Acquitted after court martial, former cadet leader leaves military

by **Stayner** Wed 15 Aug 2018, 5:04 pm

Todd Bannister says he has retired from the Canadian Armed Forces

Brian Higgins · CBC News · Posted: Aug 15, 2018

https://www.cbc.ca/news/canada/prince-edward-island/pei-todd-bannister-1.4786118

by **OutlawSoldier** Thu 16 Aug 2018, 9:52 am

Apr 09th (Todd Bannister) article

Crown appealing not guilty verdicts in case involving army cadet leader

Court martial TG-27022018-Bannister2MM_20180227160339_large

http://www.theguardian.pe.ca/news/local/crown-appealing-not-guilty-verdicts-in-case-involving-army-cadet-leader-200204/

by **OutlawSoldier** Thu 16 Aug 2018, 9:54 am

Feb 27th (Todd Bannister) article

P.E.I. court martial against Todd Bannister lacked ‘basic legal standard’: defence

http://www.theguardian.pe.ca/news/updated-pei-court-martial-against-todd-bannister-lacked-basic-legal-standard-defence-189371/

by Matrix Tue 11 Sep 2018, 10:23 am

Ex-corporal’s court martial underway

Richard Watts / Times Colonist
SEPTEMBER 11, 2018

Court martial Photo-scales-of-justice-courts

https://www.timescolonist.com/news/local/ex-corporal-s-court-martial-underway-1.23426754

by Matrix Tue 11 Sep 2018, 10:34 am

Court martial 13487410_web1_VNE-CFBesquimaltAerial

Court martial underway for retired CAF member accused of sex crimes in Victoria

https://www.ashcroftcachecreekjournal.com/news/court-martial-underway-for-retired-caf-member-accused-of-sex-crimes-in-victoria/

by Scorpion Tue 06 Nov 2018, 12:11 pm

Statement to police not voluntary, defence tells cocaine court martial

Stuart Peddle (speddle@herald.ca)
Published: Nov 06, 2018

The first day in a court martial for a navy man accused of using cocaine focused on whether a statement he gave to military investigators was voluntary.

Leading Seaman Christopher Edwards is charged with conduct to the prejudice of good order and discipline.

A standing court martial began Monday afternoon in Halifax.

Proceedings began with a voir dire to determine the admissibility of a video recording of the statement Edward made to Master Cpl. Bassel Sabalbel of the Canadian Forces National Investigation Service’s drug enforcement team on June 12, 2017.

Edwards is accused of using cocaine between September 2015 and July 2016.

Investigators learned of his alleged involvement when executing warrants against another military member suspected of dealing drugs. A search of cellphone usage turned up texts from Edwards allegedly arranging to buy cocaine.

The investigators arranged for Edwards to come into their Halifax offices to provide a statement before he was charged.

Defence counsel Maj. Andreas Bolik submitted to military judge Cmdr. Martin Pelletier that Edwards’ statement was not voluntary because of what he termed as intimidation tactics, including that Edwards was subjected to a pat down check for weapons when he entered the offices and that the door to the interview room was closed behind him, in effect becoming a psychological barrier to his leaving, although Sabalbel told him he was free to do so at any time.

Bolik submitted to the court that Sabalbel pressed Edwards, a sonar tech on the HMCS Ville de Quebec, to sign a form recognizing his right to call a lawyer at any time and to acknowledge he waived that right. Bolik suggested the investigator pushed the issue when Edwards appeared confused.

“I submit that this is one of those cases where the oppressive circumstances were more subtle,” Bolik told the court. “Things like a pat down search, the secured doors, the issues on the supplementary caution and the fact that often Master Cpl. (Sabalbel) overrode Leading Seaman Edwards. … They were both speaking at the same time.”

Bolik suggested that all of these factors affected his client’s perception of whether he was in custody or free to refuse to speak and leave.

“In the totality of the circumstances, the statements were not totally voluntary,” Bolik said.

Second prosecutor Lt. Steve MacLean handled the voir dire for the Crown, together with primary prosecutor Maj. Patrice Germain.

“Master Cpl. Sabalbel conducted his interview with the accused in an honest and forthright manner,” MacLean said in concluding his submission on the video.

“He ensured that the accused knew that the accused’s presence at CFNIS offices was voluntary. Moreover Master Cpl. Sabalbel told the accused why he was asked to come to CFNIS offices and ensured the accused was informed of his legal rights. He cautioned the accused appropriately. As such, he made painstaking efforts to ensure not only that the accused was cautioned but that he understood the substance of the caution. There were no intimidations, threats, promises or inducements or oppressions and as the video clearly demonstrates, the entirety of the accused’s statement was voluntary.”

