Crimes were committed.

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.

MPCC 2018-030
“X” is P.S., my babysitter from CFB Namao

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.

MPCC 2018-030

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.

Alberta Appeals Office decision letter
Alberta Appeals Office decision letter

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.?

No.

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.

1970 Revised Statutes of Canada, Chapter J-3, Juvenile Delinquents Act
Section 33

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).

April 12th, 2001
Edmonton Journal page B8

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.

Weird Phone Calls.

Every now and again I get weird phone calls related to my blog. The funny thing is, I haven’t really put my phone number out there.

Every now and again I get weird phone calls related to my blog. The funny thing is, I haven’t really put my phone number out there.

I don’t know who this person is, “unknown” number. But they sure had an interest in my blog postings about the MPCC.

This guy was adamant that when I made my complaint to the MPCC that I would have been allowed to view the CFNIS paperwork.

No matter how I explained to him that I did not see the CFNIS investigation paperwork until February of 2013 he wouldn’t believe me.

“What made you think that something was wrong with the investigation if you didn’t see the investigation paperwork” he asked.

I explained to him that my babysitter had his first criminal conviction for child molestation in 1984, two more convictions in 1985. And nine more convictions between 1985 and 2000. And for PO Morris to tell me on November 4th, 2011 that the CFNIS couldn’t find anything that would indicate that P.S. was capable of molesting the children he was babysitting, meant that something went wrong. I already knew about the $4.3 million dollar lawsuit between P.S. and the Minister of National Defence.

The caller interjected that just because P.S. had criminal convictions for child sexual abuse starting in 1984, this in no way automatically means that P.S. was guilty of molesting children prior to 1984. And to be fair to the mystery caller, my brother said the same thing to me back in 2013.

I explained to the mystery caller that if someone was convicted of raping a woman, and their modus operandi happened to match the modus operandi of the perpetrator in a couple of previous rapes that occured when this particular person happened to live in the vicinity of the two previous victims, you can be sure that the police would look into these matters. Sure, the similar modus operandi doesn’t mean that the three rapes were committed by the same person, but by the same token you don’t just discount any possible connection because they happened prior to the current conviction.

The mystery caller asked me why I didn’t bring this to the attention of the MPCC. I asked in response how could I when I had absolutely no idea what was done during the CFNIS investigation.

The mystery caller asked me if I was so certain that my father lied in his statement to the CFNIS why didn’t I say something to the CFNIS or the MPCC.

I tried to explain to the mystery caller that at no time during the 2011 CFNIS did the investigators ever ask me about anything my father had said to the CFNIS.

You would think that if someone said that they had been repeatedly molested for 1-1/2 years by a person acting as a babysitter, and then someone else countered and said that there never was a babysitter, that the investigators would want to follow up with the victim to understand this significant discrepancy. At no point in time in 2011 did the CFNIS ever call me to ask if I was certain that there was a babysitter.

The mystery caller then said that I should have told the MPCC about the lies in my father’s statement.

Again, I tried to expain to the mystery caller that I had no access to my father’s statement until 2013. By the time I read my father’s statement it was far too late to contest it. The CFNIS had my foster care records. I gave them a complete copy in August of 2011. They refused to consider them at all during the investigation. That means the CFNIS willfully ignored such things as:

Mr. Gill frequently contradicts himself from one meeting to the next.

Mr. Gill tells those he perceives to be in positions of authority what he believes they want to hear.

Mr. Gill brought his mother into the house to raise his children.

Mr. Gill uses work as an excuse for his frequent absences as a reason to not attend the family counselling sessions.

Robert was in the protective custody of Alberta Social Services and Mr. Gill had signed the paperwork placing Robert into the foster care system.

Mr. Gill told both Alberta Social Services and the Children’s Aid Society of Toronto that there was nothing wrong with his children, that the intense sibling rivalry between his two sons was just “boys being boys” and that the counsellors were no help at all.

The mystery caller was adamant that if this was in my foster care records, that the would have picked up on this.

I told the mystery caller that my father’s statement gave the CFNIS exactly what they wanted. According to my father, there was no babysitter in the house and that’s all the CFNIS needed.

I told the mystery caller that during the 2011 CFNIS investigation I was told repeatedly by the CFNIS investigators that there was no house fire at PMQ #26 on 12th street in the summer of 1980. It was suggested to me by various persons with the CFNIS in 2011 that the fire I was thinking of occured on 1986 and happened on CFB Griesbach, and that if I was wrong about this fire, maybe I was wrong about other things too. Maybe the babysitter didn’t molest my brother and I. Maybe it was a man who lived off the base. Maybe I was making this up.

The mystery caller wanted to know why I didn’t raise this with the MPCC if I was so certain that there was a fire.

