- Somalia Inquiry & Government Reaction
      -  1995-1997: Somalia Inquiry
      -  Departmental Reaction to Somalia Inquiry
      -  Special Advisory Group on Military Justice and Military Police Investigation Services
          January 1997 to July 1997
      -  The Special Senate Committee on the Canadian Airborne Regiment in Somalia (April 1997)
      -  Report to the Prime Minister on the Leadership and Management of the Canadian Forces (March 1997)
        -  Minister's Monitoring Committee on Change in the Department of National Defence and the Canadian Forces (October 1997 to 1999)
         - Bill C-25--An Act to amend the National Defence Act and to make consequential amendments to other Acts
         (Royal Assent, 10 December 1998)
       - 2003 -- Five Year Review of Bill C-25
       - 2011 -- Second Five Year Review of Bill C-25
    
         

-  Governments Bills 1999-2019 on National Defence Act

- Current Affairs -- Sexual Misconduct

- Court Martial Comprehensive Review 2016-2017

- JAG & DND Web Sites

- Laws, Regulations and Orders

- Superseded Legislation

- Web Sites of Interest

Part II -- Canadian Military Law -- Bibliography
 A-B--C-D--E-G--H-L--M-R--S-Z
------

Blogs:

[Source: Barney Danson and Curtis Fahey, 1951, Not Bad for a sergeant: the memoirs of Barney Danson,
Toronto : Dundurn Group, ©2002, 303 pages, at p. 200 : illustrations ; 24 cm, available in part
at https://books.google.ca/books...., accessed 18 February 2021]

   The General Court Martial (GCM) of Lieutenant-Commander
   Dean Marsaw, 1994-1995 -- I received a transcript but without the
   charge sheet!  Bowl of Confusion* on how to get a transcript
   from DND--PART III

National Military Section of the Canadian Bar Review, "Submission on the
Operation of Canadian Military Law -- National Defence Act and Bill C-25",
June 2003, Part IV, pp. 9-10

Pressing (and holding) the Ctrl key and scrolling the wheel of the mouse allows
to zoom in or out of the web page being viewed

                Notes 17 and 18 are not too clear, they read as follows:

17 "Military law review slammed as 'whitewash', Ottawa Citizen, 27 June 2003, p. A3

18 The CBA President's letter to the editor of the Ottawa Citizen may be accessed at the NMLS
[National Military Law Section] (http://www.cba.org/CBA/Sections/military/).

The Third Independent Review makes a public statement

Justice Fish is assisted in his independent review by his Senior Counsel, Jean-Philippe Groleau, a
partner at Davies Ward Phillips & Vineberg LLP; his Junior Counsel, Guillaume Charlebois, an
associate at the same firm; and his Senior Consultant, Morris Rosenberg CM, a former deputy
minister of justice, of health and of foreign affairs with the government of Canada. Justice Fish
and the members of his team are all independent of the Department of National Defence and the
Canadian Armed Forces.

Comments on "Annex 3 - Ministerial Direction - Third Independent Review"

The Third Independent Review Authority shall be provided with or may engage the services of such staff and
other advisors as it considers necessary to aid and assist in the review, at such rates of remuneration as
may be approved pursuant to applicable Government of Canada regulations and policies

In order to maximize the utility of the third independent review,  the review might most effectively be
accomplished by focusing on the statutory and regulatory provisions, and administrative policies
and practices that have been implemented, and have an adequate operational record upon which to
ground a review.

  The General Court Martial (GCM) of Lieutenant-Commander
   Dean Marsaw, 1994-1995 -- I received a transcript but without the
   charge sheet!  Bowl of Confusion* on how to get a transcript
   from DND--PART II

Ranks for trial of brigadier-general or above

(4) If the accused person is of or above the rank of brigadier-general,
the senior member of the panel must be an officer of or above the rank
of the accused person and the other members of the panel must be of
or above the rank of colonel.

. Procès-verbal des débats de la cour martiale du juge en chef, le colonel Dutil

 Tanscript of the Court martial of the Chief Military Judge, Colonel Dutil in French

En réponse à votre demande du procès-verbal des débats pour la période du 10 au 17 juin 2019
dans le procès du juge militaire M. Dutil, je vous avise qu’il n’y a qu’une partie des procédures
judiciaires qui a été dactylographiée.  De ce fait, je vous ferai donc parvenir par service de
messagerie Purolator (à l’adresse indiqué dans votre courriel ci-dessous) une copie électronique
du procès-verbal déjà dactylographié (format PDF) ainsi qu’une copie des enregistrements du
procès en format audionumérique (MP3).  Malheureusement il m’est impossible de vous faire
parvenir le tout par courriel car cela excède la capacité des serveurs du MDN.

. What happens in the other system for judges?

. The public needs to know more about the complaint and charges against Colonel Dutil

. Some thought about the Military Judges Inquiry Committee under the NDA

- The first statutory Inquiry Committee  was created after the Somalia inquiry of 1995-1997 in Bill C-25 and in the
QR&Os.  

- In 2003, proposed changes to the then existing Inquiry Committee were recommended by Lamer in the first report to review Bill C-25,
 see p. 22 at perma.cc/S2HX-FSRJ :

- today  sections 165.31 to 165.36 of the National Defence Act deal with
the Military Judges Inquiry Committee (MJIC)

- these sections 165.31 to 165.36 come from Bill C-15 , An Act to amend the National Defence Act and to make consequential
amendments to other Acts;  after Royal Assent of Bill C-15, it became the Annual Statutes of Canada: 2013, chapter 24, section 45

- following an Access to Information and Privacy Request made by me, I received the Departmental Clause by Clause Analysis of Bill C-15;
hereunder the relevant analysis for clause 45  of Bill C-15 at pp. 63 and 65.

[p. 63]

Pressing (and holding) the Ctrl key and scrolling the wheel of the mouse allows
to zoom in or out of the web page being viewed

[p. 65]

Pressing (and holding) the Ctrl key and scrolling the wheel of the mouse allows
to zoom in or out of the web page being viewed

- There is no doubt that the executive and  Parliament's intent was that the MJIC be similar to the Judges Act.
For those who are not familiar with the Clause by Clause Analysis and its importance (including
to the House and Senate standing committese after 2nd reading), see the Guide to Making Federal Acts and Regulations.
It is shameful, that this clause by clause document is not available to the public on the web site of LegisInfo.

-  there has only been one MJIC case, i.e. for Col Dutil, Chief Military Judge

[59] Pursuant to subsection 165.32(3) of the NDA, Judge Jocelyne Gagné was designated by the Chairperson
of the Inquiry Committee, Chief Justice B. Richard Bell, to review the ethics complaint and determine
if an inquiry should be started. According to the news release of April 27, 2016, which was published on
the CMAC website and a copy of which was given to the Court during the application for judicial review
hearing, this complaint specifically concerned allegations of the breach of directive DAOD 5019‑1.

 [60]On February 29, 2016, the Chairperson of the Inquiry Committee advised Colonel Wakeham
that no inquiry would be started and that the file would be closed following the acceptance by the
Inquiry Committee of the recommendation of Judge Gagné. In the news release of April 27, 2016,
it was mentioned that the ethics complaint was dismissed for the reason that it did not raise any
cause for removal mentioned in subsection 165.32(7) of the NDA.

The Military Judges Inquiry Committee decision about the complaint against Chief Military Judge Mario Dutil, 27 April 2016;
is available at cmac-cacm.ca/bulletins/documents/April_27_2016.docx (accessed 27 September 2016) and is  also available at
paragraph 66 of D’Amico D.P. (Corporal), R. v., 2020 CM 2002 (CanLII), <http://canlii.ca/t/j5fbv>;

Ottawa, 27 April 2016
The Military Judges Inquiry Committee, established in accordance with section 165.31
of the National Defence Act, reviewed a complaint against the Chief Military Judge
Mario Dutil. The complaint was made by Colonel Bruce J Wakeham.

The complaint concerned allegations of infringement to the Defence Administrative
Order and Directives (DAOD) 5019-1, Personal Relationships and Fraternization.
After considering all the issues in this case, the complaint was dismissed on the basis
that it did not raise any issue of judicial conduct as referred to in subsection 165.32(7)
of the National Defence Act and therefore did not warrant consideration by the Military.

SCHMITZ, Cristin, "Military judge will not face court guns", The Lawyers Weekly, issue 10 June 2016, available at
lawyersweekly.ca/articles/2694 (accessed 7 June 2016); see also at thelawyersdaily.ca/articles/2075/military-judge-will-not-face-court-
guns?article_related_content=1 (accessed 24 September 2017) wrote:

In the first known case under a unique judicial discipline process, an inquiry committee struck
by the Court Martial Appeal Court (CMAC) has dismissed a potentially explosive complaint
against Canada’s top military judge [Mario Dutil] that was lodged by the chief of staff of the
Judge Advocate General (JAG) [Col. Bruce Wakeham].

Questions on my mind

What was the involvement of MGen Cathcart in the decision to make a complaint?  

The complaint made by Col Wakeham has not been made public. We know that from the decisions that
it concerns allegations of infringement to  the Defence Administrative Order and Directives ((DAOD) 5019-1 )
during 2014-2015 What exactly did the complaint say?  Can the public get a copy of it?  A copy of the complaint is part of
the record in the case of Canada (Director of Military Prosecutions) v. Canada (Office of the Chief Military Judge), 2020 FC 330 (CanLII), <http://canlii.ca/t/j5p93>,
file T-1151-19, judgment 3 March 2020, by Justice Martineau

What procedure did Justice Gagné follow (the study of the written complaint only? Was Col. Dutil consulted?  Was the rule audi alteram partem followed?)

Did Justice Gagné make a written report to the MJIC?

On 29 February 2016 did Chief Justice Bell inform Col Wakeham of the dismissal of his complaint in writing?

Subsequently was consideration of a judiciary review under s. 18.1 of the FCA of the MJIC dismissal envisaged?  By whom JAG, Col Wakeham?  BGen Cathcart? When?

Was consideration made by the JAG to go for a court martial before the complaint to the MJIC on 9 October 2015?

At the time the complaint was dismissed on 29 February 2016, did the JAG or Col Wakeham then consider going for a court martial
on the DAOD 4019-1 issue?

At the time the dismissal of the complaint was known to JAG on 29 February 2016, was Col. Dutil already being investigated for the alledged fraud?

. Another rare document ...testimony of Brigadier-General Karwandy

On 5 November 2020, I got the transcript of the testimony of BGen Frank Karwandy before the Commission of Inquiry on War Criminals

chaired by the Honourable Jules Deschênes, public hearings, on 9-10 April 1985.  Brigadier-General Karwandy, the Judge Advocate General

of the Canadian Forces, testified about the role of the CF in "the investigation and prosecution of war criminals after the

Second World War" (The Globe and Mail, 11 April 1985, at p.1); this transcript is available at http://www.lareau-law.ca/Karwandy2020Oct5.pdf.

The testimony does not talk about the prosecutions of war criminals in Japan.  I would like to thank the office of  my MP, David McGuinty, Liberal, Ottawa South,

his executive assistant Jenny Hooper and the Parliamentary Library staff for having provided me with the electronic copy of this transcript.

(put on line on 7 November 2020)

Post scriptum:

If you are interested in the history of the OJAG, please be informed that LCol (retired) Bruce MacDonald was the next witness at the Commission of Inquiry on War Criminals
chaired by the Honourable Jules Deschênes.  In April 1985, at the time of his testimony, Mr. MacDonald was a judge.

If someone has a copy of his testimony, please send it to me at flareau@rogers.com and I will put it on line.

(post scriptum added 11 November 2020)

. Action, action in the case of Capt Duquette

On 23 November 2019 Maj (then) Duquette was convicted at a court martial: Duquette J.R.E. (Major), R. c., 2019 CM 3016 (CanLII), <http://canlii.ca/t/j8f71>.  He was convicted: Charge 1: S. 130 NDA, sexual assault (s. 271(b) CCC).
Charge 2: S. 129 NDA, conduct to the prejudice of good order and discipline and Charge 3: S. 95 NDA, ill-treated of subordinates.

Capt (after) Duquette was sentenced ro reduction in rank to the rank of captain.

Capt Duquette appealed to the CMAC, court number CMAC-605 and there are 38 records:

On 29 October 2020, Chief Justice Bell decided on a motion by the appellant,  see Duquette v. Canada, 2020 CMAC 4 (CanLII), <http://canlii.ca/t/jbbm8>

Mr. Rory Fowler commented on the motion in "Duquette v R, 2020 CMAC 4 - Remedy Pending Appeal" at globalmjreform.blogspot.com/2020/11/duquette....

At the trial level, Me Cantin from Jonquière was the defence counsel (he may have been assisted by others) and major Baby-Cormier, major Desaulniers and Capt Corbeil represented Her Majesty; The President of the Standing Court Martial was LCol Lieutenant-Colonel d’Auteuil.

At the appeal level counsel involved are: Major Stephan Poitras and Me Sylvain Morissette:

-----------------------
Mjor Stephan Poitras                                                Me Sylvain Morissette
(linkedin.com/in/stephan-poitras-25010616)                        (cantinbouchardboulianne.com/cv/sylvain-morissette/)

On 4 November 2020, a record at the CMAC indicates that "directives verbales du juge en chef Bell en date du 2 novembre 2020, qui dirige qu'une audition par téléconférence soit tenue mercredi le 4 novembre 2020 à partir de 10h00 au sujet de la requête de l'appelant. placé(e)(s) au dossier le 02-NOV-2020".

Should be an interesting case to follow!

(put on line on 4 November 2020)

on the latest decision of the appeal process, see decisions.cmac-cacm.ca/cmac-cacm/cmac-cacm/en/item/490093/index.do

. Time to relax again with art and a book on Napoleon Bonaparte

Napoleon is regarded as one of the greatest military commanders in history,
and his wars and campaigns are studied at military schools worldwide. His
political and cultural legacy has made him one of the most celebrated and
controversial leaders in human history. [Wikipedia]

The above German caricature can be best explained with the help of another work of art,
not in the book, and  explained by Karine Huguenaud:

Pierre-Paul Prud'hon, 1758-1823, Justice and Divine Vengeance pursuing Crime,
oil, 33 x 41 cm / 13 x 16 1/8".

It was in in 1804 that Nicolas Frochot, Préfet de la Seine, commissioned the artist
Prud'hon to produce a painting for the Criminal Tribunal hall, the high court at the
Paris Palais de Justice....

The sketch was finished in 1806 and the painting was exhibited at the Salon of
1808 where Napoleon decorated Prud'hon with the Légion d'honneur. Unusually
in this case, the caricaturists took hold of the work and parodied it,
replacing the figure of crime with that of the Emperor.  The painting by
Prud'hon was installed in the Palais de Justice in 1809, presented at the exhibition
of decennial prizes in 1810, and again shown at the Salon of 1814.  It was finally
returned to the artist on the fall of the Empire. Held at the Musée du Luxembourg
from 1818, it entered the Louvre on Prud'hon's death in 1823.

[Karine Huguenaud, (tr. P.H.)], "Justice and Divine Vengeance pursuing Crime, Artist(s):
Prud'hon, Pierre-Paul", February 2004, available at napoleon.org/en/history-of-the-two-empires/
paintings/justice-and-divine-vengeance-pursuing-crime/; avec l'aimable autorisation de la Fondation
Napoléon.

   Vers la fin de septembre, l'empereur fit un voyage à Raab; il allait
monter à cheval pour retourner à la résidence de Schoenbrünn, quand
il apperçut l'évêque de Raab à quelques pas de lui.

   -- N'est-ce pas l'évêque? dit-il à Monsieur Jardin qui tenait la tête du cheval.

   -- Non, Sire, c'est Soliman.

   -- Je te demande si ce n'est pas l'évêque, répéta Sa Majesté en montrant le prélat.

   Monsieur Jardin, tout à son affaire, et ne pensant qu'au cheval de l'empereur qui
portait le nom de l'Evêque, répondit:

   --Sire, je vous assure que vous l'avez monté à l'avant-dernier relais.

  L'Empereur s'aperçut de la méprise et rit aux éclats.
 

