GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 60
Statement or summary of anticipated evidence 60 (1) If Commission counsel determines that a person will be called as a witness following an interview, Commission counsel will provide the witness’ statement if one exists or prepare a summary of the witness’ anticipated evidence. Deadline anticipated evidence (2) Commission counsel must provide a statement or summary of anticipated evidence to parties and intervenors, subject to confidentiality orders, at least three days before the witness testifies. Contents of summary (3) The summary of the witness’s anticipated evidence must be in writing and contain the substance of the testimony of the witness, as well as a list of documents to which the witness may refer. List of documents (4) If a witness refuses to be interviewed by Commission counsel before testifying, if no statement is given or if, for any reason, no summary of anticipated evidence can be prepared, Commission counsel must, at least three days before that witness is to testify, provide the parties and intervenors with the list of documents that may be presented to the witness and must highlight the portions of the documents that relate to the witness’s anticipated evidence.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 61
Power to compel witnesses 61 At any time after a hearing is caused to be held under paragraph 250.4(1)(a) of the Act, but before sending its written report under to section 250.48 of the Act, the Complaints Commission may issue to a witness the form set out in Schedule 2, in accordance with paragraph 250.41(1)(a) of the Act.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 62
Obligation to provide interpreter 62 (1) If a witness does not understand the language in which their examination at the hearing is being conducted, or is deaf or mute, the Complaints Commission must provide them with the services of an interpreter. Notice (2) A person intending to call a witness during a hearing must, no later than 30 days before the day on which the hearing is to begin, provide notice to the Registrar if that witness will need the services of an interpreter.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 63
Orders 63 If the Complaints Commission orders that a hearing or any part of a hearing be held in private under section 250.42 of the Act, it may make any of the following orders: (a) that certain persons be excluded; (b) that certain persons be admitted on terms and conditions; (c) that restrictions be placed on the disclosure and publication of evidence, including the use of non-identifying initials and the redaction of transcripts and exhibits; (d) that restrictions be placed on public access to the Complaints Commission’s record, or that the Registrar maintain separate public and confidential records; and (e) that any other order that the Complaints Commission considers appropriate be made.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 64
Private hearings 64 (1) If a person believes that any information described in paragraph 250.42(a), (b) or (c) of the Act is likely to be disclosed, they may request that the Complaints Commission hold all or part of the hearing in private. Burden of proof (2) The person making the request bears the burden of establishing why it is necessary for the hearing to be private.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 65
Private consideration of request 65 (1) The Complaints Commission may convene in private to consider a request under section 64 . Public decision (2) After convening in private to consider the request under section 64 , the Complaints Commission must make its decision public. Contents of public decision (3) The public decision must set out the following in writing: (a) the criteria and principles applied in determining whether the information will be heard in private; (b) the general nature, to the extent possible, of any evidence that will be heard in private; and (c) the reasons for accepting or denying the request. Confidential reasons (4) The Complaints Commission may, in addition to its reasons referred to in paragraph (3)(c), issue confidential reasons, not available to the public, referring to specific evidence that it decided should be heard in private. If the Complaints Commission decides to issue confidential reasons, it must give reasons for its decision.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 66
Non-disclosure of information 66 (1) Subject to subsection (2), if a hearing or a part of a hearing is ordered to be held in private, no person may disclose, except to their representative or to another person who participates in or attends the hearing or the part of that hearing that was ordered to be held in private, (a) any information disclosed in the hearing or the part of the hearing that is held in private; or (b) the confidential reasons, if any, issued by the Complaints Commission. Order for disclosure (2) On the motion of a person, the Complaints Commission may make an order permitting a person to disclose any information referred to in subsection (1).
