Sexual Misconduct Allegations in The CAF
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Not entirely accurate.
Combatant Commanders have forces assigned to them, and US Doctrine actually has a command relationship for this: combatant command (COCOM). This USAF link is helpful - note the United States does not use the myriad of NATO command relationships that we use in Canada. They've simplified it to three. COCOM, OPCON, TACON.
https://www.doctrine.af.mil/Portals/61/documents/AFDP_3-30/3-30-D60-C2-Appendix-ComRels-Overview.pdf
Forces are assigned COCOM to combatant commands through the Global Force Management Implementation Guidance (GFMIG) which assigns, allocates, or apportions (these are three distinct relationships) formations from Services to the Combatant Commanders. For example, 2 Cavalry Regiment is a US Army unit, but is assigned COCOM to Cdr EUCOM. The Chief of Staff of the Army still retains Title 10 responsibilities to man, train, and equip the unit, but operational tasks belong to the Combat Commander.
Also, as I have stated before, there is no equivalency between a UCC and CJOC. A Combatant Commander answers directly to SECDEF/POTUS (national command authority) and is thus directly charged with strategic decision making. Comd CJOC has no such access, and conducts operational tasks and management based on strategic directives from the CDS, through the Strategic Joint Staff. The Canadian equivalent to a UCC is the CDS, served by the SJS.
McG
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Do we know that? The investigation did not find enough evidence that a criminal or CSD conviction was deemed likely, but that is not the same as exoneration. Unfortunately we don’t have a true professional disciplinary system to look at the circumstances and render a public decision on balance of probabilities. The CSD is modelled to be a criminal code lite, while remedial measures are basically a civilian HR approach.
OldSolduer
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Remedial measures are handy if they are applied correctly and with the intent of salvaging someone before they are completely fubarred. I seem to recall routine orders regularly published the names and punishments that were the results of orders parades. The ROs also published those that were released including those who were cashiered.
Personally I’d love to see the stocks and pillories returned.
Personally I’d love to see the stocks and pillories returned.
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Are you talking about summary trials or remedial measures (IC, RW, C&P)?
OldSolduer
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Summary trials. Remedial measures weren’t in vogue in the 70s other than C&P at least not that I was aware.
We had one soldier spend 200 days on confinement to barracks in a calendar year in 1976
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Summary Trials results are still published.
FJAG
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All true and correct. My comments were simply to disagree with the comparison of the unified structure of the CF to UCCs for the clear reason that you point out that each of the Army, Navy and Air Force retain service responsibilities for the tasked elements.
I wasn't stating an equivalency as between the CJOC and a UCC merely saying the nearest equivalency by virtue of the fact that UCCs, like CJOC, are joint force employers, and not generators. In fact one could say that they are the top levels of joint force employer for their respective countries.
We have quite different systems (which was my point in the first place). The US Chain of command runs from the President to the Secretary of Defence to each of the Combatant Commanders (amongst others) while ours runs from the Prime Minister (I'll leave aside the GG issue) to the MND to the CDS to CJOC. The key difference is that unlike in the US, our CDS has command of all the forces, both generators and employers. There is no US military equivalent to our CDS. The only one in the US who has that overarching responsibility is the Secretary of Defence. It's always difficult to make comparisons between the two systems, but to me its more like the CDS (with the SJS) and the MND together exercise the powers of the Secretary of Defence in that they jointly have overall leadership of all the forces, both generators and employers. That's why I see the joint force employer comparison between the CJOC and the UCC.
OldSolduer
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This. Does he have a point?
Blackadder1916
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From the linked article
"His lawyers argue McGregor essentially had diplomatic status while serving in Washington and that his home should have been protected from search and seizure."
From his court-martial decision. McGregor C.R. (Corporal), R. v. - Chief Military Judge
"On 14 February 2017, a search warrant was authorized by a magistrate to search the residence of Corporal McGregor, whose diplomatic immunity had been lifted for that limited purpose by the Head of Mission at the Canadian Embassy in Washington, DC."
And from his CMAC appeal decision R. v. McGregor - Court Martial Appeal Court
"[14] As a result, Lt. Rioux sought the assistance of the Alexandria Police Force for purposes of obtaining a search warrant to permit entry into and a search of, Cpl. McGregor’s residence and any electronic devices found therein. The Alexandria Police agreed to assist but advised they could not apply for a warrant due to Cpl. McGregor’s diplomatic immunity. As a result, Canada, via diplomatic note WSHDC-4086, dated February 14, 2017, from the Embassy of Canada to the American Secretary of State, waived Cpl. McGregor’s immunity with respect to his residence pursuant to article 30 of the Vienna Convention. However, Cpl. McGregor retained his personal inviolability and his immunity from arrest."
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No, Diplomatic privileges can be waived by the Home Nation for personnel in the Host Nation.
NIS along with LE here (or technically 27.3miles down the road from me) obtained the Search Warrant.
Accused was charged in Canada -- not here -- I am sure he didn't want to be charged here, but we would be willing to do it
Jurisdiction of persons with diplomatic protections and charged by home nations have been settled for years - so that is a no go for him.
Sexual Assaulter have the highest recidivism rates for crimes - better just flush the turd.
