The Death of John Joseph Harper

The Aboriginal Justice Implementation Commission


Appendix III

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Rules of procedure used during the public hearings into the Harper matter.

  1. All evidence will be presented by viva voce testimony and the filing of relevant, admissible exhibits;
  2. When the viva voce evidence deals with opinion, general attitudes or impressions, the strict rules of evidence will not apply;
  3. When the rights or liability of any individual might be affected, the usual rules of evidence will be applied;
  4. All witnesses will be called and examined by Commission counsel;
  5. If counsel representing groups or individuals granted full or limited standing wish a witness to testify, then that counsel will request Commission counsel to call the witness;
  6. If Commission counsel calls such a witness at the request of counsel for a group or individual, that witness will be examined by Commission counsel and thereafter may be cross-examined by all other counsel granted full standing;
  7. If Commission counsel decline to call a witness at the request of counsel for a group or individual, that decision may be subject to review by the Commissioners;
  8. All witnesses may be re-examined by Commission counsel;
  9. Any witness called to testify before the Commission is entitled to be represented by counsel while testifying, but counsel for that witness may not necessarily be permitted to cross-examine or otherwise question that witness or any other witness;
  10. Some counsel may be granted full standing and will be entitled to cross-examine all witnesses and make full argument;
  11. Other counsel or parties may be granted limited standing and be entitled to deal with limited issues, or be entitled to argument only;
  12. If a number of individuals or organizations apply for standing, and the interests of several appear similar, standing may be granted to more than one of those individuals or organizations, but subject to the requirement of representation by one counsel who will be entitled to participate fully, or on a limited basis, as the Commissioners may direct;
  13. In the event the matter of Regina vs. Dwayne Archie Johnston is still pending before any court, the hearing in respect of Helen Betty Osborne will be postponed pending the final determination of that case.
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