I know that the National Defence Act and the Queen’s Regulations and Orders may be rather dry and boring reads. But everyone should at least have some basic familiarity with these acts as they are the corner stones of a separate and parallel justice system that exists in this country.
As my father would often say to me “I’m going to make this very fucking crystal clear to you”. The Provost Marshal can’t take a piss without permission from their superiors up the Chain of Command. There is absolutely no way that the Provost Marshal will ever be able to investigate persons of a superior rank without the support of someone else higher up the chain of command hierarchy.
This is the Canadian Armed Forces, not your local police department.
These members are all “Soldiers first, police officers second”.
Rank is paramount.
Yes, the Canadian Armed Forces and the Department of National Defence will prattle on uselessly about how the Provost Marshal and the CFNIS are at arms-length from the Chain of Command and can’t be influenced by the Chain of Command.
There is absolutely no language in the National Defence Act that enshrines this imaginary independence just as there is no language in the National Defence Act that requires the military police to hand off child sexual assault investigations to the civilian police even though there are administrative orders and policy guidelines that say just that. As I’ve learnt over the last eleven years, if it isn’t in the National Defence Act or the Queen’s Regulations and Orders then it means absolutely nothing.
This is the link for the current National Defence Act:
If you read through this you will see that there is absolutely nothing in there that officially places the Provost Marshal, the investigators within the CFNIS, or even the investigators within the military police outside of the Chain of Command.
Further down the same page there’s a very interesting part of the National Defence Act that says that the Vice Chief of Defence Staff may INSTRUCT the Provost Marshal on ANY investigation.
So, the Vice Chief of Defence Staff can instruct the Provost Marshal on ANY investigation, and the Provost Marshal is supposed to make these instructions available to the public, that is unless the Provost Marshal (no doubt on order from the VCDS) decides that it would not be in the “best interests of the administration of justice” to make these instructions available to the public.
Here’s an interesting section of the National Defence Act that applies to every and ALL members of the Canadian Armed Forces including members of the military police, members of the CFNIS, and even the Provost Marshal. There are NO exceptions written or implied to this section.
The term “lawful” still causes a lot of issues today. How is a subordinate supposed to know the legal validity of an order issued by a superior? There is no language contained within the National Defence Act that allows for a subordinate to ask the Judge Advocate General to provide legal opinion of a “lawful” command.
What this results in is a police department that is of very limited independence. This is a concern that the Military Police Complaints Commission has raised before in its submissions to the External Review of the Amendments to the National Defence Act.
And I truly and honestly believe that this lack of independence is what sank my complaint against P.S..
In 2020 the Military Police Complaints Commission revealed that the CFNIS had the CFSIU investigation paperwork and the July 18th, 1980 court martial transcripts in their possession which indicated that P.S. was known to the base military police, the CFSIU, and the Judge Advocate General as having sexually abused numerous children on Canadian Forces Base Namao. It was this abuse that lead to the investigation of Captain McRae and the discovery that Captain McRae had been luring children over to the base chapel and giving them alcohol prior to “fooling around with them”. In this paperwork was also McRae’s admission to his ecclesiastical trial that he had been sexually abusing children for years. So this covers his postings at CFB Kingston, CFB Portage La Prairie, CFS Holberg, and of course CFB Namao.
According to the MPCC in 2020 the CFNIS were aware that P.S. was arrested and convicted for molesting a young child in a town just north of CFB Petawawa in 1982, that P.S. was arrested and convicted for molesting a young boy in Manitoba in 1984, that P.S. was arrested and convicted for molesting a 9 year old boy on CFB Edmonton in 1985 when his family had been returned there, and that P.S. was arrested and convicted for molesting a young teen just after he had been kicked out of the military family housing on CFB Edmonton.
I have absolutely no doubt that it was a chain of command decision to not allow the CFNIS to bring charges against P.S.. And this wasn’t to protect P.S. so much as it was to protect the Canadian Armed Forces and the Department of National Defence from humiliation.
As the MPCC have said in their submissions to the External Review, investigators with the CFNIS won’t even know that the chain of command has interfered with their investigation if the interference occurs high enough up the chain of command.
How do I think the Chain of Command interfered with the CFNIS investigation into my complaint against P.S.?
When the CFNIS took my complaint away from the EPS in March of 2011 I have no doubt that when they entered the name of P____ S________ into the SAMPIS database an alert came up instructing the CFNIS to refer this matter to the Provost Marshal or to the office of the Judge Advocate General for instruction.
Angus McRae was still alive at the commencement of the investigation. Angus McRae didn’t die until May 20th, 2011. This posed a very serious problem for the CFNIS. Due to the 3-year-time-bar as well as the Summary Investigation flaws that existed in the pre-1998 National Defence Act, charges could never be brought against Angus McRae no matter what the investigation uncovered while P.S. could be charged. The 3-year-time-bar and the Summary Investigation Flaw applied to service offences. Service offences included but were not limited to “Gross Indecency, Indecent Assault, Buggery, Sexual Intercourse with Female under 14, Sexual Intercourse with Female 14 to 16, Sexual Intercourse with stepdaughter or ward, Incest”
When I was interviewed by Mcpl. Hancock on March 31st, 2011 he kept asking me if there was anything else that I wanted to talk about, anything at all. As the MPCC said, the CFNIS had the CFSIU paperwork and the Court Martial transcripts in their possession during the investigation. I have no doubt that Hancock was instructed to “go fish” and see if he could find out what I knew or remembered about the Captain McRae court martial.
On May 3rd, 2011 Mcpl Cyr contacted me and tried relentlessly to get me to believe that P.S. was only 12 or 13 years old when he had been caught buggering me in the spring of 1980. The CFNIS knew exactly how old P.S. was as they had access to the CFSIU investigation paperwork and the July 18th, 1980 Court Martial transcripts. P.S. was born on June 20th, 1965. He was 14 years old in the spring of 1980 when he was caught buggering me. He was old enough under the Juvenile Delinquents Act to be charged with Gross Indecency, Indecent Assault, and Buggery. By insisting to me that P.S. was only 12 or 13 the CFNIS were trying to get me to believe that there was no way to legally bring charges against P.S..
On May 3rd, 2011 Mcpl Cyr also let slip about Captain McRae. If the CFNIS didn’t have the CFSIU paperwork or the July 18 1980 Court Martial transcripts already in their possession, how would Mcpl Cyr have known about a then 30 year ols court martial? I told Cyr about the 5 visits, what we’d do when P.S. took me over to see McRae, and that I have no recollection after P.S. and McRae would give me a tumbler of “sickly sweet grape juice”. I’d learn in 2020 that the military police and the CFSIU knew in 1980 that McRae was taking children to the rectory at the chapel and giving them alcohol.
On May 4th, 2011 Mcpl Cyr contacted me and told me the chapel never had a rectory, that the chapel that I indicated to him in a “google snapshot” of the base was a different chapel from when I lived on the base, that when I lived on the base the chapel was in a completely different place and that the padre lived off base.. Why was he so intent on proving that there was no connection between myself, P.S., and Captain McRae.
I would find out in 2013 that the CFNIS had scrubbed any and all mentions of Captain Father Angus McRae from the investigation paperwork.
There’s my father’s dubious statement given to the CFNIS which excludes any mention of the fact that my grandmother was living in our PMQ and was actively raising my brother and I. The CFNIS needed to ensure that P.S. could not be linked to my brother and I in a position of authority, such as having been our babysitter. If it had been established that P.S. had been acting in a position of authority over my brother and I and that P.S. sis in fact use this authority to abuse my brother and I this would have posed problems for him. Did my father give the statement he gave to cover his own ass, or did he give the statement he gave because he had been coerced? Forgetting about grandma is a pretty significant faux-pas.
Why would the Chain of Command interfere with the CFNIS investigation of KNOWN serial child sexual abusers (McRae and P.S.)?
My guess would be to avoid public humiliation, public scrutiny, and financial risk.
To this day the Canadian public and the Canadian media are oblivious for the most part to the fact that children lived on the various Canadian Forces Bases in Canada. These children were sometimes sexually abused by members of the Canadian Armed Forces. Due to transfers, and flaws in the National Defence Act, bringing charges would often prove very hard to do.
In the matter of Canadian Armed Forces officer Captain Father Angus McRae, captain McRae was known by the Canadian Armed Forces to have molested well over 25 children on Canadian Forces Base Namao. The Canadian Armed Forces are also aware that during the court martial of Captain McRae in July of 1980 evidence was admitted that indicated that Captain McRae had sexually abused children for years.
During the Captain McRae court martial McRae’s defence counsel tried to use P.S.’s habit of sexually abusing children, as well as his recent psychiatric treatments to help him deal with his predisposition to sexually abuse children, as a means to discredit his testimony against Captain McRae.
For just about 40 years now the Canadian Forces have been able to keep this matter firmly under the rug. And the Canadian Forces are happy and content to keep it there.
I know of two persons who have committed suicide as a result of the CFB Namao child sexual abuse scandal.
I know of two persons who have attempted suicide as a result of the CFB Namao child sexual abuse scandal.
I know of others who have carried the scars of that abuse into their adult lives.
I am certain that I was not the only male child from Canadian Forces Base Namao to receive military “conversion therapy” as a result of the “homosexuality” that I had exhibited as a result of my abuse at the hands of P.S. and Captain McRae.
Also, I have absolutely no doubt that the Minister of National Defence, the Department of National Defence, and the Canadian Armed Forces do not want the Canadian public to discover that historical sexual crimes against children cannot be prosecuted against former service members due to the 3-year-time-bar and the Summary Investigation flaws that existed prior to 1998.
But I think the most significant reason as to why the CFNIS was instructed to run such a laughable investigation into my complaint against P.S. was that the Office of the Minister of National Defence wanted to avoid civil liability for the actions of their members on secure defence establishments for which the Canadian Forces owed a duty of security to those persons living on secured defence establishments.
If the CFNIS had been allowed to bring charges against P.S., how many of the other 25 children that P.S. and Captain McRae molested would have been allowed to bring civil actions against the Crown for damages for the abuse that occurred on a secure defence establishment in a building owned by the Canadian Forces which was orchestrated by an active officer of the Canadian Armed Forces regular forces?
I’m happy that the Minister of National Defence has moved all sexual assault investigations out into the civilian police. But not even the civilian police will be able to overcome the 3-year-time-bar or the Summary Investigation flaw.
And the civilian police will still run into the problem of trying to access the service records of members of the Canadian Forces who are under investigation for sexual assaults.
But yeah, there never was any independence of the Provost Marshal from the Chain of Command. Anyone who believed that the military police, the CFNIS, or the Provost Marshal from free from Chain of Command influence needs to come back to the world of reality.
I can’t go on with P.S., Captain McRae, Captain Totzke, my father, my social workers, other men who sexually abused me, and the never ending flashbacks of the abuse on Canadian Forces Base Namao bouncing around in my skull and popping up when least expected.
This will probably be a very polarizing blog post to write.
Feel free to read it, but please understand that it is I who have lived through this, and not you.
In October of 1980 I was found to be in between despair and depression with an unhealthy does of extreme anxiety.
By the summer of 1981 I was found to be so emotionally disturbed that I was supposed to have been institutionalized.
In the spring of 1982 my father signed the paperwork placing me into the Alberta foster care system. I don’t think that Richard really understood what he had signed. But this paperwork was the first step apparently required for me to be placed into the Westfield program for emotionally disturbed children.
My case workers with Alberta Social Services along with my child care workers in the Westfield program were beginning to realize that there were substantial problems with my father and that I needed to be removed from his care and placed into foster care or residential care if there was any hope of me recovering.
I still don’t know if my civilian social workers knew all of the details from 1978 to 1980.
It was apparent that Captain Terry Totzke had his own agenda, and that agenda didn’t gel with the agenda of my civilian social workers.
As I was a military dependent living on a Department of National Defence military base and as I was in the care of Canadian Forces military social worker Captain Terry Totzke, Alberta social services needed to inform Captain Totzke of my pending apprehension.
Within days of this notification my father received an out of the blue “Hail Mary” posting to Ontario.
It was indicated to my civilian case workers by either my father or Captain Totzke that I would be placed in the Sick Kids hospital in Toronto for psychiatric care. I never was. An ATI request with Sick Kids in Toronto showed that they had never heard of me and had absolutely no paperwork related to me.
My father placed my brother and I into the same public school. The school board ended up sending my brother to a different school due to intense sibling rivalry.
So, as of this writing it’s been 41 years since the abuse ended on Canadian Forces Base Namao that ended up driving me into the depths of mental illness.
To be clear the abuse I endured at the hands of P.S. wasn’t the only bad thing going on in my life at the time. But it was probably the most substantial. P.S. was a young teenager at the time. He obviously had no impulse control. Captain McRae was smart. Captain McRae gave us alcohol to drink to mask the sexual abuse he was inflicting upon us. P.S. wasn’t that smart or well thought out. P.S. thought that physical beatings were enough to get us to remain quiet. It obviously didn’t work as one of the kids that P.S. was abusing must have told their parents. As the Military Police Complaints Commission stated in the 2020 report, it was obvious that the base military police on CFB Namao were well aware of what P.S. was doing with younger children, and it’s these assaults that ultimately brought Captain McRae to the attention of the Canadian Forces Special Investigations Unit.
In addition to the abuse I endured at the hands of P.S. and Captain McRae, I had to frequently watch while P.S. abused my younger brother. P.S. was our babysitter. He had access to my brother and I at the same time. Uncle Doug’s sleeping cot in the basement was the usual place the abuse would occur. P.S. would also abuse kids over at the base swimming pool.
Sure, I could have told a responsible adult…… if there was one around.
My grandmother was an alcoholic with anger issues from her days spent in Indian residential school. She lived by the maxims of “Children only speak when spoken to” and “Children are better seen than heard”
My father had his own issues stemming from the HMCS Kootenay gear box explosion on October 23rd, 1969. His mother was not the best parent. So Richard had his own demons. Alcoholism and an uncontrollable rage. Richard was not home often, hence why grandma was living in the PMQ and raising my brother and I.
As indicated by the Alberta Social Service records, my father would not take responsibility for his own family. Therefore the abuse that my brother and I endured at the hands of P.S. was not Richard’s responsibility due to his frequent absences from the home, nope, the abuse was my fault. By assigning responsibility for the abuse to someone else, he was making it known that he wasn’t responsible, it was the fault of somebody else.
So yeah, 41 years of dealing with untreated depression and anxiety and a plethora of other issues foisted upon me by persons in the employ of the Canadian Armed Forces has caused me some pretty significant issues.
I was tested in 1980 and found to have an IQ of 136 +/6 on the Wechler Intelligence Scale for Children.
I don’t know what I would score on an actual IQ test these days, but I know that I have some remnants of that score with me to this day.
My problem solving abilities are obviously a benefit to any employer.
My frequent and unpredictable bouts of crushing depression obviously aren’t a benefit to any employer.
As a kid I was taught by both my father and by Captain Terry Totzke to not say anything to counsellors.
Both my father and Captain Terry Totzke were blaming me for what had occur on Canadian Forces Base Namao.
I was taught by my father that I was just making these things up in my head and that I was only acting out to get attention.
It wasn’t until 2011 when I received my hospital records and social service records from across Canada that I realized for the first time just how bad off I had been.
The unfortunate thing is that trying to receive counselling on the level that I would require is almost impossible. Most psychiatrists and psychologists are not covered by any provincial medical plan. Then there’s the fact that the unique environment that I grew up in is beyond the comprehension of most civilian counsellors, psychiatrists and psychologists .
And even as my current physician said, I may be far too jaded and will see right through anyone who tries to help me.
Untreated mental illness has a downside…………….
An unsavoury topic
Back in 2011 when I first started dealing with the Canadian Forces National Investigation Service in order to try to obtain justice for what had happened on CFB Namao from 1978 until 1980 I started a blog on the Google Blogger service.
That blog ended up becoming this blog.
One of the topics that I have steered well clear of is the topic of suicide.
I’ve had my ideations in the past.
I still get ideations to this day.
However, rest assured dear reader that I’m fairly certain that I will never act upon them.
it’s not that I value my life.
It’s just that I don’t relish the idea of more pain and suffering no matter how brief that might be.
If I’m trying to end my pain so why do I want more just before the end?
Shouldn’t my escape be peaceful?
And I’ve never relished the idea of foisting my corpse on the unsuspecting schmuck that finds the results of my suicide.
It’s honestly not pleasant leaving an unrefrigerated and unembalmed body out for others to discover.
That doesn’t mean that I still don’t want to die.
It’s just that a while ago I decided to go a different route.
Maid is not someone that comes and cleans your house.
M.A.i.D. in this sense is Medical Assistance in Dying.
A few Northern European countries have had some fairly liberal laws in regards to M.A.i.D. since the early 2000s.
The basic idea is that a person’s life belongs to that person alone and to no one else.
It’s not up to the state or the followers of some imaginary friends in the sky to determine when a person’s time has come.
