The Military Police Complaints Commission is looking into Steven Whelan’s case

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The Military Police Complaints Commission is investigating the army’s handling of the case against a former general who was removed from his high-ranking post after a sexual misconduct complaint against him.

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Lt.-Gen. Steven Whelan says the military police investigation into his case was flawed, unprofessional and incompetent.

He alleged that investigators improperly documented interactions with the plaintiff in his case, failed to ask critical questions and interview key witnesses, and improperly handled evidence.

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Whelan was chief of military staff in 2021 when a female subordinate accused him of having an inappropriate sexual relationship with her.

He was placed on leave during the investigation, and the allegation became the subject of a news story in October 2021.

Whelan was charged by the military police in 2022 with two counts of conduct prejudicial to good order and discipline.

He pleaded not guilty. Military prosecutors took the case to a court-martial the following year, but dropped the charge of alleged sexual misconduct on the first day of hearings.

The second charge was dropped a few days later after the judge ruled that certain evidence was inadmissible.

In his complaint to the Military Police Complaints Commission, Whelan said he believed the allegations against him were forced and that some of the weaknesses in the investigation were due to undue influence from the chain of command “and a desire to achieve a specific result”. .

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He also claims that leaks to the media about the allegations against him were not properly investigated and suggested that this may indicate that the military police were complicit in enabling the leaks.

The head of the commission says Whelan’s allegations against the military police are significant.

“If substantiated, they could amount to a deliberate failure to properly investigate the serious allegation of sexual misconduct, possibly because the investigation was conducted with the goal of reaching a predetermined outcome,” said commission chairwoman Tammy Tremblay .

A press release announcing Tremblay’s decision to investigate the case said that while the seriousness of the issues in this complaint “may warrant public hearings,” she decided it would be faster to investigate without a hearing at this time.

Tremblay noted that while Whelan has called for a broad, systemic investigation into sexual misconduct cases involving senior military officers, her office does not have the mandate to do such an investigation. However, it has the ability to consider and address systemic issues in individual complaints.

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“Sexual misconduct in the military is an important issue that requires rigorous investigation,” Tremblay said in his decision. “However, it would be problematic if, in investigating allegations of sexual misconduct, the military police became, consciously or unconsciously, tainted by biases against victims or suspects.”

Tremblay’s final report will be made public.

Whelan filed a lawsuit in May against the federal government and his accuser.

The statement of claim says the military and the Department of Defense should publicly apologize for “the abuse of office, the sloppy investigation, the malicious prosecution and the involvement in the leaks that destroyed his reputation and career.”

It accuses the defendants of conspiring to minimize the political consequences of the allegations.

Throughout 2021, the Armed Forces have been embroiled in controversy after several senior leaders were publicly accused of sexual misconduct. Some were criminally charged.

The government launched an external review, led by former Supreme Court judge Louise Arbour, which recommended sweeping changes to the military’s culture and how it deals with cases of sexual misconduct.

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Another of the high-profile cases in 2021 also resulted in a lawsuit against the federal government.

major general Dany Fortin was fired as head of Canada’s COVID-19 vaccine campaign in May 2021 while he was under investigation for an allegation dating back to 1988.

He was accused of sexual assault in August 2021 and was later acquitted after a trial in the Superior Civil Court of Quebec. The Armed Forces also cleared him of wrongdoing.

Fortin filed a lawsuit in March 2023 against 16 senior officials, including Prime Minister Justin Trudeau, Eyre and Liberal cabinet ministers who held the defense and health portfolios at the time of the allegation.

He reached an undisclosed settlement with the government in October 2023.

This report by The Canadian Press was first published on December 11, 2024.

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