Under section 250.14 of the National Defence
Act (Act), the Military Police Complaints
Commission must handle all matters before it as quickly
and informally as fairness and circumstances allow.
Under the authority of section 250.15
and subsection 250.38 (1) of the Act, the Chairperson
is issuing a Practice Direction for virtual hearings
to allow oral evidence and representations to be obtained
virtually.
The definitions outlined in section 1 of
the Rules of Procedure for Hearings apply to
this Practice Direction, with the following additions:
Panel means the member or
members of the Military Police Complaints
Commission who are assigned by the Chairperson to conduct
a hearing pursuant to paragraphs 250.4(1)(a) of the Act.
Party means a complainant or a person
who is the subject of a complaint and any other person who satisfies
the Military Police Complaints Commission that they have a
substantial and direct interest in the hearing under section 250.44 of the
Act.
Participants means the
persons participating in the hearing, including the
parties who satisfy the Military Police Complaints Commission
that they have a substantial and direct interest in the hearing under
section 250.44 of the Act,
witnesses, intervenors and their counsel.
Public means members of the public who
are not participating in the hearing, including the press and media
outlets.
Virtual hearing means a hearing where
some or all participants appear before the Military
Police Complaints Commission by internet video connection or by phone
from various locations.
III. Application
The Military Police Complaints
Commission may adapt this Practice Direction, including to
accommodate the needs of participants, as required to
ensure that the procedures adopted for virtual hearings are appropriate to
their circumstances and trauma informed.
The Practice
Direction applies to those managing
and participating in the virtual hearing, including the
Registrar and the participants.
If a matter is not provided for in this Practice
Direction, the panel will determine the appropriate procedure to be
followed in each case.
The Military Police Complaints
Commission may issue case-specific instructions for the conduct
of virtual hearings and their participants.
IV. Private Hearings
Virtual hearings are public unless
the Military Police Complaints Commission orders
otherwise under section 250.42 of the Act.
If the Military Police Complaints Commission
orders that a hearing or any part of a hearing be held in private, access
to the virtual hearing will be limited or restricted
accordingly.
V. No Recording Allowed of Hearings
Participants and the public will not record
virtual hearings in any manner (audio, video, or still images).
VI. Documents
All documents to which participants intend to refer
to in a virtual hearing will be provided to the Military
Police Complaints Commission before the start of the
hearing.
Documents that have not been provided to the Military
Police Complaints Commission before the start of the
hearing will not be accepted as evidence unless
the panel directs otherwise.
When a hearing is convened, the Military Police
Complaints Commission will advise as to
the acceptable format
of electronic documents. Section 51 of the Rules of Procedure for Hearings states
that documents must be provided no later than 30 days
before the start of the hearing.
For ease of reference, the Military
Police Complaints Commission will compile the
record into a paginated, word-searchable, bookmarked file. This file
will be distributed to parties in advance of the virtual hearing. In
referring to documents during the virtual
hearing, parties will refer to documents within this
file by identifying the appropriate bookmark or page number.
Witnesses who are not parties may be provided a separate
paginated, word-searchable, bookmarked file with any documents relevant to
their testimony. In this case, parties will receive a copy
of any documents shared.
VII. Technical Requirements
The Registrar will provide all participants
with the necessary technical information to facilitate their attendance,
including software and hardware requirements, joining instructions,
and assistance with using the software and hardware when required.
For public hearings, the Military Police Complaints
Commission will provide joining instructions, including any necessary
hyperlinks, to participants and the public.
Once a virtual hearing is
scheduled, participants will confirm, within the timeline
indicated by the Registrar, that they have the necessary hardware,
software, and internet connectivity to allow them to participate.
Participants will familiarize themselves with the software
to be used during the hearing.
Every participant will be provided with a reasonable
opportunity to participate fully in the virtual
hearing. Should participants experience technical difficulties
or limitations, the Military Police Complaints
Commission will make every reasonable effort to accommodate
them.
Unless special circumstances apply, requests for
reasonable accommodation will be submitted no later
than 30 days before the start of the hearing, in accordance
with section 31 of the Rules of Procedure for Hearings.
The virtual hearing will be held in the official
language chosen by the complainant.
Participants will confirm to the Registrar which official
language they will speak during the virtual hearing to determine if
interpretation services are
required for all participants to understand and follow
the proceedings.
If connection to a virtual hearing is
lost, participants must attempt to reconnect. The
Registrar will contact the participants to provide instructions and
assistance. All participants will provide the Registrar
with up-to-date contact information
before the start of the virtual hearing.
If the connection cannot be re-established,
the Military Complaint Complaints
Commission will issue instructions on how to proceed. If
feasible, the hearing may continue by teleconference. Participants should
be prepared for this possibility.
VIII. Conduct of the Proceedings
Participants will silence cell phones and
other electronic devices to avoid any distributions
during the virtual hearing.
The public will ensure that their
microphones are muted throughout the entire virtual hearing.
Participants will ensure that they are seated
in a quiet environment, free of background noise, and in a
private, appropriate location.
Participants will, unless the Military
Police Complaints Commission grants permission to do so, keep
their camera on and not move away from the screen.
Participants will set an appropriate display
name (First name, Last Name, Rank/Position if appropriate), so
that they are clearly identified.
Unless addressing the Military Police Complaints
Commission or otherwise requested to
speak, participants will remain silent.
Participants will not address each other directly, except as
specifically directed by the Military Police Complaints
Commission.
During breaks, as much as
practicable, participants will mute their microphones and
turn off their cameras for the duration of the break, rather than
disconnecting from the session. At the appointed
time, participants will turn on their cameras to signal
that they have returned from break. The hearing will not resume until
every essential participant has turned on their camera at the end of the
break.
IX. Expenses
The holding of a virtual hearing is not expected to incur
travel and living expenses for the complainant or the person who is
the subject of the complaint or their counsel. In
exceptional circumstances, such expenses can be paid at the Military
Police Complaints Commission’s discretion in accordance with the
applicable Treasury Board’s directives, as per section 250.46 of the
Act.