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Section II: Analysis of Program Activities 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 Activity 1: Complaints Resolution - Human Resources (FTEs) and Planned Spending ($ millions)

2011–12		2012–13		2013–14
FTEs	Planned Spending	FTEs	Planned Spending	FTEs	Planned Spending
10	2.4	10	2.1	10	2.1

 

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 Chairperson	% 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 process includes research, monitoring, planning, conducting investigations and reporting of results.

Complaints about Military Police Conduct

Conduct Complaint Filed Anyone may make a conduct complaint regarding the Military Police including those individuals not directly affected by the subject matter of the complaint. Such complaints are initially dealt with by the CFPM. Informal resolution is encouraged.

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Complaint Investigated by the CFPM As the CFPM investigates a complaint, 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 the public interest to do so.

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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.

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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.

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Commission Releases Interim Report At the completion of the review, the Chairperson sends the Interim Report to the Minister of National Defence, the Chief of Defence Staff 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 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.

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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.

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

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Commission Investigates The Commission has sole jurisdiction over the investigation of 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.

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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 Minister of Defence; 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.

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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.

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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. 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.

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 conduct?
• Do the issues have the potential to affect confidence in Military Police or the complaints process?
• Does the complaint involve or raise questions about the integrity of senior military or DND officials, including senior Military Police?
• Are the issues involved likely to have a significant impact on Military Police practices and procedures?
• Has the case attracted substantial public concern?

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, 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, DPM PS 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.

2.1.2 Program Activity – Internal Services

Program Activity 2: Internal Services - Human Resources (FTEs) and Planned Spending ($ millions)

2011–12		2012–13		2013–14
FTEs	Planned Spending	FTEs	Planned Spending	FTEs	Planned Spending
12	2.0	12	2.0	12	2.0

 

Program Activity Expected Results	Performance Indicators	Targets
IT Modernization	% of IT Modernization implemented	100%
Planned management reviews are completed	# of management reviews completed	2 per year
Review and update of the policy suite completed	% of policy suite reviewed and updated	100%
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:

• Outsourcing: 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 all Commission assets including information technology will continue to be managed and maintained to ensure that these assets are acquired and retired on a planned basis to streamline its investment requirements from year to year. The MPCC has developed and implement an Investment Plan along with implementing strategies for the Federal Sustainable Development Strategy and the policy of green procurement.
• Human Resources: The MPCC has updated its HR plan to reflect current HR requirements following the policy suite renewal, MAF assessment and other central agency reports. The Commission will consult with HR specialists and central agencies to implement the HR Framework – Plans & Strategies.
• Risk Management and Management Reviews: The Commission will continue to maintain its risk management framework and will conduct internal management reviews based on the high risk elements identified in the risk management framework and other frameworks.

Benefits for Canadians

The Commission’s strategic outcome is: 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. The Commission serves the public interest by helping to maintain Canadians’ confidence in the professionalism and integrity of Canadian Military Policing. Public trust and confidence are essential to the effectiveness of policing in any context, including, and perhaps even more so, in the military context.

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