Canadian military decides against court martial for officer who called for uprising

Maj. Stephen Chledowski appeared in uniform in a February 2022 online video accusing federal and provincial politicians of being traitors and describing the COVID-19 vaccine as “genocide.”

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Published Dec 15, 2023 • Last updated 2 hours ago • 4 minute read

A screen shot of Maj. Stephen Chledowski appearing in uniform in a February 2022 online video accusing federal and provincial politicians of being traitors and describing the COVID-19 vaccine as “genocide.” Photo by Gilmour, Kier /PST

The Canadian Forces quietly decided against proceeding with a court martial for an army officer who called on police and military personnel to rise up against the federal government over COVID-19 pandemic regulations.

But the decision not to send Maj. Stephen Chledowski to a court martial highlights the double standard the lower ranks face in the military justice system, says a lawyer for Warrant Officer James Topp.

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Topp, a reservist who appeared in two videos in February 2022 criticizing vaccine requirements for military personnel and other federal employees, was court-martialed in November.

“James Topp didn’t call for the overthrow of the government and wasn’t disrespectful to government officials, yet he faced a court martial, while (Chledowski) didn’t,” said lawyer Phillip Millar, who has served in the Canadian Forces and is a former Assistant Crown Attorney. “It’s a clear indication there is a double standard within the Canadian Forces.”

Chledowski was put under military police investigation after appearing in uniform in a February 2022 online video in which he accused federal and provincial politicians of being traitors and described the COVID-19 vaccine as “genocide.”

“I am calling on my military and police comrades to now stand up and protect your loved ones against this government-forced medical tyranny,” Chledowski said in the video, adding he was not vaccinated.

After a military police investigation, Chledowski, a battery commander at the Royal Regiment of Canadian Artillery School, was charged with two counts of Conduct to the Prejudice of Good Order.

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But National Defence has confirmed to this newspaper that military prosecutors decided not to proceed with a court martial.

“Following an assessment by the Director of Military Prosecutions, it was determined that charges would not be preferred for court martial (brought to trial),” National Defence spokesperson Andrew McKelvey wrote in an email. “In this case, the Canadian Military Prosecution Service determined that there was insufficient public interest to justify proceeding with charges.

“Appropriate steps were taken regarding this situation,” McKelvey added, but he noted that information could not be released as it was protected under the Privacy Act.

Chledowski released from the Canadian Forces on July 20, 2022. The reason for that was protected under the Privacy Act, McKelvey said.

Recent attempts by this newspaper to contact Chledowski were unsuccessful. He did not respond to requests for comments from this newspaper in February 2022, either, but he did tell CBC at that time, “What I’ve said is what I’ve said.”

Warrant Officer James Topp, a reservist, at his court martial in New Westminster, B.C., in mid-November. Photo by ETHAN CAIRNS /THE CANADIAN PRESS

The decision not to court-martial Chledowski while proceeding with legal action against Topp highlights a military justice system stacked against lower-ranked soldiers, Millar said. “I am disappointed that the director of military prosecutions didn’t treat James Topp fairly.”

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During Topp’s court martial, the military portrayed the reservist’s actions as similar to those of pro-Trump rioters who stormed the U.S. Capitol in January 2021. “This is a case about an experienced and seasoned warrant officer leveraging his rank and uniform to publicly challenge his chain of command and his democratically elected government,” prosecutor Maj. Ben Richard said.

Military judge Cmdr. Julie Deschenes admonished Topp for his actions, noting he violated his duties as a member of the Canadian Forces. “You have admitted that making the broadcasts and the statements as a member of the CAF (Canadian Armed Forces) in uniform was wrong,” she said. “Now you face the consequences.”

Topp, who acknowledged he was close to suicide during the pandemic, had pleaded guilty to the two counts of conduct to the prejudice of good order. He received a severe reprimand and a $4,000 fine.

Millar questioned the military prosecution’s decision to portray Topp as being akin to a Jan. 6 U.S. rioter when they already decided not to proceed with a court martial for Chledowski, whose video did call upon troops to rise up against the government. “If they believed it was fair to (not hold a court martial) for Chledowski, then they had a duty to do the same thing with Topp,” Millar said.

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In response to Millar’s comments, National Defence spokesperson Andrée-AnnePoulin wrote in an email that, “The rank or status of members do not play a role in decisions made by the CAF prosecutors.”

Shortly after Chledowski’s video was posted online, the Canadian Forces released a statement noting it was taking action against the major. “A hallmark of our democracy is the principle that the military is accountable to our duly elected officials,” the statement said. “Discipline is another key principle that underpins our effectiveness as a military.

“Those who disregard these principles undermine the very foundation of our institution. We all must be trusted to serve.”