-
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)
- TheReport
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
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To go further on this case/pour
aller plus loin sur ce cas, lire: "Mes
Pierre Décary et Jean Tarte traduits
en cour du Banc de la Reine", Le devoir, mardi, 13
mai 1941, à la p. 3; disponible à collections2.banq.qc.ca/jrn03/ devoir/src/1941/05/13/5226335_1941-05-13.pdf
(consulté le 23 septembre 2018):
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image
source: davidprattandassociates.com/jerry-pitzul/, accessed 11 May
2017
Mgén (ret) Jerry Pitzul, un ancien JAG
Le ministre des Anciens Combattants et ministre associé
de la Défense nationale, Kent Hehr, s’est joint
aujourd’hui à Pamela S. Williams,
juge en chef de la Cour provinciale et du tribunal de la
famille de la Nouvelle-Écosse, afin de lancer un
partenariat visant à appuyer les
vétérans qui ont des démêlés avec le système de justice
pénale de cette province, tel que proposé par le
lieutenant-général (ret) et ancien
sénateur Roméo Dallaire.
L’initiative proposée par le général à la retraite qui
aura bientôt 71 ans et qui est toujours très impliqué dans
les causes qui lui tiennent à
cœur comme les enfants-soldats et le sort des vétérans,
pourrait ensuite être étendue à l’ensemble du pays.
En 2015, Anciens Combattants Canada a reçu une
proposition du Lgén (retraité) Roméo Dallaire dans
laquelle il demandait au Ministère
de lancer un projet pilote visant à vérifier la
faisabilité d’un programme d’aide en matière de justice
pour les vétérans au Canada. Depuis ce temps, le Mgén (ret) Jerry Pitzul travaille de
près avec la province de la Nouvelle-Écosse et le
Ministère afin de
déterminer la portée d’un tel projet.
L’initiative d’aide en matière de justice pour les
vétérans annoncée aujourd’hui est le premier projet de ce
type au Canada. Le but de
cette initiative est de mieux identifier et retracer les
vétérans et leur éviter l’incarcération. Le ministre Hehr
dit croire que la mise en
œuvre de ce projet en Nouvelle-Écosse lui permettra
d’établir des ententes similaires avec les provinces et
les territoires du Canada.
-----
45E NORD.CA, "Parcourir
Justice/Enquête: Tous les articles concernant les affaires
judiciaires touchant les Forces armées canadiennes. Actuel
grand prévôt: brigadier-général Rob Delaney", disponible à http://www.45enord.ca/category/forces-canadiennes-2/justiceenquete/
(vérifié le 1er janvier 2017)
The results of the 2017 Public Service Employee Survey
(PSES) are presented according to the numerical order of
questions, grouped by section theme as they appeared in
the questionnaire. Results are not shown when there is no
historical comparison, or when there is an insufficient
number of responses.
Note: Due to rounding, percentages may
not add to 100. Results have been adjusted for
non-response to better represent the target population.
Therefore, percentages should not be used to determine the
number of respondents within a response category.
Les pères de la Confédération avaient compris qu'en demandant à l'Angleterre des libertés plus grandes que celles que les Canadiens possédaient sous l'Union, ils devaient aussi accepter de plus grandes obligations et en premier lieu celle de pourvoir à la défense de leur pays en organisant un service militaire pour la protection des intérêts territoriaux et UN SERVICE NAVAL pour la protection des intérêts maritimes.
La première session du premier parlement canadien fut tenue en 1868 et l'une des premières lois qui y furent adoptées fut la suivante :
"ACTE CONCERNANT LA MILICE ET LA DÉFENSE DU CANADA."
Cette loi fut sanctionnée le 22 mai 1868.
Comme on le verra par les citations qui sont faites ci-après, cette loi respectait les prescriptions de l'article 15 de notre constitution en attribuant au Roi régnant le commandement en chef des milices de terre ET DE MER et de toutes les forces militaires et NAVALES en Canada.
Elle décrétait qu'il y aurait un ministre de la milice et de la défense auquel serait attribué la responsabilité et [l'administration des affaires du
ressort de la milice, des fortifications des CHALOUPES CANONNIÈRES et des équipages de guerre appartenant au Canada.
Elle décrétait de plus que la milice se composerait de tous les habitants mâles du Canada âgés de 18 ans et plus et de moins de 60 ans.
Cette loi divisait la milice en MILICE ACTIVE et la MILICE de RÉSERVE.
LA MILICE ACTIVE devait se composer de LA MILICE VOLONTAIRE et de LA MILICE RÉGULIÈRE.
La milice régulière était celle que l'on pouvait obliger au service.
LA MILICE ACTIVE COMPRENAIT AUSSI LA MILICE NAVALE QUI ÉTAIT COMPOSÉE DE MARINS, MATELOTS ET PERSONNES ORDINAIREMENT EMPLOYÉES SUR LES EMBARCATIONS A VOILES
OU A VAPEUR NAVIGUANT DANS LES EAUX DE LA PUISSANCE.
Dans le cas où on avait besoin de soldats pour l'armée de terre ou de MARINS pour l' ARMÉE NAVALE, si les volontaires ne venaient pas offrir
leurs services en-nombre suffisant, la loi décrétait que le recrutement se ferait par le TIRAGE AU SORT. Tous ceux qui faisaient partie de la milice
MILITAIRE ET NAVALE (c'est-à-dire tous les hommes de plus de 18 ans et de moins de 60 ans) pouvaient être appelés au TIRAGE AU SORT.
C'était le service OBLIGATOIRE auquel tout homme de 18 à 60 pouvait être astreint.
10
La milice militaire et la MILICE NAVALE pouvaient être appelées en service actif par SA MAJESTÉ, le ROI ou la Reine. Voici ce que disait
l'article 61 du statut :
" SA MAJESTÉ pourra appeler, en tout ou en partie, la milice au service
actif, dans ou hors la Puissance, lorsque la chose sera en aucun temps jugée à
propos "
Cette loi subit en 1883 quelques modifications de détail, et elle fut reproduite dans les statuts du Canada de 1886 sous le chapitre 41.
Cette loi de 1886 RESTA EN VIGUEUR JUQU'EN 1904 pour ce qui s'appliquait à LA MILICE DE TERRE et elle resta en vigueur jusqu'au 4
mai 1910 pour tout ce qui concernait LA MILICE ET LES FORCES NAVALES.
A l'appui de ce que nous venons d'affirmer, nous citons l'article 136 de
la loi 4 Edouard VII, chap. 23, et l'article 63 de la loi 9 et 10 Edouard VII,
chap. 43.
" 4 Edouard VII, Chap. 23, Sect. 136
LES ACTES SUIVANTS du Parlement du Canada SONT ABROGÉS
en ce QU'ILS CONCERNENT LES TROUPES DE TERRE DE LA MILICE
ACTIVE OU DE RÉSERVE, savoir le Chap. 41 des Statuts Revisés,
intitulé : " Acte concernant la Milice et la Défense du Canada " "
9-10 Ed. VII, Chap. 43, Sect. 53,
EST ABROGÉ LE CHAPITRE 41 DES STATUTS REVISÉ8, 1886,
intitulé : "Loi concernant la Milice et la Défense du Canada" EN CE QUI
CONCERNE LES FORCES NAVALES DE LA MILICE ACTIVE ET DE
RÉSERVE.
[extrait pp. 9-10]
SS Brigadefuhrer Kurt Meyer, image source: pinterest.ca/pin/566961040571722487/,
accessed 18 December 2017
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
"The Abbaye Ardenne Case. Trial of SS Brigadefuhrer Kurt
Meyer, Canaddian Military Court, Aurich, Germany, 10th-28, December,
1945, Law-Reports of Trials of War Criminals, The
United Nations War Crimes Commission, Volume IV, London, HMSO,
1948, available at https://archive.li/jvbfr
(accessed 17 July 2017); see also http://www.worldcourts.com/imt/eng/decisions/1945.12.28_Canada_v_Meyer.pdf;
___________"Malaysia's Center of Military and International
Humanitarian Law: A Platform for the Region's Militaries",
(2019), volume 1, issue 1 Center for Military and
International Humanitarian Law, available at (accessed 24
November 2019);
Kirby Abbott (right) with Marc Philippe in Somalia, photo
reproduced from McDonald, R. Arthur, Canada's Military Lawyers,
infra., at p. 156.
____________"Persons Protected by the IHL in International Armed
Conflicts : the Law and Current Conflicts" in Proceedings of the
Bruges Colloquium -- Scope and Applicability of International
Humanitarian Law, 13th Bruges Coloquium, 18-19 October 2012,
Collegium, number 43, Autumn 2013, at pp. 47-58, available
at https://www.coleurope.eu/sites/default/files/uploads/page/collegium_43_webversie.pdf
(accessed on 3 November 2014);
Kirby
Abbott, image source: https://www.linkedin.com/pub/kirby-abbott/a1/974/89a?trk=pub-pbmap,
accessed 15 March 2015
___________Mr. Kirby Abbott is also a contributor to the following
book: Andrew Carswell, editor, and ICRC, Handbook on
international rules governing military operations,
Geneva : ICRC, 2013, 459 p. at p. 11 (for the list of
contributors), 23 cm (Collection; Reference), ISBN: 9782940396320;
Andrew Carswell is a former JAG member; available at https://www.icrc.org/eng/assets/files/publications/icrc-002-0431.pdf
(accessed on 2 March 2015);
International Committee of the Red Cross -
ICRC-Armed Forces Delegate For South East
Asia and the Pacific.
....
Retired as a Colonel in the Canadian Forces' Office of the
Judge Advocate General,
and a former Assistant Legal Advisor at NATO Military
Headquarters after 25 years
of service. Focused on operational and strategic legal advice
relating to all aspects
of use of force issues (training, planning, execution, post op
inquiries/litigation)
and strategic legal engagement.
....
The London School of Economics and Political Science
(LSE) Master of Laws (LL.M.)
(distinction, Lauterpacht prize in public international
program 2000-2001
(source: https://www.linkedin.com/pub/kirby-abbott/a1/974/89a?trk=pub-pbmap,
accessed 15 March 2015).
Kirby Abbott, the ICRC
armed forces delegate for South East Asia and the
Pacific,
explains the origin of IHL during the workshop. CC
BY-NC-ND / Satwant Singh
HARBANS SINGH / ICRC
Kirby Abbott, the ICRC armed
forces delegate for South East Asia and the Pacific, was
in Brunei
with his team to facilitate the workshop. Glad to see the
collaboration with RBAF [Royal Brunei Armed Forces]
growing from strength to strength over the years, he
expressed his gratitude for the tremendous
support extended by the Commandant and staff of Command
and Staff College to ensure the
smooth running of the workshop.
“It is encouraging to
receive positive feedback from the participants. For
instance, a participant
told us that he would henceforth plan and execute
operations after a deeper critical analysis,”
Abbott said. He added that the ICRC was keen to partner
with RBAF to train military officers,
and also to have the relevant rules of IHL and
international human rights law incorporated into
military training and operational procedures.
____________on ABBOTT, Major Kirby, see McDONALD, R. Arthur, (Ronald
Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office
of the Judge Advocate General, c2002, at pp. 158 and 172, available
at 103-242;
Image
source: www.amazon.com
_____________"Terrorists: Criminals, Combatants or ...? The
Question of Combatancy", in Canadian Council on International Law,
The measures of International
Law, Effectiveness, Fairness and Validity, 2004, Proceedings of the annual
conference - Canadian Council on International Law: Travaux du
congrès annuel - Conseil canadien de droit international Travaux
du congrès annuel - Conseil canadien de droit international,
Ottawa : Canadian Council on International Law, 2004, at p.
336-385; title noted in my research but article not consulted yet
(21 January 2012); other reference: "Abbott, Kirby,
Lieutenant-Colonel. "'Terrorists: Criminals, Combatants Or .... ?'
The Question of Combatancy (Panel D-2)." In The Measure of
International Law: Effectiveness, Fairness and Validity -
Proceedings of the 31st Annual Conference of the Canadian Council
on International Law, Ottawa, October 24-26, 2002 edited by
Canadian Council on International Law, New York: Kluwer Law
International, 2004 366-85." (source of that last reference is
from LEHRE, Eric J., 1949-, 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, infra);
Image
source: http://www.redcross.ca/cmslib/general/depliant_chil190905eng.pdf,
accessed 1 May 2016
ABBOTT, LCol Kirby, Legal Director of Training, Canadian Forces'
of the JAG and Mr. Geoffrey Corn, Assistant Professor of law,
South Texas College of Law, Facilitators, "The impact of the ICRC
study in military training", in [Report on the ] Canadian Red
Cross, International Conference, Customary International
Humanitarian Law: challenges, practices and debates,
September29, 30 and October 1, 2005, Montreal, Quebec, Canada,
available at http://www.redcross.ca/crc/documents/3-7-3-4_int_crc_mcgill_conference_report_eng.pdf
(accessed 1 May 2016);
The last question
debated focused on the increasing academic interest and
possible reliance on scholarly
writing as potential evidence of customary IHL and the
need to increase the dialogue between academia and
the military legal community. Important initiatives,
such as this conference were acknowledged for being
essential steps for positive exchanges between academic
and military communities as well as the involvement
of military personnel in research institutes and the
creation of opportunities for consultations with armed
forces and civil society contributing to government
policy decisions. Despite the agreement reached on the
positive aspects of the interaction between academia and
armed forces, two difficulties were raised. First the
need to accommodate the strategic necessity of
confidentiality of plans, means and methods of warfare
and
second, the lack of agreement on the meaning of general
legal concepts (e.g. proportionality). In both cases
the analysis cannot be oversimplified as a matter of
legality and must be dealt with on a case-by-case basis.
[p. 15]
Image
source:
http://www.forces.gc.ca/en/training-establishments/recruit-school.page,
accessed 14 May 2016
Lieutenant-Colonel Dave Abboud
ABBOUD, Dave, Army Command and General Staff Coll Fort
Leavenworth, KS, Safeguarding Canadian Arctic Sovereignty
Against Conventional Threats, Thesis dissertation, 2009, 95
p.; see bibliography at https://www.researchgate.net/publication/39962427_Safeguarding_Canadian_arctic_sovereignty_against_conventional_threats
(accessed 14 May 2016);
Abstract
The effects of climate change as well as national interests
over control of vast amounts of natural resources in the
Arctic seem to be destabilizing the
geostrategic environment involving the circumpolar states. A
traditional conflict scenario in the near future is not out
of the question, particularly if
the legal framework governing the region, the United Nations
Law of the Sea Treaty, proves inadequate to address the full
range of issues in the region
and fails to resolve territorial claims. Canada has ongoing
disputes with the United States, Russia, and Denmark
concerning the Arctic region and has
recently reaffirmed its commitment to its national
sovereignty. The primary research question posed by this
thesis is as follows: Does Canada have the
necessary military capabilities for Arctic operations to
deter and counter conventional threats to its sovereignty in
the Arctic? There are three secondary
questions: What is the current geostrategic environment in
the Arctic region, including the potential for conflict?;
What are the national interests, policies,
and military capabilities of Canada, the United States,
Russia, and Denmark regarding the Arctic?; and After
comparing each country's military capabilities
for Arctic operations and identifying a gap in Canadian
military capabilities, how should Canada proceed to ensure
its sovereignty in the Arctic? The
results of the comparative analysis of military capabilities
for Arctic operations establishes that Canada does not have
the necessary military capabilities to
deter and counter conventional threats to its sovereignty in
the Arctic. Consequently, Canada should leverage the other
means of national power, specifically
its existing multilateral security and defense agreements,
to ensure its sovereignty in the Arctic region.
(source: http://www.worldcat.org/title/safeguarding-canadian-arctic-sovereignty-against-conventional-threats/oclc/436205726&referer=brief_results,
accessed 2 March 2016);
ABDULLIN, A., "The Legal Regime of the Arctic Region: Military-Political Dimensions of the
Arctic Strategies of Russia and Canada",
(2015) 61(3) International
Affairs 210-226;
Description: The Arctic aspects of
intergovernmental relations between Russia and Canada, and their contacts
with respect
to northern affairs in general, may with good reasons be
considered the most promising form of interaction
between the two
countries, largely due to the international significance
of the Arctic, its impressive natural resources,
primarily its hydrocarbon
deposits, its military
strategic role, and its infrastructural and logistic
factors. For many years, Canada
positioned itself in its
Arctic policies as an inseparable part of the Western
world, sharing its anti-Soviet line. Despite the
collapse of the Soviet
Union, the end of the bloc confrontation, and the
plummeting role of geopolitics in international
relations, the distribution
of rights to the control and use of Arctic territories
and resources remains an uncompleted process. Here,
Abdullin discusses
the military-political
dimensions of the Arctic strategies of Russia and Canada.
[Source: http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page&pag=nxt&pageNumberComingFrom =9&frbg=&indx=81&fn=search&dscnt=0&scp.scps=primo_central_multiple_fe&vid=01LOC&mode=Basic&ct=Next%20Page&srt=rank&tab=default_ tab&dum=true&vl(freeText0)=military%20law%20canada&dstmp=1539281882356,
accessed 11 October 2018]
Image
source: news.nationalpost.com/news/canada/in-flood-ravaged-high-river-canadian-soldiers-find-something-resembling-a-war-zone,
accessed 18 September 2016 (photo by Jordan Verlage, Canadian Press)
The military on their way to High River to help, 22 June 2013
Copies of specific records related to the refusal of
National Defence personnel to
participate in the kicking in of doors to High River homes
by the RCMP
even though the RCMP considered this activity as a search
of "survivors".
Copies of records that show the rationale used to
justify the Canadian Armed
Forces personnel to provide transportation to the RCMP
officers to the High
River homes so they could kick in the doors and seize
private property without
warrants. Copies of any records related to this
apparent contradiction in the
Canadian Force's interpretation of the Request for
Assistance from the Alberta
Government and the orders given by the Minister of
National Defence and/or
their commanders in charge of the High River operation.
ACHESON SWEENEY FOLEY SAHOTA--PERSONAL INJURY EXPERTS, British
Columbia, "CAF Sexual Harassment/Assault Class Action", web page,
available at http://www.achesonlaw.ca/class-action/
(accessed 4 June 2017)
Leading personal injury law firm
Acheson Sweeney Foley Sahota LLP files proposed class
action
lawsuit alleging sexual harassment and assault of
female and LGBTQ members of the Canadian Armed Forces.
.... Nicola Peffers, who trained and
deployed out of CFB Esquimalt, is the first of many
members of this class action
lawsuit.
The purpose of this lawsuit is to
change this culture systemic abuse and to provide
survivors with a safe, open and
confidential space to speak their truth. We owe our
service members better when they proudly sign up to
serve their
nation, and receive abuse and assault in return.
Archibald Acheson (2e comte de Gosford)
ACHESON, Archibald, on, and the events leading to the declaration
of martial law in Montreal, see:
- "Proclamation [of Lord Gosford] proclaming
Martial Law, 5 December 1837", 7 éléments.Fonds Ministère de
la Justice
Ce dossier fait partie d'un ensemble de documents intitulé
: Proclamations, available at numerique.banq.qc.ca/patrimoine/details/52327/3321879,
consulté le 18 octobre 2018;
- on his biography, see Phillip Buckner, “ACHESON,
ARCHIBALD, 2nd Earl of GOSFORD,” in Dictionary of
Canadian Biography,
vol. 7, University of Toronto/Université Laval,
2003–, accessed October 18, 2018, http://www.biographi.ca/en/bio/acheson_archibald_7E.html;
ADAMS, Jonathan Paul, Major, lawyer, member of the Law Society of
Ontario and of the OJAG;
Image
source: ca.linkedin.com/in/jane-adams-roy-5a380126, accessed 8
July 2017
Jane Adams-Roy
ADAMS-ROY, Jane E., The
role of the lawful order in military leadership : necessary but
insufficient ... or insufficient but necessary?, [S.l.]: Canadian Forces Leadership
Institute, 2002, 38 leaves;
Contents
Introduction – Outline – The emergence of the professional army
and the soldier class. A historical perspective – Canada’s
military antecedents.
The development of and armed force in the “New World”. Militarily
– Canada on her own. The underpinnings of the lawful order in
Canada’s military
– The lawful order in modern times. The conundrum –
Leadership, command or management – which is it? – Obedience,
compliance and the military
– The making of a compliant soldier. Types of authority – Summary
– Some additional considerations. The role of the lawfulness of
orders in the
sanctioning of the wielding of violence: maintaining the moral
compass – Conclusion.
[http://ares.cfc.forces.gc.ca/rooms/portal/media-type/html/language/null/country/US/user/anon/page/Sirsi_AdvancedCatalogSearch,
accessed on 1 December 2011]
Image source: Holybourne Rare Books ABA ILAB(Alton, United Kingdom)
Admiralty Memorandum on Naval Court-Martial Procedure,
Ottawa: King's Printer, 1937, 185
pp with changes in packet inside back cover. Text clean. Size: 4to
- over 9¾" - 12" tall. Bookseller Inventory # 011969 at FromDBookmahn's Used and Rare Military
Books(Burke, VA,
U.S.A.); seen at
https://www.abebooks.com/servlet/BookDetailsPL?bi=22419665505&searchurl=kn%3Dmilitary%2Blaw%2Bcanada%26sortby%3D1
(accessed 12 October 2017);
Image
source: https://en.wikipedia.org/wiki/James_Lorimer_Ilsley,
accessed 7 January 2018
J.L. Isley
ADVISORY COMMISSION ON WAR CRIMES, CANADA, Ilsley, J.L. (James
Lorimer), 1894-1967, War claims; report,
February 25, 1952, also known as theIlsley
report on war claims, Ottawa : E. Cloutier,
Queen's Printer, 1954, ix, 99 p.,
xi-xxii; 25 cm; title noted in my research but book not
consulted yet (16 February 2017); copy at University of
Ottawa, Library Annex, call number: UB 375 .C3 C34 1954;
Africa Rights Report, "Somalia - Human Rights Abuses by
the UN Forces," London (July 1993);
Les Forces canadiennes sont visées par une
demande d’action collective, cette fois pour une
question de discrimination raciale.
Deux hommes noirs et un autochtone soutiennent avoir été
victimes d’insultes, de situations
de harcèlement et de menaces «violentes» qui ont été
«tolérées ou ignorées» alors qu’ils
servaient dans l’armée, selon le document juridique déposé
en Cour fédérale à Halifax
en Nouvelle-Écosse, le 14 décembre dernier.
«Quand des personnes s'enrôlent dans les Forces
canadiennes, elles s'attendent à servir,
à promouvoir et à protéger les idéaux qui nous sont chers
et dont nous profitons en tant
que Canadiens, soit l'égalité, la justice fondamentale et
la dignité humaine», a mentionné
Me Scott Campbell, avocat représentant les trois
plaignants, dans un communiqué publié
mercredi.
1991NOOR AHMED, LLB, writes: “After 12 years of
private practice in the Comox Valley
and six great years as a municipal
councillor in Courtenay, I felt it was time fora
career
change. Last year, I joined the Canadian Forces
and completed three months of basic
training and seven months of French language
training. In November 2006,
I was given
my first posting as a captain to the deputy judge advocate unit at CFB Petawawa. It’s been
an extremely positive move and wearing ‘CadPat’ is a lot more
comfortable than wearing suits!”
Chief Warrant
Officer Malcolm Taylor, CD, was presented with a
Certificate of
Service by Lieutenant-Colonel Noor Ahmed on July 9,
2021. CWO Taylor is retiring from the
@CanadianForces after more than 34 years of dedicated and
honourable service.
The federal government is making the first steps towards
settling three class action lawsuits with current and
former members of the Canadian Forces who allege rampant
sexual misconduct, racism, and gender
discrimination within the military.
"I am pleased to announce that the government and
plaintiffs of several class action lawsuits filed on
behalf
of members of the Canadian Armed Forces relating to sexual
assault, racism, harassment, and discrimination
have agreed to suspend the current litigation processes,"
Defence Minister Harjit Sajjan said in a statement
announcing the decision.
AISLIN, cartoon in The Ottawa Citizen, 7 July 1997
AITKEN, R.T.D., Major, prosecutor, see see "Ottawa Confirms Officers
Named for Court Here. Personnel of Standing General Court
Martial Now Officially Published", Calgary Herald, 24 August
1918 at p. 15, available at https://www.newspapers.com/....,
accessed 20 May 2020; the following officers were appointed to the
new Standing General Court Martial to deal with defaulters under the
Military Service Act: Major Carson, the AJAG for military
district number 12 was appointed Judge-Advocate of the court and
Major R.T. D. Aitken, the assistant director of stores and
transports, appointed as prosecutor;
___________AITKEN, R.T.D., Major, see the following
biographical notes that appeared in the Calgary Herald, 30
August 1916 at p. 5 and available at https://www.newspapers.com/clip/26528673/calgary-herald/,
accessed 20 May 2020;
Pressing (and holding) the Ctrl
key and scrolling
the wheel of the mouse allows to oom in or out of the web
page being viewed
__________on AITKEN, R.T.D., police magistrate and brother of
Lord Beaverbrook, see "R.T.D. AITKEN; Canadian Magistrate Brother of
Lord Beaverbrook", New York Times, 23 February 1939, section
O, at p. 28; title noted in my research but article not consulted
yet (29 May 2020);
AKOTO, Evelyne, "Les cyberattaques étatiques constituent-elles des
actes d’agression en vertu du droit international public ?
Deuxième partie", (2015) 46-2 Revue de droit d'Ottawa 199,
2015 CanLIIDocs 232, <http://www.canlii.org/t/8g1>,
consulté le 1er juillet 2018; disponible à https://commonlaw.uottawa.ca/sites/commonlaw.uottawa.ca.ottawa-law-review/files/46-1-akoto_partie1.pdf
(consulté le 28 octobre 2018); pour la premi'ère partie, voir
Première partie, 2015 46-1 Revue de droit d'Ottawa 1,
2015 CanLIIDocs 183, <http://www.canlii.org/t/87c>;
Abstract
The Charter of the United Nations, drafted to address the
perils of high intensity conflicts, does not seem,
at first glance, capable of answering the legal challenges
raised by the rapid conception and development
of new technologies. Information technology
infrastructures, having become the hotspots of our modern
societies, have now rendered states vulnerable to a new
protean and insidious threat: the state cyber attack.
Indeed, if subversion and low intensity conflicts were the
chosen means of the great powers during the Cold
War, the buildup of nuclear capabi lities by more and more
states, has made state cyberattacks, the perfect
tool to reach the same hegemonic ambitions.
This article will examine whether a state cyberattack
qualifies as an act of aggression according to the
criteria
set out by United Nations General Assembly Resolution
3314. The first section, published in the present
issue, will provide an overview of the notion of “state
cyberattack” and will illustrate it with the description
of the cyberattacks against Estonia in 2007, Georgia in
2008 and Iran in 2011. In conclusion, a brief presentation
of the challenges raised by state cyberattacks with
regards to the maintenance of international peace and
security.
The second section, to be published in the second issue of
the present volume, will review state-sponsored
cyberattacks in light of the international norms
pertaining to the prohibition of aggression.
Cpl. Jeffrey Kroetsch, a cook at the Edmonton
Garrison Combined Mess, serving with 1 Service Battalion,
testified Wednesday at his court martial proceedings after
pleading to one charge of stealing and one charge
of fraud a day earlier.
....
His pleas for help, as he spiralled into a whirl of alcohol
abuse and drug dependence, went unanswered,
Kroetsch told his defence lawyer, Maj. A. [Alexandre]
Gelinas-Proulx.
....
Kroetsch told prosecutor Maj. G.J. [Greg J.] Moorehead that
he pleaded guilty to the theft and fraud because he wanted
to be accountable for his actions.
Foreign military
personnel, their dependant(s), and, in some cases, their
civilian staff present in Canada in connection with
their official duties, are subject to the criminal
jurisdiction of both the Canadian civil (i.e. civilian)
court and of their military courts.
Pursuant to Part II
of the Visiting Forces Act R.S. c. V-6, the civil courts
have the primary right to exercise jurisdiction in respect
of
any act or omission constituting an offence against any
law in force in Canada alleged to have been committed by a
member of a
visiting force or a dependant, except the offence involves
the property or security of the designated state, the
person or property of
another member of the visiting force, or a dependant, or
an act done or anything omitted in the performance of
official duty. In such
cases, the visiting force’s service courts have the
primary right to exercise jurisdiction.
Provision exists for
the state having primary jurisdiction to waive its
jurisdiction in favour of the other state. Canada's treaty
obligations
to NATO and the general principle of comity of nations
require that sympathetic consideration be given to request
from a foreign state for
such a waiver.
Image
source: canada.com/health/Sheldon+Alberts+Amputation+gangrene+daily+reality+Canadian+field+hospital+Haiti/4020426/story.html,
accessed 12 May 2017
Sheldon Alberts
ALBERTS, Sheldon, "Confusion leads to uproar in House: 'Bunch of
Keystone Kops': Prisoners handed to American forces", National Post, Jan 30, 2002,
p.A1 / FRONT;
Maurice Alexander was born into a Jewish family,
the son of L G Alexander JP.
He was educated at McGill University in Montreal where he was a Gold
Medallist of the Literary Society. He obtained BA and BCL degrees.[1]
He does not seem to have ever married.
Career
Alexander went in for the law. He was called to
the bar of Quebec in 1910 and became a member of
the firm of Davidson, Wainwright, Alexander and Elder
barristers of Montreal.[1]
In 1911, he was commissioned as a lieutenant of the Grenadier Guards, Canada,
rising to the rank of lieutenant-colonel by 1916. He
served in the European theatre from 1914 to 1917 as a
member of the Canadian Expeditionary Force.[2]
In 1916 he was appointed to the post of Deputy Judge
Advocate-General, and stepped up to the full role in
1917. He was mentioned
in despatches and in 1917 he won the CMG.[3]
Alexander also had private business interests. He was a
director of the Elkington Co., Ltd, of Birmingham and London.[1]
___________on Alexander, Maurice, see "Declines to Act:
Under-Secretary of State for War Post Offered Canadian, Report",
Star-Phoenix, 27 August 1931 at p. 1, available at
https://www.newspapers.com/, accessed 19 May 2020;
___________on Alexander, Maurice, see "Five Canadians Get
Decoration of C.M.G.", The Globe, Toronto, 25 January 1917
at p. 1;
Pressing (and holding) the Ctrl
key and scrolling
the wheel of the mouse allows to oom in or out of the
web page being viewed
___________on Alexander, Maurice, see the following biographical
notes published in The Lethbridge Daily Herald, Friday, 20
October 1922 at p. 4; available at https://www.newspapers.com/,
accessed 19 May 2020;
Pressing (and holding) the Ctrl
key and scrolling
the wheel of the mouse allows to oom in or out of the web
page being viewed
___________on Alexander, Maurice, see McDONALD, R. Arthur, (Ronald
Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office
of the Judge Advocate General, c2002, at p. 23, available at i-xii and 1-102;
___________on "Lt.-Col. M. Alexander Found Dead in London", The
Gazette, Montreal, 17 July 1945 at p. 11, available at
https://www.newspapers.com/image/...., accessed 27 June 2020;
Pressing (and holding) the Ctrl
key and scrolling
the wheel of the mouse allows to oom in or out of the web
page being viewed
Pressing (and holding) the Ctrl
key and scrolling
the wheel of the mouse allows to oom in or out of the
web page being viewed
ALEXANDOR, Flight Lieutenant B.M. (Bernard Morris), Assistant
Judge Advocate General, see "Alexandor Transferred", The Globe
and Mail, 22 August 1942, at p. 19;
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
[Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca....,
accessed 5 October 2018 ProQuest Historical Newspapers]
___________"Deaths--Bernard Morris Alexandor, Q.C.", The
Globe and Mail, 13 May 1995, at p. G10;
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
[Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca,
accessed 5 October 2018 ProQuest Historical Newspapers]
___________on Alexandor, B.M., see "B.M. Alexandor Gets Promotion
to Flt. Lieutenant", The Ottawa Journal, Friday, 10
October 1941 at p. 15, available at, accessed 16 May 2020;
research note: there is also a photo of him 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
___________on Alexandor, B.M., see "B.M. Alexandor Leaves RCAF
Post", The Evening Citizen, Ottawa, 25 January 1946,
at p. 12;
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
[Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca
..., accessed 28 April 2020 ProQuest]
Image
source: https://www.lakeheadu.ca/users/A/ralford, accessed 28 May
2016
Dr. Ryan Alford
___________Testimony before the Standing Senate Committee on
National Security and Defence to which was referred Bill C-22, An
Act to establish the National Security and Intelligence Committee
of Parliamentarians and to make consequential amendments to
certain Acts, meeting of 12 June 2017, issue number 16, available
at https://sencanada.ca/en/Content/Sen/Committee/421/SECD/16ev-53422-e
(accessed 15 October 2018);
Worked
as part of the development team for the Judge Advocate
Information Management System
(JAIMS), an application designed to streamline the case
management process for the Office of the
Judge Advocate General (JAG).
ALLAN, Lieutenant-Colonel Peter, "Canada's National Security
Framework: Fragile Fortress on a Formidible Foundation?", Canadian
Forces College, JCSP 35, April 2009, ii, 87 p.; available at http://www.cfc.forces.gc.ca/259/290/295/286/allanp.pdf
(accessed 6 November 2015);
Source de
l'image: https://www.blogger.com/profile/02306961203553865645
(visité 24 septembre 2016)
Pierre Allard
ALLARD, Pierre, "La justice militaire sous l’œil de la Charte --
The JAGged eye" (novembre 2000) 9(7) National 28-31
et 52; note: revue publiée par le Comité des communications de
l’Association du Barreau canadien;
Image
source: https://ca.linkedin.com/in/matt-alle-5a61a138,
accessed 24 September 2016
Image
source: http://djcil.law.duke.edu/, accessed 12 February 2015
ALLEMAN, Lindsy Nicole, "Who is in charge, and who should
be? The Disciplinary Role of the Commander in military
justice systems", (2006) 16 Duke
Journal of Comparative and International Law
169-192; available at http://www.law.duke.edu/shell/cite.pl?16+Duke+J.+Comp.+&+Int%27l+L.+169
(accessed on 11 July 2008); deals in part with Canadian law;
Commentaires
de clients les plus utiles sur Amazon.com
Amazon.com: 3,0 sur 5 étoiles 1 commentaires
Une personne
a trouvé cela utile.
3,0 sur 5 étoilesAn
interesting viewpoint from a soldier's soldier
Par Kurt H. Edwardsle 29 février 2008
- Publié sur
Amazon.com
I see that no-one has
rated this book yet. It's been a few years since I've read
it, but I'll give this a try.
Rui was a member during the unit's troubles in in Somalia.
He tries to explain the role of the Airborne as an outlet
for the most extreme of soldiers -
a place where they could practice battlecraft on an
ongoing basis in preparation for the nastiest of military
operations. He then paints a picture of a
catastrophic failure of leadership - assignment of senior
officers based on Canadian politics instead of ability,
assignment of the airborne to operations
for which they were not trained and had no fundamental
affinity, utterly incompetent leadership on the ground,
and the craven cover-up and
blame-shifting by senior officers when the inevitable
occurred. His account jibes well with others I've heard -
the airborne was a tool that any
sovereign nation would have been glad to have in it's
military kit that the Canadian government, through lack of
care and understanding, blunted,
bent, broke and threw away. Rui's inside perspective is
facinating; I give the book only three of 5 stars because
though Rui tells a hell of a story,
he doesn't back it up with external sources and could have
been more clear about what he merely implied in many
places. Still, it was a fun read
and I recommended it to anyone interested in understanding
the role, structure and mechanics of "extreme" units like
the SAS, Rangers, and the
Airborne, and the need for the correct care and feeding of
these kinds of organization.
[source: amazon.ca/Eat-your-weakest-man-Canadian/dp/1894255097,
accessed 13 November 2017]
AMNESTIES, Military 1916-1919 /Amnisties militaires, 1916-1919
NICHOLSON, G.W.L. (Gerald William Lingen), 1902-1980, Canadian expeditionary
force, 1914-1919, Ottawa : R. Duhamel, Queen's
Printer and Controller of Stationery, 1964, xiv, 621
p., available at http://epe.lac-bac.gc.ca/100/200/301/dhh-dhp/cdn_expeditionary-e/CEF_e.PDF
(accessed on 3 May 2008); also published in French / aussi publié en
français: NICHOLSON, G.W.L. (Gerald William
Lingen), 1902-1980, Le
Corps expéditionnaire canadien, 1914-1919,
Ottawa : Roger Duhamel, Imprimeur de la Reine, 1963, xiv,
671 p., disponible à http://epe.lac-bac.gc.ca/100/200/301/dhh-dhp/cdn_expeditionary-f/CEF_f.PDF
(vérifié le 3 mai 2008);
"On the grounds that delinquents under the
Military Service Act had acted largely through ignorance or
the bad advice of ill-disposed
persons, on 2 August 1918 the Government granted an amnesty
to all defaulters and deserters who would report on or
before 24 August.55
In all 5477 persons gave themselves up under this
temporary amnesty, but when hostilities ended there were
still some 20,000 Class 1
men who had neither reported nor been apprehended.56
On 22 December 1919, when a general amnesty was proclaimed
for all offenders
under the Military Service Act, an estimated 15,000 were
still at large, with about the same number serving prison
sentences.57"
(p. 327; notes omitted)
------
Partant du principe que les délinquants avaient surtout agi
par ignorance ou sur les conseils de personnes mal
intentionnées, le 2 août 1918,
le gouvernement accordait l'amnistie à tous les violateurs
et déserteurs qui se présenteraient de leur propre chef au
plus tard le 24 août 55.
Au total, 5,477 hommes répondirent à cet appel mais à
la fin des hostilités il y avait encore 20,000 membres de la
classe 1 qui ne s'étaient
pas présentés et n'avaient pas été appréhendés56.
Le 22 décembre 1919, lorsque fut proclamée une amnistie
générale en faveur de tous les
violateurs de la Loi sur le service militaire, environ
15,000 d'entre eux restaient en liberté et à peu près autant
purgeaient des sentences en
prison57. (p. 320; notes omises
Image
source:
internationalcrimesdatabase.org/Case/966/Amnesty-International-Canada-v-Canada/,
accessed 24 April 2017
Amnesty International Canada and British Columbia Civil
Liberties Association v. Chief of the Defence Staff for
the Canadian Forces et. al., Court File No. T–324–07,
Respondent’s Factum 83 (Jan. 18, 2008), available at:
www.bccla.org/antiterrorissue/factumcrown.pdf; see http://www.internationalcrimesdatabase.org/Case/966/Amnesty-International-Canada-v-Canada/
(accessed 24 April 2017);
ANCTIL, Jacques, 1925-1983, Capitaine, officier légal poursuit la
Couronne, voir l'article: "Rebondissements d'une cour
martiale. Action en dommages contre la Couronne", La
presse (Montréal), mardi 25 novembre 1958 à la p. 49,
disponible à http://collections.banq.qc.ca/ark:/52327/2875205
(vérifié le 27 août 2018);
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
-Assemblée nationale, Commission permanente de la
justice. Etude des crédits du ministère de la Justice.Séance
du jeudi 4 avril 1974:
"[...]
M. BURNS: Quand on parle de personnes, il y en a une, ça
me fait de la peine évidemment de faire des personnalités,
mais je n'ai pas le choix.
Je vous avais, le 20 mars 1973, posé une question un peu
délicate et peut-être embarrassante pour le ministre,
relativement
au juge Jacques Anctil, à Montréal, qui — disons-le — est
carrément sur la tablette, comme on dit. Il reçoit, à ma
connaissance,
son salaire, il a tous les autres privilèges dont jouit un
juge lorsqu'il travaille comme juge et, effectivement, il
n'a jamais de
causes devant lui. Je me souviens que j'avais demandé au
ministre, à l'époque —c'était exactement le 20 mars — si
on ne devait
pas se prévaloir dans ce cas-là, étant donné le nombre de
problèmes qu'avait suscités —disons-le — le juge Anctil
auprès du Barreau
de Montréal, entre autres, de l'article 76 de la Loi des
tribunaux judiciaires pour que la cour d'Appel fasse
enquête, comme c'est
prévu déjà. Le ministre m'avait dit qu'il comptait régler
le problème dans un avenir rapproché. Je le cite au texte.
Alors, qu'est-ce
qu'il advient de cette situation?
M. CHOQUETTE: Effectivement, dans ce temps-là, je
comptais pouvoir régler le problème du juge Anctil et il y
avait une
solution en vue. Mais cette solution a achoppé pour
certaines raisons que je ne veux pas divulguer. Par la
suite, je crois qu'il y a
eu des procédures d'instituées par le juge Anctil contre
le journal The Gazette et le jugement vient d'être publié.
Alors, pendant la
durée de ces procédures, je n'ai pas voulu prendre
d'action, compte tenu du fait que c'était devant la cour
Supérieure. Mais j'ai
demandé à un avocat de faire l'étude complète du dossier
et de me donner un avis juridique. Dans un avenir
rapproché, je prendrai...
M. BURNS: Vous dites encore les mêmes mots, dans un
avenir rapproché.
- "Le juge Anctil plaide sa propre cause", La
presse, 23 juin 1973, Cahier A, à la p. 49:
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
- article par Léopold Lizotte: "Débouté dans une requête
contre 'The Gazette', le juge Anctil affirme que 'la justice
est une fumisterie' ", La presse (Montréal), 29
juin 1973, Cahier D, à la p. D13; disponible à: collections.banq.qc.ca/ark:/52327/2737806,
consulté le 27 août 2018;
- article: "Le procès Pearson: le juge Anctil disqualifié", La
presse (Montréal), 25 octobre 1972, Cahier A, à la p.
A-16; disponible à: collections.banq.qc.ca/ark:/52327/2721278,
consulté le 27 août 2018;
- article: "Le juge Anctil demande un examen public de sa
réadmission à la pratique du droit", Le devoir
(Montréal), jeudi 5 décembre 1974,
à la p. 7; disponible à: collections.banq.qc.ca/ark:/52327/2774902,
consulté le 27 août 2018;
- article : "Décès du controversé juge Jacques Anctil",
La Presse, 5 janvier 1983, Cahier A, à la p. A-5; disponible
à collections.banq.qc.ca/ark:/52327/2288749,
consulté le 27 août 2018;
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
ANDRAS, GAY J.W., "Military Law: Army Act as Applied to Canadian
Contingent Special Regulations Affecting Forces in the Colonies --
Civil Rights Carefully Guarded",The
Globe, 18 October 1899 at p. 2;
available at the Ottawa Public Library;
Image
source: inmagic.elgin-county.on.ca/ElginImages/archives/ImagesArchive/pdfs/R8_S4_Sh6_B1_17e.pdf,
accessed 2 May 2018
LCol M.W. Andrew
ANDREW, Maurice W., lawyer, defence counsel at the war crime trial
of Kurt Meyer; called to the Bar in 1931; died on 28 January 1970;
well-known lawyer in the Stratford area; had been sheriff of Perth
county since 1960; at the trial of Kurt Meyer, Andrew was assisted
by Captain
F. Plourde--- - North Shore Highlanders
CAO [and] Captain W. Lehmann,
(Personal Interpreter)--NWE
Det 1 Canadian War Crimes Investigation
Unit", see https://www.academia.edu/222219/Kurt_Meyer_on_Trial_A_Documentary_Record._Kingston_CDA_Press_2007._xii_697_pp._With_Chris_Madsen._
at p. 94;
___________on ANDREW, Maurice, see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa
: Office of the Judge Advocate General, c2002, at p. 64, available
at i-xii and
1-102;
___________on ANDREW, Maurice, see "Tribute to Late
Maurice Andrew", Kitchener-Waterloo Record, 5
February 1970;
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
___________on ANDREW, Maurice, see Whitney
Lackenbauer and Chris Madsen, “Justifying Atrocity:
Lieutenant-Colonel Maurice Andrew and the Defence
of Brigadeführer Kurt Meyer” in Yves Tremblay, ed.,
Canadian Military History Since the 17th Century: Proceedings of
theCanadian
Military History Conference
Ottawa, 5-9 May 2000 (Ottawa: Directorate of History and Heritage,
Department of NationalDefence
Headquarters, 2001), at pp. 553-564 and see pp. 554-5;
available at https://studylib.net/doc/8080854/canadian-military-history-since-the-17th-century
(accessed 5 October 2018);
-
"Brig Ian S. Johnson (11CIB) and LCol Maurice W.
Andrew of the Perth Regiment wearing the very popular,
all-leather, calf-high, steel-shod, British-made, brown
leather boots worn by many Canadian officers as the war drew
to a close. They are seen at a church service in Wagenborn,
Holland, 11May45. (LAC, PA191263); image source: http://www.perthregiment.org/rperth17.html,
accessed 23 March 2019.
Image
source: www.billanglin.com/1541.jpg, accessed 7 September 2017
Arthur Anglin
ANGLIN, Arthur, 1893-1974, see biographical notes at
www.billanglin.com/story4pt4.html (accessed 7 September
2017);
In 1919 he studied town planning at the University of
London before returning to North America to study at
Harvard. He obtained a bachelor of arts
degree from Harvard College, specializing in civic
government and school administration and later lecturing
there for three years in those subjects
while obtaining his law degree from Harvard Law School. He
graduated in 1923, having specialized in public utilities
and other branches of administrative
law, about which he prepared a textbook later used at the
University of Toronto.
On the outbreak of the Second World War he went overseas
as a staff officer with the First Canadian Division. He
became deputy judge advocate-general
in London with the rank of brigadier, being invested by
King George VI as a member of the Order of the British
Empire at a wartime ceremony in Buckingham Palace.
In 1948 Judge Anglin was appointed to the trial division
(Queen's Bench) and Divorce Court of the New Brunswick
Supreme Court and remained on the bench
until his retirement in 1968 at the age of 75.
___________on ANGLIN, Arthur,
see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at pp. 47,
49, 54 and 62, available at i-xii and 1-102;
Contents
1. Introduction: the politics of civil-military
cooperation -- 2. Missing pieces: thinking about
civil-military cooperation -- 3. The evolution of
civil-military cooperation in peace and war -- 4. A
Clausewitzian framework for analysis -- 5. The people:
ambivalent supporters -- 6. The government: delicious
ambiguity -- 7. The military:
bmbitious institution, ad lib individuals -- 8. Putting it
all together: building an effective strategic narrative --
9. Conclusion: the many whys of civil-military
cooperation. (Source: Hollis catalogue)
The Arms Trade Treaty became international law on
Dec. 24, 2014. Sadly, the Government of Canada was absent
from the Christmas
Eve celebration. Canada participated in negotiations for the
treaty and voted to approve the text in the UN General
Assembly in April
2013, but subsequently failed to sign it, becoming the only
member of NATO that has failed to do so.
___________ Canada as Home State
of Private Military and Security Contractors: Options to Ensure
Accountability for Human Rights Abuses Abroad, Master's
essay for LL.M. degree, University of Ottawa / mémoire de maîtrise
en droit pour le grade LL.M., Université d'Ottawa, 2008; titre noté
dans "Liste des mémoires de maitrise et thèses de doctorat acceptés
en 2008", (Automne 2009) 68
Revue du Barreau 583;
___________ notes on David Antonyshyn from 2017 Canadian Council
on International Law (CIL), 2017 CCIL Conference November 2-3 in
Ottawa, “Canada at 150: The Return
of History for International Law”, 2017 Speaker
Biographies, Keynote Speakers, available at http://www.ccil-ccdi.ca/speakerbios,
accessed 26 October 2017:
Colonel David
Antonyshyn (Moderator, Speaker) joined the
Canadian Armed Forces 1990 as a reservist. He practiced
law in general
private practice before joining the Office of the Judge
Advocate General (JAG) in 1998. Colonel Antonyshyn holds a
Master of Laws
from the Faculty of Law of the University of Ottawa, with
a focus on international human rights law, the law of
armed conflict and
international humanitarian law, an international criminal
law. He has deployed twice to Bosnia, once as a legal
advisor to the Canadian
Contingent of NATO’s Stabilization Force (SFOR) and once
as a legal advisor to the Commander and staff of SFOR. His
career includes
serving as Defence Counsel in the Directorate of Defence
Counsel Services, Legal Advisor to Joint Task Force 2, as
legal advisor in the
Strategic Joint Staff, as Director in the Directorate of
International and Operational Law, as Assistant Director
of Military Prosecutions
and most recently became the Deputy Judge Advocate General
Military Justice. (E)
In November 2018, David Antonyshyn became one of the
two Deputy Directors of Public Prosecutions with the
Public Prosecution Service of Canada (PPSC), which is
responsible to prosecute cases
under federal jurisdiction across
Canada and to provide legal advice and assistance to
law enforcement.
[...]
He has been a frequent speaker and instructor to a
number of courses in Canada and abroad, including at
the International Institute
of Humanitarian Law in San Remo, Université Laval
summer school, University of Ottawa, the Royal
Military School of Belgium,
and with the International Committee of the Red Cross
and the Swiss armed forces.
OTTAWA,
le 13 sept. 2018 /CNW/ -Kathleen Roussel,
directrice des poursuites pénales, a le plaisir
d'annoncer que le
gouverneur en conseil a nommé David Antonyshyn
à titre de nouveau directeur adjoint des poursuites
pénales; David
entrera en fonction le 1er novembre 2018.
David occupait précédemment le poste de juge-avocat
général adjoint à la Défense nationale, où, depuis
juillet 2017, il était
responsable de la justice militaire. Au cours de ses
20 années de carrière juridique au service de la
Défense nationale et des
Forces armées canadiennes, il a occupé des postes de
cadres supérieurs à responsabilités croissantes dans
divers domaines
de pratique, notamment ceux de directeur - Droit
international et opérationnel, de directeur - Droit du
personnel militaire
et de directeur adjoint des poursuites militaires.
David a été admis au Barreau du Québec en 1996. Il
détient un baccalauréat en droit (LL.B.) de l'Université
de Montréal et
une maîtrise en droit (LL.M.) de l'Université d'Ottawa
avec spécialisation en droit pénal international, en droit
humanitaire
international et en droit relatif aux droits de la
personne.
Image
source: core.ac.uk/download/pdf/34614618.pdf, accessed 7 January
2018
___________"The
Use and Status of Private Military and Security Companies -Practical
Experiences from the US and
Canada",
in Stanislas Horvat and Marco Benatar, eds., L'interopérabilité
juridique et la garantie du respect du droit applicable dans le
cadre des déploiements multinationaux, Texte du Congrès /
Legal Interoperability and Ensuring Observance of the Law
Applicable in Multinational Deployments, Bruxelles:
Société internationale de droit militaire et de droit de la
guerre, 2013 (collection; Recueils de la Société internationale de
droit militaire et de droit de la guerre; 19) at pp. 301 to 310;
notes:19eCongrès
international 19th
International Congress
,
s QUÉBEC (Canada), 1-5
mai/May 2012; available at http://www.academia.edu/3656564/LInteroperabilite_juridique_et_la_garantie_du_respect_du_droit_applicable_dans_le_cadre_des_deploiements_multinationaux_Legal_Interoperability_and_Ensuring_Observance_of_the_Law_Applicable_in_Multinational_Deployments
(accessed on 28 February 2014);
Beyond the Law? The Regulation of Canadian Private Military
and Securities Companies Operating Abroad
Extract
The private military and security sector has expanded
rapidly over the past decade and there is every reason
to expect this trend to continue. Western militaries are
increasingly dependent on them when deploying abroad,
and demands from the private sector and humanitarian
organisations operating in high-risk zones are unlikely
to diminish.
