OTTAWA — Retired general Jonathan Vance, formerly chief of the defence staff, was sentenced to 80 hours of community service after pleading guilty on Wednesday to one charge of obstruction of justice in a case that shook the foundations of Canada’s military.
Ontario Justice Robert Wadden delivered the sentence, which also includes 12 months of probation, during a virtual court appearance in which the former Canadian Armed Forces commander appeared by video.
"You've pled guilty before me to one count of obstruction of justice, and I find you guilty of that offence," Wadden told Vance before agreeing to a conditional discharge of the case, meaning Vance will not have a criminal record.
Wadden also ordered Vance to refrain from contacting Maj. Kellie Brennan, with whom he had what an agreed statement of facts filed in court described as a "long-standing intimate relationship" that started in 2001 and lasted until early 2021.
The statement of facts says Vance failed to disclose that relationship, which exposed him to the possibility of a charge under the National Defence Act. He then attempted to "discourage" her from revealing the full nature of their relationship to military police.
Wadden described Vance's action as a "serious offence," particularly given his position of authority as Canada's top military commander for more than five years.
"It is serious because it is breach of trust," he said. "It is serious because it impacts all Canadian society to see a commander of your stature behave in this manner. It is serious because it has personal impacts."
Yet the judge, in granting the conditional discharge, also said that Vance appeared to be "a man of good character" who had contributed to Canada's mission in Afghanistan and the Canadian Armed Forces during his career.
Wadden added he believed Vance, dressed in a suit and tie and wearing glasses, was still in a position to contribute to society.
Military police charged Vance with one count of obstruction of justice last July following a months-long investigation into allegations of sexual misconduct. The case was then sent to the civilian court system for trial.
Vance, who served as Canada’s chief of the defence staff from July 2015 to January 2021, making him one of the longest-tenured Canadian Armed Forces commanders in history, was not charged with any inappropriate sexual misconduct.
Vance’s relationship with Brennan first became public in February 2021 when Global News reported two separate allegations of sexual misconduct against him, only weeks after Vance stepped down as defence chief.
One of those involved a lewd email that Vance allegedly sent to a junior Armed Forces member in 2012, and which was raised with then-defence minister Harjit Sajjan by the military ombudsman in 2018. Vance has previously declined requests for comment from The Canadian Press, but Global News reported he denied wrongdoing.
The other involved his relationship with Brennan, which the statement of facts says started while they worked together in CFB Gagetown in New Brunswick in 2001 and continued until around the time he retired.
The statement says Vance "promoted a false narrative" by denying the extent of his sexual relationship with Brennan when Global contacted him for comment, and "encouraged Ms. Brennan to perpetuate his lie."
That included denying the two had sex while working together in Toronto and Ottawa.
The statement cites a series of recordings that Brennan made of their talks in early February 2021, including one where he is quoted as saying: “It would go a lot better for us if we were not having sex while being CDS.”
While the statement notes it is not illegal to lie to the media or encourage others to do so, it says Vance “asked if she’s willing to do as he’s suggested” as she prepared to meet with members of the Canadian Forces National Investigation Service.
“Mr. Vance’s efforts to discourage Ms. Brennan were ineffective,” the statement says. “She met with NIS investigators. … During her interview, she provided detailed information about her relationship with Jonathan Vance.”
A victim impact statement from Brennan also filed with the court said her goal was to keep her children safe and secure, and that she has since received emails from other military members who have experienced inappropriate sexual behaviour.
“I now question the motives of people who try to gain my trust,” it reads. “I no longer trust the military authority of obedience. I have lost my smile when I work.”
It also says Vance, with whom she had one child, emailed her within the last month. She added: “I thought I was healing but this brought back such harsh emotions, of fear, that I prefer never to see him contact me again.”
Vance's lawyer Rodney Sellar also said the retired general has been paying child support to Brennan.
In requesting a discharge, Sellar had argued to Wadden that his client entered a guilty plea at the earliest opportunity and had already suffered significant financial and reputational damage that will continue for the foreseeable future.
“Obviously defence spending is going to be greatly increased,” Sellar said at one point.
“A lifetime of very remunerating contracts and contacts that his international reputation and experience could provide to potential suitors to the Canadian military, those may well have been extinguished.”
This report by The Canadian Press was first published March 30, 2022.
Lee Berthiaume, The Canadian Press
