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Sexual Assault & Sexual Misconduct in the CF

I'm not saying that every investigation is textbook, but don't equate an acquittal or dismissed/stayed charges with a flawed investigation. Most sexual assault cases, by their nature, happen in private and the credibility and evidence of the victim is key. Sometimes the 'beyond a reasonable doubt' principle raises its head.
I am not, I was specifically talking about police dropping the ball (in this case below it was the RCMP).


Its hard enough to get convictions in these cases like you said due to the he said/she said nature of most cases. However thinking cops don’t screw up because they aren’t MPs is also pretty flawed logic. In the case above it fell through because they misplaced a rape kit, a key piece of evidence.

I feel the government and the CAF is making a huge mistake by taking this out of MP hands, especially overseas. If you can’t trust them to investigate crimes, why have them? It isn’t like any other police force will do much better.
 
If you can’t trust them to investigate crimes, why have them? It isn’t like any other police force will do much better.
I agree. It's an easy out for them. Give it to Mikey; problem solved; let's go to D'arcy's. It's the 'military policing itself' argument. Much like they did with civilian agencies to investigate the police and what they are doing with civilian/joint domestic assault response teams.
 
So many always want to make things sound impossible to achieve. There exists far too many gate keepers and not enough action and results oriented leadership. If the powers have decided that MPs are not to investigate SA, and MPs can surely attest to the CAF chain of command interference in MP investigations. Then it's time to find a solution. Doing it half-assed is idiotic. They are either the police, or they are not and someone else is.

I'm saying delete all policing related functions from the MP altogether. Re-purpose the MP trade into a Force Protection unit of the CAF as the operational arm under DGDS, responsible for: garrison/camp/fob/airfield security (to include dog handling), aircraft security officer, close protection, port security, convoy escort, QRF, embassy security.

That is a big enough mandate and it is all related and sorely lacking in the CAF today.

Get someone else to run lidar/radar and respond to domestic violence, SAs, etc. In Canada, civilian police. OUTCAN, it's RCMP. Disciplinary remains a chain of command responsibility.
 
Deploying the RCMP would not be an ‘easy button’. International police deployments are complex and yes, joking about unions aside, absolutely there would be increased costs in deploying civilian police who have a union and collective agreement. It’s by no means insurmountable, it would just cost money.

But if Canada had RCMP overseas right now with CAF, and the Mounties walked in on a CAF member sexually assaulting another CAF member, that would give them no jurisdiction to lay charges. Criminal code sexual assault is not an offense with extraterritorial applicability unless some other provision of law explicitly makes it so.

There will have to be legislative change. Section 7(4) of the Criminal Code already covers extraterritorial reach for Public Service employees:



A similar provision, properly deconflicted with the NDA, could extend sexual assault provisions of the Criminal Code to CAF OUTCAN. That would give civilian police - for simplicity, let’s say RCMP - some jurisdiction to swear an information and initiate a prosecution.

But, other cats that would have to be skinned would be how police could obtain judicial authorizations. Let’s say RCMP are investigating a sexual offense committed in Latvia, and they need a search warrant to search the accused’ barracks, and seize and examine the contents of his phone, plus a production order for the contents of his DWAN email- which court could grant that search warrant, would they have to go through foreign courts, and would that evidence be reliably admissible in Canada? To Supreme Court unfortunately passed up a chance to tackle this last year in McGregor.

Investigation and prosecution isn’t just someone with a badge and a gun who can be pointed in the direction of a suspect. A lot of legal authorities and powers have to get hammered out. Flawed as it is, CFNIS equipped with s.130 NDA at least have most of what they need legally… The results just haven’t been great. But shifting investigation of OUTCAN sex crimes to RCMP and prosecution to civilian courts is a complex question of various jurisdictions and foreign state sovereignty.

Have RCMP appointed to enforce NDA S.130 while on OUTCAN in support of CAF and assume all investigative roles from NIS.
 
I fall on the side of the fence that they are competent police of jurisdiction wherever they are- they should be free to investigate and do their thing. If the optics or chain of command interference keeps them from doing so that’s a problem that needs addressing.

Start a DND police force that is completely apart from the CF like the DND firefighters. Then make the MPs the size needed to do their military functions.

Appoint police officers under some existing legislation or some new one attached to missions. Navigate the finances as needed by having the police officers sign on to a compensation package before they leave.

I still believe the MPs are fine. But this new thing where they want to move sex offences out from them will cause a ripple amongst other offences. I bet domestics are next.
 
I still believe the MPs are fine. But this new thing where they want to move sex offences out from them will cause a ripple amongst other offences. I bet domestics are next.

