Why would the Canadian Forces National Investigation Service be instructed to conduct such a weak investigation into the criminal actions of P.S. which P.S. committed on CFB Namao between June 20th, 1979 and June of 1980?
It’s not like P.S. would see any serious form of punishment if he were to have been charged in the present day for the crimes he had committed while he was subject to the Juvenile Delinquents Act.
P.S. was born on June 20th, 1965. As of June 20th, 1979 P.S. would have been fully culpable for any Criminal Code offence that he had committed. This would have included having had any type of sexual relation with a minor under the age of 12. The fact that he was acting as the babysitter for many of these children would have compounded his problems. The law at the time would not have looked to kindly upon him for having anal and vaginal intercourse with children as young as four years of age or demanding oral sex from those same children.
1970 Revised Statutes of Canada Chapter J-3 Juvenile Delinquents Act
The Juvenile Delinquents Act was in force from 1908 until April 2nd, 1984. Prior to the Juvenile Delinquents Act of 1908, children of any age were treated similar to adults. In Ontario in 1850 a nine year old boy was sentenced to hang for the murder of a four year old girl. Children were often sent to prison for petty crimes. And while awaiting trial, children were often housed in the same cells as adults.
1970 Revised Statutes of Canada Chapter J-3 Juvenile Delinquents Act
The goal of the Juvenile Delinquents Act was reformation instead of incarceration. It was thought that the child could become a productive member of society if they simply received the proper manner of reformation. Typically this would have been accomplished by counselling, or in the more serious cases, “reform school” otherwise known as “industrial school”.
1970 Revised Statutes of Canada Chapter J-3 Juvenile Delinquents Act
Under the Juvenile Delinquents Act children who reached the day of their 14th birthday could be found guilty of committing Criminal Code offences. Actually, children as young as seven could be found guilty so long as the police and prosecutor could convince the courts that the child ought to have known right from wrong.
The actual age limits of the Juvenile Delinquents Act are set by the Criminal Code of Canada.
1970 Revised Statutes of Canada Chapter C-34 Criminal Code of Canada
The above simply means that a 14 year old hasn’t reached 14 years of age until the expiration of their birthday anniversary. A child would be 13 years old until the day of their 14th birthday has been fully completed.
1970 Revised Statutes of Canada Chapter C-34 Criminal Code of Canada
The upper age limit of the Juvenile Delinquents Act was set by the Juvenile Delinquents Act itself.
1970 Revised Statutes of Canada Chapter J-3 Juvenile Delinquents Act
Under the Juvenile Delinquents Act, children as young as 14 could still be executed, but to do so their case would have had to have been moved to adult court. Steven Truscott serves as an example of this. At the age of 14 Steven Truscott had been sentenced to hang for the murder of Lynne Harper. A conviction that was very dubious in nature considering the presence of Royal Canadian Air Force Sgt. Alexander Kalichuk.
However, in the case of P.S., I don’t think that he would have faced any serious sanctions under the Juvenile Delinquents Act.
When I spoke with Fred Cunningham on November 27th, 2011, he stated that during the Captain McRae investigation that the “brass” prevented both the CFSIU and the base military police from calling in the Royal Canadian Mounted Police to deal with P.S. for the crimes he had committed between June 20th, 1979 and June of 1980.
Who this brass is is anyone’s guess.
According to the findings of the Somalia Commission of Inquiry, base commanders were known to have an undue amount of influence over military police and CFSIU investigations. And in the case of Captain Father Angus McRae, the base commander was Captain McRae’s commanding officer.
Who was the base commander?
According to the Department of National Defence, <retired>Colonel Dan Munro was the base commander of Canadian Forces Base Namao at the time. The Canadian Armed Forces have also confirmed that <retired>Colonel Dan Munro was Captain McRae’s immediate superior.
What information could <retired>Colonel Dan Munro shed on the events and decisions of 1980? No one knows at this point in time as Sgt Damon Tenaschuk’s legal advisor in Ottawa would not allow Munro to be investigated due to the 3-year time bar that existed prior to 1998.
It must be remembered though that base commanders have to follow the orders of their superiors.
Without speaking to anyone associated with the Canadian Forces senior leadership from back then, I don’t think we will ever know the true reasons as to why the Royal Canadian Mounted Police were never called in to deal with P.S..
I have one very damning hypothesis supported by not only the actions of the Canadian Forces moving Captain McRae’s court martial “in-camera”, but also by curious language contained within the Juvenile Delinquents Act.
