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Practice Note #10 –
Order for Exclusion of Witnesses

Adobe icon Practice Note #10 – Order for Exclusion of Witnesses PDF (187KB)

1. Purpose

The purpose of this Practice Note is to explain the procedure for obtaining an order to exclude witnesses during a hearing.

2. Background

The Tribunal may, at the request of a party, issue an order for the exclusion of a witness under subsection 24(1) of the Rules of the Review Tribunal (Canada Agricultural Review Tribunal). Moreover, the Tribunal has the discretionary power to issue such an order without a request by any party, in order to ensure an equitable, impartial and fair hearing process. The purpose of this order is to ensure that the evidence presented by a witness at a hearing is not influenced by listening to the testimony of a previous witness.

3. Statement

Each party may ask the presiding member to order the exclusion of witnesses including the expert witness in exceptional circumstances.

No order can be rendered with regard to a witness that is a party or a witness whose presence is essential for providing instructions to the person representing that party. In such a case, the member may require the witness to present their deposition before the other witnesses are called to do so.

When an exclusion order is given, no person shall communicate with a witness that is subject to the order about evidence presented during their absence, until the witness has completed their testimony.

4. Approval

Practice Note #10 is approved by the Tribunal’s Chairperson on September 28th, 2020.

Luc Belanger signature

Luc Bélanger
Canada Agricultural Review Tribunal