Author Topic: Sex-related Offences Against Army Commanding Officer Withdrawn  (Read 35919 times)

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Online Strike

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Re: CAF Member charged with sex-related offenses
« Reply #25 on: July 29, 2015, 08:39:48 »
...I have noticed that no one on these pages has offered up any personal observations on the man and his abilities.  That might be more relevant than regurgitating various press releases.
 

That's probably because those of us that know him, and know him well, are in shock about the allegations and don't know how to react. 
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Offline Old EO Tech

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Re: CAF Member charged with sex-related offenses
« Reply #26 on: July 29, 2015, 10:14:04 »
Yes I concur, this is a large shock for those of us who know him well, still a lot to process.


Offline JesseWZ

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Re: CAF Member charged with sex-related offenses
« Reply #27 on: July 29, 2015, 10:32:56 »
Hmmm...here we go again. The email sent out by the boss last week, must have hit home hard...I mean why is this just coming to light now if it  *allegedly* took place between 1998 - 2007? Mbr would have been a Captain - Major at the time.
This sounds like another Williams situation, only that the last name here makes it even more eerie.

I disagree entirely. These investigations, particularly investigations which result in charges being laid, take enormous amounts of time. The email likely had nothing to do with charges being laid as the National Investigation Service (the primary agency) is independent of the Chain of Command and couldn't be influenced one way or another to lay charges. A week is usually not enough time to travel to where the victims reside, conduct detailed interviews, prepare and execute production orders and search warrants, gather any other physical or witness evidence, arrest, charge and release the accused.
I suspect it is simply coincidence that the press release was issued *around* the same time our new CDS has issued strong positive direction in regards to how to handle sexual harassment. It may be that the recent review conducted by the Madame Justice spurred the victims to report the offence, but that is only speculation. I also suspect the timing of the press release is only coincidence and not a ploy or an effort to make an example of one individual.

*Edited for grammar*
« Last Edit: July 29, 2015, 23:58:12 by JesseWZ »
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Re: CAF Member charged with sex-related offenses
« Reply #28 on: July 29, 2015, 10:45:33 »
I mean why is this just coming to light now if it  *allegedly* took place between 1998 - 2007?

Because the victim only came forward in April: Globe and Mail article
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Offline opcougar

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Re: CAF Member charged with sex-related offenses
« Reply #29 on: July 29, 2015, 11:04:34 »
Thanks...a couple of people already echoed your point up thread!

Because the victim only came forward in April: Globe and Mail article

For those saying they are "shocked"...I guess this has similarities to the ongoing RMC incident that made the news as well i.e. the victim, and someone she knew too well, but wasn't "in charge of" / mentoring her.

A civilian court will decide this latest incident, and we can expect it to drag on for a while. Aside, the new direction from the "boss", is that when there is an alleged accusation of harassment, the accused is to be "removed" / "separated" from the accuser until an investigation is complete. It makes sense really for awkwardness sake and all that

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Re: CAF Member charged with sex-related offenses
« Reply #30 on: July 29, 2015, 11:54:35 »
Wouldn't it be prudent for the CoC to remove him from his current position due to the fact that he will be preoccupied with dealing the charges against him, and not able to fully focus on his duties as CO?

Yep.  QR&O 101.09 RELIEF FROM PERFORMANCE OF MILITARY DUTY – PRE AND POST TRIAL: link
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Re: CAF Member charged with sex-related offenses
« Reply #31 on: July 29, 2015, 13:42:19 »
With all due respect, the man is innocent. The alleged offences have occurred against a single individual and have yet to prove out in a court of law. No one else seems to have come forward although that could happen later.  There have been literally hundreds of cases where people have had their lives totally destroyed and have later been proven innocent.  It would be a tragedy if an excellent officer and leader was lost because of nothing more than innuendo.  I have noticed that no one on these pages has offered up any personal observations on the man and his abilities.  That might be more relevant than regurgitating various press releases.
 

You're quite right in that the man is innocent; he has been convicted of nothing.  His record is exemplary, and given that he was chosen to command an infantry battalion, he has been judged as the right person to command.  This is no small feat; many officers are passed over for battalion command.

Having said all of this, however, if (and that is a huge *if*) he were to be convicted, then none of that would be relevant.  As an example of an exemplary career being irrelevant, consider Russell Williams.  He was a colonel in the Air Force and commanded at Trenton.  He was popular, he was effective, and he was key in Canada's response to the earthquake in Haiti some years ago.  But behind the scenes, it turns out he was a monster.  In short, his exemplary career was one thing, he criminal actions another.

For LCol Stalker, he's only been accused and until such time that he is convicted, should that day ever come, he remains an exemplary officer who will be given his due process.  The onus of guilt or innocence remains with HM The Queen, not with him.

So, there I was....

Offline CountDC

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Re: CAF Member charged with sex-related offenses
« Reply #32 on: July 29, 2015, 16:44:54 »
ok - is my math off.

Say this young man joined when he turned twelve and events started that year which would have been 1998.  What ever happened took place between then and 2007 which would make him 22 years old.  But cadets is for those 12 to 18 years old. 

