Jurisdiction and other ramblings.

In the 14 years that I’ve been dealing with the Canadian Forces, one thing that I have become acutely aware of is that the National Defence Act isn’t written in stone. It’s written in jelly. Jelly with diced fruits that can be moulded and mushed to mean whatever the military wants.

When I sent my email to the Edmonton Police Service in March of 2011, I didn’t contact the EPS because I couldn’t figure out how to send an email to the military police.

I did this because when I tried reporting the babysitter back in 1984 and 1990 the military police on CFB Namao told me on both occasions that the babysitter was a military dependent, and therefore he was a civilian and he had to be dealt with by the civilian police.

This is why I was greatly surprised in 2011 when I was contacted by the Canadian Forces National Investigation Service and told that the CFNIS would be running the investigation because the events happened on a military base.

It would later me confirmed that when the EPS contacted the CFNIS via ASIRT that the CFNIS had claimed that at the time of the offences back in 1980 my complaint would have been the jurisdiction of the Morinville RCMP but that the CFNIS would claim jurisdiction. The CFNIS also decided to check with the RCMP and other agencies to see if I had tried making complaints with anyone else.

My original complaint in 2011 was solely against the babysitter. In hindsight I know that the CFNIS knew about Captain McRae because of specific questions that I was asked by Mcpl Hancock during my original interview.

The involvement of Captain McRae was first brought to my attention by Mcpl Christian Cyr on May 3rd, 2011. Before this date I had never made a connection between the occasions when the babysitter took me to the chapel and the “sickly sweet grape juice” that I’d always be given.

As soon as the connection between my babysitter and captain McRae was made clear I started reaching out for lawyers with military experience. The few ex-JAGs that I was able to contact were all well out of my price range, but they were all adamant that if my complaint was against the babysitter that I needed to get this matter removed from the military system as the military system didn’t have jurisdiction to deal with this matter.

One of the ex-JAGs pointed me in the direction of the proper civilian police. The outside civilian police force having jurisdiction for civilian matters on CFB Namao / Edmonton Garrison was the RCMP in Morinville, not the Edmonton Police Service like I had originally believed.

I made contact with the RCMP Morinville detachment in June of 2011. I dealt with a constable from the detachment who took my information and said that he’d look into things for me. Nothing became of this until I filed a Freedom of Information Request with the RCMP.

The information that I received back was appalling. The RCMP constable had been told by the CFNIS that my complaint was likely to go nowhere due to a complete lack of evidence. The constable in turn sent out a detachment wide (and possible force wide) email alerting other members and RCMP brass of the futility of my complaint and that “I was just trying to further my agenda against the Canadian Forces”.

At this point in time the CFNIS hadn’t tried to locate any of the other victims, hadn’t spoken to my brother, and had made no attempts to talk to the babysitter or his father. None of this would occur until after the CFNIS had told the RCMP in June that the was a complete lack of evidence.

The National Defence Act over the years has been very clear as to the jurisdiction of the military police in regard to military dependents. Military dependents are only subject to arrest by the military police and prosecution by the military justice system when the dependents are outside of Canada and accompanying their serving parent while that parent is on active duty with the Canadian Forces.

When pressed on this the CFNIS and the Provost Marshal both claim that the CFNIS could investigate this matter, and then they’d simply hand the case over to the civilian police to effect the arrests. That’s not how this works.

Nor does the fact that the members of the military police and the CFNIS have the powers of peace officers when conducting their duties. The CN Police, the mayor of any city, and civilian aircraft pilots all have the powers of peace officers while discharging their duties. But their duties are very specific and have very defined boundaries. Military police and the CFNIS are charged with enforcing the Code of Service Discipline. They are not and never have been a secondary civilian police force. And military dependents are NOT subject to the Code of Service Discipline in Canada. They never have been and they never will be. There is a very obvious reason as to why we are not subjected to the Code of Service Discipline in Canada.

These jurisdictional boundaries were also made clear in a 1998 Directive from the Canadian Forces Provost Marshal titled CFMP 2120-4-0. Offences committed by civilians not subject to the Code of Service Discipline are to be handed off to the outside civilian authorities having jurisdiction.

This was reiterated by Lieutenant General Christine Whitecross. She had been asked during a hearing of the Standing Committee on National Defence by Vice co-chair Randall Garrison in matters like mine, who has jurisdiction to investigate. Her response was that matters like mine are always handed off to the civilian authorities having jurisdiction.

The interesting this about this is that in the days prior to this hearing, Rachel Ward, an “investigative reporter” with the CBC news program “Go Public” whom had taken over my story from Jenn Blair had asked me to keep her posted and to let her know about what was said as this would have serious impact on the direction of my story.

Almost immediately after Lt.-Gen. Christine Whitecross said what she had said during the committee hearing, Randall’s assistant called me to let me know. Randall himself called me shortly after. Randall told me where I could find the video of the hearing on the parliamentary website. I called Rachel’s number. No answer. Just a message stating that the subscriber had not set up their voice mail. A call to CBC Calgary yielded “We have no record of a Rachel Ward working here”. I managed to get through to mgmt. within the “Go Public” program.

Talk about some very serious misandry. I get the feeling that the mgmt within “Go Public” subscribes to the notion that males cannot be sexually assaulted, that males can only be abusers, that males can never be abused.

Yes, this is actually true.
Male children cannot be victims of sexual assault.
Only girls can be.
Boys can only be the perpetrators.

Apparently between the time Rachel Ward deep sixed the interview between myself and Jenn Blair and today, Rachel has been involved with covering sexual assaults in the military and how the military justice system is defective and has failed women.

But, in all of her stories, has she ever looked at children that live or lived on the bases in Canada? Nope.

It’s like we never have existed. Especially not boys.

Also, I can see news reporters sitting around in the news room going “Hey, did you see this nutcase? He said that children were in the military and lived in military housing! What a clown! Children! In the military! And living on bases to boot! What a fucking lunatic!”

God damn it, how many times do I have to spell it out for you idiots?
CHILDREN were never in the military and therefore couldn’t be on military bases!!
This Bobbie guy is obviously a fucking lunatic!

So yeah, I don’t really have much in the way of respect for the media.

