Admiral Art McDonald won't immediately return to his job leading the military, Sajjan says

Admiral Art McDonald has said he plans to returnto his position as chief of the defence staff after a five-month investigation into allegations of sexual misconduct ended with no criminal charges against him but Defence Minister Harjit Sajjansaid todaythe government has no immediateplans to put him back on the job.

McDonald stepped asidein January after only a month in the top job. CBC News has reported McDonald faced allegations linked to a female crew member and an incident aboard thewarship HMCS Montreal a decade ago, during a northern exercise known as Operation Nanook.

"Now that he has been exonerated, it is appropriate for Admiral Art McDonald to return to his duties as [chief of defence staff]," his counsel Michael Edelson and Rory Fowler wrotein a media statement released today.

"Given thatit was his decision to step aside, it is now his decision indeed, obligation to return to his duties."

Today's statement marked the first time McDonald has commented publiclyon his case. His statement comes five days after the military said it hadconcluded an investigation into sexual misconduct allegations against McDonald and that charges would not be laid.

Sajjantold reporters today that his "expectation" is that "Admiral McDonald will remain on leave while we review this situation."

"The position of chief of defence staff must always uphold the highest standard within the Canadian armed forces," he added.

WATCH: Defence Minister Harjit Sajjan addresses Admiral Art McDonald's futurewith the military:

Sajjan: "Admiral McDonald will remain on leave"

3 years ago

Duration 0:58

Defence minister counters Admiral Art McDonald's claim today that he should return to head the military

SajjansaidthatCanada and its military are "very well served" by acting chief of thedefence staffLt.-Gen. Wayne Eyre.

Government deciding on next steps

In a statement issuedFriday night, the Canadian Forces Provost Marshal who advises thechief of the defence staff on policing matters saidthat the Canadian Forces National Investigative Service interviewed "a large number of potential witnesses" and the evidence "did not support the laying of any charges."

When asked if McDonald would be replaced as chief of the defence staff, the Privy Council Office (PCO) said "our expectation is that Admiral McDonald will remain on leave, while the matter is fully reviewed."

The position of chief of the defence staff is a governor-in-council appointment meaning the prime minister can dismiss the chief at any time.

According to the government's ethics policy, "public office holders have an obligation to perform their official duties in a manner that will bear the closest public scrutiny, an obligation that is not fully discharged by simply acting within the law," said PCO.

McDonald'slawyers said it was his decision to step aside. They said he stayed quiet in publicand did "everything in his power to support and enable a fair process" while the allegation was investigated.

McDonald's legal team said he was selected for the job of chief of the defence stafffollowing "the most rigorous process ever concluded," including psychometric screeningand polygraph testing for inappropriate behaviour.

Critics say McDonaldno longer fit to lead the military

Despite the decision of investigators to not pursue any charges, some militaryveterans say McDonald has proven himself unfit to lead the military as it grapples with a wider sexual misconduct crisis.

"It really didn't seem to meto respect the the current climate in the armed forces,"said Leah West of McDonald's response to the findings.

WATCH | Admiral Art McDonald won't return to military role just yet, says government:

Admiral Art McDonald wont return to leading military yet, government says

3 years ago

Duration 2:04

Admiral Art McDonald wants to step back into the role of Canadas chief of the defence staff after an investigation into an allegation of sexual misconduct yielded no charges, but the government says its not happening yet.

West served as an armoured officer for a decadeand is now an assistant professor of international affairs at Carleton University. She saysshe was raped by a senior officer in 2008 and that the military tried to brush aside the assault.

"It was very defiant, very defensive, and to me did not reflect someone who understands what it's going to take to be a leader of the Canadian forces."

Lt.-Col. Eleanor Taylor who resigned in March as reports of sexual misconduct began piling up expressed her support for Lt. Heather MacDonald, who Global News has identified as the person at the centre of the McDonald investigation.

She tweeted that Canada needs a chief of the defence staff with "moral authority."

Military still not referring sexual assault investigations to police

McDonald replaced retired Gen. Jonathan Vance, who was also under investigation over allegations of inappropriate behaviour with subordinates and now faces a charge of obstruction of justice. Vance denies the allegations.

Vance is due in provincial court on Sept. 17.

The Liberal government has been accused by opposition parties of not doing enough to tackle the misconduct crisis.

CBC News reported yesterday the military has yet tohand over a single sexual assault investigation to civilian police. The movegoes against a key recommendation of retired Supreme Court justice Morris Fish's report in June, which urged the military to surrender control of sexual misconductcasesto civilian authorities until it reformsthe way it deals with victims' rights. The Liberal government said it accepts the report's recommendations in principle and will act quickly.

But the Canadian Armed Forces recently rejected retired military memberStphanieViau's request to ask theRCMP to investigate her rape allegation against Vice-Admiral Haydn Edmundson. The former head of the military's HR is on leave with pay and said he denies the allegation.

The military has yet to say if it will consider taking administrative action against McDonald in lieu of criminal charges.