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MILITARY POLICE COMPLAINTS COMMISSION
_________________________________________DEPARTMENTAL PERFORMANCE REPORT
FOR THE PERIOD ENDING The Honourable John McCallum, P.C., B.A., Ph.D. Minister of National Defence
August 30, 2002 TABLE OF CONTENTS
Minister's MessageI am pleased to present to Parliament and to Canadians the 2002-2003 Departmental Performance Report for the Military Police Complaints Commission.The Military Police Complaints Commission is still a relatively young organization, having come into force December 1, 1999; thus, this is but its second Departmental Performance Report. Civilian oversight is an essential and accepted part of modern policing, and the Military Police Complaints Commission plays an important part in meeting the Government of Canada's commitment to modernizing the military justice system in Canada. Recommendations made by the Chairperson have led to specific changes in Military Police policy and procedures, further enhancing the professionalism of Canada's military police. Establishing and developing an effective organization that meets the high standards of accountability demanded by Parliament and by Canadians is a challenging job in itself. That the Complaints Commission continues to make significant progress toward this goal while meeting its own exacting standards for the review and resolution of complaints is a remarkable achievement indeed. It is with pleasure that I express my support for the Military Police Complaints Commission as it continues to mature as an organization, and plays its fundamental role in helping our military police maintain their position as a source of pride for all Canadians.
The Honourable John McCallum, P.C., M.P. ContextOperations The Military Police Complaints Commission ("the Complaints Commission") is a civilian oversight agency of the Government of Canada, distinct from and independent of the Department of National Defence and the Canadian Forces (DND/CF). It carries out quasi-judicial functions pursuant to the powers conferred by Part IV of the National Defence Act.The Complaints Commission is mandated to monitor and review complaints about the conduct of members of the Military Police in the performance of their policing duties or functions and to deal with complaints of interference with Military Police investigations. If considered to be in the public interest, the Chairperson may cause the Complaints Commission to conduct an investigation and, if warranted, to hold a public hearing into a conduct complaint or an interference complaint. An Annual Report, prepared by the Chairperson on the activities of the Complaints Commission during that year and containing any recommendations, is submitted to the Minister of National Defence for tabling in Parliament. The Complaints Commission formulates findings and recommendations that may result in the censuring of the personal conduct of those who are the subject of complaint, but these findings and recommendations are intended first and foremost to rectify the situations leading to complaints in order to prevent their recurrence. If the person reviewing findings or recommendations of the Chairperson decides not to act on them, the reasons for not acting must be provided. The mandate of the Complaints Commission is considered to be substantially fulfilled by rendering the handling of complaints concerning members of the Military Police more transparent and accessible. The Complaints Commission is, and must be seen to be, impartial and fair in its dealings with both complainants and members of the Military Police, who are subjects of complaint. When monitoring and reviewing the Provost Marshal's disposition of a conduct complaint, the Complaints Commission does not act as an advocate for either the complainant or members of the Military Police. Rather, its role is to inquire into complaints independently and impartially to arrive at objective findings and recommendations based on the information provided by complainants, members of the Military Police, witnesses and any others who may assist in uncovering the truth concerning events being investigated. The same standard is applied when the Complaints Commission deals with interference complaints lodged by a member of the Military Police. The power to investigate interference complaints lies exclusively with the Chairperson of the Complaints Commission. For a complete description of the types of complaints, and the processes and procedures by which they are handled, as well as Annual Reports and other materials published by the Complaints Commission, please visit the Complaints Commission's Web site, at www.mpcc-cppm.gc.ca. The Complaints Commission came into being on December 1, 1999 to provide civilian oversight of the Canadian Forces Military Police. While civilian oversight has been considered an essential part of modern policing for some time, the Military Police organization is among the last major Canadian police services to be held accountable for its actions before a civilian oversight body. At the same time, it remains one of only a small handful of military police services in the world that are subject to civilian oversight. The creation of the Complaints Commission was a key element of a significant modification and amendment of the National Defence Act undertaken by the Government of Canada in 1998, in fulfillment of its commitment to modernize Canada's military justice system. This commitment followed a series of incidents during the previous decade, most notably the Canadian Forces humanitarian mission to east Africa in the early 1990's, which had called the administration of justice in the Canadian military into serious question. Employees of the Department of National Defence and members of the Canadian Forces, as well as the Canadian public, must have confidence in the integrity of the military justice system and in the role played by the Military Police within that system. Part of ensuring that confidence is a transparent process by which complaints concerning members of the Military Police can be examined in a thorough and professional manner. This examination must also be independent and unbiased. This is the role the Government of Canada envisioned for the Complaints Commission. The Military Police Complaints Commission promotes the principles of integrity and fairness that will contribute to a climate of confidence with respect to the conduct of military police members in the performance of their policing duties and functions, and the absence of interference with military police investigations. Performance DiscussionThe Complaints Commission has one business line. As noted above, the Complaints