1 [Repealed, SOR/2002-372, s. 2]

Interpretation

2 In these Rules,

Act

Act means the Royal Canadian Mounted Police Act; (Loi)

hearing

hearing includes a review conducted by a discharge and demotion board and an inquiry held by a board of inquiry; (audience)

registrar

registrar means a registrar of a board. (greffier)

Application

3 These Rules apply in respect of

• (a) a board of inquiry appointed by the Commissioner under section 24.1 of the Act;

• (b) an adjudication board whose members are appointed under section 43 or 44 of the Act; and

• (c) a discharge and demotion board whose members are appointed under section 45.2 of the Act.

General

4 Where any matter arises during the course of proceedings before a board, not otherwise provided for in these Rules, the board may take whatever steps it considers necessary to settle the matter.

5 Non-compliance with any of these Rules shall not render any proceedings void unless a board so directs, but the proceedings may be set aside, either wholly or in part, as irregular and may be amended or otherwise dealt with in such manner and on such terms as, in the opinion of the board, the circumstances of the case require.

Summons

• 6 (1) Any party requiring the attendance of a witness at a hearing shall forward the name of the proposed witness to the registrar who shall issue a summons on behalf of the board.

• (2) Where a summons is served, proof of service shall be submitted to the registrar.

• (3) A summons continues to have effect until the conclusion of the hearing at which the attendance of the witness is required or until the witness is dismissed by the board.

7 Service on a child shall be effected by personal service

• (a) on an adult who resides with the child; or

• (b) on the child, if so authorized by the chairman of a board.

Exhibits

8 Exhibits received by a board shall remain in the custody or control of the registrar or other person specified by the board

• (a) until the time for the taking of an appeal has expired; or

• (b) where an appeal has been taken, until the disposition of the appeal.

• 9 (1) Subject to subsection (2), where an appeal has been disposed of or the time for appealing has expired, the chairman of a board shall cause the registrar to return the exhibits referred to in section 8 to the parties who tendered the exhibits in evidence.

• (2) Where an appeal referred to in subsection (1) is allowed and a new hearing ordered under paragraph 45.16(2)(b) or 45.26(2)(b) of the Act, the exhibits shall be transmitted to the board appointed to conduct the new hearing.

Admissions

10 The parties may admit any fact for the purpose of dispensing with proof thereof.

Intervention

• 11 (1) Any person who seeks standing before a board appointed pursuant to subsection 24.1(1) of the Act, who claims to have a substantial and direct interest in the subject-matter of a hearing, shall file with the registrar a Notice of Intervention not later than 14 days before the date of the hearing.

• (2) A Notice of Intervention shall

  • (a) describe the interest of the intervenor;

  • (b) contain a clear and concise statement of the facts and grounds on which the intervenor bases the application;

  • (c) state whether the intervenor intends to appear at the hearing;

  • (d) state the full name, address and telephone number of the intervenor or the intervenor’s agent; and

  • (e) be signed by the intervenor or the intervenor’s agent.

• (3) A board shall consider the Notice of Intervention and determine whether, in the opinion of the board, it is desirable in the interests of justice that the intervenor be granted standing at the hearing.

• (4) The registrar shall notify the intervenor of the decision of the board with respect to the Notice of Intervention.

• (5) Where an intervenor has been granted standing at a hearing, all parties shall be given a copy of the Notice of Intervention and a copy of the decision of the board in respect thereof.

Attendance of Board Members

12 All board members shall be present during the course of a hearing.

Hearing

• 13 (1) Where allegations of contraventions of the Code of Conduct are made against a member, and where the interests of justice so require, a board may direct that separate hearings be held on one or more of the alleged contraventions.

• (2) Where allegations of contraventions of the Code of Conduct are made against two or more members, and where the interests of justice so require, a board may direct that separate hearings for each member be held on the alleged contraventions.

• 14 (1) Where a member whose conduct is the subject of a hearing has been notified of the date, time and place of the hearing and fails to attend without reasonable cause, the member shall be deemed to waive the right to be present at the hearing and the board may proceed ex parte to hear and determine the matter in the absence of that member.

• (2) Notwithstanding subsection (1), where the board proceeds to hold the hearing in the member’s absence, the member may, at any time before the end of the hearing, notify the registrar of the intention of the member to attend the hearing and, in the event of that notification, the board shall permit the member to be present at the hearing.

Pleas

• 15 (1) Where, pursuant to subsection 45.1(4) of the Act, a member makes an admission to one or more alleged contraventions, a board may request the parties to prepare an agreed statement of facts.

• (2) Where the parties cannot agree on a statement of facts, the representative of the appropriate officer shall prove the facts in dispute.

16 Where a board accepts an admission to an allegation contained in a Notice of Hearing, it may at any time during the proceedings direct that the admission be changed to a denial of the allegation.

17 A member whose conduct is the subject of a hearing may, before the board makes its final decision, change the member’s denial to an admission.

Evidence

18 All testimony given before a board shall be given under oath or affirmation.

19 A board may make such orders or give such directions in the proceedings before it as it considers proper to prevent abuse of its process.

20 A party may not examine more than three expert witnesses without leave of the board.

21 Any party intending to call an expert as a witness at a hearing before an adjudication board or a discharge and demotion board, concerning a matter at issue, shall serve the other party, not less than thirty days before the commencement of the hearing, with a report, in respect of the matter, by the expert that sets out the name, address and qualifications of the expert and includes

• (a) the observations of the expert;

• (b) the results of any tests carried out;

• (c) the conclusions of the expert; and

• (d) in the case of a medical expert, the expert’s diagnosis and prognosis.

22 The representative of an appropriate officer may, at a review of an officer’s or other member’s case by a discharge and demotion board,

• (a) make representations;

• (b) present documentary evidence in response to the officer’s or other member’s case; or

• (c) cross-examine or call witnesses in response to the officer’s or other member’s case.

Decision

23 Where a board decides that one or more of the alleged contraventions of the Code of Conduct have been established, the parties may make representations and present evidence to the board with respect to the issue of the sanction to be imposed.

24 A decision of a majority of the members of a board shall constitute the decision of the board.

25 The final decision of a board shall include any dissenting opinion.

26 On the conclusion of an inquiry held pursuant to subsection 24.1(1) of the Act, a board shall report in writing its findings and recommendations to the member whose conduct was investigated.