The decision to grant a conditional discharge to Gen. Jonathan Vance after he pleaded guilty to obstruction of justice marks a “devastating” blow to the push for accountability for senior military leaders, says one expert.
In an interview with The West Block‘s Mercedes Stephenson, Megan MacKenzie of Simon Fraser University said the way the plea was handled in court and the decision not to leave Vance with a criminal record speaks to longstanding cultural challenges that remain in the civilian justice system.
“It’s already very difficult for victims to come forward. It’s so personal. It’s difficult for their lives. There’s nothing for them to gain other than a sense of justice,” said MacKenzie, who holds the Simons Chair in International Law and Human Security, and specializes in the study of military culture.
“So for them to see a case like this result, essentially, in a pat on the back and accolades rather than a criminal conviction, I think is really discouraging.”
During the plea hearing, the defence repeatedly emphasized Vance’s record of military service while Justice Robert Wadden described him as a “man of good character” who still had “much to contribute.”
“I don’t feel that it’s necessary to burden you with a criminal conviction,” Wadden said in granting the discharge on Wednesday.
Six letters of reference in support of Vance’s character were read out in court.
The victim impact statement was not.
MacKenzie said the need for military leaders to consider stripping Vance of his honours, such as the prestigious Order of Military Merit, holds higher importance in light of the discharge.
“Simply moving military cases into the civilian system isn’t going to be a silver bullet,” she said. “We still have broader cultural issues.
“So I do think removing someone’s honours and all of the access and benefits that they get from that is at least something in the face of a total failure of holding someone accountable in terms of justice.”
Under the terms of the discharge, which the judge granted, Vance must complete 80 hours of community service and cannot communicate with Maj. Kellie Brennan, who identified herself as one of the women behind the allegations in an interview with The West Block on Feb. 21, 2021.
Vance can only communicate with Brennan through legal counsel on matters pertaining to family court. Vance and Brennan share a child, and Sellar told the court that Vance has been making child support payments to Brennan.