Annex C: Military Police Investigation Policy

Chapter 6 - Military Police Investigations: General

SCOPE AND APPLICATION

1. Scope. This chapter provides policy and procedures concerning the general conduct of MP investigations.

2. References: The primary reference for Military Police is A-SJ-l oo-004/AG-000. The following texts are the recognized supplementary investigation reference manuals for use by Military Police:

1. Title: Criminal Investigation, Forming Reasonable Grounds. Author. Arcaro, Gino. Publisher. ITP Nelson. ISBN: 0-07-552774-X;
2. Title: Basic Police Powers, Arrest and Search Procedures. Gino Arcaro, ISBN 0-17-622314-2 (3^rd edition);
3. Title: Droit Pénal Général et Pouvoirs Policiers, Droit Penal III, 3^rd edition. Author: Gabias, Blais. Carle Lacoursiere and Lefebvre Publisher: Modulo ISBN: 2-89113-701-9; and
4. Title: Investigative Interviewing. Author: MacKinnon, Gordon P. Publisher: Old Village Press ©1996 (contact direct at 1-905-564-0078) ISBN: 0-9681699-0-2.

3. Where conflict arises between A-SJ-1 00-004/AG-OOO and the above-noted publications, the military publication shall prevail. Detachments are responsible for their own acquisition of supplementary manuals.

POLICY

4. General. The Military Police Investigation Policy is detailed in Annex A.

PRINCIPLES

5. General. The independence of policing is aimed at ensuring the integrity of our judicial system. The purpose and objectives of an investigation are to reconstruct events, gather evidence, identify the elements of the alleged offence, and identify those responsible for it. Each of these purposes must be fulfilled, and each of these objectives must be achieved with integrity and fairness.

6. Requirement. MP conduct investigations and report on criminal and service offences committed, or alleged to have been committed, by any person on, in or in respect of DND Establishments. All investigations conducted by MP must be thorough, complete, and accurate and immediately reported in a SAMPIS. The results will be documented in an MPIR as directed in Chapter 10: Information Management Military Police Reports.

7. Independence of Investigations. MP authority is derived from the NDA and the CC. MP investigation shall not be influenced by the CF chain of command. When exercising MP powers under the NDA, the individual MP member is held personally accountable.

8. Ethical Principles. MP investigations shall be conducted IAW accepted CF Military Police policies and procedures, with particular attention to the following:

1. Military Police shall not accord immunities or undue advantages to any person notwithstanding their rank or position;
2. Investigations and other law enforcement activities must be conducted in such a manner, within the law, that facilitates and supports the Commander's legitimate mission, and reinforces military values;
3. MP shall not attempt to dissuade a complainant from pursuing a complaint, nor will the MP display scepticism about the allegations. MP may attempt to reconcile inconsistencies in a complainant's statement(s) if present, however failure to do so should not prevent the complaint from being pursued; and
4. MP shall investigate complaints without bias or prejudice to any particular individual. Identification and elimination of suspects shall be based on objective evidence and reasonable grounds; and
5. MP investigations are conducted as much as to exonerate individuals as to implicate them. All information gathered, whether inculpatory or exculpatory shall be reported, regardless of the initial, interim or final decisions with respect to culpability or the laying of charges.

9. CFNIS Chain of Command. The CFNIS is an independent unit and its Commanding Officer reports directly to the CFPM.

10. Initiating an Investigation. An MP investigation may be initiated whenever:

1. an MP observes the commission of any criminal or service offence;
2. an MP is in receipt of a complaint originating from any other person in which a criminal or service offence is alleged;
3. at the request of a Commander or Commanding Officer;
4. MP learns of an incident through an informant (ie., local police, a witness, a confidential informant, an anonymous tip, etc.);
5. MP are tasked directly by DPM Police or CFNIS; or
6. an authority in the MP Technical Chain so directs.

INVESTIGATION MANAGEMENT

11. General. Annex B provides procedures and guidelines concerning the management of investigations.

INVESTIGATIVE ASSISTANCE-REQUEST

12. General. A request for assistance is to be used when it is feasible and economical to turn interviews or other investigative tasks over to another investigative MP organization without jeopardizing the integrity of the investigation.

