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MILITARY POLICE COMPLAINTS COMMISSION DEPARTMENTAL PERFORMANCE REPORT

FOR THE PERIOD ENDING
MARCH 31, 2004

_________________________________________
The Honourable William Graham, P.C., M.P.
Minister of National Defence

TABLE OF CONTENTS

STRATEGIC OUTCOME
Enhance the MPCC's informal and expeditious handling of complaints leading to the production of quality reports.
Planned spending: $1,450,000
 
Actual spending: $1,280,000
Total FTEs: 10.5
  • Canadians want fair, equitable, affordable, timely and convenient access to information and services that affect them. Thus, as an agency of the Government of Canada (GoC), it is incumbent upon the Complaints Commission to focus on the needs of its clients as it carries out its responsibilities. This includes resolving matters that come before the Complaints Commission as informally and expeditiously as circumstances and the consideration of fairness permits.
INTERMEDIATE OUTCOMES
  • The Independent Review Authority that was tasked with reviewing the NDA accepted three proposals that will bring additional balance and fairness to the Complaints Commission process.
IMMEDIATE OUTCOMES
  • Presented 17 proposals intended to address some of the issues that impede the effectiveness of the Complaints Commission in providing the type of civilian oversight that is expected to the Independent Review Authority as part of the five-year review of the NDA
  • Undertook discussions with the CF Provost Marshal, the Judge Advocate General (JAG) and the Chief of the Defence Staff (CDS) regarding the Complaints Commission's access to legal advice that a Military Police member says he or she relies on in a particular case
    • Access to this information would enhance the Complaints Commission's capacity to carry out more effective and thorough reviews and investigations
  • Reached an agreement with the Provost Marshal to ensure the Complaints Commission's access to the information it needs to judge whether the informal resolution of a particular complaint is fair and appropriate while still respecting the confidentiality of the parties involved
PLANS AND PRIORITIES (THE PLANS AND PRIORITIES ARE LISTED IN NUMERICAL ORDER, AND THE BULLETED INFORMATION THAT FOLLOWS PROVIDES ADDITIONAL DETAILS.)
  1. Evaluate Part IV of the NDA relating to the MPCC and provide recommendations for amendments
    • Presented a written submission and made an oral presentation to the team responsible for the five-year review of the NDA. The Complaints Commission's proposals focused on the provisions of the legislation that deal with Military Police complaints and oversight (Part IV of the Act)
  2. Assess investigator/analyst capacity and establish contingencies for handling fluctuations in the volume of complaints
    • Refined the Complaints Commission's risk management strategy
  3. Increase delegations of authority and full utilization of the MPCC governance structure
    • Modified the Complaints Commission's governance structure
    • Reduced the number of delegated authorities in the re-organized Complaints Commission from five to two
  4. Enhance coordination of legal and operational processes
    • Amalgamated the senior managers' positions (General Counsel and Executive Director) responsible for legal and operational processes
    • Developed policies and procedures regarding the complaint process
    • Developed an Operations Manual to assist employees involved in both processes
    • Implemented a computerized case management tracking system
  5. Implement quality control functions for our writer/editor
    • Created a Communications Officer Position (yet to be staffed); one function of this position will be to provide quality control of key Complaints Commission documents
Program, resources and results linkages
  • As part of its risk management strategy, the Complaints Commission undertook to identify additional external resources with investigative expertise and experience and arranged to contract for their services on an as-and-when-needed basis. Similar arrangements have been made to ensure adequate administrative support is available when a high volume of complaints is received. The Complaints Commission ended the 2003-2004 fiscal year with no backlog of outstanding complaints.
  • Using a computerized case management tracking system, the Complaints Commission is able to monitor the volume of complaints as well as track the progress of the complaints as they are processed by the Complaints Commission.
  • Ad hoc feedback from clients and stakeholders indicates a good level of satisfaction with the quality of the reports prepared and submitted by the Chairperson as well as with the work of the Complaints Commission in general. A more formalized process for soliciting and analyzing this feedback will be developed following the conduct of a communications review and the development of a communication strategy.
  • An organizational review led to a significant re-organization of the Complaints Commission and the elimination of 10 FTEs and 4 vacant positions.

