Department of Justice

No fucking shit, you don’t say!

The one thing that I’ve learnt in my life is that the Canadian Armed Forces and the Department of National Defence are so full of fucking shit that National Defence Headquarter in Ottawa must smell like a fucking latrine and the office of the provost marshal must smell like a port-a-potty that’s overflowing..

The sole job of the Canadian Forces Provost Marshal it seems would be to concoct lies and bullshit to feed to the Military Police Complaints Commission.

The Canadian Forces National Investigation Service and the Military Police seem to serve absolutely no other purpose than to ensure that the Canadian Armed Forces are never held to account for the actions of their members.

In 2011, even before I was interviewed by master corporal Robert John Hancock at Vancouver Police Department Headquarters, the CFNIS already had the May 1980 base military police paperwork, the June 1980 CFSIU investigation paperwork, and the 1980 courts martial transcripts of captain McRae in their possession. The 2011 investigation was doomed right from the start. The entire chain of command from the CFNIS commanding officer right on up to the Chief of Defence Staff would have known about the implications of the 1980 courts martial transcript.

However, the provost marshal willingly and intentionally withheld these documents from the Military Police Complaints Commission in 2012.

There is absolutely no way that the Canadian Armed Forces, the Department of National Defence, or the Judge Advocate General would have allowed the CFNIS to conduct an investigation that would have violated the terms of the NDA that exists between the babysitter and the DOJ, the DND, and the CAF. But how could the CFNIS outright refuse to conduct an investigation they knew they could never allow to come to fruition? They couldn’t refuse. What they could do though is a “Dog-n-Pony show” investigation.

Did the provost marshal forward to the Military Police Complaints Commission a copy of this out of court settlement so that the MPCC could review the settlement to ensure that the terms of the settlement didn’t violate my rights to receive justice?

Nope, instead the provost marshal willingly withheld the existence of the out of court settlement, the existence of an NDA, plus the existence of CFSIU DS 120-10-80 and the CM62 courts martial transcripts.

This way, the provost marshal could simultaneously blow sunshine up the asses of the MPCC while at the same time ensuring that the MPCC would never learn the truth about the 2011 investigation and how it was doomed even before it started.

The Supreme Court of Canada has already rendered decisions that speak to the inappropriateness of police agencies conducting investigations that may subject their superiors to either civil or criminal actions if the investigation were to uncover actions that could be expected to lead to civil or criminal actions. This is why when there’s an officer involved shooting or traffic collision, the police from other municipalities are called in to investigate.

The simple existence of a civil action against the Canadian Armed Forces by my babysitter and the existence of a subsequent settlement between my babysitter and the CAF and the DND means that the CFNIS should have handed this matter over to the RCMP.

If the 2011 investigation had indicated that the babysitter had in fact molested me and my brother, and that the CFSIU investigation paperwork from 1980 indicated the military police in 1980 were aware of this and either did nothing to stop it or were ordered by the chain of command to limit the 1980 investigation, initiating a civil action against the office of the Minister of National Defence would have been a very simple matter.

But, as the Military Police Complaints Commission itself indicated in one of the periodic reviews of Bill C25, the MPCC noted that the Vice Chief of Defence Staff functions as the de facto Chief of Police due to the chain of command. The Vice Chief of Defence staff has the ability to direct CFNIS investigations. The Vice Chief of Defence Staff also reports to the Minister of National Defence.

The way the Military Police Complaints Commission is structured it cannot subpoena documents during a review. And in fact, in 2015 it was revealed by then MPCC Chairperson, Glenn Stannard, that the Military Police Complaints Commission has never been briefed on how exactly the CFNIS or the Military Police function and how their chain of command is structured. As Mr. Stannard said, the MPCC wouldn’t really know what documents it could ask for if it was allowed to.

So, in 2011, the CFNIS conducted a “Dog ‘n’ Pony Show” investigation. An investigation meant to make me feel like the Canadian Armed Forces gave a fuck when the Canadian Armed Forces chain of command wanted the entire captain McRae matter to stay buried in the past.

What’s even worse is the Department of Justice assisted the Canadian Armed Forces with stick handling their lies past a federal court judge.

