(Revised August 10, 2004)
Table of Contents

• Definitions
• Participant's Standing and Funding Recommendations
• Right to be Represented by Counsel
• Pre-Hearing Interviews
• Hearing and Decorum
• Applications and Motions
• The Evidence
• Media Coverage
• Modifications

Definitions

1. Unless otherwise provided, the following words mean:

1. Commission: the Commission of Inquiry into the Sponsorship Program and Advertising Activities established by Order in Council P.C. 2004-110, promulgated on February 19, 2004 pursuant to Part 1 of the Inquiries Act;
   
   
2. Commissioner: the Honourable Mr. Justice John H. Gomery of the Superior Court of Québec, appointed by Order in Council P.C. 2004-110;
   
   
3. Commission counsel: counsel engaged to aid and assist the Commissioner in the Inquiry. Commission Counsel have standing throughout the Inquiry;
   
   
4. Commission Offices: the offices of the Commission located in the City of Montreal, Québec, at 200 boulevard René-Lévesque West, Place Guy Favreau, 6th floor, room no. 608 and in Ottawa, Ontario, at 222 Queen Street;
   
   
5. Party: a party who obtains standing under Sections 12 and, where applicable, 13 of the Inquiries Act with respect to the matters that are relevant to that party's interests, or a party that has been granted standing at the discretion of the Commissioner for all or a portion of Phases IA and IB of the Inquiry;
   
   
6. Inquiry: this shall have the same meaning as Commission.
   
   
7. Intervenor: a party who does not have a substantial and direct interest but has clearly ascertainable interests and perspectives essential to the Commissioner's mandate whose standing has been granted by the Commissioner for all or a portion of Phases IA and IB of the Inquiry;
   
   
8. Party: a person or organization who has been granted standing as a party or as an intervenor.
   
   

Standing and Funding Recommendations

2. A party may be granted standing by the Commissioner if the Commissioner is satisfied that the following conditions are met:

1. the party is directly and substantially affected by Phase IA or IB of the Inquiry or portions thereof, or,
   
   
2. the party represents clearly ascertainable interests and perspectives essential to the Commissioner's mandate in Phases IA and IB, which the Commissioner considers ought to be separately represented before the Inquiry, in which event the party may participate in a manner to be determined by the Commissioner.
   
   

3. Any party wishing to be granted standing must apply by way of a motion in writing supported by affidavit on or before May 31, 2004, or at the discretion of the Commissioner at any other date, which must include the following information:

1. name, address, telephone and fax numbers, and e-mail address of the party;
   
   
2. whether the party seeks standing as a party or as an intervenor for all or a portion of Phases IA and IB of the Inquiry;
   
   
3. the areas and issues where the party is directly and substantially affected or where the party has a clearly ascertainable interest or perspective which would enhance the work of the Commissioner and the reasons in support thereof;
   
   
4. the names of the lawyers, if any, representing the party, together with the lawyer's address, telephone number, e-mail address and fax number.
   
   

4. Applicants for standing will be permitted to make oral submissions not exceeding 15 minutes at a public standing hearing in Ottawa, on June 21 to 23, 2004, or at the discretion of the Commissioner at any other date.

5. The Commissioner will determine any special conditions under which a party may participate and those parts of the Inquiry in which a party granted standing may participate.

6. From time to time, the Commissioner may, in his discretion, at any time grant to or rescind standing from a party, or modify the status or conditions of the standing of a party.

7. The rights of a party as defined in Rule 1 (e) hereof, will include:

1. Access to documents filed with or produced to the Commission which are relevant to the Inquiry and subject to the Rules of Procedure and Practice;
   
   
2. Advance notice of documents which are proposed to be introduced into evidence by Commission counsel;
   
   
3. Advance provision of statements of anticipated evidence, if applicable.
   
   
4. A seat at the counsel table;
   
   
5. The opportunity to suggest witnesses to be called by Commission counsel, and the opportunity to apply for an order that a particular witness be summoned to appear;
   
   
6. The right to cross-examine witnesses on matters relevant to the basis upon which standing was granted; and
   
   
7. The right to make closing submissions.
   
   

