Sexual Assault & Sexual Misconduct in the CF

[jollyjacktar]

Here we go again.

Canadian soldier in custody after secret recording device found in U.S. home

A Canadian Forces corporal who had been assigned to the Canadian embassy in Washington is facing charges of sexual assault and possession of child pornography after a covert recording device was discovered in the home of another Canadian military member serving in the U.S.


A military police spokesman said Friday the soldier is in custody in Gagetown, NB.

The recording device was discovered in the Washington-area home of a Canadian Forces member in January. That, in turn, led to an investigation that has resulted to numerous charges.

The Canadian Forces National Investigation Service charged Cpl. Colin McGregor on Wednesday. He faces charges of sexual assault, voyeurism, interception, breaking and entering, as well as possession of property obtained by crime, theft, transmission of an intimate image, possession of a device for surreptitious interception, and possession of child pornography.

The charges have not been proven in court.

McGregor is currently working at 5th Canadian Division Support Base Gagetown, NB.

McGregor, who is with the Canadian Army, had been a resource management support clerk with Canadian Defence Liaison Staff in Washington, DC.

After the discovery of the covert recording device, officers with the Canadian Forces National Investigation Service, with the assistance of local police, searched McGregor’s home in the U.S. and seized several electronic devices, said Navy Lt. Blake Patterson, a spokesman for Canadian military police. Recordings found on these devices included video of an alleged sexual assault against a member of the Canadian military at Canadian Forces Base Esquimalt, BC in 2011. 

In May 2016 McGregor was selected with other military personnel to represent the Canadian Forces in the U.S. Memorial Day Parade. He also served at least one tour in Afghanistan.

McGregor faces a possible court martial at a date and location still to be determined.

He is currently in custody in Gagetown, Patterson said.

The Canadian Forces National Investigation Service is not providing details about the gender of the alleged victims, other than to say they are adults.

The Canadian Defence Liaison Staff are located at the Canadian Embassy in Washington. Their mission is to promote successful Canada-US defence relations.

http://www.msn.com/en-ca/news/canada/canadian-soldier-in-custody-after-secret-recording-device-found-in-us-home/ar-BBB5Zdn?li=AAggv0m&ocid=iehp

 

[The Bread Guy]

Reminder:  The Charter says all are presumed innocent until proven guilty "according to law in a fair and public hearing by an independent and impartial tribunal" - none of this proven in court at this point​

And the info-machine's version ...

On May 10, 2017, the Canadian Forces National Investigation Service (CFNIS) charged a member of the Canadian Armed Forces with sexual assault, voyeurism and related offences under the Criminal Code of Canada.

The charges stem from the discovery in January 2017 of a recording device at the private residence of a Canadian Armed Forces member near Washington, D.C.

The accused, at that time, was a resource management support clerk with Canadian Defence Liaison Staff (Washington). CFNIS investigators, with the assistance of local police, searched the home of the accused and seized several electronic devices. Recordings found on these devices included video of a sexual assault against a Canadian Armed Forces member at Canadian Forces Base Esquimalt in 2011. 

Corporal Colin McGregor, now based at 5th Canadian Division Support Base Gagetown, New Brunswick, faces multiple charges under the Criminal Code of Canada, punishable under section 130 of the National Defence Act. Charges include sexual assault, voyeurism, interception, and breaking and entering, as well as possession of property obtained by crime, theft, transmission of intimate image, possession of a device for surreptitious interception, and possession of child pornography.

The matter is now proceeding in accordance with the military justice system for possible court martial at a date and location still to be determined.

Anyone who has knowledge related to this investigation is asked to contact the Canadian Forces National Investigation Service at: 1-888-812-3647.

 

[kratz]

from CTV.ca:

Wilks sentenced for sexual assault, breach of trust
CTV London
Published Thursday, May 25, 2017 4:55PM EDT 
Last Updated Thursday, May 25, 2017 6:02PM EDT 


A former military medic has been sentenced to nine months for sexual assault and three counts of breach of trust, stemming from incidents in London and Windsor.

James Wilks, 57, was sentenced by court martial Thursday in London.

Wilks was found guilty in February of one count of sexual assault and 15 counts of breach of trust for conducting inappropriate breast exams at several Ontario military recruiting centres.

Wilks, a petty officer second class who is now retired, was found not guilty on four other counts of breach of trust.

Wilks lost his appeal last Friday of 2013 convictions of 10 sexual assault and 15 breach counts. He was sentenced to 30 months on that conviction. His nine-month sentence will be served concurrently with his 30 months.

Wilks, whose job mainly involved the medical screening of military recruits had complaints against him filed by women in Thunder Bay, London and Windsor.

From 1984 until early 2011, Wilks worked as a medical assistant and medical technician at Canadian Forces recruiting centres.

