Interference Case MPCC‑2022‑055 Summary

This interference complaint involves an incident that occurred while the complainant was deployed outside Canada as part of a Canadian Armed Forces (CAF) overseas mission. While deployed, the complainant was a Military Police supervisor and reported to a Military Police officer holding the rank of Captain, who is the subject of this complaint.

During deployment, the complainant and one of his immediate subordinates investigated six CAF members suspected of violating the Task Force’s alcohol and cannabis policy, and of disturbing the peace by causing excessive noise.

The complainant stated in his interference complaint that the Captain repeatedly and persistently attempted to influence the charges to be laid at the conclusion of the investigation. The complainant considered this as improper interference with his investigation.

The Military Police Complaints Commission (MPCC) found that the interference complaint was not substantiated. The MPCC found that the Captain acted in accordance with the Canadian Forces Military Police Orders to ensure that the investigators had considered all of the factors required in exercising their discretion to lay charges, particularly justice, accountability and the broader interests of the CAF.

As the concerns expressed by the Captain during her discussions with the investigators were based on legitimate considerations, her conduct did not constitute improper interference. Military Police supervisors and officers occupy a privileged position in that, they can in the legitimate exercise of their supervisory authority, take actions that, if taken by someone outside the Military Police chain of command, may constitute improper interference.

In response to the MPCC’s report, the Chief of the Defence Staff (CDS) noted that, as there are no recommendations made by the MPCC in the report, no further action was required on this matter. The MPCC considers its finding as accepted by the CDS.

Date modified:

2023-11-22