Liability.

What could possibly be the reason that the CFNIS has been unable to bring charges against P.S. ?

Liability.

As I mentioned previously, if P.S. were to be criminally charged he would have to be charged under the Juvenile Delinquents Act (JDA).

The JDA didn’t really allow for any type of prison sentence for youths between the age of 14 through 18 as the JDA was more concerned with rehabilitation of the youth.

And as I’ve since learnt, children between the ages of 7 to 14 could be charged for criminal code offences, but to do so the Crown would have had to prove that the child knew right from wrong and understood the outcome of their actions.

P.S. has already had numerous convictions in his adult life for child sexual assaults. By facing more charges it’s not like he’s going to suffer any further loss of liberties or freedoms or further harm to his reputation.

The problem for the Canadian Forces is thus:

Captain McRae was found guilty by means of a courts martial for molesting P.S. on a defence establishment.

The Canadian Armed Forces and the Department of National Defence at the time were responsible for all aspects of security and access control to the Defence Establishment.

Captain McRae at the time of the abuse was a member of the Regular Forces and was subject to the Code of Service Discipline around the clock whether he was on-duty or off-duty.

If the CFNIS were to get serious about locating all of the children from CFB Namao who were sexually abused by P.S., how many children would they find? Would the Alberta crown still turn a blind eye if it became aware that P.S. had molested over a dozen children on his own?

We know that P.S. was abused by Captain McRae. Was P.S. abusing the children he was babysitting as a direct result of the abuse he was suffering at the hands of Captain McRae?

It is also conceivable that P.S. was either requested or coerced by Captain McRae into bringing younger children over to the chapel to be molested by Captain McRae and possibly P.S.

If P.S. had been charged and brought in for questioning and in his defence he made statements to the effect that Captain McRae had forced him to bring young children over to the base chapel to be abused, that opens up a whole new can of worms for the military, especially if it came out the the military police or the Canadian Forces Special Investigations Unit in 1980 were aware, or should have reasonably been aware that Captain McRae was forcing or inducing P.S. to bring children over to the chapel for Captain McRae’s pleasure.

I did raise the possibility of interference in the CFNIS investigation due to the potential for civil liability during my Judicial Review. And yes, the Justice did say that this wasn’t a valid assumption as I had no idea who the P.S. was in the Court of Queen’s Bench action against the Minister of National Defence.

However, as of July 2015, I have verification from P.S. himself that P.S. is the person who filed the $4.3 million dollar action against the Canadian Forces. P.S. would only confirm the action was his, but he would not speak to the settlement.

If P.S. was found in a court of law to have molested myself, my brother, P.G., D.O., S.O., M.O., J.P., and the other numerous John and Janes Does, would this establish a direct link between the victims of P.S. and the Department of National Defence by way of Canadian Armed Forces officer Captain Father Angus McRae?

With the laying of charges against P.S., linking the abuse we suffered at the hands of P.S. on CFB Namao to the actions of Canadian Armed Forces officer Captain Father Angus McRae would be a very trivial matter in much the same sense that P.S. was able to link the abuse he suffered on CFB Namao to the Minister of National Defence.

Right now, the Minister of National Defence and the Provost Marshal have more reasons than not to scuttle any investigation into P.S.

In November of 2008 the Canadian Forces Director of Civil Claims and Liabilities accepted General Legal Liability for the Personal Damages that P.S. had suffered as a result of his abuse on CFB Namao at the hands of Captain McRae.

If P.S. had been charged by the CFNIS for molesting children on CFB Namao, would P.S. have plead innocent due to the duress that Captain McRae had placed him under due to the sexual abuse that McRae was inflicting upon P.S.?

This would have opened up the path for civil actions to be brought against the Canadian Armed Forces, the Department of National Defence, and the Minister of National Defence by the victims of both P.S. and of Captain McRae.

Remember, in civil court you only have to prove your argument based on probability.

If P.S. had never been abused by Captain McRae, would the victims of P.S. have ever suffered sexual abuse on that base?

The children that lived on CFB Namao were there at the pleasure of the Canadian Forces. Everyone on that base who was subject to the Code of Service Discipline were employees of the Canadian Forces.

If we were abused by P.S. and as a result of the attitudes in the Canadian Forces that resulted from military policy CFAO 19-20 and the Canadian Forces tried to cure us of our apparent “homosexuality” by the use of conversion therapy, is the Canadian Forces further liable? Don’t forget, the social workers that we were paired up with were regular force members of the Canadian Forces who were subject to the Code of Service Discipline.

Without charges being brought against P.S., the Department of Justice could argue in civilian court that we had never been abused, that we were either just lying, or that we were confused.

The Department of Justice could further argue in court that only P.S. was sexually abused on CFB Namao as he is the only person that Captain McRae was ever charged with molesting. And surely if other children were being sexualy abused by Captain McRae, then the military police and the CFSIU would have obviously heard about that, right?

Neat how that works out, eh?

And then there’s the other problem.

The Catholic Clergy within the defence community.

The Canadian Forces deemed male-on-male child sexual abuse to be “acts of homosexuality”.

Captain McRae had been investigated for “acts of homosexuality” in 1973. That’s seven years prior to his conviction in 1980.

If it were found out that the Canadian Forces were moving the kiddie-diddling clergy around just like the civilian churches were doing from the ’50s to the ’90s, what repercussions would that have for the military’s public image, not to mention the odds of a successful civil action against the Canadian Forces?

