Canadian general accused of sexual misconduct sues to ‘get a chance to tell my side of the story’

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Lt.-Gen. Steven Whelan, a three-star general who was accused of sexual misconduct in what he claims was a politically motivated prosecution that was subsequently dropped before he could defend himself, is looking forward to his day in court.

“I didn’t get a chance to tell my side of the story,” he told me.

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Whelan’s legal team has just filed a painful claim in the Federal Court in Ottawa, naming a who’s who of the Canadian military establishment as defendants; a litany of allegations of abuse of office, negligent investigation, malicious prosecution and involvement in media leaks that have destroyed Whelan’s reputation and career.

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Defendants named in the lawsuit include His Majesty the King in the Right of Canada (the Crown) and top officials of the Department of National Defense (DND) and the Canadian Armed Forces (CAF): Jody Thomas, former Deputy Minister of National Defense and former National Security Advisor to the Prime Minister; General Wayne Eyre, Chief of Defense Staff; Lt.-Gen. Frances Allen, deputy chief of defense staff; and Lt. Gen. Jennie Carignan, CAF’s Head of Professional Conduct and Culture.

The accusations extend to the Prime Minister’s Office.

Last September, Whelan was court-martialled, accused of sexual misconduct that allegedly occurred more than a decade ago.

At the start of the trial, military prosecutors dropped the more serious charge of inappropriate communication with a female subordinate (flirting, in colloquial terms). A week later – after the complainant’s testimony and minutes before Whelan’s attorneys could question her or hear from other witnesses – prosecutors dropped the remaining charges accusing Whelan of falsifying the same subordinate’s performance evaluation in 2011, for fear she would reveal their kind words. but no physical relationship with others. The court-martial came to an abrupt end. Despite the technical win for Whelan, the charges effectively sidelined the three-star general.

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The female complainant, as well as others directly involved in the investigation and prosecution, is also designated as a defendant in the statement of claim.

Soldiers are motivated by honor, so it’s not surprising that Whelan says he’s fighting to clear his good name. “I have to do this,” he claims, when I ask him what is behind the launch of these claims. “I do this for my family; I do it for our name, our reputation.” He continues, growing quieter, “For my self-esteem, my dignity; I have to do this.”

I have been betrayed. “If you are betrayed like this, you have to fight

Senior military officials would undoubtedly prefer Whelan to retire quietly. But they can’t say they weren’t warned about the risk of this going to court, Whelan claims: “I’ve warned them so many times.”

In 2021, after the sexual misconduct allegation was leaked to the media, Whelan was explicit: “I’m not going to walk away with your elegant solution (retire) … to try to avoid going to court.” When he said in 2023 that prosecutors were trying to force him to plead guilty, he refused. Within hours of the end of the court-martial, the CAF bureaucracy told Whelan that they were proceeding with an “administrative review process” (career review) to release him; that process is also not going according to plan.

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He remains in the force, albeit on administrative leave.

The claim filed by Whelan’s lawyer is expected to land with a loud thud on the desks of military insiders and the federal government. The Canadian Armed Forces are said to have been “unprofessional, arrogant and irresponsible” in their investigation. Whelan’s former female subordinate is accused of opportunism; misrepresenting facts for her own personal benefit.

But the most damning claims are those of political interference.

The statement of claim alleges that the Government of Canada, through its agents (the Defendants) in the Prime Minister’s Office, the Privy Council Office, DND and CAF, “intentionally or negligently damaged the career and welfare of LGen Whelan has destroyed to secure a desired political or personal situation. result.”

More specifically, the lawsuit accuses the CAF and DND of negligently investigating and maliciously prosecuting Whelan “as part of their response to intense political and media pressure to respond to the sexual misconduct crisis plaguing the military before, during and after the federal elections in the autumn. of 2021 and has thereby failed to discharge his duty to an accused due under the law.”

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In his statement of claim, Whelan is portrayed as a ‘victim of circumstance’. Instead of professionally investigating the allegations against Whelan to discover the truth, the statement said, “the CAF, bowing to undue political pressure, used the allegations as a media opportunity for political gain. In doing so they sacrificed LGen Whelan instead of giving him the rights he was due.”

Furthermore, the statement claims: “The prosecution and trial of LGen Whelan was part of a deliberate campaign to demonstrate that the authorities were taking action. Military and political personnel covered up a negligent investigation and an incompetent prosecution process to protect themselves and their organizations, at the expense of LGen Whelan.”

Opponents might argue that Whelan’s sole purpose in filing lawsuits in the Federal Court – and especially not within the military justice system – is to secure a government-funded windfall. In the conclusion of the claim, Whelan’s lawyers are seeking $8 million in compensation for loss of income and opportunity, $1.5 million for reputational damage, $500,000 in damages, plus a public apology.

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Others will view the lawsuit as vindictive; a grudge match for Whelan to settle old scores and make military insiders squirm.

Whelan instead speaks of the need to hold people and institutions accountable.

The statement of claim argues how top CAF leaders, concerned about their own reputations, “decided to surrender to the political establishment and protected themselves by making grandiose statements about culture.” Whelan further claims that he was wrongly denied the opportunity to plead his case and clear his name “as part of a strategic, top-down plan to get the damaging information into the public sphere, prevent the government from looking bad looks, and protect the CDS. Chief of Defense Staff) and VCDS (Vice Chief of Defense Staff) do not have to testify.”

(The statement of claim also reveals potentially compromising alleged confidences, including, for example, Eyre’s description of Jody Thomas as an “extremely toxic personality” who “hated male generals and shapeshifted in the shadow of PCO (Privy Council Office).”)

Whelan hopes the Federal Court proceedings will spark a new set of conversations that can bring about change.

“I have been betrayed,” Whelan concludes. “If you are betrayed like this, you have to fight.”

He may be the plaintiff in this lawsuit, but above all he is a soldier in the foxhole, fighting for his friends.

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