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PART IV |
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COMPLAINTS ABOUT OR BY MILITARY POLICE |
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Interpretation |
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Definitions
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250. The definitions in this section apply in
this Part.
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``Chair- person'' « Président »
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``Chairperson'' means the Chairperson of the
Complaints Commission.
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``Complaints
Commission'' « Commission »
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``Complaints Commission'' means the
Military Police Complaints Commission
established by subsection 250.1(1).
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``conduct
complaint'' « plainte pour inconduite »
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``conduct complaint'' means a complaint
about the conduct of a member of the
military police made under subsection
250.18(1).
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``interfe- rence complaint'' « plainte pour ingérence »
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``interference complaint'' means a complaint
about interference with a military police
investigation made under subsection
250.19(1).
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``military
police'' « police militaire »
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``military police'' means the officers and
non-commissioned members appointed
under regulations for the purposes of
section 156.
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``Provost
Marshal'' « prévôt »
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``Provost Marshal'' means the Canadian
Forces Provost Marshal.
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DIVISION 1 |
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MILITARY POLICE COMPLAINTS COMMISSION |
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Establishment and Organization
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Commission
established
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250.1 (1) There is established a
commission, called the Military Police
Complaints Commission, consisting of a
Chairperson and not more than six other
members to be appointed by the Governor in
Council.
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Full- or
part-time
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(2) Each member holds office as a full-time
or a part-time member.
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Tenure of
office and
removal
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(3) Each member holds office during good
behaviour for a term not exceeding five years
but may be removed by the Governor in
Council for cause.
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Re- appointment
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(4) A member is eligible to be re-appointed
on the expiration of a first or subsequent term
of office.
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Duties of
full-time
members
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(5) Full-time members shall devote the
whole of their time to the performance of their
duties under this Act.
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Conflict of
interest -
part-time
members
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(6) Part-time members may not accept or
hold any office or employment during their
term of office that is inconsistent with their
duties under this Act.
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Eligibility
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(7) An officer, a non-commissioned
member or an employee of the Department is
not eligible to be a member of the Complaints
Commission.
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Remunera- tion
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(8) The members are entitled to be paid for
their services the remuneration and
allowances fixed by the Governor in Council.
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Travel and
living
expenses
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(9) The members are entitled to be paid
reasonable travel and living expenses incurred
by them in the course of their duties while
absent from their ordinary place of work, if
full-time members, or their ordinary place of
residence, if part-time members, subject to
any applicable Treasury Board directives.
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Status of
members
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(10) The members are deemed
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Oath of office
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(11) Every member shall, before
commencing the duties of office, take the
following oath of office:
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I, ...................., do solemnly swear (or
affirm) that I will faithfully and honestly fulfil
my duties as a member of the Military Police
Complaints Commission in conformity with
the requirements of the National Defence Act,
and of all rules and instructions under that Act
applicable to the Military Police Complaints
Commission, and that I will not disclose or
make known to any person not legally entitled
to it any knowledge or information obtained
by me by reason of my office. (And in the case
of an oath: So help me God.)
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Chairperson
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Chief
executive
officer
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250.11 (1) The Chairperson is the chief
executive officer of the Complaints
Commission and has supervision over and
direction of its work and staff.
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Absence or
incapacity
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(2) In the event of the absence or incapacity
of the Chairperson or if the office of
Chairperson is vacant, the Minister may
authorize any member of the Complaints
Commission to exercise the powers and
perform the duties and functions of the
Chairperson.
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Delegation
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(3) The Chairperson may delegate to a
member of the Complaints Commission any
of the Chairperson's powers, duties or
functions under this Act, except the power to
delegate under this subsection and the duty to
submit an annual report under subsection
250.17(1).
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Head Office
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Head Office
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250.12 The head office of the Complaints
Commission shall be at the place in Canada
designated by the Governor in Council.
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Staff
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Staff
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250.13 (1) The employees that are
necessary for the proper conduct of the work
of the Complaints Commission shall be
appointed in accordance with the Public
Service Employment Act.
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Experts
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(2) The Complaints Commission may, with
the approval of the Treasury Board, engage on
a temporary basis the services of counsel and
other persons having technical or specialized
knowledge to assist the Complaints
Commission in its work, establish the terms
and conditions of their engagement and fix
and pay their remuneration and expenses.
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Duty to Act Expeditiously
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Duty to act
expeditiously
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250.14 The Complaints Commission shall
deal with all matters before it as informally
and expeditiously as the circumstances and
the considerations of fairness permit.
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Rules
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Rules
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250.15 The Chairperson may make rules
respecting
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Immunity
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Protection of
members
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250.16 No criminal or civil proceedings lie
against any member of the Complaints
Commission, or against any person acting on
behalf of the Complaints Commission, for
anything done, reported or said in good faith
in the exercise or purported exercise of a
power or in the performance or purported
performance of a duty or function of the
Complaints Commission.
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Annual Report
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Annual
Report
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250.17 (1) The Chairperson shall, within
three months after the end of each year, submit
to the Minister a report of the Complaints
Commission's activities during that year and
its recommendations, if any.
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Tabling in
Parliament
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(2) The Minister shall have a copy of the
report laid before each House of Parliament on
any of the first fifteen days on which that
House is sitting after the Minister receives it.
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DIVISION 2 |
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COMPLAINTS |
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Subdivision 1
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Right to Complain
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Conduct Complaints |
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Complaints
about military
police
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250.18 (1) Any person, including any
officer or non-commissioned member, may
make a complaint under this Division about
the conduct of a member of the military police
in the performance of any of the policing
duties or functions that are prescribed for the
purposes of this section in regulations made by
the Governor in Council.
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Complainant
need not be
affected
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(2) A conduct complaint may be made
whether or not the complainant is affected by
the subject-matter of the complaint.
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Interference Complaints |
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Complaints by
military police
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250.19 (1) Any member of the military
police who conducts or supervises a military
police investigation, or who has done so, and
who believes on reasonable grounds that any
officer or non-commissioned member or any
senior official of the Department has
improperly interfered with the investigation
may make a complaint about that person under
this Division.
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Improper
interference
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(2) For the purposes of this section,
improper interference with an investigation
includes intimidation and abuse of authority.
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Time Limit |
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Time Limit
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250.2 No complaint may be made more
than one year after the event giving rise to the
complaint unless the Chairperson, at the
request of the complainant, decides that it is
reasonable in the circumstances to extend the
time.
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To Whom Complaint May be Made |
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To whom
complaint
may be made
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250.21 (1) A conduct complaint or an
interference complaint may be made, either
orally or in writing, to the Chairperson, the
Judge Advocate General or the Provost
Marshal. A conduct complaint may also be
made to any member of the military police.
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Acknowled- gement and notice of complaint
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(2) The person who receives a complaint
shall
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Notice to
subject of
conduct
complaint
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250.22 As soon as practicable after
receiving or being notified of a conduct
complaint, the Provost Marshal shall send a
written notice of the substance of the
complaint to the person whose conduct is the
subject of the complaint unless, in the Provost
Marshal's opinion, to do so might adversely
affect or hinder any investigation under this
Act.
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Notice to
subject of
interference
complaint
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250.23 As soon as practicable after
receiving or being notified of an interference
complaint, the Chairperson shall send a
written notice of the substance of the
complaint to the person who is the subject of
the complaint unless, in the Chairperson's
opinion, to do so might adversely affect or
hinder any investigation under this Act.
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