Towards the end of September the Emperor made a journey to Raab; and, as he
was mounting his horse to return to his residence at Schoenbrunn, he saw the
bishop a few steps from him. "Is not that the bishop?" said he to M. Jardin,
who was holding his horse's head. "No, Sire, it is Soliman."—"I asked you
if that was not the bishop," repeated his Majesty, pointing to the prelate.
M. Jardin, intent on business, and thinking only of the Emperor's horse
which bore the name of Bishop, again replied, "Sire, you forget that you
rode him on the last relay." The Emperor now perceived the mistake, and
broke into a laugh.  

. CFB Wainwright -- Soldier shot and killed during training

- the news at https://www.cbc.ca/news/canada/edmonton/canadian-soldier-killed-exercise-wainwright-1.5785198

- there is a military police investigation going on...

- there will be a board of inquiry with a military lawyer involved.

- it is too early to speculate, but this type of incident can possibly involve negligence and result in courts martial.

(put on line 1 November 2020; last amendment on 2 November 2020)

.  On the next independent review of the NDA due at latest in June 2021

- The Annual Report of the Judge Advocate General for the fiscal year ending on 31 March 2010 was tabled in the H of C  on 19 October 2020 and made public on 23 October.

....

    
         Report at p. 49.

-  The report is required by section 273.601 of the NDA

The  "report will be tabled in June 2021" says the above JAG Annual Report.  Section 273.601 of the NDA, was 2013, c. 24, s. 101 that came in force on
1 June 2014 (SI/2014-49) and the latest the report can be tabled by the Minister is 1 June 2021.  If I was the JAG, I would give it to the Minister
at least 30 days before, i.e. 1 May 2021.

The above annual report also states that the "Judge Advocate General Independent Review Support Team" was formed between 1 April 2019 and
31 March 2020.  Also the Minister will probably sign (if he has not already signed)  a miniterial direction appointing a person to be the authority
to conduct such a review and give directives as to its conduct (as an example see last ministerial direction of 25 March 2011 for the Second Independent Review).

The person chosen for the Second Independent Review was The Honourable Patrick J. LeSage former Chief Justice of the Ontario Superior Court of Justice
who submitted his report to the minister in December 2011.

Mr. LeSage had no previous military experience.  On 28 May 2013 at the Senate Committee on Legal and Constitutional Affairs on
Bill C-15, one of the two bills that were the subject of the Second Independent Review, Mr. LeSage said:

...It's a great pleasure and honour to be invited to attend here today but I must quickly dispel any
doubts that you might have -- I am not an expert in military justice.  I have the great pleasure and
privilege of preparing being the second independent review authority to review the justice provisions
of the NDA, National Defence Act, but that was sort of my first substantive involvement with
military justice and most of what I know, I learned from this gentleman who is behind me here
[pointing to] Colonel Gibson.  He was my instructor and he worked with me and taught me some
of the basics but I had a wonderful experience and I am delighted to be here.
[01:40 to 02:32 of cpac.ca/en/programs/in-committee-from-the-senate-of-canada/episodes/24635312/] 

The Honourable Patrick J. Lesage pointing to Colonel Gibson at the Senate Committee on
Legal and Constitutional Affaits (at 02:18/1:10:30), 28 May 2013.   To the left is LCol Stephen
(Steve) Strickey.

Researchers will find some useful information on the First and Second Independent reviews at my web page dealing with
the Somalia Inquiry

For the next independent review authority should the MND choose a person with military experience?  What do you think? 

(put on line on 31 October 2020; last amended on 3 November 2020)

. ---construction now finished!

. image source: pinterest
Col Dutil's legal saga  

This blog was under construction from 29 October 2020 to 8 November 2020.  My last act in the contruction project on 8 November 2020 was to demolish everything!  This is why I have deleted the draft.   I will placed new blogs on the subject later now that I better understand the subject!

. The JAG annual report is tabled on 19 October 2020 by the Minister
in the House of Commons

. The General Court Martial (GCM) of Lieutenant-Commander
   Dean Marsaw, 1994-1995 -- I received a transcript but without the
   charge sheet!  Bowl of Confusion* on how to get a transcript
   from DND--PART I

- The  transcript of the GCM is available at lareau-legal.ca/A-2018-01188.pdf .  I received it
with Department of National Defence's  Access to Information Act letter, file A-2018-01188, file A-2018-01188, 13 October 2020.
It took me more than two years to get it.

The OJAG officers that participated in the GCM were:

- Judge-Advocates: Colonel Guy Brais and Lieutenant-Colonel Alain Ménard
- Prosecutor: Major D.K. Abbot
- Assistant Prosecutors: Lieutenant-Colonel K.W. Watkin and Captain P.K. Gleeson
- Defending officer: Lieutenant-Colonel J.E.D. Couture
- Assistant Defending Officer: Major L. MacKay

-  LCdr Marsaw  much publicized first charge, as related by the Court Martial Appeal Court
(CMAC) in R. v. Marsaw, 1997 CanLII 17154 (CMAC), <http://canlii.ca/t/ggpvw>, reads as follows:

-  LCdr Marsaw was convicted on charges 1, 3, 4, 6 and 7  and sentenced to dismissal from Her Majesty's service and reduction of
rank to the rank of Lieutenant (N).

-  Before his CMAC decision, he went on a hunger strike.  Vice-Admiral Murray, acting Chief of the Defence Staff, gave him back his rank.

-  The CMAC ordered a new trial but DND decided not to proceed with a new trial.

-   LCdr Dean Marsaw received $180,000.00 in compensation from DND  and was  honourably released

------ 

- Major Legal problem with the transcript I received

Some pages of the transcript I received are missing.  I started reading the transcript and noticed that
 pages 1-1 to 1-12, are missing.  These pages are:  the charge sheet, convening order, court martial order
and two Judge Advocate appointment orders.  The reason advanced by DND for this particular omission
is s. 19(1) of the Access to Information Act, personal information.  No doubt, these pages are full of  social
insurance numbers of service members.  I am guessing here, but it was difficult to make photocopies, put
some correction fluid on the SIN, scan them and integrate them in the main file.  I guess that two years
was not enough to do this act. 

No one would like to see their SIN numbers made public if a transcript of court proceedings is made public.
Don't need a law degree to agree with such a statement.  The rest of the information on these pages 1-1 to 1-12
should be made public.

I am thinking about complaining to the Information Commissioner.
[I did complain, see my blog of 23 November 2020, supra]

(See other parts:
Part II, supra, 23 November 2020
Part III, supra, 7 December 2020)
Part IV,  see blog, supra, 13 December 2020)

 
Here are some relevant provisions

The National Defence Act :  s. 165.3, possibility of Chief Military Judge making rules
 about public access to minutes of proceedings; and  s. 180(1) courts martial shall be public

The Access to Information Act (ATIA) s. 19, exclusion of personal information,  s. 68 non application of ATIA for published material

  Here are some relevant facts:

- Letter from Deirdra Finn, Director, Access to Information and Privacy, DND,  dated 13 October 2020,
regarding my request for the transcript of the court martial of Lieutenant-Commander Dean Marsaw, available
at http://www.lareau-law.ca/img227.pdf;

-  Annual Report Information Commissioner 1997-1998,  Ottawa, 1998, 76 p., at p. 13, ISBN: 0-662-62391-6 which
stated that:

"Electronic versions of court martial transcripts are now available in ND's []National Defence's]
public reading room."

- the court martial application by Michel Drapeau, lawyer, to get access to transcripts of courts martial:
see Pear W.L. (Warrant Officer), R. v., 2015 CM 3021 (CanLII), <http://canlii.ca/t/gvk56>; I am curious to
know if military lawyers can have access to the courts martial transcripts on the intranet? 

- on two previous Access to Information Act (ATIA)  requests for transcripts made by me, the DND Director Access to
Information and Privacy  replied, in November 2015 and January 2016, that the ATIA did not apply to my requests for transcripts
because these transcripts were excluded by s. 68 of the ATIA (being published material) and that future requests for court martial transcripts
should be addressed directly to the Office of the Judge Advocate General.  However, I did received the transcripts with the replies, my requests
having  been treated as informal requests.

- After having received those two replies, the CMA, Mrs. Morissey,  probably realizing the absence of a policy, published
 the "Policy on Access  to Documents and Information - Courts Martial and other Judicial Hearings", memorandum 5203-3
(CMA), first published 14 December 2016 (the last version on line now is dated 26 November 2019).
We note that under paragraph 10 of that "Policy on Access... ", there are two ways to get a transcript: either from the CMA
or making an ATIA request.  If you read annex A of the "Policy on Access... ", you can infer  that the preferred method
for a complete transcript, from the CMA's point of view, would be to make an ATIA requests.  As stated  s. 165.3, of the NDA provides
for the possibility of the Chief Military Judge of making rules about public access to minutes of proceedings; no rules have been
enacted under s.165.3.as far as I know.

-----------

- more background on the trial of Lieutenant-Commander Dean Marsaw, see:

- Roy Marsaw, "A Fine Submariner", Letter to the Editor, 6 January 1996,
republished in the Ottawa Citizen, 30 December 1999, Letters, p. D4;
  

Roy Marsaw is the brother of Dean
Source: https://search-proquest-com.ezproxy.biblioottawalibrary.ca/

-
John Fraser, journalist

FRASER, John, 1944-, "Judicial gamesmanship played out at court martial", Toronto Star, Aug 4, 1996, p. F.1;

Description: THIS IS the last of four columns on the troubling case of Lt.-Cdr. Dean Marsaw,
Canada's top submariner, who late last year was found guilty of verbally and physically abusing
the men under his command. My own view is that Dean Marsaw, a loner who stuck by the rules,
was thrown to the jackals during the expanding Somalian crisis in which the hierarchy of the
Canadian Forces stood accused of making only enlisted men accountable for their behavior. None
of this, however, is what has really condemned Dean Marsaw in the public's mind. If anyone
remembers this case at all, it is the disgusting story of the commander who was convicted of
putting a cigar tube up the anus of a fellow officer.
[Source: © ProQuest LLC All rights reserved, see http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action....]

-  COX, Kevin, "Marsaw ends hunger strike--Navy restores his former rank", The Globe and Mail, 29 November 1996,
 at pages. A1 and A6:

[The caption reads] "Lieutenant-Commander Dean Marsaw fields phone
calls at his home in Dartmouth, N.S., and his wife, Fiona, smiles yesterday after
the navy announced he would be restored to his former rank.  He ended his 20 day
hunger strike (ANDREW VAUGHAN, Canadian Press)"



[Source: ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview, accessed 4 November 2018]

- "Canadian court makes commander wait", UPI Archives, 25 June 1997,
available at upi.com/Archives/1997/06/25/Canadian-court-makes-commander-wait/9915867211200/

OTTAWA, June 25 -- A Canadian navy submarine commander who has
asked a federal court to overturn his conviction by a military court of abusing
his men has been told he must wait for the court's verdict. The three-day court
hearing of Dean Marsaw ended today with Ottawa court officials saying, 'The
judges have reserved their decision.'  Marsaw took his case to the the Federal
Court of Appeal, claiming a military court had wrongfully convicted him in
1995 on charges of abusing men under his command. The submarine commander
had been dismissed from the navy and then re- instated after a 30-day hunger
strike. Before the court martial, Marsaw had a reputation as an exemplary officer
and a tough naval commander who often was given difficult missions. Marsaw's
fall from grace began when military police started an investigation following a
tip that he was allegedly abusing crew members, both physically and verbally.
Marsaw was charged with seven counts of abuse, including one of inserting a
cigar butt into the buttocks of a Royal Navy exchange officer. Marsaw has
challenged the way the military police conducted the investigation. The court
did not indicate when it will hand down its ruling.

-  Appeal decision of the Court Martial Appeal Court:
R. v. Marsaw, 1997 CanLII 17154 (CMAC), <http://canlii.ca/t/ggpvw>,  decision of 10 September 1997; one of the
judges was the Hon. Armand Desroches a former JAG officer and  Judge of the Trial Division of the Supreme Court
 of P.E.I., who had been appointed  a Judge of the COURT MARTIAL APPEAL COURT OF CANADA on 1991-10-10
(PC Number 1991-1962).


- Photo of Dean Marsaw hereunder from MacLeans' magazine article, "Court martial ruled unfair",
22 September 1997, at p. 33 and available at https://archive.macleans.ca/issue/19970922#!&pid=32

Pressing (and holding) the Ctrl key and scrolling
the wheel of the mouse allows to zoom in or out of the web page being viewed

- "Court overturns conviction of submarine commander in crew-abuse case", 10 September 1997, available at
apnews.com/article/ecfc15eb9366b6ea3cc2c3b816b973ca  (accessed 25 September 2020);


- "Canadian Navy is paying former submarine commander Dean Marsaw up to $180,000 and allowing him to
retire with an honourable release rather than lauch another court martial...", Canadian News Facts, 10/1997,
volume 31, issue 18, start page 5572, ISSN: 0008-4565; information obtained from http://yale.summon.serialssolutions.com/
#!/search?ho=t&l=en&q=canadian%20court%20martial, accessed 7 February 2020;

 

- CLARK, M.E. (Mary-Ellen), The court martial of Lieutenant-Commander  Dean Marsaw:  lessons on culture, leadership, and
accountability for the CF, Toronto: Canadian Forces College, 2007, viii, 106 p. (series; Masters thesis (Canadian Forces College;
JCSP/PCEMI 33-12), available at cfc.forces.gc.ca/259/290/293/286/clark.pdf (accessed 20 October 2020);

-----------

Canadian Forces College gates, source:             Mary-Ellen Clark, the author
en.wikipedia.org/wiki/Canadian_Forces_College               Source: canada.ca/en/department-national-defence/services/caf-jobs/life/gtkyf/profiles.html,
                                                                                             and look for year 2015 accessed 22 July 2018                                                                              

Between 1995 and 1996 Lieutenant Commander Dean Marsaw underwent court martial
proceedings over the alleged abuse of his crew on board Her Majesty’s Canadian Submarine
OJIBWA.  Allegations ranged from verbal to physical abuse and included an alleged incident
of sexual abuse of a subordinate on board the boat he commanded. While the media focused
on weaknesses in the Canadian Forces (CF)  military justice system throughout Marsaw’s
court martial, this paper examines the ‘lost story’ concerning the court martial – how key
lessons can be identified for the Canadian Forces in the areas of organizational culture,
leadership and accountability. Marsaw’s court martial represents three key factors in the
relationship between culture, leadership and accountability: the critical role of the leader
as the primary agent who embeds culture in an organization; the historical and leadership
style influences in Canadian submarine culture that impacted Marsaw’s leadership ability;
and at the instruction level, the requirement for external accountability mechanisms due to
failures in the CF’s ability to self-regulate as a profession. The Somalia Commission identified
the need for renewal in the areas of culture, leadership, and accountability during the era of
Somalia and Marsaw, and fundamental changes have taken place in both CF culture and
leadership; however, negligible change has occurred in the realm of accountability. While
the Department of National Defence (DND) and the CF hold to the principles of and
reporting requirements for accountability to the federal government, the CF has failed
to introduce effective changes in the area of accountability for leader behaviour both
at the individual and unit level, proving that the CF has lost its privilege for self-regulation
as a profession of arms until it makes significant changes in this area.” ( p. viii)

-
CANADIAN BROADCASTING CORPORATION [CBC], "On the Beach", The Fifth Estate: Re the  Marsaw Affair,  1 October 1996;

- some blogs after the Fifth Estate airing, an example hereunder:

- by JD, Google Group, on "Navy Injustice", 2 October 1996,
available at groups.google.com/g/can.general/c/DLGSLK-4vi8:

A major injustice is about to be done to a serving officer of the
Canadian Navy. Right now the fate of LCdr Dean Marsaw, former
skipper of the submarine Ojibway, is in the hands of Defence Minister
Collenette, the Col. Klink of Canadian public life.

On Oct. 1, CBC's Fifth Estate detailed Marsaw's case. It resulted in his
court martial conviction, including a recommendation he be kicked out of
the navy. The program described a case built on shaky and contradictory
evidence. Marsaw was accused of abusing members of the sub's crew on
several occasions and in a vareity of ways. The investigation and
subsequent court martial produced a parade of prosecution witnesses who
told conflicting stories that, at a minimum, should have resulted in an
acquittal on the basis of reasonable doubt. When you combine this
doubtful testimony with the strong declarations of other crew members who
lauded Marsaw as a demanding yet fair commander -- someone they said
they would trust with their lives (no small measure of endorsement from a
submarine crew) -- you wonder how the thing even got to the court martial
stage. The charges should have been dismissed outright.

