Interference Case MPCC‑2021‑021/022 Summary

These two interference complaints were submitted by an MP in regards to the conduct of a fellow MP from the same MP unit.

Both complaints relate to the off‑duty conduct of a Military Police (MP) Corporal. Both complaints allege that the subject member deliberately misinformed the complainant MP investigator regarding important facts in the investigations, and thereby undermined the MP investigation into these incidents.

While these complaints may technically qualify as interference complaints, the Military Police Complaints Commission (MPCC) has determined that these issues would be better addressed by the subject's chain of command or the Canadian Forces Provost Marshal's office of Professional Standards or both.

The purpose of the interference complaint is to help protect MP investigations from improper interference in the investigative process by persons outside the MP chain of command; whereas the issues raised in these complaints undermine the efficacy of the relevant MP investigations, rather than MPs' investigative independence from outside influence. The impugned actions of the subject member are more akin to public mischief, or obstruction of police, than to interference.

Paragraph 250.35(2)(b) of the National Defence Act (NDA) gives the MPCC Chairperson the discretion to decline to deal with an interference complaint for certain reasons, including where the complaint “is one that could more appropriately be dealt with according to a procedure provided under another Part of this Act or under any other Act of Parliament…” In these complaints, the MPCC Chairperson considers that the relevant issues could be better addressed through criminal, disciplinary or administrative measures, including the enforcement of the Military Police Professional Code of Conduct.

For these reasons, pursuant to NDA 250.35(2)(b), the MPCC declines to investigate these complaints.

Date modified:

2021-10-05