Royal Canadian Mounted Police Act

Marginal note:Committee

• 35 (1) For the purposes of this section, the member or members conducting a hearing to inquire into a grievance are deemed to be the Committee.

• Marginal note:Notice

  (2) The Committee shall serve a notice in writing of the time and place appointed for a hearing on the parties.

• Marginal note:Sittings of Committee

  (3) Where a party wishes to appear before the Committee, the Committee shall sit at such place in Canada and at such time as may be fixed by the Committee, having regard to the convenience of the parties.

• Marginal note:Powers of Committee

  (4) The Committee has, in relation to the grievance before it, the powers conferred on a board of inquiry, in relation to the matter before it, by paragraphs 24.1(3)(a), (b) and (c).

• Marginal note:Rights of persons interested

  (5) The parties and any other person who satisfies the Committee that the person has a substantial and direct interest in a grievance before the Committee 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 at the hearing.

• Marginal note:Representation of witnesses

  (6) The Committee shall permit any person who gives evidence at a hearing to be represented by counsel or a representative.

• Marginal note:Restriction

  (7) Notwithstanding subsection (4) but subject to subsection (8), the Committee may not receive or accept any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence.

• Marginal note:Witness not excused from testifying

  (8) In a hearing, no witness shall be excused from answering any question relating to the grievance before the Committee when required to do so by the Committee 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

  (9) If the witness is a member, no answer or statement made in response to a question described in subsection (8) 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:Hearing in private

  (10) A hearing shall be held in private, except that

  • (a) while a child is testifying at the hearing, the child’s parent or guardian may attend the hearing; and

  • (b) when authorized by the Committee, a member may attend the hearing 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 the Committee shall, on the request of the person producing the document or thing, be released to the person within a reasonable time after completion of the Committee’s report.

• Marginal note:Expenses

  (12) Where the Committee sits at a place in Canada that is not the ordinary place of residence of a member whose grievance is before the Committee or of the member’s counsel or representative, that member, counsel or representative is entitled, in the discretion of the Committee, to receive such travel and living expenses incurred by the member, counsel or representative in appearing before the Committee as may be fixed by the Treasury Board.

• Marginal note:Report

  (13) On completion of a hearing, the Committee shall prepare and send to the parties and the Commissioner a report in writing setting out such findings and recommendations with respect to the grievance as the Committee sees fit.

• Definition of parties

  (14) In this section, parties means

  • (a) in respect of each type of grievance that is referred to the Committee under section 33, the person designated by the Commissioner for the purposes of this section and the member whose grievance has been referred to the Committee under section 33;

  • (b) in respect of a case of an appeal made under subsection 45.11(1) that is referred to the Committee under subsection 45.15(1), the member who is the subject of the decision of the conduct board and the conduct authority that initiated the hearing by that conduct board; and

  • (c) in respect of a case of an appeal made under subsection 45.11(3) that is referred to the Committee under subsection 45.15(1), the member making the appeal and the conduct authority who made the finding under appeal or who imposed the conduct measure under appeal.