Author Topic: Sex-related Offences Against Army Commanding Officer Withdrawn  (Read 32429 times)

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Offline FJAG

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Re: CAF Member charged with sex-related offenses
« Reply #50 on: September 23, 2015, 17:43:06 »
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.

That's not a bad summary.

The area is very complex and the provisions for judicial interim release (ie bail granted by a judge) are found at s 515 of the Criminal Code. See here: http://laws-lois.justice.gc.ca/eng/acts/C-46/page-311.html#h-166

Note particularly subsection 515(10) which lists the circumstances that would justify denying bail.

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Offline ballz

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Re: CAF Member charged with sex-related offenses
« Reply #51 on: November 10, 2015, 17:48:48 »
[tangent] Wow, I noticed it specifically mentions firearms in there yet fails to specify some of the more obscene crimes one could have committed... [/tangent]
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Re: CAF Member charged with sex-related offenses
« Reply #52 on: January 24, 2016, 08:28:22 »
All the stories give the same date - the wheels of justice can, at times, grind sloooooooooooooooooooooooooooooooooooooowly ....
(Belatedly) picking up on that theme, preliminary hearing set for August 2 (no trial date set), with trial by jury selected.
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Re: CAF Member charged with sex-related offenses
« Reply #53 on: August 02, 2016, 20:17:46 »
The latest - preliminary hearing started this week, shared under the Fair Dealing provisions of the Copyright Act (R.S.C., 1985, c. C-42) ...
Quote
A preliminary hearing into allegations of sexual assault and exploitation of a young cadet by a high ranking military officer got underway Tuesday in an Edmonton courtroom.

Lt.-Col. Mason Stalker, commander of 1st Battalion, Princess Patricia’s Canadian Light Infantry, in Edmonton, was arrested in July 2015 on 10 charges. The charges, including sexual assault, relate to alleged incidents involving a military cadet in Edmonton between 1998 and 2007.

On Tuesday, the Crown withdrew one count of breach of trust, but the other nine charges are still in place. The details of the preliminary hearing are protected by a publication ban, as is the identity of the complainant.

The incidents were investigated by the Canadian Forces National Investigation Service, a unit within the Canadian Forces Military Police Group, which charged Stalker on July 28, 2015.

The military confirmed the charges Stalker faces relate to a single victim, though the investigative service would not release the person’s age.

Maj. Doug Keirstead, a spokesman for the Canadian Cadet Organizations, said the offences allegedly occurred while Stalker was a mentor with the 2551 Royal Canadian Army Cadet Corps in Edmonton.

Stalker was released from custody on $2,500 bail shortly after his arrest, with conditions in place prohibiting him from contacting cadets under the age of 18 and staying away from places where children gather. Last September, Stalker opted for trial by jury.

Stalker has twice received a Meritorious Service Medal for his role in Canada’s war in Afghanistan. In July 2015, he led the military’s fight against wildfires in northern Saskatchewan.

He assumed his latest post in August 2014, but was suspended pending the outcome of the court case.
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"Edmonton military commander to face trial on sex charges "
« Reply #54 on: August 05, 2016, 06:24:14 »
This, from The Canadian Press, shared under the Fair Dealing provisions of the Copyright Act (R.S.C., 1985, c. C-42) ...
Quote
A high-ranking military officer accused of sex crimes has been ordered to stand trial.

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

Following a preliminary hearing this week, a judge has determined the 41-year-old will proceed to trial on four counts of sexual exploitation and three counts of sexual assault.

The charges relate to alleged incidents involving a military cadet in Edmonton between 1998 and 2007.

No trial date has been set and Stalker has chosen to have a jury trial.

Stalker has been suspended from his post pending the outcome of the court case.
“Most great military blunders stem from the good intentions of some high-ranking buffoon ...” – George MacDonald Fraser, "The Sheik and the Dustbin"

The words I share here are my own, not those of anyone else or anybody I may be affiliated with.

