Lieutenant general goes to court to fight Canadian Forces efforts to kick him out of military

Article content

A lieutenant general is going to court to try to stop the Canadian Forces leadership from kicking him out of the military.

In 2023, military prosecutors dropped service offence charges against Lt.-Gen. Steve Whelan. Those charges alleged Whelan had an inappropriate relationship with a subordinate but the military’s case against the general collapsed based on concerns about the evidence.

Article content

Now the Canadian Forces leadership is trying to kick Whelan out of the military, claiming he is “unsuitable for further service.”

Phillip Millar, Whelan’s lawyer, has filed a request for judicial review of the military’s actions in Federal Court in Ottawa on “an urgent basis.”

“This application arises from an extraordinary and disturbing situation in which the Applicant — a three-star General with an otherwise exemplary 40-year career — now faces irreparable harm due to a compromised administrative process,” Millar noted in his submission to the court.

The military’s decision to proceed with what is known as a “5F release” is punitive, the submission added.

Millar pointed out in his submission that the Canadian Forces leadership is trying to kick Whelan out even as the military police actions that led to charges being brought against the general are being investigated. The Military Police Complaints Commission is now looking into how Canadian Forces police handled the case against Whelan.

Whelan also has a lawsuit against senior military officers and civilian officials at the Department of National Defence, alleging they destroyed his career for political purposes. That $10-million claim filed with the court in 2024 painted a picture of a toxic environment and vicious infighting at DND headquarters in Ottawa.

Article content

Article content

As part of that legal action, Whelan is suing former Chief of the Defence Staff Gen. Wayne Eyre, Gen. Jennie Carignan, as well as the former vice chief of the defence Lt. Gen. Frances Allen, among others. Carignan had been leading the military’s efforts to change its culture and prevent sexual assault. She has since been promoted to chief of the defence staff.

Millar, in his court submission to put a halt to the 5F release order, said that those involved in that decision are in a conflict of interest. The offices of the chief of the defence staff and the vice chief of the defence staff — the same organizations Whelan is currently suing — made the decision to remove him from the ranks.

DND did not respond to a request for comment. Previously, the department has declined to comment because of the pending litigation. Whelan’s allegations have not been proven in court.

The Canadian Forces leadership wants Whelan out of military by March 6.

Millar is arguing that no action should be taken until the Military Police Complaints Commission finishes its investigation into the actions of police officers. In addition, he noted that no action should be taken until Whelan’s lawsuit against the senior leadership is concluded.

Article content

“Judicial intervention is required to preserve public confidence and ensure that the Review system is not misused to punish or silence senior officers,” Millar wrote in his submission to the federal court.

He is also asking the court to direct the Canadian Forces leadership and government to consider the feasibility of allowing Whelan to leave the ranks with a medical release. That is consistent with Whelan’s long service and the medical conditions he is facing, the submission added.

“This “unsuitable for further service” designation functions as a dismissal for cause, gravely jeopardizing the Applicant’s reputation, career, and financial stability and exposing systemic failures within the CAF,” Millar’s application to the court noted.

Whelan is “currently undergoing significant medical treatment for operational injuries that should properly be addressed through a medical release,” it added.

The decision by the senior military leadership to impose a 5F release would cut Whelan off from his ongoing medical care. “Instead of adhering to the established procedures for a compassionate and structured transition to civilian life, the CAF is arbitrarily imposing a punitive 5F release that disrupts the Applicant’s medical care, financial stability, and future employment prospects,” Millar’s court submission argued.

David Pugliese is an award-winning journalist covering Canadian Forces and military issues in Canada. To support his work, including exclusive content for subscribers only, sign up here: ottawacitizen.com/subscribe

Article content