Report of the Aboriginal Justice Inquiry of Manitoba
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RULES OF PROCEDURE
Rules of procedure used during the public hearings into the
Harper matter.
- All evidence will be presented by viva voce testimony and
the filing of relevant, admissible exhibits;
- When the viva voce evidence deals with opinion, general
attitudes or impressions, the strict rules of evidence will not apply;
- When the rights or liability of any individual might be
affected, the usual rules of evidence will be applied;
- All witnesses will be called and examined by Commission
counsel;
- 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;
- 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;
- 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;
- All witnesses may be re-examined by Commission counsel;
- 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;
- Some counsel may be granted full standing and will be
entitled to cross-examine all witnesses and make full argument;
- Other counsel or parties may be granted limited standing and
be entitled to deal with limited issues, or be entitled to argument only;
- 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;
- 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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