The program cited two possible reasons why they weren't:

1. A few junior officers who felt abused by Marsaw had reason to fear for
their careers in submarines because Marsaw's next assignment was to
establish and run a Canadian submarine commanders course similar to the
esteemed Royal Navy Perisher course that ruthlessly weeds out those unfit
for submarine command. Obviously, if Marsaw had found these officers
wanting when they served under him, they would probably be washed out of
any sub commander's course that he ran. Therefore these junior officers,
who relayed tales of abuse, had reason to want Marsaw sidelined.

2. The senior command of the Canadian Armed Forces wanted an officer's
head on a platter and Marsaw's was conveniently at hand. At the time of
the investigation and trial, lowly Airborne grunt Kyle Brown was the only
one doing time for the Somalia affair. Up to then all officers involved
had escaped punishment leading the public to believe that the military
justice system was harder on enlisted ranks than on commissioned
officers. The Marsaw case was a chance to restore the public's
perception of balance, shaky evidence be damned. The bugger had to walk
the plank.

In addition to the devestation this conviction has caused Marsaw, an
exemplary officer with an impeccable record, and his family, there is the
wider implication for the country of a military command structure and
justice system that appears to be rotten and corrupt. What kind of an
armed forces do we have? Why would any young Canadian want to serve his
or her country in an organization that can so easily and gladly sacrifice
a rising star like Marsaw to the political needs of the moment? No wonder
forces morale is rock bottom.

[for researchers: there are also other blogs about JAG officers in the
above reference, groups.google.com/g/can.general/c/DLGSLK-4vi8]

-  "The fifth estate--Winner 1996 Michener Citation of Merit", michenerawards.ca/english/
picgroups1996/the-fifth-estate-winner-1996-michener-citation-of-merit/:

Source: Library & Archives Canada (e010857360)
CBC producer Michelle Metivier accepts the 1996
 Michener Citation of Merit from Governor General
 Romeo LeBlanc on behalf of the fifth estate.

The CBC-TV current affairs program was honoured for ‘On the Beach’, an
investigation into the court martial of Lt.-Comdr Dean Marsaw who was
found guilty of physical and verbal abuse of his crew members aboard the
submarine Ojibwa between 1991 and 1993. He was stripped of his rank and
dismissed from the navy. The report provided evidence which clearly
demonstrated the naval officer was the victim of a frame-up.

The Citation was presented at the annual Michener Foundation award ceremony
held this year at Rideau Hall on May 1, 1997.

 

- Laurence Hickey, "The Submarine Service: Cross-Connect Open to the Allied System", (July& October 2014)
 24(3&4) The Northern Mariner/Le marin du nord 235-259, available at cnrs-scrn.org/northern_mariner/vol24/tnm_24
_34_235-259.pdf :

    [at p. 259]

. Forthcoming book (December 2020) of interest to military lawyers et al.:

- CARVIN, Stephanie, Thomas Juneau, Craig Forcese, eds, Top Secret Canada: Understanding
the Canadian Intelligence and National Security Community, University of Toronto Press,
2020?, 304 p. (series; IPAC Series in Public Management and Governance World Rights),
ISBN: 9781487525279. 

-

-

- all info from https://utorontopress.com/ca/top-secret-canada-2 (accessed 18 October 2020)

. Have you ever heard about Major T. Perrin, Commanding
Officer of the Royal Canadian Infantry Guard (RCIG), Federal
Army Officer (FAO) to the Canadian Military and Senior Member
to the North American Armies and Affiliated Organizations (NAAAO)?  

-   Also a pop can drive organized by this fictitious,  misleading, and fraudulent Royal Canadian Infantry Guard (RCIG):

(1) It all started with this tweet:

source: www.reddit.com/r/Calgary/comments/90idu7/possible_scam_ive_had_a_guy_from_the_royal/
for the twitter account, see https://twitter.com/tklongmire/status/1020357667720593408

(2)  the flyer

 
source: https://twitter.com/tklongmire/status/1020357667720593408/photo/1

(3) close-up of the actus reus: (in the study of mens rea, the guilty mind, motives are normally
excluded)

(4) some of the comments made on reddit:

from and to read the other comments go to reddit.com/r/Calgary/comments/90idu7/
possible_scam_ive_had_a_guy_from_the_royal/

   (put on line on 17 October 2020 and last amended on 23 October 2020)

. Pets, mascots...does the OJAG have a mascot? 

- 
 China! (pronounced with the Trump's accent and intonation) --
A threat to the national security of Canada! [source: detail, amazon.com/RUMOD-
  Christmas-Uniform-Halloween-Cosplay/dp/B07HRQVWFY, accessed 15 October 2020]




-
The bulldog, the initials "H.M.S."... can't think of anyone else but of Winston Churchill!
 Every officer in the CF or CAF should read Churchill's Memoirs of the Second
World War.

We shall go on to the end. We shall fight in France, we shall fight
on the seas and oceans, we shall fight with growing confidence
and growing strength in the air, we shall defend our island,
whatever the cost may be. We shall fight on the beaches, we
shall fight on the landing grounds, we shall fight in the fields
and in the streets, we shall fight in the hills; we shall never surrender....
(Winston Churchill, the great orator, House of Commons, 4 June 1940)

[source of above image: detail, "Venus, the bulldog mascot of the destroyer HMS Vansittart." © IWM A3998,
atlasobscura.com/articles/weird-war-two-wwii-strange-photographs, accessed 15 October 2020]





-
LCol Henry Smith, 1894 (later Major-General)
appointed first Judge Advocate General on 1 October 1911.

I have done a lot of research on JAG matters but never
found the name of his pet!




-
The well-known Persian cat of François Lareau
"Captain P'tit Mine" in 1979 and still keeping an eye on the military! (photo François Lareau).



-
This photo was put on flickr and taken by Jim Rycroft and is available at flickr.com/photos/xjag/
albums/72157623951146254 and flickr.com/photos/xjag/4431570831/in/album-72157623951146254/ (accessed 16 October 2020);



-
The adopted mascot in front; this photo was put on flickr by Jim Rycroft and is available at flickr.com/
photos/xjag/4527721693/in/album-72157623951146254/ (accessed 16 October 2020)



Does the OJAG have a mascot?   Would it help the morale of its officers?

(put on line 16 October 2020 and last amended 21 October 2020)

. Military law and the law of war in Callot's etching

The artist

Jacques Callot, 1592-1635, (français) (English), source of image:
gallica.bnf.fr/ark:/12148/btv1b8403180c?rk=64378;0





The etching


Jacques Callot, 1592-1635, né à  Nancy, duché de Lorraine, L'arbre aux pendus, 1633, gravure, eau-forte, partie de la série
Les  Misères et les Malheurs de la guerre [de Trente Ans, 1618-1648]
Image source: sarah-sauvin.com/index.php?option=com_virtuemart&view=productdetails&virtuemart_product_id=249&virtuemart_category_id=28&lang=en


Context

- The Thirty Years' War, 1618-1648, and more precisely the Swedish period 1630-1635
- Location la Lorraine (Callot is from Nancy in Lorraine)
- Execution of mercenaries from the Swedish army

- The text at the bottom of the image is from Michel de Marolles and reads:

À la fin ces voleurs infâmes et perdus,
Comme fruits malheureux à cet arbre pendus
Montrent bien que le crime horrible et noir engeance
Est lui-même instrument de honte et de vengeance,

Et que c'est le destin des hommes vicieux
D'éprouver tôt ou tard la justice des cieux.

------

Finally these infamous and abandoned thieves,
hanging from this tree like wretched fruit,
show that crime (horrible and black species)
is itself the instrument of shame and vengeance,

and that it is the fate of corrupt men
to experience the justice of Heaven sooner or later.
https://www.artic.edu/artworks/23112/the-hanging-plate-eleven-from-the-miseries-of-war

- Comment by Raissis, Peter, "About Jacques Callot", 2014, available at artgallery.nsw.gov.au/collection/works/DO10.1963.11/:

Callot’s series is less an indictment of war than a moral tale
about the unhappy consequences that befall the undisciplined
soldier. ... Other prints focus on the radical corrections
administered by the military to corrupt soldiers: ...
in another, executed men hang from the boughs of a tree,
the shocking spectacle belied by Callot’s refined touch and the
measured elegance of the composition at large.
[at chapter 25, p. 722]

- Extrait d'un texte "Visite du musée Lorrain", disponible à etudier.com/dissertations/Visite-Du-Musee-Lorrain/71198092.html

La guerre de 30 ans ...correspond aux deux tiers du XVIIème siècle.
Caractérise par l’affrontement entre la puissance des Habsbourg qui à l’époque
doivent faire face à une révolte des princes protestants allemands. Alliés : roi de
Suède et le roi de France. ...

Bande de mercenaires, recrutés et payés pour faire la guerre. Lorraine va être
traversée en permanence par ces mercenaires. Ils incendiaient les villages et les
petites villes qu’ils traversent. La Lorraine va perdre un peu près la moitié de
sa population. Jacques Callot il a laissé un précieux témoignage de la guerre
de cent ans sur notre territoire.

-  Extrait  de "Guerre de Trente Ans", voir la partie "La période suédoise", disponible à fr.wikipedia.org/wiki/Guerre_de_Trente_Ans#La_p%C3%A9riode_su%C3%A9doise_(1630-1635)

Gustave Adolphe [roi de Suède] est un génie militaire⁴⁸. Il commence par éviter
le combat contre l’armée de Tilly, afin de lui ôter l’initiative. [...] L’armée
impériale est écrasée. Gustave Adolphe poursuit son avancée vers le sud,
combattant à plusieurs reprises l’armée impériale reconstituée.  Les pays sillonnés
sont dévastés, les Suédois atteignant la Franconie, l’Alsace, la Lorraine [...].

-  Voir les commentaires sur Callot au site http://www.sarah-sauvin.com

Loin de condamner les guerres ou de mettre en cause leur légitimité, les Misères ont en
réalité pour thème la discipline des soldats en temps de guerre : « l’œuvre de Callot est
composée pour démontrer combien la discipline des soldats et le respect du territoire
occupé ou conquis doit être le souci constant de ceux qui ont mission de commander les
armées ». (Marie Richard [Jacques Callot, Une œuvre en son temps, Les
Misères et les Mal-heurs de la guerre, 1633, Nantes, 1992], p. 5-6), sarah-sauvin.com/index.php?
option=com_virtuemart&view=productdetails&virtuemart_product_id=249&virtuemart_category_id=28&lang=fr

Far from criticising wars or casting doubt on their legitimacy, the Misères actually deal
with soldiers’ discipline in wartime: “Callot’s œuvre is calculated to demonstrate how
much the discipline of soldiers and respect for occupied or conquered territories should
be the constant concern of those whose mission it is to command armies.” (Marie Richard
[Jacques Callot, Une œuvre en son temps, Les Misères et les Mal-heurs de la guerre, 1633,
Nantes, 1992], pp. 5-6, our translation), sarah-sauvin.com/index.php?option=com_virtuemart&view=
productdetails&virtuemart_product_id=249&virtuemart_category_id=28&lang=en

-  Pour aller plus loin sur la Guerre de Trente ans en Lorraine:

Philippe Martin, 1961-, Une guerre de trente ans en Lorraine, 1631-1661, Metz: Ed. Serpenoise,
2002, 383 p., ISBN: 2-87692-550-8; note autre tirage en 2007;  livre à lire par moi!

Michel, Guy-Jean et al., Les Misères de la guerre de Trente ans en Lorraine, Marseille : Institut
Coopératif de l'Ecole Moderne, 1975, 40 p.; Cannes : L'Imprimerie à l'école, [s.d.], 40 p. collection:
 Bibliothèque de travail. 804; livre à lire par moi aussi!

First detail on the left: an officer showing the executions to the troops -- Deterrence!

Detail of sarah-sauvin.com/index.php?option=com_virtuemart&view=productdetails&virtuemart_product_id=249&virtuemart_category_id=28&lang=en


Military law and the punishments exist to maintain discpline.  The officer on the left
is showing the executions to the troops for the deterrent effect of punishment.

The soldiers, thieves, are being punished because they are not supposed to attack civilians.


See  Wolfthal, Diane,  “Jacques Callot’s Miseries of War” (1977) 59(2) Art Bulletin 59 (June): 222–233, at 232;
to be read by me;

Second detail examined:  under the tree: the game of dice 

Two persons playing a dice game on a drum

1) Only one will survive!  Why?  Decimation, a principle from roman
military law.

Decimation
Decimation (Latin: decimatio; decem = "ten") was a form of Roman military
discipline in which every tenth man in a group was executed by members of his
cohort. The discipline was used by senior commanders in the Roman Army to
punish units or large groups guilty of capital offences, such as cowardice, mutiny,
desertion, and insubordination, and for pacification of rebellious legions. The
word decimation is derived from Latin meaning "removal of a tenth".^[1]
he procedure was an attempt to balance the need to punish serious offences with
the realities of managing a large group of offenders.^[2]

2)  The use of dice in swedish criminal law, see the article by Per Binde, Ph.D., Associate Professor, School of Global Studies,
University of Gothenburg, "Games of life and death: The judicial uses of dice in eighteenth
and nineteenth-century Sweden", UNLV Gaming Research & Review Journal, volume 18 Issue 1,
pages 1-23,  available at digitalscholarship.unlv.edu/cgi/viewcontent.cgi?article=1300&context=grrj;

Three separate principles can be distinguished in the judicial uses
of throwing dice in eighteenth and nineteenth-century Sweden:
cost-effective deterrence, lottery of pardon, and guilt-revealing
cleromancy. The first principle guided the laws about decimation
and similar practices, while the two other principles applied,
respectively, to the official rationale for and to the unofficial
beliefs about the throwing of dice to decide punishment in cases
of manslaughter with several perpetrators. The judicial dice games
of life and death were not gambling in the proper sense of the term,
as the players were forced to participate. The games, however,
resembled gambling in other respects: dice were used, a game
was played according to particular rules, there were winners and
losers, and while the winners gained something of value (reprieve
from execution) the losers lost something of value (their lives).
Furthermore, perceptions of risk and chance were evoked, the
issue of rationality in decision making was raised, and notions
of luck, fate, and supernatural power were evoked. More generally,
just like modern commercial gambling, the judicial dice games
caught the interest of the public, stimulated the popular imagination,
and were contested politically and ideologically.

From https://www.1618-1648.eu/erdhart-1645/i-sad-card-game.html:

Military Law (and Order)

The disassociation of soldiers with civilians began in the 16th century, soldiers
were seen less and less as citizens and more and more as separate entities. Armies
therefore adopted the practice of maintaining order with their own laws and judges.
This practice had changed very little by the time of the thirty years war, but the war
itself would extensively evolve military law interpretations well into the 17th and
18th centuries. Simply outlined, the responsibility of maintaining order fell to the
regimental level.

....

Rules were often bent, for example there was a practice of promising soldiers the
plunder of conquered cities. This in fact was often the only motivation to encourage
soldiers to attack heavily defended fortifications. The same practice was often applied
to enemy territory. This would redefine a more selfish pursuit for wealth, into a
sanctioned plundering. With looting being a crime and plundering being a strategy, a
distinction was mandated. This is an example of one of the many legal paradoxes of
the time. Another example would be that during a campaign, with death a constant
companion, overzealous executions could do more harm than any enemy. What would
the sentence be therefore if there were for example a dozen offenders? To execute them
all would deplete the morale of the unit, as well as cripple its battle readiness. In these
cases it was a common practice to select only a couple exemplary offenders for punishment.
Selection could be decided by chance, or by the fate of game. Severity or leniency could be
decided, for example, in a game of dice. This scene is a classic motive on painting from
this period, it became most “popular” thanks to the engraving by Jacques Callot.

From C. Knutson, "Early Games of  Dice", 1999,  available at https://i.4pcdn.org/tg/1517098214958.pdf

Condemned soldiers dicing to determine who
will be next.  Detail from Jacques Callot's series
of etching entitled "The Miseries of War", 1933.