The lies and bullshit surrounding Medical Assistance in Dying.

One of the things that really pisses me the fuck off about the internet is how quickly lies and bullshit spread and just how fucking gullible people actually are.

“Bobbie, MAiD feels like drowning!!!”

What the absolute fuck was this horseshit?

There is so much disinformation being spread on the Internet that it makes me want to rip my hair out.

There are three drugs used in the Medical Assistance in Dying procedure.

Midazolam

Propofol

Rocuronium

Sometimes Bupivacaine is used, but not always.

Midazolam, Propofol, and Rocuronium are used everyday in surgical procedures across the world.

Midazolam is a sedative. In surgery its primary goal is to relax the patient and put the patient to sleep. During M.A.i.D. Midazolam is used “off label” in order to put the patient into a very deep sleep.

Propofol is used to induce anesthesia during surgery. Propofol has the least amount of side effects of all anaesthetics. If propofol caused a “drowning sensation” it would be very well documented. Propofol is well known to prevent the formation of memories, which is why people undergoing surgery in which propofol is used are the least likely to have remembered sensations of the surgery. During M.A.i.D., Propofol is used “off label” and is given at a much higher dosage in order to ensure that the patient undergoing M.A.i.D. is placed into a very deep coma and that they will not be aware of the procedure or any other sensation.

Rocuronium is used to stop the breathing of the patient. It is used as a muscle relaxant and is often administered prior to intubation. During the M.A.i.D. procedure Rocuronium is used “off label” and is given in much higher dosages than what would be typically used. At this time though the patient is in a very deep coma and brain activity, if any, will be extremely minimal. The patient’s brain will have undergone brain death from oxygen deprivation long before the effects of the Midazolam and Propofol have begun to wear off.

Bupivacaine is often used as a local anesthetic and is frequently used during labour as an epidural. Sometimes, but not always, Bupivacaine is given as the last drug during the M.A.i.D. procedure in order to ensure that the heart stops. Again, with the previous drugs having been administered at such high “off label” levels there will basically be no brain function left once the Bupivacaine has been administered.

So where the fuck this “drowning sensation” comes from is a complete fucking mystery.

Has someone had a séance with someone who recently underwent M.A.i.D.?

Has someone made contact with a M.A.i.D. patient via a Ouija board?

Has someone has conflated Medical Assistance in Dying with the death penalty procedure as practiced in the USofA where suffering is the name of the game?

Has someone placed too much faith in their faith leaders?

Does someone have their alt-right tinfoil cap on too tight?

Death is a very funny thing.

For me to want to be put to death is a major travesty and is not a choice that I should be allowed to make.

For cars to be equipped with mandatory speed limiters to reduce the likelihood of me being killed by some out-of-control car driver is “overreach” and “communism”.

Fighting and dying for land based upon 3,000 year old fables as told by illiterate goat herding barbarians is quite okay because this pleases the one true sky friend out of 3,000 other sky friends.

Requesting one’s own death to escape the depression, anxiety, CPTSD, and other mental health issues that no one has given a single fuck about is evil…….

Do I have a quote?

Do you have a quote you live your life by or think of often?

Quotes, idioms, maxims and the like have never been my forte.

I’m not what you’d call “well read”. I’ve read books from John Irving, Clive Barker, Stephen King, John Grisham. I’ve even read Mary Shelley’s Frankenstein, and Emily Brontë’s Wuthering Heights.

I didn’t have much of an exposure to music as a kid.

To be honest my interest in novels and music didn’t pick up until after I left home when I was sixteen. But even at that I never really gleaned anything that I would consider to be a quote that I “live my life by or think of often”.

The closest that I would ever consider to be a quote that I think of often is a lyric from a song that was released in 2011

“As much as I’d like the past not to exist…….
……it still does” – Lost in Paradise – Evanescence.

I like this lyric because it sums up an issue that I have.

I’m stuck in the past.

And there is no moving forward.

What I went through as a kid on Canadian Forces Base Namao is not something that can simply be moved on from.

It’s not that no one knew about the abuse.

Everyone knew what was going on.

Various parents on Canadian Forces Base Namao knew what the babysitter was doing as they made complaints to the base military police.

The base military police knew as when they questioned the babysitter and asked him who had shown him how to do what he was doing, he named captain father Angus McRae.

The other parents knew who I was and that I had been found being buggered in the babysitter’s bedroom as I was no longer allowed to play with the other kids on base. I was “dirty”

Just months after the abuse ended I was diagnosed with major depression, severe anxiety, haphephobia, and a host of other issues that would become so severe that I was supposed to have been placed into a psychiatric hospital for children.

But for some reason my military social worker, captain Totzke, along with my father, master corporal Richard Gill, were functioning as road blocks to my receiving treatment.

Even when my father was posted to CFB Downsview in Ontario from CFB Greisbach in Alberta, he made a promise that he would have me placed into psychiatric care in Ontario.

Nothing ever came of this.

Age 7 and 8 I was sexually abused by a very angry at the world 14 year old. This also included various visits to the chapel when the babysitter would escort me over. From age 8 until age 11 I was caught in a battle with my father and captain Totzke on one side and Alberta Social Services and various psychiatrists on the other side. One side wanted to help, one side wanted to hinder.

From age 11 until age 16 I lived on Canadian Forces Base Downsview with my father who was still having issues with his alcoholism and his hair trigger temper.

And from age 16 until the present day I’ve been surviving.

It’s not that I like living in the past.

It’s that I was never allowed to move on from the past.

The past is all that I have ever known.

All I knew was my father’s anger for having “fucked” with his military career.

All I knew was that it was my fault the babysitter abused my brother.

According to captain Totzke, it was my “homosexuality” that made me go along with the babysitter.

It wasn’t that I didn’t want to escape the past.

It was that I was never allowed to forget the past.

When I was about 14 my father beat the shit out of me when Scott stole our stepmother’s car and went for a joy ride. Richard was kicking me in the back as I was trying to crawl under my bed to get away from him. It was my fault that Scott was acting the way he was acting because I let the fucking babysitter touch him.

Again, it’s not that I want to be stuck in the past.

