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Annual Report 2006
Conduct Complaints
The Provost Marshal is responsible in the first instance for the investigation of complaints about the conduct of military police. These investigations are usually carried out by the Deputy Provost Marshal Professional Standards.
The Provost Marshal must notify the Commission when a complaint is received, and the Commission monitors the Provost Marshal's handling of the complaint. At any time during the process, if the Chair determines it is in the public interest, the Commission can assume responsibility for the investigation of a conduct complaint.
The complainant may request that the Commission review the complaint and how it was dealt with by the Provost Marshal. This review by the Commission is most often a new investigation of the complaint from a fresh perspective.
The Commission's independent review may uphold the findings of the original investigation, or it may lead to new findings, as well as recommendations for an effective and fair resolution of the complaint.
The Commission may also recommend changes to military police policies or procedures in order to prevent or avoid similar situations in the future.
CONDUCT COMPLAINT FILE
Anyone, including civilians, may file a complaint about military police conduct.
Informal resolution is encouraged.
COMPLAINT INVESTIGATED BY THE PROVOST MARSHAL
The Commission monitors the process and may, in the public interest,
assume responsibility for the investigation or call a public hearing.
REQUEST FOR REVIEW
If not satisfied by the results of the Provost Marshal's investigation, a complainant can ask the Commission to review the complaint.
COMMISSION REVIEWS THE COMPLAINT
At a minimum, this process involves a review of documentation related to
the Provost Marshal's investigation. It can also include interviews with
the complainant, the subject of the complaint, and witnesses, as well as reviews of relevant legislation, and police policies and procedures.
COMMISSION RELEASES INTERIM REPORT
Depending on the nature of the complaint, this report is sent to one or more of a number of senior officials in the Canadian Forces and/or the Defence Department.
NOTICE OF ACTION
The Notice of Action, the official response to the Interim Report, outlines what action, if any, has been or will be taken in response to the Commission's recommendations.
COMMISSION RELEASES FINAL REPORT
After considering the Notice of Action, the Commission issues a Final Report of findings and recommendations. Among others, copies of the Final Report are provided to the complainant and the subject(s) of the complaint.
Public interest investigation - What is it?
The Commission uses its power to assume jurisdiction over a conduct complaint only when the Chair of the Commission determines it is in the public interest to do so.
In exercising his statutory discretion, the Chair considers a number of factors including, among others:
- Does the complaint involve allegations of especially serious misconduct?
- Do the issues involved have the potential to affect confidence in military police or the complaints process?
- Does the complaint involve or raise questions about the integrity of senior military or Defence officials, including senior military police?
- Are the issues involved likely to have a significant impact on military police
- Has the case attracted substantial attention from the public or news media?
Commission to investigate case of Canadian sniper in Afghanistan
In 2006, for example, the Canadian media gave extensive coverage to the story of several members of the Canadian Forces who had been singled out for meritorious service as snipers in Afghanistan, but who later became the subjects of administrative actions as well as a lengthy investigation by military police.
At the request of the Chief of the Defence Staff, the treatment of the snipers was investigated by the Canadian Forces Ombudsman. With no mandate to investigate the actions of military police, the Ombudsman advised that this aspect of the complaint should be handled by the military police complaints process. A conduct complaint was subsequently received by the Commission.
Considering the complaints have gone unresolved for more than three years, the involvement of both the Chief of the Defence Staff and the Ombudsman, and the high profile of the case, rather than have the complaint investigated by the Provost Marshal, the Chair determined it would be in the best interest of all concerned, including the Canadian public, for the Commission to assume responsibility for the investigation of the complaint about the military police conduct.
