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

Marginal note:Status of summary of anticipated evidence

79 A summary of anticipated evidence is not testimony and may not be referred to in the examination of the witness.

Witness Panels

Marginal note:Witness panels

80 The Complaints Commission may require that some or all of the witnesses testify as a panel at a time and in a manner determined by the Complaints Commission.

Expert Witnesses

Marginal note:Expert report

• 81 (1) If Commission counsel, a party or an intervenor intends to introduce the report evidence of an expert witness at the hearing, they must serve it on all parties and intervenors at least 60 days before the expert is scheduled to testify.

• Marginal note:Report in response

  (2) Commission counsel, a party or an intervenor may serve the report of an expert in response on all parties and intervenors, provided that it is served at least 30 days before the responding expert is scheduled to testify.

• Marginal note:Report in reply

  (3) Commission counsel, the party or the intervenor calling the expert may, at least 15 days before the expert is scheduled to testify, serve an expert report in reply on all parties and intervenors.

• Marginal note:Content of report

  (4) A report referred to in any of subsections (1) to (3) must include the following:

  • (a) a full statement of the evidence of the expert;

  • (b) the expert’s qualifications and areas in respect of which it is proposed that he or she be qualified as an expert;

  • (c) the sources and documents relied on in the report; and

  • (d) the form set out in Schedule 3, duly completed.

Marginal note:Expert report provided to the Registrar

• 82 (1) Unless otherwise ordered under section 36, a report referred to in section 81 must be filed at least 10 days before the expert is scheduled to testify.

• Marginal note:Reading by the Commission

  (2) The Complaints Commission may read the expert report in advance of the testimony of the expert.

• Marginal note:Record

  (3) The report of an expert does not form part of the record unless it is received in evidence at the hearing.

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.