Complaints/ Investigation

[Mediman14]

Does any one know which pubs explain the "complaint process"?

 

[ModlrMike]

It depends on what you want to complain about. Do you mean to submit a Redress of Grievance?

Start with DAOD 2017-0 and 2017-1. That being said, one should attempt to resolve issues at the lowest level. I trust you have already spoken to your chain of command.

 

[Mediman14]

Putting a complaint against another military member? If an investigation is launched, what are the rights of the accused? I'm having trouble finding the info in the pubs.

 

[PMedMoe]

Check with your Unit Harassment Advisor.  Even if it isn't harassment, they may be able to point you in the right direction.

 

[ModlrMike]

PM inbound.

 

[AmmoTech90]

Your rights don't change.  You don't have to say anything and can get a lawyer.

The accused and anyone else that the investigator thinks appropriate, gets a caution before being interviewed.  If the accused is interviewed under caution the results of the investigation would probably be viewed as less than reliable.  You can also request that someone else be there, but I believe if that someone is not a lawyer your request does not have be honoured (I may be wrong on this, I'll let FJAG correct me if so).  Personally I would always have a third party in the room when conducting a cautioned interview for a unit disciplinary investigation.

The JAG site has good resources on investigations, summary trial (which includes info on investigations).
http://www.forces.gc.ca/en/about-reports-pubs-military-law-summary-trial-level/ch-5-investigation-search-seizure-inspection-powers.page

Edit: A complaint does not necessarily mean harassment, it can be a disciplinary complaint which would result in a DI, either by MPs, NIS or unit.
QR&O 106.02 - INVESTIGATION BEFORE CHARGE LAID

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

(2) Any complaint that is frivolous or vexatious need not be investigated.

 

[Old EO Tech]

Yes to comment intelligently we really need more details on whether this is a disciplinary investigation or a workplace harassment situation, there are well laid out processes for both, but very different ones.

 

[George Wallace]

Putting a complaint against another military member? If an investigation is launched, what are the rights of the accused? I'm having trouble finding the info in the pubs.

Talk to your Unit Harassment Advisor, as suggested.  The accused is to be fully informed of what they are being accused of.  All information is to be given to both sides, and the CO will be informed on all matters.  When an Harassment complaint is laid, it goes directly to the CO immediately.

 

[ModlrMike]

General Info:

QR&O Chapter 21 Summany Investigations and BOI
DAOD 7002 series

Harassment

DAOD 5012

At the end of the day, if a complaint has been made about you, you have a right to be informed of the substance of the complaint. You do not have a right to know the complainant nor to review the evidence until the investigation is complete.

 

[RADOPSIGOPACCISOP]

Have acted in the DI role and as a witness for interviews.

Having seen everything from one side, my best advice to anyone on the other that stands to be interviewed on anything that relates to anything they could be accused of an offence for is to answer no questions. When they ask you if you understand your rights, request to speak to AJAG to get better clarification.
When they break out that little interview sheet, refuse to say anything else without AJAG to advise.

It's cliche, but nothing you say will likely put you in a better legal standpoint than saying nothing at all. Don't even repeat anything you said previously.

 

[Journeyman]

Don't even repeat anything you said previously.

Perhaps the lesson to be taken is...

...if a person is afraid to repeat something said about someone without a lawyer present, maybe avoid being the unit's gossipy bitch and not saying it the first time? 

Just sayin'   

 

[DAA]

Does any one know which pubs explain the "complaint process"?

As mentioned previously, it all depends on just what category the "complaint" falls into?  (ie; Harassment, Sexual Harassment, Racism, etc, etc)

Your best option, would be to consult with one of your local WRA's (Workplace Relations Advisors) and there should be many of them available or if necessary, the supporting DRC (Dispute Resolution Centre).

 

[Hunter]

At the end of the day, if a complaint has been made about you, you have a right to be informed of the substance of the complaint. You do not have a right to know the complainant nor to review the evidence until the investigation is complete.

A couple of somewhat tangential questions -

If such an investigation was completed and the investigation closed with no further action, does the respondent then have the right to know the complainant and review the evidence?

Is there a requirement for the unit or investigating body to keep the material related to the investigation and findings for any period of time?

 

[DAA]

A couple of somewhat tangential questions -
If such an investigation was completed and the investigation closed with no further action, does the respondent then have the right to know the complainant and review the evidence?
Is there a requirement for the unit or investigating body to keep the material related to the investigation and findings for any period of time?

I saw a somewhat similar situation not too long ago.  Someone laid a complaint against a member of our unit but the member was never informed or provided with any information as to just what the complaint was about, merely that someone had made some sort of complaint.