Or, more likely given the focus of the current administration, thoughtcrimes ;)

Free Speech Loop GIF by xponentialdesign
 
Have RCMP appointed to enforce NDA S.130 while on OUTCAN in support of CAF and assume all investigative roles from NIS.
Asking because I have no idea, is there an existing statutory or regulatory provision that would allow for a simple designation like that? Something like when Ontario gives provincial statute powers to RCMP by appointing them Special Constables?

How do MPs handle judicial authorizations presently for OUTCAN jurisdictions where there isn’t a domestic court and police service that can be relied on (and that will be Charter compliant) as in McGregor? Say you guys had needed to seize and examine a cell phone for, say, a drug trafficking investigation involving forces deployed to Afghanistan or Iraq, or hat would that have looked like?
 
You should see my thoughtcrimes budget. Plus you get these three public servant psychics hooked up to an instrument in your secure bay.
Or, more likely given the focus of the current administration, thoughtcrimes ;)

Free Speech Loop GIF by xponentialdesign
“Precogs” I think they’re called
 
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Asking because I have no idea, is there an existing statutory or regulatory provision that would allow for a simple designation like that? Something like when Ontario gives provincial statute powers to RCMP by appointing them Special Constables?

How do MPs handle judicial authorizations presently for OUTCAN jurisdictions where there isn’t a domestic court and police service that can be relied on (and that will be Charter compliant) as in McGregor? Say you guys had needed to seize and examine a cell phone for, say, a drug trafficking investigation involving forces deployed to Afghanistan or Iraq, or hat would that have looked like?
Not sure on the existing provision to appoint... might need a legislative amendment...

This is from the Third Independent Reviews of the NDA... not sure what is in force now however... but imagine it is some version of the below.

  1. A Commanding Officer‘s (CO) warrant is a valid search warrant unless otherwise authorized by law. If no other authority exists for searching and seizing the item, i.e. consent, incident to arrest, consent, plain view etc, a CO’s warrant shall be used. and can authorize searches of:
    1. quarters under the control of the Canadian Armed Forces (CAF) or the Department of National Defence (DND) and occupied for residential purposes by any person subject to the Code of Service Discipline (CSD) either alone or with that person’s dependents, as well as any locker or storage space located in these quarters and exclusively used by that person or those dependents for personal purposes; and
    2. the personal or moveable property of any person subject to the CSD located in, or about any defence establishment, work for defence or material.
  2. Restriction: A CO warrant shall only be used in those very rare situations where a Criminal Code warrant cannot be obtained due to the unavailability of a civilian judicial authority. MP shall ensure that the use of warrantless search power, i.e. consent search, plain view etc. is not applicable before resorting to a CO search warrant. This injunction will restrict the use of CO search warrants primarily to situations where the item to be searched for and seized lies outside the territorial jurisdiction of Canada. In all other cases, consideration should be given to waiting until a civilian judicial authority is available. Resort to the telewarrant system can also be made where waiting is not practical. Order 2-370.3 provides direction with respect to Criminal Code s. 487.1 telewarrants
 
Not sure on the existing provision to appoint... might need a legislative amendment...

This is from the Third Independent Reviews of the NDA... not sure what is in force now however... but imagine it is some version of the below.

  1. A Commanding Officer‘s (CO) warrant is a valid search warrant unless otherwise authorized by law. If no other authority exists for searching and seizing the item, i.e. consent, incident to arrest, consent, plain view etc, a CO’s warrant shall be used. and can authorize searches of:
    1. quarters under the control of the Canadian Armed Forces (CAF) or the Department of National Defence (DND) and occupied for residential purposes by any person subject to the Code of Service Discipline (CSD) either alone or with that person’s dependents, as well as any locker or storage space located in these quarters and exclusively used by that person or those dependents for personal purposes; and
    2. the personal or moveable property of any person subject to the CSD located in, or about any defence establishment, work for defence or material.
  2. Restriction: A CO warrant shall only be used in those very rare situations where a Criminal Code warrant cannot be obtained due to the unavailability of a civilian judicial authority. MP shall ensure that the use of warrantless search power, i.e. consent search, plain view etc. is not applicable before resorting to a CO search warrant. This injunction will restrict the use of CO search warrants primarily to situations where the item to be searched for and seized lies outside the territorial jurisdiction of Canada. In all other cases, consideration should be given to waiting until a civilian judicial authority is available. Resort to the telewarrant system can also be made where waiting is not practical. Order 2-370.3 provides direction with respect to Criminal Code s. 487.1 telewarrants

Thanks for that. Re CIVPOL cross-appointed for s.130 NDA- could that be prosecuted in civilian courts or does that still not get the matter out from military jurisdiction? My understanding has been that the main effort here is to get crim code sex offences entirely out of the military jurisdiction. I don’t know if CIVPOL with NDA s.130 powers would solve the post-charge portion of this, but I suspect it wouldn’t.
 
Who then? Social workers....who will call police to defuse the situation first?

