2021 Annual Report | Together in a New Reality

I – Past Chairperson's Message

This year, the theme of our Annual Report is "Together in a New Reality".

2021 featured many challenges, opportunities, changes and renewal – perhaps more so than in any other year of the Military Police Complaints Commission of Canada (MPCC)'s history – all of which have the potential to transform the military justice and policing system and usher in a "New Reality".

A key element of our new reality has been our continued efforts to meet the significant challenges posed by the Coronavirus (COVID‑19) pandemic. As in 2020, the MPCC and its personnel have continued to adjust and adapt the way we do business in fulfilling our mandate.

I have continued to be amazed at the level of commitment and resilience demonstrated by the MPCC staff. Like in the rest of the country (and indeed, the world), the MPCC has continued to deal with the unprecedented challenges which we, as a nation, have faced together – in both our professional and personal lives.

Yet, while we are still in the grips of a global public health crisis of historic dimensions, a crisis of a different nature has continued to unfold. I am referring here to the crisis of public confidence in policing and, to some extent, police oversight as well. This is also part of the new reality.

Police oversight in Canada is well established. Indeed, Canada is seen by many to be a world leader in this field. However, we cannot allow ourselves to become complacent. There is too much at stake: confidence in public institutions once lost is hard to regain.

As police services continue with their efforts for improvement and renewal, independent civilian oversight can be a key ally for police in helping them to maintain and, in some cases, rebuild, the public's confidence or trust.

The Canadian Armed Forces has also been going through its own crisis of confidence, and leadership, in their ongoing battle against sexual misconduct. Despite the 2015 Deschamps Report and launch of Operation HONOUR, the current perception is that little has changed. This has led to yet a further study of the problem of the military's sexualized culture, launched in 2021: the Independent External Comprehensive Review into harassment and sexual misconduct in the Department of National Defence and the Canadian Armed Forces. This review is headed by former Supreme Court of Canada Justice, Louise Arbour, and is expected to report by Fall 2022.

The Military Police have not been exempt from the challenges facing the broader Canadian Armed Forces on this front. In the past few years, but especially in 2021, the military justice system and military policing have been under considerable scrutiny and criticism for the handling of allegations of sexual misconduct within the ranks of the Canadian Armed Forces. Concerns raised about military police performance regarding sexual misconduct have tended to focus on questions about military police competence and independence: the very attributes which the MPCC's oversight mandate is meant to strengthen and support. The MPCC's role, and its capacity to fulfill it, has never been more vital to Canadian military policing.

Additionally, in the spring of 2021, news stories circulated about allegations of regular interference in military police investigations. The MPCC immediately reached out to a former Canadian Forces National Investigation Service investigator who had shared his concerns with the news media. Upon learning of these allegations, the MPCC became concerned with the apparent discrepancy between these reports by former and serving Military Police members and the small number of interference complaints received by the MPCC.

In response, the MPCC proactively organized (with the cooperation of the Canadian Forces Provost Marshal) a series of virtual 'town hall' sessions on interference with Military Police members from all over Canada and around the world. The goal was to: enhance awareness of what constitutes a valid interference complaint; gain insight into the apparent under-reporting of improper interference; and discuss constructive ways that might avoid the need to make an interference complaint. We discussed how Military Police members can try to prevent or counter potential interference before a formal complaint becomes necessary. The emphasis here was on prevention and education of non-Military Police members regarding the problem of interference. These virtual 'town-hall' sessions were well attended and well received by the military police community.

This issue also reminds us of the truism that the mere establishment of an independent complaints body, while a vital first step, is not a definitive "fix" for a police service's need for civilian oversight and accountability. Police oversight is not a destination, but a journey.

There are, however, certain legislative attributes which can make that journey more productive and meaningful. In this respect, effective and credible civilian oversight of police depends significantly on certain structural attributes, such as:

1. The independence of the external police oversight body from the police service that is the subject of the oversight; and
2. Clear and robust authorities to access information and records which the oversight body considers relevant to its mandate.

Not only must an external police oversight body have the above attributes, in fact, it must also be perceived by the community as having them. Like justice, independent and robust police oversight and accountability must not only be done but must be seen to be done. Public trust in policing requires public trust in police oversight.

A number of other very complex and voluminous complaint reviews and investigations were also concluded in this reporting period. Against the backdrop of all of these activities, the MPCC also experienced a 30% increase in its caseload.