Now, that’s not to say that anyone who wants to end their life will obtain M.A.i.D.. There are some fairly rigorous protocols in place to ensure that a person wishing to die, especially if they are not terminally ill with a life ending illness, is aware of what they are doing and that once initiated there is no coming back.
That said, countries such as Belgium and the Netherlands readily accept mental illness as a valid reason for M.A.i.D.
I’m an atheist..
With 7 billion people on the face of the Earth, life really isn’t that much of a miracle.
And the number of people killed in traffic collisions by impatient car drivers shows that individual life really isn’t valued all that much when you look at the rather paltry sentences and fines handed out to car drivers who kill innocent people.
The number of children that die every day from war, starvation, neglect, or from easily prevented diseases shows that human life really isn’t all that valued or unique.
And when you look at our place in the time line of the ever expanding universe, we’re nothing.
The Milky Way is 13.5 billion years old.
The Earth is about 4.5 billion years old.
The Sun will start becoming brighter over the next 1.3 billion years to the point that life will die on this planet.
In about 5 billion years the Sun will have expanded to the point of enveloping and vaporizing the Earth.
The universe will keep on expanding for billions of years after the Andromeda galaxy crashes into the Milky Way.
In the overall grand scheme of things, we don’t matter.
There is no afterlife.
There is no heaven and there is no hell.
There is no gold medal for living the longest.
And when a person struggles with mental illness and derives little pleasure out of life, maybe it’s time that they be allowed to go to sleep.
Yes, I understand that it probably is perplexing to a lot of people as to why I would like to die.
I can’t go on with P.S., Captain McRae, Captain Totzke, my father, my social workers, other men who sexually abused me, and the never ending flashbacks of the abuse on Canadian Forces Base Namao bouncing around in my skull and popping up when least expected.
These flashbacks got tiring quite some time ago.
Yes, death may seem like a high price to pay to make the depression, the anxiety, and the flashbacks stop.
But death is a bargain price to pay when compared to me spending the next twenty years of my life with all of that rubbish floating around in my head.
The time for treatment and therapy was just after the abuse on CFB Namao, not when I’m about to turn 50.
I used to cry frequently up until around the time I tried to deal with P.S. in 2011.
After having dealt with the defective military “justice system” I couldn’t cry anymore.
I’ve just become so numb on the inside that I can’t cry anymore.
M.A.i.D. in Canada
In 2021 the Government of Canada introduced legislation to make amendments to the Criminal Code of Canada to allow for persons experiencing pain, but who are not near the anticipated end of their lives, to request Medical Assistance in Dying.
Up to this point in time you pretty well had to be knocking on death’s door before any physician would be allowed to provide a patient with the drugs required for death.
The Senate notified Parliament that to not allow persons suffering from mental illness to request M.A.i.D. would be discrimination and urged Parliament to pass the required legislation to allow for M.A.i.D. for mental illness. Parliament indicated to the Senate that it required more time to write these amendments.
The Senate requested that Parliament pass the required amendment within 18 months. Parliament indicated that it would have new legislation addressing M.A.i.D. for purely issues of mental illness within 24 months.
In 2023 it is expected that M.A.i.D. for mental illness will become legal in Canada.
What this will look like is anyone’s guess.
I have my fears that the legislation introduced will end up looking like a bastard child resulting from a Rube Goldberg machine mating with Jospeh Heller’s novel “Catch-22”.
What I would like to see for requirements for approval are just some basic checks.
Is the person requesting death lucid?
Is this person making this request on their own?
Is there the slightest evidence that this person is being goaded or coerced into requesting M.A.i.D. by others?
Has the person been diagnosed with a mental illness?
Does this mental illness interfere with the enjoyment of life?
Does this person understand that by ingesting the provided drugs that they will die?
And in the end M.A.i.D. for metal illness may be far too difficult to obtain in Canada.
Even though M.A.i.D. for mental illness hasn’t been approved in Canada I have already asked my physician to start the process to find out how I would go about requesting M.A.i.D. after the legislation is passed in 2023.
The nice thing is my physician didn’t question or second guess my request. He said that I did seem to be quite rational in my request and the reasoning for my request. So he agreed to start getting me in contact with the required people.
So, we’ll have to wait and see what my future awaits.
One thing that could complicate matters and make obtaining M.A.i.D. difficult is that M.A.i.D. legislation does not force doctors to participate in M.A.i.D.
This means that I could pass the tests, but so far as finding a physician willing to either mix the oral solution or insert the IV into my vein may prove difficult. I would imagine that there are doctors that will equate M.A.i.D. with murder and will refuse to participate. Then there’s also the fat that the physician would have to be present while my death occurs in order to pronounce me dead and to officially record the time and cause of my death.
The two different methods of M.A.i.D.
The oral method
Currently there is the oral method in which the patient drinks a lethal dosage of barbiturates which will put the patient into a coma after anywhere from 2 to 12 minutes after ingestion. Respiration can take up to 120 minutes to cease. There is the very rare chance that the patient will come out of the coma and will require an IV injection to complete the death.
I would much prefer the IV method.
The IV method
In the IV method an IV line is administered to the patient. This line is connected to a set of IV dosing pumps. Much like in the oral method, it is the patient, not the attending physician, that initiates the death process. Once the patient is ready, the patient starts the pumps with the push of a button.
There are two methods of IV euthanasia. One uses two drugs and one uses three drugs.
The dual drug method uses a drug that will induce an immediate coma. This drug is administered at far greater doses in euthanasia than it is in medical treatments. This drug surprises the level of consciousness to barely detectable. One this drug has been fully administered a second drug is introduced into the patient. This drug paralyzes the striated muscles. It stops your breathing and eventually it stop your heart.
The three drug method is the same as the dual drug method, except prior to the coma inducing drug, a sedative is administered. This apparently allows for a more peaceful and gradual decent into death as opposed to the abruptness of just the coma inducing drug on its own.
If given the choice I’d gladly take the IV method over the oral method.
At this point in time the only two jurisdictions in the world that allow for M.A.i.D. for mental issues are Belgium and the Netherlands. Both countries do allow for “tourists” to undergo a M.A.i.D. procedure.
I haven’t looked into what is required to travel to Belgium or the Netherlands as I know that this is cost prohibitive. However, with a recent civil action being initiated on my behalf, I have asked that if at a later date I am still requesting to die, the the DND and the CF pay for the travel expenses and accommodations.
The reason that I want DND and the CF to pay for the travel and accommodation expenses is why should I have to pay to die out of my own settlement?
I don’t know. That’s a good question.
So far it looks as if it will occur after 2023
I have two civil actions that are slowly proceeding through lawyers.
One matter is probably 25% to 30% completed.
The next matter has just recently commenced and is probably at the 1% to 2% mark.
I know it sounds silly, but I would like to have all of this wrapped up before I go.
If there are settlements in either case, I figure that it would be nice to somewhat enjoy them.
But I have to be truthful and rational, no matter what the settlements are, they’re not going to evict the tenants in my head.
I definitely don’t want to carry this rubbish into my 60s.
I’ll be 60 on 2031.
Not making any promises, but I would like to go closer to 2023 than 2031.
It’ll probably take a year or two after that to pass the required tests to show that I am competent to request my own death.
In 2026 I’ll be 55 and that’s the earliest that I can retire.
Guess we’ll just have to sit back and see.
But when a date is chosen, you’ll be posted.
I don’t intend to pass away silently.
The oddest thing.
I began making my plans for assisted dying back around 2016.
These plans involved heading over to Europe.
I didn’t really put much effort into it though as the cost was truly prohibitive.
However, my determination to seek assistance in dying became much stronger when the Military Police Complaints Commission released their final report in 2020 and indicated that the military police in 1980 knew the full extent of what Captain McRae had been doing on Canadian Forces Base Namao, and that it was the involvement of P.S. with younger children living on the base that led to the investigation of Captain McRae in the first place.
And to be clear, it wasn’t the report that increased my desire for M.A.i.D.
It was finally being able to see in black and white that I had been telling the truth.
No, P.S. hasn’t been officially implicated in abusing me and my brother.
And yes, I’m still technically on the hook for letting P.S. abuse my brother.
No, I don’t think that we’ll ever know what happened to me at the hands of Captain McRae in the rectory of the base chapel during the visits in which P.S. would take me over and give me alcohol.
But I’m one step closer to being absolved for the actions of P.S., Captain McRae, Captain Terry Totzke, MCpl Richard Wayne Gill.
Once I had the final report in my hand, my determination to seek M.A.i.D. increased significantly.
The thought of dying through M.A.i.D. has actually brought me a certain serenity.
I now know that there will come a day when I no longer have to listen to the voices of P.S., Captain Totzke, my father, and the myriad of others with secrets to keep.
I can plan to finally sleep in peace and not wake up grinding my teeth into nothing.
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.
So, it turns out that Minister Sajjan not only refused to allow the Canadian Forces Ombudsman to investigate complaints against General Jonathan Vance, but Sajjan also started to avoid communication with the Office of the Ombudsman.
What is really disappointing about this whole sad affair is that it illustrates how much power is concentrated in the hands of the Minister of National Defence.
The Government of Canada often trumpets the “independence” of the Canadian Forces Ombudsman, however it’s becoming readily apparent that the Ombudsman is under the direct control of the Minister of National Defence.
The Ombudsman may be independent of the chain of command and the management within the Canadian Armed Forces and the Department of National Defence, but they are firmly on the leash of the Minister of National Defence.
The Ombudsman acts solely on the Minister’s behalf and reports directly to and is accountable to the Minister of National Defence.
This is the same Minister of National Defence that seems to have an intense desire to hide and bury any type of sexual misconduct within the Canadian Forces. As I said in a previous posting, we’re very lucky that Sajjan wasn’t the Minister of National Defence when Stephanie Raymonde went public with her matter in 2014. I don’t think that Sajjan would have acknowledged the matter nor would Sajjan have called for an Independent Review as was conducted by Madame Marie Deschamps.
How are investigations by the Canadian Forces Ombudsman commenced?
According to Section 4(a), the Minister of National Defence can give a written directive to the Canadian Forces Ombudsman. This would be similar to when the former cadets from the grenade incident at Canadian Forces Base Valcartier asked former conservative Minister of National Defence Rob Nicholson to look at their issue even though the Canadian Forces and the Department of National Defence had no legal obligation to these former cadets.
According to Section 4(b), the Ombudsman can undertake an investigation AFTER informing the Minister of National Defence of their intention to do so. And as we’ve heard recently, Minister Sajjan would not allow the former Canadian Forces Ombudsman to look into allegation made against former Chief of Defence Staff General Jonathan Vance. Minister Sajjan would also not authorize the Canadian Forces Ombudsman to review the matters surrounding the 1980 court martial of Canadian Forces officer and serial child molester Captain Father Angus McRae.
What are the difference between Nicholson and Sajjan?
Nicholson was a lawyer before he entered politics. Nicholson had absolutely no connection to the Canadian Armed Forces and therefore in the matter of the grenade incident Nicholson would have been more inclined to do what was right as opposed to lifting the corner of the carpet and sweeping things under.
Sajjan on the other hand has been involved with the Canadian Forces since back in the early ’90s. He was also a member of the Vancouver Police Department. The VPD were the police department that allowed the Pickton murders to occur due to their absolute lack of concern for the women who were going missing from the downtown east side. I was a victim of a mugging in ’95. The VPD officer that was investigating the matter was sure that I was to blame as I must have been trying to pick a guy up. It’s not far fetched to say that police in general have a very wary eye towards “victims” and treat them as part of the problem.
Sajjan was also a member of the Canadian Forces reserves and did numerous tours overseas in the ’90s and ’00s. He’s a military man through and through. And if there’s one thing that Sajjan is not going to do is he’s not going to shit in the bed that he sleeps in. Men like Sajjan are the reason why the military justice system progressively went off the rails right from the work go back in the ’50s when Canada had it’s first National Defence Act which allowed for the military police and the CFSIU to look after criminal matter “in-house”. It took the murder and subsequent cover up of Shidone Arone in Somalia to expose just how corrupt the military justice system was. It wasn’t that the military justice system was inherently evil. It’s that the military justice system was being administered by men who (a) didn’t want to rock the boat, (b) didn’t want to be the one to piss on the Canadian Forces, and (c) didn’t want questions asked about their leadership abilities.
“That Lonely Section Of Hell” is a book by former VPD detective Lori Shenher. In this book she describes the toxic environment that existed within the Vancouver Police Department during the 1990s and into the 2000’s.
“The Somalia Experience in Strategic Perspective : Implications for the Military in a Free and Democratic Society” and “Independence in the Prosecution of Offences in the Canadian Forces : Military Policing and Prosecutorial Discretion” are two books that are required reading if one wishes to understand just how dysfunctional the military justice system was during the lead up to the Somalia fiasco.
So, who can avail themselves to the Canadian Forces Ombudsman?
Under section 12 (f), I have the right to make a complaint to the Canadian Forces Ombudsman. My father was a member of the Regular force at the time of the Captain McRae child sexual abuse fiasco on CFB Namao. We lived in housing on a Defence Establishment which at the time of the fiasco was directly owned and administered by the Department of National Defence. Access to this Defence Establishment was controlled and limited to persons subject to the Code of Service Discipline or their guests. Captain Father Angus McRae was a member of the Regular Force and was also residing on the Defence Establishment in housing provided to him by the Canadian Forces. Security and policing services were also provided by persons subject to the Code of Service Discipline. And finally the prosecution of Captain McRae was also conducted by persons subject to the Code of Service Discipline.
Of course, there are limitations to what the Ombudsman can investigate:
Section 14 (a), section 14(b), and section 14(e) would all seem to indicate that the Ombudsman could not investigate what occurred on Canadian Forces Base Namao between May12th, 1980 and July 18th, 1980.
However, I haven’t asked the Ombudsman to redo the investigation of Captain Father Angus McRae that commenced on May 12th 1980 at the request of base security officer Captain David Pilling. Nor have I asked the Ombudsman to reopen the court martial of Captain Father Angus McRae.
We know that the Canadian Forces knew that Captain McRae was molesting numerous children on the base at the rectory and that he was using alcohol to do so. We also know that Captain McRae abused and groomed his altar boy P.S. and was using P.S. to bring younger children over to the chapel for McRae to abuse.
What I have asked the Canadian Forces Ombudsman to investigate is how the decision to prosecute Captain Father Angus McRae for “acts of homosexuality” may have negatively affected the lives of his victims. I know this fixation on “homosexuality” is why I spent 1-1/2 years receiving “conversion therapy” at the hands of the Canadian Forces social worker that I was placed under the care of when I was 9 years old. I also asked the Canadian Forces Ombudsman to look at how the sweeping of the victims under the rug would have also affected the lives of the victims. None of these asks would have run afoul of 14(a) and 14(b).
14(e) isn’t a signifiant issue to overcome either. In 2010 Minister of National Defence Rob Nicholson asked the CF Ombudsman to review the 1974 CFB Valcartier Grenade incident even though the event occurred 24 years before the date specified in 14(e) and legally the Canadian Armed Forces was not responsible for these children on a Defence Establishment.
So, why doesn’t Harjit Sajjan want the Canadian Forces Ombudsman to review the 1980 investigation and court martial of Canadian Armed Forces officer Captain Father Angus McRae?
I think that Sajjan doesn’t want the Canadian public to discover that children living on Canadian Forces bases were not safe from child predators wearing the uniform of the Canadian Forces. I also think that Sajjan doesn’t want the Canadian public to discover just how truly horrifically flawed and out of control the military justice system was. Sajjan more than likely doesn’t want the Canadian public to know that male children living on the bases who were sexually abused by members of the Canadian Forces were considered to be “homosexual” and were given counselling by the military. Sajjan probably also doesn’t want the Canadian public to find out that some people committed suicide due to the way the military handled this matter. And more importantly, Sajjan doesn’t want other childhood victims coming forward with their tales of abuse at the hands of Canadian Forces personnel on the various different bases in Canada.
Right now, the Canadian Armed Forces and the Department of National Defence have been able to keep a very tight lid on this. However, if the Ombudsman conducts one publicized investigation, I have no doubt that this will lead to far many more complaints. And more complaints leads to civil actions. And this will not do.
Think back to the matter of Donald Jospeh Sullivan who in late 2019 was convicted and sentenced to court for molesting boys in the Ottawa area in the 1970s when he was involved with Scouts Canada. Donald was under investigation by the Ottawa Police Service in the ’70s after the OPS started to receive complaints. Donald disappeared. The OPS couldn’t find him. Turns out that Donald Joseph Sullivan had enlisted into the Canadian Armed Forces. That’s how low the bar was for the Canadian Armed Forces. The Canadian Armed Forces were hiring people that were the subject of police investigations. Sure, the Canadian Armed Forces more than likely had no idea that they were hiring a child molester. But still, there obviously wasn’t that deep of a back ground check performed. How many other men slipped into the military like Sullivan only to find themselves with easy access to children. Children that moved from base to base frequently. Children that weren’t likely to say anything least they be seen as liars or troublemakers.
Child sexual abuse in th Canadian Armed Forces is a matter that the Canadian Forces Ombudsman should be able to investigate.