From:  Iris Ridder, University of Dalarna,  from "Dicing towards Death: An Oracle Game for Miners at the Falun Copper Mine from the Early Seventeeth Century",
available from http://www.diva-portal.org/smash/get/diva2:853514/FULLTEXT01.pdf

Conclusion: Dicing towards Death

During older times, ecclesiastical jurisdiction, just like secular
courts, used dice for judging where a life was at stake in various
situations,56 as well as for resolving contention and disputes.
In Swedish, we know of the words decimate and decimation,
which are related to the Latin word for ten, decem. Decimation
originally denotes a military punishment frequently used in the
Roman army on military units that had been guilty of mutiny or
cowardice before the enemy. In order not to execute the whole
unit and thereby weaken the army, they chose to execute every
tenth man by letting the lottery decide who would die. Decimatio
as a punishment was used in exceptional cases, and primarily
when it was impossible to find out whom in a group was responsible
for a reprehensible act. Sometimes the lottery was used to choose
every twentieth (vicesimatio) or every hundredth (centesimatio)
soldier for the death penalty, and the others were punished more leniently.
To maintain discipline, particularly in connection with mutiny or revolt,
this punishment was also used in war-related situations after Roman
times, and is also known in the Swedish military history context. Gustav
Adolf decreed decimation as the punishment for desertion or the like
in the Articles of War from 15 July 1621 (article 74). This punishment
was probably used even earlier in Sweden.57

To go further/Pour aller plus loin:

Stollberg-Rilinger, Barbara, "The Throw of the Dice", 2019, see https://onlinelibrary.wiley.com/doi/abs/10.1002/germ.201870306; to be read by me also!

Abstract
In early modern Europe, many things were decided by casting
lots – from the distribution of assets to punishments and even
elections to public office. When understood as a communicative
process and a symbolic practice of a particular time, this method
of decision‐making also forms part of the mosaic of political
cultural history.

Mia Korpiola and Anu Lahtinen, Cultures of Death and Dying in Medieval and Early Modern Europe, at p. 146,
 available at http://www.helsinki.fi/collegium/journal/volumes/volume_18/Death%20and%20Dying%20in%20Medieval%20and%20Early%20Modern%20Europe.pdf

Hans Andersson, 1936-, "Mutinies in the Swedish Army during Three Centuries", see scribd.com/document/31654733/Mutinies-Paper; to be read by me also!

Hans Andersson, Court Martials and Mutinies: Military Legal Culture in Early Modern Europe, Lund : Nordic Academic ; Cardiff : Drake, 2003, 280 p.;
see https://www.amazon.sg/Court-Martials-Mutinies-Military-Culture/dp/918911664X; to be read by me also!

What has been the prevailing ethos of law and justice within the military
in Sweden? Defence and the judicial system were extremely important
during the building of the modern state. The basis for both the civil and
the military judicial systems was laid down during the early 17th century.
In many respects, the development of military legal practice preceded
that of civil legal practice. Such as is the case, for example, with the
Karl XI war articles from 1683, which became the basis for the law of
1734. In this anthology the authors have mapped and analysed criminality
and case law in the Swedish military court system between 1600 and 1820.
Emphasis has been placed on what figures were present in the military
courts, how the military and civil judicial systems related to each other,
and what opinions and values on law and justice existed amongst the military.

Callot's influence on Jan van Huchenburg

Jan van Huchtenburg, 1680 - 1720, oil on canvas,  67.5 cm (h) ×  76 cm (w)  x 8 cm (d)
title of painting varies in English: Dice Game at the Gallows; Casting the Dice for Life or Death; the dice game for life,

image source: pixels.com/featured/dice-game-at-the-gallows-jan-van-huchtenburg-litz-collection.html
and text at www.alamy.com/casting-the-dice-for-life-or-death-the-dice-game-for-life-two-prisoners-dice-on-a-drum-outside-a-
fortress-a-group-of-officers-and-soldiers-gathered-around-the-players-on-the-left-soldiers-watch-from-a-fortress-wall-on-the-right
-a-gallows-jan-van-huchtenburg-1680-1720-canvas-oil-paint-paint-h-675-cm-w-76-cm-d-8-cm-image261409791.html

Research on Callot leads us to the "Drum-Head Court Martial" --
see our blog hereunder of 30 July 2019.

A Drum-Head Court Martial, 1861-11-30, Civil War Era Collection, U.S.A., Special Collections
and College Archives, Gettysburg College.

"Description: A court martial is performed for a captured deserter, but all involved have heads
or bodies that are drums. Many court martials were initiated or called simply to prove a point
to the green armies. It was a show of noise so that all soldiers knew the consequence of desertion."
[source: gettysburg.contentdm.oclc.org/digital/collection/p4016coll2/id/143/, accessed 30 July 2019]

image source: qqcitations.com/citation/102076
. Will the JAG submit its independent review under
  section 273.601 of the NDA on time (at the latest on 1 June 2021)?

(put on line for this blog on 7 October 2020)

. I got a link for a rare document on military law!

With the help of my MP office, David McGuinty, Liberal, Ottawa South, his executive assistant Jenny Hooper and the Parliamentary Library, I was able to find the digital link for the following rare document:

PARLIAMENT, House of Commons, Special Committee on Bill No. 133 An Act Respecting National Defence, Minutes of Proceedings and Evidence: Special Committee on Bill No. 133 on Act Respecting National Defence, Ottawa: Edmond Cloiutier, King's Printer, 1950; eight numbers, No. 1 dated 23 May 1950 to No. 8 dated 6 June 1950, 360 p.; NOW AVAILABLE at http://parl.canadiana.ca/view/oop.com_HOC_2102_3_1/1?r=0&s=1, accessed on 24 August 2020.

Among the witnesses who testified at that Special Committee were: Commander P.H. Hurcomb, Judge Advocate of the Fleet; Brigadier W.J. Lawson, E.M., Judge Advocate General; Wing Commander H.A. McLearn, Deputy Judge Advocate General (and a future JAG);  Major J.H. Ready, Assistant Judge Advocate; Major W.P. McClemont, K.V., E.D., Assistant Judge Advocate General;  and Mr. C.M. Drury, CBE, DSO, ED, Deputy Minister of National Defence.

(put on line for this blog on 25 August 2020)  

. Le Directeur de poursuites militaires v. Le juge militaire en chef adjoint, Cour fédérale, numéro T-1151-19,  2019

-  Avis de demande, No. T-1151-19, 16 juillet 2019; disponible à http://www.lareau-legal.ca/Dutil26July2019.pdf, demande de certiorari et de mandamus concernant la décision du juge D'Auteuil et son jugement dans l'arrêt de la cour martiale du juge en chef Mario Dutil; 

- Affidavit de Larry Langlois,  disponible à http://www.lareau-legal.ca/AffidavitLanglois2019.pdf;

. Military Art: The "Drum-head court-martial"

A Drum-Head Court Martial, 1861-11-30, Civil War Era Collection, U.S.A., Special Collections
and College Archives, Gettysburg College.

"Description: A court martial is performed for a captured deserter, but all involved have heads
or bodies that are drums. Many court martials were initiated or called simply to prove a point
to the green armies. It was a show of noise so that all soldiers knew the consequence of desertion."
[source: gettysburg.contentdm.oclc.org/digital/collection/p4016coll2/id/143/, accessed 30 July 2019]

The meaning of a drum-head court martial, see:

Source: Chambers's Encyclopaedia: A Dictionary of Universal Knowledge, Volume 4,
1889,  at p. 97, available at https://books.google.ca/books?id=qZtAAAAAYAAJ&pg=PA97&lpg=PA97&dq=%22drum-head+court+martial%22
+meaning&source=bl&ots=3ep3YmB8hn&sig=ACfU3U3pYjuFtB3WGds8bZ9_mxMLfb6VaQ&hl=en&sa=X&ved=2ahUKEwj196TGu93j
AhWrUt8KHdNPBxkQ6AEwCXoECAYQAQ#v=onepage&q=%22drum-head%20court%20martial%22%20meaning&f=false, accessed 30 July 2019


(put on line on 30 July 2019)

----------


Images ajoutées subséquemment: le 11 octobre 2020

More on the meaning of a drum-head court martial:


YouTube go to https://www.youtube.com/watch?v=NpWCC29kamg
 

A drumhead court-martial is a court-martial held in the field to hear urgent charges of
offences committed in action. The term sometimes has connotations of summary justice.
The term is said to originate from the use of a drumhead as an improvised writing table.
From https://en.wikipedia.org/wiki/Drumhead_court-martial

More paintings:



Charles Hunt the Younger, 1829-1900, A drumhead court martial 1871,  oil,  71 x 91 cm. (28 x 35.8 in.),
image source: artnet.com/artists/charles-hunt-the-younger/the-court-martial-kYz-TCPA1e93RkOVwKwfGw2, accessed 9 October 2020.





Charles Hunt the Younger, 1829-1900, The Court Martial 1872,  oil,  61.3 x 91.8 cm. (24.1 x 36.1 in.,
image source: artnet.com/artists/charles-hunt-the-younger/the-court-martial-kYz-TCPA1e93RkOVwKwfGw2, accessed 9 October 2020.




John Pettie, 1839-1893, born in Scotland,  The Drumhead Court Martial, Sheffield Museums
source: artuk.org/discover/artworks/the-drumhead-court-martial-71579/search/actor:pettie-john-18391893/page/5

DEPARTMENT OF NATIONAL DEFENCE, Amendments to the National Defence Act, Bill C-77, An Act to amend the National Defence Act and to make related and consequential amendments to other Acts -- Clause by clause analysis, 423 p., obtained by François Lareau under Access to Information Act, answer to Department of National Defence, Access to Information and Privacy, File A-2018-01698, dated 21 February 2019; put on line at  http://www.lareau-legal.ca/A-2018-01698.pdf on 27 February 2018, followed by the French version--suivi de la version française: FRENCH VERSION FOLLOWING ENGLISH VERSION ---FRANCAIS À LA SUITE DE LA VERSION ANGLAISE :
MINISTÈRE DE LA DÉFENSE NATIONALE, Modifications à la Loi sur la défense nationale,  Projet de loi C-77 -- Loi modifiant la Loi sur la défense nationale et apportant des modifications connexes à d'autres lois-- Analyse article par article, 423 p.; texte obtenu par François Lareau suite à une réponse sous la Loi sur l'accès à l'information, Ministère de la défense nationale et de la vie privée, dossier A-2018-01698, daté le 21 février 2019; mis en ligne à http://www.lareau-legal.ca/A-2018-01698.pdf le 27 février 2019; 

(put on line 27 February 2019)

. What will the public know about military law and the trial of Colonel Dutil?

Captain "ptit mine", , told me to write to the 4 independent authorities at JAG about the proceedings regarding Colonel Dutil:

 

Pressing (and holding) the Ctrl key and scrolling
the wheel of the mouse allows to zoom in or out of the web page being viewed


[Subsequent research note, see: "Décision sur la demande en récusation formulée par
l'accusé [le juge en chef, le colonel Mario Dutil] à l'égard du juge militaire
[le lieutenant-colonel Louis Vincent D'Auteuil] président la cour martiale",
disponible à M. Dutil (Colonel ), R. c., 2019 CM 3003 (CanLII),
 <http://canlii.ca/t/j120t> (consulté le 20 juin 2019)]

Pressing (and holding) the Ctrl key and scrolling
the wheel of the mouse allows to zoom in or out of the web page being viewed

. Appeal to the Supreme Court of Canada -- Beaudry-- recent documents

- 2 October 2018, Col. MacGregor's letter in reply to the response of Mr. Beaudry's lawyers to his Motion to join cases and abridge time, available at  http://www.lareau-law.ca/Beaudry4.pdf

- 1er octobre 2018, Réponse par lettre des avocats de M. Beaudry à la requête pour joindre les dossiers et abréger les délais, disponible à http://www.lareau-law.ca/Beaudry2.pdf 

- 28 septembre 2018, Réponse des avocats de M. Beaudry sur la requête en sursis d'exécution du jugement sous appel, disponible à http://www.lareau-law.ca/Beaudry3.pdf

- 21 September 2018, Notice by Col. MacGregor of a Motion to a Judge -- Request to Suspend the Declaration of Invalidity, available at  http://www.lareau-law.ca/Beaudry1.pdf

other documents
- Beaudry v. R., 2018 CMAC 4 (CanLII), <http://canlii.ca/t/hv7bf>, 19 September 2018
- SCC Docket Beaudry case number 38308, at https://www.scc-csc.ca/case-dossier/info/dock-regi-eng.aspx?cas=38308
- Section 65.1 of the Supreme Court Act
- Rule 47 of the Rules of the Supreme Court of Canada

(put on line on 4 October 2018)

Image source: http://www.forces.gc.ca/assets/FORCES_Internet/docs/en/jag/jag-annual-report-11-12.pdf, at p. 15
Pressing (and holding) the Ctrl key and scrolling  the
wheel of the mouse allows to zoom in or out of the web page being viewed 

. Justice Cromwell the magician with words  

The symposium included 5 speakers who spoke various aspects of Cromwell’s work. .... This was followed by our
own Professor Lisa Kerr, who spoke to his contributions in the area of public interest standing. Kerr noted that
Justice Cromwell had accomplished what she referred to as a “judicial fantasy” – which is to say that he made a
significant change to the law whilst simultaneously appearing to do nothing at all – by reformulating the test for
public interest standing despite changing only two words.

. JAG Business Plans for Fiscal Year 2018-2019 and 2017-2018

OFFICE OF THE JUDGE ADVOCATE GENERAL:
- JAG Business Plan Fiscal Year 2018-2019; and
- JAG Business Plan Fiscal Year 2017-2018;
[obtained under DND Access to Information Act Request file A-2018-00334, letter dated 12 June 2018; put on line at http://www.lareau-legal.ca/A-2018-00334.pdf on 16 June 2018]

. Une caricature de 1919

"La discipline militaire",  Le canard, Montréal, dimanche, 28 septembre
1919, 43e année, numéro 6, p. 14, BAnQ, Collection nationale, MIC A946
source: erudit.org/fr/revues/cdd/2016-n70-cdd02912/1038746ar.pdf, consulté 6 juin 2018

. At the Stadacona Chapel in Halifax on 18 December 1976

I got married on that day!  From the left:
Capt Bill Fenrick, my best man and one of my witnesses,
me and Gisèle Bellemare, a captain and nurse in the CF.

P.S.: yes I am still married with Gisèle!

. Is the SCC Moriarity decision a good decision? -- Part I

(put on line 28 May 2018)

Chief military Judge Mario Dutil
Image source: thelawyersdaily.ca/articles/5770/chief-military-judge-dutil-facing-new-allegations- 

. Who is the commanding officer of military judges with respect to discipline?

On 19 Januarty 2018, the CDS has designated the officer "appointed to the position of Chief of Programme (C Prog) and who holds a rank not below Major-General/Rear-Admiral, to exercise the powers and jurisdiction of a commanding officer with respect to any disciplinary matter involving a military judge on the strength of the Office of the Chief Military Judge", see the following documents: Ministerial Organization Order, Canadian Forces Organization Order and Designation of Commanding Officers, documents obtained by François Lareau with Letter (file A-2017-01754) dated 23 March 2018 from the Director, Access to Information and Privacy; available at http://www.lareau-law.ca/ChiefMilitary2Judge.pdf (put on line on 2 April 2018);

(put on line 2 April 2018)

. Who will be the next Judge Advocate General?  The current JAG retires in late June 2017

I don't think that Létourneau was happy with the tenure of Cathcart as JAG:

Gilles Létourneau

Toute bonne chose a une fin

All good things must come to an end. This is also true of bad things. According to
critics and observers of military justice, it appears that the appointment of the current
Judge-Advocate General of the Canadian Armed Forces was the appointment of the
wrong person, at the wrong position, at the wrong time. Due to leave his position in
this coming June, it is hoped that the new incumbent will be open to the important
changes that have been made in recent years with success and without prejudice to
the need for good order and discipline in the military.
[Gilles Létourneau dixit in a recent blog, 11 May 2017]

Cathcart has also recently responded to the criticism:

Blaise Cathcart

“Our Canadian system of military justice is world class” ...
Blaise Cathcart told The Lawyer’s Daily. Cathcart said
countries like Australia and New Zealand look to Canada
as a leader on military law and justice.

Before Cathcart departs, he said he will deliver to the Defence
minister his recommendations for improving the efficiency,
effectiveness and legitimacy of Canada’s court martial system,
based on the results of a statutorily mandated comprehensive
internal legal and policy review by the Office of the JAG that
began last summer.

“It’s the legitimacy piece that is sort of my main focus ... because
of what I think is a small, but vocal, criticism that ‘We’re not legitimate.
We’re second-rate. We’re rinky-dink,’” the JAG said. “It’s false.”
 [Cristin Schmitz, "Canada's outgoing judge advocate general fires back
at critics", 7 May 2017]

(posted 12 May 2017)

. Courts martial have a long history in this world!

