Part VI: Oral Proceedings (Rules 65-69)

Location

65.  Oral proceedings in a panel review shall take place at the office of the responsible Secretariat or at such other location as the responsible Secretary may arrange.

Pre-hearing Conference

66.  (1)  A panel may hold a pre-hearing conference, in which case the responsible Secretary shall give notice of the conference to all participants.

(2)  A participant may request that the panel hold a pre-hearing conference by filing with the responsible Secretariat a written request setting out the matters that the participant proposes to raise at the conference.

(3)  The purpose of a pre-hearing conference shall be to facilitate the expeditious advancement of the panel review by addressing such matters as

(a)  the clarification and simplification of the issues;
(b)  the procedure to be followed at the hearing of oral argument; and
(c)  any outstanding motions.

(4)  Subject to subrule 26(b), a pre-hearing conference may be conducted by means of a telephone conference call.

(5)  Following a pre-hearing conference, the panel shall promptly issue an order setting out its rulings with respect to the matters considered at the conference.

Oral Argument

67.  (1)  A panel shall commence the hearing of oral argument no later than 30 days after the expiration of the time period fixed under subrule 57(3) for filing reply briefs. At the direction of the panel, the responsible Secretary shall notify all participants of the date, time and place for the oral argument.

(2)  Oral argument shall be subject to the time constraints set by the panel and shall, unless the panel otherwise orders, be presented in the following order:

(a)  the complainants and any participant who filed a brief in support of the allegations set out in a Complaint or partly in support of the allegations set out in a Complaint and partly in opposition to the allegations set out in a Complaint;
(b)  the investigating authority and any participant who filed a brief in opposition to the allegations set out in a Complaint, other than a participant referred to in subrule (a); and
(c)  argument in reply, at the discretion of the panel.

(3)  If a participant fails to appear at oral argument, the panel may hear argument on behalf of the participants who are present. If no participant appears, the panel may decide the case on the basis of briefs.

(4) Oral argument on behalf of a participant on a motion or at a hearing shall be conducted by the counsel of record for that participant or, where the participant is an individual appearing prose, by the participant.

(5)  Oral argument shall be limited to the issues in dispute.

Subsequent Authorities

68.  (1)  A participant who has filed a brief may bring to the attention of the panel,

(a)  at any time before the conclusion of oral argument, an authority that is relevant to the panel review;
(b)  at any time after the conclusion of oral argument and before the panel has issued its decision,

(i)  an authority that was reported subsequent to the conclusion of oral argument, or
(ii)  with the leave of the panel, an authority that is relevant to the panel review and that came to the attention of counsel of record after the conclusion of oral argument, by filing with the responsible Secretariat a written request, setting out the citation of the decision or judgment, the page reference of the brief of the participant to which the decision or judgment relates and a concise statement, of no more than one page in length, of the relevance of the decision or judgment.

(2)  A request referred to in subrule (1) shall be filed as soon as possible after the issuance of the decision or judgment by the court.

(3)  Where a request referred to in subrule (1) is filed with the responsible Secretariat, any other participant may, within five days after the date on which the request was filed, file a concise statement, of no more than one page in length, in response.

Oral Proceedings in Camera

69.  During that part of oral proceedings in which proprietary information or privileged information is presented, a panel shall not permit any person other than the following persons to be present:

(a)  the person presenting the proprietary information or privileged information;
(b)  a person who has been granted access to the proprietary information or privileged information under a Proprietary Information Access Order or an order of the panel;
(c)  in the case of privileged information, a person as to whom the confidentiality of the privileged information has been waived; and
(d)  officials of, and counsel for, the investigating authority.