Vice-Admiral showed ‘poor judgment’ golfing with ex-top officer who was under investigation, defense department says

There was a lack of guidance and rules for senior military leaders when the head of the navy decided to go golfing last June with ex-top soldier Jonathan Vance who was then under investigation for sexual misconduct, according to a departmental analysis obtained by the Star.

That said, “it is reasonable to opine that other courses of action were available” to Vice-Admiral Craig Baines, says an “ethical analysis” from the Department of National Defense completed last June and obtained this week through an access to information request.

While the review’s final conclusion is redacted, the department told the Star this week that it found Baines “demonstrated poor judgment, but that his actions should not be construed as a deep ethical failing. The report also concluded that his actions created harm to the institution. ”

The analysis focused on a golf game last June, when former deputy chief of defense staff Mike Rouleau and Baines met with ex-chief of defense staff Vance while he was under military police investigation. The military police reported to Rouleau, who resigned within days of the golf game being made public.

“This and other cases make it clear that some senior leaders do not yet understand what is permissible when providing support to those accused of sexual misconduct,” the analysis found. “There also appears to be a lack of general guidance and articulation of the limits that should be placed on such support.”

An expert on military sexual misconduct said the finding remains relevant today, given that more senior leaders have ended up under investigation, as the Canadian Armed Forces continues to grapple with a sexual misconduct crisis.

“This report is saying there are deep ethical blind spots in terms of what their conduct should be,” said Charlotte Duval-Lantoine, a fellow at the Canadian Global Affairs Institute.

The department said in a statement that “we recognize that there is a need for more guidance with respect to support to” those accused of sexual misconduct, and is working on developing additional resources.

In a note to staff when he resigned last June, Rouleau said he communicated with officers under investigation to check on their well-being, with the “full knowledge and consent” of chief of the defense staff Gen. Wayne Eyre.

The analysis began after Eyre asked the office of the assistant deputy minister, review services to determine whether Baines’ participation in the golf game constituted “a real, perceived or apparent conflict of interest and / or created other ethical risks” for the military and defense department.

One finding in the analysis said the golf game presented an “apparent organizational conflict of interest” that “was sufficient to cause significant damage to the integrity of the CAF.”

Baines said in a statement to the Star last year that he was “devastated by the mistake I made in attending the golf game and was very saddened by the effect it caused.”

He said he had been engaging with survivors, and was committed to understanding “the blind spot that allowed this to occur,” and pushing other leaders to provide better supports to CAF members. A navy spokesperson said this week Baines had no further comment.

The analysis said it relied on information in the public domain and an interview with Baines, and was not a “formal investigation.”

It stated that Baines, who “has no outside of work personal relationship with… Vance nor Rouleau,” attended the golf game at Rouleau’s invitation, and said he understood the purpose of the game was to conduct a “wellness check” on Vance.

“It is not unreasonable to surmise that even in the situation articulated by VAdm Baines, other possible courses of action should have been given more consideration to avoid the apparent organizational conflict of interest,” the analysis said. (The unredacted portions of the document do not specify what those other courses of action were.)

“However, from the information that was disclosed, a reasonable person… would concede that the situation confronting VAdm Baines presented a real challenge and required courage to take on.”

The review was prepared on June 18, and Eyre announced on June 29 that Baines would keep his job. In making his decision, Eyre said he had consulted sailors, survivors, legal and conflict of interest experts, academics and senior public servants.

As the Star reported in December, Eyre had first asked the head of the military police, Brig.-Gen. Simon Trudeau, to investigate the circumstances of the golf game. Trudeau declined, citing in part his reporting relationship with Rouleau. He recommended Eyre contact review services instead.

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