L. FIORILLO [the photographer] Court martial in Alexandria after the
bombardment.  July 1882.  The army rebellion of 1881 led by
Arabi Pasha against the Anglo-French Condominium
administering Egypt quickly gathered force, and, in the face
of widespread violence against Europeans in Alexandria, a
British fleet under the command of Vice Admiral Sir
Frederick Beauchamp Seymour commenced a ten hour
bombardment of the city on July 11 1882.  After the destruction
of the waterfront fortifications and the retreat of Arabi Pasha's
army, marines landed in the city to restore order, with
instructions that looters were to be flogged and incendiaries
caught in the act were to be shot.  The photographer L.
Fiorillo afterwards issued a volume of photographs entitled
Album souvenir d'Alexandrie: Ruines, a  grim record of the havoc
wreaked by the bombardment.

(posted 8 April 2017)

. Are you interested in military comparative Law (from the land of TRUMP)?

U.S.A., Department of the Army et al., Legal Support to Military Operations, Joint Publication 1-04, 2 August 2016; available at tjaglcspublic.army.mil/documents/27431/95918/JP+1-04%2C+Legal+Support+to+Military+Operations.pdf/a92afdf8-0037-4328-a02e-8a8dc8069995, https://tjaglcspublic.army.mil/fcd, http://www.dtic.mil/doctrine/new_pubs/jp1_04.pdf  and http://www.jag.navy.mil/distrib/instructions/JP1-04_Legal_Support_to_MILOPs.pdf (accessed 7 April 2017); and

USA, Department of the Army, Headquarters, FM-1-04, Legal Support to the Operational Army, available at tjaglcspublic.army.mil/documents/27431/95918/FM+1-04%2C+Legal+Support+to+the+Operational+Army.pdf/f7b48c72-c3a4-4aee-a475-e24613ddb0f8 and tjaglcspublic.army.mil/fcd (accessed 7 April 2017)

(posted 7 April 2017)

.. Do you know your military history -- British and Canadian?

On 14 March 1757, Admiral John Bying was executed following his court martial

The Admiral was the great-great-great-uncle of the Governor General of Canada Viscount Bying of Vimy:

(posted 31 March 2017)

Le Radeau de la Méduse / The Raft of the Medusa, huile/oil, 1818-1819
par/by Théodore Géricault

. DND/CF could kill innocent Canadians...where is the
 law?

My comments come after reading the article of Kristen Everson, "Classified documents reveal crucial moments in response to 9/11-style attack:  Authorities would have just minutes to decide whether to shoot down a hijacked plane", CBC News/Politics, 1 March 2017, available at  http://www.cbc.ca/news/politics/sept-11-classified-documents-airline-attacks-1.4011750

Now....Imagine a Canadian aircraft with more than 100 Canadian passengers hijacked by an armed insane person.  The intent of the mad hijacker is to crash the aircraft in the House of Commons building....the order is given to shoot the aircraft down...

 This is a well known subject for lawyers interested in a General Part of a modern Criminal code.   Most of the aspects of the problem fall under the discussion of the defence of necessity.   In 1984, the Supreme Court of Canada dealt with that defence (duress as an excuse being a form of necessity as an excuse) in the Perka  decision. On the work on the General Part, see   Chronology -- Towards a Modern General Part of a New Criminal Code?

In 2010, Colonel Rob Holman, Office of the Judge Advocate General wrote a thesis -- Law Enforcement, the Rogue Civil Airliner and Proportionality of Effects: An Analysis of International Human Rights Law -- touching on this topic.

The defence of necessity is still a matter that remains to be codified under the leadership of the Department of Justice Canada.

(posted 24 March 2017; amended 7 May 2019)

. Know more about the law for Prisoners of War

National Defence, Prisoner of War Handling Detainees and Interrogation & Tactical Questioning in International Operations, B-GJ-005--110/FP-020, dated 2004-08-01, available at  http://www.lareau-legal.ca/A-2015-00720.PDF (put on the internet on 7 March 2017); obtained as a result of an Access to Information Act request, National Defence, Access to Information and Privacy letter, 19 January 2017, file A-2015-00720 (put on the internet on 7 March 2017), see http://www.lareau-legal.ca/ATI-2015-00720.pdf;

(posted 9 March 2017)

. Training Plan, Legal Officer Qualification and Master Lesson Plan

(Posted 22 February 2017)

Abstract

        Il y a un endroit où un citoyen canadien peut être envoyé en détention pour 30 jours, par quelqu’un qui n’est pas juge,
 sans être représenté par avocat et sans avoir un véritable droit d’appel. Il s’agit du système de procès sommaire des Forces
armées canadiennes. La présente thèse analyse ce système et suggère des réformes. Elle est destinée à ceux ayant un intérêt
d’améliorer l’administration de la justice militaire au niveau des unités mais veulent suffisamment saisir les enjeux avant de
procéder.

           Selon une approche juridique classique, aidée d’éléments d’histoire du droit et de droit comparé, la présente recherche
débute en fixant la justice militaire dans l’espace juridique canadien. Le chapitre introductif explique également les concepts
fondamentaux, au premier chef le maintien de la discipline, notion plus large pour laquelle le procès sommaire est un outil
de dernier recours. Le deuxième chapitre décrit le système actuel. Un aperçu de son évolution historique est d’abord présenté.
Ensuite, chaque étape du processus est démystifiée, de l’enquête à la révision.

Dans le troisième chapitre, les violations potentielles à la Charte sont identifiées, mettant l’accent sur celles posant
le plus grand risque constitutionnel: le manque d’indépendance judiciaire, l’absence de transcrit de l’audition, l’insuffisance
du droit à l’avocat et la disparité de traitement entre les grades. Le quatrième chapitre présente les alternatives qui ont
été adoptées pour faire face à des défis analogues. Ces alternatives proviennent tant des Forces canadiennes que de juridictions
militaires étrangères de pays de common law et de droit civil.

Le cinquième chapitre analyse si ces violations ne pourraient pas être néanmoins justifiées dans une société libre et
démocratique.  Sa conclusion est que, en présence d’alternatives raisonnables, il serait difficile de convaincre un juge que le
système actuel constitue une limite légitime aux garanties judiciaires.

Le dernier chapitre présente des options pour faire face à ces défis. D’abord, un regard critique est porté sur la première
approche, celle de la ‘dépénalisation’, adoptée par le gouvernement dans le récent projet de loi C-71. Ensuite, des mesures sont
recommandées pour mettre en œuvre la seconde approche, celle de la ‘judicialisation’. Ces mesures ne visent pas qu’à renforcer
la constitutionnalité du système, mais plus encore d’améliorer l’administration de la justice militaire dans un souci de promouvoir
les droits des militaires.

Copyright © Pascal Lévesque, 2016

-------------

Abstract

           There is a place where a Canadian citizen can be sent to 30 days detention, by someone who is not a judge, without being
represented by counsel, and without having a meaningful right to appeal. It is the summary trial system of the Canadian Armed
Forces. This thesis analyses that system and suggests reforms. It is aimed at those who have an interest in improving the administration
of military justice at the unit level but want to sufficiently understand the issues before doing so.

Through a classic legal approach with elements of legal history and comparative law, this study begins by setting military
justice in the Canadian legal firmament. The introductory chapter also explains fundamental concepts, first and foremost the broader
notion of discipline, for which summary trial is one of the last maintaining tools. Chapter II describes the current system. An overview
of its historical background is first given. Then, each procedural step is demystified, from investigation until review.

Chapter III identifies potential breaches of the Charter, highlighting those that put the system at greater constitutional risk:
the lack of judicial independence, the absence of hearing transcript, the lack of legal representation and the disparity of treatment
between ranks. Alternatives adopted in the Canadian Armed Forces and in foreign jurisdictions, from both common law and civil
law traditions, in addressing similar challenges are reviewed in Chapter IV.

Chapter V analyses whether the breaches could nevertheless be justified in a free and democratic society. Its conclusion
is that, considering the availability of reasonable alternatives, it would be hard to convince a judge that the current system is a
legitimate impairment of the individual’s legal rights.

The conclusion Chapter presents options to address current challenges. First, the approach of ‘depenalisation’ taken by
the Government in recent Bill C-71 is analysed and criticised. The ‘judicialisation’ approach is advocated through a series of
16 recommendations designed not only to strengthen the constitutionality of the system but also to improve the administration
of military justice in furtherance of service members’ legal rights.

Copyright © Pascal Lévesque, 2016

Alexander the Great, the military genius

 

As well, Stein and Lang report that the Canadian Forces’ Judge Advocate General was of the
opinion that in escorting American  shipping bound for Iraq, Canada was in danger of being
considered a belligerent in the conflict.  They also report that he was “not very popular” with
the CDS as a result.  General Henault has subsequently confirmed that he was less than satisfied
with JAG's interpretation as he wished to continue having Canada command TF 151.  He also
noted that the contributing navies continued to support TF 151 and Canada’s command of same.  ....

Subsequently, and entirely in accordance with the Chief of Defence Staff’s
wishes, the issue was indeed brought to the Prime Minister’s  [Jean Chrétien's] attention where
he made the final decision to continue Canada’s command of the Task Force. Anecdotally, the Prime
Minister is reported to have acknowledged the legal complexity of the issues, stating that
they could bring in twenty lawyers and divide them into two teams to resolve the issue whereupon
they would argue for several years. Alternatively, he was prepared to make a decision right now
and did so in favor of continuing Canadian command of Task Force 151.
[Source: LEHRE, Eric J., 1949-, Canada-US Military Interoperability at what Cost Sovereignty?,
thesis submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy, Dalhousie
University Halifax, Nova Scotia, August 2012, at p. 289.]

"Canada's foremost historical illustrator and muralist, C.W. Jefferys was also
a pioneer in Canadian landscape painting, whose advocacy of a genuine native
style and subject-matter helped lay the groundwork for the Group of Seven
and their followers.  Born in England, he worked in New York as a newspaper
artist-reporter in the 1890s, returned to Toronto in 1901, and devoted the rest
of his life to the depiction of his adopted country's history and geography."

(Stacey, Robert, 1949-, National Gallery of Canada, C.W. Jefferys, Ottawa : National Gallery of Canada, 1985, 94 p. : ill. (some col.); 23 cm. SERIES:
Canadian artists series; 10. NOTES: Issued also in French under title/aussi publié en français sous le titre: C.W. Jefferys. Bibliography: p. 93-94, ISBN:
0888845294, ISSN: 0383-5405)

. Une visite du Colonel honoraire du JAG

Source: 

"Le Colonel honoraire du juge avocat général (JAG) des Forces armées
canadiennes, le Colonel John Hoyles, accompagné d’une délégation du
JAG du 5e GBMC, a visité le 1er Bataillon du Royal 22e Régiment le 3
juin 2016. Le Colonel Hoyles est présentement le chef de la direction de
l’Association du Barreau canadien. Cette association représente 37 000
avocats, juges et notaires à travers le Canada. Dès son arrivée au bataillon, le
Colonel fût reçu [...]" --lire la suite à  https://fr-ca.facebook.com/1erR22eR-1er-Bataillon-Royal-22e-R%C3%A9giment-254548539717/, vérifié 27 juin 2016)


(mis en ligne 27 juin 2016)


. New books on military law published at Oxford University Press!



by a former Canadian Judge Advocate General:

  Image source: global.oup.com/academic/product/fighting-at-the-legal-boundaries-9780190457976?q=watkin&lang=en&cc=ca., accessed 19 June 2016

look inside at amazon.ca/Fighting-Legal-Boundaries-Controlling-Contemporary/dp/019045797X#reader_019045797X (accessed 11 April 2017);


by an important contributor to globalmjreform.blogspot.ca/

Image source: global.oup.com/academic/product/military-justice-9780199303496?cc=us&lang=en&, accessed 19 June 2016
-

. A mix of military law and art!


Gertrude Kearns, Keeping it Legal (Major-General
B. Blaise Cathcart JAG), 2015, fine art war print based
on digital capture of original portrait of MGen Cathcart,
2015, signed numbered ltd edition, 60 x 44", an edition of
10, $6,000.00; smaller sizes priced from $1,400.00.

Gertrude Kearns, 

"This war print and the related portrait will be
exhibited for the first time in U of Calgary show
July 4-Oct 30, 2016 being installed now at FOUNDERS'
GALLERY, The Military Museums as two of
44 large CF related works by me on the Afghan War." 
(Gertrude Kearns, email sent to François Lareau, 19 June 2016;
see new 2016 Calgary show, click on UPCOMING EXHIBITIONS:

http://founders.ucalgary.ca/)

 

olitical cartoon about Canada’s contribution to the war effort

image source: youngatvanier.blogspot.ca/2012_03_04_archive.html, accessed 26 May 2016
The artist is Newton McConnell

, 1872-1940

(posted 26 May 2016)



. Le juge Létourneau ne mâche pas ses mots envers les Forces canadiennes



Le juge Létourneau à gauche avec le juge Lamer (photo reproduite du livre suivant: Gilles Létourneau, 1945-, Combattre l'injustice et réformer, Montréal: Wilson & Lafleur, 2015). 

Voici un court extrait du récent livre du juge Létourneau qui fut aussi le président de la Commission d'enquête sur le déploiement des Forces canadiennes en Somalie:

Une Commission pour une institution militaire UDU

    La Commision s'était donnée comme objectif de proposer des
réformes qui aideraient les Forces canadiennes à améliorer leur fonc-
tionnement ainsi que leur système de justice qui nécessitait des
réformes majeures pour pouvoir se conformer aux exigences de la
Charte canadiennes des droits et libertés sous peine de se voir opposer
des déclarations d'insconstitutionnalité.

    Mais malheureusement il leur fallait passer par l'exercice difficile
et irritant de se faire dire publiquement leurs lacunes et leurs manque-
ments avant de pouvoir passer à l'étape suivante.  Car passer à celle des
réformes sans au préalable bien identifier et cerner les problèmes équi-
vaut à ériger un château de cartes sur une plage de sable.  En outre,
c'était la première fois que les Forces canadiennes devaient se sou-
mettre à une enquête publique menée par des civils.  On ne pouvait tout
de même pas, dans les présentes circonstances où  l'institution et même
le gouvernment qui la défendait avaient perdu la confiance du public,
pousser l'indécence jusqu'à demander à des militaires d'enquêter sur
eux-mêmes, ce qu'ils font généralement avec leurs commissions d'en-
quête interne.

    La Commision s'est très vite aperçue que, contrairement à ce
qu'on lui avait dit, elle faisait et ferait affaire du début jusqu'à la fin, et
même plus, avec une institution militaire UDU, c'est-à-dire Unwilling,
Deserving et Ungrateful.  Unwilling: elle n'était pas disposée à colla-
borer.  Deserving: elle a récolté et mérité ce qu'elle a semé.  Ungrateful:
malgré tous les efforts et l'immense travail que la Commision a accom-
plis pour son bénéfice, elle n'a fait preuve d'aucune gratitude.  Au contraire.
[Gilles Létourneau, 1945-, Combattre l'injustice et réformer, Montréal:
Wilson & Lafleur, 2015, xiii, 171, [xx] p., à la page 113, ISBN: 978-2-89689-294-5]
(mis en ligne le 16 mai 2016)

 
Minister Hehr and former Minister O'Toole do have one thing in common: they employ
the same bureaucratic rhetoric about “treating veterans with care, compassion, and respect”.
For Canadian citizens who are willing to wear a military uniform and far too often die
defending rights like freedom of expression, rhetoric without substance is demeaning enough.
Having a former general and federal government representative chair a group of often
marginalized individuals highly indoctrinated to be subservient to authority is truly a farce of a
most un-Canadian kind. [Sean Bruyea, "Veterans Affairs holds 'stakeholder summit' but is it just
a dog and pony show?", Ottawa Citizen, 9 May 2016]

Mr. Bruyea’s public ethics thesis, which he hopes will be published as a book, looks at the conditioning required
of soldiers, sailors and air force men and women to make them part of the cohesive and unquestioning collective
that is the Canadian military – and the jarring loss they experience when they leave it. [Gloria Galloway, "Veterans'
advocate Bruyea defends master's thesis on soldier transition, The Globe and Mail, 28 March 2016]

.  Question on the law of war (or for the more sophisticated the law of armed conflict)




Under the law of war, does the above cartoon refer to: (a) a situation of perfidy; (b) a situation of ruse of war; or (c) not a situation concerning the law of war?