As the title and theme of this annual report, in addition to moving toward a new era of oversight by the MPCC, the year 2021 was also about moving forward "together".

In that connection, I wish to acknowledge that the accomplishments of 2021 were very much the result of a team effort.

I also want to acknowledge the professional and respectful cooperation from Brigadier-General Trudeau, and the rest of his Canadian Forces Military Police Group team, with whom we have continued to foster a productive, and mutually supportive relationship. One example of such collaboration between the MPCC and the Canadian Forces Provost Marshal is the successful establishment of an informal resolution procedure for conduct complaints.

On a personal note, I must add that a new era for the MPCC has begun with the end of my term as MPCC Chairperson. This is my last MPCC annual report. Once again, a big "thank-you" to the MPCC team which I have had the privilege of leading these past six years, and also to our colleagues in the Canadian Forces Military Police Group.

In closing, I would like to thank Commission Member, Bonita Thornton, for accepting the challenge of serving as Interim Chairperson of the MPCC. I start the next phase of my journey knowing that the MPCC is in good hands.

Original signed by

_____________________________
Hilary C. McCormack, LL.B.
Fellow Litigation Counsel of America
Past Chairperson

II – Interim Chairperson's Message

The year 2021 has been an especially challenging year for the MPCC – a challenge to which the MPCC has risen with its professionalism and dedication. The MPCC's ability to navigate through these challenges is, in no small way, attributable to the leadership of the preceding Chairperson, Hilary McCormack.

In addition to its continuing efforts to respond to the COVID‑19 pandemic, 2021 saw the MPCC deal with a 30% increase in its caseload. Moreover, for part of that year, the MPCC was conducting four public interest investigations concurrently. One of these investigations was initiated by the MPCC itself, the first time it has ever done so.

Ms. McCormack also led the MPCC in its successful participation in the Third Independent Review of the National Defence Act. In its April 2021 Report to the Minister of National Defence, the Independent Review Authority (former Supreme Court Justice Morris Fish) endorsed many of the MPCC's key proposals for strengthening its capacity to provide effective and credible oversight of military policing.

The MPCC has been heavily engaged with the Office of the Canadian Forces Provost Marshal, the Office of the Judge Advocate General and other key stakeholders in establishing a plan to implement the recommendations of Justice Fish's report. This advance consultation of the MPCC is unprecedented and is a further testament to the good working relationship that has been developed with our colleagues in the Office of the Canadian Forces Provost Marshal.

Once these important changes from Justice Fish's Report are adopted, and in particular those which promise greater access to relevant information for the MPCC, this will usher in a new reality for military police oversight.

In addition to all the activity outlined previously, the MPCC has had a very productive year in its treatment of complaints, which of course is our main focus. In 2021, the MPCC completed Interim Reports in three of the four outstanding MPCC Public Interest Investigations. In two of these public interest cases, Final Reports were also issued. In one of these cases, the MPCC felt that a military police call for service and investigation was so flawed, and the issues raised by the incident so serious, that, for the first time in its 22‑year history, the MPCC itself initiated a conduct complaint, which was then converted into an MPCC Public Interest investigation. Each of these cases will be discussed in detail in the body of this annual report.

This past year, the MPCC bid farewell to Commission Member Michel Séguin who served as a Commission Member for seven years including a period as Interim Chairperson. In 2021, the MPCC also welcomed two new Commission Members, Leslie-Anne Wood and Mark Ferdinand, to the team. Ron Kuban continued to serve as Commission Member for the entire year. I am grateful for their support and many contributions to the MPCC.

As noted earlier, our achievements reflect a full-team effort by the dedicated, professional and resilient staff of the MPCC. I was most gratified to see that the MPCC had regained the top spot, in the 2020 annual Public Service Employee Survey, as a workplace of choice amongst all federal government departments and agencies.

My top priority as Interim Chairperson is to preserve and build upon these achievements. With the strength and support of the MPCC team, with whom I have already been working as a Member of the Commission, I have every confidence that this goal can be realized.

Our achievements reflect a full-team effort by the dedicated, professional and resilient staff of the MPCC.

Original signed by

_____________________________

Bonita Thornton, B.A., LL.B., CD
Interim Chairperson

I – Military Police Complaints Commission of Canada

The MPCC was established on December 1, 1999 by the Government of Canada to provide independent civilian oversight of the Canadian Forces Military Police. This was achieved through an amendment to the National Defence Act (NDA) creating a new Part IV, which sets out the mandate of the MPCC and how complaints are to be handled. As stated in Issue Paper No. 8, which accompanied the Bill that created the MPCC, its role is "… to provide for greater public accountability by the military police and the chain of command in relation to military police investigations."

