Sexual Assault & Sexual Misconduct in the CF

[dapaterson]

In a written statement released Tuesday, the Department of National Defence announced that Lt. –Col. Mason Stalker, 40, has been charged with multiple sex-related offences, including sexual assault, sexual exploitation and invitation to sexual touching.

Stalker is a commanding officer of the 1st Battalion, Princess Patricia’s Canadian Light Infantry.

http://www.ctvnews.ca/canada/canadian-armed-forces-member-charged-with-sex-related-offences-1.2491271

- mod edit to better reflect outcome -

 

[Infanteer]

I will put the reminder out now that the officer is the accused and is innocent until proven guilty.  We don't need any speculation, rumour mongering or innuendo on this thread; those that do so will have their posts deleted and may be introduced to the warning system.

 

[little jim]

I will put the reminder out now that the officer is the accused and is innocent until proven guilty.  We don't need any speculation, rumour mongering or innuendo on this thread; those that do so will have their posts deleted and may be introduced to the warning system.

Given the above, and in light of the CDS' current stance on this topic it will be interesting to see how the chain of command re-acts. Thinking in terms of does he stay CO, which might be construed as guilt however there might be sufficient loss of confidence in his abilities as CO. Does the DCO take over until the investigation is complete?  Do they move in an interim CO (saw this happen in the U.S. once) - brigade deputy moved down to be the CO for almost six months.

Be curious to hear what the legal options are given his current appointment.

Mods delete if you require but I think it is within the scope.

 

[Old EO Tech]

Given the above, and in light of the CDS' current stance on this topic it will be interesting to see how the chain of command re-acts. Thinking in terms of does he stay CO, which might be construed as guilt however there might be sufficient loss of confidence in his abilities as CO. Does the DCO take over until the investigation is complete?  Do they move in an interim CO (saw this happen in the U.S. once) - brigade deputy moved down to be the CO for almost six months.

Be curious to hear what the legal options are given his current appointment.

Mods delete if you require but I think it is within the scope.

I'm not sure if we will here anything publicly on this right away, 1VP is on block leave most of August after a busy 15 days fighting fires in northern sask.  Even if he does get replaced, I doubt DND will release that to the news.

 

[captloadie]

I don't want to run afoul of the site rules, so please delete if deemed inappropriate.

I wonder whether this is just the first of many similar charges that will be laid across the CAF in the coming months. It is possible that the individual(s) involved decided to come forward on their own, but is it not plausible that information gathered from the meetings/interviews done in support of the External Review into Sexual Misconduct and Sexual Harassment in the Canadian Armed Forces was used to initiate investigations? 

 

[Remius]

I don't want to run afoul of the site rules, so please delete if deemed inappropriate.

I wonder whether this is just the first of many similar charges that will be laid across the CAF in the coming months. It is possible that the individual(s) involved decided to come forward on their own, but is it not plausible that information gathered from the meetings/interviews done in support of the External Review into Sexual Misconduct and Sexual Harassment in the Canadian Armed Forces was used to initiate investigations?

Or maybe the latest direction from the CDS, Army commander and COs has hit home and action is being taken decisively.  Who know.  But if this is a change in culture for the better and is or has started then hopefully the process will sort it out (ie guilty or not guilty). 

Like it or not we the CAF will be under the microscope.  I expect to see a lot more in the media in the next few years.  The new CDS will be held to account by the media and the public rest assured.

 

[little jim]

I don't want to run afoul of the site rules, so please delete if deemed inappropriate.

I wonder whether this is just the first of many similar charges that will be laid across the CAF in the coming months. It is possible that the individual(s) involved decided to come forward on their own, but is it not plausible that information gathered from the meetings/interviews done in support of the External Review into Sexual Misconduct and Sexual Harassment in the Canadian Armed Forces was used to initiate investigations?

Thinking of the time required to lay charges this has to be something that was in the works for awhile. Especially if the timeline as reported by the media is 1998-2007.

I would note that the charges today are primarily sexual assault in nature; a whole different ball of wax from sexual harassment that has dominated CF news.