In 2013 when I stood pleading my issue before a federal court justice, the Military Police Complaints Commission was represented by the Department of Justice. This is the same Department of Justice that represented the Canadian Armed Forces and the Department of National Defence when both agencies were being sued by my babysitter in a civil action he filed in March of 2001. The DOJ knew full well what the DND, the CAF, and the CFPM were doing, but the DOJ just stood back and did nothing as doing nothing ensured that the terms of the settlement with the babysitter would not be violated.

The DOJ could have done the right and proper thing back in 2013 and informed the courts that the CFNIS and the provost marshal had intentionally and wilfully withheld documents from the Military Police Complaints Commission that would have shown that the CFNIS in 2011 was very well aware that it was the acts of the babysitter sexually abusing children on the base that brought the babysitter to the attention of the base military police which in turn initiated the investigation that uncovered the fact that Canadian Armed Forces officer captain father Angus McRae had in fact been molesting numerous children at the base chapel and was known to be giving the children he was molesting alcohol before “fooling around with them” in the rectory of the base chapel.

But, we now know that the provost marshal has the ability to blow sunshine up the ass of the Military Police Complaints Commission and that even if the DOJ is well aware of the wrongdoings of the Canadian Armed Forces, the DOJ would rather turn a blind eye to the truth in order to shield the government from responsibility and liability.

Now, I can hear you thinking to yourself “But Bobbie, why wouldn’t the CFNIS want to get you justice in this matter?”

As I’ve said previously, the Canadian Armed Forces cannot prosecute for service offences that occurred prior to 1998. And service offences that occurred on defence establishments could only be tried via the military justice system unless the accused specifically requested a civilian trial. Back in the day everything on the base was the jurisdiction of the military justice system.

The simple matter is that due to the 3-year-time-bar that existed prior to 1998, no matter of child sexual abuse that occurred on the bases and was committed by a person subject to the code of service discipline could ever be prosecuted in the modern day.

Think back and try to remember how many successful prosecutions there have been in civilian courts for service offences that occurred prior to 1998.

“But Bobbie, your complaint was against the babysitter, not military personnel”.

Again, the CFNIS knew of the direct connection between captain McRae and his altar boys, one of whom was my babysitter. And captain McRae was still alive at the commencement of the 2011 investigation. As the CFNIS had full access to the base military police paperwork and the CFSIU investigation paperwork, they would have known that the babysitter had been molesting various children on base.

Sure, there was nothing stopping the CFNIS from bringing charges against my babysitter. But in doing so the CFNIS, the CAF, the DND, and the DOJ would possiby be violating the terms of the settlement reached between my babysitter and the aforementioned parties when the DOJ moved to settle in November of 2008.

What were the provisions of the settlement?

The settlement is covered by a Non-Disclosure Agreement.

I’ll bet you one-thousand dollars that the provost marshal in 2011 didn’t tell the military police complaints commission in 2012 that the 2011 investigation conducted by the CFNIS of the babysitter was hampered by a settlement and subsequent non-disclosure agreement that protected the babysitter from further investigation and prosecution for his actions on CFB Namao which he committed after his 14th birthday on June 20th, 1979. After all, the babysitter wasn’t just going after my brother and I. The babysitter abused children on subsequent bases that his father was transferred to.

There had to be a reason why petty officer Steve Morris told me on November 4th that the CFNIS “just couldn’t find any evidence that the babysitter was capable of what I accused him of”

There also had to be a reason why the CFNIS told an RCMP officer that my complaint against the babysitter “was likely to go nowhere due to a complete lack of evidence”. This was months before the CFNIS talked to my father, my brother, or even the babysitter.

Oh, there was evidence. There was tons of evidence. It was all there in the CFSIU paperwork and the courts martial transcripts.

But the provost marshal knew that they could hide this information from the Military Police Complaints Commission.

And the Canadian Armed Forces and the Department of National Defence both knew that the Department of Justice had locked this matter down securely with an iron clad NDA.

And both the Official Secrets Act and the Security of Information Act ensure that anything anyone wants to say is kept a secret.

Everyone knows the truth, nobody wants to tell the truth, the MPCC can’t discover the truth, and the media doesn’t care about the truth.

