Interference Case MPCC‑2020‑014 Summary

The Military Police Complaints Commission of Canada (MPCC) received a complaint of interference from a member of the Military Police (MP) concerning an order to delete a report about an interaction with a member who recently drove to a MP Detachment while suspected of being intoxicated. The complainant said the report could not be deleted and the order to do so was eventually rescinded. The complainant was the subject of a Unit Disciplinary Investigation, but that process ended with no negative findings. The complainant was clear that no criminal or disciplinary proceedings were contemplated concerning the member suspected of being intoxicated.

The MPCC concluded that this complaint did not fall within its jurisdiction. In terms of complaints about interference in a MP investigation, the MPCC derives its jurisdiction from subsection 250.19(1) of the National Defence Act. This subsection states that any member of the MP who conducts or supervises a MP investigation, or who has done so, and who believes on reasonable grounds that any officer or non-commissioned member or any senior official of the Department of National Defence has improperly interfered with the investigation may make a complaint about that person.

The complainant confirmed that there was no investigation of the allegedly intoxicated MP member that was brought to a halt by senior officers, nor was there any intention to pursue any kind of charges. There was, therefore, no investigation that was interfered with. Being ordered to delete a report has no connection to any ongoing investigation and, in any event, the deletion order was rescinded. As for the complainant being upset about being the subject of a Unit Disciplinary Investigation, this is a labor relations matter that falls outside the MPCC’s mandate. The MPCC therefore concluded that it had no jurisdiction over this interference complaint.

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