Senior military commander under investigation after being accused of sexually assaulting subordinate

WARNING: This story contains graphic content and could be distressingto some.

Themilitary's head of personnel one of the more prominent leaders in the Canadian Armed Forces is on indefiniteleave with pay as he facesa military policeinvestigation over an allegation of rape that dates back almost three decades.

TheCanadian Forces National Investigation Service opened a file on Vice-Admiral Haydn Edmundson after CBC News notified the Department of National Defence (DND) that it was about to releasea story featuring on-the-record remarks bythe woman involved.

The allegations against Edmundson are the most seriousto be levelled recentlyagainst a senior leader in the Forces.

Former military memberStphanie Viau said she was a 19-year-old steward in the navy when Edmundson, a superior and lieutenant commander in 1991, started exposing his genitals to her onboard a navyship deployed tothe Pacific Ocean for an exercise.

Viau said she yelled at Edmundson and told him it was unacceptable behaviour.Days later, she said, the misconduct escalated and Edmundson sexually assaulted her onboard HMCS Provider in early November, 1991 while the ship was docked in Pearl Harbour, Hawaii.

"He wouldn't let me go," Viau told CBC News. "I can't say that it was a violent situation, but he sort of pushed me to the wall and he started undressing me.

"Then he turned me around and he raped me. There's no other way to say it ... My body just froze. I didn't know what to do. I was terrified."

Viau said she didn't report the assault at the time because she wasafraid to speak up against the third-highest ranking officer on the ship. She describeda pervasive culture of silence surroundingsexual misconduct, a lack ofsupport from thechain of commandand fear of career reprisals.

WATCH | Stphanie Viau shares her story of alleged sexual assault:

Stphanie Viau shares her story of alleged sexual assault by current military head of HR

3 years ago

Duration 9:18

Viau said Vice-Admiral Haydn Edmundson's inappropriate behaviour escalated to rape onboard HMCS Provider decades ago

Edmundson denies the allegations

Viau said she issharing her story publicly for the first time in an effort to heal. Shesaid shenow wants an independent investigation and charges laid.

I categorically deny that I have ever had non-consensual sex with anyone...ever- Vice-Admiral Haydn Edmundson

DNDtold CBC News today that Lt.-Gen. Wayne Eyre, the acting chief of the defence staff,has referred the matter to military police.

"The Canadian Armed Forces are very troubled by these allegations and, above else, are concerned for the well-being of the victim who has been carrying this burden for 30 years," wrote the department in a statement.

Edmundsondenies the allegations.

"I categorically deny that I have ever had non-consensual sex with anyone ...ever," wrote Edmundsonin a statement sent to CBC News.

CBC News contacted Edmundson Tuesday afternoon and asked him to reply Wednesday afternoon to adetailed 12-point listof the allegations, includingthe location andtimeframe forthe claims. Edmundsonsaid he was not provided with "sufficient particulars" and the "time necessary to respond to the allegations in any detail whatsoever."

DND said Edmundson "will be on leave until further notice."

A 'systemic'problem

Viau's allegations add to a pattern of claims of inappropriate behaviour involving Edmundson already reported by CBC News earlier this month a pattern that does not seem to have affectedhis career arc.

Naval colleagues gave Edmundson the nickname "Mulligan man" in the late 1990s because a military investigationintoclaims of unwanted sexual comments, predatory behaviour and inappropriate relationships with subordinates under his chain of commandcleared him of any wrongdoing.

Sources described the probe as flawed since not all witnesses and complainants were interviewed.

Defence Minister Harjit Sajjan's office said it asked Eyreto look into the claims involving Edmundson after CBC News' first story.

DND confirmed thatEdmundsontook leave after CBC's first story was publishedbuthis job status didnot change. Edmundsonretainedthetitle of commander of Military Personnel Command, which giveshimauthority over career consequences for sexual misconduct cases.

WATCH | Military's human resources commander was investigated for inappropriate behaviour:

Militarys human resources commander was investigated for inappropriate behaviour

3 years ago

Duration 2:00

CBC News has learned the commander in charge of human resources for the Armed Forces was investigated for allegations of inappropriate behaviour in the 1990s. The discovery comes as the Canadian military has two senior officers facing allegations of sexual misconduct.

Megan MacKenzie, the Simons Chair in International Law and Human Security at Simon Fraser University, said Edmundson's case shows the military does not have a zero tolerance policy when it comes to sexual assault in the ranks.

She said Edmundson should have been asked to step aside temporarily until the allegations were properly investigated.

"It's just such a sign of the systemic nature of this problem," said MacKenzie, who is part of an international project focused on sexual assault in the military.

"I think it's so disappointing and it weakens the claim that this is being taken seriously."

