Table of Contents

CHRONOLOGY OF EVENTS

1999
November 2	Corporal Hamm fails his Express Test (physical fitness test).
November 9	Warrant Officer Lewis (then Sergeant) assigns Sergeant Smith (then Master Corporal) to advise Corporal Hamm that the Wing Security and Military Police Officer ordered him to attend the Fitness Development Program and to sign the register.
November 15-19	Corporal Hamm attends the Interview/Interrogation Techniques Course.
End of November	Corporal Hamm signs as having read 1180-1, Wing Security and Military Police Weekly meeting minutes dated 17 Nov 99 paragraph 22 - Remedial Physical Training required "mandatory" for all those who failed the Express Test.
December 13-17	Corporal Hamm attends the Investigator's Course Level 1.
2000
January 18	Warrant Officer Lewis has Corporal Hamm and Sergeant Smith in her office. Warrant Officer Lewis claims she told Corporal Hamm that he was ordered to do Remedial Physical Training three (3) times per week and went into details about signing the register. Warrant Officer Lewis makes a written note regarding this meeting.
March 13-April 14	Corporal Hamm attends an Investigator's Course in Borden.
April 10	Corporal Hamm receives a very positive personal evaluation report.
April 15-May 2	Corporal Hamm takes Annual Leave.
May 3	Corporal Hamm asks if he could return to normal working hours. He adds that the change was not accomplishing anything because he had to get up early anyway to do his Remedial Physical Training. Corporal Hamm's request is approved.
May 25	Warrant Officer Lewis calls Lori Watts (Fitness Coordinator) to verify Corporal Hamm's attendance at Remedial Physical Training for the period of November 1999 - May 2000.
May 29	Warrant Officer Lewis receives an e-mail from Lori Watts indicating that Corporal Hamm only attended three (3) classes (February 1, 7 and 10, 2000). Warrant Officer Lewis tells Sergeant Smith of her findings and asks Sergeant Smith to look into it.
June 01	Sergeant Smith informs Warrant Officer Lewis that Corporal Hamm indicated that he had been attending Remedial Physical Training.
June 03	Warrant Officer Lewis calls Lori Watts and asks her to check Corporal Hamm's attendance again for the week of May 30 - June 2, 2000. She receives a reply stating that Corporal Hamm is still not attending the classes. When Warrant Officer Lewis checks with Sergeant Smith he says that there was a mistake because he saw Corporal Hamm on May 30, 2000 in the weight room on a stationary bike, at which time he approached him and asked him why he wasn't with the rest of the class. Corporal Hamm said that they were doing a test and the instructor sent him upstairs.
June 03	Accompanied by Sergeant Smith, Warrant Officer Lewis attends the Recreational Center where she meets Lori Watts (Fitness Coordinator). Lori Watts introduces them to Diane Chinner (an instructor). Diane Chinner indicates that the name of Corporal Timothy Hamm did not sound familiar and that she usually knows everyone who attends her classes frequently. She adds that the attendance is taken by roll-call at the end of the class. The names are called out and the instructor initials beside the names. Sergeant Smith asks Diane Chinner if she sent someone upstairs to do Physical Training on their own (while the rest of the class was being tested) on May 30, 2000. She replies no and that she would never do that because it would not constitute a "supervising" class. Lori Watts brings two other instructors, Tania Taschuk and Renee Nuttall, into the room. They state that Corporal Hamm was not a name that they recognized. Warrant Officer Lewis physically describes Corporal Hamm and they reply that they do not think that they saw him in their classes. They indicate that if they saw a picture it would help them refresh their memory.
June 05	Lori Watts e-mails Warrant Officer Lewis stating that they have no record of Corporal Hamm attending Remedial Physical Training except for the three (3) days mentioned.
June 06	Corporal Hamm signs a form indicating his Physical Training test is scheduled for July 6, 2000. The form also indicates that he was ordered to attend Remedial Physical Training five (5) times per week.
June 20	Corporal Hamm attends medical office and is granted one (1) day Excused duty; seven (7) days Light Duty; Physical Training own pace.
June 26	Corporal Hamm is charged under s. 129 of the National Defence Act for neglect to the prejudice of good order and discipline in relation to failing to sign-in for Remedial Physical Training three (3) times per week between January 18 and May 29, 2000.
July 06	Express Test is scheduled for this date. However, Corporal Hamm is medically exempt for one (1) month and Physical Training at his own pace.
July 25	Dr. McNally excuses Corporal Hamm from Physical Training until physiotherapy is completed (open-ended medical chit).
August 09	Express Test is scheduled for this date; however, it does not occur due to Corporal Hamm's medical status.
August 16	Express Test is scheduled for this date; however, it does not occur due to Corporal Hamm's medical exemption open-ended chit obtained July 25, 2000.