As one of my US colleges mentioned when talking about various senior officers and their 'fall from grace' that has made the news in North America .....'remember these are the best and brightest that were chosen to command.....'

 

[opcougar]

Hmmm...here we go again. The email sent out by the boss last week, must have hit home hard...I mean why is this just coming to light now if it  *allegedly* took place between 1998 - 2007? Mbr would have been a Captain - Major at the time.

This sounds like another Williams situation, only that the last name here makes it even more eerie.


Bail conditions as follows:

He must adhere to a number of conditions, including staying away from places where children gather such as at pools, parks and daycares and cannot have any contact with cadets 18 years of age or younger.

 

[cupper]

It is also telling that the restrictions being placed on him are related to contact with persons under the age of 18.

 

[McG]

... why is this just coming to light now if it  *allegedly* took place between 1998 - 2007?

Because the alleged victim (and there is only one alleged victim) came forward to police in April of this year.

Now let's stop the speculation.  Let the courts do their business and we will see what comes of it.

 

[RCDtpr]

Given the above, and in light of the CDS' current stance on this topic it will be interesting to see how the chain of command re-acts. Thinking in terms of does he stay CO, which might be construed as guilt however there might be sufficient loss of confidence in his abilities as CO. Does the DCO take over until the investigation is complete?  Do they move in an interim CO (saw this happen in the U.S. once) - brigade deputy moved down to be the CO for almost six months.

Be curious to hear what the legal options are given his current appointment.

Mods delete if you require but I think it is within the scope.

I think the question here would be how could he not be removed from his position?  As a CO, one of his duties is to lay charges within his battalion where he deems appropriate.  NIS do not always investigate sexual assaults; "minor" sex assaults (hate to use the word minor as its not minor to the victim, but merely referring to an assault of such a nature that it wasn't deemed serious enough for NIS) that are investigated by the patrol MPs would have to be sent to the CO if a charge is recommended.

For a person to lay a charge for something he has charges outstanding for is a miscarriage of the legal system.  I understand the slippery slope of removing him would be tantamount to stating he is guilty before proven as such, but the reality is if you leave a CO in position when he has been accused of sexually assaulting a minor....whether guilty or not.....the CF will lose the trust of the public.

 

[ballz]

Administrative action is separate from disciplinary action, and the burden of proof for administrative action is the balance of probabilities.

He can 100% be dealt with administratively immediately while all of this plays out, without interfering with the legal system at all, if his CoC are satisfied that on the balance of probabilities he has conducted himself in a manner not suitable for his rank / appointment / job description, etc.

 

[The Bread Guy]

The Info-machine version:

Today, the Canadian Forces National Investigation Service (CFNIS) charged a member of the Canadian Armed Forces with multiple sex-related offences including an offence related to Breach of Trust by a Public Officer, all pursuant to the Criminal Code of Canada.

Lieutenant-Colonel Mason Stalker, 40, and Commanding Officer of the 1st Battalion, Princess Patricia’s Canadian Light Infantry, Edmonton, AB, has been charged with:

• three counts of Sexual Assault in accordance with Section 271 of the Criminal Code of Canada;
• four counts of Sexual Exploitation in accordance with Section 153 of the Criminal Code of Canada;
• one count of Sexual Interference in accordance with Section 151 of the Criminal Code of Canada;
• one count of Invitation to Sexual Touching in accordance with Section 152 of the Criminal Code of Canada; and
• one count of Breach of Trust by a Public Officer in accordance with Section 122 of the Criminal Code of Canada.

This CFNIS investigation concerns a series of historical incidents that involve offences alleged to have occurred from 1998 to 2007 in Edmonton, AB while the member was involved as a mentor with a local army cadet corps.

    “These are serious and significant charges under the Criminal Code of Canada,” said Lieutenant-Colonel Francis Bolduc, Commanding Officer of the Canadian Forces National Investigation Service.  “Regardless of a member’s rank and role in the Canadian Armed Forces, the Canadian Forces National Investigation Service works diligently and independently from the Canadian Armed Forces chain of command to protect individuals from those who violate the law.”

