From the Department of National Defence:
Charges Laid Following Brigadier-General Ménard Investigation
CFNIS NR – 2010-11 - July 12, 2010
OTTAWA – The Canadian Forces National Investigation Service (CFNIS), which is the investigative arm of the Canadian Forces Military Police, has concluded its investigation relating to allegations of inappropriate conduct and has charged Brigadier-General Daniel Ménard and Master-Corporal Bianka Langlois. The investigation was initiated in May 2010 and is related to the Canadian Forces Personal Relationships and Fraternization directives [DAOD 5019-1].
Brig.-Gen. Ménard was charged with:
- two counts of conduct to the prejudice of good order and discipline contrary to section 129 of the National Defence Act (NDA), related to alleged inappropriate conduct as outlined in the Canadian Forces Personal Relationships and Fraternization directives;
- one count of obstructing justice contrary to section 130 of the NDA, pursuant to section 139(2) of the Criminal Code of Canada; and
- one count of conduct to the prejudice of good order and discipline contrary to section 129 of the NDA, laid in the alternative to the obstructing justice charge.
Master-Corporal Langlois was charged with:
- one count of conduct to the prejudice of good order and discipline contrary to section 129 of the National Defence Act, related to alleged inappropriate conduct as outlined in the Canadian Forces Personal Relationships and Fraternization directives.
The charges were laid following allegations made in May 2010 while Brig.-Gen. Ménard was the Task Force Commander in Afghanistan.
The CFNIS is an independent Military Police unit with a mandate to investigate serious and sensitive matters in relation to Department of National Defence (DND) property, DND employees, and CF personnel serving in Canada and abroad.
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Section 129 of the National Defence Act (RSC 1985, c. N-5) provides that:
Conduct to the Prejudice of Good Order and Discipline
Prejudicing good order or discipline
129. (1) Any act, conduct, disorder or neglect to the prejudice of good order and discipline is an offence and every person convicted thereof is liable to dismissal with disgrace from Her Majesty’s service or to less punishment.
Offence and contraventions prejudicial to good order and discipline
(2) An act or omission constituting an offence under section 72 or a contravention by any person of
(a) any of the provisions of this Act,
(b) any regulations, orders or instructions published for the general information and guidance of the Canadian Forces or any part thereof, or
(c) any general, garrison, unit, station, standing, local or other orders,
is an act, conduct, disorder or neglect to the prejudice of good order and discipline.
(3) An attempt to commit any of the offences prescribed in sections 73 to 128 is an act, conduct, disorder or neglect to the prejudice of good order and discipline.
(4) Nothing in subsection (2) or (3) affects the generality of subsection (1).
Not intended to cover offences elsewhere provided for
(5) No person may be charged under this section with any offence for which special provision is made in sections 73 to 128 but the conviction of a person so charged is not invalid by reason only of the charge being in contravention of this subsection unless it appears that an injustice has been done to the person charged by reason of the contravention.
Officer’s responsibility not affected
(6) The responsibility of any officer for the contravention of subsection (5) is not affected by the validity of any conviction on the charge in contravention of that subsection.
Section 130 of the National Defence Act allows for charges to be laid against military personnel for offences under the Criminal Code of Canada.
