DAOD 7002-0, Boards of Inquiry and Summary Investigations

1. Introduction

Date of Issue: 2002-02-08

Date of Modification: 2015-04-02

Application: This DAOD is a directive that applies to employees of the Department of National Defence (DND employees) and an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members).

Supersession:

  • CFAO 24-6, Investigation of Injuries or Death
  • CFAO 210-1, Civilian Witnesses – Fees and Expenses
  • CANFORGEN 047/06, Attendance of Family and Seriously Injured Members at a Board of Inquiry
  • CANFORGEN 160/08, Interim Direction and Guidance for Boards of Inquiries (BOI) and Summary Investigations (SI)
  • CANFORGEN 162/10, Update - Interim Direction and Guidance for Boards of Inquiries (BOI) And Summary Investigations (SI)
  • CANFORGEN 105/11, Guidance for Boards of Inquiries (BOI) Dealing with Serious Injuries, Sudden Deaths and Suicides
  • CANFORGEN 186/11, Supplemental Direction for Boards of Inquiry (BOI) and Summary Investigations (SI)

Approval Authority: Chief Review Services (CRS)

Enquiries: Administrative Investigation Support Centre (AISC)

2. Policy Direction

Context

2.1 Subsection 45(1) of the National Defence Act authorizes the convening of a board of inquiry (BOI) to inquire into any matter connected with the government, discipline, administration or functions of the CAF or affecting any CAF member.

2.2 QR&O Chapter 21, Summary Investigations and Boards of Inquiry, directs the convening of a BOI or the ordering of a summary investigation (SI) under certain circumstances.

2.3 If an investigation by means of a BOI or an SI is not required, an authority may informally inquire into a matter.

2.4 Under the direction of the CRS, the AISC is responsible for:

  1. developing, implementing and managing the policies and procedures governing the conduct of BOI and SIs;
  2. providing instructions concerning procedural aspects of BOI and SIs; and
  3. acting as the information repository for all BOI and all SI reports requiring Chief of the Defence Staff (CDS) approval.

Policy Statement

2.5 The CAF is committed to the effective and efficient conduct of BOI and SIs.

Requirements

2.6 Any person who may convene a BOI or order an SI must ensure that:

  1. the AISC is contacted shortly after an incident occurs to obtain advice on selection of the appropriate administrative investigation;
  2. any investigation is initiated and conducted within a reasonable time;
  3. the form of any investigation is consistent with the gravity and complexity of the matter to be investigated; and
  4. all records, documents and other things obtained and produced during any investigation are properly safeguarded and retained for purposes of the Access to Information Act and the Privacy Act, for the applicable periods set out in the Defence Subject Classification and Disposition System.

2.7 A BOI or an SI must not be conducted if any purpose of the BOI or SI is to:

  1. obtain evidence relating to a potential breach of the Code of Service Discipline; or
  2. assign criminal responsibility.

2.8 If an investigation with such a purpose is to be conducted, the nearest representative of the Judge Advocate General should be contacted.

2.9 The AISC must notify the CRS of any non-compliance with this DAOD

3. Consequences

Consequences of Non-Compliance

3.1 Non-compliance with this DAOD may have consequences for both the DND and the CAF as institutions, and for DND employees and CAF members as individuals. Suspected non-compliance with this DAOD will be investigated. The nature and severity of the consequences resulting from actual non-compliance will be commensurate with the circumstances of the non-compliance.

Note – In respect of the compliance of DND employees, see the Treasury Board Framework for the Management of Compliance for additional information.

4. Authorities

Authority Table

4.1 The following table identifies the authorities associated with this DAOD:

The …has or have the authority to …
Minister of National Defence
  • convene a BOI.
CDS, officers commanding a command or formation, and commanding officers
  • convene a BOI;
  • order an SI; or
  • informally inquire into a matter if a BOI or SI is not required.
CRS
  • take appropriate action in respect of any non-compliance with the DAOD 7002 series.

5. References

Acts, Regulations, Central Agency Policies and Policy DAOD

Other References