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.

Medical Assistance in Dying

Okay, so it should come as no surprise that I have a fixation on Medical Assistance in Dying when mental illness is the sole underlying condition.

Mental illness has always been my constant companion.

Not since the days of my youth on Canadian Forces Base Namao have I been free of mental illness.

Having obvious but untreated mental illness is a torment that no one should ever have to go through. What’s much worse by far though is having diagnosed mental illness but being actively prevented from receiving treatment for those issues.

My father’s been dead for seven years now. But I did examine him for federal court back in 2013, and when questioned about my diagnoses back in 1980, he claimed to know nothing about this.

But then again he also claimed to know nothing about Captain Terry Totzke either.

Much like everything else to do with the Canadian Armed Forces and the events related to 1980, I don’t think that we’ll ever know 100% of the truth.

All I can say is that my father was a master corporal and Totzke was a captain.

And I still maintain to this day that as fucked up and depraved as the sexual abuse on Canadian Forces Base Namao was, the period of time between October of 1980 and the spring of 1983 was far worse.

In the current day it’s very hard to separate what currently is from what could have been or what should have been.

For example, my gender. Even before CFB Namao I had more or less a preference for being female. I remember being around five or six that I was upset that I wasn’t going to be a girl.

During the period of abuse on CFB Namao I had often wondered if the babysitter was doing what he had been doing because I was acting like a girl. Maybe if I had been more like a boy then the babysitter wouldn’t have touched me.

The day that I was caught being buggered in the babysitter’s bedroom, the teens that beat the shit out of me before I could get back home were calling me a homo, a queer, a fagot.

In the days and weeks after the final sexual assault the kids on base started referring to me as the babysitter’s girlfriend, the babysitter’s wife, and that if I didn’t watch out that I was going to have the babysitter’s baby.

In October of 1980, when it was obvious that I wouldn’t be able to fit it at Guthrie School on Canadian Forces Base Namao my family was moved 10 km down the street to CFB Griesbach.

I was a social pariah and an outcast from the word go. But to make matters far worse was my involvement with Terry.

Terry was adamant that I was suffering from a mental illness called “homosexuality” and that I was responsible for allowing my younger brother to be sexually abused by the babysitter. During our various sessions together Terry would remind me that boys are supposed to be attracted to girls, and that homosexuality was a crime and that I would be sent to the Alberta Hospital if I still insisted on kissing and touching boys.

Why Terry chose to ignore my diagnoses is anyone’s guess. Even if Terry was still alive these days, I don’t think that he would tell the truth.

It was during this period of time that my bed wetting started to occur at an alarming rate. The cure at home for this was to let me go to school smelling like stale piss because I was obviously wetting the bed just to get attention.

Now, you have to understand that as a child I had very little understanding of the things going on at the adult level. I lived on a military base. My father was in the military. My social worker was in the military. Matters were discussed at a level that I would never have been privileged to.

Even though I lived on Canadian Forces Base Namao during the time of the Captain McRae fiasco I never knew anything about McRae other than he was the father at the chapel and grandma took us for Sunday service.

So when Terry and my father had picked me up from school one day to go for an appointment and we drove past the military prison on CFB Griesbach and one of the two said to me that “if I stayed a homosexual” that I would end up in prison “like the priest”. At the time I had no idea of the whole Captain McRae fiasco.

I went through my teenaged years hating the fact that I wished that I was a girl, as this was obviously why the babysitter had sex with me, right? The babysitter (so far as I knew at the time) wasn’t getting into trouble because it’s perfectly normal for boys to fuck girls. Well, that is what Terry and my father were always going o about. And let’s be honest, the military was extremely misogynistic back then. So, it was obviously my fault that the babysitter abused me for as long as he did. If I didn’t like the abuse I could have stopped it at any time, right?

And while all of this was going on I was becoming more and more withdrawn.

Because of my untreated major depression, severe anxiety, and my out of control haphephobia I was not a pleasure to be around. And as one of my teachers noted, I was ostracized and often made a scapegoat.

None of this got any better when my family came to the attention of Alberta Social Services. In fact, once I became involved with Alberta Social Service in November of 1981, things at home became much, much worse. And this wasn’t due to Alberta Social Services per se, it was due to Terry’s and my father’s reactions to Alberta Social Services.

