Alright, I can concede that. Do you suppose the VCDS is even privy to CFNIS investigations?
I think anything’s possible, if they want it to be. I mean the other guy said he owned the CFNIS and was untouchable. In that chain of command, I’d be leery.
The VCDS could be privy if the PM decides that he ought to be informed.
On the other hand the "other guy" never "owned" CFNIS. (We only have an allegation he even said that)
Under s18.5 of the NDA:
18.4 The Provost Marshal’s responsibilities include
(a) investigations conducted by any unit or other element under his or her command; ....
General supervision
18.5 (1) The Provost Marshal acts under the general supervision of the Vice Chief of the Defence Staff in respect of the responsibilities described in paragraphs 18.4(a) to (d).
General instructions or guidelines
(2) The Vice Chief of the Defence Staff may issue general instructions or guidelines in writing in respect of the responsibilities described in paragraphs 18.4(a) to (d). The Provost Marshal shall ensure that they are available to the public.
Specific instructions or guidelines
(3) The Vice Chief of the Defence Staff may issue instructions or guidelines in writing in respect of a particular investigation.
Availability to public
(4) The Provost Marshal shall ensure that instructions and guidelines issued under subsection (3) are available to the public.
Exception
(5) Subsection (4) does not apply in respect of an instruction or guideline, or of a part of one, if the Provost Marshal considers that it would not be in the best interests of the administration of justice for the instruction or guideline, or that part of it, to be available to the public.
This is similar to the authority of the JAG with respect to the DMP with one glaring exception. The JAG must provide a copy of every instruction or guideline made under this section to the MND even if withheld from the public under (5).
Essentially there is a high degree of independence in the DMP and PM but not an absolute one and any "interference" if you will needs to be made public. Note in section (5) that the option to withhold such a guideline rests with the PM and NOT with the VCDS.
These are very subtle points which do protect the justice system (both investigative and prosecutorial from command) interference by requiring any directions or guidance to be in writing and made public BUT one would expect many people simply won't see it that way.
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