He let the process run it course, was never contacted or interviewed and the end result was that nothing ever came of it.  A simple ATI Request on his part resulted in him receiving copies of everything, including email traffic. 

 

[George Wallace]

Here.  READ them yourselves.

DAOD 5012-0, Harassment Prevention and Resolution

Harassment Prevention And Resolution Guidelines

In the Harassment Prevention and Resolution Guidelines, read Part 5 and Part 7 Significant Issues, 7.1 Disclosure.

7.1 Disclosure

One vital component to the successful resolution of any harassment complaint is the
disclosure of information to both parties during the resolution process. To respect
the requirements of the Privacy Act and the Access to Information Act, and the
requirement that the process be fair to all the parties, the following general
principles guide the release of information:

a. personal information about third parties as defined in Section 3 of the
Privacy Act is to be severed;

b. individuals have a right to their own personal information (note that the
view of one person about another person becomes the personal
information of the latter, not the former);

c. individuals referred to in a report have the right to know what has been
said about them, and by whom; unless the disclosure is reasonably
believed to imperil the safety of the individual concerned, as indicated in
Section 25 of the Privacy Act;

d. the Complainant and Respondent have a right to see the Draft and Final
Reports except for personal information about third parties or about one
another, if the personal information is not directly related to the
complaint;

e. third parties have a right to see their own personal information in a
report;

f. the names of witnesses who were interviewed are not to be severed,
unless the disclosure is reasonably believed to imperil the safety of the
individual concerned, as indicated in Section 25 of the Privacy Act;

g. any written documentation held by a NPF Personnel member involved in
a harassment complaint as part of their duties, in relation to that
complaint, may be called for under the Access to Information Act but
would be severed appropriately if considered suitable for release; and

h. the following information, severed in accordance with the
aforementioned principles, is released:

    (1) the Complainant’s allegations are forwarded to the Respondent by the RO,

    (2) the HI’s terms of reference, immediately upon approval by the RO, will be forwarded by the RO to the Respondent and the
          Complainant,

    (3) the HI’s Draft Report, immediately upon completion, will be forwarded by the HI to the RO. Once the RO is satisfied that the
          investigation conforms to the Terms of Reference, the Draft Report shall be forwarded to the Complainant and Respondent, after the
          completion of any severance required by the Access to Information Act and Privacy Act,

    (4) the HI’s Final Report, immediately upon completion, will be forwarded to the RO. The RO will forward it to the Complainant and
          the Respondent after the RO’s decision-making has been completed,
          and

    (5) when harassment has been found, subject to the provisions of the Access to Information Act and the Privacy Act, the RO may disclose
          to the Complainant the nature of any disciplinary or administrative action taken against an individual as a result of the decision, if the
          RO makes a determination that it is both appropriate and necessary to achieve closure.

 

[Eye In The Sky]

A good reference is A-LG-007-000/AF-010 - CF Military Administrative Law Manual. 

- Chap 2, Section's 2-4 speak to Notice, Right to make representation, Disclosure and other related subjects. 
- Chap 3 discusses the 4 types of AI's most often used in the CAF (informal, summary, harassment and BOIs).

I can't agree with the "you do not have a right to know the complainant or to review the evidence until the investigation is complete" for a harassment complaint (or any other type that may have adverse effects for a mbr).  That isn't correct; you have a right to disclosure and a right to representation.  How can you do either of those if you don't know who said what? You can't.  The right to these things have been supported by SCC rulings that relate specifically to the CAF, ref'd in the CF Mil Admin Law Manual.

Without checking to be 100% certain, I believe this is also discussed in both the HA and HI Reference Manuals. 

 

[George Wallace]

ModlrMike

Both the Complainant and the Respondent have full rights to know what has been said about them, and by whom; unless the disclosure is reasonably believed to imperil the safety of the individual concerned, as indicated in Section 25 of the Privacy Act.  There are very few cases in the CAF where one's life would be threatened by disclosure.

Check links I provided above.

 

[ModlrMike]

I accept that the links you provided are correct; if this were an harassment complaint. It appears it is not.

I admit that I'm confused that the CO has already spoken to the member and yet he's no closer to knowing what's going on.

 

[ModlrMike]

A couple of somewhat tangential questions -

If such an investigation was completed and the investigation closed with no further action, does the respondent then have the right to know the complainant and review the evidence?

Yes.

Is there a requirement for the unit or investigating body to keep the material related to the investigation and findings for any period of time?

Yes, for five years if I remember correctly.

 

[George Wallace]

Yes, for five years if I remember correctly.

In the case of Harassment Complaints, the files are kept for five years of the last date the file was closed.  Should a file be closed and there is cause for the file to be opened again, within the five years, the five years applies to the date it is closed once again.