Alberta Social Services realized that I was having significant behavioural issues. But Terry and my father never once mentioned the events of CFB Namao to Alberta Social Services. Instead my father would try to convince Alberta Social Services that I was acting up because I missed my mother, or because I was just seeking attention, or because my grandmother had been cruel to my brother and I.

What didn’t help this matter was that I was told by both Terry and my father that Pat and Wayne were involved with me because of my homosexuality. Of course I wouldn’t learn until August of 2011 that Pat and Wayne were child care workers with the Alberta Government and that Terry and my father were both employees of the Canadian Armed Forces and that in hindsight Terry and my father didn’t appreciate Alberta Social Services sticking their noses in where they weren’t wanted.

My father had no issue whatsoever in the privacy of our PMQ on Canadian Forces Base Griesbach venting his frustrations on me for “fucking” with his military career. This would often be delivered by either the belt or by openhanded backhands. Or going to bed without supper.

There was a time in which the relationship between my father and his girlfriend Sue was at risk of falling apart. She had threatened to leave him. Richard sat my brother and I down and basically explained to us that if Sue left, that he was going to kill the two of us, stuff our bodies into a duffel bag, get rid of us where no one was ever going to find us, and he’d move into the barracks like nothing ever happened. The terrifying thing about this was the look in his eye meant that he was deadly serious and that he obviously had put some serious thought into this.

I remember having been expelled from school in the winter of ’83 because I apparently was still attracted to boys. And I remember the sudden move in the spring of ’83 because Pat and Wayne wanted to give me drugs to make me stop liking boys and my father didn’t want me taking those drugs so we had to move so that he could save me. Learning the truth about that in 2011 doesn’t change the pain and anguish that this caused. Nor does learning the truth about CFB Namao and CFB Griesbach change how devastating life became for me on Canadian Forces Base Downsview in Ontario.

The truth about ’83 is that I wasn’t expelled from the MacArthur Program for exhibiting “homosexuality”. Nor did Pat and Wayne even seem to know anything about my alleged “homosexuality”. No, the “expulsion” and the sudden move were due to the fact that Alberta Social Services wanted to remove me from my father’s care and place me into protective custody. As I was officially Captain Totzke’s client Alberta Social Services had to inform Totzke about their plans to place me into foster care or residential care due to my father’s outright refusal to participate in the family counselling, and that if he continued to refuse and continued to not seek treatment for his anger issues, that my issues were never going to get any better. On January 26th, 1983 Captain Totzke was told about these plans. On January 28th, 1983 Captain Totzke informed Alberta Social Services about my father posting to Ontario that had just been approved.

Alberta Social Services asked my father if he intended to tell me about the move, he said that he would not. However, both Terry and my father said that I would be placed at the Sick Kids hospital in Toronto to receive psychiatric care. This never happened. In fact there never were any applications or inquiries made to Sick Kids.

On Canadian Forces Base Downsview my mental health continued to plummet. On CFB Griesbach and on CFB Namao, my exposure to other kids was limited to other base brats or to other kids in the Westfield / MacArthur day program. And that was it. Canadian Forces Base Downsview didn’t have a school on base for the children of military families. We were all punted off to the local North York public school like Sheppard Public, Downsview Public, Elia Jr. High, Pierre Laporte Jr. High., C.W. Jeffries, and Downsview Secondary School.

And unlike on base, where kids like me were shunned and ostracized, in public school we were targets for beatings from the civy kids.

And one thing that that I was going to become extremely familiar with is the fact that sexually abused children with emotional issues were magnets for sexual deviants and perverts. When your own father blamed you for the sexual abuse you endured previously this means that you don’t dare mention the sexual abuse that you are currently enduring as you know that you’ll just get blamed again.

Having been sexually abused meant that I was expecting just about every male adult that I was somehow involved with was going to sexually abuse me or expect sexual favours for good marks or good grades. But the truth is that none of my teachers ever tried to touch me. Even teacher that my father had called homos and faggots, like Mr. Ford or Mr. Bowles, or even Mr. Cross.

But, because of my father’s reactions to anything homosexual, I knew that I had to keep my distance from these teachers, or anyone else of the male persuasion that wanted to help me because it was obvious that they must be trying to be nice to me because they just wanted a blow job from me or to get into my pants.

So yeah, this made school very fucking awkward for me.