If anyone has knowledge related to this investigation, they are asked to contact the Canadian Forces National Investigation Service Western Region tip line at: 1-877-233-6066.

The Canadian Forces National Investigation Service is a unit within the Canadian Forces Military Police Group.  The mandate of the Canadian Forces National Investigation Service is to independently investigate serious and sensitive matters in relation to Department of National Defence property, Department of National Defence employees and Canadian Armed Forces personnel serving in Canada and around the world.

- 30 -

 

[Tibbson]

I think the question here would be how could he not be removed from his position?  As a CO, one of his duties is to lay charges within his battalion where he deems appropriate.  NIS do not always investigate sexual assaults; "minor" sex assaults (hate to use the word minor as its not minor to the victim, but merely referring to an assault of such a nature that it wasn't deemed serious enough for NIS) that are investigated by the patrol MPs would have to be sent to the CO if a charge is recommended.

For a person to lay a charge for something he has charges outstanding for is a miscarriage of the legal system.  I understand the slippery slope of removing him would be tantamount to stating he is guilty before proven as such, but the reality is if you leave a CO in position when he has been accused of sexually assaulting a minor....whether guilty or not.....the CF will lose the trust of the public.

Actually, the CFNIS has the mandate to investigate all sexual assaults within MP jurisdiction although there have been cases when, due to the nature of the minor offence and/or other factors, they have chosen to wave the investigation to the local MP Det.  In all cases though the matter should have been offered to the CFNIS first. 

As far as your contention that "minor sexual assaults" would have to be sent to the CO if the patrol MPs investigated, you are incorrect.  While patrol MPs cannot lay charges under the NDA (I'll say for now since there is legislation working it's way through the system to amend that and other aspects of the NDA), they can and do lay charges under the Criminal Code.  While it is true that there are circumstances where we would proceed through the NDA, it depends upon the level of military nexus and the impact upon military discipline.  (Unless the offence was committed outside of Canada and therefore outside of Criminal Code jurisdiction)  In cases such as Sexual Assault in Canada, especially when there is a civilian complainant/victim and IF the Base MPs assume the investigation, they go downtown with the charges.

In a case such as this I also don't see any double jeopardy or conflict if the CoC chooses to remove him as CO pending resolution of this matter.  Let's face it, he is not losing financially, he would not be losing his rank, he would only be administratively reassigned owing to the pending charges.  This could easily be justified because of any bail conditions he may be under, any peace bond conditions he may be under, any weapons prohibitions that may have been sought, the change in his DAG status by virtue of the fact he has pending legal matters. 

Regardless, it will all play out over time and I'm sure the media will keep us all informed.  I'm surprised Drapeau hasn't been interviewed and provided his expert opinion on it all as of yet.

 

[ballz]

In a case such as this I also don't see any double jeopardy or conflict if the CoC chooses to remove him as CO pending resolution of this matter.  Let's face it, he is not losing financially, he would not be losing his rank, he would only be administratively reassigned owing to the pending charges.  This could easily be justified because of any bail conditions he may be under, any peace bond conditions he may be under, any weapons prohibitions that may have been sought, the change in his DAG status by virtue of the fact he has pending legal matters. 

Regardless, it will all play out over time and I'm sure the media will keep us all informed.  I'm surprised Drapeau hasn't been interviewed and provided his expert opinion on it all as of yet.

He can face the full scope of administrative action, including losing his rank or being released, and it is not double jeopardy.

Administrative Actions

3.10 Administrative actions are initiated under regulations, orders, instructions or policies. In addition to the remedial measures set out in this DAOD, administrative actions include:
occupational transfer;
transfer between sub-components;
posting;
an offer of terms of service in any case in which an offer has not been made by CAF authorities;
reversion in rank; or
release or recommendation for release, as applicable.

3.11 Administrative actions other than remedial measures may be initiated if:

a remedial measure has been unsuccessful or breached;
the conduct or performance deficiency is serious enough to warrant such actions; or
the conduct or performance deficiency may be better resolved through such actions.
3.12 For more information on administrative actions, see the General Principles map in DAOD 5019-2, Administrative Review.