The Department of Justice on behalf of the Canadian Armed Forces wouldn’t be able to argue that the Canadian Forces had no idea of what Captain McRae was capable of before they posted Captain McRae to CFB Namao. The Canadian Forces investigated McRae for “acts of homosexuality” in 1973 at RMC Kingston. Subsequently the Canadian Forces investigated and prosecuted Captain McRae for Acts of Homosexuality on CFB Namao in May of 1980.

Captain McRae’s court martial isn’t the only one that I’ve seen where the military refered to male-on-male sexual abuse involving persons under the age of 18 as “acts of homosexuality”.

If a pattern emerged which indicated that the Canadian Forces were moving known kiddie-diddlers around from one base to the next in the hopes that the problem would go away, would this make the Canadian Forces even more susceptible to civil actions from former military dependants whom were sexually abused in the walled-off company towns that the Department of National Defence ran across the country?

Respect the Federal Privacy Act my ass.
More like help the Canadian Forces avoid compensation lawsuits.

The Canadian Armed Forces obviously were concerned enough about the lawsuits being brought against the Catholic Archdiocese in Canada to change their rules to the point that they made it much more difficult for a victim of Canadian Forces military clergy to prove that they were a member of the Catholic church.

I was baptized at the base chapel on CFB Shearwater in Nova Scotia. The Military Ordinariate has never responded to my two requests.

And this isn’t by accident either. If I can’t prove that I was baptized, then why would I have any involvement with the church? When grandma came to live with us at CFB Summerside, she enrolled me in Sunday Bible school. While we were stationed at CFB Namao, Grandma took my brother and I to Sunday service every Sunday. I had my first communion at the base chapel on CFB Namao. I remember going into the confessional for the first time and talking to father McRae through the funny little window. McRae said one of his jokes and made me laugh. Even when we got punted down to CFB Greisbach, Grandma took my brother and I to Sunday service at the base chapel. After Grandma moved out, Sue promised my brother and I that we’d never have to go to church again. I don’t think my father was very religious at all. I can’t speak for my mother. And I really don’t think Sue was that much into religion.

How could the CFNIS have known anything about P.S. in 2011 when the abuse occurred back in 1978 through 1980? That’s the thing though. Sgt. Hancock knew about P.S. when Hancock interviewed me in March of 2011. Sgt. Christian Cyr knew about P.S. when Cyr talked to me on May 3rd, 2011.

A basic CPIC records check would have told the CFNIS quite a bit about P.S., but I don’t think this was the case in my matter.

In the information age, it would be very easy for the Canadian Forces to run some sort of database that sends alerts or flags when specific names are entered into their systems. A name like P.S. when entered into their CFNIS could be set to trigger alerts that tell the CFNIS to consult with the Judge Advocate General for example, or to contact a specific lawyer at the Department of Justice.

I don’t think that P.S. was bullshitting when he said to Sgt. Tenaschuk on August 11th, 2011 that “anything he had been involved in as a youth has already been handled by the military”. I think that by way of the out of court settlement reached with P.S. that the Minister of National Defence has agreed to handle things for P.S..

When I made friends with an RCMP Officer back in 2012, I gave this RCMP officer a copy of the Edmonton Journal newspaper article from 1985 which indicated that P.S. had been arrested and convicted in 1984 for molesting a boy in Manitoba, and that he had also been arrested and convicted in 1985 for molesting two boys, one on CFB Namao and one in the City of Edmonton. The RCMP constable ran P.S.’s name through CPIC. The RCMP officer wouldn’t say much more than that P.S. was on a sex offender’s registry, and that P.S. had numerous more charges and convictions between 1985 and the year 2000 for child sexual assaults, assault, and robbery.

P.S. tried to commit suicide in January of 2000.

This got me thinking. What if those child sexual assault charges weren’t new charges? What if the majority of charges related to Sexual Assault that P.S. faced between 1985 and the year 2000 were related to children from Canadian Forces Base Namao?

What if P.S. tried to kill himself because he realized that there were potentially so many children from CFB Namao that could possibly bring charges against him that he would never be free of the constant and ongoing investigations and charges?

Mr. P.S. lived on CFB Petawawa from the summer of 1980 until about 1985 when his father was posted back to CFB Edmonton. How many kids did he diddle on CFB Petawawa?

What if the Minister of National Defence, in agreeing to settle P.S.’s action out of court, also agreed that the military police would no longer bring charges against P.S. for assaults that P.S. had committed on CFB Namao?

Immunity Agreements are not unheard of. Procedures exist at both the Federal and Provincial levels.

Maybe it wasn’t an immunity agreement.

After all, members of the CFNIS are subject to section 83 of the National Defence Act and must obey the lawful commands of their superiors.

As was found during the Fynes Public Interest Hearing, investigators with the CFNIS do not run their own investigations. CFNIS investigations are directed and overseen by the chain of command.

Maybe it was just a good old fashioned order from somewhere up the chain of command that P.S. was not to ever be charged again for crimes that he committed on Canadian Forces Base Namao.

Maybe this was why the CFNIS were so eager to grab this case.

The CFNIS had absolutely no problem handing my complaint against Earl Ray Stevens over to the Toronto Police Service. The TPS was successful in bringing six charges of sexual assault against Mr. Stevens in a matter of weeks.

Why?

Mr. Stevens at the time he was molesting me was not an employee of the Canadian Armed Forces. The Canadian Armed Forces bear absolutely no responsibility for the actions of Earl Ray Stevens. If I wanted to sue Mr. Stevens, I would have to go after Mr. Stevens himself.

This is why the CFNIS were more than happy to let the TPS get involved and let the TPS bring charges against Earl. It was no skin off their teeth.

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.