Tips for Being a Good Witness on the Stand in Front of a Canadian Regulatory Panel

Today, as I prepared for a presentation on testifying before a regulatory panel, I found myself reflecting on a few of the elements that make someone a good witness. Testifying, whether for a provincial regulator or for the defence, can be a nerve-wracking experience, but there are strategies that can help you approach the process with confidence. Drawing from my experience as both a certifying instructor of regulatory investigators and a member of a regulatory hearing and appeal panel, I’ve developed insights that I’d like to share with anyone who might be called to testify. The following tips will guide you through the process of preparing for and delivering testimony effectively, whether you're providing factual testimony or expert opinions.

1. Understand the Role of the Panel

A regulatory panel is tasked with assessing whether regulatory standards have been met, rather than determining criminal guilt. Whether you’re testifying on behalf of the regulator or the defence, it’s important to remember that the panel’s goal is to establish a fair and accurate understanding of the facts. Keeping this purpose in mind can help you stay focused during your testimony and avoid becoming defensive or overly emotional.

2. Prepare Thoroughly

Whether you are testifying as part of the regulatory body’s case or the defence’s, thorough preparation is critical. Review all relevant documents, notes, and reports before the hearing. If you’re testifying for the regulator, ensure you understand the investigative process and key evidence points. If you’re testifying for the defence, focus on the specific areas of concern or defence strategy. Regardless of which side you’re on, preparation helps ensure that you present the facts clearly and concisely.

3. Be Honest and Transparent

Credibility is essential to any testimony. Always be honest, even when the facts may not be favourable to your side. Panels value witnesses who are straightforward and candid, and any hint of dishonesty can undermine your testimony entirely. If you don’t know an answer, simply say so. Guessing or speculating can lead to inconsistencies that may damage your credibility, whether you’re representing the regulator or the defence. If you make a mistake during your testimony, correct it as soon as possible.

4. Stick to the Facts and Understand the Examination Process

Focusing on the facts is crucial for all witnesses. Both direct examination (also known as examination in chief) and cross-examination aim to bring out factual information. During direct examination, you will typically be asked open-ended questions that allow you to present your version of the facts, while in cross-examination, you may face more specific, often leading questions aimed at challenging your testimony.

In direct examination, the goal is to give you the space to explain the facts in your own words. Cross-examination, however, is designed to test your credibility and may involve more aggressive questioning. Stick to the facts during both types of examination, and avoid speculating or offering interpretations unless explicitly asked. Understanding these differences will help you stay focused and provide clear, concise answers.

5. Remain Composed and Professional

No matter which side you are testifying for, maintaining a calm and professional demeanour is crucial. Stay composed, speak clearly, and avoid reacting emotionally—even if you feel your testimony is being questioned or challenged during cross-examination. Presenting yourself as calm and professional not only helps convey your credibility but also shows respect for the panel and the process.

6. Listen Carefully to Questions

Regulatory panel hearings can be intense, especially during cross-examination. Listen carefully to each question before responding, and ensure you understand it fully. It is perfectly acceptable to take a breath after a question is asked and to formulate your response in your head before speaking. During direct examination, you will often be given the opportunity to tell your side of the story in more detail. In cross-examination, you may face more aggressive questioning aimed at undermining your testimony. In both cases, stay focused on the question being asked, and take your time to respond carefully. If you don’t understand a question, ask for clarification.

7. Body Language: Risks of Mirroring

Your body language can significantly impact how your testimony is perceived. Maintaining neutral, professional body language is critical. Avoid mirroring the body language or tone of the lawyer asking questions—this is a common subconscious reaction, but it can lead to appearing defensive or hostile, especially during cross-examination. Instead, focus on maintaining eye contact with the panel members and keep your posture open and neutral. Sitting up straight, avoiding fidgeting, and keeping your hands still can all project confidence and help reinforce your credibility.

8. Expert Witness vs. Lay Witness: Understanding the Differences

It’s also important to understand the difference between an expert witness and a lay witness.

Expert Witnesses

An expert witness is someone with specialized knowledge or experience in a particular field. They are formally accepted as an expert by the panel and are allowed to offer opinions based on their expertise. If you are testifying as an expert, your role is to not only present facts but also to provide analysis and opinions that help clarify complex issues for the panel. However, it’s crucial that your opinions remain within your recognized area of expertise.

Lay Witnesses

If you are a lay witness, your role is to provide factual information based on your direct knowledge and experiences. Unlike an expert witness, you are not allowed to offer opinions. Instead, focus on presenting clear, accurate facts without speculation or interpretation.

Understanding your role as either an expert or lay witness is essential for delivering testimony that aligns with the panel’s expectations.

9. Know Your Limits

No matter which side you are testifying for, it’s important to acknowledge your limits. If you don’t know the answer to a question or if a particular topic is outside your expertise, be honest about it. Attempting to answer questions beyond your knowledge can harm your credibility and weaken your testimony. This applies equally during direct and cross-examination.

10. Practice, If Possible

If you have the opportunity, practicing your testimony can help you prepare for the types of questions you’ll be asked. This can be particularly useful for witnesses who are less familiar with the process, whether they’re testifying for the regulator or the defence. Rehearsing your answers and getting used to the structure of a hearing will help you feel more comfortable and confident when it’s time to testify.

11. Respect the Process

Finally, always show respect for the process, the panel, and the opposing counsel. Whether you are testifying for the regulator or the defence, addressing the panel members appropriately, waiting for your turn to speak, and following the directions provided by the chair are all essential to maintaining a professional demeanour. Respect for the process helps reinforce your credibility and demonstrates your commitment to providing honest, fact-based testimony.

Whether you’re testifying for a provincial regulator or on behalf of the defence, these tips will help you present your testimony with confidence, clarity, and credibility. I’ve seen firsthand how vital good preparation, professionalism, and a clear understanding of the process can be in achieving a fair and just outcome. By focusing on these key elements, you’ll be better equipped to navigate the hearing process and contribute meaningfully to the panel’s decision-making.