Conduct Case MPCC‑2022‑048 Summary

In November 2022, a Canadian Forces member filed a complaint alleging that the Canadian Forces National Investigation Service (CFNIS) withheld or disposed of exonerating evidence following a criminal investigation involving the Complainant. This investigation led the Director of Military Careers Administration (DMCA) to initiate an administrative review pertaining to the Complainant, during which he requested a copy of the criminal investigation report.

The Canadian Forces Provost Marshal's (CFPM) Office of Professional Standards concluded that this complaint fell outside of their investigative jurisdiction because the military police was not involved in the disclosure for the administrative process, and providing information to the DMCA is not related to a policing duty or function.

After review, the MPCC determined that the allegation did pertain to a policing duty or function, specifically the handling of evidence. However, the MPCC found insufficient evidence to support claims that CFNIS members withheld or disposed of exonerating evidence. The MPCC concluded that all investigative steps were documented in the report, and that the notes regarding the conversations with potential witnesses were clear, concise, and understandable. Nevertheless, the MPCC concluded that transcripts of witness interviews, had been destroyed, as no copies were retained in the file. The MPCC recommended that the CFPM remind the military police and other personnel in the Canadian Forces Military Police Group of the importance of retaining copies of all evidence on file, including interviews transcripts.

The Interim Report containing the finding and recommendation was sent to the CFPM. The CFPM refused to provide the required notice of action, interpreting the case outside of the MPCC’s jurisdiction. The MPCC deemed its finding and recommendation as not accepted by the CFPM. The MPCC’s review authority is not only mandatory, but can also cover any matter relating to the complaint. There is no exception for jurisdictional matters. Every assessment of a request for review implicitly includes an assessment of jurisdiction. When the MPCC finds that it has jurisdiction to review a complaint, it equally has the authority (indeed, the duty) to proceed with a determination of the complaint on its merits.

In its Final Report, the MPCC concluded that interview transcripts do indeed constitute evidence and are an integral part of the police file as stated in an existing military police order concerning the management of evidence and property. The MPCC stressed the importance of preserving evidence and the fruits of investigation, in accordance with the well-established rules of disclosure.

Date modified:

2024-11-28