The Right to Information:
Investigation

Victims have the right, on request, to information about the status and outcome of the investigation into the service offence.


Investigations in the military justice system

When a complaint is made or when there are other reasons to believe that a service offence may have been committed, an investigation must be conducted as soon as practical to determine whether there are sufficient grounds to justify the laying of a charge.

The purposes and objectives of an investigation are to reconstruct events, gather evidence, identify elements of the alleged offence and identify those responsible.

Many actors in the military justice system can be called upon to provide information about an investigation. The Canadian Forces Military Police Group and the Chain of Command can both investigate a matter.

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Canadian Forces Military Police Group

The Canadian Forces Military Police Group (CF MP Gp) offers a separate Victim Services Program (VSP). Actors within the VSP can provide information on:

  • The status of the investigation conducted by the military police, including whether or not it has been decided that a charge will be laid
  • Any arrests or detention arising from the investigation. If the person is subsequently released by a Custody Review Officer or Military Judge, MP can facilitate providing that information to the victim, and a copy of any release document, if requested, may be provided

Via the VSP, follow-up contact with the victim occurs every 30 days at a minimum, or sooner if required, and will coordinate with other military justice system actors about victim’s concerns or requests for information.

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For Victims of Sexual Misconduct

Information for Victims during Disciplinary Process

The Chain of Command (CoC) must ensure that a victim is aware that they can request information about the investigation and of the proper means of requesting such information. The CoC should ensure, as a minimum, that the victim is aware that they may request the following information:

  • The identification of the unit or other element conducting the investigation
  • The status of the investigation
  • The outcome of the investigation, including whether or not charges were laid
  • If charges were laid:
    • The appropriate military or civilian justice system representative to contact regarding the matter
    • If the matter is to be handled by civilian authorities, the CoC should facilitate contact with the appropriate authorities within the best of their ability

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