Top military officer Steven Whelan fights dishonourable discharge in Federal Court

Lt.-Gen. Steve Whelan, the former head of the Canadian military’s personnel branch, is facing a harsh decision from the Armed Forces. Despite having charges of misconduct withdrawn, Whelan has been informed that he will be discharged from the military on March 6, 2025, under the provision known as a 5F — Unsuitable for Further Service.

Whelan’s legal team has described this decision as an “extraordinary and punitive manoeuvre” by the military and has taken urgent action by filing a motion in Federal Court to block his release. They argue that the 5F release classification is typically reserved for individuals convicted of serious offences or deemed irredeemable by the military, and that it would irreparably damage Whelan’s reputation, career, and financial stability.

In a statement, Whelan expressed his belief that the decision to release him in such a manner is an act of retribution and called for accountability from the Canadian Armed Forces leaders. His lawyer, Phillip Millar, emphasized that Whelan should be given a medical release due to injuries sustained in the line of duty, rather than being subjected to a 5F release.

The statement of claim filed in Federal Court also accuses the military of attempting to smear Whelan’s reputation, citing a pattern of leaked information about his case that has exacerbated reputational harm. The document asserts that judicial oversight is necessary to ensure fairness, uphold natural justice, and restore public confidence in Canada’s military institutions.

Despite multiple attempts to solicit a comment from the Department of National Defence, no response has been received. Last year, Whelan launched a lawsuit against his accuser, the federal government, Canada’s former top soldier, and other military officials for $10 million in damages.

Whelan had been accused by military prosecutors of manipulating a female military member’s performance evaluation report in 2011 to prevent her from reporting inappropriate emails he had sent. He maintained his innocence and pleaded not guilty to the charges, which were ultimately withdrawn by military prosecutors in 2023.

While Whelan admitted to engaging in a “personal relationship” with a subordinate, he denied any sexual misconduct. As the legal battle continues, Whelan remains steadfast in his pursuit of justice and vindication.