Military

Both Canadian and American authorities ordered separate, independent investigations of the friendly fire incident.  While the activities of the American investigation board, known as the CIB, was concurrent with the Board, the CIB was governed by different rules and served different purposes.  The primary role of the CIB was to inquire into the facts and circumstances surrounding the friendly fire (fratricide) incident so as to obtain and preserve all available evidence for later use in litigation, claims, disciplinary action or adverse administrative actions.  United States (US) personnel must appear when called to testify under oath unless they assert the privilege, under the US law, against self-incrimination.  In that event, they may exercise the right to remain silent and decline to testify once sworn under oath.  This protection is afforded in all such investigations which may lead directly to disciplinary or criminal proceedings.

US authorities cooperated to the fullest extent possible, within the limits of their national legal restrictions, throughout the course of their investigation. The convening order and initial guidance for the CIB are contained in two source documents dated 24 and 26 April 2002 respectively (see Vol 10, Tabs 4 and 5).  Canadian participation on an American investigation board was unprecedented.  In addition to the appointment of Brigadier-General M. Dumais as Co-President, seven other Canadian servicemen were assigned roles on the CIB.  Direction to the CIB provided for the following:

• the American Co-President was to collaborate with the Canadian Co-President on opinions as to the cause of the incident and was to seek his recommendations as to the corrective measures to the extent the measures address combined or Coalition military activities;
• the possibility of individual findings of fact, opinions, or reserved concurrence on specific matters as deemed appropriate;
• the assessment of fault or neglect and recommendations concerning administrative and disciplinary actions involving US personnel were only to be made through American Board members; and
• the Canadian Co-President was authorized to act as a liaison with the Canadian Board.