September 20	Corporal Hamm is convicted at a summary trial and receives a caution (lowest sanction) for failing to sign-in for Remedial Physical Training.
October 10	Corporal Hamm requests a review of his summary trial decision.
October 30	Reviewing Officer quashes the finding and sentence and refers the matter for a new trial.
November 23	Corporal Hamm is advised of new summary trial.
December 05	Corporal Hamm has his second summary trial, is convicted and receives a fine (higher penalty than the 1st time).
December 06	Corporal Hamm requests a day off from Warrant Officer Rice (then Sergeant). Warrant Officer Rice refuses stating that Corporal Hamm needs to train Master Corporal Paul (then Corporal).
December 07	Corporal Hamm goes to see Dr. Burke who gives him sick leave for                 from December 7-13, 2000. Corporal Hamm informs Chief Warrant Officer Gauvin and Warrant Officer Rice of the sick leave, but not the reason for it.
December 7-13	Corporal Hamm is on sick leave.
December 12	Corporal Hamm is arrested at his residence.
December 12	While under arrest, Corporal Hamm calls his brother in Trenton, Ontario. Warrant Officer Hamm calls Chief Warrant Officer Stopford, Cold Lake, Alberta, regarding the matter after he conferred with his superior. Warrrant Officer Hamm calls Chief Warrant Officer Galway at 20.00 hours.
December 13	Warrant Officer Hamm e-mails the details to Chief Warrant Officer Galway to lay a formal complaint. Chief Warrant Officer Galway calls Lieutenant-Colonel Carey (then Major), Deputy Provost Marshal Professional Standards, at 09.15 hours to advise her of the arrest and complaint.
December 14-January 12	Dr. Burke signs a sick leave pass for Corporal Hamm during this period.
December 14	Telephone conversation takes place between Lieutenant-Colonel Carey, Deputy Provost Marshal Professional Standards, and Capt Morrison (then Lieutenant), Acting/Wing Security and Military Police Officer in Cold Lake, Alberta. Tasking Instructions for Professional Standards Internal Investigation (2120-2-2-2/TD 088-00) is signed-off by Master Warrant Officer Rutter.
December 14	Warrant Officer Hamm formalizes his concerns/complaint in a letter.
December 15	Dr. Skanes decides to override Dr. Burke's decision. Dr. Skanes does so after a telephone conversation with one of Corporal Hamm's superiors.
December 20	Canadian Forces National Investigation Service plan to investigate alleged breaches of service discipline by Chief Warrant Officer Gauvin, Warrant Officer Rice, Corporal Murray and Master Corporal Paul is signed.
2001
January 3	Deputy Provost Marshal Professional Standards, Lieutenant-Colonel Carey, signs a note to Warrant Officer Bureau to task this investigation which is being held in abeyance. She states that "this is an internal dealing".
January 22	Corporal Hamm is given a verbal warning (reduced to writing) by Chief Warrant Officer Gauvin for being insubordinate on the phone with Warrant Officer Rice, for disobeying a lawful command when he refused to attend Warrant Officer Rice's office and for again being insubordinate in Warrant Officer Rice's office when asked to stand at attention on December 12, 2000.
February 19	Edmonton Sun article is published.
February 27	Express Test is scheduled; however, it does not take place as Corporal Hamm is excused from duty one (1) day; fourteen (14) days Light Duty.
Prior to 20 March	Warrant Officer Rice signs notification that Corporal Hamm is scheduled for his Express Test on March 20, 2001 with a note that if Corporal Hamm feels that he is medically unfit to take the test that he "shall" report to Warrant Officer Rice, Warrant Officer Spek, or Chief Warrant Officer Gauvin prior to attending the medical office.
March 20	Express Test is scheduled for this day; however, it is rebooked for March 29th at Corporal Hamm's request as he is on annual leave.
March 29	Express Test is scheduled for this day; however, Corporal Hamm provides medical chit for Light Duty thirty (30) days.
April 30	Dr. McNally signs sick leave card for thirty (30) days stating that Corporal Hamm is unfit for the Express Test.
May 16	Telex requesting that Corporal Hamm be posted early (June 18, 2001) to Ottawa in the Canadian Forces National Investigation Service is received at Cold Lake, Alberta.
June 05	Corporal Hamm receives copy of telex from Chief Warrant Officer Gauvin advising that he must commence at the Canadian Forces National Investigation Service on June 18, 2001.
