-
Somalia
Inquiry & Government Reaction
- 1995-1997: Somalia Inquiry
- Departmental
Reaction to Somalia Inquiry
- Special
Advisory Group on Military Justice and Military
Police Investigation Services
January 1997 to July 1997 -
The Special Senate Committee on the Canadian
Airborne Regiment in Somalia (April 1997)
- Report to the Prime Minister on the
Leadership and Management of the Canadian Forces (March 1997)
- Minister's
Monitoring Committee on Change in the Department of
National Defence and the Canadian Forces (October 1997 to
1999)
- Bill
C-25--An Act to amend
the National Defence Act and to make consequential
amendments to other Acts (Royal
Assent, 10 December 1998)
- 2003 -- Five Year Review of Bill C-25
- 2011 -- Second Five Year Review of
Bill C-25
Cadet Unit Commanding Officer's Handbook, Regional Cadet Support Unit (Pacific) PO Box 17000
Stn Forces Victoria, BC V9A 7N2, November 2002; available at http://www.cic-pac.ca/FileLinks/coc_handbook.pdf
(accessed 10 March 2018);
- Commission d’enquête– Explosion d’une grenade –BFC
Valcartier/Board of Inquiry – Grenade Incident –BFC
Valcartier 30 Jul 74
- Enquête conjointe de la Sûreté du Québec et la
police militaire
-------------
Capitaine Jean-Claude Giroux, Photothèque Le
Soleil,
source:
Juge Anatole Corriveau, 1925-2016
lapresse.ca/le-soleil/justice-et-faits-divers/200907/29/01-888353-35-
source: fcfq.coop/avis-de-deces/anatole-corriveau-133139/
ans-apres-le-drame-de-valcartier-les-cadets-toujours-dans-une-zone
-grise.php
Juge à la Cour du Québec, chambre criminelle et
pénale, district de Québec, 1970-1995.
- Acquittement par le juge Anatole Corriveau le 21
juin 1977 du capitaine Jean-Claude Giroux de l'accusation de
négligence criminelle causant la mort
- Sénécal c. Canada (1977), Montréal T-2546-75 (Cour
fédérale)
- Poursuite contre la Couronne
- livres écrits sur cet incident:
source: amazon.ca/GRENADE-VERTE-FONTAINE-HUGO/dp/2923681819/ref=pd_sim_14_1?_encoding=UTF8&psc=1&refRID=TB7BED633AZD6A21CJ50
- Fostaty, Gerry, As You Were: The Tragedy at
Valcartier, Fredericton, N.B.: Goose Lane
Editions, 2011
source: amazon.ca/GRENADE-VERTE-FONTAINE-HUGO/dp/2923681819/ref=pd_sim_14_1?_encoding=UTF8&psc=1&refRID=TB7BED633AZD6A21CJ50
- Fontaine, Hugo, La grenade verte: Valcartier 1974:
Les Oubliés de la compagnie D, Éditions La Presse,
Montréal, 2011
On 28 February 2018, the Canadian Armed Forces
Legal Branch celebrates the 100th anniversary of
its creation and a century of dedicated and
loyal service to Canada and the Canadian Armed Forces.
Prior to the appointment of the first Judge Advocate
General, Henry Smith on 1 October 1911, the only
official advisor on matters of military law
was the British Judge Advocate General. Throughout World
War I and until the formal creation of the Legal Branch,
Major General Smith typically
worked alone, with occasional assistance from other
officers who happened to be legally trained. The
establishment of the Legal Branch was recognition
of the need to institutionalize the provision of legal
advice.
Today, the Legal Branch is comprised of
approximately 250 legal officers, Regular and Reserve
Force, working in, and deployed to, many locations
across
Canada and around the world.
During the week of 26 February – 1 March 2018,
the Legal Branch will gather in Ottawa for its annual
Continuing Legal Education symposium. During this
time, we encourage you to visit the NDHQ concourse
display where members of the Branch will be on hand,
happy to discuss the past, present and future of the
Branch.
Le 28 février 2018, la Branche des services
juridiques des Forces armées canadienne célébrera son
100e anniversaire ainsi qu’un centenaire de
loyaux et
dévoués services pour le Canada et les Forces armées
canadiennes.
Avant la nomination du premier Juge-avocat
général, Henri Smith le 1 octobre 1911, le seul
conseiller juridique officiel en matière de droit
militaire était
le Juge-avocat général britannique. Durant la
Première guerre mondiale et jusqu’à la création
officielle de la Branche des services juridiques, le
Major-général
Smith travaillait généralement seul, avec l’aide
occasionnelle d’autres officiers ayant une formation
juridique La création de la Branche des services
juridiques
était une reconnaissance qu’il fallait donner un
caractère officiel à la prestation de services
juridiques.
Aujourd’hui, la Branche des services juridiques
compte environ 250 avocats militaires, force régulière
et force de la réserve qui travaillent ou/et sont
déployés
à plusieurs endroits tant au Canada qu’à
l’étranger.
Au cours de la semaine du 26 février au 1 mars
2018, la Branche des services juridiques se réunira à
Ottawa pour le séminaire annuel de formation juridique
permanente. Lors de cette occasion, nous vous
encourageons à visiter le grand hall du QGDN où les
membres de la Branche seront sur place, heureux de
discuter
du passé, du présent et de l’avenir de la
Branche.
James MacMillan, retired legal officer interviewed in the video
CAIN, Patrick, "Canada’s last military prison costs $2M a year.
About half the time, it has no prisoners. New information
obtained by Global News shows the detention facility at the Edmonton
Garrison is empty a lot but costs taxpayers a pretty penny. Fletcher
Kent reports", Global News Toronto, 23 May 2018; includes videos;
available at https://globalnews.ca/news/4097208/military-prison-edmonton-empty/
(accessed 24 May 2018);
The
Edmonton detention barracks, a small
25-cell prison run on very rigid military lines –
when there are inmates – is falling steadily into disuse.
On just over half the days since January
2017, it has had no prisoners at all.
Image source:
https://globalnews.ca/author/patrick-cain/, accessed 4 January 2018
Patrick Cain, former CAF officer
___________"In the Line of Fire", Ryerson Review of
Journalism, Summer 1996, available at http://rrj.ca/in-the-line-of-fire/
(accessed 4 January 2018);
Below is a
summary, as outlined by Canadian Forces Publication
"Dispatches: Lessons Learned for Soldiers, Volume 6
Number 2."
This pamphlet was written by Lieutenant Colonel
Watkin, Captain P Drew and Captain R Paquin and
released by the Army Lessons
Learned Centre. Large tracts of the text of this
pam (which originally appeared as Canadian Forces
training manual B-GJ-005-104/FP-023
produced by the Judge Advocate General) have
been reproduced verbatim below.
Historical examples, will
illustrate that these issues have
been of concern to the Regiment throughout its
history.
CALLAN, Randall William (Randy), 1953-2017, "Lieutenant-Colonel
Randall William Callan Appointed as a Judge in the British Columbia
Provincial Court", News Release / February
13, 2012 / Project number: NR
12.020, National Defence and the Canadian Forces;former
JAG officer, died on 25 November 2017; accessed on 28 November 2017;
OTTAWA – The Honourable Peter MacKay, Minister of
National Defence, is proud to highlight the recent
appointment of a Canadian Forces member, Lt.-Col.
Randall William Callan, as a Judge to the British
Columbia Provincial Court.
“Lt.-Col. Callan’s appointment to the British Columbia
Provincial Court is a significant accomplishment, and
speaks to his great skills as a lawyer and to
the excellent calibre of our Canadian Forces legal
officers,” said the Honourable Peter MacKay. “On behalf
of the Department of National Defence and the
Canadian Forces, I would like to congratulate Lt.-Col.
Callan on his appointment, thank him for years of
dedicated service to the Canadian Forces and wish
him the very best of luck in his new role.”
“Lt.-Col. Randy Callan has served with great
distinction and honour, both as a Reservist and as a
Regular Force member during his career in the Canadian
Forces. He has developed the skills and experience that
will serve him well in this demanding position with the
B.C. provincial court,” said General Walt
Natynczyk, Chief of the Defence Staff. “His appointment
also reflects very well upon the Office of the Judge
Advocate General and the Canadian Forces
as a whole. I'm extremely proud of him and I wish him
well as he assumes this important post.”
Lt.-Col. Callan is a legal officer with the Office of
the Judge Advocate General and is currently serving as
the Assistant Judge Advocate General Atlantic
Region. He has been deployed to Afghanistan and Sudan
and was counsel for the Government of Canada and the
Canadian Forces before the Somalia
Inquiry in 1996.
“I am very pleased to congratulate Judge Callan
on his appointment,” said Brig.-Gen Blaise Cathcart,
Judge Advocate General. “Randy Callan is an
outstanding legal officer who has served the Canadian
Forces loyally and well, both at home and
abroad. His appointment to the bench is a rare and
high honour. It provides an indication of the
respect in which Judge Callan is held within
the legal profession and reflects the high quality
of the legal
officers within the Office of the Judge Advocate
General. Randy's extensive experience as
trial counsel within the Canadian military justice
system
will serve him well in his new role.”
Lt.-Col. Callan is one of nine newly appointed
Provincial Court judges in regions across the province
of British Columbia to further address caseload
pressures on B.C.’s courts and improve access to the
justice system. Lt.-Col. Callan will serve in Prince
George and his appointment is effective April 2,
2012. He will be retiring from the Canadian Forces at
that time.
CALLAN, Randall (Randy) William
LCol (Ret), CD, B.A., LL.B. We are heartbroken to
announce Randy's passing in Prince George, BC on
November 26th, 2017.
He is survived by the loves of his life: his wife Patti,
sons Joel, Spencer, and Casey, and sister Jill Callan.
He is also survived by sisters-in-law Dr. Aileen
Wight-Felske
(Dr. Lorry Felske), Peggy Wight, and brother-in-law Dr.
Jim Wight (Irena Streibl). Randy's greatest passions in
life were being there for his family, and service to his
country. Born in Portage La Prairie, Manitoba, on May
23rd, 1953, he completed both his history BA and LLB at
the University of Manitoba. Randy was active in the
Canadian Forces since 1972, first as a logistics
officer, and then as a legal officer. He served
domestically and around the world in many different
theatres and capacities:
Cyprus, Aviano, Afghanistan, Sudan, and two Olympic
games. In 2012, Randy was sworn in as a Provincial Court
Judge sitting in Prince George. He was immensely
respected, regarded, and enjoyed by his family and
peers. His real presence in a room, in both stature and
personality, as well as his welcoming nature and
boisterous
laugh will never be forgotten. His character was as
large as his frame and was equally unforgettable. He was
always a great friend, mentor, and inspiration to many.
Randy always gave reasons to smile to those in his
company. He had many hobbies including reading history,
scuba diving, fitness (YMCA), novice fly-fishing and
collecting and painting miniature model soldiers. The
warm love and great companionship that he shared with
his family, friends, and the world will be sorely
missed.
A service will be held on Saturday, December 2nd, 2017,
at 3:00pm, at the First Baptist Church in Prince George
located at 483 Gillette Street. A celebration of Randy's
life will also be held in Victoria for his many friends
and colleagues on January 13th, 2018, at the Union Club.
In Lieu of flowers, donations can be made to the BC
Cancer
Foundation or to Soldier On.
Lieutenant-Colonel Randall William Callan, former Crease
Harman LLP partner, was appointed judge of the
Provincial Court of B.C. in Prince George
....
Lt.-Col. Callan is a legal officer with the
Office of the Judge Advocate General and is currently
serving as the Assistant Judge Advocate General Atlantic
Region. He has been deployed to Afghanistan and
Sudan and was counsel for the Government of Canada and the
Canadian Forces before the Somalia Inquiry in 1996.
Image
source: princegeorgecitizen.com/news/author-bios,
accessed 8 October 2016
Mark Nielsen, author of the article on Randy Callan
While serving as defense counsel in the
court-martial system he represented clients who suffered
from PTSD after service in Rwanda
and Bosnia. After 9/11 he had a number of friends who served
in Afghanistan and suffered symptoms of PTSD as a result.
Because of
this experience, he has a special interest in how people
with PTSD are treated in our justice system, either as
accused or witnesses.
Image
source: facebook.com/keith.calow.3, accessed 20 April 2017
Keith Calow
CALOW, Keith, Research note: “The Origins,
Establishment, and Early Work of the Court Martial Appeals Board of
the Canadian Armed Forces, c. 1945-60.” Supervisor: Roger Sarty, PhD
thesis in progress, Laurier, Faculty of Arts, current and past
graduate students, see https://legacy.wlu.ca/page.php?grp_id=177&p=2814
(accessed 11 September 2016);
___________A Sickly Season: The Royal Canadian Navy and the
Mainguy Commission, dissertation, for the degree doctoral of
Philosophy (PhD), Wilfrid Laurier University, 2016, advisor: Dr.
Roger Sarty;
ABSTRACT
This dissertation examines the proceedings of the Mainguy
Commission, which was established in 1949 to investigate
and report on a series of three
“incidents” of collective disobedience which had taken
place aboard Canadian warships in the early months of that
year. The “incidents” were the
culmination of a series of challenges that the senior
staff was already endeavouring to address internally.
Media and political attention to the indiscipline,
however, brought the minister to insist that there be a
public enquiry.
Historians who have examined the report of the Mainguy
Commission have generally accepted that in calling for the
Canadianization of the RCN it
represents a break between the RCN and its British
traditions. As this thesis demonstrates, the idea that
there was a groundswell of nationalist sentiment
in the RCN, and particularly on the lower deck, that
required a break with Britain is incorrect. In fact the
RCN had been attempting to address morale
issues for at least the two years prior to the “incidents”
and had a very good idea of the issues that had to be
dealt with.
This dissertation compares the transcripts of the
hearings of the Mainguy Commission and the report that it
produced. It will argue that the transcripts
in fact do not reveal any particular concern on the part
of RCN personnel that the navy was insufficiently
Canadian. The issues facing the RCN, as
disclosed in the transcripts, were related to the failure
of the government to spend the money required to ensure a
happy and effective fleet. In focusing
on the issue of the Canadianization of the RCN, it will be
argued, the government was attempting to draw attention
away from the real issues facing
the RCN and to exert control over the naval staff.
[source: http://scholars.wlu.ca/etd/1878/,
accessed 8 January 2017]
Major
Jean-Michel Cambron graduated from LavalUniversity with
a Law degree in 1992. He was
called to the Quebec Bar in 1994.
He
practiced law in private practice until his nomination as
member of the public inquiry investigating
the Sûreté du Québec.He was tasked with drafting duties until the report
was submitted to the government
in December 1998.
Major
Cambron joined the Office of the Judge Advocate General in
January 1999.His
first assignment
was in the Headquarters of the Land Forces Quebec Area in
the Office of the Assistant of the Judge Advocate
General.He
was then transferred to the Valcartier Garrison as Deputy
Judge Advocate for the 5th Sector
Support Unit.Concurrently,
Major Cambron was providing legal advice for 3 Wing, in
Bagotville. During
this period, he acted regularly as an instructor on
various LOAC courses, provided training on LOAC
and Operational Law issues.
He
was deployed from September 2001 to March 2002 in Bosnia and Herzegovina
as legal advisor to
the Canadian Battle Group deployed on Operation Palladium,
advising on use of force issues as prescribed
by Canadian and International Law. During the
pre-deployment phase, he supervised the Operational Law
aspect of the training of the Battle Group, including
providing LOAC training for the deployed staff.
Upon
his return from deployment, Major Cambron acted as legal
advisor of the 5 Canadian Mechanized
Brigade Group, based in the Valcartier Garrison. He
provided legal advice to the Brigade Commander, his
staff and the units composing the Brigade on issues mostly
related to military justice and operational training.
This position had an important LOAC training component,
having to deal with qualification and leadership
courses in the CombatSchool, as well
as unit and brigade level exercises.
He
provided training to Lithuanian, Polish and Ukrainian
contingents on LOAC and the use of force during
the Exercise Maple Arch 2003 as part of a Military
Training Assistance Program. This also gave Major
Cambron the opportunity to act as a LOAC guest lecturer in
Lithuania’s
MilitaryAcademy.
From
February 2004 to August 2004, he was the Senior Legal
Advisor of the Canadian contingent’s
National Command Element in Afghanistan
in the International Security Assistance Force. He
provided
advice on international law, conduct of military
operations, targeting, negotiations at various levels,
settled claims and advised on military justice issues. In
the pre-deployment phase, Major Cambron was
responsible for the legal aspects of the Canadian
Contingent’s training. He had the opportunity to
provide training as part of the LFDTS observer-controller
team in Fort Drum, NY and Sherbrooke,
Que. and to address the troops as well as the chain of
command on LOAC and Operational Law issues.
Since July 2005, he employed in the Training Directorate
of the Office of the Canadian Forces Judge
Advocate General. He is currently developing training on
topics such as LOAC and Operational Law.
-------------------------
Biographie Major Jean-Michel Cambron
Le major
Jean-Michel Cambron a obtenu un baccalauréat en droit de
l'Université Laval en 1992. Il est
inscrit au Tableau de l'Ordre du Barreau du Québec depuis
1994.
Il a exercé le
droit en pratique privée avant sa nomination à titre de
membre de la Commission chargée
d'enquêter sur la Sûreté du Québec.Il y occupa la
fonction de rédacteur jusqu'à ce que la Commission
remette son rapport au gouvernement en décembre 1998.
Le major
Cambron s'est joint au Cabinet du Juge-avocat général en
janvier 1999.Il
fut d'abord affecté au
Quartier-général du Secteur du Québec de la Force
terrestre. Il fut ensuite muté à la Garnison Valcartier en
qualité de Juge-avocat adjoint pour le 5e
Groupe de soutien de secteur. Concurremment, le major
Cambron
était chargé de fournir des services juridiques à la 3e
Escadre, à Bagotville en matière disciplinaire et
opérationnelle. Durant ce temps, il a souvent agi à titre
d’instructeur sur divers cours et entraînements en
matière de DCA et de droit opérationnel.
Il fut déployé
du mois de septembre 2001 au mois de mars 2002 en
Bosnie-Herzégovine à titre de conseiller
juridique du Groupement tactique canadien déployé sur
l’Opération Palladium, donnant en outre les conseils
juridiques destinés à assurer l’observancedu droit
canadien et du droit international. Durant la phase de
pré-déploiement, il a été en charge des questions de droit
opérationnel lors de l’entraînement du Groupement
Tactique et a donné un cours sur le DCA aux membres de
l’état major déployé.
À son
retour de mission, il a été nommé conseiller juridique du
5ième Groupe Brigade Mécanisé du Canada,
basé à la Garnison Valcartier. Il a ainsi donné des avis
juridiques au Commandant de Brigade, à son personnel
et aux unités de la Brigade sur la justice militaire et
l’entraînement opérationnel. Ce poste a comportant une
composante importante en matière d’entraînement sur le
DCA, le major Cambron a été impliqué dans les cours
de qualification et de leadership dispensés par l’École de
Combat en plus de s’impliquer dans l’entraînement
des unités et de la brigade.
Il fut chargé de donner de l’instruction à des contingents
Lituanien, Polonais et Ukrainien sur le DCA et sur
l’emploi de la force durant l’Exercice Maple Arch 2003
dans le cadre de l’Accord sur l’assistance à
l’entraînement militaire. Cette expérience a donné la
chance au major Cambron d’agir comme conférencier invité
sur le DCA à l’Académie militaire de Lituanie.
De
février 2004 à août 2004, il a été le conseiller juridique
principal de l’Élément de commandement national du
contingent canadien en Afghanistan dans le cadre de la
Force internationale d’assistance à la sécurité. Il a
ainsi
donné des conseils sur le droit international, sur le
droit opérationnel, sur la sélection des objectifs, a mené
des
négociations à divers niveaux, réglé des réclamations et
donné des avis sur la justice militaire. Durant la phase
de pré-déploiement, le major Cambron a été en charge des
aspects légaux de l’entraînement du contingent
canadien. Il a eu la chance d’agir au sein de l’équipe
d’observateurs contrôleurs du SDIFT à Fort Drum, NY
et Sherbrooke, Qc, de même que de s’adresser aux troupes
et à la chaîne de commandement sur le DCA et le
droit opérationnel.
Depuis
le mois de juillet 2005, il est membre de la Direction
juridique de la formation du Cabinet du Juge-avocat
général. Il travaille à présent au développement de la
formation en DCA et en droit opérationnel.
____________Letter from Jean-Michel Cambron, Deputy Director,
Directorate of International and Operational Law, Office of the
Judge Advocate General to Mr. Bede Sheppard, Senior Researcher,
Children's Rights Division, Huma Rights Watch, on the subject of
"Global Military Law Survey on Schools during Armed Conflict, dated
31 August 2010, available at https://www.hrw.org/sites/default/files/related_material/schools-canada.pdf
(accessed 18 January 2018);
___________"The Office of the JAG: Enhanced Institutional
Performance through a Corporate and Leadership Overhaul", 31 May
2010; Canadian Forces College JCSP 36 / PCEMI 36; disponible
à http://www.cfc.forces.gc.ca/papers/csc/csc36/mds/Cambron.pdf
(vérifié le 6 janvier 2010);
Le LCol Jean-Michel Cambron, de la gauche, deuxième personne
Le
lieutenant-colonel Jean-Michel Cambron explique le
rôle du Juge-avocat général devant 90 invités
d’Avocats sans frontières Canada et de l’Université
Laval, aux côtés du modérateur Érick Sullivan et
des panélistes Me Claudia Lopez David,
vice-protectrice du citoyen du Guatemala et Me Luc
Côté,
avocat spécialisé en droit international. Pour mener
ses missions, tant au pays qu’à l’étranger, les
Forces armées
canadiennes travaillent en étroite collaboration
avec diverses organisations internationales
et canadiennes ainsi que des organisations non
gouvernementales. Ce type d’échange et
d’apprentissage
est nécessaire pour informer tant les militaires que
les partenaires civils et gouvernementaux. //
Lieutenant Colonel Jean-Michel Cambron explains the
role of the Judge Advocate General before 90
guests from Lawyers without Borders Canada and
Université Laval, alongside the moderator and
panellists Erick Sullivan Me Claudia Lopez David,
Vice-protective of citizens of Guatemala and Luc
Côté, lawyer specializing in international law. To
carry out its missions at home and abroad, the
Canadian Armed Forces work closely with various
international and Canadian organizations and
non-governmental organizations. This type of
exchange and learning experience is needed to inform
both the military, as well as government and civil
partners.
Image
source: https://twitter.com/JAGCAF, 11 May 2018, accessed 19 May
2018
Jean-Michel Cambron (second from the right)
____________Photo with LCol Jean-Michel Cambron with the
following description:
Office of the JAG@JAGCAF 11 May
The legal advisor to the military police, LCol
Jean-Michel Cambron, and his team took part in the 2018
Military Police Symposiumthis week. Lots of great
discussion on military law with Canada's Frontline
Police Service.
Photo of LCol Jean-Michel Cambron, speaker at the 10th
Annual
Law of Policing Conference, 1-2 May 2019, Toronto.
---------
Image source: (2007)
1 JAG Les actualités
Newsletter 85.
__________"Services juridiques militaires: La France s'intéresse
au modèle canadien", (2007) 1 JAG
Les actualités Newsletter 85;
CAMERON, John C.A (John Charles A.), 1891-1976, nommé juge
au conseil d'appel des cours martiales, voir "Les militaires
disposent désormais d'un tribunal spécial d'appel", Le devoir,
3 janvier 1951 à la p. 3 et disponible à http://collections.banq.qc.ca/ark:/52327/2781599
(consulté le 10 août 2018); décédé à Montréal, 74 ans, le 18
octobre 1963; pas un avocat militaire; Cameron, un juge à la Cour
de l'Échiquier, en fut le premier président de ce conseil d'appel;
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
____________"In Memoriam: Cameron J.C.A.", The Globe and
Mail, 27 March 1976 at p. 55;
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
LCol J.R. Cameron, OBE
____________on CAMERON, John Ralph, see "Regimental Notes:
Lieutenant Colonel John Ralph Cameron, OBE, Commanding Officer, 1
Battalion and Presidential, Regimental Executive Committee", in
The Patrician, vol. 8, number 1, March 1955, at p. 1, available at
ppcli.com/wp-content/uploads/patrician/Patrician_1955_Mar.pdf,
accessed 13 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
"In 1940 Clarence Campbell enlisted
as a private in the Canadian Army.
(Imperial Oil-Turofsky/Hockey Hall of Fame)
CAMPBELL, Clarence Sutherland, lawyer, "One on one with Clarence
Campbell", 18 March 2011, available at https://www.hhof.com/htmlSpotlight/spot_oneononeb196601.shtml
(accessed 14 May 2019);
When the Second World War broke out in 1939,
Campbell put both his law practice and
his officiating on pause in order to serve his country. He
enlisted in the Canadian Army
as a private in 1940 and quickly rose through the ranks,
earning the rank of lieutenant
colonel by 1945, commanding the 4th Armoured Division.
Following the armistice,
Campbell was appointed as the prosecution lawyer for the
Canadian War Crimes
Commission at the Nuremberg trial of Kurt Meyer, a Nazi
convicted of executing
innocent Canadian prisoners of war. He was later awarded the
Order of the British
Empire and was made King's Counsel.
On his return to North America in 1946, Clarence was
appointed assistant to NHL
president Red Dutton, who had taken the position on the
sudden death of Frank Calder.
A few months later, during the NHL's semi-annual meeting,
Dutton resigned and put
forward his able assistant to succeed him. Clarence Campbell
served as the NHL's
third president from 1946 to 1977.
--------
The prosecution at the Kurt Meyer trial in 1945:
from the left: Lt-Col. Clarence
S. Campbell (later NHL president),
assistant-prosecutor, LCol. Bruce J.S. Macdonald,
prosecutor
and L.Col. Dalton G. Dean, legal officer from JAG
assisting the prosecution
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 CAMPBELL, Clarence Sutherland, Lieutenant-Colonel, was
the prosecutor in the court martial referred to in Boss, William,
"Canadian Pleads not Guilty to Murder Charge in Holland", Globe
and Mail, 1946/05/17, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5028166
(accessed 7 June 2019); court martial of Pte Stefan Kolesar accused
of murder at a court martial;
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 firm’s Senior Barrister Gordon S. Campbell is a Canadian Armed Forces veteran who has also served as counsel to the Military Police Complaints Commission and Department of Justice Canada, is author of The Investigator’s Legal Handbook (Carswell, 2006; 2nd ed. 2014; ed. française Yvon Blais 2010), and now represents CF Members, Veterans and their families across Canada up to the level of the Supreme Court of Canada.
Image
source: www.dundurn.com/books/Murder-Abbaye,
accessed 23 July 2017
CAMPBELL, Ian, 1943-, Murder at the Abbaye: the story of
twenty Canadian soldiers murdered at the Abbaye d'Ardenne / Ian J.
Campbell, Ottawa : Golden Dog Press, 1996. 187 p., [44] p. of plates
: ill., maps, ports. ; 23 cm.
NOTES: Includes bibliographical references and index., ISBN:
0919614639 (pbk.) ; copy at Ottawa University, Morriset Library D
804 .G4 C35 1996;
Mr. Campbell, born in St. Catharines and called
to the Ontario
Bar in 1930, was overseas in the Second World War with the
Royal
Canadian Artillery and later joined the Defense
Department's office
of the Judge Advocate General. He was named chairman
of the [Immigration
Appeal] Board in 1956.
__________Major J.C.A. Campbell was defence counsel in the
general court martial referred to in the article: "Soldier
Murder Case Decision To Be Announced", Globe and Mail,
1946/05/29; available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5028160
(accessed 30 August 2018); Capt. A.D. Crowe was the prosecutor and
Major E.D. Lee was the JAG;
___________on Campbell, J. Colin, see "Nantel
Posted to U.K.", The Globe and Mail, 1 March 1956, at p.
46:
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___________on Campbell, J. Colin, see National Archives
Canada, John
Colin Armour Campbell fonds [textual record]. [ca.
1850-1903]. Fonds / Collection. MG29-E74,
R9262-0-2-E. Textual material. [Access: Open]. Private.
Battery, 2nd Field Regiment, RCA He was
president of standing Courts-Martial, Camp Borden, 1945 and
assistant judge advocate general at Camp;
___________photo of CAMPBELL, J.C.A., Lieutenant-Colonel, in The
Ottawa Citizen, Friday, 2 March 1956 at p. 22; retrieved
from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2338129969?accountid=46526
, accessed 1 May 2020;
Source: www.kimcampbell.com/timeline, accessed 11 July 2016
Kim Campbell as Minister of National Defence
CAMPBELL, Kim, "Kim Campbell on the Somalia Inquiry", CBC Player,
CBC Archives, 30 January 1997, 10 minutes, available at http://www.cbc.ca/player/play/1791222626
(accessed 10 July 2016); Ms. Campbell, former DND Minister and
Prime Minister;
At the far left is the JAG, BGen Pierre Boutet
___________"Kim Campbell and the Somalia Affair", wn.com, 5 June
2017, available at https://wn.com/somalia_affair
(accessed 29 June 2017); video, 7 minutes and 23 seconds; also
available from CBC News on YOU TUBE at https://www.youtube.com/watch?v=hZtPFC2Kdkc
(accessed 26 November 2017);
Image
source: twitter.com/huguetteyoung?lang=en, accessed 5 July 2017
Huguette Young
___________on Kim Campbell, see the article by YOUNG, Huguette,
"Affaire somalienne : Kim Campbell croyait que l'armée voulait
l'intimider", Le devoir, Montréal, 30 janvier 1997, p. A4;
disponible à http://numerique.banq.qc.ca/patrimoine/details/52327/2767614?docsearchtext=avocat%20militaire
(vérifié le 14 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
___________Time and chance. The political memoirs of Canada’s
first woman prime minister, Toronto: Doubleday Canada,
1996, 434 p.; title noted in my research on the Somalia affair but
book not consulted yet (25 August 2019); to be read in connection
with the Somalia affair;
Source of
image: ca.linkedin.com/in/isabel-campbell-95860377, accessed 28
October 2017
Isabel Campbell
CAMPBELL, Margaret Isabel Catherine, 1957-, Harmony and
Dissonance. A Study of the Influence of Foreign Policy
Goals on Military Decision-Making with Respect to the Canadian
NATO Brigade in Germany, 1951-1964, Thèse présentée à la
Faculté des études supérieures de l'Université Laval pour
l'obtention du grade de Philosophiae Doctor (Ph.D.), Département
d'histoire, Faculté des lettres, Université Laval, Québec, 2000.
337 f.; disponible à http://www.collectionscanada.gc.ca/obj/s4/f2/dsk2/ftp02/NQ54006.pdf
(vérifié le 11 janvier 2015); aussi disponible à http://www.nlc-bnc.ca/obj/s4/f2/dsk2/ftp02/NQ54006.pdf
(consulté le 28 octobre 2017);
There was one Court Martial, involving a German-Canadian
romance, which was a marked exception as the file
indicated clearly its impact upon the Gemans. The
case was well reported in the German press as it captured
the
public imagination and there was even a German play
written based upon this event. [footnote 61 at p. 32]
......
An element of hypocrisy developed in the effort to
improve public relations. Canadian officers had
associated
socially with Kurt
Meyer, a convicted German war criminal.
Meyer as a German general had been convicted
of ordering the murder of Canadian Prisoners of War and
had served his sentence in Canada. When he was
released.
he visited the brigade and succeeded in negotiating a
contract to supply the Canadian camps with beer.
Meyer had
been a guest in the 0fficers Mess on a few occasions and
Canadian officers certainly knew his background.
Once the
association with Meyer became known through the American
troop publication, Stars and Stnpes, the
negative
publicity required that the relationship be
severed and so it was, though his contract to seIl beer
remained intact.
Meyer was respected by his fellow Germans and several
Canadians wrote letters criticising the legal
proceedings
against Meyer and defending him. They were
aware that Canadians had committed similar, but
unprosecuted,
crimes. Moreover, Meyer had served his
sentence.
[pp. 275-276, footnotes omitted]
The fonds consists of documents that were used by
Isabel Campbell for her research for her book, Unlikely
Diplomats.
The Canadian Brigade in Germany, 1951-64. The majority
of the files are duplicates from numerous archives and
government departments, books and articles. There are 11
series:
1. Erich Reichel Material 2. Court Martial records from the
Judge Advocate General Office
3. Directorate of History and Heritage (DHH) Collection
4. Library and Archives Canada (LAC) Documents
5. Miscellaneous Archival Documents
6. Chapters and Articles in Published Books
7. Articles, Papers and Drafts
8. List of Books and Documents for Further Research
9. Documents Presented to an Event
10. Interviews
11. Miscellaneous Files
Image
source: coloneltedcampbell.files.wordpress.com/2016/05/photo-on-2016-04-13-at-9-45-am.jpg?w=174
(accessed 16 January 2017)
Ted Campbell: "The periodic ramblings of an old, retired, Canadian
soldier...."
CAMPBELL, Ted, "Leadership [about the
court martial of Major General Michel Rouleau], Ted Campbell's
Point of View", blog of 14 October 2016; available at https://coloneltedcampbell.blog/2016/10/14/leadership/
(accessed 16 January 2017);
His sentence was lighter than many expected, lighter than those
imposed on others who did not, immediately, take full
responsibility
for their actions and, instead, tried to hind behind excuses. But
it was precisely because, from the very instant the negligent
discharge
happened, that MGen Rouleau took full, public responsibility and
hid behind nothing, that the judge awarded a relatively light
sentence.
