A lawyer representing the Canadian Forces’ former head of human resources is calling on Defence Minister Bill Blair to convene the Royal Canadian Mounted Police or the Ontario Provincial Police to review the “professional competency” of the force and its leadership.
In a recent letter, Philip Miller said the handling of sexual misconduct investigations by military investigators has undermined confidence in the Commander of the Canadian Forces Military Police (CFPM) and the Canadian Forces National Investigation Service (CFNIS).
He said Blair had legislative powers to order an independent investigation and that the body could no longer be trusted to monitor itself.
“There are clear indications of interference with the chain of command, gross lapses in professional investigative standards, multiple deliberate errors in preserving and ensuring the integrity of evidence, failure to safeguard confidential investigations and a lack of independence,” Miller wrote in a letter to Blair dated June 7, 2024, and obtained by CBC News.
“An external police investigation would demonstrate CAF’s determination to maintain public confidence in a group that is struggling to maintain its credibility.”
Miller is representing Lt. Gen. Stephen Whelan, who last month filed a lawsuit in federal court against his accusers, the federal government, the Pentagon’s chief of staff and other military officials.
In 2011, he was accused of giving female service members higher marks on performance evaluation reports to prevent them from reporting “seductive” emails he allegedly sent them.
Military prosecutors last year dropped a string of charges against Whelan for military misconduct.
He is now seeking $10 million in damages.
Miller said he took note of a recent report from the Military Police Complaints Commission (MPCC) that accused the CFPM of obstructing an independent investigation.
He said the allegations by MPCC chair Tammy Tremblay suggested a worrying trend and called into question whether Blair could properly assess the extent to which the military police were operating within their bounds.
“It is worrying that a key instrument of regulatory oversight and governance has raised warning signs and the head of the police has responded with apathy and heavy-handedness that appears to be an attempt to avoid responsibility,” Miller said in the letter to Blair.
“Notwithstanding the MPCC report, the events of the past three years in relation to the findings of senior staff should be enough to trigger a systemic review.”
In his annual report to Parliament, Tremblay said the oversight committee has had to go to federal court in some cases to force the military police to disclose information it needs to complete its investigations and reviews.
She called the situation unacceptable, saying it “undermines the Gendarmerie Command’s ability to exercise civilian oversight over the Gendarmerie.”
“CFPM has at times refused to disclose information to which the MPCC is legally entitled and necessary to carry out its legislative mandate,” Tremblay wrote in a report tabled in the House of Representatives in early May.
The House of Representatives defence committee is investigating transparency at the defence ministry and questioned officials about the watchdog complaints. Officials declined to comment as parts of the MPCC case are still before the courts.
The minister’s office did not immediately respond to a request for comment on Miller’s letter.
