I was going to go after the media in this post, but I’ll save slagging the media for the next post. I’m going to share some information in this post that I was going to keep quiet about until I found a lawyer willing to take on this matter. But after the most recent lawyer I talked to walked away from this matter I figure what the hell, everyone should know what I know now.
Back in November of 2020, the Military Police Complaints Commission released its final report.
The report was very interesting in the way that it said that it couldn’t find anything that would substantiate my complaint against the CFNIS.
However, the MPCC did find fault with the CFNIS for leaning far too heavy upon the opinion of the Alberta Crown. It seemed that when the CFNIS told me on November 4th, 2011 that they couldn’t find any evidence to indicate that P.S. had molested me and my brother, this wasn’t true. The MPCC said that the initial 2011 investigation had ample evidence to indicate that the sexual assaults had occurred and that even the CFNIS chain of command was of the opinion that P.S. had molested my brother and I. The MPCC further indicated that the 2nd CFNIS investigation which took place from 2015 to 2018 further reinforced the 2011 CFNIS investigation.
The MPCC said that the CFNIS was wrong to have relied on the decision of the Alberta Crown to not prosecute as the Crown has a much higher bar for evidence than what a civil matter would require. A civil matter relies on the probability that a crime occurred. A criminal matter needs hard evidence to show that a crime did occur.
The Alberta Crown also has to take into account that if they did decide to prosecute P.S. for the crimes he committed from 1978 until 1980 that they’d have to pay for his travel expenses. The Crown would also have to pay for my travel expenses. And even if P.S. was found guilty, all they could do is sentence him to reform school as that was all that you could sentence a juvenile delinquent to. And I just can’t picture a 50 something male being sentenced to reform school (if those even exist anymore).
The probability in this matter comes from the fact that P.S. was indicated in the court martial records and the CFSIU investigation paperwork to have been on the radar of the military police in 1980 for having sexually assaulted numerous children on the base.
What is interesting about the 2nd investigation is according to the Military Police Complaints Commission, it affirms that the Canadian Forces military police in 1980 were aware that P.S. was sexually abusing children on the base. The MPCC labeled Canadian Armed Forces officer Captain Father Angus McRae as a pedophile. The MPCC further said that it appears that P.S. was committing sexual assaults as a result of being sexually assaulted himself at the hands of Captain Father Angus McRae.
The MPCC made a recommendation to the Canadian Forces Provost Marshal that the Provost Marshal submit more evidence to the Alberta Victims of Crime Tribunal. The Provost Marshal agreed to this.
In February of 2021 the tribunal reviewing the 2018 decision of the Alberta Victims of Crime Board to deny me benefits overturned the decision of the board. The Tribunal indicated that as a result of receiving more information from the Canadian Forces Military Police and after having read my Alberta Social Services foster care records that it was very apparent that I had been a victim of numerous sexual assaults, that these assaults were committed by multiple parties, that I endured numerous penetrations, and that my social service records indicate that I suffered psychological trauma as a result.
Why didn’t the CFNIS tell me on November 4th, 2011 that they believed me, and that their investigation indicated that P.S. did assault me and my brother?
I don’t think it’s accidental that the CFNIS leaned too heavily upon the decision of the Alberta Crown.
Even though the Alberta Crown did urge me to file a civil action against P.S., this would have been an impossibility. No lawyer in this country would have taken on this matter if the police investigation didn’t indicate even in the slightest likelihood that a criminal offence occurred.
Was the CFNIS protecting P.S.?
I fully believe that the CFNIS were protecting the Minister of National Defence.
Or more precisely, I believe the office of the Minister of National Defence via the Vice Chief of Defence Staff wanted to ensure that any potential link between P.S. and Canadian Armed Forces officer Captain Father Angus McRae was not established via the CFNIS investigation.
As laid out in the 2020 Final Report of the Military Police Complaints Commission, P.S. was abusing children as a direct result of the abuse that P.S. was receiving at the hands of Captain McRae.
P.S. was a juvenile at the time.
The Juvenile Delinquents Act at the time indicated that the adult who contributed to the delinquency of a minor was culpable for the crimes committed by that child.
Angus McRae was a member of the Regular Force at the time of the sex abuse scandal on Canadian Forces Base Namao.