It’s that I was never allowed to even consider leaving the past.

And with the modern day Canadian Armed Forces being hellbent on ensuring that the truth never comes out about CFB Namao I never will be allowed to move on.

But, even if by some miracle the Canadian Armed Forces and the Department of National Defence were to admit that bad things happened to about 25 children on CFB Namao that should never have happened, this won’t change things for me as I’ve lived each and every day since May of 1980 wondering what the fuck I did that was wrong.

That’s 16,441 days or 45 years and 5 days since I was forced to live with this.

< 24 hours to go.

Okay, so I have less than 24 hours to go before I go see my nurse practitioner tomorrow to start on Hormone Replacement Therapy.

Many years I have waited for this.

Always something in the way.

Work.

Ghosts from my past.

A 13 year battle with the Canadian Armed Forces.

Have to take things one day at a time.

Transitioning is hard enough, but thankfully I’m no longer a military dependent.

If Captain Terry Totzke tried to destroy me because of the homosexuality that I had exhibited when I “allowed” myself to be molested by the babysitter and Captain McRae, just imagine what would have happened if I had told Terry if I felt like I should have been a girl.

My father’s disdain that he exhibited towards me after the CFB Namao fiasco and the absolute silence he directed towards me after I sent him the letter in May of 2008 explaining why I had changed my name tells me exactly how Richard would have reacted to me as a kid if I had declared that I wanted to be a girl.

And the fact that the community that I lived in and grew up in was governed by Canadian Forces Administrative Order CFAO 19-20 should explain to you that growing up as a trans kid on base would have been absolutely impossible and not tolerated in the least.

I honestly don’t know what things are like on base these days. I moved out of the house when I was 16, and except for two months in 1990 I have never lived on a Canadian Armed Forces Base since.

Sure, the Canadian Armed Forces have attested that things are different these days. But they’ve been saying the same thing about their flawed military justice system since the days of Somalia, and they’ve been saying the same thing about sexual assaults in the military since the ’80s.

The Canadian Armed Forces is the penultimate “old boys club” and they’re used to getting what they want and they don’t and won’t tolerate what they don’t want to.

DNA TESTING

On another front:

DNA test progress

I honestly don’t know what to expect from this.

My mother is potentially Chinese on her maternal side and Quebecois French on her paternal side, I expect to see some of that. How strong the Chinese ancestry will be is anyone’s guess. I never met my maternal grandparents. And Marie never spoke about her mother other than to say that she died young from an epileptic seizure in the bathtub.

On my father’s side I expect to see Cree ancestry and some Irish. My paternal grandmother was Swampy Cree and my paternal grandfather was Irish.

It’ll be interesting as mammals share more of their DNA with their mothers than with their fathers, but the father’s DNA controls the expression of some genes.

All humans carry the mtDNA of their mothers. That is the mitochondrial DNA of our cells come only from our mother, which they got from their mother, and so on and so on.

As I said, it will be interesting to see what my lineage is.

Also, I’m curious to see how many half siblings I have.

And how many extended family members there are.

Now, bear in mind this will only be as successful as the number of relatives that have also completed a DNA test.

So, May will be an interesting month.

4 Months To Go

Well, it’s four months to go until I see my nurse practitioner to engage the path for Medical Assitance in Dying.

The sense of calm that I have enjoyed since I first decided to avail myself to M.A.i.D. grows day by day.

It’s like the feeling you get when you’re doing a double shift at work and you’re dead tired and your bones ache and you can’t wait to get home and go to bed. You know it will all be over soon.

That’s the way it is with me.

My end is coming soon.

My end will be peaceful.

No trauma, no terror.

Again, it’s four months until my application, not four months until the proceedure.

At this point in time I have no idea of when I will be able to undergo the proceedure.

According to my lawyer, the Department of Justice is close to offering up a settlement.

My fear is that Captain McRae’s teenaged accomplice will be the only one to get any form of compensation.

I can see the DOJ arguing that it can only offer compensation to the victims of Captain McRae and not the victims of Captain McRae’s teenaged accomplice.

In 1980, contrary to the evidence on hand, Base Commander Colonel Daniel Edward Munro only forwarded the charges related to the babysitter to the court martial court. All other charges against Captain McRae were dropped.

Remember that this was in 1980. There was no military prosecutor to review the charges. The Provincial Crown wasn’t consulted. It was the commanding officer of the accused that reviewed the charges. McRae’s commanding officer was base commander Colonel Daniel Edward Munro.

No one will ever know if the investigation was interferred with back in 1980.

This was one of the concerns with the Somalia Inquiry, that the chain of command could exert influence over military police investigations due to the rank hierarchy in the military and the legal requirement for military personal to obey the lawful commands of their superiors. This is what led to significant changes to the National Defence Act in 1998 with the passing of Bill C-25 “An Act to Ammend the National Defence Act”.

Also, it was a chain of command decision in 1980 to not call the Royal Canadian Mounted Police in to deal with the babysitter thereby forever fucking the victims of both pedophiles.

Apparently the DOJ is working towards payments based on a table that was used for the Indian Residential School Settlements.

The problem with this is that it’s based upon a $10,000.00 payment for every child that went to Residential School. To claim more you had to provide verified proof that other events occured at school.

When I made my complaint to the Edmonton Police Service in 2011, it was kicked over to the CFNIS. The CFNIS even admitted in their paperwork that in 1980 this matter was the jurisdiction of the Royal Canadian Mounted Police as it was civilian on civilian.

The fact that the CFNIS had in their possession the CFSIU investigation paperwork from 1980 and the courts martial transcripts from 1980 would seem to indicate that I am not the first person to come forward with complaints against the babysitter.

This operation to gaslight me was far too smooth.

If it wasn’t for Master Corporal Christian Cyr telling me very specific information and asking me very specific questions, both of which only existed in CFSIU DS 120-10-80, I would never have had any proof.

If I was a gambling man I’d say that the CFNIS has investigated complaints against Captain McRae and the babysitter numerous time since 1998.

