MPCC-2007-001

Further to a matter involving the administrative handling of a file, the MP complainant alleges that an MP petty officer 1st class from his MP unit knowingly made false accusations and falsified information in a memorandum recommending disciplinary proceedings against the complainant. He also alleges that a chief warrant officer and a major from his unit (also MPs) conducted a subject interview of him without informing him that he was being investigated or of potential charges being pursued and, as such, he was not informed of his rights to counsel.

The complainant requested a review of the DPM PS’s decision that the incident is an administrative matter which his chain of command was to address.

In the view of the Military Police Complaints Commission (the Commission), the actions about which the complainant complained relate to the handling of an internal disciplinary matter within the military police unit and does not engage any of the duties or functions enumerated in the regulations. Specifically, in relation to the allegations, the Commission did not view the holding of a meeting by the complainant’s superiors to address concerns regarding the complainant’s actions in the administrative handling of a file to constitute a military police “investigation” within the meaning of paragraph 2(1)(a) of the regulations. Paragraph 2(1)(a) of the regulations refers to investigative activity related to military police operations, as opposed to administration.

Therefore, upon review of the complaint and the materials provided, the Commission is satisfied that the complaint relates to matters of administration, specifically the exercise of supervisory authority by or on behalf of members of the complainant’s chain of command. As such, and notwithstanding that the individuals in question may be military police members, the Commission was unable to further address the complaint.

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