The fact that Sajjan won’t allow the Ombudsman to do so speaks volumes about what is already known in the halls of 101 Colonel By Drive.
Back in November of 2020, the Military Police Complaints Commission released their final report of their review of the 2015 through 2018 portion of CFNIS investigation GO 2011-5754.
Although it was just a review, and although the review had to be conducted as per rules that the Canadian Armed Forces shaped, the MPCC did find that the Canadian Forces Provost Marshal did err when it relied upon the decision of the Alberta Crown as meaning that no crime had been committed. The Crown had opined that there was insufficient evidence to lay charges. The Crown made no determination on the guilt or innocence or P.S..
The MPCC was of the opinion that there was ample evidence to indicate that a crime had been committed.
Generally, the Crown has a very high bar for determining whether or not to pursue charges in court. This is because the accused stands to lose their personal freedom and suffer penalties and sanctions administered by the courts.
However, just because this bar is set high doesn’t mean that the accused is innocent.
And that was one of the findings of the Military Police Complaints Commission.
There had been crimes committed.
But, for some reason when dealing with the outside civilian agency the CFNIS had chosen to use the opinion of the Alberta Crown and not its own opinion in determining if a crime had been committed.
I think this refusal to go on record and state that crimes had occurred comes down to not wanting to expose the Minister of National Defence to civil actions and the resultant public humiliation that the Canadian Forces knew that over 25 children had been sexually abused on a secure defence establishment by an officer of the Regular Forces and instead in 1980 set about to sweep everything under the rug and hide it from the public eye by a very questionable publication ban.
The MPCC recommended that the Provost Marshal supply more documentation from the investigation to the outside civilian agency that was reviewing this matter on my behalf.
Upon receipt of these documents, the outside civilian review agency concluded that I had in fact been the victim of multiple sexual assaults by multiple perpetrators and that these assaults had in fact caused psychological issues as indicated by my Alberta social service Foster Care records. These were the records that were submitted to the CFNIS in August of 2011, but which the CFNIS completely ignored for the most part as they directly conflicted with the statement that my father had given (coerced, coached, or otherwise) to the CFNIS in June of 2011.
Relying on the opinion of the Provincial Crown is apparently nothing new for the Canadian Forces military police.
A former crown prosecutor from New Brunswick who had declined to recommend charges against 5 soldiers from CFB Gagetown who had raped a mentally challenged spouse of a service member remarked that the military police did this as a way of shifting the blame to the Crown for the failure to prosecute.
Why did the CFNIS and the Provost Marshal rely so heavily upon the Alberta Crown report? Was this due to a desire for a “softball” investigation that wouldn’t break any agreement between P.S. and the Minister of National Defence?
That’s beyond the scope of the MPCC. The MPCC cannot, by its enabling legislation, review interference complaints unless the complaints are made by CFNIS investigators directly involved with a particular investigation. As the MPCC indicated in its own submission to the “2nd Independent Review of Amendments Made to the National Defence Act” which was published in 2011, the CFNIS investigators may not even be aware that interference has occurred in their investigation if that interference happens high enough up the chain of command.
And is a superior really interfering with an investigation if they are issuing “lawful commands” that their subordinates are legally bound by the National Defence Act to obey?
CFNIS investigators do not “own” their investigation. They cannot make their own decisions and their own determinations. Everything they do must be approved by the Chain of Command.
In the 2015 to 2018 portion of the CFNIS investigation into my complaint against P.S., even though the Crime Stoppers appeal had generated numerous other tips which resulted in other victims coming forward, the CFNIS chain of command made the decision that each complaint had to stand on its own and that none of the complaints would be used to strengthen the other complaints.
Someone involved with the CFNIS decided that there was far too much risk in presenting a strong case to the Alberta Crown.
In 2020, the CFNIS undertook the investigation into my complaint that P.S. had supplied me for sexual purposes to a man at the base swimming pool in the period of time between having been caught in the bedroom of P.S. and the subsequent house fire at the residence of P.S.. I had made mention of this man previously during the 2011-5754 investigation. Because of paperwork related to the 1980 investigation of Captain McRae released to me under the Access to Information legislation in 2019, I became aware of a very likely possibility of who this man was so I decided to make a formal complaint.
In January I was contacted by the CFNIS investigator handling my case. He said that he was making arrangements with the Vancouver Police Department for me to view police line-up photographs to see if I could identify the man that P.S. had supplied me to. Then suddenly a week ago this investigator contacted me and said that his superiors had decided to scrub the photographs and that they were working on other possible ways for me to identify this man.
I know for sure that the CFNIS are not simply going to pay Mr.P.S. a visit and ask him the name of the man. So I can only wonder how they intend for me to identify this man.
So again, it’s not the CFNIS investigator the runs the investigation, it’s the CFNIS chain of command and the Provost Marshal chain of command that run the investigations.
Under the National Defence Act, the Vice Chief of Defence Staff has the right to issue guidelines and instructions for any investigation undertaken by the CFNIS and that although these instructions are to be made public, these instructions do not have to be made public of the Provost Marshal decides against releasing them.
The Vice Chief of Defence Staff must obey the lawful commands of the Chief of Defence Staff.
The Chief of Defence Staff must obey the Minister of National Defence.
The office of the Minister of National Defence is civilly liable for the actions of any person subject to the Code of Service Discipline while that person is on a Defence Establishment.
This isn’t the first rodeo for the Canadian Armed Forces.
They have a massive legal department.
They also have the benefit of the Department of Justice.
The Canadian Forces have legislation on their side that says that they have very little if any responsibility for civilians injured on Defence Establishment.
About the only thing that would circumvent that implied immunity to civil action would be criminal charges connected directly to a person who was subject to the Code of Service Discipline.
In the case of P.S., that person was Captain Father Angus McRae. Under Canadian law at the time, McRae would have been fully responsible for the delinquency of P.S.
In the case of the man at the base swimming pool, I’m pretty sure that this man was a major in the Canadian Forces at the time. He went on to have his own legal problems involving sexual relations with underage persons.
If the Canadian Forces are unable to find a criminal connection between myself and P.S. or myself and the man at the base swimming pool, the odds on me ever being able to launch a successful civil action against the Minister of National Defence are slim to none.
Minister of National Defence -> Chief of Defence Staff -> Vice Chief of Defence Staff -> Provost Marshal -> Commander of the CFNIS -> Divisional Commander CFNIS -> CFNIS investigator.
In this post I will critique the Military Police Complaints Commission Final Report MPCC 2018-030.
This will be a somewhat long read, but it will be worth it.
I’m not going to critique each and every item in MPCC 2018-030. I’m just going to critique the items that I feel need to be critiqued or expanded upon.
On June 23rd, 2011 the Military Police Complaints Commission made the following submission to the Independant Review Authority that was charged with reviewing the 1998 Amendmentd to the National Defence Act:
One of the issues noted by the Military Police Complaints Commission itself is that civilians, such as myself, do not have access to internal Canadian Forces grievances mechanisms. This means that when a civilian such as myself wishes to make a complaint against a member of the Canadian Forces military police, unlike members of the Canadian Armed Forces, we receive absolutely no assistance from the Canadian Forces nor do we receive assistance from the Military Police Complaints Commission.
Civilians are on their own.
A brief step back to 2011
Because the Military Police Complaints Commission raises the spectre of the previous MPCC review (MPCC 2011-045) I will briefly speak to it.
During my initial complaint in 2011 I had absolutely no access to any of the investigation paperwork.
All I knew is that on November 4th, 2011 Petty Office Steve Morris contacted me via telephone and told me that the CFNIS could find absolutely no evidence that P.S. was capable of committing the crimes I accused him of.
P.S. was the same person that retired Warrant Officer Fred Cunningham told me about on November 27th, 2011 as having been investigated by the base military police for having inappropriate interactions with children on the base.
P.S., as I would later discover, had an extensive record for sexual crimes involving children. His attraction to children was in no doubt nurtured by the grooming P.S. received at the hands of Canadian Armed Forces officer Captain Father Angus McRae.
At no time during the initial MPCC investigation (MPCC 2011-045) was any of the CFNIS paperwork shared with me. As such this was literal blind attempt to try to figure out what went so off the rails with the original 2011 CFNIS investigation.
And even if I had tried to obtain the investigation paperwork, the paperwork would have been very heavily redacted. And that’s if the paperwork even shows up within the established time frame for making a complaint. In August of 2018 I filed and ATI request for the paperwork from the 2015 to 2018 portion of CFNIS 2011-5754. It took 20 months for DND to respond to my request and provide the paperwork. The paperwork that I received was redacted to the point of being useless.
It wasn’t until I received the Certified Tribunal Records from the MPCC when I made my application for Judicial Review that I learnt exactly what had transpired during the 2011 CFNIS investigation.
Basically it was my father’s statement to the CFNIS that allowed the CFNIS to write my complaint off as meaningless. My father’s statement fit the narrative that the CFNIS needed. This narrative was that my brother and I never had a babysitter. And that I was obviously only doing this because I wanted easy money.
The only problem with my father’s statement is that even though I had no idea that the CFNIS had contacted my father in June of 2011, I had supplied the CFNIS with a copy of my foster care records from the Alberta Government. The CFNIS ignored the contents of these records. The MPCC wasn’t able to consider these records as they had not been before the CFNIS. And because both agencies ignored these records and didn’t consider these records in their respective reviews, these records were not allowed to be introduced in Federal Court during my application for Judicial Review. My foster care records and other documents such as my father’s statement acknowledging that there was in fact a babysitter in our house were struck as being “new evidence”.
What did these records have to say? My father took no responsibility for his family. My father blamed the problems that my brother and I were having on his mother. My father had invited his mother into the house on base to raise my brother and after our mother had “abandoned us” at CFB Summerside. My father was frequently absent due to military requirements. That my father was so resistant to family counselling that I was to have been removed from the house and placed into foster care or residential care as a means to induce my father into the counselling that he so desperately required.
So why did my father spin such a fanciful and tall tale? Well, he’s been dead since January 2017 so we’ll never find out. But, my foster care records did observe that he often told people he perceived to be in positions of authority what he thought they wanted to hear. My foster care records also indicated that my father often changed his stories from one meeting to the next.
Basically, my father was a pathological liar who would say anything if he thought that it would make him look like the good guy.
How could a man like Richard ever publicly admit that he willingly put his children in a position to be sexually abused because he placed his military career above all else.
For my father to tell the CFNIS in 2011 that he had never heard about a babysitter when he spent every year from 1980 until 1987 when I moved out of the house, blaming me for allowing and encouraging the babysitter to touch my younger brother, was beyond belief.
And yes, when I examined my father for Federal Court in 2013, he admitted that he hadn’t been truthful with the CFNIS in 2011. He admitted that there had in fact been a babysitter in the house. But as usual he blamed his mother for hiring the babysitter. He also basically admitted that he kidnapped my brother and I in 1977 and that our mother hadn’t really abandoned the family.
So, why didn’t I raise these issues with the MPCC in 2012 when I was interviewed?
I had absolutely no idea of what was in the CFNIS investigation paperwork that the Provost Marshal had submitted to the Military Police Complaints Commission. This is by far the biggest flaw with the whole MPCC complaints process. A complainant such as myself is literally playing “pin the tail on the donkey” in a tilt-a-whirl with absolutely no assistance from anyone. No assistance from the MPCC. No assistance from the Provost Marshal. No assistance from the Canadian Forces ombudsman.
The evidence that I collected, it was all considered new evidence, even though most of it had been in the possession of the CFNIS during the original CFNIS investigation.
I can only wonder how the previous 2011 CFNIS investigation has poisoned the Alberta Crown to ever prosecuting P.S.. I can’t see the Alberta Crown coming out and admitting that they got hoodwinked by the CFNIS in 2011.
I know from the Certified Tribunal Records that I received as part of my application for Judicial Review in 2013 that the CFNIS fed the Alberta Crown a rather horrid plate of B.S..
During my interview with the CFNIS on March 31st, 2011 I told CFNIS investigator Robert Jon Hancock that I had twice tried reporting P.S. to the military police. Once in 1984, and once in 1990. For what ever reason, the CFNIS in 2011 made the decision to not pass this information on to the Alberta Crown. This resulted in Alberta Crown prosecutor Jon Werbicki making the follwoing observation which no doubt figured heavily in his decicision to not prosecute a multi-time convicted child molester.
My younger brother at the time would have been between four and six years of age when the babysitter, P.S. was abusing him. P.S. would have been between the ages of thirteen and fifteen when he was absuing my younger brother. That’s not “childhood curiosity and experimentation”. And is very obvious that Alberta Crown prosecutor Jon Werbicki is placing very heavy emphasis on “the fact that no complaint was made to any party or a person in authority after P.S. moved away is very significant.”
P.S. was born in June of 1965. He would have been 14 in June of 1979. He would have been just weeks shy of his 15th birthday when he was found buggering me in his bedroom. Under the Juvenile Delinquents Act P.S. would have been fully culpable for his crimes. Yes, it’s true that P.S. would have to be charged under the Juvenile Delinquents Act, but he’s already had a lifetime of prosecution for sexual offences involving children. It’s not like he’s going to do any jail time or face any serious consequences other than officially being found guilty.
I know that Chief Alberta Crown Prosecutor Orest Yeriniuk is extremely upset that I was allowed to see this document. I can only wonder if the Crown’s continued reluctance to prosecute P.S. is a function of retaliation.
I know from my complaint to the Alberta Criminal Injuries Review Board that the CFNIS heavily edited the documents that it submitted to the Alberta Crown in 2011. For example on Tuesday August 9th, 2011 P.S. called CFNIS investigator Mcpl Robert Jon Hancock and stated the following:
However, this is what was submitted to the Alberta Crown:
Notice something missing? As we shall see later on, P.S. did have extensive involvement with the military police for what had transpired on CFB Namao from August of 1978 until May of 1980. Why didn’t the CFNIS want the Alberta Crown to know this? It’s not like the Alberta Crown would have any access to military police records. Surely, if the CFNIS wanted to present a strong case, they would have submitted the military’s records relating to the activities of P.S. from August of 1978 until May of 1980.
And in a way, I can fully understand Orest Yeriniuk’s continued refusal to prosecute. Going against the original decision made by Werbicki in November of 2011 to not prosecute P.S. would be considered improper and a rebuke of Werbicki’s independence as a Crown Prosecutor. This is not something the Crown undertakes lightly.
Also, the Alberta Crown would essentially be admitting that it didn’t perform due diligence in this matter and had the wool pulled over their eyes by a police force with a very questionable record.
When I made my first complaint in March of 2011, the case was only 31 years old. Not 40.
I was a pre-pubescent child. My brother a was pre-pubescent child. P.S. was a young adult who had passed through puberty. Not the same category. None of the children that P.S. was abusing was sexually developed. P.S. was fully sexually matured.
Earl Ray Stevens – a 32 year old complaint.
In March of 2017 I made a complaint against Earl Ray Stevens. He was a commissionaire at the Denison Armouries when I was in cadets. He had also been a former member of the Canadian Armed Forces. He started sexually abusing me just after the summer of 1985. He took advantage of the fact that he knew my father was in the Canadian Forces and that the Commissionaires had special authority under the National Defence Act that placed them almost at the same level as military police. Basically the threats were that if I ever told anyone about what he was doing, that he’d tell my father. I’d be kicked out of cadets. But even worse than that, my father would find out that I had sex with men. This is not something that any male child living on a Canadian Forces Base at the time wanted anyone to know.
The CFNIS took the investigation as the abuses occured on Canadian Forces military property.
The case was initially investigated by the CFNIS in Borden, ON. CFNIS Borden then handed the case over to the Toronto Police Services. The Toronto Police Service laid six charges against Earl within weeks of taking the case on.
I had provided even less evidence to the CFNIS in the matter of Earl Ray Steven.
And the Ontario Crown was worried that as I was 14 when the abuse started that Earl’s defence lawyer would be able to argue that I had consented to willfully have sexual intercourse with a 42 year old man.
In 2018 I took part in the preliminary hearing. The hearing lasted two days. At the end of the hearing the justice overseeing the matter determined that there was more than sufficient evidence and the case was moved up to Superior Court for trial.
Unfortunately Earl died of bladder cancer before the trial.
But at least he was charged. And at least we were heading to trial.
Why the difference?
Earl worked for the Canadian Corp of Commissionaires. The Canadian Forces and the Department of National Defence cannot be sued for the actions of an employee of a subcontractor.
P.S. was abused by an employee of the Department of National Defence. P.S. was a juvenile at the time of his offences. The Juvenile Delinquents Act said that the adult who contributed to the delinquency of a minor could be held responsible. This means that just as P.S. sued the Minister of National Defence in 2001, anyone abused by P.S. would be eligible to sue the minister as well…. so long as their was a direct link established by the victim of P.S. and Captain Father Angus McRae. Without charges against P.S., there can be no link.
Limited disclosure to outside agencies
I can only wonder who it was that determined which information it was that was released to the Alberta Victim of Crimes board. You have to remember that in a CFNIS investigation, the CFNIS investigators can’t do anything without the expressed permission or instruction of the Chain of Command.
