Agriculture, Food and Rural Affairs Appeal Tribunal (Tribunal)

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Rule 17 - Audio and Visual Recording of Hearings

No audio or visual recording of hearings without authorization

17.01 No person shall take or attempt to take a photograph, motion picture, audio recording or other record capable of producing an audio or visual reproduction by electronic or other means at a Tribunal hearing unless authorized by the Tribunal.

Exceptions to the general rule

17.02 Nothing in rule 17.01,

  1. prohibits a person from unobtrusively making handwritten notes or sketches at a Tribunal hearing;
  2. prohibits a duly certified court reporter retained by the Tribunal, or a party, from recording the hearing for the purpose of providing an accurate transcript; or

Requests for authorization

17.03 A request for authorization under Rule 17.01 may be made to the Chair or the Vice-Chair presiding at a hearing at the commencement of a hearing or, after a hearing has commenced.

Representations to Tribunal permitted

17.04 The Tribunal shall afford the parties and other participants at a hearing an opportunity to make representations to the Tribunal in respect of any application under Rule 17.01 or to vary any authorization previously granted by the Tribunal.

Factors to be considered

17.05 On an application for authorization under Rule 17.01, the Tribunal shall consider,

  1. the likelihood of disturbance or disruption of the hearing;
  2. the likelihood of undue discomfort for any participant;
  3. whether there is a public interest in having procedures which are accessible to all those interested or affected; and
  4. such other matters as the Tribunal deems appropriate.

Rules for recording of hearings

17.06 In making a recording authorized by the Tribunal under Rule 17.01,

  1. no equipment which produces a distracting sound or light shall be used during the hearing;
  2. the person authorized to make the recording shall not move around the hearing room unnecessarily while the hearing is in progress;
  3. the recording equipment shall be positioned unobtrusively in one location approved by the Tribunal and shall not be moved while the hearing is in progress; and
  4. the authorized recording or photographic activity will occur only at times and within portions of the hearing determined by the Tribunal.

Authority may be withdrawn

17.07 Any authorization given under Rule 17.01 may be withdrawn by the Tribunal before or during the hearing,

  1. if the Tribunal's rules are breached;
  2. if any unforeseen circumstances interfere with the ability and duty of the Tribunal to conduct a full and fair hearing; and
  3. if the Tribunal considers it appropriate to withdraw the authorization after reconsidering any of the factors set out in Rule 17.05.

Temporary withdrawal of authority

17.08 A withdrawal of authorization may be temporary or limited to accommodate any witnesses who may suffer undue discomfort or prejudice if recording or media coverage is permitted.

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