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.

Don’t count your chickens before they hatch.

If there’s one thing that I’ve had to learn in my life it’s to not to count my chickens before they hatch.

As I mentioned previously, the justice in my matter has stated that the class action has merit and that I am okay to be the representative plaintiff.

I can promise you that this very much displeases the Department of Justice, the Department of National Defence, and the Canadian Armed Forces.

The DOJ has 30 days to respond to the decision. They can accept it, which will be very unlikely. Or they can appeal the decision, which is more than likely. I see no reason whatsoever as to why they wouldn’t appeal. They have nothing to lose and everything to gain. This decision can’t get any worse for them.

And if they do appeal, they’ll file their documents 30 minutes before the deadline.

The power imbalance that exists between myself and the Department of Justice is incalculable.

I have already made it clear that I want my name made public, this is why my name shows in the decision.

The DOJ still has the ability to request all names be censored.

The DOJ and the DND could also make applications to move this matter “in-camera” for reasons of National Security. This is the Department of National Defence and the Canadian Armed Forces that we are talking about.

The Department of Justice has access to records and documents that I wouldn’t even know exist.

And don’t forget, but the DOJ also represented the Military Police Complaints Commission and by extension the Canadian Armed Forces Provost in February of 2013 when I filed my application for Judicial Review of the heavily flawed 2012 MPCC review of the 2011 CFNIS investigation.

The DOJ knew then exactly what the Canadian Forces hid and buried, but the DOJ was more than happy to sweep everything under the rug and assist the Canadian Armed Forces with further hiding their dirty laundry from the public eye.

If the DOJ had any ethics or morals it would have requested the RCMP become involved in reviewing historical matters of child sexual abuse on the bases in the days of the pre-1998 National Defence Act once it saw the wealth of documents that indicated how much the CFNIS had willing and intentionally withheld from the Military Police Complaints Commission.

Nope, the DOJ was more than happy just to argue about “new evidence” and “rules”.

You can be certain that the lawyers with the DOJ have already talked to the current and historical Minister of National Defence, the current and historical Chief of Defence Staff, the current and historical Vice Chief of Defence Staff, the current and historical Provost Marshal, the current and historical Judge Advocate General, etc. They’ve probably already had meetings with Daniel Edward Munro.

The DOJ will have access to internal communications that my lawyers and I will never have access to.

These communications will allow the DOJ to formulate an attack and a defence that will not be made clear during discovery.

And I know that documents like this exist. In my case I have records of emails with subject lines being changed to reflect less serious issues and that these files were further relegated to “encrypted files” so that they avoid any searches triggered Access to Information requests.

I also know that the Department of National Defence has a very strict retention period of 7 years for documentations and files.

And you can bet your bottom dollar that the DOJ is not beyond urging the DND and the CAF to follow their retention policy posthaste.

Is there any chance?

Is there any chance that I will pass up on Medical Assistance in Dying?

No.

But Bobbie, aren’t you on hormones?

Yes, yes I am.

And aren’t you on anti-depressants?

Yes, yes I am.

Well then, you should be feeling much better, you should be happy.

No. No I’m not, and it’s nothing to do with being happy.

My brain is burnt out.

I can’t escape the ghosts of so many years ago.

40 years of untreated mental illness has taken its toll.

40 years of living with the fallout of Captain Totzke.

A dysfunctional childhood spent hopping from one Canadian Forces base to another being raised by a rage fuelled alcoholic and his cruel alcoholic mother.

I’m going through with the hormones because this is something that I always wanted to do. This was something that I would not have been able to undertake when I was younger. But the hormones won’t fix a damaged brain nor will the hormones erase 40 years of horrific memories.

I get the feeling that society believes that I owe it to society to fix myself and to live so that I continue to be a benefit to society.

I owe nothing to society.

Society in fact owed it to me to allow me to enjoy a normal childhood and a normal adulthood. Society instead said that it valued the image and prestige of the Canadian Armed Forces over my well-being. And as such society really has lost its “right” to tell me that I have live because I owe it to society.

Well, why don’t you commit suicide?

