CF MP GP Order 2-300 – Law Enforcement Operations – General
Application
This order is applicable to all MP and MPO appointed under section 156 of the National Defence Act (NDA).
Definitions
For the purpose of this order, the following definitions shall apply:
best police practices: a “best practice” is a method or technique that has consistently shown results superior to those achieved via other means, and is consequently used as a benchmark. In addition, a "best" practice can evolve to become better as improvements are discovered. “Best police practices” are those endorsed by the Canadian Association of Chiefs of Police and accepted for use by the courts in Canada;
contravention: an offence under federal legislation is enacted by Parliament and designated as a such by regulation of the Governor in Council;
defence establishment: means any area or structure under the control of the Minister of National Defence (MND), and the materiel and other things situated in or on any such area or structure;
MP frontline response unit: unit responsible for uniform patrol, law enforcement, traffic offence enforcement, collision investigation, 911 response on base/in residential housing units (RHU), weapons vault/intrusion alarm response, active shooter response, etc.;
off-duty: the period of time when an MP/MPO is not formally scheduled to perform assigned or routine tasks, or other specific law enforcement duties. This term is generally used in context with those MP/MPO who are assigned to a patrol section at an MP unit; and
sleeping duty: the period of time when an MP/MPO is not formally scheduled to perform active patrol duty or other specific law enforcement duties, but shall remain immediately available to respond to any emergency call on the base/wing. This duty requires the MP/MPO to be physically on the base/wing.
General
The Military Police, like any other police service in Canada, requires robust policy to govern its domestic law enforcement and policing operations. Policy must not only be legally sound and technically correct, it must also reflect best police practices accepted by the courts and law enforcement communities throughout Canada. This order sets out the CF MP Gp’s general law enforcement policy.
The CF MP Gp is unique among policing services in Canada. Unlike all other municipal and provincial police services, or RCMP personnel assigned to “contract policing services” in provincial or municipal jurisdictions, the CF MP Gp does not fall within the authority of provincial police services acts. The CF MP Gp is at all times exclusively under the command and authority of the CF. MP also provide law enforcement and policing services outside of Canada during contingency and expeditionary operations and must deal with complex situations involving members of other militaries and citizens of other nations. As such, MP law enforcement policy must be sufficiently broad so as to provide direction in virtually all topics related to policing, while not being so restrictive as to prevent MP from carrying out law enforcement duties and functions in accordance with local or provincial statutes or regulations. This order primarily relates to domestic law enforcement policing operations in Canada.
MP duties
The standing duties of all MP include the following:
the maintenance or restoration of law and order;
the protection of persons;
the protection of property;
the arrest or custody of persons;
the apprehension of persons who have escaped from lawful custody or confinement; and
the powers and duties ascribed to a peace officer pursuant to applicable federal law and then ascribed at common law.
Law Enforcement Policy
MP law enforcement, security, and force protection functions are inseparable; however, the focus of this order is on general law enforcement policy. Issues unique to law enforcement and policing operations during an expeditionary setting are contained in CF MP Gp Order 2-405.
Unless otherwise approved by the Commander CF MP Gp in circumstances where there may be local operational tempo and staffing constraints as indicated in paragraph 29 of this order, law enforcement/policing operations shall be conducted on a 24/7 basis and focus on the following:
enforcing the laws and regulations of Canada, including CF orders and directives in, on or about defence establishments. This includes:
conducting routine patrols in support of security and crime prevention programs;
maintaining law and order;
providing traffic control and traffic enforcement services; and
responding to complaints and requests for assistance; and
conducting and providing support to criminal investigations, including the provision of investigation and court coordination services in accordance with CF MP Gp orders, policies and procedures as well as local, provincial, and federal judicial authority. This includes:
liaising with civilian police and other law enforcement agencies as well with multinational forces in theatres of operation on matters related to police and security;
conducting investigations into alleged breaches of the Code of Service Discipline, alleged criminal offences, and other contraventions to federal regulations;
providing court liaison; and
providing and coordinating custodial detention services.
