MPCC-2006-028

On May 29, 2006, the complainant forwarded to the Military Police Complaints Commission (the Commission) a conduct complaint relating to his arrest by an MP corporal from the military base where the complainant resided. The complainant does not dispute the legality of the arrest but he alleged that the corporal’s manner of executing the arrest was vindictive and unprofessional. The complainant alleges that the corporal sought him out in a public establishment that the complainant frequented, instead of at his residence. In accordance with section 250.26 of the National Defence Act (NDA), the complaint was forwarded to the Canadian Forces Provost Marshal (CFPM) for his consideration and action in the first instance.

After a review of the complaint by the Professional Standards section of the CFPM, the Deputy Provost Marshal Professional Standard (DPM PS), advised the complainant that it determined his allegation was not well-founded because the arresting corporal was obliged to arrest the complainant pursuant to a Provincial Court warrant, and further, that sufficient and reasonable steps were taken by the corporal to protect the complainant’s dignity when he asked the complainant to step outside with him before effecting the arrest. The complainant requested a review of the complaint.

After carefully reviewing all information in the Military Police file and all information received from the complainant, the Commission was of the opinion the arrest was carried out lawfully and in a reasonable manner for the reasons noted by the DPM PS. The Commission also noted that the outstanding warrant did not specifically authorize entry into the complainant’s residence, as required by law in such situations. Therefore the disposition of the complaint by the DPM PS was reasonable and no further investigation or action by the Commission was warranted.

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