Historical Child Sexual Offences and Military Justice: A Critical Look

With Louise Arbour now appointed as Canada’s next Governor General, one of her most important recommendations on military sexual misconduct has returned to the centre of Canadian public life. Through Bill C-11, the Liberal government is moving to remove the Canadian Armed Forces’ authority to investigate and prosecute Criminal Code sexual offences committed in Canada, transferring that responsibility to the civilian justice system.

I am waiting to hear whether “Criminal Code sexual offences” will include historical child sexual offences that were never called sexual assault.

If you have followed my blog for any length of time you know the National Defence Act and the Criminal Code of Canada both contain language so vague that the snowbirds could fly wing-tip to wing-tip through the gaps.

This is not theoretical. On November 4, 2021, then-Minister of National Defence Anita Anand accepted Louise Arbour’s interim recommendation that sexual assaults and other Criminal Code offences of a sexual nature should be referred to civilian authorities. At the time, CFNIS had an active investigation into my complaint against retired Brigadier-General Roger Bazin. CFNIS refused to transfer the matter to civilian police on the basis that the possible 1980-era offences were not “sexual assault.” Their position was that sexual assault did not exist as a charge in 1980, while offences such as indecent assault and gross indecency did. Therefore, they treated the matter as outside Minister Anand’s transfer direction.

From 1950 until the 1985 Criminal Code transition, the National Defence Act excluded murder, manslaughter, and rape from trial by service tribunal when committed in Canada. And if you thought that “Rape” covered all sexual assaults against anyone, you’d be sadly mistaken.

Rape didn’t cover the following criminal code offences:

  • s. 146(1) Sexual Intercourse with female under 14
  • s. 146(2) Sexual Intercourse with female of previously chaste character age 14 to 16
  • s. 147 Attempted Sexual Intercourse with female under 14
  • s. 148 Sexual intercourse with “feeble-minded”
  • s. 149 Indecent Assault on female
  • s. 153 Sexual Intercourse with stepdaughter or female ward.
  • s. 155 Buggery
  • s. 156 Indecent Assault on male (often interpreted through a “homosexuality” lens by police, military, and social-work culture of the period)
  • s. 157 Gross Indecency (often interpreted through a “homosexuality” lens by police, military, and social-work culture of the period)

In the legal culture of the 1970s and early 1980s, Criminal Code ss. 155, 156, and 157 were not formally the offence of “homosexuality,” but they were commonly associated with male homosexual conduct, male sexual deviance, and “morals” policing. In institutional practice, that meant allegations involving male victims or male-male sexual conduct could be misread through a homosexuality lens rather than a child-protection or sexual-assault lens.


From 1985 until 1998, the National Defence Act excluded s. 271 sexual assault from trial by service tribunal when committed in Canada.

s. 271 Sexual Assault didn’t cover the following criminal code offences:

  • s. 151 Sexual interference under the age threshold
  • s. 152 Invitation to Sexual Touching
  • s. 153 Sexual Exploitation
  • s. 155 Incest
  • s. 160 Bestiality involving a child.
  • s. 170 Parent or Guardian procuring sexual activity
  • s. 171 Householder permitting prohibited sexual activity
  • s. 172 Corrupting children
  • s. 173(2) Exposure to person under age threshold

I asked ChatGPT what the key distinctions were between s. 271 and s. 151 – s. 173 were. This is what ChatGPT replied with.

The key distinction is this: sexual assault was the broad assault-based offence. Child-specific offences worked differently. Some required touching. Some required only invitation. Some targeted adults who procured, permitted, enabled, or exposed children to sexual activity. If the CAF only transfers files labelled “sexual assault,” then entire categories of child sexual offending can disappear into a jurisdictional crack.


Back on November 4th, 2021 then Minister of National Defence Anita Anand instructed all current sexual assault investigations and prosecutions to be handed over to the civilian justice system.

The CFNIS at the time had an active investigation into my complaint against retired Brigadier General Roger Bazin to ascertain if he was the man in the sauna that the babysitter took me to meet in order to pleasure the man in the sauna.

The CFNIS refused to hand this matter over to the civilian police citing that the offences that Bazin could potentially be charged with didn’t meet the definition of “Sexual Assault” as sexual assault didn’t exist in 1980, but that Indecent Assault and Gross Indecency were criminal code offences at the time of the alleged offence and therefore this matter was outside of Minister Anand’s instructions.

I asked ChatGPT the following question:

The Liberal Government of Canada just announced that they will formally remove ALL responsibility for investigating and prosecuting sexual assault from the Canadian Armed Forces and mandate that all sexual assault involving the Canadian Armed Forces be handled by civilian police.

