Sexual Assault & Sexual Misconduct in the CF

[QV]

Oh wow, that was unexpected.

As an aside, I always feel sad and apprehensive everytime this thread is updated, as I half expect a new tale of GOFO malfeasance.

Shouldn't be. MPs get suspended from policing duties on an occasional basis for much less.

 

[Navy_Pete]

Shouldn't be. MPs get suspended from policing duties on an occasional basis for much less.

With press releases?

It might happen regularly, but most people in the CAF will never hear about it, let alone Canadian public.

 

[Jarnhamar]

With press releases?

It might happen regularly, but most people in the CAF will never hear about it, let alone Canadian public.

Summaries from conduct, interference and monitoring power cases, including decisions issued brought against Military Police officers through the (civilian) Military Police Complaints Commission from 2000 to 2023 can be found here:

Decisions and Case Summaries

Decisions and Case Summaries of the Military Police Complaints Commission of Canada

www.mpcc-cppm.gc.ca

Open cases can be found here:

Public Interest Cases

Public Interest Cases of the Military Police Complaints Commission of Canada

www.mpcc-cppm.gc.ca

Seems pretty transparent.
Is their a civilian equivalent for municipal, provincial, and RCMP officer complaints?

 

[OldSolduer]

Summaries from conduct, interference and monitoring power cases, including decisions issued brought against Military Police officers through the (civilian) Military Police Complaints Commission from 2000 to 2023 can be found here:

Decisions and Case Summaries

Decisions and Case Summaries of the Military Police Complaints Commission of Canada

www.mpcc-cppm.gc.ca

Open cases can be found here:

Public Interest Cases

Public Interest Cases of the Military Police Complaints Commission of Canada

www.mpcc-cppm.gc.ca

Seems pretty transparent.
Is their a civilian equivalent for municipal, provincial, and RCMP officer complaints?

We have LERA in Manitoba - actually its not too bad IMO - but I am not a police officer....

 

[Alberta Bound]

For your reading pleasure

Royal Canadian Mounted Police

decisions.rcmp.gc.ca

 

[Alberta Bound]

Or if you have some open hours during the daytime. Feel free to watch a conduct board virtually or in person.

Hearing Schedule | Royal Canadian Mounted Police

www.rcmp-grc.gc.ca

 

[Jarnhamar]

Canadian army captain demoted for drunken comments wins appeal​

An army captain demoted from the rank of major for getting drunk and making “comments of a sexualized and homophobic nature” as well as racist remarks to four of his subordinates has won a chance to regain his title.

Captain Evan Wiome, who commanded a squadron of the Royal Canadian Armoured Corps School at CFB Gagetown, got “voluntarily and severely intoxicated” for a June 8, 2023, mess dinner in Oromocto, N.B., that was attended by candidates on a training course. He then met up “with four subordinates, three of whom were in his direct chain of command,” according to a recent Federal Court decision.

“He proceeded to make comments of a sexualized and homophobic nature. When the wife of a subordinate arrived to drive the course candidates downtown, Captain Wiome entered the vehicle and made racist and sexualized comments about the wife, alluded to sex tourism in a foreign country, and recounted stories of a sexualized nature. He also suggested that he would withhold course reports, depending on the candidates’ responses to his behaviour,” Justice Simon Fothergill wrote in a decision out of Ottawa.

The old withhold course reports trick. I'm glad that charge was dropped, that's just good old fashioned leadership.

 

[ModlrMike]

The crux of the matter:

“A decision maker’s failure to articulate a coherent chain of reasoning is ordinarily fatal to an administrative decision that is subject to review against the standard of reasonableness,” Fothergill said.

So the lesson here is that those of us who preside over SH, need to be able to articulate a logical and detailed reason for arriving at whatever sentence we impose.

Do I think that reduction in rank was excessive in this case? Perhaps, but I also think that there was probably enough scope to lay a charge that would have made this a CM rather than an SH. That being said, this officer has no business being in the business of leading troops if that's how they're going to behave.

 

[Blackadder1916]

Do I think that reduction in rank was excessive in this case? Perhaps, but I also think that there was probably enough scope to lay a charge that would have made this a CM rather than an SH. That being said, this officer has no business being in the business of leading troops if that's how they're going to behave.

A past commentary from Rory Fowler.

Some Observations on ‘Military Justice’ at Summary Trial – Conclusion

Some Observations on ‘Military Justice’ at Summary Trial – Conclusion The previous three Blog posts offered observations on select jurisdictional issues relating to the administration of the Code of Service Discipline at the summary trial level – at least, how it is currently configured...

roryfowlerlaw.com

You will note, Dear Reader, that the ‘minor punishments’ under the existing version of the Code of Service Discipline simply get converted into ‘sanctions’ under the new MJUL. Notably, ‘reduction in rank’, which would give rise to an election for court martial under the current version of the Code of Service Discipline, even if it is used to punish one of the ‘baby five’ offences listed under art 108.17 of the QR&O, will now be used under the MJUL without any recourse such an election. Stop and consider the impact of such punishment – sorry, sanction – when imposed without recourse to significant safeguards for fairness.

And then one only has to look at who appeared for Capt Wiome in this matter.

https://canlii.ca/t/k9dj4

Rory Fowler

Law Office of Rory G. Fowler
Barrister and Solicitor
Kingston, Ontario

 

[Jarnhamar]

Do I think that reduction in rank was excessive in this case?

Can I ask why you thibk the reduction in might be excessive?

That being said, this officer has no business being in the business of leading troops if that's how they're going to behave.

Exactly my thoughts.
Racist comments, and derogatory comments of a sexual nature directed at a subordinates spouse.

Do we need someone holding the rank of major if they can't be trusted to lead subordinates?

[I've brought my spouse to all of 1 military event in my career. The only thing more disgusting than the behavior we witnessed was the CoC trying to cover it up. Never again]

 

[ModlrMike]

I think that reduction in rank should only be available at the CM level, where there are more safeguards to ensure that it's used correctly, and the presiding judge writes the decision. In this case, as tried at SH, I believe that a reprimand would have had the same net effect, especially given that RM (probably C&P) should have been the other side of the coin.

 

[Jarnhamar]

That makes sense, thank you.

 

[Good2Golf]

Would it be wrong to consider an AR?

 

[rmc_wannabe]

Would it be wrong to consider an AR?

My thoughts exactly. Take your pick of the 5019 series DAODs.

 

[Good2Golf]

I was a fan of taking the time to properly use 5019.

 

[rmc_wannabe]

I was a fan of taking the time to properly use 5019.

I have that series in my quick links: both for actually doing something about performance deficiencies when they arise; and as a stern warning for those I see toeing the line towards them.

 

[ModlrMike]

I have successfully released a member for failing 5019-4. The AR was quite damning.

 

[Good2Golf]

I have successfully released a member for failing 5019-4. The AR was quite damning.

Justified and properly conducted and documented, the process can work. It’s just that many (most?) don’t take the time and effort to make it work.

 

[MJP]

Justified and properly conducted and documented, the process can work. It’s just that many (most?) don’t take the time and effort to make it work.

I would argue we make it a tad too hard to get ARs through but in general they are worth it

 

[OldSolduer]

I was a fan of taking the time to properly use 5019.

Refresh my ailing memory please. OG here - Old Guy