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We do so by creating additional mechanisms designed to support victims and survivors and to aid them in overcoming any harm incurred. And we support our personnel through procedurally fair, and evidence-based statutory decision-making. Admiral McDonald has contended that the public vilification of his character is both unreasonable and unwarranted. No doubt, this statement has caused some people – many of whom have pre-judged him based upon little or no evidence, and certainly without the benefit of a fair process – to decry his lack of compassion for victims and survivors. On the contrary, throughout his career, he sought to support personnel who have faced misconduct and abuse of power.

And the respondent must be given an opportunity to make full answer and defence. This requires adequacy of disclosure of the allegations and the ‘case to meet’. It required a robust and fair process before an unbiased decision-maker. And the content of fairness must be commensurate with the impact on the person’s rights, interests, and privileges. There remain repeated examples where CF statutory decision-makers have avoided using the Code of Service Discipline for disciplinary matters, and have, instead, relied upon administrative measures in order to deliver a similar punitive effect.

• In 1983 McDonald, in his role as Commander in Chief of the Atlantic, was placed in overall command of Operation Urgent Fury, the invasion of Grenada to rescue U.S. nationals.
• At the time of his selection as Chief of Naval Operations, he was the youngest full admiral in the navy, and had only received his fourth star a month prior.
• Decision-making by public actors must be governed by reason, evidence, and open-minded analysis.
• McDonald took over as chief of the defence staff from now-retired general Jonathan Vance in January, weeks before Global reported allegations of sexual misconduct by Vance, who has since been charged with obstruction of justice.
• This letter was described as „shocking” by General Eyre who rebutted that the civilian government had the final say on the Chief of the Defence Staff.

In 1982, when he was promoted to Admiral, he became Supreme Allied Commander Atlantic, one of two senior commanders in NATO. After Admiral McDonald retired from the Navy in 1985, he volunteered for the National Aeronautic Association, which later named its Elder Statesman of Aviation Award in his honor. Three naval aviation organizations jointly created a leadership award in his name, as well. McDonald’s lawyers announced the officer was coming back as defence chief. “After consultation with his counsel, Admiral Art McDonald has decided to return to his duties and functions immediately,” the statement noted. Before becoming a naval aviator, McDonald was assigned to the battleship USSMississippi and the battleship USSColorado.

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They thus employ mechanisms that are ill-suited to adjudicative purposes involving contested evidence. The affected CF members have limited recourse to challenge the decisions and the principal recourse – the CF grievance process – remains inefficient and sub-optimal in terms of fairness. And I contend that this is done to avoid the inevitable scrutiny by constitutionally independent judges that would arise at court martial. Similarly, the accused or respondent will not benefit from a robust and professional defence offered by the counsel at defence counsel services. Nothing barred the Prime Minister or the Minister of National Defence from contacting Admiral McDonald.

The government’s management of the situation, he maintained, had harmed the Canadian Forces. It was time for the institution to accept the results of the police investigation and for himself to be returned immediately to the job of CDS. On February 24, 2021, then-Defence Minister Harjit Sajjan announced McDonald had temporarily and voluntarily stepped aside as Chief of the Defence Staff amid investigations on allegations of misconduct. Pending the results of the investigation, General Wayne Eyre served as Acting Chief of Defence Staff.

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On October 15, 2021, McDonald sent a letter to generals and flag officers of the Canadian Armed Forces. In that letter he argued why he should be reappointed as the Chief of the Defence Staff, saying that he had been exonerated and the results of the investigation should be accepted, and that the government’s management of the situation had harmed the Canadian Forces. This letter was described as „shocking” by General Eyre who rebutted that the civilian government had the final say on the Chief of the Defence Staff. Prime Minister Justin Trudeau also criticized the timing and contents of the letter, and stated that victims of sexual misconduct must receive as much help as possible. Admiral McDonald was unreasonably vilified in public, tried in the ‘court of public opinion’, and subjected to unanswered speculation over the past nine months. There was very little advocacy within the government or in the Canadian Forces for a fair and reasonable treatment of these allegations.

The merits of the Code of Service Discipline and Service Tribunals have come under criticism over the past months, often based upon vague and largely debatable assertions. At a time when the military justice system is at a crossroads, we would all do well to draw lessons from how this matter has unfolded. McDonald’s lawyers in their statement that the fact military police couldn’t find enough evidence to charge him even under the disciplinary code was evidence the allegation against their client was unfounded. McDonald’s lawyers said in their statement that the fact military police couldn’t find enough evidence to charge him even under the disciplinary code was evidence the allegation against their client was unfounded. The more notorious matters involving senior officers reflect similar defects regarding the fairness and reasonableness of decisions affecting more junior personnel. In what can be described as unprecedented, the CFPM made public statements about whether Admiral McDonald could be considered to have been exonerated by the absence of a charge.

