(OTTAWA) A Canadian Armed Forces officer who urged other military members to disobey orders and not participate in the distribution of COVID-19 vaccines was reprimanded and fined on Thursday court-martialed, after apologizing for his “public display of disloyalty”.
Updated yesterday at 4:01 p.m.
Cadet instructor Laszlo Kenderesi, 60, apologized at the start of this unprecedented court-martial. He was later sentenced to a severe reprimand and a $4,200 fine, after pleading guilty to the charge of “conduct to the prejudice of good order and discipline”.
The military police initially charged Mr. Kenderesi with trying to “persuade another person to take part in a mutiny”, for which he faced a maximum sentence of life in prison. But prosecutors eventually withdrew that charge before the trial began on Thursday.
Mr. Kenderesi also faced the charge of having “conducted himself in a manner scandalous and befitting an officer”, but this charge was automatically stayed when military judge Martin Pelletier accepted his guilty plea on the count of harmful conduct.
Calling the case “unique” in its kind, Judge Pelletier said in sentencing that the accused was not being punished for his personal views on vaccines, but for participating in — and publicly expressing his support for — the anti-vaccine protests while in uniform.
“It is even more unacceptable that Officer Kenderesi incites members of the Canadian Armed Forces to disobey orders […] with respect to the scheduled tasks of assisting with the distribution of vaccines,” the military judge said.
Mr. Pelletier mentioned several times the lack of precedent—a very good thing, in his opinion. “The court and counsel are not aware of any other instance where a Canadian Armed Forces officer attended, in uniform, a protest against a high-profile government action and took a microphone to ask members of the Armed Forces Canadians to refuse orders to perform lawful duties,” he said.
“killer vaccines”
This court-martial is linked to a speech given at a rally against lockdowns in December 2020 in Toronto. Mr Kenderesi, dressed in his full military uniform, then spoke out against what he called “killer vaccines”.
“I call on all military personnel to do the same, not to accept unjust orders, which would be to donate and distribute vaccines,” Kenderesi said, according to a transcript read to the court. A video of his speech was later posted online.
The Canadian military had just days earlier been officially mandated to plan the distribution of COVID-19 vaccines to the provinces, as Health Canada began the final stages of its review of candidate vaccines from Pfizer and Moderna.
Mr Kenderesi on Thursday expressed remorse for his actions, ahead of sentencing submissions. “I was wrong to present myself as a member of the Canadian Armed Forces to publicly express my private opinions,” said the accused. I abused the trust that comes with the privilege of wearing the uniform of the Canadian Armed Forces. I am sorry.
“It was not for me to question the orders of the chain of command,” he added. I violated the fundamental principle of service by not supporting the legitimate authority of the chain of command. I’m ashamed of my public display of disloyalty. »
Soviet Hungary
In an affidavit filed on record, the court heard that Kenderesi was born and raised in Hungary while that country was under the influence of the Soviet Union, and the 2020 COVID-19 lockdowns had affected him both emotionally and financially. His wife lost her job, and his trucking business collapsed, after which he declared bankruptcy.
The court also heard that although Mr. Kenderesi first joined the Canadian Armed Forces in 1978 and served for years as a reserve cadet instructor at Base Borden, he had virtually no no contact with the army after 2018.
Defense attorney Major Alexandre Gélinas-Proulx attempted to use these arguments as mitigating factors, but prosecutor Jennifer Besner argued that the underlying problem in this case was one of applying the discipline.
“Discipline is the quality that every soldier must have, which allows him to put the interests of Canada and the interests of the Canadian Forces before his personal interests,” pleaded Lieutenant-Commander Besner.
“This is essential because members of the Canadian Forces must voluntarily and promptly obey lawful orders which can have devastating consequences for individuals. »
The defense and the prosecution nevertheless agreed to recommend that Judge Pelletier condemn Kenderesi to a severe reprimand and a fine of $4,200. They added that the officer had already completed 80 hours of community service.
A previous
Although Judge Pelletier finally accepted the joint recommendations of the defense and the prosecution, and acknowledged the emotional and financial strains the accused was facing at the time, he nevertheless underlined the seriousness of the actions taken.
The outcome of this case could indeed have implications for future court-martials of military personnel who have publicly spoken out against mandatory vaccinations and other government policies.
This is the case of Warrant Officer James Topp, an army reservist who was also charged earlier this year with two counts of conduct to the prejudice of good order and discipline, for having denounced, dressed in his uniform, compulsory vaccinations.
Mr. Topp has since become a celebrity for some Canadians opposed not only to vaccines and health restrictions, but more generally to the federal Liberal government. He currently travels the whole country on foot.