You will find more information about the MPCC, its mandate, mission and the Military Police on our website:

• About Us
• Mission Statement – Mandate, Mission, Vision and Values
• Organizational Background
• The Canadian Forces Provost Marshal and the Military Police

II – The Complaint Process

The MPCC has exclusive responsibility to examine interference complaints. Conduct complaints are dealt with by the Canadian Forces Provost Marshal (CFPM) in the first instance during which time the MPCC is responsible for monitoring these complaints. Any complainant not satisfied with the CFPM's disposition of a conduct complaint, can ask the MPCC to review their complaint and the way it was handled. In addition, the MPCC's Chairperson may, at any time, initiate a Public Interest Investigation or Hearing of either a conduct complaint or an interference complaint. The illustration on the following page sets out the steps in the complaints processes. In addition, more information on our complaint process is on our website under the following sections:

• How to Make a Complaint
• Complaints Process
• Forms

Third Independent Review of the National Defence Act

Between November 5, 2020 and April 30, 2021, former Supreme Court of Canada Justice Morris Fish and his team (the Independent Review Authority), conducted a third independent review of the National Defence Act (NDA).

The Report of the Third Independent Review Authority dated April 30, 2021 was tabled in Parliament by the Minister of National Defence on June 1, 2021. The Minister of National Defence indicated that the Independent Review recommendations were accepted in principle by the Government.

On January 7, 2021, the MPCC submitted extensive proposals for legislative change (24 distinct items in total) intended to improve the effectiveness and fairness of the military police complaints process, and to enhance the independence of the Military Police from potential interference by the senior leadership of the Canadian Armed Forces or the Department of National Defence. The MPCC also provided background briefings and answered various queries from the Third Independent Review Authority.

The major thrust of the MPCC's submissions was to enhance the MPCC's authority to obtain relevant information. Too much of the MPCC's ability to access information relevant to its mandate is dependent on the voluntary cooperation from the CFPM and other elements of the broader Department of National Defence. Although the CFPM is usually cooperative in this regard, reliance on voluntary cooperation is contrary to basic principles of independent oversight. Such a voluntary disclosure process could undermine confidence in the MPCC as an oversight or "watch dog" body. This, in turn, can diminish public confidence in the Military Police.

In general, the MPCC's key proposals in the area of its access to information were either definitively accepted by the Government or were identified for further discussion with the MPCC and the relevant governmental stakeholders. Even in the areas where further discussion and consultation were recommended by the Review Authority, the latter indicated that it was favourably inclined toward the relevant MPCC proposal. The Third Independent Review Authority also accepted the related principle that the relevance of information requested by the oversight body (in this case, the MPCC) should be determined by the oversight body and not by the institution that is subject to the oversight.

The Department of National Defence has already been implementing a key MPCC proposal adopted by the Third Independent Review Authority: that the MPCC be consulted on proposed legislation when it relates to the military police complaints process or the MPCC itself. The MPCC is pleased to note that it has been working closely with the CFPM, the Judge Advocate General, and their representatives, on the implementation of the Third Independent Review Authority recommendations in areas relevant to the MPCC and its mandate.

The MPCC looks forward to continued collaboration with Departmental stakeholders in the improvement of the military police complaints process through the implementation of Justice Fish's report.

I – Monitoring and Investigations

The following table highlights the MPCC statistics on a four-year comparative basis from 2018 to 2021. The table cannot fully reflect the increase in the complexity and scope of the types of complaints the MPCC handles, nor accurately predict when complex complaints will be referred. While there are standard procedures followed on each file, many follow unique paths considering the specific circumstances. For example, in the Registrar Public Interest Investigation (PII) file the MPCC self-initiated a complaint for the first time, and in the PII into Anonymous Complaint (Treatment of Detainees) file additional steps were required due to the anonymity of the complainant.

II – Public Interest Investigation into Anonymous Complaint (Treatment of Detainees) – Final Report released

Following a comprehensive PII, the Military Police Complaints Commission (MPCC) made 13 recommendations to improve military police investigations after receiving a complaint into the treatment of detainees in Afghanistan.

