The country's military police watchdog is launching a high-level investigation into the force's former HR chief's alleged incompetent handling of his sexual abuse case.
Lieutenant-General Steven Whelan faced two military service offense charges in 2022 which were later withdrawn. One of them was related to an alleged inappropriate relationship with a subordinate.
Whelan's complaint to the watchdog claims the charges against him were “forced” due to improper interference from his chain of command. He also claimed that military police investigators handled evidence improperly and did not interview key witnesses.
Tammy Tremblay, chair of Canada's Military Police Complaints Commission (MPCC), called Whelan's allegations “significant” when she announced her decision to launch a public interest inquiry – the second-highest level of inquiry below public hearings.
“If proven, they could amount to a willful failure to properly investigate a serious allegation of sexual misconduct, possibly because the investigation was conducted with the intention of reaching a predetermined outcome,” Tremblay said. said in his statement.
This is the second inquiry of its kind before the commission involving senior military personnel who claim they were indicted due to flawed investigations and undue pressure.
The watchdog is also investigating a complaint filed by the former head of Canada's COVID-19 vaccine rollout campaign. Major-General Dana Fortin He was acquitted of sexual assault in a 2022 criminal case.
Whelan was removed from his post as head of the army's human relations branch in October 2021, while he was under investigation by the military police.
Military prosecutors accused Whelan in a military court martial last year that he gave a female service member a good score on her performance evaluation report in 2011 to prevent her from reporting “flirty” emails he sent her.
Whelan pleaded not guilty on fees. His lawyer, Philip Miller, argued during the court proceedings that Whelan erred by engaging in a “personal relationship” with a subordinate, but nothing sexual happened between them.
Whelan sued his accusers, the federal government, the chief of defense staff and other military officials in May, alleging they destroyed his career to score political points. He is seeking $10 million in damages. Miller said he received a motion to strike the claim from the government on Wednesday after the announcement of military police surveillance.
Miller also told CBC News Whelan is finishing up writing a book about the “wild story” behind his court martial.
Whelan will “pull no punches” and “name names,” Miller said, adding that the book will “make false allegations about who was in command and how the political players worked behind the scenes to remove him.”
Whelan's complaint to the MPCC made similar allegations, according to the watchdog's decision. Whelan claimed that his chain of command influenced military police investigations, which may have led to some “intentional” cases.
Whelan also claimed that military police failed to properly document interactions with the female complainant, did not ask leading questions during interviews and failed to properly investigate potential conflicts of interest of witnesses.
Whelan also accused the military of failing to properly investigate “media leaks” about his case to determine whether his rights had been violated during a military police investigation.
The allegations in his complaint have not been proven in court or tested by a military police station.
Tremblay said the seriousness of the allegations would have required a public hearing, which would have included subpoenas ordering the military to release documents. She said it would be quicker and better serve the public interest to investigate without a hearing, but she could change her mind if there isn't enough “voluntary cooperation” from the Canadian Armed Forces.
Miller said he was pleased the commission was looking into what he called “abusive process allegations.”
“It's clear that the commission has expressed some frustration with receiving information from the military police, so we look forward to seeing how well the Canadian Armed Forces support them,” Miller said.
CBC News has asked for comment from the Canadian Armed Forces and has not yet received a response.
Whelan is still serving in the military but is “not working in an official capacity and is navigating his release from the military,” Miller said.
Military police investigations can take years. Once this is completed, the final report will be released to the public.
