Military police officers suspended after court ruled misconduct in sexual assault investigation

February 5, 2025 Canuck

Two military police members have been suspended from duty while an investigation takes place into misconduct an Ontario Superior Court judge ruled took place during a sexual assault investigation, according to the commanding officer of Canada’s military police.

In her decision last month, Ontario Superior Court Justice Cynthia Petersen of Brampton stayed charges against an active member of the Canadian Armed Forces who was accused of assaulting and sexually assaulting his wife from 2007 to 2011.

The decision was issued days before the trial was set to begin following revelations during pre-trial testimony. Petersen’s decision outlined how four officers with the Canadian Forces National Investigation Services (CFNIS) systematically showed bias toward the complainant — a military reservist herself — failed to properly document significant aspects of the investigation, withheld and even destroyed some evidence that should have been handed over during disclosure in court proceedings.

She said the misconduct in this case was “so egregious,” she had no choice but to stay the charges.

In a statement issued this week, Canadian Forces Provost Marshal Brig.-Gen Vanessa Hanrahan, who oversees military police in Canada, said she takes the “concerns raised by Justice Petersen …. very seriously.”

“The professional conduct of the military police is vital to maintaining the integrity of the justice system and the trust of those we serve,” her statement read.

She confirmed that before the court’s decision, the Office of Professional Standards — a team within her office that investigates misconduct — “received a conduct complaint from a member of the public” in relation to this case.

This triggers an automatic conduct complaint investigation under the National Defence Act.

Edmonton defence attorney Austin Corbett poses in his office. — Edmonton defence lawyer Austin Corbett confirmed his client filed a formal complaint against military police prior to his charges getting stayed. (Samuel Martin/CBC)

Hanrahan also said two members of the military police who were involved in the matter “have recently been suspended from policing duties and functions, pending further investigation,” though she did not specify which ones.

She went on to say that these actions demonstrate “our commitment to maintaining a professional military police service, one which has processes in place to hold individuals accountable and prevent future occurrences.”

In a subsequent interview with CBC, Hanrahan said this was a case of “individuals” within the military police who made a mistake.

“They’re human beings. They sometimes make mistakes, even if with the best of intentions,” she said.

However, she said her office is “looking at whether or not there are some systematic things that we need to change to ensure that we are maintaining the public’s trust,” including a review of all open CFNIS investigations.

“I can never say it will never happen again. Individuals take individual action and sometimes what I think is more important is making sure we have some safeguards in place to pick that up as early as possible,” she said.

Defendant filed complaint into police conduct

Austin Corbett, the defence council in this case, confirmed his client filed the conduct complaint, though did not specify when.

“They’re not satisfied yet,” he said, adding that his client hopes to see the judge’s decision corroborated by the internal investigation the Office of Professional Standards is conducting.

Retired lieutenant-colonel Rory Fowler, a former military lawyer now in private practice poses for a photo in an office. — Retired lieutenant-colonel Rory Fowler, a former military lawyer now in private practice, says he’s concerned the Canadian Forces Provost Marshal only seems to be taking action now that Ontario Superior Court Justice Cynthia Petersen’s decision has been made public. (Sylvain Lepage/CBC)

Rory Fowler, a retired legal officer now in private practice with a focus on military law, argues the response by Hanrahan’s office comes too late to instil any trust that justice is being served in this case.

“What we’re seeing is a reaction because they literally got caught with their hand in the cookie jar,” he said.

Fowler said he remains concerned that the public is only aware of the misconduct by military police during this investigation because the defendant took legal action and Petersen wrote such a detailed ruling.

There are also questions about how reliably military police in Canada can investigate their own misconduct, he said, and suggested the more appropriate course of action would be a public hearing into the military police and misconduct..

“We are only seeing the tip of the iceberg,” he said.

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Military police officers suspended after court ruled misconduct in sexual assault investigation

Defendant filed complaint into police conduct

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