The Canadian Forces have had too many instances, over the past
couple of decades, of senior, often very senior officers blaming
subordinates,
hiding behind rules and regulations and, generally, not welcoming
full responsibility for their actions …
CAMPBELL, William Ernest who has been in the OJAG, see "William
E. Campbell Named Magistrate", Richmond Review, Richmond,
BC, Wednesday 2 March 1966 at p. 1, available at
https://www.newspapers.com/...., accessed 28 May 2020;
-------
Sébastien Campeau, source: ca.linkedin.com/in/s%C3%A9bastien-campeau-722059a8,
accessed 29 August 2016
CAMPEAU, Sébastien, L'intervention militaire en octobre 1970
et La loi sur les mesures de guerre: modalités et
réactions, mémoire présenté comme exigence partielle de la
maitrise en histoire, juin 2009, Universié du Québec à
Montréal, vi, 155 p.; disponible à http://www.archipel.uqam.ca/2207/1/M10984.pdf
(accessed 29 August 2016);
Bruce
Campiom-Smith, image source: www.linkedin.com, accessed on 20
January 2015
CAMPION-SMITH, Bruce, "Canada’s top general
“horrified” by images of Iraqi abuse. Gen. Jonathan Vance, the
chief of defence staff, says he was “horrified” by the images
revealed by the Star of an elite Iraqi squad torturing and in one
case, executing a detainee", Toronto Star, 12 June 2017; available
at https://www.thestar.com/news/canada/2017/06/12/canadas-top-general-horrified-by-images-of-iraqi-abuse.html
(accessed 13 June 2017);
...Vance said the laws of armed conflict and
proper treatment of prisoners are among the lessons Canadian
troops are trying to impart to Iraqi
security forces as part of their advise-and-assist mission.
“We’re very good at that. It’s not
corny stuff. It’s not bringing a fuzzy set of imprecise
Canadian values to bear. Those Canadian values are
values which actually underpin the law of armed conflict,
that underpin the Geneva Conventions,” he said.
“That is one of the fundamentals
of professionalism, the righteous, judicial application of
force. We all have it in common, everyone in uniform
that’s a professional,” he said.
“Those who are not, those who fall
into the category of ragtag militia... they’re on your
side, they’re armed, but they’re not professional.”
After the abuse was revealed,
Foreign Affairs Minister Chrystia Freeland said Canadian
diplomats in Baghdad and Ottawa raised
their concerns
with senior Iraqi officials and sought assurances that the
ERD unit would be investigated.
The task force overseeing
Operation Inherent Resolve – the coalition effort against
Daesh – said it provided all information about the
“allegations”
to the Iraqi government. It said the Ministry of the
Interior had struck a committee to lead the investigation
“impartially” and, once complete, “take
legal actions in accordance with the law.”
Photo
by BLAIR GABLE / REUTERS, published with the article
From the left Lieutenant-Colonel Try Sweet, defence counsel, and
Brigadier-General Daniel Ménard
CAMPION-SMITH, Bruce, "Canadian general charged with obstruction of
justice. The former commander of Canada’s effort in
Afghanistan, along with a female subordinate, have been charged by
military police after admitting to a sexual affair", 12 July 2010,
available at http://www.thestar.com/news/canada/2010/07/12/canadian_general_charged_with_obstruction_of_justice.html
(accessed 12 January 2016);
A seven-year investigation into whether Canadian
military commanders ordered soldiers to turn a blind eye to
the abuse of young boys in Afghanistan is now in the
hands of the country’s top soldier, Gen. Jonathan Vance, for
review.
___________ "Failure to Act on Sex Abuse: Canadian military knew
of assaults on boys by Adghans, but didn't act because of
'unclear' training, poor communication, report finds", Toronto
Star, 13 April 2016 (accessed on 14 November 2014);
The defence department on Tuesday released the
results of a long-awaited investigation examining the
response
of the Canadian military to reports of sexual abuse of boys
by Afghan soldiers and interpreters.
....
But it did find evidence that commanders up and down the
chain were informed of "possible" sexual activity
but that action was limited and that formal reports were
never passed up the chain.
For example, on Oct. 3, 2006, a weekly advisory from
Afghanistan to the legal adviser for the command
leading the Afghan mission said that "possible sexual
assaults were taking place in theatre and that a CF
policy review was required."
CANADA MILITARY SERVICE COUNCIL, The Military Service Act,
1917 : Manual for the information and guidance of tribunals in
the consideration and review of claims for exemption /
Military Service Council, Ottawa : King's Printer, 1918, 117
p.; NOTES: Issued ... by the authority of the Hon. J.C.
Doherty, Minister of Justice; available at https://archive.org/details/MilitaryServiceAct1917Manual
(accessed 13 May 2017); NOTE: also available in French under the
title: Loi du Service Militaire, 1917; manual pour
l'information et la gouverne des tribunaux dans leurs
délibérations et revision des demandes d'exemption, 1918, 119 p. 8vo;
____________Report of the Military Service Council on
the administration of the Military Service Act, 1917 Military
Service Act, 1917, Ottawa : J. de Labroquerie Taché, Printer
to the King, 1918, 26 p. ; 25 cm. NOTES: E. L.
Newcombe, chairman. Includes supplementary report, 1918, bound in;
DISCIPLINE AND MILITARY LAW.
The discipline of the Overseas Military Forces of Canada for
the year 1918 was distinctly satisfactory, and this was largely
due to the efficient administration and discipline by Command
ing Officers and to the esprit de corps which has been nourished
and developed among all ranks of the Canadian Forces
Originally, the administration of Military Law affecting
the Canadian Troops in this country was carried out solely by
the Imperial Authorities acting through the Army Council
and the General Officers commanding the different Imperial
Commands. Since December, 1916, however, this position was
carefully but steadily modified by the adoption of the principles
of control of Canadian troops in England by the Canadian
Government through the Minister, Overseas Military Forces of
Canada and his Military Advisers.
The first modification arose in connection with the applica-
bility to Canadian Troops of the Royal Warrant for their pay,
etc., and early in 1917 it was established that Canadian Orders
in Council and Canadian Pay Regulations should govern this
subject exclusively.
Since then the principle has been extended to all dis-
ciplinary regulations. King's Regulations (Imperial) are still,
it is true, in general use, but this is for the most part a matter
of convenience and it is recognised that they are only applicable
where they are consistent with Canadian Regulations bearing
on the same subject. Army Council Instructions and Routine
Orders are only made applicable to the Canadian Forces when
considered desirable by the Canadian Authorities. No Imperial
Order or Army Council Instruction is applicable to the
Canadian Overseas Military Forces unless made so in Head-
quarters Canadian Routine Orders. [p. 37 ]
........
The work of the Branch of the D.A.A.G. comprises : —
Discipline. — Including the discipline of Units, Officers, other
ranks, Courts of Enquiry, Boards, Courts Martial, and Suspended
Sentences.
There is no subject of more importance to the Army than
that of discipline. It is the means by which the Army is held
together and carries on. Without discipline all military bodies
become mobs, and worse than useless.
It is a particular function of the D.A.A.G. [DEPUTY ASSISTANT ADJUTANT-GENERAL'S] Branch to see to the maintenance of discipline throughout the Corps, and while the responsibility for the discipline of a Unit rests in the first instance on the Commanding Officer, supervised by the Brigade and Divisional Commanders, the general direction and supervision rests with the D.A.A.G.
To maintain discipline and award punishments for military
offences, the Commanding Officer of the Unit has ample powers
of summary punishment. For more serious cases the offender
is sent for trial by a Field General Court Martial, which has
plenary powers of punishment. For the trial of all serious,
difficult or complicated cases the Court Martial Officer, a trained
legal expert, attends. He records the evidence and advises the
Court on all points of law and procedure.
But discipline enforced by punishment alone is a poor sort of
discipline which will not stand any severe strain. What is
aimed at is the high state of discipline which • springs from a
military system administered with impartiality and judgment so
as to induce on all ranks a feeling of duty and the assurance that,
while no offence will be passed over, no offender will be unjustly
dealt with.
In order to give men who have committed serious military
offences through exhaustion, temporary loss of nerve, or other
causes, an opportunity of redeeming their character and earning
the remission of their sentences the Army (Suspension of
Sentence) Act was passed. This Act provides that when any
soldier is sentenced by a Court Martial to penal servitude or
imprisonment he will not be committed to prison, but will be
kept under arrest until the directions of the " Superior Military
Authority," that is, the Commander-in-Chief or the Army
Commander, are received. The Act does not affect the rights of
confirming and reviewing authorities to commute or remit the
sentence of the Court Martial, but where such authorities consider that sentences of penal servitude or imprisonment
should be carried out they state this definitely in a separate
minute when forwarding the proceedings giving their re-
commendations. When a sentence has been suspended by a
" Superior Military Authority," the Unit concerned is at once
notified by telegram, stating the date of suspension, and the
soldier under sentence is released from arrest. He thereupon
becomes free from any disability in respect of the sentence
which has been suspended.
Where a sentence has been suspended the case may at any
time, and must at intervals of not more than three months, be
reconsidered by a " Competent Military Authority," who is
usually the Brigade Commander or other officer holding an
equivalent or superior command. If on the reconsideration of
the sentence it appears to the " Competent Military Authority "
that the conduct of the soldier has been such as to justify a
remission of the sentence he shall remit it. If he does not think
the soldier's conduct deserves the remission of the sentence, he
may bring it forward for reconsideration at a later date. If, on
the other hand, the soldier's conduct justifies it, the " Superior
Military Authority " may order that the soldier be committed to
prison to serve the sentence.
The working of the Act has been most satisfactory. It has
resulted in the prevention of crimes committed with a view of
evading duty. At the same time, the Act enables clemency
to be extended to soldiers who have been guilty of grave military
offences, and gives them the opportunity during the period of
the suspension of their sentences of expiating their offences by a period of good conduct or by gallant or meritorious acts.
Military Law. — The administration of Military Law and the
compilation of regulations relating thereto, rulings and com-
plaints.
The D.A.A.G. is responsible that Military Law is correctly
and uniformly administered throughout the Corps, and in
accordance with the King's Regulations and the orders and
rulings of higher authority from time to time issued.
He must also see that all amendments to the Army Act or
other statutes relating to the Army, as well as any changes in
the King's Regulations, Rules of Procedure, etc., are immediately
brought to the notice of lower formations. The compilation of
all regulations and rulings of higher authority for reference and
promulgation is one of the important duties of his Branch. pp. 295-296]
Source:
facebook.com/photo.php?fbid=1719898684788218&set=g.1451658385158523
&type=1&theater&ifg=1, accessed 24 September 2018
Whereas
Corporal Timothy Leblanc was released from
the Canadian Forces on May 20, 2010 by reason
of a finding of guilty at court martial on
January 8, 2010;
Whereas the finding of guilty ceased to have force
and effect as a result of a decision of the
Court Martial Appeal Court dated October 12, 2011 in
which the Court ordered that a new trial be held;
Whereas on April 21, 2012, at the conclusion of the
new trial, the court martial rendered a finding
of not guilty;
And whereas Corporal Timothy Leblanc
has consented in writing to the cancellation of
his release from the Canadian Forces;
Therefore, His Excellency the Governor General in
Council, on the recommendation of the Minister of
National Defence, pursuant to subsection 30(4) of
the National Defence Act and paragraph
15.50(2) of the Queen’s Regulations and
Orders for the Canadian Forces,
cancels the release from the Canadian
Forces of Corporal Timothy Leblanc.
- Subsection 30(4)
of the National Defence Act and QR&O 15.50(2)
CARNIOL, Naomi, "Beyond the Ordinary", (February -- Spring
2009) 33(2) Canadian Lawyer
14-15, available at http://www.canadianlawyermag.com/Beyond-the-ordinary.html
(accessed on 18 June 2012); about the career of Major
Anthony Farris;
CANADA, LE, "Les juristes ont beaucoup à faire dans nos
armées. Le ministère de la défense nationale a à son service
de nombreux avocats", Le Canada, Montréal, mardi, 7
décembre 1943, à la p. 2; disponible à http://collections.banq.qc.ca/ark:/52327/3572647
(vérifié le 26 janvier 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
note: title in bold of the article omitted
CANADA, Chief of the Defence Staff, Chief of the Defence Staff guidance to commanding
officers, [Ottawa : Dept. of National Defence,
2007], 68 p., 28 cm; there is a version, the same? available
at http://www.docstoc.com/docs/97958723/CDS-Guidance-to-COs_2011
(accessed on 8 January 2015);
Contents
Chief of the Defence Staff introduction – General instructions –
1. Chief of the Defence Staff vision and guidance – 2. Leadership
– 3. Defence ethics and senior leadership – 4. Customs and
traditions – 5. Accountability and organization – 6. Military
administrative law – 7. Law of Armed Conflict at the operational
and tactical level – 8. Code of conduct for Canadian Forces
personnel – 9. Use of force in Canadian Forces operations: rules
of engagement – 10. Discipline – 11. Resource management – 12.
Human rights and diversity – 13. The environment and sustainable
development – 14. Stress management – 15. Public affairs – 16.
Administrative review process. Conduct and performance
deficiencies. Universality of service and accommodation – 17.
Conflict management – 18. Civilian human resources management –
19. Mental and physical health issues and programs – 20. The
unique relationship of commanding officers with their appointed
unit petty officer/warrant officer – 21. Safety – 22. Canadian
Forces physical fitness program – 23. Family violence – Annex A.
Certification form (source: IRC catalogue)
CANADA, "Information Exchange on the Code of Conduct on
Politico-Military Aspects of Security -- Submission by Canada --
2008", available at http://www.osce.org/fsc/31794
(accessed on 27 May 2012);
CANADA, "Responses to Document CCW/GGE/X/WG.1/WP.2, entitled IHL
and ERW, dated 8 March 2005", click
here
for document (accessed on 28 May 2012);
Deployment
of
Legal Advisers
27. Military legal advisers accompany all
Canadian Forces deployed operations and provide IHL advice on the
conduct of military operations at the tactical level.
Additionally, legal advisors advise all levels of the chain
of command that are involved in the planning and conduct of
military operations. Specifically, military
legal advisers must conduct a legal review of all operational
plans and ROE prior to their approval by the chain of
command. Legal advisers also provide legal
advice on all targeting decisions requiring consideration by a
Targeting Directive at all levels of command. Within the
Canadian Forces, military legal officers
belong to the Office of the Judge Advocate General and are under
the command of the Judge Advocate General, a General Officer who
is statutorily responsible
to the Minister of National Defence. Consequently Canadian
Forces legal officers are not a part of or subject to the
direction of the military chain of command.
They are able to provide independent legal advice to military
commanders.
Training
in
International Humanitarian Law ....
29. The Canadian Forces undertakes the delivery
of various forms of training to its personnel in International
Humanitarian Law, including the Law of Armed
Conflict. A sampling of the various forms of training
delivered to Canadian Forces personnel includes the following:
(i) Training in the Code of Conduct for Canadian
Forces Personnel – This training package is provided to all
Canadian Forces members as part of their basic
recruit training. It involves indoctrination training in the
central rules of conduct demanded of every Canadian Forces member
engaged in military operations,
such as an armed conflict to which Canada is a party, a peace
support operation or a continental defence operation (see Annex
A). The rules contained in the
Code of Conduct for Canadian Forces personnel ensure that the
Canadian Forces apply as a minimum the spirit and principles of
IHL in all Canadian Forces
operations;
(ii) Royal Military College of Canada Military
Law Course – This academic course is offered to Canadian Forces
members pursuing an undergraduate university
degree at Canada’s military college. It is a university
credit course of one academic semester’s duration that involves
training delivered by university professors
(including Canadian Forces legal officers) in the IHL principles
and rules governing the conduct of military operations.
Central to the course curriculum is the
study of the lawful conduct of armed conflict in all environments,
war crimes, the lawful use of weapons, and the proper treatment of
the sick and wounded,
civilians, detainees and prisoners of war. This course is
currently offered as an elective. However, commencing in
2006, this course will become a mandatory
course for all Royal Military College of Canada undergraduate
degree programs;
(iii) Officer Professional Military Education
(OPME) Program Military Law Course – This is a course offered as
part of a mandatory self-study program
for all Canadian Forces officers. The equivalent of one
semester university course, its completion is required by all
Canadian Forces commissioned officers
as a pre-requisite for promotion to senior officer rank
(Major/Lieutenant Commander or above). Non-commissioned
officers are also encouraged to complete
this course as part of their professional development process;
(iv) The Law of Armed Conflict Course – This
course is intended to provide greater familiarization to Canadian
Forces members with IHL principles and rules.
The training, consisting of lectures and syndicate
discussion, is provided primarily by the Office of the Judge
Advocate General. The course curriculum deals
with such issues as the lawful conduct of hostilities in all
environments, war crimes, the lawful use of weapons, and the
proper treatment of the sick and wounded,
civilians, detainees and prisoners of war during armed
conflicts. Officers and Non-Commissioned Members in
supervisory positions are strongly encouraged to
obtain this qualification. This course is also
delivered to officers attending the Caribbean Joint Command and
Staff Course offered annually in Kingston, Jamaica.
Finally, the Department of National Defence and the
Department Foreign Affairs and International Trade jointly offer
this course to foreign students as part of the
Canadian Military Training Assistance Program; and
(v) Theatre and Mission Specific Pre-Deployment
Training – This training is provided to every Canadian Forces
member prior to deployment on an international
military operation. Training packages offered under this
heading are mission specific and dynamic. They are
continuously amended from mission to mission and
between mission rotations to ensure that deploying soldiers
receive the most current and relevant training to their mission
environment. Pre-deployment training
covers the central IHL principles and rules governing the conduct
of Canadian Forces military operations. Soldiers also
receive lecture training and participate in
practical exercises concerning in the application of these
principles and rules. They also receive training ranging
from Rules of Engagement and Use of Force
Directives to cultural sensitivities pertaining to their
mission. This training is delivered through the Canadian
Forces Peace Support Training Centre in Kingston,
Ontario, as well as delivered directly to formed units at their
pre-deployment mission training locations throughout Canada.
CANADA AM, CTV Television, "Commander Discusses CanadianForces
Misconduct in Bosnia", CTV
Television, Inc., 20 January 1997;
CANADIAN ARMED FORCES, "Legal Officer", You Tube, published on 2
May 2014; officers involved in video are Major Steve Strickey and
Lt(N) Dorothy Liang; available at https://www.youtube.com/watch?v=1Hg92h9mIEI
(accessed on 22 August 2014);
Image source: ebay image by armyoutfitters
accessed 12 December 2017
CANADIAN ARMY, Canadian Army Handbook on District Courts
Martial 1941 (December) / prepared by officers of the Judge
Advocate-General's Branch in Collaboration with Officers of other
Branches, Ottawa: Edmond Cloutier, Printer to the King's most
Excellent Majesty, 1941, 78 p. ; 25 cm.; copy at Canadian War Museum, Hartland Molson Library/Musée canadien
de la guerre, Bibliothèque Hartland Molson, UB 855 C2 C36
1941;
CANADIAN ARMY, Military law / Canadian Army study papers :
military law, [Ottawa : Queen's Printer, 1949], 1 v.
(loose-leaf) ; 37 cm.; notes: Technical file. Cover title
Includes Staff College entrance examination on military law, dated
16 February 1950 and "Canadian army qualification examinations,
1950, Lieutenant to Captain-active force," "Militay Law," two
papers on "Notes on Military Law," and "District Courts-Martial -
Review of Proceedings" found separately at the back of the file.
Includes 20-pages of question and answers at the front of the
file; FOLIO U 440 C2 M55 1949, at the Canadian
War Museum, Hartland Molson Library, 1 Place Vimy, Ottawa;
CANADIAN BAR ASSOCIATION, CBA Connect, AWARDS & COMPETITIONS:
MOOTS
MILITARY LAW
The CBA Military Law Section, in conjunction with the
Office of the Judge Advocate
General, present the Major-General Henry Smith Memorial
Award at the Canadian
round of the Philip C. Jessup International Law Moot
Competition. Prizes are awarded
to the top three oralists.
THE CANADIAN BAR ASSOCIATION, National Military Law Section
-- Established 1999 / FRANÇAIS : L'ASSOCIATION DU BARREAU CANADIEN, Section nationale du droit
militaire, créé en 1999
During the 1998 CBA Canadian Legal Conference in St. John's
very informal discussions between military lawyers and Mr. John
Hoyles, CBA Executive Director, took place about the possibility
of creating a Military Law Section.
Those discussions sowed the seeds of the idea of a Military Law
Section.
Subsequently, for the first time ever, thanks in a large part
to the Government and Public Sector Lawyers Conference's
initiative on reducing fees for Government lawyers, all Regular
Force military lawyers from the Office of the Judge Advocate
General (JAG) joined the CBA in January 1999.
___________National Military Law Section -- Publications and
Resources , "100 Years of JAG Advice to the Canadian Forces--
Challenges and Opportunities (video recording of August 14, 2012
Canadian Legal Conference session)", available at http://www.cba.org/cba/sections_military/main/Publications_Resources.aspx
for members (accessed 2 May 2015);
___________PD Archives -- Conferences (course materials can be
purchased); CLE Conferences = Continued Legal Education Conferences;
Military Law Conference: "Perspectives on Military Law"
- October 27, 2004 (Ottawa).
Unraveling the Mystery: The Keys to Military Administrative
Law - October 22, 2003-Lorne Building (90 Elgin Street,
Ottawa, Ontario); copy at University of Windsor;
ISBN:1894015851;
"Troops or Cops? The Role of the Canadian Forces in Domestic
Security Operations." (Montreal CBA Canadian Legal
Conference)
The Five Year Review of Canada's National Defence Act:
an Opportunity for Change in the Military Justice System? October 23, 2002 (Ottawa).
Joint Program with International Law Section, Sales &
Commodity Tax Section, Public Sector Lawyers Conference,
Justice Department, DFAIT and CITT. May 3-4, 2001 (Ottawa).
___________ PD Archives -- CLE Conferences = Continued Legal
Education Conferences, 2007
Military Law CLE Conference Going Beyond the News,
October 2007; pdf format;
Description
Have you watched the news lately? Canada's military deployment to
Afghanistan and the global war on terror raise challenging new
issues on a regular basis. This binder includes
papers that get behind the stories and jump into the debates
including the topic of "universality of service" within the larger
context of human rights; and a model to balance the right
to full answer and defence with the need to protect sensitive
information, in the context of national security proceedings (all
this entry comes from http://www.cba.org/cbastore/search.aspx?pubid=2&subject=Military+Law,
accessed on 8 April 2013)
CBA CEO John Hoyles is now Col. Hoyles, having been
welcomed to the position of Honorary Colonel of the Legal
Branch of the Department of National Defence on Feb. 6.
“It is a great honour for me to be doing this, and I
absolutely thrilled by it,” said Hoyles in an interview
with National Magazine. “I think it’s a compliment, not so
much to me, but to the CBA.”
The position carries a particular honour because of his
family’s rich history in both the military and the law.
His position has a three-year term, which can be
renewed. The honorary rank comes with actual
responsibilities, says Hoyles, who will meet with lawyers
in the Judge Advocate General’s office in Ottawa, Halifax
and Victoria to talk about the importance of their roles;
and also helping to educate and raise awareness of lawyers
in military towns about the differences between military
and civilian law.
The involvement of the Judge Advocate General’s office
in the CBA has given members a whole new perspective on
military law, he says.
“I think there’s something very interesting when you
have people that are in uniform attending the Canadian
Legal Conference. They very much wanted … the military
lawyers to be more engaged in the profession, but the
legal profession (also) needs to better understand what
military lawyers do.”
Hoyles was able to choose which branch of the military
he wanted to represent. He chose the army because of his
grandfather, a member of the Black Watch who was killed on
the battlefield in Amiens, France in 1918, just before the
end of the First World War.
CANADIAN BAR ASSOCIATION NATIONAL PROFESSIONAL DEVELOPMENT STREAM
MATERIALS, 100 Years of JAG Advice to the Canadian Forces
- Challenges and Opportunities/ 100 ans du
Juge-avocat général (JAG) au service des Forces armées
canadiennes : défis et perspectives[PRESENTATION][PRESENTATION
FRANÇAIS],
Moderator:Lieutenant-Commander
Pascal Lévesque, Office of the Judge Advocate General
(Gatineau); Speakers:Colonel
Mario Léveillée, Office of the Judge Advocate General
(Ott.); Lieutenant-Colonel Roger Strum, Office of the Judge
Advocate General (Ott.); Commander
Bonita Thornton, Office of the Judge Advocate General
(Toronto); Note: CBA Canadian Legal Conference, CBA and CCCA
Programs, August 12-14, 2012, Vancouver, BC; available at http://www.cba.org/CBA/Vancouver2012/cba-pd/Materials.aspx,
accessed on 21 January 2015;
----
Captain Dominic Martin, defence counsel, video still at 01:49 of
02.32 Captain
Dominic Martin, left, with Lieutenant-Commander P. Desbiens, video
still at 01:25 of 02.32
CANADIAN BROADCASTING CORPORATION [CBC],"Topic spans:
1992-1997--The Somalia Affair", available at http://archives.cbc.ca/war_conflict/peacekeeping/topics/723/
(accessed on 6 December 2011); research note: 20 television
clips and 3 radio clips;
Image
source:
http://www.cbc.ca/news/canada/canadian-poisoned-by-fellow-soldiers-awarded-625-000-1.755496
"Matt Stopford was poisoned by tainted coffee
while serving with the military in Croatia in 1993. ((Tom
Hanson/Canadian Press)"
CANADIAN BROADCASTING CORPORATION NEWS, CBC News, "Canadian poisoned
by fellow soldiers awarded $625,000", 25 March 2008, available
at http://www.cbc.ca/news/canada/canadian-poisoned-by-fellow-soldiers-awarded-625-000-1.755496
(accessed 14 January 2016); counsel for Matt Stopford was Paul
Champ, an Ottawa lawyer;
A Canadian soldier poisoned by his own men in
Croatia in 1993 was awarded $625,000 in a deal with the
federal government, records show.
....
It was listed as an ex-gratia — or kindness — payment,
which recognizes no legal liability.
....
Stopford, a former warrant officer, sued the Defence
Department for $7.5 million in 2001,
claiming the department failed in its duty to
warn
him about the poisoning attempts. He also blamed the
military for not providing quick and effective care when he
became ill after his return to Canada.
....
Stopford was informed by a military leader in 1999 — six
years after his return from overseas — that his own men in
Croatia tried to poison his coffee
with boot blacking, battery acid and eye drops.
....
Six soldiers were apparently responsible, but the alleged
poisoners were never charged because the statute of
limitations had run out.
Canadian Broadcasting Corporation (Radio-canada) v. Canada
(Attorney General), [2017] 2 FCR 304, 2016 FC 933 (CanLII),
decision by Madam Justice Sylvie E. Roussel, a former counsel with
the Somalia Inquiry, 15 August 2016 <https://www.canlii.org/en/ca/fct/doc/2016/2016fc933/2016fc933.html>;
about the open court principle for courts martial;
-------
[Source Annex A to 5203-3 (CMA), 14
December
[source: courthouselibrary.ca/how-we-can-help/our-legal-knowledge-base/court-martial-decisions-and-transcripts]
2016, Request legal
documentation]
accessed 15 January 2018
Canadian Committee on National Security Systems (CCNSS):
- What is CCNSS?
The Canadian Committee on National Security Systems (CCNSS)
was established by Deputy Ministers
of National Security to govern Government of Canada (GC)
National Security Systems (NSS) through
the development of national standards and enterprise
approaches that promote the consistent application
of security.
The CCNSS’s main responsibility is to oversee the protection
of NSS, while enabling secure inter-operability
within the Canadian Security and Intelligence community, as
well as with Allied organizations, today and into
the future.
A Canadian NSS is a system within which national security
activities are enabled and protected. Information,
resources and assets are of such sensitivity that compromise
could undermine the national security of Canada
or its partners. The security measures required for a NSS are
designed to provide confidence and defence against
the most sophisticated threat.
The CCNSS is chaired by the Deputy Chief of Information
Technology Security (CSE) and consists of a Committee,
a Secretariat, and various Working Groups. Members,
participants of the committee, the secretariat and the working
groups, and Subject Matter Experts are drawn from Member
departments. The CCNSS meets quarterly, and on an
ad hoc basis as required.
Committee membership includes Assistant Deputy Ministers
from CSE, the Department of National Defence, the
Privy Council Office, the Royal Canadian Mounted Police, the
Canadian Security Intelligence Service, Public
Safety Canada, Shared Services Canada, Treasury Board
Secretariat, and Global Affairs Canada. CSE provides
the executive secretariat function, which supports the CCNSS.
[https://www.cse-cst.gc.ca/en/node/2445/html/28534,
accessed 8 April 2020]
Major Marla Dow, Canadian Forces
(Office of the Judge Advocate General)...spoke briefly about the
challenges encountered by military forces in the face of cyber
warfare. Major Dow pointed out the imperative need to adapt the
current set of rules and regulations in the military realm, with
an emphasis on the rules of engagement. She suggested that the
international law related to armed forces should also be
applicable in the cyber context.
Image source:
http://www.ccil-ccdi.ca/events, accessed 16 June 2017
From the left Karinne Coombes (speaking), and sitting, Jason
Nickerson,
LCol Alexander Bolt, and Catherine Gribbin.
The Canadian Red Cross and the University of
Saskatchewan’s College of Law hosted a half-day conference
exploring how
international humanitarian law protects aid workers during
armed conflict on March 15, 2017. This event included a
discussion with a panel of experts from the Judge Advocate
General (JAG), the International Committee of the Red Cross,
the
Canadian Red Cross.
CANADIAN DELEGATION TO THE ORGANIZATION FOR SECURITY &
COOPERATION IN EUROPE (OSCE), Reply
to
the Questionnaire on the Code of Conduct on
Politico-Military Aspects of Security, FSC.EMI/276/12, 27
June 2012, note number 0163, available at http://www.osce.org/fsc/91804
(accessed on 2 August 2012); in English only; see the 2014 reply
at http://www.osce.org/fsc/120097?download=true
(accessed on 2 November 2014); see the 2015 reply at http://www.osce.org/fsc/152306?download=true;
important contribution;
CANADIAN DIRECTORATE OF ARMY TRAINING, "The Banning of the
Anti-Personnel Mine", ARMY DOCTRINE & TRAINING BULL.,
Feb. 1999; research note: this title is mentionned in footnote 43
of the following article: JACOBS,
Major Christopher
W., "Taking
the Next Step: An Analysis of the Effects the Ottawa Convention
May Have on the Interoperability of United States Forced with the
Armed Forces of Australia, Great Britain, and Canada", (2004) 180
Military Law Review 49-114, at p. 58; available at https://www.loc.gov/rr/frd/Military_Law/Military_Law_Review/pdf-files/180-summer-2004.pdf(accessed
25 January 2017);
CANADIAN FORCES, Army
LessonsLearned Center,
"Law of Armed Conflict,
Peace Support Operations and You" in Dispatches, Vol. 4, No. 2, March 1997; available
at http://web.mac.com/dmlast/DavidMLast/Mongolia_files/vol4no2-loac-e.pdf
(accessed on 29 March 2012); the Army LessonsLearned Center is located
in Kingston, Ontario, FRANÇAIS :
FORCES CANADIENNES, Centre des Leçons Retenues de L'armée, "Le
droit des conflits armés - les opérations de soutien de la paix et
vous", dans Dépêches,
volume 4, numéro 2, mars 1997; le Centre des Leçons Retenues de
L'armée est situé à Kingston, Ontario;
CANADIAN FORCES, Directorate of Army Doctrine, "New Military
Police Doctrine, Tactical Aide-Mémoire -- Military Police
Insert, Structures and Battle Task Standards", (Summer 2000)
3(2) The Army Doctrine and
Training Bulletin 6-10; available at http://publications.gc.ca/collections/Collection/D12-9-3-2E.pdf
(accessed on 16 April 2017); important document;
FRANÇAIS : FORCES CANADIENNES, Direction de la doctrine de l'armée de
terre, "Nouveau Manuel de doctrine de la police militaire, --
encart -- police militaire de l'aide-mémoire tactique, structure
et normes d'aptitude au combat", (été 2000) 3(2) Le Bulletin de doctrine et
d'instruction de l'Armée de terre 7- 12, disponible
à http://publications.gc.ca/collections/Collection/D12-9-3-2F.pdf
(vérifié le 16 avril 2017);
___________Directorate of Army Training, "From the Directorate of
Army Training: An Army Training Strategy for the Law of Armed
Conflict", 2(2) Canadian Army
Journal 12-13; available at http://www.army.forces.gc.ca/caj/documents/vol_08/iss_2/CAJ_vol8.2_08_e.pdf
(accessed on 29 February 2012); FRANÇAIS :
Direction de l'instruction de l'armée de terre, "De la Direction de
l'instruction de l'armée de terreStratégie d'instruction de l'armée
de terre sur le droit des conflits armés", 2(2) Le Journal de l'Armée du Canada13-15;
disponible à http://www.army.forces.gc.ca/caj/documents/vol_02/iss_2/CAJ_vol2.2_05_f.pdf
(vérifié le 29 février 2012);
Canadian Forces Grievance Process Ex Gratia Payments Order,
PC 2012-0861:
The text of the Canadian Forces Grievance
Process Ex Gratia Payments Order reads as follows:
1.(1)
The Chief of the Defence Staff may authorize an
ex gratia payment to a person in respect
of whom a final decision is made under the
grievance process established under the National
Defence Act.