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 67
Testimony 67 All testimony before the Complaints Commission must be given under oath or solemn affirmation.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 68
Evidence by affidavit 68 The evidence of a witness or proof of a particular fact or document may be given by affidavit, unless the Complaints Commission orders otherwise, and the deponent must be made available for cross-examination, if required.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 69
Exclusion of witnesses 69 (1) The Complaints Commission may, on request or on its own motion, order that witnesses be excluded from the hearing until they are called to testify. No communication by excluded witnesses (2) No witness who has been excluded from a hearing may communicate with any person about any evidence or testimony that is given during the course of a hearing until after the witness has testified, except with the leave and on the direction of the Complaints Commission.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 70
Witness counsel 70 Witnesses may be represented by counsel.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 71
Sequence of examination 71 The sequence of examination in the ordinary course of a hearing is as follows: (a) Commission counsel leads the examination in chief of the witnesses, and may ask both leading and non-leading questions; (b) the parties may then cross-examine the witness in the order determined by the parties or, failing their agreement, by the Complaints Commission; (c) subject to the leave of the Commission, intervenors and counsel may cross-examine a witness; and (d) Commission counsel may re-examine the witness.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 72
Application to lead examination in chief 72 (1) A party, an intervenor, a witness or their counsel may apply to the Complaints Commission for leave to lead the examination in chief of a particular witness. Applicable rules (2) If leave to lead the examination in chief is granted, the examination must be governed by the normal rules for the examination of one’s own witness in court proceedings, unless the Complaints Commission directs otherwise.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 73
Limits 73 The Complaints Commission may reasonably limit further examination or cross-examination of a witness if it is satisfied that the examination or cross-examination has been sufficient to disclose fully and fairly all matters relevant to the issues in the proceeding.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 74
Commission questions 74 The Complaints Commission may question any witness who gives oral evidence.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 75
Communication with witnesses 75 Unless authorized by the Complaints Commission, no party, intervenor, witness or their counsel, may speak to a witness, after that witness has been sworn, affirmed or otherwise accepted as a witness, about the evidence that they have given or are expected to give until the evidence of that witness is complete.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 76
Intention to call witness 76 (1) A party must provide the Complaints Commission with 15 days’ notice of its intention to call a witness. Refusal to call witness (2) An intervenor or counsel for a witness may by motion, on 15 days’ notice, apply to the Complaints Commission for leave to call a witness whom the intervenor or counsel for a witness believes has evidence relevant to an issue, if Commission counsel has refused to call the witness.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 77
Statement 77 (1) If a party, intervenor or counsel for a witness calls a witness, they must provide Commission counsel, the parties and any intervenors who have an interest in the subject matter of the proposed evidence with the statement of that witness, at least five days before the witness is to testify. Written summary (2) In the absence of such a statement, the party, intervenor or counsel for the witness must, subject to any confidentiality orders, prepare and provide Commission counsel with a written summary of that witness’ anticipated evidence and a list of documents that may be put to the witness at least five days before the witness is to testify.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 78
Cross-examination — previous statement 78 (1) If a person uses a document for the purpose of contradicting a witness on cross-examination on previous statements, section 10 of the Canada Evidence Act applies, with any necessary modifications. List and copy of documents (2) Counsel or the person conducting the cross-examination must provide to the parties, Commission counsel, the witnesses and any intervenors who have an interest in the subject matter of the proposed evidence, not later than five days before the testimony of that witness begins, a list of documents that may be put to the witness and copies of those documents. Failure to produce document (3) If counsel or the person conducting the cross-examination fails to produce a document in accordance with subsection (2), the Complaints Commission may order that the document be produced to all parties, adjourn the proceedings if necessary or make any other suitable order to ensure fairness in the proceedings. Use of document for other purposes (4) If counsel or the person conducting the cross-examination wishes to use a document in cross-examination for any purpose other than to contradict the witness, that document must be produced in accordance with section 51 .
