Vance’s golf partner has power over military probes

Senior officer can issue orders to Armed Forces’ top police officer

of the senior military officers who golfed with former chief of the defence staff Jonathan Vance has the power to direct military investigations — a power recently flagged by a retired Supreme Court justice as a threat to police independence.

Defence Minister Harjit Sajjan and the Department of National Defence have confirmed vice-chief of the defence staff Lt.-Gen. Mike Rouleau and Royal Canadian Navy commander Vice-Admiral Craig Baines recently joined Vance for a game of golf in Ottawa.

The game came as Vance is under investigation on allegations of sexual misconduct, and despite Rouleau having the power to issue orders to the Canadian Armed Forces’ top police officer, Provost Marshal Brig.-Gen. Simon Trudeau.

Since controversial changes were made to the National Defence Act in 2013, those orders have included the ability to “issue instructions or guidelines in writing in respect of a particular investigation.”

That unique power to intervene in military police investigations was flagged in an occasionally scathing report on the military justice system by retired Supreme Court justice Morris Fish.

The report was released on June 1, one day before media reports say Rouleau and Baines hit the links with Vance.

Fish in his report said such orders are supposed to be made public, and that he was unaware of a vice-chief having issued such guidelines. But he added that the provost marshal can decide not to reveal the orders if he decides. Fish said the provision “significantly encroaches on police independence,” and called for it to be repealed.

Rouleau could not be immediately reached for comment on Sunday. In a statement, Simon Trudeau said Rouleau “has not issued any instructions or guidelines to the Canadian Forces provost marshal in regards to any ongoing military police investigations,” including those involving Vance.

For his part, Baines apologized in a message to the Royal Canadian Navy on Sunday and said he’s taking a few days of personal leave.