More than 140 military sexual misconduct investigations could be handed over to civilian police

Roughly 145 cases of sexual misconduct allegations involving Canadian Armed Forces members so far could be transferred to civilian police to investigate.

Defence Minister Anita Anand announced last week she would act on a recommendation to transfer military sexual misconduct cases to civilian police to investigate and to civilian courts for prosecution.

The Office of the Canadian Forces Provost Marshalsharedthe number of cases under consideration for transfer to the civilian justice system withCBC News on Friday.

"This number could change as each case progresses and is assessed," Lt.-Cmdr.Jamie Bresolin, spokesperson for the provost marshal's office, toldCBC News.

Bresolin said military police are nowreviewing each investigation to see which cases should be handed over. The cases that will be transferred involve sexual assault allegations or other criminal offences of a sexual nature, the office said.

The government has not yet set up a process to transfer cases to the civilian judicial system. The provost marshal's office said it is "already engaged" with senior leaders at the RCMP and police chiefs across Canada on a path forward. Another meeting is scheduled for later this month.

In the meantime, military police investigators are continuing toinvestigate sexual misconduct cases to determine if charges can be laid under the National Defence Act, Bresolin said.

The Canadian Forces National Investigative Unit (CFNIS) currently investigates allegations of sexual assault and misconduct in the ranks.CFNIS has come in for intense scrutiny this year related tothe ongoing sexual misconduct crisis.

Charlotte Duval-Lantoine, a fellow at the Canadian Global Affairs Institute, said the 145 cases represent about one case per 100 service members, and donot represent the full picture. The sexual misconduct crisis is likely worse than the numbers show, she said.

"It is well known that there [are]more people who have experienced sexual misconduct than those who report. And even when a complaint is brought forth,it is not always investigated," said Duval-Lantoine.

Since early February 2021, at least seven senior military leaders have been investigated by CFNIS over allegations of sexual misconduct. Three otherswere placed on leave over their handling of sexual misconduct files. Another commander was subjected toa unit disciplinary investigation.

• A military in crisis: Here are the senior leaders embroiled in sexual misconduct cases

One of those senior military leaders investigated by CFNIS isCanada's top commander, Chief of Defence Staff Admiral Art McDonald, who ison leave with pay while the Prime Minister's Office considershis future.

McDonald denied the allegations and launched a public campaign for reinstatement, saying he was exonerated because charges were not laid andhe should get his old job back.

In response, military police issued a rare statement saying the lack of charges did not mean the allegation was unfounded. The government is now reviewing the case. The position of chief of the defence staff is a governor-in-council appointment meaning the prime minister can dismiss McDonald at any time.

Anand's move to transfer military sexual misconduct cases to the civilian justice system was based on an interim recommendation by retired Supreme Court justice Louise Arbour.

The government tasked Arbour with reviewing the sexual misconduct crisis and draftinga final report.

Arbour issued a letter to Anand's predecessor Harjit Sajjan at the end of Octobersayingrecurrent allegations of historical sexual misconduct against senior military leaders led her to "conclude that immediate remedial actions are necessary to start restoring trust" in the Canadian Armed Forces.

She said that during her review she heard from sexual misconduct survivors who said they wereskepticalof the independence and competence of military police.

"This perception is pervasive in the CAF and the DND and, I believe, a large segment of public opinion," wrote Arbour. "It has created serious mistrust in the military justice system and, in particular, in the investigative phase."

In a joint statement, the Canadian Forces provost marshal and the director of military prosecutions said that the shift of case files to the civilian system is"appropriate and necessary" and although military police investigators and prosecutors "possess the professional skills, dedication and competence,"it's not enough to "build and maintain" trust in the system.

Arbour's recommendation is based on a key finding in former Supreme Court justice Morris Fish's landmark report onthe military's justice system, released in June.

Fish said sexual misconduct cases should be handed over to civilians until more protections are in place for victims.

Anand said that the transfer of files to the civilian system is a temporary measure right now,but if Arbour finds during the courseof her investigation that it should be permanent, the government will act on that recommendation.