Systemic sexual misconduct and racism in the military and RCMP and the complicity of the Liberals and generals

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jerrym

Female RCMP officer standing outside the RCMP doctor's office. Sign on door: "The Doctor is IN - Decent. RE: More than 80 complaints have now been received against two former RCMP doctors under investigation for alleged sexual misconduct spanning decades. Jan. 31, 2018

jerrym

In a new report by former Supreme Court Justice Morris Fish, he concludes that sexual misconduct in the Canadian military is so "ersistent, preoccupying and widespread" that attempts to address the problem inside the military are futile until the entire military judicial system is transformed. In the meantime sexual misconduct cases should be handled by the civilian judicial sytem according to Fish. His report is a middle path between the status quo failure and full civilian court control in the long run. 

The civilian system has serious flaws in dealing with sexual misconduct, but it at least avoids the military chain of command, which first involves reporting to your immediate superior, who may be the perpetrator or one of his favourite soldiers. 

In an interview on Power and Politics, Defence Minister Sajjan once again said the government will accept all 107 recommendations in principle but refused to give any timeline of implementation. The Liberal plan obviously is to keep receiving more reports (former Supreme Court Judge Arbour is next) until after the next election and then drop it down the memory hole. After all they have done nothing meaningful on the 2015 retired Supreme Court Justice Marie Deschamps report on sexual misconduct during the six years they have been in power. 

A landmark review of Canada's military justice system says the military can keep its jurisdiction over investigating and prosecuting complaints of sexual assault and misconduct within the military itself — as long as it embraces reforms first. Until it does, said former Supreme Court justice Morris Fish, the civilian criminal justice system should step in where it can to handle criminal cases in the military.

"Sexual misconduct in the Canadian Armed Forces (CAF) remains persistent, preoccupying and widespread – despite the CAF's repeated attempts to address the problem and to curb its prevalence," Fish wrote in his highly-anticipated report on reforming the military justice system, which was tabled in the House of Commons today. "It has had a traumatic impact on the lives and careers of victims, a corrosive effect on discipline and morale and a marked tendency to undermine public confidence in the CAF's institutional capacity to solve the problem internally." ...

At 400 pages, the report is sweeping in scope. It proposes making the military's top cop, the provost marshal, an independent appointment similar to the RCMP commissioner.

Fish also said that military judges should be civilians, not members of the Armed Forces.

His report appears to be trying to stake out a middle ground between a military that's reluctant to give up authority over its own members and critics who, throughout the misconduct crisis, have been calling for complete civilian oversight of military justice.

At a time when critics and sexual assault survivors have suggested that civilian courts are better placed to deliver justice in the military, Fish reaffirmed the need for a military justice system separate from the civilian one. ...

At 400 pages, the report is sweeping in scope. It proposes making the military's top cop, the provost marshal, an independent appointment similar to the RCMP commissioner.

Fish also said that military judges should be civilians, not members of the Armed Forces.

His report appears to be trying to stake out a middle ground between a military that's reluctant to give up authority over its own members and critics who, throughout the misconduct crisis, have been calling for complete civilian oversight of military justice.

At a time when critics and sexual assault survivors have suggested that civilian courts are better placed to deliver justice in the military, Fish reaffirmed the need for a military justice system separate from the civilian one. ...

"It would, in my view, be inappropriate for the military justice system to continue to investigate or prosecute alleged sexual assaults until it extends to all victims the protections afforded by the [Declaration of Victim's Rights]," the report said. ...

The Department of National Defence has said it is still drawing up the regulations to support Bill C-77 — two years after the legislation was passed. A senior defence official, speaking on background at a technical briefing after the report was tabled in Parliament, defended the amount of time it has taken to address such a key flaw in the military justice system. ...

The Liberal government accepts "in principle" the report's 107 recommendations. It said in a media statement that implementation will begin on 36 of Fish's recommendations in the near term. ...

Sajjan said he is committed to putting an implementation plan for the report before the House of Commons defence committee by the fall. But if recent political speculation holds true, the country could be in the middle of an an election at that time. ...

https://www.cbc.ca/news/politics/morris-fish-military-justice-sexual-mis...

 

jerrym

Another general, Brig.-Gen Simon Bernard, has been removed from his post, but this time for using the N----- word. If racist comments now also result in removal from a position, how many more generals will fall? As usual the military is closed-mouth about any details.

Six generals and the lieutenant-colonel in charge of the Canadian School of Military Intelligence have already lost their positions over sexual misconduct allegations. 

The chief of defence staff  Jonathan Vance, who evidence shows had been involved in known sexual misconduct cases going back to the 1990s that even involved the birth of two children of his according to the female officer mother as well as other cases as he became chief of staff and held the job for years, of  have to resign in January to be replaced by acting chief of staff Art McDonald, who had to resign less than a month later over his own sexual misconduct. Now his replacement, acting chief of the defence staff Lt.-Gen. Wayne Eyre is in trouble over failing to see nothing wrong with another general, Peter Dawe, giving a letter of recommendation to an officer already convicted of sexual assault on another officer. Dawe was so highly thought of, he was considered a likely future commander-in-chief. 

Lt.-Gen. Christopher Coates,  deputy commander of NORAD, was allowed to retire after the media, not the government, found out he had an affair with a U.S. defence department civilian, which against military regulations that require soldiers not to become sexually involved with people from other militaries in case they are compromised. Lt.-Col. Raphaël Guay, is being investigated for sexual misconduct, although no details what was involved have been released. Retired General Paul Rutherford, chair of the Project Trauma Support board, knowingly hired retired Major Jonathan Hamilton, a registered sex offender convicted of three sexual assaults in two trials, to work in a program for military and first responder women, whose trauma was brought on by sexual assault, thereby giving them even more trauma when they found out who he was. Once again nothing was done about this by the Liberal government until it broke a few days ago in the news.  Lt.-Gen. Christopher Coates, who was  second-in-command at NORAD headquarters in Colorado, who left the military weeks after the reporting of his sexual misconduct. This reflects the passive lets-not-rock-the-boat attitude with which Liberal Defence Minister Harjit Sajjan and Trudeau himself have dealt with the problem over six years. Trudeau himself admitted today that he knew about  Maj.-Gen. Dany Fortin's case "for weeks". Fortin led Canada's vaccine logistics at the Public Health Agency of Canada (PHAC),  and was on TV regularly with Covid annoucements. The Liberal government's cover-it-up attitude until it is revealed by someone else is reflected in the fact the government replaced him with another general with no comment on why until the issue broke in the press. 

The only time the Liberals respond with action is when something becomes public. Sexual misconduct in the military or anywhere will never be rooted out with this approach. This further illustrates the systemic nature of sexual abuse and misconduct in the military with the senior command's ignoring or even being the perpetrators for decades while Liberal and Conservative governments looked the other way including under Trudeau during his six years in power. We are also now also seeing how systemic racism in the military, as well as the RCMP, has been ignored or even practiced by the military and RCMP leaders, and ignored by Defence Minister Sajjan and the Trudeau Liberal government for their six years in office.

A senior member of the Canadian Armed Forces was quietly removed from his role in Canada's vaccine rollout last month in response to a complaint that he had used racist language in a workplace setting, CBC News has learned.

Brig.-Gen. Simon Bernard left his role at the Public Health Agency of Canada on May 17 — just three days after Maj.-Gen. Dany Fortin left his post leading Canada's vaccine logistics.

Sources tell CBC News that Bernard is accused of using the N-word in a workplace setting sometime in 2020, before his secondment to the public health agency. The complaint was made recently, while Bernard was Fortin's second-in-command in vaccine and logistics planning. Bernard was appointed to that post in November.

In a media statement, the Department of National Defence (DND) confirmed that Bernard was the subject of "a complaint regarding language" and the armed forces is "working towards determining facts and next steps."

"In order to preserve the integrity of the effort, we will not be disclosing the nature of the complaint," said Daniel Le Bouthillier, DND head of media relations.

https://www.cbc.ca/news/politics/simon-bernard-dany-fortin-vaccine-phac-...

 

jerrym

ETA: Nothing shows the trivialization of sexual misconduct in the military and the depth of the systemic discrimination against women that pervades the entire military command structure, than the resignation of yet another general. This time, it was the second-in-command, Lt.-General Michael Rouleau, who despite being in charge of the military police that are responsible for investigating the many cases of sexual misconduct involving the military's generals, went golfing at an exclusive military golf course (why is there such a thing) with former commander-in-chief General Vance, who had to resign over well-documented allegations of sexual misconduct. Nothing shows how blind these generals are to the problem than the fact that Rouleau said Vice-Admiral C A Baines did not have to also resign, because he had invited Baines to accompany him and Vance golfing, as if that excused Baines for not using his own judgement to realize that going golfing with an allegedly sexually offending former general would be seen as another sign of the good ol' boys signaling that sexual misconduct and abuse was nothing to worry about, if you were a senior officer. After all, the only thing Rouleau and Baines were doing was engaging in “a private activity” that, in golfing with Vance, involved “reaching out to a retired member of the CAF to ensure his wellness.”

Funny, how they never reach out to the thousands of rank and file sexually abused military personnel. Funny how Trudeau, Sajjan and the rest of the Liberals never seem to get around to dealing with systemic problem of sexual abuse in the military. After six years of inaction following a report that arrived at the same time the Liberals took office,  they have become very practiced at pronouncing some fine words on the issue, but only when the media or a sexually abused person reveals what another general or admiral has done. And when it happens again and again and again, then Trudeau and Sajjan quickly speak some more fine words.  

The second-in-command of the Canadian Forces is resigning following condemnation over his decision to go golfing with Gen. Jonathan Vance while the latter remains under military police investigation.

Lt.-Gen. Mike Rouleau was set to hand over command as vice chief of the defence staff to Lt.-Gen. Frances Allen shortly, who will be replacing him and who will be the first woman to hold the role.

But over the last two days, Rouleau — who holds oversight authority over the military police — has been roundly criticized for going golfing with Vance amid the ongoing probe into allegations of inappropriate behaviour against the former chief of the defence staff, which Vance denies.

Global News and The Globe and Mail first reported on the golfing on Saturday night.

“As a result of this incident, I am stepping aside immediately as VCDS and will transition to the CAF Transition Group,” Rouleau said in a statement. ...

Vice-Adm. C.A. Baines, commander of the Royal Canadian Navy, was also part of that golf outing at the Hylands golf course in east Ottawa on June 2.  Baines issued a statement on Sunday night in which he apologized but also described his actions as a “public display of support.”

Rouleau said Baines likely wouldn’t have gone if he had not done so.

“I wish to tell you that I accept fully how my decision to do so has intensified recent events and contributed to further erosion of trust. Vice-Admiral Baines’ participation was surely predicated on my attending therefore I would ask that only I be held accountable,” Rouleau said. ...

He described the golf outing as “a private activity” and that he had been “reaching out to a retired member of the CAF to ensure his wellness.”

https://globalnews.ca/news/7948266/canadian-forces-mike-rouleau-golfing-...

jerrym

In a just released report the military ombudsman has slammed the Trudeau government, Defence Minister Sajjan, and the top military officers over "interference in the work of his office" from leaders turn a blind eye to our recommendations and concerns in order to advance political interests and their own self-preservation or career advancement" while showing a "lack of action ... on allegations of high-level sexual misconduct" and "erratic behaviour". Furthermore, the defence ministry engages in “a pattern of personal and institutional reprisal” by department officials against the members of ombudsman's office for their work. This impacts "recruitment, retention ... [and] risks threatening national security." 

Trudeau's response was that he was awaiting former Supreme Court judge Louise Arbour's report, which is expected in December, safely after the next election and six years after Supreme Court Justice Marie Deschamps clearly outlined the problems that persist until today and less than another former Supreme Court Justice, Morris Fish (see post #53), repeated the same problems in his report.  As the ombudsman says, the country and abused personnel need action, not words. 

The Canadian Forces ombudsman released a scathing indictment on Tuesday, raising the spectre of interference in the work of his office at a time when the military is under intense public scrutiny over allegations of high-level sexual misconduct.

Gregory Lick says “vested political interests” complicate the office’s work — often just prior to elections or in times of crisis — and suggests the ombudsman’s office be removed from under the authority of the minister of national defence.

He said because his office’s existence is not enshrined in law, every ombudsman operates under the fear that their authority to probe wrongdoing and grievances could be revoked at any time, and that there have been “subtle and insidious” instances that suggest “a pattern of personal and institutional reprisal” by department officials against the members of the office for their work. ...

“When leaders turn a blind eye to our recommendations and concerns in order to advance political interests and their own self-preservation or career advancement, it is the members of the defence community that suffer the consequences,” he said on Tuesday morning.

The lack of action taken in the more than four months since Global News first reported on allegations of high-level sexual misconduct have “bitterly proved this point,” he continued. ...

“The erratic behaviour of leadership defies common sense or reason. The concept of Ministerial accountability has been absent,” Lick said in his speech, noting the failures by Defence Minister Harjit Sajjan as well as senior government and military leaders to act amounts to a risk to national security. ...

“The negative impacts of this crisis on recruitment and retention and on those directly implicated in these misconduct situations within the CAF risk threatening national security. ...

Prime Minister Justin Trudeau was asked about the paper during a press conference at Rideau Cottage on Tuesday: specifically, when he would implement the call by Lick for more independence for his office.

Trudeau didn’t give a clear answer but said both he and former Supreme Court justice Louise Arbour, who is leading a review into the need for independent reporting of military sexual misconduct, will consider the paper.

https://globalnews.ca/news/7968673/canadian-forces-sexual-misconduct-mil...

jerrym

Military ombudsman Gregory Lick is proposing legislation that would make the military ombudsman office completely independent of the government because of interference from the Trudeau Liberal government, Defence Minister Sajjan and the military that includes reprisal against his office for his investigations into sexual misconduct in the military. 

Canada’s military ombudsman pushed for full independence on Tuesday as he called out instances of reprisal against his office and the “erratic behaviour of leadership.” 

In a scathing public statement rebuking both the Liberal government and the military, which has been grappling with a sexual misconduct crisis, Gregory Lick said the time for more studies and recommendations on military oversight is over. He presented a position paper along with draft legislation that would give his office — which reports to the minister of defence — more teeth and allow it to escalate issues directly to Parliament.

“When leaders turn a blind eye to our recommendations and concerns in order to advance political interests and their own self-preservation or career advancement, it is the members of the defence community that suffer the consequences,” Lick told a news conference in Ottawa. “It is clear that inaction is rewarded far more than action.”

The actions of Defence Minister Harjit Sajjan and other senior government and military leaders this year have “bitterly proved this point,” Lick told reporters. “The erratic behaviour of leadership defies common sense or reason. The concept of ministerial accountability has been absent.”

Sajjan was censured by the House of Commons last week over his handling of the sexual misconduct file, among other issues. ...