1.(1) Le chef d’état-major
de la défense peut autoriser le versement d’un
paiement à titre gracieux à toute personne visée
par une décision définitive rendue dans le cadre
de la procédure applicable aux griefs établie en
vertu de la Loi sur la défense nationale.
(2)
A payment under subsection (1) may only be
authorized if the final decision is made on or
after the day on which this Order comes into
force.
(2) Le versement visé au
paragraphe (1) ne peut être autorisé que si la
décision définitive est rendue à la date
d’entrée en vigueur du présent décret ou après
celle-ci.
2.
The Chief of the Defence Staff may delegate the
power to authorize a payment under subsection
1(1) to an officer who is directly responsible
to the Chief of the Defence Staff.
2. Le chef d’état-major peut
déléguer à tout officier qui relève directement
de lui le pouvoir d’autoriser le versement d’un
paiement prévu au paragraphe 1(1).
3.
The power to authorize a payment under
subsection 1(1) is subject to any conditions
imposed by the Treasury Board.
3. Le pouvoir d’autoriser le
versement d’un paiement prévu au paragraphe 1(1)
est assujetti aux conditions que fixe le Conseil
du Trésor.
The Treasury Board conditions for the
exercise of ex gratia authority under the Canadian
Forces Grievance Process Ex Gratia Payments Order
are as follows:
An ex gratia payment
may only be authorized if:
Le versement d’un paiement à
titre gracieux ne peut être autorisé que si les
conditions suivantes sont réunies:
(a) in the case of the Chief
of the Defence Staff, the payment is in an
amount that does not exceed $100,000;
(a) dans le cas où
l’autorisation est donnée par le Chef
d’état-major de la Défense, le montant du
versement ne dépasse pas 100 000 $;
(b) in the case of an
officer who is acting under section 2 of the Canadian
Forces Grievance Process Ex Gratia Payments
Order, the payment is in an amount that
does not exceed $2,000 or such lesser amount as
may be specified by the Chief of the Defence
Staff;
(b) dans le cas où
l’autorisation est donnée par un officier qui
agit en vertu de l’article 2 du Décret
relatif au versement de paiements à
titre gracieux dans le cadre de la procédure
des Forces canadiennes applicable aux
griefs, le montant du versement ne dépasse pas 2
000 $, ou tout autre montant inférieur que
précise le Chef d’état-major de la Défense;
(c) a legal opinion is
received that states that there is no legal
liability on the part of the Crown;
(c) un avis juridique a été
reçu selon lequel l’État n’a aucune obligation
légale à l’égard de la situation pour laquelle
un versement est envisagé;
(d) there is no other
mechanism by which the grievance can be
remedied, including under existing laws,
regulations, instructions, policies or programs;
and
(d) il n’existe aucun autre
mécanisme permettant de régler le grief,
notamment sous le régime des lois, règlements,
directives, politiques et programmes actuels; et
(e) the payment is not used
to fill perceived gaps or to compensate for the
apparent limitations in any act, order,
regulation, instruction, policy, agreement or
other government instrument.
(e) le versement ne vise pas
à combler des lacunes perçues ou à pallier
l’insuffisance apparente d’une loi, d’un décret,
d’un règlement, d’une instruction, d’une
politique, d’une convention ou autre instrument
gouvernemental.
CANADIAN FORCES MILITARY LAW CENTRE, Military Personnel
Generation/Government of Canada, PO Box 17000, Stn Forces,
Kingston, ON, Canada, K7K 7B4;
Centre de droit militaire des Forces canadiennes, Génération du
personnel militaire, Ministère de la Défense nationale, CP 17000,
Succ Forces, Kingston, ON, Canada, K7K 7B4;
Image source:
www.allacronyms.com/CFMLC/Canadian_Forces_Military_Law_Centre,
accessed 24 October 2016
CANADIAN FORCES MILITARY LAW CENTRE, Kingston;
Canadian
Forces Military Law Centre
Kingston, ON. CFMLC is the military legal education
and training delivery organization for the Canadian
Armed Forces. The CFMLC mandate is
to provide legal education and training
materials and services to military members in
order to assist them in preparing to meet the
challenges associated with current and future
operations. Additionally, CFMLC is the CAF centre of
excellence for the generation of legal research in the
areas of military justice and military law, and in the
delineation of Canadian Armed Forces doctrine
governing those legal disciplines.
Presiding Officer Certification Training (POCT) and
the Presiding Officer Re-Certification Training (PORT)
are courses designed to train Superior Commanders,
Commanding Officers and Delegated Officers in the
administration of the Code of Service Discipline at
the summary trial level. The courses covers the
summary trial process from start to finish; highlights
key issues from the pre-investigation to the
post-trial, certifies Superior Commanders, Commanding
Officers and Delegated Officers as qualified and
remain competent to perform their duties in the
administration of the Code of Service Discipline.
Registration Procedure must be submitted by e-mail to
the PresidingOfficer-OfficierPresidant@forces.gc.ca.
[source:
http://www.forces.gc.ca/en/training-establishments/law-centre.page,
accessed 28 September 2016]
-------
In addition to the legal officers serving in the
above-mentioned organizations, a number of legal
officers serve outside the Office of the JAG. They
include those working at the Privy Council Office,
Global Affairs Canada, the Canadian Forces
Military Law Centre and at the Department of
National Defence/Canadian Forces Legal Advisor with
the Department of Justice.
[Source: JAG Annual Report 2015-2016,
available at
http://www.forces.gc.ca/en/about-reports-pubs-military-law-annual-2015-16/ch-1-who-we-are.page,
accessed 28 September 2016]
-------------
Canadian Forces Military Law Centre
The Canadian Forces Military Law Centre (CFMLC) is
not a sub-organization of the OJAG. Rather, it is the
military legal education and training delivery
organization for the CF, located in Kingston, Ontario.
The CFMLC, and the legal officers posted there, are
under command of the Commander, Canadian
Defence Academy (CDA). While occupying positions at
CFMLC, legal officers do not provide legal advisory
services to CDA, but instead focus on
the design, development and delivery of military legal
education and training. The focus of CFMLC is to
provide and extend legal education and training
to the CF at all levels, with a view to enhancing the
overall operational effectiveness of the CF.
[Source: JAG Annual Report 2009-2010,
available at
http://www.forces.gc.ca/assets/FORCES_Internet/docs/en/jag/jag-annual-report-09-10.pdf,
accessed 28 September 2016]
-----------------
Chapter 5: Review
of Military Justice Education and Training
5.1 Introduction
One of the roles of the Office of the JAG is
to provide assistance in the provision of
military justice education and training to the
CF
community. This mandate is intended to target
three groups. The first group is comprised of
the CF
community as a whole with the objective that
all CF
members have access to information about their
rights and obligations under the Code of
Service Discipline (CSD). The second
group is comprised of CF members who fulfill
specific roles in the administration of
military justice, such as commanding officers
(COs) and summary trial presiding officers.
The third group is comprised of legal officers
who require specific training in military law
based on their rank and career progression
within the legal branch.
5.2 General CF Training and Education
Canadian Forces Military Law Centre (CFMLC)
The CFMLC stood up on 30 November 2007 and is
responsible for military justice education and
training for the CF. The CFMLC forms part of
the Canadian Defence Academy (CDA) located in
Kingston, Ontario, and is staffed by legal
officers who come under the command of the
CDA. As an organization, the CFMLC develops
and delivers operationally-focused military
legal education, training and doctrine.
Military Justice Training
It is vital that all members of the CF
acquire a significant level of knowledge about
the military justice system. All CF members
receive training in the basic tenets of the
military justice system, including
familiarization with the CSD, during
their basic training at the CF Leadership and
Recruit School in Saint-Jean-sur-Richelieu, Québec.
Similar training is also provided to officer
cadets at the Royal Military College of Canada
(RMC) in Kingston, Ontario, as well as to
those undergoing their preparatory year at Richelieu
Squadron in Saint-Jean-sur-Richelieu
prior to attending RMC. During the current
reporting year, a total of 6781 regular force
and 5009 reserve force officers and
non-commissioned members (NCMs) received
military justice training in this manner. The
re-establishment in Saint-Jean-sur-Richelieu of
the Collège
Militaire Royal during the reporting
period created a requirement to consider the
delivery of military justice training within
that institution. The CDA is currently
examining this issue.
The Office of the JAG, primarily through the
legal officers and Chief Petty Officers 1st
Class/Chief Warrant Officers (CPO1s/CWOs) in
the regional legal offices, provides direct
support to the chain of command with regard to
general training on military justice. During
the reporting year, in addition to providing
general military justice training support,
legal officers and the Assistant Judge
Advocate/Deputy Judge Advocate CPO1s/CWOs
provided military justice instruction on
numerous courses including the Air Force NCM
Intermediate Air Environmental Qualification
Course, the Ship's Coxswains Course, the Cadet
Instructor Cadre Officer Training Course, and
the CF Primary Leadership Qualification
Course.
During the reporting period, legal officers
continued to provide considerable support to
the Officer Professional Military Education
Program (OPME) military law course. The OPME
program includes courses on defence
management, Canadian military history,
leadership and ethics and military law. The
successful completion of the program is
required for officers to be promoted to the
rank of Major or Lieutenant-Commander. The
course DCE 002 Introduction to Military
Law contains a module addressing in
detail the administration of military justice
in the CF. The second module in the course
details the laws applicable to armed conflict.
The training is offered through self-paced
distance learning and condensed on-site
instruction at CF bases and wings, and is
available to both officers and NCMs. During
the reporting period, 1691 students
successfully completed the English-language
serial, while 312 students completed the
French-language serial of this course.
5.3 Training for the Administration of the
Military Justice System
Presiding Officer Certification Training
(POCT)
The JAG is responsible for the provision of
training and certification of superior
commanders, COs and delegated officers in the
administration of the CSD at the summary trial
level.1
POCT was specifically designed to meet this
requirement, and as such, it provides
candidates with the tools necessary to
discharge their duties in the administration
of the CSD. While POCT is primarily
designed for the qualification of prospective
presiding officers to preside at summary
trials, the training is also beneficial to
senior NCMs who perform vital roles in the
disciplinary process such as investigators and
charge-laying authorities. POCT is also taken
by junior officers who may be expected to act
as assisting officers in the summary trial
system. During the reporting period, 89 POCT
in-service serials were conducted at which a
total of 837 CF members successfully
completing the program (647 regular force
members and 190 reserve force members). Of
this total, 638
were officers and 199 were NCMs.
In the last annual report, the POCT
Transformation project was outlined. This
comprehensive review of the substance and
delivery of the current POCT program
includes the review and development
of enhanced training in two key areas of
military justice: unit investigations and the
laying of charges. Over the course of the
current reporting period, work continued on
the development of a more comprehensive
combined distance learning/in-service
instructional format that will address
administrative training challenges through the
use of interactive computer-based learning.
The goal is to reduce duplication between
distance learning and in-service course
content, and thus permit course candidates to
receive greater in-service training with
emphasis on the practical aspects of presiding
at summary trials. There will be increased
focus on the critical analysis required of the
presiding officer through the use of
demonstrational videos. Work on this critical
project will continue into the next reporting
period.
Presiding Officer Re-Certification Test
(PORT)
POCT is valid for four years from the date of
successful completion of the training.
Re-certification may be achieved by either
attending another POCT course or completing
the PORT prior to the expiry of the original
certification. Most personnel obtain their
recertification through completion of the
on-line PORT examination.
The PORT is a randomly generated, 90-minute
online test that was launched in October 2003.
Should a candidate receive a failing grade
after attempting the online PORT, the
candidate is given the opportunity to rewrite
the test after a suitable time delay. In the
event of a second failure, the candidate is
then required to attend another two-day POCT
course in order to be re-certified. During the
reporting year, 364 members were re-certified
by means of the PORT.
Assisting Officer Training
As reported in the 2007-2008 Annual Report,
the CFMLC advised the Office of the JAG of
their intent to create an assisting officer
training course that would address the
spectrum of an assisting officer's roles and
duties. That initiative continues to progress
during the reporting period. In particular,
the CFMLC undertook a detailed and focused
analysis of existing regulations and doctrine,
military justice training courses and manuals,
aides-memoire and briefing packages, as well
as input from the CF chain of command with
respect to assisting officer training concerns
through consultative canvassing.
As a result of this information gathering and
analysis process, an assisting officer
training plan was developed. It now forms the
basis for a computer-based training package to
be delivered via DNDLearn, the CF on-line
learning environment enabling members to
engage in distance education wherever they may
be located.2
During the reporting period, the CFMLC
completed the design and development of a
trial version of this course which will be run
and evaluated during the 2009-2010 reporting
period. Once lessons learned from the testing
of the beta version of the course have been
integrated into the training package, it will
be submitted to the Office of the
JAG for review and approval prior to
being launched for CF-wide use.
5.4 Additional Training Initiatives
As mentioned in the last annual report,
several areas have been identified which
require additional training for CF members. In
the context of developing educational and
training programs to address these needs, the
CFMLC has been engaged in other training
development projects to enhance the military
justice system within the CF. In addition
to the training for assisting officers
discussed above, the following projects will
be commenced or will continue during the
2009-2010 reporting period.
Bias
Bias at the summary trial level was
identified as an issue requiring greater
emphasis in POCT training. Amendments to the
instructor lesson plan and the development of
a summary trial video training aid are
underway to specifically address this issue.
Greater emphasis is being placed on the
requirement of presiding officers to
understand the concept of reasonable
apprehension of bias, and the need to
continually consider this responsibility
throughout all aspects of the disciplinary
process, up to the final
disposition of a matter.
Training of Unit Investigators and Charge
Laying Authorities
As was reported in the 2007-2008 Annual
Report, the CFMLC identified the need for
further training in the conduct of unit
disciplinary investigations and charge
laying that is aimed at senior NCM's and
junior officers. The design and delivery of
this training continues to be developed in
this reporting period and will be
addressed further in the next
reporting period.
CSD Familiarization Project
Increasing the awareness of CF members of
their rights and obligations concerning
military justice was an issue identified in
the last annual report. The CFMLC reviewed
several options to address this issue during
the reporting period. For example, an effort
to identify every course module within CF
training programs which addresses the issue of
military justice continues, in order to
determine how existing training may be used to
increase awareness of disciplinary rights and
obligations. It is expected that an
examination of the feasibility of a CF-wide
poster campaign to inform CF members of their
rights and obligations will be
initiated in future reporting
periods.
Review Authority Enhancement Training
During this reporting period, the CFMLC
conducted an evaluation of the merits of
establishing an on-line training course
pertaining to the role, function and
procedural considerations for senior officers
expected to act as review authorities. Instead
of a separate on-line course, it was decided
to expand the training provided during the
POCT with respect to review authorities. The
preparation of this training remained on-going
at the end of this reporting period.
Referral Application Aide-Memoire
The development and promulgation of a
referral application aide-memoire was outlined
in last year's report. This general reference
document will assist referral authorities with
the efficient and proper execution and
processing of the documentation required to
refer a matter to court martial. It will
detail the best practices for regulatory
compliance and for maximizing the
effectiveness of the referral package to the
Director of Military Prosecutions (DMP).
The development of the aide-memoire will
continue during the next reporting period.
Disciplinary Investigation Independence
The 2007-2008 Annual Report discussed the
importance of emphasizing the need to respect
the independence of the disciplinary
investigation process. Both unit and military
police investigations into allegations of
a breach of the CSD need to be
conducted in the absence of interference from
the chain of command. Consequently, the Military
Police Policy and Technical Procedures
Manual has been amended with the
assistance of the CFMLC. Further, specific
teaching points have been developed in the
POCT to highlight the issues of chain of
command interference in disciplinary
investigations.
5.5 Military Justice Legal Officer Training
Entry Level Training
While those joining the CF as legal officers
are qualified legal practitioners in a
province or territory, they have rarely been
exposed to military law in law school or
during the bar admissions process.
In order to adequately prepare them
for their military legal duties, it
is necessary for all new legal officers,
regardless of their previous legal or military
careers, to undergo a rigorous training and
educational program which includes self-study
courses, in-class education, on-the-job
training and operational experience. Legal
Officer Basic Training (LOBT) and
Legal Officer Intermediate Training
(LOIT) are designed to expose new legal
officers to the three pillars of military
law (military justice, military administrative
law and operational law). With specific regard
to military justice,
all legal officers in the early
stage of their careers must successfully
complete the POCT, a self-study program and
examination on military justice, and act as
junior counsel in the prosecution or defence
of an accused
at a court martial.3
LOIT is conducted in the areas of military
justice, administrative law, operational law,
and the law of armed conflict. These
intermediate courses are required for
promotion to Major or Lieutenant-Commander.
During this reporting period, a total of eight
legal officers completed the LOIT. Additional
to this training, legal officers of the Office
of the JAG also participated in instruction on
Special Operations Forces Law, Targeting and
the conduct of Boards of Inquiry.
Continuing Legal Education
In addition to the entry-level training, the
Office of the JAG actively promotes continuing
legal education and, through the Deputy
JAG/Chief of Staff (DJAG/COS), provides the
necessary funding for legal officers to attend
courses, conferences, seminars and symposia
related to the three pillars of military law.
During the reporting period, legal officers
participated in supplemental training and
education programs relevant to military
justice, including courses on criminal law and
advocacy training. Additionally, a number of
legal officers attended criminal and
constitutional law seminars and conferences
sponsored by organizations outside of the CF.
Twelve legal officers attended the National
Criminal Law Program in Charlottetown, Prince
Edward Island in July 2008, with its
focus on criminal procedure, advocacy and Charter
issues. Legal officers also attended a
variety of other educational and training
programs concerning issues such as trial
advocacy, expert witnesses, evidence and
criminal law reform provided by organizations
outside of the CF.
The Office of the JAG conducts a
two-and-a-half day continuing legal education
workshop each year, usually in conjunction
with the annual JAG conference. While the
themes of the workshops change from year
to year, military justice issues are
normally allocated time on the workshop
timetable. The Canadian Military Prosecution
Service and Defence Counsel Services also
hold annual training workshops
concerning issues affecting their
respective organizations.
Footnotes
1Queen's Regulations and
Orders [QR&O], articles 101.09
and 108.10 (2)(a)(i). Before superior
commanders and COs assume their duties,
they must be trained in accordance with a
curriculum established by the JAG and
certified as qualified to perform their
duties.
3 In order to complete the
practical requirement to act as junior
counsel at a court
martial, the matter must be a
contested one. A court martial which
consists of
a guilty plea without trial
will not suffice.
The Canadian Forces Military Law Centre
(CFMLC) is the military legal education and training delivery organization for the Canadian
Forces (CF).
The CFMLC
executes a CF
wide mandate to provide
legal education and training materials
and services to military members in order to
assist them in preparing to meet the challenges associated with current and future
operations. Established as a Directorate
of the Canadian Defence Academy (CDA), the CFMLC is a
joint effort of the CDA and the Office of the Judge Advocate General (Office of the JAG) to
provide innovative legal research, education and training to the CF.
Legal education and training delivery
at CFMLC is aimed at enhancing discipline across
the CF and at ensuring that the CF is capable of carrying
out its current
and future missions in accordance with all
applicable domestic and international laws.
[source: "2011-2012 Periodic Report by Canada on Implementation of the 1954 Hague
Convention and its Protocols", available
at http://www.unesco.org/culture/laws/1954/2011-2012-natrep-Canada_en,
accessed on 19 April 2019]
CANADIAN FORCES MILITARY LAW CENTRE, Kingston, notes on the:
The Military Law Centre on the grounds of RMC,
staffed with 12 military lawyers, oversees the education of
officers and troops in legal matters ranging from
the Forces own code of conduct to the laws of war. It trains
military lawyers and advises Ottawa on matters of policy and
doctrine. The centre integrates legal
education into the regular training that Forces members
undergo and establishes its growing importance within the
military hierarchy. Selected RMC Canada
cadets participate in Law Of Armed Conflict international
Competitions each ll with cadets from USAFA, USMA, USNA, and
USCGA. In the Spring of 2008,
RMC cadets will be selected to participate in a competition
on the Law of Armed Conflict at the International Institute
of Humanitarian Law in Sanremo, Italy.
(source: http://edu724476.typepad.com/blog/2012/02/military-school-royal-military-college-of-canada.html,
accessed 16 April 2015);
CANADIAN FOREIGN POLICY JOURNAL, ""Book Review -- Another
Kind of Justice: Canadian Military Law from Confederation to
Somalia", Canadian Foreign
Policy Journal, 01/1999, Volume
7, Issue 2, pp. 153-164;
CJFE is disappointed by the federal government’s decision to
reject changes made by the House of Commons Public Safety
Committee to Bill C-22,
an act to establish a National Security and Intelligence
Committee of Parliamentarians (NSICOP). The Public Safety
Committee’s proposed changes
would greatly strengthen the ability of NSICOP to
scrutinize the work of Canada’s national security
apparatus, and would fill a number of dangerous
gaps in the legislation as written. We urge the government
to revisit its decision and to implement the Public Safety
Committee’s changes into the final legislation.
Bill C-22 is designed to address glaring deficiencies of
accountability and review in Canada’s national security
system. Of the 21
federal departments and agencies with
national security responsibilities, only the Royal
Canadian Mounted Police (RCMP), the Canadian Security
Intelligence Service (CSIS), and the Communications
Security
Establishment (CSE) are subject to any sort of review
mechanism, however inadequate.
CANADIAN JUDICIAL COUNCIL, Independence and Impartiality of
Military Judges in Court Martial Settings, [Ottawa]:
Canadian Judicial Centre/Centre canadien de la Magistrature, 1988,
56 p. with 121 p. of appendices; copy at the University of Ottawa,
KE 7165 .I54 1988;
Canadian Law List, Agincourt, Ont. : Canada Law Book,
1883-;
Canadian Law Times, Toronto : Carswell, 1881-1922; this
periodical published a “List of Barristers, Solicitors and
Students-at-Law Now on Active Service for Canada and the Empire…,”
in 1915;
------
Image source:http://knomos.law/partnerships/public/
CANADIAN LEGAL INFORMATION INSTITUTE, THE ---Courts
Martial Appeal Court of Canada--Canada (Federal),
continuous coverage: 1993-01-01 to present; at https://www.canlii.org/en/ca/cmac/
(accessed on 28 November 2017);
-----
Image
source:http://knomos.law/partnerships/public/
Image source: https://www.canlii.org/en/ca/cm/
CANADIAN LEGAL INFORMATION INSTITUTE, THE ---Courts
Martial --Canada (Federal), continuous coverage
2004-. at https://www.canlii.org/en/ca/cm/
(accessed on 26 November 2017);
-----
Image source:http://knomos.law/partnerships/public/
CANADIAN LEGAL INFORMATION INSTITUTE, THE ---Veterans
Review and Appeal Board of Canada -- Canada (Federal),
continuous coverage: 2015-07-01 to present; at https://www.canlii.org/en/ca/cavrab/
(accessed on 28 November 2017);
Canadian Military Justice Bulletin;
notes: Quarterly Bulletin published by the DJAG/MJ Division; first
issue that was published is dated : April 2011, number 1, issue 1; FRANÇAIS : Bulletin de justice militaire
canadienne; notes: Revue trimestrielle de la Division du
JAGA/JM; premier numéro publié: avril 2011, volume 1, numéro 1;
Pressing (and holding) the Ctrl
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CANADIAN PRESS, "Canadian Gunner Kills Four Mates; Given Life Term",
Hamilton Spectator, 1944/11/08; available at
https://collections.warmuseum.ca (accessed 13 April 2018);
Pressing (and holding) the Ctrl
key and scrolling the wheel
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Antoine Rivard, 1898-1985
avocat de Guimont
voir bilan.usherbrooke.ca/bilan/pages/ biographies/1003.html
CANADIAN PRESS, "Complete Last Case in Quebec Court Martial: Major
Guimont Acquitted on Certain Counts. Only One of Nine Charged
is Exonerated ['charges of irregularities in the medical examination
of prospective army recruits' ]", Hamilton Spectator,
1943/01/08,
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Rear-Admiral William Landymore, 50, was dismissed
for publicly criticizing government policy
on unification. He was chief of the integrated
Maritime Command as well as Atlantic fleet commander.
....
Meanwhile, he [defence minister Hellyer] conferred with
defence staff and Brig. W.J. Lawson, judge
advocate general, on findings of the judge advocate
general's branch about public criticisms by Rear
Admiral Landymore.
Mr. Hellyer's office has said Rear-Admiral Landymore
contravened service regulations and laid himself
open to disciplinary action.
Justice Minister Peter MacKay, meanwhile, said
there may be ways to take some sexual assault cases out of
the military justice system entirely and deal with them in
the regular courts.
MacKay said he's been looking at ways to deal with some
tricky cases and has discussed the situation with the
judge advocate general, Canada's top military law officer.
"There should be perhaps a protocol or a consultation
that takes place between Crown prosecutors and the
military justice system when those cases could be
tantamount to a criminal charge, rather than something
that is done more administratively through courts martial
and courts martial appeals," MacKay said.
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CANADIAN PRESS, "Urges Civilians Be Given Charge of
Courts-Martial", The Globe and Mail, Aug 24, 1946;
ProQuest Historical Newspapers: The Globe and Mail, available at
(accessed 11 June 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.
to go further in the research at the House of Commons, on 23
August 1946:
Mr. [Arthur Leroy] SMITH (Calgary West):
Mr. Chairman, I intend to take only a minute of the time
of the committee to mention two matters of concern about
which I know something.
I have no military achievements whatsoever, with the
exception that once I was a lance-corporal in the boys'
brigade of the Methodist
church in Regina. That is as far as I got. Therefore I do
not discuss matters of a military nature. However I should
make a suggestion to
the minister, one which I have no doubt has been made
before. It has reference to courts martial. During the war
I appeared in quite a
number of them, one of which I remember lasted eight
days-and perhaps may I say, in my own defence, appearing
at all times without
fee, as perhaps a little contribution I might make in my
own way to the war effort. But in my view the whole system
of courts martial
is wrong. I am not referring to what an officer in the
field may do in respect of those minor things over which
he has charge, My
suggestion is that in each military district there should
be an appointee who would be in the position of judge, and
that such appointee
would not be in uniform, but would be in civvies. He would
have nothing to hope for by way of promotion, because
there would be no
further opportunity for promotion.
Why do I make this suggestion? I have in mind a court
martial of an officer holding the rank of
lieutenant-colonel. On the court were
five officers, two of whom were brigadiers. We had a judge
advocate from Victoria- and a very fine one at that. We
had a prosecutor from
London, Ontario. That court martial lasted eight days, and
ended with a reprimand, or exactly the same decision which
had been rendered
by the district officer commanding in district 13,
Brigadier Harvey. I am sure that court martial must have
cost the country between $4,000
and $5,000; and I refer to it only by way of example. That
court martial had been ordered by the then minister of
national defence, Colonel
Ralston. The men who comprised the court were fine men,
honest men-I have no criticism in that respect at all. But
they all had certain
ambitions in the army. And no one can tell me that after
going through the history of a case, where there has been
a court of inquiry and
where a district officer has made a decision, following
which the court martial has been ordered, the persons
sitting in judgment are not
going to be affected by those conditions. Unconsciously
they will.
Let us take another case, comiflg down to lower ranks. We
find that a court martial has been held and perhaps an
acquittal ordered or a
light sentence imposed. I state no secret when I say that
it is a custom in the army for the divisional commander,
or whatever his rank
may be-the person higher up, anyway-to telephone or to
send notes saying, for example, "if this thing goes on,
discipline will be
weakened"-or will disappear. In other words my thought is
that justice cannot
Supply-Defence-Army
be administered properly when, all the time, there is a
senior officer back somewhere who is in a position to
criticize, and who is always
in a position to assist by way of making promotions. On
the financial side-and I advance this idea for the
minister's consideration-on the
financial side I am quite sure that it would not be an
added expense. As you know, when senior officers are
charged you endeavour to
bring in persons not in that area and so the expense adds
up. I make the suggestion knowing perfectly well that you
cannot do anything
about it now. I had about ten experiences with courts
martial during this last war; I am not complaining about
what they did-that is not
the points- but it does seem to me that there is something
well worthy of thought and I am inclined to think that the
suggestion I have
made may be of value. I turn now to something which may
not be regarded as being so constructive, the letter from
the commissioner
of the mounted police.
CANADIAN PRESS DESPATCH, "Second Case Ends at Court-Martial,
Winnipeg Captains Await Ottawa Announcements of Decisions", The
Globe, Toronto, 1 February 1933, at p. 2;
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key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed.
The image was taken from ProQuest
Historical Newspapers: The Globe and Mail
CANADIAN PRESS DESPATCH, "Soldiers Not Exempt from Income Tax", Sherbrooke
Daily Record, Thursday, 15 November 1928, at p. 12; available
at http://collections.banq.qc.ca/ark:/52327/3096268
(accessed 4 April 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
CANADIAN PRESS WIRE, "Pitzulvows to revamp
prosecution system", Canadian
Press NewsWire, Oct 23, 1995;
judge advocate general,
Canada's top military lawyer. Pitzul
is confident he can quickly adjust to
civilian law. The Armed Forces has its own rules but the....
....
CANADIAN RED CROSS, "Substantive Report of the International
Conference -- Customary International Humanitarian Law: challenges,
practices and debates, September 29, 30 and October 1, 2005,
Montreal, Quebec, Canada", available at http://www.redcross.ca/cmslib/general/int_crc_mcgill_conference_report_eng.pdf
(accessed on 4 June 2012); research note: Major General Jerry S.T.
Pitzul, Colonel Ken Watkin and Lieutenant-Colonel Kirby Abbott took
an active part in the conference; FRANÇAIS: CROIX-ROUGE CANADIENNE, "Rapport substantif de la Conférence
internationale -- Droit international humanitaire coutumier: enjeux,
pratiques et débats, 29, 30 et 1er octobre 2005,
Montréal, Québec, Canada",
disponible à http://www.croixrouge.ca/cmslib/general/int_crc_mcgill_conference_report_fr.pdf
(site visité le 4 juin 2012); le Major-général Jerry S.T.
Pitzul, le Colonel Ken Watkin et le Lieutenant-Colonel Kirby prirent
une part active dans le déroulement de la conférence;
___________"Major Tammy Tremblay bio", available at http://www.redcross.ca/article.asp?id=42734&tid=067
(accessed on 22 May 2012); Notes: "Major Tremblay
completed her LLM at the Academy of International Humanitarian Law
and Human Rights in Geneva";
Image source: warmuseum.ca/firstworldwar/objects-and-photos/archival-documents/
military-documents/wanted-for-desertion/?back=277, accessed
3 December 2017
CANADIAN WAR MUSEUM, "Canada and the First World War: The effects of
Low Morale: Desertion, Self-inflicted Wounds, Malingering",
available at http://www.warmuseum.ca/firstworldwar/history/life-at-the-front/trench-conditions/the-effects-of-low-morale/
(accessed 3 December 2017);
CANNON, Paul Newton, Policy Legitimation on the use of force
[microform] : normative and interest-based war
justification in the U.S. and Canada, Thesis
(Ph.D.)--University of Southern California, 1998, viii, 277 leaves :
ill, includes bibliographical references (leaves 212-218);
Microfiche. Ann Arbor, Mich. : UMI Dissertation Services, 1998. 4
fiche 11 x 15 cm; available at http://digitallibrary.usc.edu/cdm/compoundobject/collection/p15799coll17/id/376442/rec/7,
accessed on 11 January 2015;
CANTIN, Charles, Me, un avocat de Jonquière, QC est très actif dans
la défene de militaires et d'ex-militaires de la BFC Bagotville:
After six short weeks of debate, Bill C-36, The
Anti-terrorism Act,1 passed into law on 28
November 2001. Bill C-36 was Parliament’s formal legislative
response to the terrorist
attacks upon the U.S. on September 11. Among other things,
Bill C-36 amended the National Defence Act2 to grant the Minister of
National Defence, in place of a judge,
the power to authorize the Communications Security
Establishment (CSE) to intercept
private communications for the purpose of obtaining foreign
intelligence under section
273.65. The CSE’s mandate includes acquiring and providing
foreign signals intelligence.3
In this article, I argue that this amendment to the National
Defence Act abolished an
essential safeguard to arbitrary state actions and likely
violates section 8 of the Canadian
Charter of Rights and Freedoms.4 The eventual removal
of section 273.65 from the National Defence Act would uphold the
long-standing, appropriate, and constitutional
doctrine that the power to authorize agents of the state to
intercept private communications
rests solely with the judiciary.
Image
source:
http://www.hec.ca/en/news/2014/publication_JCardinal_Cora_e.html,
accessed 3 June 2016
Jacqueline Cardinal
CARDINAL, Jacqueline, "XIVe Conférence internationale et
multidisciplinaire des gens de justice -- Au pied du mont
Etna" (août 2003) 35(13) Le
Journal -- Barreau du Québec; disponible à http://www.barreau.qc.ca/publications/journal/vol35/no13/etna.html
(vérifié le 5 mars 2012);
Droit militaire
Me Nicole Girard, juge-avocate
adjointe aux Forces armées canadiennes, a pour sa part
présenté un tout nouveau champ d'application du droit
militaire,
soit le Code de discipline militaire enchâssé dans
la Loi sur la défense nationale (LDN), en vertu de
laquelle les civils relèvent du ministre en titre, et les
militaires, du chef de l'état-major. Depuis l'adoption de la
Charte canadienne des droits et libertés, le
législateur a voulu rapprocher le Code de discipline
militaire du Code criminel, afin d'éviter
certains problèmes, comme la partialité des juges, avocats
et jurés militaires, les fouilles abusives, et les pouvoirs
excessifs de détention.
