Part 5 — Practice Review and Discipline
44 Witnesses
opinion of the review panel or, on appeal, of the Council, has
knowledge of the complaint or any conduct being investigated are
compellable witnesses in a hearing or appeal under this Part.
RSA 2000
(2) A witness may be examined on oath on all matters relevant to
the investigation and is not to be excused from answering any
question on the ground that the answer might
(a) tend to incriminate the witness,
(b) subject the witness to punishment under this Part, or
(c) tend to establish the witness's liability
(i) to a civil proceeding at th e instance of the Crown or of
any other person, or
(ii) to prosecution under any Act or regulations under any
Act,
but if the answer so given tends to incriminate the witness, subjects
the witness to punishment or tends to establish the witness's
liability, it must not be used or received against the witness in any
civil proceeding, in a prosecution under Part 7 or in any proceeding
under any other Act, except in a prosecution for or proceedings in
respect of perjury or the giving of contradictory evidence.
(3) For the purpose of obtaining the testimony of a witness who is
out of Alberta, a judge of the Court of King's Bench on an
application ex parte by the Association may direct the obtaining of
evidence from the witness in the manner provided under the
Alberta Rules of Court for the taking of the evidence of a person
outside Alberta.
RSA 2000 cA-44 s44;2009 c53 s25;AR 217/2022