'If substantiated, they could amount to a deliberate failure to properly investigate the serious allegation of sexual misconduct'
The Military Police Complaints Commission of Canada (MPCC) has initiated a high-level investigation into allegations from Lt.-Gen. Steven Whelan, the Canadian Armed Forces’ (CAF) former head of human resources, who claims his sexual misconduct case was mishandled by military police.
Whelan, who faced charges in 2022 that were subsequently dropped during his court martial in 2023, alleges the investigation into his conduct was unprofessional and influenced by improper interference from his chain of command, according to the CBC.
Whelan claims the charges were "coerced" and that military police investigators mishandled evidence, failed to interview key witnesses, and neglected to document critical interactions. He also accuses investigators of not addressing potential conflicts of interest among witnesses and failing to investigate media leaks about his case.
‘Significant’ allegations of failed investigation
MPCC chairperson Tammy Tremblay described the allegations as "significant" in her announcement of the investigation.
"If substantiated, they could amount to a deliberate failure to properly investigate the serious allegation of sexual misconduct, possibly because the investigation was conducted with the objective of reaching a predetermined outcome," she said.
The MPCC will conduct a public interest investigation, a rigorous process just below the level of public hearings, says the CBC. Tremblay noted that subpoenas could be issued if the Canadian Armed Forces do not voluntarily cooperate.
This is the second active investigation by the MPCC involving senior military leaders alleging flawed investigations. Maj.-Gen. Dany Fortin, the former leader of Canada’s COVID-19 vaccine rollout, is also seeking answers after his sexual assault charges resulted in acquittal during a 2022 criminal trial.
Whelan’s allegations highlight ongoing concerns over the military's handling of sensitive investigations. His lawyer, Phillip Millar, welcomed the probe, telling the CBC: "It's clear the commission has expressed some frustration getting information from the military police, so we look forward to seeing how well the Canadian Armed Forces cooperates with them."
Former head of HR at military
Whelan, who is suing the federal government, CAF leadership, and others for $10 million, alleges his career was deliberately derailed for political purposes. He was removed from his HR post in 2021 while under investigation and remains in the military but is not currently serving in an official capacity as he prepares for his release.
The lawsuit claims Whelan was accused of favouring a subordinate in a 2011 performance evaluation to dissuade her from reporting "flirtatious" emails, says the CBC. While Whelan admitted to engaging in a “personal relationship” with the woman, his lawyer argued no sexual misconduct occurred.
Millar has indicated that Whelan is writing a book about the experience. According to Millar, the book will "name names" and expose "how the chain of command and political players worked behind the scenes to take him down with a false allegation."
The MPCC investigation could take years to complete, with findings to be released publicly in a final report, says the CBC. Tremblay emphasized that while public hearings are not currently planned, the MPCC could reconsider if the military fails to cooperate.
As of now, the CAF has not provided a response to the MPCC’s investigation or Whelan’s allegations.
