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Snowbirds pilot suspended for alleged sexual misconduct

dapaterson

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The RCAF have been made aware that an allegation of sexual misconduct has been made against a member of 431 Squadron, and that the Canadian Forces National Investigation Service is investigating.

 
Isn’t this supposed to be in the domain of CivPol now, or does that mean the actions are not criminal in nature?
 
Isn’t this supposed to be in the domain of CivPol now, or does that mean the actions are not criminal in nature?
It could be that at some point, CFNIS turns over to CivPol.

But likely the MPs and CFNIS start it.
 
Interesting that the release used the term "misconduct". That might suggest that the allegation is non-criminal - or not.
 
Or that the public affairs folks aren't legal specialists and "misconduct" is probably the best term before an investigation is done.
You're probably right. It is a good catch-all word for an early stage public statement.
 
Officially, sexual misconduct is a spectrum that includes sexual assault. Using the word misconduct allows for discussion without specifics.

My understanding is that the MPs/CFNIS would perform the initial investigation, and that any sexual misconduct piece would be handed off to CIVPOL with MP/NIS retaining control over service offences.
 
My understanding is that the MPs/CFNIS would perform the initial investigation, and that any sexual misconduct piece would be handed off to CIVPOL with MP/NIS retaining control over service offences.

“Sexual misconduct” would have to be criminal in nature for civilian police to do anything with it. E.g., sexual assault, sexual interference, voyeurism, etc. there is a wide range of ‘sexual misconduct’, as defined by CAF, that isn’t criminal. Civilian police can’t and won’t do anything about that.

In simple terms, any criminal offense committed by a CAF member in Canada could fall within the jurisdiction of whatever the local police are for where an alleged offense happened. For any criminal offense by a CAF member outside of Canada, that would still have to be a military prosecution under S.130 NDA, as the only means to extend the reach of the Criminal Code to CAF members outside of Canada.
 
Sometimes the reason that it appears that an explanation is lacking is because the stories that one reads did not include all the quotes from a DND spokesperson. Not every media outlet did so.

Lamirande said the military is not able to disclose reasons why investigations, including the one involving the Snowbirds pilot, may or may not be referred to civilian police “in order to prioritize a victim centric approach and maintain the integrity of an ongoing investigation.”

“There are various reasons that exist as to why a case cannot be referred which include allegations that occurred outside of the country, a victim’s reluctance to participate in a police investigation, or a preference for an investigation to be conducted by the military police,” she said.
 
Even when the misconduct constitutes assault, the victim does have the option of having the NIS investigate if he/she/they prefers. And many people are choosing to keep their complaints within the CAF.
 
Charge laid, accused named.


If it wrong that I want to email them to make a correction.
IMG_1467.jpg
From flies to flew…
 
Charge laid, accused named.


I'm a little unclear on the new process. I thought the Minister's direction was that criminal allegations would be turned over to the civilian system. Here, it seems military police/CFNIS has charged him but are running the charges through the civilian courts.

On the other hands, kudos on the response speed.

From flies to flew…
Innocent until proven guilty and all that but, career-wise, ya, you're probably right.
 
I'm a little unclear on the new process. I thought the Minister's direction was that criminal allegations would be turned over to the civilian system. Here, it seems military police/CFNIS has charged him but are running the charges through the civilian courts.
I was a little surprised at that as well.
On the other hands, kudos on the response speed.
Unless they totally dumped it now on CIVPOL to support the charges.

Innocent until proven guilty and all that but, career-wise, ya, you're probably right.
I was being somewhat flippant as they hadn’t updated the bios but had announced they’d been placed on non flight duties.
Which to me, isn’t exactly a presumption of innocence. Especially considering what we saw from another incident last year, that tragically end up with the accused taking their own life.

Right or wrong you are probably correct
 
Unless they totally dumped it now on CIVPOL to support the charges.
I highly doubt that. Whoever swears the Information needs 'reasonable and probably grounds' to believe the offence is made out. If they then try to dump the file on the civilian police (Barrie PS by the sounds of it) to 'finish it off', I suspect Barrie investigators would kindly say 'thanks-but-no-thanks, we're not going to save your case'. Maybe some administrative support like fingerprinting and photographing and maybe have their court unit process the charge through the system, but I doubt much more.
 
Yeah, I was surprised by that too. My wild ass guess is the MPs started the investigation and local police subsequently declined to assume the investigation already in progress.

Alternatively, might just be that it was simply a quick and straightforward matter to investigate, there was no reason to hand it off once work started. A sexual assault investigation will often rest mostly on the statement of the victim, and such corroborating facts as investigators can glean from other witnesses or things like security video, etc. it doesn’t necessarily have to take very long at all if it’s straightforward. In Ontario police can swear their own charges without waiting for prosecutorial pre-approval.
 
Yeah, I was surprised by that too. My wild ass guess is the MPs started the investigation and local police subsequently declined to assume the investigation already in progress.

I was under the assumption that the CAF hadn't yet worked out the details of handing-off it's sexual misconduct investigations yet. If I'm right, it makes sense for the CFNIS to investigate the alleged offence, and had it over to the civilian courts.
 
I was under the assumption that the CAF hadn't yet worked out the details of handing-off it's sexual misconduct investigations yet. If I'm right, it makes sense for the CFNIS to investigate the alleged offence, and had it over to the civilian courts.

Absolutely could also just be that. Referring charges to civilian courts aren’t new for the MPs.
 
Or the entire "civilian police are taking over" was a gigantic smoke and mirrors game for show 😉
Or, when the CAF announced it, the various CIVPOL jurisdictions did a collective Pikachu face and are madly trying to work out details in the background.

[I have no idea, just guessing here].
 
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