Deuxième événement à avoir influé sur la refonte de la LDN,
l'enquête sur la Somalie a amené une redéfinition du rôle de
maintien de la paix dévolu aux
Forces armées canadiennes, une précision de la juridiction
de la Cour martiale, de même que la création du poste
d'ombudsman. Ont également été instaurés
des changements dans la chaîne de commandement, faisant en
sorte que des hauts gradés puissent être inculpés et que des
corps policiers indépendants puissent
intervenir. Ces deux axes de modifications de la LDN ont
amené la création du Bureau des juges-avocats militaires.
Les juges-avocats militaires sont nommés
par le Gouverneur général en conseil, avec mandat de cinq
ans renouvelable. Leur rôle s'étend au droit opérationnel et
au droit de la guerre, qu'ils doivent
administrer en conformité avec la Convention de Genève. Les
juges-avocats ont à se prononcer, en action, sur le choix
des cibles militaires, l'application
obligatoire de mesures pour minimiser les « dommages
collatéraux » et l'emploi d'une force minimale (bombe au
laser ou non, précautions dans l'attaque, etc.).
Selon Me Girard, on peut espérer que le
juge-avocat soit appelé à jouer un rôle croissant lors de
conflits internationaux, dont les guerres en Afghanistan et
en
Irak sont devenues des théâtres célèbres.
"Office of the JAG@JAGCAF19h19 hours
ago Members of
our AJAG Eastern team, Maj Laurent Carignan,
Maj
Jean-Francois Guay and LCdr Valérie Pagé were at the Farnham
Garrison in Quebec for firearms training recently, an annual
requirement
for #CAF operational
readiness."
[source of image: twitter.com/JAGCAF/status/1041761866404569088,
accessed 18 September 2018]
CARIGNAN, L.P.G. (Laurent), Major, member of the OJAG, co-counsel
with Major A. Gelinas-Proulx of the Defence Counsel Services in the
case of Ogston R.J.A. (Sergeant), R. v., 2017 CM 2003 (CanLII), <http://canlii.ca/t/h5jfh>
(accessed 9 May 2018); member of the Quebec Bar since 2011;
----------------------
David Carment, source of
image:
Dani Bello
https://carleton.ca/india/people/david-carment/
source of photo: ca.linkedin.com/in/dani-belo-b9603ab2
accessed 15 October 2018
CARMENT, David, and Dani Belo, "War’s Future: The Risks and Rewards
of Grey-Zone Conflict and Hybrid Warfare", Canadian Global Affairs
Institute, 10 October 2018, available at https://www.cgai.ca/wars_future_the_risks_and_rewards_of_grey_zone_conflict_and_hybrid_warfare
(accessed 15 October 2018);
Another example of moral hazard occurred in
relation to the so-called Afghan detainee scandal which only
came to light after FSO Richard Colvin revealed human rights
abuses despite the Conservative government’s
continued denial.
The difficulty in acquiring information about a
military’s motives, tactics and capabilities is the common
factor
in that a democracy may be unwilling (for political
reasons) or incapable (for institutional reasons) of
holding
its military accountable as a whole. Therefore, it has to
function with incomplete information or become reliant
on defence staff who may reveal only partial or false
information. The unwillingness of defence staff to share
information is partly motivated by a desire to disguise
their true goals in order to avoid the label of an enabler
to
conflict or to ensure that opponents are not given that
information.
Morrow, a 30-year-old Winnipegger living in northern
Iraq, is a technical advisor with U.K.-based Conflict
Armament Research,
a company that tracks and documents illegally diverted
weapons in conflict zones.
CARON, Joseph Edouard Peacefully
at home on July 5, 2011, at the age of 86, surrounded by
his loving family.
Devoted husband of 59 years to Simone (nee Rainville),
proud father to Louise (Bernd Zechel) and Suzanne.
.... Born in Rimouski, Quebec, son of Amédée Caron and
Yvonne Morin, Edouard served in the military for
30 years as a lawyer and subsequently as a
judge-advocate with JAG. He then joined Veterans Affairs
Canada
as a pensions advocate until his retirement. ....
___________on CARON, Édouard, voir "Rimouskois promu dans l'armée",
Le Progrès du Golfe, Rimouski, vendredi 27 mai 1960, à
la p. 17; disponible à http://collections.banq.qc.ca/ark:/52327/2476834
(consulté le 15 mars 2019);
Jean Caron, à droite, recevant le prix Louis-Phillipe Pigeon, source
de la photo: http://jeunebarreaudequebec.ca/?p=87,
site visité le 20 mars 2014
___________photo du capitaine Jean Caron, à gauche, recevant la
médaille du service spécial de l'ONU de la part du JAG (Nov-Dec
2000) 4 JAG Newsletter-Bulletin d'actualités 5 (consulted 21
October 2017);
___________sur Me Caron, Jean, voir TREMBLAY, Isabelle Marjorie et al., "Portrait d'avocat
-- Major Jean Caron", dans Le droit de savoir, video, 5 minutes, 22
secondes; disponible à http://www.ledroitdesavoir.ca/voir_segment01.asp?id=2&segment=2
(vérifié
le 18 mars 2012);
Isabelle Marjorie Tremblay s’entretient avec le
major Jean Caron, l’un des huit
procureurs militaires du Canada. Il nous explique son rôle
au sein de la Cour
martiale, une cour spécialisée où sont portées les causes de
droit disciplinaire militaire.
Me Jean Caron
___________sur monsieur CARON, Jean, Procureur au bureau du
Directeur des poursuites criminelles et pénales, voirLinked in à https://ca.linkedin.com/in/jean-caron-728b0258
(visité le 27 aout 2019);
Jean Caron sur la page couverture de Pro Forma, Bulletin de
Liaison des avocats
et des avocates de la section de Québec.
___________
Source de l'image: https://www.youtube.com/watch?v=An6A26iVRKw,
visité 10 septembre 2015
Capitaine Marie-Julie Côté et le Major Jean Caron
___________sur CARON, Jean, voir DÉFENSE NATIONALE,
Nouvelles de l'armée, Multimédia de l'armée, "Des
juges-avocats aident à naviguer les droits de la
guerre", Réalisation des Affaires publiques de l'Armée
canadiennes, 2012, 3 minutes, 17 secondes; participation
des avocats militaires Marie-Julie Côté et Jean Caron;
sur l'emploi des règles d'engagement pendant les
opérations domestiques; disponible sur YOU TUBE, http://www.youtube.com/watch?v=HOC4cNMFQUk,
site visité le 6 juin 2014; notes: with English
sub-titles; for NATIONAL DEFENSE, Army News, Army
Multimedia, Canadian Army Public Affairs;
Jean-François Caron
Image source: shss.nu.edu.kz/faculty/jean-francois-caron, accessed
12 March 2018
CARON, Jean-François, "An
Ethical and Judicial Framework for Mercy Killing on the
Battlefield", (2014) 13(3) Journal of Military Ethics 228-239;
Abstract
As a
follow-up to Stephen Deakin's analysis on the ethics
of mercy killing on the battlefield in this journal,
this article proposes
a moral justification for this type of action, as well
as a judicial framework that could clarify what
qualifies as such morally
permissible action. Based upon contemporary cases, it
argues that the current military codes of conduct are
incoherent when
it comes to the punishment of soldiers who commit
mercy killings, and that the military codes of justice
should be amended
accordingly.
[source:
tandfonline.com/doi/full/10.1080/15027570.2014.975008,
accessed 12 March 2018]
____________"Exploring
the extent of ethical disobedience through the lens of the
Srebrenica and Rwanda genocides: can soldiers disobey lawful
orders?" Critical Military Journal, published on line 1
February 2017;
ABSTRACT
Although
obligation in the military world implies a strict duty
to obey the orders that are given, this obligation is
conditional on the
lawfulness of these orders. In other words, soldiers
have the moral duty to disobey orders that would lead
them to commit unlawful actions.
Therefore, ethical disobedience is an important
feature of the armed forces and cannot be ignored.
This text contemplates an extended
version of this logic by considering whether or not
soldiers have the duty to disobey lawful orders that,
if respected, will likely result
in harm to civilians, such as war crimes and/or
genocide. Based on the examples of the genocide of
Srebrenica in 1995 and Rwanda in
1994 and from moral arguments, this text discusses
that ethical disobedience should include such a
possibility.
[source: tandfonline.com/doi/abs/10.1080/23337486.2017.1278920,
accessed 13 March 2018]
___________Disobedience in the Military: Legal and Ethical
Implications, Palgrave Pivot, Cham, 2018, 127 p.,
Product Description
We often think of the army as an institution whose members
are required to blindly obey
all orders they receive. However, this perception is
inaccurate. Disobedience is a fundamental
professional obligation of members of the military and
overrides the obligation to follow
commands. But what is the extent of this obligation? Are
soldiers obligated to participate in
what they consider to be an illegal war, or should they be
allowed to enjoy a right to selective
conscientious objection? Should soldiers obey a legal
order that, if followed, would facilitate the
perpetration of war crimes by a third party? How should
soldiers act if they are ordered to follow
a lawful order that could result in immoral consequences?
Should soldiers be allowed to refuse to
obey what can be labeled as suicidal orders? Based upon
the nature of soldiers’ professional
obligations, this book tries to offer answers to these
important questions. The author turns to a
number of different case-studies, including conscientious
objections, duty to protect in genocidal
situations such as Rwanda and Srebrenica, suicidal orders
in wars, as well as retribution and
leniency towards war criminals, as a way of assessing the
different legal and ethical implications
of disobedience in the military.
____________Site of Associate Professor, Department Chair,School of
Humanities and Social Sciences, Nazarbayev University, at https://shss.nu.edu.kz/faculty/jean-francois-caron
(accessed 22 July 2018);
CARON, Nathalie, L'incorporation par renvoi de directives
au Code de discipline militaire en application de l'article 129 de
la Loi sur la défense nationale, mémoire de recherche, LL.M.,
57 p., Université d'Ottawa thèse citée in "Liste des mémoires de
maîtrise et thèses de doctorat acceptées en 2001", (2001) 61 La
Revue du Barreau 575; travail présenté à monsieur Bisson;
« Mémoire de recherche DCL 7066 »; copie à Québec
Ministère de la Justice, Bibliothèque; disponible à http://www.lareau-legal.ca/Caron.pdf
(mis sur l'internet le 6 avril 2011 avec la permission de Nathalie
Caron);
___________Nathalie Caron fut un membre du Cabinet du Juge-avocat
général et écrivit "Formation, Rapports de cours - Congrès
national de l'Institut canadien d'administration de la justice: La
rédaction législative sans frontières", (Novembre-décembre 2000) JAG
Newsletter--Bulletin d'actualités 52-54;
___________note de recherche: Nathalie Caron travaille à la Chambre
des communes, Bureau du légiste et
conseiller parlementaire (renseignement en date du 14 janvier
2019);
Judge Caron had gained notoriety among the
patriotes by his service as Deputy Judge-Advocate-General
at the court-martials in Montreal following the Troubles of
1837-1838 but this does not appear to have
been held against him in 1859. Judge Caron had been a member
of the Baldwin-LaFontaine and
Hincks-Morin administrations before his elevation to the
bench. He later served as Lieutenant-Governor
of Quebec from 1873 to 1876.
Image source: heritage.utoronto.ca/islandora/object/heritageutarms%3A7514,
accessed 8 March 2019
D.D. Carrick, University of Toronto Rugby Club - Senior
Intercollegiate Champions, 1926, detail of group photo.
CARRICK, D.D. (Donald D.), 1906-1997, Lieutenant-Colonel of Toronto
was the Judge-Advocate in the general court martial of Pte Edwin
Barnard on two charges of aiding the enemy and referred to in the
article "Treason Trial of Windsor Man Nearing Close", The Globe
and Mail, 6 September 1945, at p. 7;
__________"The
Recent Regulation of Monopolies [re McQuarrie Report and the
Reform of Combines Legislation]", [1952] 30(6) Canadian Bar
Review 579-587; available at https://cbr.cba.org/index.php/cbr/article/view/1971/1971
(accessed 8 March 2019);
Donald D. Carrick*
B.A. (Tor.),LL.B.(Harv.),and Osgoode Hall Law School. Mr.
Carrick is the senior partner
in the firm of Carrick & Coutts, Toronto....
___________on Carrick, D.D., see Carricket al., Education for the Bar: Report of the Special Committee of Students of Osgoode Hall (1934) 12 Canadian Bar
Review144; not consulted yet (8 March 2019);
98. No. 1 Det (A) Cdn J.A.G. Overseas
functioned at C.M.H.Q. under the direct control of Brigadier
Anglin, with Lt-Col D.D. Carrick
as his A.D.J.A.G.
CARRIER, Eric, Major, legal officer with the OJAG; acted for
the Director of Military Prosecutions in the case of
Winters S. (Captain), R. v., 2011 CM 4002 (CanLII), <http://canlii.ca/t/fkq9r> (accessed 10 May 2018);
member of the Quebec bar since 2009; eric.carrier2@forces.gc.ca;
employed at the Canadian Forces Military Law Centre, Kingston
(2018-2020);
-------------
Ian MacAlpine, image
source:
Lt.-Col. Deborah Miller
thewhig.com/author/ian-macalpine
___________on the courts martial cases of Deborah Miller prosecuted
by Eric Carrier, see MacALPINE, Ian, "Lt.-Col. pleads guilty to
three charges", Kingston Whig-Standard, 6 October 2014; available
at http://www.thewhig.com/2014/10/06/lt-col-pleads-guilty-to-three-charges
(accessed 24 January 2017); defence counsel: Maj. Sara Collins;
prosecutor: Maj. Eric Carrier; military judge: Col. Michael R.
Gibson;
[reasons for sentence, 7 October 2014, available
at Miller D.L. (Lieutenant-Colonel), R. v., 2014 CM 2018
(CanLII), http://canlii.ca/t/gf0q3]
[reasons for sentence, previous court martial, 22 October
2012, available at Miller D.L. (Lieutenant-Colonel), R. v.,
2012 CM 2014 (CanLII), <http://canlii.ca/t/fw2lj>]
___________sur Kevin Carroll, voir: "La primauté du droit, une
priorité du nouveau président de l’ABC, Kevin Carroll, pour son mandat en
2009-2010", Le Monde juridique, 2009, volume 18, numéro 5, à
la p. 25; disponible à
http://numerique.banq.qc.ca/patrimoine/details/52327/2436967?docref=SZTccZ3WreiN4wKFCIaqnA&docsearchtext=%22juge-avocat-g%C3%A9n%C3%A9ral%22
(vérifié le 26 septembre 2018);
Originaire de la Nouvelle-Écosse, Me Carroll est
diplômé de l’Université St.
Mary’s à Halifax (N.-É.) (B.A., 1965), et a reçu son LL.B.
de la faculté de droit
de l’Université Dalhousie en 1968. Il a été admis au
Barreau de l’Ontario en
1970 et nommé Conseiller de la Reine en 1981. De 1962 à
1970, M. Carroll
a aussi été membre du Régiment royal de l’Artillerie
canadienne et du Cabinet
du Juge-avocat
général des forces canadiennes, où il a atteint le rang de
capitaine avant de prendre sa retraite.
CARROLL, L.C. (Lovell Caverhill), lawyer, of military district
number 4 Headquarters, prosecutor 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);
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
___________ Notes on the life of L.C. Caroll, see Jean-Jacques Lefebvre, Revue du
Barreau, 1974 at pp. 423-425;
___________on CARROLL, L.C. (Lovell Caverhill), 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;
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 of
image: https://www.cba.org/CBA/newsletters/pdf/MIL-jamaica.pdf,
accessed 1 October 2015
From the left: Maj Colin Carson, LCdr Magda Siepka
and Maj Benoit McMahon (2005 CJSC LOAC Instructors)
CARSON, Colin, "JAG LOAC goes on montain retreat in Jamaica"
(December/Décembre 2006) Sword& Scale -- Salut militaire;
available at http://web.archive.org/web/20070515000335/www.cba.org/CBA/newsletters/mil-2006/news.aspx (accessed on
24 April 2012); also published in (2006) 1 JAG Les actualités -- Newsletter 26-28; FRANÇAIS: CARSON, Colin, "L'équipe du DCA du JAG en retraite à la
montagne en Jamaïque" (December/Décembre 2006) Sword& Scale -- Salut militaire; disponible à http://web.archive.org/web/20070518052202/http://www.cba.org/abc/nouvelles/mil-2006/nouvelles.aspx#article4
(site visité le 24
avril 2012); cet article est remanié à "Droit des Conflits
Armés (DCA) en Jamaïque" (2006) 1 JAG
Les actualités -- Newsletter 28;
___________Part of retirement message on Major Colin Carson that I
received from Benoit Pinsonneault (Alumni network)
Title:
Retirement
Message Maj Colin Carson // Message de départ à
la retraite Maj Colin Carson
Body:
(Le
texte français suit)
Subject:
Retirement of Major Colin Carson, CD., B.A.,
LL.B
1.
After 42 years of loyal and dedicated service
to the Canadian Armed Forces, Major Colin
Carson will retire on 16 October, 2017.
2.
Major Carson first enrolled as a private in
the Canadian Forces Reserve Force on the 15th
of June, 1975, at the age of 17. He was later
accepted into the Officer CandidateTraining
Plan and was commissioned in the rank of
second lieutenant in the Royal Canadian
Regiment. From 1977 to 1986 he served as an
infantry officer in Canada and overseas,
holding a number of command and training
appointments, and staff officer positions.
3.
While studying at Queen’s University and
during his articles in Crown prosecutors’
offices in Ontario and Manitoba, Major Carson
served in the Primary Reserve with the
Princess of Wales’ Own Regiment and the Royal
Winnipeg Rifles. In 1994, he transferred to
the JAG Primary Reserve List and in 1995,
while on callout as the Deputy Judge Advocate
in Petawawa, he transferred back into the
Regular Force.
4.
During his 23 years of service in the legal
branch, Maj Carson has been posted to AJAG
Central Region, the Somalia Inquiry Liaison
Team, AJAG Prairie Region, DLaw/Operations,
DLaw/Training and the Office of the DND/CF
Legal Advisor. He has also been deployed on
two domestic and two international
operations.
5.
Upon retiring, Major Carson plans on applying
his grand-parenting skills on a full-time
basis.
6.
Friends and colleagues are invited to come and
celebrate this special occasion with Major
Carson and his family at a Depart with Dignity
ceremony to be held on Friday, 13 October 2017
from 1500 hrs at the Army Officers’ Mess (149
Somerset Street West).
CARSON, J.M. (John), Major is referred to as "Assistant Judge
Advocate-General" in the article "STAY GRANTED IN ALBERTA: Col.
MacDonald Undertakes Not to Remove Draftees From Province COURT IS
SATISFIED. Action Waits on Decision of Supreme Court of
Canada", The Globe,
[The Globe and Mail], 13 July 1918 at pages 1 and 3;
___________Carson, John, Major, Assistant Judge
Advocate General, appeared for the Adjudant-General, on 12 July
1918, before the Alberta Supreme Court, Appellate
Division, in Norton (Re), 1918 CanLII 655 (AB CA), <http://canlii.ca/t/gcgfq>,
also at [1918] 2 WWR 865 — 13 Alta LR 457; case accessed 7 April
2020;
___________on CARSON, John, see "Fake Captain Is Now
Sentences to another Three Years. Stitt Pleads Guilty
to Charges Laid by Military Authorities. Will be taken
North by police tomorrow. Case
conducted in Police Court by Major John M. Carson",
emphasis in bold added, Calgary Herald, 1 April
1918, p. 21; available at https://www.newspapers.com/....,
accessed 20 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 CARSON, John, see "[Military] Registrar Carson
May Become Deputy Judge-Advocate General", The Calgary Daily
Herald, Tuesday, 12 March 1918 at p. 9; 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 zoom in or out of the web page
being viewed
___________on CARSON, John, 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;
___________on Major Carson, J., see "Carson Accepts Staff Post and
Becomes Major. Will be Assistant Judge-Advocate General as
Well as Registrar", Calgary Herald, Monday, 18 March 1918,
at p. 9; available at https://www.newspapers.com/....., accessed 20
June 2020;
___________contributor to the ICRC, Handbook on
international rules governing military operations,
Geneva : ICRC, 2013, 459 p., 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);
___________former member of the JAG; has master degree in
international humanitarian law from the University of Geneva and the
Graduate Institute of International studies; here are some notes on
him:
Andrew Carswell, based in Washington D.C. since
2011, currently serves as delegate to the U.S. and Canadian
Armed Forces for the International Committee of the Red Cross
(ICRC).
Between 2009 and 2011 Andrew served as advisor for the ICRC’s
Unit for Relations with Arms Carriers in Geneva, where he
supported twenty-five armed
forces delegates worldwide regarding their efforts to
implement the law of armed conflict at the national level; and
between 2006 and 2009 he was based in
Pretoria as Regional Delegate to the Armed Forces of Southern
Africa and the Indian Ocean. Prior to his career with the
ICRC, he served as an officer in the
Canadian Forces Office of the Judge Advocate General
(2000-05), where he specialized in military prosecutions,
international law and legal training. He
was deployed to the NATO chain of command as a divisional
legal advisor in Bosnia (2002) and served as third in command
of the Canadian Military
Prosecution Service (2003-05). Before joining the military, he
was a criminal prosecutor in the city of Calgary, Canada
(1997-2000). He performed his
articles of clerkship at the Court of Appeal of Alberta
(1996-97), and remains a member of the Alberta Law Society.
(source: http://ihrib.org/ihrib-webinar-montreux-years/speaker-biographies/,
accessed on 4 November 2014);
___________participation in "Panel I -- The Evolving Security
Environment : Threats and Strategies", in Engagement Between Peace
and War. How Soldiers and Military Institutions Adapt, 13-15
June 2016, Proceedings Report by Meaghan Shoemaker, Queen<s
University, Ontario, Queen's University, June 2016, 22 p.
(series; Eleventh Annual Kingston Conferenceon International
Security; 11th; Queen's CIDPKCIS2016) ; available at www.queensu.ca/kcis/sites/webpublish.queensu.ca.kciswww/files/files/2016/KCIS2016_Proceedings_Web.pdf
(accessed 13 January 2018);
Andrew Carswell began by
describing the International Committee of the Red Cross
(ICRC),
which focuses on the protection and assistance of
humanitarian b eneficiaries of armed conflict
from a position of neutrality and impartiality.
Mr. Carswell framed his
presentation first on the
rhetoric of Common Vulnerabilities Exposures (CVE) and
counterterrorism and how this
overlaps with protected person categories of the law of
armed conflict. Mr. Carswell
noted that
discussions of counterterrorism and CVE are interspersed
throughout the law of armed conflict
and cautioned that with counterterrorism, a label is
generally applied to a group, giving a title of
criminality regardless of their actions. When
speaking with key groups/parties, Mr. Carswell
noted that the ICRC navigates several fundamental
challenges which include state sovereignty,
the issue of material support to terrorism, and the
ownership of obligations and how this changes
in non-international conflict. The ICRC as a result must
consider legitimacy of groups while
being non-partisan, in addition to amnesty for
participation in hostilities.
In considering state’s adherence to the law of armed
conflict, Mr. Carswell
noted the practical
issue of how to integrate the law into practice . He
suggests this involves the whole system,
including policy, education, field training, and
justice. In consideration of Western
counterterrorism, the ICRC takes issue with the growing
tendency of armed forces to increase
the ability of commanders to make the call as to who is
a member in non-state armed groups.
Additionally, the ICRC is concerned with non-refulment,
which is refraining from releasing
detainees to states that are likely to mistreat them.
Canada was considered the model of practice
of the ladder, following the conflict in Afghanistan.
Acknowledging the tension between the
scope of battlefields being largely non-international
and the law of armed conflict which
emphasizes territory, Mr. Carswell
raised the issue of when a conflict becomes a local law
enforcement problem. This leads to a grey area in
which the circumstances must be considered.
Mr. Carswell concluded
by noting that there is a time and place for
counterterrorism, but not
during the discussion on the rights and obligations of
individuals on the laws of armed conflict.
[p. 6, footnote omitted]]
Image
source:
http://www.wilsonlafleur.com/wilsonlafleur/CatDetails.aspx?C=341.215,
accessedc 17 July 2017
CARTER, Kim S., "The Applicability of International Humanitarian Law
to United Nations Military Operations", in Claude
Emanuelli, sous la direction
de, Les casques
bleus : policiers ou combattants?/ Blue Helmets: Policemen or
Combatants?,
Montréal, Wilson et Lafleur, 1997, 130 p. at pp. 33-46
(Collection: Secrion bleue) ISBN: 2-89127-416-4;
___________ Biographical notes on Kim Carter from the BC Office of
the Ombudsman;
Kim Carter, Ombudsperson
Kim Carter has a broad background in criminal,
international and administrative law. She has
appeared as counsel before the Federal Court of
Canada, the Court Martial Appeal Court of Canada
and the Supreme Court of Canada.
She attended Glendon College at York University
for an undergraduate degree; received her law
degree from Osgoode Hall Law School in 1979 and
completed her Master’s of Law at the University of
Ottawa in 2005.
Kim served as a member of the Canadian Forces
Reserves from 1975 to 1981 as a logistics officer.
After her call to the bar in Ontario she
transferred to the regular force as a legal
officer. In addition to providing legal advice on
a wide range of administrative issues, she acted
variously as defence counsel, prosecutor and
appellate counsel. She was the Director of
International Law for the Canadian Forces from
1991 to 1995 and acted as Senior Canadian Forces
Counsel during the Somalia Commission of Inquiry.
She has worked in Canada and overseas in many
capacities including as leader of the Canadian War
Crimes Investigation Team responsible for
conducting on-site war crimes investigations in
the Former Republics of Yugoslavia for the United
Nations Commission of Experts in 1993. She was
also a member of the Canadian delegation during
negotiating sessions for the International
Criminal Court in New York
In 1999, then-Colonel Carter was appointed the
first independent Director of Military
Prosecutions for the Canadian Forces. In 2001 she
was appointed by Governor-in-Council as a military
judge and in 2002 became Canada’s first female
Chief Military Judge until her retirement from the
Canadian Forces in 2006.
Kim was appointed Ombudsman for the Province of
British Columbia on May 15, 2006 for a six-year
term and she was reappointed for an unprecedented
second term by the Legislative Assembly
on May 9, 2012. As Ombudsperson, Kim has
introduced an innovative early resolution program
to assist in achieving fair and timely resolutions
for individuals and authorities as well as
establishing an active systemic investigation team
that has produced a number of public reports on
areas ranging from lottery prize security to home
and community care programs for seniors. (source:
https://www.bcombudsperson.ca/about/kim-carter-ombudsperson,
accessed 23 June 2015)
___________"Command Responsibility and Superior Orders in the Rome
Statute" in International Centre for Criminal Law Reform and
Criminal Justice Policy, The changing face of international
criminal law : selected papers, Vancouver, BC :
ICCLR&CJP, c2002, 241 p., at pp. 169-181, ISBN: 0973043202;
note: Papers from the Centre's 10th Anniversary Conference, held in
Vancouver in June 2001.--cf. p.7; available at http://www.icclr.law.ubc.ca/Publications/Reports/ChangingFace.pdf
(accessed on 8 June 2003);
Image
source: , accessed 3 June 2016
___________"Dealing With Allegations of Corrupt Practices in the
Canadian Forces", in, A Global
Forum on Fighting Corruption : Safeguarding Integrity Among
Justice and Security Officials : National Security Forces Panel,
1999, at pp. 57-77 ; available at http://www.hsdl.org/?view&did=445561
(accessed on 8 May 2012);
On February 24-26, 1999, Vice President Albert Gore hosted in
Washington D.C., the world's first conference to target
corruption, specifically among police, prosecutors, judges,
military personnel, customs officials, border guards, financial
regulators, and budget and procurement officials. On February 25,
1999, specialty sessions were held a various locations in the
Washington area, dealing with integrity and corruption issues
specific to certain institutions. The National Security Forces
Panel was hosted by DoD and convened at the National Defense
University, Ft. McNair, Washington, D.C. Approximately 120
participants attended from at least 40 nations, including defense
attaches, and senior military and civilian
officials. The transcripts of the conference proceedings are
contained within this report.
___________The international
criminal tribunal : current realities and future prospects / by
Kim Carter for the Canadian Committee for the Fiftieth Anniversary
of the United Nations, [Ottawa] : The Committee, 1994, 14
p. (series; The agenda for change series: perspectives on UN reform
no 4); FRANÇAIS :
__________ Le tribunal pénal
international : situation actuelle et perspectives d'avenir / par
Kim Carter pour le Comité canadien pour le cinquantième
anniversaire des Nations Unies, [Ottawa] : Le Comité, 1994,
14 p. (Collection; Série des agendas pour le changement exposé no.
4);
___________"Les juges militaires à une nouvelle présence au Forum
des juges", (June 2003) Vox Judicia--CBA Judges' Forum 1-2;
available at http://www.cba.org/CBA/Judges_Forum/pdf/voxjune2003.pdf
(accessed 31 October 2015);
Colonel Kim Carter, CD, B.A., LL.B,
originally of Toronto and currently residing in Ottawa, Ontario is
appointed as a military judge under the National Defence Act.
Colonel Carter received her LL.B. from Osgoode Hall Law School in
1979 and was called to the Ontario Bar in 1981. She has been a
member of the Canadian Forces
since 1975, commencing her service at 25 (Toronto) Service
Battalion. She transferred to the Regular Force in 1981 as a legal
officer in the Office of the Judge Advocate
General. Colonel Carter has served as a member of the legal
defence team, acted as an area legal adviser and appeared as
appellate counsel before the Court Martial
Appeal Court. Colonel Carter graduated from the Canadian Forces
Command and Staff College in 1989. In January 1993, Colonel
Carter was appointed leader of the
Canadian War Crimes Investigation Team responsible for conducting
on-site war crimes investigations in the Former Republics of
Yugoslavia for the United Nations Commission
of Experts. In April 1995, she was posted to the Office of the
Counsel for the Government of Canada representing the Government
of Canada before the Somalia Commission of
Inquiry. In 1999, Colonel Carter was appointed as the first
Director of Military Prosecutions for the Canadian Forces, a
position she held until her appointment as a military judge.
Colonel Carter also has extensive experience in international
law..
_______________on CARTER, LCol Kim, see The Canadian Press,
"Military lawyer disqualified at Somalia Inquiry", The Windsor
Star, Wednesday, 15 May 1996 at p. A11; available at
https://www.newspapers.com/ (accessed 15 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
"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 CARTER, LCol Kim, 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;
___________on CARTER, Colonel Kim, see McDONALD, R. Arthur, (Ronald
Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office
of the Judge Advocate General, c2002, at pp. 162 and 169 available
at 103-242;
Source of
image: http://www.cba.org/
CBA/Judges_Forum/pdf/voxjune2003.pdf, accessed 31 October 2015
"Military judges: Lieutenant Colonel Alain Ménard (now
retired)(back),
and left to right, Commander Jim Price, Lieutenant Colonel Mario
Dutil, Colonel Kim Carter."
___________The People's
Court? The International Criminal Court and Article 15
Proprio Motu Investigations: A Vision For The Future,
Master's essay for LL.M. degree, University of Ottawa / mémoire de
maîtrise en droit pour le grade LL.M., Université d'Ottawa, 2004;
titre noté dans "Liste des mémoires de maîtrise et thèses de
doctorat acceptés en 2004", (Automne 2004) 64 Revue du Barreau 467 à la p.
468;
Image
source:
mysmilebuecher.cf/olddocs/looking-ahead-international-law-21st-century-proceedings-29th-annual-conference-canadian,
accessed 17 July 2017
CARTER, Kim, Yasir Naqvi and Katherine Wood, "Canadian Council in
International Law: Policy Options Paper" in Canadian
Council on International Law Conference (29th : 2000: Ottawa,
Ont.), Looking ahead :
international law in the 21st century : proceedings of the
29th Annual Conference of the Canadian Council on International
Law, Ottawa, October 26-28, 2000 = Tournés vers l'avenir : le
droit international au 21ème siècle : travaux de 29e congrès
annuel du Conseil canadien de droit international, Ottawa, 26 au
28 octobre 2000, Hague : Kluwer Law International, c2002,
x, 347 p., at pp. 312 to approx. 342; Notes: Parallel title: Tournés vers l'avenir, ISBN:
9041198725 (paperback) and 9041198598 (hardback); copy at Ottawa
University, FTX General, KZ 25 .C345 2000;
CASHIN, Patrick (Pat), Captain, member of the OJAG, following the
Legal Officer Qualification Course that started in April 2019 at
Canadian Forces Military Law Centre, Canadian Forces Base Kingston;
Captains
Greg Plester, Mike Gough and Pat
Cashin from our AJAG Western
team have finished their first week on the Legal
Officer Qualification Course.
46 new @CanadianForces
Legal Officers from across Canada are at CFB
Kingston for the month-long mandatory training."