The video recording was played for the court as part of the voir dire process. The judge will rule on it on Tuesday morning and the trial will proceed from there.

https://www.thechronicleherald.ca/news/local/statement-to-police-not-voluntary-defence-tells-cocaine-court-martial-256983/

by **Starman** Tue 06 Nov 2018, 8:38 pm

Defence wants crucial video evidence excluded in drug use court martial

Premium content
Stuart Peddle (speddle@herald.ca)
Published: Nov 06, 2018

The defence wants the judge to exclude a video that is crucial to the Crown's case at a standing court martial in Halifax.

A military judge initially allowed the video recording of Leading Seaman Christopher Edwards' interview with a Canadian Forces National Investigation Service officer to be entered as evidence on Tuesday after extensive voir dire debate over whether it could be considered voluntary or not.

Edwards is charged with conduct to the prejudice of good order and discipline by using drugs, specifically cocaine.

The recording of the interview in which Edwards admits to using drugs during a period of his life when he had broken up with his girlfriend is the cornerstone of the prosecution's case.

Defence attorney Maj. Andreas Bolik had first argued against the admissibility of the recording on Monday, saying that Edwards did not consider the interview a voluntary process because of subtle coercion on the part of the interviewer, Master Cpl. Bassel Sabalbel of the CFNIS's drug enforcement team.

On Tuesday morning, the judge, Cmdr. Martin Pelletier, disagreed with the defence, saying that evidence or absence of it during the video is not sufficient to raise reasonable doubt as to whether the admissions Edwards made to the investigator that he did use cocaine were coerced.

“The court finds that the prosecution has established beyond a reasonable doubt that the statement given by Leading Seaman Edwards to Master Cpl. Sabalbel of the CFNIS on 12 June 2017 was voluntary,” Pelletier said.

On Tuesday afternoon, Bolik's co-counsel, Lt. Catherine Punshon, presented arguments that the interview came about as a result of unreasonable and unwarranted searches that violated their client's rights.

The interview was conducted on June 12, 2017. Edwards is accused of using cocaine between September 2015 and July 2016.

Investigators learned of his alleged involvement when executing warrants on the property and cellphone of Leading Seaman Kristopher Stow, who pleaded guilty in August to one charge of trafficking cocaine.

The judge in that case, Lt.-Col. Louis-Vincent d'Auteuil, sentenced Stow to 10 months in prison.

A search of Stow's cellphone usage turned up texts from Edwards allegedly arranging to buy cocaine.

The investigators arranged with the Leading Seaman's superiors for Edwards to come into their Halifax offices to provide a statement before he was charged.

Edwards, a sonar tech on the HMCS Ville de Quebec, is shown entering the interview room with Sabalbel and the two engage in casual conversation before the investigator advises Edwards that he can leave or ask for a lawyer at any time. After signing forms indicating he did not want a lawyer at that time, Edwards is shown a printout that Sabalbel tells him show text messages recovered from Stow's phone that indicate Edwards was asking to buy cocaine.

Sabalbel also shows him Stow's bank records revealing e-transfer payments from Edwards on several occasions.

In the video, Edwards then admits that some of the texts were requests for cocaine and the payments were for the drug.

Punshon argued that the original warrants in the Stow case applied only to Stow and that Edwards had a reasonable expectation of privacy for texts he sent to Stow. The same should have applied to bank records that showed Edwards made payments to Stow, she said. The warrants to obtain the records refer only to Stow, not to Edwards, because of the fundamentally very private nature of bank records, she said.

If police wanted to open a new investigation into Edwards, she submitted, they should have obtained new warrants to allow them to use those texts and bank records. Since they did not, she argued that the evidence is tainted and Sabalbel should not have been able to use them to obtain what is essentially a confession from Edwards, which is depicted in the video evidence.

Pelletier asked Punshon to prepare further arguments to be presented Wednesday morning and cautioned prosecutor Maj. Patrice Germain and his co-counsel Lt. Steve MacLean to be prepared to oppose the submissions.

https://www.thechronicleherald.ca/news/local/defence-wants-crucial-video-evidence-excluded-in-drug-use-court-martial-257175/

by RevForce Wed 07 Nov 2018, 8:21 pm

Military judge considering status of video confession in drug case

Stuart Peddle (speddle@herald.ca)
Published: Nov 07, 2018

The judge in a standing court martial for a sailor accused of using cocaine will render his decision next week on whether a video that is crucial to the case will be excluded or not.

