Defence minister pushes back on Admiral McDonald's plans to return as defence chief
Admiral Art McDonald is planning to return to his position as commander of the Canadian Armed Forces after military police opted not to charge him following an investigation into his conduct, though the Liberal government does not appear ready to welcome him back so soon.
McDonald stepped down in February as chief of the defence staff as a result of a Canadian Forces National Investigation Service investigation into an allegation of misconduct.
But in a statement released Wednesday, McDonald's legal team said the naval officer would be returning to the position after the nearly six-month investigation "exonerated" him.
"Given that it was his decision to step aside, it is now his decision -- indeed obligation -- to return to his duties," reads the statement issued by lawyers Michael Edelson and Rory Fowler.
"Admiral McDonald, who has long been recognized as a proven leader of culture change in the Canadian Armed Forces, will now return to his duties as chief of defence staff."
Prime Minister Justin Trudeau's office did not immediately respond to news of McDonald's plan to take back command of the military from acting defence chief Lt.-Gen. Wayne Eyre.
But Defence Minister Harjit Sajjan said he expects McDonald to wait, which could set up a battle between the Liberal government and its hand-picked military commander ahead of a possible federal election.
"My expectation is that Admiral McDonald will remain on leave while we while we review this situation," he said at a news conference in Vancouver Wednesday, adding he only learned about McDonald's plan a short time earlier.
"The position of chief of defence staff must always uphold the highest standard within the Canadian Armed Forces because of the responsibility of that position and the weight that it holds."
He went on to add that Canadians and the Canadian Armed Forces are being "very well served" by Eyre at a time when the military is helping battle wildfires in British Columbia, rescue interpreters from Afghanistan and other security challenges.
The Canadian Forces National Investigation Service announced the end of the probe into McDonald's conduct late Friday, saying they had decided there was not enough evidence to charge McDonald under either the Criminal Code or the military's disciplinary code.
McDonald's lawyers said in their statement that the fact military police couldn't find enough evidence to charge him even under the disciplinary code was evidence the allegation against their client was unfounded.
"The investigators, and the prosecutors who advise them, would have been conscious of the criticism that would arise if no charges were laid," Edelson and Fowler said.
"They had a compelling motivation to pursue charges, even on weak evidence, in order to avoid the very criticism that has now been levelled against them. The absence of any charges -- even under the Code of Service Discipline -- is indicative of the absence of blameworthy conduct. As the investigation revealed, the complaint was groundless."
The nature of the allegation against McDonald has not been publicly confirmed, but CBC has reported that it related to an allegation of sexual misconduct dating back to his time commanding a Canadian warship in 2010.
Global News has reported that navy Lt. Heather Macdonald, a navy combat systems engineer, came forward with the allegation against McDonald. Macdonald was quoted by Global on Friday as saying she was upset by the military police decision.
The Liberal government has faced calls not to reinstate McDonald, with some experts and victims' advocates questioning the decision to have military police, rather than civilian authorities, lead the investigation.
These experts and advocates have suggested this casts doubt on the veracity of the investigation, and that McDonald does not now have the moral authority to lead the military in changing its culture.
They also note chiefs of the defence staff are appointed by -- and serve at -- the pleasure of the government in power, suggesting the Liberals can easily replace McDonald.
Provost Marshal Brig.-Gen. Simon Trudeau defended the independence and professionalism of his military police officers in a statement announcing the end of the investigation into McDonald's conduct.
McDonald's legal team said the former Royal Canadian Navy commander, who took over as defence chief only five weeks before stepping down and has not previously commented publicly on the case, maintains his complete innocence.
They added that he co-operated fully during the investigation, and cited the need to respect due process in Canada.
"As has been cited during this investigation, `If we don't have due process, then all we have are witch hunts. That doesn't change the culture. It just makes it unfriendly for everyone," the statement reads.
"If there is a failure to respect `due process,' it imperils the very basis of the rule of law in either military or civilian domain."
McDonald took over as chief of the defence staff from now-retired general Jonathan Vance in January, weeks before Global reported allegations of sexual misconduct by Vance, who has since been charged with obstruction of justice.
On Feb. 24, McDonald voluntarily stepped aside until military police could investigate the allegation about his conduct.
The two investigations as well as the emergence of allegations of inappropriate misconduct prompted a fresh reckoning for the military when it comes to sexual misconduct in the ranks.
The Liberal government eventually tapped retired Supreme Court justice Louise Arbour to come up with recommendations for addressing the issue, though some criticized the choice to launch another review after several similar studies in the past.
