any person requiring reasonable accommodation at a proceeding must, no later than 30 days before the day on which the proceeding is to begin, provide notice to the Registrar.

PART 2Pre-hearing Procedures

Hearings Respecting Similar Questions

Marginal note:Powers regarding similar questions

  •  (1) If two or more hearings before the Complaints Commission concern the same or similar questions, the Complaints Commission may

    • (a) combine the hearings or any part of them;

    • (b) hear the questions at the same time;

    • (c) hear the questions one immediately after the other; or

    • (d) stay one or more of the questions pending determination of one of them.

  • Marginal note:Orders regarding procedure

    (2) The Complaints Commission may make orders respecting the procedure to be followed with respect to hearings.

Case Management

Marginal note:Case management conferences

 The Complaints Commission may conduct one or more case management conferences, which will be presided over by a member of the panel that will conduct the hearing.

Marginal note:Directions regarding scheduling

 The Complaints Commission may issue directions with respect to the scheduling of case management conferences.

Marginal note:Directions regarding matters for consideration

  •  (1) The Complaints Commission may include in the directions referred to in section 34 a list of the matters to be considered at the case management conference and may require the filing of memoranda regarding any of those matters.

  • Marginal note:Matters to be considered

    (2) Matters to be considered include

    • (a) the dates, duration and location of the hearing;

    • (b) whether the hearing will be oral or written, or partly oral and partly written, and whether documents will be presented electronically or in paper format in the course of the hearing;

    • (c) any pending or anticipated motions and a deadline date for the hearing of motions;

    • (d) any issues of confidentiality;

    • (e) the identification, clarification, simplification and elimination of issues;

    • (f) the possibility of obtaining admissions of particular facts or documents, including an agreed statement of facts;

    • (g) the official language to be used for the hearing, as well as the official language in which each witness will testify, and the need for interpreters, if any;

    • (h) a timetable for the exchange or serving and filing of the various documents related to the hearing, including affidavits of documents, statements or summaries of anticipated evidence, joint briefs of authorities and agreed books of documents;

    • (i) any matter relating to pre-hearing disclosure;

    • (j) a timetable for the intervenors;

    • (k) all matters related to expert witnesses;

    • (l) the advisability of a pre-hearing reference or determination of a question or issue of law, of jurisdiction or of practice and procedure;

    • (m) any requirement for a notice of a constitutional question;

    • (n) a timetable for any subsequent case management conferences; and

    • (o) any other matters that may facilitate the conduct of the hearing.

Marginal note:Order

 After each case management conference, the Complaints Commission may issue an order in writing setting out any rulings it has made relating to the matters considered at the conference.

Marginal note:Firm requirements

  •  (1) The dates set and other requirements established by case management orders are firm.

  • Marginal note:Request for variation

    (2) A request for a variation must be made by motion showing that compelling reasons exist for the variation.

  • Marginal note:Powers of Commission

    (3) The Complaints Commission may vary any order made under subsection (2) if it is satisfied that compelling reasons exist for the variation.

Motions

Marginal note:Motions

 The procedure set out in sections 39 to 43 applies only to the following:

  • (a) a motion relating to the jurisdiction of the Complaints Commission;

  • (b) a motion to stay or dismiss a proceeding;

  • (c) a motion raising any constitutional questions, including questions raised under the Canadian Charter of Rights and Freedoms;

  • (d) a motion for a confidentiality order;

  • (e) a motion that a hearing or part of a hearing in a proceeding be held in private;

  • (f) a motion to prohibit a person from disclosing information disclosed in a hearing; and

  • (g) any other question that the Complaints Commission orders resolved by way of motion under sections 39 to 43.

Marginal note:Notice of motion

  •  (1) A motion is commenced by a written notice of motion setting out the grounds for the motion and the order sought.

  • Marginal note:Content

    (2) A notice of motion must be accompanied by any supporting affidavits.

Marginal note:Service of response

 Any Commission counsel, party or intervenor who has been served with a notice of motion may, no later than 14 days after being served, serve a response on the other parties and any intervenors, stating the grounds on which the motion is opposed and, if applicable, any supporting affidavits.

Marginal note:Evidence and memorandum

 No later than 14 days after the service of the response, the parties participating in the motion must serve on the other parties

  • (a) any supplementary evidence to be relied on; and

  • (b) a memorandum of fact and law.

