TABLE OF CONTENTS

SECTION 1 OVERVIEW

Interim Chairperson's Message
Management Representation Statement

Summary Information
Overall Departmental Performance

Performance Context
Performance Highlights
Risks, Challenges and Possible Solutions

SECTION II - ANALYSIS OF PERFORMANCE BY STRATEGIC OUTCOME

SECTION III - SUPPLEMENTARY INFORMATION

Organizational Information

Organizational Chart for Operations and Corporate Services August 2003
Chairperson's Office and Legal Services Organizational Chart 2003
Organizational Chart June 2004

Table 1: Comparison of Planned Net Spending (incl. FTEs)
Table 2: Use of Resources by Business Lines
Table 3: Voted and Statutory Items
Table 4: Net Cost of Department

SECTION I - OVERVIEW

Interim Chairperson's Message

It is with pleasure that I present to Parliament and to Canadians the 2004-2005 Departmental Performance Report (DPR) for the Military Police Complaints Commission (Complaints Commission). It has been the most challenging of years in our still relatively brief existence - a year that has been dedicated to examining and addressing almost every aspect of the Complaints Commission's operations to better ensure our ability to effectively and efficiently meet our mandate.

Over the past 12 months, the Complaints Commission initiated a wide range of operational changes. As part of this multi-faceted process, the Complaints Commission established a new service delivery model, devised an appropriate management structure to provide oversight, enhanced its governance structure and significantly cut operating costs.

In addition, the Complaints Commission completed a communications review, which targeted potential complainants, Military Police and Canadian Forces members, partners, stakeholders and the media. We were very pleased with the level of response we received and are currently in the process of analyzing the results with the intention of developing a comprehensive communications strategy and action plan.

During this reporting period, the Public Service Commission also completed an audit of the Complaints Commission's staffing activities over the three-year period from April 1, 2001 to March 31, 2004. The audit put forward a number of recommendations, which we have been working hard over the last year to put in place, including establishing performance measures based on staffing values.

It should be noted that, while undergoing a major re-structuring of our human resources, the rationalizing of our finances and the fine-tuning of our management practices to further enhance our operations, the Complaints Commission successfully accomplished many of its priorities - and concluded the largest public interest investigation to date.

Finally, it must be stated that the Complaints Commission could not have achieved so much in the past year without, first, the combined efforts of our past Chairperson and the Vice Chief of Defence Staff who, together, committed to strengthening the working relationship between our organization and the office of the Provost Marshal. Second, I would like to acknowledge the steadfast dedication and support of the Complaint Commission's employees, our part-time members, the unions and our partners. Everyone's continued commitment to our operations has been decidedly reflective of our new service delivery model - one of teamwork, multi-tasking and flexibility - and central to successfully meeting our mandate.

_____________________
Henry Kostuck
Interim Chairperson

Management Representation Statement

I submit for tabling in Parliament, the 2004-2005 Departmental Performance Report (DPR) for the Military Police Complaints Commission.

This document has been prepared based on the reporting principles contained in the Treasury Board of Canada Secretariat's Guide for the Preparation of 2004-2005 Departmental Performance Reports:

• It adheres to the specific reporting requirements;
• It uses an approved Business Lines structure;
• It presents consistent, comprehensive, balanced and accurate information;
• It provides a basis of accountability for the results pursued or achieved with the resources and authorities entrusted to it; and
• It reports finances based on approved numbers from the Estimates and the Public Accounts of Canada.

_____________________
Henry Kostuck
Interim Chairperson

Summary Information

Commission's raison d'être - the Complaints Commission was created by Parliament to ensure independent, impartial, thorough and expeditious consideration of complaints about the conduct of the Canadian Forces Military Police and of complaints of interference with Military Police investigations.

By carrying out this mandate and promoting the principles of integrity, fairness and transparency, the Complaints Commission contributes to the professionalism of the Military Police, helping to ensure Canada's Military Police continues to enjoy the confidence of the Canadian Forces, the Department of National Defence and all Canadians.

Total Financial Resources ($000)

