Conflict of interest

One of the most signifcant examples of “Conflict of Interest” that I have ever seen is having the Canadian Forces National Investigation Service investigating crimes that could cause the Office of the Minister of National Defence to suffer civil actions.

Much as when Mr. P.S. sued Angus McRae in March of 2001, anyone who wants to initiate a civil action against a person who had sexually abused them while the abuser was subject to the Code of Service Discipline would also be required to sue the Office of the Minister of National Defence.

Granted, I can’t recall any sexual abuse at the hands of Canadian Armed Forces officer Captain Father Angus McRae. However, that’s more a function of the alcohol that Captain McRae had his altar boy, Mr. P.S. give to me on the five distinct visits to McRae’s living quarters at the base chapel.

We know from the findings of the Fynes Public Interest Hearings that the investigators with the CFNIS do not run their own investigations. The chain of command within the CFNIS determine the scope and breadth of any particular CFNIS investigation.

This is one of the reason why you never hear of investigators within the CFNIS making “interference” complaints to the Military Police Complaints Commission. There can be no interference with a CFNIS investigation. CFNIS investigation do not belong to the investigator. Investigations that fall within the CFNIS mandate are always designed by the chain of command within the CFNIS.

Around 2016, Sgt Damon Tenaschuk told me he was about to submit a brief to the Alberta Crown. Sgt. Tenaschuk asked me if I thought he had done enough. I asked him if he had found other victims or witnesses. He said that he had not. So I asked him about running a Crime Stoppers appeal. He said to me that he would have to speak with his commanding officer to see if his C/O thought that this would be okay to do.

When Mr. P.G. made himself known to me as another victim of Mr. P.S., I passed his name on to Sgt, Damon Tenaschuk. Sgt. Tenaschuk informed me that CFNIS chain of command had decided that Mr. P.G.’s statement would be a separate complaint from mine and that my investigation would not contain any statement from Mr. P.G..

So, as you can see, it is the chain of command that runs the CFNIS investigations and not the CFNIS investigators. The CFNIS investigators are nothing more than “meat puppets” that dance as per their master’s wishes.

Much is made about the apparent “independence” of the CFNIS from local chain of command interference. However, the investigators within the CFNIS as well as the officers within the CFNIS hierarchy are all still subject to section 83 of the National Defence Act.

Section 83 of the National Defence Act sounds like a perfect reason as to why someone should just go along with the game plan and not make waves. And no, there are no exemptions from section 83. Section 83 applies to every person who is subject to the Code of Service Discipline all the way from the Chief of Defence Staff all the way down to a fresh new baby faced recruit.

One thing that I am almost certain of now, is that due to the sheer number of children that Captain Father Angus McRae and his altar boy Mr. P.S.. molested on Canadian Forces Base Namao, I don’t think I’m anywhere near the first person to have ever brought a complaint against Mr. P.S..

Mr. P.S. had criminal convictions going back to 1985.

In the summer of 2012, I had made acquaintances with an RCMP constable from the Morinville Detachment in Edmonton. This Constable was the one who told me Mr. P.S.’s date of birth was June 20th, 1965. This was the first hint I had that the CFNIS were being far less than truthful with me when Sgt. Cyr tried to tell me that Mr. P.S. was only 13 years old in 1980. Under the Juvenile Delinquents Act, a person under the age of 14 could not be tried for Criminal Code offences.

The RCMP constable that I had dealt with also ran a CPIC check on Mr. P.S.. The constable wouldn’t tell me any exact details from the CPIC check other than that in addition to the charges and convictions mentioned in the newspaper article, that Mr P.S. had numerous more convictions between 1985 and 2000. Some but not all the convictions were for child sexual assault. Now, what if these charges and convictions in the ’90s weren’t for “current” sexual assaults? What if this was other kids from CFB Namao coming forward with complaints against Mr. P.S. for what he had done on CFB Namao.

On January 14, 2000, Mr. P.S. tried to commit suicide. What if Mr. P.S.’s suicide attempt was due to the fact that he knew he was never going to be able to escape what he had done on CFB Namao? Both the 3-year time bar flaw and the summary investigation flaw meant that Captain Father Angus McRae could never be held responsible for what had occurred on CFB Namao from 1978 until 1980. However, as Mr. P.S. was not subject to the Code of Service Discipline, he could be held responsible for what had happened on CFB Namao, regardless of the fact that Canadian Armed Forces officer Captain Father Angus McRae may have forced or induced Mr. P.S. to act the way he did on CFB Namao from 1978 until 1980.

That I think would drive anyone to the point of suicide.

It is apparent now that the CFNIS knew right from the word go of the connection between Mr. P.S. and Captain Father Angus McRae.