The MPCC's report is in response to an anonymous complaint received in 2015 alleging that Military Police members had abused Afghan detainees at Kandahar Airfield (KAF) in Afghanistan during a training exercise in 2011. The complaint also alleged that the Canadian commander at KAF ignored the charges that were submitted to him following an investigation by the Canadian Forces National Investigation Service (CFNIS).

In the initial phase of its investigation, the MPCC reviewed more than 3,000 pages of documents and numerous audio and video recordings that were disclosed by the Canadian Forces Provost Marshal (CFPM). This led to a determination that the scope of the PII would be limited to making findings and recommendations about the allegations related to the CFNIS investigation and decision not to lay charges.

The MPCC had to overcome a number of difficulties in completing its investigation. Because the complaint was submitted anonymously, the MPCC could not contact the complainant for clarifications on various issues related to the complaint, nor could it assess the complainant's credibility. In order to ensure that it reconciled differing accounts of the events that occurred, the MPCC conducted interviews with more than 70 witnesses across Canada, as well as with the six Military Police members who were identified as subjects of the complaint.

While the allegations in the complaint were found to be unsubstantiated, the MPCC did identify a number of deficiencies in the investigation into the 2011 training exercise conducted by the Military Police.

The deficiencies included the selection and lack of supervision of the lead investigator and the lack of adequate support for him; the lack of investigation planning, the selection of witnesses, poor interview planning and a failure to identify conflicts of interest.

The MPCC's 13 recommendations relate to a number of identified deficiencies, including note-taking practices during investigations, preparations for witness interviews, the need for a better system for the repatriation and storage of military police files following the end of an overseas operation, and improvements in communications between military police investigators and regional military prosecutors.

The MPCC also recommended that the Department of National Defence take steps to have the National Defence Act (NDA) amended to allow the MPCC to access legal advice sought and received by military police. However, access to such privileged information would only be needed when it is critical to deciding the complaint. Access to such privileged information has been given to the Civilian Review and Complaints Commission (CRCC) for the Royal Canadian Mounted Police (RCMP), a body with a very similar mandate to that of the MPCC. This recommendation by the MPCC is consistent with submissions which were made to retired Supreme Court of Canada Justice Morris Fish in his recent review of the military justice system.

In his Notice of Action, the CFPM accepted all of the MPCC's findings. Of the 13 recommendations made by the MPCC, six were accepted, six were not accepted, and the CFPM deferred responding to one of the recommendations, recommendation #12, to the Minister of National Defence to whom the recommendation was addressed. At the close of 2021, the MPCC continued to await a response from the Minister in relation to recommendation #12. The MPCC intends to re-issue its report once the response from the Minister is received.

Visit our website to see the Final Report.

III – Public Interest Investigation into a Historical Complaint Alleging Torture and Abuse of Former Canadian Armed Forces Members During Their Training – Final Report Released

Following a PII, the MPCC found that a military police conduct complaint regarding the adequacy of a CFNIS investigation into historical allegations of torture and abuse of former members of the Canadian Armed Forces are not substantiated.

The allegations were made by a participant in training exercises at the Infantry Battle School at Canadian Forces Base (CFB) Wainwright between October 1983 and March 1984. The complainant, Jeffrey Beamish, alleged that he and 32 other recruits were stripped naked, placed in small prison cells and sprayed repeatedly with cold water while the window to the cells was kept open during sub-zero temperatures in February. They were also subjected to interrogation under a cold shower that went on for several hours.

The recruits were denied access to food or drink, as well as sanitary and toilet facilities. Mr. Beamish and a number of the former trainees have stated that they now suffer from Post-traumatic stress disorder as a result of the exercise.

The complaint was filed with the MPCC in December 2016. Following a preliminary review of material related to the case, MPCC Chairperson Hilary C. McCormack decided to conduct a PII into the complaint in April 2018.

The MPCC interviewed 40 witnesses during its investigation, which found that the training exercise took place, more or less as alleged by the complainant. The investigation determined that the exercise was not an officially authorized part of the Battle School training and that it was not in keeping with basic infantry training standards at the time.

In addition to the primary allegation, that the CFNIS conducted an inadequate investigation into his claims of torture and abuse, Mr. Beamish made four other allegations related to the CFNIS investigator's handling of the underlying criminal investigation. The PII determined that all five allegations were unsubstantiated, however the MPCC made five recommendations designed to improve military police investigations and oversight.