13. Request. MP shall submit a request for assistance either in writing or through SAMPIS. The request shall clearly explain the task required, the sensitivity of the investigation and, where appropriate, the urgency of the request. It must include a point of contact for background information. All requests for assistance, once received, will be generated in SAMPIS and a follow-up will be assigned to the investigator from the receiving Detachment.

CRIMINAL INVESTIGATOR

14. General. Criminal investigators are normally provided as part of MP organizations. Criminal investigators will conduct those more complex investigations that cannot be solved by patrol personnel in the course of their duties. This frees patrol personnel to fulfil their force protection and preventive policing duties.

15. Selection. Personnel assigned to a criminal investigation section should be carefully setected based on their investigative and report writing skills. Additional training is essential, and may include specialty training. Although rotation through an investigation subsection is a valuable way to develop and train MP, such rotations must be managed so as to ensure an acceptable level of experience and specialist training is maintained.

16. Dress. MP employed on investigations may wear CF or civilian clothes as appropriate, and the standards of personal appearance may be adjusted to meet investigative social conditions. Enhanced monthly civilian clothing allowance is available to MP members employed on a full-time basis as criminal investigators.

17. Carrying Small Arms. MP, while lawfully employed on law enforcement duties, will normally carry, wear, or have available CF-approved SA. Personal or non-approved weapons will not be employed or carried by MP.

INVESTIGATIVE OBJECTIVES

18. General. MP investigations will seek all relevant evidence. Investigators may inquire about the following only when absolutely necessary to establish an element of an alleged service or criminal offence:

1. job compelence;
2. interpersonal relationships;
3. sexual activities;
4. religious beliefs; or
5. personal popularity.

SCOPE OF INVESTIGATIONS

19. Authority. Military Police may determine the scope, direction, and disposition of any investigation if they are:

1. a superior or a supervisor in the MP technical chain;
2. familiar with the material facts of the investigation;
3. able to communicate the reasons for their decision in terms of:
   1. solvability factors, including whether:
      1. there are any witnesses;
      2. suspects have been described, located, or identified;
      3. stolen property is traceable or identifiable;
      4. physical evidence is available; and
      5. a distinguishable Modus Operandi is present;
   2. relative seriousness of the alleged offence;
   3. resource limitations;
   4. evidentiary thresholds; and
   5. the public/military interest.

STATUS OF MPIR

20. Authority. In using SAMPIS, there are 4 ways to identify the status of an MPIR:

1. Awaiting RMP review. This title is used when a file is sent to the RMP or crown attorney's office for judicial review;
2. On Going. Once an allegation has been entered into SAMPIS, (after the creation of a CAD), and investigative activities are present, this title will be used;
3. Suspended. When an investigation reveals a complaint was trivial, frivolous, vexatious, or made in bad faith, the local Senior MP Advisor may direct the investigation be suspended. In addition, for a multitude of reasons, such all avenues of investigation have been exhausted, CF operational factors, resource technology limitations; it may be impractical to continue an investigation. Under these circumstances, the investigation may be suspended. A decision to suspend an investigation for any of these reasons must be recorded in writing, signed, and scanned into SAMPIS. Appropriate rationale must be included; and
4. Concluded. MP investigations will normally be concluded when the case is resolved. MP investigations are concluded on the authority of the case manager.

21. All investigations may be reviewed, as required, by HQ PM or CFPM staff. This is to ensure the investigative steps have been appropriately conducted and documented. If necessary, the investigation shall be ordered to be reopened, and the allocation of new investigation resources couid be provided. Investigations, which are not re-opened, shall be shown as concluded or suspended on SAMPIS.

CANADIAN FORCES NATIONAL INVESTIGATION SERVICE

22. General. The CF National Investigation Service (CFNIS) provides DND and the CF an efficient, accountable, and independent organization for criminal/service investigation services in Canada and abroad, in support of the military justice system. Certain offences and incidents shall be investigated and reported on by the CFNIS. MP detachments may request CFNIS assistance in technical and/or specialized support for an investigation that they are conducting.