Leading Seaman Christopher Edwards, a sonar tech on the HMCS Ville de Quebec, is charged with conduct to the prejudice of good order and discipline by using drugs, specifically cocaine.

Cmdr. Martin Pelletier is hearing the case in Halifax.

The video in question is a recording of the interview Edwards had with Master Cpl. Bassel Sabalbel, a Canadian Forces National Investigation Service officer, in June of 2017 at the CFNIS offices in Halifax.

The interview, in which Edwards admits to using drugs several years ago during a “rough patch” of his life when he had broken up with his girlfriend, is the cornerstone of the prosecution's case. Edwards is accused of using cocaine between September 2015 and July 2016.

Defence attorneys Maj. Andreas Bolik and Lt. Catherine Punshon submitted an application to have the evidence excluded based on questions related to the warrants used by investigators in building a trafficking case against another sailor, Leading Seaman Kristopher Stow, who is now serving a 10-month jail sentence after pleading guilty in August, and whether they can be applied to Edwards.

On Wednesday, Punshon continued the presentation she had begun on Tuesday, arguing that the interview came about as a result of unreasonable and unwarranted searches that violated their client's rights.

Investigators learned of Edwards' alleged drug use after a search of Stow's cellphone usage turned up texts from Edwards allegedly arranging to buy cocaine.

Punshon argued that the original warrants in the Stow case applied only to Stow and that Edwards had a reasonable expectation of privacy for texts he sent to Stow even though they appeared on Stow’s phone. The same should have applied to bank records that showed Edwards made payments to Stow, she said. The warrants to obtain the records refer only to Stow, not to Edwards, because of the fundamentally very private nature of bank records, she said.

If police wanted to open a new investigation into Edwards, she submitted, they should have obtained new warrants to allow them to use those texts and bank records. Since they did not, she argued that the evidence is tainted and Sabalbel should not have been able to use them to obtain what is essentially a confession from Edwards, which is depicted in the video evidence.

The confession in the video, considered derivative evidence, would not have been obtained but for the use of evidence that the defence argued was itself obtained outside of the bounds of any warrant, Punshon said.

“For the court to allow this evidence to be used in this manner, I think it does indicate a disregard for charter rights, which really should weigh on the side of bringing the administration of justice into disrepute if it's not excluded in this circumstance,” she said.

Pelletier asked the lawyers for copies of the Stow warrants and the production order that specified Stow’s bank records.

“I don't want to leave an evidentiary black hole on the record,” the judge said. “It may not be the issue directly, but it may be a factor in the analysis.”

He had the documents entered as exhibits.

Crown prosecutor Maj. Patrice Germain countered the argument on Wednesday with his submission that the warrants were perfectly legal for the gathering of evidence against Stow and the fact that the texts came to the attention of police during their search of the trafficker's phone constituted evidence that would be in plain view, much as a knife laying on the floor of a room that police had searched as a result of a warrant can be used for further investigation, and therefore does not violate Edwards' rights.

Germain described a text message conversation as a locked box accessible by two keys, one with the each of the participants of the electronic communication.

“Once that key is used on either side, and that key is used legally, then what's inside becomes available to the police,” he told the court.

Germain also referred to a transcript of the video and pointed out that Edwards told the investigator that he used drugs and drank heavily while distraught over his breakup before Sabalbel showed him the evidence of his texts that indicate Edwards was asking to buy cocaine from Stow. Sabalbel also shows him Stow's bank records revealing e-transfer payments from Edwards on several occasions.

Edwards then admits to Sabalbel that some of the texts were requests for cocaine and the payments were for the drug.

Much of the arguments on both sides cited previous cases where searches of computers and cellphones let to questions of infringement of rights through electronic means.

