After nearly a year of review sparked by a CBC News report, the military recently released new internal guidance on character references submitted to the court for consideration by a judge during sentencing. The guidance says that while members of the military have every legal right to give character references to those convicted of crimes, it is a personal choice – and members of the military may not present such references as coming from the Canadian Armed Forces themselves. “CAF members who provide character reporting do so as individuals… [and] “They should not use letterhead representing any CAF,” the new guidance states. The military appears to be trying to avoid a repeat of what happened in the Ottawa Criminal Court almost two weeks ago when retired General Jonathan Vance, the former chief of staff, pleaded guilty to obstructing justice in a criminal investigation. allegations that Vance denies. The judge granted Vance parole with a one-year suspension – and no criminal record. The judge said he did not feel it was “necessary” for Vance to be charged with a criminal offense. Among the factors the judge said he took into account were the seven positive reports written by retired servicemen. The letters praised Vance’s leadership skills, performance and time in battle, including Afghanistan. Former defense chief Jonathan Vance pleaded guilty last month to obstructing justice. A character report was submitted to the court by a retired military man using official military letterhead, although he no longer served in that role. (Sean Kilpatrick / The Canadian Press)
Official letterhead used without authorization
Major General Guy Chapdelaine wrote his character report for Vance using the official letterhead of the Office of the Commander-in-Chief of the Canadian Armed Forces, although he left office almost four months ago and was no longer serving in that role. Chapdelaine is in the process of retiring and has not held a position in the Royal Canadian Hedgehog Service since May 2021, confirms the Department of Defense. His letter was also stamped with the official logo of the National Defense. Chapdelaine’s letter, which was read out in court, described Vance as a “great leader” with a “significant vision” and said it was “an honor to work with” the former top soldier. Chapdelaine noted that he is also a “close friend” of Vance’s wife. Michel Drapeau, a retired colonel and military law expert, described Chapdelaine’s character report as a misleading description of his current situation. The use of official letterhead made it seem as if he was speaking in a formal capacity on behalf of all the military priests working under his leadership, Drapeau said. “You are not writing a formal letter in a court environment using the office letterhead you once held,” Drapeau said. “It’s a clear example of misrepresentation of yourself.” The Ministry of Defense says that although the letter precedes the new guidance, it is now “gathering and examining information on this particular issue to determine what action may be required”. Chapdelaine declined to comment to CBC News, according to the Department of Defense. He was also linked to a report by Fifth Estate on a complaint that the military had mishandled a case involving a former military priest. Former Canadian Armed Forces General, Lieutenant General. Guy Chapdelaine submitted a character report on behalf of Vance, which was given to the judge prior to sentencing in the obstruction of justice case. (CBC News)
“Good Man Syndrome”
Megan McKenzie, professor and chair of Simon’s in International Law and Human Security at Simon Fraser University, said citizens tend to be very impressed by military achievements, adding extra weight to character references by senior military leaders in court. He said such reports have been shown to lead to lighter sentences. “These letters can really paint a picture of what I call the ‘good man syndrome,’” said McKenzie, who led an international study of sexual misconduct in armies around the world. “These reports can really divert attention from the victim and focus on the apparent good nature or good character of the perpetrator.” Retired Captain Annalize Schamuhn and her husband, retired Major Kevin Schamuhn, are aware first hand of the impact that character reports from senior military leaders can have on condemnation – and their experience has led to new guidelines. Kevin Schamuhn’s former regiment and deputy commander in his chain of command – Maj.-Gen. Peter Dawe – submitted positive character reports to a judge in 2017 in a criminal court after a soldier was found guilty of sexually assaulting Annalize Schamuhn.
Victim of sexual assault feels betrayed by the support of high-ranking military personnel to the perpetrator
A retired military couple says they feel betrayed by the Canadian Armed Forces for backing a soldier convicted of sexual assault – while offering no support to the victims. 2:54
Kevin Schamuhn said that when he confronted Dawe about it, the commander said he felt Hamilton was a “good guy” who deserved a break. The judge sentenced the perpetrator to a three-year suspension instead of imprisonment. Dawe publicly apologized and resigned from his job as Special Forces commander.
“The sense of betrayal I experienced is something I’m not sure will ever go away,” said Kevin Schamuhn. “It was much harder for me to deal with the injuries I suffered morally through our experiences on the pitch than anything I ever experienced in battle.”
Leaders are called upon to consider the impact on victims
The Canadian Armed Forces said it had consulted the Schamuhn before the release of the new military guidance on character references. The paper examines their case by instructing those who write character reports to consider their potential impact on victims, decide whether writing a report would put them in a real or perceived conflict of interest, and consider the implications for “ethics and coherence.” the organization. The guide invites those who write character references to present the “facts as they know them and to provide their true opinion”. Invites members of the military to consult a lawyer or the Army Sexual Offenses Center before writing a character report. The military has not banned its members from writing character letters because they are protected by the Constitution. The Canadian Charter of Rights and Freedoms says it provides “constitutional guarantees to ensure a fair trial”, which includes “the opportunity to provide evidence of a character during the sentencing phase”. When CBC asked the Department of Defense if military members should use time outside of working hours to write these letters, a spokesman said “we expect members to follow instructions at all times, whether at work or at home.” The military said it would assess on a case-by-case basis whether there would be consequences for army members who did not follow the new instructions. Under his guidance, the military “went as far as it could legally,” said Annalize Schamuhn. “But he paused to explain the difference between legal justice and a moral crisis … because it is important to keep people, especially senior military leaders, at a higher level than just breaking the law.” CLOCKS The painful experience of this military couple led to new guidelines:
Retired military couple react to new army instructions on character references
The case of retired soldiers Kevin and Annalize Schamuhn has prompted the military to reconsider the way it handles character references for those convicted of crimes. 1:00
Annalize Schamuhn, a culture and leadership consultant, has done some naval consulting work and received payment in a case last year.
Discussion on character references in sexual assault cases
MacKenzie said the military should simply have banned members from providing character references to those found guilty of sexual assault and other serious crimes. He said the military says it is taking a victim-centered approach and has publicly pledged to change its culture in response to a sexual misconduct that has sidelined the careers of an unprecedented number of senior military leaders. The authorization of these letters, he said, is not in line with this public commitment. “I do not think they are inherently victim-centric,” MacKenzie said of the character references. “The aim is to divert attention from the incident, the crime and the victim.” CLOCKS The military has not adopted a “victim-centered” approach, says the expert:
The expert asks the army to ban character references
Megan McKenzie, a Simons professor and chair of International Law and Human Security, argues that using character references for perpetrators in sexual assault cases is not a victim-centered approach. 0:53
Ottawa defense attorney Lawrence Greenspan argues that character references are a vital part of the legal system and should remain.
“If the individual had a life of national and international achievement and leadership and guidance, the judge wants to know,” Greenspan said. “It’s part of the Penal Code. The judge must also take information from the victim and take it into account when formulating the appropriate sentence.”
Greenspan said he believes character references played an important role in Vance’s proposal. But the guilty violation of justice is “something that will follow him for …