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
Zaida Catalan , kidnapped and killed see Wikipedia
source: dailykos.com/stories/2017/3/30/1648277/-Kidnapped-U-N-
Experts-Found-Dead-And-Beheaded-In-Congo-Remembering-Champions-
Of-The-Downtrodden, accessed 26 August 2017
CATALAN, Zaida, two photos from flickr "Goma, DR Congo album",
at https://www.flickr.com/photos/zaida/albums/72157625794328219
(accessed on 26 August 2017);
-
"Avocat militaire -- Patrick [Goulet] ]the military
lawyer"
-
"Last meeting for Patrick [Goulet] --Meeting about the
mass rapes in Walikale
and protection of the victims who recieve threats as
they step forward
and want to testify."
CATHCART, Blaise (Bernard Blaise), "2015 William A. Howard
Memorial Lecture with Major-General Blaise Cathcart", available
at https://www.youtube.com/watch?v=HuaVteDUb3U
(accessed on 28 March 2015);
___________ "Address delivered at the Office of the JAG Continuing
Legal Education Conference, Ottawa, 4-6 October 2012, 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. 148
and 196;
___________ "Application of Force and Rules of Engagement in
self-defence Operations", in Terry Gill and Dieter Fleck, eds., Handbook of the International Law of
Military Operations, Oxford/New York: Oxford University
Press, 2011, xxviii, 657 p., at pp. 201-212, ISBN13:
9780199545896; ISBN10: 0199545898; copy
at Université Laval, Bibliothèque des sciences humaines et sociales;
see also 2nd edition, 2015 as chapter 10, ISBN:
978-0-19-874462-7 and ebook ISBN: 978-0-19-106208-7;
Since 1990, Major-General Cathcart has served in a
number of positions with the Office of the
JAG, including: Assistant Judge Advocate Atlantic Region
(1990-91); Directorate of Law/Claims
(1991-92); Directorate of Law/Human Rights and Information
(1992-93); Deputy Judge Advocate
Pacific Region (1993-96); Deputy Judge Advocate Prairie
Region (1996-97); Director of
Operational Law (1997-2003); post-graduate studies (LLM) in
International Law at the London
School of Economics and Political Science, London, England
(2003-2004); the Special Assistant
to the JAG (2004-2005); and Director of International Law
(2005-2006). He was promoted to the
rank of Colonel in June 2006 and served as the Deputy Legal
Advisor and General Counsel – Military
in the Office of the Legal Advisor to the Department of
National Defence and the Canadian Armed
Forces (2006-2007); Second Language training (2007-2008);
the Deputy Judge Advocate General/
Operations (2008 - 2010). He was promoted to the rank of
Brigadier-General in April 2010, prior to
his appointment to the position of Judge Advocate General on
14 April 2010. On October 29, 2012,
he was promoted to the rank of Major-General.
He has deployed as legal advisor to the Commander
Canadian Contingent United Nations Protection
Force (UNPROFOR) and the United Nation Peace Forces
(UNPF) in the former Yugoslavia in 1994
and 1995. Major-General Cathcart deployed as the
Senior Legal Advisor to the Commander Canadian
Task Force Bosnia-Herzegovina (SFOR) from February to
September 2000. He was the legal advisor
to Joint Task Force 2, the Canadian Forces
Counter-Terrorism/Special Operations unit from 1997-2000.
In his capacity as the Director of Operational Law
(2000-2003), he provided daily legal advice to the
Deputy Chief of the Defence Staff and senior National
Defence Headquarters (NDHQ) staff (including
J3 Counter-Terrorism and Special Operations) on a number
of issues arising from domestic and
international operations. Major-General Cathcart was
intimately involved in providing legal advice
at the strategic and operational levels during the
planning and execution of the Canadian Armed Forces
participation (conventional and special forces) in the
Campaign Against Terrorism.
___________ARMY.CA --Blog -- Topic: Judge Advocate General has gone
3 years without filing reports to Def Minister (Read 14888
times), available at http://army.ca/forums/index.php/topic,115252.0.html,
accessed 27 December 2015;
___________"Canadian Military Justice and the Judge Advocate
General, Speech delivered by Major General Blaise Cathcart at the
Winds of Change International Military Law Conference November 23,
2015–University of Ottawa" 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. 23-31, 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); speaking notes
in English and French
from the Judge
Advocate General,
available in English
at http://www.forces.gc.ca/en/about-reports-pubs-military-law/jag-remarks-military-law-conference-2015.page
and in French at http://www.forces.gc.ca/fr/a-propos-rapports-pubs-droit-militaire/notes-allocution-du-jag-conference-droit-militaire-2015.page
(accessed 12 February
2016);
Image
source: http://www.amazon.com/The-Handbook-International-Military-Operations/dp/0199641218,
accessed on 15 November 2014
___________"Command and Control in Military Operations", in Terry
Gill and Dieter Fleck, eds., Handbook
of the International Law of Military Operations, Oxford/New
York: Oxford University Press, 2011, xxviii, 657 p., at pp. 235-244,
ISBN13:
9780199545896; ISBN10: 0199545898; copy
at Université Laval, Bibliothèque des sciences humaines et sociales;
see also 2nd edition, OUP 2015, at p. 138;
___________"Contemporary Challenges in Canadian Military Law--JAG
Remarks to the Albany Club, Toronto, Ontario, 24 April 2015", 29
p., DND Access to Information Act request file number
A-2016-00215-0016; available at http://www.lareau-legal.ca/Cathcart45.pdf;
excellent
description of the JAG organization! (put on line on 3 July 2017);
___________"Départ à la retraite du MGen Blaise Cathcart--Juge
Avocat Général (JAG), 12 juin 2017; received by email from
Benoit Pinsonneault, 23 June 2017;
Title:
DEPART A LA RETRAITE DU MGEN BLAISE CATHCART – JUGE-AVOCAT
GENERAL (JAG)
Approver
Comments:
Body:
MESSAGE BILINGUE/BILINGUAL MESSAGE
1.
APRES 27 ANS DE SERVICE LOYAL ET DEDIE AU CANADA, AUX
FAC ET AU CABINET DU JAG, LE MGEN BLAISE
CATHCART OMM, CD, C.R. PRENDRA SA RETRAITE LE 11
SEPTEMBRE 2017.
2.
SUIVANT LES TRACES DE SON PERE, ADJUC (RETRAITE) BLAISE
CATHCART – RCR, LE MGEN CATHCART JOINT
LES FAC LE 18 JUIN 1990 (DANS L UNIFORME DE LA FORCE
AERIENNE) PEU DE TEMPS APRES AVOIR ETE APPELE
AU BARREAU DE LA NOUVELLE-ECOSSE EN 1989. PENDANT SA
CARRIERE, LE MGEN CATHCART OCCUPA PLUSIEURS
POSTES AU SEIN DU CABINET DU JAG, NOTAMMENT COMME
JUGE-AVOCAT ADJOINT REGION ATLANTIQUE DE 1990
A 1991, REGION PACIFIQUE DE 1993 A 1996 ET REGION DES
PRAIRIES DE 1996 A 1997. IL PRATIQUA EGALEMENT LE
DROIT A LA DIRECTION JURIDIQUE – RECLAMATIONS DE 1991 A
1992, A LA DIRECTION JURIDIQUE – DROITS DE LA
PERSONNE ET INFORMATION DE 1992 A 1993, AU CABINET DU
CONSEILLER JURIDIQUE DU MINISTERE DE LA DEFENSE
NATIONALE ET DES FORCES CANADIENNES DE 2006 A 2007, ET
COMME JUGE-AVOCAT GENERAL ADJOINT/JUSTICE
MILITAIRE ET DROIT ADMINISTRATIF DE 2008 A 2009.
3.
LE MGEN CATHCART EST RECONNU GLOBALEMENT EN TANT QUE
PRINCIPAL PRATICIEN DANS LES DOMAINES
DU DROIT INTERNATIONAL ET OPERATIONNEL, LE PLUS
NOTABLEMENT DANS LE DROIT DES CONFLITS ARMES ET
EST HAUTEMENT CONSIDERE ET CONSULTE DANS LE MONDE. L
EXPERIENCE DU DROIT OPERATIONNEL DU MGEN
CATHCART A COMMENCE A TITRE DE CONSEILLER JURIDIQUE
AUPRES DU COMMANDANT DU CONTINGENT CANADIEN
DE LA FORCE DE PROTECTION DES NATIONS UNIES ET DES
FORCES DE PAIX DES NATIONS UNIES EN EX-YOUGOSLAVIE
DE 1994 A 1995. A SON RETOUR, IL FUT AFFECTE COMME
CONSEILLER JURIDIQUE AUPRES DE LA DEUXIEME FORCE
OPERATIONNELLE INTERARMEES, L UNITE D OPERATIONS
SPECIALES DE CONTRE-
ERRORISME DES FORCES CANADIENNES DE 1997 A 2000. LE MGEN
CATHCART RETOURNA AUX BALKANS EN 2000 EN
TANT QUE CONSEILLER JURIDIQUE PRINCIPAL AUPRES DU
COMMANDANT DE LA FORCE OPERATIONNELLE DU CANADA
EN BOSNIE-HERZEGOVINE. IL SOLIDIFIA ULTERIEURMENT SA
PRATIQUE DU DROIT OPERATIONNEL AU PAYS A LA
DIRECTION DU DROIT OPERATIONNEL DE 2000 A 2003 PUIS EN
2006. IL FUT PROMU AU GRADE DE COLONEL EN JUIN
2006 ET FUT AFFECTE COMME JUGE-AVOCAT GENERAL
ADJOINT/OPERATIONS EN 2008. LA MEME ANNEE, IL REPREND
ENFIN SES ESPRITS ET CHANGE D UNIFORME POUR REVETIR
CELUI DE L ARMEE. LE MGEN CATHCART EST PROMU AU
GRADE DE BRIGADIER-GENERAL EN AVR 2010, AVANT D ETRE
NOMME JUGE-AVOCAT GENERAL LE 14 AVR 2010. LE 29
OCTOBRE 2012, IL EST PROMU AU GRADE DE MAJOR-GENERAL,
NOMME CONSEILLER DE LA REINE EN NOUVELLE-
ECOSSE EN 2013 ET RENOMME JUGE-AVOCAT GENERAL EN 2014.
4.
LA CARRIERE MILITAIRE ET LES ETUDES ANTERIEURES DU MGEN
CATHCART LUI ASSURENT L EXPERIENCE DU
VASTE SPECTRE DU DROIT MILITAIRE. IL A UN BACCALAUREAT
EN ARTS DE L UNIVERSITE SAINT MARY S, UNE
MAITRISE ES ARTS DE L UNIVERSITE D OTTAWA EN LITTERATURE
ANGLAISE, ET IL EST UN FIER DIPLOME DE
L ECOLE DE DROIT DE DALHOUSIE. LE MGEN CATHCART A GRADUE
AVEC DISTINCTION DU PROGRAMME DE
MAITRISE EN DROIT INTERNATIONAL PUBLIC DE LA LONDON
SCHOOL OF ECONOMICS AND POLITICAL SCIENCE
EN 2004 OU IL S EST VU ATTRIBUE LE PRIX DE LA LSE DES
ETUDIANTS EN DROIT, LE PRIX LAUTERPACHT-HIGGINS,
LE PRIX BLACKSTONE CHAMBERS DE MEME QUE LE PRIX
DERBY-BRYCE EN DROIT. LE MGEN CATHCART EST
EGALEMENT RECIPIENDAIRE D UN DOCTORAT HONORIFIQUE EN
DROIT DE SON ALMA MATER, L UNIVERSITE SAINT
MARY S.
5.
DANS SON ROLE DE SURINTENDANT DU SYSTEME DE JUSTICE
MILITAIRE, IL EST POUR UN SYSTEME DE JUSTICE
MILITAIRE EVOLUTIF, EQUITABLE, EFFICACE ET REFLETANT LES
VALEURS CANADIENNES ET LES EXIGENCES
UNIQUES D UNE FORCE MILITAIRE OPERATIONELLE EFFICIENTE.
IL RECONNAIT QU IL EST PRIMORDIAL DE PRENDRE
SOIN DE NOS EFFECTIFS AU SEIN DE FORCES CANADIENNES.
CETTE VISION PREND LA FORME DE LA MISE EN OEUVRE
D UNE MISSION ET D UNE VISION POUR LE CABINET DU JAG,
UNE VISION QUI RECONNAIT TOUS LES MEMBRES DE
L EQUIPE DU JAG ET QUI RECALIBRE L EQUILIBRE ENTRE LE
TRAVAIL ET LA VIE DE FAMILLE, METTANT L ACCENT SUR
CETTE DERNIERE.
6.
LE MGEN CATHCART A TOUJOURS ETE TRES FIER D ETRE MEMBRE
DES FAC ET DU CABINET DU JAG. IL SE CONSIDERE
CHANCEUX D AVOIR PU TRAVAILLER AVEC DES PERSONNES PARMI
LES PLUS EXPERIMENTEES ET PROFESSIONNELLES
QUE CE PAYS AIT A OFFRIR, ET IL QUITTERA LES FAC AVEC LE
CŒUR REMPLI DE BONS SOUVENIRS. SON SEUL REGRET
EST DE N AVOIR JAMAIS PU REMPORTER LE JAG BOWL PENDANT
SES NOMBREUSES ANNEES DE COMPETITION.
HEUREUSEMENT POUR LES FAC, LA PRECISION ET LA CLARTE DE
SES CONSEILS JURIDIQUES SONT NETTEMENT SUPERIEURS
A SA CAPACITE DE PREDIRE LES RESULTATS DES MATCHES
DE FOOTBALL (CAUSE PAR SON OBSESSION DES COWBOYS
DE
DALLAS).
7.
LE MGEN CATHCART ET SA CONJOINTE VALERIE JONES
PLANIFIENT EMBRASSER LE STYLE DE VIE DE LA COTE EST A
HALIFAX, PRENANT AVANTAGE DE LA RETRAITE AVEC LA FAMILLE
ET LES AMIS (OU IL ESPERE AMELIORER SES
COMPETENCES EN PREDICTIONS DE RESULTATS DE MATCHES DE
FOOTBALL) AVANT D ENVISAGER DE NOUVEAUX DEFIS
ET OPPORTUNITES.
8.
UNE CEREMONIE DE DEPART DANS LA DIGNITE SE TIENDRA LE 26
JUIN 17 A 1400 AU MESS DES ADJUDANTS ET DES
SERGENTS A OTTAWA.
9.
TOUS LES MESSAGES DE FELICITATIONS, PHOTOGRAPHIES,
ANECDOTES, HISTOIRES DE GUERRE ET PREUVES
INCRIMINANTES SONT BIENVENUS ET PEUVENT ETRES ENVOYES AU
PM 1 SERGE LAVIGNE PAR MESSAGE OU PAR
COURRIEL A SERGE.LAVIGNE (AROBASE) FORCES.GC.CA OU AU
COL JOSHI PAR MESSAGE OU PAR COURRIEL AU VIHAR
.JOSHI (AROBASE) FORCES.GC.CA.
10. FIAT JUSTITIA.
FIN DU TEXTE
FRANCAIS/ENGLISH TEXT TO FOLLOW
1. AFTER 27
YEARS OF LOYAL AND DEDICATED SERVICE TO CANADA, THE CAF,
AND THE OFFICE OF THE JAG, MGEN BLAISE CATHCART
OMM, CD, Q.C. WILL RETIRE ON 11 SEP 17.
2. FOLLOWING
IN THE FOOTSTEPS OF HIS FATHER, CWO (RET) BLAISE
CATHCART RCR, MGEN CATHCART JOINED THE CAF ON 18 JUN
1990
(AIR FORCE UNIFORM) SHORTLY AFTER BEING CALLED TO THE
BAR OF NOVA SCOTIA IN 1989. THROUGHOUT HIS CAREER, MGEN
CATHCART SERVED IN A NUMBER OF POSITIONS WITHIN THE
OFFICE OF THE JAG, INCLUDING DEPUTY JUDGE ADVOCATE
ATLANTIC
REGION 1990-91, PACIFIC REGION 1993-96 AND PRAIRIE
REGION 1996-97. HE ALSO PRACTICED LAW IN THE DIRECTORATE
OF LAW AND
CLAIMS 1991-92, DIRECTORATE OF LAW HUMAN RIGHTS AND
INFORMATION 1992-93, OFFICE OF THE LEGAL ADVISOR TO THE
DEPARTMENT
OF NATIONAL DEFENCE AND THE CANADIAN FORCES 2006-2007,
AND DEPUTY JUDGE ADVOCATE GENERAL IN MILITARY JUSTICE
AND
ADMINISTRATIVE LAW 2008 TO 2009.
3. MGEN CATHCART IS RECOGNIZED
GLOBALLY AS A
LEADING
PRACTIONER IN THE FIELDS OF INTERNATIONAL AND
OPERATIONAL LAW, MOST NOTABLY IN THE LAW OF ARMED
CONFLICT,
AND IS HIGHLY REGARDED AND CONSULTED WORLDWIDE. MGEN
CATHCART S OPERATIONAL LAW EXPERIENCE BEGAN AS THE
DEPLOYED LEGAL ADVISOR TO THE COMMANDER OF THE CANADIAN
CONTINGENT, UNITED NATIONS PROTECTION FORCE, AND THE
UNITED NATIONS PEACE FORCES IN THE FORMER YUGOSLAVIA IN
1994 AND 1995. UPON HIS RETURN, HE WAS POSTED AS THE
LEGAL
ADVISOR TO JOINT TASK FORCE 2, THE CANADIAN FORCES
COUNTER-TERRORISM SPECIAL OPERATIONS UNIT FROM
1997-2000. MGEN
CATHCART RETURNED TO THE BALKANS IN 2000 AS THE SENIOR
LEGAL ADVISOR TO THE COMMANDER CANADIAN TASK FORCE
BOSNIA-
HERZEGOVINA SFOR IN 2000. HE SUBSEQUENTLY SOLIDIFIED HIS
OPERATIONAL LAW PRACTICE AT HOME WITHIN THE DIRECTORATE
OF
OPERATIONAL LAW BETWEEN 2000-2003 AND 2006. HE WAS
PROMOTED TO THE RANK OF COLONEL IN JUN 2006 AND WAS
POSTED AS THE
DEPUTY JUDGE ADVOCATE GENERAL - OPERATIONS IN 2008. THE
SAME YEAR, HE CAME TO SENSES AND CHANGED HIS DEU TO
ARMY.
MGEN CATHCART WAS PROMOTED TO THE RANK OF
BRIGADIER-GENERAL IN APR 2010, PRIOR TO HIS APPOINTMENT
AS THE JUDGE
ADVOCATE GENERAL ON 14 APR 2010. ON 29 OCT 2012, HE WAS
PROMOTED TO THE RANK OF MAJOR-GENERAL, APPOINTED QUEEN S
COUNSEL IN NOVA SCOTIA IN 2013 AND RE-APPOINTED AS THE
JUDGE ADVOCATE GENERAL IN 2014.
4. HIS
MILITARY CAREER AND FORMAL EDUCATION PROVIDED MGEN
CATHCART EXPERIENCE ACROSS THE BROAD SPECTRUM OF
MILITARY LAW. HE OBTAINED A BACHELOR OF ARTS FROM SAINT
MARY S UNIVERSITY, A MASTER OF ARTS FROM THE UNIVERSITY
OF OTTAWA IN ENGLISH LITERATURE, AND IS A PROUD
DALHOUSIE LAW SCHOOL ALUMNUS. MGEN CATHCART GRADUATED
WITH
DISTINCTION FROM THE MASTERS OF LAW PROGRAMME
PUBLIC INTERNATIONAL LAW AT THE LONDON SCHOOL OF
ECONOMICS
AND POLITICAL SCIENCE IN 2004 WHERE HE WAS AWARDED
THE LSE LAWYERS ALUMINI PRIZE, THE LAUTERPACHT-
HIGGINS PRIZE,
THE BLACKSTONE CHAMBERS PRIZE AS WELL AS THE DERBY-
BRYCE PRIZE IN LAW. MGEN CATHCART
IS ALSO THE RECEPIENT OF AN HONORARY DOCTORATE OF LAWS
FROM HIS ALMA MATER,
SAINT MARY S UNIVERSITY.
5. IN HIS ROLE
AS THE SUPERINTENDENT OF THE MILITARY JUSTICE SYSTEM, HE
HAS CHAMPIONED THE EVOLUTION OF A FAIR,
EFFICIENT AND EFFECTIVE MILITARY JUSTICE SYSTEM
REFLECTING CORE CANADIAN VALUES AND THE UNIQUE
REQUIREMENTS
OF AN OPERATIONALLY EFFECTIVE AND EFFICIENT
MILITARY FORCE. HE HAS RECOGNIZED THE OVERRIDING AND
FUNDAMENTAL
IMPORTANCE OF PEOPLE AT THE CORE OF THE STRATEGIC
SUCCESS OF THE CANADIAN FORCES. THIS IS EVIDENCED BY THE
IMPLEMENTATION OF A MISSION AND VISION FOR THE
OFFICE OF THE JAG THAT RECOGNIZES THE FUNDAMENTAL
IMPORTANCE
OF ALL MEMBERS OF THE JAG TEAM AND A RECALIBRATED
BALANCE BETWEEN WORK - LIFE WHICH PLACES AN ENHANCED
EMPHASIS ON FAMILY.
6. MGEN
CATHCART HAS ALWAYS BEEN VERY PROUD TO BE BOTH A MEMBER
OF THE CAF AND OF THE OFFICE OF THE JAG. HE
CONSIDERS HIMSELF FORTUNATE TO HAVE MET AND WORKED WITH
SOME OF THE MOST DEVOTED AND PROFESSIONAL PEOPLE
THIS COUNTRY HAS TO OFFER, AND WILL LEAVE THE CAF
WITH A WEALTH OF MEMORIES. HIS ONLY REGRET IS THAT HE
NEVER
WON THE JAG BOWL DURING THE MANY YEARS OF
COMPETITION. FORTUNATELY FOR THE CAF, THE PRECISION AND
CLARITY
OF HIS LEGAL ADVICE IS FAR BETTER THAN HIS DISMAL
ABILITY TO PREDICT FOOTBALL RESULTS (DUE TO A BLIND SPOT
BASED ON OBSESSION WITH THE DALLAS COWBOYS).
7. MGEN
CATHCART AND HIS SPOUSE VALERIE JONES ARE PLANNING TO
EMBRACE THE EAST COAST LIFESTYLE IN HALIFAX,
TAKING ADVANTAGE OF RETIREMENT TO SPEND TIME WITH
FAMILY AND FRIENDS (AND ENHANCING HIS FOOTBALL
PROGNOSTICATION SKILLS) BEFORE CONSIDERING NEW
CHALLENGES AND OPPORTUNITIES.
8. A DEPART
WITH DIGNITY FUNCTION WILL BE HELD ON 26 JUN 17 AT 1400
AT THE WOS AND SGTS MESS IN OTTAWA.
9.
CONGRATULATORY MESSAGES, PHOTOGRAPHS, ANECDOTES, WAR
STORIES AND INCRIMINATING EVIDENCE ARE WELCOME AND
MAY BE SENT TO CPO1 SERGE LAVIGNE BY MESSAGE OR BY
EMAIL AT SERGELAVIGNE (AT SIGN) FORCES.GC.CA OR TO COL
JOSHI
BY MESSAGE OR BY EMAIL AT VIHAR.JOSHI (AT SIGN)
FORCES.GC.CA.
10. FIAT JUSTITIA
Expires:
2017/07/05
Approval
Status:
Approved
English
Variation:
French
Variation:
Modified:
2017/06/12
12:24
Created:
2017/06/12
10:50
Last Modified 2017/06/12 12:24 by
Fortin Maj N@JAG COS JAG@Ottawa-Hull
___________"Force Application in Enforcement and Peace Enforcement
Operations", in Terry Gill and Dieter Fleck, eds., Handbook of the International Law of
Military Operations, Oxford/New York: Oxford University
Press, 2011, xxviii, 657 p., at pp. 115-128, ISBN13:
9780199545896; ISBN10: 0199545898; copy
at Université Laval, Bibliothèque des sciences humaines et sociales;
see also 2nd edition, 2015 as chapter 5.4, ISBN:
978-0-19-874462-7 and ebook ISBN: 978-0-19-106208-7;
___________"ILD 2010 / Panel Discussion: Civilianization of
War-Fighting... /Part 1 of 2", International Law Conference, U.S.
Naval War College, June 20-22 2010, 42:52 to 59:15; available
at https://www.youtube.com/watch?v=XyurkFqAQPQ
(accessed 9 January 2016);
___________International Law and
Persons Detained as Unlawful Enemy Combatants During the War
Against Terrorism, Public international law dissertation,
Masters of Law Programme (Public International Law), London School
of Economics and Political Science, 2004; 50 p.; Notes: Blaise
Catchart was awarded "The LSE Lawyers' Alumini Prize for the Best
Overall Performance on the LLM Degree Programme. The
Lauterpacht – Higgins Prize for the top student in Public
International Law. The Blackstone Chambers Prize for the Best
Public International Law Dissertation (the paper was entitled
"International Law and Persons Detained as Unlawful Enemy Combatants
During the War Against Terrorism")";
Late last week, Stephanie and Craig were very
pleased to invite to the podcast Blaise
Cathcart, QC,
Major-General (Retired), Judge Advocate General of the
Canadian Armed Forces (2010–2017).
This is a jam-packed discussion. If you're interested in
knowing more about how law and policy
interact in Canada's national defence space, it is not to be
missed. Among other things, Blaise
provides a thorough & fascinating overview of: the role
of the JAG; the manner in which legal
advice is organized in government; law and inter-operability
with Canada's allies; the new review
and accountability framework for the Canadian Armed Forces,
given the National Security and
Intelligence Committee of Parliamentarians and the proposed
C-59 review agency; the CSE's
proposed offensive cyber capacity and international law; and
the place of law in the use of force
(including a small debate at the end with Craig on the Syria
missile strikes discussed in Ep 32 --
please listen to that first to understand the context. This
final topic focuses on whether humanitarian
intervention has "crystallized" as customary international
law.) Thanks to Blaise
for becoming an
Intrepid Podcast alum!
Craig Forcese
Stephanie and Craig
welcome two terrific guests back to the show:
Major-General (ret) Blaise Cathcart
(Canada's former JAG) and Leah West (in her pre-law days,
an ops officer with the Canadian Armed
Forces). Today, we circle back to a topic we addressed in
Ep 11: "targeted killing". Our return to this
topic is sparked by Stewart Bell's reporting at Global on
a 2015 Canadian government memo discussing
the "the strategic issues associated with the targeting of
enemy combatants who are also Canadian
citizens in Op IMPACT, the CAF contribution to Coalition
Operation INHERENT RESOLVE efforts
against" ISIS. Stephanie and Craig begin with a typology
of how the term "targeted killing" has been
used in the literature and a description of the 2015 memo.
They then bring in the guests to discuss the
overall tactical targeting process for the CAF, its policy
origins, and how targeting packages are
determined and vetted. They focus on the concept of "armed
conflict", and the applicable law of armed
conflict (LOAC) (otherwise known as international
humanitarian law or IHL). They address: the
distinction between killing in an armed conflict and
outside an armed conflict; the meaning of armed
conflict and the thresholds for it and its geography, who
you can kill in an armed conflict and whether
there are constraints on that; how one distinguishes
between a combatant (who can be targeted) and a
non-combatant (who cannot); and the challenges of figuring
out who is directly participating in hostilities
in a hot conflict. They end with a discussion on the
extent to which the Charter of Rights and Freedoms
would apply in an armed conflict situation; and a brief
discussion of intelligence sharing and targeting.
This is our longest ever podcast, and violates our "no
longer than 45-50 minutes" standard. But there
is so much rich discussion in here with our terrific
guests that we did not have the heart to cut. Hope you
feel the same. Craig Forcese
The Canadian Armed Forces is off to Mali on a
peace-making mission. And with forest fire season in
full swing, it may be that the CAF will be called out to
assist in disaster relief sometime in the next weeks.
So, in this podcast, Stephanie and Craig invited Major
General (ret) Blaise Cathcart,
Canada’s former Judge
Advocate General, to walk us through how CAF deployments
work. We focus first on the international
dimension, examining: how the Prime Minister and Cabinet can
authorize an international deployment;
the means of civilian control over the military; the scope
of the “crown/royal prerogative” over defence,
and its broader significance; and whether international
deployment standards should be legislated. We then
pivot to domestic deployments, ranging from assistance to
law enforcement at major international
conferences such as the G7 through to public service in
respect to assisting in disaster relief. On this topic,
we examine the assortment of rules that govern how these
deployments are made and the powers and
responsibilities that the CAF has in them. When the military
turns out, there is a whole machinery that
has been kicked into motion. Listen in if you want to
understand all the moving gears.
Craig Forcese
MGen (ret) Blaise Cathcart,
Canada’s former Judge Advocate General, is back on INTREPID.
He walks through how the “military justice system” works for
the Canadian Armed Forces.
This discussion is sparked by a recent Court Martial Appeal
Court decision that casts doubt
on the workings of the courts-martial system, when it comes
to Criminal Code offences. You
can find that decision, Beaudry, here:
https://www.canlii.org/en/ca/cmac/doc/2018/2018cmac4/2018cmac4.html
Craig Forcese
In this second episode in the INTREPID “foreign
fighter” special series, Stephanie and Craig focus
on the legal issues. First, friend of the podcast, MGen
(ret) Blaise Cathcart,
Canada’s former Judge
Advocate General, returns to the podcast from Nova Scotia to
talk about the detention of Daesh
fighters (and others associated with Daesh) by the Kurdish
forces in Syria, and the application
of the “law of armed conflict” (or “international
humanitarian law”). Then Michael Nesbitt, from
the University of Calgary law school, walks us through the
various terrorism offences in the
Canadian Criminal Code and how they might apply to the
Canadians who return from Daesh.
Thanks to Blaise and Michael for coming on board!
Craig Forcese
For other perspectives of the role of the legal advisor to the
armed forces see LC Green The role of legal advisers in
the armed forces: Essays on the modern law of war,
(1985) 73-82; APV Rogers & D Stewart ‘The role of the
military legal advisor’ in TD Gill & D Fleck (eds) The
handbook of the international law of military operations
(2010) 537-564; APV Rogers ‘The military lawyer’s perspective’
in APV Rogers Law on the battlefield (2004) 239-248; R
McLaughlin ‘Giving operational legal advice: Context and
method’ 2012 50 Military Law and the Law of War Review
99; Sir D Bethlehem QC ‘The secret life of international law’
(2012) 1 Cambridge Journal of International and
Comparative Law 23; HH Koh ‘The State Department Legal
Adviser’s Office: Eight decades in peace and war’ (2012) 100 The
Georgetown Law Journal 1747; SR Tully ‘Getting it wrong
or being ignored: Ten words on advice for government lawyers’
(2009) 7 The New Zealand Yearbook of International Law
51; LA Dickinson ‘Military lawyers on the battlefield: An
empirical account of international law compliance’ (2010) 104
American Journal of International Law 1; K Anderson
‘The role of the Unites States military lawyer in projecting a
vision of the laws of war’ (2003) 4 Chicago Journal of
International Law 445; CJ Dunlap Jr ‘It ain’t no TV
show: JAGs and modern military operations’ (2003) 4 Chicago
Journal of International Law 479; Col LA Libman ‘Legal
advice in the conduct of operations in the Israel Defense
Forces’ (2011) 50 Military Law and the Law of War Review 67;
MA Newton ‘Modern military necessity: The role & relevance
of military lawyers’ (2006-2007) 12 Roger Williams
University Law Review 877. [footnote 3 at p. 277]
......
Normally, operational legal advice will address, though not be
limited to, the following:
(1) legal basis for the operation (international and
national);
(2) international law issues (for example, applicability of
treaties such as UNCLOS or the Chicago Convention on Aviation,
or customary international law);
(3) international humanitarian law or the law of armed
conflict;
(4) international human rights law;
(5) use of force/rules of engagement;
(6) targeting;
(7) detainees;
(8) use of specific weapons (for example, prohibition on the
use of anti-personnel mines, particularly in the context of
coalition or allied operations and the use of riot control
agents); and
(9) enforcement of the law (for example, investigations,
military justice anddiscipline) [p. 282]
___________"Legal Dimensions of Special Forces and Information
Operations", in Terry Gill and Dieter Fleck, eds., Handbook of the International Law of
Military Operations, Oxford/New York: Oxford University
Press, 2011, xxviii, 657 p., at pp. 395-414, ISBN13:
9780199545896; ISBN10: 0199545898; copy
at Université Laval, Bibliothèque des sciences humaines et sociales;
see also 2nd edition, 2015 as chapter 22, ISBN:
978-0-19-874462-7 and ebook ISBN: 978-0-19-106208-7;
__________"Many
thanks to outgoing JAG Major General Blaise Cathcart", image
source: https://www.google.com, accessed 24 July 2017
Image
Source: Google
Image, accessed 2 December 2014
MGen Blaise Cathcart (right) at the Halifax International Security
Forum, November 2014
___________"New Challenges in Canadian Military Law", Royal Canadian
Military Institute, 17 April 2013, 40:21 minutes, available at http://www.youtube.com/watch?v=jaZbYaaiWDw
(accessed on 28 March 2013);
----
__________on MGen Blaise Cathcart , see CTV News Video, "Power Play:
Canada's Top Soldier under gun", 28 May 2014, 8 minutes and 59
seconds; about scandal of sexual assaults in the CF revealed in the
Canadian magazines MacLeans and L'actualité;
available at http://www.ctvnews.ca/ctv-news-channel/video?clipId=371176&binId=1.810401&playlistPageNum=1
(accessed on 28 May 2014); new site at http://www.ctvnews.ca/video?clipId=371176
(accessed 23 Mau 2016); includes interviews of Lawson, Drapeau and
Cathcart; note that MGen Cathcart explains why he was late in
submitting his annual reports;
___________on CATHCART, Blaise, see Bell, Stewart and Andrew
Russell, "Government should be more open about targeting of Canadian
ISIS fighters, former JAG says", Global News, 3 July 2018, available
at , accessed 14 June 2019, available at https://globalnews.ca/news/4308746/more-open-about-targeting-jag-says/,
accessed 14 June 2020;
Image
source: www.google.com, image search (accessed 17 January 2016)
___________on CATHCART, Blaise, see CLÉROUX, Richard, "An
officer and a lawyer: Canada's judge advocate has a job comparable
to that of the attorney general of a mid-sized province", (October
2010) 34(10) Canadian Lawyer
Magazine 3;
His battlefield lawyers must be
blunt. "Talking to commanders, we say: 'This is the
law on that.
