Officer who played golf with Vance has power over investigations

OTTAWA — One of the senior military officers who played golf with former chief of the defence staff Jonathan Vance has the power to direct military investigations — a power recently flagged by a retired Supreme Court justice as a threat to police independence.

Defence Minister Harjit Sajjan and the Department of National Defence have confirmed vice-chief of the defence staff Lt.-Gen. Mike Rouleau and Royal Canadian Navy commander Vice-Admiral Craig Baines recently joined Vance for a game of golf in Ottawa.

The game came as Vance is under investigation on allegations of sexual misconduct, and despite Rouleau having the power to issue orders to the Canadian Armed Forces’ top police officer, Provost Marshal Brig.-Gen. Simon Trudeau.

Since controversial changes were made to the National Defence Act in 2013, those orders have included the ability to “issue instructions or guidelines in writing in respect of a particular investigation.”

That unique power to intervene in military police investigations was flagged in an occasionally scathing report on the military justice system by retired Supreme Court justice Morris Fish. The report was released on June 1, one day before media reports say Rouleau and Baines hit the links with Vance.

While Fish in his report said he was unaware of a vice-chief having issued such guidelines, he nonetheless said the provision “significantly encroaches on police independence.”