Former military leader Haydn Edmundson found not guilty of sexual assault

Justice Matthew Webber read his decision to the court Monday, concluding that the Crown did not prove its case beyond a reasonable doubt.

He cited concerns with the complainant’s memory of what happened more than 30 years ago, and a lack of evidence to corroborate her account.

“There are just too many problems, and I’m not in the business of … declaring what happened. That’s not my job, you know, my job is to just decide whether or not guilt has been proven to the requisite standard, and it hasn’t,” Webber said.

Outside court, lawyer Brian Greenspan said his client was gratified by the “clear, decisive vindication of his steadfast position that he was not guilty of these false accusations.”

He also blasted the military for failing to reciprocate the loyalty Edmundson showed the institution throughout his 38-year career.

“Senior military leadership and the media rushed to judgment, assuming the truth of these allegations rather than upholding the presumption of innocence,” he said.

A tearful Viau told reporters outside court that the verdict was hard for her to hear but she found healing in the judicial process.

“I don’t regret bringing this complaint forward. I told the truth and I stand strong, knowing that all of this was not done in vain,” she said.

She said more work must happen before the military is considered a safe working environment and commended those who are doing that work.

During the trial, Viau testified that one of her responsibilities on the ship during the 1991 deployment was to wake officers for night watch and overnight duties, and that she woke Edmundson regularly.

She told the court that his behaviour during those wake-up calls became worse over time, and that one night she found him completely exposed on top of the sheets.

Viau said she “went berserk,” yelling at him and turning on the lights to wake the other officer sleeping in the top bunk.

That alleged incident was the basis for the indecent act charge.

Webber said he did not believe that Viau could have caused such a disruption on board a navy ship at night without notice from others.

“I conclude that (Viau’s) overall evidence on the allegation that Mr. Edmundson did progressively expose himself to her as being far too compromised to approach proof of those allegations that she has made,” he said in his decision.

Viau alleged that the sexual assault happened a couple of days later.

On the stand, Edmundson denied that any contact happened.

A key issue at trial was the credibility of the Crown’s corroborating witness.

The woman, whose name is protected by a court-ordered publication ban, did an interview with CBC News in 2021 as part of a story about Viau’s allegations.

But at trial, Greenspan produced a transcript of that interview that he said shows the reporter provided the witness with corroborating details.

In his decision, Webber said the woman’s evidence “cannot be relied upon in any respect to corroborate that evidence of the complainant, because it’s clearly a tainted recollection, doesn’t represent a real memory.”

Edmundson stepped down from his position as head of military personnel after the accusation against him was made public in 2021.

He testified that in February 2022, he was directed by the chief of the defence staff to retire from the Armed Forces.

Edmundson was one of several senior military leaders accused of sexual misconduct in early 2021.

The crisis led to an external review by former Supreme Court justice Louise Arbour in May 2022, whose report called for sweeping changes to reform the toxic culture of the Armed Forces.

Gen. Jennie Carignan served as chief of professional conduct and culture, a role created to execute proposed reforms recommended in the Arbour report, before she was promoted as chief of the defence staff in July.

Outside court on Monday, Viau’s lawyer Emilie Taman said she was surprised the judge rejected Viau’s testimony that the culture in the navy in 1991 was hostile to women.

“He preferred the evidence of senior officers, whose experience surely would have been very different, and used that to undermine her credibility in a way that just really doesn’t accord with what we’ve come to know about the culture in the Forces,” she said.

Defence Minister Bill Blair said the government is committed to the reforms laid out in the Arbour report and to supporting Viau, whom he called a survivor.

“My concern is in making sure that we provide the appropriate supports for her now,” he told reporters on Parliament Hill.

“I can only imagine how traumatic the entire experience has been for her, including in the criminal justice system.”

Edmundson declined to comment Monday on whether he was considering legal action against the government or the military.

Two of the other former senior leaders who faced accusations of misconduct have sued.

Former major-general Dany Fortin, who was acquitted in 2022 of a sexual assault allegation that dated back to 1988, settled a lawsuit with the federal government for an undisclosed amount last year.

In May, Lt.-Gen. Steven Whelan filed a lawsuit against his accuser and the federal government. Whelan was charged with conduct to the prejudice of good order and discipline but the military prosecutors dropped the charges during a court martial last fall.

This report by The Canadian Press was first published Sept. 16, 2024.

Sarah Ritchie and Alessia Passafiume, The Canadian Press

by The Canadian Press

Former military leader Haydn Edmundson found not guilty of sexual assault

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