Seeking help with military police report and case file

[nn1988]

Good evening,

I'll try to cut this as short as I can.
In brevity, I was a victim of an alleged aggravated assault while on course (POET course) at CFB Kingston. I suffered basal skull fractures, acute subdural hematomas, haemorrhages, cerebral contusions, ear bone dislocation, left facial palsy etc. Spent roughly 5 days in ICU, 3 weeks in hospital and 6 months doing physiotherapy. This happened fall of 2014. I had only been in the military few days short of 9 months when this occurred. Drove a drunk back from the bar, and he snapped on me as we were walking back to the barracks (knocked unconscious from behind and assaulted afterwards).

Last year, after much hard work and attempts with the JAG, I was able to submit and get copies of CF98 & 663. Now, the case is, since the incident I have been trying to get copies of the military police report but nothing has availed. Having gone through ATIP, Department of Justice Canada said they did not have records in response to my request, the director of Access to Information and Privacy has sent me a letter stating that the Military Police Investigation case file was part of active investigation, and thus a copy could not be provided. Such was the case until last April (2015). After having discussed all this with my SCWO in 4 meetings, he has told me to just wait (December 2014, February, March & September 2015). The alleged was released back in July and I am constantly being told that his court martial is awaiting and to just wait.

Being a victim, I don't know what to do. Also, I am only an Aviator and I am unaware of all proceedings and necessities required from my part. I literally do not know of anything (who the prosecutor is, what is enclosed in the case file, what is the sought punishment if convicted, who to contact etc..).

I will not get into the details of what impact this has had on me. I have since completed my POET course and will start my QL3 in a month and half.

Let me know how you suggest that I proceed in the situation that I just described.

Thanks

 

[donaldk]

PM inbound.

Edit: Re-read and after sending the PM noticed that you stated the member was released.  Glad to see the admin review process took hold there.

 

[jitterbug]

File a complaint with the military police complaints commission.  You will need names, dates, locations and dates you have attempted to get info and how you went about doing so.  If the investigation is as simple as you have stated it is than there should be no reason it is taking so long.

 

[JesseWZ]

File a complaint with the military police complaints commission.  You will need names, dates, locations and dates you have attempted to get info and how you went about doing so.  If the investigation is as simple as you have stated it is than there should be no reason it is taking so long.

It may not be that simple, however the file may be concluded and awaiting trial which is why it would be considered "active -awaiting judicial proceedings." If the file is going to Court Martial, a prosecutor will be assigned from Director Military Prosecutions. They likely are from an area office and may not be local. It is the onus of the prosecutor to contact you for trial matters.

On another matter, has anyone offered you Victim Services information and/or have you taken advantage of Victim Services in your area? They often have the skills to help victims navigate the justice system.

 

[brihard]

Unreal. Do the MPs not have liaison with local victim services organizations?

This is bloody incompetence. A victim of a crime should be kept up to date with the progress of the investigation, and the status of court proceedings. The victims are the fucking point of what we as police officers do. Someone should be going to bat for you on this.

 

[JesseWZ]

Unreal. Do the MPs not have liaison with local victim services organizations?

This is bloody incompetence. A victim of a crime should be kept up to date with the progress of the investigation, and the status of court proceedings. The victims are the ******* point of what we as police officers do. Someone should be going to bat for you on this.

Most should. In Esquimalt we have a full time Community/Relations Victims Services MP who liaises with all the local organizations. I cannot speak for Kingston MPs though.

 

[brihard]

ERR- Here's some contact info for the Victim Services of Kingston and Frontenac. Drop them a line, they may be able to help.

Here is the Victims' Bill of Rights. Note that it does not apply to service offences under the NDA, but if a S.268 Agg Assault charge has been laid, then it should apply.

 

[LCIS227]

Just curious, would your injuries / long term medical coverage be covered by Veteran Affairs in these circumstances?

Also if the assault was deemed criminal (which most likely is), you might be eligible for compensation from the Criminal Injuries Compensation Board which could cover treatment as well as pain and suffering (for when the time comes when you leave the military). Link: http://www.cicb.gov.on.ca/en/eligible.htm

Additionally have you thought about suing the assailant? Not sure if anyone in your CoC has discussed this avenue with you, however it's entirely in your right to do so. The way I see it the military justice system (Court Martial) is there to punish the wrongdoer, not award the victim any sort of "assistance".

By the sounds of it this has been a trying time for you, formal legal advice outside the military might be a good idea in order to mitigate any future problems this attack may cause you in the future.

 

[nn1988]

Just curious, would your injuries / long term medical coverage be covered by Veteran Affairs in these circumstances?

I got the CF98 and 663 for that.

Link: http://www.cicb.gov.on.ca/en/eligible.htm
Just curious, would your injuries / long term medical coverage be covered by Veteran Affairs in these circumstances?

Thanks

Additionally have you thought about suing the assailant? {...} formal legal advice outside the military might be a good idea in order to mitigate any future problems this attack may cause you in the future.

Yes I have and have spoken to two JAGs at different units about it. They have advised me to wait until the military proceedings are over and dealt with.

Also, incidentally two weeks after my post, CFB Kingston MPU contacted me out of the blue. I was informed of the JAG's name (one responsible for my case). I was also told to go sign a release of medical documents consent form which are to be forwarded to a forensic pathologist in London so the latter can prepare a report for the JAG. Once he has done so, I will be contacted.
I guess I should have posted here earlier...

Thank you