23. Chain of Command. The CFNIS is an independent unit and its Commanding Officer reports directly to the CFPM. The CFNIS is organized in seven detachments, each commanded by an Officer Commanding (OC). Each OC is responsible lor the operation and administration of their respective detachment.

24. Mandate. The CFNIS exists 10 investigate serious and/or sensitive service and criminal offences against persons, property, and the department. The CFNIS shall investigate all complaints of offences occurring with the Military Police mandate that are serious or sensitive. A serious or sensitive investigation is one which, by the nature of the allegation, or through those who are, or may be implicated, could have a strategic or national impact. Strict dollar values, ranks or specific offences are not the main criteria to be considered. Investigations that have the potential to reach across provincial or national boundaries, or which involve elements of more than one CF command may be considered serious, even if the allegations themselves are not inherently serious or sensitive. The CFNIS will decide in the first instance which investigations will be assumed by them, and may do so at any time during the conduct of an investigation. However, it is expected that this decision will normally take place within 48 hours of an incident investigation being reported in SAMPIS. If for any reason the assumption of an investigation by the CFNIS proves problematic for a Provost Marshal/Sr MP Advisor, the matter should be addressed and resolved belween that office and the CFNIS chain of command. Issues not resolved by the CO CFNIS and the Provost Marshal concerned will be forwarded to the CFPM for a final decision.

25. Case Transler. Annex C outlines investigative handover protocol to be used when the CFNIS assumes responsibility for an investigation.

SPECIAL TV SERVICES

26. General. MP are not expected to be experts in all investigative fields. Assistance from external and internal specialists may be necessary and is encouraged. As such, assistance may be required from specialist(s) to gain further knowledge regarding specific facets of an investigation. The advantage of utilizing a specialist is to achieve successful investigative results and to obtain credible evidence that will help focus an investigation and enable successful prosecution.

27. Requirements. As a minimum, the following factors should be considered when deciding to obtain a speciality service from within or external to DND:

1. which is more cost effective;
2. urgency (time) of the specialty service required;
3. availability of equipment and personnel;
4. priority of the investigation;
5. necessity; and
6. currency/competency of the person(s) holding the specialist qualification.

28. Provisions. DPM RM maintains a list of which DND specialty services are available and the process to acquire these. These services may include forensic identification, polygraph, statement analysis, criminal intelligence analysis, arson investigators, information technology crime investigator, forensic accounting, vehicle accident reconstruction, and advance mobile and static surveiliance. DPM RM should be advised when an MP member acquires an accredited specialty course. In addition, MP organizations are to familiarize themselves with the speciality services provided by federal, provincial, or municipal police services and which may be available to MP.

REQUEST TO CIVILIAN POLICE FOR ASSISTANCE

29. General. From time to time during the course of MP investigations, the assistance of civilian police agencies may be required in some cases. When civil police are called or requested, it must be remembered that a harmonious working relationship will benefit both organizations.

30. Arrest. In cases where a criminal offence has been committed on, in or with respect of DND property, and evidence gathered leads to a possible arrest outside a Defence Establishment, the MP will contact the civilian police having primary jurisdiction and request them to accompany the investigator to effect the arrest.

31. Serving Legal Documents. In cases where legal documents (i.e., summons or subpoena) are being served outside a Defence Establishment, it would be appropriate to advise civilian police of the matter. When executing a warrant (ie., arrest or search) outside a Defence Establishment, civilian police shall be advised and their attendance requested.

32. Investigative Practices. When the law and good police practices permit, investigations and other law enforcement activities will be conducted in a manner that:

1. facilitates the commander's mission;
2. reinforces military values; and
3. is least intrusive.

REPORTING

33. General. An MPIR is used to convey the findings of an investigation that:

1. was a fact-finding process intended to obtain all information necessary and relevant to establishing the facts and/or elements of the offence of any matter; and
2. should continue until a clear comprehensive, and accurate report of all findings can be presented to the appropriate authorities.

