Col. Russ Williams is now the subject of a military administrative review, but is not likely to face a military trial, The Intelligencer has learned.
Williams, 46, was arrested Feb. 7 in Ottawa. At the time he was in command of 8 Wing-CFB Trenton.
He is charged with first-degree murder in the deaths of Cpl. Marie-France Comeau, 37, of Brighton and Jessica Lloyd, 27, of Belleville. He is also charged with two counts of break, enter and sexual assault and two counts of forcible confinement stemming from attacks last September on two Tweed women.
"The administrative review of Col. Williams' career status has been opened under the authority of the Director General Military Careers," air force spokesman Maj. Jim Hutcheson said Friday.
He said the review was launched "shortly after the charges" against Williams were laid.
The investigation is "still focusing on (the) six charges before the courts," Ontario Provincial Police Sgt. Kristine Rae said, adding the investigation is ongoing.
Police have said they are currently concerned mainly with the cases of involving those four victims, but will probe whether other cases may be linked to the current investigation.
Williams cannot, however, be tried under military law because the alleged offences occurred in Canada.
The National Defence Act prohibits the Canadian Forces from trying anyone charged with murder, manslaughter or child abduction unless the offence is committed outside the country.
"Even if a military member murders another military member in the middle of a garrison (in Canada) we can't take jurisdiction," said Lt.-Col. Bruce MacGregor, director of military justice and policy for the Canadian Forces.
He said he could not comment on specific cases before the court.
Speaking generally, MacGregor said, a sexual assault charge laid in Canada could be tried in the military system. But he added if that charge is linked to a more serious one in a civilian court a prosecutor is unlikely to separate them for different trials.
Military staff charged with such crimes as murder by civilian police can also face employment- related penalties such as loss of command, rank and employment after administrative review.
The military has a justice system parallel to the civilian system, but prosecution of some cases on Canadian soil is handled entirely by civilian authorities.
"If a person is found guilty then they go through the punishment as any Canadian citizen would," said MacGregor.
"If they're a military person and they're found guilty, we do not have the ability to charge them on the same type of offence on the same circumstances," he said.
Even if the person is acquitted, he said, he or she can't be courtmartialled based on the same facts since "that would be double jeopardy."
Administrative reviews are conducted by senior officers. They can, for example, be held by the accused's commanding officer or a career review board.
Unlike the criminal system, the reviews do not require a finding of guilt beyond a reasonable doubt.
Evidence can come from a variety of sources, from an interview of the accused to a summary military investigation.
Administrative action can still occur if someone is acquitted on a technicality, but "on the balance of probabilities, the accusation is very clear that it took place," he said.
MacGregor compared the action to a normal employer's review of an employee. Penalties, if any, can include counselling and probation, a recorded warning, or a simple caution.
"Disciplinary actions possess a punitive aspect that administrative actions do not," says a National Defence document on the process.
"There's nothing in law that says administrative action cannot take place prior to or during the course of a trial," MacGregor said. "It's not completely dependent upon the criminal trial."
MacGregor said a person in command who is charged with murder, manslaughter or child abduction could be relieved of that command after review.
Williams was relieved of command Feb. 12.
"He retains his rank; he retains his pay," Hutcheson said, "because he hasn't been proven guilty.
"The review won't be completed or finalized until there's a result in his civilian court hearing, because that would be a factor considered in the administrative review.
"If he is found guilty of the charges and the administrative review subsequently recommends his dishonourable release from the military, of course he wouldn't be paid at that point and he would have to return his pay back until the day at which he was charged," said Hutcheson.
Should Williams be acquitted, Hutcheson said, he could in theory return to a command role, though not necessarily his former job as base commander.
"I don't see why not," he said, but added "there'd be other considerations that would have to be looked at ... given the experience he'd just been through.
"There are other opportunities for command, of course, in the Canadian Forces so they would be considered," Hutcheson said.
"You'd have to wait for the results of the administrative review, too, because they have career implications. Just because he's found not guilty doesn't mean the administrative review would stop. That could affect ... (his) career in the future."
MacGregor said the subject of an administrative review can appeal the outcome via a grievance system.
Several people may be appointed to help a military member facing criminal charges. They include military defence counsel, an assisting officer to aid the accused and defence counsel throughout the case and an attending officer.
Of those, only an attending officer is assigned to an accused facing civilian criminal charges.
Kingston-based Lt.-Col. Tony O'Keeffe is Williams' attending officer.
He spoke candidly about Williams last month during the latter's video remand in Belleville court, calling him both "an intellect" and "a broken man."
He said Friday, however, he could offer no further details on his friend, whom he's known since 2001.
"I'm not a spokesperson for the Canadian Forces, nor am I a spokesperson for the accused," he said. "It would be inappropriate for me to speak.
"My role as the attending officer is limited to each time there's a court date or an appearance I will be there on behalf of the Canadian Forces to listen and record proceedings and just report them back up the chain."
MacGregor said Williams has access to other military services -- chaplains, social workers, medical care, etc. -- so long as he remains employed by the Canadian Forces.
Williams' case returns to Belleville court March 25 for a video remand.