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Offline dapaterson

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Re: CAF Member charged with sex-related offenses
« Reply #55 on: November 04, 2016, 14:44:30 »
Charges against a high-ranking military officer accused of sex crimes were withdrawn in an Edmonton courtroom Friday.

The Crown prosecutor asked a Court of Queen's Bench judge to withdraw all charges against Lt.-Col. Mason Stalker, who was ordered earlier this year to stand trial on three counts of sexual assault and four counts of sexual exploitation following a one-day preliminary hearing.

http://www.cbc.ca/news/canada/edmonton/sexual-assault-charges-withdrawn-against-edmonton-military-officer-1.3836876
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Offline Pusser

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Re: CAF Member charged with sex-related offenses
« Reply #56 on: November 04, 2016, 22:46:48 »
Tried or not, the damage to his career is probably substantial.
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Re: CAF Member charged with sex-related offenses
« Reply #57 on: November 05, 2016, 01:25:33 »
Tried or not, the damage to his career is probably substantial.

Why? He was found not guilty. Are you saying that even though he was found not guilty, he's still going to be blackballed?

That's not the way the CAF does things.  ::)
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Offline Good2Golf

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Re: CAF Member charged with sex-related offenses
« Reply #58 on: November 05, 2016, 05:06:23 »
Why? He was found not guilty. Are you saying that even though he was found not guilty, he's still going to be blackballed?

That's not the way the CAF does things.  ::)

Pretty sure that charges dropped ≠ not guilty.

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Re: CAF Member charged with sex-related offenses
« Reply #59 on: November 05, 2016, 07:45:21 »
He was found not guilty.
"There was no longer a reasonable likelihood of securing a conviction" =/= verdict of "not guilty"

Are you saying that even though he was found not guilty, he's still going to be blackballed?
Now THAT's an interesting, multi-layered question ...
“Most great military blunders stem from the good intentions of some high-ranking buffoon ...” – George MacDonald Fraser, "The Sheik and the Dustbin"

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Offline Brihard

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Re: CAF Member charged with sex-related offenses
« Reply #60 on: November 05, 2016, 13:10:46 »
It wasn't an acquittal; charges were withdrawn. That's the legal equivalent of them never being laid in the first place. An acquittal means that after a trial or an appeal, a judge or jury finds the person not guilty. The other possibility other than a finding of guilty is a 'stay of proceedings', which is when the crown decides that it doesn't have enough to go on and basically ceases the prosecution, but the charges remain laid. Crown can pick up the case and run with it again within a year in those instances.

But yeah, probably still safe to say his career has taken an irreversible hit. I doubt anyone will want to be the one who promotes him into a prominent or visible position from here on out.
Pacificsm is doctrine fostered by a delusional minority and by the media, which holds forth the proposition it is entirely possible to pick up a turd by the clean end.

Offline daftandbarmy

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Re: CAF Member charged with sex-related offenses
« Reply #61 on: November 05, 2016, 17:20:31 »
It wasn't an acquittal; charges were withdrawn. That's the legal equivalent of them never being laid in the first place. An acquittal means that after a trial or an appeal, a judge or jury finds the person not guilty. The other possibility other than a finding of guilty is a 'stay of proceedings', which is when the crown decides that it doesn't have enough to go on and basically ceases the prosecution, but the charges remain laid. Crown can pick up the case and run with it again within a year in those instances.

But yeah, probably still safe to say his career has taken an irreversible hit. I doubt anyone will want to be the one who promotes him into a prominent or visible position from here on out.

Now let's see the CF launch a defamation suit launched against the false accuser on behalf of LCol Stalker....

.... oh, wait, I forgot, 'this is 2016'.
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Offline Brihard

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Re: Army Commanding Officer cleared of sex-related offenses
« Reply #62 on: November 05, 2016, 19:05:42 »
Charges being withdrawn doesn't mean the accusation was false... Just that they don't have what they need to go with it. Realistically none of us will ever have the full picture.
Pacificsm is doctrine fostered by a delusional minority and by the media, which holds forth the proposition it is entirely possible to pick up a turd by the clean end.

