Speech
Opening remarks
by Richard French
Vice-Chairman of Telecommunications,
Canadian Radio-television and Telecommunications Commission
at the Central Hearing in Whitehorse
Whitehorse, Yukon
July 10, 2006
(CHECK AGAINST DELIVERY)
Before we begin the cross-examination phase of the hearing, I would like to say a few words about the administration of this phase of the proceeding.
Appearing parties will have the opportunity to make oral opening statements not exceeding 10 minutes. Parties should proceed in the order set out in the organization and conduct letter. Before proceeding, they should file as an exhibit a written copy of their opening statements with the hearing secretary and serve a written copy on all appearing parties at the hearing.
Following oral opening statements we will proceed to cross-examination. Parties' witnesses will appear in the order set out in the organization and conduct letter.
Consistent with our usual practice, traditional examination-in-chief by any party will not be permitted. Rather, a party calling a witness will generally be entitled only to examine its witness briefly regarding the preparation of the evidence, any errors or routine updates to the evidence and the witnesses' qualifications.
The order for cross-examination is also stated in the organization and conduct letter. Generally, Commission counsel questions and those of the Commissioners will come after the parties have completed their cross-examination of a particular representative or panel of representatives.
As set out in the organization and conduct letter, parties should provide the Hearing Secretary with their best estimates of the time they require for cross-examination of each witness or panel of witnesses and also advise her as soon as possible of any changes to those estimates. Parties should also inform the Hearing Secretary as soon as possible if they do not intend or no longer intend to cross-examine a witness or panel.
We are relying on everyone's collaboration to ensure that the hearing is held in an orderly fashion.
The order in which parties conduct their cross-examination may be changed by agreement between the parties with advance notice to the party being examined and to the Hearing Secretary.
Our experience in past proceedings is that there is usually no need to engage in redirect examination, although we recognize there may be situations where redirect is necessary and appropriate.
After cross-examination of all witnesses has been completed, we will move on to the final argument. Once again, as noted in the organization and conduct letter, the Commission intends to have oral final argument at the hearing. Parties are reminded that if they plan to make oral argument, but are not presenting witnesses or participating in cross-examination, they should advise the Hearing Secretary accordingly.
Parties will be permitted to supplement their oral argument with written submissions filed and served on all parties by July 21, 2006 or the end of the oral hearing, whichever is later. Written reply argument may be filed by Northwestel by August 4, 2006.
It may not be the intention of all parties to be in attendance throughout the hearing. In this regard, I wish to stress that all parties are responsible for monitoring the progress and content of the hearing and for attending and having their witnesses available at the correct time. I note that the hearing is being webcast on the Commission’s website.
Parties should also be aware of the progress and content of cross-examination which precedes their own in order to be ready with their cross-examination at the appropriate time and to ensure there is no unnecessary duplication of matters previously dealt with by other parties.
This concludes the initial comments that I wish to make at this time. I will now call on Commission counsel to address some additional procedural matters.
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Date Modified: 2006-07-10
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