Military Police Complaints Commission

During the past three years, the Department of National Defence (DND) and the Canadian Forces (CF) have implemented almost 300 reform and change initiatives. These changes are the result of several reports, including the MND Report to the Prime Minister, the Dickson I an II reports and the report from the Somalia Commission of Inquiry. The Report of the Special Advisory Group on Military Justice and Military Police Investigation Services, chaired by the late Right Honourable Brian Dickson (Dickson I report) recommended significant changes for the Military Justice System as well as the Military Police. Some of the changes include the need for improved transparency and accountability for the military police, and ensuring the independence of military police investigations from the chain of command. One recommendation stated that, "An independent review capability is… essential to ensure confidence and respect for the military justice system.".

On December 10, 1998 Bill C-25 that formally amends the National Defence Act received Royal Assent. This paved the way for the establishment of an independent Military Police Complaints Commission (MPCC). Once the MPCC becomes operational on December 1, 1999, any citizen, including DND and CF personnel, may make a complaint to the MPCC about the conduct of a member of the military police in the performance of any of their policing duties or functions. As well, any military police member who believes on reasonable grounds that the chain of command has interfered with an investigation may make an interference complaint to the MPCC. The purpose of MPCC is to ensure individuals who have such complaints, and individuals against whom allegations are made, are treated in an objective and impartial manner.

Through initiatives such as the establishment of the MPCC, DND and the CF are meeting their commitment to make the complaints process more efficient so members can address concerns in a fair, equitable and timely manner. Similar civilian oversight bodies now exist for the Royal Canadian Mounted Police (RCMP) and provincial police forces. The establishment of a Military Police Complaints Commission will provide for greater public accountability by the military police and the chain of command in relation to military police investigations.

The MPCC will:

• be external and independent of the Department and the CF;
• provide an annual report which will be tabled in Parliament; and
• have the power to conduct public hearings.

Louise Cobetto, currently a member of the Tribunal Administratif du Québec has been appointed Chair designate of the Commission, effective September 1, 1999. Paul E Duffie, Q.C., a lawyer with the firm Duffie, Deschênes & Ouellette, and Thomas G. Flanagan, former Chief of Police, City of Ottawa, will assist Ms Cobetto as part-time members designate in the preparatory work leading up to the establishment of the Commission on December 1, 1999. Ms. Cobetto will continue as Chair and Paul E Duffie and Thomas G. Flanagan wil l continue as part-time members once the Commission comes into existence.