I told the mystery caller that even though I was certain that there was a fire in the P.S. houseat #26 – 12th street that I had no proof that there actually was a fire. It was my word against that of the Canadian Armed Forces……. and why would the CF or the CFNIS lie about the fire? Again, it wouldn’t be until February of 2013 when I obtained the certified tribunal records that I would learn that the CFNIS had the Canadian Forces Fire Marshal records for the June 23rd, 1980 fire at PMQ #26 on 12th street and they knew that I had told the truth about the fire.

I really wish I knew who the mystery caller was.

Is he a member of the Canadian Forces, or maybe a reited member?

Is he another former military dependant that’s upset with the way that I’m slandering the Canadian Forces.

I don’t know.

“Anything he was involved in as a youth has already been handled by the military”

That one sentence has always stuck with me since I first read it when I obtained the Certified Tribunal Records from the Military Police Complaints Commission when I made my application to Federal Court in February of 2013.

The conversation between P.S. and Sgt. Robert Jon Hancock
From the Military Police Complaints Commisison
Certified Tribunal Records 2013

Sgt. Hancock had called Jack, the father of P.S. earlier in the day of August 9th, 2011 and asked Jack to have P.S. give him a telephone call. P.S. called Sgt. Hancock in the afternoon.

What’s interesting about this is not the part “he further indicated that anything he had been involved in as a youth had already been handled by the military”, nor the part “he furhter stated that if charges were brought against him a lawyer would be handling that”. What’s interesting is that only one of those two statements would be introduced into the brief sent to the Alberta Crown.

From the Certified Tribunal Records from the
Alberta Criminal Injuries Review Board
June 2019

There are two things that I find interesting about what Sgt. Damon Tenaschuck submitted to the Alberta Crown in 2018.

The first is that my father’s statement is still in there even though I had illustrated during the September 2015 interview with RCMP Inspector Akrum Ghadban that it was our grandmother raising my brother and I during this period of time. I also supplied to Mr. Ghadban the answers from my father’s written examination in which my father admits that there was a babysitter in the house, but that it was his mother who hired the babysitter.

Nowhere in the submission to the Alberta Crown is any mention of my foster care records which would indicate that my father’s statement didn’t actually reflect what family life was like in the Gill household back then.

But more interesting is what was removed from the record of the telephone conversation between Sgt. Robert Jon Hancock and P.S.. The statement “he further indicated that anything he had been involved in as a youth had already been handled by the military” was removed yet the statement “he further stated that if charges were brought against him a lawyer would be handling that” remained.

What was so controversial about that one statement that it needed to be removed. The second statement wasn’t removed, so that shows that the CFNIS weren’t trimming out superfluous excess for the sake of brevity. I mean, if P.S. was charged, a lawyer would be handling that. That’s how the criminal justice system works in this country, right?

Why did the CFNIS decide that the Alberta Crown didn’t need to know that the military has already handled things for a multi-time convicted child molester? It wasn’t as if P.S. had never been convicted of child molestation before.

And we know that our government often enters into some rather boneheaded deals with criminals.

I honestly don’t believe that I am the only person who has ever come forward with complaints against P.S.. I can only wonder how many of the charges that P.S. was subject to between 1985 and 2000 were due to other dependants from CFB Namao coming forward with their own complaints.We know that the Department of National Defence accepted General Liability for the damages that P.S. suffered at the hands of Captain McRae on Canadian Forces Base Namao. Would that also mean that anyone that P.S. was convicted of molesting could also bring their own civil actions against the Department of National Defence?

Is this why the CFNIS has bent over backwards to ensure that no charges would ever be brought against P.S. thereby ensuring that the Canadian Forces would not be breaking the terms of the settlement reached in November of 2008?

Another interesting item is this:

From the Certified Tribunal Records from the
Alberta Criminal Injuries Review Board
June 2019

In both 2011 and 2018 the CFNIS determined that there was “insufficient evidence” to lay charges which was supported by review conducted by the Alberta Crown.

So why througout 2018 was Sgt. Tenaschuk telling me he expected that charges would be laid this time?

Email between myself and Sgt. Tenaschuk

The investigation was all bullshit, wasn’t it.

Nothing more than theatre for the mind.

The illusion of justice while being nothing more than a perversion of justice.

DND and the art of hiding stuff

I might have the ear of a news reporter that is willing to look at my matter.

This reporter is more interested in some of the results I have recevied from the Department of National Defence in response to my various Access to Information requests.

The most recent results I recevied were from an Access to Information Request that I filed with the Department of National Defence in 2019.

In April of 2019, I had been contacted by the Office of the Information Commissioner of Canada. I was told by the OIC that DND had released documents to another party that were the same documents that I had been requesting since 2012 and therefore I should submit a new request for the exact documents that DND had just released.

The records that I had requested were for the July 18th, 1980 court martial of Captain Father Angus McRae.