Got it?' And commanders, not the JAG, make the
decision," says Cathcart. Commanders can take
legal advice or leave it. Just like the boss in a
corporate boardroom. And if things go wrong, or
there's
comeback, the commander takes the rap, not the JAG lawyer.
About 80 percent of the JAG's work is giving
advice to officers. Another 10 percent is
administrative
law, and the rest is court martial, and military
discipline. The operational law is the exciting
part. "Eight
legal advisers in Afghanistan right now -- seven for us, one
for the Afghans," says Cathcart. "Rule of law
projects for them, use of force issues for us. We have
targeting issues," he says, "and sometimes civilians
are killed accidentaly."
Not exactly moot court.
--------
Description: Cleroux discusses the
work of a judge advocate general. Young Blaise Cathcart
was
expected to follow in the proud Cape Breton military
tradition of his father whose name he shares as
the family moved across the country on military bases. He
did follow his father, but he did it as a
lawyer, rising through military ranks on his legal skills.
Today he is Brig.-Gen. Blaise Cathcart,
judge advocate general of the CanadianForces. From his corner
office at National Defence
headquarters, Cathcart has a commanding view of the city
below He talks fast and clipped, and
has a sharp sense of humor. His answers are blunt. No time
for courtroom niceties around here.
Cathcart practices law on
behalf of a country caught up in the longest war in its
history. One
minute he's on the phone with legal advice for the
minister of National Defense, and the next
he's on the line with the chief of the defense staff. And
then another legal crisis in Afghanistan
or another general in trouble. Judge Advocate General
office lawyers are everywhere: Afghanistan,
Bosnia, Congo, Sudan, Haiti, on bases all across Canada;
there are Canadian military everywhere.
Consider the JAG a legal system that stretches around the
world. It has 158 full-time military lawyers,
53 reservist lawyers, four military judges, and lawyers on
contract as needed. Cathcart's job is
comparable to that of an attorney general in a mid-sized
province, except that he has to administer
two completely separate justice systems --military and
civilian -- and they often overlap around the
globe. (source: http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page &pag=nxt&pageNumberComingFrom=12&frbg=&indx=111&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)=%22Canadian% 20Forces%22%20law&dstmp=1471522512746,
accessed 18 August 2016);
___________on CATHCART, Blaise, see COVERT, Kim, "Standing
on guard for Canada's military", Sword and Scale,
December 2013– CBA National Military Law Section Newsletter;
available at http://www.cba.org/CBA/sections_military/newsletters2013/PrintHTML.aspx?DocId=53733
, accessed on 7 April 2014; about Maj.-Gen. Blaise Cathcart; "This
article was originally published in the Spring edition of CCCA
Magazine";
___________Testimony of MGen Blaise Cathcart, the Judge Advocate
General, Canadian Forces, on Bill C-15,An Act to amend the
National Defence Act and to make consequential amendments to
other Acts -- this Bill has the
Short Title:Strengthening Military Justice in the Defence of Canada Act:
-
before the House of Commons Standing Committee on National
Defence, meeting number 63, 4 February 2013, minutes
and evidence;
But again it's that
point: discipline. That's what separates the
military justice system from the civilian system.
It's discipline that requires the troops to pay
attention so that when they are in times of crisis,
in firefights in
the middle of Afghanistan, they are going to respond
to orders without questioning them. It's that habit
of
obedience that discipline really goes to form.
[source: www.ourcommons.ca/DocumentViewer/en/41-1/NDDN/meeting-63/evidence]
__________Testimony of MGen Blaise Cathcart, Judge Advocate
General, Canadian Forces, on Bill C-16, An Act to
amend the National Defence Act (military judges), before the
Standing Senate Committee on Legal and Constitutional Affairs, issue
number 6, 23 November 2011, minutes
and evidence;
Thank you for that question. I was
confused about the question and the response. If you're
talking about the annual reports that I'm responsible for
as Judge Advocate General, they are not with the minister.
Those are my reports. They are still being worked on.
They're close to completion. I take full responsibility
for not meeting the timeline as set out to do so on an
annual basis. I can go into great detail as to the reasons
why. The short answer is that there were many other equal
military justice priorities, not the least of which you're
familiar with, Mr. Harris, dealing with legislation such
as Bill C-15.
Image
source: CBC News
MGen Blaise Cathcart being interviewed outside the Standing
Committee of National Defence, 27 May 2014;
in the background on the right, Colonel Robert D. Delaney, Canadian
Forces Provost Marshal
____________Testimony/interview of MGen Blaise Cathcart outside the
House of Commons Standing Committee of National Defence, Ottawa, 27
April 2014 on the lateness of submitting his annual report;
see the 2nd video in the following article: CUDMORE, James,
"Canadian Forces brace for report on sexual misconduct in the
ranks", CBC News -- Politics, 28 April 2015, available at http://www.cbc.ca/news/politics/canadian-forces-brace-for-report-on-sexual-misconduct-in-the-ranks-1.3052154
(accessed 25 December 2015); see also the comments of journalist
Annah Thibodeau in the video;
[MGen Cathcart]
..because we are fully aware of what we were doing and again
it was a choice of a number of competiting priorities,
particularly
in the military justice system. As superintendent, I
am charged with the resources that I have to make sure that
we deal with those
ones first. Note only the government but Parliament
itself made those priorities [at 3.01 to 3.18/4:05]
[Research Note: in the same video, CBC Annah
Thibodeau made the following comments on the above statement
of MGen Cathcart:]
Annah Thibodeau
"So he [BGen Cathcart] says they are competiting
priorities, however, they are not following their own
rules because under the National Defence Act, those have to be tabled on a
yearly basis."
Photo
from The Globe and Mail, 7 October 1983 at p. 1
CATTANACH, Alexander (Alex) A., 1909-1997, was the
Jugde-advocate for the 1946 war crimes courts martial for war crimes
against RCAF members; on Cattanach, consult:
- From the Royal Heraldry Society of Canada:
The Hon. Angus A. Cattanach was born in Winnipeg
26 July 1909, died 18 July 1997. He earned his B.A.
from the University of Manitoba in 1929, his LL.B.
from the University of Saskatchewan in 1932 and was
called to the Bar of Saskatchewan in 1934.
He was appointed Queen's Counsel 1952, and also served in
WWII between 1940-1945 with RCAF with the rank
of Wing Commander. He later became an Assistant under the
Secretary of State, Department of Secretary of State
1961-62. He was appointed a judge of the Exchequer Court
of Canada 1962 and translated to the Federal Court of
Canada upon its creation in 1971. Cattanach retired from
office in 1984.
[source: http://www.heraldry.ca/content/bios/bio_cattanach.htm,
accessed 2 September 2018
- McDONALD, R. Arthur, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002 at p.
66, available at pp. i-xii
and 1-102;
In another case, this time in Regina, he [judge
Cattanach] asked counsel if they knew the exact height of
the McCallum
Building in Regina. Counsel were, understandably,
not sure. "I know", announced Cattanach, "and do you
know why
I know?" Counsel did not. "Because," he said,
"I was court martialled for flying it too low.
- Strauss, Marina, "Charter of Rights casts new role for
federal judges", The Globe and Mail, 7 October 1983,
at pages 1 and 5;
\
....
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 4 November 2018 ProQuest Historical Newspapers]
The medical officer behind the warnings of soldiers'
toxic exposure in Croatia is alleging a set-up caused his
1995 court martial.
Dr. Eric Smith, who now lives in Elmsdale, Nova Scotia,
says the controversy over the peacekeepers' health rattled
Canada's military so badly, it struck back at him.
He was court martialled in the fall of 1995.
"I just felt like I was targeted and there was no way I
could defend myself," he said in an interview with CBC
News.
Smith was the military doctor who insisted the red dirt
used by Canadian peacekeepers in 1993 to fill sandbags in
Croatia was toxic. The military is investigating now,
but at the time it rejected the warning.
Smith's letter detailing the risk to soldiers' health was
removed from the soldiers' files.
Smith was transferred to CFB Goose Bay. In September,
1995, a military police officer came to see Smith, looking
for stress-related sick leave. Smith says he granted it
out of compassion. Later he bought the man's canoe
for $300.
The officer tells a different story. He says Smith asked
for - and received - the canoe in exchange for sick-leave
approval.
The family of a soldier who died of a drug
overdose hopes this week's fatality inquiry in Edmonton will
prevent future deaths.
....
By midday Tuesday, the family were huddled around a table
in a courtroom, surrounded by thick binders and a laptop.
On the other side of the courtroom, four
lawyers representing the Canadian Forces and a
first witness, took notes.
The witness, Dr. James Schimpf, who was Rogers's
physician at CFB Edmonton, took the stand.
The Canadian Armed Forces are warning
their personnel to be wary of associating with
groups on social media, including Quebec's largest and
most
prominent far-right group [La Meute].
"Being part of those movements is not something
that's a part of our values," said Col. Paul Fuller.
....
Under the Queen's Regulations and Orders personal
conduct section, members cannot be seen or heard by
members of the public doing anything that
could "reflect discredit on the Canadian Forces or on any
of its members."
Those who don't respect this fundamental rule can
face disciplinary measures, ranging from a first warning
to expulsion from the ranks, said Fuller.
-------- Image: ici.radio-canada.ca/nouvelle/411278/matchee-somalie,
accessed 16 November 2017
(CBC)
Matchee, right, with his victim Shidane
Arone
Charges of murder and torture have been withdrawn against
the former Canadian soldier accused 15 years ago of
mistreating and killing a
Somali teenager, the Department of National Defence said
Monday.
There is no possibility that Clayton Matchee, a
master corporal during Canada's peacekeeping mission in
the African country, would ever be
fit to stand trial, according to a military official.
The department also revealed that Matchee had been
released from a Saskatchewan psychiatric
hospital earlier this year.
"The decision to withdraw the charges in this case was based
on public interest considerations," Lt.-Col. Bruce
MacGregor, deputy director of
military prosecutions, told CBC News
CBC NEWS POLITICS, "Trudeau says case against suspended vice-admiral
will 'inevitably' to go court. RCMP suspect Norman leaked
cabinet secrets to a Quebec shipyard", Canadian Press, 2 February
2018, available at http://www.cbc.ca/news/politics/trudeau-norman-secrets-case-1.4516573
(accessed 3 February 2018);
For two long years, Rick Rogers has been on a
mission to get to the truth about his daughter's death. She
was a
27-year-old Lieutenant in the Canadian Armed Forces when she
took her own life. Now, Rick's search for answers
could end up changing the way the military investigates a
soldier's death. Today on The Doc Project, we hear
'A Question from the Military', by producers Gord Westmacott
and Steve Wadhams.
Vice-Admiral Lawrence Edward MURRAY
source:
www.navy-marine.forces.gc.ca/en/navy-life/history-commanders/25-murray.page,
accessed 11 July 2016
CBC-- THE NATIONAL, "Acting CDS almost cited for contempt", The National - CBC Television, 8
January 1997;
Image
source:
cbc.ca/news/canada/canadian-poisoned-by-fellow-soldiers-awarded-625-000-1.755496
Matt Stopford
CBC, The National, "The defence minister apologizes to Matt
Stopford", 1 June 2000, Canadian Broadcasting Corporation,
------ Image source:
law.utoronto.ca/faculty-staff/full-time-faculty/patrick-macklem,
accessed 20 April 2017
Robert Centa, image source: paliareroland.com/lawyers/details/robert-centa
Patrick Macklem
CENTER FOR STRATEGIC AND INTERNATIONAL STUDIES (CSIS), Cybersecurity and Cyberwarfare :
Preliminary Assessment of National Doctrine and Organization,
2011, 35 p.; available at http://www.unidir.org/pdf/ouvrages/pdf-1-92-9045-011-J-en.pdf
(accessed
on 7 July 2012);
Canada
Canada’s Cyber Security Strategy was issued in October 2010.27
The
Strategy focuses on securing both government and critical
infrastructure networks, as well as educating the Canadian public
about cyber threats. Public Safety Canada, the government agency
responsible for public safety and emergency preparedness, will
oversee the implementation of the Strategy.28 The
Strategy also addresses international engagement between the
Department of National Defence and allied militaries on
cyberdefence best practices.29 The Canadian
Security Intelligence Service lists information security threats
as one of its five priority areas.30
The Canadian army has an electronic warfare centre and a network
operation centre, both of which support military cyber
capabilities. The Canadian Forces Network Operation Centre is
under the Command of the Canadian Forces Information Operations
Group, and its mission is to “gain and maintain cyber
superiority”.31
....
------
27 Canada’s Cyber Security Strategy, Public Safety Canada, 2010.
28 “Government of Canada launches Canada’s cyber security
strategy” Public Safety Canada, 3 October 2010.
29 Canada’s Cyber Security Strategy, Public Safety Canada, 2010.
p. 29.
30 Our Priority Areas, Canadian Security Intelligence Service, 3
August 2011, <www.csis-scrs.gc.ca/prrts/indexeng.asp>.
31 “Canadian Forces Network Operations Center”, National Defence
and the Canadian Forces,
<www.img.forces.gc.ca/org/cfi-goi/cfnoc-corfc-eng.asp>. [at
p. 8]
CENTRES OF EXCELLENCE:
- Institute of International Relations,
University of British Columbia, Vancouver,BC -- at https://www.dal.ca/sites/cssd.html;
- Centre for Foreign Policy Studies, Dalhousie
University, Halifax, NS;
- Institut québécois des hautes études
internationales, Université Laval, PQ;
- Centre for International Relations, Queen’s
University, Kingston, ON;
- Centre for International and Security Studies, York
University, Toronto, ON;
- Research Group in International Security/ Groupe
d’étude et de recherche sur la sécurité internationale,
McGill University / Université de Montréal, Montréal,PQ;
- Centre for Security and Defence Studies, Carleton
University, Ottawa, ON;
- Centre for Defence and Security Studies, University
of Manitoba, Winnipeg, MB; at https://umanitoba.ca/centres/cdss/2188.html
- Laurier Centre for Military Strategic and
Disarmament Studies, Wilfrid Laurier University, Waterloo,
ON;
- Centre for Military and Strategic Studies,
University of Calgary, Calgary, AB;
- Military and Strategic Studies Program, University
of New Brunswick, Fredericton, NB;
- Centre d’études des politiques étrangères et de
securité, Université du Québec à Montréal, Montréal, PQ; at
http://www.ieim.uqam.ca/?lang=fr;
Ernest J. Chambers, image source: Google
Image--www.biographi.ca, accessed on 9 June 2014
CHAMBERS, Ernest J., 1862-1925, The Canadian militia: a history of the origin and
development of the force, Montreal : L. M. Fresco, [pref.
1907], 115 p., 31 cm.; accessed on http://www.archive.org/details/canadianmilitia00chamuoft
(accessed on 11 January 2012);
Source
of image: JAG Newsletter/Bulletin d'actualités, vol. 1,
jan-mars 2000, p. 5
Bruno Champagne (left)
with the JAG, BGen Jerry Pitzul
CHAMPAGNE, Bruno, testimony of Colonel Bruno Champagne, Deputy Judge
Advocate General/Chief of Staff., before the Standing Senate
Committee on Legal and Constitutional Affairs on Bill C-25, An
to amend the National Defence Act and to make consequential
amendments to other Acts, 36th Parl., 1 session, issue 38, 28
October 1998; see minutes
and evidence
(accessed 13 January 2016);
The Chairman: I wish to thank you very much for your
clear and concise presentation this afternoon.
Senators, our next witness is Colonel Bruno Champagne,
Deputy Judge Advocate General/Chief of Staff.
Colonel Champagne, a graduate of the University of Ottawa
law school, became a member of the Quebec
bar in 1970. He enrolled in the Canadian Forces in 1973.
During his military career, he served in various
legal officer positions in the office of the Judge Advocate
General in Winnipeg, Montreal, Ottawa and Germany.
Colonel Champagne served as a military judge from 1987 to
1991 and from 1994 to 1995. He has presided as
president or judge advocate at 114 courts martial. He was
promoted to his present rank in 1995.
Please proceed with your presentation, after which we will
have questions.
Colonel Bruno Champagne, Deputy Judge Advocate
General/Chief of Staff, Department of National Defence:
Thank you, Madam Chair. I have no specific opening
statement. General Pitzul and Colonel Weatherson have
appeared before you on this bill. General Pitzul, the Judge
Advocate General, has spoken and answered questions
in respect of the appointment of military judges. This bill
is attempting to bring the National Defence Act into
compliance with several cases.
I understand that one of the reasons I was asked to come
here today is that there are concerns about what it is
like to be a military judge and whether I have encountered
any pressure from the executive during my tenure as a judge.
I was originally appointed for one term, completed that
term, and returned to another military position. I wish to
elaborate on the question of "term" with regard to why the
bill was drafted in the way it was.
As in my case, if military judges are appointed early in
their careers, for instance, at approximately age 40, and if
they
are appointed until retirement age, they are barred from a
full military career with the possibility of advancement,
because
they cannot be promoted without leaving the bench.
In my case, if I had not come out of the "term" at the
time that I did in 1991, I could not have been promoted to
the
position of military judge because, at that time, we only
had one position, the position of Chief Military Judge. It
has
not changed since that time. Previous legal officers
appearing before the committee have alluded to why a "term"
is
considered to be appropriate within the system.
Military judges do not sit in a particular city or in a
permanent courtroom. We sit across the country. At one point
in
time, we sat in Germany and other countries. In fact, I have
conducted trials in Egypt, Cyprus, Germany, and England.
It is physically quite demanding with respect to travel. At
times you must work away from a law library. The conditions
are difficult when courts sit, for instance, in theatres of
operation, and you write decisions or prepare addresses for
general courts martial, which is basically preparing a jury
address. As an example, in Cyprus, where the temperature
is 35 degrees, some people may want stay for 15 years. This
is one of the reasons why a term of five years is included
in
the bill.
Basically, that is the extent of my presentation on that
issue. Because other people have spoken previously, I do not
wish
to repeat what has been said. If I can be of assistance to
the committee with respect to my experience, I would be
pleased to do so.
___________Notes on Bruno Champagne, available at (accessed 24
January 2016);
Colonel Bruno Champagne completed his secondary
school and university education in Montréal and Ottawa. He
graduated
with a Bachelor of Arts (B.A.) from the Université de
Montréal. In 1966, he attended Law School at the University of
Ottawa,
graduating in May 1969 with a Bachelor of Law degree (LL.B).
He became a member of the Québec Bar in 1970 and
practiced law in Montréal until he enrolled in the Canadian
Forces. Colonel Champagne joined the Office of the Judge
Advocate General in 1973, serving initially as Deputy Judge
Advocate at Training Command Headquarters, Winnipeg.
In 1975, he served with the newly formed Air Command,
Winnipeg, until promotion to Major in 1977 and appointment
as
Deputy Judge Advocate Lahr, Germany. He served with the
Senior Legal Advisor (Europe) until his promotion to
Lieutenant-Colonel in 1981. He was Acting Assistant Judge
Advocate General during his last year in Europe
In 1981, he assumed the duties of Director Finance,
Prosecutions, Defences and Appeals at National Defence
Headquarters,
Ottawa. In 1983, while serving in that appointment, he was
qualified as a Military Judge.
In July 1985, he assumed the appointment of Assistant
Judge Advocate General Eastern Region at Mobile Command
in St-Hubert, Québec. He also taught Civil Law and Law of
Armed Conflicts courses at Collège militaire royal de
Saint-Jean.
In July 1987, as a Military Judge, he was appointed
Assistant Chief Military Judge and subsequently as Deputy
Chief Military
Judge until 1990, when he was posted for a second tour of
duty to Mobile Command Headquarters. That posting took place
during the Oka Crisis and he became the Senior Legal Advisor
on the ground during that operation. He was also responsible
for the provision of legal advice to the Commander Mobile
Command during the ongoing aid to the civil power operation.
In 1991, he assumed the duties of Deputy Director Personnel
Legal Services at National Defence Headquarters, Ottawa,
until his appointment for the second time, as a Military
Judge in May 1994 by the Minister of National Defence. With
DPLS,
he was also the Deputy Coordinating Officer for the special
voting rules.
He was promoted to his present rank on January 1995, and
assumed the appointment of the newly formed division of
Deputy Judge Advocate General/Personnel. In 1996, he was
deployed to Uganda, Africa, as Senior Legal Advisor to the
multi-national humanitarian assistance operation.
In September 1998, as part of the restructuring of Office
of the JAG, he was appointed Deputy Judge Advocate
General/Chief
of Staff responsible for the management and administration
of the Office of the JAG and the provision of legal advice
in respect
of military justice and personnel legal issues. He was also
appointed by the MND as the coordinator for the purpose of
the
elections rules applicable to members of the CF.
___________on CHAMPAGNE, Colonel Bruno (Bruno R.), see McDONALD, R.
Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at pp. 106 and
175 available at 103-242;
In todays environment, operational
commanders must consider continuously the legal aspects
of warfighting.
IO also requires a close look at the law and its
relevancy in todays technological environment.
Because it was
developed long before information operations, Laws o f
Armed Conflict (LOAC) and other international laws
regarding the conduct of military campaigns are silent
as to which information attacks are legal. We must
consider for example other related laws such as the
special protection for international civil aviation,
international
banking, International Liability for Damage Caused by
Space Objects. We must also look at the violation
of a
nation neutrality by an attack launched from a neutral
country (Hague Convention V), and PSYOP broadcasts
from the sea which may constitute unauthorized
broadcasting (UN Convention on Law of the Sea).50
Charles Dunlap argues that article 51 of
the UN charter might be interpreted for application of
the international
law against offensive IO. Specifically, he
proposes that if economic damage caused by electronic
attacks is of
sufficient scale and scope, then the coercion equates to
an armed attack justifying an article 51 response.
IO can
also be under article 41 under measures not involving
the use of armed forces.
There are a number of legal aspects that
must be reviewed under international law and national
law. We need
to identify the status of cyberwarriors, their act and
the target. For instance, the law of war forbids
attacks on civilian
targets, but dual installations (civilian/military) are
permissible as long as the law of proportionality is
met. For
example, Lt Gen Micheal C. Short, NATOs Joint Force Air
Component Commander in the Balkans, had no doubt
that Milosevic had no compunction at all about putting
internal displaced persons inside valid military targets
51.
During the Kosovo campaign, a military lawyer from
the Judge Advocate Generals office assessed the targets
in
terms of the Geneva conventions governing the laws of
war. He would look at the factors of
justifiability,
proportionality, and collateral damage.52
Captain Hanseman provides excellent
insights on the legitimacy of offensive IO. He
suggests that the basic
principles of Law of Armed Conflict (LOAC) in the
context of Hague Law, which include military necessity,
proportionality and chivalry, addresses how new weapons
should be used. He does, however, reflect on the
dilemmas faced by this type of operations. How can we
make sure the military results of our attacks are
proportionate to the casualties and destruction they
cause? How will the prohibition against perfidy (false
surrender)
apply to psychological operations, or electronic
deception? As he suggests, the ultimate question, then,
is, "When
would an IW attack constitute a use of `armed
force?". He states that, at this point, the
concepts are too new and
the technical possibilities are evolving too quickly to
definitively categorise all information warfare attacks
and
to determine whether they constitute an armed
attack. Another dilemma is the connectivity
between military
and civilian systems, which renders difficult the
separation of the systems. Currently, he submits
that IW would
allow opponents to completely ignore the presence of
military assets when contemplating an attack on the
civilian sector. Military use of civilian networks
makes them legitimate targets under the rules of LOAC.53
I would like to reiterate the proposed
Russian theorists initiative for the creation of an
information
deterrence concept, similar to the nuclear one, to
alleviate the risks among nations of attacks on C4I
systems,
the use of computer viruses, and ability to affect the
psyche of another nation through information technology.
Hanseman also supports this initiative because he also
believes that the U.S. might not necessarily maintain
its information superiority.
The political and military leadership
must understand the implications of a lack of focus with
the legal
aspects of IO. As stated by Russian military
analysts, the lack of legislation may result in a wide
range of
responses. In addition, military planners need to
assess the principle of LOAC and the acceptable level of
risk of retaliation. The legal challenges
introduced by Dunlap and Hanseman highlight the
requirements
for the Canadian judge advocate personnel to address
these issues in the most urgent manner.
CHAMPION, Christian, "Canada's most opportunistic military recruit:
ignorance is no excuse as a Fort McMurray military doctor is
convicted of desertion", Alberta Report, 09/1996,
Volume 23, Issue 42, p. 10, ISSN 0225-0519;
Image
source: twitter.com/chandlerbryce?lang=en, accessed 29 June 2018
Bryce Chandler
CHANDLER, Bryce Alexander, member of the Law
Society of Ontario and member of the OJAG (reserves); (information
gathered 29 June 2018);
There's a new head of Human Resources at the Windsor
Police Service.
Bryce Chandler comes from the University of Windsor where
he worked in HR.
He's also a member of the Canadian Forces Reserve where
he's a Lieutenant Commander
in the Judge Advocate General's office.
Chandler is also the first lawyer hired to the Windsor
Police service and he'll have a dual
role as a result.
___________on CHANDLER, Bryce Alexander, Lieutenant (Navy) was
Assistant Judge Advocate General Central (Toronto), Co-counsel for
Corporal B.D. Cartwright in the case of Cartwright B.D. (Corporal),
R. v., 2014 CM 2015 (CanLII), <http://canlii.ca/t/gf64k>,
(accessed 8 April 2020);
CHANDLER, William Botsford, Report -- Commission to
investigate the treatment of soldiers' dependents on the S.S.
Scandinavian who arrived at Port of St. John on Jan. 10, 1919
, S.l. : s.n., 1920, [36] p. ; 28 cm..; research note: on
military spouses, military dependents etc.; Series: Canadian federal Royal Commission
reports ; 238; on microform, copy at University of
Ottawa, Library Annex, CA1 Z1 20C238a; available
at http://epe.lac-bac.gc.ca/100/200/301/pco-bcp/commissions-ef/chandler1920-eng/chandler1920-eng.pdf
(accessed 7 October 2016);
CHANG, Wei-Hsin, "The Construction of Canadian Military Justice and
the Inspiration of Defense Alliance", 軍法專刊 / The Military Law Journal,
2018-02-01, 64卷1期 (Vol.64, Issue 1), pp.19-42;
Description: 加拿大因擁有健全、公平、精銳的軍事司法系統而聞名。該系統已
成功密集運作至今，
特別是近十多年來軍事審判的活動頻繁，主要歸因於加拿大武裝部隊在阿富汗和全球區域的維
和部署。評斷一國治軍工具的機能性，必須要能通過軍事司法各種制度和時間的檢驗，而充分證
據顯示，加拿大軍事司法系統持續滿足加拿大武裝部隊的需求，並且恪遵加拿大憲法和人權價值，
以完善、和諧的方式不斷修正進步。不論如何，軍事司法系統的核心功能應專注在軍紀、效率和部
隊士氣的維持，以及指揮鏈在各個階段能發揮堅強有力的作用。為確保軍事司法系統的有效運行，
加拿大國防部組織置有獨立的偵查起訴、審判、辯護督導機關。對照美國軍事審判可能存在的缺
點和疑慮，加國的軍事審判幾乎更趨近普通刑事審判措施的對等平行。本文爰此深入分析，冀供
我未來軍事司法系統興革之參考。 Canada
has a sound, fair, and effective military
justice system. The system has operated successfully
throughout its existence, most recently through over a
decade of intense operational activity with
elements of the CAF deployed in Afghanistan and throughout
the world. This operational crucible
through which military
justice systems must all ultimately to be tested provides
clear evidence that
Canada's military justice
system continues to meet the needs of the CAF. Canada's Military Justice
System continues to evolve in harmony with the
requirements of the Canadian constitution and with
Canadian values generally. However, at its core, the
system remains one that is focused on contributing
to the maintenance of discipline,
efficiency, and morale of the CAF, and one that preserves
a strong
role for the chain of command at all appropriate
stages. In contrast of American courts-martial,
Canadian courts-martial are almost similar to the
ordinary criminal court's measures in parallel. This
paper, explor as the Canadian military system for our
reform reference in the future.
CHAPMAN, C.J., "CANZEX 96 Post Exchange Report: Flight Lieutenant
C.J. Chapman", (March-April 1997) 2 Office of the Judge Advocate General -- Newsletter
1-4 (article 2);
Image
source: https://twitter.com/krystelcarrier, accessed 3 June 2016
Krystel Chapman
CHAPMAN, Krystel, "The Unjustifiable Aspiration of the Canadian
Parliament to Vote on Military Missions" (January-February 2014)
74(1) RCMI The Journal of the Royal Canadian Military Institute
SITREP 3-5 and 16; available at http://www.rcmi.org/getmedia/8b119026-dbe1-4052-8329-601742e19ef2/14-1-Sitrep.aspx
(accessed 3 June 2016);
Henri Charbonneau
CHARBONNEAU, Henri, 1919-2000, travailla au cabinet du JAG comme
traducteur; fonds, P135, Centre de recherche en civilisation
canadienne-française, Université d'Ottawa;
Notes biographiques
Charbonneau, Henri. Militaire, traducteur et enseignant.
Edam (Saskatchewan), 16 décembre 1919 -
Montréal (Québec), 25 mars 2000. Fils de Louis
Charbonneau; petit-neveu de Mgr Joseph Charbonneau.
Université d'Ottawa, B.A.; B.Ph., 1938; L.Ph., 1939; M.A.
sciences sociales, 1940; Brevet
d'enseignement de première classe, 1941; Diplôme en
science politique, 1945-1948; scolarité de M.A.
langue et littérature française, 1957-1959. Diplômes de
traducteur agréé : Société des traducteurs du
Québec, 1972; Association des traducteurs et interprètes
de l'Ontario, 1980. Armée canadienne, 1943-1960.
Conseil des arts du Canada, Service des bourses,
directeur, 1960-1965. Loyola College, Evening Division,
directeur, 1965-1967. Université de Montréal : Service de
l'éducation permanente, responsable du certificat
de traduction, 1967; Faculté des lettres, adjoint au
doyen, 1968-1970. Ministère de l'Éducation du Québec,
Service des bourses de l'enseignement supérieur,
directeur, 1971-1972. Office de la langue française,
secrétaire administratif, 1972-1973.
Défense nationale du Canada, Bureau du juge-avocat
général, directeur de la section Ordonnances et règlements des
Forces canadiennes, 1973-1979. Professeur
de traduction :
Université de Montréal, 1969-1971; Université Laval,
1971-1973; Université d'Ottawa, 1975-1976. Retraite,
1979. Traducteur indépendant, 1973-1987. Source : Dossiers
administratifs CRCCF.
Source:
http://ceaac.umoncton.ca/ARCUM/Hebdo-Campus/collection/32-12.pdf,
détail, consulté 12 octobre 2018
Eric Charland
CHARLAND, Eric, avocat au Bureau de services juridiques des
pensions, district de Québec, Anciens combattants Canada et
ancien membre du JAG (juillet 2005-juin 2014) et voir une décision
récente du tribunal des anciens combattants (révision et appel) dans
laquelle Me Charland était le représentant du vétéran en appel, voir
Référence : 100002951826 (Re), 2017 CanLII 75423 (CA TACRA),
<http://canlii.ca/t/hn9d4>,
consulté le 14 Novembre 2017;
LCdr Darin Reeves, current secretary of the CBA
National Military Law Section, was recognized by
Defence Research and Development Canada, in November 2012,
with a Technical Cooperation Program
(TTCP) Achievement Award as part of the Force, Port and Area
Maritime Force Protection team
(MAR Group AG-10 team) for "excellence in the development and
use of analytical tools and models
for the evaluation and improvement of Maritime Force
Protection, Maritime Security, and Counter-Piracy
Operations against a range of asymmetric threats." LCdr Reeves
was the Legal Issues Team leader for the
Maritime Force Protection portion of the project. He oversaw
the contributions of legal advisors from
Australia, New Zealand, the United Kingdom, the United States,
and Canada. LCdr Reeves received
the award on behalf of the entire Canadian team, which also
included Major Dennis Pawlowski and LCdr Mike Madden.