The government also came under sustained fire for its handling of the allegations against Vance, one of which was originally raised by the military ombudsman to Sajjan in March 2018.
Meanwhile, Maj.-Gen. Dany Fortin is currently fighting the government in court for reinstatement as head of Canada's vaccine distribution campaign after he was abruptly replaced in May due to an allegation of sexual misconduct.
Fortin, who has maintained his innocence, has alleged the decision to replace him was politically motivated and denied him due process.
This report by The Canadian Press was first published Aug. 11, 2021.
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
Doctors ask Liberal government to reconsider capital gains tax change
The Canadian Medical Association is asking the federal government to reconsider its proposed changes to capital gains taxation, arguing it will affect doctors' retirement savings.
Keeping these exotic pets is 'cruel' and 'dangerous,' Canadian animal advocates say
Canadian pet owners are finding companionship beyond dogs and cats. Tigers, alligators, scorpions and tarantulas are among some of the exotic pets they are keeping in private homes, which pose risks to public safety and animal welfare, advocates say.
Prince William and wife Kate thank public for birthday messages for son Louis
Prince William and his wife Kate thanked the public for their messages which had been sent to mark the sixth birthday of their youngest son Louis on Tuesday.
She was the closest she'd ever been to meeting her biological father. Then life dealt her a blow
Anne Marie Cavner was the closest she'd ever been to meeting her biological father, but then life dealt her a blow. From an unexpected loss to a host of new relationships, a DNA test changed her life, and she doesn't regret a thing.
How quietly promised law changes in the 2024 federal budget could impact your day-to-day life
The 2024 federal budget released last week includes numerous big spending promises that have garnered headlines. But, tucked into the 416-page document are also series of smaller items, such as promising to amend the law regarding infant formula and to force banks to label government rebates, that you may have missed.
Which foods have the most plastics? You may be surprised
'How much plastic will you have for dinner, sir? And you, ma'am?' While that may seem like a line from a satirical skit on Saturday Night Live, research is showing it's much too close to reality.
'Catch-and-kill' strategy to be a focus as testimony resumes in Trump hush money case
A veteran tabloid publisher was expected to return to the witness stand Tuesday in Donald Trump's historic hush money trial.
Quebec farmers have been protesting since December. Is anyone listening?
Upset about high interest rates, growing paperwork and heavy regulatory burdens, protesting farmers have become a familiar sight across Quebec since December.
South Korean sentenced to 14 months in jail for killing 76 cats
South Korean man has been sentenced to 14 months in prison for killing 76 cats in one of the country's most gruesome cases of animal cruelty in recent years.
Local Spotlight
'I'm committed': Oilers fan won't cut hair until Stanley Cup comes to Edmonton
A local Oilers fan is hoping to see his team cut through the postseason, so he can cut his hair.
'It's not my father's body!' Wrong man sent home after death on family vacation in Cuba
A family from Laval, Que. is looking for answers... and their father's body. He died on vacation in Cuba and authorities sent someone else's body back to Canada.
'Once is too many times': Education assistants facing rising violence in classrooms
A former educational assistant is calling attention to the rising violence in Alberta's classrooms.
What is capital gains tax? How is it going to affect the economy and the younger generations?
The federal government says its plan to increase taxes on capital gains is aimed at wealthy Canadians to achieve “tax fairness.”
UBC football star turning heads in lead up to NFL draft
At 6'8" and 350 pounds, there is nothing typical about UBC offensive lineman Giovanni Manu, who was born in Tonga and went to high school in Pitt Meadows.
Cat found at Pearson airport 3 days after going missing
Kevin the cat has been reunited with his family after enduring a harrowing three-day ordeal while lost at Toronto Pearson International Airport earlier this week.
Molly on a mission: N.S. student collecting books about women in sport for school library
Molly Knight, a Grade 4 student in Nova Scotia, noticed her school library did not have many books on female athletes, so she started her own book drive in hopes of changing that.
Where did the gold go? Crime expert weighs in on unfolding Pearson airport heist investigation
Almost 7,000 bars of pure gold were stolen from Pearson International Airport exactly one year ago during an elaborate heist, but so far only a tiny fraction of that stolen loot has been found.
Marmot in the city: New resident of North Vancouver's Lower Lonsdale a 'rock star rodent'
When Les Robertson was walking home from the gym in North Vancouver's Lower Lonsdale neighbourhood three weeks ago, he did a double take. Standing near a burrow it had dug in a vacant lot near East 1st Street and St. Georges Avenue was a yellow-bellied marmot.