By Michael Blais CD
One can only guess at how severe the impact has been on those serving within the Canadian Armed Forces following months of sordid allegations involving military sexual misconduct, exacerbated by the inept manner in which the Liberal government has dealt with this demoralizing situation.
Lt-Gen Wayne Eyre,Canada's Acting Chief of Defense Staff (A-CDS), publicly admitted to seeing “cracks” in the Canadian Armed Forces (CAF) institution. Eyre noted that his troops face a manpower shortfall of nearly 2300 personnel, yet they must somehow adapt, overcome and prevail against the challenges posed by both domestic pandemic operations and Canada’s UN / NATO commitments abroad. Lt-Gen Steve Whelan, recently appointed Chief of Military Personnel, subsequently defined the current crisis as an existential threat.
During the past month, the public relations blows to the CAF’s reputation have continued unabated. On June 9, Canadians were told the Commandant of the Navy Fleet School Atlantic, Commander Croucher, was “temporarily” relieved of his post after allegations of sexually inappropriate comments. BGen Simon Bernard, who was seconded to the Public Health Agency of Canada to assist with the COVID vaccine delivery, has been reassigned after allegations that he used racist language while in on duty.
This was followed by the stunning news report about Lt.-Gen. Mike Rouleau, Vice Chief of the Defence Staff (VCDS) and Vice Admiral Craig Baines, Commander Royal Canadian Navy (CRCN), who, inexplicably chose to enjoy a private round of golf with former Chief of Defence Staff, General (ret’d) Jonathan Vance. The political repercussions were immediate and despite Rouleau’s claims that nothing improper occurred, within days he stood down as the CAF's second in command and was posted to the CAF Transition Group in anticipation of release. VAdm Baines has since apologized and taken temporary personal leave. In his absence Rear Admiral Chris Sutherland will become the Acting CRCN.
Pretense to justice? Abuse of power? Political appeasement to the masses in exchange for votes?
One can only wonder if the government's interpretation of procedural fairness is predicated by the court of public opinion, which is often fueled by salvos of sensationalized media allegations against the CAF’s highest echelons. The spectrum of these allegation is vast, ranging from inappropriate commentary, and historical acts of indecency right up to sexual assault and even rape. How many of these senior officers' careers have been destroyed before they were even provided an opportunity to defend themselves, or before they were found guilty in a court of law? Is this fair? Hardly. This past month,we have witnessed the addition of a new twist: Guilt by association as in the case of Lt.- Gen. Rouleau and R- Adm Baines.
Professor of Military Law Michel Drapeau summed up the current situation perfectly. “There is a general common law principle, a duty of procedural fairness lying on every public authority making an administrative decision which is not of a legislative nature and which affects the rights, privileges or interests of an individual. Since January 2021, the MND and his most senior advisors do not appear to concern themselves with such a principle. The absence of procedural fairness is a form of abuse of power and a failure of their duty to act fairly.”
Major General Dany Fortin certainly feels he was denied "procedural fairness" and that he was victimized through the political interference of Prime Minister Justin Trudeau, Minister of National Defence Harjit Sajjin and Minister of Health Patty Hajdu. Fortin has filed a claim with the Federal Court seeking a judicial review of his alleged wrongful dismissal. Fortin claims his removal from the COVID task force was unreasonable and bereft of procedural fairness. Fortune’s claim purports that the decision to remove him from his post was influenced by politicians serving the highest levels of government.
Fortin also claims that his personal privacy rights were violated, and that the resulting public conjecture has damaged his reputation. For the record, Fortin has denied any wrong doing with respect to the original allegation against him pertaining to an historic sexual misconduct incident. The CFNIS has completed their investigation into this case and turned over their evidence to Quebec’s public prosecutor. At time of writing, no decision has been announced as to whether formal charges will be laid against Fortin.
Should the Quebec prosecutor decide not to press charges or if Fortin should ultimately prove his innocence in a court of law, what then, Minister Sajjin?
Elsewhere on the Military Sexual Misconduct file, on June 1 retired Supreme Court Justice Morris Fish released 107 recommendations to amend the National Defence Act, after concluding a DND mandated review of the military justice system. Of particular note was Fish’s recommendation that henceforth, cases of sexual assault should be investigated by civilian authorities. Fish also recommends the elimination of the harmful Duty to Report policies which compel the victim, witnesses, confidantes and/or health care professionals to report any incidents to the military chain of command.
Justice Fish also recommends the independent authority of the Sexual Misconduct Response Centre be strengthened. The new powers proposed include authorizing the SMR Centre to be able to compel potential witnesses into providing testimony. Something which heretofore was simply not the case.
Defence Minister Sajjin has accepted the recommendations "in principle" but he has only promised to implement 36 of the 107 in an expedient manner.
After months of ministerial ineptitude, it is doubtful whether the victims of Military Sexual Misconduct, the Canadian Armed Forces rank and file or veterans have any confidence whatsoever in Sajjin’s 'principles’ or the government’s shallow promises
I know I don’t.