Allegations, sometimes substantiated, of abuses have
resulted in widespread calls for international regulation
of a sector that seems outside the control of traditional
state-based accountability mechanisms. Private military
and security companies (PMSCs) frequently operate in
jurisdictions where governance is weak and the rule of
law inconsistent. The home states of companies and security
personnel appear reluctant to regulate their
activities abroad, in part for fear that companies will move
their headquarters to more accommodating
jurisdictions. And where states are the contractors
themselves, they may be disinclined to act at the same
time as effective regulators.
This chapter seeks to describe the existing state of
Canadian legislation, regulation and policy relevant
to PMSCs operating outside of Canada.
Andrew was born in Rome, Italy on March 23, 1961
to Ursula (Carroll) and Lucio Appolloni
In 1965, with big sisters Luisa and Suzanne and younger
brother Simon, the family immigrated
to Canada. From a very young age, Andrew learned of civic
duty and service to country from
his parents’ example.
Joining the Royal Canadian Air Cadet program early in his
teen years set the stage for much
of his life. There he made lifelong friends, expanded his
leadership skills and decided to
pursue a career in the Canadian Armed Forces. Along the way,
he met and fell in love
with me - Janine Merk. We married in December of 1984 and
our adventure together began.
Andrew started his military career in Logistics and had the
challenge and honour of serving
with the United Nations in the Golan Heights early in his
career. Twelve years later he was
selected to become a lawyer through the Military Law
Training Program and was accepted
to the College of Law at the University of Saskatchewan in
1997. Upon graduation and
completion of his Articles with Legal Aid Saskatchewan, he
began working in military law
(AJAG). His final deployment was in the Congo - again with
the United Nations. Soon
after he arrived home to Germany, we were devastated to
learn Andrew had gastric/esophageal
cancer. He fought incredibly hard, beat the odds and learned
to live without a stomach.
Together we welcomed 5 children into our growing family
during 10 postings across
Canada and in Europe. Becoming a father was Andrew’s
greatest joy. He loved sharing
with his children his passion for music, movies, books and
food that he prepared and
shared with family and friends. He loved the outdoors,
hiking and boating and daily pup
walks with Dagliano and then Pepito.
Andrew was a true officer and a gentleman and because of the
example he set, all
5 children followed in his footsteps and joined the Canadian
Armed Forces. At present,
their combined years of service is over 80 years.
When Andrew retired from the military, life came full
circle, as he returned to
Saskatchewan to work with Legal Aid. ...
ARCHAMBAULT, LCdr, member of the OJAG, see "Postings/position
Changes --Leg 67--LCols/Majs/Capts", by Capt(N) W.A. Reed, 26 Jun
98, at p. 4 of the article in (May/June 1998) 3 JAG
Newsletter/Bulletin d'actualités;
ARCHAMBAULT,
Louise (M.C.L). was a captain with the OJAG in 1985
(source: Canadian Forces Officer's List
(Regular) (Bilingual), A-AD-224-001/AF-001,
1985-11-20, obtained from DND, Access to
Information and Privacy, file A-2019-00318, 13
February 2020);
ARCHAMBAULT, M.C., Lieutenant-Commander, was the prosecutor in
R. v. Morin 1987 CM 13, Standing Court Martial, Montreal, 2
December 1987, source of information: MADSEN, C.M.V. (Chris
Mark Vedel), Military law and operations, Aurora (Ontario): Canada Law Book, c2008-, vol. 3, at p. APP2: 1987-42;
Peter Michael Archambault, image source: http://ca.linkedin.com/pub/peter-archambault/52/44b/2ba,
accessed on 17 June 2014
ARCHAMBAULT, Peter Michael, Mutiny
and
the Imperial Tradition: The Canadian Naval Mutinies of 1949 and
the Experience of Mutiny in the Royal Navy, Thesis (M.A.),
University of New Brunswick, 1992;
[Abstract]
In February and March of 1949, mutinies occurred in three
ships of the Royal Canadian Navy. Men from HMCS Athabaskan,
Cresent and Magnificent refused
to answer routine pipes, remaining in their mess decks in
silent protest against a long build up of grievances. These
were not mutinies of revolutionary intent or
consequence, involving neither violent resurrection nor radical
demands of social or political change. Rather, they were
quite hum-drum affairs, short-lived and
uneventful. However, mutinies they were and, for the first
time since that at Invergordon in 1931, a 'British' navy had
a case of widespread insubordination on
its hands. This thesis suggests that a 'tradition' of sorts has
existed among mutineers of these two services. That 'tradition'
holds that mutinous acts remain
fundamentally loyal to the status quo of the service, challenging
not social or political systems, but rather demanding conditions
of service promised by those
systems. In other words, mutiny has erupted when those in
authority have neglected their responsibilities regarding the men.
The examination of the four most
widespread mutinies in the Royal Navy, those at Spithead and
the Nore in 1797, in various ships in 1859 and at Invergordon in
1939 well illustrates this point.
(Abstract shortened by UMI.) [Source: AMICUS
catalogue, National Library and Archives Canada]
The establishment of the Office of the Judge Advocate
General (Army) was authorized by the Canadian
Expeditionary Force Routine Order No. 327 in
1911. It consisted of the Judge Advocate General, the
President of the Pensions and Claims Board, an Executive
Officer, a Secretary and a Chief Clerk. In
1917, following the passing of the National
Defence Act, the Office of the Judge Advocate General
became part of the Department of National Defence.
Its terms of reference were to supervise and
control the administration of Naval, Army and Air Force
Law, to advise on all matters leading up to the
convening of Courts Martial and the review of
proceedings, to deal with the recording of proceedings
of Courts Martial and their final disposition, to
assist the Minister in the formulation of any
advice it may be necessary to give the Governor in
Council with regard to the proceedings of General Courts
Martial, to advise on and perform certain duties
in relation to matters of a legal nature within the
Department of National Defence and to revise and amend
the Naval, Military and Air Force Law and
regulations, when and as required to do so. The Judge
Advocate General was also legal advisor to the Defence
Research Board following its creation in 1947. The
JAG reported to the Deputy Minister and had three
Deputies, one Naval, one Army and one Air Force
officer. In the 1950s, the office of the JAG was
divided by the following functional aspects:
international and general, legislation, special
projects, claims,
pensions, real property, patents and inventions,
courts martial, and estates and administration.
Representatives of the JAG in the field could be legal
officers
of any of the three Services and served all three
Services in the area to which they are assigned. The
Assistant Judge Advocates General in the field were
effectively legal advisers of the local Flag
Officers, General Officers Commanding or Air Officers
Commanding in their respective areas. In addition to the
Assistant Judge Advocates General for regions
within Canada (Pacific, Prairie, Central, Eastern and
Atlantic), there existed a Senior Legal Advisor Europe
(SLEA). In 1958, eight naval, 38 army and 35 air
force legal officers were employed on the staff of the
JAG and staffs of service headquarters and commands.
In the early-1960s, there were 46 positions for
lawyers on the establishment of the JAG's office and 23
legal positions on service establishments. Until 1998
or 1999, the JAG's functions remained essentially
unchanged. However, at that time, the function of
Department of National Defence (DND) and Canadian
Forces (CF) Legal Advisor (LA) was created. The
DND/CF LA is a unit of the Department of Justice that
provides legal advice to the Department and Forces
on matters other than military law and the
military justice system, in accordance with the
Department of Justice Act. The JAG remains responsible
for matters
involving military legal components.
History
The Senior Legal Advisor Europe (SLAE), was a regional
organization of the Office of the Judge Advocate General
(JAG), which was responsible
for the legal duties required to be performed for the
Department of National Defence, the Army, the RCN, the RCAF
and the
Defence Research Board.
Some of the particularities of the European
component of the JAG included trying courts martial for
matters handled in civil courts when occurring in
Canada since the National Defence Act extended
criminal jurisdiction to forces deployed overseas and
their dependants. The lengthy Canadian presence
in Germany during the Cold War permitted the
Canadian Armed Forces to become accustomed to handling
serious civil crimes by courts marital instead
of civil courts. As well, in Europe, certain of the
JAG's representatives were appointed by the
Governor-in-Council to act as courts for the purposes of
the Canadian Citizenship Act. In addition to its
duties with Canadian Forces units in Europe, the SLAE was
responsible for providing legal advice to
Canadian authorities at the various North Atlantic
Treaty Organization (NATO) Headquarters in Europe, under
certain circumstances. The Assistant
Judge Advocate General (AJAG) Europe was also
responsible for providing legal services to elements of
the Canadian Forces serving with the United
Nations in Europe. As of August 1993, the office of
the SLAE was still in existence with its location at
Canadian Forces Base (CFB) Lahr, in Germany.
The last of the Canadian Forces pulled out of
Germany in 1994.
___________see the result of the search for "Judge advocate
General" for the repository of NDHQ Directorate of History and
Heritage, Ottawa see http://www.archeion.ca/;search?query=judge+advocate+general
(access on 25 February 2012); here is a description of the four
fonds:
The Deputy Judge Advocate General was first attached to the
1st Contingent, Canadian Expeditionary Forces in December 1914.
The General Officer
Commanding the 1st Contingent, C.E.F. made an application
to the Army Council in London for a Canadian officer experienced
in military law to be
attached as a Deputy Judge Advocate General. He was to act
as an advisor on the Rules of Procedure for courts martial.
Canada was required to pay
for the officer although the British had overall control
of discipline among Canadians.
....
Fonds consists of notes and reports regarding the award and
confirmation of sentences of death of twenty-five Canadian
soldiers in the
First World War by the Chief of the General Staff. Also
includes excerpts from two books dealing with the troubles of
the 41st Battalion,
Canadian Expeditionary Forces, and Canadian deaths by
firing squad.
(source: http://www.archeion.ca/deputy-judge-advocate-general-advisory-fonds;rad,
accessed on 25 February 2012);
- Fonds 88/35 -- Office of the
Judge Advocate General Senior Legal Advisor Europe fonds,
reference code CA ON00093 88/35
The Senior Legal Advisor Europe (SLAE), was a regional
organization of the Office of the Judge Advocate General (JAG),
which was responsible
for the legal duties required to be performed for the
Department of National Defence, the Army, the RCN, the RCAF and
the Defence Research Board.
Some of the particularities of the European component of
the JAG included trying courts martial for matters handled in
civil courts when occurring in
Canada since the National Defence Act extended criminal
jurisdiction to forces deployed overseas and their dependants.
The lengthy Canadian presence
in Germany during the Cold War permitted the Canadian
Armed Forces to become accustomed to handling serious civil
crimes by courts marital instead
of civil courts. As well, in Europe, certain of the JAG's
representatives were appointed by the Governor-in-Council to act
as courts for the purposes of the
Canadian Citizenship Act. In addition to its duties with
Canadian Forces units in Europe, the SLAE was responsible for
providing legal advice to Canadian
authorities at the various North Atlantic Treaty
Organization (NATO) Headquarters in Europe, under certain
circumstances. The Assistant Judge Advocate
General (AJAG) Europe was also responsible for providing
legal services to elements of the Canadian Forces serving with
the United Nations in Europe.
As of August 1993, the office of the SLAE was still in
existence with its location at Canadian Forces Base (CFB) Lahr,
in Germany. The last of the
Canadian Forces pulled out of Germany in 1994.
....
Fonds consists of fourteen files containing legal
documents and correspondence regarding the Canadian forces
presence in Europe during the 1950s and 1960s.
These include negotiations, agreements and contracts
on matters such as the use of various airfields, NATO status
of forces agreements, leases of buildings used
as schools and teaching contracts in places such as
Rocroi and Metz in France, Decimomannu in Italy and in
Belgium and Germany.
(source: http://www.archeion.ca/office-of-judge-advocate-general-senior-legal-advisor-europe-fonds;rad,
accessed on 25 February 2012);
- Fonds 2002/23 -- Office
of the Judge Advocate General fonds, reference code
CA ON00093 2002/23
The establishment of the Office of the Judge Advocate
General (Army) was authorized by the Canadian
Expeditionary Force Routine Order No. 327 in
1911. It consisted of the Judge Advocate General,
the President of the Pensions and Claims Board, an
Executive Officer, a Secretary and a Chief Clerk.
In 1917, following the passing of the National
Defence Act, the Office of the Judge Advocate General
became part of the Department of National Defence.
Its terms of reference were to supervise and control
the administration of Naval, Army and Air Force Law, to
advise on all matters leading up to the convening
of Courts Martial and the review of proceedings, to
deal with the recording of proceedings of Courts Martial
and their final disposition, to assist the Minister in
the formulation of any advice it may be necessary to
give the Governor in Council with regard to the
proceedings of General Courts Martial, to advise on and
perform certain duties in relation to matters of a
legal nature within the Department of National Defence and
to revise and amend the Naval, Military and Air
Force Law and regulations, when and as required to
do so. The Judge Advocate General was also legal advisor
to the Defence Research Board following its
creation in 1947. The JAG reported to the Deputy
Minister and had three Deputies, one Naval, one Army and
one Air Force officer. In the 1950s, the office
of the JAG was divided by the following functional
aspects: international and general, legislation, special
projects, claims, pensions, real property, patents
and inventions, courts martial, and estates and
administration. Representatives of the JAG in the field
could be legal officers of any of the three Services and
served all three Services in the area to which they
are assigned. The Assistant Judge Advocates General in the
field were effectively legal advisers of the local
Flag Officers, General Officers Commanding or Air
Officers Commanding in their respective areas. In addition
to the Assistant Judge Advocates General for
regions within Canada (Pacific, Prairie, Central,
Eastern and Atlantic), there existed a Senior Legal
Advisor Europe (SLEA). In 1958, eight naval, 38 army and
35 air force legal officers were employed on the
staff of the JAG and staffs of service headquarters and
commands. In the early-1960s, there were 46 positions
for lawyers on the establishment of the JAG's office
and 23 legal positions on service establishments. Until
1998 or 1999, the JAG's functions remained
essentially unchanged. However, at that time, the
function of Department of National Defence (DND) and
Canadian Forces (CF) Legal Advisor (LA) was created.
The DND/CF LA is a unit of the Department of Justice
that provides legal advice to the Department and Forces on
matters other than military law and the military
justice system, in accordance with the Department of
Justice Act. The JAG remains responsible for matters
involving military legal components.
....
Major J.T. Loranger was a Canadian lawyer with the
Office of the Judge Advocate General (JAG) of the
Department of National Defence. He served with No. 5
War Crimes Court of the Japanese War Crimes
Tribunal in Hong Kong from May to October 1947. While
in Hong Kong, Loranger also worked as a liaison to
the British War Graves Registration Unit that
was operating in the area. Major Loranger died in
1983.
....
Fonds consists of material documenting Major J.T.
Loranger's involvement in the Japanese War Crime
Tribunal after the Second World War. This includes
information
on charges, witness statements, court rulings,
and addresses to the court for a wide range of
Japanese war crime trials. Also included are the
locations of various casualty
graves, Loranger's personal notes on the
Japanese language, two manuals entitled Circular
Memorandum on Field General Court-Martial on Active
Service for Use in the
United Kingdom and Manual on Military Law, 1929,
and two black & white photographs of Loranger in
court. There are 4 series:I. War Crimes CommissionII.
Major
G.B. Falconar TrialIII. Trials of Japanese War
CriminalsIV. Miscellaneous (source: http://www.archeion.ca/j-t-loranger-fonds;rad,
accessed on 25 February 2012);
ARCHER, M.G., Lieutenant-Colonel, "The Humanitarian Yardstick
within the Law of Armed Conflict", Canadian Forces College , AMSP
(2000), AMSC 5, 28 p., available at http://www.cfc.forces.gc.ca/259/260/265/archer.pdf
(accessed 2 February 2017);
ABSTRACT
This paper contends that
Canada has the legal authority to hand over personnel
captured by Canadian military forces during periods
of international armed conflict to
American forces involved in the same operation for
detention when Canadian resources
have not been allocated or are deemed insufficient.
Examination of this topic results
from questions that arose in Canadian Parliament when it
became known that Canadian
Forces personnel deployed to Afghanistan as part of OP
APOLLO had been involved in
the capture of personnel, and had transferred these
prisoners to American custody.
In this paper, concepts
related to the law of armed conflict as it relates to
aspects
of international law, operational aspects of the Law of
Armed Conflict, and differences
between American and Canadian interpretations are reviewed
as they relate to the transfer
of prisoners from Canadian to American custody during OP
APOLLO. Finally,
determination as to the validity of the thesis statement
is provided.
Since joining the JAG branch, I
have completed basic officers’ training in St. Jean, Quebec (yes,
lawyers do it too!), worked at JAG Headquarters in
Ottawa, conducted courts martial both in and outside Canada
and been deployed on operations in Aviano, Italy before and during
the Kosovo conflict.
Like the other two legal officers who were also deployed in Italy
during the Kosovo conflict, my duties included advising the
Canadian Air Force Contingent
Commander with respect to many matters. Among these were
advising with respect to orders given to Canadian service
personnel by NATO commanders in
light of Canadian interpretation of international law. As
well, I offered training and advice to Canadian CF-18 pilots in
the interpretation and application of
rules of engagement, or “ROE”, which, in the context of the
air operations during the Kosovo conflict, governed when armed
force could be used in air to
air and air to ground engagements. Similarly, I advised the
pilots on the availability and extent of self-defence both in the
air and on the ground, in the event
that they had to eject from their plane.
In addition, due to the nature of the operations that were
occurring, a crucial part of my role was to review the targets
that were assigned to Canadian pilots for
legality under Additional Protocol I from a Canadian
standpoint. This included an assessment of whether the target was
a military objective and whether the
collateral damage that would likely result was
disproportionate to the military advantage which would be gained.
Being fully integrated into the combat team
was essential to my ability to do my job properly and has
helped to further the involvement of lawyers in combat at both the
tactical and operational levels in
the Canadian Forces.
Of course, being a lawyer with a deployed unit, I also provided
legal advice with respect to disciplinary matters, the application
of NATO Status of Forces
Agreements, contracts, wills and many other legal issues
that arose in the context of a group of Canadians living and
working overseas.
Agenda
Commander Archer was called to the BC Bar in 1991. She worked
as Crown Counsel for several years before joining the Canadian
Forces. As a member of the Office of the
Judge Advocate General (JAG) her postings as legal
advisor have included Kosovo, the Persian Gulf and
Afghanistan. Cdr Archer was the Senior Legal Advisor to the
Commander of the Canadian Expeditionary Force Command,
who oversees all overseas deployments of the Canadian Forces.
She also attended the NATO Defence College
in Rome and was the Assistant Legal Advisor at NATO
Supreme Headquarters Allied Powers Europe.
Cdr Archer's presentation will provide an overview of the
structure and services of the JAG. She will describe the
position of Judge Advocate General, including the specific
duties and functions assigned under the National
Defence Act. Her presentation will reflect how the lawyers
in the Office of the Judge Advocate General fulfill the JAG
mission in support of the Canadian Armed Forces and
the Department of National Defence by delivering
independent, operationally focussed, solution oriented legal
advice
and services across the full spectrum of military law,
and by assisting the Judge Advocate General in his
responsibility to superintend the administration of military
justice.
The vision for the JAG team is to be an agile military team
of world class, operationally focussed, globally deployable
and networked legal professionals, proudly contributing
to a disciplined force and mission success in a manner
that reflects Canadian values and the rule of law. Cdr
Archer will describe who makes up the Office of the JAG, how
the
Office of the JAG is structured, the range of work and
the services provided in advising on military justice,
operational law and military administrative law at home in
Canada
and on deployed military missions elsewhere in the
world.(source: http://www.cbapd.org/details_en.aspx?id=BC_PUB0514R,
accessed 12 February 2015)
___________on ARCHER, Lieutenant-Commander Sheila, see McDONALD, R.
Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at p. 173,
available at 103-242;
Judge Archer – will
be sworn in on July 27, 2021. She will be assigned to the
Vancouver
Island region with chambers in Nanaimo. Following her call
to the bar in 1991, Judge Archer
spent five years as Crown counsel, appearing primarily in
Provincial Court on criminal law
matters. From 1997-2017, her criminal law experience was
within a military context, where
she served as a legal officer in the Canadian Armed Forces
Office of the Judge Advocate
General for 20 years. Following her military release, Judge
Archer joined the B.C. Ministry
of Attorney General Legal Services Branch Health and Social
Services division, as counsel
for the Medical Services Commission. She participated in
mediations and appeared at hearings
where alleged overbillings of the Medical Services Plan were
determined. Judge Archer also
served as counsel to the Special Investigations Unit at the
Ministry of Health on policy matters.
Having often been the first or only woman in a given role,
she has been a leader in mentoring
and supervising other women lawyers practicing in similar
areas.
___________photos, source: (2005) 1 Les actualités JAG
Newsletter at pp. 1-2;
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
ARCHIVES CANADA, CAIN No. 211742, Title: Office of the Judge
Advocate General fonds, Repository: NDHQ Direcrtorate of History
and Heritage, reference code CA ON00093 2002/23; to reach NDHQ
Directorate of History and Heritage,
613-998-7602, 613-990-8579, elizabeth.fournier@forces.gc.ca;
Notes: "On October 20, 2001, the Canadian Council of Archives
launched the Canadian Archival Information Network, an electronic
initiative designed to provide online access to holdings in over
800 archival institutions across the country. Known initially as
CAIN, the network has now become Archives Canada
(ARCHIVESCANADA.ca)" (source: http://www.archivescanada.ca/english/about.html,
accessed on 25 February 2012); Canadian Council of Archives, 130
Albert Street, Suite 501, Ottawa, Ontario, K1P 5G4, Toll free
1-866-254-1403, E-mail: cca@archivescanada.ca;
ADMINISTRATIVE HISTORY/BIOGRAPHICAL
SKETCH:
The establishment of the Office of the Judge Advocate General
(Army) was authorized by the Canadian Expeditionary Force Routine
Order No. 327 in 1911.
It consisted of the Judge Advocate General, the President of
the Pensions and Claims Board, an Executive Officer, a Secretary
and a Chief Clerk. In 1917,
following the passing of the National Defence Act, the
Office of the Judge Advocate General became part of the Department
of National Defence. Its terms
of reference were to supervise and control the
administration of Naval, Army and Air Force Law, to advise on all
matters leading up to the convening of Courts
Martial and the review of proceedings, to deal with the
recording of proceedings of Courts Martial and their final
disposition, to assist the Minister in the
formulation of any advice it may be necessary to give the
Governor in Council with regard to the proceedings of General
Courts Martial, to advise on and perform
certain duties in relation to matters of a legal nature
within the Department of National Defence and to revise and amend
the Naval, Military and Air Force Law
and regulations, when and as required to do so. The Judge
Advocate General was also legal advisor to the Defence Research
Board following its creation in 1947.
The JAG reported to the Deputy Minister and had three Deputies,
one Naval, one Army and one Air Force officer. In the 1950s, the
office of the JAG was divided
by the following functional aspects: international and general,
legislation, special projects, claims, pensions, real property,
patents and inventions, courts martial,
and estates and administration. Representatives of the JAG
in the field could be legal officers of any of the three Services
and served all three Services in the area
to which they are assigned. The Assistant Judge Advocates
General in the field were effectively legal advisers of the local
Flag Officers, General Officers
Commanding or Air Officers Commanding in their respective
areas. In addition to the Assistant Judge Advocates General for
regions within Canada (Pacific, Prairie,
Central, Eastern and Atlantic), there existed a Senior Legal
Advisor Europe (SLEA). In 1958, eight naval, 38 army and 35 air
force legal officers were employed on the
staff of the JAG and staffs of service headquarters and
commands. In the early-1960s, there were 46 positions for lawyers
on the establishment of the JAG's office and
23 legal positions on service establishments.Until 1998 or
1999, the JAG's functions remained essentially unchanged. However,
at that time, the function of Department
of National Defence (DND) and Canadian Forces (CF) Legal
Advisor (LA) was created. The DND/CF LA is a unit of the
Department of Justice that provides legal
advice to the Department and Forces on matters other than
military law and the military justice system, in accordance with
the Department of Justice Act. The JAG
remains responsible for matters involving military legal
components. (source:www.archivescanada.ca/english/search/ItemDisplay.asp?sessionKey=999999999_142&l=0&lvl=1&v=0&coll=0&itm=211742&rt=1&bill=1,
accessed on 25 February 2012);
Office of the JAG@JAGCAF·
(accessed 4 April 2021)
ARGUE, Ian (Ian William), lawyer, member of the Law
Society of Ontario, legal officer of the OJAG (as of 22
February 2018);
Le 17 février 2015, Tsahal a accueilli une
conférence de trois jours pour discuter du droit international
dans les conflits armés contemporains, avec
des participants venant des quatre coins du monde. Ce
groupe international, composé d’avocats militaires, d’experts
dans le domaine du droit militaire,
de conseillers juridiques pour des organisations
internationales, a discuté des difficultés opérationnelles et
des défis posés par les conflits armés contemporains.
Guerres asymétriques, combats urbains et ennemi mêlé à la
population civile sont les défis majeurs dans les conflits
actuels. Ces problèmes sont communément
rencontrés par les armées des différents pays
démocratiques engagés dans des conflits à travers le monde.
Afin de discuter de ces défis et de leurs possibles solutions,
Tsahal a accueilli sa première Conférence Légale
Internationale sur le Droit International dans les
Conflits Armés Contemporains, présidée par l’Avocat
Militaire Général de Tsahal, le général de division Dan
Efroni.
Pendant trois jours, la conférence a permis de faciliter les
discussions entre les participants [...]
"L'armée du Canada. Pratique militaire des professions
libérales. Si l'Armée canadienne enrôle des hommes de tous les
métiers, il lui en faut aussi presque toutes les professions
libérales [...]", Le devoir, Montréal, vendredi 18 juillet
1941, à la p. 7; disponible à http://collections.banq.qc.ca/ark:/52327/2804381
(consulté le 11 octobre 2018);
-------------Source: en.wikipedia.org/wiki/Robert_Rogers_(soldier),
accessed 10 December 2017
Image source: amazon.com/TREASON-AT-
Robert Rogers, 1731-1795, American
MICHILIMACKINAC-Robert-Rogers/dp/B000CP872Q,
who served in the British Army
accessed 10 December 217
ARMOUR, David A., ed., Treason? At
Michilimackinac; The Proceedings of a General Court Martial Held
At Montreal in October 1768 for the Trial of Major Robert
Rogers, Mackinac Island, Mich.: Mackinac Island State
Park Commission, circa 1967, v, 103 p., Illus., Map (On Lining
Papers), 22 cm; title noted in my research but book not consulted
yet (10 December 2017);
ARMOUR, Eric Norman, 1877-1934, with the adjutant branch during
World War 1:
- Major E.N. Armour was the Court Martial Officer (Attached)
to the Branch of the
D.A.A.G. (Deputy-Assistant Ajutant-General's Branch,
Canadian Corps Headquarters,
see CANADA, Ministry Overseas Military Forces, Report of
the Ministry, Overseas Military Forces of Canada, 1918,
London, Printed by authority of the Ministry, Overseas
Military Forces of Canada [1919?], xv, 533 pages
frontispiece, plates, folded maps, diagrams (some folded) 26
cm , at p. 294-297, available at http://publications.gc.ca/collections/collection_2013/dn-nd/D61-33-1919-eng.pdf
and at https://archive.org/details/cu31924063725810/page/n6
(accessed 3 May 2019);
- "Victims of Heart Attacks", The Globe,
Toronto, and Mail, 13 March 1934, at p. 6;
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
Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/...., ProQuest Historical Newspapers,
accessed 4 March 2019
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
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- "Deaths--ARMOUR, the Hon. Eric Norman", The Globe,
Toronto, 2 March 1934, at p. 4;
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
Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/...., ProQuest Historical Newspapers,
accessed 4 March 2019
- "Married: Armour-Kay", The Globe, Toronto, 24
August 1920, at p. 7;
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
Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/...., ProQuest Historical Newspapers,
accessed 4 March 2019
"Appointed to University Board [Board of Governors of
the University of Toronto], The Globe, Toronto, 28 May 1925, at p. 11;
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
Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/...., ProQuest Historical Newspapers,
accessed 4 March 2019
- "Justice Eric Armour Dies From Hearth Trouble--Sudden
Attack Ends in Death In Few Minutes -- Stricken as He Was
About to Get Up on Sunday -- FUNERAL IS TOMORROW -- Former
Crown Attorney Appointed to Bench Just One Year Ago", The Globe, Toronto, 12 March 1934, at pages 1 and 3;
[the article continues...]
Pressing (and holding) the Ctrl
key and scrolling the wheel
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Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/...., ProQuest Historical Newspapers,
accessed 4 March 2019
- "HUNDREDS ATTEND FUNERAL SERVICE OF
LEADING JURIST: Lessons of Warning and Triumph Drawn From
Sad Occasion
INTERMENT AT COBOURG", The Globe, Toronto, 14 March 1934, at
p. 5; Major-General Garnet Hughes, son of the militia
minister, Sam Hughes,
was in attendance;
He was called to the bar in 1853 and practised
in Cobourg, Canada West, for 25 years,
first with Sidney Smith and later with H. F. [Henry F.]
Holland. In 1877 he was appointed to the
Court of Queen's Bench of Ontario and was named its Chief
Justice in November 1887.
A daughter of the Rev. Samuel Armour became the
wife of A. H. Peck
of Ashburnham. Their son, Edward Armour Peck practiced law
for
many years in association with R. M Dennistoun, F. D.
Kerr, Arthur
Stevenson, and in later years V. J. McElderry; and was
Conservative
member of Parliament for Peterborough.
ARMSTRONG, Elizabeth H., 1898-1967, Le Québec et la crise de
conscription, 1917-1918, Montréal, VLB, 1998, 293 p.,
(Collection; Etudes québécoises; 47e), ISBN: 2890056902; Traduction
de: The crisis of Quebec, 1914-1918 published in 1937;
comprend des réf. bibliogr.: p. [283]-293;
This thesis examines how and why two amateur videos, broadcast across Canada in 1995, contributed to the disbandment of the Canadian Airborne Regiment. A brief history of the Airborne highlights discipline problems that were known to exist before the videos were broadcast. Common assumptions about images, particularly amateur video images, are explored. The concept of the "media event" is used to show how mediation magnified the videos' impact. A detailed examination of the videos and their constructions as news stories demonstrates how narrative frames and the newsmaking process in general shaped what the public saw. A general content analysis of the media coverage surrounding the videos shows how a moral panic developed when Canadian values were threatened. It is argued that the videos and reaction to them shed more light on attitudes Canadians wanted to keep hidden than they did on any secrets the military harboured. [Source: AMICUS catalogue, Library and Archives Canada]
Image source:
http://army.ca/, accessed 29 November 2014
ARMY.CA FORUMS -- "Report obtained by CTV News shows lack of
confidence in military justice system", 11 January 2018, available
at https://army.ca/forums/index.php?topic=127195.0
(accessed 25 April 2018);
image
source:
http://www.army-armee.forces.gc.ca/en/lessons-learned-centre/lessons-learned-dispatches.page
(accessed 16 September 2016)
ARMY LESSONS LEARNED CENTRE (ALLC), Dispatches Lessons Learned
for Soldiers, titles listed at http://www.army-armee.forces.gc.ca/en/lessons-learned-centre/lessons-learned-dispatches.page
(accessed 16 September 2016); notes: "DISPATCHES is a publication
that allows experienced soldiers usually expert in a specific matter
to explain the lessons learned on recent operations";
The Dispatches
Issues
Vol 16 No 1 - The Artillery Corps In Afghanistan
Vol 15 No 1 - Counter-Improvised Explosive Devices (CIED)
Vol 14 No 1 - Interior Close Quarter Battle (ICQB)
Tactics, Techniques and Procedures (TTP)
Vol 13 No 1 - Convoy and VIP Escortx
Vol 11 No 1 - Fratricide
Vol 10 No 2 - Tactical Combat Casualty Care: A Proposal
Vol 10 No 1 - Stress Injury and Operational Deployments
Vol 9 No 3 - The LAV III and LEOPARD C2 MAIS Trial
Vol 9 No 2 - Training for Urban Operations
Vol 9 No 1 - Military Observers
Vol 8 No 3 - Initial Deployments
Vol 8 No 2 - Negotiations During Peace Support
Operations
Vol 8 No 1 - Humint During Peace Support Operations
Vol 7 No 1 - Rules of Engagement Training
Vol 6 No 4 - Using TACOPSCF To Enhance Our Training
Vol 6 No 3 - The After Action Review Learning More From
Our Training
Vol 6 No 2 - The CF Code of Conduct
Vol 6 No 1 - Physical Fitness Training
Vol 5 No 3 - Lessons Learned in Civil-Military
Cooperation (CIMIC)
Vol 5 No 2 - Lessons Learned - Leadership in a Mixed
Gender Environment
Vol 5 No 1 - Manoeuvrist Approach To Operations and
Mission Command
Vol 4 No 4 - OPERATION ASSISTANCE
Vol 4 No 3 - Media Relations
Vol 4 No 2 - The Law of Armed Conflict, Peace Support
Operations and You
Vol 4 No 1 - Operations in the Former Republic of
Yugoslavia
Vol 3 No 2 - Training For Operations
Vol 3 No 1 - Training For Operations
Vol 2 - Mine Warfare During Peace Support Operations
B-GL-050-000-FT-003 (2008-EN) ALLC
Dispatches 14.01 - Interior Close Quarter Battle
Tactics, Techniques and Procedures (October 2008)
B-GL-050-000-FT-003 (2008-FR) CLRA
Dépêches 14.01 - Tactiques, Techniques et Procédures
Applicables au Combat Rapproché à l'intérieur de
Bâtiments (octobre 2008)
ARNAUD, Claude (J.C.M.), Major, was the prosecutor at the Standing
Court Martial R. v. Daviau CM 91, at Borden, Ontario, 28
October 1986, source of information: MADSEN, C.M.V. (Chris
Mark Vedel), Military law and operations, Aurora (Ontario): Canada Law Book, c2008-, vol. 3, at p. APP2: 1986-37 and 38;
___________on Arnaud, J.C., was a major with
the OJAG in 1980 (source: Canadian Forces Officer's
List (Regular), A-AD-224-001/CFP/PFC 224), 31
December 1980, obtained from DND, Access to
Information and Privacy, file A-2019-00318, 13
February 2020);
ARP, Major General J., Joint Inspection Team Report: Incidents
Task Force Bosnia-Herzegovina, 24-26 November 2000, available
from
http://www.forces.gc.ca/site/reports/JIT_report_02_01/jit_rep_e.htm;
Internet; accessed 20 April 2004;
ARSENAULT, Major J.M., La légalité et l'éthique des robots
intelligents -- L'importance de l'humain dans le processus
décisionel, Collège des Forces canadiennes, PCEMI 43,
Maîtrise en études de la défense, 2016-17, ii, 70 pages à la
page 66, disponible à https://www.cfc.forces.gc.ca/259/290/402/286/arsenault.pdf
(vérifié le 18 septembre 2018);
ARUSH, Mohamud A., Canada
and Somalia in the 21st century: an overview of the performance of
the Canadian Armed Forces in Somalia, Toronto: Canadian
Institute of Strategic Studies = Institut canadien d'études
stratégiques, 1997, 4 p. (series; Strategic datalink; 60), copy at
University of Ottawa, MRT General, U 162 .S75 v.60 1997;
[...] Il faut avant tout que le système de justice
garantisse : 1 - que les victimes puissent dénoncer sans
crainte de représailles; 2 - que personne ne puisse
influencer
l'enquête policière et un éventuel procès.
Mais le fait est que la justice militaire ne peut
garantir ni l'un ni l'autre.
C'est le fond du problème : l'existence de deux systèmes
de justice parallèles, un pour l'armée et un pour le reste
de la société, qui ne répondent pas aux mêmes normes.
Lors de leur témoignage, les militaires ont vanté leur
système de justice, «égal sinon meilleur que la justice
civile». Sérieusement?
Un système dans lequel un officier, et non un juge, a le
pouvoir de décider si une agression sexuelle mérite une
enquête policière, une sanction administrative ou rien du
tout?
Un système qui permet la tenue de 2000 «procès
sommaires» par année, tranchés là encore par un officier
de la chaîne de commandement, sans aucun droit d'appel et
qui,
dans 97 % des cas, débouche sur une condamnation? Un
système où le vice-chef d'état-major a le droit
d'intervenir dans une enquête?
Ce système est inadéquat et dépassé. Tous les citoyens,
militaires ou non, doivent être protégés également par les
mêmes lois, mais la nature même de la justice militaire
fait
en sorte qu'on ne peut assurer aux victimes, femmes
ou hommes, qu'elles pourront dénoncer sans crainte.
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ASSOCIATION DU BARREAU CANADIEN, Développement professionnel, "Le droit
militaire canadien: un droit spécialisé pour un contexte unique",
déjeuner-causerie, 13 octobre 2016, Montréal; note: publicité
faite avant la causerie:
Conférenciers
Le Lieutenant-colonel
Jean-Michel Cambron, Assistant du Juge-avocat général,
Région de l'Est Le Major Adam Van Der
Linde, Service canadien des poursuites militaires Me Éric Charland,
Bureau des Services juridiques des pensions
Modérateur: Me Pascal Lévesque, doctorant
en droit, Université Queen's
Sujet Pourquoi
les crimes commis par des militaires ne sont pas traités
devant les tribunaux ordinaires?
Le concept de dommages collatéraux vise-t-il à occulter
les décès de civils? Un militaire mécontent
au travail a-t-il des recours? Peut-il démissionner? À
la fin de cette séance, les participants pourront
décrire le droit militaire canadien dans ses grandes
lignes. Chaque conférencier présentera l'un des
trois 'piliers' de ce droit spécialisé: la justice
militaire, le droit administratif militaire et le droit
opérationnel militaire. À l'aide d'anecdotes, ils
viseront à le vulgariser et à déconstruire certains
mythes.
(source: http://www.cbapd.org/details_fr.aspx?id=QC_ABC161013,
accessed 10 September 2016)
ASSOCIATION DU BARREAU DE L'ONTARIO, "Petit-déjeuner bilingue de
l’ABO : Maître Michel W. Drapeau, colonel à la retraite", (Spring /
Printemps 2010) 14(1) Ontario Lawyers Gazette / La revue des
juristes de l'Ontario 22-25; disponible à http://lawsocietygazette.ca/wp-content/uploads/2013/01/gazette-2010-01-spring.pdf
(vérifié le 9 Septembre 2015);
Le 16 février, l’Association du Barreau de
l’Ontario tenait son institut annuel et offrait son
traditionnel petit-déjeuner bilingue avec comme
conférencier,
le colonel à la retraite Me Michel Drapeau. Ce dernier
a entretenu son auditoire de la
réalité peu connue de la vie en milieu militaire et du droit
qui s’y rattache
AUBERT DE GASPÉ, PHILIPPE-JOSEPH,,
lawyer, writer, fifth and last seigneur of
Saint-Jean-Port-Joli (L’Islet County); b.
30 Oct. 1786 at Quebec;
d. 29 Jan. 1871 at Quebec,
and buried in the church of Saint-Jean-Port-Joli.
[...]
in 1804 he had received a commission as lieutenant in the
Quebec and District militia;
in 1812 he became a captain in the 1st Battalion of Quebec
District, and in the same year was promoted to the general staff of
Lower Canada, as deputy judge advocate. He
practised
law at Quebec and “on the Kamouraska circuit” until
9 May 1816, when he received a
commission as sheriff of the district of Quebec.
Lieutenant‐Commander Kathryn (Kat) Aubrey‐Horvath
was born and raised in Ottawa, Ontario.
She received her Bachelor of Arts (Honours) in Political
Science from Acadia University in 2004,
and her Juris Doctor (Dean’s List) from Queen’s University
in 2008. While at Queen’s, she also
obtained a certificate in Public International Law with
First Class Honours from Bader International
Study Centre in Sussex, UK. In 2010, LCdr Aubrey‐Horvath was
accepted as a Stanford Program in
International Legal Studies (SPILS) Fellow, and while at
Stanford, she was also selected as a
Stanford Centre on International Conflict and Negotiation
(SCICN) Fellow. She graduated from
Stanford Law School with a Master of the Science of Law
(JSM) in 2011.
Prior to joining the Canadian Forces in 2011, LCdr
Aubrey‐Horvath worked abroad in field of
international law in several positions, including for the
Global Commission on Elections, Democracy
and Security based in California, with the Co‐Prosecutors’
Office at the Extraordinary Chambers in
the Courts of Cambodia (Khmer Rouge Tribunal) in Phnom Penh,
for Geneva for Human Rights
at UN Headquarters in Geneva, and in the Office of the
Attorney General in The Gambia, West
Africa. She has also worked domestically as a legal
and legislative advisor to Members of Parliament
and a Senator, and for the law firm of Blake, Cassels &
Graydon LLP.
Upon joining the Office of the Judge Advocate General, LCdr
Aubrey‐Horvath was posted to the
Directorate of International and Operational Law, where she
served from 2012 to 2014. She was
posted to her current position at the Military Law Centre in
July 2014.
[source: cdp-hrc.uottawa.ca/sites/cdp-hrc.uottawa.ca/files/allbios_ihl2016.pdf,
accessed 12 November 2017]
_________Whose war on terror?
Examining the impact of the US secure flight program on Canada,
Thesis J.S.M. Stanford University 2011, vi, 91 pages ; 28 cm;
notes: "Submitted to the Stanford Program in International Legal
Studies at the Stanford Law School, Stanford University"; "May
2011."; source: https://searchworks.stanford.edu/view/9917272
(accessed 20 July 2017);
- "Complaint" on Prezi, updated 19 February 026, "Victims of sexual assaults have access to various
resources both in the military and civilian justice system",
see https://prezi.com/w4hur-nucrfe/complaint/
(accessed 21 April 2020);
Deux ex-étudiantes de la Faculté de droit de
l’Université de Montréal ont été recrutées pour un
poste d’auxiliaire juridique à la Cour suprême pour l’année
2011-2012.
Il s’agit de Mme Leslie-Anne Wood et Mme Amélie Aubut
(photo). [...]
Mme Aubut travaillera avec le juge Thomas Albert Cromwell.
Elle a aussi étudié
à la Faculté – (promotion 2006-2009 et liste d’excellence du
doyen. Elle est
présentement inscrite au programme national à l’Université
d’Ottawa, programme
qui la conduira à l’obtention d’un LL. B. en Common Law au
printemps 2010.
Participer à un échange
étudiant dans le cadre de sa
formation
est une expérience passionnante.
Pour ma part, j’ai eu la chance de prendre part à un tel échange à
l’été et à l’automne 2007 à
l’Université d’Oxford en Angleterre.
Cette expérience fut pour moi
une opportunité enrichissante tant du
point de vue académique
que personnel. Avoir la chance d’étudier
dans une université de
renommée internationale constitue un grand
défi en soit, d’autant
plus que la méthode d’enseignement à l’Université
d’Oxford est assez singulière. En effet, il s’agit
pour la plupart du temps de
cours privés entre l’élève et son tuteur.
Chaque semaine l’élève
doit écrire un essai sur une question, puis le faire parvenir
à son
tuteur avant la rencontre. Lors de cette
rencontre hebdomadaire,
le tuteur commente l’essai pour
ensuite poser une foule de
questions sur le sujet.
Cette forme d’apprentissage fut
extrêmement formatrice. J’ai ainsi
pu écrire une quinzaine d’essais, et par
conséquent améliorer par
beaucoup mon anglais à l’écrit. Cette
méthode m’a également
appris à lire une grande quantité d’information
en peu de temps, de
développer mes habiletés à synthétiser
ma pensée et à élaborer
une structure dans mes rédactions. De plus,
cette expérience m’a
permis d’aiguiser mon sens critique. En effet, lors
des rencontres avec les tuteurs, je devais débattre avec
eux et répondre à leurs
questions. En ce sens, je devais toujours
soupeser chaque argument
afin d’en apprécier ses forces et ses faiblesses et étant
redevable
de chaque mot que j’écrivais, je devais
constamment m’assurer de
la véracité et de la justesse de mes
propos. [...]
AUDETTE, Louis C. (Louis de la Chesnaye), 1907-1995, lawyer but not
a member of the OJAG; commanding officer of HMCS Carleton; member of
the Court Martial Appeal Board in 1951;
AUDITOR GENERAL OF CANADA, OFFICE OF THE, 1999 November Report of the Auditor General of Canada,
Chapter 26 -- National Defence -- The Proper Conduct of Public
Business, available at http://www.oag-bvg.gc.ca/internet/English/parl_oag_199911_26_e_10155.html
(accessed on 17 December 2011); FRANÇAIS :
VÉRIFICATEUR GÉNÉRAL DU CANADA, BUREAU DU, 1999 novembre -- Rapport du vérificateur général du
Canada, Chapitre 26 -- Défense nationale -- La conduite appropriée
des affaires publiques, disponible à http://www.oag-bvg.gc.ca/internet/Francais/parl_oag_199911_26_f_10155.html
(vérifié le 17 décembre 2011);
We also concluded that, while the Royal Military
College of Canada took action when serious incidents were
reported, the number of
investigations and incidents of misconduct involving senior
Officer Cadets showed that it needed to improve military
training.
......
We also found that there was no clear measurable standard
for leadership qualities and ethical military behaviour that
graduates were
required to demonstrate before receiving their commissions.
......
Overall, we found that the Royal Military College of Canada
did not provide Officer Cadets with adequate training in
leadership and
in the proper conduct expected of future officers. While the
Royal Military College of Canada took action when incidents
were reported,
we found that the number of misconduct incidents that
involved senior Officer Cadets showed that the Royal
Military College of Canada
had not prepared them to serve as role models for their
peers.
[source: oag-bvg.gc.ca/internet/English/att__e_42694.html,
accessed 30 November 2017]
Dr. David P. Auerswald, image source: nwc.ndu.edu/About/Faculty/ArticleView/Article/1599171/auerswald-dr-david-p/,
accessed 23 September 2020
AUERSWALD. David P., Stephen M. Saideman and Michael J. Tierney,
“Caveat Emptor! National Oversight and Military Operations in
Afghanistan”, a paper delivered at the American Political Science
Association annual meeting, Chicago, 30 August 2007, 25 p.; title
noted in my research but not consulted yet (29 December 2015);
should deal with the role of the Judge Advocate General;
Abstract
This paper seeks to understand the dilemmas and
constraints facing leaders as they
seek to manage their military’s participation in
multilateral operations. The problem of
caveats—national restrictions—has been a central concern
in Afghanistan, limiting
the ability of various countries to contribute to the
effort. We develop some implications
from principal-agent theory to understand the challenges
facing civilian and military
leaders. We then focus primarily on the case of Canada in
Afghanistan since it has
participated in both the unilateral ad hoc Operation
Enduring Freedom and the
multilateral, NATO International Security Assistance
Force. We consider how command and
control have evolved over time with commanders on the
ground having varying levels of
discretion and authority. We find that the key influence
on any military officer is the
home country, even if the troop contributing nation has
the most robust rules of engagement
and delegates the most authority to the operational
commanders. All coalitions
are, ultimately, of the willing.
(source:
http://research.allacademic.com/meta/p_mla_apa_research_citation/2/0/8/9/0/p208903_index.html,
accessed 29 December 2015).
AUERSWALD. David P., Stephen M. Saideman, “NATO at War:
Understanding the Challenges of Caveats in Afghanistan”, a paper
delivered at the American Political Science
Association annual meeting,
Toronto, 2009;
____________ "Defence procurement organizations : a global
comparison", Ottawa: Library of Parliament, Parliamentary
Information and Research Service, Economics, Resources and
International Affairs Division, 14 October 2014, Publication No.
2014-82-E, available at http://www.lop.parl.gc.ca/content/lop/ResearchPublications/2014-82-e.pdf(accessed
3 June 2016);
___________"On the Brink of Civil War: The Canadian Government and
the Suppression of the 1918 Quebec Easter Riots", (December 2008)
89(4) The Canadian Historical
Review 503-540;
Abstract
This article analyzes the Canadian government’s use of
military force to suppress the anti-conscription Easter
Riots that occurred in Quebec City between 28 March
and 1 April 1918. The riots demonstrated
French-Canadian dissatisfaction with the national war effort
and the introduction of conscription, and exacerbated
nationwide
fears that a state of rebellion existed in the
French-speaking province of Quebec. The Canadian
government’s reaction was immediate and firm; martial law
was
proclaimed, habeas corpus was suspended, and over six
thousand English-speaking soldiers were deployed to Quebec
during and after the riots to maintain order
and enforce conscription, the last of these troops
leaving the province in early 1919. The Easter Riots were
extremely violent, causing important destruction of property
and over 150 civilian and military casualties,
including at least four dead when soldiers opened fire on
rioters. This article will demonstrate the extent to which
the
Canadian government apprehended insurrection in Quebec
during the First World War and how determined it was under
difficult wartime conditions to prevent the rise
of a major national crisis. (source: http://muse.jhu.edu/article/254872,
accessed 7 October 2016)
___________Prisoners of the Home Front: A Social Study of the
German Internment Camps of Southern Quebec, 1940-1946, Thesis
submitted to the Faculty of Graduate and Post-Doctoral Studies in
partial fulfillment of the requirements for the Master of Arts
degree in History, University of Ottawa, 2000, 226 p.; available
at http://www.collectionscanada.gc.ca/obj/s4/f2/dsk2/ftp03/MQ48127.pdf
(accessed 30 May 2016);
Image
source: www.amazon.co.uk/Prisoners-Home-Front-Southern-Canadian/dp/0774812230?ie=UTF8&qid=1464943557&ref_=la_B001JS2E06_1_1&s=books&sr=1-1,
accessed 3 June 2016
___________Prisoners of the home front : German POWs and "enemy
aliens" in southern Quebec, 1940-46, Vancouver : UBC Press,
c2005, xii, 227 p. ; 24 cm. (series; Studies in Canadian
military history), ISBN: 0774812230 and 9780774812238;
AUGUST, W.H. (William H.), Captain, General List was the legal
officer in military district number 10 with Headquarters in
Winnipeg, in 1944, see The
Quarterly Army List,
January 1944, Part I,
London: His Majesty's
Stationery Office,
1944 at p. 172 (bottom
page number) or p. 182
(top page number),
available at https://deriv.nls.uk/dcn23/8897/88977987.23.pdf
(accessed 21 March
2019); note: the
Assistant Judge
Advocate General at
military district 10
at that time was Major
McQuarrie, R.L.,
General List, see at
the same page;
___________on AUGUST, William H., Major, appointed to JAG
"department" in military district 10 as "President Courts Martial",
see "Four Officers Get Law Posts", The Winnipeg Tribune,
Monday, 10 January 1944 at p. 11, available at
https://www.newspapers.com/image/...., accessed 21 May 2020;
Excerpt only
AULD, F.C., "Mental Accountability under Military law in
Canada", 1946-03-01 vol. 102 The American Journal of
Psychiatry 629-630;
AULT, George, Wing Commander, assistant judge advocate general,
RCAF, see article, "Wing Cmdr. Is Home on Leave", The Evening
Citizen, Ottawa, 30 October 1942 at p. 25:
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
__________on AULT, George A., see his death notice "AULT, George A.,
Q.C.", The Ottawa Citizen, 28 November 1989 at p. 33,
available at https://www.newspapers.com/,,,,, accessed 26 May 2020;
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___________on AULT, George A., see the article "George Ault and Max
Allan Among Flyers Welcomed Home", The Ottawa Journal,
Monday, 5 March 1945 at p. 20, available at
https://www.newspapers.com/, accessed 17 Mat 2020;
excerpt
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___________on AULT, George A., see the following untitled article in
The Evening Citizen, Ottawa, Saturday, 17 November 1945 at p.