SUPERVISORY RESPONSIBILITY

34. All Military Police reports shall be subjected to rigorous review by the appropriate MP supervisors who have a positive obligation to ensure completion and accuracy of both the reports and the investigations they represent. 100% verification of accuracy is the responsibility at both the Detachment and HQ PM level. DPM Police personnel will conduct random spot checks to ensure conformity.

ATTENDANCE AND TESTIMONY AT TRIALS

35. General. MP shall conduct themselves lAW the instructions of the prosecuting authorities. The findings reached by tribunals are based on the evidence presented which may include a substantial amount of testimony by MP. All findings and related court dispositions will be recorded in SAMPIS.

36. Preparation. The following guidelines must be adhered to:

1. confirm the prosecution authority is satisfied with the case preparation;
2. ensure all exhibits are properly labelled and registered into the property Sub-system of SAMPIS; and
3. ensure dress and deportment meets court requirements.

37 Testimony. When giving testimony, MP shall:

1. be candid about any actions taken;
2. be honest, impersonal, objective, factual, precise, and courteous;
3. listen to the question, ensure it is understood, and then reply concisely without hesitation. Ask for clarification if necessary;
4. avoid using unknown or confusing police and military terms and abbreviations;
5. avoid humorous, insulting, and contentious comments; and
6. provide answers directly to the judge.

ANNEX A

MILITARY POLICE INVESTIGATIONS: INVESTIGATION POLICY

APPENDIX 1

PROTOCOL FOR A BRIEFING

APPENDIX 2

INFORMATION PURSUANT TO THE YOUTH CRIMINAL JUSTICE ACT

ANNEX B

MILITARY POLICE INVESTIGATION: INVESTIGATION MANAGEMENT

ANNEX C

CFNIS

Chapter 6 Annex A - Military Police Investigations: Investigation Policy

BACKGROUND

1. General. Military Police are authorized to conduct criminal or service offence investigations in accordance with the guidelines detailed in this investigative policy. The Canadian Forces National Investigative Service (CFNIS) is to provide to the Department of National Defence and the Canadian Forces an efficient, accountable, and independent service/criminal investigation service in Canada and abroad in support of the military and civilian justice systems. The CFNIS, in support of this mandate, shall investigate incidents when appropriately requested, initiate investigations, and assume control of other investigations as directed by the CFPM. The CFNIS will work with local Military Police members to provide the Department of National Defence and the Canadian Forces with the required investigative support.

2. Aim. The aim of this directive is to set out policy and provide direction to the Department of National Delence and the Canadian Forces concerning the responsibilities for the conduct of Military Police investigations.

POLICY STATEMENT

3. The responsibilities to conduct Military Police investigations at Base Wing levels and the CFNIS will be assigned in accordance with the direction at paragraph 24 of chapter 6 and expanded upon herein.

DEFINITIONS

Service Offence

4. An offence under the National Defence Act, the Criminal Code or any other Act of Parliament committed by a person subject to the Code of Service Discipline. It may also include an offence under foreign law if committed in the place where the law is applicable by a person subject to the Code of Service Discipline.

Criminal Offence

5. An offence under the Criminal Code or any other Act of Parliament creating such offences, committed by any person.

Investigation

6. A planned and organized determination of facts concerning events, occurrences or conditions for a particular purpose.

7. Inter-Unit Cooperation. Whenever practicable, CFNIS investigators may involve local MP in the conduct of investigations. These investigative initiatives could involve illicit drug activity, sexual related offences, including sexual assault and fraudulent activity. This practice will assist in the development of local expertise, resulting in strong investigative partnerships being established. It is important to note the CFNIS investigators are specifically responsible for the conduct of each of their investigations and will initiate charges when warranted.