But with the legal inability to ever charge Angus McRae for crimes against children that occured prior to 1998 due to the three year time bar in the National Defence Act, the CFNIS, the Canadian Forces Military Police Group, and the Canadian Forces Provost Marshal more than likely have a well oiled script for dealing with these complaints that always, and without exception, just don’t have enough evidence to lay charges.

Sorry, better luck next time.

The CFNIS ran a very, very smooth gaslighting operation from the word go.

The goal of the investigation was to try to convince me that (a) the abuse never occured, (b) the abuse was very minor and trivial, (c) I was lying about the abuse.

When interviewing one of the other victims of the babysitter, the CFNIS asked this victim if he would agree that “Bobbie was a societal malcontent with an axe to grind against the military”.

So, what does this have to do with the potential DOJ settlement?

Based on the information provided to the Alberta Crown, the crown determined that basically I was a liar. There was obviously no babysitter and my father said there was no babysitter. The CFNIS provided the Alberta Crown with the babysitter’s incorrect age. The exact incorrect age that existed in the 1980 CFSIU paperwork. This led Alberta Crown prosecutor Jon Weribicki to conclude that 1-1/2 years of graphic child sexual abuse at the hands of a pedophile that was twice my age and fully sexually developed was nothing more than “childhood curiosity and experimentation”.

Why would the CFNIS do this?

It wouldn’t be their choice.

This would have come down from high up the chain of command. The Vice Chief of Defence Staff has the legal authority under the National Defence Act to direct ANY CFNIS investigation.

Much like in 1980, the Canadian Armed Forces and the Department of National Defence would be terrified of the Canadian public discovering that children were not safe on military bases and that the military justice system failed untold numbers of kids.

And even worse, the Canadian Forces don’t want it known that they can’t conduct courts martial proceedings for service offences that occured prior to 1998 due to the 3-year time bar. And they can’t simply kick these matters over to the civilian courts as that option didn’t exist in 1980. In 1980 Captain McRae could only be tried by courts martial for the service offences of Gross Indecency, Indecent Assault, and Buggery. There was no way possible in 1980 to send him to the civilian system. And if the either the CFSIU or the CFNIS arrested and charged Angus McRae anytime between May of 1983 and his death in May of 2011 the CFSIU or the CFNIS wouldn’t be able to do anything with the charges as the three year time bar would apply.

Now, I doubt the the Minister of National Defence, the Chief of Defence Staff, and the Vice Chief of Defence Staff in 2011 would have ever envisioned that I would have seen this matter through as far as I have.

They probably all assumed that I would have sulked away with my tail between my legs.

The problem is that I went though too much hell with Captain Terry Totzke and Master Corporal Richard Wayne Gill in the aftermath.

However, I think I’m about to be subjected to the maxim “No Good Deed Goes Unpunished”.

I think what the DOJ will argue is that the 2011 CFNIS investigation should apply when determining how much settlement money I am offered. Meaning that I will walk away with maybe $10,000.00.

Based on the six charges that Colonel Daniel Edward Munro forwarded to the Courts Martial panel, the babysitter might walk away with $50,000.00 to $100,000.00 even though he was abusing us on his own and providing us to Captain McRae for Captain McRae to abuse in the rectory of the chapel after giving us wine.

Other victims of Captain McRae or the babysitter may fare better than I will as they weren’t called liars by the CFNIS, so if they claim that they were abused 5 or 6 times by the babysitter or McRae they might get $50,000.00 to $100,000.00 as the CFNIS wasn’t able to cast doubt on the veracity of their complaint.

And the one thing that the DOJ is refusing to even entertain compensation for is the years of conversion therapy I endured at the hands of Captain Terry Totzke in the aftermath of CFB Namao. And the DOJ is not willing to compensate for Captain Terry Totzke’s refusal to allow me to receive treatment for my severe mental illnesses due to the sexual abuse on CFB Namao.

But Bobbie, you’ve won, right?

Nope.

I haven’t won anything.

I’ve lost everything.

I’ve lost more in this life than you’ll ever realize.

I’ve lost more in this life then I’ll ever realize.

I was betrayed by my own father.

I was betrayed by the Canadian Armed Forces.

I was betrayed by the Government of Canada.

It wasn’t my choice to live in military housing on military bases.

At no point in my life did I ever agree to give up my rights as a Canadian Citizen to instead my rights as a Canadian Citizen to be cast aisde by the absolutely insane National Defence Act.

So, here I lay on my bed typing this blog entry out.

I know that the memories of the abuse and the aftermath still haunt me to this day.

As a kid I was never treated as a victim.

I was blamed for my abuse and the abuse of my brother on CFB Namao by Captain Terry Totzke and by my father.

The drepression and the anxiety eat away at me each and every day.

And this is why I really want medical assistance in dying.

It wasn’t that I had been abused once or twice and never told anyone.

It went on for a year and a half.

I was blamed for it

I was blamed for what happened to my brother.

I had to endure a dysfunctional household while this was going on.

My grandmother who raised my brother and I from 1976 until 1981 was a piss tank alcoholic.

My own father was a rage prone piss tank alcoholic in the Canadian Armed Forces.

We lived on military bases where dysfunctiona familes were a dirty secret and where everyone minded their own business no matter what they heard going on behind the walls of the PMQs.

I was so far gone that I was supposed to have been institutionalized in two different provinces.

I never received any manner of help with my major depression and severe anxiety that was a result of the sexual abuse with the exception of backhands and belts from my father to help correct my “fucking piss poor attitude”.

With medical assitance in dying I get to go away and never suffer from this shit again.

Yes, I’ll be dead. But I’ll be dead one day anyways. Why prolong the suffering?

It’s not like I’ll get the settlement cheque and then sunshine will burst forth from the heavens.

An apology won’t do fuck all, especially not at this juncture, not after having been fucked silly by the CFNIS starting in 2011.

And with my father being dead and never having to even admit what the fuck he truly knew in 1980, what he agreed to with the CFSIU and the chain of command on CFB Namao in 1980, or having to even weakly explain his statement to the CFNIS in 2011, there never will be any closure for me on this matter.

Yes, I fully understand that my father had great difficulty telling the truth. And he had a predisposition to tell people what he thought they wanted to hear. But it would have at least provided a small modicum of closure watching him squirm.