1970 Revised Statutes of Canada Chapter J-3 Juvenile Delinquents Act
A summary conviction requires far less evidence for a conviction to be secured than an indictable offence. Captain McRae was charged and convicted for committing “Acts of Homosexuality” with P.S.. As P.S. was 14 years of age as of June 20th, 1979, P.S. could have been charged and convicted for committing sexual acts against children between the ages of 4 and 12 had the Royal Canadian Mounted Police been informed of his deviant behaviour. This meant that Canadian Armed Forces officer Captain Father Angus McRae would have more than likely been found guilty upon summary conviction in Juvenile Delinquents Court of having contributed to the delinquency that P.S. was exhibiting when P.S. molested the children for which he would have been convicted had someone not prevented the RCMP from being called in.
Why was this done?
Was this done to protect P.S.?
From what I’ve been told by some of the former brats that lived on the base at the time, due to the number of children that P.S. abused there were plans afoot in the Junior Ranks mess to lynch P.S..
By not handing P.S. over to the RCMP for investigation, did the Canadian Forces chain of command believe that they were diffusing a bad situation.
Or, was there something else afoot in the decision to not call in the RCMP to deal with P.S..
I think this had everything to do with legal liability.
Had P.S. been handed over to the RCMP, and had the RCMP charged P.S. for the sexual acts he had committed with children as young as four years of age, and had the Crown prosecuted P.S. and secured convictions, Captain McRae could have been summarily convicted in Juvenile Delinquents Court for contributing to the delinquency of a minor.
By convicting Captain McRae of contributing to the Delinquency of a Minor, the Canadian Armed Forces and the Department of National Defence, being the employer of Captain McRae, could have been found liable for the actions of their employee.
In 2011, when I made my complaint to the Edmonton Police Service Angus McRae was alive and well.
The Canadian Forces knew right from the start of the connection between P.S. and Angus McRae.
The Canadian Forces knew that if the CFNIS brought charges against P.S., these charges would have to be brought under the Juvenile Delinquents Act as P.S. had committed these offences while the Juvenile Delinquents Act was in power.
This means that Angus McRae could also be charged under the Juvenile Delinquents Act for contributing to the Delinquency of a minor.
The fact that Angus McRae died over three months after the start of the investigation into my complaint against P.S. is of little concern as Angus McRae plead guilty before a courts martial on July 18th, 1980 to having committed “Acts of Homosexuality” with P.S..
In November of 2008 the Canadian Forces Director of Claims and Civil Litigation accepted General Legal Liability for the personal damages P.S. suffered at the hands of Angus McRae while Angus McRae held the rank of Captain and was an employee of the Canadian Forces.
I think what the Canadian Forces have feared all along is the liability.
Under the Juvenile Delinquents Act, the concept of an adult being responsible for the delinquency of a minor was well established.
This one fact alone poses a problem for the Department of National Defence and the Canadian Armed Forces. Even though Angus McRae had been mentally incompetent since June of 2007 and obviously couldn’t be prosecuted, DND and the CF had a problem.
McRae already plead guilty of his own free will on July 18th, 1980.
Captain McRae admitted to committing the exact same offences against P.S., that P.S. in turn committed against us much younger children. Acts such as Indecent Assault( sexual touching of the private areas), Gross Indecency(non-penetrating sexual acts between males, i.e. masturbation), and Buggery( anal intercourse).
So as long as P.S. had at least been charged, with or without a conviction, a civil action could have been commenced against the Department of National Defence and the Canadian Armed Forces.
And considering that Canadian laws at the time provided the ability to hold an adult responsible for the delinquency of a minor, I think that the victims of P.S. and McRae would have had success in obtaining compensation in court.
For further proof of the issue of liability, look no further than the matter of Earl Ray Stevens, the commissioner from my time when I was enrolled with the Sea Cadets at the Denison Armouries in North York, Ontario.
I was first interviewed by the CFNIS on April 11th, 2017 at the Vancouver Police Department Headquarters. By June the CFNIS had handed the case over to a detective with the Toronto Police Service. Through June and July I had some telephone conversations with this detective.
On August 14th, 2017 I was informed by the Toronto Police Service that Earl Ray Stevens had been arrested and charged with 6 counts of Sexual Assault.
On August 21st and 22nd 2018 I participated in the preliminary hearing. During the preliminary hearing the Crown Prosecutor laid out the charges against Earl. Earl’s defence attorney was allowed to examine me and ask me questions. At the conclusion of the preliminary hearing the justice overseeing the preliminary hearing ruled that there was sufficient evidence to proceed to trial.
Unfortunately Earl died of bladder cancer before we could get to trial.
So, why did the Canadian Forces allow me to get Earl and not Peter.
Again, it’s liability.
The Canadian Armed Forces and the Department of National Defence are not legally responsible for cadets, even if those cadets are participating in a cadet parade night in a building that is owned and operated by the Department of National Defence.
If you want proof of this, look no further than the cadets from CFB Valcartier in 1974.
In 1974 a group of army cadets were at Canadian Forces Base Valcartier for their summer training course. One day the cadets were in one of the barracks receiving safety training for live munitions. This was not so they could handle live munitions, but so that when they were out on the training ranges, they could recognize live munitions and safely stay away from them.
