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.