In what has formed a public debacle, Admiral Art McDonald has announced plans to return to his position as commander of the Canadian Armed Forces after military police opted not to charge him following an investigation into his conduct.
Reports, however, said the Liberal government does not appear ready to welcome him back so soon.
It would be recalled that McDonald stepped down in February as chief of the defence staff as a result of a Canadian Forces National Investigation Service investigation into an allegation of misconduct.
But, McDonald’s legal team in a recent statement said the naval officer would be returning to the position after the nearly six-month investigation “exonerated” him.
The statement issued by his lawyers, Michael Edelson and Rory Fowler, said “Given that it was his decision to step aside, it is now his decision – indeed obligation – to return to his duties”
“Admiral McDonald, who has long been recognized as a proven leader of culture change in the Canadian Armed Forces, will now return to his duties as chief of defence staff.”
As of the time of filing this report, Prime Minister Justin Trudeau’s office was yet to take a stand on the news of McDonald’s plan to take back command of the military from acting defence chief Lt.-Gen. Wayne Eyre.
Defence Minister Harjit Sajjan said he expects McDonald to wait, which could set up a battle between the Liberal government and its hand-picked military commander ahead of a possible federal election.
He said “My expectation is that Admiral McDonald will remain on leave while we while we review this situation,” adding he only learned about McDonald’s plan a short time earlier.
“The position of chief of defence staff must always uphold the highest standard within the Canadian Armed Forces because of the responsibility of that position and the weight that it holds.”
Sajjan continued that Canadians and the Canadian Armed Forces are being “very well served” by Eyre at a time when the military is helping battle wildfires in British Columbia, rescue interpreters from Afghanistan and other security challenges.
It is important to note that The Canadian Forces National Investigation Service announced the end of the probe into McDonald’s conduct, saying they had decided there was not enough evidence to charge McDonald under either the Criminal Code or the military’s disciplinary code.
In a swift reaction, McDonald’s lawyers said in their statement that the fact military police couldn’t find enough evidence to charge him even under the disciplinary code was evidence the allegation against their client was unfounded.
The lawyers said “The investigators, and the prosecutors who advise them, would have been conscious of the criticism that would arise if no charges were laid”.
“They had a compelling motivation to pursue charges, even on weak evidence, in order to avoid the very criticism that has now been levelled against them. The absence of any charges – even under the Code of Service Discipline – is indicative of the absence of blameworthy conduct. As the investigation revealed, the complaint was groundless.”
While the nature of the allegation against McDonald has not been publicly confirmed, CBC had reported that it related to an allegation of sexual misconduct dating back to his time commanding a Canadian warship in 2010.
According to Global News, navy Lt. Heather Macdonald, a navy combat systems engineer, came forward with the allegation against McDonald. Macdonald was quoted by Global as saying she was upset by the military police decision.
The Liberal government has faced calls not to reinstate McDonald, with some experts and victims’ advocates questioning the decision to have military police, rather than civilian authorities, lead the investigation.
Reports have it that these experts and advocates have suggested this casts doubt on the veracity of the investigation, and that McDonald does not now have the moral authority to lead the military in changing its culture.
