Conduct Case Summary MPCC-2013-027
In June 2013, three Military Police (MP) members responded to a call for assistance with a domestic dispute. The complainant, the male partner in the relationship, had contacted the MP in order to obtain assistance.
The MP members arrested the complainant and transported him to the Military Police Unit (MPU). While waiting in an interview room the complainant allegedly overheard several MP members make insulting remarks about him. The complainant was released with conditions not to have contact with his partner. A few days later, two different MP members accompanied the complainant to the hospital to assist in a medical matter, and while there, according to the complainant, one of the MP members answered a phone call from the complainant’s partner and used derogatory language with her. The complainant also alleged that, approximately a week after the arrest, he was followed by an MP vehicle. The complainant further alleged that an MP member threatened him with arrest for violating his release conditions if he continued to frequent the area.
In his complaint, the complainant alleged that the three MP members who responded to the initial incident were negligent in their investigation and that his arrest was unreasonable. He further alleged false information/reporting by the MP members in relation to the notes they took of the incident, and questions the fact that he was not asked to countersign those notes on the evening of the incident. He also complained about an allegedly derogatory statement about himself overheard at the MPU. In addition, the complainant complained about the MP member who allegedly made derogatory comments about his partner. He also complains about an incident in the driveway of his temporary residence where two MP members threatened him with arrest. Finally the complainant alleged that he and his partner were stalked and harassed by the MP members on the base.
The Deputy Commander, Canadian Forces MP Group, investigated the complaint and found the allegations were not substantiated.
The complainant requested a review of his complaint by the MPCC pursuant to section 250.31 of the National Defence Act.
The MPCC found all of the allegations to be unsubstantiated and confirmed the recommendations made by the Deputy Commander regarding proper note-taking and recording of notes. Specifically, the MPCC found that, in the circumstances of a domestic violence incident and considering relevant policy, the arrest was reasonable. Further, while the notes of the subject MP members differed slightly, this was due to their different roles and positions, not false information or reporting. Regarding the allegation that two MP members were aggressive and threatened the complainant with arrest, the MPCC found that while the MP members may have appeared intimidating to the complainant, their conduct was not unreasonable. Finally, the MPCC found no evidence to substantiate the claims of general stalking or harassment or of any derogatory comments made about the complainant or his partner.
In response to the MPCC’s report, the Canadian Forces Provost Marshal agreed with all of the MPCC’s findings.
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