11:
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Retrieved from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2337604700?accountid=46526,
accessed 29 April 2020.
AUSTIN, David (David Wallace III), "Dave", member of the OJAG,
member of the Law Society of Ontario, employed with the AJAG Western Region CFB
Edmonton (information as of 8 August 2018);
We are
pleased to quite often host law students in our offices as
interns. Seen here are @UAlbertaLaw
students Sarah Offredi and Luke Stretch with Cdr Thomas
Flavin and the AJAG team in Edmonton."
Major David Austin is first on the right.
___________photo of Major Dave Austin with Major Mylène Beaulieu
"Office of the JAG@JAGCAF25m25
minutes ago [29 January 2019]
Major Mylene Beaulieu
returns home from a six month six month deployment on #OpREASSURANCE,
based out
of #Riga,
after a successful handover to the incoming legal advisor to
@CanadianForces
Task
Force Latvia, Major Dave Austin." (accessed 29 January 2019)
AUSTRALIA, Australian Government, Department of Defence, Re-Thinking
Systems of Inquiry, Investigation, Review and Audit in Defence,
Annex B Model development, (Re-Thinking Systems of Inquiry,
Investigation, Review and Audit in Defence Stage B Report for
Secretary and CDF Annex B: Model development) 59 pages; available
at http://www.defence.gov.au/Publications/Reviews/SystemsInquiry/docs/Annex_B_Model_Development.pdf
(accessed 26 July 2017); discusses Canadian law; Note: "The Re-Thinking
Systems Review was tasked to review the current arrangements
for inquiry, investigation and review in Defence" (p. 1); on
the subject see also http://www.defence.gov.au/Publications/Reviews/SystemsInquiry/;
AUSTRALIA, Department of Defence, Government
Response
to the Senate Foreign Affairs, Defence and Trade References
Committee, "Report on the Effectiveness of Australia's
Military Justice System", October 2005, 21 p.; discusses
Canadian military law; available at http://www.defence.gov.au/mjs/docs/MJI_GOVERNMENT_RESPONSE_4oct052.pdf
(accessed on 30 July 2012);
AUSTRALIA, Department of Defence, Judge Advocate General, Australian
Defence Force, The Honourable Justice L.W. Roberts-Smith,
Major-General, Judge Advocate General, "Submission Relating to
the Committe's Inquiry Into the Effectiveness of Australia's
Military Justice System" to the Secretary, Senate Foreign Affairs
Defence and Trade References Committee, 16 February 2004, 8 p. plus
7 p. annex; discusses Canadian military law; available at http://www.defence.gov.au/JAG/20040216_emjs_jagsubmission.pdf
(accessed on 20 February 2015);
AVEY, Jonathan, "Police Independence vs Military Discipline:
Democratic Policing in the Canadian Forces" (August 27, 2018), Manitoba
Law Journal, Vol. 41, No. 4, 2018. Available at SSRN: https://ssrn.com/abstract=3239692;
also available at 2018CanLIIDocs186.pdf (accessed 24 August
2019);
Abstract
Over the last 25 years, there has been a gradual
acceptance within the Canadian Forces
that Military Police need
to be able to function independently when exercising their
duties as police officers. This acceptance has led to
organizational and administrative changes to provide such
independence to MP members; however, despite these
changes, there remains the risk that MP independence may
be eroded in the course of criminal or disciplinary
investigations. This article presents two recent matters
to illustrate that the independence currently afforded to
MP
investigators is still very much in doubt. The first is
the recent decision of the Court Martial Court of Appeal
in
R v Wellwood, which brought the dichotomy of MP
independence and the need to maintain discipline and a
rigid
obedience to orders from a superior squarely before the
court. The second is the recent controversy surrounding
the MP investigation into allegations against Lieutenant
Colonel Mason Stalker, which ultimately resulted in a
stay of proceedings being directed on all charges and
Stalker launching a lawsuit against the Department of
National
Defence and the Canadian
Forces.
This article argues the steps already taken by the CF to
ensure MP independence are positive, but not sufficient.
Specific sections of the National Defence Act
inappropriately permit senior members of the CF to
interfere in MP
investigations. In the absence of a finding that police
independence is a principle of fundamental justice under
s. 7
of the Charter, it falls to Parliament to ensure that
Military Police personnel are free to carry out police
functions
in an independent manner. The offending portions of the
NDA should be immediately repealed and further amendments
should be enacted that prohibit any interference in MP
investigations.
AVINS, Alfred, "The Testing of the Prolonged Absence Rule in
Military Desertion by Questionnaire" (1963-64) 6 The Criminal
Law Quarterly 116-144;
---------------
haut en
bas
haut en
bas
haut en bas
Léonce
Coté
Hector
Saint-Pierre
Harry-E. Grundy
Douglas
Howard
Paul
Desruisseaux
Darcy Lynch
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source:
ca.linkedin.com/in/%C3%A9lisabeth-baby-cormier-728ba1a0 (consulté
le 27 octobre 2017)
BABY-CORMIER, Élisabeth, avocate et membre du JAG;
Current
Officier légal at Canadian Armed Forces | Forces
armées canadiennes, Enseignante en techniques
juridiques at CDI College
Past
Avocate at Ministère de la Justice du Québec,
Avocate at Lemieux, Parent, Théberge, société
nominale d'avocats, Enseignante pour le...
Education
Université Laval, École du Barreau, Université
Laval
[Source:
https://ca.linkedin.com/pub/dir/Elisabeth/Cormier,
consulté le 27 octobre 2017]
___________Photo of Captain Élisabeth Baby-Cormier with
other members of the OJAG:
Canadian Military
Prosecution Service@CMPSCAFJun
13[2019]
Military Prosecutors, Capt
Baby-Cormier, Capt Thiessen, Lt(N)
Benoit-Gagné and
Lt(N) Besner recently celebrated the successful completion
of the final exercise marking
the end of their month-long Legal Officer Qualification
Course.
Major Baby-Cormier on the right at Major Duquette court martial
Patricia Rainville, journaliste qui a suivi le procès du major
Duquette;
source de la photo: twitter.com/mllerainville,
consultée le 24 novembre 2019.
BACHELET, Stephanie, legal officer with the office of the JAG;
before the CF, worked with Rackel Belzil (now Rackel & Company
LLP), Edmonton Alberta; member of the Alberta Bar;
Michelle Bailey, image source: http://www.wkfamilylawyers.com/our-lawyers/michelle-bailey.html,
accessed 11 February 2015
BAILEY, Michelle, “Book Notes: Another Kind of Justice:
Canadian Military Law from Confederation to Somalia by Chris
Madsen…”, (2001) 64(2) Sasktachewan Law Review 645-646;
James Wilks, right, with his defence counsel, David Hodson.
BAILLARGEON, Floyd, on, see "Are Promoted : Major Floyd
Baillargeon, Lt.-Col. Frank Brien", The Windsor Star,
Windsor, Ontario, Saturday, 5 May 2020, at p. 5, available at
https://www.newspapers.com/...., accessed 27 May 2020;
Major Baillargeon, young Windsor Lawyer, enlisted
as a
private four years ago and is now attached to the judge
advocate general's branch of the 21st Army Group on the
Dutch-German front. He qualified for his commission in
England and was made a captain a year ago. His wife
lives
at 3528 Queen St.
___________on BAILLARGEON, Floyd, see: "Major Baillargeon
Talks from Europe", The Windsor Star, Wednesday, 13
February 1946 at p. 5, available at
https://www.newspapers.com/image/...., accessed 25 June 2020;
___________on BAILLARGEON, Floyd, see, "Society Outs City Lawyer:
Benches Disbar Floyd A. Baillargeon", The Windsor Star,
Windsor, Ontario, Friday, 17 April 1953 at p. 3; available at
https://www.newspapers.com/...., accessed 27 May 2020;
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Lieutenant-Commander Mike Baker
___________On Lieutenant-Commander Mike Baker, see the article by
Lieutenant (N) Jeff Lura, "Operational law: Legal Officers forge
partnerships at RIMPAC 2018" Maple Leaf,
2018, available at https://ml-fd.caf-fac.ca/en/2018/08/17442
(accessed 11 August 2018);
“I find being a Legal Officer very rewarding,” he
explained, on a sunny patio outside Joint Base Pearl
Harbor-Hickam’s Pacific
Warfighting Centre in Hawaii. “You feel like you’re making a
difference even at a relatively-low rank; almost everything
in the
CAF, from operations to personnel issues to discipline flows
in and around the Office of the Judge Advocate General.”
Leader of a four-member team of Canadian Legal Officers
deployed on RIMPAC 2018, LCdr Baker served as Deputy Legal
Advisor to the Commander of the exercise’s Combined Task
Force, Vice-Admiral John Alexander of the United States
Navy.
In this role, he joined a multinational team responsible
for interpreting rules of engagement, determining valid
military objectives,
and generally ensuring that decisions made by senior
leaders are in accordance with pertinent laws. While he
found the exercise
to be a realistic approximation of life on a deployed
operation, for LCdr Baker, forging partnerships was the
most rewarding and
important facet of the RIMPAC.
"Lieutenant-Commander Mike Baker, legal advisor to HMCS
Charlottetown command team."
___________on Lieutenant-Commander Mike Baker, see the article by
PLANTE, Lt(N) Benoit, " HMCS Charlottetow's legal advisor supports
Operations Reassurance", www..lookoutnewspaper, 20 November 2016,
available at http://www.lookoutnewspaper.com/hmcs-charlottetowns-legal-advisor-supports-operation-reassurance/
(accessed 21 November 2016); about Lieutenant-Commander Mike
Baker, legal advisor;
The legal advisor is a Canadian Armed Forces Legal
Officer deployed with the ship during
Operation Reassurance. He provides legal advice on
operational, c international, and
administrative law, military justice, and all other legal
matters of particular interest to the Commander.
“When we are transiting the Strait of Gibraltar, for
example, the ship is passing through
either Spanish or Moroccan territorial waters,” explains
LCdr Baker.
“So part of my job is to provide advice to the
Commanding Officer on the implications
of passing in those waters, and to help him determine what
types of activities Charlottetown can and cannot do at any given time.”
......
Therefore, he needs to advise the Commanding Officer on the
general provisions of the
UN Convention on the Law of the Sea, which is the primary
reference for
understanding maritime law. Moreover, ships operating in the
Mediterranean Sea need
to understand that passage between it and the Black Sea is
governed by the
Montreux Convention, that the Strait of Messina represents
an exception to the rules
about international straits, and that the countries
bordering the Mediterranean Sea
have varying claims to the extent and types of maritime
zones off of their coasts.
......
The Legal Advisor’s advice regarding our activities on
Operation Reassurance is
crucial for me,” said Commander Andrew Hingston, Commanding
Officer
of Charlottetown. “There are a lot of
concurrent activities happening on board the
ship; it is important for me to count on the sound and
valuable advice from my
legal advisor to make sure we respect our legal
obligations.”
IMage
source: hist.ucalgary.ca/hgsu/node/60, accessed 3 March 2018
Timothy Balzer
BALZER, Timothy John, The Information Front: The Canadian
Army, Public Relations, and War News during the
Second World War, A Dissertation Submitted in Partial
Fulfillment of the Requirements for the Degree of Doctor of
Philosophy in the Department of History, University of Victoria,
2009, xi, 350 leaves; available at https://dspace.library.uvic.ca/bitstream/handle/1828/1346/Dis%20complete%20Final%20Feb%2024%202009.pdf?sequence=1
(accessed 23 December 2017);
Image
source:
http://www.drdc-rddc.gc.ca/en/dynamic-article.page?doc=canadian-safety-and-security-program/hzvlql9b,
accessed 24 November 2015
BANDALI, F., L. Bruyn, R. Vokac, R. Keeble, R. Zobarich, N.
Berger, L. Rehak & T. Lamoureux, CF Procedures and Practices Involving Information
Aggregation, Guelph: Human Systems, 2007; DRDC Toronto
No. CR 2007-049, contract number W7711-037911/001/TOR, call-up
number 7911-06; Project manager: Ron Boothby; available at http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA477143
(accessed on 31 July 2012);
Discusses the following
publications:
3.1.1 CF Operational Planning Process
(B-GJ-005-500/FP-000).......................................................
7
3.1.2 Joint Intelligence Doctrine
(B-GJ-005-200/FP-000)..................................................................
9
3.1.3 Canadian Forces Operations
(B-GJ-005-300/FP-000)............................................................
..12
3.1.4 Peace Support Operations (B-GJ-005-307/FP-030)
.................................................................
14
3.1.5 Non-Combatant Evacuation Operations
(B-GJ-005-307/FP-050)...........................................
.14
3.1.6 CF Information Operations (B-GG-005-004/AF-010)
..............................................................15
3.1.7 Psychological Operations (B-GJ-005-313/FP-001)
..................................................................16
3.1.8 Risk Management for CF Operations (B-GJ-005-502/FP-000)
................................................17
3.1.9 Civil Military Cooperation in Peace, Emergencies, Crisis,
and War (B-GG-005-004/AF-023)..21
[Research note by François lareau, dated 25 April 2018:
If you are interested in reading these please go to the Army Search
Library]
BANTICK ("Banty"), H.S., Major, prosecutor at a General Court
Martial, see "More Soldiers Face Tribunal. Third General
Court-Martial for Offenders Schedules Tuesday", The Globe,
Toronto, 15 July 1918 at p. 9, available at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....,
accessed 9 July 2020;
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
H.S. Bantick, photo detail, The Windsor Star,
25 January 1955, at p. 5
____________on Bantick, H.S., major, see his death notice in The
Globe and Mail, Toronto, 15 July 1961 at p. 33, available at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....,
accessed 11 July 2020; the article with the photo in The Windsor
Star, states that Bantick was "past national president of the
Canadian Association of Kingsmen Clubs and a retired national
president";
BAR OF MONTREAL, Concours Visez Droit, "Debating Competition,
***Edition 2017*** For or Against? Abolition of the Military
Justice System", Note: "The semi-finals and final will be held on
March 29, 2017 at the Montreal Courthouse", see http://www.barreaudemontreal.qc.ca/loads/Affiches/2017-Aff_DebatsOratoires_ang.pdf
(accessed 5 August 2017);
Maj Peter Barber (photo source: (March-April 1997) 2 Office
of the Judge Advocate General -- Newsletter at p. 11
BARBER, Peter, "Exchange Posting -- Canada/New Zealand // Séjour
en Nouvelle-Zélande", (March-April 1997) 2 Office of the Judge Advocate General
-- Newsletter 1-11 (Article 1) / Cabinet du Juge-Avocat Général --
Bulletin d'actualités 1-11 (article 1);
____________on BARBER, Major Peter, see House of Commons, Hansard,
11 March 1998 (36th Parl., 1 st Session); on this subject for
further research, see Jeff Sallott, "Air Force worker under the gun: Civilian employee warned
to watch her words during defence committee testimony", The
Globe and Mail, 12 March 1998, at p. A6;
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___________on BARBER, Major Peter, see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at p. 173,
available at 103-242;
___________on BARBER, Peter, see recent photo hereunder
reproduced from LinkedIn (accessed 19 April 2020);
Peter Barber
__________"Scuds, Shelters and Retreating Soldiers: The Laws of
Aerial Bombardment in the Gulf War", (1993) 31(4) Alberta
Law Review 662-691; available at 1993 CanLIIDocs 176,
<http://www.canlii.org/t/sl6n>, (accessed 7
April 2020);
BARCLAY, MacGregor ("Gregor"), Major, 1885-1964, born in
Montréal, member of the OJAG, see "Pursuites que l'on va
abandonner", La Presse, 12 juillet 1918, à la p. 15,
disponible à http://collections.banq.qc.ca/ark:/52327/3197619
(accessed 25 July 2018); judge of the Quebec Court of Appeal
1934-1954;
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___________on BARCLAY, Lieutenant-Colonel Gregor, Asistant
Judge Advocate General in 1918, see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at pp. 30
and 33, available at i-xii and
1-102;
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key and scrolling the wheel
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___________on BARCLAY, Gregor, see "Obituaries Gregor Barclay", The
Gazette, Montreal, 8 September 1964 at p. 49, available at
https://www.newspapers.com/, accessed 26 May 2020;
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___________sur BARCLAY, Gregor, et sa biographie, voir Lefebvre, Jean-Jacques Lefebvre,
Biographies des Avocats du Québec, voir Barclay, Gregor, 1964 Revue
bu Barreau 612-615;****
___________on BARCLAY, Gregor, see "Major Barclay's Post. He
is Appointed Assistant Judge-Advocate", The Globe,
Toronto, 19 March 1918, at p. 4;
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Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca....,
accessed 5 March 2019 ProQuest Historical Newspapers
BARCLAY, R.L., on, "Lawyer enters practice", Star-Phoenix,
Saskatoon, 15 September 1966 at p. 22; available at
www.newspaper.com, accessed 19 May 2020;
----------------
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Caroline Barghout, image source: cbc.ca/news/canada/manitoba/caroline-barghout-1.3192252,
accessed 9 December 2019.
BARGHOUT, Caroline, "Family's lawsuit says racial discrimination in
military to blame for soldier's death [of Corporal Nolan Caribou]",
Manitoba, CBC Investigates, CBC News, 25 November 2019, available
at https://www.cbc.ca/news/SOMNIA-1.5368027
(accessed 9 December 2019);
Freda Caribou, Nolan's mother, filed the civil
lawsuit in the Manitoba
Court of Queen's Bench in mid-November, nearly two years to
the day
Caribou took his life. In it, she says her
son was denied opportunities
in the military because he was Indigenous.
-------
Photo de André Dufour dans l'article (photographe: Steven Leblanc)
___________"Ateliers -- Que font les avocats dans l'armée?",
(juillet 2008) 40(7) Journal du
Barreau 13; notes; photo du Lieutenant-colonel André
Dufour et une autre de l'adjudant-chef Pierre Marchand et du major
Sébastien Bouchard; disponible à http://www.barreau.qc.ca/pdf/journal/vol40/200807.pdf
(vérifié le 5 mars 2012);
Image
Source: http://www.armycadethistory.com/colonels_in_chief.htm,
accessed 30 May 2016
Maurice Baril
1. On 30 May 2000 the Canadian Forces National
Investigation Service (CFNIS) made public the results of
its investigation (ref. A) concerning
alleged misconduct of Canadian Forces members serving in
the Canadian Contingent United Nations Protection Force in
Croatia, Operation
HARMONY (Rotation Two). With respect to the coffee
incident, the conclusion of the CFNIS investigators was
that the events were not amenable
to action under the Code of Service Discipline given the
three-year limitation that applied at the time.
Furthermore, they also concluded that there
was not sufficient evidence to refer these matters for
prosecution under the Criminal Code of Canada. As
indicated in my press conference of 01
June 2000, I established a Special Review Group to examine
the CFNIS report and provide recommendations for further
action within 14 days.
......
a. SRG Recommendation 1: The CFNIS investigation report
shall be referred to a local Crown Attorney to consider
whether criminal charges should
be laid against the individuals who have been
identified as having tampered with WO (retired) Stopford's
coffee.
Comment: In respect to this recommendation, due to the
limitations in effect at the time under the National
Defence Act, the military justice system
cannot be engaged to resolve these issues. Therefore, if
further action is to be taken, it must be carried out in
the context of the civilian criminal justice
system. I have requested the Director of Military
Prosecutions to forward the CFNIS investigation to
provincial prosecutorial authorities for review
and action, as appropriate.
OPI: Director Military Prosecutions
......
h. SRG Recommendation 8: Canadian Forces members must be
provided with a better awareness of the law and how it
applies to the Chain of Command.
Comment: Significant steps have been taken over the past
three years to increase legal training throughout the
Canadian Forces. In 1998 a legal training
and education strategy was developed for both the law of
armed conflict and the administration of
discipline/military justice. Doctrine manuals designed
for training at all rank levels have been developed and
made available to the CF training system. A specific
module dealing with command responsibility
has been incorporated into the Advanced Military
Studies Course. The relationship between the maintenance
of discipline and the conduct of effective
operations is part of the LOAC course and the CFCSC "Law
and Operations module." The importance of legal training
and education in future officer
development has been addressed in the JAG submission
on "Law and Professional Officer Development 2020". A
particularly important goal is to establish
a legal office dedicated to developing and providing
legal education within the Canadian Forces College system
(i.e. Canadian Forces College, Canadian
Forces Command and Staff College, Royal Military
College, Leadership Institute). The Office of the Judge
Advocate General will ensure the issue of how
the law applies to the exercise of command and
leadership is incorporated into training and education for
Canadian Forces members.
___________on BARIL, General Maurice, see McDONALD,
R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at pp. 175
and 183, available at 103-242;
"The JAG [BGen Jerry Pitzul] presented the Presiding
Officer
Certificate to the CDS [General Baril]"
___________sur Baril, Général Maurice, voir DUBOIS, Aline,
"Generals get summary trial training / Formation pour les procès
sommaires" (Jan-Mar 2000) 1 JAG Newsletter--Bulletin
d'actualités 6 and 16; reproduced from Maple Leaf,
volume 3, number 5;
Monique Giguère, 1938-2013,
journaliste au Soleil
___________sur Baril, Général Maurice, voir GIGUÈRE, Monique, "Le
juge Létourneau salue le courage de Baril", Le Soleil,
jeudi, 25 septembre 1997, à la p. A9, disponible à http://collections.banq.qc.ca/ark:/52327/2913631
(vérifié le 8 juin 2018);
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
___________sur Baril, Général Maurice, voir son témoignage à deux
occasions dans la cour martiale générale suivante en 1982 à
Chypres, voir http://www.lareau-legal.ca/A-2015-01060.PDF;
Image
source: http://www.uwindsor.ca/law/cwaters/, accessed 8 July 2017
Christopher Waters
BARNES, Ashley and Christopher Waters, "The Arctic Environment
and International Humanitarian Law", (July 4, 2012). (2011) 49 Canadian
Yearbook of
International Law 213, available at SSRN: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2100623
(accessed on 15 March 2015);
Abstract:
While the
law ofthe sea is rightly viewed as the most suitable
international legal regime for the
settlement of disputes in
the Arctic, the militarisation of this region in an era of
climate change is also observable. Yet curiously,
scant attention has been paid to the
constraints International Humanitarian Law (IHL) would
impose on armed conflict in the Arctic, as unlikely as such conflict may be.
These include the specific prohibition on causing
widespread, long-term and severe environmental damage
under Additional Protocol I
to the Geneva Conventions; as well as the related
obligation to have “due regard” for the natural
environment, as referred to in, for example, the San Remo
Manual on Naval Warfare.
Similarly, environmental factors must play into
military assessments of
targets based on the
general principles of IHL
related to targeting. The
authors explore how these various
legal obligations could be applied in the Arctic
context. Referring to the scientific literature, they
suggest that, due to the particularly vulnerable nature of this regional environment,
many traditional war-fighting techniques would lead
to damage that is not legally permissible. This conclusion
should provide an additional incentive to policy makers to
demilitarize the Arctic and to
solve peacefully any disputes which may arise over
sovereignty, navigation or resources.
(source: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2100623
(accessed on 15 March 2015)
Roby Barnes, right row, last person, Lahr, circa 1981-1982 (photo:
François Lareau)
BARNES, R.F. (Robert F.--"Roby"), on the photo, right row, last
person; photo taken in Lahr, Federal Republic of Germany, circa
1981-82; Roby Barnes was a major and a member of the Senior Legal
Adviser Europe office in Lahr; in front of him is Cathy Barnes,
his wife (left row, last person); Roby subsequently became a
military judge with the JAG and did several courts martial; Just
Letellier is the first person on the left row; Just Letellier also
sat as a judge at courts martial;
Image
source: (Jul-Dec 1998) 4(1) JAG
Newsletter -- Bulletin d'actualités
BARNES, Colonel Roland Frank, 28 July 1929 to 26 November 1998,
"Roland Frank Barnes 'Great Defender' left mark", The Ottawa Citizen, Sunday, 6
December 1998 at p. A-11; reproduced in (Jul-Dec 1998) 4(1) JAG Newsletter -- Bulletin
d'actualités; he died on 26 November 1998 at Vancouver;
he was 69; former Colonel in the Office of the Judge Advocate
General; Senior Legal Advisor Europe for several years in Lahr,
Federal Republic of Germany; sat in Lahr for many years as Judge
for courts martial; see also
https://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=26364103
(accessed 27 October 2017);
Obituary
of Roland Frank Barnes.
When a senior military officer retires, he can be much
more forthright about what he says about the Armed
Forces
and politicians.
So when the Somalia affair began, and the murder
investigation of the death of a Somali at the hands of
the Canadian
military was abruptly cancelled by the federal
government, "Barney" Barnes told his wife, Dorothy:
"Well, I knew all
that was going to happen."
Roland Barnes was a navy lawyer, judge and constitutional law
expert, who, after retirement, became an important
official in the Reform party in his native B.C.
He was born in Vancouver in 1929. He went to King
George High School, graduated in law from the University
of
British Columbia in 1952, all that time serving as an
able seaman in the navy reserve, graduating as a
sea-qualified
sub-lieutenant. He was called to the B.C. bar a
year later. On graduation he married, meeting his future
wife in the officers' ward room,
another officer's date whom he escorted home that first
night. "That's how things happened in those days," Mrs.
Barnes said.
Sub-Lieut. Barnes switched from the reserve to the
regular Navy's Special (legal) Branch and was
commissioned a lieutenant.
His first posting was to the land training base HMCS
Discovery at Edmonton. Then it was on to Lahr in
Germany, then
back and forth between Germany, Esquimalt and Ottawa for
the remainder of his career.
Retired Lt.-Col. Ralph MacDonald was a junior officer
with him and their paths often crossed.
"At first, in Edmonton, he taught law to me and other
young officers and he certainly knew what he was talking
about.
I met him again years later, in the late '60s, when I
was the prosecutor in his first case as a military judge in Esquimalt,
in his black robe and red sash.
"He was a straight shooter, an excellent judge who went by
the book and who ran a fair court. ... My man lost."
From Edmonton, young Lieut. Barnes was posted to
Dusseldorf, Germany, in 1957 as claims officer. He was
delegated
to act in military courts martial as either prosecution
or defence officer. Col. MacDonald recalls him being
remembered
as "The Great Defender ... always urging `never plead
guilty because you never know what can come up in a
court martial."'
In two lengthy trials, Lt.-Cmdr. Barnes in 1965
successfully defended a Canadian airman charged with
murdering his wife
and two daughters.
In Vancouver, Mrs. Barnes said of her husband: "He
would never talk much about his work, not even the
murder case in
Germany."
He was spotted in mid-career as an up-and-coming
officer and sent to attend the one-year National Defence
College
course in 1969. Promoted eventually to naval captain, he
once more shuttled back and forth between Germany and
Ottawa as the Canadian senior military legal adviser
overseas and, finally, as deputy judgeadvocategeneral, naval
operations, at National Defence Headquarters.
Naval Capt. Bill Reid, who succeeded him at DND,
recalls, "Barney was the consummate professional, always
concerned about the application of the rule of law to
the Canadian military."
Capt. Barnes retired in 1987. Still only 58, he was
quickly caught up in politics in his native British
Columbia, for
the fledgling Reform party. He had been a Progressive
Conservative party member briefly and decided Canadian
politics
needed a new direction.
He worked closely with Gordon Shaw, the Reform party
executive director in Calgary, during the 1993 election
campaign.
"He was very keen and active," Mr. Shaw said.
In his home riding of Vancouver Centre, Roly Barnes,
as he had become known, is remembered by Peter Schuley.
"Probably most importantly, he helped us in our
historical first in Canadian politics: Our riding was
the first riding
ever to recall a party candidate and replace him."
In poor health recently, he died Nov. 26. He was 69.
Illustration
Black & White Photo: Roland `Barney' Barnes
retired as a naval captain in 1987. He then turned
his attention to politics. ;
Copyright Southam Publications Inc. Dec 6, 1998
[research note by François Lareau on 30 March 2018: the
accused referred to as having killed his
wife and two daughters was Edward Zeismann]
___________Obituary for BARNES, Roland Frank in The Globe and
Mail, 28 November 1998, at p. A24:
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[Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/...., ProQuest Historical
Newspapers, accessed 5 November 2018]
____________on BARNES, Colonel Roland (Rollie), see
"L'emprisonnement à vie pour le meurtre de sa femme et de ses deux
fillettes", Le devoir, mardi, le 28 décembre 1965, à la p.
8; disponible à http://collections.banq.qc.ca/ark:/52327/2779645
(vérifié le 30 mars 2018); the accused was Edward Zeismann;
subsequently acquitted in second trial, see "Emerson Airman
Acquitted", Winnipeg Free Press, Monday, 26 September
1966, at p. 6, available at https://newspaperarchive.com/winnipeg-free-press-sep-26-1966-p-6/
(accessed 30 March 2018); defence counsel was legal officer
BARNES, Colonel Roland Frank, supra;
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____________on BARNES, Colonel Roland (Rollie), see McDONALD,
R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at p. 118,
available at 103-242;
___________on BARNES, Colonel Roland (Rollie),
see SULLIVAN, Patrick, "Forces policies may be affected.
Military lawyers expect case flood", The Globe and Mail,
Toronto, 18 April 1985, p. M3; ProQuest Historical Newspapers;
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___________on
BARNES, Colonel Roland (Rollie), an affidavit by him in
the case of The Queen In Right of Canada v. Hawker Siddeley Canada
Ltd. et al., 1976 CanLII 1165 (FCA), http://canlii.ca/t/gwh51>;
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[There is an entry for Henderson, Scott]
Image
source: https://twitter.com/robynbarnet, accessed 8 June 2018
Robyn Barnet
BARNET-KUMMER, R. (Robyn), Lt(N), legal
officer, member of the OJAG; was with the Assistant Judge Advocate
General Europe and Assistant Counsel for Corporal Hillier in the
case of Hillier W.D. (Corporal), R. v., 2004 CM 2 (CanLII),
<http://canlii.ca/t/282gl>
(accessed 10 May 2018); named used is Robyn Barnet, member of the
Law Society of Nova Scotia since 2002; works Assistant Judge
Advocate General (Western) Office, Yellowknife, NT (2018);
___________"Military Brats Born Oversea's Not
Canadian's?! Even if in a Canadian overseas hospital!?!",
available at https://army.ca/forums/index.php?topic=26123.70;wap2
(accessed 27 May 2018); "Note: Lt(N) Barnet-Kummer is a JAG
officer at CFSU (Europe)"; see also the article by Robyn
Barnett-Kummer, "Information on Canadian Citizenship", The Maple
Leaf, (23 February 2005), vol. 8, number 8, at p. 18 , available
at http://publications.gc.ca/collections/collection_2015/mdn-dnd/D12-7-8-8.pdf
(accessed 27 May 2018);
___________note on Lieutenant Commander Robyn
Barnet: she is a member of the Nova Scotia Barristers' Society
since 2002 as Ms. Robyn Maude Celeste Barnet;
__________on LCdr Robyn Barnet, see also, the
following article: Nicholson, Pete, Sergeant, "14 Wing Deputy
Judge Advocate (DJA)", The Aurora Newspaper, 14 Wing
Greenwood, NS, 26 April 2010, available at https://www.auroranewspaper.com/pdf/2010/3117news.pdf
(accessed 8 August 2018);
BARNETT, John, Major was the Assistant Judge Advocate General,
13th military district in Calgary, see "Major Barnett S.S.B.
Chairman, New Brunswick Officer, Wounded in War, Successor
to W.J. Black", Star-Phoenix, Saskatoon, Monday, 20
September 1920, at p. 8; available at
https://www.newspapers.com/image/...., accessed 18 May 2020;
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___________on BARNETT, John, see "In the Public Eye: John Barnett",
The Leader-Post, Regina, Saskatchewan, Wednesday, 22 February
1933 at p. 3, available at https://www.newspapers.com/...., accessed
24 May 2020;
------
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"Le jury de la finale était présidé par l’honorable Marie
Deschamps, ancienne juge à la
Cour Suprême du Canada. Les autres membres du jury étaient Me
Stephen Schenke,
avocat et ancien bâtonnier du Barreau de Montréal, le
Lieutenant-Colonel Jean-Michel
Cambron, avocat, M. Vincent Larouche, journaliste à La Presse, et
Me Stéphanie Gamache,
avocate et coroner. [...]
Les membres du jury de la finale ont proclamé gagnants Mme
Juliette de Lamberterie et
M. Alberto Slinger du Collège Stanislas."
BARREAU DE MONTRÉAL, "Concours des débats oratoires: L’abolition
du système de justice militaire,
POUR ou CONTRE", 28e édition s’est déroulée le 29 mars 2017; voir,
Rapport annuel du Barreau de Montréal, 2016-2017, à la p.
53, http://collections.banq.qc.ca/ark:/52327/2159781
à la p. 53 (consulté le 8 juin 2018);
BARREAU DU QUÉBEC, "Programme Congrès du Barreau du Québec, 29, 30
et 31 mai 2008 Québec -- Atelier 28 Droit militaire", disponible
à http://congres.barreau.qc.ca/2008/atelier-28.html
(vérifié le 4 mars 2012); notes: les conférenciers:
Lieutenant-colonel André Dufour, Major Sébastien Bouchard, Forces
canadiennes et l'Adjudant-chef Pierre Marchand;
This dissertation is the first comprehensive
study to trace the evolution of military dishonour and
dismissal
from an historical perspective in the Canadian armed
forces during the First and Second World Wars.
Using extensive general court martial records, archival
documentation, and restricted personnel files,
this study examines judicial sentences of cashiering and
dismissal as well as administrative punishments
used to deprive officers of their commissions for
misconduct, inefficiency, and incompetence. An officer’s
failure to follow the formally and informally enshrined
rules and values recognized as honourable in
military culture deprived him of the right to respect
among peers and the right to command subordinates.
As this thesis is concerned with the construction of the
concepts of honour and dishonour within the
officer corps of the Canadian army and air force, I
analyze the complicated social, economic, medical,
and cultural consequences of officers’ disgraceful
termination from military service. Examining
institutional responses to officers’ misconduct offers
important insights into the espoused values, beliefs
and practices prioritized in both military culture and in
the wider society. Derived from a British military
heritage the idealized form of martial masculinity was
best exemplified by dual identity of a man as an
officer and a gentleman. Within the martial justice
context, examining the nature of officers’ crimes and
misbehavior provides historians with the opportunity to
explore the boundaries of acceptable forms of
gentlemanliness. Perceptions of what exactly constituted
ungentlemanly and scandalous conduct in the
military exposed the contradictions that underpinned
divergent codes of masculinity. The model officer
and gentleman was at once expected to be restrained and
dignified while also exhibiting aggressiveness
and virility. Misbehaviour whether in the officers’ mess,
in public settings before civilians or on the
battlefield revealed how the social conventions and
commitments fundamental to an officer’s identity
often depended on a sense of honourableness that was not
nearly as stable as government and military
authorities preferred to believe.
Norma Barrett
Image source: ca.linkedin.com/in/norma-jean-barrett-0a312a15,
accessed 29 June 2018)
BARRETT, Norma (Norma Jean), lawyer, member of the OJAG since July
2012 and member of the Law Society of Ontario; employed at Canadian Forces Base Trenton (information
gathered on 29 June 2018);
BARSALOU, J.A.J., legal officer with the OJAG, was defence
counsel in the court martial referred to in the article by GRAY,
Walter, "3rd Soldier Admits Drug Smuggling", The Globe and
Mail, 8 May 1962, at p. 1; the Judge Advocate was Group
Captain J.H. Hollies and the prosecutor Major Albert [sic] Fay; I
believe it should read Jim Fay instead;
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Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/...., ProQuest Historical Newspapers,
accessed 24 November 2018
BASTIDA, [Carolina?], Lt(N), military lawyer, member of the OJAG,
referred to in LCol Michel Crowe, AJAG Eastern Region, in "After
Action Report Op Recuperation", dated 3 April 1998, in at p. 3/9
of the article in (May/June 1998) 3 JAG Newsletter/Bulletin
d'actualités;
BASTIEN, Joseph-Rousseau, notaire, membre du Cabinet du JAG lors
de la deuxième guerre mondiale, voir "Mort outre-mer", La
presse, 11 août 1941, à la p. 12; disponible à http://collections.banq.qc.ca/ark:/52327/2979387,
consulté le 25 juillet 2018;
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___________on BASTIEN, Joseph-Rousseau, see "J.R. Bastien, N.P.,
Dies. Was Overseas in Judge Advocate General's
Office", The Gazette, Montreal, Monday, 11 August
1941 at p. 21, available at https://www.newspapers.com/image/....,
accessed 27 June 2020;
BATE, William Barrett, 1903-1950, Major, enlisted with the RCA
and transferred to the JAG Branch in England and served in Italy
and Northwest Europe, see article "W.B. Bate, K.C. Noted Lawyer
Dies in City", The Evening Citizen, Ottawa,
Wednesday, 1 February 1950 at p. 2; available at Retrieved from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2338075321?accountid=46526,
accessed 30 April 2020;
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BATES, Bradley, lawyer, member of the Nova Scotia Bar since
2008, legal officer, OJAG employed at Directorate
of Law and Military Personnel National Defence
Headquarters (information as of 27 August 2018);
___________photo of BATES, Bradley with others:
"Office of the JAG@JAGCAFJun
21 [2019] Congratulations to the
members of our Operational and International
Law Division on receiving the Public Safety, Defence and
Immigration Advisory Award 2019 for their work on the
National Security and Intelligence Committee of
Parliamentarians file!"
Image
source: ipolitics.ca/author/jbaxter/, accessed 8 July 2017
James Baxter
BAXTER, James, "Defence ombudsman [André Marin] defies brass,
holds news conference: 100-day report largely devoid of
substance", National Post,
Sep 24, 1999, p.A6;
Investigations Unit, has been embroiled in a very
public struggle with Brigadier General
Jerry Pitzul, the judge
advocate general, over the
role and powers...
BC Civil Liberties Association (BCCLA), "New Release --
BCCLA demands real justice for Canadian Soldiers", 1 March 2011,
available at http://www.bccla.org/pressreleases/11soldiers.pdf
(accessed on 3 June 2011);
Image source: alertpress.org/volume-2.html, accessed 16 February
2017
BEACH, Laura, "Canadian Academic Institutions, The Weapons
Industry, and Militarist Ideology", in Maximilian C. Forte, ed., The
New Imperalism, Volume II, Interventionalism, Information
Warfare and the Military-Academic Complex, Montreal: Alert
Press, 2011; article available at https://books.google.ca/books?id=ei9uAwAAQBAJ&pg=PA15&source=gbs_toc_r&cad=3#v=onepage&q&f=false(accessed
16 February 2017);
Brent Beardsley, image source Google
Image, accessed on 25 April 2014
Image
source:
http://www.navalandmilitarymuseum.org/archives/projects/crows-nest-magazines,
accessed 12 February 2015
BEATON, Virginia, "Sailor awarded top prize by Canadian Bar
Association", (Fall 2011) 5(3) Crowsnest
17; available at http://hqrcna.com/files/Crowsnest_ENGLISH_for_web.pdf
(accessed on 7 May 2012); Notes: "Crowsnest is published
quarterly on the authority of the Commander Royal Canadian Navy,
Vice-Admiral Paul Maddison. Comments are welcome and can be sent
to: Directorate of Navy Public Affairs"; about Lieutenant (Navy)
Darren Vallentgoed;
BEATTY, P.W., Lieutenant-Colonel, on, see Canadian Press,
"Keenleyside Ordnance Head", The Winnipeg Tribune, 5
February 1942 at p. 13, available at
https://www.newspapers.com/...., accessed 21 May 2020;
...Lt-Col. P.W. Beatty, Toronto, steps up to
assistant
judge advocate gneral at Canadian military Headquarters
in London.
BEAUCHAMP-DUPONT, JAMIL, Captain, member of the Law Society of
Upper Canada, legal officer with the OJAG (since 2017 or 2018); I
had the chance to talk to Mr. Beaupré-Dupont on the telephone on
22 February 2018;
BEAUCHAMP-LALIBERTÉ, Julien, Capt, member of the OJAG, reserve
force; he attended the 2019 mandatory legal officer qualification
course at Canadian Forces Military Law Centre, CFB Kingston, see
Access to Information Act, DND Acess to Information and Privacy
letter dated 12 June 2019, File A-2019-00289; travaille pour le
Procureur aux poursuites criminelles et pénales / Crown Prosecutor
at Directeur des Poursuites criminelles et Pénales,
Trois-Rivieres;
Jason Beaudoin
BEAUDOIN, Jason, research note: "IT Project Officer at The Office
of the Chief Military Judge...February 2014--Present (3 years 6
months)", source https://ca.linkedin.com/in/jason-beaudoin-37669520
(accessed 31 July 2017);
BEAUDRY, Henri, avocat, ancien avocat militaire dans l'armée
canadienne, voir "Nouvelle étude légale : Mes Depeyre, Michaud
& Beaudry, ont plaisir d'annoncer à leurs amis ainsi qu'au
public en général l'ouverture de leur bureau situé à 111-113 côte
de la Montagne, Québec. Cette étude portera le nom de
"Depeyre, Michaud & Beaudry", L'action catholique,
Québec, samedi, 16 octobre 1954, à la p. 9; disponible à http://collections.banq.qc.ca/ark:/52327/3526411
(consulté le 27 janvier 2019);
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___________BEAUDRY, Henri, était l'avocat de la défense dans la
cour martiale du lance-caporal J.-C.E. Desjardins accusé de
fraude, voir "Verdict attendu cet après-midi", Le soleil,
Québec, mardi, 26 octobre 1954 à la p. 13; le juge-avocat était Me
Yves Bernier; disponible à http://collections.banq.qc.ca/ark:/52327/3190270
(vérifié le 15 mars 2019);
BEAUPRÉ, Colonel A.E. (Al), 1923-2004, member of the OJAG, see
McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military
Lawyers, Ottawa : Office of the Judge Advocate General,
c2002, at pp. 92, 112 and 133, available at i-xii and 1-102
and 103-242;
Catherine Beaupre (nee Matthews)
___________on Colonel Beaupré, Al, and his wife Catherine Beaupré
(née Matthews), see:
Colonel Al Beaupré
COLONEL BEAUPRE
COLONEL RETD ALPHONSE ELIE BEAUPRE Q.C. Colonel
Retd Alphonse Elie Beaupre Q.C., born June 15, 1923, passed
away peacefully on October 1, 2004
at Thunder Bay Regional Health Sciences Centre. Al was born
and raised in the small francophone farming community of La
Broquerie, MB. He served with the
Royal Canadian Air Force in England during the Second World
War. There he met and married Catherine (Kay) Mathews. After
the war he attended the University
of Manitoba where he obtained his degree in law. Upon
graduation he rejoined the Royal Canadian Air Force serving
in the Judge Advocate Generals Office. He
served with distinction within Canada and overseas, retiring
as a full Colonel. Upon his retirement from the Canadian
Armed Forces he joined the National Parole
Board as a sitting member in Kingston, ON. When he retired
from the workforce he and Catherine moved to Thunder
Bay.
[source: http://passages.winnipegfreepress.com/passage-details/id-89544/name-Colonel_Beaupre/,
accessed on 22 April 2012]
Catherine Beaupré (née Matthews)
CATHERINE BEAUPRE
Catherine Beaupre (nee Matthews) was born on September 26th,
1924 and died on October 7th, 2015 at Roseview Manor.
Catherine was born and raised in Manchester,
England. At the age of 18 she joined the war effort by
serving with the R.A.F. from 1942 to 1945. During her
service she met her husband to be Al Beaupre who was
serving with the R.C.A.F. in England. Shortly after the war
in Europe came to an end they married in England in June
1945. Catherine emigrated to Canada as a war
bride with her infant first son in August 1946 arriving by
ship in Halifax. She and her infant then travelled for a
week by train to Winnipeg where she started her new
life within a welcoming French-Canadian family. Thereafter
Catherine lived the life of a military spouse constantly on
the move while raising three sons. Her pride
in her appearance and her home reflected her British roots
and many travel opportunities. Upon retirement she and Al
moved to Thunder Bay. After her husband died
in 2004 Catherine's health started to decline. She spent the
last 6 years of her life in residence at Roseview Manor.
Catherine was pre-deceased by her parents, William
and Catherine Matthews, brothers William, Joe, Fred and
sister Mary. Catherine is survived by her sister Frances and
brother Thomas; her sons Barry (Bev), Tony
(Pierrette), and Pierre; 6 grandchildren; Myles, Nicole,
Marie-Lyne, Julien, Liam and Noah; and 4 great grandchildren
Owen, Emmy, Ruby and Arnaud. We would
like to thank the nursing staff at Roseview for the very
good care they provided our Mother during the last years of
her life. Catherine was a brave, adventurous woman
and a good Mother to three sons who did not always
make it easy for her to be the loving and protective Mom she
was. All our love. Funeral Services will be held on
Saturday, October 24, 2015 at 9:30 am in the Chapel of the
Sargent & Son Funeral Home & Reception Centre, 21 N.
Court Street. Interment to follow in St. Andrew's
Cemetery. In lieu of flowers please make a donation to a
charity of your choice.
[source: at http://www.legacy.com/obituaries/chroniclejournal/obituary.aspx?pid=176180033,
accessed 1 July 2017]
___________on Colonel Beaupré, see the following article where
Colonel Beaupré was president of the Standing Court Martial:
Canadian Press, "Aided escape, private jailed for 6 months", The
Globe and Mail, 18 December 1975, at p. 9;
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Source:
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accessed 29 September 2018
BEAUREGARD, Claude, 1957-, Guerre
et
censure
au Canada, 1939-1945, Sillery, Québec : Septentrion,
1998, notes: Présenté à l'origine comme thèse (Ph.D. de
l'auteur--Université Laval) sous le titre: Guerre et censure, 1995;
Ce petit livre issu d’une
thèse de doctorat comporte quatre chapitres portant
respectivement sur:
1. La mise en
place de la censure depuis la Grande
Guerre, la règlementation, le Comité de coordination de la
censure, etc.
2. La censure de
la presse: organisation, fondements de la
coopération entre la presse et la censure, les difficultés
dans
l’application de la censure, les relations tendues
entre les censeurs et la presse, etc.
3. La censure
militaire: la censure de la correspondance
des troupes en Europe et au Canada, les correspondants de
guerre
et la censure, la propagande et la censure, etc.
4. La censure des communications personnelles et
le renseignement: la réorganisation de la
censure en 1942 et sa centralisation,
censure postale et des communications, activités
politiques des femmes et censure, considérations sur la
censure des
communications personnelles [Source: http://www.lequebecetlesguerres.org/guerre-et-censure-au-canada-1939-1945-de-claude-beauregard/,
accessed on 16 April 2014]
BÉDARD, Jean-Jacques, 1916-, avocat, membre du cabinet du JAG
pendant la deuxième guerre mondiale, voir "Nouveau bureau d'avocat",
Le Soleil, 22 décembre 1945, à la p.32; disponible à http://collections.banq.qc.ca/ark:/52327/3439676
(consulté le 25 juillet 2018);
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___________notes sur Bédard, Jean-Jacques, dans Me J.A. Fortin, Biographies
canadiennes-françaises, 19e édition, Montréal, 1963 à la p.
92;
Avocat, Conseil en loi de la
Reine, député du comté de Québec et
ancien président du Jeune Barreau de Québec de 1950 à
1951, Jean-Jacques
Bédard naquit à Québec, le 10 septembre 1916, fils de feu
J. Ephraïm
Bédard, C.R.. ancien bâtonnier du Barreau de Québec,
ancien député du
comté de Québec de 1927 à 1933 et vice-président de la
Commission des
Liqueurs de 1933 à 1936.
Il fit ses études au Séminaire de
Québec et à St. Dunstan University, de
Charlottetown, Ile-du-Prince-Edouard. Il fut reçu
bachelier ès Arts et licencié
en droit de l'Université Laval en 1942. Il entra au
service de l’Armée
canadienne en 1942 et fut attaché militaire au bureau du juge-avocat général
du Ministère de la Défense Nationale jusqu’en décembre
1945, en sortant
avec le grade de capitaine.
Il exerce sa profession à Québec, au
numéro 885 est rue St-Joseph.
Il est membre de l’Association du Barreau
canadien; commissaire de la
Cour Supérieure; fut président de la Chambre de Commerce
de Charlesbourg
de 1951 à 1952; avocat et membre de l’Exécutif du Conseil
2721 des Che-
valiers de Colomb et de l'Assemblée Générale Archevêque
Mathieu.
Membre du Club de Réforme; du
Royal Quebec Golf Club; du Club
Optimiste St-Laurent-Québec. Marguillier-fondateur
de la paroisse St-Jérôme
de l’Auvergne. Elu une première fois à l’Assemblée
Législative en 1952, réélu
en 1960 et 1962; nommé président du Comité des Bills
Privés et Adjoint
parlementaire du Procureur Général en 1961. Il est
maintenant Vice-président
de la Chambre.
Le 26 juin 1943, Jean-Jacques Bédard
épousait Bérengère Boulanger. De
cette union sont nés cinq enfants: Jean-Pierre, Lise,
Bérengère, Claire et
Mireille.
Résidence: Charlesbourg, Qué.
Source de
l'image: http://www.canadafrancais.com/Auteur-Louise-Bedard/6074/76,
vérifié 22 mai 2016
Louise Bédard
BÉDARD, Louise, "La justice militaire assujettie au droit canadien",
Le Canada Français - Actualité -
www.canadafrancais.com--mercredi 21 novembre 2005, à la p. A-43;
disponible à news.google.com/newspapers?nid=804&dat=20051123&id=q30lAAAAIBAJ&sjid=vEgDAAAAIBAJ&pg=1664,4895379&hl=en
(vérifié 28 février 2016);
source:
festivalmemoria.net/archives/archives2015/rene-vallerand/,
consulté le 22 juillet 2018
René Vallerand
___________"René Vallerand, un militaire passionné de littérature",Le Canada Français, no. Vol.
155 n° 34,Actualité, jeudi
12 février 2015 - 432 mots, p. CAHA26;
Image
source: https://twitter.com/bobbiebees, accessed 24 November 2015
Bobbie Bees: "The one and only misfit base
brat. Well, okay, not the only one obviously,
but the one dumb enough to take on the Canadian Forces."
BEES, Bobbie (THE DISTURBED BASE BRAT), "A sad truth:
Lieutenant Colonel David Antonyshyn", blog, cfbnamao.blogspot.ca, 23
November 2015, available at http://cfbnamao.blogspot.ca/2015/11/lieutenant-colonel-david-antonyshyn.html(accessed
23 November 2015);
A sad truth
This is my experience
as a sexually abused military base brat. What
makes my abuse even more horrific is the fact
that a cover-up of sorts was
done so that the true extent of childhood
sexual abuse on CFB Namao would be shielded from
public eyes. The military may have thought this
would keep an embarrassing incident out of
the local media, but the unintended consequence
of this was the complete destruction of my
childhood.
.... On February 9th, 2015 I had a telephone
call with Lieutenant Colonel David Antonyshyn.
Mr. Antonyshyn is the Assistant to the Deputy
Judge Advocate General. ...
___________ "Lost at SEA: Deployable Military Justice as a Beacon in
a Fog of Impunity", paper presented at The Asia Pacific Military
Justice Workshop 2016, 20-21 September 2016, National University of
Singapore, Bukit Timah Campus; see http://law.nus.edu.sg/about_us/news/2016/AsiaPac_MilitaryJustice.html
(accessed 26 October 2016);
François-Philippe Champagne hires Daniel Lauzon,
Lawrence MacAulay hires Patricia Beh,
and Mélanie Joly names her director of parliamentary
affairs, Sandra Aubé, as her acting chief
of staff.