The PII determined that a Regional Military Prosecutor advised the CFNIS that charges under the Code of Service Discipline of the NDA would not be possible because of the limitation period for military offences in force at the time of the training exercise with respect to military offences. Subsequently, a provincial Crown Attorney in Alberta was consulted, and advised the CFNIS that there was not a reasonable prospect of conviction in respect of any applicable criminal offences.

After considering the advice of both the military and the civilian prosecutors and considering the totality of the evidence, the lead CFNIS investigator and his superiors determined that charges would not be laid.

In its Final Report, the MPCC made three recommendations to the CFPM and two to the Minister of National Defence that address a range of issues:

IV – Registrar Public Interest Investigation

On October 20, 2020, Chairperson Hilary McCormack decided that the MPCC would conduct a PII into a complaint concerning the actions of the Military Police Kingston Detachment in relation to military police investigations involving Officer Cadets at the Royal Military College of Canada (RMC). This is the first PII to be launched concerning a complaint initiated by the MPCC itself.

The public interest considerations present in this case included the systemic issues raised around suicide and the safety of complainants, the seriousness of the questions concerning the criminal harassment and sexual offences investigations, and the risk of potential negative perceptions that may have an impact on confidence in the Military Police or even discourage potential victims or complainants from coming forward.

The MPCC investigated whether the Military Police members who came into contact with a member of the Canadian Armed Forces who was suffering from a mental illness took reasonable steps in the circumstances to address the situation. This PII looked into whether Military Police members who were furnished with an allegation and evidence concerning a situation that appeared to amount to criminal harassment conducted a reasonable investigation into the matter.

Further issues addressed are whether Military Police members who were told by a complainant that she feared for her safety from a man harassing her took reasonable steps in the circumstances and whether the investigation into sexual offences allegedly committed by the female Officer cadet was reasonably conceived and carried out. Finally, the PII probed whether there was adequate oversight in this matter provided by supervisory Military Police members.

The MPCC started to interview witnesses on November 30, 2020 and in December 2020 the subjects were notified of their involvement and provided with opportunities to provide their input. Interviews concluded on July 21, 2021. On September 29, 2021 the MPCC submitted its Interim Report setting out its findings and recommendations to the CFPM and to the Minister pursuant to s. 250.39 of the NDA. At the close of 2021, the MPCC was awaiting the Notices of Action pursuant to s. 250.49 and s. 250.51 of the NDA. Following the receipt of the Notices of Action, the MPCC will issue its Final Report which will be made public on its website.

V – Public Interest Investigation into Military Police Unit's Handling of an Investigation Involving one of its Members

The MPCC is conducting a PII into the handling of an investigation by a Military Police Unit (MPU) into one of its own officers.

On March 10, 2021, a Military Police officer (MPO) who appeared to be intoxicated, attempted to drive home with the MPO's children after leaving a restaurant. The Military Police officer put the children in the car, however bystanders believing the MPO to be intoxicated intervened and prevented the MPO from getting in the car.

The local Police soon arrived on scene. When they learned that the person involved was a Military Police member, the local MPU was advised and one of their members attended the scene. The local Police elected to waive jurisdiction over the incident in favour of the Military Police members.

Members of the MPU soon became concerned over the way the case was allegedly handled by the unit commander and the sergeant-major for the following reasons:

• Alterations were made to the Military Police investigator's electronic investigation report without the investigator's knowledge or agreement.
• The MPU commander and the sergeant-major repeatedly advised the investigator that charges would not be laid regarding the incident.
• Failure to report the incident to the CFNIS, who have jurisdiction to investigate offences by Military Police members.
• Failure to report the incident to the Office of Professional Standards of the CFPM.
• Subordinate MPU members were directed to not report the incident and threatened those who did so with reprimands and/or being posted to an MPU in another region of the country.

On the basis of these concerns, members of the MPU filed interference and conduct complaints with the MPCC in late April 2021.

A further related interference complaint was filed with the MPCC on July 15, 2021. This complaint alleges interference with a child welfare investigation which implicated the same Military Police officer who is the subject of the investigation of the original incident.

These complaints allege that the MPU's leadership attempted to cover up the alleged misconduct of an officer of that Unit and improperly gave special treatment to the Military Police officer involved.

It is also alleged in the complaint that details of this incident and the way it was handled by the MPU have become widely known within the local law enforcement community.

The allegations in these complaints go to the very core of police values and ethics. They have the potential to undermine public confidence in the Military Police and their adherence to basic precepts of the rule of law: namely, the principle of equality before the law.

