Table of Contents

• MILITARY POLICE COMPLAINTS COMMISSION
  • BACKGROUND
    
  • SUMMARY OF MANDATE
    
  • THE COMMISSION AS AN ORGANIZATION
    
  • ORGANIZATIONAL STRUCTURE
    
    • Operations Branch
    • Legal Services
    • Corporate and Support Services
  • BUDGET

MILITARY POLICE COMPLAINTS COMMISSION

BACKGROUND

In 1997, the Special Advisory Group on Military Justice and Investigation Services, chaired by the late Right Honourable Brian Dickson, former Chief Justice of the Supreme Court of Canada, issued two successive reports. The first assessed the Code of Service Discipline in light of its fundamental purpose, while the second responded to a request by the former Minister of Defence concerning the quasi-judicial role of the Minister under the terms of the Code of Service Discipline.

Also in 1997, the Commission of Inquiry into the Deployment of Canadian Forces to Somalia, chaired by the Honourable Justice Gilles Létourneau, submitted its report to Parliament.

In response to recommendations in the report submitted by the Minister of National Defence to the Prime Minister in 1997, and equally in response to the reports referred to above, the Minister introduced legislation in the House of Commons to substantially modify the National Defence Act, hereafter referred to as the Act.

The need to separate, on an institutional basis, the system’s investigative, defence, prosecutorial and judicial functions was recognized. In addition, there was a requirement to clarify the roles and responsibilities of the principal players in the military justice system as well as the charge laying functions of the military police and the authorities of police units. All of these factors highlighted the need for an independent, external oversight agency leading to the establishment of the Military Police Complaints Commission.

SUMMARY OF MANDATE

In the public interest, the Commission Chairperson may remove a conduct complaint from the jurisdiction of the Provost Marshal, request that the Commission investigate, and, if warranted, hold a hearing into a conduct complaint or an interference complaint.

The Commission has no decision-making authority. It formulates recommendations that may result in the censuring of the personal conduct of those who are the subject of the complaints, but these recommendations are intended first and foremost to rectify the situations leading to complaints in order to prevent their recurrence.

The mandate of the Commission is fulfilled by rendering the handling of complaints concerning the military police more transparent and accessible.

THE COMMISSIONAS AN ORGANIZATION

The Commission consists of not more than seven (7) members, including the Chairperson, appointed by the Governor in Council. The Chairperson performs her functions on a full-time basis and has been assisted since the establishment of the Commission by two part-time members.

Military personnel and civilian employees of the Department of National Defence are not eligible to be members of the Commission. The Commission may consist of one or more members assigned by the Chairperson, including herself. Members so designated are deemed to constitute the Commission.

The Chairperson may make rules respecting the manner of dealing with matters and business before the Commission, including the conduct of investigations and hearings; the distribution of work among Commission members; and the performance of the duties and functions of the Commission.

In relation to the complaint before it, the Commission has the power to summon witnesses, to compel them to testify under oath and to produce evidence, to administer oaths, and to receive and accept evidence.

ORGANIZATIONAL STRUCTURE

Operations Branch

The Operations Branch is responsible for all activities related to complaints, most notably:

• to provide assistance to complainants;
• to follow-up on complaints;
• to conduct investigations;
• to liaise with the office of the Provost Marshal;
• to maintain a complaint information management system; and
• to advise the Chairperson and the Commission on all issues concerning policing policies and procedures.

Legal Services

The principal responsibility of Legal Services consists of the conduct of studies and research, as requested by the Chairperson, and the provision of legal support to the other administrative units. This unit also assumes the following responsibilities:

• to assist the Commission in conducting its investigations and hearings;
• to contribute to the preparation of Commission reports and documents, having to do with the legal aspects;
• to establish and maintain, together with the Canadian Forces Grievance Board, a functional library responding to the needs of both organizations.

The Chairperson has delegated to the Legal Counsel all the responsibilities vested in her, as the Head of the Commission, by the Access to Information and Privacy Acts.

The Legal Counsel is in charge of this Unit and reports directly to the Chairperson.

Corporate and Support Services

Corporate and Support Services are comprised of the following functions: Finance, Human Resources, Administration, Communications, and Information and Technology Management.

Corporate services include the financial, administrative and human resources services. This unit is the responsibility of a manager who reports to the Executive Director.

The Communications function includes, among others, media relations management, information product development (most notably the creation of a Web site), the drafting of press releases and speeches. This unit comes under the responsibility of a manager who reports to the Executive Director.

The Information and Technology Management function includes developing information and technology strategies and tools (notably the Web site), acquiring IT goods and services, managing access to the local network and the Defence Wide Area Network (DWAN), responding to user needs, and updating the Commission’s systems. This unit is headed by a manager who reports to the Executive Director.

The Commission organization chart is included as Annex A.

BUDGET

The Treasury Board transferred reference levels from the Department of National Defence to the Commission, in the amount of $4,010K (20% EBP included) for the 2001-2002 fiscal year and future fiscal years of the Commission.

The preceding budget data was established in accordance with the fiscal year. In order to reconcile this data with the calendar year reporting period of the Commission, a more detailed table is included as Annex B.