RULES OF PRACTICE AND PROCEDURE

GENERAL

1. By Order in Council 2020-0822 and Order in Council 2020-293, the Government

of Canada and the Government of Nova Scotia established an independent
public inquiry to examine the April 18-19, 2020 mass casualty in Nova Scotia and
to provide meaningful recommendations to help protect Canadians in the future
(the “Mass Casualty Commission”, the “Commission”, or the “Inquiry”). Subject to
the Orders in Council, the federal Inquiries Act, RSC, 1985, c I-11 and the Nova
Scotia Public Inquiries Act RSNS 1989 c 372, the Commission has the power to
control its own processes and make rules governing its practice and procedure.

2. These Rules of Practice and Procedure (the “Rules”) apply to the Mass Casualty
Commission. The Commission process will utilize a range of activities and
provide various opportunities for public engagement. These Rules however are
designed to guide the public proceedings of the Inquiry.

3. In the Ruling on Participation released on May 13, 2021 and the addendum
released on June 25, 2021, the Commissioners identified those who can
participate in the proceedings of the Commission (the “Participants”). On June
16, 2021, the Commissioners provided the Participants with copies of the draft
Rules of Practice and Procedure and invited them to provide written comments
on the draft Rules by July 5, 2021.

4. After considering the Participants’ comments and suggestions, the

Commissioners finalized the Rules of Practice and Procedure and made them
public by posting them on the Commission’s website.
5. All Participants, witnesses, and their lawyers or representatives are bound by the
Rules of Practice and Procedure, and may raise any issues of non -compliance
they cannot first resolve in consultation with Commission Counsel with the
Commissioners.

6. The Commissioners may deal with non-compliance with the Rules of Practice
and Procedure as they deem appropriate.

7. The Commissioners may amend, supplement, vary, or depart from any rule as
they deem necessary to ensure the Commission is thorough, fair, and timely.

8. The Commissioners may make such orders or give such directions as they
consider proper to maintain order and to prevent the abuse of the Commission’s
process.

9. In these Rules, “persons” refers to individuals, groups, governments, agencies,

institutions or other entities.

10. The Commission encourages anyone who may have information helpful to the
Mass Casualty Commission, including documents and the names of witnesses,
to provide this information as soon as possible to Commission Counsel.

11. The Commission will utilize a range of proceedings in order to fulfill its mandate.
Public proceedings may include community meetings, expert, institutional or
policy roundtables, witness panels, or hearings.

12. The Commission will publish the times, dates and locations of the public
proceedings.

13. Public proceedings will be webcast. A webcast of all public proceedings will be
posted to the Commission website and public hearings will be transcribed. As

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 required by the Orders in Council, public proceedings will be accessible
simultaneously in both official languages.

14. The use of television cameras or other electronic or photographic equipment in

the room during public proceedings will be permitted at the discretion of the
Commissioners.

DOCUMENT

15. The term “documents” is intended to have a broad meaning and includes the
following: written, electronic, audio, video, or digital productions; photographs;
maps; graphs; and any data and information recorded or stored by means of
any device.
Production

16. Copies of all relevant documents are to be produced to the Commission by all
Participants at the earliest opportunity and shall certify in writing that this
obligation has been complied with. Production to the Commission will not be
treated as a waiver of any claim to privilege that a Participant may wish to assert.
Participants are, however, requested to identify to the Commission, within a
reasonable time period, any documents over which they intend to assert a claim
of privilege.

17. Originals of relevant documents are to be provided to Commission Counsel upon

request.

18. Documents received from a Participant, or any other entity or individual, shall be
treated as confidential by the Commission unless and until they are made part of
the public record or the Commissioners otherwise declare. This does not
preclude the Commission from producing a document to a proposed witness prior
to the witness giving her or his testimony, as part of the investigation being

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 conducted or to Participants upon them signing an undertaking as set out in Rule
20.

Privilege

19. Where a Participant objects to the production of any document on the grounds
of privilege, a true copy of the document will be produced in an unedited form to
Commission Counsel who will review and determine the validity of the privilege
claim. In the event the Participant claiming privilege disagrees with Commission
Counsel’s determination, the Commissioners, on application, may inspect the
impugned document(s) and make a ruling.

Disclosure

20. Lawyers for Participants, self-represented Participants and witnesses will be

provided access to documents and information, including statements of
anticipated evidence, only upon providing a written undertaking that all such
documents or information will be used solely for the purpose of the Commission.
The Commission may require that documents provided, and all copies made, be
returned to the Commission if not tendered in evidence. No such information or
documents shall be made public until entered as evidence at the Commission.

21. Lawyers are entitled to provide such documents or information to their

respective clients only on terms consistent with the undertakings given, and
upon clients entering into written undertakings to the same effect.

22. The Commission orders that each person who has entered into a written
undertaking as set out in Rule 20 and 21 comply with its terms. Failure to do so
will be a breach of an order of the Commission.

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 23. The Commission may, upon application, release any Participant in whole or in
part from the provisions of the undertaking in respect of any particular document
or other information.

24. These undertakings will be of no force or effect once the documents or

information are entered into the public record.