The instructor for the course, a Captain with the regular forces, brought a case of dummy grenades into the class. Amongst the dummy grenades was an actual live grenade. To this day, no one has ever established how the live grenade got into the class. According to witness testimony, one of the boys picked up the real grenade and asked the instructor if the grenade was real, the instructor assured the cadet that the grenade was not real. The cadet then pulled the pin out of the grenade and released the fuse handle while holding on to the grenade. The cadet and 5 other boys between the ages of 13 and 15 were killed immediately when the grenade exploded. 155 other cadets that were in the room suffered various physical and mental injuries.
It wasn’t until March of 2017 that the Department of National Defence agreed to compensate the families of the boys who had been killed by offering each family $100,000.00. The survivors or their families will be eligible for $42,000.00. They will also be allowed to apply for up to an additional $310,000.00 for pain and suffering.
For forty years the Department of National Defence and the Canadian Armed Forces fought paying the families any manner of compensation even though the deaths and injuries were caused by a military grenade, on a military base, while a bunch of children between the ages of 13 to 18 were under the control of a member of the regular forces.
Under no circumstance would I ever be able to seek compensation from the Department of National Defence for the abuse I endured at the hands of Earl Ray Stevens.
To further insulate the Canadian Forces and the Department of National Defence from any type of civil action is the fact that Earl Ray Stevens was not an employee of either the Department of National Defence or the Canadian Armed Forces. Earl Ray Stevens worked for an outside contractor that provided security services at the Denison Armouries.
The Canadian Armed Forces and the Department of National Defence could allow me to have Earl Ray Stevens as Earl Ray Stevens presented absolutely no legal risk to either the Department of National Defence or the Canadian Armed Forces.
P.S. is a problem for the Canadian Armed Forces.
P.S. is a path of direct liability.
In 2008, the Department of National Defence admitted to full legal liability for the personal injuries that P.S. suffered at the hands of Captain McRae.
The Department of National Defence paid P.S. compensation.
On July 18th 1980, in Court Martial CM62, Canadian Armed Forces Officer Captain Father Angus McRae plead guilty to all of the charges that he had been charged with in relation to the crimes he had perpetrated against P.S.
The Juvenile Delinquents Act at the time said that adults could be held directly responsible for contributing to the delinquency of a minor.
Whether or not Angus McRae is alive or dead is a moot point.
Yes, he cannot be charged criminally.
However, Angus McRae already plead guilty.
The victims of P.S. only needed P.S. to be charged and convicted for the door of civil liability to be flung wide open.
This is something that the Department of National Defence and the Canadian Forces were not going to allow.
If the Canadian Forces could be held liable in a civil damages trial for the matter of Captain McRae, how many other victims of sexual assault on the many different bases would also be able to sue?
P.S. isn’t some random guy that I picked out of the phone book. I suffered for over a year at his hands, as did my brother, and four other kids that I know of.
P.S. had his first criminal conviction for child molestation just four years after he had been caught buggering me in his bedroom in May of 1980. In 1984 P.S. was charged and convicted with molesting an eight-year-old boy on a Canadian Forces Base in Manitoba.
In 1985, after his family had been posted back to CFB Edmonton from CFB Petawawa, he was arrested and charged with molesting a nine-year-old boy on CFB Namao. As a result of this the Canadian Forces kicked P.S. off the base. J.S., the father of P.S. rented P.S. an apartment in the west end of Edmonton. P.S. lured a thirteen-year-old newspaper boy into his apartment and molested the boy. In August of 1985 P.S. was convicted on both counts.
According to an RCMP constable who had run a CPIC check on P.S., P.S. had many more charges between 1985 and 2000. Most charges were for sexual assaults, some charges were for assault, and a few charges were for robbery. Most charges ended up with convictions, and some charges were stayed or dismissed.
So, when Petty Officer Morris told me on November 4th, 2011 that the CFNIS just couldn’t find anything to indicate that P.S. was capable of the crimes that I had accused him of, I immediately knew there was something else at play.
That something at play was the desire to avoid liability.
No charges against P.S. = no connection to Captain McRae.
No connection to Captain McRae = No liability for the Canadian Force or DND.
And this is one of the many “conflict of interest” scenarios that should have seen the CFNIS recuse themselves from this matter. The CFNIS, as per Canadian Forces Provost Marshal policy CFMP 2120-4-0, should have offered this matter to the outside civilian authorities having jurisdiction.
CFPM policy Directive CFPM 2120-4-0
P.S. was at the time of the commissions of his crimes from June 20th, 1979 onward, a civilian with absolutely no connection to the Canadian Forces.
CFPM Directive 2120-4-0 clearly stipulates that these matters are to be offered to the outside civilian agencies first.
