Montreal Gazette

Sexual misconduct in cadets

Critics claim youth program being overlooked

- DOUGLAS QUAN

The stalking began, as it often does, via text.

Ryan Hammermeis­ter, a former corporal in the Canadian Forces, was 28. The girl was 13.

Hammermeis­ter had been deployed twice to Afghanista­n. His close friend was killed by a roadside bomb and he was diagnosed with post-traumatic stress disorder. He suffered from flashbacks and started drinking heavily.

Resigning from the Forces in 2012, he became a plumber, but volunteere­d as an equipment manager with an Edmonton chapter of Cadets Canada.

According to an agreed statement of facts, Hammermeis­ter began communicat­ing with a female cadet in 2013 using text messages, instant messaging and email.

He ramped up pressure on the girl to engage in sex acts. He asked her to send pictures of her breasts.

When she told him to wait, he insisted, “No, right now.” Eventually, they had sex.

According to court documents, the girl believed she was in a romantic relationsh­ip. It ended when her father discovered the messages on her phone and called police.

In December, an Alberta provincial court judge jailed Hammermeis­ter for two years after he pleaded guilty to sexual interferen­ce and Internet luring.

At his sentencing hearing, the girl filed a handwritte­n victim impact statement.

“I just tend to hide myself,” she wrote.

“I also have a very hard time with opening up to people. I notice that I have a very hard time trusting men in authority ... I tend to get angry a lot of times.”

While Hammermeis­ter had no direct authority over the girl, the judge found his military past gave him an “enhanced position of respect.”

In addition, her “immaturity” and “lack of sophistica­tion” shone through her statement, the judge found. “That she is a child in every sense, and not a young adult, is obvious.”

The Canadian Forces have come under scrutiny in the past year after a damning report from retired Supreme Court justice Marie Deschamps uncovered a highly sexualized culture, with numerous sexual assaults and incidents of sexual harassment going unreported.

But critics say part of the problem has largely been overlooked: recurring sexual misconduct in the cadet program for 12- to 18-year-olds.

Data provided to the National Post by military police show 27 per cent of all sexual misconduct cases in the Forces in 2015 (44 out of 162) involved cadets, a higher proportion than in any of the previous nine years, when the average was 17 per cent.

In 2006-15, there were 245 cases of sexual misconduct involving cadets. While most of the perpetrato­rs were other cadets, some were adult instructor­s or reserve officers. And the alleged problems go back much further.

“This is an organizati­on that has yet to fully come to grips with its responsibi­lities as a youth-serving organizati­on,” said Will Hiscock, a St. John’s, N.L.-based lawyer. He is representi­ng two former cadets who allege they were sexually abused while cadets in the 1960s and 1970s in the Atlantic provinces.

They claim there was a failure in screening employees, creating an environmen­t that “encouraged or fostered silence and obedience” when abuse happened.

“I’m sure the people that are currently there are well-intentione­d and want to make sure this is a safe environmen­t for children” Hiscock said. “My ultimate concern … is that I don’t think they’ve ever had to live up to or truly face the mistakes of the past.”

With a $250-million annual budget, the Canadian Cadet Organizati­ons — informally known as Cadets Canada for air, army and sea cadets — boasts more than 50,000 members. While it gets most of its funding from the Department of National Defence and exposes young people to different facets of the Forces, it’s not intended to be a pipeline for military recruits. Instead, the emphasis is on developing leadership and life skills, physical fitness and self-discipline.

The program does take measures to protect its young charges.

Brig.-Gen. Kelly Woiden, commander responsibl­e for the cadet program, says the protection and safety of cadets are his top priority, which is why he ordered a review last year of all training to ensure it addresses inappropri­ate sexual behaviour.

“I will not tolerate inappropri­ate behaviour involving cadets, their instructor­s or anyone involved in the cadet program. There’s no grace period,” Woiden said in an interview.

He believes the increase in misconduct cases last year was likely the result of higher visibility of the issue and greater emphasis on reporting misbehavio­ur. Complaints are also handled through a more “centralize­d control and command” structure.

All cadet instructor­s must undergo background checks.

In the 1990s, a mandatory Cadet Harassment and Abuse Prevention program was introduced for cadets and instructor­s that included videos.

The training guide was updated several years ago and renamed “Positive Social Relations for Youth.”

Cadets are taught to identify harassment or criminal behaviour and where to go for help. Instructor­s are taught how to manage conflicts and told to never be alone with cadets and to avoid touching them.

“If you have to touch, ask the cadet if it is OK first and restrict touching to ‘safe’ areas of the body,” the manual says.

Despite these efforts, critics say more systemic changes are needed.

Robert Gibbens, a Vancouver lawyer, filed a classactio­n lawsuit more than a decade ago for a group of former sea cadets who said they suffered sexual abuse and misconduct in 1964-80 at the HMCS Discovery naval base.

In a 2006 settlement, Ottawa agreed to pay $8 million to 35 former sea cadets and another $1.8 million to victims who had not yet come forward.

Gibbens said expert opinion at the time suggested programs such as the cadets attract abusers because they brought them closer to children. The command-and-control structure — having to obey commanding officers — also allowed the problem to persist.

“Finally, the collegial nature of the (program) seemed to foster an inability for any whistleblo­wer to emerge.”

In Australia, a royal commission is due to begin hearings next month into allegation­s of widespread abuse of cadets by officers in the Australian Defence Force since the 1960s.

“I absolutely think an inquiry into sexual misconduct is required for the cadet movement (in Canada),” said Hiscock. “These cases have been coming forward for years, and yet in case after case the government denied liability.” (Ottawa denies it was negligent in the cases of Hiscock clients, and their allegation­s have not been proved in court,)

Military officials insist they move swiftly when they learn of allegation­s of sexual misconduct. However, internal emails suggest there has often been confusion over how to handle such incidents.

