Fynes Public Interest Hearing

Ottawa, March 10, 2015 – The Military Police Complaints Commission has made 46 recommendations to improve the quality of Military policing in Canada in its Final Report in the Fynes Public Interest Hearing into events surrounding the death of Cpl Stuart Langridge.

Cpl Langridge committed suicide at Canadian Forces Base Edmonton on March 15, 2008. His parents, Sheila and Shaun Fynes, filed a formal complaint with the Military Police Complaints Commission in January 2011 about investigations into matters related to his death conducted by the Canadian Forces National Investigations Service (CFNIS).

“The Commission found significant deficiencies in the investigations conducted by the Canadian Forces National Investigation Service and unacceptable errors in the way the Military Police interacted with the Fynes, particularly in the mishandling of Cpl Langridge’s suicide note,” said Glenn Stannard, Chair of the Military Police Complaints Commission.

The Commission has made specific recommendations to deal with these deficiencies but the Military Police has either rejected or failed to respond to all but a few. It has directly rejected recommendations based on the Commission’s assessment that the Military Police does not have adequate experience in Sudden Death investigations to justify having MP members acting as lead investigators.

The Commission has found that all of the allegations of bias and lack of independence made in the Complaint were unsubstantiated. The Commission has nevertheless made recommendations to strengthen Military Police independence and to improve the Military Police’s ability to demonstrate its independence.

The Commission has also made recommendations that would ensure that:

On March 4, the Commission applied to the Federal Court of Canada for Judicial Review of a policy initiative by the Canadian Forces Provost Marshal (CFPM), the head of the Military Police, to block publication of the Notice of Action, the CFPM’s formal response to the Commission Interim Report.

On Friday, March 6, 2015, the CFPM informed the Commission that in this specific case it would remove the security designation blocking publication of the Notice of Action as of the date of the release of the Report. However, the CFPM’s policy position did not change. The CFPM continues to affirm its right to control whether, how and when Notices of Action may be included in the Commission’s Final Reports.

“The Commission is concerned that the Military Police has failed to respond to key recommendations in the Report and has tried to prevent publication of the Notice of Action,” said Stannard. “I see these actions as challenges to the role of the Military Police Complaints Commission to provide meaningful oversight and ensure accountability,” he said. “The latest position taken by the CFPM is still based on an unacceptable view that the CFPM is entitled to control what the Commission can and cannot do with the Notice of Action,” he added.

The Commission will continue with its Judicial Review Application in Federal Court to challenge this policy.

The Military Police Complaints Commission was established in 1999 by the Government of Canada to provide independent civilian oversight of the Canadian Forces Military Police. By reviewing and investigating complaints concerning Military Police conduct and by investigating allegations of interference in investigations, it promotes and ensures the highest standards of Military Police conduct and provides for greater public accountability by the Military Police and the Chain of Command.

For information, please contact:

Michael Tansey
Communications Advisor,
Military Police Complaints Commission
Telephone: 613-487-3765
Cell: 613-851-4587
commission@mpcc-cppm.gc.ca
www.mpcc-cppm.gc.ca

Timeline

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Copies of documents not posted on this page can be obtained from the Commission upon request.

