Ottawa, Ontario, May 21, 2024 – Lieutenant General Steven J. Whelan filed a $10 million lawsuit in the Federal Court of Canada. The Defendant include His Majesty King in Right of Canada, Jody Thomas, former Deputy Minister of Defence, the Chief of Defence Staff, the Vice Chief of Defence Staff, the Director of Military Prosecutions, the Canadian Forces Provost Martial, negligent police officers, and the complainant accused of seeking financial gain by providing false information to investigators.
The lawsuit alleges:
- Malicious prosecution,
- Negligent investigation,
- Abuse of trust,
- Defamation,
- and other torts.
Lt. Gen. Whelan’s lawsuit argues that his life, career, and reputation were irreparably harmed by a government and leadership structure that exploited the military for social policy purposes, disregarding the rights of brave Canadians who have served the country for decades.
The lawsuit stems from a historical accusation made against the General by a complainant shortly before her release from the Canadian Armed Forces (CAF). The accusation, leaked to the media while still under investigation, had devastating consequences for Lt. Gen. Whelan’s personal and professional life.
The public disclosure of the allegation led the government and CAF leadership to sacrifice Lt. Gen. Whelan to satisfy media demands. Despite never being charged with sexual assault or sexual misconduct, he was forced to face charges under the National Defence Act, section 129, for conduct to the prejudice of good order and discipline, resulting in a highly publicized and unnecessary court-martial.
The court-martial, extensively covered by national media, ended with all charges being withdrawn following the complainant’s testimony. This withdrawal occurred just minutes before she was due to be cross-examined and days before the scheduled testimonies of the Chief of Defence Staff, Wayne Eyre, and the Vice Chief of Defence Staff.
Phillip Millar, LGen. Whelan’s lawyer stated:
“The government put their interests ahead of the administration of justice, assuming they could easily overpower another General unwilling to resist. LGen. Whelan is determined to confront the behind-the-scenes forces damaging the CAF’s operational effectiveness and morale by exposing the failings in the Military Justice System.” The Statement of Claim is available for download on our website at www.millarslaw.com.
See Statement of Claim Here
About Millars Lawyers:
We are a firm of Trial lawyers dedicated to taking on bullies and opposing powerful organizations that harm citizens.
About Phillip Millar:
Phillip Millar is the Founder and former Combat Arms Officer who served the nation for over a decade, became a prosecutor, and opened up his boutique litigation firm. The firm operates on special forces principles of asymmetric strategic thinking, flexibility, and courage under fire. You can follow Phillip on X (@PhillipMillar), Instagram (theroguelawyer_) and Youtube (@millarslaw)
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Contact Information:
Elaine Heffernan
Law Clerk to Phillip Millar
elaine@millarslaw.com
519-657-1529
Millars Lawyers PC
1886 Oxford St West, Unit 301
London, Ontario
N6K0J8