I made an application for these documents on April 3rd 2019. DND acknowledged this request a few days later.

In July of 2020 I finally received the documents that I had requested.

This is the cover page of the documents.

The cover letter

The second page is a photocopy of the file folder from the office of the Judge Advocate General.

The coverpage of the Judge Advocate General file folder

The third page states that pages 2 to 266 are being exempted under the privacy act section 19(1).

Everything has been exempted to protect Captain McRae’s privacy, who has been dead since May of 2011.

So, basically, I recevied three worthless but very humorous pages from DND.

The interesting thing about this information is that a Toronto Star reporter had access to this information back in 1990 for a news story he was writing about Captain McRae having been busted for molesting more children at a Scarborough Ontario church.

Kevin Donovan, Toronto Star
Feb 11, 1990
Page A 14

Also, an instructor with the Canadian Forces College had access to these documents.

Dr. Chris Madsen
Canadian Forces College

So, why am I not being given access to McRae’s court martial records?

In plain and simple terms. There’s a coverup under foot.

The DND Access to Information Office, the Judge Advocate General, the Provost Marshal, the Canadian Forces National Investigation Service, they all work under the same minister.

This is the same minister that must be sued in any civil action brought against a current or former member of the Canadian Forces.

This is the very same Minister that asked me “What my angle was”, and “What game was I playing” when I went to speak with him in 2016 at his constituency office in Vancouver.

There is nothing in the language of the National Defence Act whch exempts the Judge Advocate General, the Provost Marshal, or anyone in the Canadian Forces Military Police Group from Section 83 of the National Defence Act.

Chapter N-5, Section 83
National Defence Act

What does this have to do with the refusal of DND to release the requested documents to me?

During the 2nd portion of CFNIS investigation GO2011-5754, the investigators with the CFNIS noted that although my name wasn’t mentioned in CFSIU investigation DS-120-10-80 they would ask me a series of questions to see if my answers matched details within CFSIU DS 120-10-80.

Excerpt from GO 2011-5754
The first report would be CFSIU DS-120-10-80 which commenced on May 12th, 1980
The second report would be the base military police investigation of P.S. for what he had been doing with younger children on the base.

I was never asked any questions.

The goal was never to connect me to P.S. or Captain McRae.

The goal was a “Dog and Pony Show” investigation that wouldn’t lead to any charges against P.S., but would give me the feeling that something had been done.

Yes, P.S. would never face a court martial. But you have to remember that at the start of this investigation back in March of 2011, Angus McRae was alive and well.

The CFNIS had to structure the investigation around the fact that even if P.S. were to implicate Captain Angus McRae, the Canadian Forces would never be able to bring charges against Captain McRae due to the 3-year time bar that existed pre-1998.

The Minister of National Defence, the Judge Advocate General, and the Provost Marshal do not want to establish that I or any other child from CFB Namao were involved with the P.S./ Captain McRae child sexual abuse scandal on CFB Namao.

The decision was made in 1980 to only charge Captain McRae with committing “Acts of Homosexuality” against P.S. as P.S. was the only boy above the age of 14.

14 was the age of consent in 1980.

And as was explained in the Court Martial Appeal Court ruling in the matter of Corporal Donald Joseph Sullivan vs. Regina, the Canadian Armed Forces have the right to conduct a court martial for “Gross Indecency”, “Indecent Assault”, and “Buggery” so long as consent could have been a consideration.

Regina vs. Sullivan
Court Martial Appeal Court of Canada

This implies that if consent wasn’t given, then the Canadian Forces couldn’t conduct a service tribunal. The matter would have to go before a civilian court. And in a civilian court, the Department of National Defence would have a much harder time throwing a “wall of secrecy” around the matter.

It must be remembered that at the time in 1980, 14 was the legal age that a child could consent to sexual activities.

1970 R.S.C. Chapter C-34
Criminal Code of Canada
Section 140 – Consent
Children under 14 cannot consent.

This is why the Chain of Command, according to Fred Cunningham, dropped all of the charges against McRae except for the charges related to P.S.. P.S. was the only boy over the age of 14. Instead of this being a matter of child sexual abuse, now this was a matter of “homosexuality”.

CFSIU Investigation DS 120-10-80

P.S., being the only boy over the age of 14 would have been the only one who could have possibly “consented”.

If the Canadian Armed Forces had tried to charge Captain McRae with molesting the children that were between the ages of 4 and 14 that both he and P.S. molested both individually and together, the Canadian Armed Forces would have lost the ability to conduct a court martial against Captain McRae.

The problem this posed for the Canadian Armed Forces is that Captain McRae was the first officer in the Canadian Armed Forces investigated for molesting children.

In a court martial, the Minister of Defence may allow the proceedings to be moved “in-camera” and thereby keep an embarrassing situation out of the media.