___________Research Note: now Avocat-conseil at BSJP (district de
Québec) Anciens combattants Canada, since 2014, see
https://ca.linkedin.com/in/eric-charland-7792a95b (accessed 16
September 2016);
___________Testimony and video-still of CHARLAND, Éric, 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); Mr. Charland appeared as a Member,
Military Law Section (Canadian Bar Association);
___________ "Tindungan v. Canada:
Judicial assessment of the American court martial system in light of
Canadian and international norms of independence and impartiality
(Part 1 of 2)", (May 2013) Sword
and Scale; available at http://www.cba.org/CBA/sections_military/newsletters2013/tindungan.aspx
(accessed on 28 August 2013); FRANÇAIS: ___________"Tindungan c. Canada : Évaluation
judiciaire du système de cour martiale américain à la lumière des
normes canadiennes et internationales d’indépendance et
d’impartialité (Partie 1 de 2)", Salut militaire, mai 2013–
Bulletin de la Section nationale du droit militaire; disponible à http://www.cba.org/ABC/sections_military_f/newsletters2013/tindungan.aspx
(vérifié le 13 mai 2014);
My project explores war weariness in the First World
War, especially regarding the Canadian Corps.
The first section (legal, disciplinary, and medical
systems) looks at the army policies, structures,
and personnel in place to deal with morale, discipline,
endurance, motivation, and medical problems.
These structures served to 'measure' the problems facing
individual soldiers and units, and attempted
to address these issues before they became more
widespread and intractable. Policies were also
designed to mitigate emerging problems and to ensure
that sufficient troops were in the line and able
to perform their duties adequately. Unfortunately, these
systems were often insufficient to deal with
emerging problems, and thus the next section explores
how these problems played out for the Corps
in two periods: April-August 1917, and July-November
1918. These periods provide insight into the
contributing factors to the onset, development, and
negative consequences of individual and collective
war weariness, as well as mitigating factors that helped
offset it. These periods were also chosen to
highlight the comparative nature of this project,
whereby the Canadian experience was juxtaposed
with other armies on the Western Front, as well as with
Canadian forces over the course of the second
half of the war. Other armies were suffering 'wear and
tear' and indicating manifestations of incipient
breakdown, but the Canadians were able to carry on
without substantial reductions in fighting
effectiveness or large-scale indiscipline. The reasons
why the Corps was able to prevail despite the
emerging and collective war weariness will be explored
in this project.
---------
[Table of Contents for Chapter 2 and 3 of the thesis:]
___________Unwilling to Continue, Ordered to Advance: An
Examination of the Contributing Factors Toward, and Manifestations
of "War Weariness" in the Canadian Corps during the Hundred Days
Campaign of the First World War, a thesis submitted to
the faculty of Graduate Studies in partial fulfillment of the
requirement for degree of Master of Arts, Department of History,
Calgary, Alberta, September, 2013, v, ; available at http://theses.ucalgary.ca/bitstream/11023/951/2/ucalgary_2013_chase_jordan.pdf
and https://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=8244&context=etd
(accessed on 30 April 2014);
For instance, the surviving court martial records for the Canadian
Corps, important for assessments of discipline
and morale, are vast, unorganized, available only on microfilm
and beyond the scope of an MA thesis. (p. 15)
...
The traditional response of the High Command and Corps
leadership to insubordination was the administering
of a field general court martial.
Commanding officers in the field often used these courts
martial, or the threat
of them, to curb disciplinary problems such as drunkenness,
theft or acts of insubordination. In the view of the
Corps leadership, allowing such acts of insubordination or
indiscipline to continue would erode the authority
the officers and non commissioned officers had over their
subordinates. It must be understood that a precipitous
decline in morale was directly related to an increase in
disciplinary problems. This is evidenced by the fact that
after the German breakthrough in March of 1918 and the
resultant decline in morale and discipline, there was
an increase in drunkenness, looting and surrendering in the
British Expeditionary Force. (p. 87)
....
Appendix II
The Differences and Similarities between Post-Traumatic Stress
Disorder (PTSD or
shell shock) and ‘War
Weariness’ (see p. 140)
Irving Shipbuilding says e-mails by Vice-Admiral
Mark Norman that characterize the Halifax
company as “greedy and self-serving” and malign top
executives as the “four horsemen of the
apocalypse” are insulting, and show Ottawa did not seriously
consider its proposal for a
big-ticket navy ship that was awarded without competition to
Quebec’s Davie shipyard instead.
....
E-mail correspondence with Mr. Fraser suggests Vice-Adm.
Norman was critical of the four top
executives at Irving Shipbuilding. In one e-mail, the
admiral referred to them as the “four
horsemen of the apocalypse,” a derogatory reference to
malignant forces in the Bible: war,
pestilence, famine and death.
A decorated Canadian Forces
officer was hailed by a military prosecutor for his
“integrity and honour”
Wednesday even as he pleaded guilty to negligent
performance of duty.
Major Christopher Lunney, 42,
had to pause to compose himself several times as he told a
court martial
of his shock and remorse over the friendly-fire incident
in Afghanistan that took the life of Corporal Josh
Baker and wounded four others.
“I can offer no words of
regret or apology that will address their loss,” Major
Lunney said of the Baker family.
Major Lunney’s was the first
of three courts martial resulting from the February 2010
training incident at a range
northeast of Kandahar, when an explosive Claymore mine
packed with 700 steel balls raked a Canadian Forces
platoon.
The agreed statement of facts
entered with his guilty plea may hint at the defence that
will be mounted when two other
soldiers under Major Lunney’s command are tried on charges
of manslaughter in relation to Cpl. Baker’s death.
The court martial heard that
the reservists involved in the incident “had been
validated and declared operationally ready
for deployment” to Afghanistan, but that they had received
no training with the C19 explosive, also known as a
Claymore,
that killed Cpl. Baker.
The court martial also heard
that, unbeknownst to Major Lunney, the captain leading the
platoon training that day – who
has since been promoted to major – had no training or
qualifications on the C19, and had never used a Claymore
before that explosion.
Major Lunney’s negligence was in failing to ensure that
Capt. Darryl Watts was properly qualified, something the
major had assumed.
CHÉNIER, Pierre (Désiré Ernest Pierre; JDEP), 1945-2021, officier
membre du cabinet du JAG dans les années 1970; obtint le grade de
LCol; he was Dlaw/Int and also worked at DPLS; he married Andrée
Simone Allard, daughter of General Jean-Victor Allard, in Ste-Adèle
on 26 December 1970; marié en deuxième noce avec Rachel Kieffer,
1944-2019, bel esprit; il fut membre du Barreau du Québec et de la
Law Society of Ontario; a agit avec M.A. Bisal pour la Reine
dans la cause MacDonald v. The Queen, [1977] 2 S.C.R. 665, MacDonald
v. The Queen, 1976 CanLII 140 (SCC), [1977] 2 SCR 665, <http://canlii.ca/t/1mx53>;
___________sur CHÉNIER, Pierre, après avoir quitté les forces,
Pierre a été admis au Barreau de l'Ontario et a pratiqué au 355
Waverley Street, Ottawa, K2P 0W4;
Source de
l'image: http://www.cfc.forces.gc.ca/136/293-eng.html, Miloud,
visité le 28 janvier 2017
CHENNOUFI, Miloud, Hermeneutique du discours savant de la guerre,
thèse présentée à la Faculté des études supérieures en vue de
l'obtention du grade de Docteur en Science Politique --Université de
Montréal, 2008, [ix], 334 feuilles Comprend des réf.
bibliogr.disponible à http://www.collectionscanada.gc.ca/obj/thesescanada/vol2/002/NR47693.PDF
(vérifié le 28 janvier 2017);
Abstract This thesis is a hermeneutical interpretation of the
academic discourse of war accomplished through a
political philosophy perspective. It intends to
demonstrate that in the works belonging to
international relations theory, the academic discourse
of war rests on the idea that war is the ultimate
horizon of international relations. To consolidate this
idea, the academic discourse of war proceed through a
process that is characterized by a set of traits. The
first objective of this thesis is to highlight those
traits: theoricism, denial of the practice, the
legitimization by the reference to the classics, the
selective use of history, reflection based on extreme
cases and resigning thinking. A further aim of the
thesis is to show that the academic discourse of war is
not only a discourse on war, it is itself part of the
practice which assumes, in the political field, that
war represents the ultimate horizon of international
relations. To achieve these two objectives, a framework
for hermeneutical thinking has been articulated. The
concepts of realm of intelligibility, understanding
horizon and hermeneutical prejudices were forged. The
exercise focused on five fundamental authors in
international relations theory: Hans Morgenthau,
Kenneth Waltz, Robert Gilpin, John Mearsheimer and
Samuel Huntington. Some classical writers were also
studied: Thucydides, Thomas Hobbes, the Abbot of
Saint-Pierre and Jean-Jacques Rousseau. 'Keywords'.
Hermeneutics, Interpretation, International Relations,
War, Political Philosophy.
CHERTKOW, Mervin, 1929-2013, member of the OJAG, see obituary in Times
-- Colonist, Victoria, 18 June 2013;
CHERTKOW, Mervin Irwin May 8, 1929 - June 15, 2013
Merv was born in Drumheller, Alberta on May 8, 1929. He
was predeceased by his parents Israel and Leah Chertkow.
Survived by his loving wife Jean of sixty years, daughters
Soretta Sharples (Geoff), Georgia Toevs (Michael)
granddaughter
Emma Jean Toevs and son Ron, one sister and numerous
nephews, nieces and cousins. Merv was raised and educated
in
Saskatoon, graduating from the University of Saskatchewan
in 1949 with a B.A. Degree. He entered law school at
U.B.C.
in 1949 as a member of the R.C.A.F. University Reserve
Training Plan and graduated with an L.L.B in 1952. After
completing his obligation to the Air Force, and as a
commissioned officer in the Reserve, and trained in
military law he
was seconded to Germany to replace the unavailable JudgeAdvocate. He spent four months
involved in numerous
prosecutions including several District Courts Martials.
He returned to Vancouver in 1953 and continued his
association with
the RCAF Reserve as a Relief Intelligence Officer on the
weekends at the Jericho facility in Vancouver. He
subsequently
became a member of the G. Roy Long law firm in Vancouver
and in 1959 opened a branch office in Kamloops then went
on his own in general
practice with several partners over the years. Merv
practised law for 53 years restricting his practice
in 1980 as a full time arbitrator of labour/management
disputes when he joined Rudy Morelli to form Morelli
Chertkow.
Mr. Morelli became a full partner and Merv was an
Associate. His arbitration practice was widespread
throughout western
Canada and resulted in rendering over 1800 decisions.
Merv's interest in all aspects of film making culminated
in his
becoming a Governor of the National Film Board of Canada
from 1974 to 1984. He was President of the Arbitrators'
Association of B.C from 1989 to 1992. Merv was active in
both Federal and Provincial politics and was a member of
the
B.C Liberal party from 1969 to 1975 holding several
executive positions. He was campaign manager for Senator
Len
Marchand's successful return to Parliament in 1974. Merv
was also a 50 year member of the Kamloops Masonic Lodge
#10
and a long time member of the Kamloops Society for
Community Living. Merv will be remembered for his
intellect,
integrity, gentle nature, empathy, generosity of spirit
and kindness towards fellow humans and animals, especially
his beloved dogs.
[Source: ProQuest, Canadian Major Dailies,
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/,
accessed 5 November 2018]
Image source:
https://bccla.org/events/2015/04/drone-post-screening-discussion-with-carmen-cheung/,
accessed 22 August 2016
Carmen Cheung
CHEUNG, Carmen, "Accountability Now", British Columbia Civil
Liberties Association, 19 February 2015; available at https://bccla.org/page/6/?wpui-script=before%3Fwpui-script%3Dbefore
(accessed 22 August 2016);
Here is why integrated review is so important. Long-time
readers of these pages may remember that our National
Security Blog got its start covering the Afghan Public
Interest Hearings at the Military Police Complaints
Commission (MPCC). Like very many of Canada’s review
bodies, the MPCC has a narrow jurisdictional mandate; in
the same way that SIRC is only permitted to review the
activities of CSIS and the CSE Commissioner is only
permitted to review the activities of CSEC, the MPCC is
only permitted to review the activities of the Military
Police, the policing arm of the Canadian Forces.
What that meant for the Afghan Public Interest Hearings –
which were held in response to complaints brought by the
BCCLA and Amnesty International following Canadian
transfers of Afghan detainees to risk of torture – was
that the Commission could only consider the role of the
Military Police in detainee transfers. Any accountability
achieved through this procedure would be limited at best,
given that detainee transfer was an “all of government”
operation.
What do we mean by an “all of government” operation? For
example, detainee transfer policies were developed at the
Ministerial level in Ottawa. Detainees were captured by
members of the Canadian Forces. Afghan prison visits were
conducted by what was then known as the Department of
Foreign Affairs and International Trade (DFAIT). The
Military Police maintained the Canadian detention
facilities. The Correctional Service of Canada
provided expertise on prisoner handling. The Canadian
Forces commander in Afghanistan made each individual
decision to transfer. The Military Police
effected the actual transfer itself.
Post-transfer detainee tracking and monitoring was
conducted by DFAIT. (We’ve bolded the activities that
the MPCC was permitted to review.) The MPCC’s
jurisdictional limitation meant that the Commission had to
do its work with incomplete information, and that it could
not truly investigate (let alone draw any conclusions
concerning) anything beyond the Military Police’s limited
role in the affair. As you can see, this left a lot of
gaps in the accounting.
The document at issue is a five-page memo dated May 22,
2007 from the Judge Advocate General
(JAG), Brig.-Gen. Ken Watkin, and the distribution list
included then-chief of staff Gen. Rick Hillier
and Lt.-Gen. Michel Gauthier. According to the Star,
Watkin spelled out the obligations of the
military to prevent the abuse of transferred prisoners,
and to investigate allegations of abuse:
‘Military commanders who know, or are criminally
negligent in failing to know, that a
transferred detainee would be subejcted 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.
CHIEF MILITARY JUDGE/JUGE MILITAIRE EN CHEF, Court Martial
Procedures, Guide for Participants and Members of the
Public/Procédures devant la Cour martiale, guide des participants
et du public, National Defence A-LG-007-000/AG-001; available
at http://www.jmc-cmj.forces.gc.ca/assets/CMJ_Internet/docs/en/gpcm-cmpg.pdf
(accessed on 27 April 2014);
CHIPMAN, William Wainwright, 30/01/1941-05/1945, Royal Canadian
Naval Volunteer Reserve (RCNVR) Officer, Assistant Judge
Advocate General, NSHQ (Ottawa), HMCS Bytown; see http://www.unithistories.com/officers/RCNVR_officers.html#A,
accessed 4 August 2018;
___________on CHIPMAN, W.W., see McDONALD, R. Arthur, (Ronald
Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office
of the Judge Advocate General, c2002, at p. 60, available at i-xii and 1-102;
___________on CHIPMAN, W.W., see
Jean-Jacques Lefebvre and Thérèse
Cromp at Revue du Barreau, 1958 at p. 304; research note:
not consulted but should have biographical notes; studied at
McGill University; ****
Image
source:www.bdplaw.com/paul-chiswell/, accessed 3 July 2017
Paul Chiswell
CHISWELL, Paul, "JAG Deploys at the Law School", Canons of Construction, posted
on 10 January 2010; available at http://www.canonsonline.com/2010/01/jag-deploys-at-the-law-school/
(accessed on 16 January 2012); about the visit to the Faculty of
Law, University of Alberta of BGen Ken Watkin, JAG, on 17
November 2009;
Image source:
, accessed 14 September 2016
Victor Choi
CHOI, Victor, "Why Trudeau Should Commit To Passing This Victims'
Rights Bill", The Huff Post Politics -- The Blog, 11/10/2015,
available at http://www.huffingtonpost.ca/victor-choi/victims-rights-in-the-military-justice-system-act_b_8510938.html
(accessed 14 September 2016); "Victor Choi is a
Principal at Choice Strategy. Former advisor to Canada's Defence
Minister";
------- Photo
source: TAYLOR, Scott, 1960- and Brian Nolan, Tested mettle :
Canada's peacekeepers at war, 1998 at p. 144.
Image source:
www.google.ca
Jean Chétien, Bosnia, 1994 with his helmet backwards
the Somalia Inquiry had simply taken on a
lucrative life of its own and developed into a nasty
intra-departmental fight.
So when it became obvious that the inquiry was having a
negative effect on the morale of the troops and leading
nowhere,
I closed it down. (p. 186)
[I am citing an extract from the book taken from HORN,
Bernd, and Bill Bentley, Forced to Change : crisis and
reform in
the Canadian Armed Forces / Colonel Bernd Horn
and Dr. Bill Bentley; foreword by Romeo Dallaire,
Toronto Dundurn Press,
2015, 167 p., at pp. 51 and 144, note5].
FREDERIC WESLEY CHRISTIE 1908 - 2007 Frederic
Wesley Christie passed away on August 12, 2007 at the Tuxedo
Villa Nursing Home.
He was born in Winnipeg on May 30, 1908 and was looking
forward to a 100th birthday celebration. He was predeceased
by his wife Marjorie
in October 2001 and by his parents Augustus J. Christie and
Ella J. Christie (nee Crooks). He was also predeceased by
his sister Dorothy,
brothers Donald and Ray and their spouses. Fred is survived
by his children John Christie (Joyce), James Christie
(Glenna) and Elizabeth
Christie; by his grandchildren Heather and Lynne Christie;
and his great-grandsons Brendan and Carson Domoney. He is
also survived by
several nephews, nieces and their families. Fred earned his
BA degree in 1928 and his LLB in 1932. He was called to the
Bar in October 1932.
He joined the Toronto General Trust Company in 1936. He
acted as a mortgage officer for a short period and then as a
trust officer, retiring in
1973 as a manager of the Trust Department. He immediately
joined Pitblado and Hoskin and worked on a part time basis
until finally retiring
in 1984. During the Second World War, on leave from the
Toronto General Trust, he served all three battalions of the
Royal Winnipeg Rifles
(Canada and Britain), at National Defense Headquarters in
Ottawa and as prosecutor Courts Martial in the Judge
Advocate General Branch
for Military District No. 10. ...
____________Captain Christie, F.W. was the prosecutor in the general
court martial referred to in the article: "Evidence Ended At Harvey
Trial By Court-Martial", The Globe and Mail, 29 March 1946,
at p. 10:
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ProQuest Historical Newspapers:
Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca...,
The Globe and Mail, accessed 25 November 2018
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___________on CHRISTIE, Frederic Wesley, read about the "A.J.
Christie Prizes in Law for Advocacy"at University of Manitoba, see
Board of Governors, University of Manitoba, 22 June 2016, available
at https://umanitoba.ca/admin/governance/media/2016_06_22_BOG_Open_Agenda.pdf
(accessed 10 April 2020);
Pressing (and holding) the Ctrl
key and scrolling the wheel
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being viewed
___________on CHRISTIE, Frederic Wesley, see his photo in The
Winnipeg Tribune, 5 March 1946 at p. 5, available at
https://www.newspapers.com/image/...., accessed 25 June 2020;
CHRONOPOULOS, Capt., legal officer, member of the OJAG, reserve
force;
---
Donald A. Neill, CD, OMMM, Ph.D., source ca.linkedin.com/in/donald-a-neill-cd-ommm-ph-d-b658314b
(accessed 26 July 2017)
CHUKA, Neil, Donald A. Neill, A Research and Analysis Framework
for a Strategic-Level Lessons Learned Process, Defence R &
D Canada, Centre for Operational Research and Analysis, DRDC CORA TM
2011-210, December 2011, 74 p. (Sponsor: Canadian
ForcesWarfare Centre); note: TC= Technical Memorandum, available
at http://cradpdf.drdc-rddc.gc.ca/PDFS/unc161/p535955_A1b.pdf
(accessed 26 July 2017); see chapter 4 "The challenge of strategic
learning".
CHUKA, Neil (Neil Steve), 1973-, biographical note on Mr. Chuka,
taken from 7th International Lessons Learned Conference for
Practitioners and Policy Makers Sharing Lessons on the Conduct and
Design of Stability Operations, November 30-December 2, 2011,
National Defense University, Center for Complex Operations,
Institute for National Strategic Studies, at p. 24, available
at https://www.scribd.com/document/75149341/7th-International-Lessons-Learned-Conference-Program
(accessed 26 July 2017);
Neil
Chuka is a Strategic Analyst with Defence Research and
Development Canada’s Centre for Operational Research and
Analysis (DRDC
CORA) in Ottawa. His primary work has involved the
provision of research in support of land operations,
counterinsurgency, and information
operations
doctrine development and revision at both the Army and
Joint levels. Secondary streams
of research have beenin
support of Joint level force development.
Most recently his research has focused on supporting the
strategic level lessons learnedprocess on
behalf of the Canadian Forces Warfare Centre.
----------
John Chunn, the author,
source:
Jacqueline Boucher, image source: coxandpalmerlaw.com/en/home/lawyers/profile.aspx/jboucher
ca.linkedin.com/in/john-chunn-a2145b43,
accessed 7 December 2017
Cox & Palmer associate Jacqueline
Boucher has won the Young Lawyers Leadership
Award on
behalf of the Saint John Law Society.
In addition to her practice in the areas of family law and
estates litigation, Boucher has been a long
serving member of the Canadian Armed Forces in the Naval
Reserve. She holds the rank of Lieutenant
(Navy) with the Office of the Judge Advocate General (JAG)
and provides advice to the chain of
command in reserve units across New Brunswick.
Image
source: , accessed 2 March 2018
Evan Cinq-Mars
CINQ-MARS, Evan, Center for Civilians in Conflict, "Peacekeeping
Contributor Profile: Canada", last updated October 2017, available
at http://www.providingforpeacekeeping.org/2014/04/03/contributor-profile-canada-2/
(accessed 2 March 2018); note: "Providing for Peacekeeping" is "A
project of the International Peace Institute, the Elliott School at
George Washington University, and the Asia Pacific Centre for the
Responsibility to Protect at the University of Queensland";
Canada has not publicized any specific caveats or
restrictions in relation to its personnel contributions to
UN peace operations.
As mentioned above, Canada has endorsed the Kigali
Principles on the Protection of Civilians, which includes a
pledge not to
stipulate any caveats that may prevent its personnel from
robustly protecting civilians in peacekeeping operations.
The Minister
of Defence has reaffirmed
that protecting civilians, including by force if necessary,
will be central to any Canadian contribution
to UN peace operations.
"Civil law, military court", The Globe and Mail, 5 June
1972, at p. 6;
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CIVIL LIBERTIES ASSOCIATION OF TORONTO, Memorandum for the
members of the House of commons on democracy in wartime and
particularly on the defence of Canada and censorship regulations,
Toronto, Ont. : Trades council allied printing, 1940, 11 pages, OCLC
Number: 63039333;
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CLAIR, Norman Henry, former member of the OJAG, see Clair v. Clair,
2007 NSSC 313 (CanLII), <http://canlii.ca/t/1vgwb>;
in 1992, served with the JAG in Germany;
___________on CLAIR, Norman Henry, former member of the OJAG, see
photo with caption in Ponoka News, 11 November 2015, at p.
26, reproduced hereunder:
CLAMO (CENTER FOR LAW AND MILITARY OPERATIONS), The Judge Advocate
General’s Legal Center and School, United States Army, Virginia US),
notes on:
Established in 1988 at the
direction of the Secretary of the Army, the Center for Law
and Military Operations is a joint, interagency,
and multinational organization. Its members include
military lawyers from the Army, Navy, Marine Corps, and
Coast Guard. Lawyers from Canada, the Federal
Republic of Germany, and the United Kingdom also have been
an integral part of CLAMO.
The purpose of the Center for Law and Military Operations
is to collect, analyze, and disseminate legal lessons
learned.
This process builds an institutional memory for the Corps
to identify systemic issues and improve future legal
operations.
Collection is done primarily through interviews with legal
office personnel recently involved in overseas or domestic
military operations.
The Army’s Combat Training Centers also provide invaluable
feedback on emerging legal issues.
The Center for Law and Military Operations analyzes these
legal issues, and devises educational, training and
resource strategies for
addressing those issues. To disseminate this analysis,
CLAMO provides classroom instruction, answers queries from
the field, and
regularly updates publications and handbooks. For
example, the Domestic Operational Law Handbook is a
resource for Active Duty,
Reserve, and National Guard units assisting in operations
ranging from disaster relief to major event support. The
Rule of Law Handbook
is the premiere resource for Department of Defense
personnel engaged in Rule of Law strengthening missions
from large stability
operations to one-on-one engagement with foreign military
officers. These and other CLAMO publications help legal
practitioners identify
potential issues and disseminate best practices.
(source: http://www.loc.gov/rr/frd/Military_Law/pdf/AB_2014-2015.pdf,
accessed 22 December 2014)
Image source: rmc-e-veritas.herokuapp.com/caf-senior-staff-see-major-shuffle-importants-changements-de-personnel-a-letat-major-des-fac/,
accessed 3 July 2017
Scott Clancy
CLANCY, Scott, Lieutenant-Colonel, CD, “Rules of Engagement: An
Architecture for the Battlespace of Today” Master of Defence
Studies, Canadian Forces College. 2004; title noted at http://www.davidmlast.org/Students/Supervisions.html
(accessed 6 April 2017);
CLARK, Albert J. (John), 21 November 1922 --6 January 2015, former
JAG member:
Clark, Albert John CD, BA, BCL - Nov. 21, 1922 -
Jan. 6, 2015 - Albert John Clark passed away peacefully at
the Dr. Everett
Chalmers Hospital in Fredericton. He was a WWII veteran
having served as a signalman in the Navy. After the war, he
completed
his law degree at UNB Fredericton and then served for many
years in the Judge Advocate General Branch of the Canadian
Armed
Forces. After retiring from military service, he opened his
own law practice and provided legal advice to his clients
until he
retired in 1986. During his retirement years, he and his
wife, Frances, spent winters in Florida and summers at the
cottage on the
Kingston Peninsula.
[source: http://www.inmemoriam.ca/view-announcement-469488-albert-clark.html,
accessed 28 January 2018]
___________on Albert Clark and his son Dave, see Pritchett,
Jennifer, "The secret life of Dave Clark; War How a quiet engineer
from New Brunswick helped transform military communications - and
changed how Allied troops are fighting the war in Afghanistan", Telegraph
Journal, Saint John, N.B., 31 July 2010,
ROCHESTER, N.Y. - When Dave Clark was a curious and
slightly precocious two-year-old, he was so entranced
by the lights on a large Christmas tree that he quietly
wandered away from his parents at a party to wriggle
underneath the brightly decorated spruce.
Moments later, his parents, Albert and Frances Clark,
found the tiny tot tucked in behind the tree, fiddling with
the lights.
The year was 1951 and Albert Clark was a lawyer working
for the Canadian military's JudgeAdvocateGeneral
at National Defence Headquarters in Ottawa, where the couple
had just moved from Saint John with their young
son. The party was a Christmas get-together for the
legal officers, their wives and their children.
"It was obvious he was attracted by wires and things," his
father recalls with a chuckle more than 60 years later.
"He was fascinated with plugs and things."
The memory is both revealing and bittersweet.
Dave Clark was born in Saint John in 1949, the eldest of
two boys. He spent most of his childhood in Ottawa,
Kingston, Ont., Halifax and Fredericton. He completed both
bachelor's and master's degrees in electrical
engineering from the University of New Brunswick.
He would go on to become one of the world's foremost
experts in military network data communications.
Image source: , accessed on 10 November 2014
CLARK, Andrew, 1966-, A keen
soldier: the execution of second World War Private Harold
Pringle, Toronto: AA. Knopf, 2002, 342 p., ISBN:
067697354X; copy at Ottawa University, MRT General KE 7177
.P75 C53 2002;
"Harold Pringle was underage
when the Second World War broke out, eager to leave quiet Flinton,
Ontario, to serve by his father's side. But few
who volunteered to fight " the good fight" realized what horror
lay ahead; soon both young Harold and his father were cracking
under the strain.
His father was sent home, Harold Pringle found himself in Italy,
fighting on the bloody "Hitler Line." Shell-shocked, this broken
soldier embarked
on a tragic, final course: desertion, debauchery in the streets of
Rome, and a suspect accusation of murder. His appeal was reviewed
by the highest
levels of government, right up to Prime Minister King. But two
months after the official end of the war, Private Pringle was put
to death -- the only
soldier the Canadians had executed since the First World War. His
own countrymen carried out the orders, forbidden to go home before
completing
this last grotesque assignment. The Pringle file was closed and
stayed that way for fifty years." -- Dust jacket.
Photo of Angela Clark by Mike Mason, photographer
___________"The Afghanistan Veteran Project: Week of Remembrance: An
Account of War by Angela Clark", 9 November 2015, available at
http://mmasonphotography.com/blog/
(accessed 14 May 2016); Angela Clark is a legal officer with the
OJAG;
...there wasn't really a ton of doubt that Ottawa
would one day have to pay. That was especially true after
another Supreme Court ruling, Vancouver v. Ward, made it
clear that Canadians can claim damages when
the government violates their Charter rights, said Eugene
Meehan, a lawyer and former executive legal
officer of the Supreme Court.
....
One of the key aspects of its rulings regarding Mr. Khadr
was that he was an underage kid, so the Canadian
government couldn't just take part in interrogating him,
under duress, without access to counsel, and allow
the results to be used against him. That, the court found,
"offends the most basic Canadian standards."
....
"The failure to request his repatriation was part of the
Charter breach, and therefore part of the compensation,"
said Mr. Meehan.
The payout, in the end, is the penalty for being lax on the
rule of law.
----------------
Kathleen Clark,
see
Nino Lomjaria, see
www.researchgate.net/profile/Kathleen_Clark9/publications
/www.facebook.com/nino.lomjaria.1 (accessed 16 August 2016)
CLARK, Kathleen, Nino Lomjaria, "Limited Oversight: Legislative
Access to Intelligence Information in the United States and Canada",
(December 1, 2011). University of Washington School of Law Research
Paper No. 12-04-07. Available at SSRN: http://ssrn.com/abstract=2053455 or http://dx.doi.org/10.2139/ssrn.2053455 ;
Abstract:
In theory, legislatures can perform
critical oversight functions regarding all government
agencies, including intelligence agencies. But
governments have traditionally resisted giving
legislatures access to the information they would
need to provide effective oversight, and legislators
have largely acquiesced to the executive’s tight control
over intelligence information.
That was the situation in the United States up until the
mid-1970s, when news reports about the Central
Intelligence Agency’s illegal activities against U.S.
citizens led to the creation
of two ad hoc Congressional committees to
investigate those abuses and eventually to two permanent
committees of intelligence oversight. While the
Congressional committees do
not have access to all intelligence information,
Congressionally-created Inspectors General (IGs) in
intelligence agencies have greater access and can serve
indirectly as the eyes
and ears of Congress in those agencies.
The Canadian Parliament has not been energetic in its
oversight of the three main agencies that perform
intelligence functions. Parliamentary committees do not
have direct access to
intelligence information, and members of
Parliament have not had access to classified
information. On the other hand, Parliament did create
independent review bodies for each of these
intelligence agencies. Those review bodies have
access to classified intelligence information and have
been able to provide some oversight. The review bodies
report their findings to a
government minister, but their reports are
generally scrubbed of classified information before
being forwarded to Parliament. The oversight situation
in Canada may be changing as the
result of a recent scandal. Allegations regarding
the Canadian military’s treatment of Afghan detainees
led Parliament to create an ad hoc investigative
committee, and Parliament
ensured that this committee have access to
classified information. Canada’s experience with this ad
hoc parliamentary investigation of intelligence may lead
to a similar but permanent
approach.
----------
Canadian Forces College gates,
source:
Mary-Ellen Clark en.wikipedia.org/wiki/Canadian_Forces_College
Source:
canada.ca/en/department-national-defence/services/caf-jobs/life/gtkyf/profiles.html,
and look for year 2015 accessed 22 July 2018
CLARK, M.E. (Mary-Ellen), The
court martial of Lieutenant-Commander Dean Marsaw:
lessons on culture, leadership, and accountability for the CF,
Toronto: Canadian Forces College, 2007, viii, 106 p. (series;
Masters thesis (Canadian Forces College); JCSP/PCEMI 33-12),
available at http://wps.cfc.forces.gc.ca/papers/csc/csc33/mds/clark.pdf
(accessed on 17 July 2008); also available
at https://www.cfc.forces.gc.ca/259/290/293/286/clark.pdf
(accessed 3 September 2017);
- was the prosecutor in the Standing
Court Martial of R. v. Browlie 1988 CM 36,
Cornwallis, Nova Scotia, 7 July 1988,
source of information: MADSEN, C.M.V. (Chris
Mark Vedel), Military law and operations, Aurora
(Ontario): Canada Law Book, c2008-, vol. 3, at p. AP2:
1988-19 and 20;
-
was the assistant prosecutor the Standing Court Martial of
R. v. Merrich 1988 CM 8,
Halifax, Nova Scotia, 20 January 1988, source of
information: MADSEN, C.M.V. (Chris Mark Vedel), Military law and operations, Aurora (Ontario):
Canada Law Book, c2008-, vol.
3, at p.