And by this time my depression, my anxiety, and my haphephobia were all in overdrive. The years of neglect and the mental abuse were starting to add up and to take their toll. School would keep asking my father why I was late, and why I was sleeping in classes, and why I had such a negative attitude. His response always was that I was just acting up to get attention and that he didn’t understand why I wasn’t waking up on time and why I was sleeping in class all the time. I guess that he never told my teachers or the Children’s Aid Society of Toronto about the sexual abuse I endured, about the major depression, severe anxiety, and haphephobia that I had been diagnosed with, but not receiving treatment for, and I’ll bet you that my father never once told the schools about the fact that he’d come downstairs into the basement every night where my bedroom was, and that he’d smoke and watch TV until about 02:00 to 02:30 in the morning due to his severe insomnia.

Yes, he had his own daemons to endure, but that didn’t mean that he had any right to subject me to his daemons.

So I was constantly in trouble at school which only ensured that I was going to get “corrective punishment” at home.

By the summer of 1985 his anger and his temper had reached a boiling point. Luckily my brother and I were up in Edmonton for the summer. Richard had raged out in the PMQ and went on a major destructive spree. Furniture had been thrown out the windows, holes punched in the walls, drapes and curtains torn off the rails. It took three military police officers to restrain him. Only with my father in custody and at risk of being courts martialed out of the military did the chickenshit neighbours start to tell the military police and the brass about the way in which Richard had been neglecting and beating us.

This wasn’t the first time in Richard’s military career that he was anxious about being thrown out of the military for one of his outbursts, but he wasn’t. Not the previous times and not the time in 1985.

What was odd though is that from this point of time onward there were yearly reviews noted in his service file. In 1985 he only had 8 years to go until retirement. Did someone in the forces feel sorry for him due to his involvement with the HMCS Kootenay in 1969?

Looking back I can only wonder why no one in the Canadian Forces could have shown me 1/100th the sympathy they had shown to Richard.

But again, this isn’t about Richard. This is about why I desire Medical Assistance in Dying. Unfortunately I can’t go into the reasonings for my desire for M.A.i.D. without explaining to you how I was failed by the Canadian Armed Forces, by my father who was an employee of the Canadian Armed Forces, and by Captain Terry Totzke who not only was an employee of the Canadian Armed Forces but who was by virtue of rank my father’s superior.

There is absolutely no therapy or drug that will free me from the memories of CFB Namao and how I was dealt with in the aftermath of CFB Namao.

There are no treatments or therapies that will free me from the damage of long term untreated major depression, severe anxiety, nor haphephobia.

My long term gender issues will not be solved by an apology or a settlement.

The damage is done.

In fact a settlement may actually make things worse as this will mean that things didn’t have to be as bad as they were and that I didn’t have to suffer through untreated mental illnesses due to a desire to keep things hushed, and gender confusion that was drilled into my head due to institutional homophobia.

Living a life where I am reduced to drifting along as flotsam on the ocean currents working in jobs that I fit into because of the high skills that I bring to positions that typically don’t pay the wages required for these types of skills.

Never having had the safety net of a family that I could fall back on if I tried to take a risk in life and took a misstep meant that trade school or other educational endeavours were forever out of my grasp.

Having grown up with a father that drilled into my that I was a worthless cocksucking piece of shit and that I was the cause of my brother’s sexual abuse and subsequent criminal behaviour really didn’t foster an attitude of excellence.

The only time that my father ever gave me any helpful advice was back in 2006 when we talked about the babysitter and I told him that I was working up the courage to report the babysitter to the police. He told me that I have to watch where I go sticking my nose because I might not like the smell of the shit.

Even before I started to learn the full truth about the child sex abuse scandal from Canadian Forces Base Namao I had wanted to die.

I tried with a plastic bag two times on CFB Griesbach.

When my father was posted to CFB Downsview I tried again, usually under the guise of taking risks.

I used to go to Bloor and Yonge and wait until the trains were approaching and then I’d run and jump off the platform and jump over the 3rd rails and then hop up on the other platform. The thinking was that if I got hit “accidentally” that it wouldn’t hurt as much.

I did this until a fellow cadet in sea cadets told me that his father was a motorman on the TTC and that suicide jumpers fucked up the train drivers.

Then I became fascinated with jumping. The Bloor street viaduct over the Don Valley Parkway always seemed to be a hotspot. But how does one accidentally fall from a bridge?

Bloor Street Viaduct
Now with suicide barriers

When I moved back to Edmonton in 1990 I tried the High Level Bridge.