Fynes Public Interest Hearing Timeline
Date Event
September 16, 2013 Updated versions of Military Police and CFNIS policies and procedures entered as exhibits before the Commission.
September 15, 2013 Written submissions filed by counsel for the subjects of the complaint about recently received updated versions of relevant Military Police and CFNIS policies and procedures.
September 4, 2013 Written submissions filed by counsel for the complainants about recently received updated versions of relevant Military Police and CFNIS policies and procedures.
February 14, 2013 Letter from the Minister of National Defence (PDF version, 43 KB) to the Chair of the Military Police Complaints Commission advising of a decision to implement the Commission’s recommendation to grant additional funding for the cost of the legal representation of the complainants in the Public Interest Hearing.
January 9, 2013 Oral closing submissions presented before the Commission by counsel for the complainants and counsel for the subjects of the complaint.
January 8, 2013 Written reply submissions filed by counsel for the complainants.
January 8, 2013 Written reply submissions filed by counsel for the subjects of the complaint.
January 2, 2013 Written closing submissions filed by counsel for the complainants.
January 2, 2013 Written closing submissions filed by counsel for the subjects of the complaint.
November 30, 2012 Decision issued on the request for an adjournment of the closing submissions (PDF version, 132 KB). The Chair of the Military Police Complaints Commission denied the request. Written closing submissions will be filed on January 2, 2013. Written reply submissions may be filed by each Party on January 8, 2013. Oral closing submissions will be heard on January 9, 2013.
November 29, 2012 Decision issued on the request for distribution of the MPCC Interim Report to the complainants (PDF version, 143 KB). The Chair of Military Police Complaints Commission denied the complainants’ request to receive and comment on the Interim Report and the Notice of Action.
November 23, 2012 Letter received from Department of Justice counsel Ms. Elizabeth Richards, on behalf of the subjects of the complaint, responding to the complainants’ request for an adjournment of the closing submissions.
November 16, 2012 Request received from counsel for the complainants, Col (ret’d) Drapeau, for the scheduling of closing submissions to be delayed until a funding decision is made by the Minister of National Defence pursuant to the Commission’s recommendation.
November 16, 2012 Submissions received from Department of Justice counsel Mr. Alain Préfontaine, on behalf of the Government of Canada, responding to the request for distribution of the MPCC Interim Report to the complainants.
November 16, 2012 Letter received from Department of Justice counsel Ms. Elizabeth Richards advising that the subjects of the complaint are not seeking to call additional evidence.
November 5, 2012 Request received from counsel for the complainants, Col (ret’d) Drapeau, for distribution of the MPCC Interim Report to the complainants.
November 1, 2012 Decision issued on the request for an adjournment of the closing submissions (PDF version, 108 KB). The Chair of the Military Police Complaints Commission granted the request. The date for the presentation of closing submissions before the Commission was set for January 9, 2013.
October 30, 2012 Decision issued on the Motion for a funding recommendation for the preparation of the closing submissions (PDF version, 109 KB). The Chair of the Military Police Complaints Commission sent his recommendation to provide funding for the complainants’ legal representation to the Minister of National Defence.
October 26, 2012 Submissions received from counsel for the complainants, Col (ret’d) Drapeau, responding to the request for an adjournment of the closing submissions.
October 24, 2012 Letter received from Department of Justice counsel Mr. Alain Préfontaine advising that the Government of Canada relies on its October 11, 2011 submissions in response to the complainants’ Motion for a funding recommendation and that the Government of Canada will consider the Commission’s recommendation, if the Commission decides to make one.
October 23, 2012 Request received from Department of Justice counsel Ms. Richards for an adjournment of the closing submissions currently scheduled for November 15, 2012.
October 19, 2012 Motion by counsel for the complainants, Col (ret’d) Drapeau, requesting that the Commission issue a recommendation of public funding for legal representation for the complainants, Mr. Shaun Fynes and Mrs. Sheila Fynes, for the preparation of closing submissions.
March 27, 2012 Commencement of the Public Interest Hearing into the military police investigations relating to the death of Corporal Stuart Langridge.
March 21, 2012 Decision issued on the adjournment request (PDF version, 112 KB). The Chair of the Military Police Complaints Commission granted the request in part. The date set for the commencement of the Hearing remains March 27, 2012. The Hearing will then be adjourned for one week beginning on March 28, 2012, and will resume on April 3, 2012.
March 19, 2012 Written representations by Department of Justice counsel Ms. Elizabeth Richards on behalf of the subjects of the complaint, opposing the request for an adjournment.
March 18, 2012 Request by Col (ret’d) Drapeau, counsel for the complainants, for an adjournment of the Hearing by four to six weeks to allow for preparation and receipt of all disclosure materials.
March 16, 2012 Letter from the Minister of National Defence (PDF version, 183 KB) to the Chair of the Military Police Complaints Commission advising of a decision to implement the Commission’s recommendation to grant funding for the cost of the legal representation of the complainants in the Public Interest Hearing
January 23, 2012 Decision issued on the adjournment request (PDF version, 112 KB). The Chair of the Military Police Complaints Commission granted the request in part and set the date for commencement of the Hearing to March 27, 2012.
January 20, 2012 Letter received by the Chair of the Military Police Complaints Commission from the President of the Treasury Board (PDF version, 22 KB), advising that the funding recommendation has been forwarded to the Minister of National Defence.
January 17, 2012 Case conference held. The Parties presented submissions to the Commission on the request for an adjournment of the Hearing pending the Government’s decision about funding for legal representation for the complainants.
January 5, 2012 Notice of Hearing issued for a case conference (PDF version, 29 KB) issued for a case conference on January 17, 2012, to hear representations from the Parties about Col Drapeau’s request.
December 30, 2011 Request by Col (ret’d) Drapeau, counsel for the complainants, for an adjournment of the Hearing until a response is received from the Government about funding of legal representation for the complainants.
December 13, 2011 Letter from the MPCC Chair to the President of the Treasury Board (PDF version, 33 KB) from the MPCC Chair to the President of the Treasury Board forwarding the letter received from the complainants’ counsel.
December 7, 2011 Letter received from counsel (PDF version, 38 KB) for the complainants indicating that no determination has been made by Government on the Commission’s funding recommendation and that a motion for adjournment may be presented as result.
November 15, 2011 Procedural Guidelines (PDF version, 73 KB) issued by the Military Police Complaints Commission Chair for the conduct of the Hearing.
October 26, 2011 Decision issued on the Motion for a funding recommendation (PDF version, 224 KB). The Chair of the Military Police Complaints Commission sent his recommendation to provide funding for the complainants’ legal representation to the President of the Treasury Board.
October 19, 2011 Case Conference held. The date for the commencement of the Hearing was fixed to February 27, 2012.
October 6, 2011 Revised Notice of Hearing (PDF version, 36 KB) issued to the Parties for Case Conference on October 19, 2011.
October 5, 2011 Submissions of the Government of Canada in response to the complainants’ Motion for a funding recommendation received from Department of Justice counsel Mr. Alain Préfontaine.
October 4, 2011 Ruling of the Commission granting the request for an adjournment in part. Case Conference adjourned to October 19, 2011.
September 26, 2011 Request received from Department of Justice counsel Ms. Elizabeth Richards for an adjournment of the Case Conference from October 13, 2011 to October 27, 2011.
September 26, 2011 Motion requesting that the Commission issue a recommendation of public funding for legal representation for the complainants, Mr. Shaun Fynes and Mrs. Sheila Fynes. The Motion was brought by counsel for the complainants, Col (ret’d) Michel Drapeau, and will be presented at the Case Conference.
September 21, 2011 Notice of Hearing issued to the Parties for Case Conference on October 13, 2011.
September 6, 2011 Decision to Hold a Public Interest Hearing (PDF version, 126 KB).
April 29, 2011 Decision to Conduct a Public Interest Investigation (PDF version, 186 KB).

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