Sajjan's office said Eyre"has been handling the matter directly" in cooperation with military police and military personnel and noted that Edmundsonis on leave "and not currently serving in his role of Military Personnel Command."

In a media statement, the minister'soffice said it was made aware of the sexual assault allegations yesterday and has asked officials to provide Viau support. That support, said Sajjan's spokespersonTodd Lane,"includes assisting her to obtain the appropriate police investigation that she requests."

Edmundson named in class-action application

Last year, Viau named Edmundson as one of her alleged abusers in her applicationto jointhe military'ssexual misconduct class action settlement, according to documents viewed by CBC News.

Viauclaimedshe wasalsosexually assaulted by two othersuperiors during her first two years in the military before the alleged incidentinvolving Edmundson. Her class-actionclaimis currently under review.

"How ironic that HE was placed in such a position,"Viauwroteabout Edmundson in the claim dated July 22, 2020. "We will not be able to fix this tolerated sexual misconduct culture with the same people that nourished it."

Viau wrote in her application thatthere was an underlying culture ofmisogynyonboard HMCS Provider in the early 1990s. She described male colleaguesplaying pornographic videos in the lounge of the ship, men walking in on her while she wasshowering, and men frequently makingunwanted sexual comments about her appearance.

She said one of her responsibilities on boardwas toquietlywakeup officers for dutywithout disturbingroommates or turning on bright lights(to avoidcompromisingtheir night vision).

Viau said when the ship was at sea during an exercise called "NZAUS SOPLOY" from Sept. 4 toNov. 20, 1991, Edmundson started sleeping naked and exposing more and more of his body to her. Viau said she also believes he pretended to be asleep at timesso thatshe'd have to spend longer trying to wake him.

"The last time he did that, I went to wake him up and he was on his back completely naked," said Viau. "And he was waiting for me. I was so angry.

"I just flashed the white lights and I started yelling, 'I can't take this any longer.I can't believe this is what I have to do for work. I mean, this is unacceptable.' And I just burst out.'"

Days later, Viau said, whenthe ship was docked in Hawaii, shewent looking for another member's glasses at the front of the ship so they could goto Waikiki Beach.

'I didn't know how to get out of that situation'

Viau said Edmundson saw her and asked to speak to her in his cabin. Viau said she assumed he was going to apologize for exposing himself but when she entered his room, the lights were off and she immediately felt uncomfortable.

"I was extremely nervous and I didn't know how to get out of that situation, and I thought to myself, 'Just apologize and get the hell out,'" Viau said.

Viau alleges she told Edmundson her friends were waiting and she had to leave, but he "penetrated me against my will," according to a copy of her class-action claim.

CBC News interviewed an individual who confirmed thatViauwent missing during the time of the alleged assault.

"I do remember going to look for her and I remember calling her name," said the woman, who asked not to be named because she fears it could undermineher career.

Viau said thatwhile Edmundson was sexually assaulting her, she tried to call back to her friend, butEdmundson put his hand over her mouth.

Viau said she waslater reprimanded bythechain of command and given arecorded warningin her filefor speaking French aboardship rather than English.

Viau said she was told to be on her best behaviour for the subsequentsix months and waswarned that she faceddismissalfrom the CanadianForces. She said she wasn't given any priorverbal warningand believes it was an attemptto keep her quiet.

Two other members who served with Viau back up claims

Edmundson is just one of the military members named in Viau's10-page class-action claim. The document contains a series of sexual assault allegations ranging from inappropriate comments to being forced to model bathing suits on stage to nonconsensual sex with superiors during Viau's career in the Forcesbetween 1989 and1997.

Viauallegedthat she woke up to amaster corporalsexually assaulting her in her barrackscubiclein Feb. 1990 during basic training at Saint-Jean Garrison in Quebec.Viau also alleges her direct supervisor with the military police raped her at the Connaught military range in Ottawa when she was on temporary duty there in the summer of 1990.

Veterans Affairs Canadaapproved her claim for disability payments for post-traumatic stress disorder on Nov. 23, 2020, according to government documents viewed by CBC News. Viau said her trauma is connectedto the sexual assaults.

WATCH | 'She had nobody': Woman who served on ship in 1991 said Stphanie Viau couldn't have reported alleged sexual assault:

'She had nobody': Woman who served on ship in 1991 said Stphanie Viau couldn't have reported alleged sexual assault

3 years ago

Duration 1:26

A woman who served on HMCS Provider in 1991 and who asked to keep her identity secret said the chain of command wouldn't have taken Viau's sexual assault complaint seriously in 1991.

CBC News also reviewed Viau's employment history, personnel recordand certificate of service, all of which confirmedher timeline of events.

A copy of a "cruise book" from NZAUS SOPLOYviewed by CBC News also contains a series of photos placing Viau and Edmundsononthat ship during the relevant period oftime,and verifies the dates and routes Viau detailed in her allegations.

