Liberal government urged not to reinstate top military commander McDonald
The federal Liberal government is being urged not to reinstate Admiral Art McDonald as Canada's top military commander even though police did not lay any charges after a six-month investigation into an allegation about his conduct.
Prime Minister Justin Trudeau and Defence Minister Harjit Sajjan have not commented since the Canadian Forces National Investigation Service announced late Friday that they had decided there was not enough evidence to charge McDonald.
The government has not said whether McDonald will resume his duties as chief of the defence staff, a position he temporarily vacated in February as a result of the CFNIS investigation into an allegation of misconduct. At that time, he had been defence chief for only five weeks.
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.
Retired colonel Michel Drapeau, who is now a lawyer specializing in military cases, says the government must now decide whether to have McDonald return as commander of the Canadian Armed Forces, or have someone else fill the role.
Canadian Army commander Lt.-Gen. Wayne Eyre has been filling in as acting defence chief since February.
McDonald did not respond to a request for comment on Monday.
Drapeau noted chiefs of the defence staff are appointed by -- and serve at the pleasure of -- the government, meaning a decision not to reinstate McDonald will be unlikely to spark a successful lawsuit or other court action.
"Consideration will certainly be given whether Admiral McDonald will have the required high `moral authority' to resume his duties and be trusted both by the general public as well as the military rank and file to carry the torch for the eradication of sexual harassment and violence," he added.
"I can only assume that the bar will be set high."
Yet some experts believe no matter where that bar is set, the fact it was military rather than civilian authorities who investigated McDonald and decided not to charge him means doubts will continue to persist about whether the case was properly handled.
"The CFNIS has been diagnosed with many flaws when it comes to sexual assault investigations, thus the legitimacy of their conclusions will always be questioned," said Charlotte Duval-Lantoine, an expert on women in the military at the Canadian Global Affairs Institute.
"If McDonald is reinstated, it would not be surprising if service members who experienced sexual misconduct lose all faith and trust in their leadership. It will contribute to the perception that flag officers enjoy a certain level of impunity. The CAF cannot afford such large of a divide."
The military's top police officer, Provost Marshal Brig.-Gen. Simon Trudeau, defended the independence and professionalism of his officers in a statement Friday announcing the end of the investigation into McDonald's conduct.
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.
Drapeau agreed with the view that the entire case ultimately underscores why the military should not be allowed to investigate itself.
"For sake of transparency and the perception of independence, this complaint should, from the get go, have been investigated by an outside police force," he said, citing the RCMP as an example.
"In the absence of an independent police investigation, in all probability a doubt will persist in the minds of the alleged victim, a portion of the public and probably many CAF members as to the propriety of the CFNIS investigation."
Carleton University defence expert Stephen Saideman noted that the prime minister in June criticized Eyre's decision to keep Vice-Admiral Craig Baines as commander of the Royal Canadian Navy after the latter golfed with former chief of the defence staff Jonathan Vance.
Vance at the time was being investigated by the CFNIS on allegations of sexual misconduct. He was charged last month with one count of obstruction of justice, with the case referred to civilian court.
"The (chief of the defence staff) in normal times has to be beyond reproach," Saideman said. "In these times, much more so. Also, if Trudeau had problems with Baines returning to be head of the Navy after playing golf with Vance, how could he accept (McDonald)?"
Maya Eichler, an expert on military sexual misconduct at Mount Saint Vincent University in Halifax, suggested that the right thing for McDonald himself to do would be to permanently step aside.
"While no legal action is being taken, the situation is not resolved," she said.
"Until there is some resolution, McDonald has no credibility to stand as CDS and lead the military culture-change agenda that is needed. I think the real question to ask is: Does anyone, including McDonald himself, think he has the moral authority to lead the CAF?"
NDP defence critic Randall Garrison declined to weigh in on whether McDonald should be reinstated, and instead focused on the continued need to fight inappropriate behaviour in the ranks.
"It's very difficult for survivors to come forward when they face harassment and it's important to note that just because an incident of harassment doesn't meet the high threshold for a criminal charge does not mean that all is well," Garrison said in a statement.
"Service women and men deserve a government who takes their concerns seriously and takes action to improve conditions at all levels of leadership."
This report by The Canadian Press was first published Aug. 9, 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
BREAKING Veteran TSN sportscaster Darren Dutchyshen has died
Veteran TSN broadcaster Darren 'Dutch' Dutchyshen, one of Canada’s best-known sports journalists, has died. He was 57.
Kidnapped by her father and kept in a crawl space: Court documents reveal Montreal horror story
A Montreal father who kidnapped his daughter who has autism and lied to police when they asked where she was should serve three years in prison, a Crown prosecutor said.
Noticed a new payment? Some Canadians get first carbon rebate
Many Canadians found a message from the Canada Revenue Agency this week as they received their first direct deposit for the Canada Carbon Rebate.
There's a new workers' rights treaty in Canada, but will it actually protect you?
Although a global workers' treaty has been in force in Canada since January, an employment lawyer believes it won't do anything more to protect employees from violence and harassment.
The Saskatchewan RCMP says it's safe to use your points at the McDonald's drive-thru
The Saskatchewan RCMP wants you to know it’s not targeting drive-thrus to ticket people for using their fast food reward apps.
Protecting your car from the growing risk of keyless vehicle thefts
Auto technology has evolved and many newer cars use wireless key fobs and push-button starters instead of traditional metal keys. But that technology also makes things easier for thieves.
Slovak authorities charge 'lone wolf' with assassination attempt on the prime minister
The Slovak interior minister said Thursday that a 'lone wolf' has been charged in the shooting that seriously wounded Prime Minister Robert Fico.
B.C. man shot sex worker in the back during drug-fuelled birthday, court hears
A man from B.C.'s Lower Mainland has been sentenced to four years behind bars after shooting a sex worker in the back during a drug-fuelled 43rd birthday.
Shifting winds mean smokier skies in some parts of Canada, snow in other areas
Air quality warnings are still in place for some areas of Western Canada, according to the latest forecasts.
Local Spotlight
B.C. musician's song catches attention of Canucks
When Adam Kirschner wrote 'Slap Shot,' he never imagined the song would be embraced by his favourite team.
'We're on standby': Team ready to help entangled right whale in Gulf of St. Lawrence
A team is ready to help an entangled North Atlantic right whale in the Gulf of St. Lawrence.
Thieves caught on camera stealing pet chicken from North Vancouver backyard
A $200 reward is being offered by a North Vancouver family for the safe return of their beloved chicken, Snowflake.
Adopted daughter in the Netherlands reunited with sister in Montreal and mother in Colombia, 40 years later
Two daughters and a mother were reunited online 40 years later thanks to a DNA kit and a Zoom connection despite living on three separate continents and speaking different languages.
'Reimagining Mother's Day': Toronto woman creates Motherless Day event after losing mom
Mother's Day can be a difficult occasion for those who have lost or are estranged from their mom.
Chris Hadfield inspires youth musical in Sudbury
YES Theatre Young Company opened its acclaimed kids’ show, One Small Step, at Sudbury Theatre Centre on Saturday.
Ottawa pizzeria places among top 20 deep-dish pizzas in the world at international competition
An Ottawa pizzeria is being recognized as one of the top 20 deep-dish pizzas in the world.
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
Wilfrid Laurier football player drafted despite only playing 27 games in his entire life
A Listowel, Ont. man, drafted by the Hamilton Tigercats last week, is also getting looks from the NFL, despite only playing 27 games of football in his life.