If the Canadian Forces had charged Captain McRae with molesting the children under the age of 14, McRae would have had to be prosecuted in civilian court.

To move a court martial “in-camera” is far easier than it is to try to move a civilian court case “in-camera”.

This also explains why the base military police and the Canadian Forces Special Investigations Unit were not allowed to call in the RCMP to deal with P.S..

If P.S. had been investigated and charged with molesting the children he had been babysitting, he would have been dealt with under the Juvenile Delinquents Act.

There was an odd section of the Juvie Act which allowed for the adult that contributed to the delinquency of a minor to be found guilty on summary conviction.

Section 33 Juvenile Delinquents Act

Had the Chain of Command in 1980 allowed either the base military police or the Canadian Forces Special Investigations Unit to call in the Royal Canadian Mounted Police to deal woth P.S., the Canadian Forces would have lost all ability to control the narrative of the eventual investigation into Captain McRae.

By keeping things “in house”, the Chain of Command knew they could keep a very embarrassing situation out of the local media.

The problem that created is that any of the children being molested by P.S. and Captain McRae would be forever denied acknowedlegment or justice.

40 years

During the July 30th interview at VPD headquarters, one of the investigators kept mentioning that this case would be tough due to the 40 years that have passed.

Well, this isn’t exactly true.

Former Canadian Armed Forces corporal Donald Joseph Sullivan was convicted in 2019 for molesting numerous boys from the Ottawa area in the mid ’70s.

Sullivan had been a boy scout leader when the Ottawa police in the ’70s started to get complaints.

Sullivan disappeared off the radar so to speak. The police couldn’t find him.

Turns out he had joined the Canadian Armed Forces.

However his stint in the Canadian Forces wasn’t enough to disaude him from molesting young boys.

In 1984, he was given a court martial for his assaults against the boys.

In 1985, he tried to appeal his conviction via the Court Martial Appeal Court of Canada.

The CMAC ruled that the Canadian Armed Forces had the legal right to conduct a court martial for the crimes of “Gross Indecency”, “Indecent Assault”, and “Buggery”.

The interesting thing about Sullivan’s court martial conviction is that it did not show up in his civilian records and was not taken into consideration during his sentencing in 2019.

When I brought Sullivan’s military convictions to the attention of the reporter covering the 2019 convictions, he passed this information on to the Ontario Crown.

The Crown was not too pleased to hear this.

Below are a sampling of historical child sexual assault cases from the 1970s and 1980s.

All I searched for was “canada man charged for sexual assaults in the 1970s”

1970’s sexual assault from group home

Group home sex assaults from the ’80s

Historic assault from the ’80s

Child sex assault from 1972

Hockey Coach from the ’70s

Teacher sex assaults from the ’70s

Vancouver swimming coach 1980s

1960s badminton coach

There’s the ongoing saga of Gordon Stuckless from Maple Leaf Gardens in the ’80s who to this day is still facing more charges as more adults keep coming forward.

There’s also the curious case of Kenneth Estabrooks from St. John, New Brunswick. Mr. Estabrooks died in the early 2000’s. After his death, numerous people came forward with complaints that Mr. Estabrooks had abused them while they were in his custody in the juvenile detention system.

The City of St. John hired a private investigator to look into these complaints. The investigator came to the conclusion that Estabrooks had in fact sexually abused well over 260 children that had been placed into his care.

Even though Estabrooks is long since dead, the city is facing numerous lawsuits and in fact is facing a class action lawsuit.

Estabrooks Class Action

So, why would the CFNIS make such a big deal about the fact that the abuses I reported occured from 1978 to 1980.

It’s obvious that smaller civilian police departments without the budgets or the manpower of the Canadian Armed Forces have absolutely no problem bringing charges.

If I had to guess, I would assume that the risk or potential for civil actions arising out of the actions of former employees of the Department of National Defence plays a major role in determining whether or not charges will be laid.

Again, the investigators with the CFNIS are still subject to the Chain of Command. There is no language in the National Defence Act which exempts investigators with the CFNIS from section 83 of the National Defence Act.

Yes, the CFNIS and the CFNIS investigators are supposed to be independent of the Chain of Command. But, there is no language in the National Defence Act that exempts the Provost Marshal, the Military Police Group, or the CFNIS from the Chain of Command.

A simplified outline of the Chain of Command in the CFNIS hierarchy is :

Minister of National Defence -> Chief of Defence Staff -> Vice Chief of Defence Staff -> Provost Marshal -> Commanding Officer CFNIS -> Regional Commanding Officer CFNIS -> CFNIS investigator.

In March of 2001, when my former babysitter, Mr. P.S. sued Angus Alexander McRae, P.S. was obligated to sue the Minister of Defence as at the time McRae abused P.S., McRae was a member of the regular force.