July 08	Captain Pineau signs Canadian Forces National Investigation Service Investigation Report. Subject members: Warrant Officer Rice, Master Corporal Paul, Chief Warrant Officer Gauvin, Corporal Murray. Allegations of unlawful arrest and witness tampering. Investigation concludes that: Master Corporal Paul and Corporal Murray had reasonable and probable grounds to believe that a service offence had been committed when Corporal Hamm refused to accompany them pursuant to Warrant Officer Rice's order and that they were acting in good faith; Warrant Officer Rice recalled Corporal Hamm to duty contrary to the Queen's Regulations and Orders for the Canadian Forces section 16.01 and will be charged with s.129 of the National Defence Act; no evidence to support witness tampering by Chief Warrant Officer Gauvin.
July 11	Warrant Officer Rice is charged under s. 129 of the National Defence Act.
August 04	Major Thobo-Carlsen makes a formal request for Canadian Forces National Investigation Service investigation against Corporal Hamm for insubordination, disobeying a lawful command in the December 12, 2000 incident.
August 9	Warrant Officer Rice's summary trial for alleged s. 129 of the National Defence Act violation. He is found not guilty.
August 29	Inspector Russ Grabb (Officer Commanding Canadian Forces National Investigation Service) refuses to investigate Corporal Hamm as per Major Thobo-Carlsen's request.
August 30	Inspector Russ Grabb writes to the Chairperson asking for complete review of the complaint, investigation and issues as he finds the actions of Military Police Commanders at Cold Lake troubling. This is the first time the Complaints Commission was advised of this complaint.
November 09	Chairperson requests answers from the Deputy Provost Marshal Professional Standards (Lieutenant-Colonel Carey) as to why the matter was classified as an "internal" investigation and why the Complaints Commission was not advised earlier.
November 14	Deputy Provost Marshal Professional Standards (Lieutenant-Colonel Carey) writes note to Master Warrant Officer to draft letter to Military Police Complaints Commission stating "that in error the MPCC was omitted from that letter. Leave it at that."
November 15	Deputy Provost Marshal Professional Standards (Lieutenant-Colonel Carey) writes to the Chairperson explaining that the "internal" classification was an oversight.
2002
January 10	Deputy Provost Marshal Professional Standards (Lieutenant-Colonel Carey) writes to Chairperson explaining that the "Internal Investigation" caption was done in error and has since been rectified.
February 21	Professional Standards Investigation by Sergeant Dussault is completed. Allegations against Warrant Officer Rice, Corporal Murray, Master Corporal Paul and Chief Warrant Officer Gauvin were all unsupported.
April 05	Deputy Provost Marshal Professional Standards (Lieutenant-Colonel Carey) forwards Letters of Final Disposition to those involved advising of her decision in this case indicating that the allegations against Warrant Officer Rice, Corporal Murray, Master Corporal Paul and Chief Warrant Officer Gauvin are unsupported.
April 15	Deputy Provost Marshal Professional Standards (Lieutenant-Colonel Carey) sends telex instructing that Corporal Hamm's credentials be suspended.
April 18	Captain Chiasson e-mails Commander Moore requesting that the decision to suspend Corporal Hamm's credentials be revisited.
April 22	Acting Deputy Provost Marshal Professional Standards (Major Pumphrey) responds that they will uphold the decision of Lieutenant-Colonel Carey as there is no reason to reverse it.
April 23	Captain Chiasson further expresses his concerns to Commander Moore, which are communicated to Major Pumphrey. Major Pumphrey responds that the decision will not be revisited.
April 23	Telex is sent from Captain Chiasson to the Deputy Provost Marshal Professional Standards advising that Corporal Hamm's credentials were suspended as directed.
April 23	Captain Chiasson signs a very positive personal evaluation report for Corporal Hamm.
April 30	Warrant Officer Hamm requests a review by the Complaints Commission of the Deputy Provost Marshal Professional Standards' decision and investigation.
May 02	Acting Deputy Provost Marshal Professional Standards (Major Pumphrey) signs a second set of Letters of Final Disposition which indicate that Warrant Officer Rice, Corporal Murray, Master Corporal Paul and Chief Warrant Officer Gauvin did not breach the Military Police Professional Code of Conduct; however, did state that Warrrant Officer Rice ought to be counselled for                 ; that Warrant Officer Hamm acted on incomplete information and was premature in submitting his complaint and that he be counselled to ensure that he understands the situation; that Chief Warrant Officer Gauvin should not have released Corporal Hamm from arrest as he had no authority as per the Queen's Regulations and Orders for the Canadian Forces section 105.12 and Chief Warrant Officer Gauvin is to be advised as such; and that Corporal Hamm misled his brother and manipulated the situation.
May 15	Corporal Hamm makes a complaint in the first instance to the Complaints Commission.
July	Warrant Officer Hamm is counselled by Lieutenant-Colonel Dixon, 1 Canadian Air Division Provost Marshal, as per the Deputy Provost Marshal Professional Standards' instructions.