Lick decided to present his paper to the public before discussing it with Sajjan because “reporting through the minister on various issues like this has not resulted in any positive outcomes for our constituents in the past,” he said in an interview. “I felt this was the best way to get information to the public, to MPs and ultimately the government to get action.”  The legislation Lick is proposing would also require leaders to respond to his office’s recommendations within certain timelines, he said. ...

The draft legislation has no chance of being tabled in the House of Commons any time soon, given the House rises for the summer on Wednesday and a federal election is widely expected this fall. It also doesn’t look like the government will accept it as is. ...

Lick said there has been what he described as political interference with the office, citing a lack of action taken when his predecessor tried to raise with Sajjan an allegation of misconduct against retired general Jonathan Vance when Vance was chief of the defence staff in 2018. 

“While you may not term it political interference, lack of action I would term also political interference,” Lick told reporters. Lick’s position paper claims the Department of National Defence recently “attempted to exert control” on the approval of questions as part of his office’s investigation into employment equity. 

The paper also mentions “a pattern of personal and institutional reprisal” by the department against Lick’s office. While Lick told the Star he himself has not faced reprisals, he said his predecessor, Gary Walbourne, was driven out of the department amid an internal review.

https://www.thestar.com/politics/federal/2021/06/22/military-ombudsman-c...

 

jerrym

It's interesting how the military command structure goes out to destroy the career of any rank and file woman who rocks the boat by bringing forward a complaint of sexual misconduct, or even abuse, but are willing to give second or third chances to commanding officers who make mistakes. Top General Eyres "give Vice-Admiral Craig Baines, no doubt with the approval of Defence Minister I See Nothing Sajjan, a chance to redeem himself", after so many women's cases of sexual abuse were ignored or even resulted in their being driven out of the military over decades and decades.

The commander of the Royal Canadian Navy will not lose his job after golfing with the former chief of the defence staff who is under military police investigation for sexual misconduct allegations.

Acting chief of the defence staff Lt.-Gen. Wayne Eyre says he will give Vice-Admiral Craig Baines a chance to redeem himself and show how to learn, grow and help the healing process.

Baines and then-defence vice-chief Lt.-Gen. Mike Rouleau drew outrage earlier this month when they hit the links with retired general Jonathan Vance, who is facing a sexual misconduct probe.

Rouleau apologized and resigned from his position soon after, though he didn’t leave the military entirely, while Baines also offered an apology and Eyre said he would consider next steps for the naval commander.

Eyre says in a message to Department of Defence and Canadian Armed Forces members on Tuesday that the golf game showed “poor judgment” and harmed victims and survivors, the institution and efforts to change its culture.

He adds there is no set process, procedure or guidance for making this decision on Baines’s future, nor is there a perfect answer, and he accepts that not all will agree regardless of the determination.

https://www.crestonvalleyadvance.ca/news/navy-commander-who-golfed-with-...

jerrym

With ten senior officers already relieved of duty, retired or on paid leave due to the sexual misconduct scandal, Trudeau this week criticized Chief of Staff General Eyres for allowing Vice-Admiral Craig Baines to continue in his post. However, after Defence Minister Sajjan later supported Eyres decision with regard to Baines, Trudeau back Sajjan and Eyres, showing that all of Trudeau's actions are for political effect and to avoid having to fire Sajjan before the coming election call. Trudeau says he is waiting for former Supreme Court judge Louise Arbour's report, which is expected in December, conveniently after the election. The Liberals have done nothing with former Supreme Court Justice Marie Deschamps on this issue during their six years in office, nor with former Supreme Court Justice Morris Fish in May. With this kind of approach, you can bet the sexual misconduct and abuse scandal in the military will continue well into the future. 

Prime Minister Justin Trudeau says he still has confidence in the ability of the military's top commander, Lt.-Gen. Wayne Eyre, to lead the armed forces through the ongoing sexual misconduct crisis — despite publicly criticizing a choice Eyre made about a senior leader under fire.

On Wednesday, Trudeau and Deputy Prime Minister Chrystia Freeland both publicly questioned Eyre's decision to allow the commander of the navy, Vice-Admiral Craig Baines, to remain in his post after he took part in a golf game with former chief of the defence staff Jonathan Vance, who is under military police investigation following allegations of inappropriate behaviour.

"I have confidence in the acting chief of defence staff,' Trudeau said Friday at a press conference.

"I know there is an awful lot of work for the senior leadership in the military to do to regain the trust of Canadians, to regain the trust of the women and men who serve in our armed forces."

The comment marks a change in tone for Trudeau and comes after Defence Minister Harjit Sajjan said Thursday night he personally has the "utmost confidence" in Eyre and agreed with his decision to give Baines a chance to redeem himself.

"He's absolutely committed to making sure that we create that culture change that's absolutely necessary," Sajjan told CBC News: Canada Tonight on Thursday.

Sajjan is in the midst of a political firestorm over his handling of the sexual misconduct crisis. For weeks, the Conservatives have been calling on him to resign or for the prime minister to fire him. A majority of MPs voted last month to censure Sajjan over his perceived failings on a number of files.  ...

Trudeau has been steadfast in his support of Sajjan.

"Minister Sajjan, through his service as a police officer and member of the armed forces, has stood against the old boys network every step of the way, and has had regular challenges with them throughout his career," said Trudeau on Wednesday.

Sajjan has been accused of failing to introduce a real change to the military's culture in response to a 2015 report by former Supreme Court justice Marie Deschamps, which laid out recommendations for tackling an "underlying sexual culture" in the Armed Forces that leaves victims to fend for themselves.

Over the past six months, ten senior military leaders have been swept up in the sexual misconduct crisis and are either on leave with pay pending investigations or have retired. ...

Freeland said said she was "surprised and disturbed" by Eyre's decision to keep Baines in his role and wondered what kind of message it sent to women in uniform about how seriously their bosses were about changing the military's culture.

https://www.cbc.ca/news/politics/prime-minister-confidence-in-acting-chi...

jerrym

Former Chief of Staff General Jonathan Vance has been charged with obstruction of justice "related to an ongoing military investigation into allegations of sexual misconduct". I would arge that the entire senior commanders, Defence Minister Sajjan and Trudeau should be charged with obstruction of justice on the issue of sexual misconduct in the military.

Former chief of defence staff Jonathan Vance has been charged with one count of obstruction of justice related to an ongoing military investigation into allegations of sexual misconduct.

The Canadian Forces National Investigation Service, CFNIS, announced the charge against Vance Thursday.

The service said it could not provide details about what is alleged to have taken place, but that it happened sometime after the CFNIS began investigating Vance on February 4, 2021.

"It was during the course of this investigation that the obstruction of justice is alleged to have occurred," CFNIS said in a news release.

Vance is under investigation over allegations that he engaged in an inappropriate relationship with a former subordinate, Maj. Kellie Brennan. He is also under investigation for a separate allegation that he sent a racy email to another female officer.

Vance denies the allegations.

The ongoing investigation and news of the charge against Vance comes as the Canadian military grapples with an ongoing sexual misconduct crisis, which has prompted calls for the resignation of Defence Minister Harjit Sajjan.

https://www.cbc.ca/news/politics/jonathan-vance-obstruction-justice-1.61...

jerrym

No surprise. The Canadian Forces National Investigation Service (CFNIS) has finished its investigation  into sexual misconduct allegations against Admiral Art McDonald and has concluded there is not sufficient evidence to lay any charges against Canada's top military commander. Considering that two Supreme Court judges have found the entire military system of justice a complete failure when it comes to investigating and/or charging senior officers, any other result would have been shocking. 

Supreme Court Justice Morris Fish, in a report released in June, concludes that sexual misconduct in the Canadian military is so "ersistent, preoccupying and widespread" that attempts to address the problem inside the military are futile until the entire military judicial system is transformed. In the meantime sexual misconduct cases should be handled by the civilian judicial sytem according to Fish. Supreme Court Judge Marie Deschamps reached similar conclusions in 2015. Military ombudsman Gregory Lick is proposed legislation that would make the military ombudsman office completely independent of the government so the Defence Minister could not block his attempts to seek justice for sexually abused military personnel.  Nothing was done by Defence Minister Sajjan about any of this. Trudeau's solutio? Order another report by another Supreme Court judge - Lousie Arbour - to write another report due in December, conveniently after the next election.

An investigation into sexual misconduct allegations against Admiral Art McDonald has concluded and will not result in any charges against Canada's top military commander.

"The investigation did not reveal evidence to support the laying of charges under either the Code of Service Discipline or the Criminal Code of Canada," said a statement issued by the Canadian Forces Provost Marshal today.

The investigation into McDonald was handled by the Canadian Forces National Investigation Service (CFNIS), which says it interviewed "a large number of potential witnesses" connected to the case.

"The evidence gathered from these witnesses was considered in the ultimate determination that the evidence did not support the laying of any charges," the statement continued.

CFNIS said it will not release any further details due to the privacy rights of the people involved.

McDonald was appointed as chief of the defence staff in January. He stepped aside just a month later after news of the allegations and investigation were made public.

The allegations, as CBC News has previously reported, involved a female crew member and an incident a decade ago aboard a warship that was participating in a northern exercise. ...

Sources with knowledge about the investigation said the incident involved alcohol aboard HMCS Montreal, which at the time was involved in the military's annual Arctic exercise known as Operation Nanook.

The conclusion of the investigation into McDonald comes as the Canadian military grapples with an ongoing sexual misconduct crisis.

McDonald's predecessor as chief of the defence staff, Jonathan Vance, is under investigation for separate claims of sexual misconduct. Vance was charged in July with one count of obstruction of justice related to the investigation into his behaviour. ...

Vice-Admiral Craig Baines, the commander of Canada's Navy, has also been criticized after news emerged that he played golf with Vance while the investigation is underway.

https://www.cbc.ca/news/politics/art-mcdonald-investigation-concludes-1....

jerrym

Despite Supreme Court Judge Morris Fish, in a report released in June, recommending that sexual abuse allegations in the military being reviewed by the RCMP, with such  cases should being handled by the civilian judicial sytem and the Liberal government agreeing in principle with all of Fish's findings, the military said today it won't ask RCMP to investigate a rape claim by former military member Stephanie Viau involving Vice-Admiral Haydn Edmundson. Last Friday Minister Sajjan's Ministry of Defence said Admiral Art McDonald would not face charges over sexual misconduct allegations. McDonald had replaced Gen. Jonathan Vance as chief of the defence staff in January. Vance had stepped aside after news of the allegation and investigation went public.

So much for the Liberal's agreeing in principle to Supreme Court Judge's Fish's recommendations. Supreme Court Judge Marie Deschamps reached similar conclusions in 2015. Defence Minister Sajjan also refused to look into a sexual abuse allegation brought to him by Military Ombudsman Gregory Lick, causing Lick to propose legislation that would make the military ombudsman office completely independent of the government so the Defence Minister could not block his attempts to seek justice for sexually abused military personnel. Supreme Court Judge Lousie Arbour's report, due conveniently in December to avoid any impact on the election, no doubt will end up in much the same place, as the Trudeau Liberals focus on what's important -the election, not justice for sexual abuse victims. 

Canada's military has turned down a former military member's request that RCMP officers be asked to investigate her claim that a senior military leader raped her, CBC News has learned.

The move goes against a key recommendation of retired Supreme Court justice Morris Fish's report urging sweeping changes to the military's judicial system. In that report, Fish called on the military to surrender control of sexual assault investigations to civilian authorities until it reforms the way it deals with victims' rights.

When Fish's report was released in late May, Defence Minister Harjit Sajjan said the federal government accepted its recommendations in principle. More than two months later, the military confirms it has yet to hand over a single sexual misconduct investigation to civilian police. ...

In March, former military member Stéphanie Viau alleged her superior Vice-Admiral Haydn Edmundson raped her in 1991 onboard a navy ship docked in Pearl Harbour, Hawaii. She was 19 at the time and Edmundson was a superior and lieutenant commander, she said. Edmundson has denied the allegation and remains on leave with pay from the military.

Viau's lawyer Paul Champ said the military told him it would not ask for RCMP officers to be assigned to the Canadian Forces National Investigation Service (CFNIS) to investigate Viau's case. He said Viau now has to move forward with a military investigation she doesn't trust.

"It's remarkably tone-deaf," said Champ. "It was such a simple request ... It was a reasonable request. I just don't know what they're thinking. If this case can't be handled in the sensitive and independent manner that it requires, how can any woman in the Canadian military come forward and feel confident that her complaint will be investigated properly and thoroughly and decisions will be made in an independent manner?"

The military has been in the midst of a sexual misconduct crisis since January that has swept up multiple senior leaders. The military is starting to release the results of its investigations. ...

On Friday night, the defence department released a statement saying Admiral Art McDonald would not face criminal charges in relation to an investigation into an allegation of sexual misconduct.

https://www.cbc.ca/news/politics/canadian-armed-forces-alleged-rape-seni...

jerrym

The ongoing mess that is the Canadian military and the Trudeau Liberal government continues. The lawyers of Admiral Art McDonald, who voluntarily stepped down as defence chief on Feb. 24 because of the military police investigation following sexual misconduct allegations, released a defiant statement Wednesday saying their client planned to return as chief of the defence staff. This comes after the military police said no charges will be laid against McDonald. However, Defence Minister Harjit Sajjan responded to McDonald's lawyers a few hours later saying he expected the admiral to remain on leave until the government could decide what to do with him.

Lt. General and former Liberal MP Andrew Lindsey said on Power and Politics in an interview that where McDonald stood in terms of his job should have been cleared up a long time ago and that this just further reflects the mess that is the Defence Ministry.

The female officer who made the allegations said she was not surprised at all by the outcome of the investigation and it was why she was reluctant to come forward in the first place. This also illustrates the failure of the military police to deal effectively with senior officers when they are facing sexual misconduct charges and the need for investigations to be done by an independent outside agency. 

I suspect that his lawyers know he won't get his job back, not because of any possilbe offences but because this would hurt the Liberals image as an election is imminent. However, this would enable them to pursue large damages in a court case for loss of his job when there is no charge against him, even if it is only because of the old boys network making sure he doesn't get charged. Some time in the future, after the election, I bet the Liberals will settle out of court with a non-disclosure agreement to make this go away. So the taxpayer will pay to make this go away and the abused will receive no justice. The utter incompetence, if not indifference, of Sajjan shines through all of the sexual misconduct allegations, but what matters for the Liberals is whether they can bury this without it hurting their election charges. They are remarkably good at doing that. They would not even reveal what the nature of the allegations were. Too bad they're not as good at dealing with sexual misconduct in the military. 

A defiant Admiral Art McDonald says he is coming back to his job as defence chief even as the federal government points out it still hasn’t decided his future.

Shortly after the admiral’s lawyers made public the naval officer’s view that he will be back as chief of the defence staff, Defence Minister Harjit Sajjan countered that McDonald will “remain on leave while we review this situation.”

McDonald’s legal team released a statement Wednesday that the naval officer is immediately returning to his job as chief of the defence staff, the top military position.

