Good morning, Madam Chair and members of the committee.
I am here today with Major Langlois. He is the legal advisor to the Canadian Forces provost marshal and the commander of the Canadian Forces Military Police Group. He is assigned to the Military Police Group and reports to the director law, military justice operations division of the judge advocate general. His mandate is to provide legal advice and guidance to the provost marshal and his staff.
I am the chief of staff of the Canadian Forces Military Police Group. I am responsible for the effective and efficient operation of the Military Police Group headquarters and for all military and civilian staff assigned thereto. I am also the headquarters commanding officer.
I would like to start by telling you about the military police, our organizational structure and role, mandate, and authorities within the Department of National Defence, the Canadian Armed Forces, and the military justice system. I will then endeavour to explain our role, or more specifically our lack thereof, in the investigation of sexual harassment cases within the Canadian Armed Forces.
I will cover the determination of whether an incident is handled administratively as sexual harassment or through disciplinary means in accordance with the code of service discipline and our role in that determination, and the military police role in the investigation of sexual misconduct.
Finally, I know you have also asked for information on how sexual harassment is addressed when there is a complaint from a member of the military police, or against a member of the military police. I will address this as well.
The Canadian Forces Military Police is the police force jurisdiction for the Department of National Defence and the Canadian Armed Forces. We derive our authority from section 156 of the National Defence Act. Military police are also recognized as peace officers in section 2 of the Criminal Code of Canada, when performing their policing functions and duties.
Military police are members of the Canadian Armed Forces and receive common military skills training like every other Canadian Forces member. We also receive the same kind of specialist police training as other police forces in Canada. As such, military police are fully trained and empowered to investigate crimes of a sexual nature.
In short, military police are dual professionals; that is, we are members of both the profession of arms and the law enforcement profession. We are subject to the same administrative and disciplinary policies and procedures as every other member of the Canadian Forces. Additionally, we are subject to the military police code of professional conduct both on and off duty.
The provost marshal is the chief of police for the military police. He has two main roles.
First, as the Canadian Forces Provost Marshal, he is responsible for all investigations conducted by military police; the establishment of selection and training standards applicable to candidates for the military police, and ensuring compliance with those standards; the establishment of training and professional standards applicable to the military police and ensuring compliance with those standards; and investigations in respect of conduct that is inconsistent with the professional standards applicable to the military police or the military police professional code of conduct.
Second, as of April 1, 2011, he is also the commander of the Canadian Forces military police group, and as such, he commands all military police members who conduct policing duties and functions. This is an important and relatively recent development that enhances the independence of military police investigations and ensures there is no real or perceived influence by the chain of command therein.
As a formation commander, he is responsible for enforcing the code of service discipline and all other Canadian Armed Forces orders, regulations, policies, and directives, including the Treasury Board policy and defence administrative order and directive on harassment.
There are approximately 1,500 regular force military police personnel within the Canadian Armed Forces, both officers and non-commissioned members, and approximately another 400 reserve force military police members. They're stationed across Canada and around the world.
I thought this committee might also be interested in the gender distribution of the military police. As of December 2012, 12.8% of military police non-commissioned members are female, which is on par with the 13.1% female population within the Canadian Armed Forces non-commissioned members. For officers, 20% of military police officers are female, which is slightly higher than the 16.8% female population within the Canadian Armed Forces.
The Canadian Forces Military Police Group has its headquarters here in Ottawa and has seven subformations which are: the Naval Military Police Group; the Land Force Military Police Group; the Air Force Military Police Group; the Special Operations Forces Military Police Unit; the Military Police Services Group; the Canadian Forces Military Police Academy; and the Canadian Forces National Investigation Service. I will expand on their role specifically.
The Canadian Forces National Investigation Service has the mandate to investigate serious and sensitive matters related to the Department of National Defence and the Canadian Armed Forces, similar to a major crimes unit in civilian police services.
When the Canadian Forces National Investigation Service was established in 1997 with a mandate to investigate those matters related to the Department of National Defence and the Canadian Armed Forces, one of the particular areas that automatically came under their purview was sexual assaults. The military police investigate disciplinary and criminal offences—they are offences found within the code of service discipline as well as those offences found in other statutes, such as the Criminal Code of Canada—pursuant to section 130 of the National Defence Act.
In doing so, it is our role to determine the facts of the case based upon on the elements of the offence.
Sexual harassment is dealt with administratively in accordance with Canadian Forces and Treasury Board policy; as such, it is up to the commanding officer of the unit to investigate the matter and take administrative action as deemed appropriate.
These types of cases are very fact-dependent, and a careful analysis of these facts will help to determine whether a matter should be handled through administrative or disciplinary means. After the initial analysis, if doubt still exists, it is the commanding officer's responsibility to obtain legal and/or military police advice before taking any action.
At this point it is important to ensure the distinctions made between criminal or disciplinary matters and those behaviours that fall more appropriately in the administrative realm.
Where a behaviour falls into the categories of service offences contrary to the code of service discipline, or crimes such as criminal harassment or sexual assault, the military police will investigate. Essentially, when it's alleged that behaviour has gone beyond gestures or comments, or that someone has been assaulted in circumstances of a sexual nature, then that is when the police investigation will occur.
As you heard from the director general of military personnel, sexual misconduct constitutes behaviour that is sexual in nature and constitutes an offence under the Criminal Code of Canada or the code of service discipline. This behaviour includes offences such as sexual assault, indecent exposure, voyeurism, and acts involving child pornography. Should these offences be alleged to have occurred, the military police will investigate.
The Canadian Forces and the military police take all allegations of sexual offences by Canadian Forces personnel seriously and, in all cases, investigations are conducted to determine the facts, analyze the evidence and, if warranted, lay appropriate charges.
I would also like to point out that the Military Police Group has a wide-ranging victim services program that puts the highest priority on support to victims and provides support and referrals to other services as required, including the Canadian Forces health services, Canadian Forces member assistance program, military chaplains, military family resource centres, and even civilian social services.
Returning to the subject of this committee's study, as you have heard from other representatives from the Department of National Defence, harassment is any improper conduct by an individual that is directed at and offensive to another person or persons in the workplace, and that the individual knew or ought reasonably to have known would cause offence or harm. It comprises any objectionable act, comment or display that demeans, belittles or causes personal humiliation or embarrassment, and any act of intimidation or threat.
There is no definition or policy specifically for sexual harassment. It is covered under the Treasury Board policy.
The military police, like all other Canadian Armed Forces personnel, are subject to these regulations, orders, and policies. I will tell you categorically that harassment in any form, sexual or otherwise, is not tolerated within the Canadian Forces Military Police Group.
This concludes my statement. I'd be happy to answer any questions you may have.