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.

Daniel Edward Munro

What pray tell did retired Canadian Armed Forces officer Brigadier General Daniel Edward Munro do back in June and July of 1980?

Former base commander of CFB Edmonton and
Commanding Officer of Captain Father Angus McRae.

Brig-Gen. D.E. Munro
Ret. Brigadier General Daniel Edward Munro

I don’t know too much about Daniel except for that he appears to have joined the navy in February of 1955. He retired from the Canadian Forces in September of 1990 with the rank of Brigadier General.

I did make contact with Daniel about 5 years ago. He had some involvement with a lawn bowling club in the suburbs of Victoria, B.C.. Oddly enough he didn’t want to talk about his role in the court martial of Captain Father Angus McRae.

I have no respect for Daniel, so I’m not going to use his rank or his last name. I will always refer to Angus McRae as Captain Father Angus McRae so that everyone remembers that this child molester was a regular force officer in the Canadian Armed Forces.

Daniel was a Colonel in 1979 when he was the Base Commander of Canadian Forces Base Edmonton which was comprised of Canadian Forces Base Namao and Canadian Forces Base Griesbach. Daniel seems to have had a decent career in the military as he retired a Brigadier General.

Daniel was also the Commanding Officer of Captain Father Angus McRae.

One of the more curious aspects of Daniel is that as McRae’s commanding officer Daniel was the person that formerly charged Captain McRae with the offences that McRae was accused of committing.

Daniel Edward Munro laying charges against Captain Father Angus McRae
Daniel Edward Munro laying charges against Captain McRae

Captain McRae was being charged with having committed Service Offences via Section 120 of the National Defence Act which enumerated civilian Criminal Code offences as Code of Service Discipline matters.

Prior to 1985 the Canadian Armed Forces could not conduct a service tribunal for the crimes of “Murder, Manslaughter, or Rape”. However, Gross Indecency, Indecent Assault, and Buggery are not “Rape”.

Also, the Canadian Forces could not conduct a service tribunal for “Gross Indecency”, “Indecent Assault”, and “Buggery” unless the possibility of consent existed. (see Regina vs. Corporal Donald Joseph Sullivan).

In 1980, the age that a child could consent to have sexual relations with an adult was 14. Hence why Captain McRae was not charged with sexually abusing any child under the age of 14. This explains why Peter was the only boy that Captain McRae was charged for committing “acts of homosexuality” with. All of the other kids were under the age of 14. If McRae had been charged for committing “acts of homosexuality” with boys under the age of 14, McRae’s trial would have had to have been moved into the civilian courts.

Section 120 National Defence Act
Section 120 of the 1970 RSC Chapter N-4 National Defence Act
Section 120 of the 1970 RSC Chapter N-4 National Defence Act

How would a man such as Daniel Munro get the power to bring charges or dismiss charges against his subordinate? That would be via Sections 139 and 140 of the 1970 Revised Statutes of Canada, Chapter N-4, National Defence Act.

Section 140 of the 1970 National Defence Act

The National Defence Act would be updated in 1985, below is the 1985 version.

Section 162 of the 1985 National Defence Act

When these acts are updated, sections get moved around as other sections are added, amended, or deleted. 1975 Section 140 became 1985 Section 162. “R.S., c. N-4, s. 140.” at the end of Section 162 is telling the reader to refer to the Revised Statutes of Canada, Chapter N-4, Section 140 for the previous version of this section. As the two sections read identical, there were obviously no changes.

Remember the Somalia incident in the early ’90s when members of the Canadian Airborne Regiment lured a teenager into a compound and then tortured and beat him to death?

That fiasco, and the fallout from it led to the Somalia Inquiry. The Somalia Inquiry came about because the Canadian Armed Forces weren’t seemingly able to mete out justice in this matter. No one of an officer rank was held responsible, and the whole fiasco got dumped on the shoulders of one Private Kyle Brown who turned out to be the official scape goat for the Somalia Incident.

The Inquiry found that this was able to happen solely because the Chain of Command was able to interfere and mis-direct the military police and the CFSIU. Basically those up the Chain of Command ensured that other officers in the Chain of Command wouldn’t have to wear the responsibility of their subordinates.

Out of the inquiry came two striking recommendations.

The first was to outright eliminate the requirement of the Commanding Officer to conduct a summary investigation AFTER the military police had laid charges against their subordinate. The second recommendation was to eliminate the 3-year-time-bar. I’ll talk more about that in the next post.

Legislative Summary LS-311E Section 2d
From 1998
Explaining the language in Bill C-25 (1998)
An Amendment to make Amendments to the National Defence Act.

From 1950 until 1998, Commanding Officers were required under the National Defence Act to review the charges that had been laid against their subordinate by the military police. The Somalia Inquiry found that these Commanding Officers often had no legal training, no legal background, and often put their own parochial interests above the ideals of justice. After all, the military justice system is not a justice system, it is a disciplinary system.

This was altered a bit in 1997 when an Administrative Order was issued from NDHQ which required that Commanding Officers wishing to dismiss charges against their subordinates would need to speak to a Legal Officer from the office of the Judge Advocate General.

And yes, if you read LS-311E Section 2d carefully enough, it states in very plain English that ANY Code of Service Discipline Charge (gross indecency, indecent assault, buggery) that Daniel dismissed against Captain McRae in could never be brought against Captain McRae at a later date by either a Civilian or Military tribunal.

Nobody will ever know how many charges Daniel dismissed against Captain McRae.

Nobody will ever know which one of Daniel’s superiors ordered him to dismiss the charges he may have dismissed. After all, Daniel was bound by the National Defence Act to obey his superiors.

The Somalia Inquiry also found that Base Commanders wielded and inordinate amount of power over not only the base military police, but also the CFSIU as well.

When I spoke to retired Warrant Officer Frederick R. Cunningham on November 27th, 2011 he said that the military police knew of many more children that had been abused by Peter and Captain McRae but that the “brass” dropped all of the charges against McRae except for the charges related to Peter.

When I spoke with Peter’s father Jack in July of 2015 Jack said that shortly after Peter had told the base military police about what Captain Father Angus McRae had been doing the military police officer showed Jack a list with at least 25 names on it.

Remember, both of these events happened in 2011 and 2015. Well before David Pugliese was able to hound the Department of National Defence into releasing the transcripts of Captain Father Angus McRae’s court martial to me.

In 2020 I would discover that neither Jack nor retired Warrant Officer Frederick R. Cunningham were lying to me. There was a list of names.

A search for “List” revealed 13 exact matches.
List of Names
Names listed by Captain McRae
McRae and the Rectory.

So, as you can see, there was a list. This list contained the names of all of the boys that were hanging around McRae’s PMQ and the Rectory.

Yeah, he gave us liquor.
Much easier to get us to loosen up.
Much easier to help us not remember what had happened, even though deep inside we all know something happened.

And yes, the base military police, the CFSIU, and Daniel all knew that there was a list of names, that Captain McRae had been sexually abusing NUMEROUS children on a secure defence establishment, and yet Captain McRae was only charged with committing “Acts of Homosexuality” with ONE BOY.

As I said before, I don’t think we’ll ever know how many charges Daniel dismissed against his direct subordiate, or why he dismissed those charges and only allowed the ones involving Peter to proceed.

But what I do know is that Daniel signed my fucking death warrant on July 2nd 1980 and left me to a life time of torment created by Canadian Armed Forces officer Captain Terry Totzke, and Master Corporal Richard Wayne Gill, my spineless father.