That came a day after the Privy Council Office released a statement that they had notice from military police that McDonald will not be facing any charges in relation to the allegations of misconduct made earlier this year against him. “A determination on next steps will be made in due course,” noted the PCO, which advises the prime minister’s office.

McDonald voluntarily stepped aside from his job in February after learning that military police were investigating allegations against him. ...

“After consultation with his counsel, Admiral Art McDonald has decided to return to his duties and functions immediately,” noted a statement from his lawyers to the news media. “The complaint was unfounded. The absence of any charges — even Under the Code of Service Discipline — is indicative of the absence of blameworthy conduct. As the investigation revealed, the complaint was groundless.”

But the statement that McDonald was returning to the CDS job came as a surprise to the Canadian Forces and federal government. It is also questionable whether McDonald can simply return to the job because he wants to do so. His appointment is a governor in council and he serves at the pleasure of the government. If the government wants to select someone different for the position it can do so without explanation. ...

Canadian Forces Provost Marshal Brig.-Gen. Simon Trudeau announced Friday that the Canadian Forces National Investigation Service had completed its investigation into allegations of misconduct against McDonald. “The investigation did not reveal evidence to support the laying of charges under either the Code of Service Discipline or the Criminal Code of Canada,” Trudeau stated. ...

The navy officer who originally made the allegations against McDonald said she wasn’t surprised about the outcome of the military police investigation. “I am not surprised as this was exactly why I was reluctant to come forward and why most survivors don’t come forward,” navy Lt. Heather Macdonald, a navy combat systems engineer who has served for 16 years, told Global News. “I feel a little like I’ve gone through hell for nothing.”

https://ottawacitizen.com/news/national/defence-watch/admiral-says-hes-c...

Pondering

I am so sick of this stuff I can only skim read. Did the Me Too" movement only happen in my dreams? I thought we had advanced to "Times Up". 

jerrym

Senior General Dany Fortin, who had led the vaccine campaign, has been charged today with a sexual assault that occurred in 1988, once again illustrating the rot that continues to be perpetuated in Canada's senior military, where eight senior officers accused and some charged with sexual misconduct. Many of the rank and file still do not trust the military justice system from their inability to get such charges laid against assaulters, especially senior officers, own and others they know cases, thereby creating extremely low morale. 

This continues to be a failed system because it involves the military investigating itself and going up the chain of command, despite Supreme Court Judges Marie Deschamps in 2015 and Morris Fish this May, as well as military ombudsman  Gregory Lick, demanding an independent system and taking the investigation process away from the military police, who report, in a conflict of interest, to the senior officers. The utter incompetence, if not indifference, of Sajjan shines through all of the sexual misconduct allegations, but what matters for the Trudeau Liberals is whether they can bury this without it hurting their election chances. Hence Supreme Court Judge Lousie Arbour's report, a fourth report without any signs of systemic change in the military justice system, due of course in December, conveniently after the election, to try to sidestep the issue as voters vote. 

Maj.-Gen. Dany Fortin, the military commander who once led Canada's vaccine rollout, was charged today with one count of sexual assault relating to an incident alleged to have happened decades ago. ...

Fortin said he believes he's the victim of "political calculus" and suggested he was pushed out of his job by Health Minister Patty Hajdu to deflect criticism of the government's handling of past sexual misconduct incidents in the Canadian Armed Forces.

"The decision to remove me from my position was part of a political calculation," he added in French, saying he was told the decision to fire him from his prominent position leading vaccine logistics was driven by the political needs of the governing Liberals. ...

The charge is believed to stem from an incident alleged to have taken place sometime between Jan. 1 and April 30 of 1988, according to his legal team. ...

A two-day federal court hearing on Fortin's challenge is scheduled for Sept. 28 and 29. ...

The charge against Fortin is the latest development in an ongoing sexual misconduct crisis that has engulfed the Canadian military.

Jonathan Vance, Canada's former chief of the defence staff, is facing a charge of obstruction of justice related to an ongoing investigation into allegations of sexual misconduct.

Vance's replacement, Admiral Art McDonald, has been placed on administrative leave following an investigation into separate sexual misconduct allegations, which ended without any charges. The federal government has said it is still reviewing McDonald's situation.

https://www.cbc.ca/news/politics/head-vaccine-rollout-charged-sexual-ass...

jerrym

Former top general Jonathan Vance had his trial postponed this week until October, conveniently after the election so it wouldn't trigger news reports and memories of the sexual allegations against him and other senior officers, as well as how badly Defence Minister Sajjan and the Liberals messed up on sexual misconduct in the military. The military justice system is so screwed up that "legal experts said it would have been virtually impossible to prosecute Vance under disciplinary sections because — as the former highest-ranking member of the Armed Forces — there was no one senior to him who could sit in judgment under military law." So he ended up being charged with obstruction of justice in the investigation into the sexual misconduct. The total mess involving numerous senior officers is another reason for Trudeau calling an early election.

In addition, the former head of the country's vaccine rollout, Maj.-Gen. Dany Fortin, will make his first court appearance on Monday, probably too late to trigger any reaction among voters.

Very timely also, considering two Liberal candidates in Kitchener Centre, Raj Saini and Spadina-Fort York, Kevin Vuong, had also to resign during the election, the last one just this week. 

The criminal case involving the country's former top military commander that went before provincial court in Ontario today has been adjourned until Oct. 15.

Retired general Jonathan Vance was charged by military police in July with one count of obstruction of justice in relation to an investigation into allegations of sexual misconduct.

The Canadian Forces National Investigation Service (CFNIS) did not provide details about the charge but said that it relates to events that happened after the military police began investigating Vance on Feb. 4, 2021.

Provincial court documents released in July allege that Vance "did willfully attempt to obstruct the course of justice in a judicial proceeding by repeatedly contacting Mrs. KB by phone and attempting to persuade her to make false statements about their past relationship to the Canadian Forces National Investigation Service."

"KB" refers to Maj. Kellie Brennan, a staff officer at army headquarters, who told Global News last winter that she and the former chief of the defence staff had an on-again, off-again intimate relationship.

The court hearing was held via video conference. Vance did not attend and was not required to enter a plea. ...

The allegations against Vance — which surfaced two weeks after his retirement after five years in the top defence post — were followed by a cascade of misconduct allegations that have consumed the upper ranks of the military....

His successor, Admiral Art McDonald, voluntarily stepped aside after it was revealed he was under investigation for alleged misconduct. Military police did not lay charges against him — his lawyers have said that was because "there was no reasonable and probable grounds" to charge.

Even though he demanded through his lawyers that he be given his job back, McDonald remains on leave.

The former head of the country's vaccine rollout, Maj.-Gen. Dany Fortin, has been charged with one count sexual assault in relation to a three-decade-old allegation of misconduct.

His case will make its first appearance in a Gatineau, Que. courtroom on Monday. ...

Right from the outset last winter, legal experts said it would have been virtually impossible to prosecute Vance under disciplinary sections because — as the former highest-ranking member of the Armed Forces — there was no one senior to him who could sit in judgment under military law. There is no mechanism or statute that would allow such a case to be heard.

The case against Vance came up on the federal election campaign trail today when Liberal leader Justin Trudeau was asked about it. Citing the court proceedings, he did not answer the question directly but cited his government's efforts to change the military culture and end gender-based violence.

https://www.cbc.ca/news/politics/jonathan-vance-obstruction-justice-arme...

jerrym

ETA: In an example of how much the Trudeau Liberals really want to solve the sexual abuse problem in the military, the government today appointed General Peter Dawe, " who wrote a positive reference letter for a sex offender", as the officer "now back on the job at defence headquarters working on the military’s response to various reviews of sexual misconduct in the Canadian Forces." The sex offender had already convicted "of sexually assaulting a comrade's wife." This was not announced by the government or the senior command but revealed to the media by officers unhappy with the way sexual abuse in the military has been handled for decades. Some officers feel General Dawe was basically given a paid vacation when he was suspended with pay by top General Eyre following the revelation of Dawe's letter of recommendation for a sexual abuser.

No doubt Trudeau, Sajjan and the rest of the Liberal cabinet must feel happy that their sexual abuse in the military problem is solved. Nice timing too with the election just over and no pesky questions about this during the campaign. 

Maj.-Gen. Peter Dawe will review recommendations that will emerge from a new investigation by former Supreme Court justice Louise Arbour, this newspaper confirmed Monday. Arbour will examine ways to eradicate sexual misconduct and harassment in the military. Her independent review was created by the Liberal government in response to high-profile cases of sexual misconduct by senior officers....

Dawe had been on paid leave since May 2 after it became public that in 2017 he wrote a positive character reference to try to influence the sentencing of an officer convicted of sexual assault. That officer, Maj. Jonathan Hamilton, had sexually and physically assaulted the wife of a fellow soldier. Hamilton was sentenced to three years of probation instead of jail time.  But the officer Dawe vouched for was later convicted in connection with another unrelated sexual assault and sentenced to three years in prison.

National defence did not make an announcement about Dawe’s new job. Defence sources, who questioned the ethics of putting Dawe in such a new role, tipped off this newspaper. National defence spokesman Dan Le Bouthillier confirmed the information. The decision to provide Dawe with the new position was made by acting defence chief Gen. Wayne Eyre. Neither Dawe nor Eyre were immediately available for an interview.

But Le Bouthillier noted that Dawe will also be involved in a review of the recommendations put forth in 2015 by former Supreme Court justice Marie Deschamps as well as the recent report from former Supreme Court justice Morris Fish. Deschamps found that sexual misconduct was rampant in the Canadian military. Earlier this year, she said the military ignored many of her recommendations.

Fish, who conducted a review of the military justice system, backed up Deschamps’ initial findings. His report tabled in June found that the “nature, extent and human cost of sexual misconduct in the CAF remain as debilitating, as rampant and as destructive in 2021 as they were in 2015.”

Le Bouthillier said Dawe’s work in the new job “will enable decision making and help ensure these recommendations are implemented in a timely, deliberate manner.”

Eyre declined to punish Dawe for his actions, instead sending him on paid leave. Some soldiers privately suggested that Eyre essentially gave Dawe a paid vacation. The major general received $68,000 in pay during that time he had the summer months off. ...

The details about what Dawe had done in 2017 only emerged publicly after the CBC aired a report on April 28 of this year. ...

Eyre’s initial reaction to the CBC report was to issue a statement of strong support for Dawe, noting he had full confidence in the major general. ...

When that didn’t quell the growing anger in the military community about Dawe’s actions, Eyre released another statement, again supporting the general, but also noting Dawe would go to his new job as Director General International Security Policy (DGIS Pol) sooner than scheduled. Deputy Minister Jody Thomas also noted her support for Dawe in the same statement.

But that only fuelled anger among Canadian Forces personnel, who viewed the lack of any punishment as further evidence of a double standard between the treatment of senior officers and lower ranks.

https://ottawacitizen.com/news/national/defence-watch/general-who-suppor...

jerrym

Here are some examples of cartoons involving sexual harassment and sexual abuse in the Canadian military and how it is ignored by the system

https://shop.thechronicleherald.ca/Cartoon-Reprint-of-Military-Sexual-Ha...

Malcolm Mayes has a couple of these cartoons in his series of cartoons
https://edmontonjournal.com/opinion/editorials/malcolm-mayes-cartoons-fo...

"Women in Combat" cartoonshows the same kind of discrimination in the American military
http://womenpandb.weebly.com/women-in-combat.html

The Military Sexual Assault cartoons also show how the system fails to deal with sexual abuse
https://www.cartoonistgroup.com/subject/The-Military+sexual+assault-Comi...

jerrym

After not announcing the appointment of General Peter Dawe, who had been suspended from command for six months for writing a positive letter of reference for a convicted sexual offender who had sexually assaulted a comrade's wife, Trudeau and Defence Minister Sajjan continued to fail to provide any explanation 24 hours later for why General Dawe was chosen to lead the review of sexual offences in the military. The silence is deafening as the outrage in the rank and file military grows. 

Defence Minister Harjit Sajjan's office is standing by the military's decision to reassign a senior officer who wrote a reference for a convicted sex offender to a new job that involves reviewing ways to eliminate sexual misconduct from the Canadian Armed Forces.

Yet survivors and experts of military sexual misconduct are expressing outrage over Maj.-Gen. Peter Dawe’s new role, saying it raises even more questions about the Armed Forces’ ability and commitment to addressing the problem. ...

"This decision clearly illustrates an inability to think rationally about the (military sexual trauma) file and the challenges it presents," said Sam Samplonius of It's Not Just 700, which represents survivors of military sexual misconduct.

 

"This decision also perpetuates the perspective that the senior officers are more concerned with taking care of each other at the expense of others."

Dawe was relieved as commander of Canada's special forces in April when the CBC reported that he had written a character reference four years earlier for a soldier convicted of sexually assaulting a comrade’s wife. ...

Yet the Defence Department on Tuesday confirmed an Ottawa Citizen report that Dawe has since been tasked with collecting and reviewing recommendations from three separate external reviews conducted by retired Supreme Court justices.

Two of those reviews — one conducted in 2015 by Marie Deschamps and the other that is currently underway and being led by Louise Arbour — deal specifically with the question of addressing military sexual misconduct.

The third by Morris Fish was released in June and is focused on the military justice system, but also includes substantial sections on addressing inappropriate and illegal sexual behaviour in the ranks. ...

While Sajjan in April had questioned what he described as a "serious lapse in judgment" by Dawe, spokesman Daniel Minden on Tuesday indicated the minister’s office stood by Eyre’s decision to assign him to the new post. ...

However, Samplonius and others questioned not only the absence of any previous announcement that Dawe was being reassigned, but also the message that his new appointment has sent to victims of military sexual misconduct.

"It is outrageous that a service member who wrote a letter in support of an accused perpetrator of sexual assault with the explicit intent of reducing his sentence will be put in any sort of leadership role related to military sexual violence," said Megan MacKenzie, an expert on military sexual misconduct at Simon Fraser University in B.C.

"It's an insult to victims and clear signal that this institution does not have the will or the ability to address systemic sexual misconduct in the ranks."

Charlotte Duval-Lantoine of the Canadian Global Affairs Institute suggested Dawe’s assignment could actually be a punishment of sorts given that he is not in a command position, and that the situation raises a big question: What to do with officers who show poor judgment but don’t actually break any rules?

"Is what Dawe did a fireable offence?" Duval-Lantoine said. "I don’t think the military believes so. Then, what do you do with him? The question is complex, but the solution Eyre came up with is not the right one. It shows that there is a dearth of big picture, strategic thinking here."

https://www.timescolonist.com/islander/sajjan-stands-by-military-amid-ou...

 

 

jerrym

With an exponentially growing level of anger over the appointment of General Peter Dawe, who "placed on leave from his role as commander of the Special Forces in May after CBC News reported that he had written a positive character reference for a soldier facing sentencing for sexually assaulting a retired soldier", the military has dropped him "from his new role working on the military's response to reviews of sexual misconduct in the Canadian Armed Forces."

