Admiral McDonald plans to return as defence chief after misconduct probe: Lawyers

U.S. Navy operations spanned the widest range from carrier strikes to coastal interdiction, gunfire support, amphibious landings, riverine warfare, and logistic support. The unchanging importance of the sea lanes was once again demonstrated by Vietnam, where all of the bulk fuel, more than 99 percent of the ammunition, and 95 percent of all other cargoes went by ship. Two days later, Wayne Eyre, the acting chief of the defence staff, was promoted to full general, a move interpreted as a strong message to McDonald that the government remained in charge. Admiral Art McDonald is leaving the military and entering the history books as one of the shortest serving chiefs of the defence staff in Canadian history. To order McDonald’s contactless delivery, select your favorites in DoorDash, Uber Eats, Grubhub, or Postmates as you usually would.

The nature of the allegation against McDonald has not been publicly confirmed, but CBC has reported that it related to an allegation of sexual misconduct dating back to his time commanding a Canadian warship in 2010. The Canadian Forces National Investigation Service announced the end of the probe into McDonald’s conduct late Friday, saying they had decided there was not enough evidence to charge McDonald under either the Criminal Code or the military’s disciplinary code. McDonald also took the unprecedented step of sending a letter to all generals and admirals.

The Privy Council Office responded that McDonald would remain on leave until the matter was reviewed, and a few days later Eyre was promoted to full general. On 1 November 2021, when he responded to a letter from the Privy Council Office, Admiral McDonald indicated that he continued to believe resolutely that we must support complainants, victims, and survivors of misconduct. We do so through continued support of, and improvement to, the mechanisms by which allegations of wrongdoing are investigated and, where there is evidence to support the allegations, prosecution before a competent court or tribunal.

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• By stepping away from his duties, he minimized, to the extent possible, any potential fettering of the process.
• Not only is that the right of any subject of a criminal or disciplinary investigation, but he also avoided making any statements that could have a chilling effect on the investigation involving him, or any other senior officer.
• At a time when the military justice system is at a crossroads, we would all do well to draw lessons from how this matter has unfolded.
• Charges have been laid on weak evidence, both in the military justice system and the civilian criminal justice system.
• “After consultation with his counsel, Admiral Art McDonald has decided to return to his duties and functions immediately,” the statement noted.

In 2010, McDonald served as the Maritime Component Commander of Canadian Joint Task Force Haiti. He received a Meritorious Service Medal in recognition of his coordination of the disaster relief activities of HMCSHalifax and HMCSAthabaskan. He served as commanding officer of HMCS Halifax from 2007 to 2009 before taking command of Fifth Maritime Operations Group in December 2009. Is a Royal Canadian Navy admiral who served as Chief of the Defence Staff of the Canadian Forces from January 14, 2021, until February 24, 2021, when he voluntarily stepped aside due to an investigation by the Canadian Forces National Investigation Service. On November 25, 2021, McDonald was formally relieved of his command, and replaced permanently by General Wayne Eyre who had held the post during the interim.

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It was also alleged that portions of the investigation were leaked to the news media. Admiral McDonald was obliged to seek information under the Privacy Act. Although the discussion that follows focuses specifically on factors arising over the past nine months in relation to allegations brought against Admiral Art McDonald, I suggest that there are broader lessons that can be learned from these experiences, that merit discussion. However, in doing so, I will be transparent that I am offering commentary regarding matters that arose with a client, and which have attracted a not insignificant amount of public attention, and speculation.

Yet, it was not until 6 August, over 3 months later, that the CFNIS announced that there was insufficient evidence to lay a charge. And, just as Major General Fortin learned of the referral of an investigation to a civil prosecutor, Admiral McDonald first learned of this the advantages of issuing bonds instead of common stock decision from the media, and not from an official of the Department or the Canadian Forces. Admiral McDonald voluntarily stepped away from his duties as Chief of the Defence Staff. He did so to respect the complainant’s opportunity to bring the complaint forward.

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In 1964, he was commander of an attack squadron flying A-4 Skyhawks from the carrier Ticonderoga when the destroyer Turner Joy reported it was under attack by North Vietnamese torpedo boats. Then-President Lyndon B. Johnson ordered retaliatory air strikes, dubbed Operation Pierce Arrow, for which future Admiral McDonald was the flight leader. In 1985, the Pentagon’s inspector general was sharply critical of Admiral McDonald for failing to direct a full investigation of his subordinate, Vice Admiral Joseph Metcalf II, the task force commander of the invasion.

Contrary to the assertions broadcast by Corus Entertainment/Global News, there was no corroboration that Admiral McDonald perpetrated that act. What the heavily redacted disclosure conveyed was that the allegations against Admiral McDonald, which pertain to alleged events from over 10 years ago, lacked merit. It was not immediately clear whether Prime Minister Justin Trudeau or Defence Minister Harjit Sajjan were aware of McDonald’s plan to take back command of the military from acting defence chief Lt.-Gen.

