CHAIRPERSON'S RECOMMENDATIONS

RECOMMENDATIONS:

POWER TO COMPEL TESTIMONY BEFORE PUBLIC INTEREST INVESTIGATION

To date, the Complaints Commission has conducted three public interest investigations, involving a total of six complaints. On a number of occasions, some witnesses have declined to be interviewed by Commission Members as part of the investigations. The main concern in doing so appears to be that as witnesses, they have no protection against the future use of their statement. Currently, the Complaints Commission can only subpoena a witness – and offer the corresponding protections against the subsequent use of their testimony against them – when it calls a public interest hearing.

In the view of the Complaints Commission, it should not be necessary to go to the added expense and delay associated with a formal public hearing merely to conduct a proper investigation. The legislative requirement for the Complaints Commission to act expeditiously and informally, as well as sound financial management, offer a strong argument in favour of providing the Complaints Commission with the power to subpoena witnesses for public interest investigations as well as hearings.

Interestingly, the Independent Review Authority for the National Defence Act recommended the Canadian Forces Grievance Board be given this same power.

In the interest of both the effectiveness of civilian oversight of military police, and administrative efficiency:

1. I recommend that the National Defence Act be amended to provide the Military Police Complaints Commission the power of subpoena relative to investigations conducted in the public interest, and that witnesses who provide evidence to such investigations be granted the appropriate protections in law.

PROTECTION AGAINST REPRISAL FOR COMPLAINANTS

The Independent Review Authority for the National Defence Act accepted the proposal of the Complaints Commission and recommends that the Act be amended “to explicitly state that an officer or non-commissioned member of the Canadian Forces who brings a Part IV complaint in good faith to the Military Police Complaints Commission, the Canadian Forces Provost Marshal, the Judge Advocate General or a member of the Military Police will not be penalized for bringing such complaint.”

Given that the Parliament of Canada created the Military Police Complaints Commission in part to assure the independence of military police in their investigations and that there is evidence from discussions with Military Police members that fear of reprisal may already be suppressing legitimate complaints, in particular complaints of interference:

2. I recommend that, pending amendments to the National Defence Act, immediate steps be taken to offer the protection against reprisal proposed by the Independent Review Authority through the issuance of appropriate orders and instructions to Canadian Forces members and to officials of the Department of National Defence

EXTENSION TO SUBJECT MEMBERS OF RIGHT TO REQUEST REVIEW

One of the recommendations of the Independent Review Authority for the National Defence Act states in part that, “...the complainant or the member of the military police whose conduct was the subject of the complaint would have 60 days within which to request a review...”

Currently, only the complainant has the right to request a review of the disposition of his or her complaint. This has led to the perception on the part of Military Police members that the complaints process is slanted in favour of the complainant. Some feel that the complaints are now substantiated in order to please or appease complainants and avoid a review by the Complaints Commission. That the complaints process is fair, and seen to be fair, is fundamental to its integrity.

In the interest of fairness, both sides – the complainant and the subject of the complaint – should have the right to request a review of the complaint. Such an amendment is consistent with the Report of the Independent Review Authority.

3. I recommend that the National Defence Act be amended to provide that, like complainants, members of the military police whose conduct has been the subject of a complaint have the right to request a review of the complaint by the Complaints Commission.

CHAIRPERSON'S CONCLUSION

In reviewing the year 2003, I can say that it has been a year of change and challenge for the Military Police Complaints Commission.

Internally, we continued to develop and implement the management structures, procedures and protocols and the financial systems that will ensure the Complaints Commission continues to meet the highest standards of operational excellence and financial accountability expected of an agency of the Government of Canada.

Through its reviews and investigations of complaints, its outreach activities, its submission to the Independent Review Authority for the National Defence Act and other initiatives, the Complaints Commission continued to demonstrate its determination to carry out the mandate assigned to it by the Parliament of Canada.

While I believe there are elements of the complaints process and the oversight powers of the Complaints Commission that could be amended to enhance its effectiveness, I can nonetheless say with certainty the Complaints Commission has succeeded in bringing a new level of accountability to Canadian Forces Military Police as we continue to work toward a fully fair and transparent system for dealing with complaints against military police, and of interference with Military Police investigations.

At all times, the actions of the Complaints Commission are founded on its commitment to assist military police in being as effective and as professional as possible in the performance of their policing duties and functions. This is essential to maintaining Canadians' confidence in our military police, and in our military justice system.

Canadian Forces Military Police are an integral part of the Canadian Forces, perhaps our nation's most visible and respected public institution. These dedicated, professional men and women are there to serve Canada and Canadians in times of emergency at home, and to put themselves in harm's way as they carry our ideals of peace and justice around the world.

The Military Police Complaints Commission is proud to be associated with the Canadian Forces and Canadian Forces Military Police, and to contribute to the professionalism of the Military Police organization.

Louise Cobetto
Chairperson