Sajjan says allegation of sexual misconduct against top military commander came to him 3 years ago
Defence minister says he did not review evidence, suggested watchdog investigate
Defence Minister Harjit Sajjan acknowledged today that an allegation of sexual misconduct against the country's former top military commander was raised with him three years ago by the Canadian Forces ombudsman.
He confirmed he did not look at the evidence but insisted, however, that he instructed ombudsman Gary Walbourne to use the powers of his office, which would have allowed him to hand over information about the allegation to military police investigators.
Today's dramatic testimony before the House of Commons defence committee marks the first time Sajjan has revealed what took place in a private meeting on March 1, 2018 with the former watchdog. It's also the first substantive account the minister has provided since allegations of sexual misconduct involving Gen. Jonathan Vance first surfaced over a month ago.
Sajjan defended his decision to not look at the information Walbourne presented, saying he was trying to "protect the integrity of the investigation."
The former ombudsman testified earlier this month that he did not launch an investigation into an informal complaint against Vance which he had received from a woman — a junior non-commissioned officer.
WATCH | MPs debate Defence Minister Harjit Sajjan's committee testimony:
The Commons defence committee is trying to find out who in the Liberal government knew about the allegations and when. Global News first reported in early February on the claim that the former chief of the defence staff had a long-standing, inappropriate relationship with a female subordinate and that he allegedly had sent a racy email to another woman, a junior member of the military.
Military police are now investigating whether a violation of the Code of Service Discipline or anything criminal has taken place.
Following the meeting with Walbourne, Sajjan said, he referred the matter to the Privy Council Office, which oversees appointments like that of the chief of the defence staff, but the investigation was stymied by a lack of cooperation by the ombudsman. Walbourne has said he did not have the alleged victim's permission to share the information with military police.
Not the right person to give advice: Sajjan
Sajjan insisted he was not the person the ombudsman should have asked for advice.
"Drawing an elected official – a politician – into the sequence of an investigation would have been wrong and dangerous," the minister said. "Politicizing any investigation threatens a just outcome for those who come forward. Given his position and experience, Mr. Walbourne should have known this."
Expert testimony before the committee has already established that the ombudsman only reports to the minister.
Sajjan attempted to downplay what he heard from Walbourne, saying the majority of the private conversation involved a discussion of a workplace safety investigation into the ombudsman's office which was going on at the time.
The committee also has heard testimony suggesting the minister could have ordered a board of inquiry to look into the concerns raised by the former ombudsman.
Sajjan pushed back against that claim, pointing to military regulations which prohibit inquiries from being used in place of law enforcement investigations.
New Democrat defence critic Randall Garrison seized on that point, saying that the minister must have realized what Walbourne was going to show him could have been criminal in nature.
The exchange became heated when Garrison suggested Sajjan might have been trying to cover for Vance, whom he served under in Afghanistan.
Sajjan says he's not friends with Vance
The minister denied being friends with Vance.
"Please don't allow this member to define my experience in the Canadian Armed Forces or what it was like, because I would not do [that] for what happened in your life. I'm sorry," he said.
"I've had many people, many white men, tell me what my experience is. I would go after anyone, regardless of rank or position, if allegations were brought forward."
Earlier in the day, before Sajjan testified, the minister received a public vote of confidence from Prime Minister Justin Trudeau.
"The defence minister, quite appropriately, said, 'I'm not the person who can investigate this, you need to go to the appropriate independent authorities who will follow up on this and take this very seriously,'" said Trudeau.
Naval officer testifies
Meanwhile, the naval officer who helped bring sexual misconduct allegations against the current chief of the defence staff also testified before the defence committee today.
Lt.-Cmdr. Raymond Trotter said he became aware of misconduct claims against Admiral Art McDonald through the alleged victim.
Under the military's campaign to stamp out misconduct in the ranks, Trotter was required to report what he had been told, even though the woman had asked for confidentiality.
He described going through a maddening maze of bureaucracy, institutional and political, to report the allegation against McDonald.
At one point, Trotter said, he was contacted by the chief of staff to the defence minister — a woman who initially thought he was trying to report about Gen. Vance.
There was confusion about that aspect of his story because Sajjan's senior adviser is a man. The person who contacted him was a senior defence department official.
WATCH | Law and security professor discusses how the Canadian military can address sexual misconduct:
Eventually, he was interviewed by the National Investigation Service, which subsequently began an investigation into McDonald.
"This is very difficult for me, as I was trying to do my duty to the CAF and to the complainant," Trotter said. "I wish there had been more guidance for me."
Trotter told the committee he has been threatened because of his involvement in the case, but declined to give details because it's under investigation by military police.
He said last month he was involved in reporting a separate sexual misconduct complaint involving a Zoom call where racy comments may have been made.
He said he faced blowback from colleagues and was berated in one phone call.
"That senior person raised his voice and spoke to me in a very demeaning manner, indicating, and pardon my language, that I had f--ked up and that I ruined the respondent's career over nothing," he said.
Trotter told the committee he is worried about reprisals when he returns to duty, but added his superiors have assured him he has their support.
You can watch full episodes of Power & Politics on CBC Gem, the CBC's streaming service
ABOUT THE AUTHOR
