Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022

The Chairperson of the Military Police Complaints Commission, pursuant to section 250.15 of the National Defence Act, makes the annexed Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022.^notenoteOttawa, January 31, 2022La présidente par intérim de la Commission d’examen des plaintes concernant la police militaireBonita ThorntonInterim Chairperson of the Military Police Complaints Commission

Part 1 · General

Part 2 · Pre-hearing Procedures

Part 3 · Conduct of Hearings

Part 4 · Transitional Provision, Repeal and Coming into Force

Schedule 1 · Confidentiality Undertaking (Section 54)

FILE NUMBER STYLE OF CAUSE 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 undertakingFOR 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.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.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.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.I further understand that the documents and information which remain subject to this undertaking at the end of the proceeding must be destroyed andFOR 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.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).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.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.(signature of person giving undertaking) | (signature of witness) | (print name in block letters) | (print name in block letters) | (date) | (date) |

Schedule 2 · Summons to Witness (Section 61)

FILE NUMBER STYLE OF CAUSE NAME OF WITNESS ADDRESS 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.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).Date NOTEIf you fail to attend and give evidence at the hearing, or to produce the documents or things at the time and place specified, you are liable, under section 302 of the National Defence Act, to a fine of not more than $500 or to imprisonment for a term of not more than six months or to both.A person, other than an officer or non-commissioned member of the Canadian Forces or an officer or employee of the Department of National Defence, is entitled, under section 251.2 of the National Defence Act, at the discretion of the Military Police Complaints Commission, to receive payment of the same fees and allowances for attendance at the hearing as are paid for the attendance of a witness summoned to attend before the Federal Court.

Schedule 3 · Undertaking of Expert Witness (Paragraph 81(4)(d))

FILE NUMBER STYLE OF CAUSE 1 My name is (name in block letters of expert witness). I live in (city) in the (province/state) of , (country).2 I have been engaged by or on behalf of (name of person retaining expert) to provide evidence as an expert in relation to the above-noted proceeding.3 I acknowledge that it is my duty to provide evidence in relation to that hearing as follows:(a) to provide my opinion on evidence that is fair, objective and non-partisan;(b) to provide my opinion on evidence that is related only to matters that are within my area of expertise; and(c) to provide any additional assistance that the Complaints Commission may reasonably require to determine an issue.4 I acknowledge that the duty referred to above prevails over any obligation that I may owe to any party by whom or on whose behalf I am engaged.Date