The Canadian Forces did accept legal liability for the abuse that P.S. had endured at the hands of Captain McRae on Canadian Forces Base Namao.

At the time of my Federal Court appeal in October of 2013, I didn’t have access to the Department of Justice paperwork from when the Department of Justice defended the Canadian Forces in P.S.’s civil action.

However, now that I have that paperwork, I know that a settlement was reached.

If the Canadian Forces National Investigation Service had brought charges against P.S. for the abuse he committed against myself, my brother, P.G., M.O., and the other 25 children that McRae and P.S. were known to have abused on CFB Namao from 1978 to 1980, this would have opened up a civil action Pandora’s box.

So, how will my matter with the “man in the sauna” conclude?

Well, first off the only witness to the abuse in the sauna was P.S..

Depending on how the CFNIS approach P.S., he may or may not be willing to talk.

Under the current Minister of National Defence, Harjit Sajjan, I can’t see the CFNIS being permitted to approach P.S. as a witness.

In 2011, when the CFNIS became aware of the direct connection between P.S., Captain McRae, and 5 distinct visits that P.S. had taken me on over to the chapel, the CFNIS outright refused to change the scope of the investigation from investigating P.S. as the main suspect to investigating P.S. as another victim of Captain McRae who had used P.S. to bring young children over to the chapel for McRae to abuse.

In the current investigation of the man in the sauna, it is apparent that whoever this man was used P.S.. Therefore P.S. is not a suspect in this investigation, nor should he be considered a suspect.

However, I have no doubt in my mind that the CFNIS will not be permitted to approach P.S. as a witness.

The CFNIS will approach P.S. in a manner guaranteed to make sure that he is as uncooperative as possible.

This way, when this investigation concluded, the CFNIS can shrug their shoulders and say “We tried, but 40 years is a long time, there’s nothing we could do” thereby ensuring that no civil actions can be brought against the Canadian Forces.

A Petition

Well, I finally have a sponsor for my petition.

Anyone who is a Canadian Citizen can sign this petition.

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

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

Actual Petition from the House of Commons website.

You can sign this petition by clicking the link below:

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

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

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

DND has nothing.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Again, here is the link to sign the petition

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

Sorry Brats, the story is dead.

As the headline says, today I received the official word from Global News that there is no interest in pursuing our story.

If I had to surmise why this is such a difficult story for the media to cover, I would have to say that it’s the ignorance that is inherent in the media.

The media for the most part are “Book smart and street dumb”.

The current reporter wouldn’t be the first one to state to me that if there had been a problem in the Canadian Forces, they would have heard about it by now.

We know for a fact that the Canadian Forces has had some rather dubious characters in its employ:
Colonel Russell Williams;
Brigadier General Roger Bazin;
Captain Father Angus McRae;
Corporal Donald Joseph Sullivan;
Blackmore;
Private Buckland;
Private Clabby;
Corporal Ryan;
2nd Lt. Sheehy-Tremblay;
Seaman Mitchell;
Corporal Turner;
The gang from Somalia;
And many, many more.
But these were the ones that weren’t quietly swept out of the military.

We also know from the report released by Colonel Tim Grubb in the aftermath of the Colonel Russell Williams fiasco that the review conducted by the Provost Marshal found a “disturbingly higher” incidence of child sex abuse in the defence community”

I asked the reporter I was most recently involved with if Colonel Tim Grubb’s report, along with the 3-year time bar, and the Summary Investigation flaw caused him to have any concerns. He said that he couldn’t see how these were related to one another.

The reporter that I most recently dealt with says that he recently filed an FOI request with DND asking DND how many members of the Canadian Forces were charged with child abuse.

Child abuse is not a crime. No, really, it’s not. And I don’t mean that it’s legal to abuse children. There is no Criminal Code offence called “Child Abuse”. So of course, DND is going to respond that it could find no records.

I told this reporter many times over that if he wanted to look for criminal convictions that he’d have to look for these charges using very specific terms such as “151 – Sexual Interference, 152 – Invitation to Sexual Touching, 153 – Sexual Exploitation” for crimes that occurred after 1985, and Gross Indecency, Indecent Assault, and Buggery for sexual crimes that occurred prior to 1985.

And even at that, DND didn’t start maintaining a database of offences until the early 2000’s. This means that if you wanted to look for sexual crimes committed against children prior to 1998, you’d have to search through every service member’s file held at the Library and Archives Canada. To do so though, you’d need the permission of either the service member or the service member’s next of kin if the service member has been deceased for less than 20 years.

And I know that DND is very deceitful with the information that it releases. Back in 2018 I filed an ATI with DND ” how many cases of child sexual abuse occurred pre-1998 and were brought to the attention of the CFNIS/MP/CFPM port-1998 and declined prosecution due to the 3-year time bar”. DND fought me on this first arguing that this would require them to create new records which they weren’t obligated to. The Office of the Information Commissioner of Canada became involved and DND finally released the information I requested. Or so it appeared. What clued me off that something was amiss was that CFNIS investigation GO 2011-5754 was absent from the release of documents. GO 2011-5754 was my complaint against P.S. that I filed in March of 2011.

