Military watchdog investigating after top officer claims sexual misconduct case was botched

The Military Police Complaints Commission of Canada (MPCC) has initiated a thorough investigation into allegations made by Lt.-Gen. Steven Whelan, the former head of HR for the country’s military, regarding the mishandling of his sexual misconduct case. Whelan had faced two military service offence charges in 2022, one of which was related to an alleged inappropriate relationship with a subordinate. However, these charges were later withdrawn.

Whelan’s complaint to the watchdog suggests that the charges against him were coerced due to improper interference from his chain of command. He also alleges that military police investigators mishandled evidence and failed to interview key witnesses. MPCC chairperson Tammy Tremblay described these allegations as significant and announced the launch of a public interest investigation, the second-highest level of probe below public hearings.

This is not the only case of its kind before the commission, as they are also investigating a complaint from Maj.-Gen. Dany Fortin, who was acquitted of sexual assault in a 2022 criminal trial. Whelan was removed from his position as head of the military’s human relations section in October 2021 while under investigation by military police.

During the court martial proceedings, Whelan pleaded not guilty to the charges of giving a female military member a better performance evaluation score in 2011 to prevent her from reporting inappropriate emails. His lawyer, Phillip Millar, argued that while Whelan engaged in a personal relationship with a subordinate, nothing sexual transpired between them.

Whelan subsequently filed a lawsuit against his accuser, the federal government, the chief of defence staff, and other military officials, seeking $10 million in damages. Millar stated that Whelan is in the process of writing a book exposing the behind-the-scenes events leading to his court martial, promising to name names and reveal how the chain of command and political figures conspired against him.

In his complaint to the MPCC, Whelan made similar allegations of improper influence by his chain of command on the military police investigation, improper documentation of interactions with the complainant, failure to ask important questions during interviews, and neglecting to investigate potential conflicts of interest among witnesses. He also accused the military of neglecting to investigate media leaks about his case, potentially violating his rights.

The allegations in Whelan’s complaint have not been proven in court or by the military police watchdog. Tremblay expressed that the severity of the allegations could have warranted public hearings, but the decision was made to investigate without a hearing for efficiency. However, she noted that public hearings could be considered if there is insufficient voluntary cooperation from the Canadian Armed Forces.

Millar welcomed the commission’s investigation into what he described as abusive process allegations and expressed hope for cooperation from the military. The Canadian Armed Forces have not yet responded to requests for comment. Whelan is currently still in the military but is not working in an official capacity as he navigates his release from the forces.

It is important to note that the investigations by the military police watchdog can be lengthy, and a final report will be issued publicly upon completion. The truth behind Whelan’s allegations and the handling of his case will hopefully be revealed through this investigation.