Canadian Armed Forces captain demoted for drunken comments wins appeal

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An army captain demoted from the rank of major for getting drunk and making “comments of a sexualized and homophobic nature” as well as racist remarks to four of his subordinates has won a chance to regain his title.

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Captain Evan Wiome, who commanded a squadron of the Royal Canadian Armoured Corps School at CFB Gagetown, got “voluntarily and severely intoxicated” for a June 8, 2023, mess dinner in Oromocto, N.B., that was attended by candidates on a training course. He then met up “with four subordinates, three of whom were in his direct chain of command,” according to a recent Federal Court decision.

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“He proceeded to make comments of a sexualized and homophobic nature. When the wife of a subordinate arrived to drive the course candidates downtown, Captain Wiome entered the vehicle and made racist and sexualized comments about the wife, alluded to sex tourism in a foreign country, and recounted stories of a sexualized nature. He also suggested that he would withhold course reports, depending on the candidates’ responses to his behaviour,” Justice Simon Fothergill wrote in a decision out of Ottawa.

Four charges under the Queen’s Regulations and Orders of undermining discipline, efficiency or morale were laid against Wiome on Nov. 10, 2023.

They all carry the same date as the drunken mess dinner. One was for making comments of a sexual nature, the second was for the racist comments directed towards foreigners, the third was for threatening to withhold course reports for an improper purpose, and the fourth was for urinating in public while in uniform.

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A summary discipline hearing conducted by Col. Michael John Reekie found that “on a balance of probabilities” the charges regarding the sexual and racist comments had been established.

The colonel “determined that Captain Wiome had made an honest and reasonable mistake of fact and found him not responsible” for threatening to withhold course reports.

Reekie “decided not to proceed” with the public urination charge “because the witness statements contained insufficient detail.”

The colonel “concluded that Captain Wiome’s conduct was inconsistent with that of a senior officer and contravened both the (Queen’s Regulations and Orders) and the Canadian Armed Forces Ethos: Trusted to Serve.”

Reekie reduced Wiome’s rank from major to captain, “the most severe sanction available following a summary hearing,” according to the Feb. 10 decision out of Federal Court.

In January 2024, Wiome requested a review of Reekie’s “decision on the ground that insufficient written reasons had been provided to justify the sanction. Captain Wiome also asserted that the reduction in his rank adversely affected his mental health, and infringed his right to security of the person,” said the recent Federal Court decision.

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He didn’t contest the colonel’s findings about the racist and sexualized comments, “but argued that the reduction of rank was excessive. He said that an appropriate and reasonable sanction should be limited to a reprimand, with or without a deprivation of pay for up to 14 days.”

On March 4, 2024, Brigadier General Steven Graham reviewed Reekie’s decision to demote Wiome and concluded that the sanction imposed was reasonable.

Wiome applied to the Federal Court for a review of Graham’s decision.

In response, Reekie “emphasized that three of Captain Wiome’s direct subordinates had expressed a loss of confidence in his ability to lead, and the only acceptable minimum sanction was therefore a reduction of rank.”

Graham “held that the sanction imposed upon Captain Wiome should remain unchanged.”

The brigadier general acknowledged that Reekie’s “reasons lacked detail and were brief, but found they were nevertheless reasonable.”

Graham “was not persuaded that Captain Wiome’s security of the person was breached by the imposition of the reduction in rank. While expressing sympathy for Captain Wiome’s mental health challenges, the (brigadier general) found there is no constitutionally guaranteed right to a military rank, and its loss could not give rise to a breach of … the Charter.”

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According to Fothergill, the Federal Court justice, “it is readily apparent that (Graham) did not engage in reasonableness review of (Reekie’s) decision. In addition to noting the brevity of the reasons provided by (Reekie), the (brigadier general observed in his decision that while the colonel) did not provide details for his chain of reasoning, it nevertheless indicates that he had turned his mind to a detailed analysis” of Wiome’s behaviour.

“A decision maker’s failure to articulate a coherent chain of reasoning is ordinarily fatal to an administrative decision that is subject to review against the standard of reasonableness,” Fothergill said.

Reekie “identified three mitigating factors that affected his choice of sanction. (Graham) confirmed these mitigating factors, but then identified aggravating factors that were never mentioned by the (colonel), specifically Captain Wiome’s position as a senior officer, the nature of the impugned conduct, and his excessive consumption of alcohol.”

Graham’s “analysis departed significantly from (Reekie’s) written reasons and supplemental submissions,” said the judge.

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“While (Reekie) found that Captain Wiome had not demonstrated remorse and maturity, (Graham) accepted that Captain Wiome had repeatedly acknowledged his wrongdoing. Confusingly, the (brigadier general) considered this to be an aggravating factor.”

The judge concluded that Graham “did not comply with the legislative and policy framework that prescribed the nature of the review he was required to undertake. His decision was internally inconsistent, and lacked the requisite degree of justification, intelligibility and transparency. It was therefore unreasonable.”

Fothergill allowed Wiome’s application for a judicial review and sent the captain’s case back to a different review authority “for redetermination.”

The judge also ordered the attorney general of Canada to pay Wiome’s “all-inclusive” court costs of $4,500.

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