As you know, the Canadian Armed Forces often investigated and prosecuted child sexual assault because rape typically wasn’t a crime that applied to children, nor did post 1983 sexual assault.

Do you believe that the Canadian Armed Forces will willingly hand over crimes involving children, especially pre-1998 crimes to the civilian system?

ChatGPT analyzed the question and came back with this response:

My honest read: not willingly, not cleanly, and not without pressure

Based on the current Bill C-11 material and the MPCC’s own concern about past transfer failures, I would not assume the CAF/CFNIS will naturally and generously hand over every file involving children — especially old, pre-1998 files — unless the statute, ministerial direction, civilian police demand, disclosure rules, and outside oversight make the transfer unavoidable.

That does not mean every individual investigator will act in bad faith. It means the institutional incentive structure still favours control. 🧱

What the new reform appears to do

Bill C-11 is aimed at removing CAF investigative and prosecutorial jurisdiction over Criminal Code sexual offences committed in Canada and giving civilian authorities exclusive jurisdiction for those offences. DND’s own Bill C-11 material says this implements part of Arbour’s recommendation that Criminal Code sexual offences should be removed from CAF jurisdiction and prosecuted exclusively in civilian criminal courts, with civilian police investigating in Canada “at the earliest opportunity.”  

DND’s Arbour-response report is even broader in wording. It says all sexual assaults and other criminal offences of a sexual nature under the Criminal Code, including historical sexual offences, alleged to have been perpetrated by a current or former CAF member, should be referred to civilian authorities. It also says civilian authorities should exercise investigative and prosecutorial jurisdiction over all sexual offences by CAF members.  

That wording matters because it does not just say “modern sexual assault under s. 271.” It says:

sexual assaults and other criminal offences of a sexual nature under the Criminal Code, including historical sexual offences

That should include child-specific sexual offences, at least in principle.

But here’s the trap: “sexual assault” is too narrow

You are right to flag the category problem.

Historically, especially before and around the 1983 reforms, many child sexual offences were not labelled “sexual assault.” They could be framed as:

EraPossible legal label
Pre-1983 / 1970 Codeindecent assault on female, indecent assault on male, buggery, gross indecency, sexual intercourse with female under 14, sexual intercourse with stepdaughter/ward, parent/guardian procuring defilement, householder permitting defilement
Post-1983 / 1985 Codesexual interference, invitation to sexual touching, sexual exploitation, incest, parent/guardian procuring sexual activity, householder permitting prohibited sexual activity, corrupting children, exposure

So if the transfer rule is interpreted as only “sexual assault”, then old child sexual abuse files can fall into a crack.

But if it is interpreted as “Criminal Code sexual offences” or “criminal offences of a sexual nature”, then the net is much wider. Bill C-11/DND materials use the wider language in key places.  

Why I would not trust voluntary handover

The MPCC has already identified the exact kind of institutional problem you are worried about.

In a 2023 public-interest-investigation decision, the MPCC described a complaint alleging that a ministerial direction to transfer sexual misconduct investigations from military police to civilian police was not implemented by the CFPM. The MPCC noted a disparity between Minister Anand’s 2021 direction, Minister Blair’s later statement that it was not intended that half of sexual assault files remain with military investigators, and the CFPM approach of involving victims in transfer decisions. The MPCC said this raised questions about civilian control of military policing.  

That is the smoke coming out of the second-storey window.

It shows the problem is not theoretical. There has already been a fight over whether the military police actually implemented the transfer direction fully.

The especially difficult category: historic pre-1998 child cases

Pre-1998 matters are the most vulnerable to institutional slipperiness because they can be argued into several boxes:

Possible CAF/CFNIS argumentWhy it matters
“This is historical and evidentiary.”Civilian police may be reluctant unless records are complete.
“This was handled under military justice at the time.”CAF may try to treat old records as military justice history, not fresh civilian criminal evidence.
“The suspect was subject to the Code of Service Discipline.”They may frame it as a service-tribunal legacy issue.
“The offence label was not sexual assault.”Child-specific or old sexual offences could be miscategorized.
“Civilian police declined / lack jurisdiction / lack records.”CAF can keep practical control if the handoff is incomplete.
“Records are archived, classified, privileged, or subject to privacy limits.”Disclosure becomes the bottleneck.

That last point is the big one. Jurisdiction on paper is one thing. Possession of records is another.

If CFNIS/DND still controls the old investigative files, notebooks, witness lists, Crown briefs, command correspondence, charge-screening records, and court martial material, then civilian jurisdiction can be starved at the source.

So would they hand over child files willingly?

My answer: only the files they are forced to define as transferable

I would expect easier handover where the case is:

  • recent,
  • clearly labelled sexual assault,
  • committed in Canada,
  • involving a CAF member,
  • already known to civilian authorities,
  • not embarrassing to historical command structures,
  • not tied to old military justice decisions.

