Military Police Complaints Commission
National Defence Act – Part IV
Section 250.53
CHAIRPERSON’S FINAL REPORT
CFollowing a Public Interest Investigation
Pursuant to Subsection 250.38(1) of the National Defence Act
With Respect to the Complaints of
Brigadier-General Patricia Samson
gCanadian Forces Provost Marshal
And
Ex-Warrant Officer Matthew Stopford
CAVEAT Portions of this document have been edited pursuant to the Privacy Act.
Files: MPCC 2000-023
MPCC 2000-025
Ottawa, January 17, 2001
Louise Cobetto
Chairperson
Table of Contents
Acronyms
Executive Summary
- Background
- Issues
- Chairperson’s Findings Subsequent to the Investigation
- Chairperson's Findings Having Considered the Notice of Action from the CDS
I: The Complaints
II: Military Police Complaints Commission
- Scope of the Investigation
- Methodology
- Documentation Review
- Designated Members
- Persons Interviewed
- Counsel
- Legal Framework of Investigation
III: Facts
- The Allegations of Coffee Tampering
- CFNIS Task Force Investigation
- Report of the CFNIS Task Force
- May 30, 2000 CFNIS Press Conference
- Response of the Minister of National Defence
- Response of the Chief of the Defence Staff
- The Special Review Group
- Report of the SRG
- Concerns Expressed to the SRG
- June 20, 2000 SRG Press Conference
- Response of the Chief of the Defence Staff
- Response of the Minister of National Defence
- Response of the Canadian Forces Provost Marshal
- June 29, 2000 Press Conference of Ex-WO Stopford
IV: Analysis of the Evidence
Question 1 – « Inaccurate or inadequate and misleading »
- “Misleading”
- (i) The Legal Opinion of May 18, 2000
- (ii) Verbal Advice Provided to CFNIS Task Force
- (iii) The SRG Report
- Lack of Knowledge by the CFPM about the Scope of the SRG Mandate
- "Inaccurate or Inadequate"
- Legal Test for Laying Charges
- Failure to Mention Involvement of a Military Lawyer
- Analysis by the SRG Regarding the Authority to Lay Charges
- Criticism by SRG of Apparent Failure by CFNIS to Consider Criminal Charge for "Attempt"
Issue 2 – Information Provided to Ex-WO Stopford
- Background
- May 30, 2000 CFNIS Press Conference PowerPoint Presentation
- May 30, 2000 Visit to Ex-WO Stopford by a CFNIS Investigator
- Communications Between Ex-WO Stopford and BGen Sharpe
- Varying Definitions of “Confession”
Issue 3 – Knowledge by the Military Police and the Chain of Command in Croatia of Coffee Tampering
Allegations
V: Chairperson’s Findings Subsequent to the Investigation
VI: Chairperson’s Findings Having Considered the Notice of Action from the CDS
Annex A: Comparison of Statements in May 18 Legal Opinion, May 25 Memorandum of Provost Marshal, and May 30 CFNIS PowerPoint Presentation
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