CFNIS 2009-02 - May 1, 2009
It is widely understood that the only way to fairly and impartially administer military justice is by having an independent investigation. The Canadian Forces National Investigation Service (CFNIS), an independent Military Police unit, provides that capability.
The mandate of the CFNIS is to investigate serious and sensitive matters in relation to National Defence property, DND employees and CF personnel serving in Canada and abroad. The CFNIS has authority and jurisdiction over persons who are subject to the Code of Service Discipline, wherever Canadian Forces are established or deployed throughout the world, regardless of rank or status.
The Commanding Officer of the CFNIS reports directly to the Canadian Forces Provost Marshal.
Regardless of the circumstance or environment, the members of the CFNIS remain under the Provost Marshal’s command. This reporting structure allows the CFNIS to conduct thorough investigations in a fair and impartial manner.
Investigative process
Usually, requests for CFNIS involvement come through regular Military Police organizations, but CF members and DND employees can lay complaints, or communicate directly with regional offices or individual CFNIS members. Once the CFNIS becomes aware of allegations of a potential criminal or service offence, the organization immediately conducts a review of the information to determine whether or not a CFNIS investigation should be conducted.
Once it is determined that CFNIS involvement is warranted, then the CFNIS investigators interview the source of the complaint and begin the investigative process. The goals of the investigation are to reconstruct events, identify if an offence has been committed, identify those responsible for the offence and gather evidence to present to court. As any other Canadian Police major crimes unit, the CFNIS then analyzes all of the gathered information, often in consultation with a member of the independent Directorate of Military Prosecutions, to determine if the available evidence warrants laying a charge.
Pre-charge screening
Before laying a charge, the CFNIS receives independent advice from military prosecutors, which is called “pre-charge screening”. Essentially, the CFNIS must make sure that essential elements are met before laying a charge and can lay charges, through either civilian or military courts, following its investigations.
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For more information about the CFNIS, go to http://www.forces.gc.ca/site/news-nouvelles/view-news-afficher-nouvelles-eng.asp?id=2824