Top military officer Steven Whelan fights discharge in Federal Court
The former head of the Canadian military’s personnel branch, who had been accused of misconduct but had charges withdrawn, has been told he’s being kicked out of the Armed Forces.
The lawyers for Lt.-Gen. Steve Whelan called it an “extraordinary and punitive manoeuvre” on the part of the military and filed an urgent motion in Federal Court to block his release.
He will be let go from the military on March 6, 2025, under a provision known under defence regulations as a 5F — Unsuitable for Further Service.
“This decision is an act of retribution, pure and simple,” Whelan said in a statement.
“The [Canadian Armed Forces] leaders must answer for their actions — under oath, on the record and fully accountable in court.”
His lawyer, Phillip Millar, said the 5F release classification is typically reserved for individuals convicted of serious offences or deemed irredeemable by the military.
Such a designation would irreparably damage Whelan’s reputation, career and financial stability, stripping him of earned benefits and tarnishing a distinguished military service record spanning nearly four decades, Millar added.
The statement of claim filed in Federal Court on Tuesday said the notion that Whelan deserved to be released in such a manner was never established because his court martial did not proceed, say court records.
Whelan should more properly be given a medical release because he’s currently undergoing treatment for injuries sustained in the line of duty, the statement of claim said.
The court records did not say what his condition was.
The document also accused the military of trying to underhandedly smear the former head of the military personnel command.
“The ongoing pattern of leaked information about the applicant’s case has exacerbated reputational harm, further underscoring the need for immediate court intervention to prevent irreversible damage,” said the statement of claim.
“Judicial oversight is the only mechanism available to ensure fairness, uphold natural justice and restore public confidence in Canada’s military institutions.”
The Department of National Defence was asked for comment early Wednesday but did not respond.
Last year, Whelan launched a lawsuit against his accuser, the federal government, Canada’s former top soldier and other military officials for $10 million in damages.
Whelan was accused by military prosecutors of giving a female military member a better score on her performance evaluation report in 2011 to stop her from reporting “flirtatious” emails he sent her.
He pleaded not guilty to the charges against him and had been slated to face court martial.
But military prosecutors abruptly withdrew the service offence charges against Whelan in 2023.
At the time, his lawyer said his client made “a mistake” by engaging in a “personal relationship” with a subordinate, but nothing sexual happened between them.