RCAF Station Namao ceased to exist in 1968 with the unification of the Forces. It was CFB Namao when we lived there. CFB Namao and CFB Griesbach formed CFB Edmonton.
I was 7 when the abuse started in the fall of 1978 and 8 when the abuse ended in the spring of 1980.
My younger brother would have been 4 when the abuse started and 6 when the abuse ended.
P.S. would have been 13 when the abuse started and weeks shy of his 15th birthday when the abuse ended in the spring of 1980.
Again, having not seen any of the paperwork from the 2011 CFNIS investigation I was not able to flag any of the obvious flaws with the 2011 CFNIS investigation.
As I stated previously, it was only after I had received the certified tribunal records from the Military Police Complaints Commission that I was able to finally see just how horrific and putrid the 2011 CFNIS investigation actually was.
Any evidence that I submitted in my records to the Federal Court to show that the CFNIS had really bungled the investigation was struck from the hearings as “New Evidence”. New evidence included documents that I had exchanged with the CFNIS in 2011, but which were never submitted to the MPCC during the MPCC 2011-045/054. New evidence was copies of emails between myself and the investigators which were not passed on to the MPCC during the review.
It was after RCMP Akrum Ghadban reviewed the 2011 CFNIS investigation as well as the new information that I had as a result of my telephone calls with both P.S. and his father J.S. that the decision was made to re-open the investigation.
There were four items that Insp Ghadban wanted the CFNIS to concentrate on. 1) Locating the younger brother of P.S. 2) Talking to a potential witness who had possibly seen the beating I took from the older kids when I left P.S.’s house after he was discovered buggering me in his bedroom. 3) Talking to Fred Cunningham 4) Locating records of my 1984 and 1990 complaints. Unlike what the CFNIS had claimed, Insp Ghadban said that he noted that I did in fact mention this to the CFNIS in 2011. And yes, I do have a copy of my video statement to the CFNIS and yes, I do mention these two events.
Locating the younger brother of P.S. was tricky. At first the S. family was claiming that the younger brother lived out on the West Coast and never contacted the family. One family member even suggested that the younger brother was deceased. As it turned out, the younger brother at the time was living in Welland Ontario, just a short distance away from where P.S. and his father J.S. were living in Fort Erie, Ontario. It turns out that the younger brother was actually in frequent contact with the rest of the S. family.
Locating the witness was easy, but sadly the witness was only around 11 at the time and can’t remember anything. He does remember P.S. though.
Fred Cunningham was easy enough for the CFNIS to locate. Even more stunning was the location of the CFSIU paperwork which contrary to what Lt. Col. Gilles Sansterre told me in January of 2011 indicated that Fred Cunningham was a very key player in the investigation of P.S. and Captain Father Angus McRae.
Fred Cunningham was such a key player that he was the primary witness for the prosecution during the court martial of Captain Father Angus McRae.
During the 2015 through 2018 portion of the CFNIS investigation, Sgt. Tenaschuk would often tell me that he was trying to locate any copies of the records from when I attended the military police shack on CFB Namao in 1984 and 1990 to make my complaints against P.S. but that the record keeping system from then left a lot to be desired. Sgt. Tenaschuk wouldn’t be the first person to find issue with the military’s historical record system. This was brought up in the ’90s during the Somalia hearings.
McRae is officially labeled as a pedophile.
As it turns out, in 1980 they knew that alcohol was being given to the children “hanging around” at his living quarters (the rectory at the chapel).
And yes, they knew what McRae was doing in the Rectory at the chapel:
It’s nice to finally see Captain McRae called out for what he was. It’s also nice to see that my recollection of P.S. taking me to the chapel is in the official records. I told the CFNIS about these five visits on May 3rd, 2011 when Mcpl Christian Cyr called me to ask me if I remembered anything about the base chaplain, Captain McRae, having been charged with molesting children. I sent Cyr some information that evening. I told Mcpl Cyr that I remembered 5 different visits to the rectory at the chapel. That these visits always ended with P.S. giving me a tumbler with a “sickly sweet grape juice”. I told Cyr that I didn’t remember anything after the grape juice, not even how I got home. I even sent Mcpl Cyr maps and descriptions of the rectory.
This however is not what was recorded in Mcpl Cyr’s occurrence report.
During the 2011 portion of the CFNIS investigation the CFNIS scrubbed any and all mention of Captain McRae from the investigation.
As this information does not show up in the records the Canadian Forces Provost Marshal submitted to the MPCC in 2012, the MPCC was completely unaware of this. The MPCC did not share any information with me during the MPCC review of 2011-5754 as they’re not required to. As such I wasn’t able to raise any concerns about the creative editing and the narrative provided by this creative editing. Because I couldn’t raise these issues during the MPCC review I was unable to enter these into Federal Court as they were now considered “new evidence”.
The more I think about it now, the more I realize that the CFNIS in 2011 knew about the connection between P.S. and Captain McRae. They knew about P.S.’s extensive criminal record for child molestation. And the CFNIS or the relevant chain of command must have concluded that I was just looking for a quick buck, that somehow I must have heard about the settlement between P.S. and the Minister and therefore I decided that I wanted some easy money.
Might explain why my father’s statement was so custom tailored to the wishes of the CFNIS even though his statement was easily proved wrong by the various social service records my family accumulated across Canada.
A brief trip to the Federal Court for Judicial Review.
In the written examination of my father he admits that there was a babysitter in the house and he can’t offer an explanation as to why he willingly told the CFNIS in 2011 that there wasn’t.
The lawyer representing the Attorney General of Canada went through the roof when I introduced the emails between myself and Master Corporal Christain Cyr as well as the written examinations of both my father and my brother.
It’s funny, but the justice that reviewed my matter was basically okay with striking my “new evidence” because it didn’t appear in the CFNIS investigation even though my documents showed that it had been presented to and made known to the CFNIS.
Sure, I know, I know…… “but Bobbie why didn’t you challenge the absurdity of this in the Supreme Court of Canada”.
Supreme court ain’t cheap. And I don’t have $100k plus kicking around to go tilting at windmills.
Sometimes you gotta take the bad judgments and just walk away.
This is one of the massive flaws with the courts in this country. The courts do not assist in the location of information that the courts themselves have access to.
It wasn’t until after this hearing that I was able to contact the Edmonton lawyer who represented P.S. in P.S. v. Minister of National Defence. The lawyer in a way confirmed the identity of P.S.. Or more succinctly I should state that this lawyer was unwilling to go on record and state that the P.S. in P.S. v. Minister of National Defence was NOT my babysitter P.S.
This lawyer also gave me a bit of advice. He said that I should think long and hard about going after DND. He said that given the chance, he’d never do this again. I think the point this lawyer was making is that DND and the Department of Justice have extremely deep pockets and can tie anyone up in court long enough that you’ll be happy to take any scrap of a settlement they’re willing to throw your way.
And I know there is some truth to this.
P.S. started his action in March of 2001. The Canadian Forces Director of Civil Liabilities and Claims made the offer to settle in November of 2008. That’s almost 7-1/2 years of court for a matter in which a member of the Canadian Armed Forces admitted to and plead guilty to molesting a military dependent on a military establishment. The liability couldn’t be more clear cut. Yet DND and the absurdly named “Department of Justice” spent 7-1/2 years trying to weasel out of compensating a victim.
In my July 2015 telephone call with P.S., he confirmed that P.S. v. Minister of National Defence was his civil action but that an NDA agreement prevents him from discussing the matter.
To date DND has stonewalled me for any information related to P.S. v Minister of National Defence.
It wasn’t until I got creative and submitted an Access to Information request to the Department of Justice for their records related to their defence of the Minister of National Defence in the matter of P.S. v. Minister of National Defence that I discovered that the Minister settled with P.S. in November of 2008.
But this is all information that is easily available to the courts. These are court records.
It really makes me sick to realize that the courts have all of this power, but willingly play stupid.
So far as liability goes. The Juvenile Delinquents Act is very clear in that the adult responsible for the delinquency is responsible for the consequences.
Yes, I could have appealed this to the Supreme Court, but with court costs and expenses estimated to be over $100,000.00 sometimes it better to just walk away.
P.S. v. Minister of National Defence confirmed.
Here the MPCC is stating something that the Federal Court of Canada was unwilling to state even though the Federal Court had easy access to these records:
Again, Mr. X is P.S.
McRae died three months after the start of the investigation into my complaint against P.S. McRae died 17 days after Mcpl Cyr asked me if I remembered anything about McRae.
You need to bear in mind that when the investigation plan was put into action that Angus McRae was still alive. This posed a very serious dilemma for the CFNIS. Depending on the outcome of their investigation into P.S. they might be able to charge P.S., but due to the fact that Angus McRae was subject to the Code of Service Discipline in 1980 no matter what crimes P.S. implicated McRae in the 3-year time bar would prevent the CFNIS from even charging Angus McRae.
The email that started it all.
The Edmonton Police Service didn’t refer me to anyone. The EPS contacted the Alberta Serious Incident Response Team. ASIRT in turn contacted the CFNIS. The CFNIS assumed jurisdiction.
My original message to the Edmonton Police Service:
Edmonton Police Service internal message:
Another internal Edmonton Police Service email:
ASIRT contacting the CFNIS:
Warrant Officer Blair Hart contacting Master Warrant Officer Terry Eisenmenger:
Master Warrant Officer Terry Eisenmenger stating CFNIS will take jurisdiction and even mentioning that in 1980 jurisdiction would have belinged to the RCMP.
So no, at no time did I contact the CFNIS on my own. If I had known in 2011 that this was going to investigated by the Canadian Forces I would have just walked away.
Remember, the CFNIS submitted such horrific evidence to the Alberta Crown that the Alberta Crown wondered if anything had happened at all outside of “childhood curiosity and experimentation”.
Also, the first communication I had from the CFNIS indicating that the investigation was over was on November 4th, 2011.
Petty Officer Morris’ words were that “the CFNIS could find no evidence to indicate that P.S. was capable of committing the crimes that I had accused him of” and that the investigation was going to be closed.
Again, bear in mind that during the 2012 MPCC investigation I was not shown any of the documentation that was supplied to the MPCC by the CFNIS and I was therefore unable to question some of the questionable decisions by the CFNIS in 2011. As a result of this, any evidence that I entered into court was struck as being “new evidence” as I didn’t raise this evidence during the MPCC review. Neat how that works, eh?
I can only wonder if the Alberta Crown’s continued refusal to prosecute a multi-time convicted child molester is an act of retribution against me by the Alberta Crown for the fuss I’ve raised over Alberta Crown Prosecutor Jon Werbicki’s Crown opinion. I was never supposed to have seen that Crown opinion. They’re considered privileged documents.
Request for a Public Interest Hearing.
The funny thing about the MPCC declining to convene a public interest hearing is that it was the MPCC itself in 2011 that had stated in the “Military Police Complaints Commission Submissions to the Independent Review Authority” that having the Provost Marshal respond to the commands of the Vice Chief of Defence Staff “runs counter to Canadian law and practice regarding the independence of police investigations generally”.
Basically, what is being stated here is that when the police are investigating a criminal matter, the police answer to no one but the law itself. However, this is not possible in the Canadian Armed Forces as members of the CFNIS as well as the chain of command of the CFNIS and the Provost Marshal are members of the Canadian Forces and are bound by the National Defence Act as well as the Queen’s Regulations and Orders and must obey their superiors at all times.
This chain of command means that the investigator investigating my matter is subordinate to the Minister of National Defence. The Minister of National Defence is the very same entity that I would have to sue for civil damages.
This excerpt is from a Supreme Court of Canada matter which the Military Police Complaints Commisison raised within its submissions to the Independent Review Authority on June 23rd, 2011.
The Military Police Complaints Commission was taking issue with ammendments made to the National Defence Act which would allow for the Vice Chief of Defence Staff to direct the Canadian Forces Provost Marshal in any Professional Standards review and and military police investigation. The Surpeme Court of Canada has long recognized that it is improper for a police agency to receive instuction or guideance from any agency that may stand to be subject to civil actions depending on the outcome of the police agency.
The Military Police Complaints Commission itself pointed out that the Vice Chief of Defence Staff is not a Peace Officer unlike the Provost Marshal. The Provost Marshal must obey the lawful commands of the Vice Chief of Defence Staff. The Vice Chief of Defence Staff must obey the lawful commands of the Chief of Defence Staff. And the Chief of Defence Staff must obey the wishes of the Minister of National Defence.
And as illustrated in the matter of P.S. v. Mininster of National Defence, it is the Minister with direct authority over the military police that I would have to initiate a civil action against and that the success of this civil action is solely dependent on the findings of the military police investigation that the minister may issue instructions for.
Section 18.4 defines the responsibilities of the Provost Marshal.
Section 18.5 gives the Vice Chief of Defence Staff certain responsibilities over the Provost Marshal.
Section 83 and 85 state that EVERY member of the Canadian Forces will without hesitation obey the lawful commands of their superior. There are no exceptions for the military police or the CFNIS or the Provost Marshal, or the Vice Chief of Defence Staff, or the Chief of Defence staff. Each and every one of them must obey the commands of their superior. The ultimate superior in this chain is the Minister of National Defence.
This type of obedience does not exist in any civilian police department to the best of my knowledge.
So, why didn’t I file an inference complaint?
Becuase only members of the military police conducting or supervising an investigation may make an interference complaint.
The last sentence of the excerpt above should be very concerning to anyone who understands what it means. Due to the Chain of Command Influence within the Canadian Armed Forces, if interference in an investigation occurs high enough up the Chain of Command, the military police investigator may be completely unaware of the interference. It’s sad that the MPCC wrote this observation in 2011 but pretends that interference couldn’t have possibly been an issue in my matter which stood to expose the Minister of National Defence to Civil Actions.
Pre-1998 Brick Wall.
The Canadian Forces Military Police and the MPCC often hide behind this “brick wall” that was errected in December of 1999 with the creation of the Military Police Complaints Commission. The CFNIS and the MPCC both claim that they cannot take anything from the 1980 CFSIU investigation of Captain McRae into account as this happened prior to 1999.
Refusal to hand over documents to the MPCC for review.
Unlike in 2012, this time around the Canadian Forces Provost Marshal declined to provide the Military Police Complaints Commission a copy of the Crown Brief or the response from the Crown. The decision to not supply the MPCC with these documents more than likely stems from how embarrassing it was for both the Alberta Crown and the CFNIS for me to have obtained the prior Crown Brief and the decision by the Crown.
However, as I have the tribunal records from the Alberta Victims of Crime, I can state for a fact that the CFNIS basically just regurgitated the original 2011 investigation Crown Brief.
The MPCC did ask me to sign a consent form allowing them to retrieve the a copy of the Crown Brief from the Alberta Victims of Crime seeing as how the Provost Marshal was declining to hand over a copy. As I’ve seen the Crown Brief I know that the CFNIS added sweet bugger all to the original 2011 Crown Brief and basically just resubmitted the original 2011 mess. And then they act surprised when the Crown refuses to prosecute.
Mention of RCMP Inspector Akrum Ghadban
Okay, so the CPIC check is interesting. But it misses out on some of the details that are in the newspaper article below.
Deep River, Ontario is just north of Canadian Forces Base Petawawa. CFB Petawawa is where P.S.’s family had been transfered to in June of 1980.
The 1984 charge from Manitoba is missing. This one involved an 8 year old boy in Manitoba.
There were TWO charges in 1985. One for molesting a 9 year old boy on Canadian Forces Base Namao after his family had been transferred back there in 1985. And one for molesting a 13 year old newspaper boy in Edmonton after the Canadian Forces ordered him out of the military housing and off the base. His father, J.S., rented him an apartment in the west end of Edmonton.
So, that’s a total of four charges involving children prior to 1985. And they’re only listing the crimes he was convicted of. What’s not listed, but what is available in his CPIC file, is the numerous charges that were stayed or dismissed.
So, I hope you understand why I get annoyed when I think back to the phone call I received on November 4th, 2011 from Petty Office Steve Morris stating that the CFNIS couldn’t find anything to indicate that P.S. was capable of the crimes that I had accused him of.
Warrant Officer Fred R. Cunningham
This is correct, the CFSIU which after the separation of the intelligence section, went on to become the Canadian Forces National Investigation Service. The CFSIU primarily concerned itself with “serious and sensitive” offences committed by service members, much the same as the modern day CFNIS. The base military police then, much as they do today, looked after the smaller menial occurrences.
At the time of the investigation of Captain Father Angus McRae in 1980, Fred Cunningham was Warrant Officer Fred Cunningham of the CFSIU. Fred was a Military Police officer with the base military police but was then transfered over to the CFSIU and became the Acting Section Commander.
When I spoke with Fred on November 27th, 2011, he wouldn’t elaborate what function he did with the military police. He said that he was very familiar with the P.S. and Captain McRae affair.
He said that the base MPs had received numerous complaints about P.S. and that this led to the investigation of P.S. by the base military police. According to Fred, when P.S. was questioned in his father’s house P.S. named Captain Father Angus McRae. Fred stated that the CFSIU had the charges related to three boys ready to go to court martial, but that the brass cut the charges down to only those charges involving P.S.