Offline shootemup604

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Re: Army Commanding Officer cleared of sex-related offenses
« Reply #63 on: November 06, 2016, 13:01:21 »
I'm surprised this didn't come sooner after the preliminary hearing.  Its purpose is to determine whether or not the charges and trial are warranted.

Offline Journeyman

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Re: Army Commanding Officer cleared of sex-related offenses
« Reply #64 on: November 06, 2016, 13:26:04 »
I'm surprised this didn't come sooner after the preliminary hearing.  Its purpose is to determine whether or not the charges and trial are warranted.
Yes, but the CBC article stated that the "Crown said it concluded there was no longer a reasonable likelihood of securing a conviction," suggesting that something  had changed since the initial determination. 

What?  :dunno:   For the sake of the LCol's reputation, they should have stated it.
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Offline Hound Dog

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Re: Army Commanding Officer cleared of sex-related offenses
« Reply #65 on: November 06, 2016, 16:20:44 »
Yes, but the CBC article stated that the "Crown said it concluded there was no longer a reasonable likelihood of securing a conviction," suggesting that something  had changed since the initial determination. 

What?  :dunno:   For the sake of the LCol's reputation, they should have stated it.

In cases involving allegations of historical sexual misconduct, the primary evidence against the accused is the testimony of the complainant. If the Crown is no longer proceeding after the matter was committed at prelim, it's likely either the complainant indicated they no longer wished to proceed or something came up that has caused serious questions about the complainant's credibility.

Offline Brihard

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Re: Army Commanding Officer cleared of sex-related offenses
« Reply #66 on: November 06, 2016, 16:33:56 »
In cases involving allegations of historical sexual misconduct, the primary evidence against the accused is the testimony of the complainant. If the Crown is no longer proceeding after the matter was committed at prelim, it's likely either the complainant indicated they no longer wished to proceed or something came up that has caused serious questions about the complainant's credibility.

Exactly my thoughts too.
Pacificsm is doctrine fostered by a delusional minority and by the media, which holds forth the proposition it is entirely possible to pick up a turd by the clean end.

Offline MCG

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Re: Army Commanding Officer cleared of sex-related offenses
« Reply #67 on: November 07, 2016, 23:28:36 »
Tried or not, the damage to his career is probably substantial.
Why? He was found not guilty. Are you saying that even though he was found not guilty, he's still going to be blackballed?

That's not the way the CAF does things.  ::)
I don't think he will be blackballed.  But, he was ripped out of a CO job half way through the tenure. He is not going to get that back ... and not for spite, it is just that it is now somebody else's turn.  A year and a half of being accused will have cost him opportunity to keep pace with his peers.  Maybe he can close that gap again, but the system is not designed to help someone play catch-up.

Charges being withdrawn doesn't mean the accusation was false...

... but the idea of innocent until proven guilty applies, does it not?

Offline Brihard

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Re: Army Commanding Officer cleared of sex-related offenses
« Reply #68 on: November 08, 2016, 01:55:24 »
... but the idea of innocent until proven guilty applies, does it not?

Absolutely. There will be a difference between legal result and stigma in this case, I suspect, and it will detrimentally impact his career.
Pacificsm is doctrine fostered by a delusional minority and by the media, which holds forth the proposition it is entirely possible to pick up a turd by the clean end.

Offline Spectrum

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Re: Army Commanding Officer cleared of sex-related offenses
« Reply #69 on: November 08, 2016, 02:35:09 »
In cases like these, if allegations turn out to be complete BS, does law enforcement take automatic action against the accuser? Or are people basically able to throw around false accusations, ruin a person's life, waste taxpayer dollars, and face no consequences themselves?