High Level Bridge
Now too with suicide barriers

I really, really needed my suicide to look like an accident. My fear was that if I committed suicide that my father would just tell everyone that I was just seeking attention and that I had committed suicide to escape my responsibility for allowing my brother to be sexually molested.

Again, you don’t fall off bridges accidentally.

May of 1994 found me on the underside of the Lions Gate Bridge with a six pack of cheap ass beer. I was trying to work up the courage to get pissed drunk enough that I would no longer care about what my father would have to say about my death. And besides, it was perfect. Who takes a six pack of beer to a fucking bridge and climbs onto a service gondola underneath the bridge to get drunk. Must have been some idiot looking for a thrill, right? Definitely not a homosexual pervert looking to escape the responsibility of letting his young brother be molested, right?

I didn’t drink back in the day, so I was completely hammered off 3 of the 6 beers. I started to hallucinate my father and the babysitter, P.S., together at my funeral laughing their heads off at me. My father was telling me to stop blaming the babysitter for what had happened, that it was my fault. I cried for a couple of hours after that. I ended up in the hospital with pneumonia.

I was determined to jump in front of the Skytrain in 2006. That didn’t pan out.

I was determined to jump out of my apartment window in July of 2011 when Master Warrant Officer Terry Eisenmenger told me that there was very little chance of bringing charges against the babysitter as there was no evidence against him.

Again in November of 2011 when Petty Officer Steve Morris told me that the CFNIS could find absolutely no evidence to indicate that the babysitter was capable of what I had accused him of.

Then there was July 19th, 2012 when I was interviewed by the Military Police Complaints Commission for my statement. It was during this interview that both Peter Cicalo and Claude Bergeron told me that they had reviewed the 2011 CFNIS investigation and that they couldn’t find anything wrong with the CFNIS investigation and in fact the investigators with the CFNIS went above and beyond the call of duty as this was a historical case. I kept walking in circles between the Burrard Bridge and the Granville Street bridge working up the courage to jump. But again the same thing kept coming back. If I jumped then the MPCC, the CFNIS, the Canadian Forces, my father, and P.S. win. I get written off in the annals of history as being a fucking attention seeking homosexual nutcase that was trying to shirk his responsibility for what he had done on CFB Namao.

Since about 2016, I have been pinning my hopes on receiving Medical Assistance in Dying. This became even more so after the 2019 Truchon decision in the Quebec Superior Court and the Senate’s suggestion that Mental Illness be considered as one of the criteria for obtaining M.A.i.D.

Why?

To receive M.A.i.D. you have to have a verifiable mental illness. I have them and no one can deny them and no one can negate the horrific effect that they’ve had on my life.

But even more so the unquestionable evidence shows that the Canadian Armed Forces, my father, Captain Totzke, and various others knew of the full extent of the abuse that had occurred on Canadian Forces Base Namao and that instead of allowing me to be a victim, I was vilified and denied treatment all in the name of keeping a lid on the secrets of CFB Namao.

The DOJ, the DND, and the CAF can all mew and cry all they want now. And believe me, they will deny, deny, deny. They will paint me in the public eye as a societal malcontent with an axe to grind against the Canadian Forces. I should know this, they did this to me once already.

But what they will never be able to deny me is that there is a hell of a lot more to this story than just poor widdle P.S. getting touched by Captain McRae.

My hope is that win or lose, that I can be humanely put to sleep after the court decision. Because at this point in time the genie is out of the bottle. The Canadian Armed Forces and the Department of National Defence are no longer going to be able to portray me as a psychotic loser making up stories and lies.

I can go to sleep knowing that I did my best to get the truth out, and that it wasn’t for a lack of trying.

I can go to sleep knowing that I never have to deal with assholes telling me to fucking smile more, or to simply fucking forget about it, or suggesting that I take some responsibility for my life, or that other people have it hard in life therefore I should shut the fuck up and stop whining like a little bitch.

I didn’t ask to be born into a defective family. I didn’t ask to be molested by perverts of Canadian Forces Base Namao. I didn’t ask for untreated mental illnesses. I didn’t ask for relentless victim blaming and shaming.

I just want to go peacefully and respectfully.

No more nightmares. No more teeth grinding. No more being touched and then getting chewed out for “overreacting”. No more being told that I just need to find a boyfriend or a girlfriend. No more being told that I just have to get a degree or a diploma and my life would be so much better. No more being told that I’m too smart.

All gone.

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.

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.