Royal Canadian Mounted Police Act

Marginal note:Former judge or other individual

• 45.41 (1) If the Commissioner refuses access to privileged information sought by the Commission under subsection 45.4(2), the Minister shall, at the request of the Commission, appoint a former judge of a superior court of a province or the Federal Court or an individual who is a member of a prescribed category of individuals to review the information and make observations to the Commission and the Commissioner. In order to be appointed, the former judge or other individual shall obtain a security clearance from the Government of Canada and shall take the oath of secrecy referred to in paragraph 45.45(1)(a).

• Marginal note:Notice of appointment

  (2) The Minister shall provide notice to the Chairperson and the Commissioner when a former judge or other individual has been appointed in accordance with subsection (1). The Chairperson and the Commissioner shall make their representations to the former judge or other individual within 30 days after the day on which the notice is sent or within any longer period, not exceeding 60 days, that the former judge or other individual may permit.

• Marginal note:Former judge or other individual to have access

  (3) The former judge or other individual shall have access to privileged information for the purposes of the review.

• Marginal note:Observations

  (4) The former judge or other individual shall review the privileged information and provide his or her observations to the Chairperson and the Commissioner

  • (a) regarding the privileged nature of the information; and

  • (b) regarding the relevance and necessity of the information to the matter before the Commission.

• Marginal note:Prohibition

  (5) The former judge or other individual shall not include information that reveals privileged information or from which it may be inferred in the observations provided under subsection (4).

• Marginal note:Factors to consider

  (6) The former judge or other individual shall, before making any observations, consider the following factors:

  • (a) the reasons for which the Commission is seeking access to the information;

  • (b) the Commissioner’s reasons for refusing access to the information; and

  • (c) whether the Commission can properly exercise its powers or perform its duties and functions without access to the information.

• Marginal note:Time limit

  (7) The observations of the former judge or other individual shall be made within 30 days after the day on which the period referred to in subsection (2) expires or within any longer period, not exceeding 60 days, that the Minister permits.

• Marginal note:Confidentiality

  (8) The observations of the former judge or other individual are confidential and shall not be disclosed by the judge or other individual, the Commission or the Force, except to the Minister.

• Marginal note:Immunity and no summons

  (9) Section 45.5 applies to the former judge or other individual as if he or she were a member of the Commission.

• Marginal note:Observations to be taken into account

  (10) After receiving the observations of the former judge or other individual, the Chairperson shall review the Commission’s decision to seek access and the Commissioner shall review his or her decision to refuse access, taking those observations into account.

• Marginal note:Restriction

  (11) An application for judicial review shall not be made in connection with the Commission’s decision to seek access to privileged information, or the Commissioner’s refusal to allow access to privileged information, until the former judge or other individual has made his or her observations.

• Marginal note:Regulations

  (12) The Governor in Council may, by regulation, prescribe categories of individuals for the purposes of subsection (1).