Royal Canadian Mounted Police Act

Marginal note:Board of Inquiry

• 24.1 (1) The Minister or the Commissioner may appoint such persons as the Minister or Commissioner considers appropriate as a board of inquiry to investigate and report on any matter connected with the organization, training, conduct, performance of duties, discipline, efficiency, administration or government of the Force or affecting any member or other person appointed or employed under the authority of this Act.

• Marginal note:Clarification

  (1.1) For greater certainty, the power to appoint under subsection (1) includes the power to appoint all or any of the members of the Commission.

• Marginal note:Matter to be investigated

  (2) Where the Minister or the Commissioner appoints a board of inquiry under subsection (1), the Minister or Commissioner shall specify in writing the matter that the board is to investigate and report on.

• Marginal note:Powers of board of inquiry

  (3) A board of inquiry has, in relation to the matter before it, power

  • (a) to summon any person before the board and to require that person to give oral or written evidence on oath and to produce such documents and things under that person’s control as the board deems requisite to the full investigation and consideration of that matter;

  • (b) to administer oaths;

  • (c) to receive and accept on oath or by affidavit such evidence and other information as the board sees fit, whether or not such evidence or information is or would be admissible in a court of law; and

  • (d) to make such examination of records and such inquiries as the board deems necessary.

• Marginal note:Rights of persons interested

  (4) Any person whose conduct or affairs are being investigated by a board of inquiry or who satisfies a board of inquiry that the person has a substantial and direct interest in the matter before the board shall be afforded a full and ample opportunity, in person or by counsel or a representative, to present evidence, to cross-examine witnesses and to make representations before the board.

• Marginal note:Representation of witnesses

  (5) A board of inquiry shall permit any person who gives evidence in the investigation by the board to be represented by counsel or a representative.

• Marginal note:Restriction

  (6) Notwithstanding subsection (3), a board of inquiry may not receive or accept in an investigation

  • (a) subject to subsection (7), any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence;

  • (b) any answer or statement made in response to a question described in subsection 35(8), 40(2), 45.1(5) or 45.65(2);

  • (c) any answer or statement made in response to a question described in subsection (7) before any other board of inquiry appointed under this section; or

  • (d) any answer or statement made in the course of attempting to informally dispose of or resolve a complaint made under Part VII or VII.2.

• Marginal note:Witness not excused from testifying

  (7) In an investigation by a board of inquiry, no witness shall be excused from answering any question relating to the matter before the board when required to do so by the board on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty.

• Marginal note:Answer not receivable

  (8) If the witness is a member, no answer or statement made in response to a question described in subsection (7) shall be used or receivable against the witness under any proceeding under Part IV, other than a proceeding regarding an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false.

• Marginal note:Investigation and hearing in private

  (9) Unless the Minister or the Commissioner directs otherwise, an investigation and any hearing by a board of inquiry appointed by the Minister or Commissioner, as the case may be, shall be conducted in private.

• Marginal note:Exception

  (10) Notwithstanding subsection (9),

  • (a) while a child is testifying in an investigation or at a hearing by a board of inquiry, the child’s parent or guardian may be present; and

  • (b) when authorized by a board of inquiry, a member may attend a hearing before the board as an observer for the purpose of familiarizing the member with procedures under this section.

• Marginal note:Return of documents, etc.

  (11) Any document or thing produced pursuant to this section to a board of inquiry shall, on the request of the person producing the document or thing, be released to that person within a reasonable time after completion of the board’s investigation and report.