Mike Blais
Recent revelations in respect to the Canadian Armed Forces Military Sexual Misconduct file have done little to improve the overall situation. Instead they have exacerbated the existing schism between those who have been sexually victimized while serving, the flaws in the military justice system and the institutional obstacles which the current government has had to confront in attempting to enact meaningful reforms.
First up on the proverbial docket, the Canadian Forces National Investigative Service (CFNIS) investigation into General (ret’d) Jonathan Vance, the first Canadian Chief of the Defence Staff to be accused of inappropriate behaviour and sexual misconduct. During the CFNIS investigators' formal inquiries, evidence was uncovered which allegedly revealed Vance's attempt to subvert the testimony of his accuser. As a result, a single charge of Obstruction has been laid against Vance by the Crown prosecutors. The government, acknowledging limitations within the military justice system, will continue to pursue the charges through the civilian courts.
Remarkably, the primary CFNIS investigation into General Vance’s alleged sexual misconduct continues. Which begs the logical question; why have charges in respect to Vance’s conduct been delayed? Surely if the CFNIS has sufficient evidence to warrant a charges of Obstruction, they must have sufficient evidence to warrant criminal charges in respect to the allegations of the sexual misconduct which Vance was allegeedly attempting to conceal? This becomes more perplexing when one considers that Vance’s accuser has told her story on national news programs and in testimony before nationally televised appearances before a parliamentary committee?
Can the CFNIS not pick up their pace? Do these seemingly inexplicable delays in due process not deepen the levels of distrust which the troops have for the military justice system when allegations of misconduct have been levied against senior officers? Do these unreasonable delays not foster the stigma of police incompetence, exacerbate fears that justice is being corrupted by the “Old Boys” network or multi-level Chain of Command intrusions? Do these unrealistic delays not foster the perception that the CFNIS is as inept as the military prosecutors? Do the delays not make the military prosecutors seem lenient and eager to cut a deal with judges when the public record defines how consistently they have collectively failed to grasp the seriousness of the situation.
One major case in point is that of Admiral Art McDonald. Just six weeks after Admiral McDonald replaced Vance as Chief of Defence Staff, he stepped aside from the CDS post to allow a CFNIS investigation into his own alleged sexual misconduct to proceed without the interference of the Chain of Command. Admiral McDonald has repeatedly professed innocence and despite months of terrible publicity, allegations of witness intimidation, parliamentarian theatrics and political opportunism, the CFNIS concluded their high profile investigation last month.
Their finding was that due to the historical nature of the incident in question and the faulty memories of the witnesses, no charges would be laid against Admiral McDonald under the Criminal Code of Canada or, most astonishingly, the military Code of Service Discipline. "Say again, over!" Not even a charge of conduct unbecoming good order and discipline was deemed warranted in this case?
Equally perplexing was when Admiral McDonald unilaterally announced through his lawyers, that it was his intent to return to his position as Canada’s CDS immediately!
“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.”was McDonald’s rationale.
It makes me question whether or not the CFNIS investigators happened to watch McDonald’s accuser, Lieutenant (N) Heather MacDonald. In an interview with Mercedes Stephenson for Global News, Heather McDonald bared her soul to millions of Canadians. I watched her testimony and I believed her to be telling the truth. I was therefore quite saddened to read a quote attributed to her after the CFNIS announced the decision not to lay charges against the Admiral.
"I am not surprised as this was exactly why I was reluctant to come forward and why most survivors don’t come forward.” said Heather McDonald. "It’s not worth it. I feel a little like I’ve gone through hell for nothing…”
Does this not sound all too familiar?
I somehow suspect that the Trudeau Liberals expected a different outcome. Admiral McDonald currently is on administrative leave and he will likely remain on administrative leave until a new government is formed following this September’s election. General Eyre, recently promoted to full general, has evidently earned the trust of the Prime Minister and Privy Councillors Office, and as such he will continue to serve as the CAF’s acting CDS..
Finally, on Wednesday August 8, Quebec Prosecution Services levied a single charge of sexual misconduct against Maj-Gen Dany Fortin, the former overseer of Canada’s Vaccine rollout campaign. The alleged incident occurred in 1988, at which time Fortin was an 18 year old officer cadet (student) at Royal Military College, Saint-Jean, Quebec. Responding to a warrant for his arrest, Fortin attended a police station in Hull, Quebec. He was attired in full dress uniform, accompanied by his wife and lawyers. Maj-Gen Fortin is currently on administrative leave from the CAF. His case will be arraigned on September 20th
Fortin has denied the allegation and has pledged a vigorous defense against not only the sexual misconduct charge, but he also seeks legal recourse against the Canadian government in respect to him not being afforded proper due process and his potentially wrongful dismissal from the COVID-19 task force. To protect the identity of Fortin’s accuser, a publication ban has been imposed.
More to follow Im sure...