Source: southamclub.ca/en/news/16184,
accessed 2 July 2018
Suneeta Millington, left and Patricia Beh
(Photo Caroline Phillips)
___________Research note: Major Beh presented as a Panel presenter
and "Cyber Subject Matter Expert", at the discussion "Building a
Canadian Cyberwarfare Capability", 31 January 2018, CDA Institute
and KMPG, see https://cdainstitute.ca/cyber-assurance-and-governance/
(accessed 27 March 2018);
Like the principle of sovereignty, the Law of
Armed Conflict applies in the cyber domain. But here things
get tricky,
as the nature of the cyber domain means that “military
targets” often have civilian applications as well. For
example,
is it legal to use a cyberattack that targets the power grid
for a major military base but that also takes down the
electricity for a nearby hospital? Also, the
interconnectedness of the cyber domain and its real-world
manifestations
mean that the concept of proportionality may be difficult to
enforce due to the cascading effects of failure when it
comes
to complex systems.
There is also the thorny legal issue of the status of
combatants in cyber space. Are reservists or contractors
conducting
offensive cyberattacks on military targets on behalf of the
CAF liable should these attacks cause casualties?
Determining
whether reservists and contractors count as combatants or
non-combatants in cyber operations under the Law of Armed
Conflict is a question that the CAF will have to grapple
with. The answer will greatly shape the CAF’s cyber
force
structure and influence how it chooses to conduct offensive
cyber operations.
[p. 7]
Image
source: www.law.siu.edu/our-people/deans/behan.html,
accessed 9 October 2017
Christopher Behan
BEHAN, Christopher, "Don't Tug on Superman's Cape: In Defense of
Convening Authority Selection and Appointment of Court-Martial Panel
members", (2003) 176 Military Law Review 190-308; available
at http://www.law.siu.edu/_common/documents/publications/behan/authority.pdf
(accessed 14 October 2015); discusses Canadian law;
.........
Nicola Peffer
BEHRENS, Matthew, "Sex assault lawsuits seek culture change in
Canada's military. Armed Force's new diversity strategy is
"lipstick on a pig," says lead plaintiff Nicola Peffers", 27 April
2017, available at https://nowtoronto.com/news/sex-assault-lawsuits-seek-culture-change-in-military/
(accessed 4 June 2017);
BÉIQUE, Victor-Édouard, 1889-1950, capitaine, membre du JAG, voir
l'article suivant: "Un capitaine sous arrêt.
Une cour martiale commence ce matin à juger le capitaine Roy,
médecin militaire-- Deux inculpations sont portées contre
l'accusé--Soldats du Laval dans la compagnie sibérienne", Le
devoir, vendredi 27 septembre 1918, à la p. , disponible
à http://collections.banq.qc.ca/ark:/52327/2800128
et reproduit ci-dessous (consulté le 27 juillet 2018); voir aussi
http://faculty.marianopolis.edu/c.belanger/quebechistory/encyclopedia/AvocatsduQuebec-Quebeclawyers.html
avec une mention d'un article sur lui dans la Revue du Barreau,
1950 aux pp. 449-450; pour cette cour martiale, le LCol Hibbard
est le juge-avocat, le capitaine Victor Béique est l'avocat de la
poursuite et Me Alban Germain l'avocat de la défense; his
father was the Hon. Frederick Liguri Béique;
Pressing (and holding) the Ctrl
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__________on BÉIQUE, Victor-Édouard, see "Requiem Mass Planned
Friday for V.E. Béique", The Gazette, Montreal, Wednesday,
20 September 1950 at p. 21, available at
https://www.newspapers.com/...., accessed 26 May 2020;
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
__________on BÉIQUE, Victor-Édouard, voir "Cour martiale
permanente", L'avenir du Nord, Organe libéral du
District de Terrebonne, vendredi, 6 septembre 1918 à la p. 1
(22e année, numéro 36). disponible au permalien http://collections.banq.qc.ca/ark:/52327/2509734
, vérifié le 28 juin 2020; sur les cours martiales permanentes en
1918;
___________sur Béique, Victor, voir sa photo dans Le Canada,
mercredi 24 novembre 1937, à la p. 14, disponible au permalien http://collections.banq.qc.ca/ark:/52327/3570774
, site consulté le 17 juillet 2020;
BEJZYK, Melanie, Note Ms. Bejzyk is "Deputy Director, Directorate
of International Law, Office of the Judge Advocate General,
2016-Present (2 years), Ottawa Canada (On exchange from Global
Affairs Canada)", see https://ca.linkedin.com/in/melanie-bejzyk-820656114
(accessed 7 July 2018);
BEKKEMA, R. James, 1945-, and John M. Huels, O.S.M.,
1950-2005, Faculties of military
chaplains, deacons, and lay pastoral associates in the Roman
Catholic Military
Ordinariate of Canada,
Ottawa : Faculty of
Canon Law, Saint Paul
University, 2005, iii, 46, iv, 25, [32] leaves ; 28
cm, NOTES: Appendices includes: Manual of
the military Ordinariate of
Canada and mandates, powers,
and faculties. Seminar paper
(M.A.)--Faculty of Canon Law,
Saint Paul University, 2005. Director: John M. Huels.,
copy at Saint-Paul University
LibraryBQV 104 O82B44F2 2005;
BÉLANGER, Yves, "Un Julievillois au Tribunal de guerre de La
Haye: Le militaire Jean Caron effectue un stage de six mois en
Hollande", L'information de
Ste-Julie, 30 octobre 1999; aussi publié dans
(October-December 1999) 4 JAG
Newsletter -- Bulletin d'actualités 32;
BELCHER, Colonel Eric, "Critical Mission : Rules of Engagement
Development and Dissemination at the Operational Level of
Command", AMSC 8 (Advanced Military Studies Course 8), Canadian
Forces College, October 2005, 26 p.; available at http://www.cfc.forces.gc.ca/259/260/268/belcher.pdf
(accessed on 19 June 2012);
Cette photo de Paul L. Belcourt provient
du journal Le Devoir, 27 août 1956, à la p. 8 sous la
rubrique
"Mutations au Royal Trust", disponible à collections.banq.qc.ca/ark:/52327/2788946
(consulté le 2 février 2019)
Pressing (and holding) the Ctrl
key and scrolling the wheel
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BÉLIVEAU, Jules, "Un aumônier militaire exhorte ses confrères à
une meilleure conduite", La Presse, mercredi le 8 avril
1992, à la p. A14; disponible à http://collections.banq.qc.ca/ark:/52327/2173448
(consulté le 22 août 2018);
Image
source:
cas-cdc-www02.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Bio/Bell
and photo credit: Keith
Minchin B. Richard Bell,
Chief Justice of the CMAC
BELL, B. Richard, Chief Justice of the Court Martial Appeal Court
of Canada, presenter at
Committee for Military Justice, "International Criminal
Responsibility and International Criminal Justice in Relation to
Peace Operations", Thursday, 17 May 2018, International Society
for Military Law and the Law of War, 21th Congress (Lisbon, 15-19
May 2018) Peace, War & the Law Draft programme for
participants, available at http://www.ismllw.org/congres/2018-05-15%20Lisbon%20Programme.pdf
(accessed 17 May 2018);
BELL, J.R., Captain, avocat de la défense pour la cour martiale
de A.Gohr en 1919: "Châtiment sévère pour cet insoumis", La
Presse, 11 février 1919 à la p. 7; disponible à http://collections.banq.qc.ca/ark:/52327/3197797
(vérifié le 9 août 2018);
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
___________on BELL, J.R., Captain, see "Sentence Commuted, Two
Years Hard Labor. Pte Telesphore St. Cyr, Draftee, Did Not
Like Army Life", The Globe, Toronto, 23 January
1919, at p. 3, available at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....,
accessed 8 July 2020; for clarity, see the previous entry on Bell,
article in French;
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
----------
Stewart Bell,
journalist
Andrew Russell, journalist
[source:
globalnews.ca/video/3779458/recent-acts-of-terrorism-
[source: https://globalnews.ca/author/andrew-russell/, accessed 5
July 2018]
involve-direct-immediate-acts-of-violence, accessed 5 July 2018]
But in the interview with podcast hosts Prof. Craig
Forcese and Prof. Stephanie
Carvin, Cathcart shed some light on Canada’s
approach
and countered those who argued it was illegal for the
government to target its own citizens.
He said that during an armed conflict, the military
could legally kill enemy combatants.
___________ "Targeted killings of Canadian ISIS members cloaked in
secrecy, but officials discussed issue", Global News, 5
June 2018, available at https://globalnews.ca/news/4252329/targeted-killings-canadian-isis/
(accessed 11 June 2018); includes video with Craig Forcese;
With
about 100 extremists from Canada taking part in the
conflicts in Syria and Iraq, their targeting by
the coalition was likely discussed by officials at
Justice Canada and the Judge Advocate General, the
military’s legal advisor, in order to protect Canadian
soldiers from possible prosecution.
BELLEAU, E. (E.L.J.), d'Ottawa, juge à la cour martiale, division
de Montréal, démissionne en 1946 pour raison de santé; voir
"Promotion militaire", Le devoir, mardi 5 février
1946, disponible à http://collections.banq.qc.ca/ark:/52327/2780068
(accessed 20 August 2018);
______on major Belleau, E.L.J., see "New Appointment for
Major Belleau", The Ottawa Citizen, 8 June 1944 at p. 1,
available at https://www.newspapers.com/image/...., accessed 25
June 2020;
______sur le major Belleau, on pourra également lire "Une
nomination", Le soleil (Québec), vendredi 9 juin
1944 à la p. 19, disponible à http://collections.banq.qc.ca/ark:/52327/3439121
(consulté le 26 août 2018); on indique dans l'article que Me
Belleau est d'Ottawa et des environs de Hull;
BELLEAU, Gabriel, 1902-1973, avocat, capitaine durant la seconde
guerre mondiale, de l'étude Belleau-Fortier-Lapointe et
Desrivières de Québec; avocat du JAG?; voir l'article du
lieutenant Jean-Charles Daoust, "Une tâche importante est confiée
au Lt-col L Fortier outre-mer", Le soleil, Québec, samedi
10 février 1945 à la p. 9, disponible à http://collections.banq.qc.ca/ark:/52327/3439352
(consulté le 15 mars 2019); remarquons les noms de d'autres
avocats militaires dans l'article;
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
Le Congolais Bosco Ntaganda a fait de Me Boutin et
de Me Stéphane Bourgon, aussi un Québécois, ses avocats
devant la CPI.
[...]
Cela l'a mené en Bosnie, au Rwanda, en Croatie, à Haïti,
au Honduras et en Afghanistan, en outre, où il a travaillé
pour les Forces.
Et maintenant, aux Pays-Bas, à la CPI. Dans deux ans,
quand le procès de Ntaganda sera terminé, c'est ailleurs
que Me Boutin exercera
sa profession.
« Je suis spécialisé en droit criminel. Je vais donc
travailler aux palais de justice à Alma, Chicoutimi et
Roberval », dit-il, avec un
enthousiasme non feint.
BELZILE, Charles-Henri ("Charlie"), Lieutenant-General (Retired),
1933-2016, "Military Justice and Discipline" (1997) 12 Vanguard,
vol. 3, no. 2, pp. 12-15; this article is reproduced in JAG
Newsletter: Office of the Judge Advocate General, vol. 1,
Jan/Feb 1998, as article 4 in Part II of the Newsletter;
available at http://www.lareau-law.ca/Belzile33.pdf
(posted 27 December 2016);
___________on BELZILE, Lieutenant-General Charles, see
SPECIAL ADVISORY GROUP ON MILITARY JUSTICE AND MILITARY POLICE
INVESTIGATION SERVICES, Report on Quasi-Judicial Role of
the Minister of National Defence, [2nd report], [Ottawa]:
[Special Advisory Group on Military Justice and Military Police
Investigation Services], 25 July 1997 (submitted), i, 30 p. and 5
Appendixes (16 p.); this report is also known as "Dickson Report
II"; copy at the CWM LIBRARY / BIBLIOTHÈQUE DU MCG : GEN UB 845 C2
S64 1997; see Table of
Contents and the List of Recommendations; Dickson
Report
II FRANÇAIS : GROUPE CONSULTATIF SUR LA JUSTICE MILITAIRE ET LES SERVICES
D'ENQUÊTE DE LA POLICE MILITAIRE, Rapport sur le rôle
quasi-judiciaire du Ministre de la défense nationale, [2e
rapport], [Ottawa]: [Groupe consultatif spécial sur la justice
militaire et sur les services d'enquête de la police militaire],
25 juillet 1997 (soumis), i, 30 p. et 5 annexes (17 p.); CWM
LIBRARY / BIBLIOTHÈQUE DU MCG : GEN UB 845 C2 S64 1997; ce
rapport, aussi connu sous le nom de "Rapport Dickson II"; voir
la Table
des matières et la liste des recommandations;
___________on BELZILE, Lieutenant-General Charles, see McDONALD,
R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at p. 163,
available at 103-242;
BENCE, T., Chef d'escadrille est le juge-avocat dans la
cour martiale de Harold Dahl, "Procès fait au fameux aviateur
américain Harold (Whitey) Dahl", Le soleil,
Québec, lundi 15 janvier 1945 à la p. 9, disponible à http://collections.banq.qc.ca/ark:/52327/3439325
(vérifié le 15 mars 2019);
Source:
http://www.avocatsgc.com/fr/pages/avocats, consulté 27 juin 2016
BENOIT-GAGNÉ, Guillaume (G.J.M.), avocat, membre du Barreau du
Québec, 2011, membre du Cabinet du JAG; travaille au Service
canadien des poursuites militaires (renseignement en date du 31
décembre 2018, Bottin du Barreau du Québec); acted as co-counsel
for the prosecution with Major L. Langlois in the Court
martial: Abbott T.W.J. (Major), R. v., 2018 CM
2032 (CanLII), <http://canlii.ca/t/hx8lf>;
___________Photo of Lieutenant (N) BENOIT-GAGNÉ, Guillaume with
other members of the OJAG:
Canadian Military Prosecution
Service@CMPSCAFJun
13 [2019]
Military Prosecutors, Capt Baby-Cormier, Capt Thiessen, Lt(N) Benoit-Gagné and
Lt(N) Besner recently celebrated the successful completion
of the final exercise marking
the end of their month-long Legal Officer Qualification
Course.
Photo of Robert F. Benson, image source: http://www.innercitypress.com/banslaw082107.html,
accessed 2 February 2019
BENSON, Robert F., biographical notes on a former JAG officer in
the seventies and early eighties; Bob worked at the AJAG office in
Halifax with LCol Fay and at NDHQ/DPLS;
Canadian legal expert takes top ethics post at UN
3 May 2007 – A Canadian lawyer with extensive experience in
governmental ethics has been appointed Director of the United
Nations Ethics Office,
a key element of reform of the Organization mandated by the
2005 World Summit, a UN spokesperson announced today.
Robert F. Benson served as the Interim Ethics
Commissioner in the Canadian Parliament and, prior to
that, was Deputy Ethics Counsellor within the
Canadian Government. Mr. Benson succeeds Nancy
Hurtz-Soyka who has been the Interim Director of the
Ethics Office since its inception in early 2006. ..../
Mr. Benson is a lawyer who has worked 29 years in the
federal government. He has been a legal officer with the
Office of the
Judge Advocate General, in the Canadian military; he has
worked with the Department of Justice as one of six counsel
to the RCMP and
Security Service, and was a member of the Department of
Justice’s Prosecutorial Flying Squad where he undertook
criminal prosecutions
and represented the Attorney General of Canada in appellate
court work. He has worked as the Executive Director of the
RCMP External
Review Committee, the Deputy Ethics Counsellor with the
Office of the Ethics Counsellor, and finally, The Deputy
Ethics Commissioner
with the new Parliamentary Entity, The Office of the Ethics
Commissioner.
Mr. Benson has acted as an International Expert, on behalf
of the United Nations, at the National Consultative
Conference on Combatting
Corruption and Promotion of Ethics, held in Namibia.
He has also participated, at the request of the Council of
Europe, in the Octopus
Project - The Use of Codes of Conduct in the Fight Against
Corruption, held in Budapest, and was the Canadian delegate
to the Council
of Europe’s First International Conference on Combatting
Corruption for Practitioners, held in Strasbourg. Mr. Benson
assisted the federal
Department of Justice in their International Cooperation
work in Ukraine, as an expert of public sector ethics.
BERCUSON, David Jay, 1945-, "David J. Bercuson: Angry
veterans today, a unionized Canadian military tomorrow?
Bureaucrats and lawyers fight tooth and nail against the idea that
the government has a constitutional obligation to care, no matter
what offer a government is prepared to pay", National Post, 27
September 2018, available at https://nationalpost.com/opinion/david-j-bercuson-angry-veterans-today-a-unionized-canadian-military-tomorrow
(accessed 28 September 2018);
Significant incident: Canada's army, the Airnorne, and the
murder in Somalia, Toronto: M&S (McClelland and
Stewart), c1996, vii, 263 p., ISBN: 0771011113X;
"Contents:
.Preface/v;
Introduction: The Murder/1
PART ONE: THE CANADIAN ARMY:
1 Armies/17;
2. The 'Old' Army/41;
3, "The 'Old' Army Passes Away"/66
PART TWO: CANADA'S SOLDIERS NOW:
4. The Canadian Army/93;
5. Regiments and Families/115;
6. Call to Duty/136.
PART THREE: THE CANADIAN AIRBORNE REGIMENT:
7. The Pegasus Tradition/161;
8. The Best Soldiers, and the
Worst/192;
9. Somalia/217; Afterword/240; Acknowledgemenst/243;
Foootnotes/245; Bibliography/253; Index/257"
Exactly as it had done in the Balkans, Ottawa had
imposed caveats from the very beginning of the Afghan
operation. During the initial deployment
of 3PPCLI Battle Group under LCol Pat Stogran in early 2002,
any mission which might risk collateral damage had to be
approved by Ottawa
before it was undertaken. In other words, Stogran’s
ability to deploy and employ his troops was significantly
restricted by the government’s caveats.
And although he was supposed to clear his Canadian troops’
operations with VAdm Greg Maddison, the Vice Chief of the
Defence Staff in Ottawa,
MGen Andrew Leslie in Kabul in 2003-04 did so only when he
believed it absolutely necessary: it was, he said, better to
act first rather than to be trapped on
the telephone. That he could so act marked a major change from
the troubled Balkan missions of the 1990s when CF officers
need to check with
headquarters and the Judge
Advocate Generalbefore almost every action. But when he became
ISAF commander shortly thereafter, Gen Hillier
realized that he simply could not use his Canadian
troops as his “go-to guys” because the contingent commander,
faced with NDHQ’s tightening of the
caveat rules, needed Ottawa’s approval “of almost every
detail,” a process that took 12 to 72 hours. This would
change: one hard lesson learned in
Afghanistan was that an able enemy and the threat of
casualties demanded quick action, innovation, and risk-taking.
Though the caveats were removed
when Canada deployed to Kandahar in early 2006, Ottawa ought
to have been completely aware of the difficulties that
national caveats could cause in
multilateral missions. [pp. 10-11. footnotes omitted]
___________"Up from the Ashes: The Re-Professionalization of the
Canadian Forces after the Somalia Affair", (2009) 9(3) Canadian Military Journal;
available at http://www.journal.dnd.ca/vo9/no3/06-bercuson-eng.asp
(accessed on 5 January 2012); FRANÇAIS :
___________"Renaître de ses cendres: la reprofessionnalisation des
forces armées canadiennes après l'affaire somalienne", (2009) 9(3)
Revue militaire canadienne,
disponible à http://www.journal.forces.gc.ca/vo9/no3/06-bercuson-fra.asp
(vérifié le 5 janvier 2012);
BERGER, Sam, see photo hereunder from The Ottawa Citizen, 26
August 1946 at p. 12; available from https://www.newspapers.com/,
accessed 16 May 2020;
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
___________on BERGER, Sam, served with the RCAF Judge Advocate
General's Branch, see the article by Patrick Best, "Berger
Officially In Race", The Ottawa Citizen, 9 September 1960
at p. 1, see excerpts hereunder:
Cons. Sam Berger today made official
that he would seek the mayor's office at
the December 5 municipal elections.
....
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
Source: Proquest at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....,
accessed 29 April 2020
Sam Burger à droite et le maire Jean Drapeau à gauche
___________sur BERGER, Sam, il a été propriétaire des équipes de
football d'Ottawa et de Montréal, voir le texte de Turbis, Pierre
et Bruneau, Pierre, La grande histoire des Alouettes de
Montréal, Les Éditions de l’Homme, 2007 dont nous
reproduisons ici un extrait que l'on retrouve à https://pucktavie.blogspot.com/2011/10/sam-berger.html,
qui est le blog "Trêve de hockey #58 - Sam Berger", de K. Acton,
site consulté le 1er mai 2020;
Avocat de formation, Sam Berger avait toujours été
un fan de football. À partir de 1930,
alors âgé de 30 ans, il devient impliqué avec l’équipe de sa
ville, les Rough Riders d’Ottawa.
Au fil des années, il occupe les postes de conseiller
juridique, puis président et finalement
propriétaire. Pendant les neuf ans qu’il a été président,
l’équipe s’est rendue sept fois à la
finale de la Coupe Grey, la remportant quatre fois.
Pendant cette période, il
a également été candidat à la mairie d’Ottawa en 1960 et
1962,
mais sans succès.
En 1969, les Alouettes
[de Montréal] sont à la dérive sur le terrain depuis
quelques années.
C’est à ce moment que Berger vend les Rough Riders et
donne l’argent reçu de la vente à
des œuvres de charité. Il achète alors les Alouettes de
Joe Atwell pour 1,2 million $ et
entreprend de les reconstruire.
[...]
Il est décédé en 1992, à
l’âge de 92 ans.
Il est le père de David Berger, qui a été député libéral
fédéral de Laurier de 1979 à 1988 et
de St-Henri-Westmount de 1988 à 1994.
source:
impressiongp.com/files/medias-fixes/2012/action-beauce-juin-2012.pdf,
consulté 8 août 2018
Robert Bergeron
BERGERON, Robert (Bob) A., legal officer, member of the OJAJ;
AJAG Pacific Region; member of the Quebec Bar since 1984; LL.B.,
Université de Sherbrooke, 1983;
___________photo de Me Robert A. Bergeron, à la p. 1 de L'Éclaireur
Progrès.ca, Saint-Georges, 31 juillet 2019, disponible
à https://fliphtml5.com/hvhc/bkqx/basic
(site consulté le 10 novembre 2020);
___________photo et texte sur Me Robert A. Bergeron dans Les
casernes Connaught 1814-2014: un hommage du 35e Groupe-brigade
du Canada, publié par le 35e Groupe-brigade du Canada, 2017,
206 p., ISBN: 978-2-9816462-0-0; disponible à https://collections.banq.qc.ca/ark:/52327/3070379
(site consulté le 10 novembre 2020);
:
[p. 60]
VÉHICULES D’ÉPOQUE DEUXIÈME GUERRE MONDIALE
[...]
[p. 101]
___________sur BERGERON, Robert, voir Air Magazine des gens
d'affaires, volume 26, numéro 2, mai 2010 à la p. 3;
Robert Bergeron
Chroniqueur – Avocat en droit commercial
chez Cain Lamarre
Casgrain Wells, Robert Bergeron est pilote privé et Assistant du Juge Avocat
Général au sein de la Réserve aérienne.
robert.bergeron@clcw.qc.ca
----
Brian Bergman, source of photo:
ca.linkedin.com/in/brianbergman
BERGMAN, B. (Brian) and L. (Luke) Fisher, "A Night of
Terror: The Shocking Account of How Canadian Soldiers Tortured and
Killed a Somali", (28 March 1994) Maclean's 26-28 (volume 107, issue 13);
BERNARD, Hewitt, 1825-1893, deputy Judge
Advocate General in 1860!, see "Lt. Col. Hon.
Hewitt Bernard", Edmonton Journal, Friday 30 June 1967, at p. 63,
available at https://www.newspapers.com/image/, accessed 22 May
2020;
___________on BERNARD, Hewitt, see by Waite,
P. B.Professor emeritus of
history, Dalhousie University, Halifax, Nova Scotia
"Bernard, Hewitt", Dictionary of Canadian
Biography/Dictionnaire biographique du Canada (DCB/DBC),
vol. 12, (1891-1900), available at http://www.biographi.ca/en/bio/bernard_hewitt_12E.html,
accessed 23 May 2020;
BERNARD, HEWITT,
lawyer, militia officer, editor, and civil servant; b. 1825
in Spanish Town, Jamaica, eldest son of Thomas James Bernard
and Theodora
Foulkes; d. unmarried 24 Feb. 1893 in Montreal.
....
Young Hewitt was sent to school at Bath, England, and on
returning to Jamaica
in the 1840s he set up a law practice. After his father’s
death from cholera in 1850,
he became the head of the family. Concluding that he no
longer had a future in
Jamaica, in 1851 he left for Canada, to establish himself in
practice. A letter of
introduction brought him to James Patton, a lawyer in
Barrie, Upper Canada. ... In 1855 he joined the local volunteer
militia, the Barrie Rifle Company, eventually becoming a lieutenant-colonel.
That same year the provincial capital moved from Quebec to
Toronto, and by
1857 Attorney General John A. Macdonald
needed a capable private secretary.
Macdonald invited Bernard, then co-editor of the Upper
Canada Law Journal,
to accept the position, which would be attached to his
department. Bernard began
work in February 1858 and in March 1859 succeeded
Robert Alexander Harrison* as chief clerk, at which time
Bernard’s function as Macdonald’s
secretary probably ended. The
following year [1860] he became deputy judge advocate general, a post analogous
to deputy attorney general. By 1864
he was sufficiently
important that Macdonald had him act as secretary to the
conferences on
confederation held that year in Charlottetown and Quebec and
at the London
conference during the winter of 1866–67.
In February 1867 Bernard escorted his sister up the
aisle of St George Hanover
Square in London on her marriage to Macdonald. On
1 July Bernard became the
new dominion’s first deputy minister of justice. Macdonald,
the minister, left
him with virtually the entire management of Canada’s
penitentiaries (at Kingston,
St John, and Halifax) and with the establishment of new
ones at Saint-Vincent-de-Paul
(Laval), Que., and Lower Fort Garry, Man. [see
Samuel Lawrence Bedson]. In
1868 Bernard took the lead in arranging for witnesses and
evidence in the inquiry
into the assassination of Thomas D’Arcy McGee* and in the subsequent trial of
Patrick
James Whelan*.
....
[Excerpt].
------------
Le cas Derosby : le combat d'une
vie
Jean-Claude Bernheim, source:groupeditions.com/en-ligne/fr/auteurs-et-collaborateurs/bernheim-jean-claude-c90c91/
pour la dignité et la justice par
Jean-Claude Bernheim
Source de l'image:
https://lys-dor.com/recension-de-livres/le-cas-desroby/, consulté le
12 janvier 2018
BERNHEIM, Jean Claude, 1945-, Le cas Desroby: le combat d'une
vie pour la dignité et la justice, Montréal: Accent grave,
2014, 290 p., 23 cm, ISBN: 9782924151365;
Longtemps membre de la marine,
Robert Derosby a toujours fait preuve d'un
comportement exemplaire au sein des Forces armées
canadiennes,
dont les hauts gradés l'ont souvent couvert d'éloges.
Après des années de vie sur les
navires, il voulut passer à autre chose et demanda un
transfert sur la terre ferme. Compte tenu de ses
excellents états
de service, on lui confia alors la tâche de redresser
certaines situations difficiles à la base de
Bagotville. Malheureusement, il s'agissait là d'une
affectation qui le plaçait au cour de services de
l'armée qu'il ne connaissait pas bien. D'une
nature déterminée, Derosby se résolut néanmoins à
assumer les tâches qui lui étaient confiées. Il se
heurta d'abord à des préjugés à l'encontre de son
statut de marin. Sans le savoir, commençait alors
pour lui le combat de sa vie.
Il reçut d'abord l'assentiment
des plus hauts gradés pour sa détermination, sa
franchise, son honnêteté et son éthique, qui étaient
en tout point
conformes à celles dont les Forces armées canadiennes
font la promotion. Mais des subordonnés ainsi que
certains supérieurs immédiats se
mirent à le harceler et à le menacer parce qu'il a osé
divulguer des malversations. Ayant demandé de l'aide
suite à ce harcèlement psychologique,
on ne lui fournit aucun soutien adéquat et il fut
maintenu au même poste et sous les ordres de son
harceleur. Cette bataille culminera en une
perquisition
illégale. Devenu médicamenté, voire sur-médicamenté,
Derosby, à l'instar de sa conjointe, en développera un
syndrome de stress post-traumatique.
Ce livre raconte non seulement l'histoire de la vie de
cet homme moralement fort, sain et déterminé, pour qui
la justice et l'équité doivent être des priorités,
mais également sa bataille contre les systèmes
bureaucratiques que sont les Forces armées
canadiennes, le ministère des Anciens combattants,
ainsi que les
ministères de la Justice du Canada et du Québec.
Dans une approche criminologique, l'ouvrage montre
comment les Forces armées canadiennes, par leurs
actions inadéquates, de même que par leur
inaction à certains niveaux, se sont rendues coupables
d'un crime d'État. En refusant d'offrir une aide ainsi
qu'un soutien adéquat à Derosby, les gradés qui
étaient au courant de la situation ont brisé cet homme
ainsi que ses proches. Les autorités politiques ont
également été sourdes à ses multiples demandes.
Accessible tant au public qu'à ceux qui s'intéressent
au harcèlement psychologique et aux conséquences du
syndrome de stress post-traumatique, ce livre
apporte un éclairage incontournable sur un système qui
refuse de protéger autant les divulgateurs de
corruption ou d'irrégularités que les soldats atteints
de
stress post-traumatique suite à leur implication dans
des missions de paix ou de guerre.
En somme, cet ouvrage montre à quel point les lois
actuelles ne permettent pas de protéger de manière
appropriée et suffisante les employés de l'État qui
sont témoins d'irrégularités et qui exercent leur
droit et leur devoir de les dénoncer.
___________Biographical notes on Geneviève Bernatchez taken from
CCDCOE, NATO cooperative Cyber Defence Centre of Excellence, circa
2012, available at http://ccdcoe.org/cycon/469.html
(accessed on 3 June 2012);
Captain
(Navy) Geneviève Bernatchezenrolled in the Canadian Forces in 1987 and served
as a Maritime Surface Officer in a variety of operational
and staff positions until her transfer to the Office of the
Judge Advocate General in 1997. She is the Deputy Judge
Advocate General/ Operations. She
oversees the provision of legal advice and services to
the Department of National Defence and the Canadian forces
for all matters of operational and
international law related to domestic and
international operations. She has a Bachelor of Laws degree
from the Université de Montréal (1991) and has
been awarded a Masters Degree in International Law,
with a specialization in National Security Law, from
Georgetown University, Washington D.C.
(USA.) (2009, with Honours). She has been a member of
the Barreau du Québec since 1993.
image source: canadianlawyermag.com/legalfeeds/3900/first-female-judge-advocate-general-appointed-to-canadian-armed-forces.html
"Deputy Minister of National Defence John Forster;
Minister of National Defence Harjit Singh Sajjan; Judge Advocate
General Geneviève Bernatchez;
Major-General Blaise Cathcart, former judge advocate general; and
General Jonathan Vance, chief
of defence staff, stand together during the change of
appointment ceremony for the JAG." (Written
by Alexia
Kapralos)
Another photo of the ceremony on 27 June 2017; image reproduced from
https://twitter.com/ebanham (accessed 29 June 2017)
Another photo, reproduced from twitter.com/g_requinblanc (accessed
29
June 2017). On the left is B. Richard Bell, Chief Justice of
the Court
Martial Appeal Court.
Judge Advocate General of the
Canadian Armed Forces
A native of Gaspé (Québec), Commodore Bernatchez
enrolled in the Canadian Naval Reserve in 1987 at Her
Majesty’s Canadian Ship DONNACONA
(Montréal). She was awarded her Bridge Watchkeeping
Certificate as a Maritime Surface Officer at a time
when the Navy was introducing women to
combat arms. During her ten years with the Naval
Reserve, she proudly served in a variety of command,
training and staff positions.
In 1997, Commodore Bernatchez transferred to the
Regular Force and joined the Office of the Judge
Advocate General. Her career with the Office
reflects diverse appointments and responsibilities
involving the provision of legal advice and services
in the areas of operational, military justice
and administrative law. She has
also been the Special Assistant to two successive
Judge Advocate General and has worked with
the Department of Justice Canada as Deputy
Legal Advisor (Military) and Director of Legal
Advisory Services.
Commodore Bernatchez deployed with the Canadian
Forces Air Component during the Kosovo conflict in
1999, and was involved in the oversight,
coordination and provision of legal services to
Canadian Armed Forces expeditionary and domestic
operations from 2000 to 2005. Upon promotion
to the rank of Captain (Navy) in 2010, she was the
Deputy Judge Advocate General for Operations. As such,
she was the senior legal officer
responsible for the provision of operational and
international legal advice and services to the
Department of National Defence and the Canadian
Armed Forces during a period of exceptionally high
operational tempo that included contributing to
international peace and security through missions
in Afghanistan and Libya, defending North America in
conjunction with the United States, supporting major
national events such as the 2010 Olympic
Games in Vancouver as well as responding to natural
disasters in Canada and abroad. It is also during that
time that she co-authored the “Tallinn Manual
on the International Law Applicable to Cyber Warfare”,
the first published manual on the legal framework
supporting cyber conflicts.
From 2012 to 2014, Commodore Bernatchez was the Chief
of Staff to the Judge Advocate General and led the
delivery of corporate services and policy
development in a challenging time of change and
renewal. In the summer of 2014, she took on the
responsibilities of Deputy Judge Advocate General
for Regional Services where she oversaw the delivery
of legal advisory services across the full spectrum of
military law in support of the Canadian
Armed Forces’ chain of command in North America and
Europe.
Commodore Bernatchez holds a Masters of International
Legal Studies degree, with a specialization in
National Security Law, from Georgetown University
(Washington D.C.), a Bachelor of Laws from the
Université de Montréal and a Diplôme d’Études
Collégiales in Administration from the Collège
Jean-de-Brébeuf (Montréal). She has been a member of
the Barreau du Québec since 1993.
She is married to Jean, who has also chosen a career
dedicated to the service of Canada. Geneviève and her
husband are proud parents to Guillaume and
Charlotte. As Geneviève’s professional
responsibilities have increased over the years, so as
her appreciation for simple things like spending time
with her
family and friends and giving back to the community
through her volunteer work.
___________DND/CAF,
remarks of
the Judge Advocate General to NSICOP (National Security and
Intelligence Committee of Parliamentarians), June 19,
2018, referred to often in National Security and Intelligence
Committee of Parliamentarians, Special Report on
the Collection, Use, Retention and Dissemination of
Information on Canadians in the context of the Department of
National Defence and Canadian Armed Forces Defence
Intelligence Activities, Ottawa, 2020, xiii, 57 p.,
CP104-2/2020E, ISBN: 978-0-660-33057-0 (print); available
at https://www.nsicop-cpsnr.ca/reports/rp-2020-03-12-sr/special_report_20200312_public_en.pdf
(accessed 4 May 2020) and also available at http://publications.gc.ca/collections/collection_2020/scps-snsi/CP104-2-2020-eng.pdf
(accessed 2 August 2020); see example hereunder at paragraph 22,
p. 9)
Defence intelligence authorities
22. The
deployment of CAF
members and DND employees, which includes
the conduct
of defence intelligence
activities, is governed and constrained by Canadian and international law. In the context of the
Committee's 2018 review
of DND/CAF defence intelligence
activities, the Judge Advocate General explained:
• All
CAF operations are
authorized by law.
• All
CAF operations are conducted
in accordance with the
law.
• While
the sources of legal authority may
vary:
-all domestic operations must have a legal basis in Canadian law, and be conducted in accordance
with Canadian law; and
-all international operations must have both a legal basis under Canadian law and a legal basis under international law, and must be conducted in accordance with both Canadian law and with the
applicable international
law.32;
....
----------
32. DND/CAF, remarks of the Judge Advocate General to
NSICOP, June 19, 2018
----- Image
source for Captain(Navy) Geneviève Bernatchez: /www.google.com,
image source, 17 July 2015,
___________"International Women's Day", photo of Commodore
Geneviève Bernatchez, Ottawa, 8 March 2018;
"Commodore Geneviève Bernatchez (left);
Lieutenant-General PaulWynnyk; Chief Warrant
Officer Alain Guimond, and Major-General Paul Bury
attend the International Women's Day
event at the National Defence Headquarters, in Ottawa,
ON on March 8, 2018. Photo: CFSU(O)
IMAGING SERVICES/ Master Corporal Daniel Merrell@2018
DND-MDN, Canada."
June 20, 2017 – Ottawa – National Defence / Canadian
Armed Forces
The military justice system is an important part of
ensuring that our women and men in uniform receive fair
and equal treatment while serving our country.
Today Defence Minister Harjit S. Sajjan is pleased to
announce the appointment of Captain (Navy) Geneviève
Bernatchez as the fifteenth Judge Advocate General (JAG) of
the Canadian Armed Forces (CAF) and the first
woman to hold this position. Captain (Navy) Bernatchez
will be promoted to the rank of Commodore and succeed
Major-General Blaise Cathcart who will retire later this
year. A formal change of appointment ceremony will take
place on June 27, 2017 in Ottawa.
......
Quick Facts
Captain (Navy) Bernatchez is the first woman to be
appointed as Judge Advocate General.
Captain (Navy) Bernatchez enrolled in the Canadian
Naval Reserve in 1987 and transferred to Regular Force
in 1997 where she joined the Office of the JAG.
She was promoted to the rank of Captain (Navy) in
2010, serving as Deputy Judge Advocate General for
Operations.
Captain (Navy) Bernatchez served subsequently as the
Chief of Staff to the Judge Advocate General and most
recently held the position of Deputy Judge Advocate
General/Regional Services.
She has deployed in support of CF operations during
the Kosovo conflict and, as the Deputy Judge Advocate
General/Operations, was the senior legal officer
responsible for the provision of operational and
international legal advice to the Department of
National Defence/Canadian Armed Forces for all
missions including Afghanistan and Libya.
She is a co-author of the Tallinn Manual on the
International Law Applicable to Cyber Warfare (the
“Tallinn Manual”, Cambridge University Press, 2013),
the first published manual on the legal framework
supporting cyber conflict.
Comment partir l’année du bon pied? Plusieurs
juristes nous confient leurs bonnes résolutions.
[...]
Passion
Juge-avocat général pour les Forces armées canadiennes, la
commodore Geneviève Bernatchez
recommande à tous et à toutes de « conserver la passion ».
« Il ne faut jamais arrêter de vouloir apprendre et d’en
connaître plus. Je pense qu’à partir du
moment où on arrête d’être curieux et de poursuivre ses
ambitions, on meurt petit à petit. Il faut
aller au bout de ce qu’on souhaite accomplir ».
___________Photo of Commodore Geneviève Bernatchez honoured at
the Université de Montréal, May 2018; available at
https://twitter.com/JAGCAF/status/999737791037755392 (accessed 25
May 2018);
Photographer: MCpl Vincent Carbonneau, Rideau HallReference: GG02-2017-0296-015
___________photo of Commodore
Geneviève Bernatchez, speaking at "Canadian Forces Morale and Welfare Services Executive
Women’s Breakfast at Rideau Hall on August 18, 2017" and
hosted by Her Excellency Sharon
Johnston, see https://www.gg.ca/gallery.aspx?id=11700 and https://www.gg.ca/gallery.aspx?id=11700
(accessed 29 August 2017);
Commodore Geneviève
Bernatchez, the first woman Judge Advocate General,
discussed the mental health challenges
and everyday stressors she faced while climbing the ranks
in the legal system and working on sexual misconduct
cases.
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
___________photo of Commodore
Geneviève Bernatchez with others, source: https://twitter.com/jagfac,
accessed 1 June 2018
Cmdre Geneviève Bernatchez (Judge Advocate
General, Department of National Defence):
I understand that you have been
provided a copy of my biography, so my intention is
to briefly identify the role and function of the
Judge Advocate General and my vision for the office
and the work we do.
I am appointed as the Judge
Advocate General to perform two distinct roles as
set out in the National Defence Act. First, I have
the responsibility of superintending the
administration of military justice in the Canadian
Armed Forces. Second, I act as legal adviser to the
Governor General, the Minister
of National Defence, the department, and the
Canadian Armed Forces in matters relating to miliary
law.
Canadian military law
includes military justice, as well as the law
pertaining to the governance, administration, and
activities of the Canadian Armed Forces. Together,
as a team, members of the Office of the Judge
Advocate General act with purpose. We enable the
provision of client-focused, timely,
options-oriented, and operationally driven legal
advice and services in support of the Government of
Canada and defence priorities and objectives.
[Translation]
To that end, we work in close collaboration with our
colleagues in other departments, including our
colleagues in the Department of Justice, as well as
the legal services of the Privy Council Office and
Global Affairs Canada.
Under my command, the
office will continue to play a key role in helping
decision-makers understand and place into context
the legal aspects of their activities.
[English]
The Office
of the Judge Advocate General is made up of of 200
regular force and 48 reserve force legal officers,
seven senior non-commissioned officers, and 91
civilian support personnel serving across Canada
and abroad. The Office of the JAG is composed of
the directorate of military prosecutions, the
directorate of defence counsel services, as well
as the following five divisions: military justice,
administrative law, operational law, regional
services, and the chief of staff.
....
In 2010, 29% of
our lawyers were women. Today, 35% are. It is
important to highlight that half of our new legal
officers are women. As you may be aware, about
half of the lawyers who now enter the legal
profession in Canada are women. This demonstrates
that our current numbers are reflective of the
broader Canadian legal profession.
....
The areas
of law for which the Judge Advocate General is
responsible include military justice, military
administrative law, and operational and
international law.
....
Military administrative law also forms part of
the legal backbone of the Canadian Armed Forces.
My administrative law division provides
strategic legal support to the Canadian Armed
Forces and the Department of National Defence on
a wide range of matters dealing with all aspects
of a military member's career, from recruitment
to release and transition to civilian life. As
the overarching priorities of Canada's new
defence policy relate to the care and support of
Canadian Armed Forces members, my administrative
law division plays an important role in
supporting the chief of military personnel in
the implementation of the policy's objectives.
The administrative law division is also
continuously involved in providing legal advice
and services in support of a range of strategic
priorities, including the implementation of
Operation Honour.
Last but not least, my operational and
international law division provides legal
support to the Canadian Armed Forces and the
department in relation to the conduct of
domestic and international operations. The
practice of operational law is something
that truly makes the practice of military
law different from that of our civilian
colleagues, particularly in the deployed
context.
There are currently 19
overseas missions supported by deployed
legal officers or with personnel from my
operational and international law division.
Further, over the last several months, our
legal officers have advised on domestic
operations such as the Canadian Armed Forces
deployments to assist Canadian civilian
authorities in their emergency responses to
ice storms in New Brunswick, to floods in
Quebec and Ontario, and to wildfires in
British Columbia.
.... As we know, Bill C-15
represented significant modernization
of the military justice system and had
several clauses and several aspects to it
that need to be implemented once the bill
received royal assent in 2013. The bill
incorporated recommendations that had been
made by the Right Honourable Antonio Lamer
in his 2003 report, as well as
recommendations that had been made by the
Senate committee in 2009.
It presented a
gargantuan task for lawyers to be able to
draft the regulations that would put Bill
C-15
into force, and our team at the Office of
the Judge Advocate General worked
relentlessly over the course of the last
several years to try to not only draft the
regulations that needed to be put in place
as a first order of business but also to
look at the second, third, and fourth
degrees of effect of having legislation
that was modifying other aspects of the
regulatory scheme of the Queen's
Regulations and Orders.
I'm very
pleased to tell the committee today that
this gargantuan task, this adventure, is
coming to fruition. We're looking at the
finalization of this process. We remain
extremely committed to seeing it come into
force in the next little while.
.... My predecessor
mandated a court martial comprehensive
review. It pertained to the court martial
system, and extensive consultation
occurred. The team that carried out the
review also did a fantastic job at
comparative analysis.
When I took on
the position of Judge Advocate General, I
had an opportunity to look at the draft
report with my military justice division.
There were some aspects of it that I
wanted to have clarified, because I was
brand new at the job and needed a little
bit of time to better understand certain
aspects. The team was mandated to provide
to me on July 21 a draft interim report
for me to review.
We are
currently in the process of reviewing this
report, which I think will not only form
the basis of a great opportunity to engage
in a dialogue with parliamentarians, the
Canadian public, and members of the
Canadian Armed Forces as to what the
Canadian military justice system is and
where it should go, but will also enable
me to formulate policy and legal analysis
recommendations to the Minister of
National Defence and the chief of the
defence staff toward the modernization of
this piece of the military justice system.
.....
I would very much
like to be able to put as much of it as
possible on my website soon. There are
certain aspects of the report, though,
that I think will be classified under
solicitor-client privilege because they
contain either legal advice or policy
analysis for recommendations to the
minister.....
My
default position will be to
communicate as much as possible to the
public, to engage them in that
dialogue, and to ensure that we get
the feedback we require in order to
advance in it while protecting the
pieces of it that I need to protect
because of professional obligations.
___________Testimony before the Senate Standing
Committee on National Security and Defence, on Bill C-77,
An Act to amend the National Defence Act and to
make related and consequential amendments to other Acts,
27 May 2019, available at https://senvucloud.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2/20190527/-1/9143
(accessed 29 May 2019);
Henri Bernatchez
BERNATCHEZ, Henri, officier, membre du JAG; voir quelques notes
biograpiques à https://ca.linkedin.com/in/hbernatchez
(vérifié le 19 mai 2017);
"Maj Bernatchez, left, and Melanie Thornhill provide legal
services to DND through the Cold Lake DJA office. Photo: Jeff
Gaye"
___________on BERNATCHEZ, Henri, see GAYE, Jeff, "DJA advises
commanders on military law", The Courier--News and Publishing
4 Wing Cold Lake, AB, 3 April 2018; available at http://couriernews.ca/2018/04/03/dja-advises-commanders-on-military-law/
(accessed 5 April 2018);
BERNIER, Yves, 1916-2013, Lieutenant-Colonel, de Québec,
Juge-avocat à une cour martiale, voir "Cour martiale pour une
fraude de $10,000.00", Progrès du Saguenay, mardi 7
septembre 1954 à la p. 6, disponible à http://collections.banq.qc.ca/ark:/52327/2619492
(accessed 20 August 2018);
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
___________était le juge-avocat dans la cour martiale du
lance-caporal J.-C.E. Desjardins accusé de fraude, voir "Verdict
attendu cet après-midi", Le soleil, Québec, mardi, 26
octobre 1954 à la p. 13; l'avocat de la défense était Me Beaudry;
disponible à http://collections.banq.qc.ca/ark:/52327/3190270
(vérifié le 15 mars 2019);
Yves Bernier a aussi entendu une autre cause célèbre,
celle de Denis Lortie, en 1990.
L'ex-militaire réclamait que ses plaidoyers de culpabilité
soient relevés. Sa demande a été rejetée.
[...]
Admis au Barreau du Québec en 1940, Yves Bernier s'est
enrôlé dans l'armée cette même année.
À la fin de la guerre, il a exercé dans différents
cabinets. ll a été nommé juge à la Cour supérieure
en 1961 puis à la Cour d'appel du Québec en 1973. Il y est
demeuré jusqu'à sa retraite, en 1991.
Il a aussi siégé à la Cour d'amirauté et au Tribunal
d'appel de la cour martiale du Canada.
BERNTSEN, Denis, Lieutenant-Colonel, member of the OJAG,
acted for the Defence Counsel Services in Edmunds N.S.
(Master Corporal), R. v., 2017 CM 3011 (CanLII), <http://canlii.ca/t/hnsdg>
(accessed 9 May 2018);
BERRY, George, served with the Judge Advocate General branch, see
"George E. Berry World War I Veteran Dies", The Ottawa Journal,
Saturday 4 May 1957, at p. 11, available at
https://www.newspapers.com/...., accessed on 11 June 2020;
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
___________"Canadian military creates special team to investigate
sex crimes. A team of investigators to handle sexual crimes have
been given specialized training to better investigate crimes and
support victims, officials said. They will be deployed to six
locations across Canada",The Canadian Press, published in
.thestar.com, 27 September 2016, available at https://www.thestar.com/news/canada/2016/09/27/canadian-military-creates-special-team-to-investigate-sex-crimes.html
(accessed on 28 September 2016);
OTTAWA — The mothers of three Royal Military
College students who died two years ago say they are angry
and frustrated that the
Department of National Defence has not released the results
of an internal inquiry into their sons' deaths.
Formal hearings ended in early 2017, and the families of
22-year-old Harrison Kelertas, 20-year-old Brett Cameron
and 19-year-old
Matthew Sullivan were told a final report would be
released soon after.
More than a year later, however, they are still waiting.
The investigation was extremely complex, involving 90
witnesses and 30,000 pages of documents, and the results
are currently
undergoing a legal review, with the hope they will be
released later this summer, said Lt.-Gen. Charles
Lamarre, the chief of
military personnel.
___________"Military court ruling to stand
pending Supreme Court hearing in case of Edmonton-based soldier",
Global News, 14 January 2019, available at (accessed 15
January 2019); re Beaudry decision by the Supreme Court of Canada
on 14 January 2019;
La poursuite a été intentée en 2014 après que le
gouvernement fédéral eut réduit l'aide financière de
milliers
d'anciens combattants à faible revenu, puisqu'ils
recevaient également des pensions d'invalidité pour des
blessures subies en service.
Les vétérans ont allégué que les déductions, qui ont eu
lieu entre avril 2006 et mai 2012, ont violé
leurs
droits en vertu de la Charte en les discriminant parce
qu'ils sont handicapés.
Une audience de la Cour fédérale est prévue en décembre,
et le gouvernement et les avocats représentant
les anciens combattants sont censés demander l'approbation
du règlement.
Il s'agit d'une nouvelle victoire pour les anciens
combattants et le personnel militaire, plusieurs actions
collectives antérieures ayant été résolues de la même
manière, notamment un accord de 887 millions en
2013 pour le recouvrement de prestations de retraite.
Formal hearings wrapped up early last year, but
while families were told a final report
would be released within a few months, officials say
military lawyers are still reviewing the findings.
Sylvain Berthiaume
BERTHIAUME, Sylvain, see https://ca.linkedin.com/in/sylvain-berthiaume-a9223534
(accessed 29 March 2020); Mr. Berthiaume is a "legal
investigator" at the Military Complaints Commission; monsieur
Berthiaume a étudié le droit à l'Université de Montréal;
Image
source: ca.linkedin.com/in/jennifer-besner-578038a6, accessed 14
June 2018
Jennifer Besner
BESNER, J.N. (Jennifer), avocate, membre du bureau du JAG
depuis février 2018, membre du Barreau du Québec depuis
2010; part of the prosecution team in R. v., 2018 CM 4014
(CanLII), <https://www.canlii.org/en/ca/cm/doc/2018/2018cm4014/2018cm4014.html>; represented the Director of
Military Prosecutions as co-counsel in R. v., 2018 CM 4014 (CanLII),
<http://canlii.ca/t/htl5v>;
___________Photo of
Lieutenant (N) Jennifer Besner with other members of the OJAG:
Canadian Military
Prosecution Service@CMPSCAFJun
13[2019]
Military Prosecutors, Capt Baby-Cormier, Capt Thiessen,
Lt(N) Benoit-Gagné and Lt(N) Besner recently
celebrated the successful completion of the final exercise
marking
the end of their month-long Legal Officer Qualification
Course.
