Senior Canadian military commander charged under military law, accused of having a relationship with a subordinate

A senior military commander has been charged with two counts of violating the Armed Forces Disciplinary Code, after an investigation into sexual misconduct by military police.

Lt. Gen. Steven Whelan was charged Wednesday with conduct to the prejudice of good order and discipline under the National Defense Act in connection with an inappropriate relationship with a subordinate, the military said in a statement.

The investigation “did not reveal any evidence to support the laying of charges under the Criminal Code,” the statement from the Office of the Canadian Forces Provost Marshal said.

The charges against Lt. Gen. Whelan marks the end of the final, made public sexual misconduct inquiry that gripped the top brass and plunged the Canadian Armed Forces into crisis last year. Investigations resulted in criminal charges against four current and retired commanders.

Prime Minister Justin Trudeau’s government has been criticized for failing to address the issue and act on past recommendations.

Lieutenant General. Whelan took paid leave from his post as chief of military personnel in October, months after the investigation into his conduct was launched, and only after The Globe and Mail asked the military about the investigation.

His attorney, Phillip Millar, said Wednesday that Lt. Gen. Whelan denies the allegations and will defend his case. Lieutenant General. Whelan was charged under section 129 of the National Defense Act, which Mr Millar described as “not the most serious of offences”.

“It’s never good to be charged, but he is charged with the lowest charges possible,” he said, noting that they are not criminal and relate to historical allegations. . He said he was eager to defend his client and said he had “taken way too long to get to this point”.

The National Defense Act stipulates that those accused of violating the code could face dismissal with disgrace or a lesser sentence.

In Wednesday’s statement, the Forces said Lt. Gen. Whelan’s case would remain in the military justice system, as the civilian system cannot try cases under the disciplinary code. National Defense spokesman Daniel Le Bouthillier said he remained on paid leave.

The army declined to disclose the number of senior commanders who are under investigation. Instead, the Forces confirm investigations if information is leaked to reporters on a specific case and they request comments from the military.

Lieutenant General. Whelan was investigated in the spring of last year, shortly after taking over the military staff position from another senior commander, who has been furloughed, pending a separate investigation. As Chief of Military Personnel, Lt. Gen. Whelan was responsible for eradicating bad behavior in the Forces.

He replaced Vice Admiral Haydn Edmundson, who went on leave in March 2021. Vice Admiral. Edmundson was charged with sexual assault and indecent acts in December. He denies the allegations.

Vice-Adm. Edmundson was the third current or retired senior commander of the Canadian Armed Forces to face criminal charges in 2021.

Former Chief of Defense Staff Jonathan Vance has also been charged. In March, Mr Vance pleaded guilty to obstruction of justice and admitted trying to persuade a junior officer to lie to military police about their illicit affair.

Global News first reported allegations of sexual misconduct by Mr. Vance in February 2021. At the time, two unnamed members of the Canadian Forces accused him of improper acts. behaviour. The military police investigation into the sexual misconduct allegations concluded with no charges directly related to the allegations.

Last year, Major-General Dany Fortin was charged with one count of sexual assault, which he denies. He is to be tried in September.

In June, military police charged retired Lt. Gen. Trevor Cadieu with two counts of sexual assault. Mr Cadieu was placed on leave after learning he was under investigation for sexual misconduct last year. The Forces disclosed the investigation in October. At the time, Mr. Cadieu denied the allegations.

In late May, the federal government released a report by former Supreme Court Justice Louise Arbor that concluded the military had failed to eradicate sexual misconduct. She said the Armed Forces should permanently transfer the prosecution of sexual offenses under the Criminal Code to the civilian system, refer harassment complaints to the Human Rights Commission and review the future of Canada’s military colleges.

To ensure her recommendations were implemented, Ms Arbor said the government should “immediately” appoint an external monitor to monitor the progress of her report’s recommendations.

At the time, Defense Minister Anita Anand agreed to appoint a comptroller as soon as possible. But nearly two months later, no one got the job. On Wednesday, Ms Anand’s spokesman, Daniel Minden, said work was “on track to finalize the process for establishing the post of external controller”. He provided no timeline for appointing anyone.

The government first received Arbor’s recommendations in March.

With a report from The Canadian Press

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