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Sexual Misconduct Allegations in The CAF

lenaitch

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Just because someone is doing time doesn't mean that they can't participate in the wider culture, and even the wider economy. Prisoners have recorded live albums (notably Charles Manson) or written (Napoleon's memoirs were especially popular in the 19th century). And a little seed money helps to pay your agent, get your project off the ground, etc...

Pensions seem particularly protected in both US and Canadian law -- I remember that when all was done and dusted for OJ Simpson, one of the only things left to him was his NFL pension. I do wonder what the history is of protecting pensions specifically that is not extended to other assets.

Less so in the US in relation to public employee. This link is specific to law enforcement - details obviously vary by state:


Although, admittedly, pension legislation makes my head swim, there appears to be no provision in Ontario for denying pension benefits for any reason. In relation to 'going after' someone's pension, the Pension Benefits Act provides that "Money payable under a pension plan is exempt from execution, seizure or attachment", with the exception of certain provisions of family law. Pension contributions are a 50/50 partnership between the employee and employer, contributing to a large, hopefully sustainable pool. Pension costs are often part of the negotiation package applicable to everyone (realizing that this does not apply to the CAF and many other employers). I'm not a fan of one side having the ability to renege. If members lost confidence in the partnership, there would be increasing calls for members to opt out.
 

FJAG

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I thought that his wife sued him for the pension - she should at least have got some of it - but a quick check confirmed that he's still receiving it.

Williams' wife had martial property rights to pension splitting on separation/divorce. That is a separate legal regime which is applicable to federal pensions by virtue of the Federal "Pension Benefits Division Act". It also applies to common law arrangements.

🍻
 

dapaterson

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Williams' wife had martial property rights to pension splitting on separation/divorce. That is a separate legal regime which is applicable to federal pensions by virtue of the Federal "Pension Benefits Division Act". It also applies to common law arrangements.

🍻

By memory, they also shared ownership of homes in Ottawa and Tweed. They may well have offset her claims on his pension with home equity; believe there were lawsuits associated with transfers of joint assets between them.
 

FJAG

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By memory, they also shared ownership of homes in Ottawa and Tweed. They may well have offset her claims on his pension with home equity; believe there were lawsuits associated with transfers of joint assets between them.
Continuing with this hijack, yup, there were claims that her purchase of his equity in the houses was a fraudulent conveyance (i.e. one done to evade potential creditors - which makes me wonder where the $62k went she allegedly paid - in a perfect world to the lawyers :giggle:). Not sure how that ended up other than the victim case was settled for undisclosed terms. I'm just spit-balling here but my guess would have been that unless she had her own pension benefits, she would be ahead of the game with pension splitting.

During my day pension valuations were a very complex process which was being made a bit simpler once pension administrators were compelled to provide actuarial valuations. Before that it was a bit of a wild west show.

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MJP

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And lets be honest, they do that for this one GOFO, it becomes a precedent, and then it gets rolled out against 100s of lower deckers.

You can't make policy when you are pissed off, and all the rules around things like what needs to be done to demote someone is to prevent abuse by GOFOs, not to protect them.
You get things like 40KM rules for IPR moves that way
 

dapaterson

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Continuing with this hijack, yup, there were claims that her purchase of his equity in the houses was a fraudulent conveyance (i.e. one done to evade potential creditors - which makes me wonder where the $62k went she allegedly paid - in a perfect world to the lawyers :giggle:). Not sure how that ended up other than the victim case was settled for undisclosed terms. I'm just spit-balling here but my guess would have been that unless she had her own pension benefits, she would be ahead of the game with pension splitting.

During my day pension valuations were a very complex process which was being made a bit simpler once pension administrators were compelled to provide actuarial valuations. Before that it was a bit of a wild west show.

🍻

Continuing the derail, pension "splitting" is in fact a pro-rated transfer value, with all the tax implications of a sudden influx of non-sheltered money. Again, by memory, she was an executive with a not-for-profit and thus probably vested in another DB plan; buying out the house and abandoning claim on his pension was probably the better financial choice.
 