Even yesterday Defence Minister Sajjan's spokesman who said he just heard of Dawe's appointment, said he stood by Dawe's appointment to review sexual abuse, showing how out of touch he truly is.

The fact that top General Eyre appointed Dawe, who had been directly in charge of earlier in Dawe's career years ago and the fact that Eyre also went golfing with previous top General Vance after he had been removed from his post because of sexual misconduct allegations (https://www.theglobeandmail.com/politics/article-navy-commander-who-golf...), shows that there is a powerful Good Old Boys network operating in the senior Canadian military that will do virtually anything to protect their own.

The fact that Defence Minister Sajjan won't say whether he knew about the appointment of General Dawe to carry out the review of sexual misconduct in the military after he wrote a letter of recommendation to an already convicted senior officer, means he has no control over what is going on in the military (the kindest and most unlikely interpretation) or he saw this as perfectly okay. In other words, he is another Good Old Boy who is willing to let the military do whatever it wants without telling him or he is actually allowing this to go on with his full knowledge, not just of this case, but of six years of sexual abuse problems despite being warned by two Supreme Court judges reports, the military ombudsman and many others. 

The Defence Minister should never again be a former member of the military and its Good Old Boy network. 

Journalists reported Monday that Dawe quietly returned to work in the role. The move shocked and disappointed current and former military members who have experienced sexual trauma in the forces. They called the move tone deaf and demanded an explanation.

The story also caused division in the ranks after the military failed to explain its rationale or issue a public statement about his return to work on Sept. 15 — until late Tuesday night. ...

In a statement issued just after 9.30 p.m. ET Tuesday, the Vice Chief of the Defence Staff, Lt.-Gen. Frances Allen, apologized for the handling of the case and said Dawe will no longer be in that role.

Instead, he will hold discussions with survivors of sexual misconduct to determine how he can contribute to cultural change in the military, Allen's statement said. "Many, including Canadian Armed Forces members, victims, survivors and stakeholders, were informed of Major-General Dawe's return to the workplace through the media," Allen wrote. "This is not in keeping with our commitment to transparency. I recognize and apologize for the harm this has caused. The release of this news should have been handled by us with greater care and consideration."...

The military is in the midst of a sexual misconduct crisis with a series of senior leaders off on leave in connection to various allegations. The military and defence department has promised cultural change, but this latest move is a setback, according to experts who study military culture.

Simon Fraser University professor Megan MacKenzie said she was "disgusted," saying the handling of Dawe's case signals the military is doubling down to protect senior leaders. 

 

While Allen made the recommendation, it was the Acting Chief of Defence Staff, Gen. Wayne Eyre, who made the decision to move Dawe into this role, according to the defence minister's office. Eyre himself came in for criticism in the spring for protecting Dawe and issued his own apology. The Ottawa Citizen has reported that Eyre was the top-serving officer responsible for Dawe's regiment — the Princess Patricia's Canadian Light Infantry (PPCLI) — when he issued the character reference letter for a convicted sex offender, a former soldier. ...

Defence Minister Harjit Sajjan's office still hasn't said if the minister was advised about the military's latest decision to move Dawe into the new role....

"These are not the actions of men who are taking sexual misconduct and harassment seriously," NDP MPs Randall Garrison and Lindsay Mathyssen wrote in a media statement.​

 

Conservative MP James Bezan, the party's defence critic, said Sajjan needs to say if he was aware of the military's decision to put Dawe in the role. During the past year, the Conservatives have repeatedly called on Sajjan to resign or for Trudeau to fire him. "It's clear that Harjit Sajjan has failed the women and men of the Canadian Armed Forces," Bezan said. "Mr. Sajjan must answer if he was aware of this decision. The buck stops with him." ...

Support groups for military members who have experienced sexual trauma say they've lost trust in the department over the latest news about Dawe's new role. Survivor Perspective Consulting Group is a volunteer group that provides survivor-based training and workshops on handling sexual misconduct. Its co-founder, Maj. Donna Riguidel, said that news of Dawe's appointment made her volunteers feel "silenced and ignored again." "Canada deserves an effective military, and the people who serve in uniform deserve leadership they can trust," she said.

https://www.cbc.ca/news/politics/sajjan-military-sexual-misconduct-crisi...

jerrym

The appointment of General Peter Dawe to be involved in review of sexual misconduct in the military following his writing a letter of reference for a charged military sexual offender is leading to strong criticism and anger among sexual misconduct survivors. 

"The main feeling behind it is just one of confusion and surprise and shock," said Annalise Schamuhn who was sexually assaulted by Hamilton. "The people who are genuinely hurting, who have lost a lot of faith in the system, they can look at this and just see how potentially tone-deaf it comes across."

The military is in the midst of a sexual misconduct crisis, with several senior leaders on leave with pay amid allegations. Canada's former top military commander, retired general Jonathan Vance, is charged with one count of obstruction of justice in relation to an investigation into allegations of sexual misconduct that he denies. His successor, Admiral Art McDonald, was placed on leave amid an investigation into sexual misconduct claims that he denies and which didn't lead to criminal charges. ...

Megan MacKenzie, a professor at Simon Fraser University who studies military culture, said Dawe's appointment has sowed fresh doubt over the forces' ability to clean up misconduct within its ranks.  "I don't even know if I have the right words to express how disgusted and disappointed I am," said MacKenzie. "I have very low expectations at this point, quite frankly — but even for my low expectations, it's so disappointing," MacKenzie said. "There is no rationale for putting someone in this position other than doubling down and showing the defence force is going to protect their own, they're going to protect their senior leaders."...

Kevin Schamuhn, the husband of Annalise Schamuhn and a retired major, said the military needs to offer a complete explanation of the decision to choose Dawe for the role. Schamuhn served in Dawe's chain of command when he wrote the letter. "I think that absent an explanation, the military's at risk of losing even more credibility on this issue," he said. ...

Leah West, who also experienced sexual assault during her 10-year military career, said she too was surprised by his new role. "I think to just put him in this position without any kind of explanation or any kind of statement from him, without why he feels that he's overcome those blind spots or is now the right person for this job, is somewhat tone-deaf," said West, who is now an assistant professor of international affairs at Carleton University. ...

A peer support group for those who've experienced military sexual trauma — called It's Not Just 700 — said Dawe's new role "further erodes trust. As a community, we have no choice but to wonder how [Maj.-Gen.] Dawe can possibly make unbiased report recommendations," wrote the group's co-chair Sam Samplonious.  "The plethora of messages we have received, and tweets posted indicate that he does not have the trust of those still serving, and he certainly does not have the trust of those that have been traumatized from military sexual misconduct."

https://www.cbc.ca/news/politics/peter-dawe-sexual-misconduct-review-1.6...

jerrym

In June 2021, Cmdr. Danny Croucher became the second head of a military school to be temporarily removed during an investigation. These are the guys chosen to head military schools? No wonder the military is f----- up when it comes to sexual abuse.

Cmdr. Danny Croucher is the second head of a military school to be temporarily removed during an investigation.

In a statement, the Royal Canadian Navy confirmed Croucher was investigated but did not reveal further details, citing privacy rules. Croucher currently is working as part of the COVID-19 response and management team with the Maritime Forces Atlantic, the navy said.

"Cmdr. Croucher was investigated in 2020 for an alleged breach of conduct," said Lt.-Cmdr. Jordan Holder, director of navy public affairs. "As this was an administrative action, results and subsequent actions (if any) are protected under the Privacy Act.

"Any and all forms of misconduct are completely unacceptable and have no place in the Canadian Armed Forces. These behaviours negatively impact our collective well-being, morale and operational effectiveness."

The navy said Croucher has declined to respond to CBC News' request for a comment.

Sources said the navy is taking "administrative action" against Croucher, who has served with the military for 28 years. According to the Canadian Armed Forces' website, administrative action could lead to a series of outcomes, including remedial measures, a job transfer, reversion in rank or release from the military.

Croucher is the second head of a military training school in recent months to be temporarily removed from a job during an investigation, according to sources. Global News reported in May that Lt.-Col. Raphaël Guay stepped aside from his job as commandant of the Canadian Forces School of Military Intelligence over alleged misconduct.

The Canadian Armed Forces is in the midst of a crisis over its handling of sexual misconduct and several senior leaders are under investigation. The acting chief of the defence staff, Lt.-Gen. Wayne Eyre, has said aspects of Canada's military culture "must and will change" and has rolled out a new external review.

https://www.cbc.ca/news/politics/former-head-navy-training-school-invest...

jerrym

It now turns out that Commander Danny Croucher, who was the second head of a military school to be investigated for sexual abuse, had his request to voluntarily leave the military signed off on by someone higher up the change, which violates military regulations. He then obtained a job as a civilian at the same base. According to military law expert and retired colonel Michel Drapeau "The military acted as if they were above the law and can do as it wishes. ...Somebody at national defence headquarters within the directorate of military career administration played ball with this ... Here we are, a senior officer who somehow escaped accountability."

The entire senior military command is a Good Old Boys network that condones or even engages in sexual abuse without any repercussions.

And heading it all is Minister Sajjan, who must go and never be replaced by another military officer as the whole system is too incestuous. 

Defence Minister Harjit Sajjan has ordered a review of the rapid release of a former navy commander who was under investigation for sexual misconduct and is now back working as a civilian at the naval base in Halifax. The move comes after CBC News first contacted the Department of National Defence (DND) about retired commander Danny Croucher's case....

In June 2020, the navy temporarily removed Croucher from his job as head of the Naval Warfare School at CFB Halifax, the defence department confirmed. He was removed from his post after a complaint was lodged against Croucher alleging he made inappropriate and harmful comments said to be sexual in nature, multiple sources with knowledge of the case said.

Sources said a subsequent investigation found wrongdoing on Croucher's part. Sources said he was expected to receive a so-called "5-F" — an involuntary release from the military. Instead, multiple sources confirmed Croucher's request for a voluntary release was granted, permitting him to land a civilian job at the base in June.

CBC News has now learned the Canadian Armed Forces is reviewing the case to determine whether it broke its own rules. At the very least, it appears the military flouted the spirit of its own regulations by signing off on Croucher's request to voluntarily leave the navy before his case reached the discipline stage.

CBC requested comment from Croucher but received no reply. DND said it has confirmed he is declining comment at this time. ...

The Queen's Regulations and Orders state that if a "commanding officer" or the "Chief of Defence Staff" signs off on a voluntary release, they must certify it's not to allow the military member to avoid consequences for misconduct. 

"For this to happen, someone made it happen," said Drapeau. "Someone facilitated a release on request as opposed to compulsory release as someone failed in duty. "Somebody got a free pass. It shows a lack of social intelligence, common sense, certainly awareness and respect ... It's almost a daily drip of news stories of senior leadership's failure to be sensitive."

This is the second instance this week of the media learning that a senior military leader caught up in the sexual misconduct crisis quietly started work in a new role. The vice chief of defence staff apologized late Tuesday night for mishandling Maj.-Gen. Peter Dawe's return to work on the sexual misconduct file. Dawe has been on leave since May after CBC revealed he wrote a positive character reference in 2017 for a soldier convicted of sexual assault.

Charlotte Duval-Lantoine of the Canadian Global Affairs Institute said this case shows how deeply rooted the problem of sexual misconduct is within the military. "There are some discipline issues for which the military doesn't really consider clearly a problem of the ethics and that other people can can get away with some behavioural problems and grossly unethical conduct," she said.

https://www.cbc.ca/news/politics/danny-croucher-new-civlian-job-miscondu...

jerrym

Trudeau did his usual in response to the ever growing military sexual scandal by saying that "Canada’s military leaders “still don’t get it” when it comes to fighting sexual misconduct within their ranks", following General Peter Dawe's appointment to review sexual misconduct even though he had written a letter of recommendation for a senior officer charged with sexual abuse. This is of course is true but fails to deal with the problem that Defence Minster Sajjan and Trudeau himself don't get it either by failing to do a major overhaul of the senior military leadership for six years, starting with Supreme Court Marie Deschamps' report in 2015 describing the extent of the rot in the military. This is the same strategy employed with every problem the Trudeau Liberals face - blame someone else for the entire problem, as in the case of the residential schools where Trudeau attacks the Catholic Church but does not deal with the government's role in creating the system, or the We scandal, where we were told to believe its all We's fault.

“It’s the pot calling the kettle black here,” said Charlotte Duval-Lantoine, a fellow at the Canadian Global Affairs Institute and an expert on sexual misconduct in the military. “If you come to the realization today that the military still doesn’t get it, then my question to Justin Trudeau would be, well, what are you going to do about it?”

https://www.thestar.com/politics/federal/2021/10/06/senior-military-offi...

jerrym

The mess that is the Canadian military so-called justice system is illustrated by the court cases yesterday of Admiral Art McDonald and Major General Dany Fortin, who briefly led the vaccination campaign until he too was charged with sexual misconduct going back 30 years. McDonald  became Canada’s top military commander after being promoted to chief of the defence staff when the previous chief of defence staff  Jonathan Vance, who evidence shows had been involved in known sexual misconduct cases going back to the 1990s and, as a result, has been charged, was belatedly forced out by the Trudeau Liberals in January. McDonald was quickly replaced by General Eyre. Eyre has been criticized for playing golf with Vance after his dismissal and a series of highly questionable decisions related to other sexual abuse cases, including appointing General Peter Dawe, who had written a letter of recommendation for a convicted sexual abuser, to review military. sexual abuse The military police, whose record of not charging almost any officer with sexual misconduct no matter the evidence is decades long, now say that there is not enough evidence to charge McDonald. Because of this, McDonald is now demanding his old job back as top military officer. So is McDonald's case, one of government over-reaction or the much more likely situation of the military police being the encore of a system that three Supreme Court judges and two military ombudsman separately have found to ignore sexual abuse repeatedly? After all, McDonald was not even interviewed by the military police about the allegations.

The Canadian Armed Forces has been embroiled in a wider sexual-misconduct controversy, particularly in recent months. Several senior commanders have been placed under investigation or put on leave. And criminal charges have been laid against former chief of the defence staff Jonathan Vance and Major-General Dany Fortin, who led the federal government’s COVID-19 vaccine rollout.

Adm. McDonald said what should matter most in his situation is that he submitted himself to a process that resulted in him being cleared of charges. He argued if the outcome of that process is to mean anything, he should be reinstated. ...

In August, the Canadian Armed Forces’ Provost Marshal said the CFNIS investigation did not reveal evidence to support laying criminal or military code-of-conduct charges against Adm. McDonald. No details of the probe were released. But the federal government then put the admiral on leave. In its Aug. 12 order, Ottawa said all governor-in-council appointees “have an obligation to act in a manner that will bear the closest public scrutiny, an obligation that is not fully discharged by simply acting within the law.” ...

McDonald said he did not speak to military police. “I did not do an interview. I was willing to do an interview. But in making arrangements for me to possibly interview, the CFNIS was unwilling to share details of the allegations or even identify the accuser. And therefore based on the advice of my lawyers, I didn’t do an interview.”

