As reported by the CBC, in a recent ruling, Ontario Superior Court Justice Cynthia Petersen stayed assault and sexual assault charges against a member of the Canadian Armed Forces (CAF) due to severe misconduct by military police. Austin Corbett represented the Accused in this case in Guelph, Ontario.
The investigation, led by the Canadian Forces National Investigation Service (CFNIS), was marred by evidence tampering, bias, and actions beyond their jurisdiction. Justice Petersen called the misconduct “egregious and systemic,” breaching the defendant’s Charter rights. The charges stemmed from alleged incidents between 2007-2011, but the CFNIS improperly investigated them despite the alleged abuse occurring before the defendant joined the military and despite the Canadian Minister of National Defence’s 2021 directive to transfer such cases to civilian authorities.
Edmonton-based defence attorney Austin Corbett said he is “gratified by the decision” and his client is considering possible legal action against the CFNIS. “There was a lot missing,” Corbett, the defence attorney in this case, said of the gaps in evidence.
“It took months of work and repeated requests to the Crown prosecutor’s office and from the Crown prosecutor to the police in order to slowly sort of piece together a lot of the missing pieces.”
Austin Corbett said he and his client were also deeply troubled by the behaviour of the investigators, who “put the thumb on the scales of justice with regards to the family court proceedings.”
The judge criticized the investigators for their bias, improper involvement in family court matters, failure to document or disclose critical evidence, and attempts to influence the complainant’s testimony. The CFNIS also destroyed evidence and withheld key communications. This misconduct led to concerns about systemic issues within the CFNIS and calls for a public inquiry into military police practices. Legal experts expressed alarm at the scale of the mishandling and called for reforms to ensure accountability and transparency in military justice.
In an update, CBC reported that two military police members have been suspended.
The original CBC News Article is here: https://www.cbc.ca/news/canada/military-police-sexual-assault-investigation-superior-court-ruling-1.7438428
The Court Ruling can be found here: https://www.canlii.org/en/on/onsc/doc/2025/2025onsc153/2025onsc153.html