ARCHIVED - Charges laid - assault, uttering threats, using provoking speech and conduct to the prejudice of good order and discipline

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News Release / May 5, 1999 / Project number: CFPM-99.030

OTTAWA - On May 3, the Canadian Forces National Investigation Service (CFNIS) laid charges of assault, uttering threats, using provoking speech and conduct to the prejudice of good order and discipline against a former petty-officer second class of HMCS MONTCALM, a naval reserve unit located in Quebec City. The charge results from an incident, which allegedly occurred in Halifax in June 1998 during the Nova Scotia International Tattoo. The former member allegedly grabbed a woman and used threatening language against a man who tried to intervene. Both the man and woman were members of HMCS MONTCALM.

The individual is charged with two counts under section 130 and with one count each under sections 86 (using provoking speeches) and 129 (conduct to the prejudice of good order and discipline) of the National Defence Act. Section 130 refers to a breach of other federal statutes, in this case sections 264.1 (criminal harassment) and 266 (Assault) of the Criminal Code of Canada.

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When the CFNIS lays charges, names can be released only if these charges are laid in civilian courts. This is done by way of an information sworn before a judicial official and filed as a court document. In the case of charges laid in the military system, charges are not laid under oath before a judicial official, nor are charge reports filed as public court records. As such, names of individuals charged under the National Defence Act is information covered by the Privacy Act, and can not be released to the public unless the Privacy Commission Office gives specific authorization.

Contact person: Capt Alain Bissonnette, Canadian Forces Provost Marshal Spokesperson

(613) 945-7298 (613) 780-0331 (pager – after hours)

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