Leah West, an assistant professor of international affairs at Carleton University who served in the Canadian Armed Forces from 2002 to 2012, said: “We are a hierarchy and there are now two men at the pinnacle – although one is performing the duties and the other is not. Speaking of Adm. McDonald, she said, “The fact that the process cleared him of criminal wrongdoing does not make him necessarily the best person to lead the Canadian Armed Forces,” Prof. West said. “The question is now, at this period in time, given everything that has happened – who is the best person to lead?” ...

Megan MacKenzie, a Simon Fraser University professor who specializes in military culture, says she doesn’t give much weight to the CFNIS process. “The military justice system has not been set up to hold senior leaders accountable,” she said. “Everyone deserves a fair justice system – but that is not possible, internal to the military right now.” ...

naval Lieutenant Heather Macdonald had come forward publicly to identify herself as the complainant. The combat systems engineer said she raised the incident after the admiral’s appointment. She told Global News that the news of no charges being laid left her disappointed – although not surprised. “This was exactly why I was reluctant to come forward.”

https://www.theglobeandmail.com/canada/article-a-four-star-dilemma-atop-...

jerrym

In the second case before the courts yesterday, Major General Dany Fortin, who briefly led the vaccination campaign until he too was charged with sexual misconduct going back 30 years, is also demanding his job back because of political interference, claiming he was treated unfairly by the military justice system that has allowed sexual abuse to go unchecked for many decades. Fortin argues that the Trudeau Liberal government fired him in an effort to show it was cleaning up the sexual abuse problem as soon as a 30 year old allegation arose without a moment of investigation solely because it was better for their political chances with an election coming. However, The Federal Court of Canada yesterday "told Maj.-Gen. Dany Fortin that the military grievance process is the appropriate avenue to address his claim that political interference led to his removal as head of the vaccine rollout." So, whether guilty or innocent, Fortin is to be judged by the military judicial system, a system so flawed that two Supreme Court judges and two military ombudsmen have said that sexual abuse cases should be taken out of its jurisdiction and handed over to civilian courts. 

In a written ruling released today, Justice Anne Marie McDonald said the career soldier had not fully taken advantage of the redress mechanism already in place for members of the Armed Forces. "I conclude that this is an appropriate case for the Court to exercise restraint," she wrote. Maj.-Gen. Fortin "must exhaust the internal grievance process prior to seeking a remedy in this Court," she added. ...

Fortin was removed as the head of the vaccine rollout task force last May, two months after an investigation was launched into a complaint of sexual misconduct against him. ...

He went to court to challenge the decision to remove him from his temporary role leading the vaccine rollout at the Public Health Agency of Canada (PHAC) after the military decided to hand his case over to Quebec prosecutors.

His lawyers argued his dismissal was due to political interference and were asking that their client be restored to his former position or to something equivalent. Fortin's legal team also argued that the military grievance process is too cumbersome a vehicle to deal with a case like his.

The judge disagreed. "In my view, the high-profile nature of [Maj.-Gen.] Fortin's position and the allegations of political interference are not exceptional circumstances that allow him to bypass the internal grievance process," McDonald wrote.

As a consequence, the justice has sided with federal lawyers and granted the government's request to strike down the application for a judicial review. ...

Rodriguez said she and her client maintain that the military grievance process cannot quash a decision made outside of the military chain of command and that the redress system lacks authority over the government ministers who chose to remove Fortin from his secondment.

https://www.cbc.ca/news/politics/dany-fortin-vaccine-sexual-misconduct-1...

jerrym

Another day, another general. This time it's Lt.-Gen. Trevor Cadieu, who was set to be sworn in as the head of Canada's army. He is now being investigated for sexual misconduct. That brings to twelve the number of generals and senior commanders, including two commanders of military schools where officers are trained, who have been investigated for sexual misconduct since the beginning of the year.

Although this allegation of sexual misconduct occurred on September 5th during the election campaign, it was not revealed to the public by the government, but only yesterday thanks to the Ottawa Citizen. How convenient for the Trudeau Liberals and bedevilled Defence Minister Sajjan, who now admits he knew about the allegation on September fifth, that this was not revealed during the election campaign, thereby enabling the government not to have another sexual misconduct story come out during the election. 

The Canadian military has postponed the appointment of its next commander of the army because the man it picked for the role is being investigated for misconduct.

Lt.-Gen. Trevor Cadieu was set to be sworn in as the head of Canada's army at a ceremony in September.

The military says the event was cancelled when it learned on Sept. 5 that its internal investigation department was looking into "historical allegations" made against Cadieu.

"The postponement of the ceremony is not an indictment of Lt.-Gen. Cadieu. However, in light of the ongoing investigation, a decision was made to allow the justice system to pursue the matter in accordance with the rule of law," said the Department of National Defence and the Canadian Armed Forces in a news statement.

The Ottawa Citizen was first to report on the investigation into Cadieu. The newspaper said he is being investigated over allegations of sexual misconduct.

Cadieu has denied any wrongdoing.

"The allegations are false, but they must be investigated thoroughly to expose the truth," Cadieu said in a news statement. ...

"It is not shocking at this point to see another case of sexual misconduct," said Charlotte Duval-Lantoine, a fellow at the Canadian Global Affairs Institute who studies military leadership. She said the number of allegations and investigations that have come to light in recent months may be a result of increased scrutiny by investigators. "The fact that we're seeing cases after cases is not a surprise at all," Duval-Lantoine said.

The controversies have prompted calls for the resignation of Defence Minister Harjit Sajjan. His office said Sajjan was also made aware of the investigation into Cadieu on Sept. 5. "As the investigation is ongoing, it would be inappropriate for us to comment any further," said a spokesperson in an email to CBC News.

https://www.cbc.ca/news/politics/cadieu-commander-ceremony-postponed-1.6...

jerrym

On CTV's Power Play yesterday Charlotte Duval-Antoine, of the Canadian Global Affairs Institute, said that Admiral Art McDonald's comment that since the investigation into his alleged sexual abuse could not find enough evidence to charge, he was exonerated and should be given back his command of the entire Canadian military shows a deep sense of entitlement on his part. Not finding enough evidence to charge him she argued still does not leave any doubt about his inability to lead a necessary culture change in the Canadian military. If he was allowed to do so it create an even greater sense of distrust among members of the military in her opinion.

jerrym

Today Adm. Art McDonald's  letter to senior military officials, in the view of Chief of Staff General Eyre is "shocking", thereby confirming  Charlotte Duval-Antoine of the Canadian Global Affairs Institute opinion discussed in the last post that McDonald was no longer suitable for the job. 

A letter sent by Adm. Art McDonald to senior military officials claiming he has been exonerated on an allegation of sexual assault and should be immediately reinstated is "shocking," says Canada's acting top soldier.

Gen. Wayne Eyre, acting chief of the defence staff, responded to the letter sent by McDonald in his own letter to senior staff, which was shared with Global News. McDonald was placed on indefinite leave by the government and is waging amid an increasingly public battle to return to the top post.

"We must remember that in a democracy the military is subordinate to our duly elected civilian leadership. This fundamental is paramount to our profession. I was asked to act as Chief of the Defence Staff on February 25, and I will continue in that role until told otherwise by our civilian leadership," wrote Eyre in the letter on Friday.

"To that end, this shocking letter changes nothing with respect to our vital work of defending our nation, changing our culture, and preparing for the threats ahead."

One defence official told Global News that McDonald neither consulted nor informed Eyre of his plans to send out the contentious letter.

Defence Minister Harjit Sajjan said in a statement to Global News on Friday that the message sent by McDonald "is inappropriate and unacceptable."

"In Canada, civilians provide necessary oversight of the military and decide who is best suited to lead the armed forces" Sajjan said. "McDonald’s email does not reflect this, nor does it reflect the need to put survivors and victims of sexual misconduct first.”

https://www.msn.com/en-ca/news/newspolitics/adm-art-mcdonald-letter-to-s...

jerrym

Shortly after being appointed to review sexual abuse in the Canadian military, former Supreme Court judge said in a classic understatement "it will be difficult to get enough "buy-in" from the military to make it work. "

Trudeau's response to the crisis has been that he was awaiting former Supreme Court judge Louise Arbour's report, which is expected in December, safely after the September election and six years after Supreme Court Justice Marie Deschamps clearly outlined the problems that persist until today and less than a year after another former Supreme Court Justice, Morris Fish identified the same problems in his report.  As the military ombudsman Gregory Lick said, the country and abused personnel need action, not words, after Minister of Defence Sajjan failed to deal with the sexual abuse case brought to him by the previous military ombudsman, Gary Walbourne: "Gregory Lick says “vested political interests” complicate the office’s work — often just prior to elections or in times of crisis — and suggests the ombudsman’s office be removed from under the authority of the minister of national defence." (https://globalnews.ca/news/7968673/canadian-forces-sexual-misconduct-mil...)

I expect words and little but symbolic action, hallmarks of Trudeau's reign, after Arbour reports in December. 

"Frankly, this is not a problem that is unique to the Armed Forces," Louise Arbour told CBC News Network's Power & Politics today. "We're not doing exactly brilliantly, I think, in the eradication and prosecution of sexual harassment, sexual offences, sexual misbehaviour.

"But in this particular subculture, I think it's very challenging to get the buy-in to put in a system that will work."

Arbour told host Vassy Kapelos that her review has three goals. The first is to look into the existing system for reporting sexual misconduct and determine where it falls short, while the second is to provide recommendations for a new system. 

She said that work will include looking at the "continued barriers" preventing people from coming forward and will examine existing mechanisms for reporting misconduct.

The third goal will be to look at the military's leadership to see if it's up to the challenge. 

"I am going to look at the entire recruitment, training, performance, evaluation and promotion, particularly to the higher ranks of command positions, to see whether that is facilitating this profound culture change that has to take place, or whether we are looking at an institution that still is blind to this very toxic environment," she said. 

https://www.cbc.ca/news/politics/louise-arbour-sexual-misconduct-review-...

jerrym

Another day, and once again only a few days after the last case of sexual misconduct by a general was revealed and which was kept quiet by the Trudeau Liberal government until after the election although it became known on September 5th during the election (see post #77) for details, another general is accused of sexual misconduct.  Once again this only came to the public's attention after a reporter asked about whether Whelan would be put on leave because of the sexual misconduct allegations. Lt. Gen. Steven Whelan, who was brought in to replace another senior officer, is under investigation for sexual misconduct. Whelan was in charge of eliminating 'harmful and inappropriate behaviour' in the Canadian Forces". Defence Minister Sajjan and Trudeau decided to keep Whelan on the job when it an allegation of sexual abuse was brought forward on June 2nd while it was investigated. This was in spite of the fact that both Whelan and his predecessor had been chiefs of military personnel where they could reward allies with promtions or punish those who spoke up about sexual misconduct or other issues. Mighty convenient for Trudeau and Sajjan that neither this case or that of General Cadieu came to light before or during the election.

The Canadian Forces National Investigation Service received an allegation of sexual misconduct against Lt.-Gen. Steven Whelan, the Canadian Forces confirmed Friday night. “The investigation is ongoing and no further information can be released,” it added in a statement.

Whelan is chief of military personnel and had been brought into that job earlier this year to take over from Vice-Adm. Haydn Edmundson. Edmundson went on leave in March after military police started an investigation into an allegation from a former sailor that the naval officer had sexually assaulted her.

Defence Minister Harjit Sajjan and Acting Chief of the Defence Staff Gen. Wayne Eyre were informed on June 2 that Whelan was being investigated. The decision was made to keep the lieutenant general on the job.  It was only after the Globe and Mail newspaper asked questions about Whelan on Friday that it was announced he would be put on leave. Both Eyre and Sajjan have faced criticism from survivors about failing to deal with sexual misconduct in the senior ranks. ...

Earlier this week this newspaper revealed Lt.-Gen. Trevor Cadieu, who was to take command of the Canadian Army, is now under police investigation after allegations were raised about sexual misconduct. Cadieu has denied any wrongdoing. ...

The Canadian Forces has faced criticism about its decisions to hide investigations about alleged sexual misconduct by senior leaders.

The military personnel command that Whelan led was in charge of eliminating “harmful and inappropriate behaviour” in the Canadian Forces as well as recruiting.

https://ottawacitizen.com/news/national/defence-watch/general-who-replac...

jerrym

Today Defence Minister Anand moved sexual misconduct cases from the military court system to the civilian courts. Although a long-overdue change, the fact that she made this major change on Twitter tells you she and the Liberal government did not want to answer media or opposition questions over the six years it took to implement this change after former Supreme Court justice Marie Deschamps recommended creating an independent agency to handle reports of sexual misconduct and provide support to victims in 2015, followed by former Supreme Court Justice Morris Fish recommended sexual misconduct cases be dealt with in civilian court. The failure of former Defence Minister Sajjan to deal with this situation not only represents his ineptitude on this file but also why the Defence Minister should not be a former military member because those connections lead to what often happens when a member of a culture is expected to be the agent of reform.

The failure of Trudeau to do anything on this file until after the election illustrates his strong tendency to view any problem through only a political lens, resulting in problems not being dealt with even when they have reached crisis mode. 

Unfortunately, such a strongly imbedded culture will take a generation to eliminate. The fact that the Trudeau Liberals wasted a third of generation doing nothing about the problem, following generations of nothing being done on the issue, only makes it worse. 

The investigation and prosecution of sexual-misconduct cases in the Canadian Armed Forces will be moved from the military justice system to the civilian system, following years of calls for such a change.

Defence Minister Anita Anand announced the decision Thursday, in a letter to former Supreme Court justice Louise Arbour. Ms. Arbour is in the midst of conducting a review of sexual misconduct and harassment in the Canadian Armed Forces (CAF) and the Department of National Defence.

Explainer: Which of Canada’s top military officers are accused of sexual misconduct so far? A continuing list

Survivors and legal experts familiar with the Canadian military justice system’s handling of sexual assault have long called for such cases to be dealt within the civilian system. The government is acting after Ms. Arbour included a move to civilian justice in a set of interim recommendations she sent to former defence minister Harjit Sajjan on Oct. 20. (Ms. Arbour’s final recommendations are expected in the spring.)

Ms. Anand, who was appointed Defence Minister last week, said in her letter that the Defence team would “begin work immediately to implement” Ms. Arbour’s recommendations. ...

In her recommendations to Mr. Sajjan, Ms. Arbour noted allegations of sexual misconduct against senior CAF leaders. She wrote that related probes by the Canadian Forces National Investigation Service, which is the investigative arm of Canada’s military police, have led her to conclude that “immediate remedial actions are necessary” to restore trust in the Forces.

