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Annual Report 2006
Overview of the Military Police Complaints Commission
The Commission…
The Military Police Complaints Commission was established by the Government of Canada on December 1, 1999 to provide independent, civilian oversight of Canada's military police service. Although there are differences from one jurisdiction to another, the Commission is similar to the civilian agencies or police boards that oversee police services across Canada, the United States, the United Kingdom, and many other countries.
The Commission's mandate is found in Part IV of Canada's National Defence Act, which sets out how complaints about the conduct of military police and complaints of interference with military police investigations are to be handled.
What it does…
The Commission oversees the military police complaints process, ensuring it is accessible, transparent, and fair to all concerned. It operates independently from both the Canadian Forces and the Department of National Defence.
Although the recommendations contained in the Commission's reports are not binding, if the Canadian Forces or the Department chooses not to act on any or all of them, they must provide an explanation to the Commission in a Notice of Action.
The military police complaints process…
As described in detail below, the National Defence Act sets out different mechanisms for dealing with complaints about the conduct of military police and with complaints of interference in military police investigations.
The Canadian Forces Provost Marshal (CFPM) - the chief of the military police - has primary responsibility for the investigation of complaints about the conduct of military police. The Commission has the authority to monitor the investigation and disposition of these complaints by the CFPM, and to independently investigate complaints as appropriate, such as upon request of the complainant.
The Commission has exclusive jurisdiction for the investigation of complaints of interference in a military police investigation.
When the Chair determines it is in the public interest, the Commission can exercise its power to assume immediate responsibility for the investigation of a conduct complaint and, if warranted, to hold a public hearing.
“an effective review mechanism will have to be concerned with systemic failures and deficiencies as much as with the failures of individuals within the organization. Effective review should seek to reform and discipline systems, even where it would not be possible or fair to discipline individuals.
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The Hon. Dennis O'Connor
Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar
Adding value…
In addition to recommendations for the resolution of a particular case, the Commission's reviews and investigations frequently also conclude with recommendations for improvements to military police procedures or policies that could prevent situations that give rise to similar types of complaints in the future. In doing so, the Commission supports the military police in maintaining the highest standards of professional conduct, and assuring the integrity of military police investigations.