BESSNER, Ronda and Susan Lightstone, authors and eds in
chief, Public Inquiries in Canada: Law and Practice,
Thomson, 2017, approx 500 pages, ISBN: 978-0-7798-8072-0;
see "Lessons Learned from the Somalia
Inquiry" at pp. 29-31
[from the Table of Contents at source:
http://products.thomsonreuters.ca/ProductDocs/TableofContents/toc-978-0-7798-8072-0.pdf]
and from the index:
Somalia Inquiry
bias, 127
constitutional issues, 95
cross-examination, right to, 124
judicial review on issue of disclosure, 122
lessons learned from 29-32
mandate, 124
termination of inquiry by government, 13-14
BESWETHERICK, Bill, "CF Grievance Process: Change, But Not
Necessarily Improvement", (shipped in October 2000), vol. 8, issue
3, Esprit de Corps, pp. 11-12;
___________"Forces grievance process 'slow, biased'", Kingston
Whig Standard, Kingston, 5 December 2003 at p. 8;
___________"Military justice lacks consistency", Esprit de
Corps, Canadian Military Then & Now,
Dec 2001, Vol.9(2), pp.4-5
BEULLAC, Roger-A., né à Montral, 1908- mort le 30 novembre 1983,
avocat, travaille au départment du JAG, voir "Sous les drapeaux :
Pierre [sic] Beullac", L'action universitaire, vol.
8, numéro 9, mai 1942, à la p. 31; disponible à :
l'action_universitaire_1942_mai_vol8_no9.pdf (consulté le
10 mars 2019); note de F. Lareau: on devrait lire "Roger -A.
Beullac" au lieu de "Pierre Beullac"
Pierre [sic] Beullac, diplômé de la Faculté de
droit "1932"
s'est enrôlé dans le service actif le 4 septembre 1939
dans le régiment des Fusiliers Mont-Royal, où il a le
grade de lieutenant. Passé en Angleterre depuis le 21
mai 1940, il occupe actuellement un poste au département
du "Judge Advocate General, Canadian Military
H.Q."
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__________sur Roger-A. Beullac, voir "Avocats dans l'armée", Le
soleil, mercredi, 1er mai 1940 à la p. 23, disponible au
permalien http://collections.banq.qc.ca/ark:/52327/3300571
, site consulté le 15 juin 2020;
BEWIS, John, Captain, "the senior legal officer of the Canadian armed forces in Europe", circa
1966, see Madsen, Chris, "Victims of Circumstance: The
Execution of German Deserters by Surrendered German Troops under
Canadian Control in Amsterdam, May 1945", (1993)
2(1) Canadian Military
History 93-113; at p. 113, note 95, available at https://scholars.wlu.ca/cgi/viewcontent.cgi?referer=https://www.google.ca/&httpsredir=1&article=1121&context=cmh
(accessed 27 February 2019); research note by F. Lareau: the
name is not BEWIS but Dewis, John
Pineo (Jack);
BICKELL, F.R. (Frederick R.), Deputy Judge Advocate, "Report on
Canadian Military Law", (1960) 1 Recueils de la Société internationale de Droit pénal
militaire et de Droit de la guerre 85; notes: F.R.
Bickell, at the time, was a major, Deputy Judge Advocate; see
first page at http://heinonline.org/HOL/LandingPage?handle=hein.journals/reindrom1&div=8&id=&page=
(accessed 4 March 2018);
___________on Bickell, see "Brussels Meet Draws Canadians", Edmonton
Journal, Tuesday, 12 May 1959, p. 41, at
https://www.newspapers.com/image/...., accessed 14 June 2020;
___________ on Bickell, see also McDONALD, R. Arthur, (Ronald
Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office
of the Judge Advocate General, c2002, at p. 81, available at i-xii and 1-102;
___________on Bickell, Frederick R., see photo with comments in
"To Northern Affairs--Major F.R. Bickell", The Ottawa Citizen,
30 June 1960, at p. 21, available at
https://www.newspapers.com/image/...., accessed 14 June 2020;
Pressing (and holding) the Ctrl
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___________sur BICKELL, Frederick R., major from Winnipeg and
part of the 2nd Brigade in Soest, Federal Republic of Germany in
1957, see Ken Metheral, Presse Canadienne, "Faits citoyens
canadiens en Allemagne", Progrès du Saguenay, samedi
9 novembre 1957 à la p. 3, disponible à http://collections.banq.qc.ca/ark:/52327/2620654
(consulté le 15 mars 2019);
[titre de l'article omis de l'image]
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Image source: https://ca.linkedin.com/in/ashleybickerton, accessed
7 September 2015
Ashley Jennifer Bickerton
BICKERTON, Ashley Jennifer, ‘Good Soldiers’, ‘Bad Apples’ and
the ‘Boys’ Club’: Media Representations of Military Sex Scandals
and Militarized Masculinities, Thesis submitted to the
Faculty of Graduate and Postdoctoral Studies in partial
fulfillment of the requirements for a doctoral degree in Women’s
Studies, Institute of Feminist and Gender Studies Faculty of
Social Sciences University of Ottawa, 2015, v, 564 leaves;
available at http://www.ruor.uottawa.ca/bitstream/10393/32435/1/Bickerton_Ashley_2015_thesis.pdf
(accessed 7 September 2015);
BIGELOW, S.T. (S. Tupper), magistrate and legal officer during
WWI, see "Defend Wearing Ribbons With Civic Garb", Star-Phoenix,
Regina, Saturday, 11 May 1946 at p. 18, available at
https://www.newspapers.com/...., accessed 25 June 2020;
___________on BIGELOW, S. Tupper, see "Commissioner former
Reginan. Knows Racing", The Leader-Post, Regina,
Saturday, 25 March 1950 at p. 19, available at
https://www.newspapers.com/image/...., accessed 26 June 2020;
05/06/1943 CMG Chairman Cdn Section Joint Board Defense
Commander Legion of Merit USA
1913 KC King’s Council (Alberta)
1920 KC King’s Council (Canada)
Civilian
1901 Lawyer Graduate Osgoode Hall & University of
Toronto
1903 Lawyer Edmonton, Alberta (called to Alberta Bar)
1911 Board of Governors University of Alberta
1914 End Board of Governors End Term on Board of
Governors U. of Alberta
1919 Chief Cdn Legal Advisor Peace Conference in Paris
& Versailles
1919 British Secretary War Guilt Commission
1920 Vice Chairman Air Board- Organized Canada’s Air
Department
1920 Chief Electoral Officer House of Commons; 1st Chief
Electoral Officer
1927 Chief Electoral Officer End term
1940 Co-Chair Canada- US Defence Board
1942 Head Canadian Censorship Board
1942 Member Wartime Information Board
1945 Retired Turned over his duties to General
McNaughton
Military
1903 Lieutenant Edmonton Fusiliers
1915 Major Member Military Service Council
1917 Major AJAG for MD #13 Alberta
01/1918 Lieutenant-Colonel Judge Advocate General (JAG)
1920 Lieutenant-Colonel Retire
After practising law in Edmonton for twelve years, he
joined the
Canadian Army in 1915 and became the Judge Advocate
General for
Canada in 1918. He was a member of the Canadian
delegation to the
Versailles Peace Conference in 1918-19. In derogation to
standard
practice, Colonel Biggar, then Parliamentary Counsel of
the House of
Commons, was designated in the Elections Act as the
first holder of
the office, a feature that suggests that his appointment
may have
been part and parcel of an all-party package. His salary
was made
equal to that of a judge of the Supreme Court of Canada,
a position
that at that time commanded a salary of $12,000.
Ironically, Biggar quit in
1927 after having supervised three general elections,
because he expected to
make even more money by moving to the lucrative practice
of patent law. To this
day, he remains the only Chief Electoral Officer having
a legal background.
___________"The Law Relating to the Air,” (1921) 41(11) Canadian
Law Times 674;
___________Let's Face the Facts No. 14 Address to the
Men and Women of Canada by Colonel Oliver Mowatt Biggar,
Chairman, Canadian Sction of the Permanent Joint Board of
Defence of Canada and the United States over a national
network of the Canadian Broadcasting Corporation, Sunday
night, Oct. 20, 1940, at the invitation of the Director
of Public Information for Canada; available at http://wartimecanada.ca/sites/default/files/documents/OMBiggar.Address.1940.pdf
(accessed 25 May 2019);
During the war the CBC became a
vital tool of the war effort, presenting a variety of
wartime
programming aimed at informing and motivating the Canadian
public. The "Let's Face the
Facts" series presented such speeches by a variety of
notable Canadians commenting on
different aspects of the war effort. This particular
speech was given by Colonel Oliver Mowat
Biggar, the Chairman of the Canadian Section of the
Permanent Joint Board of Defence of
Canada and the United States.
served as counsel for the
Senate Committee on the
Railway Siuation in 1938 and 1939
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___________on Biggar, Colonel Oliver Mowatt, see also McDONALD, R.
Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at pp. 26,
28-31 and 34 available at i-xii and 1-102;
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___________on Biggar, Oliver Mowatt, and his nomination to the
Militia Council, see order-in-council 1918-1570, date
approved: 1918-06-22, Title: "Appoint. [Appointment] Lieut. Col.
[Lieutenant Colonel] O. M. Biggar Judge Advocate General as a
member of the Militia Council - M. M. and D. [Minister of Militia
and Defence] 1918-06-20", see http://www.bac-lac.gc.ca/eng/discover/politics-government/orders-council/Pages/item.aspx?IdNumber=324760
(accessed 6 February 2019);
___________on Biggar, Oliver Mowatt, see order-in-council
1918-0495, date approved: 1918-02-28, Title: "Militia and Defence
Department - Legal Branch to be constituted - Lieutenant Colonel
O. M. Biggar to be Judge Advocate General - Authority for
appointment of Deputy Judge Advocate General and assistants etc -
M. M. and D. [Minister of Militia and Defence]", see http://www.bac-lac.gc.ca/eng/discover/politics-government/orders-council/Pages/item.aspx?IdNumber=323683
(accessed 6 February 2019);
Source:
archeion.ca/uploads/r/law-society-of-upper-canada-archives/8/7/87002/2009029-01P.jpg,
accessed 9 October 2017
Stanley Biggs, first row, second from the left
STANLEY C. BIGGS QC, LSM,
JD, LL.B 1913 - 2008 The family of Stanley Champion
Biggs mourns his passing on June 8th, 2008, after a
short illness. Stan was
born in Toronto in 1913 and was called to the Bar in
1939, then immediately enlisted in the army. As a
2nd lieutenant, later promoted to captain with the
Queen's
Own Rifles of Canada, he fought on the beaches of
Normandy on D-Day 1944 and saw 86 days of front-line
action until wounded in the leg. During
convalescence,
he continued on in England as a military lawyer for
the Judge Advocate's General Branch and later was
attached to British counsel during the famous Lord
Haw-Haw
treason trials. After the war, he successfully
developed his law practice back in Toronto following
the footsteps of his father and grandfather. For
over 50 years, he
continued practising the law he loved. In 1995, Stan
received the Law Society Medal for distinguished
service from the Law Society of Upper Canada.
Meanwhile,
he was also busy with his growing family as well as
becoming involved in his community: in professional
associations; as a school trustee; and as honorary
solicitor
for several prominent charitable organizations. He
was a keen golfer and squash player. Stan also was
an early environmentalist, starting in the late
1940s to re-forest
land northwest of Toronto, eventually planting over
150,000 trees. .... At age 94, Stan
completed his memoirs in a book called As Luck Would
Have It
in War and Peace, with Trafford Publishing. It recalls
many of his challenges, accomplishments and
reflections during his long life. ...
Chapter 3 describes his next
involvement as a military lawyer while convalescing in
England.
He outlines courts martial including his obtaining
conviction of the twelve ring leaders in the
Headley Down riots. Biggs also details his attachment to
British Counsel during the 'Lord Haw Haw'
treason trials of the infamous William
Joyce. By December, 1945, Biggs was back in
Toronto.
BILODEAU, Lieutenant (Navy) J.J.F., legal
officer, appears as counsel for the prosecutor in the case: Goudreault M. (Corporal), R. v.,
2006 CM 10 (CanLII), <http://canlii.ca/t/282lr>
(accessed 13 November 2018);
Served in the
Royal Canadian Navy (Reserve) 1981-2004. Assistant Judge
Advocate
General, 34th Brigade, Canadian Army, 2004-2007.
----------------- image
source: commonlaw.uottawa.ca/en/people/bindman-stephen,
accessed 18 August 2017
Ross Hainsworth,
image
Stephen Bindman
source: facebook.com/ross.hainsworth1
BINDMAN, Stephen, "[ For the first time, a Canadian military...
]", CanWest News, Jun 2, 1991,
p.1; following his conviction, Hainsworth appealed and a new
trial was ordered. He had a second court martial.
[Research note: on Mr. Hainsworth, see also: Canada (Attorney General) v. Hainsworth,
2004 CanLII 15063 (ON SC), <http://canlii.ca/t/1hd1l>;
Hainsworth, Re, 1995 CanLII 1768 (ON LST), <http://canlii.ca/t/1gp6t>;
Hainsworth v. Canada, [2003]
O.J. No. 6162,
at paras. 32-34 (S.C.J.).; Hainsworth v. Canada,
[2003]
O.J. No. 6163, at paras. 32-34 (S.C.J.);
R. v. Graveline, 1994
CanLII 10724 (CMAC), <http://canlii.ca/t/ggprg>;
referred to in G-Civil Inc. v. Canada (Public Works and
Government
Services Canada), 2006 CanLII 42655 (ON SC), <http://canlii.ca/t/1q6p8>;
Hainsworth v. Attorney General of Canada,
2011 ONSC 2642 (CanLII), <http://canlii.ca/t/flm2z>]
___________"Judge levels fresh broadside at military's system of
justice", Toronto Star, May 31, 1991, p. A14;
Description: [Francis Muldoon], a former
head of the Manitoba and federal law reform
commissions, last year ruled the procedures "invented"
by the military for
appeals violate
principles of fundamental justice guaranteed by the
Charter of Rights and Freedoms.
____________"[ Justice Minister Anne McLellan has rejected out...
]", CanWest News, May 25, 1998, p.1;
Description: [Anne McLellan] admitted
Monday she is uncomfortable debating Justice Gilles Letourneau, who has since
returned to the Federal Court of Appeal, and some
legal experts have questioned the propriety of a sitting
judge getting
involved in a continuing political controversy. Outside
the Commons, an angry McLellan rejected Letourneaus
allegations.
Any appeal would be heard by Letourneaus own court and
the federal government is the most frequent party to
appear
before the Federal Court of Appeal. Furthermore,
Letourneaus letter refers to numerous factual and legal
errors in the ruling
of Justice Barbara Reed throwing out the inquirys
conclusions against Lt.-Col. Paul Morneault.
Born May 17, 1932, died peacefully at home on November
16, 2009. Predeceased by his father Jacob (1964), wife
Margaret
(nee McMunagle) 2002 and his mother, Hazel, October 17,
2009. He is survived by his daughters, Anne (Jason)
Jones, Sara
(Hazen) Bezanson and son David (Jo-lee Bertrand),
grandchildren Payne & Finlay Jones, Margaret-Anne
Bezanson, Owen &
Evangeline Bisal; his sister in law Anne McMunagle,
nephew John (Anne Clarke) McMunagle; step uncle Grant
(Judie)
Ireland; his step brothers and sisters, Lawrence (Linda)
Sapieha, Elaine (Jerry) Stadnyk, Ken (Donna) Sapieha and
Ron
(Vonnie) Sapieha, as well as various cousins and
extended family in Saskatchewan. Marvin was born near
Rush Lake, Sask.
His parents were forced to leave the family farm during
the Depression and so he spent most of his youth in
Saskatoon. He
joined the Naval Reserve (UNDT) in 1951 while at the
University of Saskatchewan. Upon graduating from Law
School he
articled in Vancouver and was called to the Bar in 1957.
Instead of going into private practice he decided to go
to sea. His early career was spent aboard various ships
including the
HMCS Cedarwood, HMCS Sioux and HMCS Terra Nova. During
this time he met Margaret in Victoria and they would
later marry in Halifax in 1962. He joined the JudgeAdvocateGenerals Branch and
during his career was posted to
various bases in Canada, France, Germany and East
Africa.
He retired as a Commander from the Navy in Victoria, in
1982. After retirement , he joined the Veterans Affair's
Department
as a Pension's Advocate. He enjoyed this job
immensely, particularly helping Veterans and their
families. Special thanks
to Dr. Maskey and to Flaminio Blanco for their support,
care and understanding during this difficult time.
A Memorial Service will be held at McCall Bros, Johnson
and Vancouver on Thursday, November 26, 2009 at 1 pm.
In lieu of flowers donations can be made to the
Salvation Army or a charity of your choice.
Condolences for the family may be offered at
www.mccallbros.com.
___________a case prosecuted by LCol M.A. Bisal in 1975: "Tried to
delay plane's return to U.K. Threw gravel into RAF jet, soldier
jailed year", The Globe and Mail, 1 August 1975, at p. 4;
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Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview/1239736652/D2C2FE7DD3D4FC7PQ/10?accountid=46526,
accessed 11 September 2018
[Research note by Francois Lareau: I assisted LCol Bisal
in that case]
BISHOP, Elaine, Original version written by, Revised by Esther
Epp-Tiessen, MCCC, 2006, "A Short History of Conscientious
Objection in Canada", available at http://archive.li/sLiyQ#selection-411.0-411.52
(accessed 8 April 2018);
The deployment of Canadian Forces overseas to take part
in operations in Syria, Iraq, Libya, Ukraine and
Yugoslavia have
been and are illegal under Article 31 of the National
Defence Act yet not one of the major parties has ever
raised this issue
in parliament nor have any of the media addressed it any
of their coverage of these multiple operations. One has to
wonder
why it is that the rest of us are required to obey to the
laws of Canada but the federal government leadership
itself and the
Armed Forces are not.
Mark Norman is a distinguished and courageous
officer and the attempt to starve him out of the means of a
full defence is scandalous.
... The incompetence of some prosecutors coupled to the envy
of some high defence officials and federal bureaucrats can
be a lethal
combination, but to the accusers.
BLACK, H.A., Commander, "officiating deputy judge advocate", see
"Give Verdict Of Negligence", The Evening Citizen, Ottawa,
Friday, 10 December 1948 at p. 21; retrieved from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2338090034?accountid=46526,
accessed 1 May 2020;
Pressing (and holding) the Ctrl
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viewed
BLACK-BRANCH, Jonathan, dean of the Faculty of Law, University of
Manitoba, expert on the subject of Nuclear Non-Proliferation in
International Law, see his web site and publications at http://law.robsonhall.com/faculty-staff/jonathan-black-branch/
(accessed 3 October 2018);
Source of image: http://www.starnews.ca/news/image_2cb1cf0a-cd33-11e1-8a68-0019bb30f31a.html,
accessed 27 September 2016
LCol Michael Blackburn, center, 22 June 2012
BLACKBURN, M.O. (Michael), "Perfect Storm Rising : Québec
Separation and the Threat of Civil Conflict in Canada", Canadian
Forces College, JCSP 33, Master of Defence Studies, 23 April 2007,
available at http://www.cfc.forces.gc.ca/259/290/293/286/blackburn.pdf
(accessed on 12 April 2014);
Image
source: http://www.telegraph.co.uk, accessed 22 January 2016
His Honour Jeff Blackett, UK JAG
BLACKETT, Jeff, His Honour, Judge Advocate General of Her
Majesty's Armed Forces (UK), "The Role and Function of the UK
Judge Advocate General and the barriers that were overcome in
civilianizing parts of the Service Justice System" in Michel
Drapeau Law Office, ed., Winds of
Change: Conference and Debate on Canadian
Military Law, [Ottawa:] Michel
Drapeau Law Office, 2016, 102 p., at pp.
57-63, 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)"; Speech
transcribed by Joshua M. Juneau, p. 31;
available at mdlo.ca/wp-content/uploads/2016/01/2015-Conference-Proceedings.pdf
(accessed 20 January
2016);
BLAIN, J.
W. (John W. or "Jack"), Major, military lawyer with No. 1 Cdn War
Crimes Investigation Unit; died in November 1995 at the age of 75:
- Record of Proceedings of the Trial By Canadian
Military Court of Johann Neitz held at Aurich, Germany, 15-20
March 1946; note: the prosecutor
was Squadron Leader Pat Durdin and was
assisted by Major J. W. (John W. or "Jack") Blain;
defence counsel Squadron Leader Victor B. Collins; the
Judge-Advocate was Wing Commander A.A. Cattanach;
available at: https://search.archives.un.org/unwcc-canadian-trials-trial-of-johan-neitz-transcripts-and-proceedings
(accessed 24 October 2018);
- article (necrology) by Van Rijn, Nicholaas, " 'Jack'
Blain, 75 veteran of law - and of war", Toronto Star, 19 Nov 1995: A.16:
J.W. ``Jack'' Blain was a foot soldier in the Canadian
Establishment.
Associated as a student and corporate lawyer for nearly 60 years with
one of Toronto's top law firms,
Mr. Blain ``was a
warm and gentle man who relished the practice of law,''
his wife Sadie said.
A veteran of World War II and a war crimes investigator
in post-war Europe, Mr. Blain died Thursday
at The Toronto Hospital, General Division, of a heart
ailment. He was 75.
Besides his wife, survivors include sons Bruce and Ian
and four grandchildren.
Born in Toronto, Mr. Blain knew at an early age that he
wanted to become a lawyer and, after attending
Jesse Ketchum Public School and Jarvis Collegiate, he
joined, at the age of 16, the predecessor of McCarthy
Tetreault, today one of the biggest of Toronto's Bay St.
law firms.
``They don't do it any more, but back then, when he
graduated from high school in the mid-1930s, he joined
McCarthy as an articling student,'' his wife said
yesterday.
``He was 21 when he was called to the bar'' after
graduating from Osgoode Hall.
But a soldier's uniform, not lawyer's robes, awaited Mr. Blain when he graduated in
1941.
As a lieutenant in the 23rd Field Regiment, Royal
Canadian Artillery, he was almost immediately posted to
Europe, where he fought at the front in France, Belgium
and Germany.
At war's end he was posted to a war crimes investigation
unit, and spent a year in northern Germany examining
the circumstances surrounding the deaths of Canadian
soldiers who were shot down behind enemy lines.
Back in Canada in April, 1946, Mr. Blain returned to his law firm,
and for the next 49 years worked as a lawyer
active in corporate finance and start-ups. When he retired
last January he was a senior partner.
For many years, Mr. Blain also served as a
commissioner on the Ontario Securities Commission and from
time
to time acted as vice-chairman of the regulatory agency:
- on No. 1 Cdn War Crimes Investgation Unit:
No. 1 Canadian War Crimes Investigation Unit was
established on 4 June 1945 under the command of
Lieutenant-Colonel B.J.S. Macdonald to continue the work of
the SHAEF (Supreme Headquarters,
Allied Expeditionary Forces) Court. Two detachments were established: the
North West Europe
Detachment at Bad Salzflen, Germany and the U.K.
Detachment at Canadian Army Headquarters,
London, England. Canadian personnel from the SHAEF Courts
were transferred to the new Canadian
Unit whose mandate was to investigate all reports of war
crimes affecting any member of the Canadian
forces. The unit remained active until its disbandment 31
May 1946.
[Source: https://www.archeion.ca/1-canadian-war-crimes-investigation-unit-fonds,
accessed 25 October 2018]
BLAIR, C.F. (Fred C.), member of the OJAG, colonel, biographical
notes:
Part-time member [of the Canadian Forces Grievance Board]
Fred Blair was appointed as a part-time Member of the
Board on September 15, 2006.
Mr. Blair was reappointed as a part-time member to the
Board for an additional term of three years effective
September 15, 2009.
Mr. Blair is a native of Ottawa. He holds degrees in
engineering (Queen's University, 1963) and law (University
of Ottawa, 1968).
Mr. Blair was called to the Bar of Ontario in 1970. After
practicing law in Ottawa, he enrolled in the office of the
Judge Advocate
General of the Canadian Forces (CF) in 1972, and served in
positions of increasing rank and responsibility until
1999. His service
included tours of duty as Senior Legal Adviser for the CF in Europe, and as
legal adviser to the Commander of the NATO Stabilization
Force in Bosnia.
After his release from the CF,
Mr. Blair continued in law as in-house counsel to a
publicly-traded company, and then as part-time outside
enforcement counsel to the Investment Dealers Association
of Canada.
A resident of Wooler, Ontario, he is active in the
community as a member of the Board of Directors of the CFB Trenton Military
Family
Resource Center, and as a member of the Protective
Services Committee for the City of Quinte West, Ontario.
____________ "Military Efficiency and Military Justice: Peaceful
Co-Existence?" (1993) 42 University of New Brunswick Law
Journal 237-242;
___________on Blair, Captain (N) Frederick (Fred), see "MOTION TO
ESTABLISH SPECIAL COMMITTEE TO EXAMINE ACTIVITIES OF
CANADIAN AIRBORNE REGIMENTIN SOMALIA—DEBATE CONTINUED",
in Debates of the Senate, 26 November 1998, at p.
2243 available at https://sencanada.ca/Content/SEN/Chamber/361/Debates/pdf/097db_1998-11-26-e.pdf
(accessed 17 March 2019);
We
have a fairly good idea of certain events in Somalia. ....
We alsoknow that accusations have
been made against
variousindividuals who, because
the inquiry was not allowed to complete
its work, could not appear before it.
Here
is but one example. In a document dated November 2,1994
and made public in January 1997 by the commission,
a deputy judge advocate general [Captain
(N) Fred Blair] wrote that two senior aides to Defence
Minister Kim Campbell
attempted to interfere in theconduct
of the investigation into the death of Shidane Arone on
March 16, 1993. The
insinuation was clear: The Defence Minister
was a candidate for the leadership of her party at aconvention
to be held
only a few weeks later and was desperateto
protect her reputation at any cost. Ms Campbell has
described the allegations
as totally false, as have the two aides. Yet, none was
given the opportunity to appear before the commission
which
released the document, thereby conferring an aura ofrespectability
on it.
[Senator Hon.
John Lynch-Staunton, Leader of the Opposition and proposer of the motion]
___________on Blair, Captain (N) Frederick (Fred), see
"Dispatches: Defence Minister Campbell endures less than friendly
fire - and shoots back", The Vancouver Sun, 1 February
1997;
Did Canadian military headquarters try to inflict a
pre-emptive strike on Kim Campbell while she was defence
minister,
to contain the collateral damage from the death of a
Somali youth while in Canadian military custody? She
thinks so,
swears John Dixon of Vancouver, one of her aides at the
time. The letter reprinted below left Campbell
``thunder-struck,
'' Dixon writes, and prompted her to complain to the
deputy attorney-general about ``an attempt at intimidation
and
`blackmail.' '' Dixon was the recipient of the letter;
Capt. C. Fred Blair of the judgeadvocategeneral's office, the author.
It is one of the exhibits Dixon has presented to the
Somali inquiry in his request to appear before the panel.
1. You have asked for details to support the proposition
that the minister must remain apart from the
investigative/judicial
processes now under way after the death of a Somali
national in the custody of the Canadian Forces at Belet
Uan. I
understand that, in spite of the explanations that have
been provided to you, you still have difficulty with the
idea that the
minister should not attempt to exercise political
influence over the unfolding of these processes. I will
try to explain further.
2. The requirement for ministerial distance is based on
two factors: First, her position at the top of an
organization which,
under the National Defence Act, operates its own complete
system for the administration of justice, and second, her
possible
roles in that system as prescribed in the act.
3. In the military justice system . . . there are many
decisions made which require the exercise of individual
judgment based
on evidence presented to, and representations received by,
the decisions-maker. Whether these decisions are
characterized
as administrative or judicial or somewhere in between,
they must be made in compliance with the rules of natural
justice.
The application, direct or indirect, of ministerial
influence on the process of making these decisions would
be improper,
tending to undermine those rules and indeed the integrity
of the entire system. Moreover, one may imagine the effect
on
the minister's present situation should it be revealed
that she had interfered, or attempted to do so, with the
course of
military justice in this highly sensitive case.
4. Specific examples of the decisions referred to above
include those required on issues of pre-trial custody and
the laying
of charges. . . . Representations from those in custody
must be sought and considered by the authorities.
Obviously, influence
from above, whether or not made public, would taint the
decisions. Even more sensitive is the issue of laying
charges. The
court martial appeal
court has ruled that the exercise of influence by higher
authority on a commanding officer's discretion
to proceed with charges is a fatal bar to a prosecution.
5. I believe that the preceding paragraphs should explain
the concern in the Canadian Forces about the minister's
telephone
call to the chief of the defence staff on Thursday last.
It is well that she did no more than express her urgent
interest in the
serious case at hand.
6. I turn now to the second factor - the roles of the
minister in the military justice system, and more
particularly her potential
roles in a specific case. In addition to exercising such
non-case-specific responsibilities as appointing miliary
judges, the
minister may be called upon to make many different
decisions in particular cases. {For example,} she may
receive a petition
for liberty from an accused who has not yet been tried . .
. might be called upon to make the judicial decision to
order and
convene a court martial. . . .
7. Given these multiple roles which the minister might
have to play . . . it would be highly inappropriate for
her to participate
in any way in the investigative or legal preparations now
under way. No judge will become involved in any aspect of
a case
which she or he might have to hear, out of concern that
one side of the other will complain afterwards of its
inability to get
a fair hearing. The minister may well have to play a
judicial role here.
My officers are not helping me discharge my
responsibilities to Canadians, Kim Campbell complained in
an another letter
John Dixon included in his petition to the Somali inquiry.
The recipient of this letter was Robert Fowler, the deputy
national
defence minister.
I am concerned about a possible conflict between my
responsibilities for the governance of the Canadian Forces
and my
limited official roles within the system of military
justice.
I would outline the features of this possible conflict in
the following terms:
1. The minister of national defence is charged {in the
National Defence Act} with the responsibility for ``the
management
and direction of the Canadian Forces and of all matters
relating to national defence.'' Further, the authority to
make regulations
for ``the organization, training, discipline, efficiency,
administration and good government of the Canadian Forces
and generally
for carrying the purposes and provisions of the Act into
effect'' rests {in the act} with the minister and the
{federal cabinet}.
The chief of defence staff has no such authority to make
regulations.
2. The minister has several quasi-judicial functions with
respect to the administration of military justice -
relating principally
to the authority to convene courts martial, and the
exercise of certain powers of mercy - that may constrain
her ability, in
certain instances, to discharge her responsibilities for
the governance of the Canadian Forces. That is, if some
significant and
general deficiency with respect to the training,
discipline and governance of the Forces were to become
apparent in the course
of an investigation or court martial, any remedial action
or direction of the minister might be colored as
prejudicial with respect
to the case at law.
3. The question raised by these considerations is as
follows: How ought the minister of national defence
conduct herself when it
appears that she may be fettered by her limited role
within the system of military justice from the timely
discharge of her duty
and responsibility to govern the Canadian Forces?
I have sought advice on this matter from the office of
the judgeadvocategeneral on several different
occasions, and the
responses have consistently shown an inability to
appreciate the full range of considerations that a
minister must bring to the
determination of her duty.
I have decided that I require additional counsel, and
wish you to approach the deputy attorney-general of Canada
for this purpose.
There are, as you are probably aware, various views of the
roles of the judgeadvocategeneral and the deputy
attorney-general
with respect to the provision of legal counsel to the
minister of national defence. I will not entertain those
considerations on this
occasion, or for this purpose,
beyond pointing out that this matter has yet to be
authoritatively resolved, and in such case it remains open
to us to seek the
advice of the deputy attorney-general of Canada. . . .
[Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/,
accessed 4 October 2018]
___________on Blair, Captain (N) Frederick (Fred), see McDONALD,
R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at pp. 106,
118 and 158 available at 103-242;
___________sur Blair, Captaine (M) Frederick (Fred), voir
Huguette Young de la Presse canadienne, "Affaire somalienne: Kim
Campbell croyait que l'armée voulait l'intimider", Le devoir,
jeudi le 30 janvier 1997 à la p. A4, disponible à https://collections.banq.qc.ca/ark:/52327/2767614
(site consulté le 1er novembre 2020);
___________on Blair, Frederick (Fred), see PARISIEN RESEARCH
CORPORATION, Notes on Fred Blair; available at http://parisien.org/popup.php?cmd=1
(accessed on 31 May 2012);
C. Fred Blair B.Sc. (Eng), LL.B, CD1
Captain (N) CF (Retd)
Mr. Blair is a distinguished lawyer with a deep
understanding of, and practical experience in, various facets
of Canadian military, criminal and procurement law and
international law in the context of military operations. After
a short period in private practice, he joined the Office of
the Judge Advocate General of the Canadian
Forces and enjoyed a wide-ranging career of increasing rank
and responsibility. He acted as counsel (both prosecution and
defence) at trials before all forms of Court
Martial, and was later appointed a Military Judge. As leader
in the provision of counsel to the DND materiel function, he
advised on such high-profile programs as
the acquisition of the CF-18 fighter aircraft, the Canadian
Patrol Frigate, and the NATO Airborne Early Warning Aircraft.
He served as Senior Legal Adviser to the
Canadian Forces in Europe, and as Legal Adviser to the
Commander, NATO Stabilization Force in Bosnia. On retirement
from the CF, Mr. Blair returned to civilian
practice where he provided legal counsel to a publicly-traded
internet company and the Investment Dealers Association of
Canada. Mr. Blair is a skilled teacher
who has instructed a variety of audiences on various aspects
of the law as it applied to their roles and responsibilities.
For 27 years (less military deployments) he also served as
a firefighter, a District Chief, and Chief of Department in
a rural municipal Fire Department.
___________on Blair, Frederick (Fred), see Scott Feschuk from the
Parliamentary Bureau, "Campbell advisers briefed, note
says", The Globe and Mail, Toronto, 15 January 1997
at p. A1; retrieved from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/1140425100?accountid=46526,
accessed 1 May 2020;
------
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
___________on Blair, Frederick (Fred), see the Blair-Dixon
controversy in the case of Dixon v. Canada (Commission of Inquiry
into the Deployment of Canadian Forces to Somalia), 1997 CanLII
6340 (FC), [1997] 2 FC 391, <http://canlii.ca/t/4ftc>
As Special Advisor to the Minister, the applicant [Dixon]
was directly involved in the communications between
representatives of the Canadian Forces and the Minister
[of National Defence Campbell]. One representative of
the Canadian Forces was Captain [Navy] Blair of the Office
of the Judge Advocate General (Blair). The applicant and
Blair have different recollections about the date on which
the applicant and others on the Minister's staff were
told about the torture and murder of Shidane Arone by
members of the Canadian Airborne Regiment in Somalia
on March 16, 1993 (the Arone murder).
Blair says in a memorandum dated November 2, 1994, that
he made the Arone murder known to the applicant and
others on the Minister's staff on March 26, 1993. On the
other hand, in his letter to Esprit de corps
magazine earlier
in 1994, the applicant had indicated that "neither
Minister Campbell nor any member of her staff had
knowledge of
the atrocity until March 31." This controversy between
Blair and the applicant became public when, on January 13,
1997, the Commission of Inquiry released Blair's
memorandum of November 2, 1994. As a result, a Canadian
press
story dated January 15, 1997, raised the question whether
the applicant and his colleagues had participated in a
cover-up.
_____________Opinion on Bill C-51:
Subverting That Pesky Charter As a citizen, a
veteran, a father and grandfather, I have followed carefully
the unfolding of the government’s
legislative approach to its critical responsibility to
defend Canadians against the threat of terrorism. This
analysis, focused on a particular
aspect of Bill C-51, is non-partisan. I feel somewhat
qualified to advance some thoughts, based upon more than 40
years in the law, including
work as defence counsel and prosecutor, service as a
military judge, service as a member of a Federal
quasi-judicial tribunal, provision of
operational advice to investigating authorities in the
police and intelligence communities, and countless hours of
analyzing laws and
government actions as to their compliance with the Canadian
Charter of Rights and Freedoms.
In particular, I’m interested in Part 4 of Bill C-51, which
proposes amendments to the Canadian Security Intelligence
Service Act to permit
CSIS “to take, within and outside Canada, measures to reduce
threats to the security of Canada, including measures that
are authorized by
the Federal Court.” Who could argue with taking measures to
reduce threats to the security of Canada? What could go
wrong? Please note
immediately that this is a radical change in the CSIS role.
At present, CSIS is authorized only to “collect, by
investigation or otherwise, to
the extent that it is strictly necessary, and analyse and
retain information and intelligence respecting activities
that may on reasonable grounds
be suspected of constituting threats to the security of
Canada…”. Actually taking measures to reduce threats is a
whole new mandate –
think every dramatic national security TV show and movie
you’ve seen, think break and enter, think aggressive
hacking, think rendition, think
“enhanced interrogation”. Canadians have two great shields
against the willful or stupid abuse of the power of the
state. Our general protection –
the cornerstone in the foundation of democracy – comes in
the form of the Rule of Law. Canada is a country “where
everyone is subject to the
law; (where) no one, no matter how important or powerful, is
above the law — not the government; not the prime minister,
or any other minister;
not the Queen or the Governor General or any
lieutenant-governor; not the most powerful bureaucrat; not
the armed forces; not Parliament itself,
or any provincial legislature.” (Thank you, Eugene Forsey).
Our specific protections are enumerated in the early
sections of the Charter, which is, simply, “the supreme law
of Canada”. Of particular interest
are our rights to life, liberty and security of the person,
the right to be secure against unreasonable search or
seizure and the right not to be
arbitrarily detained or imprisoned. What’s to worry about?
With these rights firmly in place, nothing. That’s why C-51
is so wrong-headed, so
dangerous, so objectionable. If enacted as written, C-51
will allow CSIS, with virtually no effective control or
oversight, to ride roughshod over
the Charter and its protections. It’s important to
understand some things about the Charter. First, it was
designed to be very hard to change:
a change requires more broad-based political agreement in
Canada than you’re going to see in my time. No country-wide
consensus, no change,
and that’s a good thing: our rights aren’t meant to be
easily swept away. Specifically, the contents of the Charter
cannot be changed by the Federal
government acting alone. Second, although the rights aren’t
absolute, the state’s ability to limit them is severely
constrained. There is a provision
(the “notwithstanding” clause --section 33 of the Charter)
which, within limitations, allows the government to
temporarily override some Charter
rights. It has never been used by the Federal government.
Not only would it require an Act of Parliament for every
single use, the political cost
would be incalculable. Definitely not a helpful tool for
CSIS. Charter rights are guaranteed, “subject only to such
reasonable limits prescribed by
law as can be demonstrably justified in a free and
democratic society”. A small number of “reasonable limit”
cases have been decided by the
Supreme Court of Canada after the presentation of highly
complex and detailed evidence and argument on both sides of
the issue. Taken together,
these provisions make it plain that there simply is no quiet
or easy way for the state or its agents (read CSIS) to get
around that pesky Charter.
Let’s keep that in mind as we look at the new powers
proposed for CSIS under Bill C-51. CSIS officials will be
able to apply in secret to a Federal
Court judge, for a warrant allowing them to contravene a
right or freedom guaranteed by the Canadian Charter of
Rights and Freedoms. Applications
will be wholly one-sided, and will be based entirely on the
wish list presented by the CSIS official applying for
permission to violate someone’s
Charter rights. If I were appearing before the Commons
Committee looking at C-51, I’d want to know how the
applicant’s wish list could
conceivably be considered “prescribed by law”. I’d question
the wisdom of handing a “reasonable limit” determination to
a single Federal Court
judge who won’t even be hearing both sides of the argument.
I’d ask how appropriate it is to give that single judge the
power to strike down a
Charter right in a proceeding the record of which will
almost certainly never see the light of day. I’d demand to
know how that judge’s rulings
on warrant applications will be appealed or reviewed (hint:
there’s no provision for that in C-51, not even for a review
by SIRC). C-51 is nothing
more than a camouflaged attempt to hand CSIS extraordinary
and frightening power to contravene Canadians’ Charter
rights with very little control
and no apparent oversight. Does “police state” ring a bell?
These proposed measures evoke thoughts of Stalin and the
Stasi. There’s no convincing
evidence that we need C-51 as it stands. Canada will be the
worse for it. Sincerely, Fred Blair Wooler, Ontario (Capt
(N) (Ret'd) Fred Blair is an
Ontario lawyer and a former Deputy Judge Advocate General)
BLAIR, William Robert Nelson, "A Comparative Study of Disciplinary
Offenders and Non-Offenders in the Canadian Army, 1948", (1950)
4(2) Canadian Journal of
Psychylogy 49-62;
___________A Comparative Study of Disciplinary Offenders and
Non-Offenders in the Canadian Army, 1948, thesis submitted to the
School of Graduate Studies in partial fulfillment of the
requirements for the Master of Arts degree, University of Alberta,
Faculty of Arts, 1948, available at https://archive.org/details/comparativestudy00blai(accessed
6 August 2018);
---------
Edmond P. Blanchard,
image
Gregory Furmanczyk (painter), portrait of The Hon. Edmond
source:
Blanchard, oil, 36″ x 58″;
source:https://www.gregoryfurmanczyk.com/gallery/ .cba.org/cba/newsletters-sections/2010/2010-06_judges.aspx,
accessed on 26 April 2014
BLANCHIELD, Mike, "Brass trying to hush probe, Marin says: Forces
ombudsman vows disclosure of harassment, reprisal complaint", The
Ottawa Citizen, 5 July 2001, p. A4;
___________"[Canadian Forces Ombusman Andre Marin will
publicly...]", CanWest News, Dec 15,
1999, p.1;
___________"Internal battle rages over Forces ombudsman: Marin
accuses DND legal branch of waste, delays", The Ottawa Citizen,
14 May 2001, pp. A1 and A5; see reply by Pizul, "Setting the record
straight on the Forces ombudsman", infra;
___________"[ The militarys legal branch moved quickly to... ], CanWest News, Sep 3, 1999, p.1;
___________"Military law review slammed as 'whitewash'. Bar
association says military justice system has 'credibility problem'
", The Ottawa Citizen, Friday, June 27, 2003, p. A3;
see response of the Canadian Bar Review in a letter dated 27 June
2003, available at http://www.cba.org/cba/submissions/pdf/03-28-2-eng.pdf
"The Stinging criticism [by the Canadian Bar
Association] of the military handling of its review of
provisions of the National Defence Act is contained in the bar
association's 101-page brief submitted to Judge Lamer."
___________"Military tried to muzzle Marin -- Document show
ombudsman was warned about 'suspicious' media", The Ottawa
Citizen, 4 September 1999; see reply by Groux, George, infra;
___________"Military ombudsman needs more powers to stop coverups,
expert", The Ottawa Citizen, 9 May 2000, at p. A3;
Coverups will continue to dog the Canadian Forces if its
ombudsman does not receive additional powers
to compel senior brass and military lawyers to co-operate
with his investigations, the Commons defence
committee is to be told today.
"The potential for coverup is there. Nobody is alleging
that's happened yet. What we're trying to do now
is develop a blueprint for the future," says University of
Ottawa law professor David Paciocco, a constitutional
and criminal law expert. "We want to have the mechanism to
remove that."
In an interview with The Citizen, Mr. Paciocco previewed
his testimony this afternoon before the Commons
defence committee, which will also hear from Ombudsman
Andre Marin.
Mr. Marin recruited Paciocco as a legal adviser to help
him in his battle against officers who view Mr. Marin
as a threat to the chain of command.
Mr. Paciocco is an award-winning author, and a former
Crown prosecutor who now divides his time between
teaching law and practicing as an Ottawa criminal defence
lawyer.
The ombudsman's office was created to help the military
avoid repeats of some of the high-profile scandals
of the 1990s, including the Somalia debacle.
Mr. Paciocco says his analysis of the ombudsman's
mandate reveals two flaws which could prevent the office
from weeding out corruption: there is no provision in the
mandate that compels Forces personnel to co-operate
with investigations, and current regulations have been
worded to allow lawyers in the JudgeAdvocateGeneral's
office to ignore requests for information.
Mr. Paciocco noted "goodwill" within the ranks has
ensured good co-operation so far with Mr. Marin. But that
can't be taken for granted, he warned.
He supports an amendment to the ombudsman's regulations
that would force the lawyers in JudgeAdvocateGeneral
to co-operate. They have rebuffed Mr. Marin's
investigators on several occasions, claiming their actions
are protected
by solicitor-client privilege.
"The ombudsman understands the propriety of having a
unique military justice system, it should nonetheless be
a system that is open and accountable," said Mr. Paciocco.
"(Right now) it masks the decision making process by
hiding behind legal technicalities."
Word count: 368
Copyright Southam Publications Inc. May 9, 2000
[Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....;
accessed 23 February 2019]
___________"Ombudsman seeks power to investigate Forces lawyers", National Post, Dec 16, 1999,
p. A11;
___________"Potential for cover up in Armed Forces: ombudsman", The
Record (Sherbrooke), 10 May 2000, at p. 8, available at http://collections.banq.qc.ca/ark:/52327/2970545
(accessed on 31 March 2018);
___________"Young Gun; Andre Marin,
34, aims to clean up the Canadian Forces", Edmonton Journal, Feb 21,
1999, p. F4;
Photo:
Sean Kilpatrick / The Canadian Press
"Military Police Complaints Commission chair Peter Tinsley
[a former JAG Officer] listens to remarks during hearings into
allegations regarding Afghan detainees in Gatineau, Quebec,
Oct. 14, 2009."
__________"Tories accused of putting 'chill' on public's
watchdogs", 11 December 2009, available at http://www.thestar.com/news/canada/2009/12/11/tories_accused_of_putting_chill_on_publics_watchdogs.html
(accessed 15 January 2016)
The departing chair of the Military Police
Complaints Commission [former JAG officer Peter Tinsley] has
taken the Harper government to task for refusing to renew
his term in the middle of a major public inquiry into
the Afghan detainee controversy.
__________"Democratic Way in Warfare", (Spring 1998) 27(3) Canadian
Defence Quarterly 4-10; also published at (July to December
1998 4(1) JAG Newsletter/Bulletin d'actualités du JAG;
available at http://www.lareau-law.ca/Bland88.pdf
(accessed 2 December 2016); one of the best article on military law
written by a non-lawyer! IMPORTANT
___________Parliament, Defence Policy and the Canadian Armed
Forces, Kingston, Ontario: School of Policy Studies,
Queen's University in cooperation with Université Laval, 1999, ix,
81 p., ISBN: 0-88911-881-7, (series; Claxton papers, ISSN 1491-137X
; 1); available at http://www.queensu.ca/dms/publications/claxton/Claxton1.pdf
(accessed 8 May 2017);
___________see Doug Bland on You Tube, "Documentary - Soldiers In A
Strange Land (6/6)", at 1:31 / 5:39, available at https://www.youtube.com/watch?v=7aDUMRzDa6g
(accessed 17 September 2020);
In my view the national defence of Canada is not
the responsibility of the Canadian Armed Forces, or of the
Department of National Defence or directly of Parliament. In
effect, the defence of Canada is the responsibility of the
people; and the members of Parliament, as representatives of
the people, are therefore accountable to the people of
Canada for the national defence of the country and for the
operation of all the instruments, organizations, units and
individuals who give effect to that defence.
The National Defence Act, in my view,
therefore is an instrument of delegation. Its purpose is
to explain to individuals who daily manage and direct the
defence of Canada their responsibilities, their terms of
reference and the degree of authority that Parliament
allows these individuals to have in all circumstances.
When I speak to officers, often I ask them
what is the basis for military operations in Canada.
Naturally they will say that getting the mission done,
taking care of the job, tactical necessity and so on is
the basis for military operations. But I try to explain to
them that in my view the basis for military operations
really is the law. The commanding concept here is what we
refer to as lawful command. So the National Defence Act
sets out lawful command. It dictates who has authority for
whom, who can decide what and how the defence department
and the armed forces will be organized and commanded.
Image source: amazon.ca/Time-Bomb-Canada -First-Nations/dp/1459727878,
accessed 21 February 2020
____________Time Bomb: Canada and the First Nations,
Toronto, Ontario, Canada : Dundurn, [2014], 231 pages ; 20
cm, Note: foreword by Bonnie Butlin, ISBN: 9781459727878,
1459727878;
Contents
1. As native as the land itself -- 2. The Crown's promise
and the Indian Act -- 3. Life amongst the people --
4. Conflicts amongst the people -- 5. Canada: the vulnerable
nation -- 6. Imagining a First Nations rebellion --
7. Getting things wrong -- 8. Disarming the time bomb.
____________""Who
decides what? Civil-military relations in Canada and the
United States", (2000) 41 Canadian-American Public Policy.
1-60;
Image
source: deslibris.ca/ID/202329, accessed 26 November 2016
BLAND, Douglas L. and Roy Rempel, A
vigilant Parliament : building competence for effective
parliamentary oversight of National Defence and the Canadian Armed
Forces, [Montreal] : The Institute for Research and Public
Policy, 2004, 60 p. (series; Policy Matters; v. 5, no 1);
Douglas L. Bland and Roy Rempel express grave
concerns over the lack of interest the Canada’s Parliament has
shown in defence policy
and foreign affairs since the post-Cold War era began. They
suggest that perhaps this tendency towards disengagement is
the product of
British tradition, in which defence decisions were left in the
hands of the Crown. As Bland and Rempel explain, there has
been little debate
in the House of Commons around these issues over the years,
and a clear direction still has yet to be truly established
for those who are
required to make decisions today (generally senior military
officials). As far as Bland and Rempel are concerned, change
is absolutely required;
Parliament, they argue, has not used Parliamentary Committees
as effectively as possible, and they are really too divided
along party lines to
debate in a real or useful fashion.
At a time when concerns over terrorism prevail, the authors
suggest that the Government of Canada cannot afford to ignore
security concerns
with the hope or understanding that they will be looked after
by others. According to the authors, despite potential threats
to Canada’s security,
little has been said about defence in the House of Commons.
Bland and Rempel further argue that the federal government has
largely ignored
suggestions presented by informed military officials, and is
making what they view as irresponsible decisions in this
arena. Further to this latter
point, they suggest the deployment of Canadian Forces to
Afghanistan serves as one such example.
Bland and Rempel then examine the Westminster system and how
defence decisions are made more closely, the role of
Parliamentary
Committees and debates, and how money designated for military
spending is allocated. They compare the Westminster system to
the Norwegian
and German Parliamentary systems, and how defence-related
affairs are overseen in each of these traditions.
Image
source: http://www.queensu.ca/cidp/publications/claxtonpapers.html,
accessed 29 November 2014 BLAND, Douglas L. and Richard Shimooka, 1981-, Let Sleeping Dogs Lie: The Influence
of External Studies and Reports on National Defence Policy --
2000-2006, Kingston (Ontario): Defence Management Studies
Program, School of Policy Studies, Queen's University, 2011, [ix],
128 p.; (series; Claxton Series; 15), ISBN: 978-1-55339-314-6;
see Table of Contents;
During the next three days, you
will consider, discuss and debate such important topics as:
The notions of self-defence and their application in
multi-national operations;
The principles of necessity and proportionality in
international humanitarian and international human rights law;
The fascinating, complex and extremely important topic of
military justice;
The problems, challenges and solutions facing national
authorities in enforcing national military and criminal law in
multi-national operations;
The use and regulation of private military security
companies;
The observance of International Humanitarian Law by military
forces under the command of international organizations;
The human rights of soldiers; and
The use of cyber force.
