MESSAGE FROM THE CHAIR

It is a pleasure to welcome you to the Military Police Complaints Commission 2005 Annual Report.

My appointment as Chair of the Commission came very late in the 12-month period covered by this Report; however, my background with both the military justice system and independent oversight of law enforcement has led me to follow the work of the Commission with interest since its inception in 1999. I am delighted to have been granted the privilege of leading an organization that displays such a strong and successful commitment to maintaining the sometimes difficult balance between administrative efficiency and the provision of effective, impartial oversight of Canadian Forces military police.

As highlighted by the late Right Honourable Brian Dickson, independent oversight is an important and integral component of the successful delivery of policing services today. The fundamental purpose of oversight agencies is to aid in the promotion of confidence in the police. Despite the continued resistance of a few, this fact is, in my experience, now recognized by the majority in the policing profession.

This Report records that the Commission continued to make significant improvements in all aspects of its operation during 2005. A new service delivery model based on teamwork, multi-tasking and flexibility has been put in place and an organization-wide strategic planning exercise allowed the Commission to bring a new clarity to its mission and vision.

As with any oversight agency, the Commission cannot carry out its mandate without the cooperation of the Canadian Forces, particularly the military police themselves. This past year brought a commitment to improve communication, resulting in a more positive and productive relationship between the Complaints Commission and the leadership of the military police. The Commission is grateful to the Vice-Chief of the Defence Staff and the Canadian Forces Provost Marshal for their participation and commitment to this process. The benefits are already being demonstrated in the efficiency with which the Commission is able to resolve complaints. I look forward to strengthening these relationships in the months and years ahead.

In order to provide effective oversight and ensure the accountability that Canadians demand of their law enforcement agencies, a functional, professional relationship between the oversight body and the police is essential. This is no less the case for military police than for any other police service. The Complaints Commission must understand the unique demands placed on members of the military police. They are police officers, but they are also soldiers, with all of the responsibilities and duties inherent to both professions, which are inextricably intertwined.

The basic accepted elements of modern independent oversight of law enforcement ¨C fairness and transparency ¨C do not change as they are transposed from a civilian to a military policing context. The process must be fair, both to those who make complaints and to those who are the subjects of complaint. Transparency demands that the oversight body be informed of all complaints about police conduct, and the oversight body ¨C not the police ¨C must decide whether a particular complaint is best dealt with as an internal police matter.

While it is reasonable for the police service itself to investigate most complaints about police conduct, the oversight body should have the authority to review and monitor the investigations to ensure fairness and transparency. In cases where the oversight body conducts the investigation, it needs to have the powers to ensure a thorough investigation. While informal resolution of complaints against police is frequently appropriate and desirable, this process also must be subject to independent oversight by the Complaints Commission to ensure the terms of informal resolution are sound and that all sides have been treated fairly.

In beginning my term as Chair of the Complaints Commission, I understand that there is room for progress in these and other matters. I am committed to building on the efforts of my predecessors to ensure that the Commission has the capacity and authority to provide effective oversight of military police. This will help to ensure that Canadians have confidence in a Canadian Forces military police service that is recognized as being of the highest professional calibre.

In closing, I should like to extend my sincere thanks to Mr. Henry Kostuck for his leadership as Interim Chair of the Commission over the past year. I also want to express my gratitude to the staff of the Commission for offering such a warm welcome, and for their invaluable assistance in preparing me for my responsibilities as Chair.

Peter A. Tinsley
Chair