 

[The Bread Guy]

Bumped with the latest from the CDS:

General Jonathan H. Vance, Chief of the Defence Staff, issued the following statement:

On May 9, 2017, I accepted the board of inquiry (BOI) report regarding Master Corporal (retired) Stéphanie Raymond. The Commander of the Canadian Army convened this BOI in January 2015 to investigate irregularities identified by my predecessor surrounding the determination of her grievances.

Today Colonel Josée Robidoux, Commander 35 Canadian Brigade Group, briefed Master Corporal (retired) Raymond on the report and its related issues, including:

    The institutional inability to grasp the profound impact of the events of 15 December 2011 on Master Corporal (retired) Raymond
    The failure to apply basic leadership principles in administering Master Corporal (retired) Raymond’s harassment complaint, including a lack of communication with her throughout the process and the absence of follow-up to ensure her well-being
    The recommendations of the BOI
    An overview of the Canadian Armed Forces’ action plan to implement the report’s recommendations

Many of the recommendations found in the report have already been implemented through Operation HONOUR, which is our commitment to eliminating harmful and inappropriate sexual behaviour in the Canadian Armed Forces. Through a comprehensive action plan stemming from the BOI recommendations, I have ordered the Vice Chief of the Defence Staff, the Commander Canadian Army and the Commander of Military Personnel Command to implement the recommendations as soon as possible.

Harmful and inappropriate sexual behaviour is unacceptable and undermines our operational effectiveness. I will do everything in my power to change our culture so our people can operate in an environment that espouses the values we carry as members of the profession of arms.

I want to thank Master Corporal (retired) Raymond for having the courage and tenacity to identify a series of failures by her chain of command, which were indicative of larger systemic issues. Because of the concerns she raised, we are now better aware of how tremendous an impact harmful and inappropriate sexual behaviour has on our people and we are taking decisive steps to ensure this type of situation does not reoccur. Her case is one of the reasons why Operation HONOUR exists and why I’m so dedicated to its purpose.

- 30 -​

More details in attached backgrounder/action plan.

 

[dapaterson]

Multiple sources are reporting LCol Stephan Popowych has been charged with sexual assault.  "The charge is in connection with a reported sexual assault against a civilian in Kingston in the fall of 1999, when the accused was a student at the Royal Military College."

http://www.cbc.ca/news/canada/ottawa/canadian-forces-officer-sexual-assault-1.4138269

http://ottawa.ctvnews.ca/national-defense-staff-officer-in-ottawa-facing-sex-assault-charge-1.3436091

http://www.quintenews.com/2017/05/military-officer-charged-sex-assault-studying-rmc/148738/

https://www.canada.ca/en/department-national-defence/news/2017/05/sexual_assault_chargelaidagainstofficerinottawa.html

 

[dapaterson]

A military inquiry has determined there was a failure of "basic leadership" in how the army handled a high-profile case of alleged sexual assault and harassment.

The internal investigation, released Tuesday, has made 25 recommendations for change. But the woman at the centre of the investigation says she doesn't believe the military is any safer for women than it was a few years ago.

Retired master corporal Stéphanie Raymond, who alleged she was raped by a superior and then drummed out of the army in 2013 for reporting it, was briefed on board of inquiry's findings.

http://www.cbc.ca/news/politics/military-sexual-assault-inquiry-report-1.4137854

 

[putz]

http://www.ctvnews.ca/canada/former-military-officer-says-she-was-sexually-assaulted-by-military-physician-1.3500640

A former Canadian Forces officer is frustrated with delays in the military justice system after she alleges she was sexually and physically assaulted by a military doctor. Twenty-one months after the allegations were brought forward, the physician continues to work within the military and the case still hasn’t reached trial.
The accuser, whom CTV News has agreed to not identify, says she was sexually assaulted after a work related event at a hotel in February 2015 by a Canadian Forces Captain who is a practising military physician. The alleged victim says the doctor harassed her for weeks after and physically assaulted her.
She is now speaking out over frustration with the military justice system and personal concerns about the doctor’s practice at a Manitoba military base.

 

[OldSolduer]

That narrows it down.

Does the Supreme Court ruling about the accused' right to a trial within a reasonable time apply here? FJAG needs to weigh in here.

 

[JesseWZ]

That narrows it down.

Does the Supreme Court ruling about the accused' right to a trial within a reasonable time apply here? FJAG needs to weigh in here.

Yes. Supreme Court Rulings apply to Courts Martial, however I'm not sure the ceiling has been reached or whether a defence delay application has been advanced. There is case law out there somewhere that defence is supposed to make their delay applications as early as they can in the process, so we'll see....

 

[Lightguns]

Jesus, Shilo again!!!  What is wrong with that base, the water, the air, what?  Including animals that the 7th or 8th sexual assault.

 

[FJAG]

That narrows it down.

Does the Supreme Court ruling about the accused' right to a trial within a reasonable time apply here? FJAG needs to weigh in here.

They definitely do apply.

:cheers:

 

[brihard]

That narrows it down.

