CHAPTER 3
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EVIDENCE
3.7 Weight or Probative Value
3.7.2 The Weight To Be Given to Testimony
3.7.2.1 Ordinary Witnesses
3.7.2.1.3 The Role of the Tribunal
A court or tribunal may question a witness directly or ask him or her to explain or complete his or her testimony.551 Citation In Quebec, art. 318 C.P.C. states that "the judge may ask the witness any question he deems useful according to the rules of evidence." If most parties before it are not represented by a lawyer, an administrative tribunal is in a position to play an enhanced role and bring out more detail in the case so that its decision is well informed. It may even have to test the credibility of the witnesses rather than make a decision based on rather unreliable evidence. To preserve its own credibility, a tribunal should avoid being too credulous. We have mentioned that a tribunal chairperson or member must not ask leading questions or ask questions suggestive of bias. In one case,
one referee appeared to be accusing him rather than questioning him... The Board member did adopt an accusatorial attitude. His attitude is one that would raise a reasonable apprehension of bias... This constitutes a breach of natural justice. For the reasons given, the decision must be set aside.552 Citation
This shows how crucial it is for tribunal members to be objective and impartial when asking questions of a witness, even if the witness' answers are evasive, hesitant or outright contradictory.
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