Commission exists to monitor and review complaints about the conduct of members of the Military Police in the performance of their policing duties or functions and to deal with complaints of interference with Military Police investigations.While the Complaints Commission maintains a strong focus on outcomes, it is in many ways difficult to measure its performance. In some cases, the outcome is very visible. For example, during an investigation of a complaint, the Chairperson may note problems with a particular Military Police procedure. As a result of a subsequent recommendation by the Chairperson, the procedure may be changed for the better, and a lasting contribution has been made to increasing the professionalism of Canada's Military Police. As examples of the positive impact of the Complaints Commission, during the period covered by this report, recommendations made by the Chairperson led directly to improvements in Military Police policy and procedures for surveillance operations, and to the adoption of new, improved procedures for Military Police involvement in civil matters. Other recommendations have led to the development of an interim policy on police discretion for the Canadian Forces National Investigation Services (an arm of the Military Police), as well as additional guidance in the application of discretion, and improved training for investigators in report writing. Other outcomes are somewhat less immediately tangible. For example, it is difficult, if not impossible to measure the impact of the Chairperson's findings in the investigation of an interference complaint. Naturally, the Complaints Commission hopes that by issuing a report of the findings of such an investigation, and making recommendations for changes, similar instances of interference will be less likely to occur in the future. Such a measurement would be possible only after collecting data over the course of many years. One important measure of performance is the Complaints Commission's ability to deal with cases in a timely manner. In this area, it is important to note that the Chairperson cannot issue a final report in a given case until the appropriate authority within the military or defence hierarchy has provided a response to the Chairperson's interim report. Thus, to a considerable extent, the Complaints Commission's performance in ensuring cases are resolved in a timely manner is dependent upon the cooperation and collaboration of others. For this and other reasons, although it is independent of the Department of National Defence and the Canadian Forces, the Complaints Commission places a premium on maintaining a good working relationship with the Chief of the Defence Staff, the Canadian Forces Provost Marshal, and other stakeholders. Given that the relationship between any civilian oversight body and the police agency being overseen is by its nature slightly adversarial, it is a challenge for both sides to ensure the lines of communication remain open. For the Complaints Commission to function effectively, and be an agent for positive change in the Military Police, the relationship between the Complaints Commission and the Provost Marshal in particular must be, if not collegial, at the very least characterized by trust and mutual respect. While the quality of this relationship is a key factor in the Complaints Commission's performance, it is virtually impossible to measure. Nonetheless, one possible indicator of the effort both sides have put into this relationship is that, since the Complaints Commission was created, all but a handful of the Chairperson's recommendations have been accepted by the Chief of the Defence Staff or the Canadian Forces Provost Marshal, as the case may be. Another performance challenge faced by the Complaints Commission, and a peculiarity of its operating environment, is the lack of control over the volume and complexity of complaints received. Consequently, the Complaints Commission must manage its activities to accommodate this ebb and flow of complaints in a cost-effective manner. Through the application of a risk management framework during the past year, as outlined under Strategic Outcome #1, the Complaints Commission has put in place contingencies to ensure the necessary resources are available at a reasonable cost when the volume of complaints exceeds the Complaints Commission's internal capacity to deal with each complaint in a full, fair and timely way. For the Complaints Commission to be fully effective, it is essential that its primary clients, i.e., the Military Police, the members of the Canadian Forces and Canadians in general are aware of the Complaints Commission's existence and mandate. For this reason, the Complaints Commission continues to emphasize education and outreach activities, as described in Strategic Outcome #2. Although the Complaints Commission believes the activities it has undertaken in the area of outreach over the period covered in this report have been successful in raising awareness of the Complaints Commission, it does not possess appropriate data to support this conclusion. Mechanisms to acquire the data needed to measure the success of these activities would normally form part of a Strategic Communications Plan. The Complaints Commission regrets it has as yet been unable to develop a Strategic Communications Plan, in large part due to the staffing difficulties described under Strategic Outcome #2. Finally, the Complaints Commission is committed to providing high quality, results-based public service, and to being fully accountable to Parliament and the people of Canada for the public funds entrusted to its care. Some aspects of financial forecasting are difficult for the Complaints Commission, again related to the unpredictable number and variety of complaints. The investigation associated with some cases may be relatively straightforward and brief, and the report issued by the Chairperson may be no more than a dozen pages in length. Other cases may require extensive investigation and interviews with many witnesses. Significant travel and other expenses may be incurred, and substantial resources expended in the preparation of a report that may exceed 200 pages in length. These kinds of variables make financial planning and performance measurement a challenging undertaking. The Complaints Commission has nonetheless made significant progress in developing its capacity to be accountable in a meaningful way, and these advances are described in Strategic Outcome #3. The Complaints Commission continues the process of implementing the principles of modern comptrollership, and has taken a number of steps to improve its efficiency, through prudent investments in information technology, and by establishing or extending its partnerships with other Government of Canada agencies and departments. This progress notwithstanding, a number of opportunities for improvement were identified this past year in a detailed capacity assessment of the Complaints Commission performed by KPMG Consulting, under the sponsorship of Treasury Board Secretariat. The capacity assessment provided a detailed accounting of both strengths and weaknesses in the organization, and the Complaints Commission considers this to have been a valuable exercise. Based on the results of this assessment, the Complaints Commission is developing action plans to address the opportunities identified. Among others, the Complaints Commission looks forward to:
