Major Bourque pleaded guilty to one charge contrary to section 129 of the National Defence Act (NDA). Having accepted and recorded his plea of guilty with respect to the charge, the Court must now determine and pass sentence on the charge which reads as follows:
“Section 129 NDA
CONDUCT TO THE PREJUDICE OF GOOD ORDER AND DISCIPLINE
Particulars: In that he, on or about 11 April 2019, at Ottawa, Ontario, made comments that devalue females and female members of the Canadian Armed Forces.”
 The Statement of Circumstances filed in court reads as follows:
“STATEMENT OF CIRCUMSTANCES
1. At all times material to this case, Major Bourque was a member of the Regular Force of the Canadian Armed Forces. In April 2019, he was employed as the Senior Staff Officer Integration for the Planning and Policy Development team at what was then called the Canadian Armed Forces Strategic Response Team - Sexual Misconduct (DG CSRT – SM), now known as the Directorate Professional Military Conduct – Operation HONOUR (DPC – OpH).
2. Major Bourque received this posting as the result of a competitive process. His duties and responsibilities included representing the organization to five organizations/teams: the Operation HONOUR Tracking and Analysis System, the Research Coordination and Performance Measurement team, the ICCM-led Defence Team Healthy Workspace Tiger Team, to the Training and Education Team, and to Public Affairs.
3. On April 11, 2019, on a walk to a Tiger Team meeting, Major Bourque and CPO1 Wilcox ran into a female colleague who is a Major. Following their encounter, he made inappropriate comments about her sexuality. He further commented that her knowledge and leadership abilities were not to the standard of a field officer.
4. From there, Major Bourque’s comments turned into a general critique about how the system is unfair and caters to the advancement of females in the CAF.
5. Later on that day, in a car ride with CPO1 Wilcox and WO Foulds, Major Bourque continued with his diatribe about women in the military stating that they are pushed ahead into command positions at a faster rate because of their sex/gender.
6. Major Bourque’s behaviour left WO Foulds and CPO1 Wilcox in shock and disbelief. They were offended that Major Bourque felt as if they had similar opinions to his. Furthermore, his inappropriate comments are not conducive to their work environment; both have stated that they have felt uncomfortable working with him since that day.
7. Following a Unit Disciplinary Investigation, it was determined by Col Raymond - Director of DPC-OpH - that Major Bourque’s inappropriate behaviour and comments had degraded trust and affected team cohesion within the unit. He was subsequently re-assigned to his current position at CJOC headquarters, subjected to remedial measures, and ultimately, charged with one count under s.129 of the National Defence Act for Conduct to the Prejudice of Good Order and Discipline.”