The first chapter of Volume 4 bears the title "The Failures of Senior Leaders". The notion of leadership failure in this report involves the application of the principles of accountability discussed earlier and is informed by an appreciation of the qualities of leadership that we describe in our chapter on that subject. However, one specific aspect of failed leadership that is of importance in this discussion is the shortcoming that occurs when individuals fail in their duty as a commander.

The individual failures or misconduct that we describe were previously identified and conveyed to individuals by means of the device referred to as a section 13 notice. This is the provision in the Inquiries Act stipulating that "No report shall be made against any person until reasonable notice has been given to the person of the charge of misconduct alleged against him and the person has been allowed full opportunity to be heard in person or by counsel."

Recipients of section 13 notices received them early in our process and before the witnesses testified. All section 13 notice recipients were extended the opportunity to respond to their notices by calling witnesses and by making oral and written submissions. This was in addition to the rights they enjoyed throughout our proceedings to fair and comprehensive disclosure, representation by counsel, and the examination and cross-examination of witnesses.

The individuals whose actions are scrutinized in this volume of the report are members of the forces who have had careers of high achievement. Their military records, as one would expect of soldiers who have risen so high in the CF are so far without blemish. The Somalia deployment thus represents for them a stain on otherwise distinguished careers. Justifications or excuses were advanced before us that, if accepted, might modify or attenuate the conclusions we have reached. These ranged from "the system performed well; it was only a few bad apples" to "there will always be errors", from "I did not know" or "I was unaware" to "it was not my responsibility" and "I trusted my subordinates". We do not review these claims individually in the pages of Volume 4, but we considered them carefully.

Another mitigating consideration is the fact that these individuals can be seen as the products of a system that has set great store by the can-do attitude. The reflex to say "yes sir" rather than to question the appropriateness of a command or policy obviously runs against the grain of free and open discussion, but it is ingrained in military discipline and culture. However, leaders properly exercising command responsibility must recognize and "assert not only their right but their duty to advise against improper actions", for failing to do so means that professionalism is lost.