Furniture

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"Schamuhn said that when he confronted Dawe about it, he acknowledged he wanted to influence sentencing and felt Hamilton was a "good guy" who deserved a break"

"It was to affect sentencing. That's precisely the reason. I'm not going to apologize for that," Dawe told Schamuhn, according to Schamuhn's notes."

"Given all that he had been subjected to in terms of his experience overseas, how frankly he was mistreated by the institution, I thought he deserved a break ..." Dawe said, according to the notes. "I certainly don't see him as a threat to society for just a second. I think on the whole he's a pretty good guy."


Sure sounds like a "lapse in judgement" (There is sarcasm every time I use this phrase FYI). Sounds pretty calculated to me.
In this case you're also getting only one side of the story.

As "satisfying" as it might be to hang the guilty bastard, we need to hear the other side first. It's pretty easy for something to go from "he had been a solid soldier before his mental health issues" to "He's the best dude ever, and he shouldn't be punished" in the victims mind. How many Jr pers have you dealt with for disciplinary issues, who went and told their buddies you were just being a d!ck?

This is why the victim and the guilty are allowed to make representations.

This is an emotionally charged issue, and we all want to see it sorted out. Suggesting witch hunts for people who are accused of being bad is not how this gets sorted. If anything the perception of a witch hunt will destroy any hope of real, lasting change.
 

The Bread Guy

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Another tidbit from the government's I.A. on this:
... the military will also create a new internal organization led by Lt.-Gen. Jennie Carignan as the new chief of professional conduct and culture ...
Here's a bit of the info-machine's job description (text also attached in case link doesn't work) ...

Chief, Professional Conduct and Culture​


What we do​

The Chief, Professional Conduct and Culture will lead a fundamental transformation in the way systemic misconduct is understood and addressed in the Department of National Defence (DND) and the Canadian Armed Forces (CAF).
The term systemic misconduct includes sexual misconduct, hateful conduct, systemic barriers, harassment, violence, discrimination, employment inequity, unconscious biases, and abuse of power in the workplace.

Specific tasks​

The Chief, Professional Conduct and Culture team is developing a framework to:
  • realign policies, programs and responsibilities that address misconduct across DND and the CAF
  • improve the ways systemic misconduct is reported, tracked and addressed, both within and outside of the chain of command
  • give greater agency and support to those who have experienced misconduct and those affected by it
  • examine the ways systemic misconduct affects and is affected by intersectionality, reprisals, member satisfaction, and retention
Bit more on LGEN Carrignan here.
 

Attachments

  • canada.ca-Chief Professional Conduct and Culture.pdf
    51.5 KB · Views: 1

ArmyRick

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In this case you're also getting only one side of the story.

As "satisfying" as it might be to hang the guilty bastard, we need to hear the other side first. It's pretty easy for something to go from "he had been a solid soldier before his mental health issues" to "He's the best dude ever, and he shouldn't be punished" in the victims mind. How many Jr pers have you dealt with for disciplinary issues, who went and told their buddies you were just being a d!ck?

This is why the victim and the guilty are allowed to make representations.

This is an emotionally charged issue, and we all want to see it sorted out. Suggesting witch hunts for people who are accused of being bad is not how this gets sorted. If anything the perception of a witch hunt will destroy any hope of real, lasting change.
So I had a Corporal in my CoC convicted in a civilian court of sexual assault in 2009 (and it was shaky evidence at best, but it went through) and the CAF couldn't wait to throw him out at warp speed and the unit CO at the time (a former CANSOFCOM soldier) was absolutely disgusted and wasted no time in booting him off the base under escort.

This character letter was BS. Does Hamilton have a legal entitlement to a character reference letter upon conviction? If no, then the CAF really showed HORRIBLE judgement.

At the end of the day, the CAF exists and serves at the pleasure and mercy of the Queen, her government and her citizens. The citizens of this great country, regardless of political stripe, are very disgusted by story after story after things from sexual misconduct right on up to rape.

For those of you who continue to defend this character reference letter and basically ignoring the victim really need to stop thinking like a lawyer and start thinking like a person of honour, integrity and a sense of duty (like the army ethos!). Take a damn look in the mirror and ask yourself WTF am I defending?