Marginal note:Testimony by affidavit

  •  (1) Subject to subsection (2), testimony on a motion must be given by affidavit.

  • Marginal note:Oral testimony

    (2) The Complaints Commission may, before or during the hearing, grant leave for oral testimony in relation to an issue raised in the notice of motion and may, on application of any party with standing to cross-examine, permit cross-examination on affidavits.

Marginal note:Powers of Commission

 After hearing a motion, the Complaints Commission may

  • (a) make the order sought or any other suitable order;

  • (b) dismiss the motion, in whole or in part;

  • (c) adjourn the hearing of the motion, in whole or in part; or

  • (d) if the motion is heard prior to the commencement of the hearing on the merits of the proceeding to which the motion relates, adjourn the hearing of the motion so that the panel presiding at the hearing on the merits may determine it.

Intervention

Marginal note:Valuable contribution

 The Complaints Commission may allow a person to intervene if the Complaints Commission is satisfied that the person can make a significant contribution or bring a significant perspective to the hearing, and the potential benefits of the intervention outweigh any prejudice to the parties that might be caused by the intervention.

Marginal note:Motion

  •  (1) A motion for leave to intervene must be served on the parties and the intervenors along with an affidavit setting out the facts on which the motion is based.

  • Marginal note:Content

    (2) A motion for leave to intervene must set out

    • (a) the title of the proceedings in which the person making the motion wishes to intervene;

    • (b) the name and address of that person;

    • (c) a concise statement of the valuable contribution or perspective that the person will bring to the proceeding in light of the matters in issue in the hearing;

    • (d) the name of the party, if any, whose position that person intends to support;

    • (e) the official language to be used by that person at the hearing of the motion and, if leave is granted, at the hearing on the merits; and

    • (f) a description of how that person proposes to participate in the proceedings.

Marginal note:Response

 Commission counsel, a party or an intervenor served with a motion for leave to intervene may, within 14 days after that service, serve a response to the motion on the person making the motion and on the parties and intervenors.

Marginal note:Reply

 A person making a motion for leave to intervene may, within seven days after the service of the response referred to in section 46, serve a reply on the Commission Counsel, the parties and intervenors.

Marginal note:Joint submissions

 If two or more persons making a motion for leave to intervene have the same or substantially similar expertise or perspectives, the Complaints Commission may require them to file joint submissions, or otherwise participate jointly.

Marginal note:Powers of Commission

 The Complaints Commission may limit the participation of an intervenor to

  • (a) the cross-examination of witnesses;

  • (b) the right to lead evidence;

  • (c) the obligation to produce or disclose documents;

  • (d) one or more issues raised in the hearing;

  • (e) a portion of the hearing only;

  • (f) written submissions; and

  • (g) time-limited oral submissions.

Marginal note:Intervention allowed

 If a motion for leave to intervene is allowed,

  • (a) the Registrar must send to the intervenor a list of all documents filed in the proceedings before or on the day on which the motion for leave to intervene is allowed;

  • (b) on request, the intervenor may obtain copies of the documents on the list from the Registrar;

  • (c) Commission counsel, each party and each other intervenor must serve on the intervenor any document that is filed by them after the day on which the motion for leave to intervene is allowed; and

  • (d) access by an intervenor to a document filed or received in evidence is subject to any relevant confidentiality order of the Complaints Commission.

Production and Disclosure of Documents

Marginal note:Obligation of parties and intervenors

  •  (1) Parties and intervenors must provide to the Complaints Commission all documents that are in their possession, power or control and that are relevant to the subject matter of the hearing.

  • Marginal note:Confidentiality

    (2) If a party or intervenor claims that a document is confidential or contains confidential information, or is subject to privilege or protection under sections 37 to 39 of the Canada Evidence Act, that party or intervenor must present evidence in support of each claim.

  • Marginal note:Confidentiality ruling

    (3) The Complaints Commission may make a ruling on the confidentiality claim with respect to each document or piece of information, except claims for protection under sections 37 to 39 of the Canada Evidence Act, and may make such orders as it considers appropriate.

  • Marginal note:Failure to provide

    (4) Subject to section 77, no document or other piece of evidence that a party or intervenor seeks to use for the hearing will be received in evidence unless the party or intervenor provides copies to the Complaints Commission at least 30 days before the hearing commences.

 
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