Fred stated that one of the other boys who had his charges against McRae dismissed by the brass thought that P.S. had stabbed him in the back. Fred Cunningham said that this other boy was named either Fred or Frank and that he was a prolific pyromaniac on the base and had set numerous fires.
As a side note, I was able to determine who this other kids was. His initials are F.A.. His family’s PMQ was involved with fires that F.A. was found to have set. According to one of the Canadian Forces Fire Marshal reports F.A. like to play the “hero” by “discovering” the fire after it had been set. F.A. had a tendency to try to blame his sisters for setting the fires. F.A. had also been to a psychiatric hospital to help him deal with his urges.
And, one of the Canadian Forces Fire Marshal reports indicate that F.A. and P.S. were good friends going so far as playing with fire together.
Just on a side note, on September 11th, 1978 the Canadian Forces Military Police on CFB Namao knew that P.S. was 13.
I have the Edmonton Telephone Directories from 1978, 1979, and 1980 which confirm the family names of the persons living in these Married Quarters.
When I asked Fred Cunningham is he was insinuating that this Fred boy had anything to to with the fire at the P.S. residence on June 23rd, 1980 which resulted in the death of a civilian contractor, Fred Cunningham responded ” I am not going to speak to that”.
Fred also said that the brass wouldn’t allow the base military police to call in the R.C.M.P. to deal with P.S.
Fred pleaded with me to understand that the military police tried everything to get Captain McRae transferred into the civilian system but that the brass wouldn’t allow for that to happen.
Fred Cunningham was of the opinion that P.S. should never have been allowed to babysit children and that P.S. was having “mental problems” at the time and that he was a very “unsavory character”.
In 2011, after having talked to Fred Cunningham about this, I sent a letter to the Provost Marshal at the time hoping that this would show the Provost Marshal that something bad happened on CFB Namao in 1978 through 1980 and that he should have the CFNIS take a deeper look. In early January of 2012, I received a telephone call from Lt. Col. Gilles Sansterre telling me to not put much faith in what Cunningham had told me, that Cunningham wasn’t involved in the original investigation and was probably telling me second or third hand information.
The person “x” above is P.S.
P.S. was not the subject of a formal military police investigation because the military police at the time could not investigate P.S..
According to the National Defence Act at the time, the military police could only arrest military dependants who were outside of Canada accompanying their serving parent on Canadian Forces business. That’s actually still the case today.
The military police at the time would have had to call in the R.C.M.P. to deal with P.S.. And according to Fred Cunningham the base military police and the Canadian Forces Special Investigations Unit were being prevented by the chain of command from calling in the R.C.M.P. to deal with P.S..
If the Canadian Forces had called in RCMP to deal with P.S., the Canadian Forces would have lost the ability to throw a gag-order over the Juvenile Delinquent Court. Yes, the Juvenile Court could easily prevent the naming of P.S., but they wouldn’t be able to prevent the naming of Captain Father Angus McRae and the delinquencies that Captain McRae was being charged with enabling a minor to commit.
No one believed that P.S. was 12 years old at the time. P.S. was born in June of 1965. Captain McRae arrived at CFB Namao in August of 1978 from Canadian Forces Station Holberg on Vancouver Island. P.S. didn’t start abusing children until after Captain McRae started grooming P.S.. So this would have been in the fall of 1978. P.S. would have been about 13-1/2. P.S. would have turned 14 in June of 1979.
As indicated above, Canadian Forces records indicate that they knew in September of 1978 that P.S. was 13 years old.
In fact, the Canadian Forces NEEDED P.S. to be over the age of 14. According to a Court Martial Appeal Court matter titled Regina v. Corporal Donald Joseph Sullivan from 1986 the Canadian Forces only retained the right to conduct a court martial for the crimes of Gross Indecency, and Indecent Assault so long as there was the possibility of consent. No consent meant the case had to be tried in a civilian court. No child under the age of consent can consent to have sexual relations with an adult. The age of consent in Canada at the time was 14.
As can been seen by the above excerpt, the military had the right to conduct a court martial against Captain McRae in the matter of Gross Indecency so long as there was the possibility that P.S. consented.
I wonder if any of this information from Fred Cunningham was passed on to the Alberta Crown.
If it wasn’t I wonder why?
Fred Cunningham was originally contacted by the CFNIS in early 2016.
For some reason he was very reluctant to sit down for a recorded interview with the CFNIS.
I wonder if Lt. Col. Gilles Sansterre had truly put the fear of god into Fred Cunningham back in December 2011 when I told the Provost Marshal what Fred had told me. After all for some reason Sansterre seemed to really want me to forget and not pay much attention to what Cunningham had told me. I’m still convinced that Sansterre or one of his underlings at the Canadian Forces Military Police group threatened Cunningham with violating the Official Secrets Act / the Security of Information Act for having discussed the matter of Captain McRae’s court martial with me in violation of the in-camera order that was applied to the court martial in July of 1980 by the Western Commander of the Canadian Forces for the sole goal of “protecting the morals” of Canadians.
Court Martial hearings are supposed to be open to the public, just as court proceedings are.
Basically the Canadian Forces didn’t want the Canadian public to discover that not only had an OFFICER of the Canadian Armed Forces had homosexual relations on a military base. The Canadian Armed Forces didn’t want the Canadian public learning that an OFFICER of the Canadian Armed Forces had homosexual relationships with children ranging in age from 15 to as young as possibly 4. As long as the Canadian Forces could hide this court martial, the Canadian Forces could portray it as a member of the Canadian Armed Forces having homosexual relations with a person who consented to the sexual activity.
For someone who the CFNIS in 2011 couldn’t find any evidence against, P.S. sure keeps being mentioned as someone who liked to touch younger children.
A lot of things back then seemed to have been dealt with “unofficially” back then if you know what I mean.
The funny thing about this is the MPCC and the CFNIS seem to have both neglected to mention my recording of the telephone call I had with retired Sgt. J.S., the father of P.S.. J.S. directly implicates his son.
Sgt. Tenaschuk called me in September of 2016 to inform me that the CFNIS was about ready to wrap up the investigation. Sgt. Tenaschuk asked me if there was anything else he thought that the CFNIS could do to satisfy me that they had tried everything this time. I suggested that the CFNIS run a Crime Stoppers appeal. Tenaschuk said that he would have to consult with his superiors to see if they would agree to this.
Note that the investigator can’t simply request a Crime Stoppers appeal. The investigator has to appeal to their chain of command. I also find it interesting that for a 40 year old case that lacks evidence that one Crime Stoppers appeal that ran for about two days in the media was garnering tips.
This appeal ran for two days. Better than nothing.
7 tips for a two day appeal? Not too shabby.
Victim D was James Paluck. James is the one who told me that the sickly sweet grape juice was actually Manischewitz wine. James also told me about P.S.’s convictions in 1985 and both James and P.S.’s younger brother had been riding the bus to M.E. LaZert high school in Edmonton when the other school kids started teasing P.S.’s younger brother about his older brother being a child molester. Unfortunately James passed away. However, before James passed away he did give me the name of one other victim to go looking for.
Victim C is the youngest of three boys. He currently lives on the East Coast. When I spoke to him he was fearful of coming forward as he didn’t want to jeopardize his career. The middle brother was having issues that the younger brother believed was directly attributable to the abuse on CFB Namao at the hands of McRae and P.S.. The eldest brother committed suicide years ago. The younger brother blames the way the military handled the abuse investigation back in the 1980s as being a contributing factor.
On a side note, I recently learnt of another former military dependent from Canadian Forces Base Namao that had been abused by Captain McRae who would later go on to commit suicide. This dependent’s brother recently contacted me.
I can only wonder what these “painful memories” were. The CFNIS seemed to have scrubbed them from the investigation paperwork.
It should be noted that the interview with Victim C occurred on January 12, 2017.
It was in early February 2017 that Sgt Tenaschuk contacted me and told me about finding the Canadian Forces Special Investigations Unit case file for the investigation of Captain Father Angus McRae. One of the things that Tenaschuk said has stuck with me. He said that it was very odd that this file still existed. He said that usually the military disposes of paperwork after a certain period. And seeing as how Captain McRae was convicted and subsequently booted out of the military in the early 1980s, this file shouldn’t exist anymore, but here it was.
This got me wondering. Maybe this file only continued to exist because it had been accessed frequently between 1980 and the current day because other victims of Captain McRae and P.S. kept coming forward over the years.
Maybe this is what drove P.S. to attempt suicide in 2000. He knew that he was never going to be free of what happened on CFB Namao.
Sgt. Tenaschuk read to me excerpts from the file. Unlike what J.S. had told me in July of 2015, it wasn’t J.S. that obtained the name of Captain McRae from his son P.S.. It was two base military police officers whom had interrogated P.S. in the kitchen of his family PMQ. Sgt. Tenaschuk said that just about everything else that Fred Cunningham had told me in 2011 was backed up by this paperwork. I asked Sgt. Tenaschuk for the name of this paperwork. He replied that it’s “CFSIU DS 120-10-80”. I filed an ATIP for CFSIU DS- 120-10-80 as soon as I got off the phone with Sgt. Tenaschuk.
I forget how I was first put in contact with victim A, but if I remember correctly he contacted me via Facebook after having seen one of my postings in one of the Base Brat groups on Facebook. He’s a good guy. I’ve only met him twice face to face. His employment allows his to come out to the West Coast periodically. He has been willing in the past to go on camera so long as he is allowed to sit behind a screen. Being a sexually abused male carries such a bad stigma, especially in the line of work that he’s in that he doesn’t want anyone knowing who he actually is. And this I can totally understand.
Again Mstr [X] refers to P.S..
Bear in mind that no one involved with my investigation had tried to locate this paperwork. It was only when the CFNIS commenced an investigation into the complaint made by Victim A that the CFNIS Western Region tracked down the paperwork.
Remember, Corporal White was investigating the complaint of “Victim A”. No one from my investigation had tried obtaining the court martial records. P.S. was the main prosecution witness against Captain McRae.
In July of 2015 when I spoke with J.S. he told me how when his family was living on CFB Petawawa, the Canadian Forces wanted his son P.S. to fly back to Edmonton by himself to testify against Captain McRae. J.S. said that after much back-and-forth the Canadian Forces agreed to allow J.S. to fly to Edmonton with his son. However, J.S. was barred from entering the court martial. This would have been illegal at the time. Children have a right to have a parent or guardian present during any manner of court proceeding. The fact that the court martial panel didn’t want J.S. to hear his son’s testimony shows how far the Canadian Forces were willing to go to keep the actions of Captain McRae under wraps.
And here it is ladies and gentlemen, the moment we’ve all been waiting for:
There it is in black and white Ladies and Gentlemen, the words that the CFNIS and the Canadian Forces chain of command have been very fucking reluctant to say or even acknowledge. P.S. was sexually abusing younger children on the base and the military police in 1980 WERE aware of the abuse.
Having been investigated by the base military police in 1980 for sexually abusing younger children should have proved that P.S. was capable of committing the crimes that I accused him of. At least the should have allowed me to face P.S. in a court of law out of the hands of the military.
The Alberta Victims of Crime – 2018 Crown Brief.
It should be understood that the 2011 ‘remarks’ are from the Crown Brief that was submitted to Alberta Crown prosecutor Jon Werbicki.
The reason that I had applied for benefits from the Victims of Crime Financial benefits program is that the victim services officer with the Canadian Forces suggested that I approach the Alberta Victims of Crime program for financial assistance to get counselling services.
As I’ve explained elsewhere as I’m not a member of the Canadian Forces I don’t qualify for counselling services from the Canadian Forces.
Alberta and British Columbia have both declined to assist me with counselling. British Columbia stating that the crimes didn’t occur in British Columbia, so it’s not their responsibility to pay.
Alberta first said that as I’m not a resident of Alberta, they’re not going to pay for counselling in another province. Then Alberta further declined stating that the crimes happened on a military reserve, therefore the Canadian Forces should pay.
Basically everyone just passes the buck.
And from what I’ve heard from other former base brats, this is common. Base brats quite often fall through social safety nets as the provinces look for any excuse to not deal with us.
Section 156 of the 1980 Criminal Code was Indecent Assault on Male. This was an indictable offence. The sentence was for up to ten years and to be whipped. As a juvenile, P.S. would have received at most a stint in reform school, if that.
Also, what I find odd about this is Petty Office Steve Morris called me on November 4th, 2011 and told me that the CFNIS couldn’t find any evidence to indicate that P.S. was capable of committing the crimes I had accused him of.
I think Mr. Ghadban is being a little over generous here. After all, the CFNIS ‘forgot’ to mention to Alberta Crown prosecutor Jon Werbicki that I had tried twice previously to report P.S. to the military police. The CFNIS outright ignored the connection between P.S. and Captain McRae. The CFNIS in 2011 could have just as easily obtained the court martial transcripts for Captain McRae as Corporal White did in the 2018 CFNIS investigation into the complaint against P.S. by the other victim.
In 2011 there would have been nothing preventing the CFNIS from changing the scope of the investigation while McRae was alive and changed the status of P.S. from accused to witness and then proceeded after McRae. But again, connecting my sexual abuse to the actions of Canadian Armed Forces officer Captain Father Angus McRae has always been the last thing the Canadian Forces chain of command have wanted.
I urge you to search for a Macleans Magazine article from the early 2000s called “The CFB Gagetown Rape Controversy”. I won’t get too much into that other that it was a story about a flawed military police investigation related to the rape of a developmentally challenged woman by four male soldiers at Canadian Forces Base Gagetown in New Brunswick. One of the things that was noted is that the military police would often submit laughable cases to the local Crown Prosecutors knowing full well that the Crown would recommend against charges. This way the military could tell the victim that it was the Crown’s fault that charges were being pursued.
This rape and the subsequent investigation occurred prior to the Somalia Inquiry. The Somalia Inquiry found that the Canadian Forces justice system was prone to abuse and manipulation from the Chain of Command, commanding officers could easily interfere with investigations, people with no legal training and no legal back ground could summarily dismiss criminal code charges.
This is why with the passing of Bill C-25 in 1998, the requirement for commanding officers to conduct summary investigations AFTER the military police laid charges was removed. This is also why the 3-year time bar that applied to ALL indictable offences in the Criminal Code of Canada was removed from the National Defence Act.
Still, it looks as if some things never change.
As long as Orest Yeriniuk views me as a “trouble maker” instead of a victim, there will be no funding for counselling.
Submission of Case to Crown Prosecutor and conclusion
If I had to hazard a guess, the Alberta Crown is still smarting over the release of the Crown Brief and the subsequent Crown Opinion to me by the Military Police Complaints Commission in 2013. I would have like to have been a fly on the wall when the Alberta Crown, and possibly even the Alberta Solicitor General reamed the CFNIS and possibly the MPCC a new one.
Decisions by the Crown are supposed to not be questioned. That’s one of the major flaws with the justice system in this country. The Crowns operate like their own private little fiefdoms that will dispense justice as they see fit. The Crowns believe that they are above reproach and should never have to justify their decisions to anyone, not even lowly peasants such as myself.
Questionable Crown decisions are how Karla Holmolka is allowed to walk the streets even though as it turned out, she was at least as involved with the murders as Paul Bernardo was.
This must be a new “standard practice” as the Crown Prosecutor’s opinion was released to the MPCC the last time. I wonder what’s different this time around? This secrecy doesn’t really do anyone too well. In fact, even the MPCC has complained about this in the past.
The case was 31 year old in 2011 when this started.
I was 7 to 8 when the abuse was occuring
P.S. was between 13-1/2 and 15 when the abuse was occuring.
P.S. had already been investigated by the base military police and had received counselling for his involvement with young children on the base.
It was the involvement of P.S. with the younger children that eventually led to the investigation, arrest, and prosecution of Canadian Armed Forces officer Captain Father Angus McRae.
P.S. has a substantial criminal record for child sexual abuse.
The Alberta Crown in 2011 had determined, based on the original 2011 CFNIS investigation, that it was very significant that I never told anyone of the abuse. Looks like the CFNIS forgot to tell the Alberta Crown about my attempts to report P.S. to the military police in 1984 and in 1990. Also, the case presented to the Alberta Crown made it sound as if I could barely remember the assaults. I clearly remembered the two times that P.S. tried to have anal intercourse with me and the third time he succeeded. I clearly remember the times that P.S. forced me to perform oral sex on him. I clearly remember the threats that P.S. made to me that he would kill me if I ever told the military police about what he had done to me. I also remember quite clearly the threats P.S. made that his father would have my father thrown out of the military if I ever told anyone. However, I don’t think the CFNIS was too interested in passing all of this information on to the Alberta Crown. Otherwise I don’t think the Alberta Crown would have remarked that this was nothing more than “Childhood curiosity and experimentation”.
The MPCC said itself that Chain of Command interference would be almost impossible to detect.
The MPCC cannot investigate an interference complaint from me. And as the MPCC state above in its own report, any interference from the chain of command may be undetectable. After all, the Vice Chief of Defence Staff can give instructions to the Provost Marshal in respect of any investigation and any Military Police investigation.
