Navy hits MP Kevin Vuong with a service offence charge for failing to disclose 2019 arrest

After an investigation lasting more than five months, the Royal Canadian Navy has charged Sub-Lt. Kevin Vuong — a naval reservist and member of Parliament — for failing to disclose that he was criminally charged with sexual assault in 2019.

The sex assault charge was later dropped and Vuong has denied any wrongdoing.

The military requires all members to notify their chain of command if they've been arrested by civilian police. The Department of National Defence said it learned about Vuong's case from news reports.

The navy confirmed to CBC News that it laid a service offence charge against Vuong on Feb. 25 under a section of the National Defence Act that deals with conduct undermining good order and discipline.

"If found guilty at trial, the scale of punishment could be from a fine to a reprimand (or a combination of both) or dismissal with disgrace," wrote navy spokesperson Jennifer St. Germain in a media statement.

Vuong, 32, is still a member of the reserve force at HMCS York in addition to his duties as an Independent MP for the downtown Toronto riding of Spadina-Fort York. MPs are allowed to serve as reservists under House of Commons rules.

In an email to CBC News, Vuong said he has been "long aware of the possibility of a charge" and will continue to cooperate fully with navy officials through his lawyer. He declined CBC's request for an interview. 

"Given that this matter is now proceeding through the military justice system, I will refrain from making public comments," Vuong wrote. "I also hope this case will be resolved soon to the satisfaction of all parties involved. In the meantime, I wish to assure you that I will continue to serve my constituents of Spadina—Fort York to the best of my ability."

Vuong has held prestigious appointments during his time in the military. NATO's Sec. Gen. Jens Stoltenberg appointed Vuong last year as Canada's first and only young leader to give advice to the alliance for its 2030 initiative. Vuong also wore his white naval uniform when he received a leadership award from the Queen at Buckingham Palace in 2017.

The navy said Vuong hasn't decided yet how he'll have his case dealt with by the military justice system.

Vuong can choose to proceed with a summary trial, which is reserved for less serious offences and is a less formal process handled at the unit level without legal representation. Vuong could also opt for a court martial process which would involve a public trial, the navy said.

The office for the Speaker of the House of Commons said "there is no immunity from criminal or military charges" for members of Parliament. CBC News has also asked if Vuong notified the House of Commons about the military charge and if the matter is under review.

"The House has the authority over the discipline of its Members," said the Speaker's office director of communications Heather Bradley in a statement.

The Toronto Star first reported in Sept. 2021 that Vuong failed to disclose the dropped sexual assault charge to the Liberal Party when he was vetted to run as an MP. When the story broke, Vuong was on a pause from service with the navy from mid Aug. to Oct, 2021 while he campaigned in the federal election.