Schedule O

CF MP GP Order 2-381 – Canadian Forces National Investigation Service Jurisdiction

Application

1. This order applies to all members of the Canadian Forces Military Police Group (CF MP Gp) employed at a local Military Police (MP) unit or within the Canadian Forces National Investigation Service (CFNIS).

Definitions

2. For the purpose of this order, the following definitions apply:
   1. serious offence: an indictable criminal or similar Code of Service Discipline offence involving a crime against a person, or a high-value and complex property or fraud offence; and
   2. sensitive offence: an offence that has the potential to reach across provincial or national boundaries or that involves elements of more than one Canadian Forces (CF) command, even if the allegation is not inherently serious, or that, due to the nature of the allegation or the identity, rank, or status of the person(s) implicated, could have a strategic or national impact.

General

3. The purpose of this order is to set out the jurisdiction, mandate and procedures concerning the CFNIS and local MP units with regard to the investigation of serious and sensitive offences.
4. The CFNIS supports CF domestic and international operations by conducting investigations into alleged offences that are serious or sensitive in nature, and by providing the CF MP Gp with specialized investigative support services through the CFNIS Specialized Operations Section (SOS) and criminal intelligence support through the Military Police Criminal Intelligence Section (MPCIS).
5. Local MP units play an essential role in supporting the CFNIS in that they are often the first MP organization to learn of a potentially serious or sensitive offence and thus make the appropriate notifications to CFNIS duty personnel. Local MP units also provide invaluable support to ongoing CFNIS investigations and, in some cases, may even inherit responsibility for the investigation at the discretion of the CFNIS.
6. The CFNIS is an independent unit and its commanding officer (CO) reports directly to the Canadian Forces Provost Marshal (CFPM). The CFNIS shall be organized into regional offices (RO), each commanded by an officer commanding (OC). Each OC is responsible for the operation and administration of his/her respective RO.
7. The CFNIS investigative mandate includes the following:
   1. right of first refusal for all allegations of serious and/or sensitive offences, except for sexual offences. Investigative responsibility for sexual offences is set out in CF MP Gp Order 2-340;
   2. the ability to waive investigative responsibility for a serious and/or sensitive offence to a local MP unit when, in the opinion of the CO CFNIS, it would be appropriate to do so;
   3. when investigative responsibility is waived to a local MP unit, provision of continued support to the investigation through direct assistance or the provision of advice as requested; and
   4. assumption of responsibility for an investigation already initiated by a local MP unit when it is determined that the offence is of a serious or sensitive nature, or upon the request of the MP chain of command responsible for the investigation.

Investigative Benchmarks – Serious or Sensitive Offences

8. The investigative benchmarks set out in 2-381.1 shall be used to assess whether or not a complaint meets the criteria of a serious or sensitive offence.

CFNIS Duty Investigator Call-Out Capability

9. In order to facilitate rapid notification and investigator call-out, CO CFNIS shall:
   1. ensure that each CFNIS RO provides 24/7 duty officer (DO) and duty investigator support for each local MP unit within its area of responsibility (AOR). CF MP Gp Order 1-120 establishes geographic AOR for all CFNIS RO; and
   2. ensure that each local MP unit is provided with appropriate and up-to-date call-out protocols to reach the regional CFNIS DO.

Notification of Serious or Sensitive Offence – Local MP Unit Responsibilities

10. Upon receiving an allegation of a serious and/or sensitive offence at the local level, the local MP DO shall notify the regional CFNIS DO immediately. Specific procedures and responsibilities of the local MP are set out in 2-381.2.

Notification of Serious or Sensitive Offence – CFNIS Responsibilities

11. Once advised of the serious and/or sensitive crime allegation, the applicable CFNIS DO will determine the level of CFNIS response and necessity of assigning a duty investigator to assist with the investigation, having full regard for the following factors:
    1. extent of the seriousness of the allegation;
    2. complexity of the investigation;
    3. expertise required; and
    4. investigative resources, including investigator ability and workload, available to both CFNIS and the local MP unit.
12. If for any reason the assumption of an investigation by the CFNIS proves problematic for a local MP unit commander, the matter shall be addressed through the environmental CF MP Gp chain of command for resolution between the appropriate commander and the CO of the CFNIS. Unresolved issues will be forwarded to the CFPM for a final decision.
13. The mere fact that an allegation falls within the threshold of a serious and/or sensitive offence does not necessarily mean that only CFNIS will conduct the investigation. The CFNIS DO may waive investigative responsibility for a serious or sensitive offence to the reporting local MP unit if, in the opinion of the CFNIS DO, the investigation can be completed successfully at that level.

