Canada's former top soldier in Haiti has $6M lawsuit tossed
Col. Bernard Ouellette lost job following allegations he had an inappropriate relationship
The Canadian Press
Posted: Jan 3, 2013 6:31 PM ET
Last Updated: Jan 3, 2013 7:25 PM ET
Col. Bernard Ouellette sued the Department of National Defence for $6 million, after he was removed from his command in Haiti over allegations of an inappropriate relationship. (Cpl. Shilo Adamson/Canadian Forces Combat Camera)
Related
A Canadian army colonel's $6-million lawsuit against the Department of National Defence for defamation has been tossed out by the Ontario Superior Court.
The case involving Col. Bernard Ouellette was dismissed Monday, but details were only made public Thursday with the presiding judge noting the officer's claims were still before the military's grievance board.
Justice Timothy Ray said the case did not meet the legal test for slander.
'DND is responsible for allowing the propagation of libel inside DND.'—Col. Bernard Ouellette's statement of claim
Ouellette was dismissed from his command in Haiti almost three years ago following allegations of an inappropriate relationship with a woman who worked for the United Nations.
He took the extraordinary step of suing DND and fellow officers for defamation after the department confirmed his dismissal to news media and stated the long-serving officer was being investigated.
Members of the military deployed overseas are required to follow a strict non-fraternization code.
Accused of 'frolicking' with secretary
Ouellette, who is married, alleged that fellow officers on the Haiti mission emailed superiors in Ottawa in March 2010 to accuse him of sleeping with a UN staffer and that they had been seen "frolicking together" by the pool.
The woman, Vlora Merlaku, was his secretary at the UN headquarters in Port au Prince.
"It is a fact that she (Vlora) is sleeping in the same room with Col. Ouellette and that there is only one bed in the room," said one email submitted as evidence by Ouellette.
The note was allegedly sent by a Canadian major serving with the UN force and went on to say: "They have been seen walking hand in hand, not normal behaviour for a boss and his subordinate."
Ouellette denied any wrongdoing and said he gave Merlaku his room at the Canadian Embassy residence for two months following the devastating earthquake that struck Haiti.
He said he slept elsewhere and he allowed her to remain for health and safety reasons.
Ouellette's ouster came in late June 2010, just weeks after Brig.-Gen. Dan Menard was relieved of command in Kandahar and sent home for having an inappropriate relationship with one of his subordinates.
Ouellette, in his statement of claim, said DND bears responsibility because it wrongly removed him from command and created the impression that he'd done something wrong.
"DND is responsible for allowing the propagation of libel inside DND and ultimately allowing it to be released and disseminated by the press," said his statement of claim filed in June.
In his decision, Justice Ray noted that Ouellette had not sued any media outlets and still retained the possibility of being compensated once his internal grievance is reviewed by Defence Minister Peter MacKay.
Share Tools
Latest Ottawa News Headlines
- Burn expert testifies at Hutt trial
- A burn expert testifying at the trial of a man accused of scalding his wife and leaving her to die said her injuries were consistent with someone who had a "kitchen pot" of hot liquid poured over their back. more »
- Man charged with sexual assault at Ottawa daycare
- Ottawa police have charged a 39-year-old man with sexual assault after a report of abuse at a local daycare. more »
- Senators' Jason Spezza could have new linemate for Game 4
- In only his second game back, Jason Spezza could have a new right-winger. Dan Séguin has more details in this video report. more »
- Aretha Franklin pulls out of Ottawa Jazz Festival
- Soul music legend Aretha Franklin has cancelled her June 26 performance at the Ottawa Jazz Festival because of her health. more »
Must Watch
Top News Headlines
- Lawyers tell Rob Ford to limit comments on alleged crack video
- Legal advice may be behind Toronto Mayor Rob Ford's decision to stay silent in the wake of allegations he was recorded smoking what appears to be crack cocaine. more »
- Oklahoma residents begin to return home after deadly tornado
- Rescue workers raced to complete the search for survivors and the dead in the Oklahoma City suburb where a mammoth tornado destroyed countless homes, cleared lots down to bare red earth and claimed 24 lives, including those of nine children. more »
- Wednesdays with @Kady: Senate expenses questions continue
- As Ottawa waits to see whether Prime Minister Stephen Harper takes questions on the Senate expenses scandal in Peru this afternoon, CBC Politics blogger Kady O'Malley is available to answer your questions on the latest controversial developments. more »
- 'You will see him again in heaven,' Sharlene Bosma tells daughter
- Sharlene Bosma told more than 1,000 people at the public memorial service for her slain husband, Tim Bosma, about the love they shared. more »
Most Viewed/Commented
- Mountie sues 13 ex-colleagues for sex assault, harassment
- Severe thunderstorm warning ends for capital region
- Stabbing victim not expected to live, family says
- First responders describe crime scene during Hutt trial
- Burn expert testifies at Hutt trial
- Pakenham residents upset about proposed firearm facility
- 'You will see him again in heaven,' Sharlene Bosma tells daughter
- 'Suicide contagion' spreads after schoolmate death
- Fire destroys 100-year-old barn near Kemptville, Ont.
