Military bans use of its letterhead in court character references for soldiers convicted of crime

The Canadian Armed Forces is attempting to distance itself from senior military leaders who offer positive character references to soldiers convicted of a criminal offence.

After almost a year-long review prompted by a CBC News story, the military recently released new internal guidance on character references submitted to court to be taken into consideration by a judge during sentencing. The guidance says that while military members have every legal right to give character references to those found guilty of crimes, it's a personal choice — and military members can't present such references as coming from the Canadian Armed Forces itself.

"CAF members providing a character reference do so as individuals … [and] shall not use letterhead representing any CAF organization," says the new guidance.

The military appears to be trying to avoid a repeat of what played out in criminal court in Ottawa almost two weeks ago when retired general Jonathan Vance, former chief of the defence staff, pleaded guilty to obstruction of justice in relation to an investigation into allegations of sexual misconduct  — allegations Vance denies. 

The judge granted Vance a conditional discharge with one year probation  — and no criminal record. The judge said he didn't feel it was "necessary to burden" Vance with a criminal conviction. Among the factors the judge said he considered were the seven positive character references written by retired military members praising Vance's leadership skills and performance in combat.

Maj.-Gen. Guy Chapdelaine wrote his character reference for Vance using the official letterhead of the Office of the Chaplain General of the Canadian Armed Forces, even though he left that office almost four months prior and no longer served in that role. Chapdelaine is in the process of retiring and hasn't held a position with the Royal Canadian Chaplain Service since May 2021, the defence department confirms. His letter also had the official National Defence logo stamped on it.

Chapdelaine's letter, which was read out in court, described Vance as a "great leader" with a "significant vision" and said he was "honoured to work with" the former top soldier. Chapdelaine noted he is also a "close friend" with Vance's wife.

Michel Drapeau, a retired colonel and expert in military law, called Chapdelaine's character reference a misrepresentation of his current status. The use of the official letterhead made it appear as if he were speaking in an official capacity on behalf of all military chaplains working under his leadership, Drapeau said.

"You do not write a formal letter in a tribunal setting using the letterhead of the office you once occupied," said Drapeau. "It's a clear example of misrepresenting yourself."

The defence department says even though the letter predates the new guidance, it's now "collecting and reviewing information related to this specific matter to determine what actions may be required." 

Chapdelaine has declined to comment to CBC News, according to the defence department. He was also connected to the Fifth Estate's reporting about a complaint the military mishandled a case involving a former military chaplain.

Megan MacKenzie, professor and the Simon's Chair in International Law and Human Security at Simon Fraser University, said civilians tend to be very impressed by military accomplishments, giving character references from senior military leaders extra weight in court. She said such references have been shown to lead to lighter sentences.

"These letters can really sort of paint a picture of what I call the 'good guy syndrome'," said MacKenzie, who led an international study on sexual misconduct in militaries around the world.

"These references really can shift the attention away from the victim and focus on the apparent good nature or good character of the perpetrator."