The CFNIS didn’t do that for investigation GO 2011-5754.
The CFNIS did however follow this proceedure in the matter of Earl Stevens when they offered the case to the Toronto Police Service and the TPS accepted the case.
Liability is what it all boils down to.
It has nothing to do with protecting P.S.
P.S. would have faced almost nothing in consequences as he would have had to be dealt with under the Juvenile Delinquents Act. Any loss of liberty, P.S. has already endured as a result of his convictions from 1984 onward.
The only agency with anything to lose is the Canadian Armed Forces and the Department of National Defence.
And it just so happens that the police agency that would have to bring charges against P.S. just also happens to be within the chain of command of the organization that would suffer civil action should charges be brought against P.S.
Not really too much independence from the Canadian Forces chain of command, is there.
The VCDS is the Vice Chief of Defence Staff.
The CFPM is the Canadian Forces Provost Marshal
The CO CFNIS is the commanding officer for the entire CFNIS division.
The CFNIS Regional Commanders are the Officers Commanding for the different divisions such as CFNIS Pacific Region, CFNIS Western Region, CFNIS Central Region, etc.
The Vice Chief of the Defence Staff reports directly to the Chief of Defence Staff.
The Chief of Defence Staff in turn reports directly to the Minister of National Defence.
In total the CFNIS investigator is 5 steps removed from the Minister of National Defence.
Section 83 of the National Defence Act states that all subordinates must obey the lawful commands of their superiors.
You can hopefully understand why I think something stinks about this whole matter.
If somebody wanted to initiate a civil action for damages they endured at the hands of a member of the Canadian Armed Forces, they’d have to name the Minister of National Defence.
P.S. vs. Minister of National Defence et. al. Alberta Court of Queens Bench action Q0103 08346 claim amount $4.3 million
Here is the request for payment after the Department of National Defence agreed to accept General Legal Liability for the personal damages that P.S. endured.
Shortly after this request being issued the lawyer for P.S. filed a motion for a discontinuance.
Alberta Court of Queens Bench Procedure Card Action Number Q0103 08346The comments P.S. made to Sgt. Robert Jon Hancock of CFNIS WR on August 9th, 2011
I’m still really curious as to what is was that the military “handled” for P.S.. But in the end, I don’t believe that this was the reason the CFNIS in 2011 conducted such a laughable investigation.
I believe that the reason the CFNIS conducted such a soft investigation in 2011 was due to a chain of command desire to prevent further settlement payments to in the matter of P.S. & Captain Father Angus McRae.
I believe that the 2015 restart of the 2011 CFNIS investigation was just a worthless “Dog and Pony show” to try to put a positive spin on what had been a really bad investigation.
And I honestly believe that the Canadian Forces and the Department of National Defence are very well aware of the problems they were having with the Catholic Clergy on the bases in Canada. Hence why in the 1980s they shut down the rectories on all the bases.
And if liability wasn’t a concern, what’s this about then?
If you think that the Canadian Forces made it harder to obtain baptismal records because they want to “respect the Federal Privacy Act and to alleviate identity fraud”, I’ve got a bridge in Brooklyn that I’d like to sell to you. If you can’t prove that you were baptized in the Catholic faith, then it’s even harder for you to prove that you had any legitimate reason to be at the base chapel.
You wanna buy a bridge? Have I got a bridge for you.
I believe that the art of investigative journalism is dead in this country. If it’s not out right dead at this point in time, then it’s pretty well on death’s doorstep.
I believe that “media consolidation” and the move towards infotainment is responsible for the sad state of our media.
Editors now direct their teams based upon a calculation of “eyeballs / dollar”. The more eyeballs a story can bring in, the more advertising dollars the network can enjoy.
The number of investigative journalists is at such an all time low that simple things like an election throw most news room into chaos.
As a result of this chronic under staffing, journalism in this country seems to be able to handle only one thing at a time.
But it never used to be like this.
We used to have a media that asked the though questions and demanded the answers.
Nowadays reporters are afraid to ask questions because it might hurt the feelings of the person they’re asking the question of.
In the matter of child sexual abuse in the Canadian Armed Forces, all the news media has to do in this matter is to ask the Canadian Armed Forces and the Department of National Defence some very simple and straight forward questions.
10 simple little questions.
No direct allegations against anyone.
No accusations of wrongdoing.
Just some simple little questions.
First question: Who investigates child sexual abuse cases in which a child is sexually abused on a Defence Establishment either by a civilian or by a person subject to the Code of Service Discipline.
Second question: Do either the base Military Police or the Canadian Forces National Investigation Service have specially trained sections that deal with victims of child sexual abuse.
Third question: In light of the findings of the External Review conducted by retired Supreme Court justice Madame Marie Deschamps, how can the Canadian Forces and the Department of National Defence ensure that investigations of childhood sexual abuse didn’t fail due to the very same shortcomings highlighted by the External Review.