CF MP Gp Order 2-300.1 sets out the procedures for planning uniformed law enforcement patrols in accordance with the policy set out in this order.
Best Police Practices
MP law enforcement operations shall be conducted in accordance with best policing practices in Canada. In the unlikely event that a best practice is in conflict with a legitimate military operational practice or requirement, CF MP Gp order or otherwise, lawful military command, the issue shall be reported immediately to CF MP Gp HQ [Deputy Provost Marshal Policy (DPM Pol)] for resolution. Where a conflict arises between this order and an otherwise, lawful military command, Queen’s Regulations and Orders for the Canadian Forces, article 19.02 shall be followed.
Primacy of the Military Justice System
When an accused is subject to the Code of Service Discipline (CSD), the alleged offence shall be investigated, reported on, and disposed of in accordance with the provisions of the CSD.
The fact that a civilian victim may be involved in a matter does not automatically require the case be referred to civilian court for resolution; however, certain circumstances do exist, such as in the case of alleged domestic violence, or the prosecution of impaired driving offences, where the recourse to the provincial court system is considered more appropriate, on a policy basis. The decision to refer an investigation for resolution before the civilian court shall only occur after consultation with the local MP unit commander, the commander of the unit to which the accused is posted or is currently attached, and the local legal advisor.
Certain Criminal Code offences, if committed in Canada by persons subject to the CSD, may not be dealt with by the military justice system. However, if a person subject to the CSD is alleged to have committed these offences while on deployment with the CF, the military justice system may take precedence. These offences are:
murder;
manslaughter; and
abduction related offences as indicated in sections 280 to 283 (inclusive) of the Criminal Code.
Notwithstanding the fact that a person may not be tried in the military justice system, whether due to the nature of the offence or, because they are not subject to the CSD, or for other reasons, there is no geographical limitation on the MP investigating a matter which pertains to DND or the CF.
Exceptions – Military Justice System
The following offence types, if committed in Canada, will normally proceed within the civil justice system after consult with the local CF legal advisor (Deputy Judge Advocate or Regional Military Prosecutor, as appropriate) and informing the accused member’s CO:
domestic violence;
child assault; and
impaired driving offences.
Prosecution of CSD Offences in Civil Courts
Some offences under the NDA are triable by civil courts (see NDA, Part VII). For several of these offences, CF members may be liable. However, pursuant to section 286(2) of the Act, where the complainant is another CF member, including MP, no charge shall be tried by a civil court without the written permission of the accused’s CO. Where the CO declines to provide his or her permission, the charge may be dealt with in the military justice system.
The Contraventions Act
The Contraventions Act (Ref C) is federal legislation that provides a simplified procedure for the prosecution of certain federal regulatory offences. The Act provides that federal regulatory offences designated as “contraventions” may be prosecuted by means of an issued ticket/provincial offence notice (PON) or summons.
Ref C does not provide for the designation of provincial enforcement authorities nor does it create new categories of enforcement authorities for MP/MPO within provincial legislation. Section 2 of the Act lists the categories of persons who are "enforcement authorities" empowered to issue tickets/PON or summons. They are persons who are already empowered to enforce statutes and regulations. Their authority and the scope of their powers to enforce federal statutes and regulations are usually found in the legislation that creates the offence. In simple terms, the MP derives enforcement authority from the federal acts and regulations within Ref C, not from Ref C itself.
Signatory provinces: Those MP units located within signatory provinces shall apply the provisions of the Contraventions Regulations (Ref H), by using a provincial ticket/PON or summons, when charging pursuant to the GPTR, DCAAR and selected NDA offences. The following provinces are listed in the schedules of the Application of Provincial Laws Regulations (Ref I) since they have signed Ref C :
Province of Newfoundland;
Province of Nova Scotia;
Province of Prince Edward Island;
Province of New Brunswick;
Province of Quebec;
Province of Ontario;
Province of Manitoba; and
Province of British Columbia.
