R v Colonel Kearney

On 8 May 2025, a court martial sentenced a retired Canadian colonel to a fine of $3,000.00 and a severe reprimand following a guilty plea to a single charge of "conduct to the prejudice of good order and discipline" contrary to s 129 of the National Defence Act (NDA).  The judgment has not yet been notoriously published, but the proceeding was the subject of brief reporting in the news media, including by two reporters who regularly cover matters of National Defence: Murray Brewster of the CBC ("Retired army colonel fined, reprimanded for insulting British senior officer") and David Pugliese of the Ottawa Citizen ("Canadian officer fined $3,000 for derogatory comment about British general").

Colonel Rob Kearney was a former officer of the regular force who retired in 2012, and then returned to service as a member of the reserve force a few years later, in order to serve in senior advisory positions at National Defence Headquarters.  He was then posted to the Allied Rapid Reaction Corps (ARRC) based out of Innsworth, United Kingdom a few years ago.  At the time, he was serving on a 'Class C' period of service as a reserve force officer. [For our American cousins, this is roughly analogous to 'Active Duty' status for an officer of the Reserves or the National Guard.]

According to a Canadian Forces News Release in April 2024, Colonel Kearney was initially charged on 23 April 2024 with five separate charges, each under s 129 of the NDA, with the dates of the allegations ranging from December 2021 to November 2023.  A complaint was first made in November 2023, and following a military police investigation, charges were laid five months later.  However, by the time that a court martial was convened before military judge, Colonel Nancy Isenor, only a single charge was presented.  Colonel Kearney pled guilty to the single charge.  And, while the judgment has not yet been published, and news reports did not indicate whether this was a joint submission within the framework established under the Supreme Court of Canada judgment in R v Anthony Cook, 2016 SCC 43, it appears that this may have been the case.

Shortly after the charges were laid in April 2024, Colonel Kearney, who had been posted to the United Kingdom, was repatriated back to Canada.  he then retired for a second time.

By virtue of subs 60(2) of the NDA, the Canadian Forces retained jurisdiction to try Colonel Kearney by court martial, even though he had retired prior to his court martial being convened.  Former members of the CF remain liable for prosecution under the Code of Service Discipline for any alleged service offence that they are alleged to have committed while subject to the Code of Service Discipline, provided that the alleged offence fell within the jurisdiction of the Code of Service Discipline at the time that it was purported to have arisen. 

In light of the sentence imposed, pursuant to s 249.47 of the NDA, this will not give rise to a criminal record.