Sorry to be a little wary of jumping on the bandwagon.
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Offline NeverDismount

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Re: CAF Member charged with sex-related offenses
« Reply #33 on: July 29, 2015, 16:50:38 »

For LCol Stalker, he's only been accused and until such time that he is convicted, should that day ever come, he remains an exemplary officer who will be given his due process.  The onus of guilt or innocence remains with HM The Queen, not with him.



Very true Mr Viking.

It is an problem though, guilty or innocent, that cases like this get tried in the Court of Public opinion first. Unfortunately it paints a disgusting picture before LCol Stalker has had the opportunity to defend himself or prove his innocence. As it was mentioned in the thread, there is a lot more to the story than has been reported in the media. The very little information we know is certainly disturbing, but we don't know the whole story yet. *I am not saying he's innocent or the alleged victim is lying, merely that he deserves the right to defend himself, like all Canadians*

ok - is my math off.

Say this young man joined when he turned twelve and events started that year which would have been 1998.  What ever happened took place between then and 2007 which would make him 22 years old.  But cadets is for those 12 to 18 years old. 

Sorry to be a little wary of jumping on the bandwagon.

CountDC,

We have so little information about the alleged victim that the math is almost irrelevant. For all we know, the charges could be in relation to events that took place while he was a minor and a cadet, then carried on after, when he was over the age of majority. We don not have enough facts about the incident.
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Online Strike

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Re: CAF Member charged with sex-related offenses
« Reply #34 on: July 29, 2015, 20:17:40 »
ok - is my math off.

Say this young man joined when he turned twelve and events started that year which would have been 1998.  What ever happened took place between then and 2007 which would make him 22 years old.  But cadets is for those 12 to 18 years old. 

Sorry to be a little wary of jumping on the bandwagon.

You're not the only one who was thinking that.  But we have to remember that it's relatively early days in the investigation and the dates reflect the time he was mentoring cadets and not necessarily when the accused incidences took place.  They would keep the dates vague in order to protect the accuser and also encourage others to come forward if there were other cases.
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Offline Ayrsayle

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Re: CAF Member charged with sex-related offenses
« Reply #35 on: July 29, 2015, 21:16:01 »
That's probably because those of us that know him, and know him well, are in shock about the allegations and don't know how to react.

Exactly.  I've had the pleasure of working for him over the last year and there was nothing to suspect any of these particular charges.  I suspect most of the members at 1 PPCLI (who are currently on leave) haven't really had the time to process the information.  It was completely unexpected - shock is the common reaction.
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Re: CAF Member charged with sex-related offenses
« Reply #36 on: July 29, 2015, 22:01:14 »
ok - is my math off.

Say this young man joined when he turned twelve and events started that year which would have been 1998.  What ever happened took place between then and 2007 which would make him 22 years old.  But cadets is for those 12 to 18 years old. 

Sorry to be a little wary of jumping on the bandwagon.

Besides considering the math, one must also consider the nature of the charges.  Speaking in generalities, and not in any way trying to dissect what did or didn't happen or imply someone's guilt or innocence:

1)  Charges for sexual interference can be laid in response to alleged incidents when the victim is younger than 16 years of age;

2)  Charges for "invitation to sexual touching" also apply to crimes against a person younger than 16;

3)  Charges for of sexual exploitation can be laid in response to alleged incident(s) when the person who commits the offence is in a position of trust or authority towards a young person.  A young person is defined as someone between the ages of 16 and 18.

4)  Charges for sexual assault can be laid in response to incident(s) that took place against a victim of any age; and

5)  Charges for "breach of trust for a public officer" can also be laid in response to incidents that took place against a victim of any age or, more then likely, because of the circumstances under which any of the above offences occurred.

If this all makes it to court, and the case is presented, it will become clear why various charges were laid but people can't assume things based on rough indications of timelines and press release details.  Many other factors can come into play.

Offline YZT580

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Re: CAF Member charged with sex-related offenses
« Reply #37 on: July 29, 2015, 22:36:20 »
There is nothing known whatsoever.  The only fact is as stated in the title of this thread: CAF Member charged with sex-related offenses.  Everything else is supposition, hearsay, and slanderous unless and until proven to be true.  Unfortunately it is those thoughts that will come to mind every time his name is mentioned from now until the day he leaves.  He may have been a good officer but he has been tried in the court of public opinion, his guilt has been decided and regardless of the final outcome of his trial (and I truly hope that he is indeed innocent) he will never command even an office party ever.

Offline Pusser

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Re: CAF Member charged with sex-related offenses
« Reply #38 on: July 30, 2015, 06:21:48 »
ok - is my math off.

Say this young man joined when he turned twelve and events started that year which would have been 1998.  What ever happened took place between then and 2007 which would make him 22 years old.  But cadets is for those 12 to 18 years old. 

Sorry to be a little wary of jumping on the bandwagon.

There is nothing wrong with the math.  I don't think it says anywhere that he was a cadet at the time.  In fact, one article states that it allegedly happened when he was mentoring cadets. It is not at all uncommon for regular force members to volunteer with local cadet corps.  Also, most cadet corps are assigned liaison officers from both regular and reserve units in the vicinity.  I suspect that he is being accused of doing something while he was working with a local cadet corps as a regular force officer.
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Going to jury trial
« Reply #39 on: September 22, 2015, 06:22:33 »
The latest ....
Quote
A high-ranking military officer accused of sex offences has chosen to have a jury trial.