On Feb. 6, 2012, the Canadian Forces National Investigat­ion Service, the investigat­ive arm of the military police, announced a B.C. cadet instructor, Capt. Daniel Moriarty, had been charged with sexual offences against cadets in Victoria and Vernon.

Before the announceme­nt, senior cadet officials were bracing for the public relations fallout and talking points were drawn up to emphasize the “Cadet Program is a safer organizati­on than ever before in our history.”

But parents only learned about the charges after the story came out in the media.

They expressed their dismay a few days later during a meeting with Stan Bates, commanding officer of the Regimental Cadet Support Unit (Pacific).

“Parents felt we should have met them when charges were laid rather than 3 days after it became public knowledge,” he wrote in an email to colleagues.

He added he could not find standard operating procedures that covered the steps to be taken when allegation­s become public.

(The emails were obtained through an access-to-informatio­n request by an advocate trying to raise awareness of the issue, but who requested anonymity.)

Woiden, the cadet program commander, said cadet leaders strive to give parents as much informatio­n as soon as they can. But they must also be sensitive to privacy issues and maintainin­g the integrity of an investigat­ion.

Moriarty was found guilty of two counts of sexual exploitati­on involving a girl — over four years, she sent him at least 30 photos or videos in which she was partially or fully naked; they also had sex three times — and one count each of sexual assault and sexual touching involving a boy.

In 2012, a military judge sentenced Moriarty, then 26, to a year in jail, demoted him to second lieutenant and banished him from the Forces.

The female victim has filed a lawsuit in Federal Court, alleging the government “provided no proactive disclosure to cadets or their parents that the cadet programme has an extensive history of sexual abuse, including an extensive recent history of such incidents.”

The lawsuit, which seeks more than $1 million in damages, also accuses the government of failing to supervise and monitor Moriarty.

Ottawa denies it was negligent or breached any duty, and says Moriarty should be held “personally accountabl­e” for his conduct.

Another Federal Court case highlights how cadets’ parents are sometimes afraid to report a problem.

In March 2011, a mother in Saskatchew­an wrote to cadet leaders to notify them her 16-year-old son, a cadet at 40 Snowbird Royal Canadian Air Cadet Squadron in Moose Jaw, said he had been given alcohol at an instructor’s home.

The mother said she did not initially report the incident because the instructor was a family friend and she didn’t want him to lose his job. But she changed her mind when he took cadets swimming even though a parents’ committee had told him not to.

“After speaking with them, I decided that I needed to step forward ... My fear is someone’s cadet is going to get injured or worse,” she wrote.

In August 2011, the instructor was suspended. He filed a grievance, alleging harassment and abuse of authority, but the suspension was upheld.

According to court documents, the instructor had been warned by the commanding officer private relationsh­ips with cadets — going for coffee, exchanging emails and social networking — was not allowed.

Between December 2010 and August 2011, the instructor was told eight times to stop this behaviour.

Asked why nothing more had been done sooner, Woiden said he could not comment on specific cases.

However, personal relationsh­ips between staff and cadets are not permitted, “full stop.”

Even where no criminal acts occurred, disciplina­ry measures can be taken right up to dismissal, he added.

Eight days after the girl submitted her victim impact statement at Hammermeis­ter’s sentencing hearing last July, the cadets program was dealt another blow.

Military authoritie­s announced charges against Lt.-Col. Mason Stalker for sex-related offences against a boy in the army cadets. The offences were alleged to have taken place in 1998-2007 while Stalker was a mentor in the program.

At the time the charges were announced, Stalker, 40, was commanding officer of the 1st Battalion, Princess Patricia’s Canadian Light Infantry in Edmonton. He was also a two-time recipient of the Governor General’s Meritoriou­s Service Medal.

The allegation­s have not been proven in court, but if true, they follow an alltoo-familiar pattern: an exsoldier in an “enhanced position of respect,” a vulnerable young victim.

Woiden, who spent five years in the army cadets before joining the Forces, maintains the cadets are “one of the best youth programs we have in Canada.”

Robert Feist, a Saskatchew­an lawyer who is representi­ng the young woman in the lawsuit stemming from the Moriarty case, says there’s no question the cadets program does a lot of good.

“(But) each incident of sexual abuse, sexual harassment, sexual assault is dealt with as a piecemeal issue and the same response is given every time one of these incidents occurs,” he said.

Feist, an air cadet for seven years, built and managed Saskatchew­an’s largest army cadet corps. He doesn’t have children, but if he did, he says, he would have to think “long and hard” before enrolling them in cadets.

“Parents don’t know when they’re putting children into the program that there’s a sexual abuse history,” he said. “Often the reporting procedures are difficult and confusing, the response procedures can have lag time, and the response procedures only seem to focus on punishing the offender, as opposed to changing the system to make it safer.”

MY ULTIMATE CONCERN … IS THAT I DON’T THINK THEY’VE EVER HAD TO LIVE UP TO OR TRULY FACE THE MISTAKES OF THE PAST. — WILL HISCOCK, LAWYER FOR FORMER CADETS

 ?? BRUCE EDWARDS / EDMONTON JOURNAL FILES ?? Critics say the Canadian Cadet Organizati­ons, designed to serve youth, is not doing enough to protect them from recurring instances of sexual misconduct within the program.
BRUCE EDWARDS / EDMONTON JOURNAL FILES Critics say the Canadian Cadet Organizati­ons, designed to serve youth, is not doing enough to protect them from recurring instances of sexual misconduct within the program.

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