I think there are two main reasons as to why the CFNIS refused to bring any type of charge against the babysitter in 2011.
The Summary Investigation Flaw, and the Three Year Time Bar.
Both of these flaws were removed from the National Defence Act in 1998 with the passing of Bill C-25.
These two flaws would have conspired to prevent the CFNIS from laying charges against Captain McRae.
However, the babysitter wouldn’t have enjoyed the protection of the National Defence act and he could be charged for his crimes.
And this would have been a public relations nightmare for the Canadian Forces. Imagine not being able to charge the man that was ultimately responsible for destroying so many young lives on so many bases, where as his teenaged accomplice could be charged.
Beeshive 