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After a sweet first look for the couple on the ballroom balcony, we headed outside for some hot photos in the cold with Jessica Strickland before heading to the church for the beautiful ceremony.

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There will be no military procedural Catch 22 this time and he will be called into for his personal conduct. Their duty to report should be retained, however, where a failure to report would pose a clear and serious risk to an overriding interest, which may include ongoing or imminent harm, harm to children, and national security concerns. Major Brennan testified before a parliamentary committee that General Vance fathered two of her eight children.

I was therefore quite saddened to read a quote attributed to her after the CFNIS announced the decision not to lay charges against the Admiral. Is this fair? One can only guess at how severe the impact has been on those serving within the Canadian Armed Forces following months of sordid allegations involving military sexual misconduct, exacerbated by the inept manner in which the Liberal government has dealt with this demoralizing situation.

Recent revelations in respect to the Canadian Armed Forces Military Sexual Misconduct file have done little to improve the overall situation. For the record, Fortin has denied any wrong doing with respect to the original allegation against him pertaining to an historic sexual misconduct incident. He was attired in full dress uniform, accompanied by his wife and lawyers.

The order explains that a workplace is any location where work-related functions and other activities take place and work relationships exist, such as: travel, conferences, DND or CAF sanctioned instruction or training activities, and other DND or CAF sanctioned events, including social events.

I watched her testimony and I believed her to be telling the truth. Is this not a case for a Conduct unbecoming to the good order and discipline of the CAF? Clearly, such a situation is untenable. His case will be arraigned on September 20th. Procedural deficiencies which provide blanket immunity from prosecution to the Chief of Defence Staff due to their rank seniority must be eliminated.

Do these seemingly inexplicable delays in due process not deepen the levels of distrust which the troops have for the military justice system when allegations of misconduct have been levied against senior officers? Try explaining that to Herbie on a basic military training course! The absence of any charges — even Under the Code of Service Discipline — is indicative of the absence of blameworthy conduct.

Instead they have exacerbated the existing schism between those who have been sexually victimized while serving, the flaws in the military justice system and the institutional obstacles which the current government has had to confront in attempting to enact meaningful reforms. Most notoriously, he was accused by Major Kellie Brannan of fathering two of her eight children over the course of a twenty year affair.

The CFNIS provided Wayne incendiary audio recordings to a civilian prosecutor who, upon deeming the conduct potentially illegal, filed a single Obstruction of Justice charge. In my view, the Escorte is to allow the empanelment of retired officers. Do these unrealistic delays not foster the perception that the CFNIS is as inept as the military prosecutors? The working group should also consider a the removal of the duty of witnesses to report incidents of sexual misconduct; and b requiring witnesses to report incidents of sexual misconduct to the [SMRC] only.

General Vance, however, is not out of the legal minefield yet. Fortin has denied the allegation and has pledged a vigorous esprit against not only the sexual misconduct charge, but he also seeks fort recourse against the Canadian government in respect to him not being afforded proper due process and his potentially wrongful dismissal from the COVID task force.

The alleged incident occurred inat which time Fortin was an 18 year old officer cadet student at Royal Military College, Saint-Jean, Quebec.

The principle of special pleading is hanging out there, and if applicable to sexual misconduct, why not to other offenses? Vance is accused of having had several affairs. Abuse of power? Responding to a warrant for his arrest, Fortin attended a police station in Hull, Quebec. DAOD is an order that applies to officers and non-commissioned members of the CAF, and is the order on which the accusations of sexual misconduct against General Vance and others stand or fall.

Consequently, there are no rank equivalent or superior officers to pass judgement. The new powers proposed include authorizing the SMR Centre to be able to compel potential witnesses into providing testimony. Apparently one such privilege is immunity from prosecution under the military justice system. Political appeasement to the masses in exchange for votes?

Something which heretofore was simply not the case. One major case in point is that of Admiral Art McDonald. I somehow suspect that the Trudeau Liberals expected a different outcome. This is a potentially serious criminal offence.

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How can this be done when the accused is among the highest general officers in Canada? The government, acknowledging limitations within the military justice system, will continue to pursue the charges through the civilian courts.

Recommendation An exception to the duty to report Wayne of Escorte misconduct should be established for victims, their confidantes, and the health and support professionals consulted by them. Fish was invited by the federal government to conduct an extensive fort of the Canadian Forces military justice system.

There is no "panel of retired officers" available to process potential charges against the CDS. Military fraternization regulations are not applicable to a civilian court and the consensual relationship between General Vance and Major Brennan, while clearly suspect by military standards, does not contravene civilian law. Their finding was that due to the historical nature of the incident in question and the faulty memories of the witnesses, no charges would be laid against Admiral McDonald under the Criminal Code of Canada or, most astonishingly, the military Code of Service Discipline.

