Schedule J

2120-0 (Policy Coord)

20 July 2015

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CF MP GP HQ – DPM Policy – Police Policy Advisory 11/2015

Investigation of Criminal Sexual Offences

References:

1. Military Police Policies and Technical Procedures, Chapter 7, Annex I
2. Police Policy Advisory 31/2006
3. Canadian Forces Military Police Group (CF MP Gp) Order 2-126
4. CF MP Gp Order 2-340
5. CF MP Gp Order 2-381

1. As a result of some of the findings in the External Review Authority (ERA) report into allegations of sexual misconduct within the Canadian Armed Forces (CAF), the Canadian Forces Military Police Group (CF MP Gp) has amended its policy with regard to the investigation of criminal sexual offences.
2. In accordance with (IAW) reference (Ref) B, the CF MP Gp will continue to receive and investigate all complaints of sexual offences, regardless if made by victims, witnesses, or third parties. Investigations will continue to be conducted regardless of the level of cooperation received from the victims.
3. Effective immediately, the following policy with regard to investigative responsibility of criminal sexual offences shall be adhered to by all members of the CF MP Gp:
   1. all allegations of criminal sexual offences made to the Military Police (MP), regardless of whether or not the alleged offence is believed to have occurred within MP jurisdiction, shall be relayed to the relevant regional Canadian Forces National Investigation Service (CFNIS) duty officer without delay;
   2. upon receipt of the information, the CFNIS will determine whether a particular allegation should be referred to a civilian investigative body or investigated by the CFNIS, with due consideration given to the information available at the time;
   3. all criminal sexual offences occurring on defence establishment property shall be investigated by members of the CFNIS;
   4. in cases where the alleged sexual offence took place outside MP jurisdiction, the CFNIS will refer the matter to the appropriate civilian investigative body;
   5. the CFNIS may not waive investigative responsibility for criminal sexual offences to local MP units;
   6. local MP units shall continue to be responsible for the reception of initial complaints of criminal sexual offences; and
   7. while not responsible for investigations, local MP units shall continue to provide first responder services until the CFNIS arrives on the scene.  These services include protection of victims, preservation of evidence, provision of initial victim services and all other tasks as directed by the CFNIS. As soon as they arrive on the scene, CFNIS staff shall be fully accountable for the investigation and local MP units will only provide indirect support, when applicable.                                                                               
4. For the purposes of this policy, the term “criminal sexual offences” includes (but is not limited to) the criminal offences of sexual assault (levels 1 to 3), sexual interference, invitation to sexual touching, and sexual exploitation. “Criminal sexual offences” does not include:
   1. harassment, including sexual harassment, as defined in Defence Administrative Orders and Directives 5012-0;
   2. fraternization, pursuant to section 129 of the National Defence Act (Conduct to the Prejudice of Good Order and Discipline);
   3. voyeuristic recording; or
   4. the possession, distribution, or production of child pornography.
   • Note:  Notwithstanding the exclusion of the offence types described above, these offence types may still fall within the CFNIS investigative mandate. See Ref E for further clarification and details.
5. MP shall continue to report by way of a shadow file any criminal sexual offence investigation conducted by a civilian police department where the subject is a member of the CAF. Shadow files are to be completed IAW Ref C by local MP units; however, in any case where civilian police request MP assistance in completing their investigation, the matter shall be referred to the CFNIS.
6. Investigations into criminal sexual offences shall be referred to the appropriate prosecution authority for the handling of criminal prosecution. Where the alleged offender is subject to the Code of Service Discipline, initial consultation shall be conducted with the appropriate regional military prosecutor (RMP).  Subsequent action specific to the case may remain the responsibility of the RMP or may be transferred to the Crown prosecutor as circumstances dictate. Where the subject of the offence is civilian, the case shall be referred to the appropriate Crown prosecutor.
7. Refs D and E are being amended and will be published shortly.
8. This advisory is issued under the authority of the Commander of Canadian Forces Military Police Group and Canadian Forces Provost Marshal. Questions may be directed through the MP chain of command to the Senior Policy Coordinator, Captain Todd Barnes, at 613-993-9404.

Original signed by:

Major J.D.E. Bossé
Major
Acting Deputy Provost Marshall Policy

Distribution List

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