Performance Discussion

One important performance measurement regarding the expeditious handling of complaints is the MPCC's ability to deal with cases in a timely manner. However, the Chairperson is unable to issue a final report in any given case until the appropriate authority within the CF has provided a response to the Chairperson's Interim Report. It can take anywhere from three to nine months to receive a response. Therefore, to a considerable extent, the Complaints Commission's performance in ensuring cases are resolved in a timely manner is dependent upon the co-operation and collaboration of others.

To ensure that this process occurs as quickly as possible, the Complaints Commission strives to maintain a good working relationship with the CDS, the CF Provost Marshal and other stakeholders. While it is difficult to measure the quality of this relationship, it is important to note that, in this fiscal year, 97% of the Chairperson's recommendations were accepted by the CDS or the CF Provost Marshal.

In addition, the Complaints Commission has no control over the volume and complexity of the complaints received in any given reporting period. In an effort to manage this uncertainty, the Complaints Commission is continually fine-tuning the risk management strategy (which includes lists of lawyers, writers and investigators) that it can use when the volume of complaints exceeds the capacity of the Complaints Commission's internal resources to deal with individual cases in an expeditious manner.

To address some of the issues that impede the effectiveness of the Complaints Commission in providing the type of civilian oversight that is expected, the Complaints Commission took part in the five-year review of the NDA. Of the 17 propositions put forward by the MPCC Chairperson, the following three were accepted:

  • the need for a legislative prohibition on retaliation against complaints;
  • the need to grant both the person who filed the complaint and the subject of the complaint the right to request a review of the CF Provost Marshal's handling of a complaint about the conduct of military police; and
  • the need for Complaints Commission members whose terms have expired to have the authority to complete the cases before them.

The adoption of these proposals will bring additional fairness and balance to the complaints process.

In addition, in early 2004, the Chairperson was provided with the outcomes of a complete organizational review, including a workload analysis that was conducted by Consulting and Audit Canada. This review was undertaken for two reasons: as a result of a report following the independent review of Bill C-25 that recommended an audit of the Complaints Commission and as a result of a report from the Minister's Advisory Committee on Administrative Efficiency that suggested a re-alignment of resources affecting a number of agencies that fall under the broad umbrella of DND. The organizational review led to a significant re-organization of the Complaints Commission and the elimination of 10 FTEs and 4 vacant positions.

STRATEGIC OUTCOME TWO

STRATEGIC OUTCOME
Improve awareness of the MPCC with respect to its mission, mandate, role and results achieved.
Planned spending: $349,000
 
Actual spending: $308,000
Total FTEs: 2
  • It is essential that the public both in Canada and wherever CF Military Police are stationed know their right to complain about Military Police conduct. To enhance confidence in the Military Police justice system - a priority of the Government of Canada and a reason behind the creation of the Complaints Commission - the Military Police must also be aware of their right to complain when they believe another member of the CF or an official of DND has attempted to interfere with an investigation.
INTERMEDIATE OUTCOMES
  • The activities of the 2003-04 fiscal year increased awareness of the Complaints Commission among key stakeholders and increased its citizen-centered focus. The number of visits to the Complaints Commission's Web site highlights this increased awareness.
IMMEDIATE OUTCOMES
  • Raised awareness among Military Police members by visiting with members from across the country
  • Continued to keep abreast of best practices by participating in meetings of the Canadian Association for the Civilian Oversight of Law Enforcement and the International Association for the Civilian Oversight of Law Enforcement
PLANS AND PRIORITIES (THE PLANS AND PRIORITIES ARE LISTED IN NUMERICAL ORDER AND THE BULLETED INFORMATION THAT FOLLOWS PROVIDES ADDITIONAL DETAILS.)
  1. Increase informal exchanges with key stakeholders
    • The Chairperson met with Military Police members at the CF Military Police Branch Annual Symposium and joined other key partners (Special Assistant to the Vice CDS, the CF Provost Marshal, the Deputy Provost Marshal Professional Standards and representatives from JAG) at a symposium
  2. Continue presentations to Military Police detachments and other CF personnel by the Chairperson and other members of the MPCC on the topic of complaints in general and interference complaints in particular
    • The Chairperson and Complaints Commission staff met with Military Police members in Alberta (Suffield and Wainwright), British Columbia (Comox and Esquimalt), New Brunswick (Gagetown), Nova Scotia (Greenwood) and Ontario (Kingston)
  3. Continue with the publication of periodic Special Reports on selected topics of importance providing broad dissemination
    • The Complaints Commission is just finalizing a report on its Informal Resolution Framework for Part IV Complaints along with details regarding internal issues as required by the new Public Service Modernization statute.
  4. Implement enhancements to the MPCC Web site·
    • The MPCC Web site is almost totally compliant with the GoC's Common Look and Feel requirements (with the exception of the color requirements and the standard e-mail signature - which are currently under discussion); this makes it easier for visitors to navigate through the information that is housed on the site
    • Developing a search engine for the site to make the information more accessible to users
Program, resources and results linkages
  • The Complaints Commission has continued to enhance the content and functionality of its Web site - a key vehicle to disseminate information to the general public and other stakeholders. These enhancements include
    • posting the Chairperson's hospitality and travel expenses, as per Treasury Board Secretariat's (TBS's) requirements;
    • ensuring concordance between the English and French versions of documents housed on the Web site; and
    • developing plans for a search engine.
    The MPCC Web site pages were visited 103,468 times between April 1, 2003 and March 31, 2004. (It must be noted, however, that the Web site's current configuration does not allow for the determination of the number of unique visitors this figure represents.)
  • The Complaints Commission has not yet developed a formal data-gathering mechanism that will allow it to measure its profile within DND and the CF as well as with the media and the general public.