Planned	Authorities	Actual
$4,211	$4,064	$2,985

Planned	Actual	Difference
17	16	1

Strategic Outcomes	2004-2005 Priorities/ Commit- ments	Type	Planned Spending ($000)	Actual Spending($000)	Expected Results and Current Status
1. Enhance the capacity of the Complaints Commission to handle complaints in an informal and expeditious manner, leading to the production of quality reports.	1. Resolution of matters before the Complaints Commission as informally and expedi- tiously as the circum- stances and the consideration of fairness permit	Previous and ongoing	$501	$498	Not yet fully met
	2. Refinement of processes that will serve to ensure all reports achieve expectations of high quality	Previous and ongoing	$501	$416	Success- fully met
	3. Client- focused service	Previous and ongoing	$501	$298	Success- fully met
2. Increase awareness of the Complaints Commission with respect to its mission, mandate, role and results achieved.	1. Improve awareness among key stakeholders with respect to the Complaints Commission's mandate and services	Previous and ongoing	$120	$108	Not yet fully met
	2. Improve awareness of the Complaints Commission with respect to its mandate through continuation of its outreach program	Previous and ongoing	$120	$127	Not yet fully met
	3. Increase citizen-centred focus by implementing user-friendly refinements to electronic access to information about the Complaints Commission and the complaints process	Previous and ongoing	$120	$107	Success- fully met
3. Provide quality service to Canadians through greater efficiency in the operation of the Complaints Commission by taking advantage of technologies, partnerships and the adoption of best practices.	1. Maintain or improve service delivery and continued commitment to modern comptro- llership	Previous and ongoing	$644	$544	Success- fully met
	2. Benefit through continued collaboration with other small agencies and through the adoption of innovative service delivery practices	Previous and ongoing	$644	$443	Success- fully met
	3. Invest prudently in technology to enhance a cost-effective, results-based approach to service delivery	Previous and ongoing	$644	$444	Success- fully met

Overall Departmental Performance

Over the past year, the Complaints Commission has taken significant steps to enhance how it handles complaints and how it functions on a day-to-day basis.

Notably, the Complaints Commission has continued to improve its service delivery and commitment to modern comptrollership. To better ensure that there is a balance between caseload and human and financial resources, the Complaints Commission established a new service delivery model - based on teamwork, multi-tasking and flexibility - devised an appropriate management structure to oversee this new model and determined its desired corporate culture.

As part of the planning process, the Complaints Commission implemented its modern management action plan, which resulted in the adoption and publication of its Business Plan at the beginning of the 2004-2005 fiscal year, allowing it to comply fully with all operational reporting requirements. Part of the action plan also involved conducting an organization-wide strategic planning exercise to identify new - and to fine-tune existing - priorities.

In addition, the Complaints Commission has taken steps to increase the efficiency and cost-effectiveness of its information technology (IT). Through a review by Consulting and Audit Canada, the Complaints Commission was able to further rationalize its IT structure, thus saving considerable time, effort and money.

Performance Context

Monitoring, Review and Investigation of Complaints

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. The Chairperson may cause the Complaints Commission to conduct an investigation of and, if warranted, to hold a public hearing into a conduct complaint or an interference complaint if it is deemed to be in the public interest.

The Complaints Commission's monitoring function is necessary to ensure a transparent complaints process and to support the Chairperson's power to cause the Commission to assume responsibility for the handling of a conduct complaint at any time in the process if he deems this to be in the public interest. This power to assume responsibility for dealing with conduct complaints applies even to cases in which a complaint has been withdrawn.

The Canadian Forces Provost Marshal is required to notify the Complaints Commission Chairperson

• when a conduct complaint is received, and what the status of the complaint is after 60 days, and then every 30 days thereafter. The Canadian Forces Provost Marshal is also required to provide the Chairperson with the results of any subsequent investigation into the complaint; and

• when a complaint is resolved informally, to notify the Chairperson of the resolution.

In all cases, including those in which the Provost Marshal determines a conduct complaint does not warrant investigation or would be dealt with more appropriately under another part of the National Defence Act or another Act of Parliament, the Provost Marshal must notify complainants of their right to ask the Commission to review the disposition of their complaint.

The Complaints Commission formulates findings and recommendations that may result in the censuring of the personal conduct of those who are the subject of the complaint. However, these findings and recommendations are intended first and foremost to rectify the situations leading to the complaints in order to prevent their recurrence. In the past, recommendations of this type have led directly to specific improvements in Military Police policy, procedures and training.

If the person reviewing the Chairperson's findings or recommendations decides not to act on them, the reasons for not acting must be provided to the Minister of National Defence and the Chairperson.

Performance Highlights

The following chart provides a snapshot of the Complaints Commission's caseload for the 2004 calendar year.

During the 2004 calendar year, the Complaints Commission monitored the Provost Marshal's disposition of 46 conduct complaints and received 8 requests for reviews of conduct complaints investigated by Professional Standards. Two complaints of interference were filed with the Complaints Commission during the same period. Most notably, the Complaints Commission successfully completed its largest public interest investigation to date with respect to two conduct complaints.

The military authorities accepted 70 per cent of the recommendations made by the Chairperson since the Complaints Commission was created. Approximately 62 per cent of these recommendations have been implemented.

Human Resources

Over the past fiscal year, the Complaints Commission placed a great deal of emphasis on refining its human resources processes. This included initiating an extensive consultation process with the unions to enhance the Union/Management Committee, and develop and refine the Complaints Commission's human resources policies. Because of the unions' continued assistance, the Complaints Commission was able to put its policies in place ahead of the April 1, 2005 deadline.

