More than 140 military sexual misconduct investigations could be handed over to civilian police
CBC
Roughly 145 cases of sexual misconduct allegations involving Canadian Armed Forces members so far could be transferred to civilian police to investigate.
Defence Minister Anita Anand announced last week she would act on a recommendation to transfer military sexual misconduct cases to civilian police to investigate and to civilian courts for prosecution.
The Office of the Canadian Forces Provost Marshal shared the number of cases under consideration for transfer to the civilian justice system with CBC News on Friday.
"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 handed over. The cases that will be transferred involve sexual assault allegations or other criminal offences of a sexual nature, the office said.
The government has not yet set up a process to transfer cases to the civilian judicial system. The provost marshal's office said it is "already engaged" with senior leaders at the RCMP and police chiefs across Canada on a path forward. Another meeting is scheduled for later this month.
In the meantime, military police investigators are continuing to investigate sexual misconduct cases to determine if charges can be laid under the National Defence Act, Bresolin said.
The Canadian Forces National Investigative Unit (CFNIS) currently investigates allegations of sexual assault and misconduct in the ranks. CFNIS has come in for intense scrutiny this year related to the ongoing sexual misconduct crisis.
Charlotte Duval-Lantoine, a fellow at the Canadian Global Affairs Institute, said the 145 cases represent about one case per 100 service members, and do not represent the full picture. The sexual misconduct crisis is likely 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. And even when a complaint is brought forth, it is not always investigated," said Duval-Lantoine.
Since early February 2021, at least seven senior military leaders have been investigated by CFNIS over allegations of sexual misconduct. Three others were placed on leave over their handling of sexual misconduct files. Another commander was subjected to a unit disciplinary investigation.
One of those senior military leaders investigated by CFNIS is Canada's top commander, Chief of Defence Staff Admiral Art McDonald, who is on leave with pay while the Prime Minister's Office considers his future.
McDonald denied the allegations and launched a public campaign for reinstatement, saying he was exonerated because charges were not laid and he should get his old job back.
In response, military police issued a rare statement saying the lack of charges did not mean the allegation was unfounded. The government is now reviewing the case. The position of chief of the defence staff is a governor-in-council appointment — meaning the prime minister can dismiss McDonald at any time.
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