I’ve known for a very long time that if I were to commit suicide that the babysitter and my father would win and their version of reality would become my truth.

Since learning the whole entire truth about the events that occurred on Canadian Forces Base Namao and how the modern day Canadian Armed Forces are so very hellbent on keeping the secrets of child sexual abuse on Canadian Forces hidden from the public consciousness, committing suicide would be giving the Canadian Forces an easy way out. And you can bet your bottom dollar that the Canadian Forces would pull out all of the stops to tar and feather my name.

So, you’re not really going to take your own life, you’re just doing this for theatrics, right?

Nope. Just waiting to see if the Department of Justice or the Canadian Armed Forces are willing to do the right thing or if they’re going to do everything in their power to keep this matter hidden and buried from the public eye.

The hospital where I work is in the process of moving. The new facility is supposed to be opened by 2027. The acute portion of the hospital is expected to transfer from the old site to the new site in a couple of weeks. The old hospital will stay in operation for a little while longer as it will have to support the various research programs on site until the new research building is constructed. I’ve already made it very clear that I have no interest in going to the new site, that I’m more than content to stay at the old site and run it until I either decide to pull the plug or the site shuts down.

Management for the most part doesn’t know why I have no interest in going to the new site, but there are a few managers that do. Some co-workers know of my plans, but most don’t.

My plan for when I decide the time is right to die is to simply announce that I’ve received an excellent job offer in the maritimes and that I want to take it as I want to return to Nova Scotia to retire there.

And that’s it.

The independence of the military police.

Just thought that I would make a post about the imaginary independence of the Canadian Forces Military Police and the Canadian Forces National Investigation Service from the Chain of Command.

The base MPs and the CFNIS along with its predecessor, the CFSIU, have never been free of the chain of command. The investigators with these agencies are at all times soldiers first and police officers second. These soldiers, just as all other soldiers, are bound by the National Defence Act to obey the lawful commands of their superiors.

And yes, there is a difference between legal and lawful. Member of the Canadian Armed Forces generally don’t have the time and the ability to consult with a legal officer to determine if a lawful command is in fact a legal command.

And this poses a massive problem for persons such as myself who have actions against the Department of National Defence and the Canadian Armed Forces for abuse and neglect that we endured at the hands of members of the Canadian Armed Forces.

In the spring of 1980 the military police commenced an investigation of my babysitter due to the numerous complaints of inappropriate sexual touching of other children living on the base. The investigation quickly exposed the fact that Canadian Armed Forces officer Captain Father Angus McRae was running a child sexual abuse ring on the base.

There were three boys involved with escorting children over to the living quarters attached to the chapel. One of these boys was my babysitter.

You would think that the military police would have wanted to string Captain McRae up with as many charges possible. But that’s not the way that the military justice system worked then.

In May of 1980, after the base military police investigated the babysitter for molesting children, base security officer Captain David Pilling instructed CFSIU Acting Section Commander Warrant Officer Fredrick R. Cunningham to investigate Captain Father Angus McRae for having committed acts of “homosexuality” with young boys on the base. The use of the term “acts of homosexuality” indicated that the Canadian Armed Forces already viewed McRae’s victims not as victims, but as homosexuals participating in homosexual activities.

Now, this is where things become very bad for the victims of Captain McRae that were under the age of 14.

The Canadian Armed Forces could only prosecute for the crimes of Gross Indecency, Indecent Assault, and Buggery so long as consent was a possibility. This fact was raised in the Court Martial Appeal Court finding of Regina vs. Corporal Donald Joseph Sullivan which was held in 1985.

Captain McRae’s commanding officer was Colonel Daniel Edward Munro, the base commander of Canadian Forces Base Namao. In 2017 as a result of me asking a CFNIS investigator if they could talk with retired Brigadier General Daniel Edward Munro to find out what transpired of CFB Namao in 1980 the office of the JAG replied that due to the 3-year-time-bar that existed in 1980, no charges could ever be brought against Munro so the CFNIS declined to talk to him.

In 1980 it would have been the commanding officer of the accused that would have decided what type of investigation McRae would be subjected to and how in-depth the investigation would be.

