Conduct Case MPCC‑2022‑027 Summary

A complaint was filed on July 5, 2022 regarding an administrative decision the Canadian Provost Marshal  (CFPM) made in his capacity as the Initial Authority as part of the grievance process. The administrative decision disallowed the complainant’s participation in a Close Protection Operator Course.

The Office of the Chief of Defence Staff (CDS) decided not to investigate the complaint. The complainant filed a request for review with the Military Police Complaints Commission (MPCC) as both a conduct and an interference complaint.

Upon review, the MPCC determined that it could not investigate the matter as either a conduct or interference complaint for the following reasons.

The CFPM’s decision was not in the performance of any of the duties and functions as defined in s. 250.18(1) of the National Defence Act  (NDA) and therefore did not fall under the MPCC’s jurisdiction to review as a conduct complaint. Further, as the complainant was not “a member of the military police who conducts or supervises a military police investigation, or who has done so” as defined in s. 250.19(1) NDA, they were not eligible to file an interference complaint.

The complainant already filed a grievance with the Military Grievance External Review Committee and had been in contact with the office of the Department of National Defence Ombudsman, and also referred allegations of a criminal offence to the Canadian Forces National Investigative Service. The MPCC was therefore satisfied that the complainant was aware of and had access to possible resources to address his complaint.

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