Inter-Unit Cooperation

14. Local MP units shall render all necessary assistance to CFNIS investigators as required. If the CFNIS elects to exercise its investigative mandate over an allegation of a serious and/or sensitive crime, the local MP unit commander is responsible to ensure that the following minimum investigative support is provided until handover with the CFNIS investigator occurs:
    1. preservation and protection of the crime scene;
    2. preservation and protection of evidence;
    3. identification of witnesses; and
    4. detention of suspect(s), if appropriate.
15. Whenever practicable, CFNIS investigators shall request the assistance of local MP in the conduct of investigations. This practice will assist in the development of local expertise and a deeper talent pool of investigators within the CF MP Gp, and the establishment of strong investigative partnerships. A request to utilize local MP to augment a CFNIS investigation must be formally made by the CFNIS chain of command to the applicable local MP unit.

CFNIS Operational Investigative Support

16. CFNIS personnel may provide investigative support to deployed operations in one of three capacities:
    1. through the short-term deployment of a high-readiness team of investigators into theatre, when no CFNIS personnel are already pre-positioned in theatre:
       1. CFNIS personnel deployed into theatre to conduct an investigation will remain under the operational command (OPCOM) of the CO CFNIS;
       2. the CO CFNIS is responsible for ensuring appropriate policies and procedures are in place to ensure a CFNIS high-readiness team is ready to deploy into an operational theatre at any time;
    2. through CFNIS personnel force-generated as part of a task force (TF)/Canadian contingent unit when no deployed CFNIS section has been formed:
       1. these personnel will remain under the authority of the Task Force Provost Marshal (TFPM) in whatever role they have been assigned until such time that an incident that falls within the CFNIS mandate occurs in theatre;
       2. should an incident within the CFNIS mandate occur, the CFNIS personnel will be under the OPCOM of the CO CFNIS, will conduct the investigation under the authority of the CFNIS, and will revert to the authority of the TFPM when the investigation has been completed; or
    3. deployed as part of a TF/Canadian contingent in a CFNIS deployed section. In this setting, CFNIS personnel will remain under the command of the CO CFNIS.
17. CO CFNIS and the Canadian Joint Operations Command (CJOC) Provost Marshal are responsible to ensure that an appropriate command and reporting relationship is formalized between the TF MP organization and the deployed CFNIS element.
18. Criminal or service offence investigations should not impede the operational mission of commanders. Notwithstanding the aforementioned, investigations must be completed in a credible, responsive, independent, and professional manner and in accordance with the policies and procedures set out in CF MP Gp orders. When there are concerns regarding the potential impact of a CFNIS investigation on operations, the senior CFNIS member in theatre shall seek advice from the TFPM or Contingent Provost Marshal.
19. When a deployed CFNIS section is established as part of a TF/Canadian contingent, a written CFNIS briefing protocol shall be established by the CFNIS Section Commander with the TF/Contingent Commander in order to ensure an appropriate flow of communications. This protocol will determine the mechanism for CFNIS briefings to the Commander and the TFPM or Contingent Provost Marshal.
20. CFNIS personnel who are deployed into an operational theatre to conduct specific investigations shall:
    1. conduct all investigations in full compliance with the policies and procedures set out in CF MP Gp orders and CFNIS Standing Operating Procedures, while being sensitive to the need to minimize the impact on operations;
    2. keep the TF/Contingent Commander informed of their investigations in keeping with the briefing protocol;
    3. advise CFNIS Headquarters of any problems concerning operational effectiveness, which, in turn, will attempt to find an acceptable solution; and
    4. in the event that a workable solution cannot be identified by CFNIS Headquarters, the CFPM will communicate with the TF/Contingent Commander on the matter.

Attachments:

2-381.1 Benchmarks – Serious and Sensitive Offences
2-381.2 CFNIS Call-Out: Procedures and Responsibilities

Approval Authority:

COS

OPI:

DPM Pol & Plans

Issued:

14 Aug 2015

Supersedes:

CF MP Gp Order 2-381, dated 12 Dec 12
MPPTP, Chap 1, dated Feb 00
MPPTP, Chap 1, Anx C, dated Feb 00
MPPTP, Chap 2, Anx H, dated Feb 08
MPPTP, Chap 5, Anx H, Appx 4, dated Dec 03
MPPTP, Chap 6, dated Oct 07
MPPTP, Chap 6, Anx A, dated Oct 07
MPPTP, Chap 6, Anx C, dated Oct 07
PPB 02/05, dated Jul 05

References:

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