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SECTION II — ANALYSIS OF PROGRAM ACTIVITY BY STRATEGIC OUTCOME

ANALYSIS OF PROGRAM ACTIVITY BY STRATEGIC OUTCOME

Strategic Outcome

The Commission has one strategic outcome: Conduct complaints against the Military Police and interference complaints by the Military Police are resolved in a fair and timely manner and recommendations made are implemented by the Department of National Defence and/or the Canadian Forces.

This strategic outcome aligns itself with the Government of Canada outcomes of maintaining safe and secure communities both within the country and around the world.

Program Activity

The Commission has one activity: to successfully resolve complaints about the conduct of military police members, as well as complaints of interference with military police investigations, by overseeing and reviewing all complaints received. This program is necessary to help the military police to be as effective and as professional as possible in their policing duties and functions.

The Commission conducts investigations into complaints about the conduct of military police members, as well as complaints of interference with military police investigations. As a result of these investigations, the Commission provides fair, impartial and timely recommendations to DND in response to identified needs, gaps and flaws in the quality of military policing.

The Military Police Complaints Process

To appreciate the performance, it is necessary to understand the process. The Commission is mandated to monitor the investigation and disposition of complaints about military police conduct by the Canadian Forces Provost Marshal, to independently investigate such complaints, as appropriate, and to investigate allegations of interference in military police investigations. An overview of each complaint process is set out below.

The Canadian Forces Provost Marshal (CFPM), the chief of military police, has primary responsibility for the investigation of complaints about the conduct of military police. The Commission has the authority to monitor the investigation and disposition of the complaints by the CFPM, and to independently investigate complaints as appropriate, such as upon request of the complainant.

The Commission has exclusive jurisdiction for the investigation of complaints of interference in a military police investigation.

When the Chair determines it is in the public interest, the Commission can exercise its power to assume immediate responsibility for the investigation of a conduct complaint and, if warranted, to hold a public hearing.

Complaints About Police Conduct

Conduct Complaint Filed

Anyone, including civilians, may file a complaint about military police conduct.
Informal resolution is encouraged

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Provost Marshal Investigates Complaint

The Commission monitors process, and may, in the public interest, assume responsibility for investigation or call a public hearing.

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Request For Review

If not satisfied with the results of the Provost Marshal's investigation, a complainant can ask the Commission to review the complaint.

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Commission Reviews Complaint

At a minimum, this process involves a review of documentation related to the Provost Marshal's investigation. It can also include interviews with the complainant, the subject of the complaint, and witnesses, as well as review of relevant legislation, and police policies and procedures.

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Commission Releases Interim Report

Depending on the nature of the complaint, this report is sent to one or more of a number of senior officials in the Canadian Forces and/or the Defence Department.

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Notice of Action

The Notice of Action, the official response to the Interim Report, outlines what action, if any, has been or will be taken in response to the Commission's recommendations.

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Commission Releases Final Report

After considering the Notice of Action, the Commission issues a Final Report of finding and recommendations. Copies of the Final Report are provided to the complainant and the subject(s) of the complaint, among others.

Interference Complaints

Interference Complaint Filed

Members of the military police who conduct or supervise investigations may complain about interference in their investigations.

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Commission Investigates

The Commission has sole jurisdiction over the investigation of interference complaints.

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Commission Releases Interim Report

The Interim Report includes a summary of the Commission's Investigation, as well as its findings and recommendations. This report goes to the appropriate senior officials in the Canadian Forces and the Department of National Defence.

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Notice Of Action

This official response to the Interim Report indicates the actions, if any, that have been or will be taken to implement the Commission's recommendations.

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Commission Releases Final Report

Taking into account the response in the Notice of Action, the Commission prepares a Final Report of its findings and recommendations in the case. Both the complainant and the subject of the complaint are among those who receive copies of the report.

The Commission's involvement in investigating complaints about police conduct or interference complaints results in the Chair preparing reports (interim and final) of findings and recommendations. The interim report requires a response from a senior designated National Defence or Canadian Forces official regarding the action taken or planned for each of the recommendations. Such recommendations, and the responses to them, strengthen the professionalism of Canada's military policing and help to guarantee the integrity and independence of the military police.

Following the release of the investigation reports, the Commission expects the following results:

  • the timely implementation of corrective action by DND to improve the quality of military policing and increased awareness, on behalf of the military police, the Canadian Forces and the public, of military policing issues, as well as an overall improvement in military policing practices; and
  • confirmation of the correctness of military police conduct and the quality of police systems.

The two priorities identified in Section I contribute to improving the Commission's ability to conduct investigations, provide meaningful recommendations for change, and communicate information relating to the quality of military policing.