The cartoon is by Peter Whalley, 1921-2007, and is reproduced from the following book: Allen, Robert Thomas, A Treasury of Canadian Humour, Toronto: McCelland and Stewart Limited, 1967, 128 p., at p. 122 (series; Canadian Illustrated Library).

(posted 6 May 2016)
 

. Change we must!  Eventually, the law concerning military discipline will evolve radically



Image by Len Norris, cartoonist and reproduced from the following book: Allen, Robert Thomas, A treasury of Canadian Humour, Toronto: McCelland
and Stewart Limited, 1967, 128 p., at  p. 121 (series; Canadian Illusrtrated Library).

Recommended reading: "Much Ado About Nothing: An Institutional Resistance to Change", being chapter 3 of Colonel Bernd Horn and Dr. Bill Bentley, foreword by Romeo Dallaire, Forced to Change: crisis and reform in the Canadian Forces, Toronto: Dundurn Press, 2015, 167 p., at pp. 67-80, ISBN: 9781459727847; this chapter 3 is available at https://books.google.ca/books?id=kGHnAwAAQBAJ&pg=PA63&lpg=PA63&dq=CANADA+role+of+the+legal+advisors+in+the+armed+Forces&source=bl&ots=_nq026_k7L&sig=1np_DloM1L1RDavt30V5NLsJpHI&hl=en&sa=X&redir_esc=y#v=onepage&q=jUDGE%20ADVOCATE&f=false (accessed 3 May 2016);

(posted 3 May 2016)




. The two military lawyers from the Office of the Judge Advocate General appearing
 for the appellant, Her Majesty the Queen, before the Supreme Court of Canada on Monday, 25 April 2016


Supreme Court building, Ottawa
(photo by François Lareau)

Video stills from the webcast of :

- Her Majesty the Queen v. Ordinary Seaman Cawthorne and 

Her Majesty the Queen v. J.G.A. Gagnon, et al.-- http://www.scc-csc.ca/case-dossier/info/webcastview-webdiffusionvue-eng.aspx?cas=36466&urlen=http%3a%2f%2fwww4.insinc.com%2fibc%2fmp%2fmd%2fopen_protected%2fc%2f486%2f1971%2f201604250510wv450en%2c001&urlfr=http%3a%2f%2fwww4.insinc.com%2fibc%2fmp%2fmd%2fopen_protected%2fc%2f486%2f1970%2f201604250510wv450en%2c001&date=2016-04-25



----------
David Antonyshyn                                                                                                Dylan Kerr

(posted 2 May 2016)

Post scriptum, 6 may 2016: I did not put the pictures of the JAG lawyers representing the respondents before the SCC as their pictures have already appeared.

     


. Another court martial involving sex, cadets at the Royal Military College Kingston, an acquittal and 5 JAG officers


---
Left photo, Major Edmund Thomas (part of the defence team), and, on the right photo, Major Maureen Pecknold (part of the prosecution team),
video stills from

Asked after court if the decision means his status at RMC will be reinstated and his graduation permitted, Maj. David Hodson, one-half of Whitehead's defence team,
said "that would be the right and honourable thing to do."

But both he and Maj. Edmund Thomas, the other half of the defence team, said it's up to RMC to make that decision.

"Officer Cadet Whitehead should not be punished for an acquittal," Hodson added. But he said the role of the lawyers and military judge Lt.-Col. L.V. d'Auteuil in the matter has now ended.

In his decision, Lt.-Col. d'Auteuil noted that "the prosecution's case relies, more than anything else, on the testimony of the two complainants." He also emphasized that the burden of proving
beyond a reasonable doubt that Whitehead sexually assaulted the women in September and October 2013, respectively, and that there was no consent, lay entirely with the Crown prosecution
team of majors Maureen Pecknold, Annie-Claude Samson and Jeff Peck: "That never changes," he observed. [from Sue Yanagisawa's article]

Résumé
Les blessures psychiques ont été présentes au détour de chacun des conflits qui ont jalonné l’Histoire. La première partie de ce travail porte sur la découverte de la
névrose traumatique, sa perception dans le cadre militaire, et sur la distinction qui existe entre l’approche psychanalytique européenne centrée sur le trauma et l’entité
américaine qui s’est imposée pour se fonder essentiellement sur le stress. Les législations canadiennes et françaises qui encadrent le vétéran et l’ancien combattant
atteint de psychosyndrome traumatique vont constituer le sujet de la seconde partie. L’historique du cadre juridique contemporain ; les étapes de la demande d’indem-
nisation avec leurs caractéristiques et leurs écueils respectifs ; les notions de preuve et d’imputabilité, enfin les particularités de l’expertise médicale sont présentées selon
la perspective propre à chaque pays. Des sujets variés issus d’une trame commune qui, relatant l’expérience du vétéran blessé psychiquement pour lequel l’exercice de son
droit à réparation prend l’allure d’un second combat, vont permettre de déterminer si, au-delà de la reconnaissance de l’institution ou des attentes déçues, la législation
actuelle encadre de manière satisfaisante – ou pas – le droit à réparation. (source: http://savoirs.usherbrooke.ca/handle/11143/6023?show=full, visité 20 avril 2016)

..
Front page story by Bruce Campion-Smith: "Failure to Act on Sex Abuse: Canadian military knew of assaults on boys by Afghans,
but didn't act because of 'unclear' training, poor communication, report finds", Toronto Star, 13 April 2016, at pp. A1 and A4.

A weekly sitrep was sent from theatre on 3 October 06 advising the acting CEFCOM LEGAD, LCdr Leveille, that possible sexual assaults
of minors were taking place in theatre and that a CF policy review was required. LCdr Leveille claims to have forwarded the emails to Cdr
Archer, and discussed their contents with her shortly after her return from annual leave in 2006 but she informed the Board that she was not
advised until the BOI document search began in June 2008. Despite a significant effort, the BOI was not able to resolve this conflicting
testimony. However, it is clear that information on potential sexual abuse was in CEFCOM Headquarters in October 2006 and this information
was not passed to either the JAG or CEFCOM chains of command for review or action. [NATIONAL DEFENCE AND BOARD OF INQUIRY,
 "Board of Inquiry – Allegation of assault of a civilian by Afghan National Security Forces and the Canadian Forces response to such incidents
 (Redacted)", available at  http://forces.gc.ca/en/about-reports-pubs-boards-inquiry/ptsd-exec-summary.page (accessed 13 April 2016)]

--------------
Bill Graham, left, with MGen Jerry Pitzul, JAG,
at JAG Annual Mess Dinner, 27 October 2005
(image source: (2006) 1 JAG Les actualités --
Newsletter 16)

- Bill Graham, 1939-, born in Montreal
  Lawyer, professor of law, former liberal minister of National Defence (July 2004 - February 2006), former minister of Foreign Affairs (January 2002-July 2004),
  former acting Liberal Party Leader (March 2006 - December 2006)  -- see  http://www.lop.parl.gc.ca/ParlInfo/Files/Parliamentarian

 Speech of Bill Graham to the JAG Annual Mess Dinner (source: GRAHAM, Bill, "[Address of] The Honourable Bill Graham, P.C., M.P. Minister of National
 Defence, L'Honorable Bill Graham, P.C., M.P. Ministre de la défense nationale [to the] Office of the JAG Annual Mess Dinner, Royal Canadian Air Force
 Officers Mess, 27 October 2005, Ottawa, Ontario, Dîner régimentaire annuel du Cabinet du JAG, Mess des Officiers de la Force aérienne, 27 octobre 2005,
 Ottawa, Ontario", (2006) 1 JAG Les actualités -- Newsletter 22-24;





From the left: Gen Hénault, CDS, BGen Jerry Pitzul, JAG and
Col (Ret'd) Arthur MacDonald, 1 October 2002 on the book
launch of Art MacDonald's book Canada's Military Lawyers,
 (image source: JAG Newsletter/Les actualités du JAG,
volume 1, 2003, p. 3).

- Raymond Hénault, 1948-, born in Winnipeg, Chief of the Defence Staff (June 2001-November 2004), see Wikipedia

General Henault also indicated that the Judge Advocate General (JAG), Brigadier-General Jerry Pitzul, played a particularly  important internal role:
 “Jerry was as consistent and as honest as you could get in that respect. There was no arm twisting that he would allow.”  While there is a danger of
exaggerating, the fact is the JAG enjoyed very powerful influence over military plans by virtue of his unchallengeable ability to determine what was
legal and what was not.  This was reinforced by the fact that the Chief of Defence Staff was not his only boss.  Rather, the JAG was also responsible for
providing legal advice to the Defence Minister and Governor-General and thus enjoyed a certain independence, and with that a level of freedom from
"arm twisting." (footnotes omitted; p.188).
(source:LEHRE, Eric J., Canada-US Military Interoperability at what Cost Sovereignty?, submitted in partial fulfillment of the requirements for the
degree of Doctor of Philosophy, Dalhousie University Halifax, Nova Scotia, August 2012, xviii, 441 leaves, at p. 188; available at
https://dalspace.library.dal.ca/bitstream/handle/10222/15306/Lerhe,%20Eric,%20PhD,%20POLSCI,%20Oct%202012%20D.pdf?sequence=5 (accessed 9 April 2016).

 

(posted in April 2016)




Supreme Court of Canada building (Photo: François Lareau)
Two future military cases to be heard by the Supreme Court of Canada:

.  The art of Gertrude Kearns

-------------------- Source: collections.historymuseum.ca/public/objects/common/webmedia.php?irn=5249009
ccca.concordia.ca/catalogues/k/kearns/kearns_ArtofCommand.pdf*                                                                  **www.cdainstitute.ca/en/blog/entry/commanding-art-gertrude-kearns-and-canada-s-afghan-mission


(posted 13 February 2016)

.  The  Law Office of Michel Drapeau publishes the papers of the November 2015 Conference on Canadian Military Justice -- The Winds of Change. 

Michel Drapeau Law Office, ed.,  Winds of Change: Conference and Debate on Canadian Military Law, [Ottawa:] Michel Drapeau Law Office, 2016,
102 p., NOTES: Conference held at the University of Ottawa, 13 November 2015; "For the first time an international academic conference on military
law was held in Canada at the University of Ottawa with the focus on reform and comparative law" (Gilles Létourneau, Preface, p. 7);  "(Organizing
Committee for the Conference: Michel W. Drapeau, Joshua M. Juneau, Walter Semianiw and Sylvie Corbin)"; available at
mdlo.ca/wp-content/uploads/2016/01/2015-Conference-Proceedings.pdf (accessed 20 January 2016);
 

----
P. 7 of 856                                             Report starts at p. 153 of 856

in  Sessional Papers, vol. 58(9), First Session, 14th Parliament, Report of the Department of Militia and Defence, Sessional Paper 36, fiscal year finishing 31 March 1921 and presented
by the Minister of Militia and Defence to the Governor General and Commander in Chief of the Dominion of Canada on 1 November 1921, available at https://archive.org/details/n09sessionalpaper58cana (accessed 6 November 2017)


Report of the Directorate of the Judge Advocate General, which was Part of the Adjudant's General Branch
(at pp. 181 of 856 p.; p. 29 of the Departmental report)

Judge Advocate-General 

During the year ending March 31, 1921, 168 courts-martial were held in Canada, 
of which 13 were General courts-martial, and the remainder District. 

By Army Order 137 of 1920, authority was granted to the Judge Advocate-General 
at the War Office to transfer to such officers in the overseas Dominions as might be 
appointed by the respective Governors General the proceedinge of courts-martial held 
overseas for the trial of members of the Military Forces of that Dominion, and by 
an Order in Council of June 15, 1920 (P.C. 1341), the Judge Advocate-General at 
Ottawa was authorized by the Governor-in- Council to receive the oourt-martial pro- 
ceedings held overseas for the trial of members of the Canadian Expeditionary Force, 
and arrangements were made through the Overseas Detachment, C.E.F., for the 
transfer to Canada of tiiese proceedings, which amounted to about 16,000. These 
are now at Militia Headquarters and are available for reference. 

At the beginning of the year covered by this report there were in England 14 
other ranks and one officer undergoing sentences of penal servitude and imprisonment 
awarded by the civil courts, and nine other ranks undergoing sentences awarded by 
courts-martial. Of the former two other ranks have completed their sentences and 
their cases have been disposed of, and, of the latter, one has completed his sentence 
and the case disposed of. 

The Judge Advocate-General was engaged in preparing material and giving 
evidence before the Special Committee of the House of Commons on Pensions and 
Soldiers' Civil Ee-establishment during the session of 1920, and certain important 
amendments to the Militia Pension Act and the Pension Act with regard to the 
payment of pensions under both Acts were approved by the Special Committee and 
passed by Parliament. 

The Judge Advocate-General acted as legal advisor to the Overseas Ministry in 
Ottawa whilst that Ministry was winding up its affairs, and, since the Ministry has 
ceased to function, all claims of a legal nature which concern the Overseas Ministry 
are referred to this office. 

The normal number of leases and agreements which this office prepares was 
materially increased by reason of the fact that a large number of leases and agreements 
in which the Crown, through the Minister of Militia and Defence, was a party were 
cancelled owing to the fact that it was decided that all properties possible should yield 
a rental based on a fair valuation of the same, rather than a nominal rental, with the 
result that new leases or agreements in respect to these properties had to be prepared. 

Owing to the large number of retirements to pension in cases of members of the 
Permanent Active Militia consequent upon the reorganization thereof, opinions with 
regard to the interpretation of certain portions of the Militia Pension Act were 
required, and, in addition, a number of the cases had to be referred to the Deputy 
Minister of Justice, all the material and the letter of reference being prepared by the 
Judge Advocate-General. 

The Judge Advocate-General, further, assisted the Department of Justice in a 
number of cases where actions were brought against the crown in respect of pay and 
allowances and pension. 

Pursuant to Routine Order 1736 of 1919, 44 dishonoured cheques, mess accounts, 
etc., aggregating $1,746.11 have been collected. 

The issue in March, 1920, of the new Pay and Allowance Regulations added to 
the work of this office, as owing to changing conditions, numerous amendments were 
required, most of which were submitted to this office.

-----------
Page 7 of 1168                                           Report starts at p. 809 of 1168

in  Sessional Papers, vol. 59(4), Second Session, 14th Parliament, Report of the Department of Militia and Defence, Sessional Paper 17, fiscal year finishing 31 March 1922 and presented
by the Department on 1 February 1923,  available at  https://archive.org/details/n04sessionalpaper59canauoft (accessed 5 November 2017)

During the year ending March 31, 1922, 74 courts-martial were held in Canada, 
all of which were district courts-martial. This is a decrease of over 50 per cent 
compared with the number of courts-martial held during the preceding year, and 
indicates a consequent improvement in discipline. On the other hand, however, the 
numerous amendments which were made to the Rules of Procedure and the Army Act 
in the latter part of 1920 were, in a number of instances, not fully understood by 
officers who from time to time were members of courts-martial, or by officers respon- 
sible for the administration of military law in the various districts. The result was 
that a very large number of these courts-martial proceedings had to 'be returned for 
correction of technical irregularities, and, in some cases, for the quashing of the 
finding and sentences. 

Upon the Permanent Active Militia being reorganized, the need of affording 
instruction in military law and regulations relative to the maintenance of discipline 
was apparent, this being due to the fact that, during the period of the war, this 
branch of administration had been left to the care of officers specially appointed for 
that purpose, and consequently a certain proportion of officers appointed to the 
Permanent Force after the war were not sufficiently experienced in this branch of 
work. 

Pursuant to instructions received from the Militia Council, the Judge Advocate 
General prepared a short series of lectures designed to cover those questions of military 



[p. 38 starts] 

law and the maintenance of discipline which were most constantly arising, and dealing 
also with the more important points in court-martial procedure. The Judge Advocate- 
General also carried out in Military Districts one to five, short courses of instruction 
covering four days in each District. An immediate improvement in these branches 
of administration was noticed. 

The number of leases and agreements prepared in the Judge Advocate-General's 
office exceeded somewhat the number for the preceding year. It might be observed 
that, as the result of the abolition of the old printed forms of leases and agreements 
which were previously used, it is now necessary to draft a special lease or agreement 
covering each particular case, thereby minimizing, to a great extent, the number of 
claims which were formerly made on account of ambiguous clauses embodied in the 
old forms, the interpretation of which was not at all clear. 