When I was interviewed by Sgt. Robert Jon Hancock in March of 2011, he asked me some peculiar questions during the video interview that didn’t make sense at the time. When Sgt. Christian Cyr contacted me on May 3rd, 2011 and told me that Mr. P.S. was only 13 years old in the spring of 1980 he was trying to set me up to believe that Mr. P.S. was too young at the time of the sexual offences to have charges brought against him. And if Sgt. Cyr had just shut his damn mouth at the time, I might have believed him. But Sgt. Cyr had to be a dumbass and he had to mention Captain Father Angus McRae being arrested for molesting children on the base. It was at that point that I knew something was going wrong with the investigation.

Then on July 18th, 2011 during a telephone conversation between myself and Master Warrant Officer Terry Eisenmenger, MWO Eisenmenger told me that his investigators couldn’t find any evidence that Mr. P.S. had committed the crimes that I had accused him of and that this case was going no where due to a complete lack of evidence. It was interesting when I made my application for Judicial Review in 2013 and I received the certified tribunal records, I discovered that when I spoke to MWO Eisenmenger, the CFNIS hadn’t yet talked to any other victims or even tried to contact Mr. P.S. at that point in time.

All of this tells me that the CFNIS are well aware of who Mr. P.S. is. And I have no doubt in my mind that the CFNIS are well aware of the $4.3 million dollar civil action that Mr. P.S. brought against the Minister of National Defence in March of 2001.

I also have no doubt that the CFNIS are well aware that the Office of the Minister of National Defence accepted Legal Liability for the personal injuries that Mr. P.S. suffered at the hands of Captain McRae.

I have the Department of Justice paperwork from when the DOJ represented the Minister of National Defence in this matter. Most of it is blanked out. But it is safe to say that in convincing Mr. P.S. to settle out of court, the Office of the Minister of National Defence agreed to certain terms favourable to Mr. P.S.. I can only wonder if one of these terms is that the Office of the Minister of National Defence agreed to ensure that Mr. P.S. would no longer face any “harassment” related to his actions on CFB Namao in the years of 1978 until 1980. I know this sounds crazy, but there’s the conversation that Mr. P.S. had with CFNIS investigator Sgt. Damon Tenaschuk in August of 2011.

What exactly was Mr. P.S. talking about when he said that anything he had been involved in as a youth “had already been handled by the military”. Is Mr. P.S. referring to the terms of his out of court settlement with the Minister of National Defence? If the CFNIS were to have brought charges against Mr. P.S., and this broke the terms of the out of court settlement agreement, would this allow Mr. P.S. to take further action against the Minister of National Defence hence the comment “a lawyer would be handling that”?

What’s very interesting is that the CFNIS scrubbed the line “anything he had been involved in as a youth had already been handled by the military” from the Crown Brief that was submitted to the Alberta Crown both in 2011 and in 2018.

Besides that fact that Sgt. Damon Tenaschuk basically resubmitted the 2011 CFNIS investigation Crown Brief to the Alberta Crown again in 2018, it’s rather intersting that the CFNIS thought there was a need to remove the comment about the military “handling things” for Mr. P.S.

The sad thing is, it looks as if the Alberta Crown doesn’t know, or doesn’t care that it was fed a load of B.S.

And this brings me right back around to the issue of Conflict of Interest.

The CFNIS were well aware of the history of Mr. P.S., and in doing a CPIC check on Mr. P.S., they would have discovered that they were dealing with a sexual predator that had a thing for young children.

Yes, these past convictions from 1984 onward don’t necessarily prove that Mr. P.S. sexually abused me, my brother, and 4 other children that I knew he abused on a regular basis. However, these past convictions do prove that Mr. P.S. is deserving of a thorough investigation. An investigation that would be more deeper and detailed than someone who had a CPIC record check that came back negative for any criminal interactions.

What this does tell me though is that the CFNIS investigation was influenced by chain of command authority in such a manner as to ensure that Mr. P.S. was never again charged for any crime that he committed on Canadian Forces Base Namao after the date of his 14th birthday on June 2oth, 1979.

The only question is this.

Was this decision made so as not to break any covenant agreed to in the out of court settlement between Mr. P.S. and the Office of the Minister of National Defence, or was this decision not to charge Mr. P.S. made solely to ensure that the chain of liability between the Office of the Minister of National Defence and the victims of both Mr. P.S. and Captain McRae remains severed?

Remember, the Office of the Minister of National Defence did accept General Legal Liability for the personal injuries that Mr. P.S. suffered at the hands of Canadian Armed Forces officer Captain Father Angus McRae. Now that the Office of the Minister of National Defence has accepted liability for the abuse Mr. P.S. suffered, how hard would it be for the victims of Mr. P.S. to also make claims of liability against the Office of the Minister of National Defence? If there had been criminal convictions brought against Mr. P.S., claims of civil liability would be rather elementary to establish in court. Without criminal convictions brought against Mr. P.S., suing the Office of the Minister of National Defence would be a fruitless endeavour as the Office of the Minister could argue that no crime occurred.

And the Minister just happens to be ultimately in charge of the police force that would possibly subject his own office to civil liability.

And this is why I believe that this whole investigation from the word “Go” has been a classic textbook example of what a conflict of interest looks like.