Conduct Case MPCC‑2022‑050 Summary
The Complainant, a member of the Canadian Forces, was arrested by Ottawa-Carleton Transpo Special Constables for an alleged assault, prompting the military police (MP) to create a shadow file and notify his chain of command.
The Complainant alleged that two MP members fabricated information in their reports and that a third impeded his attempts to serve a subpoena and suppressed or delayed records requested via the Access to Information Act (ATIA).
The Office of Professional Standards (PS) of the Canadian Forces Provost Marshal (CFPM) reviewed the complaint in the first instance and found the first two allegations unsupported by the evidence. The last allegation about the ATIA was not found to be a police function.
The Complainant requested that the MPCC review PS’s treatment of his complaint claiming procedural unfairness because “findings were finalized without disclosure, without solicitation of representation and considered matters that were not within the scope of the complaint.”
In its assessment of this complaint, the MPCC concluded that procedural fairness was provided and that none of the allegations were supported by the evidence. While noting that Subject 3 could have been more helpful to the Complainant, the MPCC found no misconduct.
In response to the MPCC’s Interim Report, the CFPM noted that the MPCC’s findings were consistent with that of the Office of PS and that no identifiable action was required.
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