Schedule P

2-500 - Investigation management

General

1. Investigation management is the critical process of employing resources effectively and efficiently for the purpose of establishing if a criminal or service offence has been committed. The management of identified resources involves planning, organizing, leading, and controlling the actions of investigative resources for the purpose of achieving the stated goals of the investigation plan.

Definitions

2. The following definitions shall apply to this order:
   1. quality control: daily supervision of investigative activities in order to ensure a professional product at the outcome of an investigation. Quality control is an ongoing activity performed by all supervisory levels with investigative decisions recorded and tracked in the Security and Military Police Information System (SAMPIS) as part of the investigation; and
   2. quality assurance: review of the investigative process following the conclusion of an investigation in order to ensure all procedures were observed and lessons learned were identified so as to improve future investigations. Quality assurance is a management function that does not form part of the investigative case file, but rather is documented outside of SAMPIS as part of an internal audit function through the COS Readiness section.

Principles of Investigation Management

3. In keeping with MP traditions of excellence, professionalism, integrity, and transparency, the investigation management function is guided by the following principles:
   1. the Canadian Charter of Rights and Freedoms must be respected during all phases of the investigative process;
   2. all alleged offenders are presumed to be innocent until convicted by a competent judicial authority;
   3. all aspects of the investigative process must involve the lawful and reasonable use of police powers; and
   4. all police actions must be in compliance with applicable law, including the National Defence Act and the Criminal Code and in conformity with Canadian Forces Provost Marshall (CFPM) orders and directions, including CF MP Gp Orders.

Principle Partners of the Investigation Management Process

4. Successful police investigations are achieved through the implementation of effective processes related to collaboration, cooperation, and communication in a team-based environment. The involvement of personnel will vary depending on the situational variables and the specific types of criminal conduct involved. All decisions related to the selection of personnel are a function of the investigation management process. Table 1 identifies the principle partners of the investigation management process.

Table 1 – Principle partners of the investigation management process

Defining the Roles of the Principle Partners

5. Given the wide variety of organizational structures within the CF MP Gp, commanders charged with supervising front-line operation units tasked with delivering law enforcement services to the Canadian armed Forces (CAF) must have the ability to manage assigned personnel depending on unique situational variables. As such, all commanders tasked with the responsibility of performing MP investigations shall develop appropriate terms of reference (TOR) for each employment position within their scope of authority. The TOR must clearly define roles, responsibilities, supervisory functions, and lines of authority.
6. In the event that a complex investigation task force is deemed necessary or in the case of major joint investigations with other law enforcement agencies, the Major Case Management (MCM) model must be observed. CF MP Gp Order 2-530 sets out the policy and procedures with regard to MCM.

Investigation Management Initiation

7. Inherently, crimes are either confrontations or discoveries. Confrontation offences are those offences that involve direct contact between an offender and a victim. In such instances, the victim typically reports the circumstances of the incident directly to law enforcement. Discovery offences are those offences whereby the allegation is reported to law enforcement after the fact. In these instances, the alleged offence may be discovered and reported by a victim, a witness or a police officer. The manner in which an offence is reported to police has some bearing on the initial stages of the investigation management process.
8. For the purpose of this order, the investigation management process for confrontation offences commences following the immediate actions necessary to secure a crime scene and provide necessary medical care to victims. For discovery offences, the investigation management process commences upon the receipt of an allegation from a victim, a witness, or a police officer.

Initial File Evaluation

9. All allegations where an offence has been committed must be dealt with appropriately and expeditiously; this does not mean all allegations can or should be investigated in an identical manner. Whether it is for a minor incident while on patrol or a major case within the Canadian Forces National Investigation Service (CFNIS), investigators and supervisors must first determine if there is a requirement to conduct an investigation. This is accomplished by performing a proper investigative assessment while exercising investigative discretion as set out in CF MP Gp Order 2-340.1.
10. When it is decided to conduct an investigation, supervisors must ensure the appropriate investigator or investigators are assigned the tasking. Factors to consider are:
    1. does the investigation require any special skills, abilities or qualifications, and do the assigned investigators have them or have access to them;
    2. are the assigned investigators available for the duration of the investigation, i.e. are they scheduled for an extended course or training, are they scheduled for an extended period of leave, are they tasked with other priority matters and are they due to deploy on CAF operations or be away on temporary duty during the estimated time of the investigation; and
    3. are any of the assigned investigators in any potential or actual conflict of interest. CF MP Gp Order 2-340 outlines the policy and procedures pertaining to conflict of interest.
11. Once a lead investigator is assigned, the immediate supervisor shall ensure the respective General Occurrence (GO) is appropriately annotated. The policy and procedures for assigning a lead investigator, creating a follow-up and managing the workflow within Security and Military Police Information System (SAMPIS) can be found in CF MP Gp Order 2-500.1.