Yes one might argue Dawe had a sense of duty to his subordinates but what about the victim? Where is the sense of duty to her and her husband, both service members. IMO, Dawe should have declined (if he had that option) and say sorry can't do it. I do feel Dawe (remember I knew him as a Captain in the Patricias and repsected him) should resign. He is a general.
 

rnkelly

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The character references shouldn’t have been written. Dawe says he regrets it. The article mentions that he entered mediation in an attempt to correct the situation. Puckchaser said that Dawe even spoke about this situation and admitted to handling it poorly before this story broke. Does this not mitigate the mistake he made? I assume they wrongly thought the letters were owed to the criminal member due to the institution’s part in making him into a monster.
 

Halifax Tar

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The character references shouldn’t have been written. Dawe says he regrets it. The article mentions that he entered mediation in an attempt to correct the situation. Puckchaser said that Dawe even spoke about this situation and admitted to handling it poorly before this story broke. Does this not mitigate the mistake he made? I assume they wrongly thought the letters were owed to the criminal member due to the institution’s part in making him into a monster.

Regret is one thing. But that that does not forgo repercussions for ones actions. At the very very least he should be released dishonorably, and let to fade away into the past.
 

Halifax Tar

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Are you talking about LGen Dawes, who was not found guilty of anything criminal?
Yup, you're right. I've never maintained he was criminally guilty. Ethically he is is tarnished and corrupted. And in this egregious situation that shouldn't be let to go with a slap on the wrist and a continuation of service.
 

Halifax Tar

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In this case you're also getting only one side of the story.

As "satisfying" as it might be to hang the guilty bastard, we need to hear the other side first. It's pretty easy for something to go from "he had been a solid soldier before his mental health issues" to "He's the best dude ever, and he shouldn't be punished" in the victims mind. How many Jr pers have you dealt with for disciplinary issues, who went and told their buddies you were just being a d!ck?

This is why the victim and the guilty are allowed to make representations.

This is an emotionally charged issue, and we all want to see it sorted out. Suggesting witch hunts for people who are accused of being bad is not how this gets sorted. If anything the perception of a witch hunt will destroy any hope of real, lasting change.
The LGen Admits fault here, if you read the article.
 

Bruce Monkhouse

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And I'd much rather forgive and keep the guy who admits he screwed up (best lessons learned) then someone I won't name (but his initials are JV) who keeps yippin' " never happened"....

Two completely different ethical levels at play here.
 

Halifax Tar

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And I'd much rather forgive and keep the guy who admits he screwed up (best lessons learned) then someone I won't name (but his initials are JV) who keeps yippin' " never happened"....

Two completely different ethical levels at play here.
Why would you want to keep either of them ?
 

Bruce Monkhouse

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Why not just fire everyone?? Maybe even execute??

I think it was an extremely major bonehead move on his part......but by all acounts( and obviously heresy but from folks I trust) a trusted warfighter.

We still are the Armed Forces ....job one should still be to liquidate our enemies . Want a pencil pushing knee pad wearing yes man/ woman there instead?.
 

Halifax Tar

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Why not just fire everyone?? Maybe even execute??

I think it was an extremely major bonehead move on his part......but by all acounts( and obviously heresy but from folks I trust) a trusted warfighter.

We still are the Armed Forces ....job one should still be to liquidate our enemies . Want a pencil pushing knee pad wearing yes man/ woman there instead?.
Hyperbolic much ?

Were talking about a GO/FO who wrote character references for a convicted rapist, who also physically assaulted the husband of his victim and is now in custody for for further sexual assaults. Keep in mind this was while maintaining the convicted was a "good guy who needed a break" and while trying to "influence the sentencing."

He can regret it after the fact all he wants, but if I as PO1 can see the ethical pitfalls of that mental gymnastics a GO/FO should be resolute and steadfast in knowing that was wrong, and if they have shown they cant see that they should no longer be allowed to lead us.
 

Jarnhamar

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And I'd much rather forgive and keep the guy who admits he screwed up (best lessons learned) then someone I won't name (but his initials are JV) who keeps yippin' " never happened"....

Two completely different ethical levels at play here.
The unnamed mbr also blamed a bunch of corporals (who were assaulted themselves) when the party plane got out of hand even though there was a general and big shot CWO present, who ignored everything. He epitomizes our poor leadership.
 
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