8. The rights of an intervenor as defined in Rule 1(g) will include any or all of the following at the Commissioner's discretion:

1. Numbers i), ii), iii), v) and vii) in paragraph 7; and
   
   
2. Opportunity to suggest areas for examination of a certain witness by Commission counsel, failing which an opportunity to request leave to examine the witness on such areas;
   
   

9. In order to avoid repetition and unnecessary delay, at the discretion of the Commissioner, certain applicants may be grouped into coalitions where they have a similar interest or perspective, where there is no conflict of interest, and where their relevant interest or perspective will be fully and fairly represented by a single grant of standing to the parties as a group.

10. For the purposes of Phases IA and IB of the Inquiry, parties who would not otherwise be able to participate may seek funding by way of a motion in writing, with supporting affidavit(s), to be filed with the Commission on or before July 12, 2004, or at the discretion of the Commissioner at any other date. Funding will be recommended at the Commissioner's discretion in accordance with paragraph (h) of the terms of reference on July 19, 2004, or at the discretion of the Commissioner at any other date. There will be no oral hearing with respect to funding.

11. In order to qualify for a funding recommendation, a party must:

1. establish the party's inability to participate in the Inquiry without funding and the absence of an alternative means of funding;
   
   
2. provide a satisfactory plan as to how it intends to use the funds and account for them;
   
   
3. demonstrate sufficient interest and proposed involvement in the Inquiry; and
   
   
4. establish a special expertise or experience with respect to the Commission's mandate;
   
   

12. The Commissioner's recommendations for reimbursement of legal fees and expenses to those who have been granted funding shall be made in accordance with Treasury Board Guidelines. Funding will not include fees and expenses for experts to be called by the parties with standing in Phase IA or 1B or fees and expenses related to the investigative activities of agencies retained by the parties.

13. Commission counsel will be open to suggestions from the parties as to the types and names of experts to be called, but Commission counsel will have the primary responsibility for calling experts to be paid by the Commission. It is not contemplated that the Commission will recommend funding for experts for parties.

Right to be Represented by Counsel

14. Any party with standing or any witness has the right to be assisted or represented by Counsel as provided in these Rules. Anyone interviewed by or on behalf of Commission Counsel is entitled to have one personal counsel present for the interview to represent his or her interests.

Pre-Hearing Interviews

15. Commission counsel may request any person or any organization to submit to one or more interviews with Commission counsel or other person designated by such counsel for that purpose, at any reasonable time appointed by Commission counsel. No person or organization is required to submit to such interviews.

Hearing and Decorum

16. In so far as it needs to gather evidence under Phases IA and IB, the Commission is committed to a process of public hearings.

17. However, applications may be made by a party asking that the Commissioner issue an order that any portion of the proceedings be in camera, or issue an order prohibiting the disclosure, publication or communication of any testimony, document or evidence. Such applications shall be made in writing, supported by affidavit(s), at the earliest opportunity. The evidence and submissions on such applications may be presented in private or in public, or a combination of both, at the discretion of the Commissioner, according to these Rules, which are applicable to in camera matters with appropriate modifications.

18. The Commissioner may, at its discretion, issue an order that any portion of the proceedings be in camera, or issue an order prohibiting the disclosure, publication or communication of any testimony, document or evidence.

19. The Commission will set the dates, hours and places of its hearings. Unless otherwise provided, hearings will start at 9:30 a.m. and end at 5:00 p.m., from Monday to Thursday, inclusive, and will take place in Montréal at the Guy-Favreau Complex, 200 René-Lévesque Blvd. West and in Ottawa, at Victoria Hall, Bytown Pavilion, 111 Sussex Drive (former City Hall) or at such other place as the Commission determines.

20. People attending the hearings will rise when the Commissioner enters the hearing room and will remain standing until he takes his seat. Whenever the hearing is adjourned or is terminated, those present in the room will stand up and remain standing until the Commissioner has left the hearing room.