Investigative Assistance

12. MP and MPO are not expected to be experts in all investigative fields. Assistance from external and internal specialists may be necessary and consultation with different specialists is encouraged to obtain alternative points of view. Supervisors shall be familiar with the basic premise of each ongoing investigation. In consultation with the lead investigators, the supervisor is responsible to determine which, if any, investigative assistance is needed. Assistance may include, but is not limited to, human resource management, specialty support services and different resources on-scene.
13. As a minimum, the following factors should be considered when deciding to obtain specialty services from within or outside the Canadian Armed Forces / Department of National Defence:
    1. urgency (time) of the specialty services required;
    2. currency/competency of the persons holding the specialist qualification;
    3. availability of equipment and personnel;
    4. priority in investigations;
    5. necessity; and
    6. cost effectiveness.

Investigation Plans

14. A thorough investigation plan is essential in ensuring the successful completion of an investigation. CF MP Gp Order 2-340.2 outlines the policy and procedures pertaining to investigation plans for both investigators and supervisors. Not only must supervisors ensure actions taken in regard to the investigation plans are annotated in the GO, they must also ensure reasons for actions not taken are articulated in the GO.

Prioritization of Investigations

15. For MP organizations that are mandated to manage multiple ongoing investigations, it is necessary to prioritize investigations to enable supervisors to effectively and efficiently allocate personnel and institutional resources. In prioritizing investigations, supervisors should assess the relative importance of all applicable considerations in a given case and give each factor an appropriate weight in the decision making process. Any prioritization of investigations should be based on considerations that include, but are not limited, to the following list (not necessarily presented in the order of importance) of considerations:
    1. does the investigation involve crimes against persons;
    2. what effect does the offence have on CAF operations;
    3. how severe is the offence;
    4. is the investigation related to a judicial review process;
    5. is there suspicion of organized crime involvement;
    6. is there significant public interest;
    7. how complex is the investigation;
    8. is the offence related to weapons and/or explosives;
    9. is the offence related to classified and/or designated material;
    10. is the rank and/or position of the alleged offender of significance;
    11. is the offence limited to crimes against property;
    12. is there direction from higher MP authorities within the investigation manager’s chain of command;
    13. what is the anticipated timeline of the investigation; and
    14. the limitation period of the offence.
16. Given the wide variety of organizational structures within the CF MP Gp, each MP unit commander having an obligation to provide MP investigative services shall develop a standard operating procedure (SOP) as per CF MP Gp Order 2-304.2 and issue appropriate orders for prioritizing investigations and empowering investigation supervisors with the ability to deploy personnel and institutional resources appropriately.

Investigative Oversight/Responsibility

17. Investigators are individually responsible for the quality of investigations assigned to them and for the preparation of investigation reports. Investigations involving complex facts or allegations require active, informed and involved supervision. The final approving authority is ultimately responsible for the quality of the investigation; however, this does not negate the fact that supervisors at all levels have a duty to supervise the work of their subordinates, maintain full situational awareness of investigations their subordinates are conducting and offer advice and expertise as required.
18. Supervisors at all levels shall record their observations and comments in SAMPIS under the title "Supervisory Comments." These supervisory comments shall include detailed advice provided to investigators and have the secondary benefit of demonstrating the investigation has had supervisory oversight. Supervisory comments shall also include direction in regard to the conduct, speed, flow and direction of the investigation, including the reasons for those directions. In accordance with section 250.19 of the NDA, day-to-day advice, guidance and direction with regard to investigations is not considered interference.
19. Supervisors shall not directly amend or alter a GO created by a subordinate. When corrections to a GO are required, a "Follow-Up" as per CF MP Gp Order 2-510 shall be generated with the required corrections and/or actions identified in a text box attached to the specific follow-up. If work is required in a specific text box, the review status inside the header shall be set to open and the Date and By fields shall be updated. (NOTE: A text box created under a follow-up is not released as part of the report.)
20. If a circumstance arises where an investigation is led by an investigator with limited experience in the specific type of investigation being undertaken, the case manager assigned to the investigation must have a sufficient level of experience in such investigations to overcome the deficiency and provide technical direction to the investigator.

