P-13.1, r. 5 - Rules of evidence, procedure and practice of the Comité de déontologie policière

Full text
chapter P-13.1, r. 5
Rules of evidence, procedure and practice of the Comité de déontologie policière
POLICE ORGANIZATION — COMITÉ DE DÉONTOLOGIE — RULES OF EVIDENCE
Police Act
(chapter P-13.1, s. 237).
P-13.1
September 1 2012
Replaced, O.C. 357-2012, 2012 G.O. 2, 1140; eff 2012-05-03; see P-13.1, r. 2.1.
DIVISION I
GENERAL
1. These Rules apply to any review of a decision by the Police Ethics Commissioner made pursuant to section 168 or subparagraph 1 of the first paragraph of section 178 of the Police Act (chapter P-13.1) as well as any citation referred to in section 195 of the Act.
The purpose of these Rules is to ensure an expeditious and simple proceeding that respects the principles of natural justice and equality between the parties.
O.C. 908-92, s. 1.
2. Where the means for exercising a right has not been provided for, any proceeding not inconsistent with these Rules or the Act may be used.
O.C. 908-92, s. 2.
3. A party may be exonerated of its failure to respect a time period established by these Rules where it demonstrates to the Comité de déontologie policière that it was unable to act earlier and that the other party suffers no serious prejudice thereby.
O.C. 908-92, s. 3.
4. Service of a writing, including a subpoena, may be made by regular mail, by registered or certified mail, by bailiff or by any other means that proves the date of receipt.
Service may also be made by a public notice in the newspapers where circumstances so require, in particular when there is an interruption in postal service or it is impossible to locate a witness.
O.C. 908-92, s. 4.
5. In computing any time period, the last day is counted, but the day commencing the period is not counted.
If the last day of the time period is a day on which the offices of the ethics committee are closed or if an order has been made to perform an act on such a day, the time period shall be extended to the next day on which the offices are open and the act may be validly performed on that day.
O.C. 908-92, s. 5.
6. A party may, upon application to the clerk, withdraw an exhibit that it has filed in the record of the record office. Notwithstanding the foregoing, no such authorization may be granted where the matter is under advisement.
O.C. 908-92, s. 6.
7. The ethics committee may combine 2 or more citations, whether or not between the same parties, provided that the questions at issue are substantially the same or the matters involved can conveniently be combined.
O.C. 908-92, s. 7.
DIVISION II
REPRESENTATION
8. Where a person represents a party or ceases to represent a party, he shall immediately notify the ethics committee of that fact and indicate his name, position, address, telephone number and the name of the person represented.
Such notice may be given orally at the hearing.
O.C. 908-92, s. 8.
9. Where a party terminates the mandate of the person representing it, it shall immediately notify the ethics committee of that fact in writing.
Such notice may be given orally at the hearing.
O.C. 908-92, s. 9.
DIVISION III
MOTION
10. Any application in respect of a citation or review shall be made by means of a motion in writing filed at the record office and served on the opposite party.
O.C. 908-92, s. 10.
11. The motion shall contain:
(1)  the name and the address of the parties and their representatives, where applicable;
(2)  the ethics committee’s file number;
(3)  an account of the grounds invoked in support of the motion.
It shall be accompanied by the documents or exhibits invoked in its support.
O.C. 908-92, s. 11.
12. A motion may be made orally during the hearing.
O.C. 908-92, s. 12.
13. After hearing the parties’ representations concerning the motion, the ethics committee shall give its decision.
O.C. 908-92, s. 13.
14. Before the date fixed for the hearing, the ethics committee may hear a motion by means of a conference telephone call if the parties so agree.
O.C. 908-92, s. 14.
DIVISION IV
HEARING ROLL
15. The ethics committee shall keep a roll on which the citations and reviews are entered.
O.C. 908-92, s. 15.
16. Insofar as possible, the clerk shall prepare the roll according to the chronological order in which the applications for review and the citations are filed.
