Canada Military Police Watchdog Report: Sexual Assault Investigation Flaws & Suicide

Canada’s military police watchdog has issued a damning report concluding that investigators “rushed to judgment” and exhibited confirmation bias in the case of a Royal Canadian Air Force officer who died by suicide shortly after being charged with sexual assault.

The Military Police Complaints Commission (MPCC) report, released Thursday, examined the investigation into Major Cristian Hiestand, who took his own life in January 2022, just over a month after being arrested. Hiestand had been charged with two counts of sexual assault following the end of a relationship with a civilian woman. According to the report, Hiestand had told family members he believed no one would listen to his side of the story.

MPCC Chair Tammy Tremblay found that while Hiestand had been offered the opportunity to provide a statement to investigators, he declined on the advice of counsel, the investigation itself was fundamentally flawed. “Military police did not conduct an impartial and thorough investigation,” Tremblay stated in the report. The investigation was characterized by “undue haste in arresting and charging” Hiestand and failed to adequately explore critical aspects of the case.

Specifically, the report details failures to probe consent, pursue interviews with key witnesses, and review relevant digital evidence, including text messages between Hiestand and the complainant. The MPCC received three complaints regarding the military police’s handling of the case, leading to a public interest hearing and the release of two reports – one focusing on the investigation itself, and another examining the conduct of the military police detachment at Canadian Forces Base Moose Jaw, Saskatchewan.

The second report revealed further issues with the initial response to the complaint. Military police failed to properly record the initial interview with the complainant, one of the supervising officers was reportedly intoxicated at the time, and an individual potentially connected to the case was permitted to be present during the complainant’s statement.

The MPCC issued a total of 17 recommendations – 13 related to the Hiestand investigation and four concerning the conduct of the CFB Moose Jaw detachment – aimed at improving investigative practices within the Canadian Forces National Investigation Service (CFNIS). These included enhanced training on witness identification and interviewing, proper handling of digital evidence, and a requirement for investigators to consult with prosecutors before laying charges in sexual assault cases.

However, the Canadian Forces Provost Marshal rejected all 13 recommendations pertaining to the Hiestand investigation, accepting only one of the four recommendations related to the CFB 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.”

Rory Fowler, a retired lieutenant-colonel and military lawyer representing the Hiestand family, stated the family is still reviewing the report. “They are thankful for the efforts of the MPCC,” Fowler said, adding that the family is “perplexed” and “disappointed” by the Canadian Forces Provost Marshal’s refusal to implement the recommendations.

A military board of inquiry previously determined that Hiestand was assessed as a “moderate” suicide risk by medical staff, but noted a lack of formal follow-up from his superiors. Prior to the charges, Hiestand, an Afghan war veteran and pilot instructor, had informed investigators he possessed text messages that could exonerate him, but military police declined to review them before proceeding with the arrest.

Following the charges, Hiestand was removed from duty, barred from contacting the complainant or colleagues, and ordered to work remotely. An internal Department of National Defence investigation into the actions of the military police officers involved in the case, completed in February 2024, ultimately cleared them of any wrongdoing, concluding that complaints from the Hiestand family were “not substantiated.”

The release of the MPCC report coincides with ongoing debate surrounding Bill C-25, legislation aimed at reforming the military’s handling of sexual misconduct cases. The bill proposes to remove the military’s authority to investigate and prosecute such offences, transferring that responsibility to civilian police and courts. The legislation has faced opposition from some victims, former military officials, and opposition parties.