These are among the most important and topical subjects in the
field of international law today. They illustrate the importance
of respect for, and dissemination of, international humanitarian
law to the promotion of the rule of law in the international
sphere.
Image
source:
http://www.usip.org/publications/law-of-war-training-resources-military-and-civilian-leaders,
accessed 14 November 2015
BLANK, Laurie R. and Gregory P. Noone, Law of War Training :
Resources for Military and Civilian Leaders, 2nd
edition, Washington, D.C.: United States Institute of Peace
Press, 2013, ix, 68 p.; available at http://law.emory.edu/_includes/documents/sections/clinics/law-of-war-training-manual-01.pdf
(accessed on 14 November 2015); deals with Canada;
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BLAUSTEIN, Albert P., 1921-1994, "Military Law in Africa: An
Introduction to Selected Military Codes", (April 1966) 32 Military
Law Review 43-79. available at http://www.loc.gov/rr/frd/Military_Law/Military_Law_Review/pdf-files/27547F~1.pdf
(accessed 28 October 2015); deals extensively with Canadian military
law;
Adam Goldenberg, image source: mccarthy.ca/en/people/adam-goldenberg,
accessed 30 April 2021
BLOCK, Eric S., and Adam Goldenberg, Emergency law in Canada :
commentary and legislation, LexisNexis Canada, 2021, 238 p.,
ISBN: 9780433509554;
Table of Contents
Commentary
Part I: The Emergencies Act 1. Emergency powers in Canada in historical context i. Pre-Confederation 2. The scheme of the Emergencies Act i. The legacy of the October Crisis ii. Four types of national emergencies iii. Declaring a “national emergency” 3. Accountability in the Emergencies Act i. Parliamentary accountability ii. Judicial accountability 4. The end of a “national emergency” 5. Compensation
Part II: Provincial and territorial emergency legislation 1. Common provisions i. Mechanisms for emergency planning ii. Exercise of emergency powers iii. Conditions for the extension/termination of an emergency iv. Declaration of sub-provincial emergencies v. Offences vi. Protection from liability 2. Unique provisions i. Compensation for takings ii. Agreements with other jurisdictions iii. Legislative oversight
Part III: Conclusion
Legislation
Emergencies Act, R.S.C. 1985, c. 22 (4th Supp.) Emergency Management Act, R.S.A. 2000, c. E-6.8 Emergency Program Act, R.S.B.C. 1996, c. 111 Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9 Civil Protection Act, CQLR, c. S-2.3
___________notes on Stanley Blythe, from Military Police Complaints
Commission of Canada, Building Confidence, The Military Police
Complaints Commission of Canada, 2005 Annual Report, at p. 27,
available at http://publications.gc.ca/collections/Collection/DP1-2005E.pdf
(accessed 27 October 2017);
STANLEY BLYTHE CHIEF OF STAFF AND SPECIAL ADVISOR
Mr. Stanley Blythe has been the Chief of Staff and Special
Advisor
to the Chair of the Military Police Complaints Commission
since
August 2003. In this capacity, he manages both the Chair’s
office
and the communications function, as well as leading a
variety
of strategic projects for the Commission.
Mr. Blythe is a graduate of the Royal Military College and
the
University of Alberta Law School. He subsequently completed
a Master of Laws degree at the University of Ottawa,
focusing
on constitutional law and human rights.
Prior to joining the Commission, Mr. Blythe worked as the
first
Court Martial Administrator for the Canadian Forces, where
he
managed the office of the Chief Military Judge and convened
courts martial.
Before entering the federal Public Service, Mr. Blythe was a
member
of the Canadian Forces for 31 years, including many years as
a naval
officer, serving primarily in destroyers on Canada’s East
coast. As
a legal officer in the Forces, he worked in various fields
including
human rights law and information law.
Mr. Blythe has taught courses and delivered presentations to
a
variety of institutions and organizations on subjects
including ethics,
information technology security, employment equity,
harassment
prevention and criminal law.
___________on Stanley Blythe, see McDONALD, R. Arthur, (Ronald
Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office
of the Judge Advocate General, c2002, at p. 94, available at at i-xii and 1-102;
___________on Stanley Blythe was a
captain with the OJAG in 1985 (source: Canadian Forces
Officer's List (Regular) (Bilingual), A-AD-224-001/AF-001,
1985-11-20, obtained from DND, Access to Information
and Privacy, file A-2019-00318, 13 February 2020);
"Blinded by Loyalty -- Military investigators still lack
impartiality", (shipped June 1999), volume 7, issue 1, Esprit de
Corps, pp. 12-13; about CFNIS (Canadian Forces National
Investigation Service) investigations of the allegations made by
Private Margaret Dickey and Captain Bruce Poulain;
BOAN, D.J. (Duncan), member of the OJAG as a LCol in the eighties;
research started on 24 April 2018; Capt Boan was the
prosecutor in the 1980 court martial of Captain McRAE, Angus,
Reverend, (died in 2011) for sex offences on a young boy at CFB
Edmonton; see, this bibliography MCRAE, infra;
___________BOAN, D.J. (Duncan),
was a captain with the OJAG in 1980 (source:
Canadian Forces Officer's List (Regular),
A-AD-224-001/CFP/PFC 224), 31 December 1980,
obtained from DND, Access to Information and
Privacy, file A-2019-00318, 13 February 2020);
___________on BOAN, D.J. was the
prosecutor in the General Court Martial in the sex
case of the padre Captain McRAE, Angus Alexander,
CFB Edmonton, 15-18 July 1980, see the transcript of
this General Court Martial at https://cfbnamao.files.wordpress.com/2020/11/a-2019-00017_transcript.pdf
(accessed 4 November 2020); the transcript was
obtained by an Access to Information Act request,
DND, number A0610347_265-A-2019-00017-00265; this is
the number that appears at the bottom of each
page; the judge-Advocate was LCol J.B. Fay and
the defence counsel Major Guy Brais;
Pressing (and holding) the
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___________on BOAN, Duncan, see https://ca.linkedin.com/in/duncanboan
(accessed 23 March 2019); was military lawyer with the Canadian
Forces from 1978-2000; was AJAG in Halifax;
___________on BOAN, Duncan, see "Real Estate Agent: Duncan Boan,
Victoria, BC--Century 21 South Island Realty Century 21 Real
Estate", available at https://activerain.com/profile/duncanboan,
accessed 14 June 2020;
Get
to know Duncan Boan
I came to real estate a little later than many, but I
had a lot of other
things to do first! There was school, work, fun - not
necessarily in
that order - and some retirement time too. The good
thing about that
is the wide ranging experience I gained then is largely
relevant now
to my career in real estate sales, which began in 2004.
Victoria has been home for my wife and me since early
1990. Having
lived coast to coast in Canada, I can say each province
has its own
beauty and attraction. They also each have snow,
freezing cold
winters, and some form of flying pest such as
bloodthirsty mosquitoes
or equally annoying little black flies. But in this
little corner of the
world, in Victoria at the south end of Vancouver Island,
it seldom
snows, the winters are mild, and mosquitoes are rarely
encountered.
My wife and I think we'll stay put.
Apart from twenty-five years of military service, and
ten years of
service with Rotary, I have been active in my
community as a
volunteer director of the Mount Newton Centre Society.
That is a
grass roots organization the main aim of which is to
keep our elderly
citizens in their own homes as long as possible by
providing unique
medical support services and equipment to them in their
homes.
- Board of Inquiry--Croatia, 2000, available at http://web.archive.org/web/20010805073420/http://www.dnd.ca:80/boi/engraph/home_e.asp
(accessed 9 January 2018); the legal advisor was Commander J. Harrigan; the assistant
legal advisors were Major H. Coulombe and G. Seymour; The Board of Inquiry gratefully
acknowledges the assistance of the following personnel who
contributed their time and services to the Board: Lieutenant-Colonel
M. Crowe and Lieutenant-Colonel R. Strum,
legal advisors;
Germain Bock, C.R.
BOCK, Germain, C.R., 1908-, avocat, admis au Barreau de la province
de Québec en 1934, voir son nom dans Biographies
canadiennes-françaises, publiées par Me Fortin, 19e édition,
Montréal, 1963; disponible à http://collections2.banq.qc.ca/jrn03/biographies_cafr/src/1963/170678_1963.pdf
(vérifié le 24 août 2018);
A été membre du C.O.T.C. de l’Université de
Montréal de 1930 à 1934, et reçut sa commission d’officier
au Régiment de Châteauguay en 1934; fut promu capitaine en
1939; s’enrôla dans les forces actives en
août 1940 et fut nommé adjudant du centre d'entraînement militaire de St-Jérôme
avec le rang de capitaine;
transféré aux quartiers-généraux M.T.4 à Montréal pour
occuper le poste d’officier en charge des réclamations
contre l’armée de 1941 à la date de son licenciement en
1944.
The credibility of a number of witnesses came into
question when they
were evasive in their responses to questions during the
inquiry. Standing
out among these witnesses was then Chief of Defense Staff
General (Ret.)
Jean Boyle. In both his words and his actions, he came
across as devious
and appeared to be hiding something. He would later admit to
altering
documents that were released to the media and resign, less
than a year after
taking the job.
Perhaps the biggest controversy
of all is the fact that the inquiry hadn’t
fulfilled its mandate at the time it was ordered to an
end. A number of
politicians were complaining at the length of time the
inquiry was taking,
and shortly after Jean Chretien took over as Prime
Minister he gave the
order to shut it down.
Still a lot of questions to be asked.
....
In Chapter 42 we outline further questions and issues we
would have asked
and explored, if the truncation of our Inquiry had not
occurred, under the
following general headings: the February 17th riot at the
Bailey bridge,
The incident of March 4, 1993, The March 16th incident, The
March 17,
1993 killing of a Red Cross guard, The detention of alleged
thieves, The actions,
decisions, responsibilities, and accountability of senior
officials, The Deputy
Minister, The Chief of the Defence Staff, and the Deputy
Chief of the Defence
Staff ,The Minister of National Defence, The Judge Advocate
General as well
as further allegations of cover-up, and systemic issues.
....
As well as re-sitting the Somalia Inquiry, I am calling for
a similar Royal
Commission to be held in Canada. A Royal Commission that
will look into the
number of Canadian veterans who are dealing with PTSD or
other operational
stress injuries, as well as looking into the increase in the
number of suicides by
Canadian veterans.
BOGAERT, Kandace, "Patient Experience and the Treatment of Venereal
Disease in Toronto’s Military Base Hospital during the First World
War", (2017) 26(2) Canadian Military History 1-13;
available at http://scholars.wlu.ca/cgi/viewcontent.cgi?article=1877&context=cmh
(accessed 8 January 2018);
source: localhistory.oshawalibrary.ca/pdfportal/pdfskins/Vernon1916/pg_0069.pdf,
accessed 23 February 2019
BOGGS, F. D. (Frederick Desmond), 1862-, Judge Advocate of the
General Court Martial, see the article "Cobourg's Magistrate Major
F.D. Boggs is promoted in England -- Jurisdiction over Troops at
Hythe", The Globe, 8 August 1917, at p. 16;
Source: ProQuest Historical Newspapers: The Globe and
Mail,
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/
....
accessed 16 November 2018
Pressing (and holding) the Ctrl key and scrolling
the wheel
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being viewed
-----------
Beverly Boissery, source for the two images: :osgoodesociety.ca/book-author/beverley-boissery/
BOISSERY, Beverly, 1939-, A deep sense of wrong : the treason,
trials and transportation to New South Wales of Lower
Canadian rebels after the 1838 rebellion, Toronto
: Dundurn Press, c1995, xiv, 367 p., [13] p. of plates : ill.
; 24 cm.; NOTES: Includes bibiliographical references and index,
ISBN: 1550022423; copy at University of Ottawa; these
Canadians were tried by courts martial;
BOIVIN, Anne, avocate, membre du Barreau du Québec, depuis 1991, travaille au Comité externe d'examen des griefs
militaires; tél. 613-995-5599; ann.boivin@mgerc-ceegm.gc.ca; (information en date du 18 novembre 2020);
L'avocat de la poursuite, le major Alexandra
St-Amant, et de la défense, le capitaine de corvette Mark
Létourneau, ont présenté Paradis,
aujourd'hui âgé dans la mi-vingtaine, comme un homme qui
n'avait eu que cet écart de conduite au cours de sa carrière
militaire et qui
n'a aucun antécédent judiciaire.
BOIVIN LAFLEUR, Eliane, Military Training
and the Law of Armed Conflict: How International Law is Applied
and Enforced in the Canadian Forces, Osgoode Hall Law
School, LL.M. thesis, mentioned at McGill Law Journal / Revue de droit de McGill, Volume 58, numéro 4,
juin 2013; see abstract at http://glsa.osgoode.yorku.ca/wp-content/uploads/2012/05/Online-Abstracts-E-Book-2012.pdf
(accessed 28 September 20176); research note: I did not find the
thesis in the University catalogue; from I have heard from her
father, she has not finished her LL.M. degree;
BOLAND, Captain John ("Jack") D. C.,
1910-1962, member of the Ontario Bar; member of the
Office of the Judge Advocate General and part of the prosecuting
team of the Canadian War Crimes Liaison Detachment – Far East;
hereunder are some different notes on Captain Boland to read:
Detachment legal officer
Captain John (Jack) D.C. Boland was born in Ottawa on 25
November 1910.
A junior officer like Dickey, Boland’s military
service was similar in that he spent much of the war
in
Infantry Training Centers, and served as an adjutant.
Boland’s wartime services wrapped up as a courts
martial prosecutor for eighteen months. He was a
member of the Ontario Bar Association and lived in
the nation’s capital before and after he ventured
across the Pacific.
[from Sweeney's thesis, supra at p. 46]
"Seven of the eight original members of
the Canadian detachment prior to departure. Back row,
left to right, RSM Hogg, S/Sgt. Martin, SM Manchester, SM
Shepherd; front row, left to right,
Captain Boland,
Lt. Col. Orr, Major Puddicombe.
Missing from the photo is Captain John Dickey (Montreal
Daily Star, 11 April 1946)"
[Photo and text from Sweeney's thesis, supra
at p. 52]
BOLDUC, Karine, Captain, lawyer, member of the Quebec Bar (2009);
member of the OJAG since April 2018; former
Justice Canada lawyer, Criminal Law Policy Section; see https://ca.linkedin.com/in/karine-bolduc-74833518
(accessed 28 August 2018);
Legal Officers LCdr Patrice Desbiens, Capt Karine Bolduc, Capt
Marc-Antoine
Sigouin, and Maj Pascale Cloutier completed a 5-day
course on International
Humanitarian Law offered by @uOttawa
and @redcrosscanada
last week,
including realistic case studies and simulated
scenarios." (accessed 7 June 2018)
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Andreas Bolik
___________Note on Andreas Bolik: "Municipal Election 2018--
Andreas Bolik --Ameliasburgh Ward Four", 19 September 2018,
available at http://wellingtontimes.ca/andreas-bolik/
(accessed 6 June 2019);
Andreas Bolik spent 37 years serving his country
in uniform, and now he wants to serve his
community by being a voice for the people in Ameliasburgh.
Bolik reached the rank of Major,
and his history of service left him with a skillset that is
unique. Bolik thinks he would be well-suited
for municipal politics. His background and experience in
engineering and law have provided him with
critical thinking skills that he hopes will assist council
in tackling complex issues and find better ways
of doing things that need to get done. Bolik also considers
himself a team player and looks to cooperate
with other council members to build a strategic vision for
the County, while ensuring that the interests
of Ameliasburgh residents are well represented.
Born in Toronto, Bolik spent most of his formative years
in the Georgian Bay area of Penetanguishene.
He went to Ryerson for his undergrad in Aerospace
Engineering. He was a reservist at the time, and
after school transferred to the regular force where he
spent the next 24 years. During that time he
switched his focus to law and went to law school at the
University of British Columbia. He has lived
in the County for nine years and has a small hobby farm on
Rednersville Road with his wife and two kids.
Bolik’s uniform precluded him running for council in the
past. Now that his status is back to reservist,
his main job is to assist soldiers legally with
court-marshalls, and he cleared all the conflict of
interest
issues. Bolik still has some strict guidelines to go by as
an active member of the service, but he wants
to make it clear that he is not running as a military
member, he is running as a resident of Prince Edward
County and strictly in his civilian capacity. ....
Based
in Winnipeg as the Assistant Judge Advocate General for
the Prairie Region, LCol Bolt leads a team providing
legal advice and services to Canadian
Armed Forces units in Saskatchewan, Manitoba and Western
Ontario, including the Headquarters of 1 Canadian Air
Division and Canadian NORAD region.
A graduate of the University of Toronto Law School, he
was called to the Ontario bar in 2000, and holds a LL.M.
with an international law specialism from
the University of Cambridge. Prior to taking up his
current duties, LCol Bolt served in a variety of
positions within the Office of the JAG, including as
Director
of International and Operational Law. He has twice
deployed as legal advisor in support of operational
units: in Bosnia and in Afghanistan.
Image
source: https://www.google.com (image sedarch), accessed 4 May
2016
___________"The 'convention' to consult parliament on decisions to
deploy the military : a political mirage?", in, sous la direction
de, Michel Bédard et Philippe Lagassé, The Crown and
Parliament = La Couronne et le Parlement, Montréal :
Éditions Yvon Blais, 2015 aux pp. 145-172; available at http://cspg-gcep.ca/pdf/the_crown_and_parliament_la_couronne_et_le_parlement_chapter_6.pdf
(accessed 11 August 2016);
[On the significance of the words "active service"]
The simple and overriding fact here is that there has
been no consistent practice of consulting the Parliament
on deployment deci-
sions. Sometimes it is done, sometimes not; when it is
done different mechanisms are used. Generally speaking,
governments from 1950
to 1992 used the National Defence Act mechanism of
placing members of the military on “active
service”.57 This mechanism has a statute-
based Commons debate requirement,58 and was used from
Korea, through a 1964 Order-in- Council on Cyprus, in
the early 1990s on Iraq,
to the deployment in Somalia. Importantly, and contrary
to the views of some,59 there is no relevant legal
significance to these active service
designations; 60 the governments of the relevant day
used them to enable Commons debate only: throughout this
period and into the present,
all regular force military members were and are on
active service “for all purposes”.61
-----------
57. RSC 1985, c N-5 s 31(1) (section 31(1) [NDA] reads:
“The Governor in Council may place the Canadian Forces
or any component, unit
or other element thereof or any officer or
non-commissioned member thereof on active service
anywherein or beyond Canada...”)
58. See NDA s 32.
59. See e.g. dissenting opinion of J DeP Wright J in
Aleksic v Canada (Attorney General) (2002), 215 DLR
(4th) 720 at 724, (Ont Div Ct).
60. Being placed on active service simply means that a
number of disciplinary and other consequences are
brought into existence with respect
to the member: see NDA ss 30(1) and 77, 88, 97. A member
can be placed on active service without being deployed,
and a deployed CAF
member need not be placed on active service.
61. The current Order-in- Council is P.C. 1989- 583 (6
April 1989), which is merely the last in an unbroken
line of designations from P.C. 1950-
4365 of 9 Sep 1950 at the time of participation in the
Korea action.
Image
source: cba.org/Sections/Military-Law/Galleries/Photo-Gallery/2014/Legality-of-Armed-Intervention-Use-of-Drones?image=3D14759350757,
accessed 25 June 2017
LCol A. Bolt
___________ "Crown Prerogative Decisions to Deploy the Canadian
Forces Internationally: A Fitting Mechanism for a Liberal
Democracy" in D. Michael Jackson and Philippe Lagassé, eds., Canada and the Crown: Essays on
Constitutional Monarchy, Montreal and Kingston: Institute
for Intergovernmental Relations and McGill Queen's University
Press, 2013, at pp. 219-236;
___________The Crown Prerogative in Canada and its use in the
Context of International Military Deployments, Office
of the Judge Advocate General Strategic Legal Paper Series–Issue 2
(A-LG-007-SLA/AF-002) (4 June 2008); available at
http://www.forces.gc.ca/jag/publications/oplaw-loiop/slap-plsa-2/chap1-2-eng.asp);
----
____________"Developments in Science and Technology and
Implications for IHL", The Human Rights Research and Education
Centre, , 6 June 2014, available at http://www.youtube.com/watch?v=iJCJIGGUrv4
(accessed on 8 November 2014);
___________"Law
and political-military strategy : the importance of
legal advice in the decision to deploy the Canadian Armed
Forces" in Thomas Juneau, editor, Philippe Lagassé, editor and
Srdjan Vucetic, editor, Canadian defence policy in
theory and practice, Cham,
Switzerland: Palgrave Macmillan, [2019], xix, 425 pages :
illustrations (black and white, and color), at pp. 295-312;
22 cm., ISBN: 3030264025 9783030264024;
___________"A Legal History of the Missions in Bosnia and
Herzegovina", (2004) 1 Les actualités JAG Newsletter
31-36; résumé en français à la p. 31;
___________photo of LCol Alexander Bolt in the article by
Caroline Philipps, "Ottawa Humane Society Garden Party raises $96K
for animal welfare. Created by legendary chef Kurt Waldele,
evening featured food, drinks, auction items, prizes and popular
animal parade", Ottawa Business Journal, 18 May 2018,
available at http://www.obj.ca/index.php/article/ottawa-humane-society-garden-party-raises-96k-animal-welfare
(accessed 23 May 2018);
"From left, Bill Skubovius from sponsor Petplan pet
insurance with
Stephanie Bolt and Lt.-Col. Alexander Bolt, Office of
the Judge Advocate
General, Canadian Forces, at the OHS Garden Party
held Wednesday,
May 16, 2017, at the Horticulture Building at Lansdowne.
Photo by
Caroline Phillips"
BGen
Watkin on the---Source:(2007) 1 JAG
Les actualités Newsletter 81;
cover of the JAG magazine
___________"Stanley Cup Visits JAG / La coupe Stanley visite le
JAG", (2007) 1
JAG Les actualités Newsletter
81;
___________"Treaties and Treaty Making", (2007) 1 JAG Les actualités Newsletter 79-80;
Growing up on Vancouver Island, Laura had many
great
wilderness adventures in the Nitnat Triangle, Cowichan
Valley and Clayoquot Sound. By contrast, Laura spent a
few years as a fashion model in New York and Paris before
moving to Montreal where she studied International
Development and Environmental Studies at McGill
University. After earning a BA with Great Distinction,
Laura worked as a consultant and communications
coordinator in the environmental nonprofit sector.
....
She is also excited to continue working on and learning
about the
connection between the protection of Aboriginal rights and
the preservation of the environment and wild spaces. Laura
expects to be called to the bar in the fall of 2013.
Newsletter
___________photo of Capt Bonenfant, Laura, at Lieutenant(N) Yvona
Borovichkova, Chief of the Canadian Division, Canadian Forces
Language School, "CFLS Detachment Saint-Jean provides
first-rate second language training,
"Raja Fassi-Fihri, a French teacher, helps Captain Laura
Bonenfant and Capt Kerith Gordon learn French. Photo:
Sergeant Sylvie Plamondon"
Commander J.B.M. Pelletier,
military judge in this case
Booth B.R. (Private), R. v., 2014 CM 4017 (CanLII), <http://canlii.ca/t/gghhf>;
military judge: Commander J.B.M. Pelletier; counsel for the
prosecution: Lieutenant-Commander D. Reeves and Major D. Martin;
counsel for the defence: Major D. Hodson and Major E. Thomas;
The only issue in this application, therefore, is whether
it is within the power of the CDS to issue the
prohibitions on harassment and racist
conduct found in DAOD 5012-0 and CFAO 19-43
respectively or whether that power belongs to the Governor
in Council or the Minister.
THE LEGISLATIVE AND REGULATORY FRAMEWORK
In
order to analyse the power to issue these prohibitions, it
is necessary to outline the legislative and regulatory
framework which governs
powers of the various actors involved in matters governed
by the NDA.
The relevant provisions of the NDA
providing general regulations-making powers to the
Governor in Council, the Minister of National
Defence and the Treasury Board (TB) are found at sections
12 and
13.
....
The authority of the CDS to make rules or issue
prohibitions is found at article 1.23 of the QR&O, a
Governor-in-Council regulation....
BORENSTEIN, Lana, Juris Doctor Candidate, "Researcher, Office of
the Judge Advocate General, Jan 2020 -- Present 3 months, Edmonton
Alberta", source https://ca.linkedin.com/in/lanaborenstein,
accessed 29 March 2020;
Image source:
http://www.dcaf.ch/Publications/Comparative-Perspective-of-Ombudsman-Institutions-for-the-Armed-Forces,
accessed 23 November 2015
BORN, Hans, Aidan Wills and Benjamin S. Buckland, A Comparative
Perspective of Ombudsman Institutions for the Armed Forces,
Geneva: Geneva Centre for the Democratic Control of Armed Forces
(DCAF), 2011, iv, 30 p., BrigadierSeries: Policy Paper; number 34,
ISBN 978-92-9222-157-7; available at http://icoaf.org/pubs/Comparative%20Perspective%20of%20OIAF.pdf
(accessed 23 November 2015); deals with Canada;
Source: warmuseum.ca/collections/gallery/?q=paint+brush&page_num=1&item_num=69&media_irn=21501&mode=artifact&pid=12472,
Painting of Brigadier General J.F.A. Lister
by Major Charles Comfort
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
Image source: https://carleton.ca/sjc/profile/boswell-randy/,
accessed 24 September 2016
Randy Boswell
BOSWELL, Randy, "Executed WWI soldiers get 'dignity': Ottawa expresses sorrow to the families
of 23 Canadians killed for cowardice or desertion", National Post, Dec 12, 2001,
p.A4,
BOUCHARD, Sébastien, "Entrevues éclair [NOM: Sébastien Bouchard]",
Journal ADSUM, 24 octobre 2007, p. 18; disponible à
http://www.journaladsum.com/archives.php (consulté le 12
septembre 2017);
Pressing (and holding) the Ctrl key
and scrolling the
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The interpreter counting (in Pashtou) the money given to
a villager during a shura aimed at compensating the
villager for losses he sustained.
Left to right; Maj Bouchard, Capt Sylvain Falle from
the Battle Group and Capt Catherine Larose from Public
Affairs.
Maj Sebastien Bouchard, from the Office of the Judge
Advocate General, meets with villagers from the province
to distribute money for claims
against the Crown.
About 2,500 Canadian Forces (CF) members are currently
serving as part of Joint Task Force Afghanistan. They play
a key role in the NATO-led
International Security Assistance Force (ISAF)
mission to improve security in Afghanistan and assist in
rebuilding the country.
L'interprête compte en langue Pashtou l'argent donné au
villageois lors de la Shura qui a pour but de dédommager
le villagois des pertes subies par
le villageois. De gauche à droite; Maj Bouchard, Capt
Sylvain Falle du Groupement tactique et Capt Catherine
Larose des Affaires publiques.
Le major Sebastien Bouchard, du cabinet du Juge Avocat
Général rencontre des villageois de la province afin de
rendre des sommes pour certaines
réclamations contre la couronne.
Environ 2 500 membres des Forces canadiennes (FC) sont
actuellement déployés au sein de la Force opérationnelle
interarmées en Afghanistan. Ces
derniers jouent un rôle important dans la mission de la
Force internationale d'assistance à la sécurité (FIAS)
menée par l'OTAN visant à améliorer la
sécurité en Afghanistan et à aider à la reconstruction du
pays.
__________photo de BOUCHARD, Sébastien, major, accompagnant
l'article de Baribeau, Louis, "Ateliers -- Que font les avocats dans
l'armée?", (juillet 2008) 40(7) Journal
du Barreau 13; notes; photo du Lieutenant-colonel André
Dufour et une autre de l'adjudant-chef Pierre Marchand et du major
Sébastien Bouchard; disponible à http://www.barreau.qc.ca/pdf/journal/vol40/200807.pdf
(vérifié le 5 mars 2012);
De la gauche, l’adjudant-chef Pierre Marchand, et le major
Me Sébastien Bouchard
___________photo of BOUCHARD, Sébastien with others:
LCol Sébastien Bouchard is first on the right.
"Office of the JAG@JAGCAFJun
21 [2019] Congratulations to the
members of our Operational and International
Law Division on receiving the Public Safety, Defence and
Immigration Advisory Award 2019 for their work on the
National Security and Intelligence Committee of
Parliamentarians file!"
In the room are planners, engineers, forward
tactical air controllers and observation officers, signalers
(the communications guys),
logistics and intelligence officers and even a lawyer -
Major Sébastien Bouchard from the Judge Advocate General,
there to advise
on the law of armed conflict and the rules of engagement.
"Arguing with a lawyer,"
Major Laforest said with a grin to Major Bouchard, "is
like mud-wrestling with a pig: After a while, you
find that the pig actually likes it."
BOUCHER, Gerald, Captain, of Petawawa, on, "takes over new duties in
the Judge Advocate General's Office", see "People", The Ottawa
Citizen, Wednesday, 9 August 1961 at p. 3;
Carleton University (Ottawa, ON) – Bachelor of Arts
(Major: Criminology, concentration in law)
Community & Volunteer Activities
Jacqueline has been a member of the Canadian Forces
for over 14 years. She is a part-time legal
officer with the Office of the Judge Advocate General
and provides legal advice to reserve units
in New Brunswick and Prince Edward Island.
....
Image
source: ubcpress.ca/the-politics-of-war,
accessed 2 March 2018
BOUCHER, Jean-Christophe, 1976-, and Kim Richard Nossal, The
politics of war: Canada's Afghanistan mission, 2001-14,
Vancouver ; Toronto : UBC Press, [2017], xviii, 282
pages : illustrations, maps ; 24 cm;
Contents
The away game : Canadians in Afghanistan -- The war that
wasn’t : framing the mission -- Home pitch : selling
Afghanistan to Canadians
-- Parliament’s role : laundering the mission -- Don’t
mention the war : electoral politics and bipartisanship -- Detainee games : the politics of distraction
-- Did minority government matter? A counterfactual analysis
-- An unpopular mission : public opinion and Afghanistan
-- The politics of casualties : evaluating the "Trenton
effect" -- Failure to launch : public mobilization and the
war in Afghanistan -- Conclusion : though poppies grow.
[emphasis in bold added; source Hollis Catalogue, Harvard
University]
BOUCHER, J.M., Lt(N), legal officer, member of the OJAG;
BOUDREAU (also GOUIN-BOUDREAU), Suzanne (M.M.S.), was a lawyer and a Major on 31
December 1990
with the OJAG; her
seniority date for that
rank was 1 January
1985 (source:
Canadian Forces Officer's List (Regular)
(Bilingual), A-AD-224-001/AF-001, 31 December 1990; obtained
from DND, Access to Information and Privacy,
file A-2019-00318, 13 February 2020);
Later, he [Colonel Andre Boudreau (Ret’d), 73]
would bring his wife Major Suzanne Gouin-Boudreau (Ret’d) to
visit his favourite place
in Victoria. She studied law at the University of Montreal
and served in the Judge Advocate General Branch of the
Canadian Armed
Forces. Her undergraduate degree in Medieval Studies is from
the University of Ottawa, where she has already donated much
of her
collection of medieval prayer books. The couple’s art
collection will go there as well.
The two share a love of arts, culture and
history. So when the time came to plan their estate,
they agree it should be to support the cultural life of
their schools, which were of as much value to them as the
courses they took.
___________on BOUDREAU, Suzanne, see the numerous entries in, this
bibliography, under GOUIN, Suzanne;
Lise Boulanger, Le Soleil, 19 mai
1977 à la p. A 12.
BOULANGER, Lise, research note: former LCol with the JAG office
and first female military judge;
Publicité publiée, Le Régional, Cahier Outaouais,
26 avril 1989, à la p. 31
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___________sur Lise Boulanger, lire l'article suivant: Presse
canadienne, "Dans l'Armée des centaines d'avortements par année",
La Presse, Montréal, jeudi le 14 décembre 1989 à la p. A12
et disponible au permalien suivant http://collections.banq.qc.ca/ark:/52327/2263463;
Pressing (and holding) the Ctrl
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Jane Boulden, image source: everitas.rmcclub.ca/
ex-cadets-and-more-in-the-news-24/, accessed 5 October 2018
BOULDEN, Jane, "Calling out the troops: the NationalDefenceAct and how it's used"; title noted in my research but
article not consulted (3 July 2016);
BOULTON, John, was a lawyer that was with the OJAG; he was
involved in the 1996 Major Seward court martial appeal case
(Somalia Affair), of R. v. Seward, 1996 CanLII 12042 (CMAC),
<http://canlii.ca/t/ggpqg>;
__________on BOULTON, John, Lieutenant-Colonel, see "Major's trial
goes ahead as defence motion fails", Times--Colonist, 13
May 1994, at p. 1;
A military judge has refused to throw out charges against
an army major charged in the death of a teenager in
Somalia.
Maj. Tony Seward, 40, is charged with unlawfully causing
bodily harm and negligent performance of duty in the
beating death of Shidane Arone last year.
Defence lawyer Lt.-Col. JohnBoulton said Thursday the charges
are based on an order Se ward allegedly gave to his men
that they could abuse prisoners.
In February, Seward appeared as a prosecution witness
against Pte.
Elvin Kyle Brown and said the order referred only to
physical force to be used to capture suspected
infiltrators.
Boulton said if the prosecution believed Seward in
February, they should believe him now. He asked the judge,
Lt.-Col. Jerry Pitzul, to stay - in effect to suspend -
the charges.
[source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview
...., viewed 14 June 2019]
__________on BOULTON, John, Lieutenant-Colonel, see "Major didn't
see drinking, defence says", The Vancouver Sun, 8 April
1995, at p. A2;
CALGARY -- Maj. Ross Wickware isn't guilty of negligence
because he never saw his men drinking and wasn't in
command the day
UN peacekeepers broke alcohol rules at a Serbian
wedding, the defence argued Friday.
``Maj. Wickware never saw anybody drink,'' Lt.-Col. JohnBoulton said in his final
summation to a general court martial hearing.
``There's no evidence anyone drank in front of him. No
officer told anyone else they could drink or have a sip of
beer while on patrol.''
On Monday, Judge Advocate Lt.-Col. Alain Menard is to
review the evidence presented at the court martial and a
five-member military
panel will retire to make its decision.
A simple majority is all that is needed.
If convicted, Wickware, 36, a 19-year veteran of the
Canadian Forces, could face a jail sentence, a
dishonorable discharge, demotion or a reprimand.
[source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview
...., viewed 14 June 2019]
___________on Capt. BOULTON, J.J. was the prosecutor in the
General Court Martial of Major Paul D. Edwards in CFB Moose Jaw in
James Roe, "Pilot faces two negligence charges. Pilots tell
court martial about mid-air crash", The Leader-Post,
Regina, 7 August 1975, at p. 38, available at
https://www.newspapers.com/...., accessed 30 May 2020; defence
counsel was Capt. W.A. Reed and the judge-advocate LCol R.L.
Martin of Ottawa;
___________ Le projet de loi
navale : sa nature, ses conséquences : discours prononcé au
Monument national, le 20 janvier 1910 / Henri Bourassa,
[Montréal : Le Devoir, 1910?], 37 p. ; 22 cm; copy at
Carleton Library, 4th floor, KE6997.B68
LOCAL;
BOURASSA, Kevin, Joe Varnell, "Canadian military approves
gay marriage Staid establishment confirms compliance with law",
Equal Marriage for same-sex couples, 19 January 2005, available
at http://www.samesexmarriage.ca/advocacy/mil190105.htm
(accessed 31 October 2017);
BOURGON, Stéphane, 1961-, "Judgments, Decisions and Other
Relevant Materials Issued by International Courts and Other
International Bodies on Human Rights", (2003) 1(1) Journal
of International Criminal Justice 245-256;
___________ La pénalisation des
infractions au droit international humanitaire, thèse
LL.M., Université de Montréal, 1998, xix, 137 f..; Me
Bourgon est un ancien officier du JAG; stephanebourgon@hotmail.com;
___________“Military
Organisation, Rank Structure and Operations -
Everything You Ever Wanted to Know about the
Military”, The Seventh Defence Symposium, Association
, Association of Defence Counsel Practising Before
the International Criminal Tribunal for the Former
Yugoslavia, ADC-ICTY,
2012, available
at http://adc-icty.org/home/news/adc-news-2012.html
(accessed 20 December 2015);
On
12 April 2012, Defence Counsel and former military
legal advisor to the Canadian Armed Forces Stéphane
Bourgon conducted
a lecture titled “Military Organisation, Rank
Structure and Operations - Everything You Ever Wanted
to Know about the Military”
in the ICTY Pressroom.
*During
the lecture Bourgon discussed the intricacies of
military organization, focusing on the Army of
Republika
Srpska (VRS). He explained the military ranking
system, detailing the differences between commissioned
and
non-commssioned officers, providing a breakdown of
military units and command structure and discussing
the
usefulness of organisational charts as well as the
Principles of War.
Diplômé du
Collège Militaire Royal de Saint-Jean, Stéphane Bourgon
a servi au sein des Forces armées canadiennes,
d’abord en tant qu’Officier de logistique puis à titre
de Conseiller juridique (JAG), pendant plus de 20 ans.
Il s’est
alors spécialisé en droit pénal / criminel ainsi qu’en
droit international humanitaire (droit de la guerre).
En 1995 le Major
Bourgon a fait partie d’un groupe d’experts
internationaux chargé d’enseigner le droit international
humanitaire aux officiers supérieurs du Burundi.
En 1996, le Major
Bourgon est nommé Conseiller juridique auprès du
Commandant de la 2ième Brigade multinationale
en Bosnie- Herzégovine, dans le cadre des opérations de
la Force de mise en oeuvre de l'OTAN (Implementation
Force ou IFOR).
De retour au Canada,
M Bourgon complète sa maîtrise en droit international
(LL.M.) puis se joint en septembre 1998, au
Bureau du Procureur du Tribunal pénal international pour
l'ex-Yougoslavie (TPIY) à titre de Conseiller juridique
– droit international.
En novembre 1999, il
est sélectionné pour occuper le poste de Chef de cabinet
auprès du Président du Tribunal
international,
S.E. Monsieur le Juge Claude Jorda de France, poste
qu’il occupe jusqu’au 31 décembre 2001.
Stéphane Bourgon retourne alors à la
pratique du droit, étant assigné par le Greffier du TPIY à
titre de Conseil de la Défense
du Général Hadžihasanović, anciennement Chef d’État-major
de l’Armée de la République de Bosnie Herzegovine. À ce
jour,
il a été impliqué à titre de Conseil de la Défense dans
sept procès devant le TPIY. Il a représenté entre autres,
le Commandant
en chef de l’armée de Bosnie Herzégovine, le Général Delić
et il est présentement Conseil de la Défense pour l’un des
sept
accusés dans le cadre du méga procès lié au génocide qui
se serait produit à Srebrenica.
En octobre 2003,
puis de nouveau en 2004, Stéphane Bourgon est élu
Président de l’Association des Conseils de la Défense
pratiquant près le TPIY, représentant alors plus de 200
avocats.
En parallèle à sa
carrière de juriste, Stéphane Bourgon enseigne le droit
pénal international à l’Académie des droits de l’homme
et du droit international humanitaire (ADH) à Genève, il
poursuit des études de troisième cycle à l'Université de
Clermond –
Ferrand en France et il est membre de plusieurs
organismes à vocation juridique et humanitaire dont le
Barreau pénal international
(BPI) et l’Association internationale des avocats de la
défense (AIAD).
Stéphane Bourgon est
également un conférencier assidu sur plusieurs sujets
dont entres autres, la justice pénale internationale, la
responsabilité du commandement, le droit applicable à la
conduite des hostilités et les droits des accusés,
victimes et témoins en
droit pénal international.
Image source: http://www.amazon.co.uk, accessed 12 February 2015
___________"La responsabilité des commandants militaires et la
mise en oeuvre du droit international humanitaire", dans, sous la
direction de, de Katia Boustany et Daniel Dormoy, Perspectives
humanitaires entre conflits, droit(s) et action / Réseau Vitoria,
Bruxelles: Bruylant, 2002, 332 p., aux pp. 156-178 (Collection de
droitinternational; 51), (Collection de droit international
(Bruxelles, Belgique);51), ISBN: 2802717421; copie à l'Université
d'Ottawa, FTXGeneral, KZ 6515 .P47 2002;
___________on Stéphane Bourgon, see: Jo Cooper, "Introduction",
Hors-série octobre 2010 Quebec Journal of International Law
1, 2010 CanLIIDocs 375, <http://www.canlii.org/t/sj97>
at p. 9;
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key and scrolling the wheel of
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"Le titre de prestige Avocat émérite (Ad. E.) a été remis à
Stéphane Bourgon
[à droite] par le Bâtonnier du Barreau du Québec, Me Gérald
Tremblay.
___________on Stéphane Bourgon, see HEBDO RIVE NORD . COM, "Me
Stéphane Bourgon reçoit la distinction honorifique Avocat
émérite", publié le 8 juin 2017 et disponible à http://www.hebdorivenord.com/communaute/2010/5/11/me-stephane-bourgon-recoit-la-distinctio-1080230.html
(vérifié le 17 juillet 2017);
BOURRIE, Mark, "Canadian JAG officers go to war", (November 2001)
41 Law Times 3;
Jacques Bousquet
BOUSQUET, Jacques, 1911-, avocat du Québec; "adjudant,
avocat auprès de cours martiales et juge des cours
martiales, avec le grade de major de 1939-1945" voir
l'article: Me Bousquet, candidat de L'Union nationale", Le
Courrier de St-Hyacinthe, vendredi 18 mai 1956 à la p. 1;
disponible à http://collections.banq.qc.ca/ark:/52327/2591821(consulté
le 20 août 2018);
___________sur Jacques Bousquet, on pourra également lire: "Élevé
à la magistrature. Me Jacques Bousquet nommé juge de
district à Montréal", Le Courrier de St-Hyacinthe,
vendredi 22 mars 1957 à la p. 1; disponible à http://collections.banq.qc.ca/ark:/52327/2591865
(consulté le 25 août 2018);
___________sur Jacques Bousquet, on pourra également lire
l'article de Valère Labbé, "Figure Maskoutaine: Jacques Bousquet,
avocat et échevin", Le clairon, 5 mars 1954, à la p. 1,
disponible à http://collections.banq.qc.ca/ark:/52327/3592212
(vérifié le 28 janvier 2019);
Note: extrait seulement de l'article
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Source
de l'image:
sqdi.org/fr/category/activites/conference-katia-boustany/,
vérifié 24 avril 2017
Katia Boustany, 1951-2004
BOUSTANY, Katia, "Brocklebank: A Questionable Decision of the
Court Martial Appeal Court of Canada", (1998) 1 Yearbook of
International Humanitarian Law 371-374.
doi:10.1017/S1389135900000258; titre noté dans mes recherches mais
article non consulté;
___________article by Pierre Boutet in (1994) 33 Revue
de droit militaire et de droit de la guerre 351-355 approx.;
research incomplete as of 14 March 2018;
REPORT bv P. BOUTET
Brigadier-General (Canada) l would like to first thank Dr.
Ybema for his kind introduction and
the invitation to speak to you today on the topic of the
application of military jurisdiction to multinational
forces. lt is a
topic which is of great interest to me as the senior legal
adviser of the Canadian forces, who have, for
many years,
participated in multinational operations and therefore
have had to deal with disciplinary problems
which arise in such situations.
[source: books.google.ca/books?id=lu83AQAAIAAJ&q=%22canadian+forces%22+discipline&dq=%22canadian+forces%22+discipline&hl=en&sa=
X&ved=0ahUKEwiSq5z3tezZAhVM4oMKHYFiAQE4FBDoAQgvMAI,
accessed 14 March 2018]
___________ "Military Justice: A Progress Report on Current
Concerns and Directions for Reform", MJ031A, mentioned in footnote
34, p. 45 of the Report of the Special Advisory Group on
Military Justice and Military Police Investigation Services,
25 March 1997, supra; Brigadier-General Boutet was the
Judge Advocate General from 3 May 1993 to 14 April 1998;
___________on Boutet, Brigadier-General Pierre, see McDONALD, R.
Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at pp. 105,
152-154, 179, 181 and 183 available at 103-242;
___________on Boutet, Pierre, see MALTAIS, Bruno, "Un travail axé
sur le compromis: À quelques jours de son retour au pays, le juge
québécois Pierre Boutet. qui a été à la tête du Tribunal spécial
pour la Sierra Leone pendant six ans, commente son expérience dans
une entevue à Radio-Canada.ca", mise à jour le 9 avril 2009,
disponibel à http://www.radio-canada.ca/nouvelles/International/2009/04/08/006-entrevue-juge-boutet.shtml
(vérifié le 21 février 2015); le Brigadier-général
(retraité) Pierre Boutet est un ancien Juge-avocat général des
Forces canadiennes;
___________on Boutet, Pierre, see RESIDUAL SPECIAL COURT FOR
SIERRA LEONE PUBLIC INFORMATION, "Press Release: Plenary of Judges
Considers Legacy, Charts Way Forward",Freetown, Sierra Leone, 3
December 2015, available at http://www.rscsl.org/Documents/Press/2015/pressrelease-120315.pdf
(accessed 8 July 2016);
The
Plenary approved the finalization of the Appeals Chamber's
major jurisprudential legacy project, a legal
biefing book entitled "Bearing the Greatest
Responsibility: Select Jurisprudence of the Special Court
for Sierra
Leone", which will be launched shortly. The book will be
made available to legal scholars, jurists, and other
courts
as the RSCSL's contribution to the international criminal
justice system.
.....
The Judges re-elected Justice Jon Kamanda as the
RSCSL's Vice-President and elected Justice Pierre Boutet as
Staff
Appeals Judge. Justice Elizabeth Nahamya was elected
Deputy Staff Appeals Judge.
....
The
Residual Special Court for Sierra Leone is responsible for
the ongoing legal obligations of the Special Court for
Sierra
Leone, which concluded its mandate in December 2013. These
include supervision of prison sentences, witness
protection and
support, maintenance and preservation of the archives, and
assistance to national prosecution authorities.
___________photo of Pierre Boutet on You Tube, "Documentary
- Soldiers In A Strange Land (6/6)", at 2:27 / 5:39, available
at https://www.youtube.com/watch?v=7aDUMRzDa6g
(accessed 17 September 2020);
BGen Pierre Boutet, left and in the center the CDS,
Admiral Anderson.
___________photo récente de Pierre Boutet:
"Office of the JAG@JAGCAF12h12
hours ago In her first role
as our new honorary, HCapt(N)
McLachlin moderated a panel yesterday of JAGs former and
current on Learning From Our
Past To Position For The Future. BGen(Ret’d) Boutet
[second from left], MGen(Ret’d) Pitzul,
BGen(Ret’d) Watkin, MGen(Ret’d) Cathcart and Cmdre
Bernatchez took part." (from JAG Twitter,
accessed 22 June 2018)
---------
Pierre Boutet, Course de tricycles de
Centreaide
Pierre Boutet comme Juge militaire en
chef
Visite de Pierre Boutet, au centre, au JAG de la U.S. Army, le MGen
John L. Fugh
1996-1997
___________ Quelques photos de Pierre Boutet provenant du JAG
Newsletter -- Bulletin d'actualités, volume 1,
janvier-février 1998
Pierre Boutet, image source: http://www.rscsl.org/Trial_Chamber_I.html
, accessed on 8 November 2014
__________"Summary Trial Reform: AFC Progress Report -
Overheads", MJ031B, mentioned in footnote 33, p. 45 of the Report
of the Special Advisory Group on Military Justice and Military
Police Investigation Services, 25 March 1997, supra;
The Roster of Judges consists of no fewer than 16
Judges, ten of whom are appointed by the Secretary-General
of the United Nations
and six by the Government of Sierra Leone. The Judges
appoint the President of the Special Court, who may assign
Judges to a Trial
Chamber or an Appeals Chamber, should the need arise.
--------
Justice Pierre G. Boutet served as a Judge of the Special
Court for Sierra Leone from 2002 to 2009. Prior to his
appointment as a Special
Court Judge, Justice Pierre G. Boutet had served in the
Canadian Forces as a Legal Officer occupying various
positions and completed
his career at the rank of Brigadier-General. In 1982,
Justice Boutet became a Military Judge, assumed the position
of Deputy Chief Military
Trial Judge in 1986 and was appointed Chief Military Trial
Judge in 1987. As a Judge, he participated in and presided
over numerous trials
in Canada and in many other parts of the world, particularly
in Europe and the Middle East. In 1993, on promotion, he
became the Judge
Advocate General (JAG) of the Canadian Forces and was
responsible for the provision of legal advice and legal
services to the Department
of National Defence and the Canadian Forces. He used his
position to increase awareness of international humanitarian
law in the Canadian
Forces and in Canada. He has been a member of the Board of
Directors of the International Society for Military Law and
the Law of War since
1996. He was appointed a Judge of the Residual Special Court
for Sierra Leone in 2013.
Image
Source: theadvocatesforhumanrights.org/slideshow/94847115867c4470acd2a16ee835da1e/sierra_leone_photo_gallery,
accessed 12 October 2017
The Special Court for Sierra Leone; Pierre Boutet, second from the
left
-------- source : www.theglobeandmail.com/news/national/quebec-soldier-says-he-never-sexually-assaulted-female-soldier-after-party/article20072029/
Philippe-Luc Boutin, photo source: ---------- Me
Boutin, avocat de la défense, dans un procès qui a fait couler
beaucoup d'encre www.cbc.ca/player/Embedded-Only/News/Manitoba/ID/2350749934/,
accessed on 23 avril 2014
BOUTIN, Luc (Philippe-Luc), Le fondement juridique de l'usage
interne de la force militaire en temps de paix au Canada,
thèse pour le grade de maîtrise de droit (LL.M.), Université
d'Ottawa, 1997, vi, 112 p.; disponible à https://web5.uottawa.ca/xmlui/handle/10393/10380
(vérifié le 17 avril 2009);
___________on BOUTIN, Luc, Major, see McDONALD, R. Arthur, (Ronald
Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office
of the Judge Advocate General, c2002, at pages 174-175 (Rwanda),
available at 103-242;
___________on Boutin, Luc, see CBC NEWS MANITOBA, "Ex-soldier avoids
jail time for fatal training accident: Paul Ravensdale convicted of
4 charges related to fatal Afghanistan incident", CBC News, 19 March
2013, Note: "With files from CBC's Chris Glover and The Canadian
Press"; available at http://www.cbc.ca/news/canada/manitoba/ex-soldier-avoids-jail-time-for-fatal-training-accident-1.1328258
(accessed 8 June 2016);
BOUTIN, Pierre, avocat, Lieutenant-commandant dans la marine
durant la seconde guerre mondiale, voir "Nos militaires se
récréent outre-mer", Le devoir, Montréal, jeudi, 28 décembre
1944 at p. 2, available at http://collections.banq.qc.ca/ark:/52327/2805454,
accessed 24 July 2018;
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
"The Sarajevo Op Justice Team. Back row, from left: Maj
Van Veen, Sgt Lamothe,
WO Murray-Ford, MCpl McCoomb, LCol Carter, PO Ross. Front
row: Maj Boutin,
Cdr Fenrick" (text and image from McDONALD, R. Arthur
McDonald, Canada's
Military Lawyers, Ottawa : Office of the Judge Advocate
General, c2002, at p. 169 available at pp. 103-242.