Under the military police complaints process, the MPCC is responsible for investigating interference complaints. The CFPM deals with conduct complaints in the first instance, subject to review by the MPCC.

Given the seriousness of these complaints, and the desire to address them in a timely and coherent manner, MPCC Chairperson Hilary McCormack decided on August 3, 2021, that the public interest would best be served by having the MPCC address them together and at the same time. The Chairperson has therefore invoked her discretionary authority to conduct a public interest investigation of a complaint, pursuant to s. 250.38 of the NDA.

Further details on this PII are available in the Decision to conduct a PII.

Updates on the progress of the investigation will be posted on our website, under the header "Timeline".

VI – Impact on Military Policing – Case Summary & Extensions of Time

The section below summarizes a selected conduct case completed by the MPCC in 2021 as well as a spotlight on Extensions of Time.

VII – Outreach

The MPCC's outreach program is key to building relationships with the Military Police, the community they serve, the Canadian Armed Forces (CAF) at large as well as other key stakeholders. In 2021, the MPCC continued piloting a virtual outreach program across the country and trying new ways of delivering outreach by leveraging technology. The MPCC greatly appreciates the efforts of the many individuals who organized, supported, and participated in its outreach activities at the bases and the Canadian Forces Military Police Academy (CFMPA) as well as at other events.

VIII – Collaboration

Throughout the year, the MPCC continued to work towards resolution of a number of complex and challenging matters with the National Defence leadership, the CFPM, the military chain of command and the military police community. This work is undertaken with a view to making the complaints process more efficient and effective. Notably, after the release of the Report of the Third Independent Review Authority to the Minister of National Defence, the MPCC has taken part in Working Group meetings with CAF and Department of National Defence officials at both the Chairperson and working levels to ensure the implementation of the recommendations contained in this Report.

I – Financial Management

In 2021, the MPCC continued to demonstrate sound management of its financial resources. It effectively planned, managed and controlled its budget and expenditures to meet operational needs and increased central agency requirements, including timely and accurate financial reporting. In 2020, an Internal Control Management Framework was approved by the MPCC Executive Committee. This framework included a five-year internal control audit plan for which the MPCC competitively bid in 2021 and contracted with an audit firm. The results of the Year 1 audit will be provided to the MPCC Executive Committee in the spring of 2022.

Operating Budget: The current annual budget for the MPCC is $4.4 million. It is used to support the MPCC's legislative mandate under Part IV of the National Defence Act. This includes the investigation and resolution of complaints and all other activities necessary to meet central agency requirements, including the production of the various reports required by these agencies and by Parliament (departmental plans, departmental performance reports, annual reports, annual financial statements and quarterly financial reports). In addition, the MPCC receives additional funding during the year from its operating budget carry forward and compensation allocations.

Additional Financial Information: Additional financial information about the MPCC's financial and expenditure management may be found in the Reports and Transparency Sections of the MPCC's website under Departmental Plans, Departmental Results Reports, Quarterly Financial Reports, Annual Financial Statements and Proactive Disclosures.

II – Digital Transformation

Prior to the beginning of the pandemic, the MPCC had launched an Information Technology (IT) transformation project to implement Office 365. This allowed the IT team to accelerate the implementation of Microsoft Teams throughout the organization. We also maintained extra IT support over the adoption period in order to better support employees in a virtual environment.

This new tool allowed people to collaborate productively in a virtual environment. In order to support the adoption and best utilization of these tools, all employees also attended mandatory two half day training and were provided with coaching support in the use and leveraging of Microsoft 365 collaboration tools.

In addition, the organization began using tablets that allow video conferencing to foster collaboration and communication among employees. These tools, processes and related training and support continued to be enhanced throughout the year as it became clear that virtual collaboration would become the new norm.

III – Mental Health and Wellness

The MPCC continued offering a variety of services to employees through an agreement with the Health Canada Employee Assistance Services to provide Informal Conflict Management Services including an Ombudsperson Service and an Employee Assistance Program. In addition, this year a new arm's length service for the reporting of violence and harassment situation was launched in conjunction with the new MPCC Violence and Harassment Prevention policy. The MPCC's Mental Wellness Champion, the Senior General Counsel & Director General continued to educate employees about mental health and well-being by offering a half-day session on violence and harassment prevention in the workplace and the numerous employee programs and services available. The MPCC also continued to publish information on mental health and wellness on its dedicated Microsoft Teams Channel to share resources with employees and highlight key events such as the ‘Bell Let's Talk Day', Mental Health Week, the Mental Illness Awareness Week and the World Mental Health Day. A selection of videos about mental health were presented at quarterly all-staff meetings as well as a presentation of the functionality of the LifeSpeak campaign, which provides mobile access at all times in a confidential, bilingual electronic learning platform for employees and their families.

