Military Police Oversight Body Reports Positive Outcomes in 2002

The Complaints Commission's Annual Report, entitled Meeting the Challenge of Change, was tabled in Parliament today by the Honourable John McCallum, Minister of National Defence.

"Civilian oversight of law enforcement involves more than investigating complaints and filing reports," said Ms. Cobetto. "We do not measure our success solely on the number of complaints we have processed in a given year, but also on whether we have succeeded in making the Complaints Commission an agent for positive change."

The Annual Report contains summaries of a number of investigations conducted by the Complaints Commission during 2002, including those in which the Chairperson's findings and recommendations led to improvements in Military Police policies and procedures in the conduct of surveillance operations, and in Military Police policies for dealing with civil matters.

At the same time, the Chairperson notes that in 2002, the Complaints Commission received only two complaints from Military Police members alleging other members of the Canadian Forces or Department of National Defence officials interfered or attempted to interfere with their investigations. The Chairperson has observed that members of the Military Police and the Canadian Forces may not be fully aware of this avenue of recourse and the principles behind it.

In an effort to ensure Military Police members understand the concept of interference, and the remedies available to them, the Complaints Commission published a Special Report on interference complaints in December of 2002, entitled Interference with Military Police Investigations: What is it about?

The Military Police Complaints Commission, a quasi-judicial civilian oversight authority, operates independently of the Department of National Defence and the Canadian Forces. The creation of the Complaints Commission in December 1999 was intended to make the handling of complaints involving the Military Police more transparent and accessible.

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Backgrounder

The Military Police Complaints Commission was created on December 1, 1999, as part of a major revision of the National Defence Act aimed at modernizing the military justice system in Canada. The Complaints Commission is a quasi-judicial, civilian oversight body, and operates independently of the Department of National Defence and the Canadian Forces. It reports to Canadians directly through Parliament.

The Complaints Commission was established to make the handling of complaints involving the military police more transparent and accessible, and to ensure that both complainants and members of the military police are dealt with impartially and fairly. The Complaints Commission promotes principles of integrity and fairness, and assists in building confidence in the Military Police within the Department of National Defence, the Canadian Forces and the Canadian public.

The Complaints Commission strives to promote and to ensure the highest standards of conduct of members of the Military Police in the performance of policing duties, and to discourage interference with any military police investigation.

How it works:

The Complaints Commission has exclusive jurisdiction over the investigation of interference complaints. The Canadian Forces Provost Marshal investigates complaints about the conduct of Military Police members in the first instance. Nonetheless, the Complaints Commission has a monitoring power with respect to conduct complaints. The Chairperson can, at any time and in the public interest, exercise her special power and cause the Complaints Commission to investigate a complaint and if deemed necessary, hold a public hearing into a complaint.

In addition, complainants not satisfied with the disposition of a conduct complaint by the Provost Marshal can ask the Complaints Commission to review the matter.

After the Complaints Commission has completed its review or investigation of a complaint, the Chairperson issues an interim report, containing findings and recommendations, if any.

Normally, the interim report is submitted to the Minister of National Defence, the Chief of the Defence Staff or the Deputy Minister (depending on whether the complaint concerns a member of the military or a senior official in the Department), the Provost Marshal and the Judge Advocate General.

In the case of an interference complaint, the interim report is usually reviewed by the Chief of the Defence Staff, and for conduct complaints, by the Provost Marshal, except in cases where they are the subject of the complaint, or are precluded from doing so for other reasons, for example, the principles of fairness and natural justice. In all cases, the person who reviews the interim report must respond to the Chairperson and the Minister with a "Notice of Action," outlining any action that has been taken or will be taken with respect to the complaint.

While not binding, if there is a refusal to act on any of the Chairperson's findings or recommendations, the Notice of Action must provide an explanation for not acting.

After considering the official written response to the interim report, the Chairperson prepares a final report of findings and recommendations.

Copies of the final report are given to:

• the Minister of National Defence;
• the Deputy Minister of National Defence;
• the Chief of the Defence Staff;
• the Judge Advocate General;
• the Provost Marshal;
• the complainant;
• the person who is the subject of the complaint; and
• all persons who have satisfied the Complaints Commission that they have a substantial and direct interest in the complaint.

In the case of public interest investigations or hearings, the Chairperson's final report is also published on the Military Police Complaints Commission Web site, http://www.mpcc-cppm.gc.ca. In order to ensure compliance with the Privacy Act, portions of these reports may be edited prior to publication.