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Conduct Complaints
Anybody, whether they are a civilian or a member of the military and whether or not they were affected, may complain about the conduct of Military Police in the performance of “policing duties or functions.
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To help ensure an effective and fair investigation, it is desirable that complaints be made in as timely a manner as circumstances permit (Note: there is a one-year deadline, subject to reasonable extension on application to the Chair of the Commission). Persons considering making a complaint should know that they are not required to provide evidence in support of their allegations when filing complaints. Unlike a court action, the complaints process is not adversarial. The Canadian Forces Provost Marshal and the Commission will conduct their own investigations of the complaint and, in particular, they will obtain any Military Police or other Canadian Forces records necessary to investigate the complaint.
The Complaints about the Conduct of Members of the Military Police Regulations state that any of the following constitute “policing duties or functions
”:
- the conduct of an investigation;
- the rendering of assistance to the public;
- the execution of a warrant or another judicial process;
- the handling of evidence;
- the laying of a charge;
- attendance at a judicial proceeding;
- the enforcement of laws;
- responding to a complaint; and
- the arrest or custody of a person.
It should be noted that the regulations specifically exclude from the description of policing duties or functions “a duty or function performed by a member of the military police that relates to administration, training, or military operations that result from established military custom or practice.
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Under the legislation, the Provost Marshal is responsible for dealing with conduct complaints. The Commission monitors the Provost Marshal's handling and disposition of these complaints.
Informal Resolution
The legislation encourages the Provost Marshal to attempt, if appropriate and consistent with the regulations, and with the consent of both sides, to resolve conduct complaints in an informal manner.
If a complaint is informal, the Provost Marshal is required to prepare a written report of the details, to be signed by both sides, and provide notice of the informal resolution to the Chair of the Commission.
Status Reports
If the Provost Marshal's examination and/or investigation of a conduct complaint is not completed within 60 days, the Provost Marshal must provide a status report to both sides, and every 30 days thereafter, until the investigation is completed and the results have been reported to all concerned.
Time Limits
Normally, a complaint must be filed within one year of the incident in question. However, at the request of the complainant, the Chair can decide if it is reasonable in the circumstances to extend the time limit.
In applying for an extension of time to file their complaints, complainants should include as much detail as possible, including relevant dates and time periods, in explaining the reasons for the delay in bringing forward their complaint. The decision of the Chair of the Commission on a request for an extension of time to file a complaint is final, subject only to an application for judicial review in the Federal Court of Canada.
Chair's Review of the Complaint
After completing the investigation of a conduct complaint, the Provost Marshal must provide a written report of the findings to both sides.
If a complainant is not satisfied with the Provost Marshal's findings, he or she can ask the Commission to review the complaint. If so, the Commission is required to provide status reports as noted above.
This provision for review by the Commission also applies to conduct complaints that may be dismissed by the Provost Marshal on the grounds the complaint is “frivolous, vexatious, or made in bad faith,
” or that the complaint would be dealt with more appropriately under another legislated procedure.