MPCC-2013-021

On July 13, 2013, the complainant, himself a Military Police (MP) member at the time, made a number of conduct and interference complaints with the Military Police Complaints Commission (the Commission). The complaints related to the actions of a Warrant Officer (WO) and raised several matters related to the general and daily operations at the MP Detachment.

The allegations in this specific complaint relate to an incident on June 26, 2013, involving the WO. The complainant alleged that on this date, the WO yelled at a Commissionaire in the MP dispatch office. The complainant learned the yelling was apparently related to an incident having occurred on public space over the weekend. The complainant alleges that, after the incident with the Commissionaire, the WO apologized to the Head Commissionaire, but not directly to the individual Commissionaire concerned. The complainant alleged that such yelling and bringing up of personal issues at work is unacceptable behaviour on the part of the WO, particularly in light of his rank.

Having reviewed this complaint, the Commission has determined it does not fall within the statutory definition of a conduct complaint reviewable by this Commission.

In this case, while the WO was an MP member at the time of the alleged events and he was at work, his conduct in no way related to the exercise of any of the policing duties or functions listed in the legislation. Any yelling by the WO in his interactions with colleagues or subordinates, if such conduct did in fact take place, would be interpersonal or employment-related conduct and not related to the exercise of any policing duty or function. As such, the impugned conduct itself does not fall within the category of subject matters about which a conduct complaint can be made.

Consequently, the Commission agreed with the determination of the Deputy Commander that no complaint investigation is necessary in this case, as the complaint is not a valid conduct complaint within the meaning of National Defence Act (NDA) Part IV.

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