加拿大難民程式/RPD 規則 57 - 公開進行的訴訟

RPD 規則 57 - 公開進行的訴訟

相關規則的文字如下

Proceedings Conducted in Public

Minister considered party
57 (1) For the purpose of this rule, the Minister is considered to be a party whether or not the Minister takes part in the proceedings.

Application
(2) A person who makes an application to the Division to have a proceeding conducted in public must do so in writing and in accordance with this rule rather than rule 50.

Oral application
(3) The Division must not allow a person to make an application orally at a proceeding unless the person, with reasonable effort, could not have made a written application before the proceeding.

Content of application
(4) In the application, the person must
(a) state the decision they want the Division to make;
(b) give reasons why the Division should make that decision;
(c) state whether they want the Division to consider the application in public or in the absence of the public;
(d) give reasons why the Division should consider the application in public or in the absence of the public;
(e) if they want the Division to hear the application orally, give reasons why the Division should do so; and
(f) include any evidence that they want the Division to consider in deciding the application.

Providing application
(5) The person must provide the original application together with two copies to the Division. The Division must provide a copy of the application to the parties.

Response to application
(6) A party may respond to a written application. The response must
(a) state the decision they want the Division to make;
(b) give reasons why the Division should make that decision;
(c) state whether they want the Division to consider the application in public or in the absence of the public;
(d) give reasons why the Division should consider the application in public or in the absence of the public;
(e) if they want the Division to hear the application orally, give reasons why the Division should do so; and
(f) include any evidence that they want the Division to consider in deciding the application.

Providing response
(7) The party must provide a copy of the response to the other party and provide the original response and a copy to the Division, together with a written statement indicating how and when the party provided the copy to the other party.

Providing response to applicant
(8) The Division must provide to the applicant either a copy of the response or a summary of the response referred to in paragraph (12)(a).

Reply to response
(9) An applicant or a party may reply in writing to a written response or a summary of a response.

Providing reply
(10) An applicant or a party who replies to a written response or a summary of a response must provide the original reply and two copies to the Division. The Division must provide a copy of the reply to the parties.

Time limit
(11) An application made under this rule must be received by the Division without delay. The Division must specify the time limit within which a response or reply, if any, is to be provided.

Confidentiality
(12) The Division may take any measures it considers necessary to ensure the confidentiality of the proceeding in respect of the application, including
(a) providing a summary of the response to the applicant instead of a copy; and
(b) if the Division holds a hearing in respect of the application,
(i) excluding the applicant or the applicant and their counsel from the hearing while the party responding to the application provides evidence and makes representations, or
(ii) allowing the presence of the applicant’s counsel at the hearing while the party responding to the application provides evidence and makes representations, upon receipt of a written undertaking by counsel not to disclose any evidence or information adduced until a decision is made to hold the hearing in public.

Summary of response
(13) If the Division provides a summary of the response under paragraph (12)(a), or excludes the applicant and their counsel from a hearing in respect of the application under subparagraph (12)(b)(i), the Division must provide a summary of the representations and evidence, if any, that is sufficient to enable the applicant to reply, while ensuring the confidentiality of the proceeding having regard to the factors set out in paragraph 166(b) of the Act.

Notification of decision on application
(14) The Division must notify the applicant and the parties of its decision on the application and provide reasons for the decision.

預設情況下，該法案要求在私下進行訴訟

根據《移民與難民保護法》的規定，在 RPD 之前舉行的聽證會必須在閉門的情況下進行：加拿大難民程式/166 - 訴訟必須在沒有公眾的情況下進行。也就是說，委員會可以在特殊情況下將難民聽證會向公眾開放。歐文法文字《難民法》指出，這種情況幾乎總是發生在申請人的同意下。 它舉了一個例子，近年來，一些備受關注的難民申請在申請人的同意下公開進行了聽證，包括美國軍事逃兵傑里米·欣茲曼和布蘭登·休伊的申請；美國大麻運動倡導者史蒂文·庫比和他的家人；以及中國商人賴昌星和他的家人的申請。

委員會可以命令全部或部分在私下進行訴訟

委員會關於類似的移民司規則的公開評論指出，“[司] 可以採取任何必要的措施來確保訴訟的保密性，例如：a) 私下聽取有關需要考慮因素的證據；以及 b) 命令全部或部分在私下進行訴訟”。 一個小組可以對其命令附加條件，例如在Key (Re)中，難民保護司的一個小組對允許媒體觀察聽證會提供了以下條件：“在訴訟過程中，聽證室只允許使用非干擾性音訊裝置，並且只有在聽證會未進行時，才允許使用相機拍攝靜止照片”。

委員會可以命令全部或部分禁止出版

委員會關於類似的移民司規則的公開評論指出，“即使允許公開進行訴訟，[司] 也可以採取任何必要的措施來確保訴訟的保密性，例如：1. 私下聽取有關需要考慮因素的證據；以及 2. 命令全部或部分禁止出版訴訟”。

委員會可以釋出封存令或保密令

參見：加拿大難民程式/166 - 訴訟必須在沒有公眾的情況下進行#委員會可以釋出封存令或保密令.