Colonel Daniel Edward Munro along with his chain of command would have known that the Captain McRae couldn’t be subjected to a courts martial for any crime committed against a child under the age of 14. Munro and his superiors would have known that to prosecute McRae for abusing any child under the age of 14 the Morinville RCMP would have had to be called in. And this would mean that McRae would be prosecuted in the civilian justice system where the military would not have been able to place a “veil of secrecy” around the whole affair.

This is why it was either Colonel Daniel Edward Munro or his superiors that wouldn’t allow the Base MPs to contact the Morinville RCMP to deal with the babysitter. They weren’t trying to protect the babysitter. They were trying to keep this whole mess from getting out into the public eye. Once the RCMP started investigating the babysitter, and once the babysitter mentioned the other boys and that they were bringing children as young as 4 over to the chapel the military would have lost control of the whole matter

Once the CFSIU completed its investigation of Captain McRae for sexually abusing children, the charges weren’t referred to the Alberta Crown Prosecutor for review. McRae was being charged with sections of the Criminal Code of Canada that were enumerated into the National Defence Act as Service Offences. Service offences were not in the purview of the provincial crowns. The charges were instead reviewed by the commanding officer of the accused. Which again in this case was Colonel Daniel Edward Munro, the base commander of Canadian Forces Base Namao.

An interesting thing about Colonel Daniel Edward Munro is that EVERY member of the regular force and the reserves located on Canadian Forces Base Namao was Munro’s subordinate. There is no requirement for an officer with the Chain of Command to follow the command structure when issuing commands to subordinate.

At work, if a manager from a department makes an unrealistic request of me or my subordinates, I can ask that manager to address my department manager. And I have the union to back me up on that. In the Canadian Forces you don’t have that ability.

In the Canadian Forces, if you don’t do as your superiors tell you to, you run the risk of being charged with insubordination. Basically you do as you’re told and you can only ignore the order you were given if someone else superior to you instructs you to ignore that order.

Members of the Canadian Forces subject to orders from and decisions by Colonel Munro included, but were not limited to:

my father
the father of the babysitter
the serving parents of the other two boys suspected of bringing kids to McRae
the serving parents of the other abused children
the investigators within the CFSIU
the investigators within the Base MPs
military social workers like Captain Lynda Tyrell and Captain Terry Totzke.

Once the Chain of Command decided that the Captain Father Angus McRae matter was going to be dealt with through the military justice system, that was it. This is not to be questioned.

When I talked to Claude Adams of Global News in 2014 about the Captain McRae sex scandal from CFB Namao, Claude assured me that if he was in the Canadian Forces and if the military didn’t want to charge McRae with abusing his children that he’d just go marching down to the city police and lay charges himself.

That’s not how this works. If Claude did that, that would have been an immediate courts martial.

Yes, the ignorance by the Canadian public of how the military works is quite alarming.

Why would the Canadian Armed Forces go through all of this just to keep the McRae matter out of the media? Wouldn’t this have shown the Canadian Public that the Canadian Armed Forces does not tolerate child sexual abuse under any circumstance?

No. That’s not the way the Canadian Forces operated, especially not during the Cold War. The Canadian Armed Forces, much like many other “western” militaries had waged a war against homosexuality as it was seen as a weakness that the Soviets could exploit via entrapment and blackmail to recruit spies.

During the period of the Captain McRae child abuse sex scandal the Government of Canada employed the “fruit machine” to weed out homosexuals. The Canadian Forces had CFAO 19-20.

So imagine the military’s reluctance to prosecute Canadian Armed Forces OFFICER Captain Father Angus McRae for sexually abusing over 25 children on Canadian Forces Base Namao in direct view of the Base MP detachment.

Imagine if the Canadian public had discovered via a public trial that McRae had inappropriate sexual relations with children on other Canadian Forces Base and Canadian Forces Stations that Captain McRae had been moved to by the Canadian Armed Forces.

Can you imagine Colonel Daniel Edward Munro’s fear of having his command ability called into question as it was his Base MPs that failed to detect Munro’s direct subordinate molesting the children of enlisted personnel on the base that Munro was ultimately responsible for the security of?