Basically, the Vice Chief of Defence Staff, who is not a peace officer, and generally is not required to have any manner of legal training and who is not sworn to uphold the Criminal Code of Canada can supervise the Provost Marshal in criminal code investigations and in professional standard reviews.
Here’s the really scary part. The Vice Chief of Defence Staff can issue instructions to the Provost Marshal in respect of a particular investigation. Basically the National Defence Act is stating that it’s okay for someone with no peace officer qualifications to direct a law enforcement agency.
Sound great in theory.
So, if the Vice Chief of Defence Staff issued instructions to the Provost Marshal to not forward certain information to the Alberta Crown, what do you think the odds are on that I would ever be able to see those instructions?
McRae’s court martial was anything but public knowledge. The Canadian Forces threw a “veil of secrecy” around it. The public never knew the true extent of what Captain McRae had done.
The tone presented in these news articles makes it very clear that the Canadian Forces wasn’t been too transparent with the Captain McRae affair.
If the Canadian public knew that Canadian Armed Forces officer Captain Father Angus McRae had molested well over 25 children ranging in ages from 5 to 15 on a secure defence establishment, the Canadian public would have demanded that heads roll. To be very clear, the court martial wasn’t moved in-camera to protect the identity of P.S..
The court martial was moved in-camera to protect the public image of the Canadian Armed Forces.
25 children, on a secure defence establishment, sexually abused by an officer of the Canadian Armed Forces? This would have been a fucking scandal. There is no way that Minister of National Defence Gilles Lamontagne or Prime Minister Pierre Trudeau would have survived this.
Here is the order requesting that McRae’s court martial be moved in-camera in the “interests of public morals”:
It wasn’t the identity of P.S. that the Canadian Armed Forces were protecting. It was their own necks and their own careers.
1 secure military base
1 military officer.
This was not going to be public at all.
The Federal Government is compelled to settle this lawsuit. DND is legally liable and responsible for its employees. DND and the Canadian Government aren’t settling out of the kindness of their heart. They’re settling because of legal actions. Legal actions that military dependants or other civilians cannot take against the Canadian Forces or the Department of National Defence.
The class action lawsuit was specifically open to only members of the Canadian Armed Forces and civilian employees of the Department of National Defence. Persons such as myself, who had been given “conversion therapy” through the military social workers are ineligible to join these class action lawsuits as we were never members of the Canadian Forces or civilian employees of the Department of National Defence.
It took almost 40 years for the Canadian Armed Forces to own up to its responsibilities for the cadets who had been killed and injured by a grenade blast in 1974 when a real live grenade was introduced into a classroom full of 12 to 18 year old children. From 1974 until 2011 the Canadian Forces refused to accept liability and to cover the expenses for the dead and injured cadets because cadets are not the legal responsibility of DND or the Canadian Forces.
It took the Minister of National Defence requesting that the Canadian Forces ombudsman review the matter before the Canadian Forces finally responded to the pleas of the former cadets for assistance.
The cadets were not able to receive compensation or assistance at the time of the grenade explosion because they were not members of the Canadian Armed Forces.
As per the above section of the Canadian Forces Ombudsman report on the CFB Valcartier cadet grenade incident the Canadian Armed Forces are only legally liable for its members of the Reserves and Regular Forces as well as its civilian employees and contractors. Cadets, military dependents (spouses and children), and civilians not employed by DND who are on military bases are their at their own risk.
The problem with DND and sexually abused military dependents is that no one knows just how many children were sexually abused on the various bases by members of the Canadian Armed Forces.
Actually, the three year time bar flaw was never remedied. It was only removed. Meaning that after December 1998, the 3-year time bar could not be used to prevent the laying of charges under the criminal code against a person subject to the Code of Service Discipline.
However, what wasn’t fixed was the fact that any crime that occurred prior to 1998 cannot be charged for. What this means is that in my matter, if P.S. had been charged and had in turn implicated Angus McRae. Angus McRae could never be charged due to the 3-year time bar that existed prior to 1998.
I don’t think the Canadian Armed Forces or the Department of National Defence want this one little flaw known.
I think this flaw is what allows the Canadian Armed Forces and the Department of National Defence to claim that child sexual abuse on the bases in Canada was non-existent in the old days.
Dan M. was the Base Commander of Canadian Forces Base Namao, and he was also the commanding officer of Captain Father Angus McRae. Col Dan M. would have been the one who conducted the summary investigation against Captain McRae after the military police laid charges. It would have been Col Dan M. that would have determined which charges proceeded and which charges were dismissed. Col Dan M. would have also had the authority to prohibit the CFSIU and the base military police from calling in the RCMP to deal with P.S.
So, it is very clear that the 3-year time bar, even though it was removed by the passing of Bill C-25 in 1998, still affects criminal investigations to this date.
This is laughable.
The Minister of National Defence settled with P.S.. Of this there is no doubt.
P.S., in his telephone conversation with CFNIS investigator Robert Jon Hancock in August of 2011 has said that the “military has already handled things that he was involved in as a youth”.
When I spoke with P.S. in July of 2015 he claimed that he is bound to silence by an NDA.
The Minister of National Defence by way of the Vice Chief of Defence Staff can give instructions on any military police investigation.
The CFNIS conducted an investigation that could have potentially subjected the Minister of national Defence to further civil action.
The CFNIS also submitted to the Alberta Crown a very poorly executed investigation.
The Canadian Forces chain of command knew that by submitting an inferior investigation to the Crown that the Crown would be very highly unlikely to recommend charges.
The Canadian Forces chain of command are also well aware that without a criminal conviction, the chances on any victim of P.S. being successful in a civil action against the Minister would be severely diminished.
And as P.S. was a juvenile at the time, initiating a civil action against a minor would be impossible. However, the Juvenile Delinquents Act held that the adult who had contributed to the delinquency could be held responsible.
Captain McRae was investigated in 1973 for committing “acts of homosexuality” at the Royal Military College at Canadian Forces Base Kingston in Ontario. “Acts of homosexuality” is also what Captain McRae was charged with committing on Canadian Forces Base Namao. Captain Father Angus McRae was involved with a teenage boy on Canadian Forces Station Holberg just prior to his transfer to Canadian Forces Base Namao.
Brigadier General Roger Bazin was arrested in 2010 for having sexually abused a boy on Canadian Forces Base Borden when he was a catholic chaplain at the military chapel on the base.
The Bazin matter occurred just prior to me bringing my complaint against P.S.
Corporal Donald Joseph Sullivan molested numerous children in the 1970s before he joined the Canadian Armed Forces. Once in the Canadian Forces he was court martialed for molesting numerous boys on Canadian Forces Base Gagetown in 1984.
The Canadian Armed Forces removed the rectories from the catholic chapels in the late ’80s.
In 2006, the Canadian Armed Forces changed the way that baptismal records are issued specifically stating that this was due to the amount of civil actions being brought against Catholic Archdiocese in Canada.
Due to the way that children were moved from base to base to follow their serving parent’s military career, and due to the way that Canadian Forces service members including military chaplains were also moved from base to base, it is conceivable that there are thousands of children who were touched once or twice on the various bases, but who never said anything.
It’s also conceivable that these children never said anything until years later, possibly outside of the 3-year time bar, that made pressing charges impossible.
This is a problem that the Canadian Armed Forces are more than willing to let fade into history.
As the MPCC itself has said, the investigators within the CFNIS and the military police may not even be aware of “chain of command” influence.
Why did the CFNIS chain of command determine that the Crown shouldn’t be informed of the entirety of the telephone conversation between P.S. and Robert Jon Hancock.
Who within the CFNIS made the determination that my father was not to be re-interviewed even though my foster care records and his answer to my written examination exposed his statement to the CFNIS as lie upon lie easily disproved by my foster care records.
Richard didn’t die until January of 2017. The CFNIS had over a year and a half to get the silly fucker to “clarify” his original statement to the CFNIS. And even though the CFNIS knew of the errors in Richard’s statement, they did nothing what so ever to make sure that the Alberta Crown understood the issues with Richard’s statement.
Who within the CFNIS made the determination to not inform the Alberta Crown that shortly after the events on CFB Namao that I was made a ward of the province due to the instability in my household.
Who within the CFNIS made the determination to not inform the Alberta Crown that P.S. had been interviewed by the base military police in 1980 and had also been sent for treatment for committing sexual assaults against young children on the base?
As I’ve seen the documents submitted to the Alberta Victims of Crime, I know that it was basically the 2011 Crown Brief with a bit of the 2018 investigation thrown in.
It’s generally good police practice to not tip off the family of the suspect that you’re looking for another family member to give a statement against another family member.
The family of P.S. told the CFNIS investigators in the 2015 to 2018 portion of the CFNIS investigation that the younger brother lived out on the West Coast, that the younger brother never spoke to the family, that the younger brother hated and despised P.S., and that the younger brother was probably deceased.
After tracking the younger brother down via CPIC, it turns out that the younger brother and P.S. lived about 25 km apart.
P.S. lived at home with his father, J.S. in Fort Erie.
J.S. told me in the telephone call that I had with him that he had just had one of his legs amputated and that he needed P.S. at home to look after him.
How much do you wanna bet that when Sgt. Tenaschuk called up J.S. looking for his youngest son that J.S. asked him not to say anything against P.S.?
When I spoke with J.S. in 2015, he blamed himself for what had happened to both P.S. and his younger brother. Apparently they had both been abused by Captain McRae.
Another former base brat, whom I met via the base brat groups, knew D.S, the older sister of P.S.. D.S. said that her father J.S. blamed himself. P.S. was apparently a shy boy and didn’t have many friends, so J.S. forced P.S. to go over to the chapel to be McRae’s altar boy and to assist McRae with duties around the chapel.
D.S. herself is interesting in the sense that she also covers for her brother, P.S..
It’s almost as if that entire family doesn’t hold P.S. responsible for all of the children that he assaulted and molested over he years because they all blame Captain McRae.
And I think they further justify this victimhood by saying that the Canadian Armed Forces never would have settled with P.S. if P.S. wasn’t a victim.
It’s just too bad that the rest of us can’t be victims.
I still can’t believe that my father thought that at 7 years of age that I could force 14 year old P.S. to molest my younger brother. I guess it must be true, after all I wasn’t a victim of anyone, right?
As the Canadian Forces Provost Marshal is under no obligation to supply the MPCC with documentation, and as the MPCC does not have the legal authority to subpoena any document from the Provost Marshal, I’m just going to have to say that I would never simply take the verbal word of anyone attached to the Canadian Armed Forces or the Department of National Defence.
Having seen the games DND played during the Mark Norman affair I just can’t trust DND at their word.
In February of 2016 the Minister of National Defence called my intentions into question by suggesting that I had impure motives.
He wanted to know “what my game was” and “what angle was I trying to play”
In August of 2011 the CFNIS tried to get my brother to state that I was a societal malcontent with an axe to grind against the military.
This has never been about justice.
This has always been about the Canadian Armed Forces ensuring that the dirty secrets of the past stay in the past.
I never wanted a single nickel from the Canadian Armed Forces or the Department of National Defence.
All I wanted was for my father to own up to the truth and for him to stop blaming me for having “fucked with his military career” and for having forced P.S. to molest my younger brother.
That was it.
Richard wasn’t the type of man to ever apologize unless he knew that he couldn’t weasel his way out of this with lies and bullshit.
Yeah, I do realize that any apology I would have received from him probably would have been worthless bullshit that he spewed just to try to make himself look good.
But the Canadian Armed Forces and the Canadian Forces National Investigation Service took that possibility away from me.
Keeping the military’s secrets was more paramount than my apology.
The lawyer in P.S.’ claim against the Crown summed it up the best:
As P.S. was a juvenile at the time, these are the entities that anyone abused by P.S. would have to make a claim against:
The Canadian Armed Forces would be represented by the Department of Justice. The DoJ has unlimited tax payer dollars and an unlimited amount of lawyers. Basically the DoJ can turn night into day if it so wishes. That’s how much power it has.
On Thursday July 30th, 2020 I was interviewed at the Vancouver Police Department headquarters at 2120 Cambie Street. This was in realtion to another even of abuse that occured on Canadian Forces Base Namao.
So far my ratio with the CFNIS is 50/50.
P.S. went down in flames. I don’t think I’ll ever ascertain exactly why.
Sure, the Earl Ray Stevens matter didn’t end in prosecution, but it did convince a judge that there was sufficient evidence to warrant a trial in Ontario Superior Court.
Earl died of bladder cancer before we made it to court.
This new event involved a man in the sauna at the base pool on CFB Namao.
I did mention the man in the sauna to Sgt. Damon Tenaschuk in 2018. But at that point in time I didn’t have any idea of who this man was.
Back in 2011, when I decided that I was tired of being blamed for what had occured on CFB Namao, I inquired with the Edmonton Police Service how I would go about laying charges seeing as how the CF Military Police had twice previous stated that they couldn’t become involved becuase P.S. was a civilian at the time of the offences. In 2011 the matter got kicked on over to the CFNIS.
After my interview with Mcpl Hancock relating to the events involving my babysitter, I decided that I was going to also go after Earl Stevens, and then after Earl, I was going to go after a guy named A.M..
Out of five men from my childhood that I was sexually abused by, A.M. is the only civilian with absolutely no connection to the Canadian Armed Forces.
Sadly, the 2011 CFNIS investigation went off the rails right from the word go.
This would delay my complaint against Earl.
I can only wonder if the 2011 CFNIS investigation had been handled better and I had been able to make my complaint against Earl earlier would have been able to face him in court?
Looking back now, I know that my father’s statement to the CFNIS was a major contributing factor to the CFNIS running my complaint into the ground.
My father stated the following to the CFNIS in 2011:
1) We never had a babysitter on CFB Namao.
2) Our grandmother only looked after us for a very brief period of time.
3) Some random woman from across the street would keep an eye on my brother and I when he needed someone to look after us.
4) I only contacted him when I needed money.
Basically, the CFNIS concluded from my father’s statement that I was just some loser making up lies in an attempt to juice the Canadian Forces for money.
And this narrative also fit with an obvious desire within the DND and CF hierarchy to keep the spectre of child sexual abuse involving the Canadian Forces clergy dead and buried in the past.
In 2011, I had absolutely no idea that P.S. had sued the Department of National Defence, and that he had settled out of court with DND.
Even though I lived on Canadian Forces Base Namao during the P.S. / Captain Angus McRae affair, I had absolutely no idea of the true extent of what happened on that base from 1978 until 1980.
In the original 2011 CFNIS investigation the CFNIS made it very clear that they had evidence that there was no babysitter, and that there were various other inconsistencies with my story that just weren’t adding up.
You can bet your bottom dollar that someone up the chain of command knew about the settlement, knew about the recent events involving retired Canadian Armed Forces officer Brigadier General Roger Bazin, and came to the conclusion that it would help the Canadian Forces if I was a “societal malcontent with an axe to grind against the Canadian Forces”, and that I was doing this solely for money. And thus once my father made his statement, that sealed the deal and my complaint was dead.
No, you might say “Bobbie, how on Earth would an investigator with the CFNIS be able to link your complaint to an out of court settlement that occured many years before?”
At work, I’ve implemented a database program that all of my subordinates use to record their daily activities in the power plant.
I also have another database program that runs the preventative maintenance program that schedules the maintenance for the equipment in the plant.
All I have to do is type in plain English keywords into the search bar for these programs, and they will bring up the relevant results. The first program can even list the number of occurences for a specific search word, and indicate who wrote that particular entry.
The CFNIS use a program called SAMPIS. I was given a very brief explanation and demonstartion of the system by an investigator from the Office of the Infomation Commissioner when the OIC was reviewing a complaint of mine related to an Access to Information Request from the CF Provost Marshal.
SAMPIS is the record keeping system for the Canadian Forces Military Police and the CFNIS.
It has search functions.
So, there’s no doubt that SAMPIS will contain references to my fomer babysitter Mr. P.S.
I have absolutely no doubt that I am not the first military dependant to go after Mr. P.S. for his activities on CFB Namao or any of the other bases he lived on like CFB Petawawa.
When I spoke with the RCMP Constable in 2012, he did say that in addition to the three sexual assaults mentioned in an August 1985 Edmonton Journal article, Mr. P.S. had many more charges relating to child sexual assault from 1985 to 1999. How many of these charges were former military dependants?
Did a flag pop up on a computer when a CFNIS investigator in Edmonton keyed Mr. P.S.’s name into the system that directed the investigator to make contact with a superior officer or an officer in the Judge Advoate General’s office?
In 2006, the Canadian Armed Forces changed the policy for obtaining baptismal records for persons whom had been baptised as children on the various Canadian Forces Bases in Canada. The language in the memo specifially highlighted the concern of lawsuits being brought against the various archdiocese in Canada as being the driving force behind these changes.
So, I’m beginning to realize that my complaint against P.S. failed due to the perfect storm of circumstances beyond my control.