Triggering Mechanisms

8. If the CFNIS decides to assume an investigation, this will normally be initiated as soon as an MPUIR is created in SAMPIS. The following incidents necessitate the creation of an MPUIR:

1. all incidents which could be of special and immediate interest to Area, Command, or National Headquarters;
2. all cases of MP pointing or discharging a weapon;
3. all death incidents involving DND/CF personnel or which occur on, or are connected to a DND establishment whether it is a shadow file or not;
4. cases of criminal negligence;
5. reports of Sexual Assault;
6. thefts or loss of weapons, ammunition or explosive owned by DND;
7. fraud of a significant amount, (over $ 10,000); and
8. all drug investigations; and
9. all allegations of misconduct against Military Police members; When creating an MPUIR, the appropriate MP authority will notify the affected CFNIS Regional Duty Officer, so they can make the decision to assume the investigation, if appropriate, at the earliest opportunity. Incidents with perishable, extant crime scenes require the most expeditious information passage.

9. When an allegation or an incident is made directly to CFNIS or if CFNIS learns of an incident through an inlormant (local police, witness, confidential informant, anonymous tip), this incident must be reported to local base wing MP Detachments.

Discretionary Powers

10. Initial Case Evaluation. While all complaints that an offence has been committed musl be dealt with appropriately and expeditiously, this does not mean all complaints can or should be investigated in a standard manner. The Military Police, similar to other police forces, must conduct an initial evaluation of the complaint. In the event a Sr MP advisor or CFNIS Regional Commander assesses a complaint as trivial, frivolous, vexatious, or made in bad faith, it may be directed that no further investigation be made, or an investigation be ended. The definition of trivial, frivolous, vexatious, and bad faith complaints are:

1. trivial - the complaint is of no consequence;
2. frivolous - the complaint is devoid of substance or unsubstantiated;
3. vexatious - the complaint is one of a number of unsubstantiated complaints from the same person, all of which share a common theme; or
4. made in bad faith - the complaint is made dishonestly for an improper purpose.

All information concerning the complaint will be documented in MP Notebooks and SAMPIS, including the rationale for suspending the investigation.

RESPONSIBILITY TO INFORM COMMANDERS

11. Generally, commanders have the operational need to know who in their command is under investigation. To ensure commanders are appropriately advised of MP investigations:

1. the local MP Advisor and/or the CFNIS Detachment commander will determine, in consultation with the CO, the appropriate briefing protocol. Established CFNIS protocols will be in writing to ensure the commander is briefed as agreed upon;
2. the local MP Advisor, in consultation with the commander, should be prepared to advise the CFNIS on the operational concerns of the commander; and
3. the local MP Advisor should have a good appreciation of their commander's operational mandate in order to easily identify the operational impact of various investigations.

12. Commander's Responsibilities. Commanders must at the same time exercise caution to avoid both the reality and the appearance of inappropriate involvement in an ongoing investigation that could endanger the proper conduct of the investigation and/or the reputation of the commander. To minimise the potential difficulties, commanders requiring more detailed information regarding an investigation should seek legal advice from their legal officer before requesting a briefing from MP/CFNIS personnel.

13. An example of the information commanders require and can expect to receive would be that a financial officer under their command is being investigated for fraud and the investigation is anticipated to take another two months to complete. This would put the commander in a position to properly assess if such a person should be deployed to an operational setting where they would be handling large amounts of cash or whether some other finance officer should be deployed or whether the person under investigation should be suspended from duty, if that action would not jeopardise the investigation.

14. Information Not Required. An example of information a commander would not normally require would be when a search warrant was to be executed or in what order witnesses would be interviewed. Such decisions are made by those with carriage of the investigation, and the knowledge of such details carries a risk of inadvertent disclosure to the wrong parties that could endanger the investigation and/or the reputation of the commander.

Local Senior MP Advisors Information Passage To Commanders

15. As a minimum, relevant GO/CAD entry information of applicable significance, as well as incidents which will require further MP reporting, should be briefed to commanders. A Military Police Occurrence Notice (MPON) or similar format should be used. Verbal briefings may suffice depending on the severity of the information and the briefing protocol established with respective commanders.

Format for the Protocol Briefing on Information from MP Investigation

16. A formal Protocol Briefing on Information from MP Investigation is a useful mechanism to ensure consistency of information passage and to promote cooperation and reasonable expectations of Commanders. A sample briefing protocol is attached as Appendix 1.