What I did realize quickly is that DND had released to me a list of “Sexual Assaults”. Sexual Assault is a unique Criminal Code offence that does not include “Indecent Assault”, “Gross Indecency”, “Buggery”, “Sexual Interference”, “Invitation to Sexual Touching”, and “Sexual Exploitation”.

This is something that the media in Canada just can’t seem to wrap their heads around. The media seems to equate “no records can be found” with “no crimes were ever committed”.

I suggested to this reporter that if he really wanted to see just how big of a problem sexual crimes committed against children had been back in the days prior to 1998 that Global perhaps run some spots during its nightly news broadcasts asking viewers to call in to Global to report if they were ever the victim of child sexual abuse on a Canadian Forces Base. This doesn’t accuse the Canadian Forces or anyone with the Canadian Forces of having committed anything. It’s just a request for victims to come forward. Once the victims come forward, then you listen to their stories. Once you have their stories, then you pick a common theme. Once you have that common theme, then you start hammering away on DND until DND owns up to the skeletons in their closet.

Sitting around on your arse, waiting for the Minister of National Defence or the Chief of Defence Staff to come forward and say “Hey look, we had a problem, we fucked up”, is going to waste a lot of time.

If you want an organization like DND to respond, you need to crank up the heat and make it uncomfortable for them.

The media also seems to equate the lack of victims willing to go on record as an indication of their honesty. Many former brats that I’ve spoken to, whom came from dysfunctional families on base, are for the most part terrified of saying anything against the Canadian Forces. Then there are the brats who are terrified of saying anything out of fear of some of the members of the base brat groups on Facebook.

I know for a fact that a lot of the Facebook groups for base brats will censor my posts and will remove them. So no, the base brat groups cannot be viewed as being a cross section of typical former brats, as the views espoused in some of these groups are very sanitized.

I’ve been trying to garner media attention since way back in 2011 when I first learnt of the connection between my babysitter, P.S. and Canadian Armed Forces officer Captain Father Angus McRae.

The media see absolutely no conflict of interest with having a “police” organization such as the CFNIS conduct investigations which may subject their superiors to civil actions. There were 25 children who had been sexually abused on Canadian Forces Base Namao by Canadian Armed Forces officer Captain Father Angus McRae and his altar boy P.S.. McRae taught P.S. how to sexually abuse children. McRae encouraged P.S. to abuse children. McRae requested that P.S. escort children over to the chapel to be abused by both Captain McRae and P.S. after administering alcohol to the children.

P.S. sued the Minister of National Defence in March of 2001 and settled out of court in November of 2008 with the Minister of National Defence after the Department of National Defence accepted General Legal Liability for the personal damaged that P.S. endured at the hands of McRae. I can’t say if P.S. settled with the Archdiocese of Edmonton or the estate of Angus McRae, but I can’t see DND absorbing all of the costs when P.S. had named all three parties. If each party shared 1/3 of the liability, this means that P.S. walked away with close to $600,000.00. Not bad for someone who wasn’t as innocent as the Canadian Forces portrayed him to be back in 1980.

Because the Department of National Defence accepted legal liability, the chain of liability has well been established. If P.S. were to admit that (a) he sexually abused the children he was babysitter while he was 14 years of age and older, and (b) that he acted upon Captain McRae’s instructions and brought the children he was babysitting over to the chapel to be sexually abused by both Captain McRae and himself, the victims of both Captain McRae and P.S. would have a very simple time arguing in court that they were entitled to at least the same amount of compensation that the Department of National Defence agreed to compensate P.S.. Now, let’s say that there were in fact 25 children being sexually abused by Captain McRae and P.S.. And lets say that P.S. had been awarded the maximum that the Canadian Forces Director of Civil Claims and Liabilities is authorized to sign for, which is $200,000.00. That’s five million dollars in payouts at a minimum.

Why don’t I just sue the military on my own? Suing the military without a direct connection being established between myself and P.S. would be an extreme exercise in futility, especially seeing as how the 1980 CFSIU investigation established that P.S. was in fact the only victim of sexual abuse and that there were no other victims. This is also why suing P.S. for civil damages would be out of the question as well. Surely if P.S. had been molesting children and assisting Captain McRae with his devious schemes back in 1979 to 1980, the military police and the CFSIU would have handed P.S. over to the RCMP, right?

