Royal Canadian Mounted Police Public Complaints Commission Rules of Practice (SOR/93-17)

15 A person that has been summoned in accordance with section 14, may, before appearing as a witness or at any other time, by motion request that the person receives payment of the fees and allowances that are payable to witnesses summoned before the Federal Court of Canada.

Interlocutory Motions

• 16 (1) A party or interested person may bring before the Commission, in writing or orally, any issue that arises during the proceedings.

• (2) A motion shall contain a clear and concise statement of the facts, the order sought and the grounds therefor.

• (3) A written motion shall be filed with the Registrar or, during the hearing, with the hearing process officer and shall be served on the parties and the interested persons to the proceedings.

• (4) A motion may be made orally during the hearing in accordance with the procedure established by the Commission.

• (5) A motion may be disposed of by the Commission in writing or orally.

Intervention

• 17 (1) A person who intends to satisfy the Commission that the person has a substantial and direct interest in a complaint shall file with the Commission

  • (a) a motion to intervene that is signed and dated by the person making the motion or by any other person on behalf of that person; and

  • (b) an affidavit as to the facts on which the motion is based.

• (2) A motion to intervene shall set out

  • (a) the style of cause of the proceedings in which the person filing the motion wishes to intervene;

  • (b) the name and address of the person filing the motion or the person signing the motion on behalf of that person;

  • (c) a concise statement of the matters in the proceedings that affect the person filing the motion;

  • (d) a concise statement of the facts on which the motion is based; and

  • (e) the official language that the person intends to use in the arguments in respect of the motion.

• (3) The Registrar shall serve, forthwith, a copy of a motion to intervene and the supporting affidavit on each of the parties and interested persons after the documents are filed with the Commission.

• 18 (1) A party or interested person who has been served with a copy of a motion to intervene and the supporting affidavit may, within fourteen days after the service or within such other period as the Commission may direct, file with the Commission a response to the motion dealing with the matters raised in the motion and stating whether the party or interested person intends to oppose the motion.

• (2) A copy of the response referred to in subsection (1) shall be served by the person who filed the response on the person making the motion and on all other parties and interested persons.

• 19 (1) A motion to intervene may be heard at any time, date and place fixed by the Commission, including at the time fixed for a conference or teleconference that is held in accordance with section 12.

• (2) The Registrar shall serve on the person who filed the motion, the parties and interested persons a notice of the time, date and place at which the motion shall be heard.

• 20 (1) Where the Commission grants or denies a motion to intervene, the Registrar shall serve on the parties, the interested persons and the person who filed the motion notice thereof.

• (2) Where a motion to intervene is granted,

  • (a) the Registrar shall serve on the interested person who filed the motion copies of the documents filed by the parties and the other interested persons prior to the granting of the motion; and

  • (b) each party and interested person shall serve on the interested person who has filed the motion, copies of all documents served on the day the motion is granted and thereafter.

Hearing in Private

• 21 (1) Where the Commission directs that a hearing or a portion thereof is to be held in private in accordance with subsection 45.45(11) of the Act, the hearing may be attended only by the following persons who complete and file Form 2 set out in the schedule:

  • (a) the parties, interested persons, counsel and authorized representatives of the parties and interested persons; and

  • (b) any other person that the Commission considers should be present.

• (2) Notwithstanding subsection (1), the required Commission staff, including stenographers and interpreters, may attend a hearing or portion thereof that is held in private.

• (3) Records with respect to the hearing or portion thereof that is held in private that are filed with the Commission shall be marked “Confidential/Confidentiel” and kept separate from the public record.

• (4) The Commission may authorize persons who have filed a Form 2 to make copies of the records referred to in subsection (3) and of the transcripts of the hearing or portion thereof that is held in private.

• (5) Where an expert witness is to testify at a hearing in private, the Commission may authorize, subject to any condition the Commission imposes, confidential information to be made available to that witness.

• (6) A person referred to in subsection (1) who is present at a hearing in private shall submit the person’s transcripts, notes, and any other records to the Commission at the conclusion of the arguments.

General

22 During normal business hours, the Commission shall make available to the parties and interested persons records filed in the course of the proceedings, other than a hearing in private, and shall permit the persons to make copies thereof.

23 The Commission may, in the interests of justice, adjourn any hearing for such time, date and to such place and on such terms as the Commission considers advisable.

24 No portion of the proceedings is invalid by reason of an irregularity in form or procedure.