# 2022-011 Others, Procedural Fairness

Case summary

F&R Date: 2022-09-20

In his three grievances, the grievor alleged that the Canadian Armed Forces (CAF) and the Military Police Complaints Commission (MPCC) had failed in their duty to respect the principles of procedural fairness in his case. 

As redress, the grievor sought recognition that the principles of procedural fairness in his case had not been respected. He also wanted the CAF to take, on his behalf, all necessary measures against the MPCC to ensure that the principles of procedural fairness were applied in his case.

The Committee found that the grievor could not file a grievance regarding the MPCC's public interest investigation process, since the MPCC's responsibilities and actions within its mandate did not constitute a decision, act or omission in the administration of the affairs of the Canadian Forces, as required under subsection 29(1) of the National Defence Act. 

The Committee also found that the CAF had not failed in their duty to uphold the principles of procedural fairness in the grievor's case. 

Finally, the Committee concluded that there was no evidence to support the grievor's allegation that the MPCC had failed to observe the principles of procedural fairness in his case. 

The Committee recommended that the Final Authority not grant the grievor redress.