In fact, this year the MPCC was recognized in an article of The Hill Times as tied for the title of highest rated workplace of all the agencies, big and small for engagement and employee happiness indicators. This assessment was based on the MPCC's results on the 2020 Public Service Employee Survey (PSES), published in Spring 2021. The article recognized MPCC's executive team efforts to excite, encourage, and engage their employees.

IV – Inclusiveness

Again this year, the challenges created by the pandemic did not diminish our commitment to develop an inclusive work environment where everyone feels supported and respected. Despite teleworking, the MPCC continued to create an accessible work environment by addressing barriers and proactively addressing accommodation requirements to allow for the full participation of its employees in their virtual work environment.

Similar to last year, the MPCC has supported weekly virtual coffee breaks that have been in place since the beginning of the pandemic, which helped maintain healthy relationships and a collegial culture in the workplace. These virtual coffee breaks allow for the exchange of information and help to reduce employees feeling isolated. The MPCC Social Committee also planned virtual activities to maintain this social cohesion. A weekly riddle competition, themed based coffee breaks and lunch and learns on diversity topics such as indigenous veterans are only few examples of the Social Committee's initiatives.

Events and awareness days/months were promoted through various communication channels and virtual lunch and learn events. These included Asian Heritage Month, National Aboriginal History Month, Gender Equality Week, Pride Month, Public Service Pride Week, Canadian Multiculturalism Day, National Accessibility Week and Orange Shirt Day.

We pride ourselves on the level of diversity at the MPCC with 35% of employees having self-identified as members of an employment equity group.

November 2015 | PII into an Anonymous Complaint about military police abuse of Afghan Detainees

Upon her arrival at the MPCC in November 2015, Chairperson Hilary McCormack launched a Public Interest Investigation (PII) in response to an anonymous complaint. The complaint alleged that in 2010‑11 the Commanding Officer of the Military Police Company stationed at Kandahar Airfield, Afghanistan conducted training exercises at the Detainee Transfer Facility in order to "terrorize" the detainees. The complainant also alleged that no charges resulted from investigations by the Canadian Forces National Investigation Service (CFNIS) and the chain of command. This was the first MPCC PII based on an anonymous complaint.

July 2016 | Comprehensive timeliness review of complaints process

In July 2016, the Chairperson launched a comprehensive timeliness review of the complaints process that resulted in an MPCC internal review of its process and the introduction of enhanced mechanisms to ensure the timely completion of investigations as well as new procedures to monitor progress.

February 2018 | Kuwait

Together with the then CFPM, Brigadier-General Robert Delaney, the MPCC Chairperson had the privilege of visiting the Ali Al Salem Air Base in Kuwait in February 2018. The Chairperson made presentations to the Military Police members and the Command structure regarding civilian oversight of policing and the MPCC mandate. The Chairperson was particularly pleased to gain a more fulsome appreciation of the Military Police’s experiences and challenges while deployed and considered this visit to be of mutual benefit.

April 2018 | Chairperson Hilary McCormack calls PII relating to military police investigation of alleged torture of Infantry Battle School trainees

In April 2018, a complaint from former CAF member Mr. Jeffrey Beamish led to a PII. His complaint related to his treatment, and that of other platoon members, during Infantry Battle School Training at Canadian Forces Base (CFB) Wainwright, Alberta, from October 1983 to March 1984. The complainant alleges he and a group of over 30 recruits were subjected to inhumane treatment, amounting to torture, during a prisoner of war scenario exercise. This experience led him to suffer from various conditions including major depression, post-traumatic stress disorder and night terrors. Mr. Beamish made a complaint to the CFNIS about these events in 2015. In 2016, the CFNIS investigation concluded without charges.

December 3, 2019 | MPCC's 20^th Anniversary Symposium

On December 3, 2019, the MPCC 20^th Anniversary Symposium was held, marking the date the MPCC opened its doors on December 1, 1999. The MPCC was created as an independent, civilian, police oversight body for the Canadian Forces Military Police as a result of amendments to the National Defence Act. This responded to recommendations in the Report of the Special Advisory Group on Military Justice and Military Police Investigation Services (Dickson Report, March 1997) and the Report of the Commission of Inquiry into the Deployment of Canadian Forces to Somalia (Somalia Inquiry, July 1997). The Symposium featured a panel that discussed the future challenges in Military Policing and the implications for civilian oversight.

