So far, approximately 145 cases of allegations of sexual misconduct involving members of the Canadian Armed Forces could be referred to civilian police for investigation.
Defense Minister Anita Anand announced last week that she would follow up on a recommendation to transfer military sexual misconduct cases to civilian police for investigation and to civilian courts for prosecution.
The Canadian Forces Provost Marshal’s Office on Friday shared with CBC News the number of cases under review for transfer to the civil justice system.
“This number could change as each case progresses and is assessed,” Lt.-Cmdr. Jamie Bresolin, spokesperson for the Provost Marshal’s office, told CBC News.
Bresolin said military police are now reviewing each investigation to see which cases should be forwarded. The cases that will be transferred concern allegations of sexual assault or other criminal offenses of a sexual nature, the office said.
The government has not yet put in place a process for transferring cases to the civilian justice system. The Provost Marshal’s office said it was “already engaged” with senior RCMP officials and police chiefs across Canada on the way forward. Another meeting is scheduled for later this month.
Meanwhile, military police investigators continue to investigate cases of sexual misconduct to determine whether charges can be laid under the National Defense Act, Bresolin said.
The Canadian Forces National Investigation Unit (CFNIS) is currently investigating allegations of sexual assault and misconduct in the ranks. The CFNIS has come under intense scrutiny this year due to the current sexual misconduct crisis.
Charlotte Duval-Lantoine, a member of the Canadian Institute of World Affairs, said the 145 cases represent about one case per 100 servicemen and do not represent the full picture. The sexual misconduct crisis is probably worse than the numbers show, she said.
“It is well known that there [are] more people who have experienced sexual misconduct than those who report it. And even when a complaint is filed, it is not always investigated, ”said Duval-Lantoine.
Since the beginning of February 2021, at least seven senior military commanders have been the subject of a CFNIS investigation into allegations of sexual misconduct. Three others were placed on leave for their handling of sexual misconduct cases. Another commander was the subject of a unit disciplinary investigation.
One of the senior military leaders the CFNIS is investigating is Canada’s top commander, Chief of the Defense Staff Admiral Art McDonald, who is on paid leave while the Prime Minister’s Office reflects to his future.
McDonald has denied the allegations and launched a public campaign for his reinstatement, saying he was exonerated because no charges had been laid and that he would have to get his old job back.
IIn response, the military police issued a rare statement saying that the absence of charges did not mean the allegation was unfounded. The government is currently reviewing the matter. The position of Chief of the Defense Staff is a Governor in Council appointment, which means the Prime Minister can remove McDonald’s at any time.
Anand’s decision to transfer military sexual misconduct cases to the civilian justice system was based on an interim recommendation by retired Supreme Court Judge Louise Arbor.
The government tasked Arbor to examine the sexual misconduct crisis and write a final report.
Arbor sent a letter to Anand’s predecessor, Harjit Sajjan, at the end of October, claiming that recurring allegations of historic sexual misconduct against senior military leaders had led her to “conclude that immediate corrective action were needed to begin to restore confidence ”in the Canadian Armed Forces.
She said during her review she heard survivors of sexual misconduct say they were skeptical about the independence and competence of the military police.
“This perception is pervasive in the CAF and DND and, I believe, in much of public opinion,” Arbor wrote. “This has created serious mistrust of the military justice system and, in particular, in the investigative phase.”
In a joint statement, the Canadian Forces Provost Marshal and the Director of Military Prosecutions said the transfer of cases to the civilian system is “appropriate and necessary” and although military police investigators and prosecutors “have the skills professional, dedication and competence, “it is not enough to” build and maintain “confidence in the system.
Arbor’s recommendation is based on a key finding from former Supreme Court Justice Morris Fish’s landmark report on the military justice system, released in June.
Fish said cases of sexual misconduct should be turned over to civilians until more protections are in place for victims.
Anand said transferring files to the civilian system is a temporary measure at this time, but if Arbor finds out during his investigation that it should be permanent, the government will act on that recommendation.
“Evil alcohol lover. Twitter junkie. Future teen idol. Reader. Food aficionado. Introvert. Coffee evangelist. Typical bacon enthusiast.”