Military police ‘rushed to judgment’ before officer’s suicide, watchdog finds

Canada’s military police watchdog, the Military Police Complaints Commission (MPCC), released a critical report on Thursday concerning the investigation into the death of Maj. Cristian Hiestand, an air force officer who died by suicide in early 2022 after being charged with sexual assault.

Investigation Found Lacking

The report details significant shortcomings in the handling of the case. MPCC chair Tammy Tremblay found that the investigation suffered from a “rush to judgment and confirmation bias,” and lacked the necessary impartiality and thoroughness. Military police also failed to adequately probe critical issues like consent, pursue key witness interviews, and review relevant text messages between the alleged victim and Maj. Hiestand.

Maj. Hiestand had informed his family that he felt his side of the story would not be heard after being charged with assaulting a woman with whom he had recently ended a relationship. While he was offered the opportunity to speak with investigators, he declined on the advice of his lawyer.

Legislative Context

This report emerges as the Liberal government’s proposed legislation to address sexual misconduct within the military faces resistance. The bill seeks to remove the military’s authority to investigate and prosecute sexual assault cases, transferring that responsibility to civilian police and courts.

The MPCC investigation involved a public interest hearing and resulted in two separate reports. One focused on the handling of the case itself, while the second examined the conduct of the military police detachment at Canadian Forces Base Moose Jaw, Saskatchewan, prompted by a complaint from a former military police officer.

Concerns at CFB Moose Jaw

The watchdog identified several issues with the leadership of the military police detachment on the night the alleged sexual assault was reported. These included failing to record the interview with the alleged victim, a supervisor being intoxicated, and allowing a potentially involved individual to be present during the woman’s statement.

The MPCC issued 13 recommendations related to the Hiestand investigation and four concerning the conduct of the CFB Moose Jaw officers. These recommendations aimed to improve investigative practices, including better training on witness identification and handling digital evidence, and requiring consultation with prosecutors before laying charges in sexual assault cases.

Recommendations Rejected

However, the Canadian Forces Provost Marshal rejected all 13 recommendations related to the Hiestand investigation and only accepted one of the four recommendations regarding the CFB Moose Jaw detachment. MPCC chair Tremblay expressed deep concern over this lack of accountability, stating it demonstrates a disregard for the identified shortcomings.

Maj. Hiestand died by suicide on January 18, 2022, just over a month after his arrest. A military board of inquiry determined he was considered a “moderate” suicide risk by medical staff, but there was limited follow-up from his superiors. He had been charged with two counts of sexual assault days after ending a relationship with a civilian woman.

The charges were filed in provincial court in Saskatchewan less than a week after the relationship ended and within five days of receiving a complaint from the civilian. At the time of his arrest, Hiestand told investigators he possessed text messages that could exonerate him, but military police declined to review them, offering only to take a statement, which he declined on legal advice.

Following the charges, Hiestand was removed from duty, prohibited from contacting the complainant and co-workers, and ordered to work remotely. The Department of National Defence initiated an internal investigation into the actions of the military police officers involved.

That internal investigation, completed nearly two years later, cleared the officers of any wrongdoing. A report dated February 9, 2024, concluded that complaints from Hiestand’s family were “not substantiated.” The officers involved maintain their investigation was not conducted hastily.

Frequently Asked Questions

What were the key findings of the MPCC report?

The MPCC found that the military police investigation into Maj. Hiestand’s case was not impartial or thorough, suffered from a “rush to judgment and confirmation bias,” and lacked adequate supervisory oversight.

What is the status of the legislation addressing sexual misconduct in the military?

The Liberal government’s proposed legislation to address sexual misconduct in the military is facing pushback from some victims, former military officials, and opposition parties. The bill aims to transfer the power to investigate and prosecute sexual assault cases to civilian authorities.

What was the outcome of the internal investigation conducted by the Department of National Defence?

The internal investigation cleared the military police officers involved in the case of any wrongdoing, concluding that complaints made by Hiestand’s family were “not substantiated.”

Given the serious concerns raised about the handling of this case, what steps might be taken to rebuild trust in the military justice system?