Ref H are the regulatory offences that flow from Ref C itself, and include set fines and authorized short-form wordings for each offence. Included in Ref H are offences pursuant to the following:
selected offences drawn from the NDA. CF MP Gp Order 2-347 sets out the policy and procedures for enforcing these selected regulations drawn from the NDA.
Recording issued PON/Summons in SAMPIS: CF MP Gp Order 2-123 provides direction on the use of SAMPIS to record PON/Summons.
Non-signatory provinces: To confirm, the following provinces and territories are not signatories to Ref C and thus, not listed in the schedule of Ref I:
Province of Alberta;
Province of Saskatchewan;
Nunavut;
Yukon; and
Northern Territories.
For those MP units located within non-signatory provinces, the provisions and practices related to Ref C do not apply. Consequently, the following procedures shall apply when MP/MPO are required to lay a charge pursuant to the DCAAR, GPTR or NDA:
the offender will be issued an Appearance Notice (Criminal Code Form 9) without filling the section for fingerprinting under the Identification of Criminals Act;
an Information (Criminal Code Form 2) shall be filled and been sworn before a provincial Justice of the Peace or Judge (depending of the province) in order to lay the charges;
a GO will be completed as for any type of investigation as per CF MP Gp Order 2-126;
the GO will be used as the provincial Crown Brief as per CF MP Gp Order 2-130; and
disclosure to the crown attorney will be done as per CF MP Gp Order 2-150.
Regardless of the crown attorney position, MP/MPO shall not issue a PON/summons in non- signatory provinces.
Recognition of Military Police under provincial legislation: Notwithstanding the fact that a province may purport to authorize the Military Police the authority to enforce provision contained within its legislation, the province lacks the constitutional authority to do so at law, given the division of powers between the federal and provincial governments pursuant to the Constitution Act of 1867. Consequently, MP/MPO are not entitled to enforce provincial legislation unless a federal authority specifically authorize MP/MPO to do so. Presently, no such federal authority has been issued. Therefore, under no circumstance are MP/MPO to lay a charge pursuant to provincial legislation unless specifically authorized in writing by the CFPM.
Off-Duty MP
MP retain their status as peace officers regardless if they are on-duty or off-duty as long as they would otherwise have the jurisdiction and the duty to act. Should MP be within the confines of a defence establishment but outside of their normal scheduled working hours and come upon an offence being committed involving any person, their first action, short of preventing death or grievous injury, should be to notify the duty MP as soon as practicable. Off duty status in this respect does not preclude you from acting where appropriate and if safe to do so.
Direct intervention in violent or potentially dangerous situations by off-duty MP should only be as a last resort, having full regard for the safety of the public and themselves. Discretion shall be exercised given the circumstances at the time.
Off-duty MP/MPO shall not use their personal vehicle to apprehend an offender, nor shall any off-duty MP who has consumed alcohol or incapacitated (ie: short term effect of prescribed medication, etc) act in a law enforcement capacity.
CF MP Gp Order 2-110 sets out the policies and procedures related to MP jurisdiction. CF MP Gp Order 2-340 sets out MP investigation policy, including discretion.
Nothing in this order precludes an off-duty MP from obeying any lawful command, regardless if in relation to law enforcement activities or not.
Official Languages – Active Offer
Ref F provides that English and French are the official languages of Canada and aims to ensure equality of status as to their use in all federal institutions, particularly with respect to the administration of justice. Accordingly, section 27 of Ref F provides that wherever there is a duty with respect to communications and services in both official languages, the duty applies to both oral and written communications and any related documents or activities. Section 28, “Active offer”, provides that federal institutions that are required to provide services in either official language shall ensure that appropriate measures are taken to make it known that those services are available in either official language. Moreover, pursuant to section 34, employees of all federal institutions have the right to use either official language.