The Public Service Commission completed its audit of the Complaints Commission in October 2004. Implementing the audit recommendations was a key priority for the Complaints Commission, and by the end of the reporting period, all were in place.

Performance Measurement

The Complaints Commission has continued to develop and extend its application of its performance measurement and management framework to all aspects of its operations. The communications review conducted late in the fiscal year is expected to provide valuable data so that the Complaints Commission can establish reliable targets and indicators against which it can monitor its performance.

Five-Year Review of the National Defence Act

Although the review of the National Defence Act was completed during the 2003-2004 fiscal year, the Complaints Commission continued to focus on responding to and providing feedback on the recommendations made by the reviewing authority. The Complaints Commission continually met its deadlines with regards to providing the required information through all phases of this process.

Risks, Challenges and Possible Solutions

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 the investigation of a particular 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. As such, a lasting contribution will have been made to increasing the professionalism of Canada's Military Police.

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. Such a measurement would be possible only after collecting data over the course of many years.

Another challenge facing the Complaints Commission, and a peculiarity of its operating environment, is the lack of control over the volume and complexity of the cases received. Consequently the Complaints Commission must manage its activities to accommodate the ebb and flow of complaints in a cost-effective manner. Through the implementation of a new service delivery model during the past year, the Complaints Commission has put in place contingencies to ensure that 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 manner.

SECTION II -
ANALYSIS OF PERFORMANCE BY STRATEGIC OUTCOME

Performance Discussion

One important performance measurement regarding the expeditious handling of complaints is the Complaints Commission's ability to deal with cases in a timely manner. It should be noted that the Chairperson is unable to issue a final report in any given case until the appropriate authority within the military, in most cases, has provided a response to the Chairperson's Interim Report. In the past, this process has taken anywhere from three to nine months.

Most recently, however, through very productive discussions between the Complaints Commission's former Chair and the Vice Chief of Defence Staff - and the Complaints Commission's even stronger commitment to provide timely, quality reporting - this working relationship has been considerably strengthened. As a result, cases have been processed more expeditiously.

In turn, to further enhance client service and to better manage the potential volume and complexity of complaints received in any given reporting period, the Complaints Commission has established a risk-based service model (refer to Strategic Outcome 3 for more information) that enables it to draw on outside investigators, lawyers and writers to deal with individual cases in an expeditious manner.

Performance Discussion

The communications review, while not yet complete, has resulted in a significant number of observations thus far. Central to the review is determining the extent to which the Complaints Commission is effectively and efficiently serving Canadians and its other target audiences by being responsive to needs and providing accurate, complete and timely services and related information. Some opportunities for improvement include enhancing outreach activities and media relations. Once the Complaints Commission has an opportunity to analyze the results of the review, it intends to address the recommendations over the next few fiscal years with the assistance of some of key stakeholders, including the Canadian Forces Provost Marshal and the Vice Chief of Defence Staff.

Performance Discussion

In its efforts to maintain and improve service delivery and its continued commitment to modern comptrollership, the Complaints Commission has focused a great deal of energy on fine tuning its service delivery management and governance structures. Building on last year's risk management framework, the Complaints Commission established a new service delivery model, enabling the organization to better operate within its significantly reduced resources - while providing clients with the improved service they want and deserve.

In turn, the organization's strategic planning process will help to ensure that key priorities and issues are addressed and that short- and long-term outcomes are captured and evaluated. As a result, a strategic plan and corresponding action plan was developed.

What has also been central to enhancing service delivery is management and staff's continued commitment to build a more "people-centred" and productive corporate culture. Through a series of working sessions, the Complaints Commission employees identified a number of essentials to support productivity and quality service, including recognition for everyone's contributions, access to challenging, well-articulated assignments and opportunities for training and development, and an overall sharing of responsibilities in a climate of mutual trust and respect.

SECTION III - SUPPLEMENTARY INFORMATION

Organizational Information

The following organizational charts represent the Complaints Commission before and after the significant reorganization and realignment.

Organizational Chart for Operations and Corporate Services August 2003

Chairperson's Office and Legal Services Organizational Chart 2003

Organizational Chart June 2004

Table 1: Comparison of Planned Net Spending (incl. FTEs)

*Includes employer's share of Public Service Insurance Plan

Table 2: Use of Resources by Business Lines

Table 3: Voted and Statutory Items

Table 4: Net Cost of Department

($ thousands)	2004-2005
Total Actual Spending	2,985
Plus: Services Received without Charge
Accommodation provided by Public Works and Government Services Canada (PWGSC)	-
Contributions covering employers' share of employees' insurance premiums and expenditures paid by TBS (excluding revolving funds)	109
Worker's compensation coverage provided by Social Development Canada	-
Salary and associated expenditures of legal services provided by Justice Canada	-
	3,094
Less: Non-respendable Revenue	-
2004-2005 Net cost of Department	3,094