GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 18
Statement under oath or solemn affirmation 18 (1) A statement made under oath or solemn affirmation may be filed by electronic transmission if a scanned version of the statement is filed along with a document attesting to the following: (a) that the document sent by electronic transmission is an electronic version of a paper document that has been signed by the person making the oath or solemn affirmation; and (b) that the signed paper document is available and will be produced on the Complaints Commission’s request. Retaining document in paper format (2) The statement made under oath or solemn affirmation must be retained in paper format by the party or intervenor filing it for one year after the final report is issued. Production of the original (3) If the Complaints Commission requests to examine the original of the statement made under oath or solemn affirmation, the party or intervenor who filed it must produce the original signed document for review.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 19
Certified electronic copy 19 If a document is filed by electronic transmission and a copy certified by the Registrar or a person designated by the Registrar is requested from the Complaints Commission, the Registrar may provide a paper copy of the electronic document stamped “certified copy”.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 20
Official record of hearing 20 The Complaints Commission must keep, in the original and official record of a hearing, all documents in the format in which they were filed.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 21
Public consultation 21 (1) Subject to any confidentiality order made under section 55 , the public may consult, in a format determined by the Registrar, documents that have been received in evidence in the public record. Private hearings (2) Documents filed with the Complaints Commission in respect of a private hearing do not form part of the public record.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 22
Composition of panel 22 For the purposes of section 250.4 of the Act, the member or members of the Complaints Commission who are assigned by the Chairperson of the Complaints Commission make up the panel that is to hold hearings under subsection 250.38(1) of the Act.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 22.1
Designation of Chairperson 22.1 The Chairperson of the Complaints Commission must designate, from among the members of the panel, a person who will act as Chairperson of the panel and who will be responsible for the management of day-to-day business, including communications between the panel and the Complaints Commission and between the panel, parties and intervenors.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 23
Absence, incapacity or vacancy 23 (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. 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. 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 24
Assignment of new member 24 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 25
Majority of votes 25 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 26
Chairperson of panel or delegate 26 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 27
Question of law, jurisdiction, practice or procedure 27 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 28
Reference to Federal Court 28 (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. 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 29
Authority 29 (1) The Complaints Commission may issue practice directions that are consistent with these Rules and their purpose. 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 30
Transcription or recording — proceedings 30 (1) The Complaints Commission may transcribe or record its proceedings. Record — proceedings (2) Any transcript or recording is a part of the record of the proceedings.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 31
Notice to Registrar 31 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 32
Powers regarding similar questions 32 (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. Orders regarding procedure (2) The Complaints Commission may make orders respecting the procedure to be followed with respect to hearings.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 33
Case management conferences 33 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 34
Directions regarding scheduling 34 The Complaints Commission may issue directions with respect to the scheduling of case management conferences.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 35
Directions regarding matters for consideration 35 (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. 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 36
Order 36 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 37
Firm requirements 37 (1) The dates set and other requirements established by case management orders are firm. Request for variation (2) A request for a variation must be made by motion showing that compelling reasons exist for the variation. 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 38
Motions 38 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 .
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 39
Notice of motion 39 (1) A motion is commenced by a written notice of motion setting out the grounds for the motion and the order sought. Content (2) A notice of motion must be accompanied by any supporting affidavits.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 40
Service of response 40 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 41
Evidence and memorandum 41 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 42
Testimony by affidavit 42 (1) Subject to subsection (2), testimony on a motion must be given by affidavit. 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 43
Powers of Commission 43 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 44
Valuable contribution 44 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 45
Motion 45 (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. 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 46
Response 46 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 47
Reply 47 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 48
Joint submissions 48 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 49
Powers of Commission 49 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 50
Intervention allowed 50 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 51
Obligation of parties and intervenors 51 (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. 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. 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. 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 52
Continuing obligation to inform 52 Any party or intervenor who has filed documents with or produced documents to the Complaints Commission and then comes into possession or control of or obtains power over a relevant document, or who becomes aware that the disclosure is incomplete or that the information contained in those documents is inaccurate, must as soon as possible notify the Complaints Commission of the new documents, the incompleteness of the disclosure, or the inaccuracy of the information.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 53
Confidentiality of documents 53 Documents produced by a party, an intervenor or any other person must be treated as confidential by the Complaints Commission unless they are made part of the public record or the Complaints Commission determines otherwise.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 54
Undertakings 54 Before a party, an intervenor or a person who may be called as a witness is provided with a document that has not yet been introduced into evidence, the Complaints Commission may require that the party, intervenor, person and their counsel provide to the Complaints Commission the form set out in Schedule 1.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 55
Motion 55 The Complaints Commission may, on its own motion or on the motion of Commission counsel or a party or intervenor who has filed or will file a document, order that the document or information in the document be treated as confidential and may make any order that it considers appropriate.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 56
Contents of motion 56 Commission counsel, a party or an intervenor making a motion for an order of confidentiality must (a) include in the grounds for the motion details of the specific, direct harm that would allegedly result from unrestricted disclosure of the document or information; (b) include in the motion a draft confidentiality order that contains the following elements (i) a description of the document, the information or the category of documents or information for which the order is sought, (ii) the names of the persons or categories of person who are entitled to have access to the confidential document or information, (iii) the document, information or category of document or information available to the persons or categories of persons referred to in subparagraph (ii), (iv) any proposed confidentiality agreement that the persons referred to in subparagraph (ii) intend to sign and the provisions of that agreement, (v) the number of copies of confidential documents to be provided to the persons referred to in subparagraph (ii) and any limitations on subsequent reproduction of that document by those persons, and (vi) the procedures to be followed with respect to confidential documents once the hearing is completed.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 57
Filing without confidentiality order 57 A party, an intervenor or Commission counsel claiming confidentiality in a document to be filed that is not covered by a confidentiality order must (a) file a public version of the document that does not include the confidential information; (b) provide the Registrar with a version of the document marked “confidential” that (i) includes and identifies the confidential information referred to in paragraph (a) that has been deleted from the public version, (ii) identifies the nature of the claim to confidentiality, and (iii) does not include information for which protection is claimed under the Canada Evidence Act ; and (c) bring a motion under section 55 for an order allowing them to file the confidential version.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 58
Filing with confidentiality order 58 A party, an intervenor or Commission counsel who wishes to file a document containing information that is subject to a confidentiality order under section 55 must file a public version that does not include the confidential information and a confidential version with each page clearly marked “confidential” together with a reference to the date of the confidentiality order. The confidential material that has been deleted from the public version must be highlighted in the confidential version.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 59
Interview by Commission representative 59 (1) A Complaints Commission representative may interview persons who have information or documents that are likely to have a bearing on the subject matter of the hearing. Presence of counsel (2) Persons who are interviewed are entitled to have counsel present at their own expense.