Military drops sex assault charge

Ex-top officer in recruiting group now facing assault accusation

The Canadian Forces has quietly dropped a sexual assault charge against a former top officer in its recruiting organization, which has the role of helping ensure more women join the military.

Lt. Col. Dan Mainguy, who was the senior staff officer for marketing and advertising with the Canadian Forces Recruiting Group, was charged Sept. 12, 2019, with one count of sexual assault and one count of conduct to the prejudice of good order and discipline.

But Canadian Forces prosecutors dropped the sexual assault charge, replacing it with one charge of assault. The one count of conduct to the prejudice of good order and discipline still stands. No public announcement was made of the move to drop the sex charge, which was done in early 2020.

The Canadian Forces declined to provide a reason, noting that it was done at “prosecutorial discretion.”

The Canadian Forces leadership has been rocked by recent allegations of sexual misconduct, with some of its top officers now under investigation by military police.

That prompted hearings by two Commons committees, where victims spoke out about a military justice system that reduces sexual assault charges against officers to lesser offences.

One witness testified the Canadian military had a double standard when it comes to investigating sexual misconduct by officers as an “old boys' network” provides protection for such individuals.

Canadian Forces spokesman Maj. Travis Smyth said the alleged victim was consulted in the decision to drop the sexual assault charge against Mainguy.

“There has been no deal cut by military prosecutors in this case,” he added.

Mainguy's lawyer is scheduled to be in front of a military court in Gatineau on Aug. 4 to question the independence of military judges.

Mainguy declined comment, referring questions to his military lawyer, who did not respond to a request from the Citizen.

Shortly before he was charged, Mainguy was removed from the Canadian Forces Recruiting Group, which is responsible for attracting, processing, selecting and enrolling all regular force recruits.

The group at Canadian Forces Base Borden has been emphasizing the need to attract more women into the ranks as well as efforts to include a more diverse group of recruits.

Smyth stated Mainguy was moved from his high-profile position to a “supernumerary position in the CFB Borden/Military Personnel Generation Training Group.”

But a military source contacted the Citizen to point out that Mainguy was still in a key position at CFB Borden. Mainguy was given the job of chief of staff to head of the military training group, who is also Borden's base commander.

The Canadian Forces National Investigation Service declined to provide a copy of the charge sheet for Mainguy, stating the Citizen must use the Access to Information law to obtain that document. Under that law, it could take between five and seven years to have the record released, if at all.

In the civilian police and justice system, such charge sheets are available to the public and media.

Mainguy is a reserve force member who joined the Canadian military in 1984.

Military sources say at least one woman originally complained to the defence leadership about Mainguy and that in 2019 an investigation was launched at CFB Borden.

Canadian Forces spokesman Maj. Alex Munoz confirmed that “following the receipt of a complaint involving Lieutenant-Colonel Daniel Mainguy, Colonel Luc Sabourin, Commander of the Canadian Forces Recruiting Group at the time ... ordered a unit disciplinary investigation.”

Further details could not be released because of the federal privacy act, according to the Canadian Forces.

“It is important to note that if a criminal offence is suspected at any point during a unit disciplinary investigation, the matter is immediately referred to the Military Police,” Munoz noted.

Military police on June 6, 2019 started examining allegations of sexual misconduct, which through the course of the investigation revealed two separate and unrelated incidents involving Mainguy, according to a new release at the time from the Canadian Forces National Investigation Service.

DND noted the two reported incidents involved two separate victims, both military members.

The alleged incidents occurred on or near CFB Borden.

In all cases, the accused is presumed innocent until proven guilty, the Canadian Forces noted.