To the former head of the staff of the Canadian Army personnel, who had been accused of misconduct but that the charges were withdrawn, they told him that he is being expelled from the Armed Forces.
Lieutenant General’s lawyers. Steve Whelan called him an “extraordinary and punitive maneuver” by the army and presented an urgent motion in a federal court to block his release.
It will be allowed to go from the army on March 6, 2025, under a provision known for defense regulations such as 5F, inadequate for additional service.
“This decision is an act of remuneration, pure and simple,” Whelan said in a statement.
“He [Canadian Armed Forces] Leaders must respond for their actions, under oath, in the registry and totally responsible in court. “
His lawyer, Phillip Millar, said that 5F release classification is generally reserved for individuals convicted of serious crimes or that the military consider irredimible.
Such designation would irreparably damage Whelan, professional and financial stability, stripping it of the benefits won and tarnishing a distinguished military service record that covers almost four decades, Millar added.
The claim statement filed in the Federal Court said on Tuesday that the notion that Whelan deserved to be released in such a way was never established because his martial court did not proceed, according to judicial records.
Whelan should receive a more appropriate medical release because he is currently receiving treatment for injuries suffered in the fulfillment of duty, according to the claim statement.
Court’s records did not say what their condition was.
The document also accused the army of trying to stain underlined the former head of the military personnel command.
“The continuous pattern of filtered information on the applicant’s case has exacerbated reputation damage, further underlining the need for immediate judicial intervention to avoid irreversible damage,” said the claim statement.
“Judicial supervision is the only mechanism available to guarantee justice, maintain natural justice and restore public confidence in Canada’s military institutions.”
The National Defense Department was asked for comments on Wednesday, but did not respond.
Last year, Whelan launched a lawsuit against his accuser, the federal government, the former best soldier in Canada and other military officials for $ 10 million in damages.
Whelan was accused by military prosecutors to give a female military member a better score in his performance evaluation report in 2011 to avoid informing emails “coquetos” that he sent him.
He declared himself innocent of the charges against him and had been scheduled to face the Martial Court.
But military prosecutors abruptly withdrew the charges of the crime of service against Whelan in 2023.
At that time, his lawyer said that his client made “a mistake” by participating in a “personal relationship” with a subordinate, but nothing sexual happened between them.