File Handover

21. In cases where a new investigator assumes responsibility for an ongoing investigation, a full face- to-face briefing shall, when practicable, be conducted between the departing and incoming investigators. Less preferable is a briefing conducted via video conferencing followed by a telephone conference call. The details of the briefing (date, time, location, persons present, and manner of briefing at minimum) shall be recorded in an Administrative Activity text box (AA) in the SAMPIS investigative file. Reasons for not conducting a face-to-face briefing and for using alternate less preferable methods shall be included if applicable.
22. Prior to such briefing, the departing investigator shall conduct a detailed file review to ensure all documentation the new investigator may reasonably expect is readily accessible. The file review shall be recorded in an AA text box in the SAMPIS investigative file.
23. When special circumstances make the departing investigator unavailable, the briefing and/or file review shall be conducted by the departing investigator's direct supervisor. The reasons for the departing investigators unavailability shall be recorded in an AA text box in the SAMPIS investigative file.

Notebooks

24. CF MP Gp Order 2-301 sets out direction with regard to police notes and requires that all members of the CF MP Gp engaged in policing functions keep and maintain a police notebook to reflect their involvement and activities related to all police matters and investigations.” This includes supervisors recording any direction they provide on an investigation.

Timeliness

25. In general, investigations must be conducted as quickly and efficiently as possible, without compromising their thoroughness or integrity.
26. It is acknowledged that some investigations by their nature are lengthy; however, it is imperative that every investigations be completed in as timely a fashion as possible. The reasons for any delays be recorded within the GO.
27. An Administrative Activity text type shall be completed by the investigator or appropriate supervisor anytime where there has been or will be no meaningful investigative activity for 30 days and the investigation is still on going.. This text box shall describe the reason for the delay, which could include, but is not limited to:
    1. investigator absence due to leave, illness or temporary duty;
    2. attempting to locate witnesses or arrange for interviews; or
    3. awaiting the results of forensic testing.
28. Investigation timeline should be determined in concert between the supervisor and the investigator and should consider, among other things, the investigative priorities, the capabilities of the unit and the investigator's experience. It must take in consideration the period limitation of the offence determined by law. When the offence will likely be dealt with the summary trial, the supervisor and investigator have the responsibility to meet the deadlines prescribed by sect 108.05 of QR&O. In the event that the period limitation cannot be met, the supervisor or the investigator should contact the local JAG office and the subject’s CO to reach an agreement on the time required to conclude the investigation.

Quality Control

29. Quality control is an ongoing activity performed by all investigators and supervisors on a daily basis to ensure a consistent and high level of investigative service and to confirm that all investigations carried out are conducted with a high level of professionalism and in accordance with the law, standard police practices, regulations, orders and SOPs. Issues could be as simple as spelling errors and missing entities and as severe as the failure to carry out certain investigative steps. Through the course of one’s duties, if a concern is observed, it shall be addressed appropriately at the lowest level, as early on in the investigation as possible.
30. MP commanders are responsible to enforce rules and regulations with regard to quality control and have the authority to supplement and or augment such rules, orders and direction as long as they are consistent with CF MP Gp Orders. Commanders should consider noting “lessons learned” and distributing them within their command.

Quality Assurance

31. Quality assurance is the review of concluded investigations to ensure a consistent and high level of investigative service and to confirm all investigations carried out are conducted with a high level of professionalism and in accordance with the law, standard police practices, regulations, orders and SOPs. The COS Readiness section, specifically the Lessons Learned Officer, will assist to ensure there is no repetition of previous deficiencies.
32. A quality assurance review consists of a “pillar to post” review of all investigative activity, audio/video recordings (a minimum of complainant, victim and three witness interviews, if applicable), notes and evidence. A quality assurance checklist (DND 2937) can be found in the MP Standardized Forms Webpage.
33. Quality assurance is the responsibility of the MP chain of command. Each MP commander shall issue instructions regarding quality assurance procedures and identify who specifically conducts quality assurance within their organization.

Attachments:

2-500.1 Lead Investigator, Follow-up and Workflow

Approval authority:

COS Readiness

OPI:

J7 Policy

Issued:

5 Dec 18

Supersedes:

CF MP Gp Order 2-500, dated 21 Nov 16

References:

Arcaro, Gino. Criminal Investigation: Forming Reasonable Grounds. Fourth Edition. Scarborough:  Nelson Thomson Learning, 2004.