Performance Discussion

Raising awareness of the Complaints Commission and its role within the Military Police and the CF, DND, and the public in general is central to its ability to carry out its mandate to enhance the professionalism of Canada's Military Police. Members of the CF and the general public must be aware of their right to complain about the conduct of the Military Police. Moreover, Military Police members must be aware of the recourse available to them if they believe that someone has attempted to interfere with an investigation.

While the Complaints Commission continues with its efforts to raise awareness through such activities as visiting Military Police members and attending national and international conferences, it does not possess formal data to measure its success. To address this issue, the Complaints Commission will undertake Communications Review that will include mechanisms to measure the effectiveness of the communications undertaken by the Complaints Commission.

In addition, the Complaints Commission is currently in the process of finalizing a report on its Informal Resolution Framework for Part IV Complaints. This report will also include details regarding internal issues as required by the new Public Service Modernization statute.

STRATEGIC OUTCOME THREE

STRATEGIC OUTCOME
Provide quality public service through greater efficiency in the operation of the MPCC by taking advantage of technologies, partnerships and adoption of best practices.
Planned spending: $1,863,000
 
Actual spending: $1,644,000
Total FTEs: 11.0
  • In pursuing this outcome, the Complaints Commission has undertaken to maintain or improve service delivery and has demonstrated a continued commitment to modern comptrollership, to benefit from greater collaboration with other small agencies, and by prudent investment in technology, to promote a results-based approach to service delivery.
INTERMEDIATE OUTCOMES
  • Improved the Complaints Commission's quality of service and the efficiency with which that service is delivered through strengthening business management practices, expanding the use of information technology (IT) and broadening partnerships.
IMMEDIATE OUTCOMES
  • Drafted an Action Plan for Implementing Modern Management Practices; this plan will be revised and updated as part of the strategic planning process
  • Reviewed the IT architecture (with the assistance of Consulting and Audit Canada) in order to rationalize the current approach, thus promoting cost-effective IT services
PLANS AND PRIORITIES (THE PLANS AND PRIORITIES ARE LISTED IN NUMERICAL ORDER, AND THE BULLETED INFORMATION THAT FOLLOWS PROVIDES ADDITIONAL DETAILS.)
  1. Develop an action plan based on the results of our modern comptrollership organizational capacity assessment
    • Wrote and implementing the modern comptrollership action plan; it includes work plans (detailing key tasks, time frames and resources) for each of the identified priority areas
  2. Consolidate the Records Management Information System (RMIS) and expand the functionality of other common systems applications previously acquired by the Complaints Commission
    • Developed a draft policy on the RMIS based on TBS guidelines; the Complaints Commission is currently awaiting approval of the policy
    • Currently moving the SQL7 server to the SQL2000 server, which now serves the rest of the organization, thus resulting in a more cost-effective and efficient approach
    • Developing a replacement plan for our assets
    • Researching strategies with the National Archives concerning the archiving and/or disposal of MPCC documents
  3. Develop internal audit and evaluation plans in concert with small agency initiatives of Treasury Board
    • Updating the internal audit and evaluation plan, as required; developing terms of reference for the Complaints Commission's audit committee
  4. Continue to assess the feasibility of partnerships with other agencies or contracting out for common support services through the sharing of experience and knowledge at the Small Agency Administrators Network and other forums
    • Contacted eight departments and agencies to explore the feasibility of sharing support services in the areas of finance, IT and human resources
    • Developed a contingency plan for the finance section in the event that key personnel (e.g., Chief of Finance) are not available
  5. Maintain awareness of Government On-Line (GOL) initiatives and finalize the implementation of Public Key Infrastructure (PKI) secure remote access
    • Enhancing the Complaints Commission's Web site to be compliant with the GoC's Common Look and Feel standards and by migrating the NT4 server to SQL2000 to address security requirements
    • The PKI secure remote access was not implemented during this fiscal year due to the re-organization of the Complaints Commission; it will be implemented in the fall of 2004
Program, resources and results linkages
  • The Complaints Commission is a member of the GoC Small Agencies Administrators Network, through which it is able to benefit from the experience of more mature small agencies and can explore opportunities for collaboration and sharing of resources. In the spirit of increased efficiency and effectiveness, MPCC continues to assess every operational cost to identify potential savings. In turn, the Complaints Commission entered into various partnerships in order to explore the feasibility of sharing support services in the areas of finance, IT and human resources. In light of this, a contingency plan was put in place for the finance section. Work is still underway in the area of IT.
  • Indications from the Office of the Auditor General are that the Complaints Commission's internal audit and evaluation plan will constitute a best practice among government agencies.
  • The Complaints Commission's Web site is 90.6% compliant with Treasury Board Secretariat's GOL requirements. This percentage places the Complaints Commission among the best in the federal public service.

