(SGT?) Franck Gervais (split from Walts, posers)

[George Wallace]

I think that the outrage that has arisen out of this case, as opposed to previous cases, may bring some light to the matter and perhaps the courts will treat it a little differently, and the outcome will be a bit more than a slap on the wrist and turn in all your uniforms and paraphernalia into the RCR or Regt de Hull.  The court of public opinion is much larger this time.

 

[Strike]

Heck, for all we know, someone could have called him out about the sash and he could have just said he wasn't able to find it, or he damaged it or something like that.

When someone pretends to be something they are not for long enough, you'd be surprised how convincing they can be when you talk to them sometimes.  And in a situation like Remembrance Day, where people are walking by and not really having all out conversations with each other (read: no real opportunity to throw out some questions that any RCR soldier would know, that kind of thing) it's easy to see how he didn't get caught out on site.

 

[Tibbson]

I think that the outrage that has arisen out of this case, as opposed to previous cases, may bring some light to the matter and perhaps the courts will treat it a little differently, and the outcome will be a bit more than a slap on the wrist and turn in all your uniforms and paraphernalia into the RCR or Regt de Hull.  The court of public opinion is much larger this time.

I honestly hope so however case law and past presidents in sentencing (if it gets that far) play a much bigger part in such things then public opinion and emotions. 

 

[Alberta Bound]

Every criminal act requires a complaint by a person in position to make a complaint before any police department to investigate.  If someone breaks into your home and steals the family silver the police are not just going to show up to investigate because they heard a rumour. 

If someone robs a bank, the bank will call the police and make a complaint.  If they don't, and you complain as someone who sees the bad guys get away in a cloud of dust, the police will still ask the bank management what happened and if they refuse to talk (highly unlikely in this case) they will not take it any further.  However, there are MANY times bank and credit card companies are robbed or ripped off electronically and they refuse to involve the police.  They have their own internal security investigate and then they will decide if they want to take the matter to the police.  It makes the banks look bad every time they get ripped off and they worry that people will take their business elsewhere if they felt their assets were not secure with Bank X.

So, what about when the police find a body and nobody comes forward to report their loved one or friend missing?  The law holds that the deceased, by their mere status as the deceased, is the complainant.  The police will investigate to find out the cause of death.  If its suicide or accident then that is where it ends but if there is foul play suspected they take it further. 

In this case someone in a position to make a complaint needs to do so.  It could be argued that DND as an entity has an interest in lodging a complaint however that is a decision for the department to make.  CBC could be in a similar position as could any serviceperson with a connection to the incident (present at the service or perhaps tied into the leadership of the Unit(s) involved) may also be in a position to file a complaint. 

As it stood initially all there was was a great big group of people rightly saying "that's wrong and something should be done about it" but nobody had gone to OPD and lodged a formal complaint.  (Because the subject isn't a serving member and because the offence took place off base the MPs don't have a claim to jurisdiction)  Obviously that is what has eventually happened and the matter is now being investigated.  Given the results of similar court cases in the past I don't envision much happening other then public outrage and scorn towards the individual but perhaps thats enough.

In fact the police themselves do not have to wait to commence an investigation for some member of the public to call. There is no part of the criminal code that says that the Ottawa PS can't commence an investigation till "someone" complains. Many times police locate criminals driving stolen vehicles before they are reported stolen by the owner. Or find criminals involved in break and enters and thefts, arrest them and later track down the owner to provide a statement. I know of criminals who were arrested by solid proactive police work, held in custody, went to court at first appearance, plead guilty and before the owner was even aware of the crime the criminals were in jail.
Nothing was stopping OPS from the start. They could have watched the interview on the internet, got a production order for the tape, another for military records, honours awarded by the GG, done open source search to ID suspect, etc, etc, etc. Eventually get reasonable and probable grounds, swear an Information, obtain summons or public interest warrant and start the court process. 
That is how many child porn files get solved.

 

[Scoobie Newbie]

Thanks AB

 

[Infanteer]

The one thing that gave it all away to me is that he didn't have an 1812 pin on...busted.

 

[Pieman]

I'm not expecting any major punishment from the courts.

If he walked around and tried to issue orders to people, or utilized any kind of authority that the uniform and rank invokes, this would be a very different situation. That would be a clear criminal intent in wearing the uniform and I suspect the law would likely be applied much more harshly.

Right now, it looks like we have a guy who keeps a steady job and likes to play dress up on his time off. The intentions of this person *appears to be* to deceive for the purpose of stroking his own ego and creating a fantasy world. There are worse things in this world.

Courts will hopefully push him into some kind of mental help. We can give him a superman costume in place of the uniform and be done with it.

There is a good chance this person is happy with any kind of attention he can draw unto himself. The more we give him the more he 'wins' (in his mind).

I personally find this kind of behavior simply hilarious. We should put him and Rob Ford out for a night on the town and see what happens.

 

[The Bread Guy]

The one thing that gave it all away to me is that he didn't have an 1812 pin on...busted.

Gold, Jerry, gold!

 

[The_Falcon]

I'm not expecting any major punishment from the courts.

If he walked around and tried to issue orders to people, or utilized any kind of authority that the uniform and rank invokes, this would be a very different situation. That would be a clear criminal intent in wearing the uniform and I suspect the law would likely be applied much more harshly.

Right now, it looks like we have a guy who keeps a steady job and likes to play dress up on his time off. The intentions of this person *appears to be* to deceive for the purpose of stroking his own ego and creating a fantasy world. There are worse things in this world.

