Military Police Complaints Hearing Rules

Summary#

The Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 set out how public-interest hearings by the Military Police Complaints Commission are run. They replace the old 2002 rules and took effect on January 31, 2022 (the day they were registered under the National Defence Act).

What it does#

• Updates the hearing process to allow electronic filing, service and records (PDF and other approved formats).
• Sets clearer timelines and notice periods for routine steps (for example, document disclosure 30 days before a hearing, expert reports 60 days and reply reports 15 days before testimony; notice to call a witness 15 days; witness statements or summaries 5 days before testimony).
• Creates formal case management meetings to schedule and narrow issues before hearings.
• Describes the role of Commission counsel and gives the Commission more explicit control over how hearings are run (including combining related hearings, limiting questions, and ordering private sessions).
• Lays out rules for joining as an intervenor, exchanging documents, claiming confidentiality and asking the Commission for confidentiality orders.
• Explains how witness interviews, summonses and expert evidence are handled (including a standard expert undertaking).
• Allows the Commission to vary the rules where fairness or efficiency requires it, and repeals the previous Rules of Procedure for Hearings Before the Military Police Complaints Commission (2002).

Who's affected#

• People who file complaints about the military police or who are the subject of those complaints.
• Members and units of the Canadian Armed Forces and the Department of National Defence when they are involved in complaints.
• Lawyers, witnesses and expert witnesses who take part in Public Interest Hearings.
• Potential intervenors and members of the public who follow or attend these hearings.
• The rules apply to hearings started after the rules came into force (see transitional rule).

Why it matters#

• The rules modernize and standardize how the Commission runs public-interest hearings. That can make hearings quicker, clearer and more accessible (for example, by using electronic filing).
• They aim to balance openness with protection of sensitive information through confidentiality orders and private sessions.
• People who are summoned and refuse to attend can face penalties under the National Defence Act (a fine of up to $500 or imprisonment for up to six months).
• Because the rules apply only to proceedings begun after they came into force, older or already-started cases may not be covered.