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McDonald was appointed Director General of Maritime Forces Development in February 2014, Commander of Maritime Forces Pacific in January 2016 and Commander of the Royal Canadian Navy in June 2019. McDonald previously served as Commander of the Royal Canadian Navy and Chief of the Naval Staff. He is Canada’s first full admiral since Admiral John Anderson held the rank in 1993.

In addition to Southeast Asian operations and continuing crises in other areas of the Far East, the Navy was able to fulfill its worldwide responsibilities. The government of the strife-torn Dominican Republic requested the presence of U.S. The Sixth Fleet remained a stabilizing influence in the Mediterranean. At the same time diverse other requirements, including the training and readiness of space recovery forces, were met. In 1964, an all-nuclear task force of carrier USS Enterprise, cruiser USS Long Beach and frigate Bainbridge circumnavigated the world without refueling and without logistic augmentation.

In 1983 McDonald, in his role as Commander in Chief of the Atlantic, was placed in overall command of Operation Urgent Fury, the invasion of Grenada to rescue U.S. nationals. Admiral McDonald was commander in chief of all NATO and U.S. forces in the Atlantic when he was placed in charge of Operation Urgent Fury, the planned invasion of the Caribbean island nation of Grenada. An Aug. 11 statement said Admiral Art McDonald intended to resume his duties as chief of the defence staff. That statement sent a rocket down the halls of National Defence headquarters, surprising both the Liberal government and the Canadian Forces leadership. Doubtlessly, various social media platforms have been abuzz with various comments about Admiral McDonald, including spurious comments predicated upon the limited and untested information that has been presented to the public.

A complainant alleged that McDonald shoved the face of the ship captain into her breasts during a party where alcohol was served. A charge layer might decline to lay a charge where the prosecutor has indicated that he or she does not believe there is a reasonable prospect of conviction, but that does not bind the discretion of the charge layer. Ultimately, it would be disingenuous to suggest that the CFNIS did not lay a charge solely because of the advice of military prosecutors. In the reporting on this matter, there was an intimation that Director of Military Prosecutions recommended against the laying of charges, and that is why the CFNIS declined to lay any charges. It would not be a conceptual stretch to suggest that the commentary on that factor could appear to ‘blame’ military prosecutors for the fact that charges were not laid. As should be clear from the foregoing and the Stats Can website, the concepts of ‘unfounded’, ‘founded’, ‘cleared’, or ‘not cleared’, are not determinations guilt or even the merit of a potential prosecution.

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Thus, Admiral McDonald was left on his own to advocate his innocence. McDonald was named chief of the defence staff by the Liberal government on Dec. 23, 2020, and he officially took over on Jan. 14, 2021. On Feb. 25, though, the naval officer voluntarily and temporarily stepped aside after he came under military police investigation. It was eventually revealed the allegations involved sexual misconduct. On August 6, 2021, the Canadian Forces National Investigation Service stated that “the investigation did not reveal evidence to support the laying of charges under either the Code of Service Discipline or the Criminal Code of Canada”. The Privy Council Office said that it would review the situation with next steps to be announced in due course.

He spent three years, from 1935 to 1938, as a flight instructor at Naval Air Station Pensacola in Pensacola, Florida. Charges have been laid on weak evidence, both in the military justice system and the civilian criminal justice system. A ‘zero tolerance’ approach to both sexual assault and intimate partner violence has led to charges being laid where the https://day-trading.info/ evidence is weak and there is a marginal prospect of conviction. Frankly, prosecutors – military or civilian – would rather run a weak prosecution and fail, than be accused of failing to take such matters seriously. The fact that no charges were laid in this matter is a significant indicator of the frailty of the evidence available to the CFNIS and DMP.

And public comments by authorities must carefully balance these needs if ours is to be a fair and just system. ‘Trial by media’ is a markedly deficient substitute for the proper, reasonable, and fair functioning of public powers conveyed under statute. Where select reporters purport to assume the mantle of both advocate as well as judge and jury, we cannot reasonably expect a balanced and thorough examination of relevant information. This is particularly true when relevant information is excluded or misrepresented.

This Operation Sea Orbit dramatically demonstrated the capabilities and potential of nuclear-propelled ships. Later, off Vietnam, the nuclear ship went into combat for the first time in history. The PCO issued a letter that McDonald’s appointment as CDS was being terminated. The PCO noted that all governor-in-council appointees have an obligation to act in a manner that will bear the closest public scrutiny. The termination order specifically referenced McDonald’s statements on Aug. 11, the public statements made by the admiral during his public-relatinos campaign and the letter sent to all generals and admirals on Oct. 14.