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I doubt it, based on Canada waiving his diplo immunity, which is within the right of Canada to do.
I am kind of surprised the Supremes even agreed to hear this. There must be an interesting point of law in there someplace.
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Are the filings with the SCC available to the public? I agree with @SeaKingTacco that there must be some interesting nugget of law there that the clerks reviewing the file flagged to the justices.
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It is definitely an odd one -
Original story on trial results -- I tried searching the CM - but didn't find it.
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I think it is the "diplomatic immunity" connotation....
Jarnhamar
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It's just been revoked!
-Roger Murtaugh, 1989
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Which was waived by the Chief of Mission based on the transcripts.
The individual does not hold the immunity - the country does, it is conferred to individuals from the country and its up to the country to use or, or waiver it depending on circumstances.
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It definitely should be interesting to see this play out.
Probably should have thrown him out a panel van to the VA State Troopers on the Beltway -- he'd still be cooling his heels in a Pen down here.
daftandbarmy
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Luckily there are a few good customs agents out there that protect the flock:
Ahmed Ressam
Ahmed Ressam (Arabic: احمد رسام; also Benni Noris or the Millennium Bomber; born May 9, 1967) is an Algerian al-Qaeda member who lived for a time in Montreal, Quebec, Canada.[1][3][4][6][8] He received extensive terrorist training in Afghanistan.
He was convicted in 2001 of planning to bomb the Los Angeles International Airport (LAX) on New Year's Eve 1999, as part of the foiled 2000 millennium attack plots.[9][10] He was initially sentenced to 22 years in prison, after cooperating with the government in testifying about al-Qaeda and associated terrorist networks. In February 2010, an appellate court held his sentence to be too lenient, and ordered that it be extended.[11] In October 2012, he was re-sentenced to 37 years' imprisonment.[12] He is serving time at ADX Florence in Colorado, US.
Ressam rented a dark green 1999 Chrysler 300M luxury sedan, and on the evening of December 13, Ressam and Dahoumane hid the explosives and all the related components in the wheel well in the car's trunk.[1][7][24] On December 14, they left Vancouver, traveling to Victoria, British Columbia. Believing that he would draw less scrutiny alone, Ressam sent Dahoumane back to Vancouver by bus.[1][10][16][22]
Ressam took the M/V Coho car ferry from Victoria to Port Angeles, Washington.[9][10] He successfully passed through U.S. Immigration and Naturalization Service checks in Victoria, and boarded the last ferry of the day for the 90-minute crossing to the U.S.[7][17][25]
After the ferry docked in Port Angeles at 6 pm, Ressam intended to be the last car to leave the ferry.[1][17][23] Although there had not been any intelligence reports suggesting threats, U.S. Customs inspector Diana Dean decided to have a secondary Customs search conducted of Ressam's car, saying later that Ressam was acting "hinky" and asked him to get out of the car.[1][10][26][27]
At first, Ressam was not cooperative.[1] Dean requested that he fill out a Customs declaration form, which he did, identifying as a Canadian citizen named Benni Noris.[9] He had a passport, Quebec driver license, and credit cards all in the Noris name, as well as another Quebec driver license with the same date of birth, but in the name "Mario Roig".[1] Royal Canadian Mounted Police later advised that the Mario Roig driver license was a fake, and did not exist on their records.[1]
This timer, built around a Casio f91w, the model bought by Ahmed Ressam, was captured in Afghanistan in the early 2000s.
Another Customs inspector searched the car and found in the spare tire well:
- ten green plastic garbage bags with 118 pounds (54 kg) of a fine white powder (which tests later identified as urea, used to manufacture explosives and fertilizer),
- two lozenge bottles filled with primary explosives hexamethylene triperoxide diamine (HMTD) and cyclotrimethylenetrinitramine (RDX),
- two plastic bags with 14 pounds (6.4 kg) of a crystalline powder (later shown to be aluminium sulfate, used primarily as a desiccant, to keep things dry),
- two 22-ounce olive jars with 2.6 pounds (1.2 kg) of golden-brown liquid (later identified as secondary explosive ethylene glycol dinitrate (EGDN), an extremely explosive and volatile nitroglycerin equivalent that is twice as powerful as TNT), and
- four operational timing devices designed to detonate primary explosives, consisting of small black boxes containing circuit boards connected to Casio watches and 9-volt battery connectors.[1][2][7][9][10][17]
He was arrested by the U.S. Border Patrol on charges of misrepresentation on entry and failure to be inspected, booked into the Clallam County Jail in Clallam County, Washington, and investigated by the U.S. Federal Bureau of Investigation (FBI).[1] Customs officials searching him and the car also found the phone numbers of Abu Doha and Meskini.[5][28][29][30] His fingerprints were analyzed by the Royal Canadian Mounted Police, who determined that he was "Ahmed Ressam", rather than "Benni Antoine Noris".[1]
An explosives expert concluded that the materials in his car could have produced a blast 40x greater than that of a devastating car bomb.[1][10] It was ultimately determined that he had intended to detonate the explosives at the Los Angeles International Airport.[9]
Ahmed Ressam - Wikipedia
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