Table of Contents

2. Issue 3 : Was the Release from Arrest by Chief Warrant Officer Pierre Gauvin Proper and Lawful?
1. Commission Members' Finding and Recommendations: Issue 3

B. ISSUE 3: WAS THE RELEASE FROM ARREST BY CHIEF WARRANT OFFICER GAUVIN PROPER AND LAWFUL?

At the end of the conversation, CWO Gauvin released Cpl Hamm from arrest and instructed a member to accompany Cpl Hamm to his residence.

The DPM PS concluded that, by virtue of QR&O; section 105.12 (Release of Arrested Person Unless Conditions Necessary For Retention In Custody Are Met), MCpl Paul should have released Cpl Hamm rather than CWO Gauvin. Section 158(1) of the NDA and QR&O; section 105.12 make it clear that it must be the arresting officer who releases the individual under arrest. QR&O; section 105.12 and section 158(1) of the NDA state, in part, "A person arrested under this Act shall, as soon as practicable, be released from custody by the person making the arrest [...]." The DPM PS directed that CWO Gauvin be advised of the requirements for the release of arrested persons be carried out.

COMMISSION MEMBERS' FINDING # 27: The Commission Members find that Chief Warrant Officer Gauvin did not have the authority to release Corporal Hamm. His releasing Corporal Hamm was not in accordance with the principles of subsection 158(1) of the National Defence Act and Queen's Regulations and Orders section 105.12. Chief Warrant Officer Gauvin should have called on the arresting officer, Master Corporal Paul, to release Corporal Hamm from arrest.

COMMISSION MEMBERS' FINDING # 28: The Commission Members find that the measure taken to advise Chief Warrant Officer Gauvin of the requirements for the release of arrested persons, pursuant to the direction in the Deputy Provost Marshal Professional Standards' Letter of Final Disposition, was appropriate and sufficient in the circumstances.