Performance Discussion

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.

While variables such as the unpredictable number and variety of complaints make it difficult for the Complaints Commission to engage in some aspects of financial forecasting, the creation of the modern comptrollership action plan will facilitate the Complaints Commission's planning processes.

The Complaints Commission remains committed to the ongoing implementation of modern comptrollership - an important component of the Management Accountability Framework. As such, the Complaints Commission has drafted an action plan based on the results of its modern comptrollership organizational capacity assessment. Five main priority areas were identified for the 2003-04 to 2005-06 period:

  • develop business planning and operational reporting processes, including a performance measurement system;
  • develop a client feedback measurement capability;
  • measure and track the costs of investigations and cases;
  • enhance the Complaints Commission's work environment; and
  • implement integrated risk management.

In addition, work plans that detail main tasks, a time frame for implementation and the required resources were developed for each priority area.

Once implemented, the plan will result in improved information on the Complaints Commission's results, improved planning and workload management, increased information about the Complaints Commission's clients, the ability to assess the quality of the Complaints Commission's outputs, and increased capacity to manage risks.

APPENDIX A: FINANCIAL PERFORMANCE OVERVIEW

The MPCC continually strives to improve the efficiency and effectiveness of its operations and to rationalize costs related to the agency's performance. The Complaints Commission's operating budget is directly affected by the volume of complaints received and their complexities. Consequently, the Complaints Commission must manage its activities to accommodate this ebb and flow of complaints in a cost-effective manner.

In the Complaints Commission's 2003-2004 RPP, the MPCC's planned spending was indicated as $4.021 million. Through Supplementary Estimates, the MPCC received an additional amount of $105,000, including contributions to employee benefit plans. The Complaints Commission spent $3.566 million or 86.4% of its $4.126 million total authorities.

FINANCIAL SUMMARY TABLES

Because the Complaints Commission is a single business line agency, only the following financial tables are pertinent to its operations:

TABLE 1 - SUMMARY OF VOTED APPROPRIATIONS

Table 1 details the way Parliament votes resources, including voted appropriations and statutory authorities, and details the actual usage of these resources.
Financial Requirements by Authority (thousands of dollars)
Military Police Complaints Commission 2003-2004
Total Main
Estimates
Total
Planned
Spending
Total
Authorities
Total Actual
Spending
Vote  
20 Program Expenditures 3,662 3,662 3,792 3,232
(S) Contribution to Employee Benefit Plan 359 359 334 334
  Total for the MPCC 4,021 4,021 4,126 3,566
Total Main Estimates is reflected in the Estimates Part II 2003-2004.
Total planned spending is reflected in the 2003-2004 Report on Plans and Priorities.
Total authorities correspond to the Main Estimates plus all Supplementary Estimates and other authorities.
Total actual spending is reflected in the 2003-2004 Public Accounts