Lt.-Col. Mason Stalker, 40, commander of the 1st Battalion, Princess Patricia’s Canadian Light Infantry in Edmonton, was arrested in July on 10 charges.

(....)

A justice official says a preliminary hearing in the case is to begin Aug. 2.

No trial date has been set.
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Offline Bzzliteyr

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Re: CAF Member charged with sex-related offenses
« Reply #40 on: September 22, 2015, 11:47:24 »
I want to assume that's a typo. October 2nd?
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Re: CAF Member charged with sex-related offenses
« Reply #41 on: September 22, 2015, 12:08:54 »
I want to assume that's a typo. October 2nd?
All the stories give the same date - the wheels of justice can, at times, grind sloooooooooooooooooooooooooooooooooooooowly ....
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Re: CAF Member charged with sex-related offenses
« Reply #42 on: September 22, 2015, 13:54:43 »
So, any lawyers in here care to chirp in as to what would be considered an unresonable time to face justice?  Because, yah, almost a year between his last court date and the preliminary seems pretty long.
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Online Blackadder1916

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Re: CAF Member charged with sex-related offenses
« Reply #43 on: September 22, 2015, 14:29:58 »
So, any lawyers in here care to chirp in as to what would be considered an unresonable time to face justice?  Because, yah, almost a year between his last court date and the preliminary seems pretty long.

While not a lawyer, I did note a similar time between offence/arrest and preliminary hearing for another alleged sexual offence case that was discussed on this means.

Re: 4 RN Sailors Charged with Gang Sexual Assault
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The four Brits were arrested by the Canadian Forces National Investigation Service on April 16 and were released April 20 after posting cash bail of $3,000 each. They’re living at CFB Suffield in Alberta, where the British army has a training unit.

In June, the men elected to be tried by a Supreme Court judge and jury. A preliminary inquiry will be held in April in Dartmouth provincial court.
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Re: CAF Member charged with sex-related offenses
« Reply #44 on: September 22, 2015, 17:04:58 »
So, any lawyers in here care to chirp in as to what would be considered an unresonable time to face justice?  Because, yah, almost a year between his last court date and the preliminary seems pretty long.

Bit hard to know the actual facts here but if I have things right then we have incident reported in late April, charges laid in Jul and a preliminary inquiry set for Aug 2nd (2016 presumably. That's not unreasonable or unusual. When individuals appear in order to set a preliminary hearing date then the dates assigned depend on the number of days that the inquiry will take (based on the two lawyers' best estimate) and the first available dates where all of: a provincial court judge, and the two lawyers involved have time available in their schedules. Sometimes, especially where you have a high profile defence lawyer, the delay may be based simply on that lawyer's availability. Crown attorneys generally are more flexible. In some very busy regions/cities judge availability may also be an issue.

Here the appearance to set a date was late September 2015 and a 2 Aug 2016 date is just a touch over ten months and, as I said above, that's not unusual.

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Offline Bzzliteyr

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Re: CAF Member charged with sex-related offenses
« Reply #45 on: September 23, 2015, 10:07:29 »
And where does the person that has been charged stay/live/exist during that time? Jail?

I'll admit I haven't the foggiest and have only dealt with military charges that didn't involve my incarceration.

*edited for typo, apparently "asmit" is a word in the dictionary*
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Re: CAF Member charged with sex-related offenses
« Reply #46 on: September 23, 2015, 10:23:24 »
And where does the person that has been charged stay/live/exist during that time? Jail?
I haven't found anything in media coverage to date, but if he WAS in jail, I'm guessing that would be a pretty big part of the 5W's the media would be mentioning.
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Offline MJP

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Re: CAF Member charged with sex-related offenses
« Reply #47 on: September 23, 2015, 10:25:19 »
And where does the person that has been charged stay/live/exist during that time? Jail?

I'll admit I haven't the foggiest and have only dealt with military charges that didn't involve my incarceration.

*edited for typo, apparently "asmit" is a word in the dictionary*

Generally most people are released while awaiting trial, sometimes with conditions that they must abide by.
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Re: CAF Member charged with sex-related offenses
« Reply #48 on: September 23, 2015, 12:12:25 »
Section 499 of the Criminal Code sets out the conditions under which an accused can be released while awaiting trial.
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Offline JesseWZ

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Re: CAF Member charged with sex-related offenses
« Reply #49 on: September 23, 2015, 15:56:30 »
Generally most people are released while awaiting trial, sometimes with conditions that they must abide by.

In order to remand (keep in jail) someone prior to trial (a time period which can last many months), the Crown must appear before a Judge and argue for why the accused needs to stay in jail. Typically, the argument revolves around being a danger to the public or a pattern has developed where the accused will skip town or commit additional offences.

An accused can also be released immediately following arrest on conditions (or no conditions) and can be jailed to await trial if he has had difficulty adhering to his conditions.
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