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Section II: Analysis of Program Activities by Strategic Outcome(s)

Strategic Outcome

Conduct complaints against the Military Police (MP) and interference complaints by the MP are resolved in a fair and timely manner and recommendations made are implemented by the Department of National Defence (DND) and/or the Canadian Forces (CF).

Program Activity: Complaints Resolution

Program Activity Description

The Complaints Resolution Program aims to successfully resolve complaints about the conduct of MP members as well as complaints of interference with MP investigations by overseeing and reviewing all complaints received. This Program is necessary to help the MP to be as effective and as professional as possible in their policing duties and functions. The following information highlights the steps in the Conduct Complaints Process and the Interference Complaints Process as well as considerations involved in determining if Public Interest Investigations and Hearings are warranted.

Conduct Complaints Process

Conduct Complaint Filed

Anyone may make a conduct complaint regarding the MP in the performance of their duties or functions, including individuals not directly affected by the subject matter of the complaint. Such complaints are initially dealt with by the Canadian Forces Provost Marshal (CFPM). Informal resolution is encouraged.

Complaint Investigated by the Canadian Forces Provost Marshal

As the CFPM investigates a complaint, the Military Police Complaints Commission (the Commission) monitors the process. At the conclusion of the investigation, the CFPM provides a copy of their final disposition of the complaint 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 to be in the public interest to do so.

Request for Review

Complainants can request the Commission review the complaint if they are not satisfied with the results of the CFPM’s investigation or disposition of the complaint.

Commission Reviews Complaint

At a minimum, this process involves a review of documentation related to the CFPM’s investigation. Most often, it also includes 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

At the completion of the review, the Chairperson sends the Interim Report to the Minister of National Defence (MND), the Chief of Defence Staff (CDS) and the CFPM setting out the findings and recommendations regarding the complaints.

Notice of Action

The Notice of Action is the official response by the CF 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 MND, the Deputy Minister (DM), the CDS, the Judge Advocate General (JAG), the CFPM, the complainant, and the subject(s) of the complaint, as well as anyone who has satisfied the Commission that they have a substantive and direct interest in the case.

Interference Complaints Process

Interference Complaint Filed

Any members of the MP who conduct or supervise investigations and believes a member of the CF or a senior official of DND has interfered with, or attempted to influence, a MP investigation, may file a complaint with the Commission.

Commission Investigates

The Commission has sole jurisdiction to investigate interference complaints. A preliminary review is conducted to determine whether an investigation should be commenced, the scope of the investigation and how to approach the investigation. Once this is completed, the Commission commences an investigation.

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 MND, the CDS if the alleged interference was carried out by a member of the military or to the DM if the subject of the complaint is a senior official of the DND, the JAG, and the CFPM.

Notice of Action

This official response to the Interim Report indicates the actions, if any, which 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 MND, the DM, the CDS, the JAG, the CFPM, the complainant and the subject(s) of the complaint, as well as anyone who has satisfied the Commission that they have a substantive and direct interest in the case.

Public Interest Investigations and Hearings

At any time when it is in the public interest, the Chairperson may initiate an investigation into a complaint about police conduct or interference in a police investigation. If warranted, the Chairperson may decide to hold a public hearing. In exercising this statutory discretion, the Chairperson considers a number of factors including, among others:

• Does the complaint involve allegations of especially serious misconduct?
• Do the issues have the potential to affect confidence in MP or the complaints process?
• Does the complaint involve or raise questions about the integrity of senior military or DND officials, including senior MP?
• Are the issues involved likely to have a significant impact on MP practices and procedures?
• Are the issues of broader public concern or importance?

Financial Resources ($ millions)

2012-13	2013-14	2014-15
3.2	2.3	2.1

Human Resources (FTEs)

2012-13	2013-14	2014-15
10	10	10

Program Activity Expected Results	Performance Indicators	Targets
Recommendations resulting from investigations of conduct or interference complaints are accepted by the DND and/or the CF.	% of recommendations accepted.	70%
Investigations of conduct or interference complaints are resolved within targeted timeframes as established by the Commission Chairperson.	% resolved within adjusted timeframes established by the Commission Chairperson.	70%
70% of individual members receive remedial measures and/or improvements were made to MP policies and practices pursuant to investigations of conduct or interference complaints.	% of recommendations implemented.	70%
Presentation given on the mandate, role and responsibilities of Commission.	Number of presentations given.	10

Planning Highlights

In order to achieve the intended results of the Complaints Resolution Program, the following planning highlights apply:

• 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, as needed, to reflect the complexities, demands and implications of extremely large mega-cases.
  
  
• Operate Effectively: The Commission will continue to ensure its performance targets 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, as needed, will enable 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, the DComd CF MP Gp 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 identify and achieve practical solutions to common operational and administrative issues.

Strategic Outcome

Conduct complaints against the MP and interference complaints by the MP are resolved in a fair and timely manner and recommendations made are implemented by the DND and/or the CF.

Program Activity: Internal Services

Program Activity Description

Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of the Commission. These groups are: Management and Oversight Services; Communications Services; Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Materiel Services; Acquisition Services; and Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across the Commission and not to those provided specifically to a program.

Financial Resources ($ millions)

2012-13	2013-14	2014-15
1.4	1.4	1.4

Human Resources (FTEs)

2012-13	2013-14	2014-15
12	12	12

Program Activity Expected Results	Performance Indicators	Targets
Conduct Management Reviews	Management Reviews	2 per year
Conduct a series of reviews of the Commission’s Accountability Framework to ensure continued alignment with any new legislative, regulatory and central agency policy requirements.	2 reviews undertaken	2 per year

Planning Highlights

In order to fully support the Commission’s Complaints Resolution Program and improve governance, the following planning highlights apply:

• Planning and Reporting: In order to meet the increased planning and reporting policy requirements, (representing over 100 reports including strategic planning and reporting and surveys), and central agency standards in finance, human resources, staffing, security, access to information and privacy, records management and informatics, the Commission will continue to access a range of service providers.
  
  
• Greening of Commission Operations: Consistent with the Federal Government’s Greening Procurement Strategy initiative, the Commission will continue to seek and identify opportunities to further green its activities such as further modernization of its information technology infrastructure and automation of previously paper-based functions.
  
  
• Human Resources: The Commission will continue to stress effective human resource planning including anticipating potential staff turnover, developing staffing strategies to help ensure knowledge is retained and that any vacancies are filled as quickly as possible while meeting central agency staffing policy requirements. It will also develop the appropriate strategy to address the results of the 2011 Public Service Employee Survey wherever possible.
  
  
• Risk Management: The Commission will continue to maintain its Risk Management Framework and will conduct internal reviews based on the high risk elements identified in the framework.
  
  
• Implementation Strategy for Audits’ Results: The Commission participated in two central agency horizontal audits in 2011, along with a number of other departments and agencies. One audit focussed on Information Management and the other focussed on Core Controls. The final reports for these audits will be published in 2012 following which the Commission will develop the appropriate strategy to implement and use the audits’ results to reduce gaps and improve efficiencies in its operations, wherever possible.

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