Courts will hopefully push him into some kind of mental help. We can give him a superman costume in place of the uniform and be done with it.

There is a good chance this person is happy with any kind of attention he can draw unto himself. The more we give him the more he 'wins' (in his mind).

I personally find this kind of behavior simply hilarious. We should put him and Rob Ford out for a night on the town and see what happens.

So you are somehow able to infer based a on short video and a few FB  posts that all he was doing was creating a fantasy world? :  His employer has gone on record saying that he has claimed military service for YEARS, so really at this point WE (the general public) have no clue just how long he has been doing this, and what benefits he has been able to garner directly or indirectly from his claims. 

Also why is it now whenever people to anything remotely outside the norms of society, suddenly they are mentally ill?  I get for many years mental illness (especially when involving criminal acts) was pushed into a corner, but seriously throwing out these blanket statement of a persons mental state has got to stop.  1) It does a disservice to people who truly are suffering from debilitating mental health issues.  2)Mental illness IS NOT a panacea for absolving folks of talking responsibility for, and appreciating the consequences of their actions.  The fact that he is now hiding, and refusing to speak with the media (along with deleting his FB), is pretty telling to me at any rate, he knows precisely that what he did was unacceptable.

 

[The Bread Guy]

Just splitting this off for separate discussion, given how the events unfolded ....

Milnet.ca Staff

 

[DAA]

Just splitting this off for separate discussion, given how the events unfolded ....

Milnet.ca Staff

I think the subject heading should be changed to be more reflective of the circumstances.  Something along the lines of "Acting - Sergeant" might be more appropriate.      :rofl:

 

[George Wallace]

I honestly hope so however case law and past presidents in sentencing (if it gets that far) play a much bigger part in such things then public opinion and emotions.

'Presidents' are set.  It does not mean that a decision made in the past that became a 'president' must stand for perpetuity.  We would have no new 'presidents' set in the future if that were true.  Times change.  'Presidents' will change as well.

 

[The_Falcon]

The word you are both looking for is precedent.  But yes hopefully the precedent and the president will change in the future.  ;D

 

[George Wallace]

Recent development:


Reproduced under the Fair Dealings provisions of the Copyright Act.

Family of fake soldier set to make statement Friday

1310 News
Alex Black @1310AlexBlack Nov 14, 2014 06:23:37 AM

OTTAWA – The family of a Cantley man who posed as a military solider on Remembrance Day is expected to release a statement Friday.

Franck Gervais and his family have received death threats since it was discovered he impersonated a solider in the Royal Canadian Regiment and attended the National Ceremony of Remembrance at the National War Memorial.

He was quickly called out as an impersonator due to irregularities in his uniform.

Veterans Affairs Minister Julian Fantino is asking that people stop threatening Gervais’ family and let Ottawa Police conduct its criminal investigation.

Impersonating a Canadian Forces member is a criminal code offence.

LINK.



With the history demonstrated by Mr Gervais and his family, I am leery to believe that they have actually received 'death threats'; but will accept the fact that thoughtless people may have contacted them and insulted their integrity.  It gives them the opportunity to play the "Victim Card". 

The media feeding frenzy that has gone on has overstep boundaries that should not have been crossed in the publishing of the images and locations of the Gervais home and auto, which do nothing to stop people from thoughtlessly insulting the family.  This in turn does victimize them.  It will taint their day in court, as it has already affected their lives, rightfully or wrongly.

 

[George Wallace]

The word you are both looking for is precedent.  But yes hopefully the precedent and the president will change in the future.  ;D

;D  Correct.......On both counts.

 

[Loachman]

The word you are both looking for is precedent.  But yes hopefully the precedent and the president will change in the future.  ;D

That's why George had his "presidents" in quotation marks.

 

[PMedMoe]

I am leery to believe that they have actually received 'death threats'; but will accept the fact that thoughtless people may have contacted them and insulted their integrity.  It gives them the opportunity to play the "Victim Card".

I've seen some comments on Facebook that I would definitely categorize as death threats.  And from CF members, too.

The media feeding frenzy that has gone on has overstep boundaries that should not have been crossed in the publishing of the images and locations of the Gervais home and auto, which do nothing to stop people from thoughtlessly insulting the family.  This in turn does victimize them.  It will taint their day in court, as it has already affected their lives, rightfully or wrongly.

I agree.

 

[George Wallace]

Moe

I have seen those words on some of the FB forums of military members, and have seen them in the past on this very site.  Most have been 'Black Humour' and never followed through in reality, nor involved contact with individuals.  I hope the some numpties have not in reality phoned 'death threats' to this family, but there may still be a 'perceived' threat.  It would not be beyond the imagination for an offender to think that 'the world was now out to get them'.

 

[PMedMoe]

Most have been 'Black Humour' and never followed through in reality, nor involved contact with individuals.

That may be so, but it still counts as a threat in my book.

 

[Mako]

I say this numpty!!!, utter disgrace, now all these professionals say he might be depressed with narsacistic tendencies. I don't even wear my uniform, if it fit anymore I would love to, but because I am no longer in so I have it in a place in my home I go to to reflect when I think about the lads, but that uniform, with those medals, This isn't  halloween pal and you did nothing to deserve any of it. Jesus last week I saw some punk walking down the road wearing the dress coat of a master jack, with all kinds of medals hanging off him in sandals and cargo pants, my wife sped up before i could get out to him, I don't know where they get the stones.ΩΩ