As a final challenge, the Complaints Commission wishes to note the resources expended in meeting reporting requirements set out by Treasury Board Secretariat. A relatively small organization such as the Military Police Complaints Commission, devotes approximately 60% of its resources to ensuring it complies with these requirements. While fully cognizant of the absolute need to provide detailed performance information on a variety of programs and initiatives, the Complaints Commission is engaged with other members of the Government of Canada Small Agencies Administrators Network in exploring the possibility of developing a proposal to streamline the reporting requirements for small agencies. Strategic OutcomesIn its 2002-2003 Report on Plans and Priorities, the Military Police Complaints Commission identified and committed itself to the achievement of three strategic outcomes during the 2002-2003 fiscal year:
Assuring complaints about the conduct of Military Police, and complaints by Military Police about interference with their investigations are dealt with in an informal and expeditious manner is fundamental to the mandate of the Military Police Complaints Commission. While the Complaints Commission can take steps to ensure each complaint is managed according to the highest professional standard for such matters, the difficulty in ensuring the informal and expeditious handling of complaints lies in the unpredictable volume of complaints referred to the Complaints Commission for resolution. Over the past year, the Complaints Commission continued to develop its risk management strategy for those occasions when the volume and/or complexity of complaints jeopardizes its ability to resolve matters before the Complaints Commission in a timely fashion. As detailed in the following table, additional external resources have been identified that can be called upon on an as-and-when-needed basis. The Complaints Commission acquired and adapted for its own use case-tracking computer software, and managers continue to work closely with staff to ensure a healthy, productive workplace. Due to the structure of the complaints process set out in the National Defence Act, the Chief of the Defence Staff and the Canadian Forces Provost Marshal play key roles in determining whether the process moves forward at a suitable pace. The Complaints Commission engages in ongoing consultations with these partners in a mutual effort to avoid unnecessary delays. A total of $1.277 million was invested in achieving this strategic outcome during the 2002-2003 fiscal year, and the Complaints Commission is pleased to note it ended the 2002-2003 fiscal year with no backlog of outstanding complaints.
Raising awareness of the Complaints Commission and its role within the Canadian Forces and the Canadian Forces Military Police, the Department of National Defence, and the public in general is central to its ability to carry out its mandate to enhance the professionalism of Canada's Military Police. If members of the Canadian Forces and the public are not aware of their right to complain about the conduct of Military Police; if Military Police are not aware of the recourse available to them if they believe someone in the Canadian Forces or a senior official of the Department of National Defence has attempted to interfere with their investigations, the Complaints Commission becomes a hollow entity. During the 2002-2003 fiscal year, the Complaints Commission invested $449,000 in efforts to reach these target audiences with information about its role and activities. Unfortunately, although anecdotal evidence indicates awareness of the Complaints Commission is increasing, this strategic outcome must be described as only partially achieved, primarily due to unforeseen difficulties in staffing the Communications section. As a result, development of a strategic communications plan and other communications initiatives anticipated during the 2002-2003 fiscal year was delayed. Nonetheless, as detailed below, and in a number of instances with the essential help and cooperation of its partners in the Canadian Forces and the Department of National Defence, the Complaints Commission did carry out a number of successful outreach activities. A key target, the introduction of the Complaints Commission Internet site, was reached.
In keeping with the priorities of the Government of Canada, and of Canadians, the Military Police Complaints Commission continues to pursue the delivery of quality service to the public, while committing itself to greater efficiency in its operations through technology, partnerships and the adoption of best management practices. A total of $1.927 million was invested in advancing this strategic outcome during the 2002-2003 fiscal year. The Complaints Commission continued to expand its use of information technology, and broaden its partnerships in order both to improve the quality of the service it delivers, and the efficiency with which those services are delivered. The Complaints Commission is a relatively young agency, and it is also a small agency expected to deliver what can often be a complex service. It admits readily that providing quality service while at the same time developing and implementing management structures in line with the principles of modern comptrollership is a challenge, but is able to report substantial progress, detailed below, during the period covered by this report. An important development during the 2002-2003 fiscal year was the completion of a capacity assessment of the Complaints Commission by KPMG Consulting, sponsored by Treasury Board Secretariat. This frank and detailed assessment identified a number of opportunities through which the Complaints Commission can enhance its management practices and add more meaning to its financial reporting. Before the end of the fiscal year, the Complaints Commission had begun to develop action plans to avail itself of the opportunities identified in the assessment.
