Information Sheet on Public Interest Investigations

This information sheet was prepared for general information purposes and is solely meant to provide an overview of the public interest investigation process by the Military Police Complaints Commission of Canada (MPCC). For more information, please contact the MPCC.

The public interest investigation

A public interest investigation is a process that enables the Military Police Complaints Commission of Canada (MPCC) to make all of its findings public through publishing its full final report following its investigation. This process also enables the MPCC to provide updates to the public when it deems it necessary during the course of its investigation. Furthermore, on the grounds of public interest, the MPCC Chairperson can choose to have a public interest investigation conducted by the MPCC at any time during the processing of a complaint. The public interest investigation process therefore enables the MPCC to investigate a conduct complaint in the first instance when the Chairperson deems it preferable and in the public interest, contrary to the normal process where an investigation is first conducted by the Canadian Forces Provost Marshal.

The steps in the public interest investigation process

An MPCC public interest investigation takes place in six steps, from the receipt of the complaint to the publication of the MPCC final report.

Step 1 – A conduct or interference complaint is filed

The processing of a complaint as part of a public interest investigation begins with the filing of a conduct or interference complaint.

• Who can file a conduct complaint?
  • Anyone, whether a member of the public or a member of the military police, including individuals not directly affected by the subject matter of the complaint, may file a conduct complaint regarding a military police member in the performance of their “policing duties or functions.”
• Who can file an interference complaint?
  • Any military police member who is conducting or supervising an investigation can file a complaint with the MPCC if they feel that a member of the Canadian Forces or a senior official from the Department of National Defence has interfered in this investigation or has tried to influence it. The MPCC has exclusive jurisdiction in processing interference complaints. The MPCC completes an initial review to determine if there is cause to proceed with an investigation, the scope of said investigation and the manner in which it is to be conducted. It then launches an investigation, if needed.
• Is there a time limit for filing a conduct or interference complaint?
  • Normally, a conduct or interference complaint must be filed within the year following the incident. However, at the complainant’s request, the MPCC Chairperson can decide to extend this time limit if it is reasonable to do so, in light of the circumstances. The Chairperson’s decision on a request for an extension of the time to file a complaint is final, but may be brought before the Federal Court of Canada by way of an application for judicial review.
• How can a conduct or interference complaint be filed?
  • Complaints can be submitted, in writing or orally, to the MPCC Chairperson, the Judge Advocate General or the Canadian Forces Provost Marshal. In the case of conduct complaints, they can also be submitted to a military police member.

Step 2 – Decision to conduct a public interest investigation

At any time and when it is in the public interest to do so, the MPCC Chairperson can launch a public interest investigation into a complaint regarding the conduct of a military police member or regarding interference in a police investigation, even if the complainant has withdrawn their complaint.

The MPCC’s enabling legislation does not specifically stipulate the factors that the Chairperson must take into account when exercising this statutory discretion in deciding to conduct a public interest investigation. The decision of whether the public interest would be served by causing the MPCC to conduct a public interest investigation is made on a case-by-case basis. Considerations taken into account in past decisions to conduct public interest investigations include:

• the inherent seriousness of the alleged conduct;
• the systemic issues raised in the complaint;
• the involvement of senior officials or military officers;
• the public interest in the issues related to the complaint;
• process considerations which suggest that it would be more fair, credible, coherent or efficient to deal with the complaint as a public interest case.

If the MPCC Chairperson decides to conduct a public interest investigation, she sends a substantiated written notice of the decision to the complainant, the subjects of the complaint, the Minister of National Defence, the Chief of the Defence Staff (in the case of an interference complaint against a member of the Military Police), the Deputy Minister of National Defence (in the case of an interference complaint against a Department of National Defence senior official), the Judge Advocate General and the Canadian Forces Provost Marshal. The MPCC Chairperson is not required to submit a substantiated written notice to the subject of the complaint if she is of the opinion that such a measure would negatively impact the public interest investigation.

In the case of a conduct complaint, the MPCC Chairperson’s decision to conduct a public interest investigation releases the Canadian Forces Provost Marshal from any obligation to investigate or produce a report on the complaint or to take any other measure in this regard, as long as it has not received the MPCC final report stating its findings and recommendations.

Step 3 – The MPCC investigates the complaint

Once the decision to conduct an investigation has been made, the MPCC follows these steps:

• At any time during the investigation, the MPCC Chairperson can decide to assign the public interest investigation file to one or more members of the MPCC or conduct the public interest investigation together with a member of the MPCC.
• When necessary, the MPCC conducts a preliminary investigation into the complaint and the associated files that the Military Police must provide to the MPCC in order to determine the scope of the public interest investigation and to identify all subjects of the complaint.
• One or more investigators are appointed and review all the evidence and other materials gathered on the complaint. This can consist of hundreds of pages of documents, emails, handwritten notes and reports and many hours of recorded audio and video from witnesses.
• The investigators prepare an investigation assessment report to be reviewed by the Chairperson or a delegated member of the MPCC. This investigation assessment report summarizes the available evidence, identifies the recommendations of the investigators regarding witnesses to be questioned and describes all additional investigation avenues that might be necessary in order to complete the complaint review. The investigation assessment report can also include estimates regarding timeframes and budget.
• Based on the investigation assessment report, the MPCC Chairperson or delegated member determines what witness interviews are required to adjudicate the complaint. The appointed investigators conduct the interviews.
• If the MPCC Chairperson or delegated member, based on the investigation assessment report, determines that additional documentation is needed to adjudicate the complaint, the MPCC prepares a document and information disclosure request. The additional information received following a disclosure request is summarized and compiled in an investigation report. Additional disclosure requests can be made each time the MPCC receives information indicating that other documents or information are necessary.
• The information gathered from witness interviews is summarized and compiled in an investigation report. Once all the additional information has been obtained and the investigation report has been completed to the satisfaction of the Chairperson or delegated member, the MPCC prepares an interim report.

Step 4 – The MPCC issues its interim report

The MPCC interim report includes a summary of the MPCC investigation, as well as its findings and recommendations. The interim report is sent to the Minister of National Defence, the Chief of the Defence Staff or Deputy Minister of National Defence (in the case of a complaint against a member of the Military Police or Department of National Defence senior official), Judge Advocate General and the Canadian Forces Provost Marshal.

Step 5 – The MPCC receives a notice of action

The notice of action is the Canadian Forces’ official response to the interim report. It describes the measures taken or planned, if applicable, to implement the MPCC’s recommendations. A refusal to take the measures to implement the MPCC’s findings and recommendations requires a substantiated notice to be submitted to the MPCC Chairperson and the Minister of National Defence.

In the case of a conduct complaint, the notice of action is received from the Canadian Forces Provost Marshal. In the case of an interference complaint, the notice of action is received from the Chief of the Defence Staff (if the subject of the complaint is a member of the Military Police) or the Deputy Minister of National Defence (if the subject of the complaint is a Department of National Defence senior official).

Step 6 – The MPCC prepares and publishes its final report

Taking into account the response given in the Canadian Forces notice of action, the MPCC prepares a final report of its findings and recommendations.

The final report is submitted to the Minister of National Defence, the Deputy Minister of National Defence, the Chief of the Defence Staff, the Judge Advocate General, the Canadian Forces Provost Marshal, the complainant and the subjects of the complaint.

The complete final report of the public interest investigation is also published on the MPCC’s website, subject to certain highly sensitive information that is redacted.

Frequently asked questions

For more information on public interest investigations:

Telephone: 613-947-5625 or 1-800-632-0566 (toll free)

Email: commission@mpcc-cppm.gc.ca