The office of the Minister of National Defence has an obligation to defend not only the Canadian Armed Forces against civil actions, the office of the Minister of National Defence is also expected to defend members of the Canadian Forces.
This means that if I wanted to initiate a civil action against P.S. for the damages I incurred as a result of the abuse I suffered at the hands of P.S., I would actually have to name Captain McRae in the action as Captain McRae was the adult that contributed to the delinquency of P.S.
The abuse occurred on a secure defence establishment, for which the Canadian Armed Forces and the Department of National Defence had the sole authority to allow or deny access to.
The Canadian Armed Forces also supplied, trained and staffed the law enforcement agency that was responsible for the security and safety of all persons on that secured defence establishment.
Captain McRae was a member of the Regular Force who had been hired and vetted by the Canadian Armed Forces recruiting process.
The Canadian Forces Military Police and the Canadian Forces Special Investigations Unit were aware of the fact that Captain Father Angus McRae was giving alcohol to the children on the base, and was sexually abusing children in the rectory at the base chapel.
For all of these reasons, the Minister of National Defence would have to be named in any civil action.
The Minister of National Defence would be represented by the Attorney General of Canada and the Department of Justice.
Both the Attorney General of Canada and the Minister of National Defence are represented by the Department of Justice.
All three of these agencies have access to unlimited tax payer funds to “defend” the Office of the Minister of National Defence and the Canadian Armed Forces from their responsibilities.
In 2015 I spoke with the lawyer that had represented P.S. in his action against the Minister of National Defence. This lawyer said that he would never take on a matter like this again. The Minister of National Defence and the Department of Justice enjoy access to unlimited funds from taxpayers and they also have a plethora of lawyers and law firms at their disposal.
As P.S. stated in his Notice of Claim, there exists a great power imbalance between the plaintiff (P.S.) and the Defendants (the Archdiocese of Edmonton and the Department of National Defence).
In his civil action against the Minister of National Defence, P.S. was requesting $4.3 million dollars in damages. I don’t have access to the settlement figures, but based on the type of paperwork present in the settlement, P.S. seems to have received less than $250.000.00 from the Minister. There were two other parties, and all three parties agreed to pay equal amounts. So, it would appear that P.S.settled his $4.3 million dollar action for less than $750,000.00.
From the Department of Justice paperwork that I have, it appears that it was the Department of Justice that was doing all of the heavy lifting on behalf of the other two parties.
The Department of Justice was trying to put together an argument that while Angus McRae was a member of the Canadian Armed Forces Regular Force, DND and the CF shouldn’t have been liable as what McRae was doing was illegal and not part of his expected duties. This argument would have been laughed out of court. But DND had strung P.S. and his lawyer along long enough that it appears that they took the much reduced settlement offer in November of 2008 with the realization that DND could play the waiting game for the rest of eternity.
It took 8 years for DND and the DOJ to settle with P.S. even though Captain McRae had been directly convicted of abusing P.S..
Which brings me to the topic of lawyers.
Yes, I have tried everything in my power to get lawyers to look at this matter.
I had even assumed that with the findings of the Military Police Complaints Commission and the Alberta Tribunal that things would be so much easier.
Well, they’re not.
It comes down to the fact that any lawyer that I want to hire would have to face off against the Attorney General of Canada and the Department of Justice.
So no, it’s not for a lack of trying. It’s just the no lawyer in their right mind wants to spend the next 15 to 20 years trying to reach a settlement with an agency that has an unlimited amount of tax payer dollars at its disposal.
P.S. was very lucky that he was named as the sole victim of Captain Father Angus McRae in 1980.
The rest of us would have to fight this lawsuit based on circumstantial evidence and probability.
The Department of Justice would be able to use its infinite resources to drag this matter out so long in court that all of the victims of P.S. and Captain McRae either die off of old age, or the lawyer involved just gives up and walks away.
Lawyers aren’t stupid, and I don’t blame them for walking away from these matters. I just wish that they’d be more upfront about the unlikelihood of this matter succeeding.
And I also understand why lawyers want $20k retainers and all invoices paid on a monthly basis. No one is going to take a matter like this on contingency. You’d have to be insane. Especially when the Government of Canada can throw unlimited tax dollars at this case.
That’s it for now.
In the next blog post I’m going to get around to dealing with the media.