Administrative Actions Versus Disciplinary Actions

3.13 Administrative actions are not punishments under the Code of Service Discipline.

3.14 Both disciplinary actions under the Code of Service Discipline and administrative actions are meant to address a CAF member's conduct or performance deficiency. They may operate independently or one may complement the other.

3.15 Disciplinary actions and administrative actions serve different purposes. Disciplinary actions possess a punitive aspect that administrative actions do not. Disciplinary action is initiated only if there are sufficient grounds to justify the laying of a charge under the Code of Service Discipline against a CAF member.

 

[cupper]

Wouldn't it be prudent for the CoC to remove him from his current position due to the fact that he will be preoccupied with dealing the charges against him, and not able to fully focus on his duties as CO? If the allegations ultimately are disproven he could be reinstated as CO, or if found guilty then removal from service would obviously proceed from there.

 

[PPCLI Guy]

Wouldn't it be prudent for the CoC to remove him from his current position due to the fact that he will be preoccupied with dealing the charges against him, and not able to fully focus on his duties as CO? If the allegations ultimately are disproven he could be reinstated as CO, or if found guilty then removal from service would obviously proceed from there.

I would be more than just a little surprised if that had not already happened. 

Folks - we are less than 24 hours into this, and not all actions are necessarily being reported to the media, let alone army.ca. I suggest we wait for the public response to catch up to the swirl....

 

[X Royal]

According to this news story he has already been removed from command.
http://globalnews.ca/news/2135584/canadian-forces-officer-charged-with-sexual-assault/

 

[FJAG]

According to this news story he has already been removed suspended from command.
http://globalnews.ca/news/2135584/canadian-forces-officer-charged-with-sexual-assault/

FTFY

:cheers:

 

[The Bread Guy]

According to this news story he has already been removed from command.
http://globalnews.ca/news/2135584/canadian-forces-officer-charged-with-sexual-assault/

This, from the CDS:

“I have been informed of the charges regarding Lieutenant-Colonel Stalker, which stem from alleged offences between 1998 and 2007.

    “As stated by the Canadian Forces National Investigation Service (CFNIS), these are serious charges under the Criminal Code of Canada.

    “However, I cannot comment on this specific case, given all Canadians should be afforded due process. We must allow the judicial process to unfold.

    “In the meantime, Lieutenant-Colonel Stalker has been suspended from his command assignment until the judicial process is complete.”

Meanwhile, this from Cadets Canada:

We are aware that the Canadian Forces National Investigation Service have charged Lieutenant-Colonel Mason Stalker in relation to a series of historical incidents that involve offences alleged to have occurred while this individual was involved as a mentor with 2551 Royal Canadian Army Cadet Corps in Edmonton, Alta.

The Canadian Cadet Organizations take these charges very seriously and we are cooperating fully with investigators. This individual is no longer involved with the Cadet Program and is not permitted to have contact with cadets.

The protection, safety and welfare of cadets are always our first priority. All adults working in direct contact with cadets require screening through a Police Records Check and Vulnerable Sector Screening every five years, and cadets are taught that inappropriate sexual behaviour of any kind is unacceptable and they are encouraged to report any incidents regardless of whether the offender is a peer or superior.

Cadets are provided age-appropriate prevention training that encourages them to report any inappropriate sexual behaviour to a person in authority. Counselling, chaplain, police, instructors and other resources are available to cadets in these situations. Cadets are also encouraged to consult with and seek guidance from their parents.

Positive Social Relations for Youth Training is mandatory for all members of the Canadian Cadet Organizations. It prepares cadets to interact comfortably within the community and positively with others, exercise sound judgment, accept personal responsibility for actions and choices, deal with interpersonal conflict, and seek help from available resources when needed.

The Canadian Cadet Organizations do not tolerate incidents of inappropriate sexual behaviour. When allegations are reported, they are investigated and followed up with appropriate action. If there is any possibility that a criminal act has been committed, the matter is immediately referred to the police agency of jurisdiction.