The media seems to like to think of the members of the CFNIS as being police officers just like civilian police officers. The CFNIS and the Provost Marshal operate completely different than any civilian police force. CFNIS investigators do not run their own investigation. SAPMIS, the record keeping system used by the military police is not secure. The investigator’s superiors running the investigation aren’t necessarily trained in law enforcement and may not even have training in the field of the investigation being undertaken. And more alarmingly, there are no provisions in the National Defence Act which exempt CFNIS investigators from section 83 of the National Defence Act. This means that investigators with the CFNIS are bound by the National Defence Act to obey all lawful commands of their superiors upon threat of life in prison for disobeying the lawful command.

The Chain of Command for the CFNIS looks kinda like this:
Minister of National Defence –>
Chief of Defence Staff –>
Vice Chief of Defence Staff –>
Provost Marshal –>
CFNIS commanding officer –>
CFNIS regional commanding officer –>
CFNIS investigator.

You can see why this is a bad arrangement and you can hopefully see why the CFNIS need to be disbanded. The RCMP, as troubled of an agency as they are, are completely outside of the command influence of the Canadian Forces chain of command.

The sad thing is that the media can’t see this conflict of interest.

In the next little while, I’m going to start naming all of the reporters that I’ve dealt with since 2011.

Global has shown no commitment.

CBC has shown no commitment.

CTV has shown no commitment.

And to be honest, media consolidation in this country has probably been the single largest contributing factor which explains the media’s lack of interest.

All I know is that these reporters and these news agencies are helping the Canadian Armed Forces keep their dirty little secrets hidden and buried in the past. I’ll be 49 in a few months. Statsically speaking, I have 20 years or so left to live So if it takes another 10 years to find a news agency willing to get off its high-horse and actually start doing some investigative work, I might be 65 by the time this story hits the headlines.

And that’s all the Canadian Forces and the Department of National Defence have to do is simply wait us out.

Most of the brats that lived on base during the ’50s are starting to pass on.

Next to go will be the brats that lived on the bases in the ’60s.

All DND has to do is wait until 2040 and most of the kids who were in their teens during the ’70s will start passing away.

By 2050 DND won’t have to worry about former sexually abused military dependants making noise.

There’s a reason why DND transferred control of the PMQs to an independent arms length agency in the 1990s

There’s a reason why the number of family PMQs on base are dwindling and why DND and the Canadian Forces are encouraging members to buy homes and live in the civilian world instead of in the PMQ patches on base.

There’s far too much liability and risk in running company towns. Especially when you’re the employer and you provide the security services.

The Fact That No Complaint Was Made After P.S. Moved Away Is Very Significant.

As I was reading through the August 13th, 2019 newspaper story from the Ottawa Citizen detailing the investigation that lead to the prosecution of Donald Joseph Sullivan for sexually abusing numerous children in the 1970s I couldn’t help but think back to a comment that was made by Alberta Crown Prosecutor Jon Werbicki when he declined to allow charges to be brought against an already multi-time convicted child molester.

The person that I made allegations against in March of 2011 wasn’t someone without any form of criminal record. P.S. had been arrested, prosecuted and convicted in Manitoba in 1984 for molesting an 8 year old boy. P.S. was then arrested and charged in the spring of 1985 for molesting a 9 year old boy on Canadian Forces Base Namao. P.S. was arrested and charged a short while later for molesting a 13 year old newspaper boy in Edmonton, AB. P.S. was convicted in August of 1985 for the crimes committed against both the 9 year old and the 13 year old.

For legal reasons, I have to blank out the name of my abuser.

P.S. had numerous convictions from 1985 until 2000 for various crimes including sexual assaults. His records are easily available though CPIC

excerpt from the MPCC review of GO 2011-5754

As I said, it wasn’t like I made allegations against some random rube off the street.

Alberta Crown Prosecutor Jon Werbicki actually said in his Crown Legal Review that he had submitted back to Sgt. Robert Jon Hancock on Tuesday November 1st @ 13:43 “The fact that no complaint was made to any party or a person in authority after <P.S.> moved away is very significant”.

As I’ve stated elsewhere, my father at the time practically lived in a bottle of rum. A psychologist hired by Canadian Armed Forces officer Captain Terry Totzke in October of 1980 to evaluate my family found that I was terrified of my father. This same psychologist also found that my father accepted no responsibility for his family; blamed others, including his own mother, for problems with the family; expected others to solve his problems for him.
My grandmother, who lived with us until the summer of 1981, wasn’t much better. She drank. A lot. She also had a temper that rivaled my father’s.
My stepmother blamed my grandmother’s drinking for enabling my father’s drinking.
This may be true to a point as my father started to dry out after his mother left our house.
However I don’t believe my grandmother’s drinking caused my father’s drinking. They both drank for very different reasons.

All of the issues with my family were laid out very succinctly in my foster care records which were given to the CFNIS in August of 2011, but which the CFNIS declined to include in their investigation. My foster care records did not offer any support to the narrative that the CFNIS were running with during this investigation, so they dropped it. However, the Alberta Crown was made aware of these reports, and still chose to stand by Werbicki’s determination that it was very significant that I didn’t tell anyone back then about the abuse.

