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Sexual Assault & Sexual Misconduct in the CF

Infanteer said:
Sounds like the Service Ontario building I had to go to to get...everything.
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It can be a crapshoot. Both the one in my former town and my new town are quite good. Another in a nearby city that I had to deal with are legendarily awful. Thankfully, you can do a lot online now.
 
Navy_Pete said:
It's a really good thing we turned cases over to the civilian courts who are much better resourced then we are, so can take on the extra case load.
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Are you questioning the judgement of a retired Supreme Court Justice, because it sounds like you are questioning the judgement of a retired Supreme Court Justice….
 
Navy_Pete said:
It's a really good thing we turned cases over to the civilian courts who are much better resourced then we are, so can take on the extra case load.
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angry homer simpson GIF
 
If you read the ENTIRE LGen Whelan decision, which for some god forsaken reason I did, the judge implies, without out right saying it, that the military may have transferred the case to the civilian court knowing that the time spent on the military would not constitute a delay defence, and would therefore contribute to the overall time in a section 11(b) application, the implication being that while the military could have let this case stay within military lines, they chose to transfer it to the civilian side in the hope that the case would get thrown out under a section 11(b) application for taking too long to conclude.

I wonder if there will be something similar when the report comes out from this case...
 
Lumber said:
If you read the ENTIRE LGen Whelan decision, which for some god forsaken reason I did, the judge implies, without out right saying it, that the military may have transferred the case to the civilian court knowing that the time spent on the military would not constitute a delay defence, and would therefore contribute to the overall time in a section 11(b) application, the implication being that while the military could have let this case stay within military lines, they chose to transfer it to the civilian side in the hope that the case would get thrown out under a section 11(b) application for taking too long to conclude.

I wonder if there will be something similar when the report comes out from this case...
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Are you talking about a different case? The charges against LGen Whelan stayed within military lines as it was conduct unbecoming and was just dropped due to unlikelyness of a conviction when the email evidence wasn't allowed in.
 
Navy_Pete said:
Are you talking about a different case? The charges against LGen Whelan stayed within military lines as it was conduct unbecoming and was just dropped due to unlikelyness of a conviction when the email evidence wasn't allowed in.
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Ugh. So many cases lately! Yes I got them mixed up.

I was referring to R. v. Harrison.
 
Lumber said:
Ugh. So many cases lately! Yes I got them mixed up.

I was referring to R. v. Harrison.
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I don't think he was implying that at all, I think it was more questioning the claim that the prosecutors weren't influenced by the MNDs direction to transfer sexual assault case to civilian courts with no exceptions, and also that if they had kept it in military lines, would have gone to trial in the CM system due to the lower case load. About 20 months of the 29 month delay was over on the civilian court side (although the 11 month investigation, which sounds like they again didn't even interview the accused wasn't included in that, but think the MPs still got a kicking).

When the Arbour report first came out, there seemed to be a big reluctance on the civi side to take on any additional work, which seems reasonable if you already can't keep up with the deadlines due to workload.

I know the Jordan case was a forcing function, but doesn't seem to have actually resulted in any increased capacity in the justice system to get it done, with a lot of empty judge positions as well.
 
Navy_Pete said:
I don't think he was implying that at all, I think it was more questioning the claim that the prosecutors weren't influenced by the MNDs direction to transfer sexual assault case to civilian courts with no exceptions, and also that if they had kept it in military lines, would have gone to trial in the CM system due to the lower case load. About 20 months of the 29 month delay was over on the civilian court side (although the 11 month investigation, which sounds like they again didn't even interview the accused wasn't included in that, but think the MPs still got a kicking).

When the Arbour report first came out, there seemed to be a big reluctance on the civi side to take on any additional work, which seems reasonable if you already can't keep up with the deadlines due to workload.

I know the Jordan case was a forcing function, but doesn't seem to have actually resulted in any increased capacity in the justice system to get it done, with a lot of empty judge positions as well.
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We re actually dealing in less capacity than before.

When Jordan happened I was still in Alberta- there was supposed to be the implementation of mini-JP hearings for breaches of all types- to unclog the system.

Caught drunk breaching your undertaking- brought directly to JP mini-court to have your small scale breach dealt with. Things with very low jeopardy. The average breach results in no jail time and sometimes as low as a $50 fine- this isn’t high stakes stuff.

There was several good ideas that were meant to address Jordan with some of bill c-71 stuff to clear up some docket time away from hundreds and thousands of nuisance charges. They all fizzled out. “Covid”. Now we lose vast swathes of charges- some days the only thing accomplished in court is huge groups of charges being stayed.

Now we have less prosecutors, higher court file loads, less court dates….less everything and higher expectations.
 
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Results of my former boss. Charges stayed because the process took too long. I have mixed feelings about this. I greatly admired LGen Cadieux and loved working for him, but unfortunately this charge will continue to haunt him because there was no resolution by the justice system. When he said that they was no assault, I believe him, but the victim did come forward with allegations of assault that she believed happened and that he was the culprit.

videoPlayer

www.ctvnews.ca www.ctvnews.ca
 
Happy Guy said:
Results of my former boss. Charges stayed because the process took too long. I have mixed feelings about this. I greatly admired LGen Cadieux and loved working for him, but unfortunately this charge will continue to haunt him because there was no resolution by the justice system. When he said that they was no assault, I believe him, but the victim did come forward with allegations of assault that she believed happened and that he was the culprit.

videoPlayer

www.ctvnews.ca www.ctvnews.ca
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That's the problem with the CAF (maybe civilian side too?), you can make baseless allegations without proof and the accused name will be smeared over national media, their reputation ruined and career sidelined while the accuser gets to hide in the shadows. Look at that snowbird pilot who was accused of sexual assault, name all over media, cut from the team while the accuser, whether truthful or not, gets to walk away. I hope in this case if the pilot gets the case dismissed, the accuser gets their ass sued.
 
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