Public Complaints and Review Commission Act — P-27.5 59
Hearing 59 (1) If the Commission decides, under section 51 or paragraph 57 (3)(c), to institute a hearing to inquire into a complaint, the Chairperson must assign one or more members of the Commission to conduct the hearing and must send a notice in writing of the decision to the Minister, the Commissioner or President, as the case may be, the complainant and the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint. Deeming (2) For the purposes of this section, the member or members of the Commission who are conducting the hearing are deemed to be the Commission. Definition of party (3) In this section, party means (a) the person designated by the Commissioner or President, as the case may be, for the purposes of this Part; (b) the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint; or (c) the complainant. Notice (4) The Commission must serve the parties with a notice in writing of the time and place set for the hearing. Sittings of Commission (5) The Commission may sit at any place in Canada and at any time that it may fix, taking into account the convenience of the parties who wish to appear before the Commission. Hearings in public (6) A hearing to inquire into a complaint must be held in public but the Commission, on its own initiative or at the request of any party or witness, may order a hearing or any part of a hearing to be held in camera or ex parte if it is of the opinion (a) that information that could reasonably be expected to be injurious to national security, national defence or international relations is likely to be disclosed during the course of the hearing; (b) that information that could reasonably be expected to be injurious to law enforcement is likely to be disclosed during the course of the hearing; (c) that information that could reasonably be expected to compromise or seriously hinder the administration or enforcement of program legislation or the investigation or prosecution of any offence is likely to be disclosed during the course of the hearing; (d) that information respecting a person’s financial or personal affairs, if that person’s interest or security outweighs the public’s interest in the information, is likely to be disclosed during the course of the hearing; (e) that information that could reasonably be expected to reveal privileged information , as defined in subsection 17 (1), is likely to be disclosed during the course of the hearing; (f) that information that could reasonably be expected to reveal information that is described in paragraph 20 (b), is likely to be disclosed during the course of the hearing; or (g) that it is otherwise required by the circumstances of the case. Rights of persons interested (7) The parties and the union representatives for the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint, and any other person who satisfies the Commission that they have a substantial and direct interest in a complaint before the Commission, must be allowed an opportunity, in person or by legal counsel, to present evidence, cross-examine witnesses and make representations at the hearing. Representation of witnesses (8) The Commission must permit any person who gives evidence at a hearing to be represented by legal counsel. Designated person (9) The person designated by the Commissioner or President, as the case may be, for the purposes of this Part may be represented or assisted at a hearing by any other person. Confidential communications (10) If the designated person referred to in subsection (9) is represented or assisted by another person, communications passing in confidence between them in relation to the hearing are, for the purposes of this Part, privileged as if they were communications passing in professional confidence between the designated person and their legal counsel. Expenses (11) If the Commission sits at a plac