EVIDENCE

Admissibility of Evidence

25. The Commissioners can receive any evidence they consider to be relevant and
helpful in fulfilling the mandate of the Inquiry.

Foundational Documentation

26. Commission Counsel may prepare Foundational Documentation to facilitate

streamlining of the Commission’s oral proceedings.

27. Foundational Documentation may contain core or background facts, together

with their sources. Foundational Documentation objectively summarizes a large
volume of documents to allow facts to be placed in evidence without requiring
each document to be presented orally by a witness during a public hearing.
Foundational Documentation may be presented by various methods, including
audiovisual presentation. Foundational Documentation may include, for
example, affidavits, maps, timelines, policies, procedures and documents from
relevant past proceedings.

28. In advance of the filing of Foundational Documentation as evidence,

Commission Counsel will provide an opportunity to the Participants, to the
extent of their interest as determined by the Commissioners, to comment on the
accuracy of the Foundational Documentation. Commission Counsel may modify

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 the Foundational Documentation in response. To the extent of their interest as
determined by the Commissioners, Participants may also propose witnesses to
support, challenge, comment on, or supplement the Foundational
Documentation in ways that are likely to significantly contribute to an
understanding of the issues relevant to the mandate of the Commission.

29. Once final, Foundational Documentation can be entered into evidence without
the necessity of being introduced into evidence through oral testimony of a
witness.

30. After entered into evidence, Foundational Documentation will be posted on the
Commission website.

Affidavits

31. Commission Counsel and a witness or their lawyer may prepare an affidavit of
the witness’ evidence. At the Commissioners’ discretion, the affidavit can be
admitted into evidence in place of part or all of the individual’s oral testimony.

COMMISSION PROCEEDINGS

32. Anyone interviewed by or on behalf of Commission Counsel is entitled, but not

required, to have their lawyer present for the interview to represent his or her
interests.

33. Participants are encouraged to provide to Commission Counsel the names and
addresses of persons having information relevant to the mandate of the
Commission, and to provide to Commission Counsel copies of all relevant
documentation at the earliest opportun ity.

34. Persons may participate in more than one public proceeding.

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35. If special arrangements are desired by a person in order to facilitate their
participation in a public proceeding, a request for accommodation shall be made
to the Commission sufficiently in advance of the person’s participation. While the
Commission will make reasonable efforts to accommodate such requests, the
Commissioners retain the discretion to determine whether, and to what extent,
such requests will be accommodated.

Witnesses in Hearings

36. Commission Counsel have the discretion to refuse to call or present evidence.

37. After Commission Counsel indicate to the Participants the witnesses they intend
to call in relation to a particular issue, a Participant may apply to the
Commissioners for leave to call other witnesses whom the Participant believes
has evidence relevant to that issue. If the Commissioners are satisfied that the
evidence of the witness is needed, Commission Counsel shall call that witness.

38. The Commission will hear evidence from each witness pursuant to a subpoena.

39. Witnesses will give their evidence under oath or a promise to tell the truth which
may be accompanied by another form of conscience binding symbol.

40. Witnesses may be called more than once.

41. Witnesses who are not represented by a lawyer for Participants are entitled to
be represented by their lawyer while they testify.

42. The Commission will rely, whenever possible, on representative witnesses on

behalf of institutions. A representative witness is typically a senior official of an
institution, and/or an expert in the subject area and procedures, designated to
appear on behalf of their institution.

43. If special arrangements are desired by a witness in order to facilitate their

testimony, a request for accommodation shall be made to the Commission

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 sufficiently in advance of the witness’ scheduled appearance to reasonably
facilitate such requests. While the Commission will make reasonable efforts to
accommodate such requests, the Commissioners retain the ultimate discretion
as to whether, and to what extent, such requests will be accommodated.

44. The Commissioners, in their discretion and in appropriate circumstances, may

conduct proceedings in private (“in camera”). The Commissioners may do so
when they are of the opinion that matters may be disclosed (for example,
matters regarding public security, or of an intimate personal nature), that are of
such a nature, having regard to the circumstances, that the desirability of
avoiding disclosure outweighs the desirability of adhering to the general
principle that the proceedings should be open to the public. A summary of in
camera proceedings will form part of the Commission record.

Documents in Proceedings

45. Commission Counsel will provide relevant documents for public proceedings in
advance to Participants. Participants will have the opportunity to provide
additional relevant documents to Commission Counsel.

Documents in Hearings

46. In advance of a witness’s testimony, Commission Counsel shall provide the

Participants with reasonable notice of a list of the documents associated with
the witness’s anticipated evidence in chief. Where possible, in advance of a
witness’s testimony, Commission Counsel shall provide the Participants with an
anticipated evidence statement or witness interview summary.

47. Neither Participants nor Commission Counsel will be entitled to question a

witness on any anticipated evidence statement or witness interview summary
that may be provided, except with leave of the Commissioners. Participants
shall at the earliest opportunity provide Commission Counsel with any

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 documents that they intend to file as exhibits or otherwise refer to during the
proceedings, and in any event shall provide such documents no later than the
day before the document will be referred to or filed.

