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Section II - Analysis of Program Activity by Strategic Outcome
2.1 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.
The following section explains:
- the complaints resolution program activity and the expected results of this activity;
- how the Commission plans on meeting the expected results and the financial and non-financial resources that will be dedicated to the program activity;
- internal services activities; and
- benefits for Canadians from the Commission's program activities.
2.1.1 Program Activity – Complaints Resolution Program
| Program Activity 1: Complaints Resolution | |||||
|---|---|---|---|---|---|
| Human Resources (FTEs) and Planned Spending ($ millions) | |||||
| 2010–11 | 2011–12 | 2012–13 | |||
| FTEs | Planned Spending | FTEs | Planned Spending | FTEs | Planned Spending |
| 10 | 2.7 | 8 | 1.5 | 8 | 1.5 |
| Program Activity Expected Results | Performance Indicators | Targets |
|---|---|---|
| Recommendations resulting from investigations of conduct or interference complaints are accepted by the Department of National Defence and/or the Canadian Forces | % of recommendations implemented | 70% |
| Investigations of conduct or interference complaints are resolved within targeted time frames as established by the Commission Chair | % of investigations resolved within time frames | 70% |
| Individual members receive remedial measures and/or improvements are made to military police policies and practices pursuant to investigations of conduct or interference complaints | % of individual members receiving remedial measures and/or improvements being made to policies and practices | 70% |
| Presentations given on the mandate, role and responsibilities of the Commission | number of presentations given | 10 |
The complaints resolution includes research, monitoring, planning, the conduct of investigations and the reporting of results.
Complaints about Military Police Conduct
Conduct Complaint Filed
Anyone, including civilians, may make a complaint about military police conduct including those individuals not directly affected by the subject matter of the complaint. Such complaints are handled in the first instance by the CFPM Informal resolution is encouraged
Anyone, including civilians, may make a complaint about military police conduct including those individuals not directly affected by the subject matter of the complaint. Such complaints are handled in the first instance by the CFPM Informal resolution is encouraged
Provost Marshal Investigates Complaint
As the CFPM investigates a complaint, the Commission monitors the process. At the conclusion of its investigation, the CFPM provides a copy of his report to the Commission. The Commission may at any time during the CFPM investigation, assume responsibility for the investigation or call a public hearing if it is deemed in the public interest to do so.
As the CFPM investigates a complaint, the Commission monitors the process. At the conclusion of its investigation, the CFPM provides a copy of his report to the Commission. The Commission may at any time during the CFPM investigation, assume responsibility for the investigation or call a public hearing if it is deemed in the public interest to do so.
Request For Review
Complainants can request that the Commission review the complaint if they are not satisfied with the results of the Canadian Forces Provost Marshal's investigation or disposition of the complaint.
Complainants can request that the Commission review the complaint if they are not satisfied with the results of the Canadian Forces Provost Marshal's investigation or disposition of the complaint.
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 reviews of relevant legislation, and police policies and procedures.
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 reviews of relevant legislation, and police policies and procedures.
Commission Releases Interim Report
The Interim Report is sent to the Minister of National Defence, the Chief of Defence Staff and the CFPM.
The Interim Report is sent to the Minister of National Defence, the Chief of Defence Staff and the CFPM.
Notice of Action
The Notice of Action is the official response by the Canadian Forces to the Interim Report and it outlines what action, if any, has been or will be taken in response to the Commission's recommendations.
The Notice of Action is the official response by the Canadian Forces to the Interim Report and it outlines what action, if any, has been or will be taken in response to the Commission's recommendations.
Commission Releases Final Report
After considering the Notice of Action, the Commission issues a Final Report of findings and recommendations. The Final Report is provided to the Minister, the Deputy Minister, the Chief of Defence Staff, the Judge Advocate General, the CFPM, the complainant and the subject(s) of the complaint as well as anyone who has satisfied the Commission that they have a direct and substantive interest in the case.
After considering the Notice of Action, the Commission issues a Final Report of findings and recommendations. The Final Report is provided to the Minister, the Deputy Minister, the Chief of Defence Staff, the Judge Advocate General, the CFPM, the complainant and the subject(s) of the complaint as well as anyone who has satisfied the Commission that they have a direct and substantive interest in the case.
Complaints about Interference in Military Police Investigations
Interference Complaint Filed
Members of the military police who conduct or supervise investigations may complain about interference in their investigations
Members of the military police who conduct or supervise investigations may complain about interference in their investigations
Commission Investigates
The Commission has sole jurisdiction over the investigation of interference complaints. Following a preliminary review of the complaint, an investigation is generally commenced.
The Commission has sole jurisdiction over the investigation of interference complaints. Following a preliminary review of the complaint, an investigation is generally commenced.
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 Minister of Defence and the Chief of Defence Staff if the alleged interference was carried out by a member of the military or to the Deputy Minister if the subject of the complaint is a senior official of the Department; the Judge Advocate General and the CFPM.
