Direction – Final Submissions

File No. MPCC 2008-042

MILITARY POLICE COMPLAINTS COMMISSION

IN THE MATTER OF a hearing before the Military Police Complaints Commission (MPCC), pursuant to subsection 250.38(1) of the National Defence Act, R.S.C. 1985, c. N-5, as amended, in connection with a complaint under section 250.18 of the National Defence Act, R.S.C. 1985, c. N-5, as amended, against Capt (N) (ret’d) S. Moore, LCol (ret’d) W.H. Garrick, Maj J.P.P. Kirschner, Maj B. Hudson, Maj J.T.M. Zybala, Maj R.R. Gribble, CWO B. Watson and Adjum J.Y. Girard.

DIRECTION

  1. The Commission has canvassed all parties concerning the timing and length of final submissions.
  2. The Complainants sought a date in late January for written submissions, but agreed that early January would be feasible if pressed. Counsel for seven of the subjects sought a hearing date during the week of December 20, 2010 for final submissions, with the attendant advance dates for filing written submissions, citing the requirement that hearings proceed expeditiously. Counsel for Capt (N) (ret’d) Moore acknowledged the merit of the Complainants’ position while also adopting the merit of proceeding as expeditiously as is reasonable.
  3. Counsel for seven of the subjects proposed a limit on written submissions of 50 pages. Counsel for the Complainant suggested there be no limit, but if it were imposed, suggested 100 pages. Counsel for Capt (N) (ret’d) Moore had no firm position on the length of written submissions.
  4. Parties are, understandably, not able to determine with pinpoint precision the length of time needed for oral submissions. Counsel for the complainants estimated 2 to 3 hours; counsel for Capt (N) (ret’d) Moore thought 1-2 hours, counsel for the other seven subjects thought she would not be inordinately lengthy but could be ½ to ¾ of a day.
  5. The parties suggested reserving two sitting days for the hearing of oral submissions. Dates were provided by all parties. We agree with this.
  6. Given the dates provided, there are few two-day periods of mutual availability We believe it is desirable to complete the oral submissions in a continuous period of sitting.
  7. As a result, having considered the submissions of all parties and considered the dates of availability submitted by the parties, we are setting the following timetable for written and oral submissions of all parties:

    1. The Parties shall file and serve written submissions and copies of authorities, by Monday, January 26, 2011 at 1600h. There will be no page limit on these submissions but we urge the parties to try not to exceed 100 pages.
    2. Oral submissions will be heard on Wednesday, February 2, 2011 and, if needed, Thursday, February 3, 2011 commencing at 9 a.m.  Complainants’ counsel will proceed first, followed by counsel for the seven subjects and counsel for Capt (N) (ret’d) Moore.

Date: November 5, 2010

__________________
Glenn Stannard

__________________
Roy Berlinquette

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