By stepping away from his duties, he minimized, to the extent possible, any potential fettering of the process. It permitted the CFPM and his CFNIS investigators to perform their functions without the subject of the investigation performing the duties and functions of the Chief of the Defence Staff. Not only is that the right of any subject of a criminal or disciplinary investigation, but he also avoided making any statements that could have a chilling effect on the investigation involving him, or any other senior officer.

Their advice is not binding.A charge layer who believes the complainant and believes that he or she has evidence to substantiate each element of an alleged offence may lay a charge. “They had a compelling motivation to pursue charges, even on weak evidence, in order to avoid the very criticism that has now been levelled against them. The absence of any charges — even under the Code of Service Discipline — is indicative of the absence of blameworthy conduct. “Given that it was his decision to step aside, 10 best data management tools for medium to big business it is now his decision — indeed obligation — to return to his duties,” reads the statement issued by lawyers Michael Edelson and Rory Fowler. The retention of highly trained Navy pilots and technical ratings was a matter of concern. To make a naval career more attractive, Admiral McDonald repeatedly and successfully pushed for better housing, pay, enhanced medical benefits, shipboard habitability, and—consistent with the needs of the sea service—a more normal home life for all naval personnel.

In the early 1960s, before becoming Chief of Naval Operations, he served as Commander, United States Sixth Fleet. At the time of his selection as Chief of Naval Operations, he was the youngest full admiral in the navy, and had only received his fourth star a month prior. McDonald stepped down in February as chief of the defence staff as a result of a Canadian Forces National Investigation Service investigation into an allegation of misconduct. In 1982, he was promoted to Admiral and was appointed Supreme Allied Commander Atlantic, one of two senior commanders in NATO.

To say I am not a fan of the ordering process at this location. Fortin, who has maintained his innocence, has alleged the decision to replace him was politically motivated and denied him due process. They added that he co-operated fully during the investigation, and cited the need to respect due process in Canada. These experts and advocates have suggested this casts doubt on the veracity of the investigation, and that McDonald does not now have the moral authority to lead the military in changing its culture. Admiral McDonald shaped and guided the extensive buildup of naval strength consonant with an expanding U.S. commitment in Southeast Asia following the Tonkin Gulf incident in August 1964 and the retaliatory carrier air strikes. Since his retirement from the Navy in 1985, McDonald played an active role in the aviation community in his leadership positions with the National Aeronautic Association and National Aviation Club.

What isn’t mentioned is that the admiral’s own statements in the past several months probably sealed his fate, leaving the federal government with little choice but to select a new defence chief. The importance of procedurally fair, reasonable, transparent, and evidence-based decision-making cannot be over-stated. The importance of a reasonable and practical means of testing disputed evidence is vital for effective and fair decision-making, whether in an ‘adversarial’ disciplinary or criminal process, or an ‘inquisitorial’ administrative process. A complainant (or, if you wish – a victim or survivor) must have an unfettered opportunity to bring a complaint forward, regardless of who the respondent might be.

The CFPM publicly challenged Admiral McDonald’s contention that, in light of the very low threshold to lay a charge, the absence of a charge is indicative of exoneration. However, the CFPM appeared to ignore a public mischaracterization of whether other evidence corroborated the allegations. It had been Admiral McDonald’s intention to serve Canada and Canadians, faithfully, as he has served for the past 36 years, in the role of Chief of the Defence Staff. The CFNIS announced the end of the investigation into McDonald’s conduct late Friday, saying they had decided there was not enough evidence to charge McDonald under either the Criminal Code or the military’s disciplinary code. Prime Minister Justin Trudeau’s office did not immediately respond to news of McDonald’s plan to take back command of the military from acting defence chief Lt.-Gen. The CFNIS investigation appeared to be completed before the end of April 2021.

However, his support of survivors does not oblige him to admit to allegations against him that are not true, or to accept conclusions drawn based upon unfair and unreasonable processes. We must guard against a chilling effect that would impair the reporting of misconduct by complainants and survivors. But we must also guard against a chilling effect on any person’s right to make full answer and defence to allegations. And we need ensure that, once allegations have been investigated, the results of due process are respected. No public institution – particularly one predicated upon the unique Crown-soldier relationship – can be governed with an absence of procedural fairness, a lack of transparency, or based upon arbitrariness. Decision-making by public actors must be governed by reason, evidence, and open-minded analysis.