Offline Brihard

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Re: Army Commanding Officer cleared of sex-related offenses
« Reply #70 on: November 08, 2016, 02:48:09 »
In cases like these, if allegations turn out to be complete BS, does law enforcement take automatic action against the accuser? Or are people basically able to throw around false accusations, ruin a person's life, waste taxpayer dollars, and face no consequences themselves?

Again, it's important to point out that a charge not leading to conviction does not mean claims are B.S.

The criminal offense of 'public mischief' covers deliberately false police reports:

Quote from: Criminal Code of Canada
140 (1) Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by
(a) making a false statement that accuses some other person of having committed an offence;
(b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;
(c) reporting that an offence has been committed when it has not been committed; or
(d) reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.

So there has to be an intent to mislead, there has to be concrete action (knowingly false statement or report, or fabricated evidence), and it must cause an investigation to begin or continue that otherwise would not have. And the same burden of 'beyond a reasonable doubt' applies. In practice I have rarely seen this charge laid and more rarely still succeed because proving a falsehood is very difficult. At the same time, the threshold for laying charges is quite high too (reasonable and probable grounds to believe), and in the vast majority of cases that I have seen where a charge has not resulted in a conviction, I can say in all honestly that I have almost invariably seen it as a gap of 'know' versus 'can prove', rather than a person actually being innocent in fact of the accusation. I'm not making comment on this or any other case in particular, but I woul dbet just about anyone working in the criminal justice field would probably agree it's an accurate generalization. Actually false charges are quite rare; what is more common is police/the crown ultimately failing to gather enough evidence and/or articulate it sufficiently to convince the trier of fact. So it would be very rare that something that is utterly, factually false enough to justify a public mischief charge would lead to charges being laid in the first place.

It does happen. But rarely.
Pacificsm is doctrine fostered by a delusional minority and by the media, which holds forth the proposition it is entirely possible to pick up a turd by the clean end.

Offline Jarnhamar

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Re: Sex-related Offences Against Army Commanding Officer Withdrawn
« Reply #71 on: November 08, 2016, 08:01:54 »
Brihard thanks to you and other others who take the time to explain the law and how this stuff works it's really interesting.

It doesn't seem like false claims are followed up to often form what I can tell (PMQ  drama).  Someone would probably need a lawyer and thousands of dollars to throw at it.

Offline captloadie

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Re: Sex-related Offences Against Army Commanding Officer Withdrawn
« Reply #72 on: November 08, 2016, 09:25:28 »
I'm not sure if I were the Comd CA I would just sweep this away and move on, especially as the charges were withdrawn. I would want to know the reasons why the prosecution decided not to go forward, and then make a determination (through the appropriate HR process) as to whether I had lost confidence in his ability to Lead, and have his troops follow.

Offline Pusser

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Re: Sex-related Offences Against Army Commanding Officer Withdrawn
« Reply #73 on: November 08, 2016, 10:07:16 »
I'm not sure if I were the Comd CA I would just sweep this away and move on, especially as the charges were withdrawn. I would want to know the reasons why the prosecution decided not to go forward, and then make a determination (through the appropriate HR process) as to whether I had lost confidence in his ability to Lead, and have his troops follow.

I'm not sure whether a Commander's loss of confidence in a CO's ability to lead is relevant in cases like this.  As has already been pointed out, this officer was relieved and another was appointed to take his place,  Soon it will be time for yet another to step up.  History is full of examples of commanders who were relieved, but then later appointed to other commands once their names had been cleared.  Nowadays, however, a CO generally only gets one kick at the cat and even if something goes awry during his/her tenure (regardless of whether he/she is at fault), the steam roller keeps rolling and never looks back.
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Offline dapaterson

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Re: Sex-related Offences Against Army Commanding Officer Withdrawn
« Reply #74 on: November 08, 2016, 10:08:29 »
In fact, DMCA will be conducting an administrative review on this case, as they do in all cases where such charges have been laid, and may direct administrative action, depending on the circumstances.
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