P.S. had just settled his civil action with the Department of National Defence
Roger Bazin had just been arrested and charged for molesting a young child on Canadian Forces Base Borden when Bazin was a chaplain in the base in the early 1970s.
Colonel Russell Williams had just brough massive disgrace to the Canadian Forces. What wasn’t stressed during Williams’ trialis that most of the underwear that he stole belonged to young adolescent girls. Also, Williams also had a sizeable kiddie porn collection on his computer.
Col Tim Grubb had just released a report highlight a “much higher incidence of sexual crimes against children in the defence community.”
And along come I alleging that Mr. P.S. had been abusing my brother, myself, and at least four other kids that I was aware of during the exact same time period that Captain McRae had molested well over 25 children on Canadian Forces Base Namao.
So, it was obvious to the brass within the Military Police Group that I was obviously just doing this for money.
And when they spoke to my father, they hit paydirt.
I’ll never know why my father said what he said.
My brother is convinced that pressure was applied to my father to get him to say what he said.
I don’t think that’s what happened.
Richard was extremely bull-headed. Unless he wanted to do something, you were never going to get him to do it.
Richard knew about the babysitter.
When things were going wrong in the PMQ on Canadian Forces Base Downsview, Richard would often cite what I had allowd the babysitter to do as being the cause of what was going wrong.
In 2006 when I had a telephone conversation with Richard, he named the babysitter all by himself, I didn’t have to prod him for the name.
In 2013, whenI examined him for Federal Court, he readily admitted that there had been a babysitter in the house, he futher clarified that it was his mother who hired him.
In 2006, Richard had pleaded with me to understand that it wasn’t him that hired the babysitter. It was his mother. He told her not to hire him, he told her he had bad feelings about the boy.
So, why did he tell the CFNIS in 2011 that we never had a babyistter?
Well, Richard died in January of 2017, so that’s an answer that we’ll never have.
The MPCC investigation into my complaint against the CFNIS is still ongoing. Unlike last time around, I was able to file an Access to Information request prior to making my final submission to the MPCC.
What this means is that unlike my previous complaint to the MPCC, I have all of the paperwork from the 2015 to 2018 portion of CFNIS investigation GO# 2011-5754.
This helped a lot as I was able to confirm what the CFNIS did and didn’t do in the second portion of the investigation into my complaint against P.S.
We still have to remember that the Provost Marshal holds all of the cards in a MPCC review.
I’ll admit that I was pretty naive the last time I made a complaint to the MPCC.
Dealing with the CFNIS in 2011 was really my first time ever having any dealings with any type of police agency. And during my dealings with the CFNIS I honestly had no idea of the historic issues facing the military police within the Canadian Forces. I also had absolutely no knowledge of the historical flaws in the National Defence Act. I just thought that it was so cool after having twice before been told that the military police couldn’t investigate P.S. because he was a military dependant that all of a sudden, here was the CFNIS ready and willing to investigate P.S.
But when Sgt. Cyr opened his mouth on May 3rd, 2011 and spilt the beans about the sordid details from back in 1980, I realized that the justice train had come off the rails before it even left the station.
I knew on November 4th, 2011 when PO Morris told me that the CFNIS couldn’t find any evidence to indicate that P.S. was capable of the crimes I had accused him of, that something had really gone wrong with the investigation.
The statement PO Morris made to me on November 4th, 2011 became all the more laughable in August of 2012 when I came across the Edmonton Journal article that detailed P.S.’s three criminal convictions for child sexual assault prior to September of 1985.
When RCMP Inspector Akrum Ghadban recommended that the CFNIS re-open the 2011 investigation and concentrate of four areas that he thought needed improvement I decided to keep detailed notes and records right from the word go.
All of these records and details were submitted to the MPCC.
So, we’ll have to sit back and see where this goes.
As I said at the start, I fully realize that the MPCC doesn’t have a lot of investigative powers during a review. The MPCC can’t subpoena documents or witnesses during a review. The MPCC can’t administer oaths during a review. The MPCC pretty well has to function with what the Provost Marshal gives to them.
I know the Provost Marshal has a very dim view of my request for a review of the CFNIS investigation. The Provost Marshal has already informed me that he considers my complaint to be baseless. The Provost Marshal has also stated that he considers the 2012 MPCC review to be sufficient and that he doesn’t believe that a second review of the same investigation needs to be undertaken. What the Provost Marshal is ignoring is that the 2011 portion of GO #2011-5754 is very distinctly different from the 2015 to 2018 portion of GO #2011-5754. The Provost Marshal even stated that he refused to review the video of my statement that I gave to RCMP Inspector Akrum Ghadban in September of 2015.
So, here’s hoping that things are different this time around.
One lesson that I did learn from my previous trip to Federal Court is that you can’t introduce “new evidence” into a hearing for judicial review. What is “new evidence”? New evidence is anything that wasn’t before the Military Police Complaints Commission during the review of a complaint against the military police.
And believe me, I am fully aware that not everything that was before the CFNIS manages to make it to the MPCC.
I finally finished with my submissions to the Military Police Complaints Commission. This time around I hope that things work out a little different.
My first tango with the MPCC back in 2012 was the first time ever that I had dealt with an agency such as the MPCC. I had no lawyer, and no legal advice. I went I completely naive expecting the MPCC to agree that an investigation that couldn’t bring charges against a person with already numerous charges for child sexual abuse had to have been flawed.
Flawed it was, but I had absolutely no access to any of the paperwork from the CFNIS investigation. I had no idea that the Provost Marshal could determine which documents were sent to the MPCC and which documents were withheld from the MPCC.
I also had no idea that CFNIS investigator participation in a MPCC review is strictly voluntary, and that the MPCC investigations can take flights of fancy with their statements to the MPCC as their statements are not taken under oath.
The Military Police Complaints Commission was created by an act of Parliament with extensive input from agencies such as the Department of Justice, and the Department of National Defence. You just know the rules are stacked against you from the word go.
What I find the most disappointing about agencies such as the MPCC is that they aren’t structured at all to assist the complaintant.
To make a successful complaint against the military police, one would need to have access to the investigation paperwork.
However, the MPCC is not set up to be able to assist a person with obtaining the paperwork for the police investigation that they would like to complain against.
In 2018, as soon as I heard that the Alberta Crown was again declining to reccomend charges against P.S., I filed an Access to Information Request with the Department of National Defence to get the paperwork from the CFNIS investigation.
This request was filed on July 27th, 2018. DND acknowledged the receipt of this request on July 30th, 2018. On September 5th, 2018 I filed a complaint with the Military Police Complaints Commission in regard to the second portion of CFNIS GO# 2011-5754.
I made it specifically clear in my complaint that I was awaiting the paperwork from the investigation before I would be able to clearly state my concerns. I explained that as the CFNIS investigator who had been working on the second portion of my case would not give me a firm date as to when the investigation had ended, that I was filing my second MPCC complaint as a way to ensure that the deadline for my filing a complaint didn’t expire.
You only have one year from the date of the end of the investigation to make a complaint.
I recevied the investigation paperwork on Februaty 5th, 2020. This is over 7 months past the one year deadline for filing.
And I only received the documents after the involvement of the Office of the Information Commmisioner of Canada. The OIC stated that my complaint against DND for “deemed refusal” was “Well Founded” and will be officially recorded as such.
Deemed refusal is a term of the Office of the Information Commissioner of Canada. It means that while the agency responsible for releasing the information being requested has agreed to the request, they are intentionally dragging their heels in an attempt to deny a person access to the information that they have requested.
Needless to say, had I waited until I received the paperwork from the investigation before I made my complaint, I would have been well past the deadline for filing a complaint.
The paperwork that I received was redacted to the nth degree. There is a lot of good information contained in the documents, but a lot is missing as well.
I know for example that two different investigators spoke with Fred Cunningham during the second portion of the CFNIS investigation. I know that Fred was refusing to be interviewed if the interview was recorded. He also didn’t seem to want to attend the CFNIS detachment on base.
I also know that the CFNIS basically regurgitated the 2011 CFNIS investigation and fed that back to the Alberta Crown again. It became very apparent that no matter how many other witnesses came forward with complaints against P.S., the the CFNIS were going to keep all of our complaints separate.
You do have to understand, the CFNIS and the Provost Marshal are not protecting P.S.. The CFNIS and the Provost Marshal are doing everything within their power to ensure that the Canadian Public never discover that the Canadian Armed Forces were having the exact same problem with their Catholic clergy that the various civilian archdiocese were having. Captain McRae wasn’t the only service member charged with sexual acts involving children in the Catholic clergy in the Canadian Forces. Canadian Armed Forces Corporal Donald Joseph Sullivan was another, along with Canadian Armed Forces officer Brigadier General Roger Bazin.
And there are probably many more who were never charged due to the 3 year time bar in the pre-1998 National Defence Act, or the summary investigation flaw that also existed in the pre-1998 National Defence Act.
There is one aspect of my current complaint that concerns me is that most of the personnel involved with the investigation of my complaint against P.S. have moved on to other endeavours. Some have been “released” while some have “retired”.
I had a conversation with a lawyer a few days ago. Another one of these ex-JAG lawyer types.
I’ve had calls with these ex-JAG lawyers before. And this call, just like the others before it got off on the wrong foot.
See, Captain McRae was never supposed to have been given a courts martial for Gross Indecency, Indecent Assault, and Buggery. So, when someone like me calls up claiming that the military conducted a courts martial for a Captain charged with sexual crimes against children these ex-JAGs obviously think that I’m some fucking nut making bullshit claims against the Canadian Armed Forces.
And that’s more or less how this call went.
For the last eight years, all the way from Halifax N.S. to Victoria B.C., ex-JAG lawyers have basically given me the same brush off. Captain McRae could not have been prosecuted by Courts Martial as crimes such as rape, gross indecency, indecent assault, bugger, invitation to sexual touching, sexual interference, etc, were ALWAYS handled by the civilian courts, never the military tribunals.
And previously, all I ever had was newspaper stories referring to the courts martial. I never had anything in concrete.
Well know I have a copy of CFSIU investigation report DS-120-10-80 which clearly states that Captain McRae appeared before a courts martial to answer for the charges of Gross Indecency, Indecent Assault, and Buggery.
I have Department of Justice paperwork that clearly referres to the courts martial of Captain Father Angus McRae.
I also have copies of back and forth communications between the Office of the Information Commissioner of Canada referring to the courts martial of Captain Father Angus McRae.
I sent copies of some of these documents off to the lawyer.
These documents changed things.
The lawyer’s reply back was probably the most detailed and concise response that I’ve had to date.
The lawyer explained that criminal case notwithstanding, my ability to make a civil claim against the babysitter, Mr. P.S. actually expired long ago. Criminal code matters have no “statute of limitations”. Civil claims do. My legal guardians, acting on my behalf, would have had to initiate a civil claim against Mr. P.S. years ago. I could have possibly argued in court using my social service records as evidence that my guardians at the time were unfit and were not acting with my best interests in mind. But the time frame for that claim would have been 2011 to 2013.
So far as initiating a civil claim against the Minister of National Defence. The Crown Liability and Proceedings Act has a limitation period of 6 years.
This is why when Mr. P.S. sued the Minister of National Defence in 2001 he had to state in his claim that “due to counselling, he had just become aware of the effect the abuse had on his life”. By making that statement in his claim, Mr. P.S. reset the countdown timer to March of 2001.
In 2011, I became aware of the effect that the abuse at the hands of Mr. P.S., and possibly Captain McRae had on my life, and the psychological scarring that I suffered due to the forced conversion therapy I endured at the hands of Canadian Armed Forces officer Captain Terry Totzke in the period of 1980 to 1983. Therefore the time for me to bring an action against the Minister of National Defence expired in 2017.
The lawyer did mention that those members of the Canadian Forces who were suspected of being homosexual and who were subsequently booted out of the military during the ’60s, ’70s, and ’80s would have run out of time to file a civil action against the military long ago. Moreover, those members of the Canadian Forces who were suspected of being homosexual and who were subsequently booted out of the military prior to 1985 could never bring a Section 15 charter challenge against the Canadian Forces as the Charter did not exist prior to 1985. Even though the government could have blocked the lawsuit, it didn’t. The lawyer said that this was more than likely for political reasons.
The lawyer did mention that I could approach the MPCC and ask for a review of the current CFNIS investigation.
This I actually did last year and the review is ongoing. Remember though that during a review the MPCC does not have the power to subpoena documents, nor does it have the power to subpoena witnesses, nor can it administer oaths. The MPCC can only accept documents from the CFNIS. The MPCC cannot question the veracity of those documents. And if the statement of former MPCC chairman Glenn Stannard is to be believed, the MPCC has never been given access to the policy guidelines or manuals that govern to operation of the Canadian Military Police Group and therefore the MPCC has no idea of the documents that it should be requesting.
Because of the shortcomings of an MPCC review, I did request that the MPCC conduct and inquiry into the CFNIS investigation. The MPCC declined this request.
It should be noted that the Deputy Commander, Colonel Martin Laflamme, of the Canadian Forces Military Police Group / Professional Standards refused to conduct a review as requested. In his reasoning for directing that no review be undertaken, Mr. Laflamme leans heavily upon the flawed 2011 MPCC review. The initial 2011 MPCC review found in favour of the CFNIS. However, bear in mind that I was unable to view any of the documentation that was supplied to the MPCC by the Canadian Forces Provost Marshal until AFTER the MPCC had reached its decision.
An interesting thing about Mr. Laflamme’s response to me is that my complaint was far more than just a complaint about a “verbal debrief”.
The lawyer suggested approaching the Canadian Forces Ombudsman. The lawyer did mention something that I’ve been aware of since 2012, and that is that the Ombudsman cannot review anything that occurred prior to 1998. 1998 is the date that the Canadian Forces Ombudsman was created. The lawyer explained that the Office of the CF Ombudsman was created by ministerial authority and not by statute like the Military Police Complaints Commission.
The Military Police Complaints Commission is unable to review any military police investigation that occurred prior to 1998. This I believe is for a few reasons. The first reason is that the MPCC was created in 1998. The second reason is the existence of both the “Summary Investigation Flaw” and the “3-year time bar flaw”. The third reason is that the military justice system as it was before the reforms of 1998 via Bill C-25 was so broken that the MPCC would be eternally bogged down reviewing each and every questionable decision made by the pre-1998 military justice system.
How broken was the military justice system prior to 1998? Look no further than the Somalia fiasco. Or look at the Captain Father Angus McRae fiasco. Same broken justice system.
The Minister of National Defence can request that the CF Ombudsman look into matters that occurred prior to 1998, but there are limitations to what the Ombudsman can do.
For example, the Ombudsman cannot investigate the military police or the military justice system. However, the Ombudsman could look at tangential issues.
I have contacted the Office of the CF Ombudsman numerous times since 2012, the most recent being June 22, 2019.
My complaint involves the Canadian Forces Military Police and the Canadian Forces Special Investigations Unit, therefore it cannot be looked at by the CF Ombudsman (nor by the MPCC for that matter). However, as the lawyer inferred, and as Mr. Lick has stated, the Minister of National Defence, Harjit Sajjan, has always had the authority to request that the CF Ombudsman review any pre-mandate matter.
The problem with Harjit Sajjan is though, he was a career soldier. He’s not going to shit in the bed that he sleeps in considering that his military career launched his political career.
The CF Ombudsman is appointed by the Minister of National Defence. The Minister therefore may be inclined to appoint an Ombudsman whose ideology aligns with that of the Minister.
In 2013 the Ombudsman received numerous complaints about the 1974 Valcartier grenade incident in which 6 teenagers were killed and 62 more were injured due to the negligence of a member of the Canadian Armed Forces who allowed a live grenade to be handled by teenagers. The Minister of National Defence at the time was Rob Nicholson. Mr. Nicholson requested the CF Ombudsman review this matter, even though the matter fell far outside the legal mandate of the CF Ombudsman.
I have no doubt in my mind that the only reason why Mr. Nicholson called on the CF Ombudsman to review the Valcartier cadet matter is that Mr. Nicholson had no tangible connection to the Canadian Armed Forces.
The CF Ombudsman noted that the cadets fell into a “legal void”. As they weren’t members of the Regular Forces, and as they weren’t civilian employees, they were unable to receive any matter of compensation from the Canadian Forces or the Federal Government. What the CF Ombudsman found most alarming is that the members of the Canadian Forces who were wholly responsible for this incident did in fact receive compensation for their injuries related to this event.
The entire Ombudsman’s report can be downloaded here:
So, where does this leave me, or any other person who as a child was sexually abused on a military base in Canada?
Going through the courts would be an obvious waste of time. The Crown Liabilities and Proceedings Act pretty well slams the door shut. The fact that the Canadian Armed Forces and the Department of National Defence have no culpability for anyone who was injured on a Defence Establishment if that person was not a civilian employee or a member of either the Regular force or the Reserve force also places any type of civil action outside the realm of possibility. I think that the inability to bring any manner of legal action against DND or the Government of Canada is the primary reason why child sexual abuse on the bases in Canada has been unheard of to date.