MP members shall provide an “active offer” to all subjects, complainants and witnesses at the earliest opportunity in all investigations initiated and subsequently conducted. For the purpose of this policy, earliest opportunity means at the beginning or initial stages (first communication) of an investigation. More precisely, MP shall provide an active offer upon initial contact with a subject, complainant or witness unless impracticable and due to exigent or emergency related circumstances. In doing so, MP members gain a better understanding of the resources required to complete the investigation in a professional and timely manner and can make an informed decision as to whom the case should most appropriately be assigned.
Minimum Manning Level
The minimum manning level for an MP frontline response unit is two armed MP/MPO geographically located on the base/wing and performing duties in occupational patrol dress (OPD) as per CF MP Gp Order 2-810.
Special Minimum Manning Level: If an MP unit is not able to maintain the minimum manning level, the MP unit CO must seek approval from the MP Formation commander to adopt a temporary special minimum manning level. In such cases, the following shall occur:
the MP unit CO shall obtain approval in writing from the MP Formation Commander, through his or her chain of command. The MP Formation Commander shall assess all options available before approving the implementation of temporary special minimum manning level measures;
the CO of the MP unit shall advise the Base/Wing Commander of the situation both of the request made and the MP Formation Commander’s response. The Base/Wing Commander shall be made aware of the schedule and associated impact on base operations (i.e. 911 response estimated timings, intrusion alarm response estimated timings, impacts upon active base patrolling, door security checks, etc.) and be notified that any issues are to be addressed directly to the MP Formation Commander;
during the daytime on week days:
law enforcement/policing operations shall be provided as per paragraph 7 of this order;
a minimum of two (2) armed MP/MPO in OPD shall be on the base/wing;
a C8A3 patrol carbine shall be in marked vehicles used by MP/MPO on duty; and
MP/MPO shall remain on duty for a minimum 12 hour shift;
during silent hours (weekends, evenings and nights):
at least one (1) armed MP/MPO shall do the following:
provide immediate response to calls such as 911, intrusion alarms, car accidents, etc.;
wear the OPD and carry a service pistol and intermediate weapons as per CF MP Gp Order 2-810;
be on standby duty and have access to a marked patrol vehicle as per CF MP Gp Order 2-855;
ensure a C8A3 patrol carbine is not in the MP vehicle; and
remain on duty for the 12-hour standby-duty period;
at least one (1) armed MP/MPO shall do the following:
provide backup response. The MP/MPO shall reside in an area from which a response to a Code 2 call can safely be made in no less than 15 minutes, as per CF MP Gp Order 2-855;
wear the OPD and carry a service pistol and intermediate weapons as per CF MP Gp Order 2-810;
stay at his/her residence (high readiness state) with a duty MP vehicle as per CF MP Gp Order 2-855 and a properly secured service weapon as per CF MP Gp Order 2-840; and
ensure a patrol carbine is not in the trunk of the MP vehicle as per CF MP Gp Order 2-855;
during silent hours, backup MP response may be provided by a civilian police force upon request if the MP unit has an approved memorandum of understanding in place as per CF MP Gp Order 2-160;
special events may require additional MP/MPO during silent hours (i.e. mess events, sports days, family days, etc.). In such cases, the MP unit shall provide an appropriate number of MP/MPO assigned to be on duty to potentially respond to requests for service;
if approved by the MP Formation Commander, the MP formation shall send a copy of the written approval to DPM Policy outlining the situation and a copy of the special schedule; and
DPM Policy shall be advised as soon the manning situation returns to normal.
Attachments:
2-300.1 Planning Law Enforcement Patrols
Approval Authority:
COS
OPI:
DPM Policy
Issued:
8 June 2015
Supersedes:
CF MP Gp Order 2-300, dated 1 Apr 12 MPPTP, Chap 1, dated Feb 00
MPPTP, Chap 1, Anx C, dated Feb 00
MPPTP, Chap 5, dated Jun 09
PPA 06/09
PPA 03/05