21. No one will be authorized to address the Commissioner during the hearings, before first rising.

22. Anything which may detract from proper decorum will be prohibited, and the Commissioner may exclude any person from the hearing room at his discretion.

Applications and Motions

23. Except in the case of a dispensation by the Commission, any demand to the Commission must be submitted in writing, supported by an affidavit, with a notice of presentation filed at the offices of the Commission at least five clear days before presentation and served on the parties with standing or their attorneys.

24. Service may be made by e-mail, fax or process server addressed to the party or witness, or to counsel representing the party or witness.

The Evidence

(i) General provisions

25. In the ordinary course, Commission counsel will call and question witnesses to testify at the Inquiry.

26. The Commission is entitled to receive evidence which might otherwise be inadmissible in a court of law. Evidence will be admissible based on its probative value in relation to the Commission's mandate.

27. Parties are encouraged to provide to Commission counsel, at the earliest opportunity, the names and addresses of all witnesses whom they feel should be heard, together with a brief description of the witness' evidence, as well as relevant evidence and copies of all relevant documentation.

28. Commission counsel has a discretion to refuse to call a witness or present evidence. Where Commission counsel refuses to call a witness or present evidence, a party may apply to the Commissioner for an order that such witness be called or such evidence be presented. Such application must be made in writing, supported by affidavit. It must indicate the name and address of the witness, give a summary of his testimony or the reasons for not providing it. A copy of any document which the witness intends to file into the record must accompany his application. If this Commissioner is satisfied that the witness or evidence is needed, Commission counsel will call the witness or present the evidence.

(ii) Witnesses

29. Witnesses will give their evidence at a hearing under oath or affirmation.

30. Witnesses may be called more than once. During the hearings, witnesses' depositions will be taken by stenography, stenotypy, or mechanically recorded.

(iii) The order of examination

31.

1. Commission counsel will first adduce the evidence from the witness. Except as otherwise directed by the Commissioner, Commission counsel can adduce evidence by way of both leading and non-leading questions;
   
   
2. Parties granted standing to do so will then have the opportunity to cross-examine the witness to the extent of their interest;
   
   
3. At the Commissioner's discretion, the order of cross-examination will be determined by the parties having standing, failing which by the Commissioner;
   
   
4. with the permission of the Commissioner, counsel for a witness, regardless of whether or not the counsel is also representing a party with standing, may then examine his witness, and
   
   
5. Counsel for the Commission will have the right to ask further questions of the witness;
   
   
6. the Commissioner may require a witness to adduce any evidence or respond to any question, including questions from the Commissioner, which the Commissioner deems to be relevant;
   
   
7. except with the permission of the Commissioner, no counsel other than the Commission counsel may speak to a witness about his or her evidence while the witness is giving any part of his or her evidence. Commission counsel may not speak to any witness about his or her evidence while the witness is being cross-examined by other counsel.
   
   

(iv) Access to evidence

32. All documentary or physical evidence filed before the Commission shall be identified and marked "P" for public settings in numerical order and, if necessary, "C" for sessions in camera or hearings for which a non-disclosure, a non-publication or a non-communication ban order has been issued.

33. One copy of the "P" transcript of the evidence an the "P" exhibits of the public hearings will be available to be shared and consulted by counsel for the parties. The transcript will be available in an office outside the hearing room. A disk version of the transcript or the exhibits or an additional hard copy may be ordered by anyone prepared to pay its cost.

34. Another copy of the "P" transcripts of the public hearings and a copy of "P" exhibits will be available in the media room to be shared by the media.

35. Only the Commission, under conditions to be determined, can authorize and give access to "C" transcripts and exhibits.

(v) Documents and evidence

36. The Commission expects all evidence and documents relevant to the Commission's mandate to be produced to the Commission by any party with standing or by anyone who has received a subpoena, whether or not the subpoena specifically comprehends the particular evidence or document.