With the way my brain works I’d be focusing on this shit for the rest of my days. My untreated depression and anxiety would just continue to worsen as the days went by.

This is why I welcome death.

It puts an end to my issues.

It puts an end to my torment.

It puts an end to my mental anguish and suffering.

The Three Year Time Bar

Another hideous flaw in the pre-1998 National Defence Act

In 1998, another flaw was removed from the National Defence Act.

This flaw in a way was even more hideous than the Summary Investigation that I talked about in a previous blog entry.

The problem with the 3-year-time-bar is that it prohibited the laying of charges more than 3 years after the date of the alleged Service Offence.

You’ll remember from the previous post that the National Defence Act enumerates Criminal Code offences as Service Offences. As such crimes such as Gross Indecency, Indecent Assault, and Buggery were service offences that could be tried by Service Tribunal. This is why Captain McRae was tried in a military court martial for committing “Acts of Homosexuality” such as “Gross Indecency”, “Indecent Assault”, “Buggery” with boys under the age of 15 on Canada Forces Base Namao.

The interesting thing about this 3-year-time-bar is that it applies to ALL service offences prior to 1998.

Also, even if a member of the Canadian Armed Forces is currently retired and no longer subject to the Code of Service Discipline, if the member was subject to the Code of Service discipline when they sexually abused a child on a military base they would still enjoy all of the rights that the National Defence Act bestowed upon the service member at the time of the offence.

What this means is that even if the Canadian Forces National Investigation Service were to find the man from the sauna who Peter provided me to for the purposes of oral sex this man could never be charged if he was a member of the Canadian Forces regular force in 1980.

If this man by some small miracle is a civilian with no connection to the Canadian Armed Forces and was never subject to the Code of Service Discipline, then he could be charged under the criminal code.

Don’t believe me?

In 2017, in a telephone call with Sergeant Damon Tenaschuk of the Canadian Forces National Investigation Service Pacific Region, I asked Mr. Tenaschuk if he could try to talk to Colonel Dan Munro. I thought that this would be a simple matter seeing as how Sgt. Tenaschuk was on CFB Esquimalt just outside of Victoria, BC and Daniel Edward Munro lived in a suburb of Victoria, BC.

Instead, I received the following email from Sgt. Tenaschuk:

So there you have it.

The three year time bar is real, and it affects all Service Offence and all Criminal Code matters that occurred prior to 1998.

All I had asked for was for Sgt. Tenaschuk to talk to Daniel Edward Munro to see if Daniel had improperly bent the rules when he preferred the charges that Captain McRae faced in court martial and dismissed the other charges.

For Tenaschuk’s legal officer to say right of the bat that the 3-year-time-bar would prevent the laying of charges makes me wonder how many Canadian Forces personnel got away with Service Offences / Criminal Code offences prior to 1998.

Anyone who was subject to the Code of Service Discipline prior to 1998, and who sexually abused a child on a defence establishment, will NEVER face their accuser in court. Their victim will NEVER receive justice.

And this suits the Minister of National Defence and the Chief of Defence staff just fine. As it stands right now, you don’t hear anything about children being sexually abused on military bases by military personnel from the pre-1998 days. And as it turns out this isn’t because no child was ever sexually abused on base. It’s because if these kids didn’t report their crimes within the period of three years they would never be able to report their crimes..

In 2010, charges were brought against retired Brigadier General Roger Bazin. He was accused of sexually abusing a child on Canadian Forces Base Borden in the early 1970s. The matter made it so far as court, and then suddenly everything was dropped. No explanation was ever made to the media as to why the charges were dropped. You’d think that if the Crown has just smeared someone’s name through the media that they’d be obligated to explain to the public why the charges were dropped at the last minute.

No lawyer in the media claiming “my client has been vindicated”. Nothing. Radio Silence.

In my matter, Captain Father Angus McRae was alive until May 20th, 2011.

The investigation into my complaint started on March 5th, 2011.

The CFNIS knew about the connection between my babysitter, Peter, and Captain Angus McRae right from the get-go.

This means that the JAG, the Provost Marshal, and the CFNIS were aware at the start of the investigation that even if they were able to arrest Peter, that they’d never be able to charge Captain Father Angus McRae. This must have posed quite the dilemma for the Canadian Forces.

They had the CFSIU paperwork from 1980. They knew what Peter had been doing.

But they also knew that they would never be able to charge Angus McRae.

This would be quite the scandal, no?

When the CFNIS started the investigation in March of 2011, they couldn’t have possibly known that Captain McRae would have been about to die. They would have had to structure the investigation with the knowledge that Angus McRae was alive.

Anyways, here’s what Legislative Summary LS-311E had to say about the 3-year-time-bar-flaw.

These are the PDF pages of the images above.

This is LS-311E (1998) in its entirety.

Daniel, what did you do?

What did you do that the Judge Advocate General won’t allow an officer of the Canadian Forces Special Investigation Unit to talk to you about the events that occurred on your base from May of 1980 until July of 1980?

Can you actually sleep with this on your conscience?

Or do you rest well at night know that the Canadian Forces and the Department of National Defence will cover your ass, not because you’re a great guy, but because if they uncover something unsavoury from Canadian Forces Base Namao that this will snowball into unsavoury events on many of the other Canadian Forces Bases where men such as yourself were able to hide things that had occurred on the bases that you were commanding.

How many kids did commanding officer bury on the bases?

Only time will tell.

This just keeps getting more and more interesting.

https://www.cbc.ca/news/politics/canadian-armed-forces-sexual-assault-survivors-cases-closed-during-crisis-1.6274844

Interesting isn’t it.

This is exactly what the CFNIS and the MPCC told me in 2013.

P.S. didn’t want to speak to the investigators, so that was it – there was nothing the CFNIS could do.

And as my brother would say, you can’t force someone to talk to the police. If you talk to the police you only incriminate yourself. If the police had enough evidence they’d go to the Crown and get an arrest warrant.

https://www.cbc.ca/news/politics/canadian-armed-forces-sexual-assault-survivors-cases-closed-during-crisis-1.6274844

One interesting thing that I did learn though is that if police have evidence to show that someone has committed similar offences in the same relative period of time the police can provide that evidence to the Crown in order to persuade the Crown to allow charges to be laid.

