Conduct Case MPCC‑2019‑000 Summary

This complaint arose from an error in updating the complainant’s information on the Canadian Police Information Centre database (CPIC), which is maintained by the RCMP. This error was first noted in early December 2018, when the complainant was held up at a Canadian airport while attempting to board a plane for the United States (US). The US Homeland Security agent had noted a record for a conviction for sexual assault from 2012 on CPIC. Only when the complainant was able to have his spouse bring a document attesting to the complainant’s acquittal at a re-trial was he allowed to board the flight.

The complainant was, however, displeased that the CPIC record of his 2012 sexual assault conviction had not been modified or deleted to reflect the 2014 appellate court decision overturning his conviction and ordering a new trial, as well as his subsequent acquittal at that new trial, in 2015.

In accordance with the complaints procedure under Part IV of the National Defence Act, the complaint was first addressed by the Canadian Forces Military Police Group’s (CF MP Gp’s) office of MP Professional Standards (PS).

PS determined that the Canadian Forces National Investigation Service (CFNIS) investigators involved with the complainant’s case had done their part by requesting the relevant CPIC updates from the Military Police National Resource Centre (MPNRC) – an office staffed entirely by civilians (Commissionaires). It appeared that any error that occurred was attributable to either personnel of the MPNRC or the RCMP office responsible for maintaining the CPIC database – none of whom were MPs.

After reviewing the relevant MP files and other requested material, the MPCC reached the same conclusion as PS. While there can be no doubt that an error was made, the error appears to have occurred at a stage in the CPIC process, which is beyond the control of MP members. As a result, the complaint was not substantiated.

The MPCC recommended that the verification of CPIC updates be added to the process for closing MP investigation files.

In response to the Commission’s Report, the Canadian Forces Provost Marshal accepted the MPCC’s finding and recommendation in this matter.

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