SAMPIS Implications

17. The introduction of SAMPIS to MP Detachments is predicated, to some degree, on the concept of one incident, one report. That is to say that applicable authorities are notified of an incident as soon as practicable after the information comes to light. It is possible, however, that Commanders may receive only one formal report once the investigation is concluded. There remains however, the responsibility of local Senior MP Advisors to ensure authorities are kept informed of the relevant ongoing aspects of an investigation. This may take the form of verbal briefing(s) or other locally developed report formats. At no time is information from SAMPIS to be distributed electronically on any other IT system.

Young Person Information

18. The passage of information specific to young persons must be made judiciously, IAW the Youth Criminal Justice Act, (YCJA). Appendix 2 is guidance received from the JAG Branch in this regard.

OPERATIONAL INVESTIGATIVE SUPPORT

International Operations

19. General. When deployed as part of a Task Force (TF)/Canadian Contingent, CFNIS personnel will remain under command of the CO CFNIS. CFNIS personnel on deployment shall:

1. remain under command of the CO CFNIS at all times;
2. normally keep the TF/contingent commander informed of their investigations. To ensure an appropriate flow of communications, a written CFNIS briefing protocol will be established with the contingent commander. This protocol will determine the mechanism for CFNIS briefings to the commander and the Provost Marshal; and
3. conduct investigations in full compliance with MP standards while recognizing the need to minimize the impact on the operational effectiveness is considered essential. Advice from the TF/contingent Provost Marshal must be sought on this matter.

20. 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.

21. CFNIS Responsibilities. CFNIS personnel who are deployed into an operational theatre to conduct specific investigations will:

1. advise CFNIS HO of any problems concerning operational effectiveness, who, in turn, will attempt to find an acceptable solution;
2. in the event that a workable solution cannot be identified from CFNIS HO, the CFPM will communicate with the TF/contingent commander on the matter; and
3. conduct the investigation in full compliance with investigative policy, but remain sensitive to the need to minimise the impact on operations.

INTERACTION WITH PROSECUTORS

23. General. MP will work closely with the appropriate prosecutor to provide an integrated approach to investigations that will result in increased efficiency. MP will:

1. ascertain what investigative information, reports, and briefings the prosecutor requires;
2. provide the prosecutor access to evidence when requested; and
3. routinely seek advice from the prosecutor on investigations and related legal matters.

LAYING OF CHARGES - NDA

24. Authority. IAW QR&O 107.02(c), members of the Military Police assigned to investigative duties within the CFNIS are authorized to lay charges.

25. If charges are appropriate, the CFNIS will lay any charges resulting from investigations conducted by the CFNIS.

26. Consultation. CFNIS members, before laying charges, shall consult with and obtain the opinion of their assigned RMP. In those rare situations where there is any disagreement regarding the laying of charges, the matter will be referred up both the CFNIS and prosecution chains of command for resolution. Ultimately, the CO CFNIS will decide whether or not to lay a charge if the resolution process fails.

Chapter 6 Annex B - Military Police Investigation: Investigation Management

SCOPE AND APPLICATION

1. General. This Annex concerns the management of investigations. It does not address investigative or forensic procedures: these are contained in the Criminal Investigation Reference Manuals.

PROCEDURES CASE SCREENING

2. Responsibility. MP must conduct an initial evaluation of the complaint. If the local Senior MP Advisor assesses a complaint as trivial, frivolous, vexatious, or made in bad faith, the local Senior MP Advisor may direct no further investigation be made or an investigation be ended. A decision not to pursue an investigation or to end the investigation of a formal complaint must be recorded in writing, signed, and scanned into SAMPIS. The rationale must be included in the record and the complainant appropriately informed.

