 |
| Admiral Arthur Gerard McDonald, CMM, MSM, CD Chief of the Defence Staff Canadian Armed Forces |
On February 25, 2021, the Commander of the Army, Lieutenant-General (LGen) Wayne Eyre was appointed as acting CDS. LGen Eyre has been serving uninterrupted in this role since then.
On Friday August 13, 2021, LGen Eyere was promoted by Her Excellency the Governor General to the rank of General.
CFNIS investigation
It took nearly seven months for the CFNIS to conduct their investigation. On the late afternoon of Friday, August 6, 2021, the CFNIS announced that their investigation “. . . did not reveal evidence to support the laying of charges under either the Code of Service Discipline or the Criminal Code of Canada."
Unexpectedly, on Wednesday, August 11, 2021, lawyers for Admiral McDonald [Messrs Michael Edelson and LtCol (retired) Rory Fowler] released a two-page statement to the media. At its core, the statement announced the following:
“After consultation with his counsel, Admiral Art McDonald has decided to return to his duties and functions immediately. [My emphasis]
Given that it was his decision to step aside, it is now his decision - indeed obligation - to return to his duties.”
A copy of that statement from counsel will be made available on demand.
Admiral McDonald's decision to return to duty is immediately rebuffed by government
Also on Wednesday, August 11, 2021, the Privy Council Office (PCO), which advises Prime Minister Justin Trudeau, released a statement pointing out that until further notice LGen Eyre will remain in his role as acting Chief of the Defence Staff.
Later that same day, the Minister of National Defence (MND), Harjit Sajjan, offered the comment that “the position of chief of the defence staff must always uphold the highest standard within the Canadian Armed Forces”. He went on to add that "Canadians and the military have been well served by the Acting CDS, LGen Eyre."
CDS is placed on administrative leave and will be marking time till the Fall 2021
On Thursday, August 12, 2021, the MND sternly announced that Admiral McDonald has now been placed on “administrative
leave” and that he will not immediately return to his job as the CDS.
To give legal force to that decision, the Government also approved an Order-in-Council (OIC).
- An OIC is a legal instrument made by the Governor in Council (Cabinet) on the recommendation of the responsible Minister of the Crown.
- It takes legal effect only when approved and signed by Her Excellency the Governor General.
COMMENTS
Generally
Black letter law. The Prime Minister has the ultimate responsibility for appointing, re-instating or terminating the person acting as the CDS.
The Facts. Admiral McDonald may not have been given a red light by the Prime Minister but, at a minimum, he has been shown a bright 'yellow light." This means that Admiral McDonald will only be able to exercise his duties as the CDS, if and when the Prime Minister gives him a "green light" to resume his duties as the CDS.
On Sunday, August 15, 2021 a General Election was called for September 20, 2021. A formal decision on the fate of Admiral McDonald will likely not be made until a new Government assumed office and a new Cabinet is thereafter formed in the Fall. In the meanwhile, Admiral McDonald will be "marking time".
Next government will need to set the bar high
The individual who next will be given the 'baton' as the CDS would need to have the required high ‘moral authority’ to be trusted, from the get go, by his political masters, the general public as well as the military rank and file [and military families] to permit him or her to carry the torch forward for the eradication of sexual harassment and violence in the armed forces.
Has anyone bid for the movie rights?
ReplyDelete