PRACTICE DIRECTION # 4
January 17, 2012
PROVISION OF AUDIO RECORDINGS
(Amended March 1, 2016)
This direction amends Practice Direction # 4, which was issued on January 17, 2012.
This Practice direction is intended to establish general rules governing the provision of audio recordings to parties and intervenors. It is an objective of the practice direction that recordings be of utility to the parties, which may include intervenors, while ensuring that any discussion relating to settlement and any matter that any party may consider privileged or otherwise detrimental to the interests of a party are not available to the public.
Pursuant to section 27 (1) of the SCTA, and subject to section 27(2), Tribunal hearings are public. Case Management Conferences are not Tribunal hearings.
Provision of Recordings to Parties
1. A party may, by request of counsel, request a copy of a case management conference or hearing recording. The request must be filed using the RSCT’s E-Filing application found on the Specific Claims Tribunal’s Web site at www.sct-trp.ca. The written request must include the following statement:
I agree on behalf of (Claimant, or Respondent, or other party, as the case may be) that the audio recording of the case management conference or hearing (as the case may be) held on (date) will not be published or distributed, in whole or in part, in any medium and will be used only by counsel for the purposes of the proceedings, which may include consultation with our client.
2. A copy of any such request must be provided to the other parties, for information purposes only.
Provision of Recordings to Intervenors
3. The above direction will, except as noted below, apply in respect of requests for the provision of audio recordings by an intervenor.
4. A copy of any such request must be provided to the parties. A party may, within 10 days of receipt of a copy of a request, advise the Tribunal of its position concerning the provision of a recording.
Provision of Transcripts
5. Any transcripts caused to be produced by a Party using a recording provided by the Tribunal shall be filed with the Tribunal.
6. The Member presiding at the case management conference or hearing may:
6.1 Order further conditions for the provision of the recording to any party or intervenor.
6.2 Deny the provision of the recording to an intervenor, or redact the recording, where he or she is of the opinion that matters discussed do not affect the intervenors’ interests.
6.3 Order a copy of the transcript be provided in lieu of the audio recording if a transcript of the recording has already been made.
7. The Chairperson of the Tribunal may, in the absence of the Presiding Member, or on the request of the Presiding Member, act in his or her stead
Honourable Harry Slade, Chairperson
Specific Claims Tribunal