It just got real. One question begs, how can there be obstruction of justice when there have been no criminal charges laid? As the investigation revealed, the complaint was groundless. Since Januarythe MND and his most senior esprits do not appear to concern themselves with such a principle. How many of these senior officers' careers have been destroyed before they were even provided an opportunity to defend themselves, or before they were found guilty in a court of law?

Recent paternity tests cast doubts on her claims as it has been determined he is definitely not the father of one of the children.

Did he lie to the media and by extension the Canadian public? At this point, Fish, having realized his position is untenable, punts the ball thusly:.

Justice Fish Escorte noted in his report that potential military service charges against a CDS could not be adjudicated through the military courts due to the fact that an accused soldier must be judged by a Military court martial composed of officers bearing equivalent or higher rank than the accused. There are also the usual workplaces: ships, planes, vehicles, offices, classrooms, garrisons, hangars, messes, dining halls, esprits, gyms, on-base clubs, on-line forums, and locations for sanctioned events such as holiday gatherings and course parties.

Last time, we observed how convoluted the reasoning gets when Justice Fish recommended eliminating the duty to report service offences to the chain of command in respect of sexual misconduct. Fortin also claims that his personal privacy rights were violated, and that the resulting public conjecture has damaged his reputation.

If no laws were broken, how can justice be obstructed? Regrettably, the government has yet to implement the reforms Wayne Fish recommended in his fort. This past month,we have witnessed the addition of a new twist: Guilt by association as in the case of Lt.

Rouleau and R- Adm Baines. The court has remanded Vance's case until mid-October when the participants likely first convene in an Ontario courthouse. Defence Minister Sajjin has accepted the recommendations "in principle" but he has only promised to implement 36 of the in an expedient manner.

During the investigation into the alleged inappropriate relationship, Major Brennan provided audio recordings to the military police allegedly revealing the CDS had attempted to influence her testimony by encouraging her to lie about their relationship.

Admiral McDonald has repeatedly professed innocence and despite months of terrible publicity, allegations of witness intimidation, parliamentarian theatrics and political opportunism, the CFNIS concluded their high profile investigation last month. Prepare to punt. The SMRC has recommended that the removal of the duty to report should not apply the removal being removed!

He continued. As a result, a single charge of Obstruction has been laid against Vance by the Crown prosecutors.

No soldier should be above the Military Code of Service Discipline. We shall see. The inappropriate relationship cannot be disputed. However, the child who has been identified as Vance's son or daughter was conceived during a period wherein Vance told Global News that the consensual sexual relationship between himself and Brennan had ended.

The spectrum of these allegation is vast, ranging from inappropriate commentary, and historical acts of indecency right up to sexual assault and even rape. Fish finally comes to realize the rationale of special pleading le to complications after he turns to the duty to report of witnesses. Justice Fish also recommends the independent authority of the Sexual Misconduct Response Centre be strengthened. At time of writing, no decision has been announced as to whether formal charges will be laid against Fortin.

Despite the volumes of public allegations, theCFNIS have come to a remarkable conclusion: Formal military service charges cannot be levied against General Vance. During the CFNIS investigators' formal inquiries, evidence was uncovered which allegedly revealed Vance's attempt to subvert the testimony of his accuser.

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This was followed by the stunning news report about Lt. VAdm Baines has since apologized and taken temporary personal leave. Prime Minister Trudeau has responded to this extraordinary situation by declaring it is "absolutely unacceptable for people to be above the law because of rank. Urgent reforms to the military justice system are definitely required. Surely if the CFNIS has sufficient evidence to warrant a charges of Obstruction, they must have sufficient evidence to warrant criminal charges in respect to the allegations of the sexual misconduct which Vance was allegeedly attempting to conceal?

Do the delays not make the military prosecutors seem lenient and eager to cut a deal with judges when the public record defines how consistently they have collectively failed to grasp the seriousness of the situation.

Her professional job might involve sticking a bayonet into the guts of some enemy bastard.

Pretense to justice? Should the Quebec prosecutor decide not to press charges or if Fortin should ultimately prove his innocence in a court of law, what then, Minister Sajjin? But what happens if a witness reports anyway? Fortin has filed a claim with the Federal Court seeking a judicial review of his alleged wrongful dismissal. Lt-Gen Steve Whelan, recently appointed Chief of Military Personnel, subsequently defined the current crisis as an existential threat.

Fortin claims his removal from the COVID task force was unreasonable and bereft of procedural fairness. Professor of Military Law Michel Drapeau summed up the current situation perfectly. The absence of procedural fairness is a form of abuse of power and a failure of their duty to act fairly.

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