This is Podcast #3.
It’s a long one, but it’s also a good one.
Above is the audio and also available for download is a copy of the 2nd Independant Review of Amendments to the National Defence Act.
One thing that I didn’t notice the first time I read this report is that even in 2011, the Military Police Complaints Commission was aware that the Supreme Court of Canada considered it to be improper for a police agency to receive direction from a governmental body that could be subject to civil actions based on the outcome of an investigation.
This is the chain of command:
Mininster of National Defence –> CDS –> VCDS –> CFPM –> CFNIS Commander –> CFNIS Unit Commander –> CFNIS Investigator.
Section 18 of the National Defence Act stipulates that the VCDS may direct the CFPM in regard to any particular military police investigation.
Section 83 of the National Defence Act stipulates that every member of the Canadian Armed Forces MUST obey the “lawful” commands of their superior.
This is literally everything the Supreme Court of Canada has said is unacceptable.
You cannot have the CFNIS conducting investigations that have the POTENTIAL to bring civil actions against the office of the Minister of National Defence as the Minister via the Chain of Command has direct authority over the entire Canadian Forces military police.