Consequent upon the decision to amalgamate the Department of Naval Service,
the Department of Militia and Defence, and the Air Board under one head and create 
a new Department of National Defence, the duties of the Judge Advocate-General 
were considerably increased owing to his being responsible for the preliminary work 
of drafting the necessary legislation and memoranda thereon, and the numerous 
references which had to be made to the Department of Justice and the Parliamentary 
Counsel. 

During the year a considerable number of reports to Privy Council were either 
drafted in the office of the Judge Advocate-General, or referred to him for opinions 
or amendments if the same were necessary. A considerable number of matters had 
to be referred to the Department of Justice during the year, the necessary corre- 
spondence being being prepared by this Directorate. The number of requests for opinions 
and memoranda on questions arising out of the Pay and Allowance regulations, 
King's regulations, etc., was, approximately, the same as in the preceding year. 

In addition to his duties as Judge Advocate-General, this officer is a member of 
the Pensions and Claims Board, which administers the Militia Pension Act. The 
number of retirements to pension during the year under review due to reduction in 
Establishment of the Permanent Force, necessitated the preparation of a large number 
of memoranda and opinions, for which the Judge Advocate-General was responsible.

Directorate of the Judge Advocate-General 

Forty-nine District courts-martial were held in Canada during the fiscal 
year ending 31st March, 1923, there being no General courts-martial. This is 
a decrease of twenty-five compared with the preceding year. Generally speak- 
ing, the convictions were not for serious offences, and the sentences awarded 
were comparatively light. This, together with the decrease in the number of 
courts-martial, indicates a substantial improvement in discipline. 

The proceedings which had to be returned for the correction of technical 
irregularities, or for quashing the finding and sentence were few compared with 
the preceding year, indicating a substantial improvement in the administration 
of military law, and that the officers concerned had acquired a greater know- 
ledge of the Army Act, the Rules of Procedure and the King's Regulations. 



[p.65 starts]


The Army Act and the Rules of Procedure were further amended during the 
year under review, resulting in the ^simplification of the procedure. 

The number of Courts of Enquiry held throughout Canada on various 
matters which were referred to the Judge Advocate-General for opinion 
exceeded the number in the preceding year. In a number of instances, these 
Courts were of such a nature that it would have been of great assistance to 
the District concerned had there been available in the District an officer pos- 
sessing a certain amount of legal training. 

The number of leases and agreements which were prepared in the office of 
the Judge Advocate-General was, approximately, the same as in the preceding 
year. 

The duties of the Judge Advocate-General have been materially increased 
by the creation of the Department of National Defence. Numerous matters 
have been referred to him by the Naval Service and the Air Board. 

Upon the reorganization of the Royal Canadian Air Force, it was con- 
sidered advisable that the procedure which should be followed, in so far as 
concerns the Regulations applicable to it, and the administration of Air Force 
law, should be along the same lines as that followed in the case of the Per- 
manent Active Militia and the Royal Air Force. The Judge Advocate-General 
was accordingly instructed to take the necessary action, the preliminary work 
in connection therewith being completed by the end of the year under review. 

On the coming into force on the 1st January, 1923, of " The National 
Defence Act, 1922," the Judge Advocate-General's office ceased to be a Direc- 
torate in the Branch of the Adjutant-General, and became responsible to the 
Deputy Minister, thereby following, as far as practicable, the organization in 
the War Office. 

Owing to the increase in his duties, it was considered desirable that an 
officer of the Permanent Active Militia should be detailed to assist the Judge 
Advocate-General during that period in the year when the duties of his office 
were heavy. It was considered that it would be to the advantage generally of 
the Permanent Active Militia if officers of the Permanent Active Militia were 
detailed for this duty for four months each year, thereby not only assisting the 
Judge Advocate-General, but also acquiring a greater knowledge of military 
law procedure and the regulations, which would be of great value to them in the 
districts in which they are stationed when their tour of duty in the Judge 
Advocate-General's office ended. 

The Judge Advocate-General is also a member of the Pensions and Claims 
Board, administering the Militia Pensions Act. Certain legislation affecting pen- 
sions was prepared in his office, together with numerous opinions and memoranda 
arising out of matters concerning pensions.





Annual Judge Advocate Report for fiscal year ending 31 March 1924 



---- 

P. 7 of 1222                          Report starts at p. 163 of 1222  

REPORT OF THE JUDGE ADVOCATE-GENERAL 

Under the terms of the National Defence Act, 1922, the Judge Advocate- 
General's office ceased to be a directorate in the Branch of the Adjutant-General, 
and from January 1, 1923, the Judge Advocate-General became responsible to 
the deputy minister. 

Thirty-three courts-martial were held in Canada during the fiscal year 
ending March 31, 1924, all of such courts-martial being district. This is a 
decrease of sixteen compared with the preceding year, and, generally speaking, 
the offences were not of a serious nature. This is indicative of the continued 
improvement in the discipline of the Permanent Force. 

The proceedings of these courts-martial indicate a substantial improve- 
ment in the knowledge of military law possessed by the officers sitting on the 
courts in question. It is extremely desirable, however, that a thorough know- 
ledge of military law and the provisions of the King's Regulations relative to 
discipline should be possessed by all officers, and it is pointed out in this con- 
nection that the various proceedings of courts-martial and courts of enquiry 
which have come before the Judge Advocate-General for review indicate that 
there is still considerable room for improvement. 

As stated in the report for the preceding year, on the creation of the 
Department of National Defence the Judge Advocate-General now performs 
similar duties in relation to the Royal Canadian Navy and the Royal Canadian 
Air Force as he formerly did in relation to the Canadian Militia. During the 
period under review the King's Regulations and Orders for the Royal Canadian 
Air Force were prepared by that officer, and have now gone into effect. 

During the period under review two amendments were made to the Militia 
Pension Act, one dealing with the suspension, and, in certain instances, the 
continuance of the pension when the pensioner is employed in the public service 
of Canada, and the other restoring the period of service required to establish 
eligibility for pension to twenty years, as it was prior to the amendment of 1919 
which reduced such period to one of ten years. Both these amending Acts were 
prepared by the Judge Advocate-General. 

The Judge Advocate-General has been a member of various departmental 
committees, and his duties have been increased as a result. 

0wing to the Crown's title to considerable property under the control of the 
department being disputed, certain litigation has ensued. It has been the Judge 
Advocate-General's duty to prepare the necessary material in collaboration with 
the Department of Justice, and it is hoped that such litigation will effectually 
settle a number of points which have been a matter of long standing dispute. 

With a view to minimizing as much as possible the number of cases of 
deficiencies in clothing and equipment on charge to Units of the Non-Permanent 
Active Militia, proceedings have been instituted through the Department of 
Justice against the officers whom the Department considers financially respon- 
sible. The preparation of these cases and the necessary reference to the Depart- 
ment of Justice have been dealt with by the Judge Advocate-General. 

All important reports to Privy Council have either been prepared by him, 
or submitted for his consideration, and, in addition, he is responsible for the 
drafting of certain orders and regulations. 

As a member of the Pensions and Claims Board, administering the Militia 
Pension Act, the Judge Advocate-General has prepared numerous opinions and 
memoranda on matters affecting pensions. 

A system for simplifying the procedure followed in the issuing of orders 
and regulations was put forward by the Judge Advocate-General, and has now 
been approved and put into effect. 

Annual Departmental Reports were included in the Sessional Papers until 1925. Starting in 1926, Sessional Papers became “Annual Departmental Reports of the Dominion of Canada”, and continued until 1973.  After 1929/30, the reports are no longer collected but are distributed from the individual departments.

REPORT OF THE JUDGE ADVOCATE-GENERAL [at pp. 299-300 of 1052; or pp. 83-84 of the Report of the Department]

REPORT OF THE JUDGE ADVOCATE-GENERAL 

There were no general courts-martial convened during the fiscal year under 
review, the number of district courts-martial convened being thirty-three. This 
is an increase of two compared with the preceding year, and the charges were 
not generally of a serious nature. 

A large number of these proceedings contained illegalities or irregularities 
which necessitated their being returned to the Convening Officers for correction. 
They indicate that, generally speaking, there is still considerable room for 
improvement in the knowledge of military law possessed by officers of the 
Permanent Force. 

It is recognized that there do not exist in Canada the same facilities for 
instruction in this subject as exist in England, nor have officers in Canada the 
same opportunities to gain practical experience by serving on courts-martial. 
Steps are being taken by the Judge Advocate-General's office to arrange in 
conjunction with the General Staff a system of instruction which it is hoped 
will prove successful. 

There is no question, however, but that at the present time the knowledge 
of military law and the provisions of the King's Regulations relating to disci- 
pline possessed by officers of the Permanent Force is considerably below that 
which they possess in other military subjects. 

A complete revision of the King's Regulations and Orders for the Canadian 
Militia has been undertaken by the Judge Advocate-General. This is a matter 
which entails considerable work and research. Excellent progress has been made, 
however, and it is expected that the revision will be completed and available 
for distribution by the end of the present calendar year. 

The procedure for simplifying the issue of orders and regulations put 
forward by the Judge Advocate-General last year has been further extended, 
and so far it has met with success. 

The preparation of material on certain matters under litigation has been 
dealt with by this office, and in view of the importance of some of these the 
work involved has been heavy. 

The provisions of the Militia Act relating to the use of troops in aid of 
the civil power were amended during the year under review. These amend- 
ments were based on the recommendation of the Royal Commission held to 
enquire into the unrest among the coal and steel workers in Cape Breton. The 
amending act was drafted by the Judge Advocate-General in collaboration 
with the Department of Justice, and the Judge Advocate-General was also 
required to furnish the necessary explanatory memoranda and statements. 

He was also engaged in preparing several draft bills relating to air force 
and naval pensions, which are still the subject of consideration. 

The number of references to the Judge Advocate-General's office on matters 
necessitating the preparation of considered opinions showed no decrease com- 
pared with preceding years. 

The Judge Advocate-General's office dealt during the year with a large 
number of Orders in Council and regulations, which were referred for redrafting 
or review prior to submission. The majority of important reports to Privy 
Council and regulations are now referred prior to submission. 

A large number of courts of inquiry were submitted for review or an opin- 
ion. These courts of inquiry in many instances are incomplete, the matters 
under inquiry not being dealt with so as to obtain the complete evidence which 
the convening authority should have so as to enable him to determine properly


[p. 84]
the action he should take. They indicate that such courts do not proceed with 
their inquiry on certain defined lines, with the intention of establishing the 
existence or otherwise of certain facts. In numerous instances the examination 
of witnesses appears to have been more or less haphazard, without any concrete 
idea of continuity. 

There is considerable room for improvement in these matters. 






Report of the Judge Advocate General for Fiscal Year finishing 31 March 1926




Report starts at p. 1081 of 1350


in Annual Departmental Reports 1925-1926, vol. 2, Report of the Department of National Defence (Militia and Air Services) available at https://archive.org/details/v2annualdepartme1926canauoft (accessed 5 November 2017)  


REPORT OF THE JUDGE ADVOCATE-GENERAL [at pp. 1169-1170 of 1350; or pp. 89-90 of the report itself] 

During the fiscal year under review the number of courts-martial convened 
and held was as follows: — 

                   D.C.M. G.C.M. 
   Permanent Force  49     Nil 
   R.C.A.F           4     Nil
                    __     __ 
                    53     Nil
                    __     __

This is an increase of 16 courts-martial in the Permanent Force, and in the 
Royal Canadian Air Force of 4, compared with the number of courts-martial 
held in the preceding year. 

The offences committed were mainly those of desertion or absence without 
leave, and losing by neglect clothing, equipment, etc. While the offences in 
themselves were not of a particularly serious nature, and the sentences awarded 
were sufficient in the interests of justice, yet an increase compared with the year 
before of almost 50 per cent is a matter which warrants some consideration. 

The proceedings, in the main, were properly conducted, but there is 
obviously need for a comprehensive scheme of instruction in military law, which 
question will be dealt with later on in this report". 

The revision of the King's Regulation and Orders for the Canadian Militia 
which, as stated in the report for the preceding year, had been undertaken by 
the Judge Advocate-General, was completed by the end of December, 1925. The 
revised edition has gone forward for approval, and should be available for dis- 
tribution by the end of September of this year. The work in connection with 
this revision was extremely heavy, and added considerably to the normal duties 
of the Judge Advocate-General's office. 

Numerous other regulations, such as Clothing Regulations, Equipment 
Regulations, etc., have been under revision during the year under review, neces- 
sitating advice being obtained from this office on numerous matters connected 
therewith. 

During the year under review numerous courts of inquiry were submitted 
to this office for an opinion or report, and, further, matters of an important nature 
and on which it had been decided to hold a court of inquiry, were referred 
to this office for an opinion as to the lines on which such courts of inquiry should 
proceed. The practice of making a prior reference to the Judge Advocate-General 
has proved satisfactory, as it has enabled the court concerned to proceed along 
certain clearly defined lines, and has resulted in the exclusion of a large amount 
of irrelevant statements and evidence which, in the past, were usually admitted, 
but which ser^^ed no useful purpose and only tended to confuse the authorities 
who subsequently had to deal with the findings and reconmmendations of such 
courts. 

During the year under review there has been a large increase in the number 
of Air Force matters referred to this office. This is largely due to the action 
taken by the Royal Canadian Air Force to put on a permanent basis their 
regulations which were originally of a more or less tentative nature. 

The number of reports and submissions to Privy Council and regulations 
which this office was called upon to prepare or draft showed no decrease com- 
pared with the preceding year. 

As stated above, the need for a comprehensive scheme of instruction in 
military law has been recognized, and the Judge Advocate-General was accord- 
ingly detailed to proceed to England at the beginning of March, 1926, for the 
purpose of being attached to the office of the Judge Advocate-General at the 
War Office, it being considered that a tour of duty there would not only enable 



[p. 90 starts] 

him to keep abreast with the latest British system of administration, but also 
to obtain definite information on the methods of instruction carried out in the 
British Army. The information which this officer will obtain from the War 
Office will serve as the basis for a comprehensive instructional program which 
it is hoped to put in effect at an early date. In this connection it 'should be 
realized that officers of the Permanent Force are required to pass the same pro- 
motion examinations as all officers of like rank throughout the British Empire, 
and unless instruction in Canada is uniform with that in England Canadian 
officers will be at a disadvantage. 

During the year under review, the usual number of leases and agreements 
were drafted in this office. 

The Judge Advocate-General, being a member of the Departmental Pen- 
sions and Claims Board, is constantly required to advise on matters pertaining 
to pensions under the Militia Pension Act, and various claims which are referred 
to the Board in question. He is also a member of several other standing Boards 
or Committees in the Department, the duties of which entail a considerable 
amount of additional work.







Report of the Judge Advocate General for Fiscal Year finishing 31 March 1927



-------
Page 5 of 1186                          Report starts at p. 1955 of 1186


in Annual Departmental Reports 1926-1927, vol. 2, Report of the Department of National Defence (Militia and Air Services) available
at https://archive.org/details/annualdept2s192627cana (accessed 5 November 2017)


 REPORT OF THE JUDGE ADVOCATE-GENERAL 

During the fiscal year ending March 31, 1927, 55 courts-martial were con- 
vened and held. Of these, 53 were for the trial of military personnel, and 2 for 
the trial of personnel of the Royal Canadian Air Force. There were no general 
courts-martial convened. Thirty-five of these 55 courts-martial dealt with 
charges of desertion, and loss of the soldier's or airman's clothing and equipment. 

Of the remaining 20 courts, 8 dealt with charges of a serious nature as fol- 
lows: 3 with charges under section 8 of the Army Act of striking or using violence, 
or threatening or insubordinate language to a superior officer; 2 with charges 
under SEC. 17 of the Army Act of embezzlement of regimental money; 3 with 
charges under section 18 of stealing money or goods or receiving the same, the 
property of persons subject to military law. 

The remaining courts-martial dealt with offences of a more minor character, 
and it is of interest to note that, during the period under review, only one case 
of drunkenness was required to be dealt with by a court-martial. 

Only one conviction was required to^ be quashed on instructions from the 
Judge Advocate-General, and this was necessary solely on technical grounds. 

