May 08, 2019 - Ottawa - National Defence/Canadian Armed Forces
On 30 April 2019, the Canadian Forces National Investigation Service (CFNIS) charged a member of the Canadian Armed Forces (CAF) with sexual assault under the Criminal Code of Canada. The charge is in response to an incident which was reported to the Military Police at CFB Greenwood, NS, and involves another military member.
Private Brandon Spencer, a Regular Force member with 5 Canadian Division Support Base Gagetown who is awaiting basic training at Camp Aldershot in Kentville, NS, faces the following charge.
- One (1) count of Sexual Assault contrary to section 271 of the Criminal Code.
The matter is now proceeding through civilian justice system. The accused's first appearance is to be at a local court house in Kentville, NS and has been scheduled for June 18, 2019.
"The CFNIS investigates criminal allegations involving CAF members while serving in Canada and abroad. This investigation demonstrates our perseverance in ensuring those responsible for committing sexually based offences within the CAF are brought to justice."
Lieutenant-Commander Bryan MacLeod, Acting Commanding Officer, Canadian Forces National Investigation Service
Quick facts
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In all cases, the subject of charges is presumed innocent until proven guilty. The matter is now proceeding in civilian justice system. The accused first appearance at Courthouse in Kentville, NS, is scheduled to be on 18 June 2019.
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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.
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On 19 September 2018, two of three civilian justices of the Court Martial Appeal Court of Canada (CMAC) in the case of R. v. Beaudry found that paragraph 130(1)(a) of the National Defence Act is unconstitutional because it deprives members of the Canadian Armed Forces of the right to a trial by judge and jury for civil offences committed in Canada for which the maximum sentence is five years or more imprisonment.
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On 14 January 2019, the Supreme Court of Canada dismissed the Crown's motion to stay the CMAC's decision in Beaudry. This means that the finding of unconstitutionality remains in place pending the outcome of the appeal in the matter.
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As a result, the CFNIS cannot proceed by laying charges in the military justice system for such cases until the Supreme Court rules on the merits of the appeal that was heard on 26 March 2019. The CFNIS has determined that the appropriate charges in this case was therefore laid within the civilian criminal justice system.