Fourth question: What is the unfounded rate for childhood sexual assault investigations within the Canadian Forces Military Police Group.
Fifth question: How many investigations are there undertaken every year that look at the following crimes committed against children: “Indecent assault”; “Gross Indecency”; “Buggery”; “Sexual Interference”; “Invitation to Sexual Touching”; “Sexual Exploitation”; You would have to ask for these very specific Criminal Code offences as DND and the CF have a very sneaky manner of using sleight of hand to substitute “Sexual Assault” for the specific Criminal Code offences listed above. Sexual Assault is a Criminal Code offence all on it’s own and it is separate from the charges listed above.
Sixth question: On July 6th, 2010 Canadian Forces Provost Marshal Colonel Tim Grubb released a report that stated “the DND community has a noticeably and disturbingly higher per capita rate of sexual violations against children, including child pornography, firearms offences and other assaults when compared to the rest of the Canadian population”. Where are the military police investigations that correspond with these “violations against children” and were these matters successfully prosecuted. Were these matters prosecuted in the military justice system or were these matters transferred into the civilian justice system.
Seventh question: Prior to 1998 there existed a flaw in the National Defence Act that placed a three-year-time-bar on all Service Offences. Service offences include “Indecent assault”, “Gross Indecency”, “Buggery”, “Sexual Interference”, “Invitation to Sexual Touching”, “Sexual Exploitation”, and “Sexual Assault”. Indictable offences have no statute of limitations in the civilian justice system. How does the Canadian Forces work around this legal hurdle to ensure that persons who were sexually abused on defence establishments as children have the same legal rights as persons who didn’t live on defence establishments as children and who were abused by persons with no connection to the Canadian Armed Forces?
LS-311E describing the effects of the 3-year time bar.The three-year-time-bar still has implications that affect modern day investigations.
Eighth question: Prior to November 1997 the National Defence Act required that a commanding officer conduct a summary investigation AFTER the military police had laid charges against the commanding officer’s subordinate. Prior to November 1997 the commanding officer had the full authority of the National Defence Act to dismiss any charge, military or civilian, that had been brought against their subordinate. The charges that a commanding officer could dismiss included, but were not limited to: “Indecent assault”, “Gross Indecency”, “Buggery”, “Sexual Interference”, “Invitation to Sexual Touching”, “Sexual Exploitation”, and “Sexual Assault”. As LS-311E explained, once these charges were dismissed by the commanding officer, these charges or similar charges arising out of the same facts could never be brought against the accused at a later date be either a civilian or military authority. How does the Canadian Armed Forces deal with these matters where a commanding officer may have dismissed the charge prior to 1998, and the victim, now as an adult, desires to press charges unaware that the military has already once dismissed the charges brought against their abuser?
Legislative Summary LS-311E A legal document for Parliament that accompanied Bill C-25 in 1998.
Ninth Question: Are members of the Canadian Forces National Investigation Service and their superiors exempted from Section 83 of the National Defence Act? How does the Canadian Armed Forces and the Department of National Defence ensure that Section 83 is not utilized in such a manner by the chain of command to limit and control the scope of a CFNIS investigation.
Current language in the National Defence Act makes it very hard for CFNIS investigators to be independent of the chain of command.
Tenth Question: In 2015, just after General Jonathan Vance became the new Chief of Defence Staff, he told Canadian Armed Forces military personnel that they could call 9-1-1 (civilian police) to report sexual assaults if they didn’t feel confident in the military system. Why wasn’t that same allowance made to civilian victims of military sexual assault? Why do civilian victims still have to deal with the military police and the CFNIS to report the crimes committed against them.
Military Personnel can call 9-1-1. Former base brats are stuck with the base military police and the Canadian Forces National Investigation Service
These are all simple question. Nothing too hard to ask. These are questions that I can’t ask though as I’m a nobody so far as the Department of National Defence and the Canadian Armed Forces are concerned.
The news media? They have powers that mere members of the public don’t have.
They have access to the eyeballs.
Let’s be honest. Nobody reads my blog. The only time it gets any type of traffic is when I make a post to one of the brat groups. Other than that, there’s no traffic.
As the headline says, today I received the official word from Global News that there is no interest in pursuing our story.
If I had to surmise why this is such a difficult story for the media to cover, I would have to say that it’s the ignorance that is inherent in the media.
The media for the most part are “Book smart and street dumb”.
The current reporter wouldn’t be the first one to state to me that if there had been a problem in the Canadian Forces, they would have heard about it by now.
