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103 Can. B. Rev. 1 (2025)

handle is hein.journals/canbarev103 and id is 1 raw text is: Vol. 103 2025 No. 1 THE MILITARY POLICE COMPLAINTS COMMISSION OF CANADA: WATCHING THE WATCHERS Robin MacKay1 The Military Police Complaints Commission of Canada has been in existencefor a quarter century, and it is an opportune time to review Part IV of the National Defence Act, which created the Commission and set out its jurisdictionandpowers. TheCommissionwascreatedfollowingthe 'debacle' ofthe Canadian military deployment in Somalia in 1992-93. Reviews of that deployment identified as a problem the lack of independent authority of the Military Police. In granting Military Police greater autonomy, Parliament considered it important to also have civilian oversight of this police service, as has become common with civilian police services in Canada. The issue explored in this article is whether the Commission's governing legislation furnishes it with the legal tools it needs to carry out its oversight mandate, in light of changes to civilian oversight over the last 25 years. In examining the legislation, comparisons are made with the legislation governing the Commission's sister oversight body, the Public Complaints and Review Commission, which deals with complaints concerning the Royal Canadian Mounted Police. La Commission d'examen des plaintes concernant la police militaire du Canada existe depuis un quart de siecle et le moment est bien choisi pour examiner la partie IV de Loi sur la Defense nationale, qui a cree la Commission et etabli sa competence et ses pouvoirs. La Commission a ete creie apres la « debacle » du diploiement de la police militaire du Canada en Somalie en 1992-1993. Selon les examens de ce diploiement, le manque d'autorite independante de la police militaire representait un probleme. 1 Robin MacKay is legal counsel with the Canadian Judicial Council. He was legal counsel with the Military Police Complaints Commission from 2018 to 2021. THE CANADIAN BAR REVIEW LA REVUE DU BARREAU CANADIEN

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