TABLE 2 - COMPARISON OF TOTAL PLANNED TO ACTUAL SPENDING

Table 2 details resources used by the Complaints Commission in a standardized fashion.
Departmental Planned versus Actual Spending ($ thousands except FTEs)
Military Police Complaints Commission 2003-2004
Total Main
Estimates
Total
Planned
Spending
Total
Authorities
Total Actual
Spending
FTEs* 23.5 23.5 23.5 21.0
Operating 4,021 4,021 4,126 3,566
Capital - - - -
Total Gross Expenditures 4,021 4,021 4,126 3,566
Less: Respendable Revenues - - - -
Total Net Expenditures 4,021 4,021 4,126 3,566
Cost of services provided by other departments**   136   141
Net Cost of the Program 4 021 4 157 4 126 3 707
* Full-time equivalents
** Includes the employer's share of Public Service insurance plans
Total Main Estimates is reflected in the Estimates Part II 2003-2004.
Total planned spending is reflected in the 2003-2004 Report on Plans and Priorities.
Total authorities correspond to the Main Estimates plus all Supplementary Estimates and other authorities.
Total actual spending is reflected in the 2003-2004 Public Accounts.

TABLE 3 - HISTORICAL COMPARISON OF DEPARTMENTAL PLANNED VERSUS ACTUAL SPENDING ($ THOUSANDS)

Table 3 provides an historical perspective on how resources are used by the Military Police Complaints Commission.
  2003-2004
Vote Actual
2001-2002
Actual
2002-2003
Total
Main
Estimates
Total
Planned
Spending
Total
Author-ities
Total
Actual
Spending
MPCC 3,635 3,642 4,021 4,021 4,126 3,566
Total 3,635 3,642 4,021 4,021 4,126 3,566
Total Main Estimates is reflected in the Estimates Part II 2003-2004.
Total planned spending is reflected in the 2003-2004 Report on Plans and Priorities.
Total authorities correspond to the Main Estimates plus all Supplementary Estimates and other authorities.
Total actual spending is reflected in the 2003-2004 Public Accounts.

TABLE 4 - CROSSWALK BETEEN STRATEGIC OUTCOMES AND BUSINESS LINES ($ THOUSANDS)

 
  Strategic Outcomes  
Business Line :
Investigation and Review of Complaints
Expeditious
Handling of
Complaints
Raise Profile of
Complaints
Commission
Greater
Efficiency in
Complaints
Commission
Operations
Total
2003-2004
Planned 1,450 349 1,863 3,662
Total Authorities 1,501 361 1,929 3,792
Expended 1,280 308 1,644 3,232
Total Main Estimates is reflected in the Estimates Part II 2003-2004.
Total planned spending is reflected in the 2003-2004 Report on Plans and Priorities.
Total authorities correspond to the Main Estimates plus all Supplementary Estimates and other authorities.
Total actual spending is reflected in the 2003-2004 Public Accounts.

APPENDIX B: 2003-04 EVALUATIONS AND REVIEWS

  • The First Independent Review by the Right Honourable Antonio Lamer P.C., C.C., C.D. of the provisions and operation of Bill C-25, An Act to amend the National Defence Act and to make consequential amendments to other Acts, as required under section 96 of Statutes of Canada 1998, c.35

  • Achieving Administrative Efficiency - Report to the Minister of National Defence by the Advisory Committee on Administrative Efficiency

APPENDIX C: HOW TO REACH THE COMPLAINTS COMMISSION

There are several ways to reach the Complaints Commission:

  • Call our information line at (613) 947-5625 or toll-free at 1 800 632-0566 and speak to an intake officer.

  • Send us a fax at (613) 947-5713 or toll-free at 1 877 947-5713.

  • Write us a letter describing your situation and mail it with any supporting documents to

    Military Police Complaints Commission
    270 Albert Street
    10th floor
    Ottawa, ON KIP 5G8

  • Visit our office for a private consultation - appointments are recommended.

  • E-mail us at Complaints Commission@mpcc-cppm.gc.ca.
    Note: Do not send confidential information. We cannot guarantee confidentiality at this time.

  • Visit our Web site at www.mpcc-cppm.gc.ca.

Last updated:  2004/11/05 Return to top of the pageImportant Notices