加拿大难民程序/RPD 规则 57 - 公开进行的诉讼

RPD 规则 57 - 公开进行的诉讼

相关规则的文本如下

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.

默认情况下，该法案要求在私下进行诉讼

根据《移民与难民保护法》的规定，在 RPD 之前举行的听证会必须在闭门的情况下进行：加拿大难民程序/166 - 诉讼必须在没有公众的情况下进行。也就是说，委员会可以在特殊情况下将难民听证会向公众开放。欧文法文本《难民法》指出，这种情况几乎总是发生在申请人的同意下。 它举了一个例子，近年来，一些备受关注的难民申请在申请人的同意下公开进行了听证，包括美国军事逃兵杰里米·欣兹曼和布兰登·休伊的申请；美国大麻运动倡导者史蒂文·库比和他的家人；以及中国商人赖昌星和他的家人的申请。

委员会可以命令全部或部分在私下进行诉讼

委员会关于类似的移民司规则的公开评论指出，“[司] 可以采取任何必要的措施来确保诉讼的保密性，例如：a) 私下听取有关需要考虑因素的证据；以及 b) 命令全部或部分在私下进行诉讼”。 一个小组可以对其命令附加条件，例如在Key (Re)中，难民保护司的一个小组对允许媒体观察听证会提供了以下条件：“在诉讼过程中，听证室只允许使用非干扰性音频设备，并且只有在听证会未进行时，才允许使用相机拍摄静止照片”。

委员会可以命令全部或部分禁止出版

委员会关于类似的移民司规则的公开评论指出，“即使允许公开进行诉讼，[司] 也可以采取任何必要的措施来确保诉讼的保密性，例如：1. 私下听取有关需要考虑因素的证据；以及 2. 命令全部或部分禁止出版诉讼”。

委员会可以发布封存令或保密令

参见：加拿大难民程序/166 - 诉讼必须在没有公众的情况下进行#委员会可以发布封存令或保密令.