The Military Police Complaints Commission stated in the 2020 findings that the CFNIS had in their possession the CFSIU investigation paperwork from May and June of 1980 as well as the July 18th, 1980 CM62 court martial transcripts.

What did the CFSIU investigation and the CM62 court martial transcripts indicate?

They indicated the following:

  • P.S. had taken a group of young boys into the Horseshoe Forest, P.S. had the boys to drop their pants. P.S. then removed his erect penis from his pants, spit on his penis, and penetrated a 10 year old boy.
  • There were complaints from parents on the base about P.S.’s sexual behaviour with younger children. This is what initiated the investigation of Captain McRae.
  • P.S. was already receiving psychological treatment for his attraction to young children.
  • P.S. was arrested and convicted in 1982 for molesting a young boy in a town just north of Canadian Forces Base Petawawa where his father had been stationed. P.S. would have been either 16 or 17 depending if this occurred prior to June 20th or after June 20th.
  • P.S. was arrested and convicted in 1984 for molesting an eight year old boy in Manitoba in relation to an unnamed Canadian Forces Base there.
  • In the spring of 1985 P.S. was arrested and charged with molesting a 9 year old boy on Canadian Forces Base Edmonton, as a result of this P.S. was kicked off the base by the Canadian Armed Forces.
  • P.S.’s father rented P.S. in the west side of Edmonton. P.S. lured a 13 year old newspaper boy into his apartment and molested him on a few occasions.
  • In August of 1985 P.S. was convicted of molesting both the 9 year old and the 13 year old.

Why didn’t the CFNIS pass this information on to the Crown?

The fact of the matter is the chain of command above the CFNIS did not want charges brought against P.S. as this would only open up a festering wound that the Canadian Forces and the Department of National Defence have kept a bandaid on for the last 40 years.

If the CFNIS had provided the Crown with enough evidence to indicate that P.S. was in fact KNOWN to have been molesting children and if the Crown had approved charges against P.S. this would have exposed the Canadian Armed Forces to the fallout that would have resulted from the Canadian public learning the truth about what had transpired on CFB Namao from 1978 to 1980 and that the Canadian Forces had sacrificed the lives of numerous children/adults in favour of keeping a hideous secret out of the public eye.

Instead, in my matter the CFNIS just threw their hands up and said that P.S. didn’t want to talk to them so there was little they could do.

That’s what you call “bullshit”.

Beyond a doubt the CFNIS knew what P.S. had been up to. The CFNIS had all of the paperwork and they had his criminal record.

The CFNIS had two options.

(a) The CFNIS could have gone to the Crown with all of the evidence to show that P.S. wasn’t suspected of molesting children, P.S. was a confirmed child molester. The CFNIS could have then arrested him, brought him in to talk, and at least got the truth about what had happened back then even if it resulted in nothing more than symbolic charges.

-or-

(b) The CFNIS could have approached the case in a totally different manner. The CFNIS could have approached P.S. as a victim of Captain McRae whom was obviously molesting children as a direct result of Captain McRae’s grooming, instructions, and directions.

The problem with either option (a) or option (b) is that they exposed the office of the Minister of National Defence and the Canadian Armed Forces to multiple civil actions which would have none the less resulted in very negative media coverage.

This is why the CFNIS were not allowed to bring any type of charge or even to treat P.S. like a witness. The Chain of Command made the decision and their subordinates did as they were told. The past was going to stay in the past where it had been buried in 1980.

I can fully see the CFNIS still doing this. And remember, it’s not that the investigators are in on this duplicity. The order only has to be given to senior officers within the Provost Marshal or the CFNIS chain of command. Once the investigation has been shaped by the chain of command, the investigators never have a chance no matter how good their intentions are.

I think tis is one reason why various CFNIS investigators, “the good ones” made sure to share pertinent Information with me and made sure that I knew what documents to request via FOI and ATI requests.

And talking about moving cases out in to the civilian world, the CFNIS are in the process of handing their investigation of my complaint related to the man in the sauna.

This is in relation to the investigation looking at the man in the sauna that P.S. provided me to for the purpose of providing oral sex to the man.

I have a very good idea of who the man in the sauna was / is.

In the spring of 1980 a very specific major was sent from Ottawa to Canadian Forces Base Edmonton to assist Captain McRae with his affairs during the investigation and subsequent court martial.

This major was involved with the Canadian Forces Chaplaincy branch.

In the spring of 1980 I would have been 8 years old.

This would have been in the period of time between me having been caught being buggered by P.S. in the bedroom of his family’s PMQ and the house fire at his PMQ on June 23rd, 1980.

I had been swimming at the base pool. I was about to get changed when P.S. came over to me and coerced me to go to the sauna.

In the sauna was a man sitting in the far side. The man asked P.S. if I was really as good as P.S. said that I was. The man opened his towel and held his erect penis and motioned me to come over.

If I had to hazard a guess I would say that I had performed oral sex on P.S. at least two dozen times from the fall of 1978 until the spring of 1980. And this isn’t including the older boys that P.S would often hang out with.

So I put the man’s penis in my mouth and I played with his balls.

He stopped me just before he ejaculated.

I never saw this man again.

Now, if this man is who I think it is he would have known about P.S. and the affinity that P.S. had for children. He would have known that P.S. was the reason Captain McRae was in trouble. Was he trying to “blackmail” P.S. by getting P.S. to do something as horrible as pimping out an eight year old?

Or, seeing as how this man was a member of the Catholic church just as his subordinate Captain McRae was, did he have a thing for young children. If he knew the details of what P.S. and Captain McRae had been doing on the base, then he would have known that P.S. had been bringing children over to the rectory for Captain McRae and P.S. to molest. So maybe he knew that P.S. could supply him with fresh young meat.

And it’s not like the man I have accused is squeaky clean. This man has had his own troubles with the sexual molestation of children over the years.

Anyways, it remains to be seen how badly the CFNIS screwed up this investigation.

