Practice Note #10 –
Order for Exclusion of Witnesses
Practice Note #10 – Order for Exclusion of Witnesses PDF (187KB)
The purpose of this Practice Note is to explain the procedure for obtaining an order to exclude witnesses during a hearing.
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.
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.
Practice Note #10 is approved by the Tribunal’s Chairperson on September 28th, 2020.
Canada Agricultural Review Tribunal