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

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Canada’s military police watchdog issued a critical report Thursday regarding the investigation into an air force officer who died by suicide in early 2022 after being charged with sexual assault. The report found the investigation suffered from a “rush to judgment and confirmation bias.”

Investigation into Maj. Cristian Hiestand’s Death

Maj. Cristian Hiestand had told his family that no one would listen to his side of the story after being charged with assaulting a woman with whom he had recently ended a relationship. The chair of the Military Police Complaints Commission (MPCC), Tammy Tremblay, found that while Hiestand had an opportunity to speak to investigators, he declined on the advice of his lawyer.

The investigation, according to the report, lacked supervisory oversight, failed to adequately explore issues of consent, did not pursue interviews with critical witnesses, and neglected to review text messages between the alleged victim and the accused.

Bill to Reform Complaints System

The report’s release coincides with debate surrounding Liberal government legislation aimed at addressing sexual misconduct in the military. 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 received three complaints concerning the military police conduct in the Hiestand case, resulting in two separate reports. The first report focused on the handling of the case itself, while the second examined the actions of the military police detachment at Canadian Forces Base Moose Jaw, Sask.

The watchdog identified several instances of misconduct by the leadership of the Moose Jaw detachment on the night the alleged sexual assault was reported. These included a failure to record the interview with the alleged victim, the involvement of a drunk supervisor, and allowing a potentially involved person to be present during the woman’s statement.

Recommendations and Response

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

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 Moose Jaw detachment. “It is deeply concerning that all but one of the recommendations in these final reports were not accepted,” Tremblay said in a statement. “This shows a lack of accountability for the shortcomings identified in this investigation.”

Hiestand died by suicide on Jan. 18, 2022, just over a month after his arrest. A military board of inquiry determined that Hiestand was considered a “moderate” suicide risk by medical staff, but there was limited follow-up from his superiors.

He was charged with two counts of sexual assault days after ending a relationship with a civilian woman. At the time of his arrest, Hiestand informed investigators about text messages he believed would exonerate him, but military police declined to review them, offering only to take a statement, which he declined on legal counsel.

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 conducted an internal professional conduct investigation into the actions of the military police officers involved in Hiestand’s case, ultimately clearing them of any wrongdoing in a report dated Feb. 9, 2024.

The officers involved maintain that their investigation was not conducted hastily.

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