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News Release

FOR IMMEDIATE RELEASE

Military investigations must be more open, concludes Ombudsman André Marin

Ottawa, January 27, 2005―Any military inquiry investigating the death or serious injury of a CF member must be open and transparent in order to be credible, stated Mr. André Marin, DND/CF Ombudsman, as he released his special report entitled When a Soldier Falls: Reviewing the Response to MCpl Rick Wheeler's Accidental Death.

The Report reviews the botched investigations following the tragic death of a soldier during a training exercise and lists 34 recommendations, primarily relating to how the CF can improve the way it handles a member’s unexpected death or serious injury. Mr. Marin added, “Inquiries need to be transparent; they cannot operate in secrecy or run like covert operations. Previous military inquiries have been flawed by too much secrecy and poor investigative work.”

The CF has accepted in principle most of the systemic recommendations, agreeing to major reviews of the casualty administration and Board of Inquiry systems. The CF has rejected, however, giving the family of a dead or injured soldier the right to participate fully in the inquiry investigating the circumstances of the incident. “Instead, the CF will provide the President of the Board of Inquiry with the discretion to allow their attendance. This is unsatisfactory.” Mr. Marin stated.

Mr. Marin stressed that “family members must be kept in the loop; they cannot be treated like outsiders”. He added, “The way in which the military carries out these investigations is outdated and has not kept up with the modern accountability standards that society demands, and indeed, richly deserves. The current investigative approach to non-combat deaths or injuries is so seriously flawed that the results of investigations are rarely accepted at face value and almost inevitably lead to allegations of cover-ups. As a result, many incidents end up being investigated twice, causing undue delays and obviously incurring more costs.”

This Report re-investigates the many military investigations conducted over 12 years that stemmed from the tragic death of MCpl Rick Wheeler, who was run over by an armoured carrier during a training exercise in 1992. This investigation was initiated by complaints from the Wheeler family and LCol (retd) Lapeyre. The Wheelers, suspecting a cover-up, complained about their treatment and the lack of information provided by DND/CF. LCol (retd) Lapeyre, the former commander of MCpl Wheeler’s unit, felt he had been made a scapegoat. As both Mrs. Wheeler and LCol (retd) Lapeyre were both harmed by the actions or inactions of the CF, the Ombudsman has recommended that they receive profound apologies and reasonable compensation.

The entire report is posted online at www.ombudsman.forces.gc.ca.

Backgrounder Enclosed

For more information:

Barbara Theobalds
Director, Communications and Media Relations
Office of the Ombudsman, DND/CF
Tel: (613) 992-6962

Isabelle Rodier
Communications Project Manager
Office of the Ombudsman, DND/CF
Tel: (613) 995-8643

Backgrounder

When a Soldier Falls:
Reviewing the Response to MCpl Rick Wheeler's Accidental Death

Complainants
Mrs. Christina Wheeler, Master Corporal (MCpl) Rick Wheeler’s widow, and LCol (retd) Jay Lapeyre, MCpl Wheeler’s Commanding Officer at the time of the accident.

Recommendations
The 34 recommendations relate to how the CF can improve the way it handles a member’s unexpected death or serious injury. The report also recommends compensation for the complainants. The CF has accepted, in principle, most of the systemic recommendations, agreeing to two major reviews: the casualty administration and Board of Inquiry systems. However, it has expressed hesitation in providing full standing to family members in Boards of Inquiry and insists it cannot provide compensation without first receiving formal claims from the complainants.

KEY DATES

April 7, 1992

A training exercise was held at Canadian Forces Base Suffield in Alberta. During a simulated battle that used smoke pots and thunder flashes, MCpl Wheeler was run over by an armoured personnel carrier.
Mrs. Christina Wheeler’s notification was a day-long ordeal. She was told by telephone that there had been an accident and that a chaplain was en route. The chaplain arrived 45 minutes later and told her of her husband’s death, but had few other details. She was then left alone for hours before her Assisting Officer arrived.
The botched post-accident investigation began. Key evidence, including the scene, was not preserved and the witnesses were not segregated, thus compromising potential evidence and preventing a professional accident reconstruction from being done.

April 8, 1992—LCol (retd) Lapeyre (Commanding Officer) decided to conduct a Summary Investigation into the incident. It concluded in part that MCpl Wheeler bore partial responsibility for his own death. When Mrs. Wheeler learned of the report’s conclusions, she went to the press. Over the next decade, she would face numerous obstacles in attempting to obtain information.

August 15, 1997—A Board of Inquiry (BOI) was convened.

October 31, 1997—Mrs. Wheeler received a summary of the Board’s findings, exonerating her husband. The Board found LCol (retd) Lapeyre and the Chief Controller indirectly responsible for the death of MCpl Wheeler, based on two findings that ultimately proved to be wrong.

November 1997—Although the Reviewing Authorities noted numerous deficiencies in the Board’s report, they only removed the finding of “indirect responsibility”.

March 18, 1998—Although the finding of “indirect responsibility” had been removed by the Reviewing Authorities, a “letter of displeasure” was nonetheless sent to LCol (retd) Lapeyre, which summarized the findings of the Board. It also indicated that LCol (retd) Lapeyre’s name and a statement that he had erred in his supervisory duties would be publicly released with the BOI’s findings.

March 20, 1998—LCol (retd) Lapeyre challenged the report’s conclusions and asked for a delay in its public release; his request, however, was denied.

April 3, 1998—A CF media release reported the BOI’s findings without naming LCol (retd) Lapeyre, describing only his office; however, he was quickly identified as the party involved. It was also made public that displeasure had been expressed over his conduct in connection with the accident. The reputation of LCol (retd) Lapeyre was thus damaged.

May 3, 2002—An Administrative Review Board (ARB) was convened to examine the findings and recommendations of the Board of Inquiry.

January 28, 2003—The ARB provided its report to the chain of command.

September 4, 2003—The Chief of the Defence Staff approved the ARB’s findings and instructed that the Board of Inquiry’s findings be amended.

November 20, 2003—The Commander of Land Forces Western Area met with Mrs. Wheeler and family to advise them of the ARB’s findings.

September 20, 2004—The Ombudsman’s Interim Report was provided to the chain of command, the complainants and other interested parties for comment.

December 20, 2004—The Ombudsman’s Final Report was provided to the Minister of National Defence.

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