To top it off, Captain McRae had been investigated at the Royal Military College at Canadian Forces Base Kingston for “Acts of homosexuality” in 1974. It’s not like CFB Kingston and CFB Namao are separate entities. They’re both Canadian Forces Bases under the same command chain and policed by the same police force. So it’s not like anyone in the chain of command on CFB Namao could plead ignorance to Captain McRae’s previous investigation for “acts of homosexuality” in 1974?

Why wasn’t McRae tossed out of the military in 1974? Was it because the military police or the CFSIU couldn’t find enough evidence? No. It doesn’t matter what the Base MPs or the CFSIU found. McRae’s commanding officer would have had the ultimate authority to dismiss the charges that had been brought against Captain McRae.

Even in 2011, the CFNIS had the 1980 CFSIU paperwork and the 1980 courts martial transcripts in their hand, but there was no way that the Canadian Armed Forces were going to allow charges to be brought against the babysitter.

Why?

Angus McRae didn’t die until May 20th, 2011. 3-1/2 months after the start of the investigation. And this posed a massive problem for the CFNIS.

While the CFNIS would have been free to bring charges against the babysitter, the CFNIS would never have been able to charge Angus McRae for ANY service offence that he had committed while subjected to the Code of Service Discipline.

Two flaws that existed in the National Defence Act prior to December of 1998 ensure that child molesters who abused children on Canadian Armed Forces bases in Canada ensure that these abusers nor their victims will ever receive justice.

See, even though the flaws were removed, there was no legislation enacted that retroactively allowed the crown prosecutor to become involved with reviewing charges laid by the base military police or the CFSIU prior to the commanding officer of the accused conducting their Summary Investigation as required under the National Defence Act.

In 1980, after the laying of charges by the military police or the CFSIU, all charges were required to be reviewed by the commanding officer of the accused. This included not only charges of a purely military nature, but ALL criminal code charges enumerated into the National Defence Act. The commanding officer had the full authority to dismiss any and all charges, including criminal code offences.

When Bill C-25 passed in 1998 the 3-year-time-bar flaw and the summary investigation flaw were removed, but there was no language added that allowed the base military police or the CFSIU / CFNIS to bypass the language that existed prior to 1998 and to refer service offence charges to a provincial prosecutor. More alarmingly, there was no language added to either the National Defence Act or the Criminal Code of Canada that nullified the 3-year-time-bar prior to 1998.

Why is this important?

Well without a police investigation showing evidence that I was molested directly by Captain McRae it is being hinted that I have no legal claim against the Canadian Armed Forces and the Department of National Defence. But don’t forget, the investigations being relied upon are investigations conducted by the police of the agency that I am claiming compensation from.

In it’s 10 year report to Parliament that was published in 2010, the Military Police Complaints Commission that allowing the military police and the CFNIS to investigate matters that may subject the DND and the CAF to civil actions is inappropriate as indicated by decisions by the Supreme Court of Canada.

These decisions are why police forces in Canada generally will not investigate matters that could be expected to lead to civil actions against the city they work for. This is why when there is a police shooting in Canada or an allegation of police brutality police from another jurisdiction are brought in to investigate. This is also why when civilian employees of a city are suspected of wrongdoing other police agencies are usually brought in to at least review and offer oversight of the investigation.

As the Military Police Complaints Commission pointed out in 2011, the Supreme Court of Canada has decided that when a peace officer is conducting a criminal investigation, that peace officer is to answer to no-one except to the law itself. This is an outright impossibility in the Canadian Armed Forces. Every member of the Canadian Armed Forces is at ALL times subjected to the Code of Service Discipline. There are no exceptions for the base military police, the CFNIS, nor the Provost Marshal.

In fact things are far worse for the base military police and the CFNIS as the National Defence Act allows the Vice Chief of Defence Staff to offer instructions and orders to any MP or CFNIS investigation. As indicated by the Military Police Complaints Commission the Vice Chief of Defence Staff is NOT a peace officer and has no law enforcement training.

Another oddity with the structure of the military police is that the head of the military police, the Canadian Forces Provost Marshal, directly reports to the Vice Chief of Defence Staff.

Currently the Vice Chief of Defence Staff is a Lieutenant General. The Provost Marshal is a Brigadier General.