3. Management. Senior MP Advisors should be familiar with the basic premise of each ongoing investigation. In serious cases a written evaluation based on solvability factors should be considered to determine the investigative effort to be used. The purpose of the evaluation is to prioritize cases, and the evaluation should include the following facts:

1. the seriousness of the offence;
2. the factors present:
   1. were there any witnesses to the offence;
   2. identifiable suspect vehicle;
   3. suspect leads;
   4. physical evidence available;
   5. traceable property involved; and
   6. distinctive method of operation;
3. in addition, the following criteria may be used to screen cases for follow-up investigation:
   1. past experience in handling similar cases; and
   2. any research/crime analysis/analytical information available;
4. the investigative effort may continue as long as it is reasonable to do so on the aforementioned basis. However, if none of the solvability factors are present, it may be suspended and annotated as such in SAMPIS.

RESPONSIBILITY OF INVESTIGATORS

4. Responsibility. MP are individually responsible for the quality of investigation into cases referred to them, and for the preparation of investigation reports.

RESPONSE TO INVESTIGATION REQUEST

5. Preliminary Investigation. Upon receipt of a case to be investigated, the MP will first analyze the occurrence, then interview the complainant, witnesses, and the suspect, if identified. This process can often produce additional valuable information, i.e., other witnesses, or possible contacts of persons in the area of the crime known to the individuals interviewed or interrogated. Another means to develop additional information is the exchange of crime information with other law enforcement agencies to ascertain if other departments are investigating similar crimes that could produce suspects. MP are to conduct preliminary investigations at all incidents they are dispatched to. The senior MP supervisor will determine which, if any, investigation assistance is needed and will make the necessary calls through the Senior MP Advisor for support.

6. Investigation Plan. The documentation of an investigation plan will assist the investigator and the chain of command in the identification and allocation of time and resources. An investigation plan will be completed for each investigation and will be produced prior to any investigation activity. This investigation plan will be reviewed by the supervisor. The following key elements constitute an investigation plan:

1. Synopsis. A brief description of the information known to-date. Includes dates, times, an estimate of the types of offences, and the elements of each offence that need to be focused on during the investigation (refer to consultation with JAG/Crown during the development of this portion of the plan);
2. Interviews. Identity personnel who may be interviewed during the course of the investigation;
3. Plan. List the investigative steps in the order it is anticipated they will be carried out;
4. Resources. Identify the anticipated resources required for the investigation; and
5. Other. Jurisdictional issues or any other issues that need to be considered at this point.

7. Investigation. After conducting the preliminary investigation and preparing the Investigation plan, MP should now conduct the investigation. These investigations should include, but not be limited to the following:

1. identifying and apprehending the offender;
2. collecting, preserving, and evaluating evidence;
3. recovering stolen property;
4. interviewing victims, witnesses, and suspects;
5. determining in detail the exact circumstances of the offence;
6. determining if the suspect may have committed other crimes;
7. reporting information obtained; and
8. where warranted, laying appropriate charges.

8. Subsequent Contacts. MP, when practicable, will make a second contact of complainants and witnesses several days after the initial contact. This lapse of several days may result in their remembering additional information, which might lead to solving the case. In making such contacts, the investigator should recognize the value it has in building public confidence in the MP organization, as well as indicating the organization's genuine concern for the victim and other citizens associated with the case.

9. Background Investigations. In addition to the criminal activity already being investigated in the course of criminal investigation, the MP will frequently need to conduct a background investigation of persons involved. MP will conduct background investigations of persons only rapport in correlation with an on-going criminal investigation. Information from the background investigation can lead to physical evidence and circumstantial evidence, which can be used against the person being investigated. This background investigation can also provide information essential in obtaining a search warrant; alternately, it can lead to other individuals connected to the criminal activity, or additional witnesses and intelligence information. Depending upon the type of criminal activity being investigated, various sources of information in conducting background investigations are available. The following is intended as a guideline, and not a comprehensive list of information sources (search warrants may be required for some of the following):

1. CPIC;
2. financial institutions;
3. business associates;
4. past and/or present employment records;
5. other law enforcement agencies;
6. informants;
7. intelligence reports;
8. criminal histories;
9. utility companies;
10. records; and
11. licensing records.