Sexual misconduct in the military has been an ongoing concern for the past several years. Recently, allegations against high-ranking officials have added urgency to calls for reform. The Canadian Forces National Investigation Service probed sexual-misconduct allegations against former chief of the defence staff Jonathan Vance earlier this year. Mr. Vance’s successor in the role, Art McDonald, stepped down in February after a separate sexual-misconduct allegation. Neither man faced charges in those cases, though Mr. Vance was separately charged with obstruction of justice.

https://www.theglobeandmail.com/politics/article-military-sexual-assault...

jerrym

Approximately 145 military sexual misconduct cases could be handed over to civilian police instead of being dealt with by the military police because rank and file members of the military were "skeptical of the independence and competence of military police".

Quote:
Roughly 145 cases of sexual misconduct allegations involving Canadian Armed Forces members so far could be transferred to civilian police to investigate, as a result of a recommendation of former Supreme Court judge Louise Arbour in an interim report on military sexual misconduct.

Defence Minister Anita Anand announced last week she would act on a recommendation to transfer military sexual misconduct cases to civilian police to investigate and to civilian courts for prosecution.
Bresolin said military police are now reviewing each investigation to see which cases should be handed over. The cases that will be transferred involve sexual assault allegations or other criminal offences of a sexual nature, the office said.

The government has not yet set up a process to transfer cases to the civilian judicial system. The provost marshal's office said it is "already engaged" with senior leaders at the RCMP and police chiefs across Canada on a path forward. Another meeting is scheduled for later this month.

In the meantime, military police investigators are continuing to investigate sexual misconduct cases to determine if charges can be laid under the National Defence Act, Bresolin said. ...
Since early February 2021, at least seven senior military leaders have been investigated by CFNIS over allegations of sexual misconduct. Three others were placed on leave over their handling of sexual misconduct files. Another commander was subjected to a unit disciplinary investigation. ...
Arbour issued a letter to Anand's predecessor Harjit Sajjan at the end of October saying recurrent allegations of historical sexual misconduct against senior military leaders led her to "conclude that immediate remedial actions are necessary to start restoring trust" in the Canadian Armed Forces.

She said that during her review she heard from sexual misconduct survivors who said they were skeptical of the independence and competence of military police. "This perception is pervasive in the CAF and the DND and, I believe, a large segment of public opinion," wrote Arbour. "It has created serious mistrust in the military justice system and, in particular, in the investigative phase."


https://www.cbc.ca/news/politics/number-of-sexual-misconduct-investigati...

jerrym

The Trudeau Liberal government has appointed Gen. Wayne Eyre, who has held the top job on an interim basis since February, as Canada's permanent (or at least as permanent as this job gets considering its recent history) chief of defence staff, after firing Adm. Art McDonald. But Eyre, like all of his recent predecessors, comes with his own baggage. He allegedly gave permission for senior officers to play golf with alleged sexual abuser and former top general Jonathan Vance according to one of the generals who resigned over this but claimed he had permission from Eyre. Also, Eyre had quietly appointed General Peter Dawe to head the personnel office. Dawe had written a positive letter of reference for  an officer found guilty of sexual assault. All of this raises questions about Eyre's ability to lead the cultural change urgently needed in the military with regard to sexual abuse where "almost 19,000 claims have been submitted in sexual misconduct lawsuits". (https://www.thestar.com/politics/federal/2021/11/25/almost-19000-claims-...)

The federal government has fired Adm. Art McDonald as chief of the defence staff, replacing him with the officer who had been serving as the interim leader of the Canadian Armed Forces. The appointment of Gen. Wayne Eyre, who has held the top job on an interim basis since February, was announced Thursday by the Prime Minister’s Office. ...

McDonald stepped aside from the top job in February after military police began investigating an allegation against him of sexual misconduct. In August, the military police said McDonald would not face any criminal or disciplinary charges as a result of the investigation. However, the government kept McDonald on leave pending a review.  That decision prompted McDonald to mount a public campaign to get his job back. He recently sent a letter expressing that desire to all senior military officers, a move that Anand described as “shocking” and “unacceptable” on Thursday. ...

Eyre’s tenure since February has not been without its missteps on the sexual misconduct file. In June, it was revealed that then-vice chief of the defence staff Mike Rouleau and commander of the navy Craig Baines went on a golf trip with Vance. The outing was especially problematic as Vance was under investigation by military police, who report to the vice chief. Rouleau, whose term was almost over, subsequently resigned amid public outrage. He told staff in a note that he met with senior officers under investigation with the “full knowledge and consent” of Eyre, though Eyre said he was unaware of the golf trip until it was made public.

Last month, it was revealed that the military had quietly appointed Maj.-Gen. Peter Dawe to a position helping to co-ordinate culture change efforts. Dawe had been on leave as head of special forces since May, after CBC News reported that he had written a positive character reference in 2017 at the sentencing of a soldier found guilty of sexual assault. The news of his appointment prompted Prime Minister Justin Trudeau to say that military brass “simply still don’t get it” on sexual misconduct. Dawe was removed from the position.

https://www.thestar.com/politics/federal/2021/11/25/wayne-eyre-appointed...

jerrym

A surprising stat: over 40% of the military sexual misconduct almost 19,000 claims submitted by survivors or victims are men. Since the military is still a predominantly male organization, perhaps not as quite astonishing after reflection.

Unsurprisingly, following after military police said there was not enough evidence to charge former chief of staff Art McDonald, current chief of staff General Wayne Eyre said no administrative penalty would be taken against McDonald. "Former Supreme Court of Canada justice Morris Fish warned in June it is “legally impossible” for the military to criminally charge someone at the rank of chief of the defence staff." The Old Boys Senior military network has their asses well protected (pun intended) but the rank and file do not.

More than 40 per cent of the nearly 19,000 claims submitted by survivors and victims of military sexual misconduct are from men, says Gen. Wayne Eyre.

In an interview with The West Block‘s Mercedes Stephenson, Eyre said the scope of the claims submitted through that process demonstrate the fact that the problem is one that everyone in the Canadian Forces must work to address — even though there are no easy answers.

“The scope speaks to the depth of the issue,” Eyre said.“I think it’s also important to note that the latest stats I’ve seen, 42 per cent are men, and that speaks to this not being just a woman’s issue. It’s an issue for all of us to address. It’s an issue of power dynamics as well that speak to an element that we have to fix.” ...

McDonald stepped aside voluntarily in late February after military police announced they were opening an investigation into an allegation of sexual misconduct made against him. McDonald has denied the allegation and the investigation ended this summer without charges. Military police cited a lack of evidence, and shortly after, McDonald launched what became an increasingly public battle to try to return to the duties of the role. ...

Eyre said the military is not currently looking at any administrative penalties against McDonald in relation to the allegation of sexual misconduct made against him.

Former Supreme Court of Canada justice Morris Fish warned in June it is “legally impossible” for the military to criminally charge someone at the rank of chief of the defence staff.

https://globalnews.ca/news/8405606/canadian-forces-sexual-misconduct-cla...

jerrym

At least two people who complained about facing sexual misconduct in the military say that "they were denied a chance at justice when the Canadian Forces Provost Marshal closed their cases against senior military officers without laying charges — because the men accused of raping them declined to be interviewed." In one case this occurred even though investigators wanted to lay charges but "military prosecutors who reviewed the case recommended no charges because the complainant's testimony was the only evidence." Fearing reprisals, both have asked the CBC not to reveal their names, thereby raising the question of how many others have said nothing about similar cases because of fear of reprisals against them.

Furthermore "Both women said they were stunned to learn that their cases were closed on the very same day — Nov. 4 — that Defence Minister Anita Anand announced that all ongoing military sexual misconduct cases would be transferred to civilian police to investigate." raising the question of whether even the handing over of cases to civilian authority has become another way of covering up military sexual misconduct, especially on the part of senior officers. 

In one of the cases, the complainant — a now-retired member of the Canadian Armed Forces (CAF) — said she was told that while investigators wanted to lay sexual assault charges, military prosecutors who reviewed the case recommended no charges because the complainant's testimony was the only evidence.

The second complainant — a still-serving CAF member — recently reported the closure of her case to the Military Police Complaints Commission (MPCC), a civilian oversight body.

"The [sergeant] stated that the case 'hinged on hearing from him that something happened,' indicating that because they did not compel the perpetrator to an interview that the case was not viable," her complaint reads.

"This does not make any sense to me whatsoever. I was sexually assaulted and now I am being told they can't lay charges because they haven't spoken to the perpetrator?"

Fearing career reprisals, the two complainants asked CBC News to keep their identities confidential; one complainant said she did not want to jeopardize any administrative action that could be taken against the accused. CBC has reviewed a series of documents and spoken to others whom the complainants informed about the allegations.

Both women said they were stunned to learn that their cases were closed on the very same day — Nov. 4 — that Defence Minister Anita Anand announced that all ongoing military sexual misconduct cases would be transferred to civilian police to investigate.

The provost marshal told CBC News that nothing prevents military members from filing new complaints with civilian police services if military investigators decline to lay charges. The complainants say that amounts to military police passing the buck and forcing them to start from square one.

"That is putting a responsibility on me, the victim of a crime, to do exactly what the CAF has been instructed to do by the minister of national defence," said one of the complainants. ...

One of the complainants who spoke to CBC News said that she believes her case was closed that day to keep it from being transferred to civilian authorities "in an attempt to conceal the incompetent nature of the investigation." She said she wonders how many other sexual misconduct cases in the military were closed around the same time. ...

The complainant who is still serving in the military reported to the CFNIS in May that she was sexually assaulted by a senior officer in February 2020. The alleged perpetrator was her superior and was supervising her while they were in another province for temporary duty.

In her complaint to the MPCC, she wrote that during her initial interview, the CFNIS investigator asked her what she was wearing on the night of the sexual assault and how much she'd had to drink. She called it victim-blaming.

In the second, unrelated case, the retired military member reported a rape from early in her career — almost two decades previous. She said she was in her early 20s when her direct supervisor walked her back to her room after a mess hall event at a training base, when she was visibly distraught, crying and intoxicated. ...

The retired military member said a CFNIS investigator told her that because the only evidence was her testimony — and because she made her report so long after the event — she would not be seen as credible during a trial.

https://www.cbc.ca/news/politics/canadian-armed-forces-sexual-assault-su...

jerrym

Today the former head of human resources (HR) in the Canadian military, Vice-Admiral Haydn Edmundson, has been sexual assault and indecent acts. As HR head in the military he had the power to punish anyone who spoke up about military sexual misconduct. Edmundson was removed from his HR position in March after allegations surfaced in the media. His replacement, Lt.-Gen. Steven Whelan, stepped aside due to sexual misconduct allegations against him in October. The senior military command appears to have been rotten to the core. 

Military police have laid criminal charges against the Canadian Armed Forces' former head of human resources despite the Liberal government having said it would transfer the investigation and prosecution of sexual misconduct cases to civilian authorities.

The Canadian Forces National Investigation Service announced on Tuesday that Vice-Admiral Haydn Edmundson has been charged with one count of sexual assault and one count of indecent acts.

The charges come just over a month after Defence Minister Anita Anand announced she had accepted retired Supreme Court justice Louise Arbour's call to have criminal cases involving sexual misconduct transferred from military to civilian jurisdiction. ...

Edmundson stepped down as head of military personnel command in March due to a police investigation after a CBC report of an alleged sexual assault in 1991. His lawyer, Brian Greenspan, denied the allegations on Tuesday. ...

The CBC has reported the allegation against Edmundson was brought forward by a retired Canadian Forces member. Her lawyer, Paul Champ, declined to comment "other than to say we will wait for justice to take its course."

The Armed Forces has been battered for months with reports and headlines about inappropriate sexual behaviour involving senior commanders, which has left the military reeling and its top ranks in turmoil.

After Edmundson stepped down, he was replaced in May by Lt.-Gen. Steven Whelan as head of military personnel command, which has oversight over everything from recruitment and training to promotions and health care.

Whelan stepped aside in October due to a military police investigation into an allegation of sexual misconduct. He has also denied any wrongdoing.

https://www.ctvnews.ca/politics/military-s-former-head-of-human-resource...

jerrym

Today Liberal Defence Minister Anita Anand and Chief of Staff General Wayne Eyre apologized to those who sexually abused while serving in the military and then suffered decades of failure to bring accountability to the abusers. Survivors say they are happy to finally hear an apology but they want action, not just words.
Apologies without action on accountability and compensation are cheap, so I am waiting to see is meaningful reform and accountability occur, especially when the head of the military, General Eyre, saw fit to go golfing with former chief of staff and abuser General Jonathan Vance because he was suffering mental strain from his loss of position and reputation when he was fired. Eyre was also involved in the appointment of General Peter Dawe to be involved in review of sexual misconduct in the military following his writing a letter of reference for a charged military sexual offender. Is Anand also trying to mitigate against the almost 19,000 claims (see post #85 for more details) of sexual abuse as they head to court because of the failure to deal with them previously?

Canada's defence minister, top military commander and senior defence bureaucrat today delivered a long-awaited and history-making apology to the women and men whose lives were scarred by sexual assault, misconduct and discrimination within the military. The official apology — presented by Defence Minister Anita Anand, Gen. Wayne Eyre and deputy defence minister Jody Thomas on the government's behalf — was livestreamed within the Department of National Defence and on Facebook.

"This misconduct and abuse of power led to a crisis of broken trust" in the leadership of the Department of National Defence, said Anand. "I am apologizing to you on behalf of the Government of Canada. We must acknowledge the pain and trauma that so many have endured because the very institution charged with protecting and defending our country has not always protected and defended its own members." ...

Anand said she was also apologizing on behalf of "those elected officials who throughout the history of the Canadian Armed Forces had the responsibility to protect you and who failed to do so."

Anand said the government's regrets extend to the thousands of Canadians "who were harmed because your government did not protect you, nor did we ensure that the right systems were in place to ensure justice and accountability."

 

jerrym

The following article says it will take five years to change the military culture with regard to sexual misconduct. I hope I am wrong but I think it will take a generation, if it succeeds at all as rape and pillage for the victors have been part of global military culture since ancient times.

The chief of professionalism and conduct in the Canadian Armed Forces is planning a five-year campaign to overhaul the military's culture to put an end to sexual misconduct.

But Lt.-Gen. Jennie Carignan acknowledges that she and others leading the charge within the Department of National Defence have yet to define what constitutes success in the battle against sexual misconduct and inappropriate behaviour.

The definition of success is a loose one at the moment — the point at which people working in the military "feel psychologically safe showing up to work every day," Carignan told a technical briefing for journalists Thursday.

"So this is what success looks like," she said. "This is the vision that we are setting forward."

Carignan said she believes it will take five years to institute "effective, irreversible, positive changes" in a military system that has resisted efforts to change it for decades.

The briefing, delivered by Carignan and Denise Preston, the head of the Sexual Misconduct Response Centre (SMRC), comes in the wake an history-making apology from the federal government to those who've experienced sexual misconduct and discrimination. Survivors of sexual assault and critics greeted the apology cautiously, saying they need to see proof of change.

https://www.cbc.ca/news/politics/sexual-misconduct-military-carignan-1.6...

