It is a very rarely used law, mostly because there are so very few cases of the incident occurring.
Nonetheless, a man who impersonated a soldier during Remembrance Day ceremonies in Ottawa, has now been charged.
Franck Gervais, a 32-year-old carpenter/construction worker from Cantley, Quebec, passed himself off as a Sergeant with the Royal Canadian Regiment (RCR) by wearing a current uniform and various medals. He was even interviewed on national TV. However, many veterans immediately spotted errors in his uniform, and medals. Later investigation showed the Department of National Defence has no one by that name in the Canadian forces.
original story- phoney soldier at Remembrance Day
Raising the anger of many soldiers and veterans even further was the wearing of a rare medal of bravery, and an elite and rare “pathfinders” badge.
Apparently the man bought his uniform and medals from websites.
It is not illegal for a soldier to sell his medals. It is illegal for anyone not a member of the Canadian Forces to wear a current uniform. It is also illegal to wear medals one has not been awarded.
“Falsely impersonating a Canadian Armed Forces member is an issue to be taken seriously and is covered under Section 419 of the Criminal Code of Canada,” a spokesperson for the Defence Department said in an emailed statement to CBC earlier this week.
“Such activities are a disservice to the proud men and women of the Canadian Armed Forces, who earn the right to wear their uniforms through their hard work and the sacrifices they make for our country.”
On his Facebook page Gervais was also seen wearing a similar current military uniform for his wedding, that page has since been taken down.
On Saturday, Gervais was arrested, charged and released on a promise to appear in court on December 9th.
He faces four criminal charges:
- – One count of falsely representing himself to be a public officer;
- – One count of misleading use of a badge or uniform;
- – One count of unlawful use of a military uniform;
- – One count of unlawful use of military decorations.
A spokesman for Potvin Construction, the company where Gervais has worked for 12 years, told reporters they were shocked by the incident. They have hired legal and public relations experts to deal with the situation and have suspended Gervais with pay for the time being.
Two years ago a similar incident occurred in Winnipeg, Manitoba. Josh Tuckett claimed he was a corporal who had served in Afghanistan and Haiti. He plead guilty to a charge of unlawful wearing of a military uniform and faced a six-month sentence.
In that case the judge ruled that the sentence would be justified if there was a sinister reason behind the offence, but since Tuckett gained no concrete benefits, he was discharged.