We know for a fact that the Canadian Forces has had some rather dubious characters in its employ: Colonel Russell Williams; Brigadier General Roger Bazin; Captain Father Angus McRae; Corporal Donald Joseph Sullivan; Blackmore; Private Buckland; Private Clabby; Corporal Ryan; 2nd Lt. Sheehy-Tremblay; Seaman Mitchell; Corporal Turner; The gang from Somalia; And many, many more. But these were the ones that weren’t quietly swept out of the military.
We also know from the report released by Colonel Tim Grubb in the aftermath of the Colonel Russell Williams fiasco that the review conducted by the Provost Marshal found a “disturbingly higher” incidence of child sex abuse in the defence community”
I asked the reporter I was most recently involved with if Colonel Tim Grubb’s report, along with the 3-year time bar, and the Summary Investigation flaw caused him to have any concerns. He said that he couldn’t see how these were related to one another.
The reporter that I most recently dealt with says that he recently filed an FOI request with DND asking DND how many members of the Canadian Forces were charged with child abuse.
Child abuse is not a crime. No, really, it’s not. And I don’t mean that it’s legal to abuse children. There is no Criminal Code offence called “Child Abuse”. So of course, DND is going to respond that it could find no records.
I told this reporter many times over that if he wanted to look for criminal convictions that he’d have to look for these charges using very specific terms such as “151 – Sexual Interference, 152 – Invitation to Sexual Touching, 153 – Sexual Exploitation” for crimes that occurred after 1985, and Gross Indecency, Indecent Assault, and Buggery for sexual crimes that occurred prior to 1985.
And even at that, DND didn’t start maintaining a database of offences until the early 2000’s. This means that if you wanted to look for sexual crimes committed against children prior to 1998, you’d have to search through every service member’s file held at the Library and Archives Canada. To do so though, you’d need the permission of either the service member or the service member’s next of kin if the service member has been deceased for less than 20 years.
And I know that DND is very deceitful with the information that it releases. Back in 2018 I filed an ATI with DND ” how many cases of child sexual abuse occurred pre-1998 and were brought to the attention of the CFNIS/MP/CFPM port-1998 and declined prosecution due to the 3-year time bar”. DND fought me on this first arguing that this would require them to create new records which they weren’t obligated to. The Office of the Information Commissioner of Canada became involved and DND finally released the information I requested. Or so it appeared. What clued me off that something was amiss was that CFNIS investigation GO 2011-5754 was absent from the release of documents. GO 2011-5754 was my complaint against P.S. that I filed in March of 2011.
What I did realize quickly is that DND had released to me a list of “Sexual Assaults”. Sexual Assault is a unique Criminal Code offence that does not include “Indecent Assault”, “Gross Indecency”, “Buggery”, “Sexual Interference”, “Invitation to Sexual Touching”, and “Sexual Exploitation”.
This is something that the media in Canada just can’t seem to wrap their heads around. The media seems to equate “no records can be found” with “no crimes were ever committed”.
I suggested to this reporter that if he really wanted to see just how big of a problem sexual crimes committed against children had been back in the days prior to 1998 that Global perhaps run some spots during its nightly news broadcasts asking viewers to call in to Global to report if they were ever the victim of child sexual abuse on a Canadian Forces Base. This doesn’t accuse the Canadian Forces or anyone with the Canadian Forces of having committed anything. It’s just a request for victims to come forward. Once the victims come forward, then you listen to their stories. Once you have their stories, then you pick a common theme. Once you have that common theme, then you start hammering away on DND until DND owns up to the skeletons in their closet.
Sitting around on your arse, waiting for the Minister of National Defence or the Chief of Defence Staff to come forward and say “Hey look, we had a problem, we fucked up”, is going to waste a lot of time.
If you want an organization like DND to respond, you need to crank up the heat and make it uncomfortable for them.
The media also seems to equate the lack of victims willing to go on record as an indication of their honesty. Many former brats that I’ve spoken to, whom came from dysfunctional families on base, are for the most part terrified of saying anything against the Canadian Forces. Then there are the brats who are terrified of saying anything out of fear of some of the members of the base brat groups on Facebook.
I know for a fact that a lot of the Facebook groups for base brats will censor my posts and will remove them. So no, the base brat groups cannot be viewed as being a cross section of typical former brats, as the views espoused in some of these groups are very sanitized.
I’ve been trying to garner media attention since way back in 2011 when I first learnt of the connection between my babysitter, P.S. and Canadian Armed Forces officer Captain Father Angus McRae.
The media see absolutely no conflict of interest with having a “police” organization such as the CFNIS conduct investigations which may subject their superiors to civil actions. There were 25 children who had been sexually abused on Canadian Forces Base Namao by Canadian Armed Forces officer Captain Father Angus McRae and his altar boy P.S.. McRae taught P.S. how to sexually abuse children. McRae encouraged P.S. to abuse children. McRae requested that P.S. escort children over to the chapel to be abused by both Captain McRae and P.S. after administering alcohol to the children.