March 2020 | COVID‑19 Pandemic

On March 16, 2020, the MPCC closed its office to the public and transitioned all its operations to a virtual environment. Chairperson Hilary McCormack led the organisation through the next two years of change and adaptation as the way we work, the technology we use and the processes we follow had to evolve in response to this new reality. Through this intense period of change and transformation, employee engagement was instrumental in leading the organisation to achieve its results. The organisation's success in leading its employees and adapting to the new reality brought forward by the Pandemic was confirmed in the results of the 2020 Public Service Employee Survey which placed the MPCC at the top spot for employee satisfaction in the core public administration.

October 2020 | Registrar Public Interest Investigation

On October 20, 2020, Chairperson Hilary McCormack decided that the MPCC would conduct a PII into a complaint concerning the actions of the Military Police Kingston Detachment in relation to military police investigations involving Officer Cadets at the Royal Military College of Canada (RMC). This is the first PII to be launched concerning a complaint initiated by the MPCC itself.

August 2021 | Military Police Unit Public Interest Investigation

On August 3, 2021, Chairperson Hilary McCormack called a PII into the handling of an investigation by a Military Police Unit into one of its own officers. In March 2021, a Military Police officer (MPU) who appeared to be intoxicated, attempted to drive home with the MPO's children after leaving a restaurant. The MPO put the children in the car, however bystanders believing the MPO to be intoxicated intervened and prevented the MPO from getting in the car. The local Police soon arrived on scene and elected to waive jurisdiction over the incident in favour of the Military Police members. The MPO and the children were driven home by the responding military police member.

Members of the Military Police Unit became concerned that the Unit leadership was trying to cover up the incident and afford the MPO special treatment. These members noted that no charges were laid and they did not believe that the Canadian Forces Military Police Group chain of command and the CFNIS were notified of the incident. They brought forward two interference complaints and one conduct complaint related to this incident.

I – Interim Chairperson's Conclusion

Thanks to the efforts of the MPCC's preceding Chairperson, Ms. Hilary McCormack, and the MPCC team, the Commission is well poised to continue its evolution in a direction that will enable it to better serve the needs of the Canadian public and the Military Police.

A key demonstration of Ms. McCormack's leadership was the MPCC's successful participation in the Third Independent Review of the 1998 reforms to the National Defence Act (reforms which included the establishment of the military police complaints system and the MPCC itself).

The MPCC actively participated in this legislative review, both through its extensive written submissions, and in meetings with Justice Fish and his team. Given the tight schedule for the Independent Review Authority to complete its work, the MPCC had less than two months to prepare and deliver its submissions to the Review Authority. Fortunately, the MPCC had the foresight to commence preparation of its submissions well in advance.

If properly implemented, the results of this Independent Review have the potential to fill a number of key gaps in the MPCC's authority to access relevant information needed to resolve complaints. Too much of the MPCC's access to information has been dependent on voluntary cooperation from the Canadian Forces Provost Marshal, and the latter's assessment of the relevance of the information sought by the MPCC. This is not an arrangement which readily inspires public confidence.

Yet, it is this capacity to inspire public confidence in the overseen institution which is the litmus test for any system of oversight. In its submissions to the Independent Review Authority, the MPCC has not sought a larger mandate for itself: rather, it has sought reforms necessary to better fulfill its existing mandate.

The present opportunity to improve the system of independent oversight of the Military Police could hardly come at a more crucial juncture. Policing generally, and the Canadian Armed Forces system of military justice and policing in particular, are currently front and centre in the media these days, especially in the area of sexual assault and sexual misconduct cases.

With the appropriate tools for obtaining relevant information, we at the MPCC look forward to continuing to collaborate with the Canadian Forces Military Police Group to help ensure that they are able to discharge their responsibilities in a way that maintains the confidence of Canadians. I have every confidence that, going forward, the Military Police and the MPCC will continue to build upon their positive and productive relationship for the betterment of Canadian military policing.

Original signed by

_____________________________

Bonita Thornton, B.A., LL.B., CD
Interim Chairperson

II – Our Organization

How to Reach the Military Police Complaints Commission of Canada