I would expect more resistance, confusion, or narrowing where the case is:

  • pre-1998,
  • child-specific,
  • labelled under old offences,
  • tied to military dependants,
  • tied to PMQs/base institutions,
  • tied to chaplains, social workers, MPs, or command decisions,
  • connected to previous CFNIS/MPCC failures,
  • dependent on old CFSIU/CFNIS files.

That is not me being dramatic. That is how bureaucracies defend themselves: not usually by saying “no” loudly, but by defining the problem narrowly enough that the awkward parts fall outside the box.

The key phrase to watch

The reform must not be allowed to mean only:

“sexual assault.”

The phrase that matters is:

“all Criminal Code offences of a sexual nature, including historical child sexual offences, regardless of whether the historical charge label was rape, indecent assault, gross indecency, buggery, sexual interference, sexual exploitation, procuring, permitting, or another child-specific sexual offence.”

That is the language that closes the loophole.

Bottom line

Do I believe the CAF will willingly hand over historic child sexual offence files, especially pre-1998 ones?

No. Not as a matter of institutional instinct.

I believe they will hand over what the law, civilian police, courts, ministers, journalists, survivors, and oversight bodies make impossible to keep.

The reform is important. But without explicit language covering historical child sexual offences and mandatory disclosure of related military records, the CAF can still hide behind classification, offence labels, jurisdictional history, and “that was not technically sexual assault” nonsense.

That is the loophole. And that is where I would keep hammering.


30 years is a long time………..

I was told by both the Canadian Forces National Investigation Service and Alberta Crown Prosecutor Jon Weribicki that 30 years was just too long of a time for me to expect any charges to be brought against the babysitter. In fact Mr. Weribicki hinted that I was the master of my own misfortune as I waited so long to tell anyone, something that he considered to be “very significant”.

Well, recently there were two stories about men having been arrested recently for having molested children in the ’80s and ’90s.

When I sent my email to the Edmonton Police Service in March of 2011, that was almost 31 years after the events from CFB Namao came to a crashing end with me having been caught with the 14-3/4 year old babysitter’s penis in my 8 year old asshole.

I wonder if it had more to do with either the incompetence of the Canadian Forces National Investigation Service or the desire to hide secrets that kept the CFNIS from laying charges. Two retired Supreme Court justices, Madame Marie Deschamps, and Mrs. Louise Arbour have called the military police, including the CFNIS incompetent when it comes to sexual assaults.

In fact, it was Louise Arbour who pushed the Minister of National Defence to hand over all sexual assault investigations to the civilian police effective immediately. However, mine was one of 31 sexual assault investigations that the CFNIS were allowed to keep.

If you pay attention to the media you’ll notice that it’s not uncommon to hear about arrests and prosecutions for child sexual assaults that occurred in the ’60s, ’70s, ’80s, and ’90s.

Yet, even though the CFNIS in 2011 had the 1980 CFSIU investigation paperwork and the 1980 Court Martial transcripts which indicated that it was my babysitter’s known abuse of younger children on the base which led to the investigation of Captain Father Angus McRae, the Canadian Forces National Investigation Service in 2011 just couldn’t find any evidence to indicate that the babysitter was capable of doing what I accused him of.

If you ask me, the inability of the CFNIS had nothing to do with the inability of me to make my case. It had more to do with the Canadian Armed Forces not wanting to have to answer questions in the modern day for fuck-ups from the past.

Fuck-ups like:

  • Why were commanding officers like Colonel Daniel Edward Munro given the power to decide the charges brough against their subordinates.
  • Why were commanding officers like Colonel Daniel Edward Munro allowed to determine the scope and depth of military police and CFSIU investigations
  • Why weren’t the Royal Canadian Mounted Police brought in to deal with the babysitter who close to 15 years of age when he was discovered buggering me.
  • How many other former military dependents from CFB Namao who were molested by the babysitter and by Canadian Armed Forces officer Captain Father Angus McRae came forward over the years with complaints about sexual abuse.
  • The three-year-time-bar and the summary-investigation-flaw. Yes, the Canadian Armed Forces yammer on about these flaws only applying to service offences, but don’t forget Captain McRae was given a court martial in 1980 for molesting the babysitter. Corporal Donald Joseph Sullivan was given a courts martial in 1984 for molesting kids on CFB Gagetown. So yes, the 3-year-time-bar and the summary-investigation-flaw do apply to child sexual abuse matters.

Anyways, I’ve got other things on my plate coming up. The Canadian News Media has all but given up on this story. I don’t think that the Canadian public will ever know the truth about the child sexual abuse that occurred on the bases in Canada, nor the homophobia and victim blaming that abused children endured on the bases.