And you wonder why I am seriously considering medical assistance in dying in March of 2023 when it becomes legal for psychiatric issues. There’s only so much shit that one person can keep locked inside their skulls before it all becomes toxic. And no, seeking MAiD does not make me weak. Others who have been involved with the Captain Father Angus McRae have attempted suicide, have committed suicide, and have had mental health issues that have plagued them for their lives. And to have the Canadian Armed Forces do everything in their power to deny us our freedom from the torment associated with the events from CFB Namao is beyond the pale.

And here’s hoping that the media will pay attention to military dependents who were sexually abused on defence establishments by persons who were subjected to the Code of Service Discipline. We are stuck in a world of grey between the civilian justice system and the military justice system, between the provinces and between Ottawa.

If you’re keeping tally, I’ve blown a major, more than likely been buggered by a captain while drunk on wine, pleasured my 14 year old babysitter on numerous occasions, blew an enlisted guy on CFB Griesbach. And this was all before I turned 11.

It’s no wonder I hate sex.

Duuuurrrrrpppppp

The polite way of saying “No Shit Sherlock!”

I know that the National Defence Act and the Queen’s Regulations and Orders may be rather dry and boring reads. But everyone should at least have some basic familiarity with these acts as they are the corner stones of a separate and parallel justice system that exists in this country.

From Twitter

https://twitter.com/JacquesGallant/status/1466739412595793921?s=20

As my father would often say to me “I’m going to make this very fucking crystal clear to you”. The Provost Marshal can’t take a piss without permission from their superiors up the Chain of Command. There is absolutely no way that the Provost Marshal will ever be able to investigate persons of a superior rank without the support of someone else higher up the chain of command hierarchy.

This is the Canadian Armed Forces, not your local police department.

These members are all “Soldiers first, police officers second”.

Rank is paramount.

Yes, the Canadian Armed Forces and the Department of National Defence will prattle on uselessly about how the Provost Marshal and the CFNIS are at arms-length from the Chain of Command and can’t be influenced by the Chain of Command.

BULL

FUCKING

SHIT

There is absolutely no language in the National Defence Act that enshrines this imaginary independence just as there is no language in the National Defence Act that requires the military police to hand off child sexual assault investigations to the civilian police even though there are administrative orders and policy guidelines that say just that. As I’ve learnt over the last eleven years, if it isn’t in the National Defence Act or the Queen’s Regulations and Orders then it means absolutely nothing.

This is the link for the current National Defence Act:

https://laws.justice.gc.ca/eng/acts/n-5/index.html

If you read through this you will see that there is absolutely nothing in there that officially places the Provost Marshal, the investigators within the CFNIS, or even the investigators within the military police outside of the Chain of Command.

So what does the Provost Marshal do?:

https://laws.justice.gc.ca/eng/acts/n-5/page-3.html#docCont

Further down the same page there’s a very interesting part of the National Defence Act that says that the Vice Chief of Defence Staff may INSTRUCT the Provost Marshal on ANY investigation.

Pretty fucked up, eh?

So, the Vice Chief of Defence Staff can instruct the Provost Marshal on ANY investigation, and the Provost Marshal is supposed to make these instructions available to the public, that is unless the Provost Marshal (no doubt on order from the VCDS) decides that it would not be in the “best interests of the administration of justice” to make these instructions available to the public.

Here’s an interesting section of the National Defence Act that applies to every and ALL members of the Canadian Armed Forces including members of the military police, members of the CFNIS, and even the Provost Marshal. There are NO exceptions written or implied to this section.

https://laws.justice.gc.ca/eng/acts/n-5/page-7.html#h-375455

There’s a reason it says “lawful” and not “legal”

The term “lawful” still causes a lot of issues today. How is a subordinate supposed to know the legal validity of an order issued by a superior? There is no language contained within the National Defence Act that allows for a subordinate to ask the Judge Advocate General to provide legal opinion of a “lawful” command.

What this results in is a police department that is of very limited independence. This is a concern that the Military Police Complaints Commission has raised before in its submissions to the External Review of the Amendments to the National Defence Act.

And I truly and honestly believe that this lack of independence is what sank my complaint against P.S..

In 2020 the Military Police Complaints Commission revealed that the CFNIS had the CFSIU investigation paperwork and the July 18th, 1980 court martial transcripts in their possession which indicated that P.S. was known to the base military police, the CFSIU, and the Judge Advocate General as having sexually abused numerous children on Canadian Forces Base Namao. It was this abuse that lead to the investigation of Captain McRae and the discovery that Captain McRae had been luring children over to the base chapel and giving them alcohol prior to “fooling around with them”. In this paperwork was also McRae’s admission to his ecclesiastical trial that he had been sexually abusing children for years. So this covers his postings at CFB Kingston, CFB Portage La Prairie, CFS Holberg, and of course CFB Namao.

According to the MPCC in 2020 the CFNIS were aware that P.S. was arrested and convicted for molesting a young child in a town just north of CFB Petawawa in 1982, that P.S. was arrested and convicted for molesting a young boy in Manitoba in 1984, that P.S. was arrested and convicted for molesting a 9 year old boy on CFB Edmonton in 1985 when his family had been returned there, and that P.S. was arrested and convicted for molesting a young teen just after he had been kicked out of the military family housing on CFB Edmonton.

I have absolutely no doubt that it was a chain of command decision to not allow the CFNIS to bring charges against P.S.. And this wasn’t to protect P.S. so much as it was to protect the Canadian Armed Forces and the Department of National Defence from humiliation.

As the MPCC have said in their submissions to the External Review, investigators with the CFNIS won’t even know that the chain of command has interfered with their investigation if the interference occurs high enough up the chain of command.

How do I think the Chain of Command interfered with the CFNIS investigation into my complaint against P.S.?