When I made my complaint against Earl Ray Stevens, not once did the Ontario Crown chastize me for not having told anyone back when the assaults were happening. The Ontario Crown seems to realize that sexually abused children often keep their mouths shut.

The one thing the Ontario crown was concerned about was the possibility of Earl Ray Steven’s defence raising the issue of consent. When I was being abused by Earl, I was over the age of consent.

Donald Joseph Sullivan, in his position as a Scout Leader, abused numerous children during the 1970s. According to the Ottawa Citizen, he somehow escaped prosecution as an adult during the 1970s for the crimes he committed as a Scout Leader.

https://ottawacitizen.com/news/local-news/twisted-damage-inflicted-by-former-scout-leader-in-historical-sex-crimes-against-boys
https://ottawacitizen.com/news/local-news/twisted-damage-inflicted-by-former-scout-leader-in-historical-sex-crimes-against-boys

According to the Ottawa Citizen, in June of 2018 the Ottawa Police launched an investigation into Donald Joseph Sullivan for crimes that he had committed during the 1970s.

At no time did the Ontario Crown chastise the victims for not telling a “party or a person” of the abuse after Sullivan left Ontario and joined the Canadian Armed Forces where he’d end up molesting more children.

And one other interesting thing. The Ottawa Police went looking for more victims.

During my March 31st 2011 interview with CFNIS investigator Sgt. Robert Jon Hancock, I told Mr. Hancock that in addition to my brother and I, that I was aware of 4 other children that P.S. had molested. The CFNIS in 2011 deemed that it wasn’t relevant to look for more victims. I would learn in 2018 that even though other victims had come forward, such as P.G., the CFNIS brass decided that the existence of other victims would not be disclosed to the Crown as these other victims didn’t directly witness my abuse.

It’s almost as if the CFNIS are doing everything in their power to control the decision of the Crown.

https://ottawacitizen.com/news/local-news/twisted-damage-inflicted-by-former-scout-leader-in-historical-sex-crimes-against-boys

Now, it must be pointed out that my father did in fact know about P.S..
Anytime anything went wrong in our house, I was blamed by my father for what I had allowed the babysitter to do.
Captain Terry Totzke, the Canadian Forces military social worker that I was placed in the care of as a result of the “homosexual tendencies” I exhibited by having sexual relations with P.S. on CFB Namao obviously knew about the abuse.

Should I cut Jon Werbicki some slack?

The simple answer is no, and I don’t really care how upset his boss Orest Yereniuk becomes.

It’s common knowledge that the Canadian Forces Military Police and the Canadian Forces National Investigation Service have a less than stellar record when it comes to serious criminal investigations. The Fynes Public Interest Hearing and the Final Report of the External Review Authority speak to this. For the Alberta Crown to feign ignorance about the incompetence of the CFNIS beggars belief.

Even former Minister of National Defence and current Alberta premier decried the “incompetence” of the military police. And this was for an CFNIS investigation which shared numerous investigators and senior officers with the investigation into my complaints against P.S..

The incompetence of the Canadian Forces Military Police was well documented during the Somalia Inquiry.

Basically, the CFNIS would have trouble investigating their way out of a wide open field.

If I was a provincial Crown Prosecutor, I’d want anything brought to me by the CFMPG, the CFMP, or the CFNIS to be vetted and double checked by an outside civilian police agency.

And the way I look at it, if the Crown of any province is willing to put blind faith into any police agency no matter how questionable the record of the police agency is then the Crown deserves to wear its horrific and hurtful decisions.

Is there anything else that would cause the Alberta Crown to decline to press charges?

Mr. P.S. lives in Fort Erie, Ontario. I live in the lower mainland of British Columbia, the crimes occurred on a military base in Alberta. Guess who’s picking up the costs for this?

On top of this, P.S. would have to be prosecuted under the Juvenile Delinquents Act. Which means that he’d get bugger all for a sentence, but at least all of the victims of P.S. would be eligible to claim for damages.

And also, there’s the fact Alberta’s legendary tightness of the purse-strings created a court system that was so under funded for so long that a case like mine would have lingered at the bottom of the priority list.

And then of course, the recent Supreme Court of Canada ruling that says that a trial must occur within 18 months for a provincial court trial and 30 months for a more serious case heard in the Alberta Court of Queen’s Bench means that the Alberta Crown would be even less inclined to prosecute an older case like mine, often citing irrelevant b.s. as an excuse as opposed to just coming right out and saying that the cost isn’t worth it.

And what this creates is a warped justice system where people who were sexually abused as children in Ontario can receive justice, and people who were sexually abused as children in Alberta get told to not worry their pretty little heads.