The National Post reports on a former Canadian senior officer launching a lawsuit in an attempt to clear his reputation after an abortive court martial brought his career to an end:
Lt.-Gen. Steven Whelan, a three-star general who was accused of sexual misconduct in what he claims was a politically motivated prosecution that was then abandoned before he was able to defend himself, is looking for his day in court.
“I didn’t get a chance to tell my side of the story,” he told me.
Whelan’s lawyer, Phillip Millar of Millars Lawyers, has just filed a bruising statement of claim with the Federal Court in Ottawa, naming a who’s who of Canada’s military establishment as defendants; a litany that makes allegations of abuse of office, negligent investigation, malicious prosecution and involvement in media leaks that destroyed Whelan’s reputation and career.
Defendants named in the lawsuit include His Majesty the King in Right of Canada (the Crown) and top brass in the Department of National Defence (DND) and Canadian Armed Forces (CAF): Jody Thomas, former deputy minister of National Defence and former national security advisor to the Prime Minister; General Wayne Eyre, chief of the defence staff; Lt.-Gen. Frances Allen, vice chief of the defence staff; and Lt.-Gen. Jennie Carignan, CAF’s chief of professional conduct and culture.
The allegations stretch all the way to the Prime Minister’s Office.
Last September, Whelan faced a court martial, accused of sexual misconduct purported to have taken place more than a decade ago.
At the trial’s outset, military prosecutors dropped the more serious allegation of improperly communicating with a female subordinate (flirting, in colloquial terms). A week later — following the testimony of the complainant and minutes before Whelan’s lawyers could cross-examine her or hear from other witnesses — prosecutors dropped the remaining charge accusing Whelan of doctoring the same subordinate’s performance evaluation in 2011, allegedly fearing she would disclose their friendly but not physical relationship to others. The court martial came to an abrupt end. Notwithstanding the technical win for Whelan, the allegations effectively sidelined the three-star general.
Casual observers, seeing just how many Canadian generals’ and admirals’ careers have run aground in scandal of one sort or another, might draw conclusions about the quality of the leadership and the deep culture of the Canadian Armed Forces at both military and political levels.
