

by John Helmer, Moscow
@bears_with
A new press release in Ottawa reports that the court martial announced for Canadian Armed Forces (CAF) Colonel Robert Kearney for his disagreement with Canadian, American, and British military planners of Ukrainian battlefield operations against Russia may not proceed.
The Canadian government news slip reveals the allegations of disloyalty against Kearney announced publicly last month are now likely to be abandoned.
On April 29 a CAF press release was issued in Ottawa claiming that as a senior planning officer based in the UK and in Romania for Ukraine war operations, Kearney had made “derogatory and disloyal comments about Senior CAF [Canadian] and NATO [US, UK] members. The first offence allegedly occurred in December of 2021 and four subsequent offences ranged from January 2023 to November 2023. The offences are alleged to have taken place in the United Kingdom and in Romania.”
Kearney was at the time of his “disloyal comments” the assistant chief of staff at the Allied Rapid Reaction Corps (ARRC) in Innsworth, United Kingdom. In this role, Kearney supervised more than 400 staff officers from the armies of the UK, US, Canada, Italy, Denmark, and other NATO states.
ARRC and NATO press releases claim Kearney’s unit has been operating against Russia in Estonia and in Romania “in its primary role as a war fighting Corps Headquarters.”
Under Section 129 of Canada’s Defence Act – the provision of military law reportedly being applied against Kearney — prosecution of soldiers is allowed for an undefined “act, conduct, disorder, or neglect to the prejudice of discipline”. The penalty for conviction is “dismissal with disgrace”, which includes loss of pension. This law has not been tested — no officer of Kearney’s rank has been charged and prosecuted for a Section 129 offence in a court martial before.
Canadian military sources believe Kearney is being threatened with court martial now because the Canadian government’s policy to finance, arm, train, plan, and direct Ukrainian operations against Russia is being defeated; and that the military collapse east of Kiev now risks loss of more territory and the lives of Canadians currently working in the Ukraine and at cross-border bases in Poland and Romania.
At least one thousand Canadians have been counted by the Russian Defense Ministry on the battlefield since the start of the Special Military Operation; by March of this year, 422 had been confirmed killed in action.
Loss of confidence in the Ukraine war has become increasingly public in the military staffs of the US, France and Germany, but this is being kept secret in the UK and Canada.
On May 15, a new Canadian government press release was issued acknowledging that, in fact, no charges have been filed against Kearney, and that the “military [have] yet to decide on court martial for the colonel accused of making derogatory comments about Canadian Forces leaders”.
The new press release, issued ten days ago in an email to an Ottawa journalist, reversed the meaning of the earlier government announcement. The new message divulges that Kearney has been accused by officers he had criticized for their professional incompetence, but he has not been charged with a military offence. “National Defence spokeswoman Andrée-Anne Poulin noted the charges against Kearney have now been referred to the Director of Military Prosecutions. ‘The prosecutor assigned to review the case will first complete the post-charge analysis,’ she explained in an email. If the prosecutor prefers charges, and once the counsel for the accused indicates they are ready to proceed, the case will be brought before the Chief Military Judge, at a scheduling conference.’ Once the dates for the trial have been identified, the court martial administrator will issue a convening order, and a summons to the accused, which will specify the date for the court martial, Poulin added.”
Canadian lawyers point out that the conditional “if” and “once” in this defence ministry statement are a new sign that the political costs of prosecuting Kearney have become too high to proceed against him.
A reporter named David Pugliese, who works for the Ottawa Citizen, has been the single source of the publicity against Kearney. According to his newspaper, Pugliese is “an award-winning journalist covering Canadian Forces and military issues in Canada.”
A veteran with service in Afghanistan believes there has been an official cover-up of what Kearney has told his superiors during the Ukraine operations planning process, including warnings from Kearney of the future risk of Canadian casualties and military equipment losses. The source notes that no Canadian reporter has followed up on Pugliese’s publications. “I’ve seen nothing [else] on the Kearney case. Pugliese has allowed himself to be used as a tool, not only against Kearney, but against anyone else in the CAF considering speaking out against stupid and dangerous war plans and operations.”
Another Canadian military source says the Kearney case shows how weak Canadian generals and politicians have become now, compared to their counterparts during World War II when Canadian General Harry Crerar successfully opposed British General Bernard Montgomery to claim Canadian control over Canadian military forces and resist sacrificing Canadian troops in operations Montgomery was planning against the Germans in 1944 which Crerar told Montgomery were foolhardy.*
Kearney’s supporters in the Canadian military are hoping that if the case against him collapses, he will sue Pugliese and the Ottawa Citizen for collaboration in defaming Kearney.
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