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Others pointed out the position of CDS was a governor-in-council appointment, meaning the government could dismiss the chief at any time. Simon Trudeau announced the Canadian Forces National Investigation Service had completed its investigation. “The investigation did not reveal evidence to support the laying of charges under either the Code of Service Discipline or the Criminal Code of Canada,” Trudeau stated. During the mid-1950s, McDonald commanded the aircraft carrier USSCoral Sea.

When you are checking out, choose the “Leave at Door” option in the Uber Eats app, “Leave at my door” option in the DoorDash app, or “contact-free delivery” in the Grubhub app, or choose the dropoff option “Leave order at my door” on Postmates. Make sure you turn on location services so that we can show you all of the available features in the McDonald’s app. Mobile Order & Pay will appear in the McDonald’s app as a feature when you’re within 5 miles of a McDonald’s restaurant that offers Mobile Order & Pay. On November 25, 2021, McDonald was formally relieved of his command as Chief of Defence Staff, with Eyre being permanently appointed to the position.

The commissioning of ten additional fleet ballistic missile submarines during Admiral McDonald’s first year as Chief of Naval Operations strengthened the nation’s nuclear deterrent posture. Two important new ships were launched, the attack carrier USS America and the high-speed combat support ship USS Sacramento—the first of a new type capable of simultaneous alongside and helicopter replenishment at sea of fuel, ammunition, provisions, and stores. Fleet modernization continued as older destroyers and other types passed through the fleet rehabilitation and modernization program. Michael Robert Patterson was born in Arlington and is the son of a former officer of the US Army.

Requests under the Privacy Act must normally be satisfied within 30 days. That provides sufficient time to locate the pertinent records. If the Department wishes to redact information to suit their own purposes or to meet other obligations, that must be done within this limitation period. Their unsubstantiated claim was that “… the original time limit would unreasonably interfere with the operations of the Department.” They offered no objective explanation regarding what that interference was or could be.

“My expectation is that Admiral McDonald will remain on leave while we while we review this situation,” he said at a news conference in Vancouver Wednesday, adding he only learned about McDonald’s plan a short time earlier. At the outbreak of World War II, Lieutenant McDonald was serving on carrier USS Ranger as Flag Secretary to Commander, Aircraft, Atlantic Fleet. Later in the conflict he was air officer and executive officer of USS Essex and on the staff of Commander, Air Force, Pacific Fleet.

There will inevitably be redactions of information, even when Military Police reports are disclosed for prosecutorial purposes under R v Stinchcombe, 3 SCR 326. Some personal information, pertaining to other people, must necessarily be redacted. However, it is clear from the redactions that information pertaining to the allegations against https://day-trading.info/ Admiral McDonald (i.e., his ‘personal information’ as defined under the Privacy Act) was redacted by the Department. “As has been cited during this investigation, ‘If we don’t have due process, then all we have are witchhunts … That doesn’t change the culture. It just makes it unfriendly for everyone,” the statement reads.

“The investigators, and the prosecutors who advise them, would have been conscious of the criticism that would arise if no charges were laid,” Edelson and Fowler said. But Defence Minister Harjit Sajjan said he expects McDonald to wait, which could set up a battle between the Liberal government and its hand-picked military commander ahead of a possible federal election. He attained flag rank in 1955 and was ordered as Director of the Air Warfare Division, Office of the Chief of Naval Operations. In November 1957, Admiral McDonald was named Deputy Assistant Chief of Staff at Supreme Headquarters Allied Powers, Europe. Command of a carrier division followed until July 1961, when he reported as Commander, Sixth Fleet and Commander, Naval Striking and Support Forces, Southern Europe. From April 9, 1963 until named Chief of Naval Operations, Admiral McDonald was Commander in Chief, U.S. Naval Forces, Europe, with additional duty as Commander in Chief, U.S. Naval Forces, Eastern Atlantic and Mediterranean and Commander of the Naval Component of the U.S.

One of the consequences is that a larger number of allegations are now characterized, for statistical purposes, as ‘founded’. However, these conclusions are not indicative of the merit of evidence gathered by the law enforcement investigators. An allegation that satisfies the ‘incident clearing status’ of ‘founded’ could result in an extensive investigation that identified no additional inculpatory evidence. We eventually received a copy of the Military Police report concerning the allegations that precipitated the sequence of events over the past nine months. Despite a timely request under the Privacy Act, the Department of National Defence failed to satisfy this request in a timely manner or within the limitation period imposed under the statute.

David Lamar McDonald was born September 12, 1906, in Maysville, Georgia. He entered the Naval Academy in 1924, graduated four years later, went to battleship duty and on to flight training at Pensacola. Designated a naval aviator in 1931, various aviation duties followed, including a tour with Fighter Squadron Six in USS Saratoga and at Pensacola as a flight instructor.

I wish the new Chief of the Defence Staff, General Wayne Eyre, well. However, the ‘unsolicited advice’ that I offered his predecessor on 7 January 2021, and the principles underlying that ‘advice’, applies to him as well. While a lot has happened in the intervening 10+ months, not much has changed. Admiral McDonald also remained silent throughout the recent federal election. He made limited public commentary, and only after he was patently, and repeatedly, ignored by the Prime Minister and Minister of National Defence, while also being vilified in news reporting.