Question Period Note: Military Police Complaints Commission Annual Report

Why has National Defence failed to ensure the Military Police Complaints Commission can successfully oversee the military police?

• We recognize the crucial role of the Military Police Complaints Commission in providing external review of the military police for the purpose of conduct and interference complaints.
• That is why we provided the Commission with $500,000 in new funding for 2024-25 to hire more personnel and contribute to the Commission’s operational effectiveness.
• This funding also helps the Commission respond to complaints received in an efficient and timely manner.
• In addition, through Bill C-66, we will seek to expand the class of persons who may make an interference complaint.
• We are committed to implementing transformative change to support our people in uniform and provide them with the procedural fairness that they deserve.
  If pressed on an independent review of the military justice system:
• I have received the letter in question.
• As this letter was sent in the context of an active litigation, it would be inappropriate to provide further comment at this time.
• However, I will note that there have been several independent reviews related to the military justice system, and we are working to implement the recommendations.
• This includes efforts to modernize the military justice system through Bill C-66.
• This legislation seeks to modify the process for the appointment of three key military justice authorities: the Canadian Forces Provost Marshal, the Director of Military Prosecutions, and the Director of Defence Counsel Services.
• By making these positions Governor-in-Council appointments, the appointees will be insulated further from real or perceived influence from the chain of command.

If pressed on recommendations related to the Provost Marshal:

• National Defence fully recognizes the important external review role of the Military Police Complaints Commission.
• That is why the Canadian Forces Provost Marshal accepted or partially accepted most of the Commission’s recommendations in 2023.
• These recommendations relate to ensuring compliance with established procedures and best policing practices.
• We will continue our important engagements with the Military Police Complaints Commission to ensure an efficient and effective complaints resolution system.

• The annual report outlines several key findings, including that:
  • The MPCC continues to see an increase in the number of complaints it received.
  • The MPCC issued 13 final reports outlining the results of its investigations into allegations of military police misconduct or allegations of interference in a military police investigation.
  • The MPCC made 23 recommendations to the Canadian Forces Provost Marshal (CFPM) aimed at ensuring the highest standards of conduct in military policing.
  • The MPCC perceives that the most significant challenge this year was the “erosion of the MPCC’s ability to exercise civilian oversight of the military police”.
• In the report, the MPCC recommends that the Minister of National Defence directs the drafting of legislation to implement the recommendations of Justice Fish’s report as they relate to the military police complaints process, as well as the other proposed legislative changes recommended to him by the MPCC.
  • National Defence continues to advance work on recommendations from the Third Independent Review in coordination with the many recommendations from not only that report but also others such as the Independent External Comprehensive Review conduct by former Supreme Court Justice Arbour.

Military Police Complaints Commission Annual Report:

• The Military Police Complaints Commission published its 2023 annual report on 29 April, 2024. The report provides information about the MPCC’s achievements in providing civilian review of the military police and details the “challenges faced this year in holding the military police accountable.”
• In 2023, the Military Police Complaints Commission (MPCC) opened 84 new conduct complaints and three interference complaints.
• The MPCC issued 48 decisions and made 23 recommendations to the Canadian Forces Provost Marshal (CFPM). Of these recommendations, the CFPM accepted nine, partially accepted five and did not accept nine.
• In many cases where the MPCC’s recommendations are not accepted, the CFPM has already addressed the issues identified or found another means to address the matter at hand.

CBC Article on June 17, 2024:

• On June 17, 2024, CBC published an article that referenced a letter sent to the Minister of National Defence by lawyer Philip Millar, calling for a review of the Military Police.
• The article reported that Millar represents Lt.-Gen. Steven Whelan, who launched a lawsuit in Federal Court in May against the federal government, the Chief of the Defence Staff, and other officials.