A Sudbury woman, a survivor of domestic abuse, is suing the Canadian Armed Forces, claiming the Forces’ training of soldiers does not teach them not to use hand-to-hand combat skills in domestic situations.
Mandy Easter’s suit also names her former common law spouse, Dominic Shale Alexander, a soldier at the time of the abuse. It claims her abuse at his hands was exacerbated by the military’s negligence in investigating her complaint of spousal abuse when the couple lived on CAF Base Petawawa, Ont.
The case is to head to trial in a federal court on April 29, 2024.
The allegations in the statement of claim have not been proven in court.
Easter is seeking about $8.25 million in damages for assault, breach of her right to security of the person under the Canadian Charter of Rights and Freedoms and breach of a duty of care from Alexander and the Canadian Armed Forces for incidents occurring between 2004 and 2006.
Easter says the military’s failure to respond to her complaint was an “abysmal failure.”
Andrée-Anne Poulin, media relations for the Department of National Defense, said the “Department of National Defence and the Canadian Armed Forces take all misconduct allegations seriously. Misconduct of any type is inconsistent with the values and ethics of the defence team and will not be tolerated.
“With respect to this particular litigation, Canada’s position will be provided to the court over the course of the trial,” said Poulin in an emailed statement.
Easter’s statement of claim alleges that physical abuse, sexual harassment and gender-based discrimination in the Canadian Armed Forces begins at training and that there are are no measures in place to ensure the training is not “taken home” and acted out on partners.
Her claim also argues leadership in the Canadian Armed Forces tolerates and encourages discrimination and abuse against female partners of enlisted men. The issue of tolerance and negligence in the Canadian Armed Forces toward domestic abuse is a “systemic and pervasive problem that has long victimized partners of military personnel,” according to her claim.
“The leadership of the [Canadian Armed Forces] promotes and values a militarized hyper masculinity, in which men are viewed as fighters and warriors,” the statement of claim says.
‘Tolerance for violence’
Toronto-based law firm Gaertner Baron Professional Corporation is representing Easter.
Arie Gaertner, a partner at the firm, said, “The issue of violence against intimate partners and enlisted soldiers… has plagued the Canadian Armed Forces and has been written about extensively for decades.
“This is a case that is now trying to address this problem.”
The claim asks that Easter, who is a “victim of this issue,” be “properly compensated for what we say is the responsibility of the Armed Forces,” said Gaertner.
Karen J. Sanchez, another litigator representing the case at the firm, said to their knowledge “there are currently no reported cases in Canada wherein a claim like this has been decided by a court.”
Easter alleges the bulk of the domestic abuse occurred between 2005 and 2006 while the couple lived together at Canadian Armed Forces Base Petawawa, where Alexander was serving. The couple had dated for a few years before this point and had known each other for longer, when Alexander lived with Easter’s brother, she said.
At the army base where the common law couple lived, Easter said there was a “tolerance for violence” among military personnel.
Enlisted men “talked about raping women openly, saying ‘A woman didn’t want it so I squeezed my way in there like a little weasel’,” said Easter. “I’ve heard stuff that I’m just like, ‘I can’t believe this’.”
The statement of claim says the sexualized and violent culture begins at military training and is partly created by the “frequent use of highly degrading expressions that reference women’s bodies” and “discriminatory comments with respect to the abilities and value of women.”
In late 2005 or early 2006, the Ontario Provincial Police charged Alexander with several counts of assault and forcible confinement after they witnessed him attempting to put Easter, in military handcuffs, into the trunk of his car on the side of the road. Alexander pleaded guilty to the charges, the statement of claim says.
The claim also states the Canadian Armed Forces paid “lip service” to certain principles about family violence. Some of those principles are that “family violence is not acceptable behaviour within the CAF” and that the “CAF leadership must play an active role in the prevention of family violence.”
Easter’s claim alleges “the [Canadian Armed Forces] failed to abide by its core principles and effectively abandoned the plaintiff and left her at the mercy of Dominic.”
There have been far too many stories like this. If CAF means more than to pay lip service “family violence is not acceptable behaviour within the CAF” and that the “CAF leadership must play an active role in the prevention of family violence.”, then it should open itself up to an investigative inquiry. Being a public funded institution that houses its members should mean public accountability. Lack of accountability is bad enough for the broad spectrum of government shortcomings. When it is a matter violence, in a government environment where the public is funding alleged criminal behavior, there is an absolute imperative to get to the bottom of the allegations. I suspect with the amount of times we see reflections of this, there is ample evidence for such an inquiry. There should be teeth to it as well that compells CAF to ongoing reviews and implementation of training briefs that deal specifically with domestic violence and rape committed by soldiers both on and off bases.
The country’s soldiers should reflect the best amoung us, not the worst!
Gaertner Baron is gonna win this case and get the best remedy possible for their client; Arie and Karen are the best in the game.