The country’s military police watchdog is launching a high-level investigation into an allegation by the force’s former head of HR that his sexual misconduct case was handled incompetently.
Lt.-Gen. Steven Whelan faced two military service offence charges in 2022 that were later withdrawn.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 “coerced” due to improper interference from his chain of command. He also claims that military police investigators handled evidence improperly and didn’t interview key witnesses.
Military Police Complaints Commission of Canada (MPCC) chairperson Tammy Tremblay called Whelan’s allegations “significant” when she announced her decision to launch a public interest investigation — the second-highest level of probe below public hearings.
“If substantiated, they could amount to a deliberate failure to properly investigate the serious allegation of sexual misconduct, possibly because the investigation was conducted with the objective of reaching a predetermined outcome,” Tremblay said in her announcement.
This is the second investigation of this type currently before the commission involving senior military members claiming faulty investigations and undue pressure led to charges against them.
The watchdog is also investigating a complaint filed by the former head of Canada’s COVID-19 vaccine rollout campaign. Maj.-Gen. Dany Fortin was acquitted of sexual assault in his 2022 criminal trial.
Whelan was removed from his post as head of the military’s human relations section in October 2021, while he was under investigation by military police.
Military prosecutors accused Whelan at a military court martial last year of giving a female military member a better score on her performance evaluation report in 2011 to stop her from reporting “flirtatious” emails he sent her.
Whelan pleaded not guilty to the charges. His lawyer Phillip Millar argued during court proceedings that Whelan made a mistake by engaging in a “personal relationship” with a subordinate, but that nothing sexual happened between them.
Whelan sued his accuser, the federal government, the chief of defence staff and other military officials in May, alleging they destroyed his career to score political points. He’s seeking $10 million in damages. Millar said he received a motion to strike the claim from the government on Wednesday after the military police watchdog’s announcement.
Millar also told CBC News Whelan is finishing writing a book about “the wild story” behind his court martial.
Whelan’s “pulling no punches” and “will name names,” Millar said, adding the book will expose “how the chain of command and political players worked behind the scenes to take him down with a false allegation.”
Whelan’s complaint to the MPCC made similar allegations, according to the watchdog’s decision. Whelan claimed that his chain of command influenced the military police investigation, which may have caused some “deliberate” issues.
Whelan also claimed that military police failed to properly document interactions with the female complainant, did not ask key questions during interviews and failed to properly investigate witnesses’ potential conflicts of interest.
Whelan also accused the military of failing to properly investigate “media leaks” about his case during the military police investigation to determine if his rights were violated.
The allegations in his complaint have not been proven in court or tested by the military police watchdog.
Tremblay said the seriousness of the allegations could have warranted public hearings, which would have involved subpoenas ordering the military to release documents. She said it would be faster and serve the public interest better to investigate without a hearing, but added she could change her mind if there isn’t enough “voluntary cooperation” from the Canadian Armed Forces.
Millar said he’s pleased the commission is looking into what he called “the abusive process allegations.”
“It’s clear the commission has expressed some frustration getting information from the military police, so we look forward to seeing how well the Canadian Armed Forces cooperates with them,” Millar said.
CBC News has asked for a 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 forces, Millar said.
The military police watchdog’s investigations can take years. Once it’s complete, a final report will be issued publicly.
