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INDEPTH: FRIENDLY FIRE
The Board of Inquiry
CBC News Online | Updated October 22, 2003
In May 2002, Gen. (Ret.) Maurice Baril made public his interim report on the bombing of Canadian soldiers in Afghanistan.
The three-page interim report shed no new light on the April 18 "friendly fire" incident in which a U.S. fighter jet dropped a
laser-guided 220-kilogram bomb on Canadian soldiers, killing four of them and wounding eight.
The board gathered evidence and spoke with soldiers, but Baril didn't reveal much of what he had learned, citing the
classified nature of much of the information, and the fact that multiple investigations are ongoing.
"Until we are certain that all the facts are available and analysed, you will understand that final conclusions
cannot be drawn," he said. "Many details are and must remain classified …"
The board's final report is due June 21, and Baril said by then he would be able to explain what happened
the night four Canadians were killed by an American bomb.
Parallel Investigations
Both American and Canadian military officials are investigating the cause of the "friendly fire" incident. In all, four parallel investigations are taking place.
The members of the panel are:
- Gen. (Ret.) Maurice Baril
- Col. Mark Hodgson
- Col. Gregory Matte
- Chief Warrant Officer Denis Levesque
According to an article on the Dept. of Defence Web site, after the inquiry the board will make recommendations on:
- the conduct of live-fire exercises during international operations
- co-ordination between the ground and air forces
- co-ordination of communications between allied countries
- the safety procedures to be used
- measures to prevent similar events in the future
Brig.-Gen. Marc Dumais was originally a member of the board of inquiry, but gave up his seat to co-chair a U.S. panel investigating the bombing. Dumais continue to serve as a special advisor to the Canadian board. The U.S. investigation is expected to be complete in 30 to 60 days.
Their investigations will be complemented by two military police investigations, in Canada performed by the recently formed Canadian Forces National Investigation Service, and in the U.S.
Boards of Inquiry
Military boards of inquiry are called to formally investigate accidents, misconduct or other problems within the Canadian Forces.
The minister of defence, the chief of defence staff or a commanding officer can order a board of inquiry, according to the National Defence Act, "on any matter connected with the government, discipline, administration or functions of the Canadian Forces or affecting any officer or non-commissioned member."
When the formality of an inquiry isn't required, military officials can call a summary investigation.
However, an inquiry must be called to investigate a death or serious injury in an aircraft or, according to the Canadian Forces Administrative Orders, "matters of unusual significance or complexity."
Boards of inquiry have the authority to summon a person to give evidence under oath. The boards can also compel a person to testify even if their answers may incriminate that person. Protection against self-incrimination is normally a right under the Charter.
Previous boards of inquiry
This is not the first time members of the Princess Patricia's Canadian Light Infantry have been killed in live-fire training. In March 1995, Cpl. Neil MacKinnon was killed at Canadian Forces Base Suffield, Alberta, during a training exercise.
Cpl. MacKinnon was preparing to throw a live grenade while other soldiers were laying down cover fire. A stray bullet stuck MacKinnon in the head and his grenade exploded, killing him.
In the board of inquiry and courts-martial that followed, the company commander, Maj. David Hirter, was found guilty of three count of negligence and one of unbecoming conduct. He was demoted to captain. Two enlisted men assigned as safety officers for the exercise were found not guilty of negligence.
The actions of members of the Airborne Regiment in Somalia in 1992 were the subject of a military board of inquiry in 1996. This board eventually became part of a larger commission of inquiry, which resulted in the disbanding of the regiment.
In July 1997, a board of inquiry was announced to investigate allegations against members of a battle group, called CANBAT 2, stationed at the Bakovici Hospital in Bosnia Herzegovina. The allegations included sexual misconduct, alcohol abuse and black market activities in 1993 and 1994.
The inquiry resulted in "appropriate administrative action" in the form of "career action" against 22 soldiers in the battle group.
A collateral board of inquiry investigated the October 1998 crash of a Labrador helicopter in the Gaspé region of Quebec that killed all six crewmembers.
That inquiry made its final report in June 2001, finding the crash was the result of a set of extraordinary circumstances and not a fundamental problem with the helicopter itself.
The Croatia Board of Inquiry of 1999 tried to explain why so many Canadian peacekeepers got sick while serving in Croatia in the early 1990s.
That board found no evidence of chemical contamination or radiation severe enough to explain the soldiers' sickness. The inquiry concluded that stress was the likely cause of their illnesses.
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