O.C. 908-92, s. 16.
17. A party may apply to have its case given priority on the roll.
O.C. 908-92, s. 17.
18. The ethics committee shall hold its hearings in Québec or in Montréal. It may also sit at such other place as it may determine.
O.C. 908-92, s. 18.
DIVISION V
POSTPONEMENT AND ADJOURNMENT
19. Of its own authority or upon application by a party, the ethics committee may, for serious and valid reasons, postpone a hearing or, subject to section 222 of the Act, adjourn it upon such conditions as it may determine.
O.C. 908-92, s. 19.
20. An application for a postponement shall be submitted as soon as the reason invoked therefor becomes known.
O.C. 908-92, s. 20.
21. No case shall be postponed on the sole fact of the consent of the parties.
O.C. 908-92, s. 21.
DIVISION VI
PRE-HEARING CONFERENCE
22. A pre-hearing conference may be held in the presence of the parties or by means of a conference telephone call, in particular for the purposes of:
(1)  identifying the questions to be argued at the hearing;
(2)  allowing or ordering any documentary evidence or report to be communicated before the hearing;
(3)  examining the possibility of admitting certain facts;
(4)  examining the possibilities of an agreement;
(5)  planning the conduct of the hearing.
O.C. 908-92, s. 22.
23. The agreements and the decisions made at the conference shall be reported in minutes approved by the member who is an advocate and signed by the parties.
The hearing before the ethics committee shall be governed by those agreements and decisions, unless the committee authorizes a derogation thereto in order to prevent an injustice.
O.C. 908-92, s. 23.
DIVISION VII
SUMMONING OF WITNESSES
24. A subpoena issued upon application by a party shall be served by that party at its own expense. The party shall be responsible for proving the date of receipt.
O.C. 908-92, s. 24.
25. A subpoena shall be served at least 3 clear days before the date of the hearing.
Notwithstanding the foregoing, where, in order to guarantee the presence of a witness at a hearing, it is impossible to comply with the 3-day time period, an ethics committee member may reduce the time period by entering a special order on the subpoena.
O.C. 908-92, s. 25.
DIVISION VIII
CONDUCT OF THE HEARING
26. A police officer or special constable who is the subject of an application for review or a citation shall appear before the committee unarmed, whether he is in civilian dress or in uniform.
O.C. 908-92, s. 26; O.C. 1380-95, s. 1.
27. The ethics committee may take down the testimony and the representations presented at the hearing by mechanical recording or by any other appropriate means.
O.C. 908-92, s. 27.
28. Any party may obtain, upon application in writing and at its own expense, a copy of the recording made by the ethics committee.
O.C. 908-92, s. 28.
29. The ethics committee or any person designated by the committee shall keep minutes of the hearing, containing:
(1)  the name of the committee members;
(2)  the date and location of the hearing and the time at which it began and ended;
(3)  the name of each party and its representative, where applicable, and the names of the witnesses heard;
(4)  identification of and the number assigned to the exhibits produced;
(5)  any decision given without rising;
(6)  any admission and agreement;
(7)  a statement of the fact that the matter was taken under advisement.
O.C. 908-92, s. 29.
30. The ethics committee may accept any evidence that it considers to be useful for the purposes of deciding the matters within its jurisdiction.
In that respect, it is not bound by the ordinary rules of evidence in civil matters.
Hearsay evidence is admissible provided that it offers reasonable guarantees of credibility and subject to the rules of natural justice.
O.C. 908-92, s. 30.
31. The ethics committee may, of its own authority or upon application by a party, order a witness to testify in the absence of the other witnesses.
O.C. 908-92, s. 31.
32. A witness shall take an oath before testifying.
O.C. 908-92, s. 32.
