The former commanding officer of the Canadian Forces School of Military Intelligence continues to serve in the military after being relieved of command following an investigation into allegations of improper conduct.
In April, the Canadian Forces temporarily dismissed the Lieutenant-Colonel. Raphael Guay from his school supervisory role in Kingston, Ontario.
CBC News has now confirmed that the military decided months ago that Guay would not return to his command post due to the findings of the unit’s disciplinary investigation.
“In addition, other administrative and corrective actions were taken, including the cancellation of the promotion and planned assignment of the former commander,” wrote the spokesperson for the Department of National Defense (DND). , Daniel Le Bouthillier, in a statement to CBC News.
DND did not confirm the nature of the allegations being investigated, citing privacy laws.
The investigation found “no sufficient evidence to support” the laying of charges using the military justice system, DND said.
On July 5, Guay officially took up his duties in a new role – as a staff officer in the Canadian Forces Intelligence Command in Ottawa.
Several senior military officials are under investigation by military police over allegations of misconduct. In the last such case to make the news, Lieutenant-General. Steven Whelan resigned from his role as commander of military personnel on Friday. He faces an allegation of sexual misconduct which has been under investigation since June.
The army has also postponed the appointment of the lieutenant general. Trevor Cadieu – the person designated to be the next Army Commander – because he is under investigation for allegations of misconduct.
Guay’s case was first made public by Global News last spring in connection with allegations made by a single third-party complainant regarding various incidents that may constitute misconduct.
The military did not put Guay on leave during the unit’s disciplinary investigation. Instead, Guay was reassigned and worked from home as a staff officer, DND said.
“This does not signal a serious change”
Megan MacKenzie, the Simons Chair in International Law and Human Security at Simon Fraser University, said the handling of Guay’s case is another sign that the military has a deep-rooted problem of misconduct.
“This does not signal a serious change,” MacKenzie said of the results of the investigation. “This is what is happening. People are moving and they can bounce back.”
MacKenzie leads an international project studying sexual misconduct in various armies, including the Canadian Armed Forces.
“Putting someone in a staff position is a very common thing that happened before,” she said. “It almost always signals, ‘We are with you until it’s over. “I think this is a really big deal.”
“Any kind of misconduct impacts other members of the department. To have them always employed and actively working sends the wrong message about culture change.”
MacKenzie said the military’s saying it did not have sufficient evidence to lay charges did not amount to exoneration.
Army says it spoke to those affected
Maya Eichler is Associate Professor and Canada Research Chair who heads the Center for Social Innovation and Community Engagement in Military Affairs at Mount Saint Vincent University in Halifax. She said Guay’s case underscores what survivors and commentators have always said.
“That there must be more transparent and open communication on suspected cases of misconduct, including what happens as a result of investigations, and in particular when they involve senior leaders,” she said. declared. “More transparency on the part of the military is essential to restore public confidence in the institution.
DND said Canadian Forces Intelligence Command understands Guay’s case to be a “difficult situation” for staff and students at the school.
“Members of the Defense Team, who were directly affected, have been referred through the chain of command to ensure their well-being and provide them with fuller disclosure,” wrote a DND spokesperson.
CBC News has asked Guay for comment but has yet to receive a response.