Author Topic: Sex-related Offences Against Army Commanding Officer Withdrawn  (Read 33761 times)

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Offline Jarnhamar

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Re: Sex-related Offences Against Army Commanding Officer Withdrawn
« Reply #75 on: November 08, 2016, 12:05:01 »
Someone does not need to be found guilty in order for the court of public opinion to ruin their career and life.

Offline ballz

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Re: Sex-related Offences Against Army Commanding Officer Withdrawn
« Reply #76 on: November 08, 2016, 14:36:08 »
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.

Indeed. I think people are failing to recognize that administrative action can still be taken up to and including booting him out.

I would be curious to know how much info is being shared (or allowed to be shared) between the Crown and the member's Chain of Command. While something simple like the loss of a key witness could have caused the charges to be dropped, it doesn't mean that someone viewing this from his Chain of Command, if they have all the info from the Crown, can't decide that on the balance of probabilities (the burden of proof for administrative action) he did something he ought not to have done...
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Re: Sex-related Offences Against Army Commanding Officer Withdrawn
« Reply #77 on: November 08, 2016, 14:54:26 »
Brihard thanks to you and other others who take the time to explain the law and how this stuff works it's really interesting.
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Offline mariomike

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Re: Sex-related Offences Against Army Commanding Officer Withdrawn
« Reply #78 on: November 08, 2016, 14:54:54 »
I think people are failing to recognize that administrative action can still be taken up to and including booting him out.

I know they let guys go if their judgment is called into question due to off-duty conduct where I used to work.
That includes Tweeting and social media. Or an off-duty FHRITP on-camera stunt etc...

No charges are necessary. 

Offline MCG

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Re: Sex-related Offences Against Army Commanding Officer Withdrawn
« Reply #79 on: November 08, 2016, 14:55:44 »
I know they let guys go if ...
Who is "they"?

Offline mariomike

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Re: Sex-related Offences Against Army Commanding Officer Withdrawn
« Reply #80 on: November 08, 2016, 14:56:59 »
Who is "they"?

where I used to work.

From what Ballz says, the military may have the same "administrative action"?

Offline MCG

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Re: Sex-related Offences Against Army Commanding Officer Withdrawn
« Reply #81 on: November 08, 2016, 15:02:03 »
So, "they" is Hydro One?

Unlike that organization, the CAF follows a system with procedural fairness.  The individual is given the opportunity to see the case against them, and to make replies. 

Offline mariomike

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Re: Sex-related Offences Against Army Commanding Officer Withdrawn
« Reply #82 on: November 08, 2016, 15:10:58 »
So, "they" is Hydro One?

No.

Unlike that organization, the CAF follows a system with procedural fairness.  The individual is given the opportunity to see the case against them, and to make replies.

Ours go to arbitration. The individual is given the opportunity to see the case against them, and to make replies. The union represents them at the hearing.
The Arbitrator makes the final decision.
Not the employer. Not the union.
« Last Edit: November 08, 2016, 15:15:22 by mariomike »

Offline ballz

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Re: Sex-related Offences Against Army Commanding Officer Withdrawn
« Reply #83 on: November 08, 2016, 15:20:10 »
From what Ballz says, the military may have the same "administrative action"?

Administrative action is just a blanket term for things like remedial measures, administrative reviews, etc. The important part in this is that its separate from legal/judicial/disciplinary action, and the burden of proof is on a "balance of probabilities" as opposed to "beyond a reasonable doubt."

So as DAP said, an administrative review (AR) will be conducted to determine how to deal with the member going forward. If that AR determines that, on the balance of probabilities, the member committed these sex-related offences, then there is a wide array of possibilities available to deal with it. One of those possibilities in this case is most definitely a release.

So, all that to say, this isn't even a matter of just being unofficially blackballed for the rest of his career... there are still official things that can take place..
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Offline Hamish Seggie

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Re: Sex-related Offences Against Army Commanding Officer Withdrawn
« Reply #84 on: November 09, 2016, 00:02:13 »
Administrative action is just a blanket term for things like remedial measures, administrative reviews, etc. The important part in this is that its separate from legal/judicial/disciplinary action, and the burden of proof is on a "balance of probabilities" as opposed to "beyond a reasonable doubt."

So as DAP said, an administrative review (AR) will be conducted to determine how to deal with the member going forward. If that AR determines that, on the balance of probabilities, the member committed these sex-related offences, then there is a wide array of possibilities available to deal with it. One of those possibilities in this case is most definitely a release.

So, all that to say, this isn't even a matter of just being unofficially blackballed for the rest of his career... there are still official things that can take place..

Correct. Well said.
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