ANNEX A
|
(thousands of dollars) | ||||
2002-2003 | ||||
Vote | Planned Spending |
Total Authorities |
Actual Spending |
|
---|---|---|---|---|
Military Police Complaints Commission | ||||
20 | Operating Expenditures | 4,144 | 3,946 | 3,310 |
(S) | Contributions to Employee Benefit Plan | 348 | 332 | 332 |
Total | 4,492 | 4,278 | 3,642 | |
Planned Spending as reflected in the Report on Plans and Priorities 2002-03 Total Authorities are comprised of Main Estimates plus Supplementary Estimates plus other authorities Actual Spending as reflected in the Public Accounts 2002-03 |
Table 2: Comparison of Total Planned Spending to Actual Spending
This table illustrates the total net cost of Military Police Complaints Commission operations for the 2002-2003 fiscal year, including the cost of services received from other departments without charge.
(thousands of dollars) | |||
2002-2003 | |||
Vote | Planned Spending |
Total Authorities |
Actual Spending |
Military Police Complaints Commission | |||
Full-time Equivalents (FTE) | 23.5 | 23.5 | 23.5 |
Operating1 | 4,492 | 4,278 | 3,642 |
Capital | - | - | - |
Total Gross Expenditures | 4,492 | 4,278 | 3,642 |
Less: Respendable Revenues | - | - | - |
Total Net Expenditures | 4,492 | 4,278 | 3,642 |
Other Revenues and Expenditures | |||
Cost of services provided by other departments2 | 142 | ||
Net Cost of the Program | 4,492 | 4,278 | 3,784 |
Planned Spending as reflected in the Report on Plans and Priorities 2002-03 Total Authorities are comprised of Main Estimates plus Supplementary Estimates plus other authorities Actual Spending as reflected in the Public Accounts 2002-03
|
Table 3: Historical Comparison of Total Planned versus Actual Spending
As mentioned in the footnote to this table, the Complaints Commission's financial systems became operational partway through the 2000-2001 fiscal year, thus an historical comparison can be made only to the 2001-2002 fiscal year.
(thousands of dollars) | |||||
2002-2003 | |||||
Vote | Actual 2000-2001 |
Actual 2001-2002 |
Planned Spending |
Total Authorities |
Actual Spending |
---|---|---|---|---|---|
Military Police Complaints Commission | 3,635 | 4,492 | 4,278 | 3,642 | |
Total | 3,635 | 4,492 | 4,278 | 3,642 | |
Planned Spending as reflected in the Report on Plans and Priorities 2002-03 Total Authorities are comprised of Main Estimates plus Supplementary Estimates plus other authorities Actual Spending as reflected in the Public Accounts 2002-03 Note: fiscal year 2001-2002 was the Complaints Commission's first full year of operation of it's financial reporting systems. Therefore a historical comparison of previous year's expenditures is not available. |
Table 4: Crosswalk Between Strategic Outcomes and Business Links
This table illustrates the relationship between planned and actual spending for each of the three strategic outcomes identified by the Complaints Commission for the 2002-2003 fiscal year. The Complaints Commission's single business line is the investigation and review of complaints. Total spending includes all costs related to this business line, including such items as payments for the services of outside investigators under contractual agreements with the Complaints Commission; publication of the Chairperson's interim and final reports of reviews and investigations; publication and distribution of the 2002 Special Report on interference complaints, and costs associated with Complaints Commission staff visits to Canadian Forces Bases across Canada.
(thousands of dollars) | ||||
Strategic Outcomes | ||||
Expeditious Handling of Complaints | Raise Profile of Complaints Commission | Greater Efficiency in Complaints Commission Operations | Total | |
---|---|---|---|---|
PLANNED | ||||
Investigation and Review of Complaints | 1,277 | 449 | 1,927 | 3,653 |
Total | 1,277 | 449 | 1,927 | 3,653 |
EXPENDED | ||||
Investigation and Review of Complaints | 1,015 | 446 | 1,849 | 3,310 |
Total | 1,015 | 446 | 1,849 | 3,310 |
Call our information line at (613) 947-5625 or toll-free at 1 800 632-0566 and speak to an intake officer.
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Military Police Complaints Commission
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Last updated: 2003-12-21 | ![]() | Important Notices |