CBC News interviewed two people who served with Viau who corroborated much of her story; CBC has agreed to keep their names confidential because they fear damage to their careers. They both said that, based on everything they know, they believed Viau's version of events.

'She had nobody'

They bothalso said the militaryculture at the time would not have supportedViau reporting the alleged sexual assault. One said the chain of command would have brushed it off.

"She had nobody that she could trust to talk about it, or to make a complaint," said one of the individuals who served with Viau at sea in1991. "She had nobody. I think that was the biggest struggle back then you couldn't trust anybody."

A second person who served with Viauand was told about the allegedsexual assault last yearsaid it took "a lot of bravery and courage" for her to go public.

"For her to expose herself and her family to this, it's huge.Based on that and her integrity, there's no chance that there's a hole in this."

Both individuals told CBC News they also weresexually assaulted during their time in the military. One said shedid notreport it because of the prevailingculture in the Canadian Forcesat the time. She also saidher alleged attacker spread rumours leadingothers to publicly mock and humiliate her.

Viau callson PMto orderindependent investigation

Viau said shewants Edmundsoncharged withsexual assault.

There is no time limitation onsexual assault reports, saidretired colonel and military law expert Michel Drapeau, adding that avictim can come forward and report the crimedecades after it happened.

I want justice for me. But I also want justice for others.-

It would be the military's responsibility to investigate, he said,since the incident isalleged to havehappened aboarda military ship.

But Viausaid shewants an independent investigation because she doesn't trust the military to properly investigate and prosecute her case.The military has its own police and usually handlessexual assault charges throughits separatejustice system.

CBC News'The Fifth Estatereported this month that a former military police investigator said the military's judicial system is "ill-equipped" to handle such crimes. The former investigator said he dealt with commanding officers interfering with sexual assault cases, and prosecutors who were reluctant to move forward with charges.

Statisticsfrom2014-2017 show thatsexual assault conviction rates in the militarywere well below those inthe civilian justice system.

Viausaid she has no faith in themilitary's abilityto conduct an investigation in part becauseshealleges a military police officersexually assaulted her in the past.

She'snowcalling on Prime Minister Justin Trudeaufor help.

"I'm asking Justin Trudeau to change that so that it makes it possible for people like me to disclose and also to seek justice," said Viau.

"I want justice for me. But I also want justice for others."

After the military investigates, it has the optionto lay charges in civilian court if the victim requests it, said Drapeau.

In a mediastatement, the Prime Minister's Office did not comment specifically on the case. The PMOsaidthatPrime Minister Trudeauhas stated thatthose who serve in the military musthave a "safe work environment and have the resources and the supports needed to come forward with any concerns or allegations."

"As the Prime Minister and Minister Sajjan have said, we will continue to move forward on measures to ensure that we are not only giving those supports to people who come forward, but also ensuring that we're putting in place independent mechanisms to put an end to these deeply troubling allegations and this behaviour once and for all," wrote Alex Wellstead,a spokesperson for the PMO.

Give military sexual assault cases back tociviliancourts: Drapeau

Decades ago, the civilian justicesystemhandled sexual assault cases involving military members. But in 1998, the Department of National Defence asked for a change to the National Defence Act to remove sexual assault from the list of serious crimes that fall outside of the military's jurisdiction, said Drapeau.

WATCH |Senior military commander accused of sexual assault:

Militarys human resources commander accused of sexual assault

3 years ago

Duration 3:20

A former member of the Canadian Armed Forces alleges she was raped by Vice-Admiral Haydn Edmundson in 1991. Edmundson, the commander in charge of the militarys human resources, is under investigation because of the allegations.

Overnight, he said,military police and tribunals were put in charge of those cases without any prior experience.

"I have long argued that jurisdiction for sexual assaults should be returned to civilian police and the civilian criminal court," said Drapeau.

Mackenzieagreed the military is not equippedto deal with sexual assault allegations "well," especially when it comes to high-ranking officers. The system is builton the assumptionthathigh-ranking members won't commit misconduct, she said andthe current crisis inthe military shows that isn't the case.

Former chief of the defence staff Gen. Jonathan Vance and his replacement, Admiral Art McDonald, areboth facingmilitary police investigations over sexual misconduct allegations.

Vance spoke with Global News after the allegations against him first surfaced. He declined to offercomment to CBC News. McDonald has not responded publicly to the investigation involving him.

Two parliamentary committees are conducting their own inquiries intowhat the Liberal government knew about the allegations against McDonald and Vance,and when.

Viausaid shehopes the committees will look atEdmundson's case as well.

"The military has to stop handing sexual misconduct in-house," she said. "The consequences should be the same for every Canadian."