Conduct Case Summary MPCC-2014-021

The complainant is a civilian who was stopped on a Canadian Forces Base by a military police (MP) member for suspicious driving. The MP member, a corporal, observed signs of impairment, arrested the complainant for impaired driving and transported him to the MP detachment for further investigation. During the course of the investigation it was determined that all signs of impairment were caused by a medical condition. The medical condition was not noted on the driver’s licence. The complainant was subsequently released without charges.

Following the arrest, the MP member’s superior, a Warrant Officer (WO), reviewed the file and requested the MP member follow-up with the provincial driver licensing agency regarding the driver’s medical condition. The MP member then exchanged emails with the provincial agency about the complainant’s medical condition, and the signs of impairment and driving ability observed on the night of the arrest.

A few months later the complainant received a request from the provincial driver licensing agency to submit to a driver’s examination. His licence was also temporarily suspended. The complainant submitted to the examination and passed, regaining his licence.

The complainant alleges that the military police breached his privacy by submitting his medical information to the provincial agency.

The Deputy Commander, Canadian Forces Military Police Group received the complaint and conducted a file review before directing that no investigation be started into this complaint as there was no evidence to suggest a breach of policy or code of conduct had occurred.

Following a request for review by the complainant, and through its own investigation, the Military Police Complaints Commission (MPCC) found the complaint to be unsubstantiated. The MPCC determined that it was reasonable for the MP members to report the complainant’s medical condition based on their concern for the safety of road users as set out in the relevant MP standard operating procedures. No recommendations were made. In response to the MPCC’s report, the Canadian Forces Provost Marshal agreed with the MPCC’s finding.

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