 

jerrym

Sexual misconduct investigations, of which there are 28 (out of almost 19,000 military personnel claiming they were abused) close to completion, will remain under the military system. It will be interesting to see if any of these involve many of the senior officials and whether their treatment will be similar to those handed over to the civilian court system. Are any of these cases further examples of what has been seen already time and time again, with senior officers overlooking or downplaying the seriousness of sexual misconduct by other senior officers. 

The Canadian Armed Forces' top prosecutor says he expects more than two dozen criminal cases in which sexual misconduct charges have already been laid will remain with the military's justice system.

Col. Dylan Kerr says that expectation is based on consultations with victims after retired Supreme Court justice Louise Arbour called for military police to hand over such cases to civilian authorities.

Arbour, whose recommendation was accepted by Defence Minister Anita Anand last month, made an exception for investigations close to completion.

In an exclusive interview with The Canadian Press, Kerr says military police are now working on the transfer of sexual misconduct investigations to civilian counterparts and that he does not anticipate any new cases of the sort to land on his desk.

But Kerr says there are 29 cases in which such charges have already been laid, and the victims in all of those cases have so far agreed to press ahead through the military justice system.

Kerr says he is not surprised the victims opted to stick with the military system as they already had several opportunities even before Arbour's recommendation to have their cases handled in civilian court.

He also says there are risks when it comes to moving cases from one system to the other after charges have already been laid, including the potential for delays as courts in provinces like Ontario struggle with backlogs.

https://www.ctvnews.ca/politics/prosecutor-expects-29-sex-misconduct-cas...

jerrym

The more things change, the more they stay the same, at least in the Canadian military as two more female officers, Lt.-Cmdr. Nicole Dugas and Lt.-Cmdr. Jennifer McGean, leave the military after finding senior officers were not held to account in yet another case of sexual misconduct. 

Two senior female officers say they are leaving the military because the commander of Canada's Atlantic fleet refused to hold three key subordinates to account for mismanaging and attempting to cover up a sexual misconduct case, CBC News has learned. 

Lt.-Cmdr. Nicole Dugas said she's ending her 12-year navy career after losing all trust in Rear-Admiral Brian Santarpia and the entire institution.

"It would have been easier to simply continue to endure the sexual misconduct and the sexual harassment rather than to report and and go through that," said Dugas. "If you're not holding people accountable from that top level, nothing is ever going to change.

Lt.-Cmdr. Jennifer McGean, who supported Dugas and her chain of command during the case, said she's also leaving the navy because she can no longer tolerate how the military handles accusations of sexual misconduct.

"I can't as a senior officer continue spouting what I know is lies — that it's safe to report, that you will get support and you'll be protected," said McGean, who has served more than 30 years.

Dugas claims her boss, Cmdr. Ian Bye, sexually harassed her and abused his position of power as a senior officer in charge of base administration. He was charged with making a sexual comment in the mess on Oct. 22, 2020, given a written warning and fined $1,500.

The navy released Bye in July 2021 as "unsuitable for further service" following an administrative review, according to a letter sent to Dugas. But three other senior, male officers involved in the handling of Dugas' misconduct case were not held accountable, Dugas and McGean claim.

Dugas, an executive officer, said she felt pressure from a officer superior in rank to not report the alleged sexual harassment and shared a partial recording of that conversation with Santarpia.

Despite that evidence, Santarpia sided with his male senior officers at CFB Halifax.

"I don't think it's fair to hold them to account …" Santarpia told Dugas in September 2021, according to a recording of their call Dugas shared with CBC News. "I honestly don't believe there was malicious intent in any way ... I think it's important we balance the intent against the impact." ...

Dugas claims that Bye was frequently seen drinking at lunch at the mess in the early fall of 2020 when he was president of the mess, which gave him access to a bar tab paid for by the membership. CBC News has obtained monthly mess records that show there was overspending on that account between September and October of 2020.

Dugas alleged that Bye made a comment with sexual overtones in late September 2020 in private — that she'd be surprised to learn what activities he'd accept in return for a better performance review — and that in the following month he talked about a suite he had on the base that he referred to as his "sex room."

In a statement issued to CBC News, Bye acknowledged making one "inappropriate" comment in the mess but insisted that the other allegations against him are "either misconstrued, taken out of context, or false." He also said his use of his bar tab at the mess was "in accordance with the procedures and precedent in effect at the time."

CBC News spoke to four other Canadian Armed Forces members, including McGean, who said Dugas told them about the alleged sexual harassment at the time. McGean said it got to the point where Dugas was locking herself in her office after Bye returned from the mess because she felt unsafe at work.

Dugas claims Cmdr. J.J. Doyle and Cmdr. Patrick Perks — senior officers who were not in Dugas' chain of command at the time — drank with Bye at the mess and witnessed him making inappropriate sexual comments in front of her, which included talking about his "sex room" and inviting her to his place on the weekend. ...

 

Dugas claims that on two occasions after an inappropriate comment from Bye, Perks joked that she had asked for it because she chose to be transferred to that unit.

Dugas said that during a phone conversation on Oct. 27, 2020, Doyle asked repeatedly if he could speak to Bye privately to give him a chance to change his behaviour.

CBC News was given a roughly 12-minute audio recording of part of Doyle's call with Dugas, who said she started recording about 10 minutes into the conversation. ...

"I 100 per cent believe the intent of the call was to convince me to not report the incidents that I had endured," Dugas told CBC News.

https://www.cbc.ca/news/politics/claims-rear-admiral-santarpia-failed-to...

jerrym

Further  evidence came today that when it comes to the Canadian military, the more things change, the more they stay the same, even when a senior officer is convicted of a crime, as occurred today with former chief of staff Jonathan Vance. He was sentenced to 80 hours of community service, the same amount of hours high school students must do in order to graduate, after pleading guilty on Wednesday to one charge of obstruction of justice. The extreme penalty for a man who broke military law when he failed to disclose he had a relationship with a junior officer when questioned by military police and even denied he had a son by the relationship until DNA proved otherwise. He further obstructed justice by pushing the junior rank to lie about what happened. The judge despite saying the charges were serious: “It is serious because it is breach of trust,” he said. “It is serious because it impacts all Canadian society to see a commander of your stature behave in this manner. It is serious because it has personal impacts”.  However, the judge went on to say he thought Vance was “a man of good character” and did not want to besmirch him with a criminal record and therefore gave him a conditional discharge and "was still in a position to contribute to society." Perhaps the judge also felt sorry for Vance because the defence counsel noted that Vance would suffer severely from not being able to participate in the money bonanza of being an advisor and lobbyist for the defence industry and jobs in government after retirement.  With his lawyer doing all the talking, Vance said only two words at trial. The elite certainly take care of their own.

If this is the kind of penalty senior officers get if caught, I doubt if any are worrying about getting caught in sexual misconduct or obstruction of justice. Unfortunately, I don't think the rank and file in the military are made to feel any more comfortable about the prospects of them facing sexual exploitation by more senior officers. 

Ontario Justice Robert Wadden delivered the sentence, which also includes 12 months of probation, during a virtual court appearance in which the former Canadian Armed Forces commander appeared by video.

“You’ve pled guilty before me to one count of obstruction of justice, and I find you guilty of that offence,” Wadden told Vance before agreeing to a conditional discharge of the case, meaning Vance will not have a criminal record. Wadden described Vance’s action as a “serious offence,” particularly given his position of authority as Canada’s top military commander for more than five years. “It is serious because it is breach of trust,” he said. “It is serious because it impacts all Canadian society to see a commander of your stature behave in this manner. It is serious because it has personal impacts.”

Yet the judge, in granting the conditional discharge, also said that Vance appeared to be “a man of good character” who had contributed to Canada’s mission in Afghanistan and the Canadian Armed Forces during his career. Wadden added he believed Vance, dressed in a suit and tie and wearing glasses, was still in a position to contribute to society. ...

Vance’s relationship with Brennan first became public in February 2021 when Global News reported two separate allegations of sexual misconduct against him, only weeks after Vance stepped down as defence chief. One of those involved a lewd email that Vance allegedly sent to a junior Armed Forces member in 2012, and which was raised with then-defence minister Harjit Sajjan by the military ombudsman in 2018. Vance has previously declined requests for comment from The Canadian Press, but Global News reported he denied wrongdoing. The other involved his relationship with Brennan, which the statement of facts says started while they worked together in CFB Gagetown in New Brunswick in 2001 and continued until around the time he retired.

The statement says Vance “promoted a false narrative” by denying the extent of his sexual relationship with Brennan when Global contacted him for comment, and “encouraged Ms. Brennan to perpetuate his lie.” That included denying the two had sex while working together in Toronto and Ottawa. ...

In requesting a discharge, Sellar had argued to Wadden that his client entered a guilty plea at the earliest opportunity and had already suffered significant financial and reputational damage that will continue for the foreseeable future.

“Obviously defence spending is going to be greatly increased,” Sellar said at one point.“A lifetime of very remunerating contracts and contacts that his international reputation and experience could provide to potential suitors to the Canadian military, those may well have been extinguished.”

https://torontosun.com/news/national/ex-chief-of-defence-staff-jonathan-...

jerrym

Louise Arbour's report released today on the Canadian military's sexual abuse scandal concludes that "The top ranks of the Canadian Armed Forces are “incapable” of recognizing the “deficient” parts of a culture that keep sexual misconduct and abuse of power entrenched". She recommends that military sexual abuse cases should be handled in civilian courts and notes that there are too many white men in senior positions in the military.

In her 403-page report, Arbour describes an institution that is fundamentally out of sync with the values of Canadian society, and which poses a “liability” to the country.

“Firmly entrenched in its historical way of life, the military has failed to keep pace with the values and expectations of a pluralistic Canadian society, increasingly sophisticated about the imperative of the rule of law,” Arbour wrote.

“Operating as a totally self-regulated, self-administered organization, entirely reliant on deference to authority, it has failed to align with the ever-changing, progressive society we live in. This disconnect is a liability for the CAF and for Canada.” ...

Arbour said the military was not yet ready to accept the findings of the landmark 2015 Deschamps report, which documented sexual misconduct as “endemic” in its ranks.

Now, the military has no choice, she said. ...

With the military facing what experts call an existential crisis, Arbour said change is essential but will require the political will to act. ...

With 48 recommendations, Arbour’s report charts out a new path to fundamentally change the way military sexual misconduct allegations are reported and handled to restore confidence in the Canadian Forces, which is struggling to recruit new members amid the controversy....

She said she received more than 4,000 documents and conducted hundreds of interviews and meetings with stakeholders in order to shape the report. Arbour recommended someone be appointed to implement all of her recommendations.

She said all are interconnected and their success will rely on all recommendations being put in place together in order to fundamentally change the landscape and culture of the military.

Defence Minister Anita Anand said at a news conference on Monday that she will appoint an independent official to oversee the implementation of recommendations.

“The external monitor will report directly to me and will publish regular public reports,” she said.

“Our response to all of these recommendations will be clear open and collaborative.”

Key in that will be an emphasis on civilian review and transparency, including greater details on how bureaucrats investigate allegations against senior governor-in-council appointees.

“In my view, two things could derail the path to significant change. The first would be to assume that this is only attributable to a culture of misogyny, and that change will come naturally with time and more enlightened attitudes. The second would be for the CAF to think that it can fix its broken system alone,” Arbour said in the report.

“The long-established way of doing business in the CAF is anchored in operational imperatives that are often nothing more than assumptions. One of the dangers of the model under which the CAF continues to operate is the high likelihood that some of its members are more at risk of harm, on a day to day basis, from their comrades than from the enemy. This must change.”...

Arbour also recommended the military’s formal definition of sexual misconduct be “abolished” as it currently “is too broad a term” that captures everything from sexual assault and harassment to the many microaggressions that are the “weapons of choice for the expression of discriminatory views, harmful stereotypes and even unconscious biases.”

The military should bring its definition in line with the wording of the Criminal Code, with sexual assault included as a standalone item in the definitions sections of the relevant CAF policies.

Furthermore, Criminal Code sexual offences should be removed from the jurisdiction of the CAF, Arbour said. They should be prosecuted exclusively in civilian criminal courts in all cases.

Meanwhile, the military’s colleges, RMC Kingston and RMC Saint-Jean, should also be subject to review, Arbour said in her report. “The military colleges appear as institutions from a different era, with an outdated and problematic leadership model. There are legitimate reasons to question the wisdom of maintaining the existence of these military colleges, as they currently exist,” she said.

“There is a real risk that the perpetuation of a discriminatory culture at the colleges will slow the momentum for culture change the CAF has embarked upon. There is enough evidence that military colleges are not delivering on their mandate that I believe alternatives must be explored with an open mind.”

Arbour also recommends the defence minister examine what efforts are being made to correct the over-representation of white men in high-ranking positions, and create a system of progressive targets for the promotion of women to increase the number of women in each rank, including top ones. ...

While I have listed 17 of Madame Arbour’s recommendations that are in progress or which will be acted on immediately, this is just the beginning of our response. We will act quickly to analyze, review and plan our responses to each and every one of Madame Arbour’s recommendations,” Anand said. “The time for action is now and together we will deliver reforms that stand the test of time to strengthen, grow and improve this crucial institution.”

https://globalnews.ca/news/8872532/louise-arbour-report-canadian-forces-...

jerrym

Lt. General Trevor Cadieux, who went to the war in Ukraine, has been charged with two counts of sexual assault. "Retired military personnel have heaped praise on Cadieu over the past eight months." 

This tells how systemic the entire sexual misconduct is in the Canadian military.

A retired lieutenant general who is now in Ukraine has been charged with two counts of sexual assault related to an alleged incident at the Royal Military College in 1994.

Trevor Cadieu was facing allegations of sexual assault and was under investigation by military police when the Canadian military senior leadership approved his request to retire as of April 5. He travelled to Ukraine shortly after to volunteer for that country’s military which is battling a Russian invasion.

The Canadian Forces Provost Marshal’s office issued a statement Wednesday that Cadieu had been charged with two counts of sexual assault. He had been under investigation since September 2021.

Cadieu has been accused of raping an 18-year-old female student at the Royal Military College in 1994. He was a senior cadet at the time of the alleged incident. The young woman had just started her education at Royal Military College.

Cadieu noted in an email to this newspaper Wednesday that he has been informed of the charges. “I am making arrangements to return to Canada from Ukraine, and I will continue to cooperate with this process, as I have from the start,” he stated.

In a previous statement to this newspaper he has strenuously denied any wrongdoing and has said the allegations against him are false.

“This matter will now proceed through the civilian justice system and no further information can be released at this time,” noted the statement from the Canadian Forces Provost Marshal.

The Canadian Forces National Investigation Service retained control over the investigation as civilian police opted not to accept it since it was already close to being completed.

Cadieu, in a statement in April to the CBC, portrayed his decision to retire from the Canadian military as being for the best. “I have opted to release (from the Canadian military) and am exploring other opportunities to contribute to the greater good,” he noted.

