DEFINITIONS

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Definitions

This list is organized alphabetically by topic.
For this reason, the order in which the topics are presented is different in the French version.

References to the "Act" refer to the Public Servants Disclosure Protection Act.

References to the "Rules" refers to the Public Servants Disclosure Protection Tribunal Rules.

Act	A statute enacted by Parliament or legislature.
Ad hoc	Specifically for that use; serving for the moment.
Adjournment	A decision by the Tribunal to reschedule the hearing to another date and time. This usually occurs at the hearing.
Affidavit	A written, sworn statement that is submitted into evidence.
Affidavit of Service	An affidavit whose purpose is to certify that a document has been served.
Agreed Statement of Facts	A list of facts about the case with which all parties agree.
Allegation	A statement made by a party in a legal proceeding, which the party then undertakes to prove.
Application	A formal request to the Tribunal, from the Commissioner, to determine if reprisal occurred and if it did occur, for an order of remedy in favour of the complainant; or for both an order of remedy in favour of the complainant and an order of disciplinary action against the person(s) determined to have taken the reprisal (ss. 20.4(1) of the Act).
Argument	Statement that tries to persuade the Tribunal to reach a particular conclusion.

Bona fide	In good faith
Book of authorities	Book containing copies of statutory provisions, case law and other legal authorities that a party intends to use during the hearing.

Case	A legal issue, between two or more parties, that is argued at the Tribunal.
Case Law	A body of legal decisions which can be cited as precedents.
Chairperson	A judge of the Federal Court or a superior court of a province, appointed by the Governor in Council to preside over the Tribunal.
Complainant	A person claiming to have suffered a reprisal.
Complaint dismissed	A complaint that is determined by the Tribunal to be unfounded. Therefore, an act of reprisal did not occur.
Complaint substantiated	A complaint that is determined by the Tribunal to be true. Therefore, an act of reprisal did occur.
Cross-examination, to cross-examine	The questioning of a witness by another party (or by another party's representative). Leading questions are permitted.

Date of service	The date that a document was delivered.
De novo Hearing	A new hearing that takes place as if there had been no hearing in the first instance.
Decision	The act of reaching a conclusion. In cases heard by the Tribunal, it is determined whether reprisal has occurred.
Delegation of authority	Permission for making decisions or taking action on behalf of a party.
Disciplinary Action	Action taken against the person(s) determined to have taken a reprisal(s).
Disclosure or Discovery	The exchange of documents and information relevant to the case prior to a hearing.
Dispensing with a rule	The Tribunal may vary a Rule or dispense with compliance with a Rule (See rule 3 of the Rules).

Et al	And others
Evidence	Documents, objects or testimony a party presents to support a statement of fact.
Ex parte	A request made by a party, in the absence of the other party.
Examination in chief	The process where the lawyer calling the witness asks non-leading questions to have the witness gives his or her testimony to the Tribunal.
Exclusion of witness	Direction from the Tribunal that a witness be kept out of the hearing room unless giving testimony. This prevents witnesses from discussing their testimony with each other, which could influence their own testimony.
Exhibit	Any document, picture or object put forward as evidence at the hearing, which must be identified by witnesses before being filed.
Expert Report	Report drafted by an expert and which is available to the Tribunal as evidence.
Expert witness	A witness who gives evidence in his or her area of expertise. Before a witness can provide expert evidence, the Tribunal must determine if the witness is qualified to render an expert opinion.

Filing	Delivering (in person or by courier), mailing, faxing or e-mailing a document to the Registry.
Final Argument	The statements made by each party at the end of the hearing after all the evidence has been presented.

Hearing	Session during which the parties present their evidence and their submissions or arguments to the Tribunal.
Hearsay	A statement other than a statement by the witness during his or her testimony in a hearing presented as conclusive evidence to prove the truth of an assertion.

Idem	The same
In Camera	Decision of the Tribunal to prohibit the presence of the public at a hearing.
Inter alia	Among other things
Interested person	Anyone who has a direct interest in a proceeding and has been added to the proceedings.
Interlocutory Order	A procedural order that does not finally dispose of an action, made in the course of proceedings (for example, an order to adjourn a hearing).
Interpreter	A person who translates orally from one language into another.

Judicial review	Review of a decision by a court.
Jurisdiction	The authority of a tribunal to hear certain cases.

Leave	Permission given by a court or tribunal.
Legislation	One or more statutes or acts enacted by Parliament or a legislature.

Mandamus	An order requiring a person or entity to perform a task of a public nature.
Master of proceedings	Indicates a tribunal has power over its own procedures.
Mediation	A process involving a third party, sometimes a judge, meeting jointly and/or separately with parties and their lawyers with a view to settlement.
Members	The Tribunal is composed of a Chairperson and two to six members who are appointed for terms up to seven years. When a case is referred to the Tribunal, the Chairperson assigns either one or three members to hear the case.
Mitigation	Steps that an aggrieved party might reasonably be expected to take to minimize damage or loss.
Motion	A request made to the Tribunal to give a decision or to make an order concerning a procedural or evidentiary issue that arises before or during the hearing.