The small number of courts-martial held and the few charges of a serious 
nature as mentioned above, are indicative of a high state of discipline and morale 
in the Permanent Force and Royal Canadian Air Force. 

Two court-martial demonstrations were held at the Royal Military College, 
and at Toronto, respectively. These demonstrations were intended to illustrate 
the various forms of evidence given at a court-martial dealing with a simple 
military offence. They show by way of example, evidence both of an admissible 
and inadmissible character, and illustrate in a practical manner the mistakes 
which are frequently made by courts-martial in dealing with evidence of the 
.latter nature. 

These court-martial demonstrations serve a useful purpose, as the instruc- 
tion in military law given through this medium is more clearly grasped by the 
officers attending than instruction given by means of lectures. It is hoped to 
hold a number of these demonstrations in the near future, as the results which 
have been obtained from the two already held indicate that instruction given 
in this manner is of considerable practical value. 

During the year under review a large number of matters were referred to 
the Judge Advocate-General for an opinion, and his office w^as also engaged in 
drafting or preparing the usual number of leases and agreements, reports to 
Privy Council, and amendments to various Naval, Military and Air Force Orders 
and Regulations. 

The normal volume of matters pertaining to the Militia Pension Act referred 
to the Judge Advocate-General was maintained, and he was also responsible 
for the preparation of the necessary material required for several cases which 
are the subject of litigation.
 

REPORT OF THE JUDGE ADVOCATE-GENERAL [at pp. 1203-1204 of 1388] 

COURTS- MARTIAL 

During the fiscal year ending March 31, 1928, 75 District Courts-Martial 
were convened and held, this being an increase of 23 over the preceding year. 
Of this number 68 courts were held for the trial of personnel of the Permanent 
Force and 7 for the trial of personnel of the Royal Canadian Air Force. 

Of the above number of courts-martial 51 dealt inter alia with offences of 
desertion and absence without leave, and convictions either of the offence of 
desertion or that of absence without leave resulted. In 8 instances the sentence 
awarded was that of imprisonment accompanied by that of discharge with 
ignominy, 7 of such sentences being commuted to detention, and one sentence oi 
imprisonment and discharge with ignominy being allowed to stand. 

Four persons, including one non-commissioned officer, were charged with 
the offences of offering violence, or using violent or insubordinate language to a 
superior officer, and a conviction resulted in each such case. Nine persons, 
including two non-commissioned officers, were charged with stealing or receiving 
stolen goods; seven of these cases resulted in convictions, and two in acquittals 
Four more persons were charged with this offence in the fiscal year under review 
than were so charged during tl^e fiscal year immediately preceding. 

During the year under review 11 non-commissioned officers were tried by 
court-martial for various offences, 10 of whom were found " guilty " of the 
charges laid, and 1 was acquitted. During the year under review there were 
two instances where the finding and sentence of the court-martial were not 
confirmed by the confirming authority upon advice from the Judge Advocate- 
General, and in two further instances the finding and sentence which had been 
confirmed was quashed upon the instructions of the Judge Advocate-General. 

It is of interest to note that in both the Permanent Force and Permanent 
Active Air Force only four cases of drunkenness were dealt with by district 
court-martial during the year. 

While the increase in the number of courts-martial held is almost 50 per 
cent over the number held during the preceding year, such increase is not neces- 
sarily a reflection on the state of discipline, but is rather indicative of more 
active measures being taken towards suppressing the commission of Military 
and Air Force offences, as the deterrent effect of a trial by district court- 
martial is greater than would be the case were such offences dealt with sum- 
marily by Commanding Officers. Further, in a number of instances the accused 
soldier or airman elected trial by court-martial rather than a summary dis- 
posal of the case by his Commanding Officer, which election would account in 
some measure for the increase in the number of courts-martial held. 

It is pleasing to note that the courts-martial held during the fiscal year 
under review indicate a substantial improvement on the part of all concerned 
in their knowledge of Military and Air Force law and the administration of the 
Army Act, the Air Force Act, and the Regulations thereunder. The number 
of errors and irregularities occurring in these proceedings was considerably less 
than the number which occurred in preceding years, and the results of the 
instructions and comments issued and made by the Judge Advocate-General's 
Office arc now becoming apparent. 

While there is still considerable room for improvement, nevertheless the 
situation during the past year, compared with that which prevailed in previous 
years, is noteworthy and should not be passed by without favourable comment 
being made thereon. 



LEGISLATION 

During the year under review the following Bills were drafted by* the Judge 
Advocate-General and the necessary information and memoranda pertaining 
thereto were prepared in his office: — 

(a) An Act respecting the Royal Military College. 

(b) An Act respecting certain Canteen Funds. 

(c) An Act amending the Militia Pension Act. 

The last mentioned Act made provision whereby the Militia Pension Act 
was made applicable, with certain modifications, to the Royal Canadian Navy 
and Permanent Active Air Force. This necessitated the preparation of a con- 
siderable number of explanatory memoranda. 

AIR SERVICES 

Consequent upon it being decided to reorganize the Air Services by way of 
creating a separate Directorate to administer all Civil Government Air Opera- 
tions, the Judge Advocate-General was required to advise on the procedure 
which should be adopted and to prepare the necessary instructions and memo- 
randa giving effect to the, policy decided upon. 

Further duties were added to this office in connection with the preparation 
of the Standard Conditions for Light Aeroplane Clubs and, in addition, the 
forms of agreements with such clubs were prepared in this office and the advice 
of the Judge Advocate-General has been sought on numerous matters in con- 
nection with the formation and administration of these organizations. 

CONTRACTS 

There has been a great increase in the number of contracts which have been 
referred to this office, either for preparation or for advice on various matters 
which have arisen in connection therewith. In addition certain new forms of 
contracts have been prepared which are now in use, or which will be adopted 
shortly. 

GENERAL 

There has been a considerable increase in the number of general matters 
of various descriptions referred to the office of the Judge Advocate-General for 
advice or action, as well as a large increase in the number of daily interviews. 

PENSIONS 

The Judge Advocate-General is a member of the Pensions and Claims 
Board, and practically all matters pertaining to the administration of the 
Militia Pension Act are referred to his office for advice. 

REPORT OF THE JUDGE ADVOCATE-GENERAL [at p. 1285 of 1464] 

REPORT OF THE JUDGE ADVOCATE-GENERAL 

Courts-Martial 

During the fiscal year ending March 31, 1929, fifty-seven District Courts- 
Martial were convened and held, this being a decrease of eighteen compared 
with the number of such courts held in the preceding year. Of these courts- 
martial fifty-five were for the trial of military personnel and two for the trial 
of personnel of the Royal Canadian Air Force. 

Thirty-five courts dealt with charges of desertion and in thirty-one of these 
a further charge of losing arms, clothing and equipment was laid. In one 
instance the finding and sentence of a court-martial, which had been confirmed, 
were quashed on the advice of the Judge Advocate-General, and in two other 
instances it was necessary to quash the conviction on one of several charges 
which had been laid. 

It is evident from a review of the proceedings of all courts-martial held 
during the last fiscal year, that there has been an endeavour on the part of all 
officers concerned to improve their knowledge of military law and court-martial 
procedure, and the number of errors and irregularities which occurred was 
neither very great, nor were they of a particularly serious nature. Neverthe- 
less, it is apparent that there should be established a more comprehensive 
method of instruction in military-law and court-martial procedure, together 
with improved facilities for the dissemmination of advice on technical point* 
connected therewith. 

Iegislation 

During the year under review the only legislation drafted by the Judge 
Advocate-General was a small Bill making certain amendments to the Militia 
Pension Act so as to provide for the computation of officers' pensions on the pay 
and allowances received during the three years immediately preceding retire- 
ment, and to enable pension payable to an officer who for not less than three 
years had been a member or associate member of the Defence Council, being 
computed on the pay and allowances received as such member or associate 
member, should the same be more beneficial to him. 

Orders 
The adoption of a new procedure relating to the issue of Orders and Regu- 
lations resulted in there being established an Orders Committee for each of the 
three services administered by the Department of National Defence, and the 
Judge Advocate-General was appointed chairman of each of these committees. 
Consequently, all General Orders and amendments to Regulations now pass 
through his office, thereby increasing to a considerable extent the duties with 
which that office is normally charged. 

Investigations and Courts of Inquiry 

The Judge Advocate-General carried out several investigations of an 
important nature and, in addition, was in attendance at a number of Courts of 
Inquiry. 

Pensions 

Consequent upon the amendments to the Militia Pension Act made at the 
last session of Parliament, a large number of cases had to be reviewed, thereby 
resulting in a temporary increase in the number of matters normally referred 
to the Judge Advocate-General. Practically all these cases have now been 
examined and dealt with. 

General 

The usual volume of references and requests for opinions was maintained, 
and there was a considerable increase in the number of daily interviews. 

Report of the Judge Advocate General for Fiscal Year finishing 31 March 1930


-----------
Page 1 of 1606                                            This report at pp. 1239- 1333 of 1606

REPORT OF THE JUDGE ADVOCATE-GENERAL [at p. 1319-1320 of 1606]



REPORT OF THE JUDGE ADVOCATE-GENERAL 


Courts- Martial 

During the fiscal year ending March 31, 1930, 50 district courts-martial 
were convened and held, this being a decrease of 7 compared with the number 
of such courts held in the preceding year; 47 of these courts-martial were for 
the trial of military personnel and 3 for the trial of personnel of the Royal Cana- 
dian Air Force. 

It is evident, from a review of the proceedings of courts-martial held dur- 
ing the last fiscal year, that considerable improvement is taking place in the 
knowledge of military law and court-martial procedure of officers performing 
court-martial duty, and this was reflected in the comparatively small number 
of observations it was necessary for the reviewing officer to make. Such errors 
and irregularities as did occur were not of a particularly serious nature and in 
no case did they invalidate the finding. In only one instance was it necessary 
for the Judge Advocate-General to advise that the finding and sentence of a 
court-martial, which had been confirmed, should be quashed. 

Legislation 

During the year under review the only legislation drafted by the Judge 
Advocate-General was a small Bill making certain amendments to the Militia 
Pension Act so as to remove an anomalous situation respecting the provision of 
pension for the widow of an officer who dies in the service, when such officer 
comes within that class of officers to which subsection (2) of section 4 of the 
Militia Pension Act relates. 

Investigations, Courts of Inquiry, Committees, etc. 

The Judge Advocate-General carried out several investigations of an 
important nature and was also in attendance at a number of Courts of Inquiry. 
In addition, his duties as Chairman of the respective Orders Committee of the 
three services encroached, to a considerable extent, upon the time available for 
the routine duties of his office. 

Instruction in Military Law 

During the year under review, a course of instruction in military law for 
officers of the Permanent Force was organized and carried out. The prepara- 
tion of the various sets of questions, precis and comments, together with the 
marking of completed papers, was all done in the office of the Judge Advocate- 
General, the course itself being administered by the General Staff, which branch 
has requested that a similar form of instruction be carried out during the com- 
ing year. 

General 

The volume of references and requests for opinions was in excess of the 
preceding year and the number of daily interviews showed a decided increase. 

The expansion of the Air Mail Service, necessitating the acquisition of 
beacon sites and intermediate landing fields, resulted in a considerable increase 
in the work of the office, due to the numerous contracts and agreements which 
w^re required, many of them being of a novel type for which no precedents 
existed. 


The development of new ideas in the field of aeronautics very frequently 
necessitated a revision of contracts for the construction of aircraft whilst such 
construction was in progress, so as to enable the department to obtain the 
full advantage of such development. This necessitated extreme care being taken 
so as to ensure that while the department was being fully protected, the several 
manufacturers were not subjected to conditions impossible of fulfilment. 

During the year there were made by the Governor General in Council 
two references pertaining to the regulation of aerial navigation, and the 
liability of a province to reimburse His Majesty, in the right of the Dominion, 
for expenditure occasioned through the furnishing of troops in aid of the civil 
power upon a requisition from the Attorney-General of the province concerned. 
With respect to both these references, considerable data and preliminary infor- 
mation was requested of, and furnished by, the Judge Advocate-General. 

Due to the increase in the volume of work which the office is required to 
perform, a departmental solicitor was appointed by the Civil Service Com- 
mission, this being a civilian appointment. The departmental solicitor assists 
the Judge Advocate-General and acts for him in his absence.

.  Photo of a Court martial (training purposes)



For more information, see:  http://collectionscanada.gc.ca/pam_archives/index.php?fuseaction
=genitem.displayItem&lang=eng&rec_nbr=3299294&rec_nbr_list=4507286,4507283,451215
0,4507377,3299294,4512425,4507800 (accessed 18 December 2015)


(posted 18 December 2015)

  "This is the story of a ship and her company, a Tribal Class Destroyer of the Royal Canadian
Navy which, like her sisters, is a symbol of our times.

    During her commission she ranged from the gloomy wastes of the Arctic seas to the shores
of Hitler-held Europe.  Her guns blazed in many a fierce and spirited action as she played part
in the drama of these crucial days.

    It is a book without names because to mention one would be to mention all.  They, the living
and the dead, prefer so.  Her company, drawn from every province in this Dominion, were
common men, with little to their name.  They served were one is always close to reality, in the
ships which stand between us and our enemies" (Author's Note, p. xi)

Photos of Cattroll Photo Associates available at http://www.cattroll.com/CLIENTS-PHOTOS/2015UofO/

(posted 22 November 2015)

Image source: http://ottawacitizen.com/news/local-news/ottawa-judge-lise-maisonneuve-named-chief-justice-of
Lise Maisonneuve                                                                  -ontario, accessed 16 November 2015
.Chief Justice Lise Maisonneuve has a solid experience in military law

She was also a member of the Oversight Working Group for the Department of National Defence;
Advisor to the Military Police and Investigative Services Reorganization Steering Committee and
to the Military Police Services Review Group; Advisor to the Minister of National Defence’s
Committee on Change in the Department of National Defence and Special Legal Advisor to the
late Chief Justice of Canada Brian Dickson on various military investigations.
(see commonlaw.uottawa.ca/en/alumni/common-law-honour-society/announcing-2015-common-law-honour-society-inductees),
accessed 16 November 2015)

Testimony on Bill C-25, an Act to amend the National Defence Act and to make consequential amendments to other Acts before the Standing Senate Committee on Legal and Constitutional Affairs, Issue 39, 29 October 1998, see minutes and evidence; 


(posted 16 November 2015; amended 13 January 2016)




.  Image source: http://pm.gc.ca/fra/ministre/lhonorable-catherine-mckenna, accessed 7 November 2015
      Catherine McKenna

. Image source: https://fr.wikipedia.org/wiki/Louis-Joseph_Papineau, accessed 2 November 2015
Louis-Joseph Papineau painted by
Théophile Hamel

Did you know that a famous French Canadian lawyer and politician -- Louis Joseph Papineau -- was a member of the JAG militia in 1812?

ME [Michael Emon]: Louis-Joseph Papineau, many people know, was the moderate rebel leader in the rebellions of Lower Canada in 1837. He was the long-standing speaker of the assembly in Lower Canada, he was a lawyer, and in 1834 he helped draft the 92 resolutions that started, that tried to start, the dialogue of change in Quebec and Quebec politics. So a lot of people say “Why is he in a War of 1812 exhibition?”

AA [Angèle Alain]: Right, I was just going to ask that actually.

ME: And the thing is that the War of 1812 shaped many people, and of course Louis-Joseph Papineau was alive at the time and he was a part of the Canadian militia at the time. And of course the war, the conflict they had against the United States, shaped many people’s ideologies and mindsets, and also helped shape Louis-Joseph Papineau. And it also shows how long the war left an indelible mark on the political structure on Upper and Lower Canada. In fact, issues of a more republican and perhaps a different style of government couldn’t even be mentioned in polite company in the first decades after the war because there was so much anti-American sentiment. So people like Louis-Joseph Papineau had to take a more moderate path. And of course we know others who took a more radical path in the rebellion, but part of Louis-Joseph Papineau’s moderation came from this experience, where he was in fact part of the government and part of the militia.

AA: Did Papineau participate in the War of 1812?

ME: He was a captain, but he was part of the judge advocate general’s office. So he served in the function as a lawyer dealing with legal matters that would come up during the war.

(http://www.bac-lac.gc.ca/eng/news/podcasts/Pages/faces-of-1812.aspx, accessed 2 November 2015)


[see more on this issue,
under Papineau, Louis Joseph, this bibliography]