Retired military personnel have heaped praise on Cadieu over the past eight months.

Retired Brig.-Gen. James Cox issued a supportive tweet Oct. 13, 2021, when news emerged that Cadieu was under military police investigation. “Now LGen Trevor Cadieux has been accused of misconduct. I’m beginning to smell a rat,” tweeted Cox, a fellow at the Norman Paterson School at Carleton University. “This is getting into the realm of BS, or sedition to undermine national leadership.”

Others in the military community lamented Cadieu’s recent retirement from the military. “Unlike many of the other generals in the media lately, I would argue this was absolutely a loss to the CAF,” military sexual assault survivor Annalise Schamuhn, a retired captain, tweeted April 22.

Retired Lt.-Gen. Mike Day praised Cadieu, stating in an April 21 tweet that not only was Cadieu the most competent officer he had ever worked with, but he also handled the current situation with “compassion for his accuser.”

Cadieu’s alleged victim has challenged that claim, adding that she had to request a legal order to prevent Cadieu from contacting her.

Cadieu was to have taken over command of the Canadian army last September but that was derailed after military police began an investigation into what they termed an “historical allegations.”

In a July 11, 2021 email to his alleged victim, Cadieu acknowledged the harm he had caused her. Cadieu wrote that Chief of the Defence Staff Gen. Wayne Eyre had been informed by other officers about the victim’s allegations. “The CDS can’t ignore what he’s been told,” Cadieu wrote to the woman, a former Canadian Forces member. “Naturally, as painful as it is to write this, the CDS needs to makes (sic) decisions about my ability to continue to serve.”

In a previous email sent to Cadieu, this newspaper asked the lieutenant general to comment on his July 11 message to the alleged victim in which he informed her the chief of the defence chief had been told of the allegations. Cadieu responded to this newspaper that, “the information in your email to me contains inaccuracies and, to the best of my knowledge, is unrelated to the allegation that the NIS is investigating

Eyre later promoted Cadieu and named him to lead the army.

That appointment was derailed by the sexual assault allegations.

The Canadian Forces and DND insist that Eyre was never informed of any issues about Cadieu until his meeting with military police in September 2020. Once he was told of the allegations on Sept. 5, then Eyre acted immediately, according to the DND.

https://ottawacitizen.com/news/national/defence-watch/retired-lt-gen-tre...

jerrym

A new report by three retired judges found that sexual abuse was and is also widespread in the RCMP with "Women working with RCMP suffered 'shocking' levels of violence, sex assaults" with civilian female employees, volunteers, and students, who were classified as the lowest of the low, being treated even worse than RCMP female officers. So not only sexism and racism involved, but also classism. The fact that of an estimated 3,500 potential claimants to a sexual abuse compensation, only 562 applied and only 417 received compensation, shows both how badly designed the compensation program was and how often the traumatized abused were unable to escape their trauma and demand justice.

As usual current RCMP commissioner Brenda Lucki followed the ignoble tradition of RCMP commissioners, the military, and the federal government of only acknowledging the problem when the evidence is so staggering it can no longer be denied. 

The $20 million in compensation from the federal government seems miniscule compared to the number of abused and no doubt involved the many delays and disqualifications that is typical of the Trudeau and Harper governments.

Workplace pornography, sexual assault, racial slurs and grooming: those were some of the abuses suffered by women who worked and volunteered with the RCMP, according to a scathing report authored by three retired judges.

The final report was prepared as part of a class-action lawsuit against the RCMP filed by former civilian employees, volunteers and students who faced gender-based discrimination, harassment and assault between 1974 and 2019.

Although the federal government set aside $100 million to compensate the estimated 3,500 potential claimants, only about $20 million was awarded to 417 of the 562 women who came forward. 

The low number of claimants could be attributed to the effects of the COVID-19 pandemic, fear of retribution and an RCMP culture that derides reporting mistreatment, the assessors surmised.

The assessors found a "shocking" level of violence and sexual assaults — many of which took place at RCMP detachments — reported in many of the claims. 

"The culture within RCMP workplaces tolerated misogyny, homophobia and a range of other prejudices and deeply objectionable misconduct within its ranks and leadership," wrote retired justice Pamela Kirkpatrick in a letter last week to RCMP Commissioner Brenda Lucki.

After the report's release last week, Lucki acknowledged the "significant harm" suffered by claimants and called their experiences "unacceptable."

"Fostering a healthy and inclusive culture where every person who works for and with the RCMP is recognized for their contributions regardless of their role, identity or category of employee is a top priority," wrote Lucki. "I will not accept anything less."

The claimants, wrote Kirkpatrick, were "united by the harassment" they experienced "across every decade" and in every province and territory.

"The all-too-common attitude was that women were in the workplace for the sexual amusement and gratification of male members," reads part of the 45-page report.

"Pornography was a regular feature of harassment."

The lawsuit is known as the Tiller settlement, for lead plaintiff Cheryl Tiller, who worked for the force as a stenographer in Yorkton, Sask., and was sexually harassed and touched by an RCMP sergeant in 2007.

The Tiller findings come 18 months after what was known as the Merlo-Davidson report authored by former Supreme Court of Canada justice Michel ​Bastarache.

In 2016, the federal government set aside $100 million to cover the claims of former members.

That first RCMP class-action settlement covered female officers who faced gender-based discrimination, harassment and assault.

At the end of that process, 2,304 women were compensated. More than $125 million was paid to claimants and their lawyers with each victim eligible for a payout of between $10,000 and $220,000, depending on the level of harassment suffered.

Unique to the more recent Tiller claimants was their place in the hierarchy, far below uniformed members. They were treated as "the lowest of the low," according to the report, which offers recommendations to minimize sexual and gender-based harassment and discrimination in RCMP workplaces.

"This report underscores the urgency of that work and acknowledges the pain and trauma caused by harassment and a range of deeply objectionable and unsafe conduct in RCMP workplaces, which has persisted for too long," wrote Kirkpatrick.

While they support the recommendations that came from the Merlo-Davidson report, the assessors issued new ones tailored to address the women who came forward in the Tiller action. 

RECOMMENDATIONS:

  • Acknowledge, examine, identify and rectify the systemic barriers that perpetuate and prolong the unreported and unaddressed harassment of women in RCMP workplaces. 
  • Establish an effective, independent and external process for receiving and investigating complaints of harassment committed by RCMP members and employees. 
  • Initiate and design a co-ordinated complaints process between the RCMP and those third parties with employees, contractors,or volunteers actively engaged with the RCMP. 
  • When designing the co-ordinated complaints procedure, include the position of a dedicated complaints facilitator to provide potential complainants with guidance.
  • Ensure drug and alcohol awareness programs are in place across the RCMP and are available to all who work alongside the RCMP. 
  • Provide enhanced training and education across the organization for an integrated, respectful and accountable workplace. 
  • Conduct a review of workplace security in order to ensure the safety and security of women in RCMP workplaces.

Minister of Public Safety Marco Mendicino acknowledged the significant power imbalances suffered by the women and said his government is working with the RCMP to review the recommendations and implement "relevant changes."

"We're supporting the RCMP's hiring of an external expert to carry out a review of conduct measures, ensuring they meet high standards when it comes to fairness, transparency and effectiveness," wrote the minister.

https://www.cbc.ca/news/canada/calgary/rcmp-class-action-tiller-civilian...

jerrym

The following cartoon celebrates the victory, admittedly partial in nature, of the women's movement over the sexual abuse of senior Canadian military officers at National Defence. 

Paladin1

jerrym wrote:
This tells how systemic the entire sexual misconduct is in the Canadian military.

I'd say yes and no.

It's human nature to defend our friends and family when they're accused of something. Many of us here would do it as well.

Do I think they should do it in uniform? No because they're representing the CAF anytime they appear in public. The Twitter "these comments are my own" doesn't fly.

Clearly a huge problem with sexual misconduct in the CAF but we also need to treat everyone as innocent until proven guilty. That's a right seldom afforded people in equal measure though.

epaulo13

Anger grows as Canadian military officers rally around general accused of sexual assault

Survivors of military sexual assaults are sounding the alarm about serving officers, including a chaplain and a Canadian Forces lawyer, who have taken to social media to support a retired general accused of rape.

Survivors say the support for retired Lt. Gen. Trevor Cadieu from those who are supposed to help victims and punish perpetrators shows Canadian Forces leadership continues to fail in its efforts to deal with sexual misconduct.

Cadieu has been accused of raping a female student at a military college in 1994. He recently returned from Ukraine, was arrested and then was released. Cadieu is expected to appear in provincial court in Kingston in August to face two counts of sexual assault.

A second retired officer, Cory Gelowitz, has been charged with one count of sexual assault.

The charges stem from a complaint filed in September with the Canadian Forces National Investigation Service by a retired female military officer who attended the Royal Military College. She alleges she was raped in her room at RMC by two men who were senior cadets.

Cadieu has denied any wrongdoing. Gelowitz did not respond to a request for comment. The charges have not been proven in court.

A recent LinkedIn post by retired Canadian special forces officer James Chorley prompted anger among sexual assault survivors. Chorley highlighted a CBC article about charges laid against Cadieu, noting the “accusation and media-based guilty verdict of people like Trevor is both distasteful and ridiculous.”

Chorley’s comment was “liked” by 15 serving military officers and National Defence employees, including senior chaplain Lt. Col. Marc Torchinsky, Col. Ryan Smith, chief of staff at 4th Canadian Division, Lt. Col. Keith Reichert of the judge advocate general’s office, public affairs officer Dan Thomas, force development director Col. Scott Gillingham, Lt. Col. Clay Rook and Philipe Leclerc, a National Defence strategic advisor, among others.....

kropotkin1951

The good news is that these are the people who trained the Ukrainian military on procedures that promote feminism. Canada loves to talk the talk but never walks the walk.

Canada’s military experience: gender equality in action

Among our allies, the Canadian Armed Forces are regarded as leaders on gender issues in the military. Women participate meaningfully in virtually all aspects of domestic and international missions. The Canadian Armed Forces have developed and implemented policies of equal opportunity and are making considerable effort to attract greater numbers of qualified women.

Incorporating gender perspectives into the preparation, conduct and evaluation of missions enables the Canadian Armed Forces to increase operational effectiveness and enhance understanding of the challenges faced by populations at risk in areas of armed conflict or natural disaster.

Military members also receive continuing education and training to raise awareness of the differential impact of conflict, natural disasters and humanitarian emergences on women, men, girls and boys.

Though much has been done to promote gender equality in the Canadian Armed Forces, more work is needed to ensure that Canada’s military reflects and respects the needs of the women it employs and serves. Canada is committed to making its military a true example of gender equality in action.

https://www.international.gc.ca/world-monde/issues_development-enjeux_de...

jerrym

When Independent MP Kevin Vuong, who was a Liberal candidate  in the Toronto riding of Spadina—Fort York,  was given a $500 fine yesterday for failing to inform his commanding officer of a criminal charge of sexual assault against himself  that became public knowledge only two days before the 2021 election, it raised questions about how much or little has changed in the Canadian military with regard to sexual misconduct. While the sexual misconduct charge had been dropped, the ability of Vuong to choose a "summary trial instead of a court martial" and the lightness of the penalty raises questions about how the Canadian military still views sexual misconduct and related coverups. 

A Royal Canadian Navy official imposed a $500 fine on Independent MP and Royal Canadian Navy reserve officer Kevin Vuong Wednesday for failing to inform his commanding officer of a criminal charge against him.

Vuong elected to face a summary trial instead of a court martial. The trial took place Wednesday morning at HMCS Donnacona, a navy reserve unit in Montreal. The naval reserve's deputy commander, Capt. Etienne Landry, presided over the trial.

Vuong was facing a service charge under the National Defence Act for "conduct to the prejudice of good order and discipline." 

Lt. Robert Moore, a spokesperson for the naval reserve, told CBC News Vuong admitted to all particulars of the charge during the trial. He said Capt. Landry concluded a $500 fine was the most appropriate punishment.

Toronto Police charged Vuong with a single count of sexual assault in April 2019. Military law requires Canadian Armed Forces members to disclose any such charges to their commanding officers — something Vuong failed to do.

The Crown withdrew the charge six months after it was filed.

Landry said during the trial that while he could have imposed a more severe punishment on Vuong, he took into account Vuong's young age, his expression of regret and desire to be rehabilitated, his lack of prior offences and his promotion of the navy in both military and civilian life.

Vuong said during the trial that he regrets not following military procedure and wants to remain in the Canadian Armed Forces

Speaking to reporters after the ruling, Vuong said he would be commenting in more detail at a later time.

"I'm here in uniform out of respect to the (Canadian Armed Forces)," Vuong said. "I don't believe that this is the right venue and that now is the right time, but I want to encourage all of you to please reach out to my office to find a time and ... let's clear the air." ...

Vuong, who holds the rank of sub-lieutenant, is currently the only Independent member of Parliament. The Liberal Party dumped him as a candidate during the 2021 federal election campaign after information about the past sexual assault charge against him emerged. The party said Vuong did not tell them about the charge during the candidate vetting process.

Vuong did not respond to a reporter's question following the trial about whether he'd remain an MP. While Vuong previously said he intends to rejoin the Liberals, he's voted against several government bills and has criticized the Liberals on social media.

The party's disavowal of Vuong came too late in the campaign to remove his name from the ballot as the Liberal candidate. He was elected in the Toronto riding of Spadina—Fort York with 38.9 per cent of the vote.

Vuong has denied any wrongdoing and has called the allegation behind the charge a "fantasy." He's also pointed to the withdrawal of the charge as evidence of his innocence.

https://www.cbc.ca/news/politics/military-vuong-fined-500-1.6526128

Paladin1

jerrym wrote:
While the sexual misconduct charge had been dropped, the ability of Vuong to choose a "summary trial instead of a court martial" and the lightness of the penalty raises questions about how the Canadian military still views sexual misconduct and related coverups. 

I think you're missing the mark a little here Jerry.

There were some charges in the military where members could elect for a court martial instead of a summary trial. There are pros and cons to this. A summary trial is held at a unit level and many feel that the odds are stacked against them. Military trials like this are more about discipline than justice. A court-martial brings you outside of your unit and it's believed to be more impartial, however, the scope of punishments can be far greater.

Sexual misconduct is tricky for a few reasons. For starters it's not a crime you get specifically charged with. If you're accused of sexual misconduct then you get charged with something else relating to it.
If I show you a picture of me naked riding a turkey then that falls under sexual misconduct and I could be charged with "conduct prejudice to good order and discipline" a sort of catch-all.

Conduct predjuice to good order and discipline can be anything from that sexual misconduct, to a soldier not polishing their boots. The summary trial/court martial options were in place to reflect the wide scope of the possible offences.

Secondly, sexual misconduct is too wide of a brush. Sexual misconduct can be anything from sexual assault to telling a sexually themed joke in the workplace.

When you compare it to the civilian world, a $500 fine for not telling your boss you were charged isn't a light penalty.

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