Does the Supreme Court ruling about the accused' right to a trial within a reasonable time apply here? FJAG needs to weigh in here.

I caught that too. He was charged 20 July, 2016 so they're coming on a year. The Jordan decision gives them 18 months to get this trial done, with delays form the defense not contributing to the time elapsed. Six months is not a lot of time in the criminal justice system.

 

[PuckChaser]

Jesus, Shilo again!!!  What is wrong with that base, the water, the air, what?  Including animals that the 7th or 8th sexual assault.

Remember this is an alleged sexual assault. All we have to go on is one side of the story through the media. The accused hasn't had his day in court to answer the charges.

 

[dapaterson]

Other than his summary trial before the superior commander...

 

[FJAG]

Other than his summary trial before the superior commander...

I presume you mean the appearance before the superior commander to have a determination of jurisdiction made and an election for court martial made (if available).

Technically that's not a "summary trial" but a "pre-trial procedure" within a "summary proceeding". The "summary trial" would only start subsequently if the superior commander has jurisdiction and the case is one where the individual has elected not to proceed by court martial or is one of the offences where no election to CM is available.

Sorry. Sometimes I get a little anal about these things.  ;D

:cheers:

 

[dapaterson]

News reports say he was fined 500 for a bail violation at summary trial.  As a Capt, that could only be done by his superior commander.

Please forgive me for out analling a lawyer

 

[FJAG]

News reports say he was fined 500 for a bail violation at summary trial.  As a Capt, that could only be done by his superior commander.

Please forgive me for out analling a lawyer

I'm not that familiar with his case and didn't know about the bail issue; BUT, if he was fined for a bail violation, then that would be a separate matter than standing trial for the sexual assault and therefore PuckChasers admonition that "the accused hasn't had his day in court to answer the charges" was both correct and proper.

I therefore reject your "out analling" and stand by mine.  ;D

:cheers:

 

[putz]

I'm not that familiar with his case and didn't know about the bail issue; BUT, if he was fined for a bail violation, then that would be a separate matter than standing trial for the sexual assault and therefore PuckChasers admonition that "the accused hasn't had his day in court to answer the charges" was both correct and proper.

I therefore reject your "out analling" and stand by mine.  ;D

:cheers:

IMHO he got more at the summary level for the breech then he would have standing before a military judge for the breech.  I have seen it before where someone, facing similar charges, breeched multiple times (x5), appeared before a Military Judge (where it wasn't deemed that he should be held in custody turns--- out that breeches in the NDA are handled differently than civilian court surprise surprise) and then had all charges relating to the breechs dismissed at court martial.  To be fair though he did get 4 plus years in jail so there was that......   

 

[FJAG]

IMHO he got more at the summary level for the breech then he would have standing before a military judge for the breech.  I have seen it before where someone, facing similar charges, breeched multiple times (x5), appeared before a Military Judge (where it wasn't deemed that he should be held in custody turns--- out that breeches in the NDA are handled differently than civilian court surprise surprise) and then had all charges relating to the breechs dismissed at court martial.  To be fair though he did get 4 plus years in jail so there was that...... 

The civilian and military courts do handle them very differently.

In both cases an application for revocation of bail is very different from a charge for an offence based on whatever the act that breached the bail condition was.

Back many years ago, just after we pulled our troops out of Germany but before the base was fully shut down I was assigned to prosecute DND's first bail revocation application for an individual who was found guilty of a sexual offence on a minor and who was released on bail pending appeal and who, while on bail, was found in possession of drugs on two occasions.

In civilian courts the revocation application is a pretty straight forward summary proceeding that rarely takes more than fifteen minutes but under section 4 to QR&O 118 of the QR&Os, the crown's application to "cancel the direction for release for a breach of undertaking" shall be conducted as a court martial with all the applicable procedures etc available.

In my particular case we had set aside five days for the hearing in Germany but had to first contend with four days of pleas in bar of trial by the defence to find the whole process unconstitutional. They lost but we wasted time and I was barely able to get in as witnesses the two German customs officers who caught our boy at the border with hash coming back from Switzerland. We ended up having to finish off the hearing in Ottawa for four days (because by them most of my witnesses [except the US Army's drug analyst] and the accused had returned to Canada)

The one major difference between this hearing and a court martial was/is that the accused need only be found to have breached his undertaking on a preponderance of evidence (rather than beyond a reasonable doubt). When our guy's bail was revoked, he pulled his appeal and served out his time.

Again, I'm not familiar with the Shilo case. QR&O 118 applies to bail after a conviction by a court martial which I would think is obviously not the case here. There are provisions relating to pre-trial release from custody with or without conditions (QR&O 105) but again, those are procedural steps which are quite different from a new charge being laid for whatever the event that was considered the breach of condition was. Since there appeared to be a fine, there had to be a whole new charge.

:cheers:

 

[putz]

I'm just hoping that the review of the Military law/NDA that's being conducted can help correct situations like this and move more towards how civilian courts operate.