ADMIRAL VOWS RETURN TO JOB
But Sajjan says no decision made
A defiant Admiral Art McDonald says he is coming back to his job as defence chief even as the federal government points out it still hasn't decided his future.
Shortly after the admiral's lawyers made public the naval officer's view that he will be back as chief of the defence staff, Defence Minister Harjit Sajjan countered that McDonald will “remain on leave while we review this situation.”
In a statement Wednesday, McDonald's legal team said the naval officer is immediately returning to his job as chief of the defence staff, the top military position.
That came a day after the Privy Council Office released a statement saying it had notice from military police that McDonald will not be facing any charges in relation to allegations of misconduct made earlier this year against him. “A determination on next steps will be made in due course,” said the PCO, which advises the prime minister's office.
The PCO statement also said Lt.Gen. Wayne Eyre remained in his role as acting chief of the defence staff.
McDonald voluntarily stepped aside from his job in February after learning that military police were investigating allegations against him.
“After consultation with his counsel, Admiral Art McDonald has decided to return to his duties and functions immediately,” said a statement from his lawyers to the news media. “The complaint was unfounded. 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.”
But the statement that McDonald was returning to the CDS job came as a surprise to the Canadian Forces and federal government. It is also questionable whether McDonald can simply return to the job because he wants to do so. As a governor-in-council, he serves at the pleasure of the government. If the government wants to select someone else for the position it can do so without explanation.
“The position of chief of defence staff must always uphold the highest standard within the Canadian Armed Forces,” Sajjan told journalists after being informed about McDonald's intention to return to his job.
A PCO spokesman said Wednesday night that it was aware of the statement by McDonald's lawyers but that under the government's ethics policy, “public office holders have an obligation to perform their official duties in a manner that will bear the closest public scrutiny, an obligation that is not fully discharged by simply acting within the law.”
Sajjan also noted that Canadians and the military have been well served by acting defence chief Lt.Gen. Eyre.
Brig.-Gen. Simon Trudeau, the Canadian Forces provost marshal, announced Friday that the Canadian Forces National Investigation Service had completed its investigation into allegations of misconduct against McDonald. “The investigation did not reveal evidence to support the laying of charges under either the Code of Service Discipline or the Criminal Code of Canada,” Trudeau stated.
The statement was released on a Friday evening, even though the investigation had been completed much earlier.
But there have been concerns raised about the independence of the CFNIS, since it reports to the senior military leadership.
The navy officer who originally made the allegations against McDonald said she wasn't surprised about the outcome of the military police investigation. “I am not surprised as this was exactly why I was reluctant to come forward and why most survivors don't come forward,” navy Lt. Heather Macdonald, a navy combat systems engineer who has served for 16 years, told Global News. “I feel a little like I've gone through hell for nothing.”
Trudeau, the provost marshal, said the CFNIS was able to interview a large number of potential witnesses.
“The evidence gathered from these witnesses was considered in the ultimate determination that the evidence did not support the laying of any charges,” he added in his statement. No further details were released.
Sajjan announced Feb. 25 that McDonald was under investigation. He had been named chief of the defence staff on Dec. 23 and took over the job on Jan. 14.
In March, the Commons defence committee heard from Lt. Cmdr. Raymond Trotter about the obstacles he faced as he tried repeatedly to report allegations of misconduct by McDonald and later another incident involving another senior officer.
Trotter, who was told by a female colleague about the misconduct allegations against McDonald, found himself being bounced around the Defence Department's sexual misconduct response centre to Sajjan's office and then back to the response centre.
“For a full 24 hours I was running in circles,” he told the Commons defence committee.
Trotter said he didn't want to go the Canadian Forces National Investigation Service because that military police organization isn't independent of the senior leadership.