March 19, 2019 – Ottawa – National Defence/Canadian Armed Forces
On March 16, the Canadian Forces National Investigation Service (CFNIS) charged a member of the Canadian Armed Forces under the National Defence Act (NDA). The charges relate to reported incidents which took place during a function at the Fort Pepperrell Mess, Canadian Forces Station (CFS) St. John’s, NL in September 2018.
Major Kirk Kendall, a Reserve Force member with 37 Combat Engineer Regiment in St. John’s, NL faces the following charges:
- One (1) count of Disgraceful Conduct, Contrary to Section 93 of the NDA;
- Three (3) counts of Conduct to the Prejudice of Good Order and Discipline, Contrary to Section 129 of the NDA; and
- One (1) count of Drunkenness, Contrary to Section 97 of the NDA.
In September 2018, a third party reported that incidents of sexual nature had occurred while the accused and the victim(s) were present at a function at the Fort Pepperrell Mess, CFS St. John’s, NL. The CFNIS initiated an investigation into the allegations which has now resulted in charges.
The matter is now proceeding in accordance with the military justice system for possible summary trial or court martial at a date and location to be determined.
“The Canadian Forces Military Police seek to investigate and where appropriate lay charges based on factual evidence regardless of location in Canada or abroad. All members of the Canadian Armed Forces – whether they are part of the Reserve Force or Regular Force – should expect to serve in a respectful and professional environment safe from harmful and inappropriate sexual behaviour.”
Lieutenant-Colonel Kevin Cadman, Commanding Officer, Canadian Forces National Investigation Service
In all cases, the subject of charges is presumed innocent until proven guilty.
The matter is now proceeding through the military justice system for possible summary trial or court martial at a date and location to be determined.
The CFNIS is a specialized unit established within Canadian Forces Military Police Group (CFMP Gp). Its primary mandate is to investigate serious and sensitive matters in relation to Department of National Defence (DND) property, DND employees and CAF personnel serving in Canada and around the world. The CFMP Gp and the CFNIS conduct police investigations independently, without interference and in accordance with the highest professional standards.