CAF's Unprecedented Punitive Move: LGen. Steven Whelan Files for Injunction Against Politically Motivated "5F" Release

OTTAWA, ON, Feb. 12, 2025 /CNW/ - In an extraordinary and punitive maneuver, the Canadian Armed Forces (CAF) has classified former Chief of Military Personnel, Lieutenant-General (LGen) Steven Whelan, as "Unsuitable for Further Service" under the highly controversial "5F" release classification. In response, LGen Whelan has filed an urgent motion in Federal Court seeking an injunction to halt his release, arguing that the decision is retaliatory and politically motivated, especially given that his court matters and ongoing military police investigations remain unresolved.

The release decision follows a failed court martial, where charges against LGen Whelan were abruptly withdrawn, effectively terminating the proceedings before key witnesses, including the Chief of Defence Staff (CDS) and Vice Chief of Defence Staff (VCDS), could testify. Despite successfully defending himself against the allegations and believing he had cleared his name, LGen Whelan is now the only senior officer to face such a punitive administrative measure.

"This decision is an act of retribution, pure and simple," said LGen Whelan. "CAF leaders must answer for their actions—under oath, on the record, and fully accountable in court."

A Political and Career Death Sentence

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 LGen Whelan's reputation, career, and financial stability, stripping him of earned benefits and tarnishing a distinguished military service record spanning nearly four decades. This unprecedented use of a 5F release against a high-ranking officer may set a dangerous precedent for military accountability and due process.

A System in Crisis

This case unfolds against a backdrop of misconduct within the Military Police and senior command, as highlighted in a recent Ontario Superior Court ruling by Justice Cynthia Peterson, which found evidence of "systemic failures" in the military justice system.

In May 2024, LGen Whelan filed a Statement of Claim against senior military and government officials, including former CDS Gen. Wayne Eyre, current CDS Gen. Jennie Carignan, and Deputy Minister Jody Thomas. The lawsuit alleges abuse of power,  military police negligence, prosecutorial misconduct, negligent investigation, and malicious prosecution.

In October 2024, LGen Whelan filed a formal complaint with the Military Police Complaints Commission (MPCC), citing bias, evidence suppression, and cover-ups by both the Canadian Forces Provost Marshal (CFPM) and the Canadian Forces National Investigation Service (CFNIS). Both agencies are now under investigation.

"The CAF and its political overseers are weaponizing a 5F release to destroy a decorated leader through administrative channels after they failed in prosecutorial ones." said Phillip Millar, legal counsel for LGen Whelan.

Seeking Judicial Intervention

LGen Whelan's court motion calls for an immediate stay of his 5F release, pending the outcomes of the MPCC investigation and his civil lawsuit. He is also demanding that the CAF reconsider its position in favour of a fair and justified 3B medical release, which would reflect both his longstanding service and documented medical needs..

SOURCE Millars Law

Media Contact: Phillip Millar, Millars Lawyers, [email protected], 519-852-7407