A Guide to Our Process
7. Whether to choose a written or oral hearing
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If your request is admissible, CART will hold a hearing to decide if you are in violation of the law. If you are in violation of the law, CART will decide if the amount of the AMP was properly determined.
To do this, CART will have a hearing to consider the parties’ evidence and arguments.
There are two types of hearings: written hearings and oral hearings.
We will ask you whether you prefer a written hearing or an oral hearing.
7.1 Written hearings
In written hearings, the parties provide written, photographic, or video evidence and written arguments.
These hearings are usually decided more quickly. CART makes its decision based only on the written arguments and supporting documents that the parties send in. As a result, there is no opportunity to testify or to ask questions about the evidence.
The following is the typical process for a written hearing:
- First, the Respondent will provide its written arguments and evidence (documents, photos, or videos). The Respondent will try to convince CART that you committed the violation in the Notice and that the penalty, if any, was appropriate.
- Next, if you want to, you will provide your written arguments and evidence (documents, photos, or videos) about why you disagree with the Respondent’s arguments and evidence.
7.2 Oral hearings
At an oral hearing, you will have the opportunity to talk and ask questions. The parties will often bring witnesses and make oral arguments. An oral hearing also allows parties to question each other's witnesses.
CART holds its oral hearings by videoconference. As a result, you can attend an oral hearing from your home. You can use your own electronic device, such as a laptop, desktop, or a smartphone, to join the hearing.
For more information, please see Practice Note re: Virtual and In-Person Oral Hearings.
The following is the typical process for an oral hearing:
The member asks if there are any preliminary issues.
A preliminary issue is a concern that a party thinks should be discussed before other things. Examples of preliminary issues include concerns about:
- The hearing process
- Access to documents
- Whether the witnesses have shown up
- What the witnesses can hear before they testify
- Technology issues
- Human rights accommodations
Not every hearing will have preliminary issues.
The parties make opening statements.
First, the Respondent’s lawyer will make their opening statement. Then, you will make your opening statement.
An opening statement is a short description, if you want to give it, about why you disagree with the Notice or Minister’s decision. This is not the time to get into details or evidence; it is just a summary of what you will show CART during the hearing.
The Respondent’s witnesses.
The Respondent’s witnesses will testify first. When the Respondent’s witnesses testify:
- The Respondent’s representative asks its witness questions about what happened (called "direct examination")
- After direct examination, you can ask the Respondent’s witness questions (called "cross-examination"). The purpose of cross-examination is to challenge a witness’ evidence
- After cross-examination, the Respondent may ask follow-up questions (called "redirect")
This process is repeated for each of the Respondent’s witnesses.
You and/or your witnesses
When you and your witnesses testify:
- You will ask your witnesses questions, the Respondent will cross-examine them, and you will ask questions in redirect
- If you testify, you will tell CART what you want it to know. The Respondent will then cross-examine you and you will have a chance to add more to your testimony after cross-examination
Closing submissions
Once all the witnesses have testified, the parties make their closing submissions.
A closing submission is a short summary of what you want the member to remember about the evidence.
- First, the Respondent will make their closing submissions
- Next, you will make your closing submissions
Closing submissions are sometimes made orally at the hearing, or in writing after the hearing.