P.S. sued the Minister of National Defence in March of 2001 and settled out of court in November of 2008 with the Minister of National Defence after the Department of National Defence accepted General Legal Liability for the personal damaged that P.S. endured at the hands of McRae. I can’t say if P.S. settled with the Archdiocese of Edmonton or the estate of Angus McRae, but I can’t see DND absorbing all of the costs when P.S. had named all three parties. If each party shared 1/3 of the liability, this means that P.S. walked away with close to $600,000.00. Not bad for someone who wasn’t as innocent as the Canadian Forces portrayed him to be back in 1980.
Because the Department of National Defence accepted legal liability, the chain of liability has well been established. If P.S. were to admit that (a) he sexually abused the children he was babysitter while he was 14 years of age and older, and (b) that he acted upon Captain McRae’s instructions and brought the children he was babysitting over to the chapel to be sexually abused by both Captain McRae and himself, the victims of both Captain McRae and P.S. would have a very simple time arguing in court that they were entitled to at least the same amount of compensation that the Department of National Defence agreed to compensate P.S.. Now, let’s say that there were in fact 25 children being sexually abused by Captain McRae and P.S.. And lets say that P.S. had been awarded the maximum that the Canadian Forces Director of Civil Claims and Liabilities is authorized to sign for, which is $200,000.00. That’s five million dollars in payouts at a minimum.
Why don’t I just sue the military on my own? Suing the military without a direct connection being established between myself and P.S. would be an extreme exercise in futility, especially seeing as how the 1980 CFSIU investigation established that P.S. was in fact the only victim of sexual abuse and that there were no other victims. This is also why suing P.S. for civil damages would be out of the question as well. Surely if P.S. had been molesting children and assisting Captain McRae with his devious schemes back in 1979 to 1980, the military police and the CFSIU would have handed P.S. over to the RCMP, right?
The media seems to like to think of the members of the CFNIS as being police officers just like civilian police officers. The CFNIS and the Provost Marshal operate completely different than any civilian police force. CFNIS investigators do not run their own investigation. SAPMIS, the record keeping system used by the military police is not secure. The investigator’s superiors running the investigation aren’t necessarily trained in law enforcement and may not even have training in the field of the investigation being undertaken. And more alarmingly, there are no provisions in the National Defence Act which exempt CFNIS investigators from section 83 of the National Defence Act. This means that investigators with the CFNIS are bound by the National Defence Act to obey all lawful commands of their superiors upon threat of life in prison for disobeying the lawful command.
The Chain of Command for the CFNIS looks kinda like this: Minister of National Defence –> Chief of Defence Staff –> Vice Chief of Defence Staff –> Provost Marshal –> CFNIS commanding officer –> CFNIS regional commanding officer –> CFNIS investigator.
You can see why this is a bad arrangement and you can hopefully see why the CFNIS need to be disbanded. The RCMP, as troubled of an agency as they are, are completely outside of the command influence of the Canadian Forces chain of command.
The sad thing is that the media can’t see this conflict of interest.
In the next little while, I’m going to start naming all of the reporters that I’ve dealt with since 2011.
Global has shown no commitment.
CBC has shown no commitment.
CTV has shown no commitment.
And to be honest, media consolidation in this country has probably been the single largest contributing factor which explains the media’s lack of interest.
All I know is that these reporters and these news agencies are helping the Canadian Armed Forces keep their dirty little secrets hidden and buried in the past. I’ll be 49 in a few months. Statsically speaking, I have 20 years or so left to live So if it takes another 10 years to find a news agency willing to get off its high-horse and actually start doing some investigative work, I might be 65 by the time this story hits the headlines.
And that’s all the Canadian Forces and the Department of National Defence have to do is simply wait us out.
Most of the brats that lived on base during the ’50s are starting to pass on.
Next to go will be the brats that lived on the bases in the ’60s.
All DND has to do is wait until 2040 and most of the kids who were in their teens during the ’70s will start passing away.
By 2050 DND won’t have to worry about former sexually abused military dependants making noise.
There’s a reason why DND transferred control of the PMQs to an independent arms length agency in the 1990s
There’s a reason why the number of family PMQs on base are dwindling and why DND and the Canadian Forces are encouraging members to buy homes and live in the civilian world instead of in the PMQ patches on base.
There’s far too much liability and risk in running company towns. Especially when you’re the employer and you provide the security services.
On March 10th, 2020 I was contacted by an investigator with the Canadian Forces National Investigation Service Western Region office at Edmonton Garrison.
This has to do with a second member of the Canadian Armed Forces that my babysitter, P.S., provided me to for sexual purposes.
Who this man was, I don’t know.
Through paper work supplied to me by various Access to Information requests, I think I have a good idea of just who this person might be.