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 79
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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 80
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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 81
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. 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. 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. 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 82
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. Reading by the Commission (2) The Complaints Commission may read the expert report in advance of the testimony of the expert. Record (3) The report of an expert does not form part of the record unless it is received in evidence at the hearing.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 83
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. 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. Service of report (3) The Registrar must serve a copy of the report on every party and any intervenor. Record (4) The report does not form part of the record until it is received in evidence at the hearing. 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. 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 84
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. 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 85
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. 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.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 86
Application 86 These Rules apply only to proceedings commenced after these Rules come into effect.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 87
87 The Rules of Procedure for Hearings Before the Military Police Complaints Commission 1 are repealed. 1 SOR/2002-241
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — 88
Registration 88 These Rules come into force on the day on which they are registered.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022
I undertake to the Military Police Complaints Commission (Commission) that documents or information that are produced to me in connection with the Commission’s proceedings will not be used by me for any purpose other than for those proceedings. I undertake that I will not disclose any such documents or information to anyone other than the following persons provided that they have also given this written undertaking
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — (a)
FOR COUNSEL (a) the parties, intervenors or witnesses I represent in this proceeding; (b) counsel and staff assisting me in the proceeding; and (c) any experts retained in the proceeding.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — (a)
(a) the parties, intervenors or witnesses I represent in this proceeding;
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — (b)
(b) counsel and staff assisting me in the proceeding; and
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — (c)
(c) any experts retained in the proceeding.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — (a)
FOR NON-COUNSEL (a) my counsel; (b) any persons retained to assist me in the proceeding; and (c) any experts retained by me in the proceeding.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — (b)
(b) any persons retained to assist me in the proceeding; and
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — (c)
(c) any experts retained by me in the proceeding.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022
I understand that this undertaking ceases to apply once any such document or information has been entered as a public exhibit in the hearing, or to the extent that the Commission may release me from the undertaking with respect to any document or information.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022
I also understand that this undertaking applies only with respect to documents disclosed by the Commission and has no application with respect to documents or information that I already possess, or that I may obtain independently during the Commission’s proceedings, even if they are the same as some of the documents or information produced to me in connection with the Commission’s proceedings.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022
I further understand that the documents and information which remain subject to this undertaking at the end of the proceeding must be destroyed and
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — (a)
FOR COUNSEL, I undertake: (a) to destroy those documents or information (and any copies that I may have made) and to provide a certificate of destruction to the Commission or to return those documents to the Commission for destruction; and (b) to collect and destroy such documents or information (and any copies that I may have made) from anyone to whom I have disclosed any documents or information that were provided to me by the Commission in connection with the Commission’s proceedings, or to return those documents to the Commission.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — (a)
(a) to destroy those documents or information (and any copies that I may have made) and to provide a certificate of destruction to the Commission or to return those documents to the Commission for destruction; and
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — (b)
(b) to collect and destroy such documents or information (and any copies that I may have made) from anyone to whom I have disclosed any documents or information that were provided to me by the Commission in connection with the Commission’s proceedings, or to return those documents to the Commission.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — (a)
FOR NON-COUNSEL, I undertake: (a) to provide such documents or information to my counsel and understand that my counsel will destroy them; and (b) if I am not represented by counsel, to give to the Commission all documents and information provided to me by the Commission for the purposes of the proceeding (and any copies that I may have made).
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — (a)
(a) to provide such documents or information to my counsel and understand that my counsel will destroy them; and
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — (b)
(b) if I am not represented by counsel, to give to the Commission all documents and information provided to me by the Commission for the purposes of the proceeding (and any copies that I may have made).
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022
I undertake to safeguard the documents or information provided to me, including notes taken from or copies made of those documents or information, at all times.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022
If documents or information subject to this undertaking are lost or stolen or that here has been unauthorized access, I undertake to advise the Commission immediately. I agree to take whatever steps are necessary to mitigate the risks of improper disclosure of the documents or information.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022
You are required to attend before the Military Police Complaints Commission at a hearing to be held at ( address ), on ( day and date ), at ( time ), and so on from day to day until the hearing is concluded or the Commission otherwise orders, to give evidence under oath or solemn affirmation in respect of the hearing.
Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 — Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022
You are to bring with you and produce at that time and place any relevant documents or other things under your control, including: ( Specify the nature and date of each document or other material and give sufficient details in order to identify them ).