33. Section 225 of the Act conferring upon the ethics committee the powers of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37) shall be interpreted as conferring upon the ethics committee in particular the power:
(1)  to subpoena witnesses;
(2)  to order witnesses excluded;
(3)  to receive testimony from a child who does not understand the nature of the oath;
(4)  to compel any person present in the hearing room to testify;
(5)  to call upon the services of an interpreter.
O.C. 908-92, s. 33.
34. The ethics committee may visit a site in order to facilitate its understanding of a matter. Before making such a visit, it shall inform the parties and allow them to make the necessary representations and, if necessary, to be present during the visit.
O.C. 908-92, s. 34.
35. A party that is permitted to produce documents during a hearing shall remit a copy thereof to each of the ethics committee members, to the opposite party and to the clerk of the proceeding.
O.C. 908-92, s. 35.
36. A party may produce an expert’s report if, at least 15 days before the date fixed for the hearing, it files the report at the record office and remits a copy to the opposite party.
In such case the ethics committee shall ensure that the parties have an opportunity to be heard or to make their representations in respect of the report.
O.C. 908-92, s. 36.
37. Photography, filming, recording or radio or television broadcasting are prohibited in the hearing room.
O.C. 908-92, s. 37.
DIVISION IX
DECISION
38. The ethics committee shall base its decision on the evidence collected with the knowledge of the parties and in respect of which they have been given the opportunity to be heard or to make their representations.
O.C. 908-92, s. 38.
39. The ethics committee shall forward to the parties and allow them to comment upon or contest any document of a scientific or technical nature that has not been filed in the record and that it considers it must examine for the purposes of its decision.
O.C. 908-92, s. 39.
40. Where the ethics committee has taken a matter under advisement, it may, of its own authority or upon application by a party and until such time as it gives its decision, order the hearing reopened for such purposes and upon such conditions as it may determine, in particular to hear any evidence that it considers to be reliable and relevant or to ensure compliance with the rules of natural justice.
O.C. 908-92, s. 40.
41. Only the members of the ethics committee having sat at the hearing may participate in the decision and sign it.
O.C. 908-92, s. 41.
42. The ethics committee’s decision shall be recorded in the registers kept for that purpose at the records office.
The clerk shall keep the original of the decision and issue true copies to the parties.
O.C. 908-92, s. 42.
DIVISION X
LANGUAGE
43. Where a party makes its representations in a language other than French or English, it shall use the services of an interpreter at its own expense.
The interpreter shall take an oath.
O.C. 908-92, s. 43.
DIVISION XI
RECUSATION
44. A member of the ethics committee shall abstain from participating in a hearing and in a decision where there is a reasonable apprehension of bias that may result in particular from:
(1)  a conflict of interest;
(2)  personal, family or social relations with one of the parties;
(3)  public declarations or prior pronouncements of personal opinion related directly to the matter in question;
(4)  manifestations of hostility or favouritism toward a party.
O.C. 908-92, s. 44.
45. Any concern regarding a reasonable apprehension of bias on the part of a member of the ethics committee shall be raised at the beginning of the hearing or as soon as a party becomes aware of the circumstances that may entail such an apprehension.
O.C. 908-92, s. 45.
46. The parties may waive their right to apply for the recusation of a member of the ethics committee.
O.C. 908-92, s. 46.
47. Where a member of the ethics committee recuses himself or is recused, the hearing shall be postponed, unless it is held in the presence of another member.
O.C. 908-92, s. 47.
DIVISION XII
RECTIFICATION
48. The ethics committee may rectify a decision that it has given in order to correct an error in writing or computation or any other clerical error.
It may do so of its own authority or upon application by a party, so long as the decision is not under appeal.
An application for rectification suspends the execution of the decision and interrupts the appeal period until the parties have been advised of the committee’s decision.
O.C. 908-92, s. 48.
49. (Omitted).
O.C. 908-92, s. 49.
REFERENCES
O.C. 908-92, 1992 G.O. 2, 3189
O.C. 1380-95, 1995 G.O. 2, 3111