News Release

OTTAWA, 15 June, 2005 - Henry Kostuck, interim Chairperson of the Military Police Complaints Commission, has decided to hold a public interest hearing to shed light on a complaint concerning the conduct of two military police members with respect to a sexual assault investigation and the resulting measures directed by the Canadian Forces Provost Marshal, the Head of the Military Police.

The Head of the Military Police found that the investigating officers possessed important evidence that could exonerate a youth suspect yet disregarded such critical information and failed to provide exculpatory evidence to the Crown Prosecutor. The following four allegations were also found substantiated: implying to the young suspect that the presence of a lawyer was not necessary; failing to concede to the minor's request to stop the interview in order to consult with a lawyer; using improper questioning tactics and engaging in discreditable conduct.

The Provost Marshal directed that these members be counseled and receive refresher training, - corrective measures which may or may not fit the allegations and the findings of her report. "Upon reviewing these measures ordered by the Head of the Military Police, the seriousness of the allegations and findings, I consider it advisable in the public interest to hold a hearing into this complaint", said Mr. Kostuck. "It is important to examine all the facts as well as the appropriateness of the measures taken against the two subject Military Police members", he added.

A date and place for the hearing shall be determined once the Commission has examined the investigation files, which are currently in the possession of the Military Police.

For more information, please contact:
Philippe Laroche
Communications Officer
Military Police Complaints Commission
Tel: (613) 947-5668
Fax: (613) 947-5713
e-mail : larochep@mpcc-cppm.gc.ca

Although the Canadian Forces Provost Marshal, the Head of the Military Police, is responsible for dealing with conduct complaints in the first instance, the National Defence Act allows the Commission to closely monitor every step in the handling of conduct complaints by the Provost Marshal and to intervene as required. Furthermore, the Provost Marshal must file with the Commission a report on the investigation as well as on the actions taken or anticipated with respect to the disposition of the complaint.

If a complainant is dissatisfied with the Provost Marshal's handling of a complaint, the complainant may refer the complaint to the Commission for review.

The Chairperson may, at any time when deemed advisable in the public interest, cause the Commission to conduct an investigation and, if warranted, to hold a public hearing into a complaint.

The Military Police Complaints Commission has substantial powers in the conduct of hearings, including administering oaths, calling witnesses by subpoena and compelling them to give evidence under oath, and to produce documents. The Commission is also empowered to receive evidence and information, whether admissible in a court of law or not, subject to certain restrictions in the National Defence Act.