Conduct Case MPCC‑2023‑010 Summary
A Canadian Forces member filed a complaint alleging that two military police officers conducted an unwarranted welfare check, at the request of her chain of command, and illegally entered her home without a warrant. She claimed that this incident was part of ongoing harassment by her chain of command and the military police, following her report of sexual misconduct. Additionally, she mentioned being diagnosed with post-traumatic stress disorder because of the sexual misconduct she endured in the Canadian Forces.
The Office of Professional Standards of the Canadian Forces Provost Marshal (CFPM) found that the military police had valid grounds for conducting the welfare check. They also found that, although the officers opened the door, they did not fully enter the complainant’s residence and decided no further investigation was necessary. In 2023, the complainant requested that the Military Police Complaints Commission (MPCC) review the case.
A welfare check involves police officers verifying the well-being of an individual when there are concerns about their physical or mental health. Even when they are conducted in good faith and in accordance with the lawful duty of the responding police officers, welfare checks can have unintended harmful consequences.
After review, the MPCC determined that the welfare check was justified and that the conduct of the officers was reasonable in the circumstances. The military police performed the welfare check because they had reasonable grounds to suspect that the complainant’s safety was at risk. This suspicion was based on several factors: her week-long lack of communication, the presence of her vehicle, a barking dog, and the absence of visible signs of life. Given these circumstances, the military police believed that entering the complainant’s home was necessary to protect her life.
The MPCC concluded that one officer’s action of opening the door did infringe upon the complainant's privacy, but that it was justified to ensure the complainant’s safety. The MPCC further concluded it would have been preferable for the military police to explore less intrusive methods to ascertain her well-being first, for example calling the complainant would have been less intrusive, and could have satisfied any concern for her safety.
The MPCC recommended improvements to military police procedures. These include establishing a national policy on welfare checks, providing clear guidance on warrantless entries, and adopting a trauma-informed approach. The MPCC also recommended that the CFPM ensure military police officers are familiar with legal principles related to warrantless entries into dwellings and that they review all relevant records before conducting welfare checks whenever possible.
The CFPM has agreed to take the following actions in response to the MPCC’s report:
- Develop a national policy on wellness checks to provide a framework for responding officers. It will address when and how checks should occur, including guidelines on warrantless entries, the documentation of ‘exigent circumstances’ in their notes, and the importance of mitigating potential harm to vulnerable individuals. Additionally, it will emphasize the need for a trauma-informed approach.
- Implement new procedures for handling requests for welfare checks to ensure that the military police have all necessary information to carry out these checks effectively. Before responding to a request for a welfare check, military police will conduct a thorough review of their records to assess prior interactions with the individual concerned. They will also contact the requester and review available documentation unless urgent circumstances necessitate immediate action for safety reasons.
- Review the Canadian Forces Military Police Orders, including those related to warrantless entries into dwellings.
The MPCC is hopeful that the implementation of these recommendations will enable the military police to find the right balance and establish effective and trauma informed policies, training, and procedures for responding to individuals in crisis and handling requests for welfare checks.
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