Conduct Case MPCC‑2017‑047 Summary
A former Canadian Forces member complained in 2017 that a military police member did not investigate multiple assaults he reported and shared his personal information. In 2019, the Office of Professional Standards of the Canadian Forces Provost Marshal (CFPM) found the allegations to be unsubstantiated. In 2022, the complainant requested that the Military Police Complaints Commission (MPCC) review the case, claiming that the military police member had lied during the Professional Standards investigation.
After review, the MPCC determined that the subject military police member unreasonably exercised discretion by not investigating one of the allegations of assault, failed to document the complaint and did not provide updates to the complainant. However, the MPCC found that the decision not to investigate the other assault allegations was reasonable.
Additionally, the MPCC concluded that the allegation regarding the improper sharing of information fell outside its jurisdiction. Lastly, the MPCC could not address the allegation that the subject military police member lied during the Professional Standards investigation because he had retired from the Canadian Forces prior to the Professional Standards investigation. MPCC jurisdiction is limited to the actions of credentialed military police members.
The MPCC recommended that the CFPM remind military police members about the importance of documenting interactions with complainants and all investigative activities. The CFPM in his notice of action noted that steps were already taken in January 2019 to ensure proper documentation. He also asserted that the MPCC has no jurisdiction to determine whether the action of the military police constitutes a breach of the Military Police Professional Code of Conduct or to review investigations related to it, citing paragraph 18.4 (d) of the National Defence Act, which assigns the CFPM responsibility for such investigations.
In its final report, the MPCC concluded that the CFPM’s special responsibility to enforce the Military Police Professional Code of Conduct does not lessen its importance as a source of norms and standards for military police conduct. It should therefore inform and guide the decisions of any body, including the MPCC, courts, and other tribunals, when evaluating military police conduct.
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