Podcast #4

Podcast #4 the CFSIU

There’s only one person throughout this whole sordid affair that appears to have tried his best within the constraints of the defective military justice system.

He was a military police investigator with the CFSIU back in 1980.

Actually, he was a base military police officer until March of 1980, then he became the acting section commander of the CFSIU at CFB Edmonton.

He is the one who investigated Captain McRae.

He’s also the one who had to ask base commander Colonel Dan E. Munro to allow McRae to be held in closed custody as he was worried that McRae was going to go “talk” to the families of the children involved.

McRae was a Captain.

J.S. the father of P.S. was a Sgt.

Most of the other fathers of the kids involved were also junior rank members of the Canadian Forces.

My father at the time was a lowly corporal and wouldn’t have been able to defy the wishes of Captain McRae, or anyone else up the chain of command for that matter.

The following section from the National Defence Act would have ensured that the parents of the children involved would have followed the wishes and desires of the chain of command, whether they liked it or not.

Revised Statutes of Canada 1970 National Defence Act
Revised Statutes of Canada 1985 National Defence Act

This is the file for the CFSIU investigation paperwork for the Captain Father Angus McRae matter in 1980.

This is the file for the Captain Father Angus McRae court martial that occured on July 15, 16, 17, and 18 of 1980.

Two things about this paperwork.

First is the Charge Sheet. As the Summary Investigation flaw detailed in LS-311E indicated, it was the commanding officer of the accused that determined which charges the accused would face and which charges would be dismissed. In this case, it was CFB Namao Base Commander Colonel Dan E. Munro who would have been required by Section 139 and 140 of the 1970 National Defence Act.

Revised Statutes of Canada 1970 National Defence Act
Revised statutes of Canada 1985 National Defence Act

Second is that Captain McRae plead innocent to the charges until P.S. was called into the court martial hearing as a witness. Once P.S. gave his statement, McRae changed his plea from innocent to guilty.

McRae’s defence officer appears to have tried to use the fact that the Catholic Church had conducted an Ecclesiastical Trial against McRae and found him guilty therefore the court martial should not be able to find McRae guilty again. The Ecclesiastical Trial paperwork is at the end of the court martial transcripts.


Podcast #3

This is Podcast #3.

It’s a long one, but it’s also a good one.

Above is the audio and also available for download is a copy of the 2nd Independant Review of Amendments to the National Defence Act.

One thing that I didn’t notice the first time I read this report is that even in 2011, the Military Police Complaints Commission was aware that the Supreme Court of Canada considered it to be improper for a police agency to receive direction from a governmental body that could be subject to civil actions based on the outcome of an investigation.

This is the chain of command:
Mininster of National Defence –> CDS –> VCDS –> CFPM –> CFNIS Commander –> CFNIS Unit Commander –> CFNIS Investigator.
Section 18 of the National Defence Act stipulates that the VCDS may direct the CFPM in regard to any particular military police investigation.
Section 83 of the National Defence Act stipulates that every member of the Canadian Armed Forces MUST obey the “lawful” commands of their superior.

This is literally everything the Supreme Court of Canada has said is unacceptable.

You cannot have the CFNIS conducting investigations that have the POTENTIAL to bring civil actions against the office of the Minister of National Defence as the Minister via the Chain of Command has direct authority over the entire Canadian Forces military police.