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Annual Report 2007 - Raising the Bar
Monitoring and investigations
In 2007, the Commission monitored the CFPM's investigation of 30 new complaints about military police conduct. The Commission also received eight requests for review of the CFPM's handling of conduct complaints and investigated accordingly. Two public interest investigations were undertaken in 2007. There were no new complaints of interference received by the Commission in 2007 although it did complete work on an interference complaint begun in 2006.
The 27 reports prepared by the Commission in 2007 included eight interim and 19 final reports, among which was the lengthy report on the Commission's first public hearing. The number of recommendations increased substantially in 2007. One hundred per cent (100%) of the Commission's recommendations were accepted by the Canadian Forces Provost Marshal or the Chief of the Defence Staff, as was the case in 2006.
The following table highlights, on a four year comparative basis, the Commission's investigation activities.
| Activité | 2004 | 2005 | 2006 | 2007 |
|---|---|---|---|---|
| Conduct Complaints Received | 46 | 52 | 35 | 30 |
| Interference Complaints Received | 2 | 1 | 2 | 0 |
| Reviews Commenced | 8 | 5 | 9 | 8 |
“Public Interest” Investigations/Hearings Initiated |
2 | 1 | 3 | 2 |
| Other Requests for Service | 14 | 14 | 17 | 17 |
| Files Opened | 72 | 73 | 66 | 57 |
| Interim Reports | 4 | 11 | 4 | 8 |
| Findings on Interim Reports | 73 | 105 | 24 | 34 |
| Recommendations on Interim Reports |
21 | 20 | 11 | 35 |
| Final Reports | 4 | 12 | 11 | 19 |
| Findings on Final Reports | 58 | 138 | 39 | 53 |
| Recommendations on Final Reports | 15 | 22 | 9 | 42 |
| Percentage of Recommendations Accepted |
33 % | 67 % | 100 % | 100 % |
| Reports Issued | 8 | 23 | 15 | 27 |
How the Commission Carries out its Review/Investigation of Conduct Complaints
In response to a request from a complainant for a review, the Commission follows the steps described below:
- A Commission lawyer does a preliminary review of the request for review and then briefs the Chair, who then determines how to respond to the request: for example, whether to extend the timeframe limitations, whether to proceed with an investigation, and how to approach the investigation.
- A lead investigator is assigned and, with a Commission lawyer, reviews the evidence and other materials gathered during the Canadian Forces Provost Marshal's investigation of the complaint - this could be hundreds of pages of documents, e-mails, handwritten notes and reports, and many hours of audio and video interviews with witnesses.
- The lead investigator then prepares an Investigation Plan, setting out the goals, timelines and budget for the investigation, as well as the lines of inquiry to be pursued, all of which must be approved by the Chair or assigned Member of the Commission.
- The lead and an assisting investigator, in consultation with Commission legal counsel and the assigned Commission Member, then conduct a detailed examination of the material from the CFPM; review any relevant legislation, policies and regulations; and arrange and conduct interviews with witnesses.
- The investigators write a comprehensive report on the investigation, which is reviewed by a Commission lawyer and then submitted to the Chair or Commission Member assigned to the case.
- Subject to any necessary further enquiries, the Commission then issues an interim Report of findings and recommendations, which goes to the Minister and officials in the Canadian Forces and/or the Department of National Defence. (See box on page 8 for further description of the next steps).
