On October 15, 2013, the complaint stated in an email that he had consulted with a Corporal of the Military Police (MP) Unit Ottawa about a series of incidents surrounding a letter that was written about the complainant by his superior.
On behalf of the Canadian Forces Provost Marshal (CFPM), the Canadian Forces MP Group Deputy Commander (Deputy Commander) issued a letter of disposition of the complaint on December 14, 2012. In the letter, the Deputy Commander had noted that the Corporal met with the complainant and examined his documentation but decided the matter was not criminal and referred the complainant instead to the Canadian Forces harassment procedures. Therefore, the Deputy Commander directed no investigation of the complaint be initiated. In this case he determined the matter could be dealt with by the chain of command as a harassment complaint.
The complainant requested a review of this decision on January 26, 2013.
The relevant MP files and all the documentation provided by the complainant revealed that, in July 2012, the complainant met with the Corporal of the Ottawa MP Unit (the subject) and discussed problems he was having at work. According to the recollection of the subject MP, the complainant asked for advice about being harassed by his superior. The subject MP spent time with the complainant listening to him and reviewing the documentation. The Corporal determined
“no criminal matter was involved” and advised the complainant to call the Department of National Defence/CF Harassment Helpline and to contact his Unit Harassment Advisor. One week later the complainant informed the Corporal by email about the actions he was taking within his unit. The subject member acknowledged the email and advised him to let him know if the situation were to escalate. The complainant does not dispute this information in his complaint or in related correspondence.
After having reviewed all the available material, the Commission concluded it was reasonable for the Corporal to refer the complainant to harassment procedures rather than commence an offence investigation once it was determined that no criminal matters were involved. The Commission notes there are specific procedures the DND/CF has established which include a framework in which to investigate harassment complaints.
Accordingly, the Commission supported the decision of the Deputy Commander that no PS investigation be conducted.
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