A Calgary court has granted a motion to dismiss a complaint by a former military counselor who says she was sexually harassed by a top officer in the province’s Armed Forces.
In a decision released late on Friday, Alberta Court of Queen’s Bench Justice Carol Cavanagh said the complainant had made a fair and reasonable request for a review of her sexual misconduct complaint against Brigadier General Mark J. Glynn.
In December, the military had already completed an investigation into allegations of sexual harassment and assault made against Glynn and his wife, Lieutenant Colonel Deborah A. Glynne, by two former staff members.
Glamour magazine published a story in April 2017 about allegations of inappropriate behaviour in the military.
The magazine had interviewed three former staff, all women, and said the women all had reported sexual misconduct to senior officers.
Glyne was appointed in 2012 by then-prime minister Stephen Harper as an adviser to the defence minister, but he was dismissed from the job in 2014, citing poor performance.
In 2017, a second former staff member, Brigadier Col. Heather Friesen, said she was harassed by Glynn when she was in command of the Special Forces and she filed a complaint against him.
The complaint was settled in January 2017, with the Canadian Armed Forces agreeing to a non-disclosure agreement and a $250,000 settlement.
Gennan said in his complaint to Cavanaghes that he was harassed in 2011 by Glynen while on leave from the Special Operations Command.
The defence counsel said Glynn had made unwelcome sexual advances towards her while on the base, including touching her breast, while they were on leave.
In addition to sexual harassment, the complainant alleged Glynn made unwanted advances towards other staff members and asked them to take nude photos of him.
He alleged that in 2012, he had sexually assaulted her.
Cavanaguh said the complaint was “not without merit” but said it was “far too broad” to pursue.
She noted that the complainant also said she would “never forgive” Glynn, and that she had no other witnesses to corroborate her allegations.
“I do not accept that the allegations made by the complainant are in any way credible,” she wrote.
“The accused is entitled to an apology, the full support of the service, and a full investigation.”
The judge also said it would be difficult to make a fair determination on the merits of the complaint since there were “many outstanding issues of interest.”
“I would be reluctant to make an order of dismissal based on the complainant’s allegations,” she said.
“It is more likely that she would seek a court-ordered, non-discriminatory order.”
Cavanagin said that she was satisfied that “the complainant had done her best to seek redress” but that she could not decide whether the matter should be dismissed or referred to the tribunal.
She also noted that there were other allegations that “were more credible and could be taken to a tribunal”.
She added that the accused’s claims “were not supported by any facts”.