Military whistleblower sues Ottawa after reporting alleged Afghan civilian killings

MONTREAL — A former sergeant with the Canadian Armed Forces is suing the federal government for nearly $3 million, alleging unfair treatment after he reported the killing and targeting of civilians during the war in Afghanistan.

Claude Lepage spent 22 years in the Canadian Armed Forces, including as a member of a special unit known as Joint Task Force 2. But his career ended on a sour note, culminating in a “mandatory” medical release in 2012.

The lawsuit filed in Quebec Superior Court on Oct. 8 alleges the ex-soldier’s rights were violated after he told his chain of command about the “execution of Afghan civilians” by members of his unit and by a foreign government agency between 2005 and 2008 during the Afghanistan war.

“In addition, having been forced to retire from the Canadian Armed Forces due to the unfair and discriminatory handling of his case, (Lepage) is seeking damages as the mandatory medical release process has been subject to gross misconduct, discrimination, stigmatization and negligence on the part of the (federal government).”

The lawsuit alleges that in 2006 Lepage witnessed a Canadian soldier fire five bullets into an unarmed civilian who had his arms raised. Lepage says he reported the “execution” to his chain of command but claims the ensuing internal investigation did not take the allegation seriously.

The statement of claim says Lepage personally witnessed several more civilian deaths in January 2008 when a foreign government agency executed a wounded Afghan civilian in a mission that ended with three civilians dead. Later that month, Lepage spoke with a colonel about unjustified violence perpetrated on civilians.

“Sgt. Lepage then met with him to express his desire to continue the combat missions. However, he expressed his discomfort and his wish to no longer participate in missions that could involve the non-accidental death of unarmed people or Afghan civilians,” the lawsuit says.

But the day after he met with the colonel, Lepage says he was forced to return to Canada without justification or consultation with a doctor. He learned later that he was officially repatriated because of an “operational stress injury,” according to a 2009 briefing note mentioned in the lawsuit.

Lepage alleges he was forced out of the unit and his salary was halved because of his attempts to call out “aggressiveness” toward Afghan civilians. He says he was forced into early retirement in 2012 for medical reasons.

The lawsuit seeks about $2.9 million in damages and legal costs. His claims have not been proven in court.

The Department of National Defence was not immediately available for comment.

This report by The Canadian Press was first published Oct. 16, 2024.

Joe Bongiorno, The Canadian Press