Conduct Case MPCC‑2023‑069 Summary (jurisdiction, release of information)

The complaint concerned the alleged release of audio and video recordings of witness interviews from a sexual assault investigation. The complainant wanted to know how the alleged victim legally accessed the recordings.

The complainant submitted documentation, including a response from the Director Access to Information and Privacy (DAIP), who denied his request to access the recordings under the Privacy Act. The CFPM dismissed the complaint, stating it was not related to military police duties or functions

After review, the MPCC determined it had no jurisdiction, as the release of the recordings was an administrative action under the Access to Information Act and the Privacy Act, and not related to policing duties or functions. Since the recordings were released by the CFNIS to the DAIP’s Information Release Section, and not handled as evidence by military police, it fell outside the MPCC’s jurisdiction.

The MPCC acknowledged the complainant’s dissatisfaction with the Deputy CFPM’s decision, which took over five months, but confirmed the complaint was resolved within the one-year limit set by the National Defence Act. The MPCC referred the complainant to the Office of the Privacy Commissioner of Canada regarding his concerns about potential privacy violations.

Date modified:

2025-03-25