Article 17
Charges, Trials and Appeals
(Note: A procedural guide is available to assist Local unions.)

17.02 General provisions

17.02.01 Any person who shall be subject to charges shall be judged in a just and impartial manner in accordance with the provisions of the Constitution of the Communications, Energy and Paperworkers Union of Canada;

17.02.02 Any charge shall be laid in the manner and form prescribed under provisions of this Article;

17.02.03 The accused and the person laying the charge shall have the right to be represented at all times and at any step by an advocate provided the latter is a member of the Communications, Energy and Paperworkers Union of Canada;

17.02.04 In the case where a hearing has to be held, the person laying the charge and the accused should be present, unless determined otherwise;

If the person laying the charge is absent the charge is deemed to be abandoned;

If the accused is absent, the hearing proceeds as scheduled;

17.02.05 A person who sat as a member of a Disciplinary Committee in any given case may not, in the same case, act as an advocate or sit as a member of an Appeals Committee in the same case;

17.02.06 Except for 17.03.03 and 17.06.03 of this Article, any time limits stipulated in this article may be extended by mutual consent of the accused and person laying the charges, or by decision of the appropriate authority should it deem it proper or for a reasonable motive;

17.02.07 Any matter of procedure shall be decided in accordance with the provisions of this Article and, in the absence of specific provision, in a manner deemed appropriate by the authority responsible for deciding on the charges;

17.02.08 Any decision issued by an authority shall be immediately enforceable until reversed by an appeal authority, as the case may be;

17.02.09 When a statement of charge has been laid against an officer of the Local Union, a member holding any office in the Local Union, or a business agent of the Local Union, the National Executive Board may, by its own authority, or upon request, if it so deems appropriate, suspend the accused from duties pending a decision of the Disciplinary Committee of the Local Union or, as the case may be, the decision of the general membership meeting of the Local Union;

17.02.10 No recourse may be sought because of actions performed in good faith under the provisions of this Article.