Image
source: https://www.youtube.com/watch?v=NgwDBy4PuHw, accessed 8 May 2017______
Other
sites on military law
-Part I --
Canadian Military Law -- Miscellaneous
- Blog
- 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 1999-2012 on National Defence Act
- Current
Affairs -- Sexual Misconduct
- Court
Martial Comprehensive Review 2016-2017
- Laws,
Regulations and Orders
- Superseded
Legislation
Part II -- Canadian Military Law --
Bibliography
A-B--C-D--E-G--H-L--M-R--S-Z
------
Image Source:
http://news.nationalpost.com/full-comment/kelly-mcparland-ottawas-secrecy-fetish-only-added
Photos from the JAG web site -- archives
- updated 2002-11-30 at /web.archive.org/web/20030418091354/http://www.forces.gc.ca:80/jag/photos/default_e.asp?VIEW_BY=title
- photos from the JAG Annual Report 2016-2017------------
Nancy Isenor Luc Boutin
--------
Jerry Pitzul
Deuxième personne à gauche: Cynthia Gaudreault
On the left, Jay Simpson
-
On the left, Nina Han
--- 
--- 
Cover
page of chapter 1 of the 2008-2009 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 these 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 Re-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.
-----------
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.
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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.
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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.
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- 1933, from the Report of the Department of National Defence Canada for the Fiscal Year Ending March 31 1933 Part 1 --Militia and Air Services Part II - Naval
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Reports of the Judge Advocate General from Fiscal Year finishing 31 March 1941 to
Regulatory requirement for an Annual Report
The position of the Director of Military Prosecutions (DMP) was established when the amendments to the
National Defence Act (NDA) in Section 35 of the Statutes of Canada came into force on 1 September 1999.
The Queen’s Regulations and Orders (QR&O) for the Canadian Forces were also amended effective 1
September 1999 and provide at Volume II, article 110.11 that:
“The Director of Military Prosecutions shall report annually to the Judge AdvocateGeneral on the execution of his or her duties and functions.” [DMP Annual Report, 1999-2000]----
Prescription d'un rapport annuel
Le poste de Directeur des poursuites militaires (DPM) a été créé lorsque les modifications
apportées à la Loi sur la défense nationale (LDN) à l'article 35 des Statuts du Canada sont
entrées en vigueur le 1er septembre 1999. Les Ordonnances et règlements royaux applicables
aux Forces canadiennes (ORFC) ont aussi été modifiés à compter du 1er septembre 1999, et
il est stipulé à l'article 110.11 du Volume II que :
« Le directeur des poursuites militaires fait un rapport annuel portant
sur l'exercice de ses fonctions au juge-avocat général. » [Rapport annuel du DPM, 1999-2000]
Image source:
http://www.forces.gc.ca/en/about-reports-pubs-military-law-dmp-2014-15/index.page#mess,
accessed 4 August 20152018-2019 (E)-(F), sent to JAG, dated 17 June 2019, signed by Colonel D.K. Fullerton, Annex D of the JAG annual report
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