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Military Police Complaints Commission

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Annual Report 2002

TABLE OF CONTENTS

PART I: THE COMPLAINTS PROCESS

PART I
THE COMPLAINTS PROCESS

INTRODUCTION

The Military Police Complaints Commission has exclusive responsibility for reviews of conduct complaints and for dealing with complaints of interference. It is also responsible for monitoring how the Canadian Forces Provost Marshal deals with conduct complaints.

Anyone not satisfied with the Provost Marshal's disposition of their complaint about the conduct of Military Police members can ask the Commission to review the matter.

Further, the Commission Chairperson may at any time in the public interest, cause the Commission to investigate either a conduct complaint or an interference complaint.

Anyone, whether a civilian or a member of the military, and whether they were affected personally, may complain about the conduct of Military Police members in the performance of their “policing duties or functions” (see Annex F).

FILING A COMPLAINT

Both conduct and interference complaints can be filed orally or in writing, to the Chairperson of the Commission, the Provost Marshal or the Judge Advocate General. In addition, a conduct complaint may be filed with any member of the Military Police.

Under the legislation, complaints are to be acknowledged as soon as practicable after they are received. The person who is the subject of the complaint is also to be given written notice of the substance of the complaint as soon as practicable, except in cases where the Provost Marshal or the Chairperson believes that such notice could adversely affect or hinder their respective investigations.

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 resolved informally, the Provost Marshal is nonetheless required to prepare a written report of the details, to be signed by both sides, and notify the Chairperson of the resolution of the complaint.

TIME LIMITS

Normally, a complaint must be filed within one year of the incident in question. However, at the request of the complainant, the Chairperson can decide if it is reasonable in the circumstances to extend the time limit.

A second time limitation applies to complaints about incidents that occurred before the Commission's mandate came into force on December 1, 1999. Complaints about incidents before that date should be directed to the Canadian Forces Provost Marshal, who will deal with them according to the procedures in effect prior to the existence of the Commission.

CHAIRPERSON'S REVIEW OF THE COMPLAINT

After completing the investigation of a conduct complaint, the Provost Marshal must provide a written report to both sides summarizing the complaint, setting out the findings of the investigation, and any action that will or will not be taken as a result of the investigation.

The Provost Marshal's delegate, the Deputy Provost Marshal Professional Standards, usually writes these reports. This written report must also include notice of the complainant's right to ask the Commission to review the matter. If a complainant is not satisfied with the disposition of the complaint, he or she can ask the Commission to review the matter.

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.

INTERFERENCE COMPLAINTS

Military Police who conduct or supervise an investigation, or who have done so, can complain to the Commission about interference with their investigations by any Canadian Forces member of any rank, or by offcials of the Department of National Defence.

An interference complaint may include abuse of authority and intimidation.

INVESTIGATIONS IN THE PUBLIC INTEREST

The Commission's Chairperson may, at any time, cause the Commission to conduct an investigation, and, if warranted, hold a hearing on a complaint, even in cases where the complainant has withdrawn the complaint.

If it is a conduct complaint, this decision by the Chairperson relieves the Provost Marshal of the obligation to deal with the complaint. In 2002, the Commission published the Guide Governing Public Interest Investigations conducted by the Military Police Complaints Commission to assist anyone involved in such an investigation to better understand their role. (see Annex H)

HEARINGS

The Commission has substantial powers in the conduct of hearings, including administering oaths, compelling witnesses to give evidence under oath and to produce documents.

The Commission is also empowered to receive evidence and information, whether admissible in a court of law or not, subject to certain restrictions in the National Defence Act. Normally, hearings will be open to the public, although exceptions can be made when factors such as the administration of justice and national security are a concern.

Any person who appears before the Commission can choose to be represented by legal counsel at a hearing.

Procedures to be followed by all persons involved in a hearing before the Commission are set out in the Rules of Procedure for Hearings Before the Military Police Complaints Commission, S.O.R./02-241, which came into force in June 2002 (see Annex G).

REPORTS

Every request for review submitted to the Chairperson and each public interest investigation or hearing leads to two reports - Interim and final.

Interim Report

The interim report states the Chairperson's findings and recommendations or, if a hearing has been held, those of the Commission.

Normally, the interim report is submitted to the Minister of National Defence, the Chief of the Defence Staff or the Deputy Minister, depending on whether the complaint concerns a member of the military or a senior official in the Department, the Provost Marshal and the Judge Advocate General.

In the case of an interference complaint, the interim report is usually reviewed by the Chief of the Defence Staff, and for conduct complaints, the Provost Marshal, except in cases where they are the subject of the complaint, or are precluded from doing so for other reasons, for example, the principles of fairness and natural justice. In any event, the person who reviews the interim report must respond to the Chairperson and the Minister with a 'Notice of Action,' outlining any action that has been taken or will be taken with respect to the complaint.

While not binding, if there is a refusal to act on any of the Chairperson's findings or recommendations, the Notice of Action must provide an explanation for not acting.

Final Report

After considering the offcial written response to the interim report, the Chairperson prepares a final report of findings and recommendations. Copies of the final report are given to:

  • the Minister of National Defence;
  • the Deputy Minister of National Defence;
  • the Chief of the Defence Staff;
  • the Judge Advocate General;
  • the Provost Marshal;
  • the complainant;
  • the person who is the subject of the complaint; and
  • all persons who have satisfied the Commission that they have a substantial and direct interest in the complaint.
 

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Date Modified:
2003-12-21