Military's former HR head pleads not guilty to charge related to alleged inappropriate relationship
Defence says Lt.-Gen Steven Whelan is a 'victim of politics'
The military's former head of human relations has pleaded not guilty to a service offence related to an alleged inappropriate relationship with a subordinate.
Lt.-Gen. Steven Whelan is accused of changing the performance evaluation report of a female military member based on an improper motive or consideration in June 2011 in Jerusalem. On Monday, the first day of his court martial, he pleaded not guilty to "prejudice of good order and discipline."
The prosecution dropped a second count of that service offence for alleged improper communication or advances toward a subordinate between January 2010-June 2011, the charge sheet said.
Civilian defence lawyer Phillip Millar, who is representing Whelan, said his client is a "victim of politics."
Millar argued the military's leadership is drowning in sexual misconduct allegations and is "scurrying" to "please" the Prime Minister's Office by adopting a policy of believing alleged victims. Millar called that an "illogical premise" adopted by senior Canadian Armed Forces generals in private meetings.
"This is a case of credibility and the effects of a system gone wild," Millar said.
"We're here at a huge cost to the taxpayer because politics is at play within the halls of [national defence headquarters.]"
Millar said Whelan made "a mistake" by developing a "personal relationship" with a female subordinate. They were friends and nothing sexual ever occurred, said Millar. The defence accused the female military member during the court martial of sending Whelan photos, calling him late at night and "manipulating" him to get what she wanted.
Whelan is the highest-ranking military member to have his case tried in the military's judicial system and to face this type of military service offence charge, the defence department confirmed.
Charged in 2022
Whelan stepped aside from his post as the commander of military personnel in October 2021 amid an investigation. He was charged in July 2022 under the National Defence Act, according to the defence department.
Whelan's case is going through the military's judicial system because the investigation did not "reveal any evidence" to support laying criminal charges, the defence department has said.
Military prosecutor Maj. Max Reede said Whelan allegedly was involved in a personal relationship with a female subordinate that developed in 2010. Reede said Whelan went to great lengths to ensure that subordinate was deployed with him on Operation Proteus in Jerusalem.
Reede said Whelan was involved in "flirtatious email exchanges over several months" with the subordinate. According to Reede, the relationship changed when they were deployed together and the female military member refused Whelan's invitations to dinner at his private quarters.
Whelan was the commander of Task Force Jerusalem while deployed. That mission helped to train Palestinian Authority security forces, according to the Defence Department's website.
Reede said the female military member learned she was going to receive a lower score than she expected on her annual performance evaluation report (PER) in 2011. He said she was told by now retired Col. Ron Ubbens at the time that he felt she deserved an "outstanding" report, but Whelan disagreed.
'This will destroy my career'
"The accused, for fear of damage of his personal life and his career, directed Col. Ubbens to give her an outstanding PER to reduce the likelihood she would come forward," said Reede.
Ubbens testified that he told Whelan that the female military member intended to report her relationship with Whelan to a superior officer.
Ubbens kept an email chain from June 13, 2011, that was submitted to court showing the conversation they had in writing.
"Listen man," wrote Whelan on June 13, 2011. "I need you to do something. I am with the General. [Operation] Proteus is walking on water brother. I would hate for [the female subordinate] to wreck this. Make her go away [please]. The Ambassador came back from the israelis and I cannot say how well we are thought of. We cannot allow this crazy person [to] muddy this mission. Make it your mission to appease this person. Understand?"
In his response, Ubbens said he would try but added "she has stability issues as you know" and described her "seeing red and crying uncontrollably" that morning. Ubbens testified that the female military member's reaction was in response to seeing an updated version of the performance evaluation review she wasn't happy with.
Whelan responded by asking if he could talk to her and see if she had changed her mind.
"This will destroy my career and marriage," wrote Whelan. "No one wants this. Most of all me."
Whelan also expressed remorse and said he knew he had "made a mistake with those emails."
"I apologize for failing you as a leader," wrote Whelan. "I can admit now all this time away from home weakened my marriage. I should not have done it.
"Anyway if she decides to go forward there is nothing I can do except get used to [being] a divorced pariah in the CF."
Ubbens said he never saw the emails to which Whelan was referring. He testified the female subordinate told him the emails were "sexually inappropriate."
"I had you on a pedestal," Ubbens wrote to Whelan. "This is certainly an ethical dilemma for me as I am questioning everything we have done with [the female subordinate] and why you asked me to get involved in the first place."
Ubbens testified that he changed the draft of the PER based on Whelan's approach, which opted to overlook some of the challenges the female military member faced during her tour and focus on her positive performance.
Ubbens said he agreed with Whelan and felt it was a reasonable and fair adjustment to the draft of the PER that recommended the female military member for a promotion.
"I think he was trying to protect the mission," Ubbens said.
Millar said the complainant demanded an outstanding performance evaluation report and "actively manipulated the chain of command" to get it.
Millar also alleged that news of the investigation was "leaked" to the media, leading to his client's charges and his removal from his job.
Dozens of military police, Millar said, had their hands on Whelan's file and this court martial is a result of their "incompetence" to "conduct a proper investigation or they were prevented from doing so" because of politics.
"His life was destroyed by that leak," said Millar.
Millar said he will be calling the Chief of Defence Staff General Wayne Eyre and Vice-Chief of the Defence Staff Lt.-Gen. Frances Allen to testify as witnesses.
Since 2021, roughly a dozen senior Canadian military officers — current and former — have been sidelined, investigated or forced into retirement from some of the most powerful and prestigious posts in the defence establishment.
Whelan replaced now retired vice-admiral Haydn Edmundson, who was charged in 2021 with sexual assault and committing indecent acts stemming from allegations dating back to 1991.
Edmundson pleaded not guilty in civilian court.
As the commander of military personnel, Whelan had authority over career consequences for military members found to have engaged in sexual misconduct.
The government's website says a top issue at Whelan's office was also complying with a class action sexual misconduct settlement. The government reached a $900-million settlement in 2019 and more than 18,000 people came forward to submit claims in 2021.
Military judge Cmdr. Martin Pelletier is presiding over the standing court martial for Whelan's case. A standing court martial is a military court that a military judge presides over alone without a panel of military members.
Millar told reporters outside the court martial that his aim is to rehabilitate Whelan's reputation. Millar said his client can't go back to a senior leadership role in the military because the forces have "thrown him to the dogs."
The court martial is scheduled to run two weeks.
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