10. Background Investigation-Reporting. All information gained from a background investigation will be incorporated into a report that will become part of the case file and will be reviewed by the investigator's supervisor. All reports will be entered into the SAMPIS GO.

11. Investigative Phases. Complex investigations typically follow five discernible phases:

1. Phase 1 - establish that an offence was committed;
2. Phase 2 - identify the person(s) who committed the offence;
3. Phase 3 - establish a prima facie case including the collection of evidence, conducting interviews etc;
4. Phase 4 - prepare the case for adjudication; and
5. Phase 5 - present evidence.

INVESTIGATION MANAGEMENT

12. General. With the advances in crime scene technology and other legal and resource management issues emanating from an investigation, it is paramount guidelines be established to identify an investigative framework to support a successful investigation. Usually, the investigation support section or dedicated investigators fill the following roles:

1. case manager;
2. file manager;
3. primary investigator and investigators; and
4. specialty support.

13. Concept. The investigation section or organization is established through the approved unit establishment, and the Senior MP Advisor ensures efficient and consistent procedures are used and all available resources maximized. The function of the investigation team should consist of:

1. Case Manager. MP assigned by the Senior MP Advisor to head the overall criminal investigation. This usually includes: direction, correlation of data, assessment of resource/equipment needs, reporting and maintaining information flow, coordination of specialty support requirements, and the management of the investigation team members in consultation with the primary investigator. They should possess strong management skills, a thorough understanding of investigative standards and practices, and familiarity with the context in which the investigation is being conducted;
2. File Manager. MP assigned to maintain control of the file itself, including data entry, and file maintenance;
3. Primary Investigator/Investigators. MP assigned to control and direct every facet of the investigation, including interviews, inquiries, following up on tips, etc. Responsible for the collection, evidence is IAW the Case Manager's strategy and collection plan;
4. Specially Support. On request from the Case Manager, the investigation team may be provided with:
   1. additional human resources;
   2. forensic and identification assistance;
   3. specialized support such as: finance, logistic, specialists, coroner, polygraph, surveillance, and electronic interception resources; and
   4. Media relations.

VICTIM/WITNESS MANAGEMENT

14. Maintaining Contact. After the investigation is conducted, it is incumbent upon the investigator to maintain contact with the victim/witness. Effective victim/witness management includes keeping the witness informed of the case status, press releases, bail conditions, court dates, final disposition, etc.

HANDOVER OF INVESTIGATION

15. Deployed units. When disciplinary actions associated with a theatre initiated investigation are not all completed in theatre, the responsibility for dealing with Ihe follow-up disciplinary aclion falls 10 the concerned ECS, once the unit re-deploys back to Canada. If it appears that either the investigation will not be completed before the unit returns home or, although the investigation may be completed, the administrative disciplinary follow-up action will not be completed by the time the unit leaves the theatre, it is critical to relay all the pertinent detailed information on the particular MPICFI General Occurrence to the concerned ECS Provost Marshal, at the earliest possibility, before the individual's unit returns to Canada.

Chapter 6 Annex C - Canadian Forces National Investigation Service

1. General. The following paragraphs outline procedures governing the CFNIS.

2. Conduct. When conducting an investigation, the CFNIS shall report through the Senior Military Police Advisor to the appropriate commander of the base, station, or detachment, and state in general terms the nature of the investigation.

3. CFNIS Duly Investigation Co-ordinator. All CFNIS Regions provide 2417 - duty investigator support for the mandatory category of investigations which require an MPUIR. Once informed that an incident requiring an MPUIR has occurred, the CFNIS chain of command will decide to assume the investigation or not.

4. Investigation Handover Protocol. Once the CFNIS has decided to assume a file, the following steps shall be taken:

1. until the arrival of the duty CFNIS investigator, the local Senior MP Advisor shall provide initial investigation support, which as a minimum includes:
   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.
2. the duty investigation co-ordinater will provide the local Senior MP Advisor with time of arrival of the investigation team and appropriate contact numbers; and
3. the CFNIS investigator responsible shall complete a text box within SAMPIS acknowledging that the CFNIS is assuming responsibility of the investigation.