Remius said:
Ok, thanks. I was just trying to get context.
Agreed. But I think it will take a decision to drop charges or a not guilty finding to start the fire.
You cannot drop charges that have not been laid yet. And mark my words, none will. The file is allegedly in the hands of the prosecutors now to review and decide whether to lay charges or not. They won't: Any prosecutor worth its salt knows damn well that there is no evidence whatsoever on one of the essential element of the offence: personal gain. The Admiral has gained nothing and has nothing to gain from the alleged actions, if they even took place.
And the fact that no charges are being laid is part of the Admiral's legal quandary. Until they are, he has no access to any of the evidence. Once they are, then he would have to be given everything that has been accumulated by the RCMP to make his defence, including any exculpatory evidence. In the present case, that means that all the evidence relating to the civil servant who allegedly also had access to the info and could have leaked it but was never suspended or investigated would come out, raising even more question on the political side of things, not to mention that the whole matter of why, how,
and to which extent, the deliberations of the Privy Council (the Cabinet) and any or all documents prepared for it are,
or ought to be, considered secret and therefore protected
under the Criminal Code would then come out before the Courts. Trust me, the government does not want to open that can of worms which is very politically charged (because if they were found to be so covered, any "leaks" by members of the government to journalists would be equally criminal and anyone, including the members of the opposition, could file a complaint with the RCMP, who would have to investigate).
Now, the Admiral is currently under the effect of an administrative decision of the CDS that may itself have some holes in it. But what to do? The normal way would be to file a redress of grievance, but who would hear it? The CDS who made the original decision? Or do you go to his superior, which happens to be the Governor-General! I don't think she would agree to hear such a thing or that her office is set up for that. So civilian review? That would be my choice: bring the whole matter of the appropriateness of the CDS' decision to the federal Court acting in administrative review of the CDS' action. But first hurdle: establishing that such a hearing is even possible - i.e. that it is permitted in law under the circumstances.
Difficult situation in all cases, but of course, it would not look good on the Government to try and argue before a court that the most senior members of the CAF are not allowed the same legal protection as all other members of the CAF where administrative impropriety occurs. But arguing that is not beneath our governments, unfortunately.