Before adjourning, Pelletier said the complexity of the legal questions related to the submissions requires careful consideration. He will render his decision next Wednesday.

https://www.thechronicleherald.ca/news/local/military-judge-considering-status-of-video-confession-in-drug-case-257489/

by Ringo Wed 14 Nov 2018, 4:31 pm

Military judge will render decision Thursday in drug use trial

Published: Nov 14, 2018

https://www.thechronicleherald.ca/news/local/military-judge-will-render-decision-thursday-in-drug-use-trial-259406/

by Looper Tue 20 Nov 2018, 8:23 am

Alleged hit to genitals at centre of court martial hearing

By: Carol Sanders | Posted: 11/19/2018

Court martial MILITARY_POLICE_181119_Court_martial_0020

https://media.winnipegfreepress.com/images/MILITARY_POLICE_181119_Court_martial_0020.jpg

by **Apollo** Wed 21 Nov 2018, 8:26 pm

Court martial appeal court considers sexual remarks made to cadet

Nov 21, 2018

Military prosecutors argued in an appeal court that a judge erred in a couple of ways when he acquitted the commander of an army cadet unit in a case where he made sexually inappropriate comments to a teenage girl under his command.

The Court Martial Appeal Court heard the arguments on Wednesday in Halifax.

Former army reserve Capt. Todd Bannister was found not guilty of two counts of conduct to the prejudice of good order and discipline and two counts of disgraceful behaviour at the court martial in February.

Bannister was the commanding officer of the 148 Charlottetown Royal Canadian Army Cadet Corps at the time of the alleged offences but has since been released from the military.

In Wednesday’s court session, prosecutors Lt.-Col. Anthony Farris and Maj. Dominic Martin handled the appeal submissions for the Crown. Lt.-Cmdr. Mark Letourneaux represented the defence.

Chief Justice Richard Bell, Justice Elizabeth Bennett and Justice Ted Scanlan comprised the panel hearing the appeal.

Farris outlined the facts of the case that were not in dispute. One one occasion, Bannister had suggested to Breanna MacKinnon when she was an 18-year-old cadet that they should have sex on his desk. The second incident happened when she was a full member of the Canadian Armed Forces and tasked with organizing a cadet course in Montreal. She was flustered at trying to get cadets to their correct trains and Bannister told her, in an apparent attempt to calm her down, that they should have sex.

In the original decision, Judge Lt. Col. Louis-Vincent d’Auteuil ruled that the prosecution had failed to prove beyond a reasonable doubt that Bannister caused harm and failed to prove that he had known that such comments were a violation of military cadet administration and training orders.

“The military judge made the following errors,” Farris told the panel. “Number One: He concluded that there was no evidence that the conduct of the accused tended to adversely affect good order and discipline. Number Two: He refused to apply his knowledge and experience in his determination that a proven conduct is prejudicial to good order and discipline.”

Farris said that while there was no physical harm to MacKinnon, there was a risk of harm because she first was a cadet and then was a subordinate rank to Bannister. She testified that she lost trust and felt a sense of betrayal.

Much of the arguments of the day's session focused on the wording of the “risk of harm” to MacKinnon and the armed forces and the burden of proof the prosecution must have related to how the conduct leads to the prejudice of good order and discipline.

Letourneaux argued that the prosecution did not prove prejudice beyond a reasonable doubt and suggested that the Crown should have called an expert to testify as to the effects of the conduct on the armed forces.

Farris and Martin countered that it is within a military judge's purview to draw an inference of prejudice based on his or her own general knowledge and experience.

In this case, Farris maintained, d'Auteuil also erred when he failed to do so. Instead, d'Auteuil cited another case, which led to “improperly identifying the concept of prejudice as a fact which must now be proven by the prosecution. But to be clear, prejudice is not a fact to be proven by the prosecution. Whether prejudice exists or not is the ultimate determination to be made by the trier of fact.”

Martin picked up the Crown's arguments in submissions pointing to section 93 of the National Defence Act, which deals with the disgraceful conduct charges. He suggested that a new standard of testing is needed for the analysis of the impact such conduct has and that a new trial would be warranted to seek that.

Letourneaux said this case is about a military criminal evidence case. The question is whether the evidence introduced at trial demonstrated whether the comments were made in circumstances legally sufficient to criminalize his conduct under sections 93 and section 129, which governs conduct to the prejudice of good order and discipline.

“This issue, as this court recognizes, is not to determine whether these comments were acceptable. They clearly were not,” he submitted.

“The question here is whether his conduct should be criminal.”

The panel members questioned both sides extensively throughout their submissions. They reserved their decision.

Col. Bruce MacGregor, national Director of Military Prosecutions, attended the session.

“I think the court martial appeal court took great interest in the issues and they took as much time as they felt was necessary to canvas the concerns on both sides and I look forward to a very reasoned and thoughtful decision in the months to come from the court martial appeals court on both Section 93 and Section 129 of the National Defence Act,” MacGregor said after the hearing.