48. For the purpose of these Rules, the Commissioners will have discretion to
determine what constitutes “reasonable notice” or “at the earliest opportunity” in
all of the circumstances.

49. The Commissioners may grant Commission Counsel or a lawyer for a

Participant or witness leave to introduce a document to the witness at any point
during the proceeding upon such terms as are just and fair.

Order of Examination in Hearings

50. In the ordinary course, Commission Counsel will call and question witnesses
who give evidence at Commission hearings. Except as otherwise directed by the
Commissioners, Commission Counsel may adduce evidence by way of leading
and non-leading questions.

51. Commission Counsel has the right to re-examine any witness at the conclusion
of their evidence.

52. Participants may have an opportunity to question the witnesses, to the extent of
their interest as determined by the Commissioners. Subject to direction from the
Commissioners, Commission Counsel will determine the order of questioning.
The Commissioners have the discretion to restrict the scope or manner of
questioning.

53. A lawyer for a Participant may apply to the Commissioners to examine a

particular witness in chief.

54. In advance of a witness’s testimony, Participants who are permitted to lead a

witness’s evidence in chief shall provide the Participants and Commission

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 Counsel with reasonable notice of the areas to be covered in the witness’s
anticipated evidence in chief and a list of the documents associated with that
evidence.

55. A lawyer for a witness, regardless of whether or not the lawyer is also
representing a Participant, will examine after the other Participants have
concluded their questioning, unless they have adduced the evidence of the
witness in chief, in which case there will be a right by that lawyer to re-examine
the witness. However, if a lawyer for the witness intends to adduce evidence in
chief not adduced by Commission Counsel, the lawyer for the witness will
examine the witness immediately following Commission Counsel, and then will
have a right to re-examine the witness following questioning by the other
Participants.

Access to evidence

56. All evidence shall be categorized and marked P for public proceedings and, if
necessary, C for in camera proceedings. Unless the Commission otherwise
orders, a copy of the P transcript of evidence, a list of P exhibits of the public
proceedings and a summary of the C proceedings will be available on the
Commission website.

57. Only those persons authorized by the Commission in writing shall have access
to C transcripts and evidence.

Anonymity

58. A witness may apply to be granted anonymity.

59. A witness who is granted anonymity will not be identified in the public records
and transcripts of the proceeding except by non -identifying initials, and, if the
Commissioners so rule, may testify before the Commission in camera. Any

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 Commission publications, including on its website, will use non -identifying initials
only. No photograph or other reproduction of the witness shall be made during
the witness’ testimony or upon their entering and leaving the site of the Inquiry.

60. To give effect to this rule, the Commissioners may direct that a person’s identity
not be published.

61. Any witness who is granted anonymity will reveal their name to the
Commissioners and lawyers participating in the Inquiry in order that the
Commission and lawyers can prepare to question the witness. The Commission
and the lawyers shall maintain confidentiality of the names revealed to them. No
such information shall be used for any other purpose either during or after the
completion of the Commission’s mandate.

62. Any witness granted anonymity may either give their evidence under oath or a
promise to tell the truth which may be accompanied by another form of
conscience binding symbol using the non -identifying initials for the purpose of
the witness’s testimony.

63. All Participants, their lawyers and media representatives shall be deemed to
undertake to adhere to the rules respecting anonymity. A breach of these rules
shall be dealt with by the Commissioners as they see fit.

Notice to Persons

64. In accordance with section 13 of the Public Inquiries Act, RSC 1985, c I-11, if
the Commissioners anticipate they may comment adversely upon a person’s
conduct in the final report, the person will have reasonable notice of the
allegation and will be allowed a full opportunity to be heard.

65. Such notice will be delivered on a confidential basis to the person.

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 66. Supplementary notices may be delivered from time to time by the Commission
as warranted by the information or evidence before it.

Expert Panels, Research, and Policy Papers

67. The Commission may use a range of processes to develop its

recommendations, including, but not limited to:

a) Writing or commissioning research and policy papers; the structure and

format of the research and policy papers may vary but will generally include a
description of current practices, historical developments, an analysis of
relevant issues, and potential policy options (if applicable). Research and
policy papers will be designed to inform the Commissioners’ deliberations on
systemic issues. Research and policy papers will be posted on the
Commission’s website;

b) Written and/or oral submissions that may be sought from Participants and the
public about matters relevant to the mandate, including the research and
policy papers;

c) Meetings or symposia (the format of which may vary) that may be convened
to discuss issues raised by the Inquiry at which Participants and members of
the public may be invited to participate; and

d) Evidence that may be received at any stage of the Inquiry from one or more
panels of expert witnesses. The Commissioners may modify the Rules as
appropriate for the disclosure of documents and the questioning of expert
panelists by the Participants.

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PUBLIC AND CLOSING SUBMISSIONS

68. Any interested person may make a public submission in writing to the
Commission in response to any matter raised in the course of the Commission’s
work.

69. The Commission will publish on its website a deadline by which all public
submissions must be received.

70. Participants will be given the opportunity to provide closing submissions. The
Commission will determine if closing submissions will be made orally or in
writing and will set and publish on its website a deadline by which all
Participants’ submissions must be received.

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