___________on BOUTIN, Pierre, Major, see MURRAY-FORD, S.,"OP
Justice", The Thunderbird Journal, Number 2, 1994,
at pp. 3-6; available at http://www.cmpa-apmc.org/uploads/7/1/9/7/71970193/1994_no._2_thunderbird_journal_en.pdf
(accessed 12 November 2017); re Maj. L. Boutin, Maj. A. Vanveen,
LCol K.S. Carter part of the mission OP Justice" investigating war
crimes in former Republic of Yugoslavia;
BOUVIER, Patrick, 1976-, "Ambiguïtés et justice militaire
canadienne : brève analyse des failles dans l’application du Army
Act (1914-1918)", (printemps-été 2004) 12(3) Bulletin
d’histoire politique 133-143; disponible
à https://www.erudit.org/en/journals/bhp/2004-v12-n3-bhp04657/1060724ar/
(site consulté le 18 décembre 2020);
___________Déserteurs et insoumis : les Canadiens français et
la justice militaire, 1914-1918, Outremont, Québec : Athéna,
2003, 149 p., (Collection; Collection Histoire militaire),
ISBN: 2922865193; note: "Tiré d'un mémoire de maîtrise en histoire
intitulé Première guerre mondiale, justice militaire et désertion
des Canadiens français."--Verso de p. de t.; copie à l'Université
d'Ottawa, MRT General, D 639 .D53 B68 2003; titre noté dans mes
recherches mais livre pas encore consulté (18 mars 2004); ****
Contents
Avant-propos – Introduction. De la terminologie utilisée. Des
objectifs visés par cette étude. De la structure envisagée et des
sources choisies.
Des limites méthodologiques de cette étude – 1. La désertion dans
l’historiographie. Les historiographies française et britannique.
La justice
militaire française – Les armées de l’Empire britannique – La
situation canadienne lors de la Première Guerre mondiale.
L’analyse des
événements – La question de la désertion – 2. Législation
militaire et Première Guerre mondiale. La Loi de la Milice de
1904. La Loi sur les
Mesures de guerre de 1914. La Loi concernant le Service militaire
de 1917. L’Army Act britannique. L’organisation et le
fonctionnement des
cours martiales. Peine de mort. Une brève analyse du
fonctionnement des cours martiales – 3. Réfracteurs au Québec
durant la Première Guerre
mondiale. L’entrée en guerre : positionnement des réfractaires.
Une entrée en guerre enthousiaste – La question du Règlement 17
concernant
les écoles française ontariennes – La conscription : explosion du
nombre de réfractaires. La réaction des élites réfractaires. La
réaction des
masses populaires : les émeutes éclatent – Les exemptions : une
vague d’insoumission populaire détournée? – La participation
canadienne-française
dans le Corps expéditionnaire canadien. La question linguistique –
Les question des insoumis : réfractaires illégaux – 4. La
désertion des
Canadiens français. Ébauche d’une étude démographique des présumés
déserteurs. Provenance des présumés déserteurs – Âge des présumés
déserteurs à l’enrôlement et à la désertion – Répartition des
présumés déserteurs dans le CFC – La justice militaire et les
déserteurs. Les déserteurs
étrangers. La question des fusillés. La situation des déserteurs
européens et américains : une base comparative -- Conclusion
[source: http://ares.cfc.forces.gc.ca/rooms/portal/media-type/html/language/en/country/US/user/anon/page/Sirsi_AdvancedCatalogSearch,
vérifié le 1er janvier 2011]
Source de la photo: cssdm.gouv.qc.ca/wp-content/uploads/Information-sur-les-candidats-%C 3%A0-la-CSDM.pdf,
consulté 18 décembre 2020
___________Première guerre mondiale, justice militaire et
désertion des canadiens français, Montréal : Université du
Québec à Montréal, 2003, vi, 136 f., mémoire de maîtrise en
histoire; thèse sous la direction de Robert Comeau;
Image
source: https://ca.linkedin.com/in/bradley-bouzane-58bb452b,
accessed 24 September 2016
Bradley Bouzane
Image
source:
www.archives.mcgill.ca/public/exhibits/mcgillremembers/results.asp?id=376,
accessed 15 August 2017
Wilfrid Bovey, Montreal Gazette, 13 February 1942
By the end of 1915 the Canadian forces in Britain
had become so large that Sir Sam Hughes decided on another
step. Completely on his own
authority, he set up what he named the “Sub-Militia
Council”. The Militia Council of those days was a highly
honoured body consisting of the
Chief of the General Staff, the Adjutant-General,
Quartermaster-General, etc. The Minister decided that the
Sub-Militia Council should have its
“acting Chief of the General Staff”, “acting
Adjutant-General”, “acting Quartermaster-General”, “acting
Director of Supply and Transport”, and
even an “acting Deputy Minister” who was chairman. My job in
those days was to be “acting Assistant Adjutant-General”.
The Minister took
over a large new building in London named Argyll House in
which to house the large staff which these new officers
would need.
Such a headquarters was indeed necessary to ensure at
least some Canadian control of Canadian troops in Britain.
Its authority was rather
shadowy; it really had no legal status and some quaint
things happened. When all the “acting” appointments were
decided upon they had
to get into the LondonGazette to have
any force. I was handed a list of the names on an unsigned
piece of paper and told to “put these
through”. Quite naturally, I said that it could not be
done without the Minister’s authority. The officer who had
handed it to me finally
took it away and brought it back marked “O.K., S.H.”. He
said as he did so, “Of course if you were to make a
mistake and make us
‘confirmed’ instead of ‘acting’ we would not say
anything.”
“Sir”, said I, the acting A.A.G., “we don’t make
mistakes.” “We” did not. The Minister’s initials satisfied
the British Eastern Command
and the acting appointments went through.
As might have been expected, there were muddles very soon
between the two Canadian offices. I was once sent for by
Sir George Perley,
the Canadian High Commissioner to Britain, and found him
sitting at his desk. Opposite him was Sir Max Aitken, now
Lord Beaverbrook,
who had in front of him a cable from the Minister (who had
returned to Canada), reading: “Carson has appointed
Maurice Alexander Assistant
Judge Advocate-General, Macrae has appointed John Lash
Deputy Judge Advocate-General, see Perley and straighten
this out.”
SOME TANGLE!
The two Judge Advocates were young lawyers, the first
from Montreal, the second from Toronto. Macrae was the
“acting Deputy Minister.”
The tangle certainly needed “straightening out”, for when
one Judge Advocate had a certain officer put in close
arrest the other, who was a
personal friend, had him released! John Lash carried on
and later came to France as a “Court Martial Officer” and
Alexander joined the
staff of the British Foreign Office. He later became a
junior Treasury Counsel in England and a great friend of
Lloyd George, the wartime
Prime Minister, who, I believe, found Alexander very
helpful in solving some of his personal problems.
Not long after we heard that Sir George Perley had been
appointed Minister of Overseas Military Forces of Canada,
a position in which he
was later succeeded by Sir Edward Kemp, and very soon the
Argyll House headquarters was completely and officially
reorganized. We
were told later that Sir Sam Hughes was considered to have
greatly exceeded his powers, mainly by setting up his
Sub-Militia Council.
Sam Hughes had been eclipsed. But no condemnation,
justified or not, of these later actions should make us
forget the tremendous service
he rendered in getting so many Canadians overseas at so
unbelievable a speed.
BOYCE, H.B.P., Captain, General List was the legal officer in
military district number 12 in Regina in 1944, see The
Quarterly Army
List, January
1944, Part I,
London: His
Majesty's Stationery
Office, 1944 at p.
173 (bottom page
number) or p. 183
(top page number),
available at https://deriv.nls.uk/dcn23/8897/88977987.23.pdf
(accessed 21 March
2019); the
Assistant Judge Advocate General with him was Major T.P.
Davidson, see same page;
____________on BOYCE, H.B.P., see Photo and article "Bar
Association Honors Boyce", Star-Phoenix, Saskatoon, 26
April 1958, at p., available at p. 3, accessed 13 June 2020;
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
___________on BOYCE, H.B.P., Captain, legal officer, see "Captain
Boyce Resumes Position as Sheriff", Star-Phoenix,
Saskatoon, Wednesday, 13 September 1944, at p. 3; available at
https://www.newspapers.com/image/...., accessed 18 May 2020;
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
Image
source: twitter.com/huguetteyoung?lang=en, accessed 5 July 2017
Huguette Young
BOYLE, Jean, Général et chef de la défense nationale, voir YOUNG,
Huguette, "Collenette réitère son appui à Boyle", La
Presse, 28 août 1996, à la p. C-6, disponible à http://collections.banq.qc.ca:81/lapresse/src/cahiers/1996/08/28/03/82812_1996082803.pdf
(vérifié le 24 janvier 2017);
Le général Boyle a admis qu'il y avait une
perception que le système de justice militaire n'était pas
indépendant.
Il a précisé que le juge-avocat général n'était pas son
avocat, mais qu'il lui avait donné des conseils pour l'aider
à
préparer son témoignage devant la commission d'enquête.
« Il est mon conseiller mais il relève du ministre de la
Défense. C'est une nomination du gouvernement du
Canada,
il ne fait que me conseiller. Je ne peux pas donner des
ordres au juge-avocat général. »
BOWDEN, James W. J., "The Demise of Responsible Government
and the Crown Prerogative on Defence -- Perilous of Responsible
Government and the Crown Prerogative on Defence", Parliamentum, posted on 26
February 2012; available at http://parliamentum.org/2012/02/26/crown-prerogative-on-defence/
(accessed on 12 March 2012);
BRADLEY, J. Peter and Shaun P. Tymchuk, "Assessing and Managing
Ethical Risk in Defence", (Autumn 2013) 13(4) Canadian
Military Journal 6-16; available at : http://www.journal.forces.gc.ca/vol13/no4/PDF/CMJ134E.pdf,
accessed 2 November 2015; FRANÇAIS :
BRADLEY, J. Peter and Shaun P. Tymchuk, "Évaluer et gérer le
risque éthique à la défense", (automne 2013) 13(4) Revue
militaire canadienne 6-16; disponible à http://www.journal.forces.gc.ca/vol13/no4/PDF/CMJ134F.pdf
(vérifié 2 novembre 2015);
BRADLEY, Peter, "Is Battlefield Mercy Killing Morally
Justifiable?", Canadian
Military Journal, vol. 11, number 1, available at http://www.journal.forces.gc.ca/vo11/no1/04-bradley-eng.asp
(accessed on 21 January 2012); FRANÇAIS :
BRADLEY, Peter, "Est-il justifiable du point de vue moral
d'achever un blessé par pitié sur le champ de bataille?", Revue militaire canadienne,
vol. 11, numéro 1, disponible à http://www.journal.forces.gc.ca/vo11/no1/04-bradley-fra.asp
(vérifié le 21 janvier 2012);
BRADY, Brian H., "The North Atlantic Treaty Organization Legal
Advisor: A Primer", (October 2013) The Army Lawyer 4-25;
available at http://www.loc.gov/rr/frd/Military_Law/pdf/10-2013.pdf
(accessed 13 February 2015);
Image
source: https://twitter.com/mattbraga, accessed 21 June 2017
Matthew Braga
The Canadian government is proposing new
legislation that, for the first time, would explicitly
define how and when the country's digital
spies can hack into computer networks and infrastructure
around the world.
If accepted, the Communications Security Establishment
Act would expand the spy agency's mandate to include two
types of "foreign
cyber operations" — attack and defence — and introduce new
authorizations that would codify many of the operations
the agency
already conducts.
BRAHAM, Mike, "Endeavouring to Protect Life and Property: A
Canadian Approach to Integrated and Comprehensive Emergency
Management", (Winter 1996) 11(2) The Australian Journal
of Emergency Management 14-26;
Robert Brain is the Vice President and General
Counsel of the Legal Department for the Domestic and
International Operations of Redknee
Solutions Inc. (TSX:RKN) (“Redknee”). Mr. Brain
oversees the delivery of all legal services in support of
all Redknee business activities
throughout the world, which includes but is not limited to:
Corporate Governance and Regulatory Compliance, Mergers and
Acquisitions,
Contract review and negotiation, Intellectual Property,
Employment, and Litigation matters. As part of his
role with Redknee, Mr. Brain is
a member of the Senior Leadership Team and part of a
plethora of Committees. Mr. Brain also currently works
with Office of the Judge
Advocate General, as a senior Military Lawyer.
[source: zsa.ca/blog/2014/06/8-questions-with-robert-brain/#.WjAK53lryUk,
accessed 12 December 2017]
Mr. Brain is a practicing lawyer and
currently works as a Deputy Judge Advocate with the Office
of the Judge
Advocate General. He has over 29 years of service with the
Canadian Armed Forces. He also has over 16 years
of legal and executive experience while previously working
as the Chief Legal Officer for private and publicly
traded international corporations, such as Huawei,
Redknee, Infor and Workbrain, where he was entrusted to
advise on and manage all legal issues for his clients.
Robert is also active in the community and sits on a
number of Boards and Committees. Robert holds a B.A.
(Hons.) in Law and Society from York
University, a
LL.B. from the University of Windsor,
and is called to the Ontario Bar.
Ontario has appointed 10 new justices of the peace to
the Ontario Court of Justice, effective February 27, 2020.
Justice of the Peace Robert Stuart Gordon
Brain has a Bachelor of Laws degree from
the University of
Windsor. He was called to the bar in Ontario in 2002.
Justice of the Peace Brain has worked as the Chief
Legal Officer for a variety of publicly traded companies
over the past 17 years, most recently as Vice
President of Legal Services at Enghouse Software Limited.
He has also worked with the Canadian Armed
Forces (CAF) Reserves since 1989 and has served as Major
and Deputy Judge Advocate at the Office
of the Judge Advocate General (JAG) in the CAF since 2003.
His volunteer work includes sitting on the
building committee of Habitat for Humanity and serving as
a board member at the John Cooper Learning
Centre, which supports children with learning disabilities
and other challenges. In 2017, Justice of the
Peace Brain received the JAG Award of Excellence from the
CAF.
Associate Chief Justice-Coordinator of Justices of the
Peace Sharon Nicklas has assigned Justice of the
Peace Brain to Toronto.
BRAIS, Colonel Guy Laurent, 1946-2015, "The Canadian Military
Justice System / Le système canadien de justice militaire"
(Winter 1999 hiver), 23(3)
Provincial Judges' Journal des juges provinciaux
8-17; text in English and French; Guy Brauis died on 5 October
2015 in Montréal;
____________Bibliographical military notes mon Colonel Guy Brais:
BIOGRAPHY
Colonel Guy Laurent Brais, CD 1
Colonel Brais was born in Minto, N.B. on 3
March 1946. He completed his B.A. and law degree in
Quebec City in June 1971. He is a graduate of Laval
University
and was admitted to the Barreau du Québec in August
1972.
Militarily, Colonel Brais joined the
Canadian Forces and the Office of the Judge Advocate
General in October 1972. After a short tour at National
Defence
Headquarters and basic Officer training in Chilliwack
that ended in May 1973, he was posted to Lahr, Germany
where he served as a military legal adviser until August
1976.
He was promoted to the rank of Major in
October 1976 while serving with the Directorate of
Personnel Legal Services at National Defence
Headquarters. He was posted to
Maritime Command in Halifax as Deputy Judge Advocate in
1978 and to Canadian Forces Base Gagetown in 1980.
After promotion to the rank of
Lieutenant-Colonel in September 1981, he assumed the
duties of Deputy Chief Military Judge until August 1984.
He then assumed the
appointment of Assistant Judge Advocate General Europe
in Lahr, Germany until the summer of 1987 when he
transferred to Montreal as Assistant Judge Advocate
General at the Land Force Headquarters.
In 1990, upon his return to Ottawa, he
served as Deputy Chief Military Trial Judge. After
promotion to his present rank in August 1991, he became
the Deputy Judge
Advocate General/Advisory.
On 16 August 1993, the Minister of
National Defence appointed him Chief Military Trial
Judge for a period of 4 years, and renewed his
appointment until 2 March 2001.
[source:
http://web.archive.org/web/20000818183417/http://www.dnd.ca:80/cmj/bios/brais_e.htm,
accessed 2 January 2017]
------
Le Colonel Guy Laurent Brais, CD 1
Le colonel Brais est né à Minto, N.-B. le 3 mars 1946.
Il a complété son baccalauréat ès arts et sa licence en
droit à Québec en juin 1971.
Il est un diplômé de l'Université Laval et fut admis au
Barreau du Québec en août 1972.
Du point de vue militaire, le colonel Brais s'est enrôlé
comme membre du Bureau du Juge-avocat général des Forces
canadiennes en
octobre 1972. Après quelques mois au Quartier-général de
la Défense nationale et une période d'entraînement à
Chilliwack jusqu'en
mai 1973, il fut alors muté à Lahr en Allemagne comme
conseiller juridique militaire jusqu'en août 1976.
Il fut promu au grade de major en octobre 1976 alors
qu'il était membre du bureau du Directeur - Service
juridique du personnel au
Quartier-général de la Défense nationale. Il fut transféré
au Commandement maritime à Halifax comme juge-avocat
adjoint en 1978
et à la Base des Forces canadiennes Gagetown en
1980.
À la suite de sa promotion au grade de
lieutenant-colonel en septembre 1981, il fut nommé Juge en
chef adjoint jusqu'en août 1984
lorsqu'il devint Assistant du Juge-avocat général pour
l'Europe à Lahr en Allemagne. À l'été 1987, il fut muté à
Montréal comme
Assistant du Juge-avocat général au quartier général de la
Force terrestre.
À son retour à Ottawa en 1990, il fut nommé à nouveau
Juge militaire en chef adjoint. Après sa promotion à son
grade actuel en août
1991, il devint Juge-avocat général adjoint/Consultations.
___________on Brais, Colonel Guy, see McDONALD, R. Arthur, (Ronald
Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office
of the Judge Advocate General, c2002, at pp. 106, 164, 179, 184
available at 103-242;
___________on Brais, Guy, Major, was defence counsel in the
General Court Martial sex case of padre Captain McRAE, Angus
Alexander, CFB Edmonton, 15-18 July 1980, see the transcript
of this General Court Martial at https://cfbnamao.files.wordpress.com/2020/11/a-2019-00017_transcript.pdf
(accessed 4 November 2020); the transcript was obtained by an
Access to Information Act request, DND, number
A0610347_265-A-2019-00017-00265; this is the number that appears
at the bottom of each page; the judge-Advocate was LCol J.B.
Fay and the prosecutor Major D.J. Boan;
___________Photos of Guy Brais:
" Court Martial president Col. Guy Brais (right)
passes in front of Lt.-Col. Luc
Boulanger (left) who stands at attention on
Tuesday, June 22, 1999 in Montreal.
Boulanger, a reserve officer, has been fined
$1,500 for inappropriate conduct
and undermining his authority by having a subordinate
expose her breasts for him.
Man in center is unidentified. / Le president de la cour
martiale, le colonel Guy
Brais (droite), a reprimande le lieutenant-colonel Luc
Boulanger (a gauche), le 22
juin 1999 a Montreal. Boulanger a ete condamne a une
amende de 1500 $ assortie
d'un blame pour conduite inappropriee envers une
subalterne. /Journal de Montreal-
Raynald Leblanc) QMI AGENCY" (image source: http://qmiphotos.photoshelter.com/ image/I0000L1Pe6uiWC4A,
accessed 9 February 2015); Filename:
JDMARK1762.jpg Copyright QMI
Agency
[research note by François Lareau : photo by Raynald
Leblanc/CP appeared with the article "Reserve
officer ordered wowan to expose breasts", The
Vancouver Sun, 23 June 1999 at p. A9]
Cette photo provient de l'article de PARÉ,
Isabelle, "La justice militaire :
Les avocats dans les Forces armées", (janvier 1990) 2(1)
Maîtres 10-15;
disponible à lareau-law.ca/Barreau1990.pdf
(mis en ligne le 30 mars 2018).
BRANNAGAN, Craig, "The Copenhagen Process on the Handling of
Detainees in International Military Operations: A Canadian
Perspective on the Challenges and Goals of Humane Warfare",
(Winter 2010) 15(3) Journal of
Conflict & Security Law 501-532;
Abstract
The face of war has changed significantly since the end of the
Second World War, and it will in all likelihood continue to do
so. The apparent historical
trend of warfare has shifted from the international, to the
internal, to the internationalized. Yet despite the constant
evolution in the kinds of wars that
humans and States wage against one another, international
law—and international humanitarian law (IHL), in
particular—has remained relatively
ineffective in keeping pace with the legal demands of
post-modern warfare. To date, the emergence of terrorist
cells, ‘enemy combatants’, and other
strictly non-State actors involved in armed conflicts around
the globe have proved to be elusive categories to the
antiquated legal distinctions present
in the vast body of IHL, grounded primarily upon the four Geneva
Conventions and their Additional Protocols.
The Copenhagen Process on the Handling
of Detainees in International Military Operations is a
promising attempt to remedy this seeming legal vacuum.
Comparing and contrasting the practices
of the Canadian and Danish military forces handling of
detainees while operating in Afghanistan, this article
suggests that the Copenhagen Process,
although not a ‘perfect’ system of inclusivity and
transparency, is nevertheless a meritorious development in the
evolution of IHL that should be supported
by all those with an interest in preserving the dignity and
well-being of those most deleteriously affected by the threats
of warfare—the human beings on
the ground.
[source: http://jcsl.oxfordjournals.org/content/15/3/501.abstract?sid=bb52b0ee-8ae9-4ac8-9ec0-7f6f65a802af,
accessed on 14 May 2014]
BRANNAGAN, Craig, Christopher Water, "ICRC Privilege in Canada",
(2016) Canadian Yearbook of International Law;
Abstract
This article explores whether the International Committee
of the Red Cross (ICRC) enjoys testimonial privilege
before Canadian courts.
The authors argue that there is strong evidence to suggest
that customary international law requires that the ICRC be
granted a privilege
not to testify or disclose confidential information in
domestic court proceedings. Such a privilege, they argue,
is entailed by the ICRC’s
mandate to engage in international humanitarian law
protection activities using confidential means. Given that
customary international
law forms part of the common law in Canada, the authors
argue that this privilege should be recognized by Canadian
courts despite its
potentially uneasy fit with traditional Canadian evidence
law.
[source: http://www.uwindsor.ca/law/857/icrc-privilege-canada,
accessed 29 September 2016]
......
Résumé
Résumé
Cet article cherche à savoir si le Comité
international de la Croix-Rouge (CICR) bénéficie d’un
privilège de ne pas témoigner devant les
tribunaux canadiens. Les auteurs font valoir qu’il
existe de fortes raisons de croire que le droit
international coutumier exige que le CICR
soit accordé un privilège ni de témoigner ni de
divulguer des informations confidentielles devant les
instances nationales. Un tel privilège,
affirment-ils, découle du mandat du CICR de se livrer
à des activités de protection, en vertu du droit
international humanitaire, à l’aide de
moyens confidentiels. Étant donné que le droit
international coutumier fait partie de la common law
au Canada, les auteurs affirment que
ce privilège devrait être reconnu par les tribunaux
canadiens en dépit du fait qu’il soit potentiellement
mal-adapté au droit canadien de la
preuve existant.
[source: cambridge.org/core/journals/canadian-yearbook-of-international-law-annuaire-canadien-de-droit-international/article/icrc-privilege-in-canada/FBAFBA42A8 C87ABCED8B158232FBB218,
accessed 29 September 2016]
Image
source: , accessed 24 September 2016
Duane Bratt
BRATT, Duane, "Review Essay. Crisis in the Canadian
Military: Bercusson, David. Significant Incident: Canada's
Army, the Airborne, and the Murder in Somalia. Toronto:
McClelland and Stewart, 1996. Taylor, Scott and Brian Nolan.
Tarnished Brass: Crime and Corruption in the Canadian
Military. Toronto: Lester, 1996", (Fall 1997) 17(2) The Journal of Conflict Studies;
available at http://journals.hil.unb.ca/index.php/JCS/article/view/11758/12536
(accessed on 6 January 2012);
"Kurt Meyer (centre, no hat, back to camera) stands in the
courtroom before the Canadian judges
(l.-r.): BrigadierJ.A. Roberts; Brigadier H.A. Sparling; Lieutenant-Colonel W.B. Bredin (judge advocate); Major-General Harry W. Foster ( p r
e s i d e n t ); B r i g a d i er Ian S. Johnston;
and Brigadier Henry P. Bell-Irving...Library and Archives Canada
PA 140575.", source: http://scholars.wlu.ca/cgi/viewcontent.cgi?article=1653&context=cmh,
accessed 25 June 2018
BREDIN, William Bruce, 1902-1948, LCol, from Victoria, former
member of the OJAG;
- called to the British Columbia Bar
in January 1926, see stalbans-heritage.daisy.websds.net/Filename.ashx?systemFileName=SAJ1931july.pdf&origFilename=SAJ1931july.pdf,
accessed 2 May 2016;
- "W.B. Bredin
(O.A.1920) writes from British Columbia:—"I was called to
the Bar of British Columbia in January, 1926, having-managed
to pass first in all the Law Examinations. I have since been
practising in Kamloops and, after 1928, at Kelowna. 1
am in a good firm, and prospects for the future are bright.
....", The Albanian, July 1931, at p. 408, available
at http://stalbans-heritage.daisy.websds.net/Filename.ashx?systemFileName=SAJ1931july.pdf&origFilename=SAJ1931july.pdf
(accessed 2 February 2019);
- on BREDIN, William Bruce, see "Ex-Okanagan Barrister Dies
Overseas", The Province, Vancouver, Wednesday, 7
April 1948, available at https://www.newspapers.com/....,
accessed 13 June 2020;
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
___________The Blue Book: Guide to Military Law in the Field
For the Canadian Army Overseas [textual records], September
1942, manuscript : 1 ; typescript ; 34.5 x 21.22 x 2 cm; copy at
Canadian War Museum, CWM ARCHIVES / ARCHIVES DU MCG : Textual
Records 58A 1 292.3; control number: 20120128-003; note: For
use and reproduction terms, please consult Canadian War Museum;
Summary
A handbook issued to military personnel of the Canadian Army
Overseas in the administration
of military law in the field. On the front cover of the book
is the title "Supplement to C.A.S.F
Routine Orders (Overseas), with a brown piece of paper over
the title with "Not to be Published.
The information given in this document is not to be
communicated, either directly or indirectly,
to the Press or to any person not holding an official
position in His Majesty's Service." The book
covers areas of arrest, investigation of charges, summary of
evidence, charge sheet, application
for court martial, preliminaries before trial by F.G.C.M,
trial by G.C.M and proceedings after
trial by court-martial. There are handwritten notes made by
Lt. Col. William Bruce Bredin
throughout the book. There is also an appendix and an index.
____________The Defence Forces of Canada [textual
records], ca. 1945], manucript : 2 ; typescript ; 34.5 x 22 x 1
cm.; copy at CWM ARCHIVES / ARCHIVES DU MCG : Textual Records 58A
1 292.2;
___________on BREDIN, Lieutenant-Colonel W.B., see McDONALD,
R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at pp. 62
and 64 available at i-xii and 1-102;
__________ Record of Proceedings of the Trial by
Canadian Military Court of S. S. Brigadefuhrer (Major-General)
Kurt Meyer held at Aurich, Germany 10-28 December, 1945. Volume
I, II, III [textual records], 10 Dec. 1945 - 28 Dec.
1945, Manuscript : 3 ; typescript ; 35.4 x 21 x 4 cm., CWM
ARCHIVES / ARCHIVES DU MCG : Textual Records 58A 1 292.1;
Summary
These three volumes contain the Canadian Military trial of
Kurt Meyer with Lt. Col. William Bruce
Bredin as Vice Judge Advocate General with DJAG 3 Increment
"B" (CAOF), Canadian JAG Overseas.
Volume 1 contains the convening order, first charge sheet,
second charge sheet, table of contents, list
of exhibits and the proceeding pages 1 - 431. The
proceedings covered in volume 1 are examinations of
German soldiers under Meyer's order in regards to Canadian
Prisoners of War (POWs), Canadian soldiers
coming across the deceased Canadian POWs and the forensic
pathology examinations of the deceased soldiers.
Volume 2 of the trail contains further forensic pathology
examinations, the examination and cross-examination
of Kurt Meyer and any German soldiers who had close
association with him during World War II and the
verdict. Volume 3 contains exhibit/evidence pertaining to
the trial. Manuscripts in the book are; Certification
of Kurt Meyer by Doctor being fit for trial, No 1 Canadian
War Crimes Investigation Unit, Miscellaneous
Organizational Data and Plans for Trial of Brigadefuhrer
Kurt Meyer containing Table of Equivalent British
Wehrmacht and Waffen SS Ranks, Table of Equivalent British
and German Army Units table showing units
composing 12ss Pz Div(HJ), Detailed Table of Equivalents
British and Waffen SS Units, Plan of Area of
Abbaye Ardenae, Normandy, France and Plan of Area of village
of Moen, Normandy, France. Folder in the
booklet contains maps of Caen Area, Normandy, France (Caen,
Thaon, Auistreham), and newspaper article
from "The Maple Leaf" for the Canadian Occupation Forces
Overseas Vol. 5 No. 52, Tuesday January 15
1946 titled "Kurt Meyer will Not Die, Gets Life
Imprisonment". Evidence used in the trail such as copies of
speeches, orders, witness statements, maps and a total of 41
black and white photographs of areas where
civilians found the Canadian bodies and the medical
examinations performed on bodies to determine cause of
death which includes the dental and medical reports.
[source, in catalogue of CWM: https://catalogue.warmuseum.ca/musvw/FullBB.csp?WebAction=ShowFullBB&EncodedRequest= *B3Go*AB*C5*99*1F*E7*E4*DC*F2*91*87w*90*EF&Profile=Profile36&OpacLanguage=eng&NumberToRetrieve=50&StartValue= 1&WebPageNr=1&SearchTerm1=BREDIN%20WILLIAM%20BRUCELIEUTENANT%20COLONEL1902%201948%20.1.410529&Search T1=&Index1=1*Keywordsbib&SearchMethod=Find_2&ItemNr=1,
accessed 24 May 2019]
___________see also this bibliography under MEYER, Kurt; and
MacDONALD, B.J.S. (Bruce John Stuart);
BRENNAGH, J.F. (Jack Frederick/Jack), 1917-1996,
Lieutenant-Colonel and Legal Officer in 1969, see Canadian
Forces Officers' List (Regular), 1969, available at https://navalandmilitarymuseum.org/sites/default/files/pdf/Navy_List_1969_March_400_dpi.pdf
(accessed 17 August 2018); born in Fort William on 19 Dec 1917 and
died in Ottawa on 31 August 1996, see http://billbuchanan.x10.mx/ourfamily/pafg415.htm
(accessed 17 August 2018); note: when I started at the OJAG in
1974, Mr. Brennagh was working there and I remember that he loved
golf! (note by François Lareau);
___________on BRENNAGH, J.F., Squadron leader who defended accused
at a General Court Martial, see "General Court Martial Will Try
Pilot of Bomber That Hit Homes", The Nanaimo Daily Free Press,
Thursday, 18 April 1957 at p. 11, available at
https://www.newspapers.com/ (accessed 14 May 2020);
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
____________on BRENNAGH, J.F., death notice in The Ottawa
Citizen, 3 September 1996 at p. D9 available at
https://www.newspapers.com/ (accessed 14 May 2020);
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
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
____________on BRENNAGH, J.F., see article "R.C.A.F. Officer
Admitted to Bar", The Edmonton Journal, Monday, 30 January
1950, available at https://www.newspapers.com/ (accessed 14 May
2020);
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
Image
source: www.blatherwick.net/documents/General%20%26%20Flag%20Officers%201964%20to
Brigadier General Patricia ("Pat") Brennan
%20Current/Female%20General%20and%20Flag%20Officers%20in%20the%20Canadian%20Forces.pdf,
accessed 28 October 2018
BRENNAN, Patricia L., In Search of a Learning Culture:
Developing Operational-Level Leaders in the CF, Canadian
Forces College, Advanced Military Studies Course 2, 9 December
1999, 23 p.; available at https://www.cfc.forces.gc.ca/259/260/262/brennan1.pdf
(accessed 6 March 2018);
OTTAWA–Canadian military brass
were told it was a crime to ignore allegations of prisoner
abuse and that it was their duty to
investigate it, according to a top secret document
revealed to the Toronto Star.
Buried in documents withheld from
a special parliamentary committee by the Conservative
government, the May 22, 2007
five-page memo from the Judge Advocate General (JAG),
Brig.-Gen. Ken Watkin, followed on the heels of a series
of media
reports and diplomatic dispatches alleging serious
prisoner abuse.
....
In the widely distributed memo,
which was sent to then-chief of defence staff Gen. Rick
Hillier and Lt.-Gen. Michel Gauthier,
now both retired, Watkin stated that senior officials
ignore warnings of prisoner torture at their own peril.
"Military commanders who know, or
are criminally negligent in failing to know, that a
transferred detainee would be subjected
to such abuse have the obligation to take all necessary
and reasonable measures within their power to prevent or
repress the
commission of such abuse. They may also be subject to
criminal liability for failing to submit the matter to
competent authorities
for investigation and prosecution," Watkin, the military's
top lawyer, wrote.
___________"Ottawa moves to block hearing on detainees; Goes to
court to halt Afghan prisoner probe" 14 April 2008 Toronto
Star p. A3;
source:
https://twitter.com/pascale_breton, consulté le 7 juin 2018
Pascale Breton
BRETON, Pascale, "Éditoriaux: L'armée veut changer (mais pas
trop)", La Presse, mercredi, 27 août 2014, à la p. A-12;
disponible à http://collections.banq.qc.ca/ark:/52327/3244711
(consulté le 7 juin 2018);
He studied law at Lincoln’s Inn, London, to which he was
admitted on 30 Oct. 1781,
but he did not become a member of the English bar. Brenton
was admitted to the
Nova Scotia bar on 5 April 1785, and began
practising in Halifax...In December 1792,
bearing testimonials from Lieutenant Governor John Wentworth* and from Chief
Justice Thomas Andrew Lumisden Strange,
who had early marked him as “in all
respects deserving of future attention,” Edward
Brenton went to England to solicit
appointment as judge advocate of the Nova Scotia military
district; he received it
the following March. In July 1799 the Duke of Kent [Edward* Augustus], commander-in-chief
of the forces in British North America, advanced him to
the newly created position of deputy judge advocate general for
British North America.
....
He remained high in the esteem of Wentworth, who in 1802
recommended him for a seat on the
Council. The appointment was made on
13 June 1805 but Brenton took his seat only
after the
death of his father
in December 1806. James’s position on the Supreme
Court did not devolve
to his son. ...
In March 1808 Brenton was appointed a master
extraordinary in the Court of Chancery, and
in January 1810 he was made both a revenue
commissioner and surrogate to the judge of the
Vice-Admiralty Court by Wentworth’s successor,
Sir George Prevost*. The following year
his career in Nova Scotia came to an end. He attended his
last Council meeting on 16 Aug. 1811,
and nine days later he embarked with Prevost for Quebec.
During Prevost’s term as governor-in-chief
and commander of British forces in North America Brenton
served as his civil secretary, replacing
Herman Witsius Ryland,
and his aide-de-camp. He seems to have accompanied Prevost
to England
upon the latter’s recall in 1815, and to have spent the
next decade there. It is difficult to elaborate
upon this period of his life. He was
superannuated in 1817 after the office of deputy judge
advocate general was discontinued. When
Prevost’s conduct during the War of 1812 was traduced in
an article
in the Quarterly Review (London) of
October 1822, Brenton wrote an anonymous reply.
Some
account of the public
life of the late Lieutenant-General George Prevostwas a mundane apologia which
did nothing to enhance Prevost’s posthumous reputation.
__________BRENTON, Edward Brabazon, Esquire, deputy judge advocate
general, British army staff, appointed 25 June 1799, see L.
Homfray Irving, Canadian Military Institute, Officers of the
British forces in Canada during the war of 1812-15,
[Place of publication not identified] : Welland Tribune Print,
1908, ix, 309 pages; 22 cm, at page 19, available at https://archive.org/details/officersbrit00irvirich,
accessed 2 June 2020;
BREWSTER, Murray, "Allegations against military's No. 2 spelled
out after months of rumours. Search warrant shows Norman was
under RCMP covert surveillance for months prior to suspension",
CBC News Politics, 6 April 2017, available at http://www.cbc.ca/news/politics/norman-rcmp-investigation-1.4059398
(accessed 27 April 2017);
__________"Analysis.
Conflicting accounts of Harjit Sajjan's role revive ex-MP's
conflict of interest allegations. A former NDP MP is
questioning Sajjan's comments about treatment of prisoners during
the Afghan war", CBC News Politics, 1 May 2017, available at http://www.cbc.ca/news/politics/sajjan-conflict-of-interest-1.4092808
(accessed 2 May 2017);
___________ "Commons committee demands service record change for
LGBTQ kicked out of the Forces. Issue of LGBTQ treatment by
military part of wider government apology, Sajjan suggests", CBC
News, 25 October 2016, available at http://www.cbc.ca/news/politics/lgbtq-military-discharges-1.3820957
(accessed 26 October 2016); see House of Commons Defence
Committee;
___________"Conservatives among high-profile backers of
Vice-Admiral Mark Norman's defence fund. Prosecution has
undermined 'fundamental trust' between military and government,
says supporter", CBC News, 15 May 2018; available at http://www.cbc.ca/news/politics/mark-norman-court-costs-1.4662223
(accessed 16 May 2018);
__________"Crown has a high bar to cross in Mark Norman
breach-of-trust case: expert. The vice-admiral's trial may
turn into a debate on the limits of leaking in a government
town.", CBC News, 10 April 2018;
___________"DND leak investigation started under Tories, expanded
under Liberals. Expert says where Liberals and secrets are
concerned it's 'meet the new boss, same as the old boss'", CBC
News/Politics, 15 March 2017; available at http://www.cbc.ca/news/politics/norman-secrecy-investigation-1.4024459
(accessed 16 March 2017);
___________"Ethics watchdog won't investigate Sajjan over Afghan
detainee inquiry decision. Liberals, who championed Afghan
detainee inquiry in opposition, now say probe not needed", CBC
News/Politics, 8 March 2017; available at http://www.cbc.ca/news/politics/afghan-detainees-sajjan-inquiry-1.4014013
(accessed 8 March 2017);
A former army warrant officer, accused of mouthing a
schoolyard taunt to a junior officer at an official
dinner,
was acquitted of disciplinary charges before a court
martial on Thursday, but has been left holding
thousands of
ollars in private legal bills.
Wade Pear, a veteran of multiple ground tours in
Afghanistan, Bosnia and Cyprus, was tried before the
military
tribunal, even though he's been a civilian for
two-and-a-half years.
....
Pear says up to $8,000 in private legal fees were run
up trying to defend himself during the 39 month ordeal. He
said he turned to outside lawyers because he didn't trust
the military system to act in his best interests, but
eventually
had to accept a uniformed lawyer who "did a great job."
....
The military justice system was able to go
after him, despite his September 2013 release from
service, because of a
Supreme Court decision last fall that gives uniformed
prosecutors unlimited discretion on when to proceed with a
case.
His military lawyers argued the trial of a civilian, more
than three years after the incidents and more than two
years
since his retirement, was unacceptable. They said since
Pear faced disciplinary action rather than criminal
charges,
there was no public interest.
A court martial was originally scheduled for April 2013,
while he was still in uniform, but was postponed.
He accepted
his retirement a few months later and ended his
26-year military career partly because of the way
he felt "shunned" in
the aftermath of the mess dinner.
___________"Exclusive.
Smoother military exit system for soldiers still years away,
documents show. Minister blames backlog on previous 'more
teeth, less tail' cuts at National Defence", CBC
News/Politics, 16 December 2016; available at http://www.cbc.ca/news/politics/military-release-overhaul-1.3899044
(accessed 16 December 2016);
___________"Federal budget to spend up to $1 billion on
cybersecurity. The funding package will cover measures to
protect 2019 election from foreign interference",CBC News
Politics, 22 February 2018; available at http://www.cbc.ca/news/politics/budget-billion-cyber-security-1.4547685
(accessed 23 February 2018);
Doucette v. Canada (Attorney General), 2018 FC 697
(CanLII), <http://canlii.ca/t/ht4sv>,
6 July 1918, The Honourable Mr. Justice Peter B.
Annis
___________"Feds back up a step in fight to keep some information
from Mark Norman's lawyers--Some of the documents had been delivered
accidentally to the defence already", CBC News Politics, 16 April
2019; available at https://www.cbc.ca/news/politics/mark-norman-marie-henein-shipbuilding-1.5100293
(accessed 11 May 2019);
__________"Former military ombudsman claims DND vendetta drove him
into retirement. 'There comes a point ... when you have to
consider whether I could do any further good." - Gary Walbourne",
CBC News 23 SEptember 2019, available at https://www.cbc.ca/news/politics/military-ombudsman-vendetta-1.5288519
(accessed 24 September 2019);
___________"Former NDP MP calls out Sajjan on decision not to call
Afghan detainee inquiry: Craig Scott believes defence minister has
information about war-time treatment of prisoners", CBC News
Politics, 30 November 2016; available at http://www.cbc.ca/news/politics/sajjan-conflict-detainees-1.3874480
(accessed 1 December 2016);
Image
source: fortelawdroit.ca/brian-fp-murphy-qc/,
accessed 23 December 2017
Brian Murphy, lawyer for Alan Doucette
___________"Former sailor sues federal government over mould
doctors say made him sick: Suit alleges navy failed to
'ensure the health and wellness of the service men and women under
its employ'", CBC Politics, 22 December 2017, available
at http://www.cbc.ca/news/politics/navy-toxic-mould-law-suit-1.4462389
(accessed 23 December 2017);
A former sailor with a debilitating lung
condition doctors say was brought on by exposure to
mould aboard two
Canadian warships is suing the federal
government, CBC News has learned.
Retired lieutenant Alan Doucette recently filed the lawsuit
in Federal Court in Moncton, N.B.
The legal case comes as the navy has revealed air-quality
tests conducted aboard one of its frigates last summer
showed unacceptable levels of mould in at least three ships'
compartments.
....
He was medically released from the navy in 2012 after being
deemed unable to go to sea.
....
Veterans Affairs recognized his hyperactive airway disorder
was brought on by exposure to toxic substances,
including mould and possibly diesel fumes, during his
service.
Retired general Rick Hillier
says a policy paper is circulating around senior levels of
the Harper government that suggests
the Clerk of the Privy Council and the deputy minister of
defence take a greater role to "guide" the military.
The former chief of defence
staff writes, in a new postscript for the softcover
edition of his memoirs, that there is a growing
movement within the federal government to establish a
system of micro-management that could extend from the
highest
reaches of Ottawa all the way down to individual combat
units.
The paper was produced within
the last year and has been the subject of some discussion,
according to Mr. Hillier, and
ould give senior bureaucrats greater powers than those set
down in the National Defence Act.
......
Military and political science
historian Desmond Morton said Mr. Hillier's warning about
the creeping centralization of
authority should be heeded because of the "control freak"
reflex of the current government.
Mr. Hillier also took a swipe
at parliamentarians for last year's investigation of
torture claims in Afghan prisons and what the
government knew about it. He accused all parties of being
uninterested in the facts and declared soldiers "would be
run over
in a heartbeat if those involved thought it would give
them a few more votes."
Excessive government secrecy
over documents fuelled the debate, Mr. Hillier added.
......
Mr. Morton said the former
general's fear about bureaucrats who know nothing about
the military is well-founded, because unlike
previous generations they've not been educated or exposed
to the culture.
He blamed that on the Liberals
who killed off the National Defence College, an
institution with a sizable civilian enrolment, but
said Mr. Hillier has alienated them further with bellicose
rhetoric.
Since last spring, a team of military
policy experts, including medical, legal and officers on
operational duty, has been examining the implications
of the legislation and what policies might have to change.
___________"Military angry it couldn't court-martial navy spy --
Gaps in intelligence made public", The Ottawa Citizen, Monday, 23 September 2013 at
p. A4; about convicted spy, Jeffrey Paul Delisle, a former CF
intelligence officer and a "newly declassified military
assessment";
____________"Military cops and prosecutors too slow to charge and
try cases, says auditor general. Criticism comes as DND
ramps up prosecution of sexual misconduct cases", CBC News, 29 May
2018, available at http://www.cbc.ca/news/politics/miitary-justice-auditor-general-1.4682245
(accessed 30 May 2018);
"Brig.-Gen. Rob Delaney [CF Provost Marshal ]says it will be
difficult to arrange a legislative fix that would satisfy Ottawa,
all provinces and territories. (Murray Brewster/CBC News)"
___________"Military's intelligence operations questioned by
MPs--Committee wants to know how much legal consultation is done
internally before operations launched", CBC News, 10 April 2019,
available at https://www.cbc.ca/news/politics/secueity-report-military-1.5090410
(accessed 12 April 2019);
LCol Francis Bolduc is part of the video accompanying the article
__________"Military officer who is suing DND over 'false and
malicious' sex assault claims will be promoted. Lt.-Col.
Mason Stalker appointed as deputy chief of major operations at
NATO headquarters in Brussels", CBC News Politics, 17 March 2018,
includes VIDEO, available at http://www.cbc.ca/news/politics/mason-stalker-gets-promoted-1.4580880(accessed
18 March 2018);
___________"Military watchdog limits investigation of complaint
into Afghan prisoner abuse. Canada's treatment of detainees
is being probed once again after an anonymous tip", CBC News/
Politics, 2 March 2017, available at http://www.cbc.ca/news/politics/afghan-prisoner-inquiry-1.4007552
(accessed 3 March 2017);
___________"No need for inquiry into Afghan detainee torture,
Liberals say. No need to find out who knew what and when,
federal government says in response to e-petition", CBC
News/Politics, available at http://www.cbc.ca/news/politics/afghan-canada-prisoners-1.3640411
(accessed 3 March 2017);
Photo of "Doug Elliott, a longtime gay rights activist and Toronto
lawyer, is leading the case"
___________"Ottawa faces class-action lawsuit over fired LGBT
civil servants. Statements of claim filed in Ontario and
Quebec asking for a minimum of $600 million"", CBC News/ Politics,
1 November 2016, available at http://www.cbc.ca/news/politics/lgbtq-class-action-lawsuit-1.3830310
(accessed 1 April 2017); includes VIDEO with lawyer Doug Elliott;
A report presented to the Liberals last June by
the human rights group Egale, which Elliott helped
author, urged the government to examine
how to compensate those who had suffered past
discrimination. The organization said such a plan could
involve individual compensation,
funding for programs and services, or a mixture of both.
....
Last week, the House of Commons defence committee voted
unanimously for the Liberal government to order the military
ombudsman
to investigate amend the service records of
LGBT ex-military members who were given dishonourable
discharges because of their sexual
orientation.
___________"A parliamentary committee is set to shine a light on
the shadowy business of military intelligence--It's the biggest
and best-funded intelligence operation in Canada - and Canadians
know nothing about it", CBC News/ Politics, 8 April 2019,
available at https://www.cbc.ca/news/politics/military-intelligence-canada-parliamentary-committee-1.5087547
(accessed 12 April 2019);
___________"RCMP allege Vice-Admiral Norman fed cabinet secrets
to Quebec shipbuilder. RCMP detail cosy, back channel
relationship in shipbuilding leaks, with admiral referred to as
'our friend", CBC, 26 April 2017, available at http://www.cbc.ca/beta/news/politics/norman-leaks-inestigation-1.4085703
(accessed 27 April 2017);
____________"RCMP case vs. Vice-Admiral Mark Norman is with
prosecutors 1 year after suspension for alleged leaked
secrets. 'I think it's shocking it has taken 12 months to
still have no resolution,' says military expert", CBC News, 9
January 2018, available at http://www.cbc.ca/news/politics/mark-norman-case-prosecutors-1.4478470
(accessed 10 January 2018);
____________"Red Cross repeatedly warned Canada
of Afghan prison abuse: documents", The Canadian Press, Dec 2, 2009,
available at (accessed 1 April 2017);
___________"Senators
issue warning over potential Mali peacekeeping mission: Liberal
government must seek approval of Parliament before deployment
takes place, senators say", CBC News, 28 November 2016; available
at http://www.cbc.ca/news/politics/senate-un-peacekeeping-1.3870950
(accessed 1 December 2016);
___________"Sexual-misconduct lawsuit against Armed Forces
alleges 'reckless' conduct: 3 former military members spell out
allegations of sexual assault and institutional indifference", CBC
--Politics, 12 December 2016, available at http://www.cbc.ca/news/politics/military-misconduct-lawsuits-1.3893499
(accessed 2 October 2017);
___________"Suicide of staffer from military's ombudsman office
sparks recriminations. Judge finds watchdog's director of
investigations was treated unfairly by DND", CBC -- Politics, 8
August 2019, available at https://www.cbc.ca/news/somnia-1.5239274
(accessed 9 August 2019);
___________"The war that won't end: Civilian who served in
Afghanistan still fighting for PTSD benefits: 'We were ready to
die for the country ... Why is there a difference?' - translator
Mohammad Amin", CBC News 17 June 2019; available at https://www.cbc.ca/news/SOMNIA-1.5174796
(accessed 18 June 2019);
There are now at least two investigations underway into
allegations Department of National Defence
officials intentionally tried to subvert the federal
access to information system in the breach-of-trust
case involving the military's former second-in-command.
CBC News has learned military police have joined the
federal information commissioner in probing
claims that senior staff at National Defence have
avoided using Vice-Admiral Mark Norman's name
in internal correspondence as a way to keep his records
out of the public domain.
"It doesn't happen all that often," said Rory Fowler,
a retired lieutenant-colonel and military lawyer.
Government ministers — federal or provincial
— are named as defendants in lawsuits all the
time over
specific policy decisions, but they are rarely
targeted for public comments in their official
capacity.
Because O'Regan made the statements as the
minister of veterans affairs, taxpayers could be on
the hook
if Bruyea is successful.
"The Crown could be held vicariously liable for the
actions of its servants and the minister of the Crown
could be a servant," said Fowler.
___________"Wounded soldiers face extra bureaucratic hurdle on
way to benefits. Forces ombudsman says system of determining
benefits 'defies logic' and must be changed", CBC News / Politics;
available at http://www.cbc.ca/news/politics/veterans-benefits-determination-1.3760860
(accessed 16 December 2016);
BRIDGES, H.F.G., Captain, member of the Judge's Advocate
Branch, NDHQ, Ottawa who acted as a Judge Advocate in the court
martial referred to in the article: "Court-Martial to Open
Today. Two Medical Officers to Appear Over Death", The
Globe and Mail, 12 April 1943, at p. 4; available at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....,
(accessed 3 February 2019);
Pressing (and holding) the Ctrl
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[Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/, ProQuest Historical
Newspapers, accessed 3 February 2018]
___________BRIDGES, H.F.G. (Hedley Francis Gregory),
1902-1947, Major, General List was Assistant Judge Advocate
General in Military District 1 (The Counties of Sasex, Kent,
Lambton, Elgin, Middlesex, Oxford, Waterloo, Wellington, Perth,
Huron and. Bruce. Headquarters—London) in 1944, see The
Quarterly Army List, January 1944, Part I, London: His
Majesty's Stationery Office, 1944 at p. 167 (bottom number) or p.
178 (top number), available at https://deriv.nls.uk/dcn23/8897/88977987.23.pdf
(accessed 20 March 2019);
___________on BRIDGES, H.F.G., Major, see "Army Appoitment", The
Evening Citizen, Ottawa, 21 September 1942, at p. 1:
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[Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview/...., ProQuest, accessed 28 April
2020]
Hedley Francis Gregory Bridges was born April 7, 1902, at
Fredericton, NB of colonial English
and Scottish ancestry, the son of Dr. Hedley V. B. and
Mabel Eloise Fulton Gregory Bridges.
