BIG COURT WIN FOR FORMER COMMANDER
DISMISSED AS CANADA’S TOP SOLIDER IN HAITI AFTER ALLEGATIONS OF AN AFFAIR, A JUDGE HAS RULED HIS GRIEVANCE WAS MISHANDLED AND HAS ORDERED A REVIEW
Evidence of an affair between Canada’s former top soldier in Haiti and his assistant was always circumstantial — he put her up in his room after the massive 2010 earthquake and there were reports of pink lipstick smudges and frolicking in the pool.
But it was enough for Col. Bernard Ouellette’s superiors to strip him of his command and accuse him of showing “leadership failure” for not being able to put the infidelity rumours to rest.
Now, five years later, a federal judge has ruled the grievance Ouellette filed over his dismissal was not handled fairly and ordered a review by the chief of the defence staff.
“This guy was denied justice along the way. He was never restored to what he should’ve been,” said Michel Drapeau, Ouellette’s lawyer.
“We owe him, as a nation, the sort of recognition and commendation (that should be awarded to) anybody who has done Canada proud.”
A spokeswoman for the Canadian Forces said Tuesday the ruling was under review and no course of action has been decided.
Federal court documents show how things quickly unravelled for Ouellette, who, according to performance evaluations, was “ideally suited for UN missions” and seen as a “role model” and “excellent representative of his country.”
Ouellette, then 48, was deployed to Haiti in July 2009 as commander of the Canadian Task Force Port-au-Prince and chief of staff of the United Nations Stabilization Mission in the country. His deployment was to last a year.
On Jan. 12, 2010, a 7.0-magnitude quake struck the Caribbean nation, killing 300,000 people. The UN headquarters, housed in the Christopher Hotel, collapsed. Ouellette lost his entire UN office staff, except for his administrative assistant, Vlora Merlaku.
Later that month, Merlaku moved into Ouellette’s room at Canada House 1, a secure building rented by Canadian Forces staff.
According to Ouellette, the place where Merlaku had resided was no longer safe because of escalating gang violence. Ouellette, who was married, insisted that while she occupied his room he slept elsewhere, usually in his office.
But rumours of a romantic relationship swirled.
On March 20, 2010, Maj. Nancy Peters, a public affairs officer, emailed a colleague. What “the man does in his personal time and according to his personal morals are his own business,” she wrote, but the sleeping arrangements have made the other occupants of the house “extremely uncomfortable.”
Some officers in the UN mission, she said, including Americans, Brazilians and Filipinos, were now calling Merlaku “the wife,” “the queen,” or “the first lady.”
“Our reputation here is quickly deteriorating due to the (colonel) and how he is conducting his personal affairs.”
Two days later, Col. Steve Charpentier, assistant chief of staff – international operations at Canadian Expeditionary Force Command headquarters, spoke to Ouellette. He denied any wrongdoing and said his subordinates were “being a bunch of babies.” However, he agreed to move her out when alternative arrangements could be made.
On April 6, 2010, Stephen Peters, commander of the Canadian Expeditionary Force Command, wrote to his colleagues to say there was “absolutely no reason” she couldn’t move to a cruise ship made available for displaced personnel. The situation “may have already affected the overall standing of the Canadian mission within (Haiti).”
Four days later, Merlaku left the house. But the problems didn’t end. Members reported that Ouellette was no longer sleeping at Canada House and was hard to reach.
On June 14, 2010, Lieut. Cmdr. Luc Tremblay told colleagues in an email Ouellette was sleeping at Merlaku’s apartment. “Their drivers, (who) work for me, confirmed they drop both (Ouellette) and his secretary every night at her apartment. They then pick both of them up every morning,” he wrote.
Tremblay also reported Ouellette was seen with lipstick on his mouth at work and the pair were spotted holding hands and “frolicking” in the pool. They also went to the beach together every Sunday.
“Did we see them sleeping together? Of course not!” he wrote. “However, I have never seen someone sleeping with his secretary in the same room for five months.”
The Canadian Forces National Investigation Service opened an investigation. Ouellette and Merlaku denied an inappropriate relationship. They gave contradictory information about going to the beach and vacationing together.
On June 22, 2010, the lead investigator told his supervisor in an email the issue had “consumed (the troops’) everyday conversation. … They can’t escape it. When I spoke to one of them about morale, he flat out started crying. They have all stated this is the worst tour they have ever been on.”
Six days later, Lieut. Gen. Marc Lessard removed Ouellette from command and sent him home. While there was “uncertainty” about whether Ouellette had engaged in an inappropriate relationship, there was still a perception of one “and you have done nothing to dispel this impression,” he told Ouellette.
Ouellette filed a formal grievance, arguing his removal was based on unfounded allegations.
The Canadian Forces Grievance Board, in a December 2011 report, said it was “shocked” by the way Ouellette was treated and said his removal was unjustified.
The board found that the military’s strict non-fraternization code didn’t apply because the policy deals with personal relationships between Canadian Forces members, DND employees and allied force members. Ouellette’s assistant was a UN employee. The board further stated that offering her accommodations in his house was not unreasonable given the circumstances.
Further, evidence of an affair never amounted to more than “unconfirmed allegations” and “innuendos” and there was no evidence to support the notion the morale problems were threatening operations.
The board concluded Ouellette was never privy to all the allegations or given an opportunity to respond.
It recommended creating a “public affairs plan” to restore Ouellette’s reputation and character.
But more than two years later, in 2014, Gen. Tom Lawson, then-chief of the defence staff, said he disagreed and upheld the original decision to remove Ouellette from command. If Ouellette had a problem, he could take it up with the “final authority” — who would also be Lawson.
Ouellette appealed to the Federal Court, arguing Lawson did not have jurisdiction and there would be great prejudice if he were to review his own decision.
In a recent ruling, federal Judge Martine St-Louis agreed, referring the case back to the chief of the defence staff, now Gen. Jonathan Vance, for final determination using the 2011 findings of the grievance board.
Drapeau said Tuesday his client is hopeful his reputation will be restored. Since retiring from the Canadian Forces last year after 36 years service, Ouellette has been unable to find meaningful employment, he said.
“He’s damaged goods.”
DID WE SEE THEM SLEEPING TOGETHER? OF COURSE NOT!