Admiral McDonald plans to return as defence chief after misconduct probe lawyers
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OTTAWA — Admiral Art McDonald is planning to return to his position as commander of the Canadian Armed Forces after military police opted not to charge him last week following an investigation into his conduct.McDonald stepped down in February as chief of the defence staff as a result of a Canadian Forces National Investigation Service investigation into an allegation of misconduct.But a statement released Wednesday, McDonald’s legal team said the naval officer would be returning to the position after the nearly six-month investigation "exonerated" him."Given that it was his decision to step aside, it is now his decision — indeed obligation — to return to his duties," reads the statement issued by lawyers Michael Edelson and Rory Fowler."Admiral McDonald, who has long been recognized as a proven leader of culture change in the Canadian Armed Forces, will now return to his duties as chief of defence staff."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. Wayne Eyre.The CFNIS announced the end of the investigation 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.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.Global News has reported that navy Lt. Heather Macdonald, a navy combat systems engineer, came forward with the allegation against McDonald. Macdonald was quoted by Global on Friday as saying she was upset by the military police decision.While neither Trudeau nor Sajjan have commented publicly, the Liberal government has since faced calls not to reinstate McDonald, with some experts and victim’s advocates questioning the decision to have military police investigate the allegation rather than civilian authorities.These experts and advocates have suggested this casts doubt on the veracity of the investigation, and that McDonald does not now have the moral authority to lead the military in changing its culture.Provost Marshal Brig.-Gen. Simon Trudeau defended the independence and professionalism of his military police officers in a statement announcing the end of the investigation into McDonald’s conduct.McDonald’s legal team said the former Royal Canadian Navy commander, who took over as defence chief only five weeks before stepping down and has not previously commented publicly on the case, maintains his complete innocence.They added that he co-operated fully during the investigation, and cited the need to respect due process in Canada."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. "If there is a failure to respect ‘due process,’ it imperils the very basis of the rule of law in either military or civilian domain."This report by The Canadian Press was first published Aug. 11, 2021.