37. A party with standing who knows of the existence of any relevant document or evidence which has not been filed as an exhibit or produced to Commission counsel must bring it to the attention of Commission counsel at the earliest opportunity. If Commission counsel decides that the evidence or document is not relevant, it shall not be disclosed or filed as a relevant document or evidence. This does not preclude the document or evidence from being used in cross-examination by any of the parties, but no such document or evidence may be used in cross-examination unless it has been brought to the attention of Commission counsel in accordance with this Rule. Before such a document or evidence may be used for the purpose of cross-examination, it must be made available to all parties by counsel intending to use it not later than the day prior to the testimony of that witness. Subject to the discretion of the Commissioner, the evidence or document will then be filed in the Commission's record.

38. Originals of relevant documents are to be provided to Commission counsel upon request.

39. Counsel to parties and witnesses will be provided with copies of documents, evidence, information and will-say statements (hereinafter "things" in this Rule) which are relevant to the parties' or witnesses' interests, upon giving written undertaking that all such things will be used solely for the purpose of the Inquiry and, where the Commission considers it appropriate, that its disclosure will be further restricted. The Commission may require that these things, and all copies made, be returned to the Commission. Counsel are entitled to provide such documents, evidence, or will-say statements to their respective clients only on terms consistent with the undertaking given, and upon the clients entering into written undertakings to the same effect. These undertakings will be of no force regarding any document, evidence or information once it has become part of the public record. The Commission may, upon application, release any party in whole or in part from the provisions of the undertaking in respect of any particular document, evidence, or other information,

40. Unless otherwise ordered by the Commissionner, a will-say statement may not be used for the purpose of examination or cross-examination of a witness, or be made part of the hearing record. It will always be subject to the confidentiality and return provisions of Rule 39.

41. Documents, evidence or information received from a party, or any other organization or individual, shall be treated as confidential by the Commission unless and until they are made part of the public record or the Commissioner otherwise declares. This does not preclude the Commission from presenting a document, evidence or information to a proposed witness prior to the witness giving his or her testimony, as part of the investigation being conducted.

42. Commission counsel will endeavour to provide reasonable notice of documents that will likely be referred to during the course of that witness' testimony. That notice will be provided to both the witness and the parties with standing relating to issues upon which the witness is expected to testify,

43. Parties shall at the earliest opportunity notify Commission counsel of any documents or evidence that they intend to file as exhibits or otherwise refer to during the hearings, and in any event shall notify Commission counsel such documents or evidence no later than the day before it is intended to be referred to or filed.

Media Coverage

44. The Commission may authorize the tape recording and live broadcasting of the public hearings by a designated media representative who will provide such recording and live feed to all other media pursuant to a pooling agreement. If the media cannot agree on a pooling agreement, they may apply to the Commissioner for a decision.

45. Representatives of the media who have signed the pooling agreement have the same rights in connection with the utilization of the tape recording and live broadcasting feed of the public hearings as the designated media representative.

46. The designated media representative authorized to tape record and broadcast the public hearings shall provide a copy of such recording to the Commission's Registrar, not later than three days after the recorded hearing.

47. Cameras and microphones will be located at pre-determined places in the hearing rooms. Only fixed cameras and the lighting system in the hearing room will be allowed.

48. No media scrums, interviews, or reporting will be allowed in the hearing rooms or within the distance of ten (10) meters from the hearing room entrances.

49. Media representatives will have to abide by the Commission's directives.

50. Whenever the Commission decides pursuant to Rules 17 and 18 to proceed in camera, or issue a publication, disclosure or communication ban, the designated media representative must, to the satisfaction of the Commission, take all necessary measures to ensure that all tape recording or sound recording machines have been turned off.

51. No other forms or means of recording, re-broadcasting or photographing beyond those permitted by these Rules will be allowed in the hearing rooms.

52. Notwithstanding Rule 51, the Commission may allow, at his discretion at times and under conditions set by him, one photographer to take pictures in the hearing room with the understanding that he make available his negatives to representatives of the media pursuant to a pooling agreement of the kind described in Rule 44 above.

Modifications

53. All parties, witnesses, and their respective counsel and members of the media and the public, must adhere to these Rules which may be amended or dispensed with by the Commission at its discretion to ensure fairness.

         Montréal, this eighteenth day of June 2004

         The Honourable John H. Gomery,

         Commissioner