Notice of hearing

Notice sent by the Registrar informing the parties and interested persons of the date, time and place of the hearing.

Oath	A solemn appeal to God or a revered person or object such as a holy book in witness of a promise to speak the truth. Instead of an oath, witnesses before the Tribunal may choose to do a solemn affirmation. An affirmation is used for those witnesses who do not have religious beliefs, or do not wish to refer to them.
Opening Statement	A summary made at the start of a hearing of what a party intends to prove during the hearing. The parties are to identify the facts they intend to prove and the evidence they will present to prove these facts. Parties may also briefly refer to the main legal principles that they feel are relevant to the case.

Panel	The member or members assigned by the Chairperson of the Tribunal to hear the evidence and to make a decision in a particular case.
Particulars	Detailed information of facts alleged in a more general pleading. A statement of particulars includes a party's position regarding the legal issues raised, the material facts and relevant documents (rule 20 of the Rules).
Party	A person who can present evidence and arguments to the Tribunal.
Pre-hearing conference	Meeting that the Tribunal holds before the hearing to resolve administrative or procedural matters relating to the proceeding.
Postponement	A decision of the Tribunal to reschedule a hearing to a different date and time. This usually occurs before the hearing takes place.
Prima facie	At first glance; until the contrary is proven.
Privilege	A legal right to keep limited kinds of communications confidential and exempt from disclosure in proceedings, such as communications between solicitor and client.
Proceedings	An event or a series of activities involving a set procedure.
Proof of service	Evidence that a legal or official document has been delivered to the intended address or party.
Public sector	A term used to designate the federal public administration in the Act and which excludes members of the Canadian Forces, the Canadian Security Intelligence Service and Communications Security Establishment (s. 2 of the Act).

Reasons	The basis for a decision of the Tribunal.
Record of Appearance	A form on which a party provides confirmation of his/her name and address, as well as of the witnesses to be called during the proceedings. The parties are also to indicate, on this form, the kind of oath or affirmation that each witness prefers to take.
Registrar	Person responsible for the administration of the Registry and Tribunal personnel (ss. 20.8(2) of the Act).
Registry	Office that provides administrative support to the Tribunal and acts as a liaison between the parties and the Panel (ss. 20.8(1) of the Act).
Registry officer	A Registry employee assigned to every case before the Tribunal and who is the contact person between the parties to a proceeding and the Tribunal.
Remedy	An order requiring the employer or applicable chief executive to take or rescind a measure in favour of a complainant as a result of a reprisal, such as a return to duties or compensation (ss. (21.7(1) of the Act).
Reply	A written response in rebuttal to facts or issues that were raised in another party's statement of particulars.
Representative	A representative is someone chosen by a party to act on their behalf.
Reprisal	Any of the following measures taken against a public servant because he or she made a protected disclosure or, in good faith, cooperated in an investigation into a disclosure: a) a disciplinary measure; b) a demotion; c) the termination of employment, including, in the case of a member of the Royal Canadian Mounted Police, a discharge or dismissal; d) any measure that adversely affects employment or working conditions; and e) a threat to take any of the above measures (s. 2 of the Act).

Service	Service of a document is effected by: (a) delivering a copy of the document by hand to the person or, if the person is a partnership, corporation or unincorporated organization, to a partner, officer or director; or (b) sending a copy of the document to the person by email or fax or by mail to the person's last known address.
Sine die	An adjournment without any further scheduled dates.
Status quo	As is
Stay	A temporary suspension of a judgment by order of a tribunal or court.
Style of Cause	The heading of a document in legal proceedings that describes the names of the parties such as A (Complainant) v. B (Employer) and C (Individual Respondent).
Subpoena	Legal document that orders a person to appear at the hearing to testify.
Supra	Indicates the citation has been given above, or previously.

Testimony

Statements a witness makes under oath (or affirmation) at the hearing.

Verbatim	Word for word
Viva voce	Orally

Whistle blowing	The disclosure of wrongdoing (such as an illegal act, misuse of funds or an act or omission which threatens health, safety or the environment) by a person to the public or to a person in authority.
Will-Say Statement	A brief written summary (no more than a page long) of what a witness will say at the hearing, based on interviews with the witnesses. A will-say statement is exchanged between the parties as part of disclosure. It identifies the people, events and principal documents that will be introduced through the witness's testimony.
Wrongdoing	A contravention of any federal or provincial act or regulation, a misuse of public funds or a public asset, a gross mismanagement in the public sector, an act or omission that creates substantial and specific danger to the life, health or safety of person, or to the environment, other than a danger that is inherent in the performance of the duties or functions of a public servant, a serious breach of a code of conduct or knowingly directing or counselling a person to commit wrongdoing (s. 8 of the Act).