ARCHIVED - QR&O: Volume I - Chapter 22 Military Police And Reports On Persons In Custody (Historical Version: 12 September 2008 to 31 May 2014)

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Amendment List:

  • 12 September 2008 Amended Article: 22.04

History:

The Volume I Chapter 22: Military Police And Reports On Persons In Custody replaces this content.

22.01 - OFFICERS AND NON-COMMISSIONED MEMBERS - PEACE OFFICERS

(1) Section 2 of the Criminal Code provides in part that "peace officer" includes:

"(g) officers and non-commissioned members of the Canadian Forces who are

  1. appointed for the purposes of section 156 of the National Defence Act, or
  2. employed on duties that the Governor in Council, in regulations made under the National Defence Act for the purposes of this paragraph, has prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers;"

(2) For the purposes of subparagraph (g)(ii) of the definition of "peace officer" in section 2 of the Criminal Code, it is hereby prescribed that any lawful duties performed as a result of a specific order or established military custom or practice, that are related to any of the following matters are of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers:

  1. the maintenance or restoration of law and order;
  2. the protection of property;
  3. the protection of persons;
  4. the arrest or custody of persons; or
  5. the apprehension of persons who have escaped from lawful custody or confinement.

(3) Without limiting the generality of paragraph (2), it is hereby prescribed that, for the purposes of subparagraph (g)(ii) of the definition of "peace officer" in section 2 of the Criminal Code, duties related to the enforcement of the laws of Canada that are performed as a result of a request from the Solicitor General of Canada, the Commissioner of the Royal Canadian Mounted Police or the Commissioner of Corrections, pursuant to an Act, a regulation, a statutory instrument, or a Memorandum of Understanding between the Solicitor General of Canada and the Minister of National Defence, are duties of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers.

(G)

NOTES

(A) Officers and non-commissioned members appointed for the purposes of section 156 of the National Defence Act and all officers and non-commissioned members while employed on duties described in paragraph (2) of this article are, under paragraph (1) of this article, peace officers.

(B) A peace officer is justified in using as much force as is reasonably necessary for the purpose of doing anything that he is required or authorized to do in the administration or enforcement of the law; but the Criminal Code provides that he is criminally responsible for any excess of force used.

(C) Many sections of the Criminal Code relate to the powers and duties of peace officers and the extent to which they are given legal protection or justification for their acts. Some of those sections (for example, section 32 which provides that a peace officer is justified in using or in ordering the use of as much force as he believes, in good faith and on reasonable grounds, is necessary to suppress a riot and is not excessive having regard to the danger to be apprehended from the continuance of the riot) contain provisions that are of interest to all persons who are peace officers. Other sections (for example, subsection 462(2) which provides in part that a peace officer may seize and detain counterfeit money) will rarely be of concern to officers and non-commissioned members.

(D) It must be noted that members of the Canadian Forces, other than officers and non-commissioned members appointed as military police, are only peace officers where they are performing the duties listed in paragraph (2) of this article "in the course of any military operation, training or administration, either as a result of a specific order or established military custom or practice". Therefore, members cannot assume for themselves the status of peace officers simply by performing such a duty; for example, performing apart from any military operation, training or administration, the duty of a citizen to assist a peace officer in arresting a suspect.
(1 September 1999)

(C) (1 September 1999)

22.02 - POWERS OF OFFICERS AND NON-COMMISSIONED MEMBERS APPOINTED AS MILITARY POLICE

(1) Section 156 of the National Defence Act provides:

"156. Officers and non-commissioned members who are appointed as military police under regulations for the purposes of this section may

  1. detain or arrest without a warrant any person who is subject to the Code of Service Discipline, regardless of the person's rank or status, who has committed, is found committing, is believed on reasonable grounds to be about to commit or to have committed a service offence or who is charged with having committed a service offence; and
  2. exercise such other powers for carrying out the Code of Service Discipline as are prescribed in regulations made by the Governor in Council."

(2) The following persons are appointed for the purposes of section 156 of the National Defence Act:

  1. every officer posted to an established position to be employed on military police duties, and
  2. every person posted to an established military police position and qualified in the military police trade,

provided that such officer or person is in lawful possession of a Military Police Badge and an official Military Police Identification Card.

