A Petition

Well, I finally have a sponsor for my petition.

Anyone who is a Canadian Citizen can sign this petition.

This petition will have to reach 500 signatures in order for it to be brought to the attention of Parliament.

https://petitions.ourcommons.ca/en/Petition/Details?Petition=e-2537

You can sign this petition by clicking the link below:

https://petitions.ourcommons.ca/en/Petition/Sign/e-2537

In this petition I am asking that Parliament strike an inquiry to look at this issue of child sexual abuse that occurred on the Canadian Forces bases in Canada. Child sexual abuse occurred at least as frequently on base as it did in the civy world. Because of that you’d expect to see some sort of statistics that indicate this. But DND has no numbers available. DND can’t (or isn’t willing to) publish statistics for sexual assaults committed against children on the bases.

Taking into account the unwillingness of DND to share these numbers. And taking into consideration that in 2011 Colonel Tim Grubb stated that there was a disturbingly higher incidence of child sexual abuse within the defence community, there should be some sort of numbers to indicate this.

DND has nothing.

And even when DND did offer up information, it was wrong. For instance, recently I asked in a Freedom of Information request for a spread sheet indicating how many charges were laid per year for sexual crimes committed against children.

What I received instead was a tally of all of the sexual assaults prosecuted through the military justice system since 2002. DND and the Provost Marshal have no records from prior to 2002.

To be quite frank, the number of sexual assault charges was alarming, as was the number of “unfounded” investigations. But that’s a windmill for someone else to tilt at.

The following charges are not “Sexual assault” as defined under the both the 1970 and the 1985 Criminal Code of Canada:
Gross Indecency;
Indecent Assault;
Buggery;
Sexual Interference;
Invitation to Sexual Touching;
Sexual Exploitation;
Incest.

Prior to 1985, the Canadian Forces could not conduct a service tribunal for “Murder, Manslaughter, and Rape”. The above charges are not rape. From 1985 until 1998 the Canadian Forces could not conduct a service tribunal for “Murder, Manslaughter, and Sexual Assault”. The above charges are “sexual offences”, they are not “sexual assault”.

As such, these charges are considered to be “Service Offences” and they are charges that not only can the CFNIS and the military police investigate, but they are charges that can be dealt with in a service tribunal.

I have since submitted to DND an Freedom of Information request for a list of investigations and prosecutions for the specific charges indicated above.

It has been explained to me by the Office of the Information Commissioner of Canada that the SAMPIS record keeping system that the CFNIS and the base military police use is very limited in how it can be searched and the type of data that it can provide. Sounds like a defect by design.

Also explained to me by both the Office of the Information Commissioner of Canada and the Library and Archives Canada is that DND and the CF had horrific to almost non-existent record keeping prior to the early 2000’s.

This is why an external inquiry completely free of the encumbrances of the Department of National Defence is the only way that the truth will be allowed to come out.

As a matter of policy DND maintains no records of former military dependants that live on the bases in Canada. The only way to have former military dependants come forward would be to make an official public request. DND and the Canadian Armed Forces aren’t willingly going to go and find all of these former military dependants. Yes, there are base brat groups on Facebook. However, it is apparent that the number of former brats in the base brat groups on Facebook is a very small drop in the sea. Also, as I’ve noticed, some brat groups tend to censor sensitive posts.

Making further amendments to the National Defence Act is also something that I am asking for via this petition. I think that it is absolutely ridiculous that a 3-year time bar can effective prevent any form of criminal investigation from being commenced against a person who was subject to the Code of Service Discipline prior to 1998. The Criminal Code of Canada has no equivalent “statute of limitations” for indictable offences.

I am also asking for amendments to be made to the National Defence Act that would render null and void any decision by a commanding officer to dismiss charges that had been brought against their subordinate for crimes that amount to child sexual abuse. The idea that a person with no legal training, and no duty to uphold the Criminal Code of Canada is somehow capable of deciding whether or not their subordinate should face charges is absurd.

You can download a copy of Legislative Summary LS-311E using the “Download” button below.

2(a)(1) on page 12 talks about the implications of the 3-year time bar and why it had to be removed in 1998. I know the 3-year time bar affects modern day CFNIS investigations as Sgt. Damon Tenaschuk told me in 2018 that due to information from his legal an investigation would not be commenced as charges could not be laid due to the 3-year time bar which existed when the Criminal Code offence of Obstruction is alleged to have occurred.

2(d) on page 18 talks about the Summary Investigation flaw and how commanding officers could dismiss charges that they wouldn’t have been able to try the accused on. 2(d) also highlights that once a commanding officer dismissed charges related to a service offence that those charges or similar charges arising out of the same or similar facts could never be brought against the accused at a later date.

Again, here is the link to sign the petition

https://petitions.ourcommons.ca/en/Petition/Sign/e-2537