My grandmother had me involved with all manners of sports while we lived on Canadian Forces Base Namao. I was in hockey, I was in 5 pin bowling, I played basketball, and I was in the Red Cross swimmers program. Most of these programs were heavily subsidized to the point of not costing anything outside of the cost of uniforms or equipment.
I had been at the base pool for one of the youth swim nights. I was by myself. Now, this wasn’t a big deal back in the late ’70s, early ’80s for an eight year old kid living on a military base to be at the base swimming pool alone without adult accompaniment.
Sadly though, I can tell you from personal experience that there were perverts in the military back then.
I had just finished showering, and I was heading to my locker when P.S. came up to me and grabbed me and told me there was someone that wanted to see me in the sauna.
This would have just been a few weeks after he had been caught buggering me in his bedroom. In the time after he had been caught buggering me, he had become very physically aggressive and violent and had resorted to making all sorts of threats against me of harm that would happen if I ever told anyone about what he had done to me.
I know this encounter in the sauna occurred prior to the June 23rd, 1980 house fire on 12th street that destroyed the S. family home.
At the time, my father was still mainly living off base with his then girlfriend Susan. He was rarely home at the time. Richard and Susan didn’t move into the house on CFB Namao until August of 1980. My father relied on his mother to raise both my brother and I. My grandmother was usually drunk most of the time. And my grandmother had numerous emotional issues. So no, there was no telling grandma about what was happening.
Unlike the five times that P.S. took me for visits over to the base chapel to visit with Canadian Armed Forces officer Captain Father Angus McRae, there was no alcohol given to me prior to the sexual acts. So, I remember all of it.
I won’t go into describing the event, but suffice to say, no eight year old should be required to do what I did. And no 15 year old should be facilitating the event. And no Canadian Forces service personal should ever request these types of services from an eight year old child.
I don’t remember too much about this man. I know that he looked like a service member. Sure, he wasn’t wearing anything more than a towel in the sauna, but he had a typical neat and trim appearance. And I doubt that he just wandered onto the base and managed to find the one 15 year old boy that was willing to pimp out other children.
For the longest time, I could never put a name to this man. I honestly had no idea who he was. However, after I received certain documents from DND in 2018, I’m more than certain that I know who this man was, and why he was on the base in that period of time.
So, right now I’m just waiting for the COVID-19 pandemic to be lifted. After this I will be interviewed by the CFNIS.
Do I hold out much hope for anything happening?
Not really. This is the Canadian Forces matter.
Back around 2017, I had asked Sgt. Tenaschuk of CFNIS Pacific Region if he could drive on over to Victoria and asked retired Canadian Armed Forces officer Colonel Dan Munro what exactly transpired on Canadian Forces Base Namao after his direct subordinate Captain Father Angus McRae was investigated for molesting numerous children on CFB Namao from 1978 to 1980.
Sgt. Tenaschuk checked with his legal advisor, and this is what the legal advisor told him.
Now, what must be remembered is that all I asked for Sgt. Tenaschuk to do is to talk with <ret> Colonel Dan Munro. I hadn’t accused <ret> Colonel Dan Munro of anything illegal.
In 2010, retired Canadian Armed Forces officer Brigadier General Roger Bazin was arrested and charged for molesting a young boy on Canadian Forces Base Borden in the early 1970s when Bazin was a Captain serving as the base chaplain.
In 2010 the charges were dropped just as quickly as they had been brought.
In 1986, the Court Martial Appeal Court found in the matter of Corporal Donald Joseph Sullivan, that the Canadian Armed Forces have the right to consider Gross Indecency, Indecent Assault, and Buggery as Service Offences under the National Defence Act. As such the Canadian Armed Forces have the authority to conduct a service tribunal for these service offences, even in the modern day.
The three-year time bar that existed prior to 1998 applied to ALL service offences.
Under the National Defence Act, service members also had the right to request a courts martial to have their charges dealt with.
You see where this is going, right?
And you also hopefully understand why the Canadian Armed Forces have such a squeaky clean record when it comes to child sexual assaults prior to 1998.
I have absolutely no doubt in my mind that the 3-year time bar matter played a significant part in the decision to drop the charges that had been brought against Bazin.
Did Bazin request that his charges be proceed with in a court martial? The National Defence Act allows for the Canadian Forces to charge retired service members with service offences. As the person was subject to the Code of Service Discipline at the time of the offence would this person be able to request a court martial instead of a civilian trial? And if so, then the 3-year time bar automatically comes into play.
Could a retired service member argue in civilian court that because they were subject to the code of service discipline at the time of the offence that they deserved to have the 3-year time bar applied in their matter?
If only the media in this country would start asking these types of questions instead of waiting for DND to bless them with an answer, we might finally see Parliament create legislation that retroactively removes the 3-year time bar from Service Offences that as Criminal Code matters would not have had any type of statute of limitations.