  • When the CFNIS took my complaint away from the EPS in March of 2011 I have no doubt that when they entered the name of P____ S________ into the SAMPIS database an alert came up instructing the CFNIS to refer this matter to the Provost Marshal or to the office of the Judge Advocate General for instruction.
  • Angus McRae was still alive at the commencement of the investigation. Angus McRae didn’t die until May 20th, 2011. This posed a very serious problem for the CFNIS. Due to the 3-year-time-bar as well as the Summary Investigation flaws that existed in the pre-1998 National Defence Act, charges could never be brought against Angus McRae no matter what the investigation uncovered while P.S. could be charged. The 3-year-time-bar and the Summary Investigation Flaw applied to service offences. Service offences included but were not limited to “Gross Indecency, Indecent Assault, Buggery, Sexual Intercourse with Female under 14, Sexual Intercourse with Female 14 to 16, Sexual Intercourse with stepdaughter or ward, Incest”
  • When I was interviewed by Mcpl. Hancock on March 31st, 2011 he kept asking me if there was anything else that I wanted to talk about, anything at all. As the MPCC said, the CFNIS had the CFSIU paperwork and the Court Martial transcripts in their possession during the investigation. I have no doubt that Hancock was instructed to “go fish” and see if he could find out what I knew or remembered about the Captain McRae court martial.
  • On May 3rd, 2011 Mcpl Cyr contacted me and tried relentlessly to get me to believe that P.S. was only 12 or 13 years old when he had been caught buggering me in the spring of 1980. The CFNIS knew exactly how old P.S. was as they had access to the CFSIU investigation paperwork and the July 18th, 1980 Court Martial transcripts. P.S. was born on June 20th, 1965. He was 14 years old in the spring of 1980 when he was caught buggering me. He was old enough under the Juvenile Delinquents Act to be charged with Gross Indecency, Indecent Assault, and Buggery. By insisting to me that P.S. was only 12 or 13 the CFNIS were trying to get me to believe that there was no way to legally bring charges against P.S..
  • On May 3rd, 2011 Mcpl Cyr also let slip about Captain McRae. If the CFNIS didn’t have the CFSIU paperwork or the July 18 1980 Court Martial transcripts already in their possession, how would Mcpl Cyr have known about a then 30 year ols court martial? I told Cyr about the 5 visits, what we’d do when P.S. took me over to see McRae, and that I have no recollection after P.S. and McRae would give me a tumbler of “sickly sweet grape juice”. I’d learn in 2020 that the military police and the CFSIU knew in 1980 that McRae was taking children to the rectory at the chapel and giving them alcohol.
  • On May 4th, 2011 Mcpl Cyr contacted me and told me the chapel never had a rectory, that the chapel that I indicated to him in a “google snapshot” of the base was a different chapel from when I lived on the base, that when I lived on the base the chapel was in a completely different place and that the padre lived off base.. Why was he so intent on proving that there was no connection between myself, P.S., and Captain McRae.
  • I would find out in 2013 that the CFNIS had scrubbed any and all mentions of Captain Father Angus McRae from the investigation paperwork.
  • There’s my father’s dubious statement given to the CFNIS which excludes any mention of the fact that my grandmother was living in our PMQ and was actively raising my brother and I. The CFNIS needed to ensure that P.S. could not be linked to my brother and I in a position of authority, such as having been our babysitter. If it had been established that P.S. had been acting in a position of authority over my brother and I and that P.S. sis in fact use this authority to abuse my brother and I this would have posed problems for him. Did my father give the statement he gave to cover his own ass, or did he give the statement he gave because he had been coerced? Forgetting about grandma is a pretty significant faux-pas.

Why would the Chain of Command interfere with the CFNIS investigation of KNOWN serial child sexual abusers (McRae and P.S.)?

My guess would be to avoid public humiliation, public scrutiny, and financial risk.

To this day the Canadian public and the Canadian media are oblivious for the most part to the fact that children lived on the various Canadian Forces Bases in Canada. These children were sometimes sexually abused by members of the Canadian Armed Forces. Due to transfers, and flaws in the National Defence Act, bringing charges would often prove very hard to do.

In the matter of Canadian Armed Forces officer Captain Father Angus McRae, captain McRae was known by the Canadian Armed Forces to have molested well over 25 children on Canadian Forces Base Namao. The Canadian Armed Forces are also aware that during the court martial of Captain McRae in July of 1980 evidence was admitted that indicated that Captain McRae had sexually abused children for years.

During the Captain McRae court martial McRae’s defence counsel tried to use P.S.’s habit of sexually abusing children, as well as his recent psychiatric treatments to help him deal with his predisposition to sexually abuse children, as a means to discredit his testimony against Captain McRae.

For just about 40 years now the Canadian Forces have been able to keep this matter firmly under the rug. And the Canadian Forces are happy and content to keep it there.

I know of two persons who have committed suicide as a result of the CFB Namao child sexual abuse scandal.

I know of two persons who have attempted suicide as a result of the CFB Namao child sexual abuse scandal.

I know of others who have carried the scars of that abuse into their adult lives.

I am certain that I was not the only male child from Canadian Forces Base Namao to receive military “conversion therapy” as a result of the “homosexuality” that I had exhibited as a result of my abuse at the hands of P.S. and Captain McRae.

Also, I have absolutely no doubt that the Minister of National Defence, the Department of National Defence, and the Canadian Armed Forces do not want the Canadian public to discover that historical sexual crimes against children cannot be prosecuted against former service members due to the 3-year-time-bar and the Summary Investigation flaws that existed prior to 1998.

But I think the most significant reason as to why the CFNIS was instructed to run such a laughable investigation into my complaint against P.S. was that the Office of the Minister of National Defence wanted to avoid civil liability for the actions of their members on secure defence establishments for which the Canadian Forces owed a duty of security to those persons living on secured defence establishments.

If the CFNIS had been allowed to bring charges against P.S., how many of the other 25 children that P.S. and Captain McRae molested would have been allowed to bring civil actions against the Crown for damages for the abuse that occurred on a secure defence establishment in a building owned by the Canadian Forces which was orchestrated by an active officer of the Canadian Armed Forces regular forces?

I’m happy that the Minister of National Defence has moved all sexual assault investigations out into the civilian police. But not even the civilian police will be able to overcome the 3-year-time-bar or the Summary Investigation flaw.

And the civilian police will still run into the problem of trying to access the service records of members of the Canadian Forces who are under investigation for sexual assaults.

But yeah, there never was any independence of the Provost Marshal from the Chain of Command. Anyone who believed that the military police, the CFNIS, or the Provost Marshal from free from Chain of Command influence needs to come back to the world of reality.