He was educated at Fredericton High School. He graduated
from the University of New Brunswick
with a B.A. in 1922. He taught school from 1922 to 1927
and was principal of Hillsborough and
Campbellton High Schools. In 1926 he was president of the
New Brunswick Teachers' Association.
He studied law in the office of Peter Hughes,
Fredericton. He was admitted to the Bar of New
Brunswick as attorney in 1927 and as barrister in 1928. He
located at Campbellton, New Brunswick,
and practiced law.
Shortly after World War II broke out, he enlisted in the
army and served in Canada before going
overseas. First attached to headquarters of the British
Second Army where he served as legal civil
affairs officer both in France and Belgium, he later
served as part of the 1st Canadian Army. Later
he became senior legal military government officer at
headquarters of the 2nd Canadian Corps
organizing and supervising military courts in that corps
area in Germany. Prior to that, he had
assisted the Dutch authorities when they re-established
their civilian courts.
He was unmarried.
He unsuccessfully contested Restigouche County for the
House of Assembly of New Brunswick
at the general election of June 19, 1930.
First elected to the House of Assembly of New Brunswick
in the general election of June 27, 1935
as one of the Liberal members for Restigouche County, he
sat during that Legislature until the House
dissolved for the purpose of calling an election and he
retired temporarily from politics.
On March 5, 1936, he was chosen Speaker of the New
Brunswick House of Assembly. He held
this position until he resigned January 9, 1939.
Prime Minister Mackenzie King in The Telegraph Journal
of August 11, 1947:
As Speaker he gained a reputation as an
authority on constitutional law
and procedure, and parliamentary practice. He resigned
that position,
however, in order that he might participate more freely in
debate and
express without restraint views he strongly held on the
need for a wide
Canadian outlook in politics.
He was first elected to the House of Commons, as member
for the constituency of York-Sunbury, at the
general election of June 11, 1945.
On August 29, 1945, he was sworn in as a member of the
Privy Council of Canada and received the
portfolio of Minister of Fisheries in the King
administration, which portfolio he retained until his
death.
He died August 10, 1947, at Ottawa, Ontario, at the age
of 45 years.
Further in The Telegraph Journal of August 11, 1947:
From a school teacher who studied law in his
spare moments,
he had pulled himself into the speakership of the New
Brunswick
Legislature at the age of 34, broken with his party
leaders in that
province and then, after war service overseas, swept into
the
federal field in the 1945 general election. Until swift
illness
struck him down, he had been marked by political observers
here as on the way to higher cabinet posts.
Source - Speakers of the Legislative Assembly, Province
of New Brunswick, 1786-1985. 1985, Legislative Assembly,
Province of New Brunswick, Office of the Clerk,
Fredericton, N.B.
Image
source: linkedin.com/in/kiera-bridley-574a1a5b,
accessed 28 February 2017
Kiera Bridley
BRIDLEY, Kiera, Allied Unshackling: British, Canadian, and
American Prisoner of War Diplomacy during the Shackling
Reprisals, 1942-43, A Thesis Submitted in Partial
Fulfillment of the Requirements for the Degree of Master of Arts
In History Minnesota State University, Mankato Mankato, Minnesota.
May 2014, iv, 83 leaves; available at http://cornerstone.lib.mnsu.edu/cgi/viewcontent.cgi?article=1290&context=etds
(accessed 28 February 2017);
Abstract
Prisoner of war studies have largely focused their research
on the experiences of
the men and women within their captor countries. A lthough
some country-specific work
has been done regarding prisoner of war policy, there has
been a significant gap in
research regarding prisoner of war policy during the Second
World War. This research
focuses on the convergence of prisoner of war policy and
diplomatic relations between
Great Britain, Canada, and the United States during the
shackling reprisals with Germany
from 1942-43. The shackling reprisals represented the first
conjunction of the three
nations in diplomatic relations with Germany over the issue
of prisoner of war policy. In
addition, as the first instance of prisoner of war diplomacy
with Germany for both the
United States and Canada, the shackling reprisals signified
the entrance of the Canadian
and United States governments into prisoner of war diplomacy
with Germany during the
Second World War. The shackling of prisoners of war became a
source of tension
between the Allies because of the nature of each nation’s
role in the incident and
conflicting perspectives of the three governments on the
issue. Through the examination
of the Canadian, British, and United States’ foreign
correspondence, domestic and
individual leaders’ accounts, as well as the provisions of
the prisoner of war conventions
in effect at the time, a detailed analysis of the
interaction of the three governments over
prisoner of war policy and diplomacy during the shackling
reprisals will be
accomplished. During the shackling reprisals, prisoner of
war policy was based on the
relationships between the British, Canadian, and United
States governments, individual
leaders and their respective interests. This work adds yet
another dimension to the
fragmentary field of prisoner of war and military history by
focusing on the top tiers of
British, Canadian, and United States military and
government, ultimately fueling further
research in international POW studies.
BRIÈRE, J.M.F., lawyer who enrolled as a captain with the OJAG on
11 September 1980 (source: Canadian Forces Officer's List
(Regular), A-AD-224-001/CFP/PFC 224), 31 December 1980, obtained
from DND, Access to Information and Privacy, file A-2019-00318, 13
February 2020); I met him in 1981 or 1982 while he was on TD in
Lahr, CFE for court martial duties; he was a former Crown
prosecutor from the province of Quebec;
BRIERLEY, J. G. (James Gossage), died in 1961, lawyer and part of
the JAG "department", see "Obituaries--J.G. Brierly, Q.C.",
The Gazette, Montreal, Saturday, 13 May 1961 at p. 43;
available at https://www.newspapers.com/...., accessed 28 May
2020;
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...on March 20, Queen’s Law students will be given
an exclusive opportunity to meet and speak with lawyers
working with The
Office of the Judge Advocate General (JAG) at Canadian
Forces Base (CFB) Kingston. JAG lawyers have diverse
military,
and legal, backgrounds and want to share their experiences
with Queen’s Law students interested in learning more about
this
exciting career path.
.......
The event will see a number of military legal experts
joining Captain Briffett to answer students’ questions and
discussing the
realities of JAG with their Queen’s Law guests. They include
Major Eric Carrier, a former military prosecutor and now
Deputy
Judge Advocate; Major David Duggins, also a Deputy Judge
Advocate in Kingston and with a number of past deployments
around the world; and Captain Kelly Lynch, a former business
and real-estate lawyer who joined the forces in 2006. She
enrolled in 2016 and has never looked back.
BRIGHT, David, 4 October 942- 1 March 2023, "Military law
: the march to uniformed justice", in 2007 National Criminal Law Program :
substantive criminal law, advocacy and the administration of
justice, [Ottawa,
Ont.?] : Federation of Law Societies of Canada, 2007, in volume
2; see http://library.lsuc.on.ca/vwebv/holdingsInfo?searchId=591&recCount=10&recPointer=2&bibId=50638
(accessed 9 October 2017);
____________"A primer on military law", in 37th National Criminal Law Program :
substantive criminal law, advocacy & the administration of
justice, [Ottawa, Ont.]
: Federation of Law Societies of Canada, 2010, 2 v. : ill. ; 28 cm. + 1 CD-ROM (4 3/4 in.)
in volume 2; source: http://library.lsuc.on.ca/vwebv/holdingsInfo?searchId=600&recCount=10&recPointer=7&bibId=56467,
accessed 9 October 2017;
Image
source: (2006) 1 JAG Les actualités -- Newsletter 19
From the left: Bill Graham, David Bright and
Jerry
Pitzul, 27 October 2005
BRIGHT, David, Louis-Vincent D’Auteuil, and Kathy Pentz,
“Canada’s Military-Citizens:The Intersection of Military and
Civilian Laws: Concurrent Jurisdiction between Military and
Civilian Justice Systems”, Address delivered at the Nova Scotia
Military Law Section, Canadian Bar Association Conference,
Halifax, 1 December 2011), unpublished, cited in SAMSON, J.
Jason, Changing Tactics :
Rehabilitating Canadian Justice for Traumatized Veterans,
LL.M. thesis, Dalhousie University, 2012, xi, 201 leaves, at pp.
150 and 196;
BRIGHT, David John, K.C., obituary, available at (accessed 5
Match 2023).
David passed away quietly surrounded by family on
the morning of March 1st at
the Dartmouth General Hospital after a long battle with
cancer.
He was born into a humble family in Guelph in 1942, where he
was raised by his
grandmother Ada.
In 1959 he joined the Navy where he would eventually serve
aboard HMCS
Bonaventure as a member of 880 Squadron.
In 1972 he graduated from Dalhousie Law School. David became
a senior
partner at Boyne Clarke and had a long, distinguished career
in the law.
David is survived by his wife of 53 years, Marilyn Bright,
(Taylor) his sons
Michael and Christopher and daughter in law Morgyn MacLeod
along with
his granddaughters Tegan Bright, and Taylor
Heffernan-Bright.
BROCK, Major Barry, "Leadership, Command and the Canadian Charter
of Rights and Freedoms", Canadian Staff College, 1989; cited in
Martin Friedland's study for the Commission of Inquiry, Controlling
Misconduct in the Military: a Study prepared for the Commission
of Inquiry into the Deployment of Canadian Forces to Somalia,
supra, at p. 171, note 224;
Image
source: www.dartefuneralhome.com/tribute/details/1312/Robert_George_Malcomson/obituary.html,
accessed 27 December 2015
Robert George Malcomson, 1949-2009
BRODE, Patrick, 1950-, "Bruce Macdonald and the Drafting of
Canada's War Crimes Regulations -- 1945", (1995) 24 Law Society Gazette (Law
Society of Upper Canada) 274-282; also published in
(March-April 1998) vol. 2, JAG Newsletter;
____________Violence and Racial Prejudice in the Context of
Peacekeeping: A study prepared for the Commission of Inquiry
into the Deployment of Canadian Forces to Somalia, [Ottawa]:
Minister of Public Works and Government Services Canada, 1997, xx,
341 p., ISBN: 0660168707, catalogue number: CP32-64/3-1997E; also
available on the Commission's CD-ROM 1997, Information
Legacy: A Compendium of Source Material from the Commission of
Inquiry into the Deployment of Canadian Forces to Somalia, infra;
- Table of
Contents, Conclusion and Recommendations (pp. i-x, 249-257
and 282); complete text now available at http://publications.gc.ca/collections/collection_2015/bcp-pco/CP32-64-3-1997-eng.pdf
(accessed 31 August 2015); FRANÇAIS: ___________Violence et préjugés raciaux dans les missions
de maintien de la paix: Étude préparée pour la Commission
d'enquête sur le déploiement des Forces canadiennes en Somalie,
[Ottawa]: Ministère des travaux publics et Services
gouvernementaux Canada, 1997, xiv, 378 p., ISBN: 0660955482, no de
catalogue: CP32-64/3-1997F; aussi disponible sur le CD-ROM 1997 de
la Commission, Un héritage documentaire - Recueil des
ressources de la Commission d'enquête sur le déploiement des
Forces canadiennes en Somalie, infra;
- Table des
matières, Conclusion et Recommandations (pp. i-x, 277-287,
et 315); maintenant texte en entier disponible à http://publications.gc.ca/collections/collection_2015/bcp-pco/CP32-64-3-1997-fra.pdf
(visité 31 août 2015);
BRODY, Louis J. (Louis Joseph), 1904-1984, former JAG member;
The Louis J. Brody, Q.C. Entrance Scholarship Fund
The Louis J. Brody, Q.C. Entrance Scholarship Fund was
established in 1996 in memory of Louis Brody (1904-1984),
by his brother William Brody, C.A.
The scholarship is awarded on the basis of academic
excellence and financial need to Ontario students entering
the JD/MBA Program.
Louis Brody, born and educated in Toronto, a graduate of
the Osgoode Class of 1927, had a long and distinguished
career as a
commercial lawyer in Windsor, Ontario. During World War
II, he enlisted in the Essex Scottish Regiment, serving
with the
Judge Advocate General’s department in Italy, France, and
England, rising from the rank of Private to the rank of
Major. He died in
1984, a well-known and respected solicitor who took pride
in his membership in the legal profession.
Recipients must be Canadian citizens/permanent residents
or protected persons, residents of Ontario, and
demonstrate financial need.
___________on BRODY, Louis J., see BRUDY, L.J., infra,
same person;
___________on BRODY, Louis J., see his death notice in The
Windsor Star, Windsor, Ontario, 15 February 1984 at p. 22;
available at https://www.newspapers.com/image/..., accessed 13
June 2020;
BRONSKILL, Jim, "Canada's military spies can collect, share info
on Canadians, directive says: Instructions say the
information must have a 'direct and immediate relationship' to
military operations", CBC News, 9 June 2019; available at https://www.cbc.ca/news/somnia-1.5168366
(accessed 10 June 2019);
BRONSON CONSULTING GROUP, External Review of Defence Counsel
Services -- Final Report, Ottawa, 15 September 2009, 62
p.; this document is available to the public, see Department of
National Defence, Access to Information and Privacy file
A-2011-01559/ATIP (Analyst), dated 26 March 2012); Bronson
Consulting Group is located at 6 Monkland Avenue, Ottawa, Ontario,
K1S 1Y9; Letter from DND
Access to Information and Privacy Section and the Executive
Summary of the Report (pp. 1-5 of the Report)
___________External Review of
the Canadian Military Prosecution Service -- Final Report,
Ottawa, 31 March 2008, 87 p. and Appendices A to N (further 35
p.); this Bronson Report was authored by Andrejs Berzins, Q.C. and
Malcolm Lindsay, Q.C.; this document is referred to in the Annual
Report of the Judge Advocate General, 2009-2010, at p. 41, note
3; this document is available to the public, see Department
of National Defence, Access to Information and Privacy file
A-2011-01559/ATIP (Analyst), dated 26 March 2012); Bronson
Consulting Group is located at 6 Monkland Avenue, Ottawa, Ontario,
K1S 1Y9; Letter from DND
Access to Information and Privacy Section and the Executive
Summary of the Report (pp. 8-17 of the Report) and at https://military-justice.ca/wp-content/uploads/2018/11/Bronson-Reports.pdf
(accessed 29 December 2018);
BROPHY, James, Captain, No. 5. Engineers Depot, was prosecutor in
Captain Goulet court martial, see "Is Rearrested for
Court-Martial. Capt. Goulet Again Up on Charge of Conspiring
Over Exemptions", The Globe, Toronto, 20 March 1919,
available at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....,
accessed 9 July 2020;
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
BROSSEAU, Cédric, Le Canada face à l'Empire: La crise navale
de 1910, maîtrise en histoire, Faculté des études
supérieures et postdoctorales, Université d'Ottawa, 2010, vii, 179
p.; disponible à https://www.ruor.uottawa.ca/en/handle/10393/28639
(vérifié le 24 février 2014);
ABSTRACT
La société canadienne s'enflamme en 1910 à la suite de
l'introduction, par le premier ministre Sir Wilfrid
Laurier, d'un projet
de loi voulant l'organisation d'un service naval
canadien. Que ce soit à la Chambre des communes, en
assemblées populaires,
en famille ou dans les médias, la défense maritime du
Canada retient dorénavant l'attention des Canadiens.
Présente au Canada
sporadiquement depuis la Confédération, cette question,
devenue fondamentale suite à l'émergence de nouvelles
puissances
militaires remettant en cause la domination de l'Empire
britannique, force le Dominion à agir. Après des années
de tentatives
évitées ou avortées, la question se pause directement :
autonomie nationale ou participation impériale? Le débat
qui en découle,
la crise navale de 1910, divise profondément la société
canadienne. Limitée trop souvent à un antagonisme entre
Canadiens
français et Canadiens anglais par l'historiographie,
cette crise traverse aisément les frontières ethniques
traditionnelles du pays.
En effet, elle résulte principalement d'un affrontement
entre autonomistes et impérialistes, chacun avançant un
programme
spécifique quant à l'avenir souhaité du Dominion.
Grandement intéressée par la question, la population s'
active et intervient
au sien du débat via diverses organisations populaires,
en écrivant à ses représentants politiques et en
participant à des assemblées
publiques. Les médias sont eux aussi captivés, les
journaux du pays abordant abondamment le sujet pendant
la crise. Ainsi, cette
dernière s'avère une véritable crise nationale, les
tendances autonomistes et impérialistes s'étalant sur
l'ensemble du territoire
tout en divisant presque également le peuple canadien.
[source de la citation: https://www.ruor.uottawa.ca/handle/10393/28639,
visité le 8 janvier 2015]
BROWN, D.W., Lieutenant-Colonel, "Real Problems in the Virtual
World: International Law Priorities Regarding Cyber-Conflict",
Canadian Forces College, JCSP 42, Exercise Solo Flight, 2016, 27
leaves, available at http://www.cfc.forces.gc.ca/259/290/318/305/Brown.pdf
(accessed 15 August 2016);
BROWN, E.F., Major, was Judge Advocate in the court martial
referred in the following article: "Will Hold Court-martial Over
Kinmel Camp Riots", The Globe, 12 April 1919, 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
[Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/, ProQuest Historical
Newspapers, accessed 4 October 2018]
BROWN, Gisèle, civilian employee with the OJAG at the DJA
Trenton, see photos:
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Currently in his third year of a four-year
appointment, Cathcart shared his formula for success.
Lesson 1: Find and recruit the right people
“This may sound trite but the obviousness of this rule
leads to a risk that we treat recruiting and hiring as a
routine
practice and not what it truly is, which is the first step
in building our organization for tomorrow. We need to
treat
every new hire as if they are one day going run the
organization. We should do our best to hire those who
demonstrate
potential as lawyers, as managers, and importantly as
leaders,” he said.
Lesson 2: Invest in the education and training of
your people
“Seek and identify future stars from within. Our
succession plan is designed to continually develop the
legal officers.”
Some officers in the JAG office receive fully subsidized
education at the masters-degree level in international,
air and
space, and constitutional law. About 25 per cent of all
officers in the JAG have post-grad degrees in law.
Lesson 3: Build a strong team
“One of the sure-fire ways to get dedicated and
high-performance people is create an atmosphere of mutual
support
and confidence,” said Cathcart. “This is especially
important when your team is small or geographically
dispersed.”
Lesson 4: Know the client and the business
“For me and my team the client is the Crown; the executive
branch of the Canadian government. We have to understand
their goals.”
Lesson 5: Trust your people
“There’s always a risk that a young legal officer alone
halfway around the world in the middle of the night is
going to
make a mistake. That is unavoidable but can be mitigated
by applying lessons 1 to 4.
BROWN, Roy Ross Lieutenant-Colonel with the OJAG, from
Petitcodiac, New Brunswick:
He graduated with a BA in both
science and in law from the University of New
Brunswick who served over seas in WWII, served in
Korea, served Judge Advocate General from 1951, and
retired from the military in 1965, joining the
Department of Justice in Ottawa (Ont.)
until his death in 1974.
[source: http://canadianobits.com/newbrunswick/webbbs_config.pl/noframes/read/87,
accessed 28 January 2018]
___________on BROWN, Major R.R., see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa
: Office of the Judge Advocate General, c2002, at pp. 80, 81 and
216 available at i-xii and 1-102
and 103-242;
___________on BROWN, Roy, Major, assistant judge advocat general
for Canadians in the Far East, see Bill Boss, Canadian Press Staff
writer, "Japanese Blamed for Creating 'Reign of Terror' in Kure
[Japan]", Star-Phoenix, Saskatoon, Monday, 15 December
1952, at p. 29; available at , accessed 18 May 2020;
Excerpt
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BROWN, T.B., Captain, officer commanding no. 32 Company,
Veterans' Guard of Canada, defending officer at the following
court martial: "Five Buckingham
Girls Testify To Drinking And Dancing With German Prisoners of
War in Thurso Hotel", Sherbrooke Daily Record, Tuesday,
28 mars 1944 at pp. 1 and 2; available at http://collections.banq.qc.ca/retrieve/7619561
(accessed 6 April 2018);
____________on BROWN, T.B.,
Captain, see "Acquit Veteran Guard on Trio of Six
Charges", Globe and Mail, 1944/03/29, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5064672
(accessed 5 June 2019); court martial of Cpl William Lee of
Montreal; Lieutenant-Colonel R. Fortier was the Judge-Advocate
(note initial is R.?); Capt. L.C. Carroll was the prosecutor;
Capt. T.B. Brown was defence counsel;
Capt Bob Holman, left, receiving his CD from LCol Fraser Brownlee
BROWNLEE, Fraser, Note: LCol F. Brownlee giving the CD medal to
Captain Robin Frazer Holman, a MLTP officer studying at Queen's
University School, "Personnel: Honours & Awards", (July
to December 1998) 4(1) JAG Newsletter/Bulletin d'actualités du
JAG;
___________Twenty eighty-four, [Ottawa, ON] : Baico
Publishing Inc., 2013, 168 pages; 23 cm., ISBN: 9781927481578,
1927481570; about 99% sure this is the same Fraser Brownlerr, the
former JAG officer;
Summary:
Walton Sims is growing old in helpless desesperation in a
beaten city. New Rork semi-ruined
but still functionning is the center of empire protecxted
from terrorism by the nearly omniscient
Bureau of Intelligence and Madison Avenue is the keeper of
the tainted democratic process.
[source:Voilà catalogue, accessed 15 April 2020]
Photo
source: https://twitter.com/jimbronskill, accessed 27 May 2016
Jim Brownskill, journalist-author
---------
The Honourable Martine
St-Louis
Lawyer Doug Elliott
image source: lechodemaskinonge.com/martine-st-yves-vit-
image source:
http://www.cambridgellp.com/team/r-douglas-elliott/
sa-passion/ (accessed 19 June 2018)
___________"Cheers erupt as Federal Court judge approves historic
gay purge settlement. Settlement entails reconciliation and
remembrance measures, including a national monument", CBC News, 18
June 2018; available at https://www.cbc.ca/news/politics/federal-court-lgbtq-landmark-decision-1.4711691
(accessed 19 June 2018);
Cheers of joy and celebratory hugs greeted the
decision of Federal Court Justice Martine St-Louis after
hours of testimony
Monday [18 June 2018] from class action members.
....
"I'm absolutely ecstatic. It's a great day for justice in
Canada," said lawyer Doug Elliott, who represented the
members.
"I think Canadians can be proud that our country has not
turned its back on these victims of a bad era in our
history
when people were treated like lesser human beings
because they were gay."
____________"A federal discussion paper obtained by Southam...
]", CanWest News, Jun 28, 1997, p.1;
___________"Military faces intensive archival search to pinpoint
gay purge numbers", The Canadian Press & The Chronical Press
(Halifax Newspaper), 4 June 2017, available at (accessed 5
June 2017); note: Suzanne Parker, a spokeswoman for the defence
department's legal branch;
OTTAWA — The Defence Department says a painstaking review
of dusty personnel files in the national
archives may be
needed to determine how many people were forced out
of the military for being gay or lesbian...
....
National Defence's human resources system does
not include information on a person's sexual
orientation, nor does it record
the specific reason why a person was released from the
Armed Forces, spokeswoman Suzanne Parker said in a written
response
to questions from The Canadian Press.
...
However, another version of the draft
note excludes the figures and says the
number of people affected by CFAO 19-20 [Canadian
Forces Administrative Order 19-20, "Homosexuality — Sexual
Abnormality Investigation, Medical Examination and
Disposal,"]"is not known."
"Regardless of the numbers originally mentioned in the
draft document, we are now actively trying to identify
these individuals," Parker said.
___________"Murray vented frustration, defensiveness -- experts;
ADMIRAL'S ANGER", Edmonton
Journal, Jan 30, 1997, p. A.3;
In 2008, however, it was time for a change for the
navigator. “After a while it was time to move on
and do something else,” he says. “Long hours and 3:00AM
phone calls on standby were getting to
be a bit much,” Bruce explains, “so I figured I’d go to
law school.”
After finishing law school at Queen’s University in
Kingston, Bruce was posted to Ottawa where
he now works as a Legal Officer. “I work in the military
justice side of things,” he explains. “There’s
always ongoing reform of the military justice and
discipline system, so I work in the regulatory part
that does the documentation of that.”
BRUDY, L.J., Captain, Essex Scot., legal officer at Camp Borden
in 1944, see The Quarterly Army List, January 1944, Part 1,
London: His Majesty's Stationery Office, 1944 at p. 165 (bottom
number) or p. 177B (top number), available at https://deriv.nls.uk/dcn23/8897/88977987.23.pdf
(accessed 20 March 2019);
___________on BRUDY, L.J., see BRODY, Louis J., supra,
same person;
Image
source: montrealgazette.com/author/rbruemmer,
accessed 16 October 2017
René Bruemmer
Prosecutor [at the court martial] ]Martin Pelletier
countered that Menard brought the attention upon himself
by knowingly
going against military orders.
“Whenever somebody in a position of power falls, be he
military or civilian, it is big news,” Pelletier said.
“But it is not
because he has suffered a great fall that he does
not still deserve to be punished for his crimes.”
Maj. Laura D’Urbano, with military legal affairs, noted
that the military dissuades fraternization, even emotional
relationships,
because it can lead to favouritism, or even the appearance
of favouritism towards a subordinate, and to discipline
problems in
a very dangerous work environment.
BRUNETTE, Sophie, avocate, membre du Barreau du Québec, depuis
2006, travaille au Comité externe
d'examen des griefs militaires; tél.
613-995-5121; sophie.brunette@mgerc-ceegm.gc.ca (information en date du 18 novembre 2020);
BRUNTON, J.D. (initials?), was a
captain with the OJAG in 1985 (source: Canadian
Forces Officer's List (Regular) (Bilingual),
A-AD-224-001/AF-001,
1985-11-20, obtained from DND, Access to
Information and Privacy, file A-2019-00318, 13
February 2020);
___________on Sean Bruyea,
see the following articles by CBC journalist Murray Brewster:
- Brewster, Murray,
"Government spent more than $213K defending
Seamus O'Regan in small claims court --Veterans
advocate says he's surprised by how far the
government will go to avoid admitting error", CBC News
Politics, 7 October
2020 and available at https://www.cbc.ca/news/SOMNIA-1.5752677
(accessed 8 October 2020);
- Brewster, Murray,
"Government settles defamation lawsuit against
Seamus O'Regan out of court--The case had cost
taxpayers $183,000 as of the end of 2019", CBC News
Politics, 10 June 2020 and available at cbc.ca/news/politics/seamus-oregan- lawsuit-veterans-1.5606271 (accessed
8 October 2020);
Military service places demands upon serving
members unparalleled in civilian life. Serving in the
Canadian Forces (CF) is no different.
The sacrifice required to wear a CF uniform extends far
beyond the commonly understood injuries and fatalities of
military combat,
peacekeeping and routine training accidents. Like all
militaries, the CF employs complex cultural, psychological
and socialization
processes that molds and reconditions civilians into highly
disciplined and moralized individuals willing to enter
harm’s way and kill
or be killed. Although these complex processes may be
beneficial to military objectives, they can be highly
detrimental to successful
reintegration into civilian society. Yet Canada has never
articulated a tangible universal obligation to assist CF
veterans in overcoming
or compensating for the consequences of military service. Do
we have a universal obligation to our CF veterans? Why? What
would be
the nature of a universal obligation to our CF veterans?
This thesis seeks to answer these questions. Contrary to
popular perception,
military life is a moral life. Such morality is the bitter
enemy of duplicitous rhetoric and government inaction. These
deeply indoctrinated
moral values are also the measuring stick for the highly
unequal sacrifice that CF members have endured on behalf of
Canada and
Canadians and the complete absence of any obligation we have
reciprocated for their service. For these reasons and more,
as a nation
and as individuals, we have a substantive universal
obligation to all our CF veterans to comprehensively assist
them in making their life
out of uniform at least as successful and rewarding as it
was in military service.
-----
___________"Minister
[Collenette] Wants Overhaul of Military Justice System", The
Ottawa Citizen, 2 August 1996, p. A4;
Image
source: facebook.com/craig.bryson.754, accessed 27 May 2018
Craig Bryson
BRYSON, Craig, lawyer, member of the OJAG, reserve force,
see https://ca.linkedin.com/in/craig-bryson-2a291817
(accessed 27 May 2018); was Canadian Forces "Artillery Officer · June 1987 to
September 1995 · Lethbridge,
Alberta";
BRYSON, Rachael, The
Impacts of Unification and Civilianization on the Culture of
the Canadian Forces, 1968-1993, A thesis submitted to the
Faculty of Graduate Studies in partial fulfillment of the
requirements for the degree of masters of strategic studies,
Calgary: Centre for Military and Strategic Studies, September
2012, 96 leaves; available at http://theses.ucalgary.ca/bitstream/11023/209/4/Ucalgary_2012_Bryson_Rachael.pdf
(accessed on 2 may 2014);
Abstract
In 1993 the Canadian Forces faced a crisis that reached
across all levels of the institution when the events of
the Canadian
Airborne Regiment in Somalia became public knowledge. The
report forthcoming from the civilian Commission of Inquiry
into
the Deployment of Canadian Forces to Somalia uncovered a
deeply flawed organization, rife with personnel unfit for
duty,
a dearth of leadership, and lacking organizational
direction. One of the major questions that arose within
public and academic
discourse following the release of the report was how the
Canadian Forces had reached this point of crisis.
This thesis argues that two major institutional changes-
unification in 1968 and civilianization in 1972- had
profoundly negative
impacts on the culture of the Canadian Forces,and are key
to understanding the military’s fall from grace. Using the
theory of
sociological neo-institutionalism to understand change
within military organizations, this thesis will
demonstrate a strong
correlation between unification, civilianization, and the
cultural changes experienced by the Canadian Forces during
this period.
Leadership will be used as a qualitative indicator for
measuring the changes in the military’s culture.
image
source: espritdecorps.ca/edec-online/prsmwfjrtnpqzfi6kls1fou9z01zjy,
accessed 18 September 2017
BUDNICK, Sharon, "Military Justice in Action: New Book blueprint
for modernizing military law justice", Esprit de Corps --
Canadian Military Than & Now, volume 22, number 6, p.
48; on Drapeau and Létourneau's book;
BULL, Ernest Bolton, 1907-, legal officer with the JAG branch,
see "New Appeal Judge Comes From Family of Lawyers", The Vancouver
Sun, 6 November 1964, at p. 3, available at https://www.newspapers.com/image/....,
accessed 27 June 2020;
BULL, Henry Herbert, legal officer with the Judge Advocate
Branch, see the article: "Tribute is Paid Civil Servants", The
Globe and Mail, 16 December 1942, at p. 4; see http://onf-nfb.gc.ca/en/our-collection/?idfilm=17287
(accessed 6 March 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
[Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca....,
accessed 25 November 2018 ProQuest Historical Newspapers,
The Globe and Mail]
___________on BULL, Henry, married Marjorie Helen Brett, see
"Social and Personal", The Windsor Daily Star, Tuesday, 22
December 1942 at p. 17; available at
https://www.newspapers.com/image/...., accessed 21 June 2020;
___________on BULL, Henry, see the National Film Board of Canada
film entitled "Problem Clinic", 1955, 12 minutes, in which
Henry Bull is acting as a Crown prosecutor (which he is in
reality); see http://onf-nfb.gc.ca/fr/notre-collection/?idfilm=3848&gal=1
(accessed 6 March 2019);
After graduating from Osgoode Hall Law School, Bull was a
solicitor in the Succession Duty Office of the
Ontario Treasury; after a year he got transferred to the
Attorney General’s Office, where he was appointed
assistant crown prosecutor. In 1942 he joined the army and
was a prosecutor in the legal department at Camp
Borden; he was later appointed Assistant Deputy Judge
Advocate. On his discharge he returned to his civilian
position, back to his role as prosecutor. It’s a grinding
exacting job.
BURCHETT, Bruce M. (Bruce Myatt), 1947-, Race
and the AWOL offender : the effect of the defendant's race on
the outcome of courts-martial involving absence without leave,
thesis (Ph.D.)--Carleton University, 1984; deals with US AWOL;
available at https://curve.carleton.ca/c9f57a93-289a-4b56-986c-22ca42d64a6d
(accessed 15 August 2016);
__________on Heather Burchill, see the article in Bussey, B.W. Title: The legal revolution against the
accommodation of religion: the secular age versus the sexular ageIssue Date: 2019-06-27 and available at https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/17140/index.do
(accessed 18 April 2020); the article indicates that Heather
Burchilll is with the OJAG, probably in the reserve force;
Heather received a Bachelor of Laws degree
from Dalhousie Law School in Halifax in
2003, and was called to the Nova Scotia Bar in 2004.
....
Before attending law school, Heather worked as a Staff
Officer with Maritime Command
Headquarters, where she was responsible for implementing a
national human rights
program called Standards for Harassment and Racism
Prevention (SHARP)....
Prior to joining the Navy, she served for several years as
an Officer with the Military Police
Reserves.
......
She is a former Chair of the provincial Military Law
Section....
The Bureau operates under the direction of the Executive
Director and Chief Pensions Advocate and is assisted by
two Directors; Director,
Legal Operations and Director, Strategic Planning
and Management Support. BPA also has 14 Offices across Canada,
each staffed by at least
one lawyer, as well as an Appeal Unit in Charlottetown
comprised of a team of lawyers. All Pensions
Advocates are lawyers and members of
their respective law societies.
------
Équipe du BSJP
Le Bureau est dirigé par le directeur exécutif et chef
avocat-conseil des pensions, qui est épaulé par deux
directeurs, à savoir le directeur, Opérations
juridiques, et le directeur, Planification stratégique et
Soutien de gestion. Le BSJP se compose également
de 14 bureaux de district, répartis à travers le
Canada, dont chacun comprend au moins un avocat. Il compte
ausssi une unité d’appel située à Charlottetown, qui
comprend une équipe d’avocats. Les
avocats des pensions sont tous membres de leur barreau
provincial respectif.
BURKE, Ashley, "Most cases of extremist conduct in Canadian
military don't end in discipline, says document --Cases tend to be
handled behind closed doors, often with the accused agreeing to
leave the ranks", CBC News, 19 December 2019, available at https://www.cbc.ca/news/politics/caf-extremism-racism-cases-disciplined-1.5400747
(accessed 19 December 2019);
Image
source: twitter.com/davidburkecbc, accessed 3 June 2017
David Burke
A Canadian soldier has lost a legal battle to
recover tens of thousands of dollars he lost when posted to
a new city, even as the judge
hearing the case questions the fairness of the government
policy denying him more compensation.
"I am disappointed with the decision," Maj. Marcus Brauer
wrote on a GoFundMe page set up to raise money for his
court case.
BURKE, Gary J., Good for the Boy and the Nation: Military
Drill and the Cadet Movement in Ontario Public Schools1865-1911,
thesis, degree of doctor of education, Graduate Department of
Education, University of Toronto, 1996, xii, 276 leaves, available
at http://www.collectionscanada.gc.ca/obj/s4/f2/dsk4/etd/NQ82595.PDF
(accessed 21 May 2017);
Image
https://www.facebook.com/annemarie.burns.374, accessed 15 August
2016
Anne-Marie Burns with child
BURNS, Anne-Marie, La
sous-traitance d'activités militaires par l'État au secteur
privé : une entorse aux règles du droit international
humanitaire, mémoire de thèse pour le grade LL.M.,
Université Laval, 2011, x, 163 p., disponible à [Consulter
le document] (vérifié le 28 février
2012);
BURT, Alfred LeRoy,
1888-1971, "The happy days of the military regime" in The
French Canadians, 1759-1766, Vancouver : Copp Clark Pub.,
c1966, at pp. 34-42; article noted in my research but not
consulted yet (7 October 2015);
Image
source: , accessed 16 January 2018
___________The old Province of Quebec, Minneapolis:
University of Minnesota Press, 1933, see Chapter III, "The
Canadians under Military Rule", at pp.13-56;
Stephen Burt, image source accessed on 6
February 2019: https://ml-fd.caf-fac.ca/en/2018/04/12233
BURT, Stephen, testimony before the House of Commons Standing
Committee on Access to Information, Privacy and Ethics, study of the Security of Canada
Information Sharing Act, evidence, Thursday, 2
February 2017(42 Parliament, 1st Session, number 043), available
at http://www.ourcommons.ca/DocumentViewer/en/42-1/ETHI/meeting-43/evidence
(accessed 6 February 2019)
[Mr. Burt, Assistant Chief of
Defence Intelligence, Canadian Forces Intelligence
Command, Department of National Defence]
Before I speak about SCISA [Security
of Canada Information Sharing Act] and
provide my organization's perspective on it,
I'd like to provide some background on the role of my
organization because I think it is perhaps not as well
known as some of the others.
The chief of defence intelligence, or CDI, is the
functional authority for defence intelligence in Canada.
The CDI is also the
commander of the Canadian Forces intelligence command, or
CFINTCOM, an organization with a mandate to provide
credible,
timely, and integrated defence intelligence capabilities,
products, and services to the Canadian Armed Forces, the
Department of
National Defence, the Government of Canada, and our allies
in support of Canada's national security objectives.
Defence intelligence is a key element in the ability of
the Government of Canada to make informed decisions on
defence issues,
national security, and foreign affairs.
....
CFINTCOM focuses the vast
majority of its energy on foreign military threats and
support to CAF operations abroad.
....
First, please allow me a word concerning our
current information-sharing authorities outside of
SCISA and the measures
we take to protect personal information when it
comes into our care. Department of National Defence
and the Canadian
Armed Forces information-sharing activities are
generally conducted under the crown prerogative for
National Defence,
and we have in place a robust governance regime that
includes numerous policies, memoranda of
understanding, and other
information-sharing arrangements as well as
oversight and accountability mechanisms related to
the handling of that information.
The majority of the information that National
Defence and the CAF share and receive is operational
and not personal in nature.
This can include information regarding deployed CAF
assets, defence intelligence in support of
operations such as satellite imagery
products, or imagery in support of activities
undertaken with foreign defence partners.
[Translation]
However, although SCISA could be used to
receive and share that type of information, the
Crown prerogative also serves as the
legal basis to receive and share personal
information in the national security field as part
of the mandate of the national counter-
intelligence program.
Under this program, the Canadian Armed Forces
ensure that threats to the security of National
Defence and the Canadian Armed
Forces in Canada or on deployments abroad are
identified, investigated and countered.
[English]
In fulfilling this mission, the Canadian
Forces national counter-intelligence unit
shares and receives information, including
personal information, with police and security
intelligence agencies under the auspices of
the security intelligence liaison
program. Activities conducted under this
program are authorized by an internal
oversight to ensure compliance and consistency
with the national counter-intelligence
program's mandate, including that the receipt
and dissemination of information is carried
out in accordance with National Defence and
CAF policy and access to information and
privacy legislation.
....
In addition to the
authority found under SCISA, other forms of
authority, notably the crown prerogative,
can and will continue to
be used by DND and the CAF. Note that SCISA
does not in any way limit or affect the
information-sharing authorities provided
under the prerogative. For clarity, this is
stated in the act itself in section 8. SCISA
does, however, assist other government
organizations in sharing with DND and the
CAF. For this reason, we remain supportive
of SCISA and wish to remain on the
list of recipient organizations in schedule
3 of the act.
Should a government institution wish to
share information with DND or the CAF
under SCISA, we will adhere to the
following process for receipt. Discussions
with the providing institution will take
place to establish whether the information
is relevant and within our mandate to
receive and whether it relates to
activities that undermine the security of
Canada. Once
received, the information will be examined
to determine which internal organizations
in DND and CAF should have access to it.
Any information received under SCISA will
be assessed in accordance with the
requirements of the Privacy Act, the
Access to
Information Act, and all associated
Treasury Board Secretariat policy and
direction.
....
What do we do to ensure that the
privacy of Canadians remains
paramount? Like Mr. Rochon, most of
our work, as I said, is
directed overseas, and it's part of
Canadian operations abroad.
Where we do deal with Canadians is on
our counter-intelligence program, but
there it really has to be restricted
to something
that directly affects the security of
National Defence or the CAF, so it has
to deal with our employees, Canadian
Armed Forces
personnel, our property assets, and
whatnot.
....
We also don't
collect information on Canadians.
When we receive information of that
nature, it's usually part of a
judicial inquiry
conducted by the RCMP, for example,
that concerns a member of the
Canadian Armed Forces or a National
Defence employee.
In these cases, we determine what we
can do and how we can be useful to
the inquiry. The fact remains that
all this is managed
by that organization's legislation
and regulations. On our own, we
don't have a role in collecting
information on Canadians.
....
We're subject to the
oversight of the [Privacy
]Commissioner himself, the
Office of the Information
Commissioner and the Auditor General. We also
have an ombudsman in the
Department of National Defence.
In terms of
counter-intelligence, we have a judge advocate
general committee consisting of
lawyers who work internally and
of external organizations that specifically monitor our
counter-intelligence capacity.
[emphasis in bold added for this
web site]
I'm fairly confident about the
mechanisms that govern us to
ensure compliance with the
legislation and policies under
which we operate.
Image source: facebook.com/dpburtonwilliams, accessed 13 December
2017
Desmond P. Burton-Williams
BURTON-WILLIAMS, Desmond P., legal officer with the OJAG; photo of
Major Burton-Williams with others:
"Office of the JAG@JAGCAF2h2
hours ago [21 November 2018]
Maj Brian Jalonen, Maj Desmond Burton-Williams, Lt(N) Ruth
Shojaei and Lt(N) Naomi
Watson, from our Admin Law Division recently took part in
the @CBA_News
Administrative Law,
Labour and Employment Law Conference, a great learning
opportunity in these challenging fields of law.",
accessed 21 November 2018.
BURTON-WILLIAMS, Desmond P., and John Carpay, "The Right to
Offend: A Canadian Constitutional Principle", Canadian Constitution
Foundation, 2009, 23 p.; available in part at http://deslibris.ca/ID/219375
(accessed 19 October 2018);
BUSSEY (now Simms), Trina (T.D.), Captain, legal officer member of
the OJAG; was with the Regional Military
Prosecutions Western and
Counsel for Her Majesty the Queen in the case of Sarganas
M. (Corporal), R. v., 2008 CM 2003 (CanLII), <http://canlii.ca/t/27zp9>
(accessed 10 May 2018); now Crown prosecutor in Corner Brook,
Newfoundland; now known as Trina Simms;
____________on Trina Bussey, now
Trina Simms, was BUSSEY, T.D, Captain, the prosecutor in the
Standing Court Martial of R. v. Faught 2006 CM 30 (plea in
bar of trial denied, 28 February 2006), Shilo, Manitoba, 2 March
2006, source of information: MADSEN, C.M.V. (Chris
Mark Vedel), Military law and operations, Aurora (Ontario): Canada Law Book, c2008-, vol. 3, at p. APP2: 2006-4;
___________on BUSTEED, Edwin Botsford, see
article "Le décès du Lieut.-Colonel E.-B. Busteed -- Une personalité
bien connue qui disparaît -- Avocat et soldat -- Belle carrière", La
presse, Montréal, jeudi le 25 mars 1920, à la p. 2; disponible
à http://collections.banq.qc.ca/ark:/52327/3102702
(consulté le 9 août 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
BUTTON, Maj. T.J., "Targeted Killings and International
Humanitarian Law", JCSP 40, Exercise Solo Flight, 2014, 13
pages; available at http://www.cfc.forces.gc.ca/259/290/301/305/Button.pdf
(accessed 2 February 2017);
Abstract
Compulsory military service took on the most organized, long-term
form it has ever had in Canada during the Second World War. But
few historians have
looked beyond the politics of conscription to study the creation,
administration, or impact of a system that affected more than
150,000 men. This thesis
examines the Army's role in creating and administering the
compulsory military training system, and particularly the
influence of Major-General H. D. G.
Crerar and other senior officers. Faced with the federal
government's policy of conscripting manpower only for home defence
in 1940, and influenced by
their own personal and professional desires to create a large,
powerful Army that could take a leading role in the fighting
overseas, Army leaders used
conscripts raised under the National Resources Mobilization Act to
meet both purposes. In this development can be found the origins
of the "big army"
of five divisions that fought for Canada overseas. Ultimately,
thanks to the burden created by the "big army," and the entry of
Japan into the war in late
1941, the NRMA failed to meet the huge demands imposed on the
nation's manpower resources. The result was the political crisis
that almost brought
down the federal government in October and November 1944. This
thesis also explores the origins and background of the conscripts
themselves, and the
impact of the NRMA on their lives. As the NRMA became more and
more central to the Army's plans after 1941, conscripts were
exposed to a number of
pressures designed to convince them to volunteer for overseas
service. By late 1944, the only ones who remained were those who
had most strongly
resisted these efforts, a fact that the country's generals
understood better than its politicians. The events of late 1944
brought the Cabinet to an awareness of
the situation, but only at the cost of the prestige and influence
that the Army had built up over the earlier years of the war.
Thus, the way that the Army
managed the NRMA came very much to shape the political debates
that took place, and the place of the Army in Canada after the
war.
(Source: http://digitool.library.mcgill.ca/R/?func=dbin-jump-full&object_id=36881,
accessed on 15 Decenber 2011);
Part 2: The National Resources Mobilization Act and
the Rise of the Big Army
2 Mobilizing Canada: The Creation of the Thirty-Day
Training System, 1939-40
3 Enshrining the NRMA: Compulsory Military Service,
1940-41
4 Creating the "Big Army": Conscription and Army
Expansion, 1941-43
Part 3: Canadian Conscripts and Their Experiences
during the War
5 Canada’s Zombies, Part 1: A Statistical Portrait
6 Canada’s Zombies, Part 2: Life in Uniform
Part 4: The Fall of the Big Army
7 "No stone … Unturned": The Failure of Conscription and
the Big Army, 1943-44
8 Revolt or Realization? The NRMA and the Conscription
Crisis of 1944
Part 5: The Aftermath
Epilogue: Conscription and Canadians in the Second World
War
Appendix 1: The National Resources Mobilization Act,
1940
Archival Sources Consulted
Notes
Index
[source:
http://www.ubcpress.ca/search/title_book.asp?BookID=299175030,
accessed 3 June 2016]
BYERS, Michael, "Affidavit." In Report Filed in Federal
Court, Amnesty International Canada and British Colombia Civil
Liberties Association v Chief of the Defence Staff for the
Canadian Forces, Minister of National Defence and Attorney General
of Canada, Court File Number T-324-07, 2007,
http://www.bccla.org/antiterrorissue/afghan_detainee_litigation.html;
researh note: title noted in my research but affidavit not
consulted yet (7 September 2016);
___________ "Canada's Retreat from Laws of War: Why do we still
collude with torturers?, 25 Nov 2005, TheTypee.ca, available
at http://thetyee.ca/Views/2005/11/15/LawsOfWar/
(accessed on 21 December 2011);
Then, there is the issue of detainees. In January 2002,
Canadian soldiers captured suspected Taliban and al-Qaeda
fighters in Afghanistan and handed them over to U.S. forces. The
transfers took place despite the fact that U.S.
Defence Secretary Donald Rumsfeld had publicly refused to
convene the "status determination tribunals" required by the
Third Geneva Convention of 1949, to investigate whether
individuals captured on the battlefield are prisoners of war.
Canada,
by choosing to hand the detainees over, also violated the Third
Geneva Convention. The transfers did not, however, violate
Canada's obligations under the 1984 Torture Convention, since
there was no reason to believe that U.S. forces would mistreat
the detainees.
Today, we know better. Photographs, news reports and official
investigations into abuses at Abu Ghraib Prison in Iraq, Bagram
Air Base in Afghanistan and Guantanamo Naval Base in Cuba
indicate that, at best, the U.S. military has failed to educate
its
soldiers about human rights and international humanitarian law.
At worst, the revelations suggest a policy of law-breaking that
extends all the way up the chain of command, to the Secretary of
Defence and perhaps the commander-in-chief himself.
The denial of access to legal counsel, the removal of detainees
from occupied Iraq (in blatant violation of the Fourth Geneva
Convention), and leaked legal opinions that seek to justify
torture provide additional cause for concern.
___________"Legal Opinion on the December 18, 2005 'Arrangement
for the Transfer of Detainees Between the Canadian Forces and
the Ministry of Defence of the Islamic Republic of Afghanistan'
", 7 April 2006, available at https://liu.arts.ubc.ca/wp-content/uploads/2006/09/Legal-Opinion-Transfer-of-Detainees.pdf
[Amnesty International Canada v. Canada . [2008] F.C. 336
(Can.), see footnote 191 of the article John B. Bellinger III
and Vijay M. Padmanabhan, "Detention Operations in Contemporary
Conflicts : Four Challenges for the Geneva Conventions and Other
Existing law", (2011) 105 The American Journal of
International Law 201 available at p. 235];
___________"Mobilising
Canada: the National Resources Mobilization Act, the Department
of National Defence, and compulsory military service in Canada,
1940-1945", (1997) 7 Journal
of the Canadian Historical Association
175-203; title noted in my research on 5 April 2018 but
article not consulted yet;
___________"Transfer of detainees is complicity in
torture. The world's most respected human rights
organization has just accused this country of complicity in
torture. Canadians should hang their heads in shame",
www.thestar.com/opinion, Toronto Star, 14 November 2007; available
at https://www.thestar.com/opinion/2007/11/14/transfer_of_detainees_is_complicity_in_torture.html
(accessed 8 October 2016);
___________"Transferring to Torture: Canada
Human Rights and Detainees", available at https://www.youtube.com/watch?v=r-fezviKVpo
(accessed 7 October 2016); Michael Byers in the video is
introduced by Gail Davidson;
Michael Byers examines whether the transfer of
people captured in Afghanistan by the Canadian Armed Forces
to Afghan authorities
violated international law including the Geneva Conventions,
the Convention against Torture and the Rome Statute. Michael
Byers
was the Canada Research Chair in Global Politics at UBC. He
writes speaks and teaches about the use of military forces,
human
rights, terrorism and international law. Professor Byers is
the author of many books including War Law: Understanding
International
Law and Armed Conflict.
___________War Law: Understanding International Law
and Armed Conflict, Vancouver, BC: Douglas & McIntyre,
2005, 224 p.;
Image
source: mdx.ac.uk/about-us/our-people/staff-directory/profile/schabas-william,
accessed 1 January 2018
Prof. William Schabas
BYERS, Michael and William A Schabas, Letter to Mr. Luis
Moreno-Ocampo, Prosecutor, International Criminal Court,The Hague,
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[Editor's Note
Yesterday, two international legal scholars, Prof.
Michael Byers from the University of British Columbia and
Prof. William A.
Schabas from the Irish Centre for Human Rights, sent a
letter to the Prosecutor of the International Criminal
Court in The Hague.
The letter, a copy of which is posted below, asks the
Prosecutor to investigate whether Canada's two most senior
military officials
[Mr. Gordon O'Connor, the Canadian Minister of National
Defence, and General Rick Hillier, the Canadian Chief of
the Defence Staff]
committed war crimes by allowing the transfers to take
place and by not stopping them when credible reports of
torture surfaced.]
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of an Era?", (1975) 30(2) International Journal 284-298;
___________"Perceptions of Parliamentary Surveillance of the
Executive: The Case of Canadian Defence Policy", (1972) 5 Canadian
Journal of Political Science 234-250;
____________"Reorganization of the Canadian Armed Forces:
Parliamentary, Military and Interest Group Perceptions",
Carleton University, 1971, thesis, Doctor of Philosophy,
Department of Political Science, 464 leaves; available at https://curve.carleton.ca/theses/21366
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-------------------
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----
------------
--15th Judge Advocate General 2017-
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----
BGen
Watkin on the---
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--11th Judge Advocate General, 1993-1998
-----
----
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