“This is a further illustration of the level of seriousness that our prosecution service puts into both support of victims within the Canadian Forces and as well as bringing persons that are alleged to have committed a sexual misconduct to be held accountable.”

https://www.thechronicleherald.ca/news/local/court-martial-appeal-court-considers-sexual-remarks-made-to-cadet-261592/

by **Hammercore** Fri 23 Nov 2018, 9:10 pm

Court martial appeal court considers sexual remarks made to cadet

Stuart Peddle (speddle@herald.ca)
Published: Nov 21 2018

Updated: Nov 23, 2018

Court martial TG-A00-17012018-Bannister-JD_20180117160324_large

https://www.theguardian.pe.ca/news/local/court-martial-appeal-court-considers-sexual-remarks-made-to-cadet-261592/

by **Alpha** Mon 26 Nov 2018, 8:46 pm

Court martial finds Forces member not guilty of hit to genitals

By: Carol Sanders
Posted: 11/26/2018

After a four-day court martial in Winnipeg, a Canadian Forces member has been acquitted of quarrelling with another Forces member and using "provoking gestures" — described as "bag-tagging."

Master Cpl. Nicholas J. Lewis had been accused of hitting a fellow master corporal in the genitals with an axe handle following a testy exchange at an axe-throwing venue on Oct. 27, 2017. He pleaded not guilty to two charges under the Code of Service Discipline — "using provoking gestures toward a person, tending to cause a quarrel" and "quarrelling with a person" — violations of the National Defence Act.

"The accused was found not guilty on both charges," said Maj. Doug Keirstead, director of military prosecutions.

The court martial at 17 Wing ran from Nov. 19-22, with Military Judge Commander Martin Pelletier presiding.

"The military judge ruled that the prosecution had not proven beyond a reasonable doubt that the accused had committed the offences in question," Keirstead wrote Monday in an email to the Free Press. "The judge’s written decision is forthcoming, and will be available on the website of the chief military judge in due course."

In a videorecorded interview with military police shown at the court martial, Lewis described the axe-throwing competition as getting testy, with heckling and lots of "chirping."

He said Master Cpl. K.A.W. (Kyle) VanGenne was very competitive and especially critical of him, so he "shouldered" VanGenne after completing his turn and walking past him.

"I did not make contact with that man's genitals, nor did I think about doing that," Lewis said in the interview with the military police. He said he "nudged" the other man with his shoulder as he walked past.

The military police officer conducting the interview told Lewis the alleged victim, and a second Canadian Forces member at the event, described the "bag-tagging" incident and making contact with his "groin area."

Lewis adamantly denied the allegation. He said if such a thing had occurred, the person hit would likely have had a noticeable physical reaction.

After Lewis was found not guilty, the director of military prosecutions said he couldn't comment on the military judge's decision. Keirstead said his department will "review in detail the judge's reasoning and within 30 days make a determination whether or not this matter will be appealed to the Court Martial Appeal Court of Canada."

The Code of Service Discipline is the basis of the Canadian Forces military justice system. It is designed to assist military commanders in maintaining discipline, efficiency, and morale within the Canadian Forces. It is part of the National Defence Act.

"The Canadian Armed Forces holds its members to a very high standard of conduct and performance — Canadians have a clear expectation that their armed forces will be a disciplined one while reflecting Canadian values and ethics," Keirstead said. "In the event that a member is alleged to have committed a service offence, the matter is thoroughly investigated to determine the facts and, if warranted, charges are laid.

"The matter is then dealt with in the military justice system, openly, fairly and in accordance with the law."

carol.sanders@freepress.mb.ca

https://www.winnipegfreepress.com/local/court-martial-finds-forces-member-not-guilty-of-hit-to-genitals-501286021.html

by **Alpha** Sat 01 Dec 2018, 7:43 am

Military court martial system experiences backlog

Stuart Peddle (speddle@herald.ca)

Published: Nov 30, 2018

Court martial B97862986Z.1_20181130201911_000G45MMTKK.1-1_large

https://www.thechronicleherald.ca/news/local/military-court-martial-system-experiences-backlog-264447/

by Garrison Wed 05 Dec 2018, 8:36 pm

Cases adjourned, charges withdrawn as military struggles with constitutionality of courts martial

Murray Brewster · CBC News · Posted: Dec 05, 2018

Court martial Soldier-tickle-party-assault-20180202

https://www.cbc.ca/news/politics/court-martial-constitution-supreme-court-1.4934078

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