Conduct Case MPCC 2020‑032 Summary

In 2020, the complainant stated that two military police members threatened her with child abduction charges related to a custody court order regarding her children. She contended that the court order was not applicable as she and her ex-husband had reached a different arrangement via WhatsApp messages, which the military police members reportedly ignored. The Office of Professional Standards of the Canadian Forces Provost Marshal found the allegations unsubstantiated. In 2023, the complainant requested that the Military Police Complaints Commission (MPCC) review the case.

The MPCC determined that while the military police member did not intend to charge her, his mention of potential criminal charges could have been perceived as a threat. However, they were enforcing a valid court order within their jurisdiction. While the military police member mentioned “child abduction” in relation to the offence, he never stated that he intended to charge her with it. Further, there was no evidence of aggression in the military police member’s statement.

The MPCC concluded that it was reasonable for the military police to warn the complainant about potential legal consequences of her non-compliance. However, the MPCC noted that the military police member should have reviewed relevant military police policies regarding family court orders to ensure his actions were consistent with established protocols. Since he has since reviewed these policies, the MPCC decided no recommendations were necessary.

In addition, the MPCC determined that while the WhatsApp messages were acknowledged, they were irrelevant due to the legally binding court order. Informal agreements such as those in WhatsApp messages do not override a legally enforceable custody court order. Therefore, the MPCC found the military police member’s conduct consistent with his legal obligations.

Date modified:

2024-08-12