It’s not that child sexual abuse didn’t occur, it’s that the courts offer absolutely no remedy. Don’t forget, Mr. P.S. setteled with the Minister of National Defence. There was no court award. There never could be a court award. However, the Department of National Defence and the Department of Justice felt that it was better to settle with Mr. P.S. than to risk the public humilation of a trial where all of these shortcomings would be aired in public.
What would the public think if it became public knowledge that Angus Alexander McRae could not be sued by Mr. P.S. as Mr. McRae was an employee of the Department of National Defence at the time?
What would the public think if it became public knowledge that the Department of National Defence could not be sued for the actions of one of its employees which occured in military housing on a military base?
So a settlement was reached, DND admitted no guilt, Mr. P.S. walked away with some cash, and everything went away.
Public attention is about the only way that the Government of Canada or the Canadian Armed Forces and the Department of National Defence are ever going to be coerced into owning up to what happened.
The real question is, will the media get on board, or will the media sit back and wait for the Minister of National Defence or one of their minions to announce that there was in fact a problem?
The attitudes of society in general towards male victims of child sexual abuse has always been less than desirable.
Males have always been seen to be the instigators of sexual assaults and never the victims of sexual assaults. If a male was he victim of a sexual assault, it was becuase he was weak, or defective, or even a budding homosexual.
Under the criminal code as it was prior to 1985, the charge of “rape” only applied to males having intercourse with females. In Canada, rape was never a crime that could apply to males.
Male teens have always been an outlier if you will. Most laws that involved an adult having sex with an underage male put the male child at almost equal fault with the adult perpetrator.
“Ralph was arrested, Jimmy was released on probation into the care of his parents”
And let’s be clear. Ralph isn’t a normal homosexual. Depending on how old Jimmy is, Ralph is either an ephebophile, a hebephile or a pedophile. And yes, heterosexuals can be ephebophiles, hebephiles, or pedophiles
This was the attitude towards male victims of child sexual abuse in the ’60s. The Canadian Armed Forces have always been about 20 years behind civilian society. Canada, for the most part, decriminalized homosexuality in the ’70s. In 1973 the APA, the American Psychiatric Association, removed homosexuality from the list of mental illnesses. It would take the Canadian Armed Forces until 1994 before it stopped discriminating against homosexuals and ceased treating homosexuality as a mental illness. So yeah, almost 20 years behind the times.
I can undertand why society may be more protective of females. They’re the ones that risk getting pregnant. Sure, boys can’t get pregnant, however they can suffer just as much psychological damage as females can.
Being blamed for the abuse causes issues of self worth.
Being shamed into silence causes trust problems.
The child will sometimes have great difficulty understanding why one adult enjoys sexual touching while other adults will be repulsed and disgusted.
Many times, in small closed communities, the abused child is seen as defective, that there is in fact something wrong with the child. This also happens in a large open community to a certain extent, but in the civilian world the possibility that two neighbours work for the exact same employer are pretty slim. The idea that everyone on the same block works for the same employer is even less likely. And the idea that everyone in the same town or city works for the same employer is just about impossible. There are numerous articles that look at the merits and shortfalls of “Company towns”.
It would turn out that I wasn’t the only dependant from CFB Namao that was prevented from attending activities such as hockey or basketball or swimming. And I would imagine that this same attitude prevailed on most of the other bases in Canada.
Canadian Forces Administrative Order 19-20 formed the policy for how the Canadian Armed Forces were to deal with suspected homosexuals. CFAO 19-20 was in force until 1994.
The Canadian Forces Military Social Workers that sexually abused male children were put in contact with on the bases would have been expected to deal with Canadian Forces service members as per the policy of CFAO 19-20. And yes, CFAO 19-20 didn’t apply to military dependants, but there is no way that the military social workers were going to switch off their military training when dealing with sexually abused male children.
The Criminal Code prior to 1985 had a charge called “Buggery”. Buggery is one male having anal intercourse with another male. The odd thing about buggery is that it was a charge in which both parties were considered to be equally culpable. It was implied that buggery had no victim. Usually though, the police would only prosecute the party that was over the age of 18.
Trying to define the jurisdiction of the CFNIS and the military police is about as easy as trying to nail jello to the wall. Sadly, this is more to do with the failure of Parliament to close the holes in the National Defence Act than anything else.
In 1987, the Crown of Canada took a man by the name of John Patrick Nolan to the Supreme Court to try to have his lower court appeal overturned.
The Crown argued that military police are “Peace Officers” and therefore can arrest anyone at anytime. The Supreme Court squashed that.
In the Supreme Court of Canada case Regina v. Nolan, the Supreme Court of Canada declared that the Canadian Forces military police are not a secondary civilian police force and have no jurisdiction over civilians except for when enforcing regulations that specifically apply to civilians located on Defence Establishments. I have attached a copy of Regina v. Nolan below.
Some key points of Regina v. Nolan are this. ” The military policeman had no authority under s. 2(f)(i) of the Code to demand that the accused provide a breathalyzer sample. That section, which prescribes that “peace officer” includes “officers and men of the Canadian Forces who are appointed for the purposes of section 134 of the National Defence Act “, does not extend the authority of military police to act as “peace officers” throughout a province and in relation to all residents of a province, duplicating the role and function of the civil police. Section 2 of the Code serves only to grant additional powers to enforce the criminal law to persons who must otherwise operate within the limits of their statutory or common law sources of authority. In the case of military policemen, the purposes of s. 134 are clear: the section provides that they may exercise authority over persons subject to the Code of Service Discipline. That is the full extent of the grant of power. Section 2 (f)(i) must be construed, therefore, as extending to persons appointed for the purposes of s. 134 of the National Defence Act the additional authority to enforce the Criminal Code , but only in relation to persons subject to the Code of Service Discipline. “ -and- ” The authority to demand that the accused provide a breathalyzer sample can be derived in this case, however, from the definition of “peace officer” in s. 2(f)(ii) of the Code. Section 2 (f)(ii) establishes that “officers and men” of the Canadian Forces are peace officers when “employed on duties that the Governor in Council, in regulations made under the National Defence Act for the purposes of this paragraph, has prescribed to be of such a kind as to necessitate that the officers and men performing them have the powers of peace officers”. Under s. 22.01(2) of the Queen’s Regulations and Orders for the Canadian Forces, made under the National Defence Act for the purposes of s. 2(f)(ii) of the Code, military policemen have the powers of peace officers when they perform any lawful duties “as a result of a specific order or established military custom or practice” when those duties are related to certain matters including the maintenance and protection of law and order and the protection of property or persons. Here, the officer had authority under the Government Property Traffic Regulations to enforce the applicable speed limits against a civilian driving on the base and, having stopped him for the purposes of enforcing the speed limit, the officer derived further authority from s. 28(1) of the Defence Establishment Trespass Regulations. This section, which applies to persons not subject to the Code of Service Discipline, prescribes that a military policeman is “authorized to arrest without warrant any person found committing any criminal offence … on or with respect to any defence establishment or whom on reasonable and probable ground he believes to have committed such offence . . . .” A military police officer who has clear statutory authority to enforce the law and who is sent out on a patrol on a base is abiding by “established military practice” in fulfilling his role by attempting to enforce the law and he meets the conditions imposed by s. 22.01(2). Therefore, when s. 22.01(2) of the Queen’s Regulations and Orders for the Canadian Forces is read with s. 28(1) of the Defence Establishment Trespass Regulations, the arresting officer was a peace officer within the meaning of s. 2(f)(ii) of the Code and he was entitled to invoke the statutory authorization of s. 235(1) of the Code. The fact that the accused was arrested outside the military base did not deprive the military policeman of his authority. Given the instantaneous police warning to the accused to stop his vehicle and the detention immediately outside the gates of the base, there was such a clear nexus between the offence committed on the base and the detention off the base that the military police retained their status and authority as peace officers. “
Long story short, the military police only have jurisdiction over civilians when they are enforcing very specific regulations. Those two regulations are the Defence Establishment Trespass Regulation and the Government Property Traffic Regulation.
The following document is one of many that would seem to throw a monkey wrench into the workings of the military justice system so far as it having jurisdiction over civilians.
Here, the Canadian Forces are admitting that they don’t have jurisdiction over all civilian offences committed by civilians on Defence Establishments. For the CFNIS to claim jurisdiction over a civilian for having committed a criminal code offence on a Defence Establishment, the CFNIS would have to have arrested the civilian within a certain period of time after the offence occured, and within a certain distance from the base. Mr. P.S. molested me from 1978 until 1980 on CFB Namao which is just north of Edmonton. Mr. P.S. currently resides in Fort Erie, Ontario. The distance between Edmonton Garrison, AB and Fort Erie, ON is 2786 km. I think that 30 years and 3k km is stretching CFNIS jursidiction to the extreme.
Another interesting document that casts doubts on the arrest jurisdiction of the CFNIS is the following from CFPM 2120-4-0. This document originated in 1998, just after the creation of the CFNIS. This document was re-issued to all bases and units in 2006.
Pretty Straightforward, right? Wrong. In December of 2015, when I realized that RCMP Inspector Akrum Ghadban was not going to be involved in the second phase of the investigation into my complaint against Mr. P.S., and that he was stepping aside to let the CFNIS run their show, I filed a complaint with the “Civilian And Complaints Commission for the Royal Canadian Mounted Police”. The CCC-RCMP found in favour of the RCMP. But for a rather interesting reason.
Basically, unless the CFNIS offer an investigation to the outside civilian authorities having jurisdiction, the RCMP cannot insist that the CFNIS hand over the investigation.
On February 9th, 2015, I had a telephone conversation with Lt. Col. David Antonyshyn of the Office of the Judge Advocate General. In this conversation Mr. Antonyshyn stated that “domestic matters that occur within the PMQs” are always pushed to the outside civilian authorities. Mr. Antonyshyn also stated that the CFNIS do not have sole jurisdiction on the bases for Criminal Code matters, they have at most concurrent jurisdiction.
In 2014, Madame Marie Deschamps was tasked with reviewing the military police, including the CFNIS, to see how they were dealing with sexual assaults amongst service members. Her report was very damning of the defective military justice system. More importantly, her report was accepted by the Chief of Defence staff as being valid and true.
The full report of the External Review Authority is available here:
Even though Lt. Gen. Christine Whitecross insists that matters involving children and cadets (12 to 18 year olds) are handed off to the outside civilian authorities, and even though CFAO 2120-4-0 says that offences in which the offender is a civilian will be “offered” to the outside civilian authorities, and even though Madame Marie Deschamps stated in her review that offences involving civilians are referred to the outside civilian justice system, and even though Lt. Col. David Antonyshyn states that domestic matters are always handed off to the outside civilian authorities, the CFNIS in my case held on to jurisdiction in a matter of a civilian teenager sexually abusing a civilian child.
This problem arises due to the loosey-goosey language in the National Defence Act. The National Defence Act says who the military police have jurisdiction over. However, the National Defence Act does not state who the military police do not have jurisdiction over.
And that’s a very dangerous precedent.
Basically, the CFNIS chain of command can choose on a case by case basis who they have jurisdiction over and who they don’t have jurisdiction over.
And that leads to the possibility of all sorts of political interference.
I’ll be willing to bet you dollars to donuts that had Mr. P.S. not been anointed the sole victim of Canadian Armed Forces officer Captain Father Angus McRae in July of 1980, and had Mr. P.S. not gone on to sue the Office of the Minister of National Defence in March of 2001, and had the Office of the Minister of National Defence in November of 2008 not accepted General Legal Liability for the personal injuries that Mr. P.S. suffered at the hands of a Canadian Forces officer, I firmly believe that the CFNIS would have handed my matter off to the RCMP in Morinville.
However, as the Office of the Minister of National Defence accepted General Legal Liability and admitted that the sexual abuse that Mr. P.S. endured caused him personal injuries, it could be argued that those personal injuries suffered by Mr. P.S. caused Mr. P.S. to act out his abuse on younger children living on Canadian Forces Base Namao. Therefore, a matter like this would have possibly exposed the Office of the Minister of National Defence to further civil legal action brought forth by the numerous other victims of Canadian Armed Forces officer Captain Father Angus McRae.
So, it should be of no surprise to anyone, that the CFNIS would have kept this investigation away from the civilian authorities. After all, the civilian authorities have no fealty to the Office of the Minister of National Defence.
Remember, there has to be a reason why the CFNIS edited a statement that was given to them by Mr. P.S. in 2011.
Now, compare what Mr. P.S. stated to Sgt. Hancock with what Sgt. Hancock in turn submitted to the Alberta Crown.
I wonder why CFNIS investigator Sgt. Robert Jon Hancock felt the need for the Alberta Crown to not know that Mr. P.S. considers that the military has handled things for him.
And I don’t know about you, but I’m really curious to know just what exactly the military handled for Mr. P.S., who is a multi-time convicted child molester. And more importantly, why is the military handling things for child molesters?
One of two horrific flaws in the pre-1998 National Defence Act.
Before I go too far into the details of what happened on Canadian Forces Base Namao in the years of 1978 until 1980, I’m going to first examine two historical flaws in the National Defence Act that greatly impact the ability of the Canadian Forces to investigate historical child sexual abuse that occurred on the military bases in Canada prior to 1998. These flaws may actually interfere with modern day CFNIS investigations.
1998 is an important year in that this was when Parliament passed Bill C-25 “An Act to make Amendments to the National Defence Act”. Legislative Summary LS-311E accompanied Bill C-25.
Per the Library of Parliament web page: Legislative Summaries Legislative Summaries are non-partisan, concise analyses of bills. They are prepared for government bills concerning new initiatives or changes to existing legislation and for significant private members’ bills and Senate public bills.
In layman’s terms, a Legislative Summary is a detailed overview of the contents contained within a Bill without all of the legalese that goes along with a Bill.
I became aware of LS-311E and Bill C-25 quite by accident in April of 2014. I forget exactly what I had been searching for at the Law Library at the Supreme Court of British Columbia, but I came across Legislative Summary LS-311E.
This section of LS-311E talks about removing the “3-year” time bar from the National Defence Act.
This is what the time bar actually looked like in the 1985 National Defence Act.
This is what the time bar looked like in the 1970 National Defence Act.
And this is what the time bar looked like in the 1950 National Defence Act.
Subsection 2 relates to Mutiny, Desertion, AWOL, or any service offence for which the punishment was death.
What are “Service Offences?” Service Offences include Offences Punishable by Ordinary Law, which in simple terms means criminal code offences.
Under the Criminal Code of Canada, indictable offences have no statute of limitations. However, the National Defence Act, via Section 60 from 1950 until 1970, and Section 59 from 1970 until 1998, placed a three year statute of limitations on ALL Criminal Code of Canada matters that were enumerated into the National Defence Act by Section 130.
This means that offences such as Gross Indecency(157-1970), Indecent Assault(156-1970), Buggery(155-1970), Sexual Interference(151-1985), Invitation to Sexual Touching(152-1985), Sexual Exploitation(153-1985) which have no statute of limitations under the Criminal Code of Canada, do in fact have a statute of limitations under the pre-1998 National Defence Act.
From 1950 until 1985, the Canadian Forces could not hold a service tribunal for the crimes of Murder, Manslaughter, and Rape. And from 1985 until 1998, the Canadian Forces could not hold a service tribunal for the crimes of Murder, Manslaughter, and Sexual Assault.
It must be pointed out that in the pre-1985 Criminal Code of Canada, Rape was a crime that could only be committed against females. Males could never be the victim of rape under the pre-1985 Criminal Code of Canada. Even at that, Rape was rarely the preferred charge when a female child was sexually assaulted. This means that the Canadian Forces could hold service tribunals for the crimes of Gross Indecency, Indecent Assault, and Buggery. And this also meant that the 3-year time bar applied to these crimes.
Sexual Assault(271), Sexual Assault with a Weapon(272), and Aggravated Sexual Assault(273) in the 1985 Criminal Code of Canada are completely separate charges from Sexual Interference(151), Invitation to Sexual Touching(152), and Sexual Exploitation(153). This means that while the Canadian Forces may have been precluded from conducting a service tribunal for Sexual Assault, Sexual Assault with a Weapon, and Aggravated Sexual Assault, there was absolutely nothing preventing the Canadian Forces from holding a service tribunal for the crimes of Sexual Interference, Invitation to Sexual Touching, and Sexual Exploitation. The problem with this is that the three year time bar applies to all pre-1998 instances of Sexual Interference, Invitation to Sexual Touching, and Sexual Exploitation, which all just happen to be offences that apply only to child victims.
And I know that this 3-year time bar actually impacts the ability of the Canadian Forces National Investigation Service to conduct modern day investigations.
I had asked Mr. Tenaschuk about the possibility of investigating the former base commander of Canadian Forces Base Namao to see whether or not he committed the offence of “obstruction of justice” during the investigation of his immediate subordinate, Captain Father Angus McRae.
“Obstruction of Justice” is an indictable offence under the Criminal Code of Canada.
The response that I received from Mr. Tenaschuk confirms that basically any criminal code offence that occurred on a base in Canada prior to 1998 cannot be investigated due to the 3-year time bar that applies to ALL service offences which occurred prior to 1998.