The Interim Report includes a summary of the Commission's Investigation, as well as its findings and recommendations. This report goes to the Minister of Defence and the Chief of Defence Staff if the alleged interference was carried out by a member of the military or to the Deputy Minister if the subject of the complaint is a senior official of the Department; the Judge Advocate General and the CFPM.
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.
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.
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. The Final Report is provided to the Minister; the Deputy Minister; the Chief of Defence Staff; the Judge Advocate General; the CFPM; the complainant and the subject(s) of the complaint, as well as anyone who has satisfied the Commission that they have a direct and substantive interest in the case.
Taking into account the response in the Notice of Action, the Commission prepares a Final Report of its findings and recommendations in the case. The Final Report is provided to the Minister; the Deputy Minister; the Chief of Defence Staff; the Judge Advocate General; the CFPM; the complainant and the subject(s) of the complaint, as well as anyone who has satisfied the Commission that they have a direct and substantive interest in the case.
Planning Highlights
In order to achieve the intended results, the Commission plans to undertake the following:
- Plan, Conduct and Report the Results of its Investigations: The Commission will continue to complete its investigations in accordance with the critical path developed specifically for each investigation. Ongoing refinements to the critical path will be made to factor in the complexities, demands and implications of extremely large mega-cases.
- Operate Effectively: The Commission will finalize its performance measurement framework and continue to refine its performance targets to ensure they accurately reflect the changing scope, size and complexity of the investigations undertaken. Setting the appropriate targets remains a challenge due to the significant differences among investigations.
- Cost Control: The Commission will continue to look at the complaints resolution process to identify opportunities for cost savings. Outsourcing of investigative services and expanding its roster of investigators, if necessary, will allow the Commission to better match investigator skill sets with investigative requirements. Potential options to enhance investigative capacity will also be examined in order to further reinforce organizational sustainability.
- Increase Transparency of Commission Operations: The Commission will continue its outreach program and expand the number of stakeholders who are informed about the purpose, objectivity and fairness of the conduct and interference complaints resolution processes.
- Cooperation: The Commission requires cooperation and collaboration with others to be successful. This includes ensuring a productive working relationship with the CFPM and other CF/DND representatives that facilitates the conduct of investigations and increases the likelihood that recommendations will be accepted and implemented. It also includes cultivating mutually beneficial working relationships with other government departments and agencies, professional associations and intra-government affiliations to achieve practical solutions to common operational and administrative issues.
2.1.2 Program Activity – Internal Services
| Program Activity 1: Internal Services | |||||
|---|---|---|---|---|---|
| Human Resources (FTEs) and Planned Spending ($ millions) | |||||
| 2010–11 | 2011–12 | 2012–13 | |||
| FTEs | Planned Spending | FTEs | Planned Spending | FTEs | Planned Spending |
| 11 | 2.0 | 11 | 2.0 | 11 | 2.0 |
| Program Activity Expected Results | Performance Indicators | Targets |
|---|---|---|
| Implementation of the Action Plan resulting from the 2009 Information Technology Management Review | Implementation completed | 100% |
| Planned management reviews are completed | # of management reviews completed | 2 per year |
| Review and update of the policy suite completed | % of policy suite review and updated | 50% |
| Human resource strategy and learning plans | Number of employees with learning plans | 100% |
In order to fully support the complaints resolution program, the Commission plans to undertake the following:
- Planning and Reporting: The Commission will continue to access private and government resources for the cost-effective delivery of human resource, access to information and privacy, records management and informatics and web services.
- Evergreening Program – The Commission's Evergreening Program for information technology (IT) assets will continue to be managed and maintained to ensure these assets are acquired and retired on a planned basis to streamline its investment requirements from year to year. In addition, the Evergreening Program will be expanded to include all other Commission physical assets.
- Business Continuity Plan: The Commission will further refine its Business Continuity Plan in the next fiscal year to include a pandemic response component.
- Human Resources: The Commission will update its Human Resource Plan to ensure alignment with Public Service Renewal priorities and automate its human resource services consistent with government-wide directions in this area.
- Risk Management and Management Reviews – The Commission will continue to maintain its risk management framework and will conduct management or business reviews based on the high risk elements identified in the framework.
Benefits for Canadians
The Commission's strategic outcome is as follows: 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.
Program activities by the Commission in support of this strategic outcome provide important benefits to Canadians as well as being consistent with, and complementary to, the Government of Canada's outcome of a safe and secure Canada. The police play a critical role in any democratic society. For Canadians, the important social value of the Commission is not only its transparent and accountable oversight of, and investigations into, military police conduct or interference complaints. It is also related to serving the public interest and to maintaining Canadians' confidence that if there is misconduct, it will be addressed in accordance with the rule of law. Public trust is essential to the effectiveness of policing.