There's a program here that seems to be working as intended?

'Changing the system': Mental health response team manages crises without police involvement​


Victoria’s peer assisted care team, which pairs a mental health professional with someone who has experience of mental health or substance use challenges, offers an alternative to police when someone is in crisis.

A mental-health crisis team in Victoria that launched in January has fielded more than 500 calls with just a few requiring police assistance.
Funded by the province, Victoria’s peer assisted care team, which pairs a mental health professional with someone who has experienced mental health or substance-use challenges, offers an alternative to police when someone is in crisis.

 
Who then? Social workers....who will call police to defuse the situation first?
Yes and good question. It's the same with mental health and 'well being check' calls. Everybody thinks social and community agencies can defuse and refer better, which they might be able to do . . . sometimes. It's the times when they can't that the advocates don't often talk about.
 
Yes and good question. It's the same with mental health and 'well being check' calls. Everybody thinks social and community agencies can defuse and refer better, which they might be able to do . . . sometimes. It's the times when they can't that the advocates don't often talk about.
Sure, but is this all that different from the existing dynamic for paramedics? They routinely go to calls that can and sometimes do turn in our direction, and by and large have it pretty figured out when they should have us on hand and when not, and how to step back and call for the assist. Sometimes it doesn’t go well and we’re on scene later than we all would have liked. But we’ve probably also both been to calls that probably would have gone better without us there.

A medical-first mental health crisis approach won’t be a one-size-fits-all (and of course I know you’re not suggesting anyone views that way), but it will probably be one of the better tools in the toolbox a lot of the time- and may free us up for other things we’re more suited for.
 
Anything proactive where people are involved before the crisis is welcome. That’s the missing piece. A couple nurses and volunteers ensuring people have access to services and are there early when they “go off their meds” would go a long way to reducing the crisis contacts for police. Which is what we need. Stop letting it turn into a crisis that needs “deescalation”.
 
Sure, but is this all that different from the existing dynamic for paramedics? They routinely go to calls that can and sometimes do turn in our direction, and by and large have it pretty figured out when they should have us on hand and when not, and how to step back and call for the assist. Sometimes it doesn’t go well and we’re on scene later than we all would have liked. But we’ve probably also both been to calls that probably would have gone better without us there.

A medical-first mental health crisis approach won’t be a one-size-fits-all (and of course I know you’re not suggesting anyone views that way), but it will probably be one of the better tools in the toolbox a lot of the time- and may free us up for other things we’re more suited for.
Totally agree, for those calls that come in as medical calls (which cops typically don't roll on anyway), but for those that go directly to law enforcement at the call taker stage, we all know that the working information can range from fairly detailed to yelling and crashing noise in the background. This is something many advocates don't understand; they somehow seem to believe that there is a complete and clear understanding of the nature of the call.

Some areas are piloting joint police-social worker/nurse response teams under a variety of parameters. Some teams are initial responders and some only go in as backup to the initial car. It can have better success in urban areas where the both the 'cop density' and call volume is higher and they can pretty much be dedicated to domestic/disturbance/MH calls. In more rural areas where there are fewer cops and more geography, they run the risk of being tied up on another call because you simply can't justify holding them in abeyance while everybody else takes all the other calls.

From some things I have heard, some teams struggle with the dynamic between the member and civilian worker, because they are now responsible for the safety of the worker if things go really south. So far, I am not aware that any have been through the civilian oversight wringer.

Some advocates call for a response that is completely separate from law enforcement, but don't seem to consider what happens when, in spite of everybody's best efforts, the incident goes sideways and law enforcement is needed, just now with more people involved. Some of those who advocate for this also want to see it extended to domestic violence incidents, which always struck me as odd because it is many of these same groups who want charges laid.

Anything proactive where people are involved before the crisis is welcome. That’s the missing piece. A couple nurses and volunteers ensuring people have access to services and are there early when they “go off their meds” would go a long way to reducing the crisis contacts for police. Which is what we need. Stop letting it turn into a crisis that needs “deescalation”.
Absolutely, and if such a system worked independently of emergency services, then great. They can have their own comms, transport, command and all the other things that go along with running a 24/7 operation.

If such a system were in place and operating effectively, I would be suspicious of how the politicians would respond. Law enforcement would no doubt want to keep the same staffing to do other things, improve response, improve working conditions, etc. while politicians would want to say 'we've reduced your calls by x% so you budget should go the same way.
 
Sure, but is this all that different from the existing dynamic for paramedics?

Depends on the jurisdiction.

Our S.O.P. was,

Delaying Service

4. wait for police assistance if,

a. there is an active shooter scenario, or
b. there is direct evidence of ongoing violence;

5. if electing to Delay Service as per paragraph 4 above, immediately notify CACC/ACS;
 
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