(G) (P.C. 1999-1305 of 8 July 1999 effective 1 September 1999)

22.03 - RESPONSIBILITIES OF OFFICERS AND NON-COMMISSIONED MEMBERS APPOINTED AS MILITARY POLICE

The responsibilities of officers and non-commissioned members appointed under article 22.02 (Powers of Officers and Non-commissioned Members Appointed as Military Police) are as prescribed by the Chief of the Defence Staff.

(C) (1 September 1999)


22.04 - MILITARY POLICE CREDENTIALS REVIEW BOARD

(1) (Definitions) The definitions in this paragraph apply in this article.

" Code" (code)
means the Military Police Professional Code of Conduct.
" Military Police Credentials" (attestations de police militaire)
means a Military Police badge and an official Military Police Identification Card.

(12 September 2008)

(2) (Interpretation) The provisions of this article shall be interpreted as being in addition to, and not in derogation of, any power, jurisdiction or authority that may be exercised under any Act of Parliament.

(3) (Establishment of Board) There is hereby established a board to be known as the Military Police Credentials Review Board.

(4) The Board consists of the following members:

  1. a Chairperson and two Vice-Chairpersons, each of whom is an officer and a member of the military police, appointed by the Vice-Chief of the Defence Staff, upon the recommendation of the Provost Marshal; and
  2. not more than 22 other members appointed by the Provost Marshal so that, at all times,
    1. one of the members is neither an officer nor a non-commissioned member,
    2. one of the members is an officer but not a member of the military police, and
    3. two of the members are officers and members of the military police.

(5) A member of the Board is to be appointed for a term of two years and is eligible to be re-appointed.

(6) If the Chairperson of the Board is absent or is incapable of exercising their powers or performing their duties or if the office of the Chairperson is vacant, the Vice-Chief of the Defence Staff shall designate a Vice-Chairperson of the Board to exercise the powers and perform the duties and functions of the Chairperson.

(7) (Referral to Board) If the member of the military police responsible for professional standards in the office of the Provost Marshal considers that there has been a breach of this Code by another member of the military police that warrants review, that member shall refer the matter to the Chairperson of the Board.

(8) (Board to review matter) Subject to paragraph (9), the Chairperson of the Board shall assign a Panel consisting of the following members of the Board to review a matter that has been referred under paragraph (7):

  1. a member mentioned in paragraph (4)(a) who shall preside over the review;
  2. a member who is neither an officer nor a non-commissioned member;
  3. a member who is an officer but is not a member of the military police; and
  4. two members who are members of the military police.

(9) If the review concerns the conduct of an officer, the members of the Board assigned to the Panel under subparagraph (8)(d) must be officers.

(10) The Panel shall review any matter referred to it and determine whether there has been a breach of this Code.

(11) The Panel may make any recommendation to the Provost Marshal that it considers appropriate, including, if it determines that a member of the military police has breached the Code, a recommendation that the Provost Marshal:

  1. revoke the Military Police Credentials of the member;
  2. suspend the Military Police Credentials of the member for a period of not more than 180 days, on any terms or conditions that it considers appropriate; or
  3. re-instate the Military Police Credentials of the member, with or without terms or conditions.

(12) The Panel shall give reasons for its recommendations.

(G) (P.C. 2008-1507 of 28 August 2008 effective 12 September 2008)

(22.05: NOT ALLOCATED)

22.06 - GUARD REPORTS

(1) A report shall be made by the officer or non-commissioned member in charge of a guard room, detention room or detention barrack on each person:

  1. placed in his care under custody or to undergo sentence; or
  2. confined in a hospital under escort supplied by the base or other unit or element.

(1 September 1999)

(2) The report required by paragraph (1) shall be made to the commanding officer:

  1. on the day the person is admitted to custody;
  2. on the first day an escort is supplied for a non-commissioned member confined to hospital; and
  3. subsequently,
    1. if the non-commissioned member is not undergoing sentence, daily, or
    2. if the non-commissioned member is undergoing sentence, 48 hours prior to the expected time of release from custody.

(3) Each report shall contain:

  1. the service number, rank, name and unit of the person in custody;
  2. the date on which the person was first received into custody;
  3. the offence with which the person has been charged or for which a sentence has been imposed;
  4. the name of the authority by whose order the person was confined; and
  5. the time yet to be served, if a punishment of detention has been imposed.

(C) (1 September 1999)

(22.07 TO 22.99 INCLUSIVE: NOT ALLOCATED)

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