AP2-1988-3; my handwritten notes spell the
Captain's name as CLARKE and not CLARKE; I assume I made a
mistake;
- was the prosecutor
at the Halifax court martial of master seaman Ryan
Buttar convicted of cruelty onboard a submarine, see
Kevin Cox, "Sailor
found guilty of
cruelty in 'joke' ", The Globe and Mail, 12 August
1988 at p. A-5;
Image
source: wagners.co/our-lawyers/Raymond-F-Wagner, accessed 24
November 2016
Raymond F. Wagner, counsel
"Class action lawsuit filed against Canadian Armed Forces in Nova
Scotia: If former armed forces member Glynis Rogers’ case proceeds
in Nova Scotia, the class could include any armed forces women who
claim similar treatment>, the star.com, 21 November 2016;
available at https://www.thestar.com/news/canada/2016/11/21/class-action-lawsuit-filed-against-canadian-armed-forces-in-nova-scotia.html
(accessed 24 November 2016);
HALIFAX — The Canadian Armed
Forces is rife with sexual misconduct and harassment of
women, according to a proposed class action lawsuit that
claims systemic gender- and sexual orientation-based
discrimination.
“Sexual misconduct and harassment
is a deep-rooted problem in Canadian military culture,”
Halifax-based lawyer Ray Wagner said Monday after filing a
statement of claim against Ottawa with the Nova Scotia
Supreme Court.
CLAXTON, Brooke, 1898-1960, Notes on military law and
discipline for Canadian soldiers, 3rd (rev.) ed., Montreal :
McGill University Contingent (148th Battalion, C.E.F.), C.O.T.C.,
1942, 58 p.; copy at Library and Archives Canada, Ottawa;
"Table of Contents [partial]:
Part I: What is Military law and where it is found...7;
II. Who is subject to military law and
what that means...11;
III. Offences...15;
IV. Arrest, Trial and
sentence...18;
V. Courts of Inquiry and
Boards...30;
VI. Aid to the Civil
Power...32;
VII. Relations with civil
law and Civil authority...35;
VIII. Discipline ...42;
Appendix...50";
___________sur le travail du ministre de la défense Brooke
Claxton pilotant un projet de loi au Parlement, on pourra lire:
D.N.C., "Le projet d'unification présenté hier au Sénat", Le
Nouvelliste, Trois-Rivières, mercredi 9 novembre 1949
aux pp. 1 et 25; disponible à http://collections.banq.qc.ca/ark:/52327/3249687,
consulté le 28 janvier 2019;
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___________speeches of Brooke Claxton, minister of National
Defence:
- on motion preceeding the first reading of Bill
No. 133, respecting National Defence, House of Commons, 21st
Parliament, 2nd Session, 18 April
1950, at pages 1681-1682: available at https://parl.canadiana.ca/view/oop.debates_HOC2102_02/649?r=0&s=1
(accessed 31 August 2020):
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CLAYTON, [Lester-H.], Captain, member of the OJAG, in 1939,
see McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's
Military Lawyers, Ottawa : Office of the Judge Advocate
General, c2002, at p. 46 available at i-xii and 1-102;
police magistrate in Ottawa and an officer in the militia;
___________sur CLAYTON, Lester H., et la cause du sergent H.-J.
Wood, voir les articles suivants:
Following a complaint, Dorothea Palmer was
arrested in Eastview on 14 September
1936 for distributing birth
control materials. She was charged under section 207
(c)
of the Criminal
Code, which held a maximum prison sentence of
two years. When
arrested, Palmer told the police: “A woman should be master
of her own body. She
should be the one to say if she wants to become a mother.”
....
Rex v. Palmer
Dorothea Palmer’s trial began in Eastview on 21 October
1936. During the trial,
Palmer used her maiden name because her husband
disapproved of her work.
She chose to have a trial by magistrate rather than by
jury. Originally charged on
three counts, the trial proceeded on only one: advertising birth
control.
The purpose of the trial was to determine Palmer’s
motivation in advertising birth
control. The Crown argued that the presence of a
price list in the birth
control kits was proof of commercial motivations. The
defence’s case rested
on proving that Palmer’s actions were for the public good,
largely because one
quarter of Eastview residents at this time during the Great
Depression were on welfare
and many already had large families.
Numerous expert witnesses were called for the case and 21
of the women whom
Palmer had visited in Eastview testified, with most
of them supporting her.
Religion was a central topic of the trial, with leaders of
various faiths being
called as expert witnesses. It also raised points about eugenics,
which was
closely linked with the birth control movement at that
time, and racism,
because
Eastview was predominately French Canadian. Other topics
included sex,
medicine, morality, economics,
sociology
and psychiatry.
The trial stretched over
six months, with closing arguments occurring in February
1937.
During the trial, Palmer had to report on bail every
week. As the case was heavily
publicized, she was subject to abuse and harassment. Her
husband and his family,
many of her friends, and her church disapproved of her
work, but Palmer felt that
she had the support of most of the Eastview community.
Verdict and Trial’s
Significance
On 17 March 1937, Magistrate Lester
Clayton ruled that Dorothea Palmer had
acted
in the public good when advertising birth
control, citing the social conditions of Eastview.
Magistrate Clayton dismissed the charge against her. The
Crown filed an appeal shortly
after, but it was dismissed.
Palmer’s trial was the first test of the public good
clause on birth
control work in Canada.
Palmer was the last person to be prosecuted for
advertising birth control in Canada.
Her victory acknowledged that women had the right to birth
control, although it would be
decades before the law caught up; birth control was not
legalized until 1969. Palmer’s case
resulted in greater public acceptance of the movement and
publicized the presence of social
workers as a resource for Canadians interested in
learning more about and accessing
birth control. In June 1937, just months after the
landmark ruling, the first public discussion
about birth control occurred in the Canadian medical
community.
[Research note on this case see:
- the appeal case Rex. v. Palmer (1937) 68 C.C.C.
20 (Ontario Court of Appeal)]
- photo about the Palmer case in the Globe and Mail,
Toronto, 9 December 1936 at p. 9 and
available at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/hnpglobeandmail/
docview/1353759532/fulltextPDF/C64B7C84EFB04597PQ/1?accountid=46526
(accessed 10 April 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 Clayton, Lester, see photo hereunder that appeared
in the Globe (Globe and Mail), Toronto, 13 March
1930, at p. 13 available at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/hnpglobeandmail/docview/1354188523/fulltextPDF/C64B7C84EFB04597PQ/2?accountid=46526
(accessed 10 April 2020);
Lester Clayton, promotion University
of Toronto 1928, a Osgoode Hall Debater
___________on Clayton, Lester, see photo hereunder that appeared
in "Promoted", The Evening Citizen, Ottawa, Thursday, 9
January 1941 at p. 10; retrieved
from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2375450367?accountid=46526,
accessed 30 April 2020;
Pressing (and holding) the Ctrl
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CLÉMENT, Dominique, "The October Crisis of 1970: Human Rights
Abuses Under the War Measures Act", (Spring 2008) 42(2) Journal
of Canadian Studies -- Revue d'études canadiennes 160-186;
available at https://historyofrights.ca/wp-content/uploads/pubs/article_JCS.pdf
(accessed 18 October 2018);
Image
source: https://ca.linkedin.com, 11 January 2015
CLERIHUE, B.(Barbara), The Incorporation of Restorative
Justice in the Canadian Military Justice, [Toronto,
Ont.] : Canadian Forces College, 2013, iv, 114 p., master thesis,
Canadian Forces College, JCSP/PCEMI 39-07; JCSP/PCEMI 39 -
2012-13;
CONTENTS
Abstract – 1. Introduction – 2. Post-Charter evolution in
Canadian military law – 3. The social contract –
4. Law, justice and the social contract – 5. Crime,
deterrence and the social contract – 6. Social control
and the social contract – 7. Ethics and the social contract
– 8. Discipline and the social contract –
9. Military law and discipline – 10. Restorative justice and
the social contract – 11. Shaming and the
social contract – 12. Military restorative justice concerns
– 13. Conclusion.
SUMMARY
The absence of formalized diversion practices in the
Canadian Armed Forces is surprising, given the
justification for maintaining a military justice system
separate from civilian courts. The swift and
vigorous adjudication of offences, employing the summary
trial in particular, is viewed as the best
means of re-instilling strong unit discipline and good
morale: two key enablers of the operational
effectiveness of the Canadian Armed Forces. Two concerns
exist when using a service tribunal to
maintain discipline. First, discipline is a means of
maintaining social control within a community;
this control requires strong bonds between members and a
cultural value of following rules.
Punishment serves as a vehicle for the weakening of social
bonds or for ostracism at worst, or
merely quantifies the cost of committing an offense at best;
it also has questionable deterrent value.
Second, there is a precedent within units of the Canadian
Armed Forces for the use of diversion
processes to handle disciplinary matters when
problem-solving is deemed to be more effective for
resolution than an assessment of fault. The introduction of
a formalized restorative justice diversion
mechanism embedded within the military justice system may,
in some circumstances, better serve the
objectives of the summary trial process: to provide an
opportunity for personal reflection on the
importance of military values, and to enforce discipline. –
From the Author’s Abstract
(Source: http://ares.cfc.forces.gc.ca/rooms/portal/media-type/html/language/en/country/US/user/anon/page/Sirsi_AdvancedCatalogSearch)
CLICHE, J.H.G., lawyer, member of the JAG branch , army, circa
1948-1952; source The Canadian Army List;
CLICHE, Louis C., avocat à la retraite du Québec; année
d'inscription au Tableau de l'ordre du Barreau du Québec-- 1974;
dans un courriel en date du 11 avril 2020 à François Lareau,
monsieur Cliche a écrit:
[...] j’ai eu le plaisir de travailler au cabinet du JAG
comme étudiant et officier de
réserve au cours de l’été 1972.
Ce fut pour moi une expérience enrichissante.
J’ai de bons souvenirs du Major
Michel Crowe, du Major Brian Murphy ainsi que du Lt Col
Juste Letellier.
source of
image: npg.org.uk/collections/search/portrait/mw178845/Charles-Mathew-Clode?LinkID=mp100948&role=sit&rNo=0
Charles Mathew
Clode
accessed 12 September 2018
---------------- Image
source: JAG Newsletter, vol. 1, Jan-Feb 1998
Michael Joseph Cloney
LCol Michael J. Cloney, Camp
Gagetown,
Source of photo:
google.com,
1957
accessed 14 May 2016
CLONEY, the Honourable Mr. Justice Michael Joseph, LL.B., C.D.,
Obituary; 1912-2005; former JAG officer and military judge,
1947-1961, see https://www.ogs.on.ca/ogspi/2005/05clo001.htm
(accessed 13 December 2015); see also https://www.ogs.on.ca/ogspi/2005/05mas003.htm
(accessed 28 December 2015);
___________ Michael J. (Michael Joseph) Cloney, former
military judge with the Office of the Judge Advocate General,
biographical notes at https://www.ogs.on.ca/ogspi/2005/05clo001.htm
(accessed 27 December 2015):
the Honourable Mr. Justice Michael Joseph, LL.B., C.D.,
Retired Lieutenant Colonel (Assistant
Judge Advocate General) Retired Justice of the Ontario
Court of Justice (Criminal Division).
On Wednesday, September 14th, 2005, Michael died at
Oakville Trafalgar Memorial Hospital
in his 94th year. Beloved husband of the late Marie
Catherine McDERMOTT,
who predeceased
him in 1988; beloved father of Brian Michael CLONEY,
of Oakville, Ontario loving grandfather
of Deborah Lynn Cloney STRANG,
great-grandfather of Tyler and Cameron STRANG;
son of the
late Walter Patrick CLONEY
and Josephine Teresa GUERIN,
of Toronto, Ontario; brother of the
late Elizabeth Mary BEATON,
of Ottawa, Ontario, and Edmund Augustine CLONEY,
of Coral
Gables, Florida, and uncle of Edmund's daughter Irene WILSON,
of Middletown, Connecticut;
cousin of Catherine Cloney MITCHELL,
Stratford,▼Ontario.▼ Michael
was a 1930 graduate of
Saint Mary's Redemptorist College, Brockville, Ontario and
Osgoode Hall Law School, Toronto,
Ontario and called to the Ontario Bar in 1940.
Michael served as an infantry officer in the Canadian
Army (active) in 1942-47 in Canada, England and Italy
during the Second World War. From 1947-61
he was an officer of the Canadian Army (Regular), serving
as a Military Judge with the office of
the Judge Advocate General in Ottawa, Winnipeg, West
Germany (North Atlantic Treaty Organization)
and Oakville, Ontario. Michael retired in 1961 upon
assuming the office of Magistrate for Metropolitan
Toronto. In 1968, he became a Judge of the Ontario
Provincial Court (Criminal Division). He
occasionally substituted for other judges in Ontario
locations, but principally in the Greater Toronto
area. He retired in January, 1987. In 1961-77, he
was a Director of the Salvation Army House of
Concord, as well as the Santa Maria House in Toronto;
President of the Thomas More Lawyers Guild
of Toronto in 1972-73, when he brought His Excellency
Archbishop Fulton J. SHEEN
to Toronto to
address the Guild's Annual Dinner; Life member of the Law
Society of Upper Canada; Life member
of the Royal Canadian Military Institute; Life member of
The Ontario Judges Association. Funeral
services will be conducted at St. Andrew's Church on
Reynolds Street at King Street, in Oakville,
Ontario on September 17th at 10: 00 a.m.
Interment will take place in the Cloney Family Plot,à
Mount Hope Cemetery, Toronto, following the Mass of
Christian Burial. Friends may call at the
Ward Funeral Home on Friday September 16th from 2 p.m. to
4 p.m. and 8 p.m. to 10 p.m. Michael
request that instead of floral remembrances, donations to
the Covenant House in Toronto be made and would be
appreciated.
Image
source: (2006) 1 JAG Les
actualités -- Newsletter 15 Pressing (and holding) the Ctrl key and
scrolling the wheel
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viewed
Photo
source: The Globe and Mail, 18 October 2005 at p. S9 Pressing (and holding) the Ctrl key and
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viewed
___________on CLONEY, Lieutenant-ColonelMichael, see COOPER,
Carol, "Michael Cloney, Lawyer and Judge 1912-2005. Army
officer bound for the Italian front in 1944 instead found himself
representing a private charged with murder, the last Canadian
soldier to be executed by firing squad", Globe and Mail, 18 October 2005, at p. S9; with
the same title in (2006) 1 JAG
Les actualités -- Newsletter 14-15; available
at https://ontarioancestors.org/ogspi_pages/2005/05coo004.htm
(accessed 16 November 2017); in French, see COOPER, Carol,
"Michael Cloney, avocat et juge 1912-2005, le dernier soldat
canadien exécuté par un peleton d'exécution. Alors qu'il
était un jeune avocat militaire servant en Italie en 1944", (2006)
1 JAG Les actualit/s --
Newsletter 15-16; research note: also published in Globe
and Mail, 18 October 2005;
___________on CLONEY, see McDONALD, R. Arthur, (Ronald Arthur),
1948-, Canada's Military Lawyers, Ottawa : Office of the
Judge Advocate General, c2002, at pp. 115 and 209 available
at 103-242;
Photo par David Chan pour The
Lawyers Weekly
___________Photo de Jean-Bruno Cloutier (à droite) avec Mark
Létourneau reproduite de l'article de SCHMITZ, Cristin, "Military
defence Charter thrust parried in Supreme Court ruling: Decision
casts wide net for prosecution of Canadian Armed Forces
members", The Lawyers Weekly, 4 December 2015; available
at http://www.lawyersweekly.ca/articles/2567
(accessed 1 December 2015);
___________"The Use of section 129 of the National Defence Act
within the Canadian Military Justice System", (2004) 1 Les
actualités JAG Newsletter 17-20; executive summary in
English of the author's thesis: L'utilisation de l'article 129
de la Loi sur la défense nationale dans le système de justice
militaire canadien, LL.M thesis, Ottawa University, 2003,
128 leaves;
CLUTE, Brent, is a JAG legal officer, see
https://ca.linkedin.com/in/brent-clute-0858191b, accessed 23 July
2017; research note: it is my understanding that Mr. Clute is the
Director, Military Law Centre (information as of 4 August 2017);
___________biographical notes from
http://alumnius.net/university_of_ottawa-859-year-2017 (accessed
12 October 2017);
Education: University of Ottawa2014
– 2017
Master of Laws (LL.M.) part-time, IHL and National Security
University of Calgary
Bachelor of Arts (B.A.), Russian, Central European, East
European and Eurasian Studies
Experience: Office of the Judge Advocate GeneralJuly
2015 – Present Office of the Judge Advocate GeneralJuly
2014 – Present Joint Command and Staff ProgramAugust
2013 – June 2014 Canadian Special Operations Forces
CommandAugust 2011 –
August 2013 Department of Foreign Affairs and
International TradeJanuary
2010 – July 2011 NATO Training Mission AfghanistanMay
2009 – December 2009 Office of the Judge Advocate GeneralSeptember
1997 – April 2009
____________biographical from
https://cdp-hrc.uottawa.ca/sites/cdp-hrc.uottawa.ca/files/contributors_ihl2018.pdf
Contributors / Intervenants Summer School on International Humanitarian Law
2018/ École d’été sur le droit international humanitaire LCol Brent Clute
LCol Brent Clute was born in Winnipeg Manitoba and is a
member of the Alberta Bar.
He obtained his law degree in 1993 from the University of
Alberta and worked at a law
firm in Yellowknife, NWT for four years before joining the
Canadian Armed Forces (CAF)
in 1997. He is currently the Director of the
Canadian Forces Military Law Centre located
in Kingston Ontario.
He has been posted to Gagetown, Toronto and to several
positions in Ottawa. He has deployed
overseas to Bosnia and Herzegovina, the Arabian Gulf and
Afghanistan. In Afghanistan he
received the US Meritorious Service Medal for his work
with the Afghan National Army (ANA)
Judge Advocate General in helping him and his staff
develop the ANA standing use of force
directive that incorporated essential International
Humanitarian Law and International Human
Rights Law norms.
Upon returning from Afghanistan, in 2009 he was the first
CAF Legal Officer to participate in an
exchange with the Global Affairs Canada (GAC) Legal Bureau
where he dealt with nuclear non‐
proliferation, economic sanctions, and air and space law
including participating in treaty negotiations
in Rome as the GAC representative. His team at GAC
was awarded the Deputy Ministers’ Award
for their work on economic sanctions. He also
received the JAG Commendation for his work on
a national security file.
Following his time at GAC, he was posted in 2011 as the
senior legal advisor to Canadian
Special Operations Forces Command. After two years
he needed a break so he attended the
Canadian Forces College in Toronto for the Joint Command
and Staff Program. In 2014 he
received his Masters of Defence Studies and was awarded
the Brigadier George Bell Medal
for his paper analyzing the legal and policy basis for CAF
interdictions of narcotics and
stateless vessels on the high seas.
Because of the inherent link between naval operations and
military justice, he went from
CFC to the Office of the JAG Military Justice Division to
work on a special project addressing
specific provisions of the National Defence Act.
Following this year long project he was
posted in 2015 to Germany as Assistant Judge Advocate
General (Europe) wherein his
office provided advice to CAF members and units throughout
Europe. He also had the
opportunity to drive his car really fast and take his dog
to the office and to a lot of restaurants
___________on Clute, Brent, see photo and text:
Major Brent Clute with his award! Félicitations!
"Academic Honours and Awards June 2014 Brigadier-General
George Bell Medal
Every year, the Canadian Forces College awards the
Brigadier-General George Bell
Medal in recognition of commitment and excellence in
military writing as displayed
by a student on the Joint Command and Staff Programme.
Past Winners Year/Programme/
Winner 2014 JCSP 40 Maj Brent Clute"
COBB, Chris, "Independence hard for military police: Langridge
inquiry hears officers are often conflicted in their roles", The Ottawa Citizen,
Wednesday, 10 October 2012 at p. A3; research note: Professor
Roach testifies before the Military Police Complaints
Commission in the Langridge inquiry; the Commission should
have a transcript of these proceedings;
COBUS, Anthony Edward, Wing Commander A.E. (Tony),
1910-1964, was with the OJAG in 1952-53, see McDONALD, R.
Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at pp. 85
and 87 available at i-xii and 1-102;
probably LL.L. 1948, U.B.C.; in 1949, practiced law with Campbell,
Brazier, Fisher and McMaster in Vancouver;
__________on COBUS, Anthony Edward, see entry in Unit Historical
Report, 2 (Fighter Wing), RCAF Station Grostenquin, France, 1
January 1953 to 31 May 1953, and available at http://www.c-and-e-museum.org/grostenquin/other/gtother-175.html
(accessed 12 April 2020);
26 Mar 53
S/L A Cobus, AJAG, Air Division HQ
also reported this Unit and discussed
legal matters concerning Boards of Inquiry, submissions,
R160’s and other
allied matters connected with his Branch.
___________on COBUS, Anthony Edward, see his photo hereunder that
appeared in Totem 1948, published annually by the Students
of the University of British Columbia, Vancouver at p. 279
and available at http://www.library.ubc.ca/archives/pdfs/yearbooks/1948_totem.pdf
(accessed on 12 April 2020);
Cobus, Anthony E., Vancouver
COCHRAN, Andrew William, Esquire, deputy judge advocate general,
acting, British army staff, November 1814, 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 pages 19-20, available at https://archive.org/details/officersbrit00irvirich,
accessed 2 June 2020;
___________on COCHRAN, Andrew William, see Goldring, Philip,
"COCHRAN, ANDREW WILLIAM", Dictionary of Canadian Biography,
vol. 7, University of Toronto/Université Laval, 1988, available at
http://www.biographi.ca/en/bio/cochran_andrew_william_7E.html,
accessed 3 June 2020;
COCHRAN,
ANDREW WILLIAM, lawyer, office holder, militia
officer, politician, jp,
and judge; b.c.1793 in Windsor, N.S., son of William
Cochran* and
Rebecca Cuppaidge;
d. 11 July 1849 in Sillery, Lower Canada.
The
precocious son of an Anglican cleric, Andrew William
Cochran grew up in a family
of modest financial means but of rich intellectual
resources; his father was the first president
of King’s College, Windsor. After classical studies there
Cochran went into law, and in 1810
a report that he and Charles Rufus Fairbanks
had compiled on a sensational trial for murder
and piracy was published in Halifax by James Bagnall*. Cochran’s talents in law and
languages
brought him to the attention of Lieutenant Governor
Sir George Prevost*, who, after his
appointment as governor of Lower Canada in 1811, promised
Cochran a position in the colony.
Cochran was only 19 or 20 when he arrived at Quebec and,
in June 1812, was appointed an
assistant in the Civil Secretary’s Office. The following
April he was promoted assistant civil
secretary.
Shortly
after his arrival. Cochran was commissioned an ensign in
the militia; he was appointed deputy judge advocate on the militia
staff in July 1813 and in
November 1814 he became acting deputy judge advocate on the army
staff. Meanwhile, about April 1814, he had been named
clerk of the Prerogative Court, a position he would hold
until it was merged with the civil
secretaryship in 1827.
In loving memory of E. ROY COCHRANE, husband and father,
who passed away in Lethbridge on August 10, 2007. Roy was
born in Colchester, Nova Scotia, May 14, 1923. He
served in Canada's Air Force during World War II with the
409th Squadron.
From 1952, he served in the regular Army's Judge Advocate
General Branch and retired as Major in 1960. Roy obtained
his LLB
from Halifax's Dalhousie University in 1951 after
completing undergrad studies at Mount Allison University
in New Brunswick.
Roy met his beautiful wife June Gallon, a flight nurse
with the Royal Canadian Air Force, while they were both
stationed in Cold
Lake, AB. In 1960 Roy and June went on an adventure to
California, and settled in San Francisco until 1963. Back
in Canada,
Roy practiced law in Lacombe and Camrose, Alberta and Fort
St. John and Chetwynd, BC. He helped countless people in
their
times of difficulty, was generous, humble and always
enjoyed a good joke. He was an inspiration to all of us.
Roy will be sadly
missed by June, daughter Susie, son Rob and dog Tony.
There will be no service at the request of the family.
[https://necrocanada.com/deces/roy-cochrane/#.WeZLKXZryUk,
accessed 17 October 2017 and 12 January 2019]
___________Obituaries -- Cochrane, The Lethbridge Herald,
11 August 2007, at p. D1, available at (accessed 12 January 2019);
Pressing (and holding) the Ctrl
key and scrolling the wheel
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___________on COCHRANE, E. Roy (Edward Roy), Major, of the AJAG
office, Western Command Headquarters, Edmonton, was the prosecutor
in the General Court Martial referred to in the article: "Air
Force Officers Face Court Martial",Calgary Herald,
Saturday, 29 August 1959 at p. 17, available at , accessed 19 May
2020; the Judge Advocate was Commander H.G. Oliver, RCN of the
OJAG; Maj Cochrane was assisted by Flight Lieutenant T.R. Kelly,
also of the AJAG office, Western Command Headquarters;
Lawyers were not immune from the discrimination either.
In 1974, 17-year-old Michael Fox joined the army reserve
then served a year as a UN peacekeeper. “I suspected I was
gay, but at that age and in that time, I thought that
since
it had only recently been decriminalized and was still
contrary to military law, it was utterly immoral and I
vowed
to remain celibate,” he recalls. As he completed more of
his education and began naval officer training, Fox
realized
it would be impossible to keep this vow of celibacy even
though “my attitude then, and still is, that the best
antidote
to prejudice is to be out and quietly competent.
Unfortunately, being out was not an option back then.” He
saw the
SIU conduct anti-gay operations in Halifax, arresting and
discharging sailors. “I always awaited arrest and
expulsion
with certain humiliation, even if not disgrace,” says Fox.
Resolving to fight such polices, he went to law school.
Soon after graduating, Fox says, he basically came out to
his
commanding officer. He’d also applied for and was offered
a job in the Judge Advocate General’s office. But the
bottom fell out when he received a call that his superior
officer had told the JAG he was gay and would therefore be
investigated. “I had no real choice but to resign from the
reserve and withdraw my application.” Fox went on to have
a meaningful and lengthy career as a Crown attorney in
Hamilton, Ont., where he still works. Yet, even after all
this
time, he finds those events tremendously difficult to
discuss.
____________"Going up against the military: a civilian defence
counsel's view",Canadian
Lawyer, Feb 2001, Vol.25(2), p.. 36, ISSN: 07032129;
title noted in my research but article not consulted yet (10
August 2019);
___________ "Off on a New JAG - The tragic events that occured
during the Armed Forces mission to Somalia in March 1993 led to a
judicial inquiry and eventually wholesale changes in the system of
military justice, which hadn't had an overhaul since the
1950s. That has also meant big reforms in the Judge Advocate
General's office, where Canada's military lawyers practice in a
specialized role, but one that's now fairer, more Charter-obedient
and less fraugh with conflict than ever before", (February 2001)
25(2) Canadian Lawyer 32-36; included in those pages are
two short articles, "Portrait of a JAG Lawyer" at p. 35 and "Going
up Against the Military: A Civilian Defence Counsel's View" at p.
36; ****; the SCC library has one number PER 2001 V. 25; see web
site https://www.canadianlawyermag.com/
and to subscribe Please call 1-800-387-5164; thomson reuters; Canadian Lawyer and its
sister publications Canadian
Lawyer InHouse, Canadian
Lawyer 4Students, and Law
Times have been bought by Carswell, a Thomson Reuters
business headquartered in Toronto;
Launched in 1977, Canadian Lawyer delivers
unbiased reporting and analysis of the legal
landscape from coast to coast and across all areas of
practice. Focused on both the practice
and the profession, Canadian Lawyer
delivers award-winning editorial content that informs,
inspires and occasionally inflames the lawyers, corporate
counsel, judges, law professors,
and students-at-law who consider it a "must-read." It is
published in print and digitally
11 times a year. www.canadianlawyermag.com
Stanley Cohen
COHEN, Stanley, former Senior Counsel with the Department of
Justice Canada and secretary of the Commission of Inquiry into the
Deployment of Canadian Forces to Somalia between 1995 and 1997,
see full biographical notes at http://munkschool.utoronto.ca/gjl/profile/cohen-stanley/
(accessed 3 September 2017);
Chris Coleman, left, with Andrew Stewart, Victoria's Inner
Harbour, photo by Vince Klassen
COLEMAN, Chris, lawyer and legal officer with the OJAG at CFB
Esquimalt, on, see the article by James Grove and
photography by Vince Klassen, "Jack of All Trades and Master
Mentor", Business Class, UVIC Business Alumni
Magazine, University of Victoria, Spring 2005, at pages 14-16 and
available at https://www.uvic.ca/gustavson/assets/docs/alumni-business-class/2005%20spring.pdf
(accessed 22 April 2020);
[at p. 16]
COLEMAN, Ron, LL.B., Queen's University, former legal officer
with the OJAG, see "Ron Coleman CD, BA, LL.B Member- Canadian
Association of Workplace Investigators Licensed Ontario Private
Investigator", available at http://pfcontracts.com/about/
(accessed 22 August 2020);
My Background
With over 20 years of commercial experience in the
Ottawa aerospace and hi-tech sectors,
I bring depth of knowledge, integrity, and practical
commercial and legal skills to my
workplace investigations practice. But this was not my
first career path. Previously I
completed a career in the Canadian Forces, first serving
as a Search and Rescue Pilot
with operational tours of duty covering Western,
Northern and Atlantic Canada, and
then as a Legal Officer for personnel matters with the
Canadian Forces Judge Advocate
General (JAG). I retired from the Canadian Forces with
the rank of Major.
More recently I held the position of Corporate Counsel
at a rapidly growing Ottawa
aerospace technology firm, EMS Technologies Canada.
While at EMS, amongst other
responsibilities I was the corporate HR liaison with
outside legal counsel on matters
relating to personnel conduct, ethical compliance, and
employment law. I have an
extensive background in personnel-related workplace
investigations, including
interviewing, incident reconstruction, and evidence
collection and analysis. I apply
this practical experience, along with my legal writing
skills, to provide clients with
thorough, impartial, and legally supportable third-party
workplace investigations
covering a wide range of potential workplace misconduct.
I have a Canadian PWGSC
security clearance.
COLLENETTE, David, Minister of National Defence, see:
- BRYDEN, Joan, "[Defence Minister David Collenette says
Canada's tarnished...]", CanWest
News, Aug 1, 1996, p.1:
Description:
Defence Minister
[David Collenette] said Thursday he believes the system
needs to be changed, starting with a thorough review by a
parliamentary committee. Scott
Taylor, publisher of Esprit de Corps magazine and one of the
fiercest critics of the system,
said reform of the military's brand of justice is long overdue. He
suggested Collenette has
finally agreed to a review only because the abuse of the
system has become too evident to
ignore. What's it mean: Collenette is responding to mounting
evidence from the Somalia
scandal that the militaryjustice system is neither
independent nor impartial and is ill-equipped
to handle serious criminal cases;
- a few caricatures on Minister Collenette in connection with
the Somalia affair:
In January 1946 he began studies at the University of
Saskatchewan in Saskatoon and graduated with a law degree
in the spring of 1949.
He articled in Victoria, B.C., where he met his future
wife (Pat Joiner) and in 1950, a very exciting year for
Duke, married Pat and was also called to the bar in B.C.
Following his call to the bar, Duke and Pat moved to
Terrace, B.C. where he began practising law in his own
firm. It was in Terrace that
Duke and Pat celebrated the birth of their first child,
Kelly Stanley on June 13, 1952. The family lived in
Terrace until 1953 when Duke
accepted a position as Legal Officer for the Judge
Advocate Branch of the Canadian Armed Forces and moved by
himself to Ottawa
(Pat and Kelly remained in Terrace). In January 1954, Duke
was transferred to Europe where he served as a member of
the
Prosecuting/Defending team for the Canadian armed forces,
and on April 17, 1954 they celebrated the birth of their
second child, Darrall
William (Bill) who was also born in Terrace. In 1955 Pat
and the boys joined Duke in Germany and in October 1957
they transferred back
to Ottawa. Duke continued to serve in the Office of the
Judge Advocate General until the spring of 1958 when he
ceased to be a member
of the Military upon being appointed the Legal Advisor for
the Yukon Territory.
COLLINS, Linda, Retirement, see (Marc-April 1998) 2 JAG
Newsletter -- Bulletin d'actualités 2-3; former JAG officer
for 7 years; served in Ottawa and Germany joined Industry Canada
circa 1998;
COLLINS, Sara, military lawyer and officer with the OJAG;
____________on COLLINS, Sara: was the defending
officer in the case of deJong
D.D. (Lieutenant (N)), R. v., 2014 CM 2008 (CanLII), <http://canlii.ca/t/g7cq0>;
on this case, see this bibliography under the letter "D" and look
under "DE JONG, Derek, Lt(N)";
A sailor in the Royal Canadian Navy
says she’s fighting two battles right
now — one against breast cancer and another against
the navy — over a
disputed sick day last year.
....
Deyoung won’t discuss the details of the
case and what happened during her
time off, on the advice of her lawyer Maj. Sarah
Collins. Deyoung said she won’t
consider a settlement.
"In my mind I am completely not guilty. That's
why I chose a court martial. I
didn't want to be tried in a summary trial because
it feels that you're guilty walking in."
CBC News contacted the military for comment. They
offered no other comment than
to confirm that Deyoung’s court martial is going
ahead on Tuesday.
-
"Able Seaman Carol Anne Deyoung was charged with disobeying a
lawful command and absence without leave after she felt
a lump in her
breast and called in sick. The member of the Royal
Canadian Navy opted
for a court martial, but now says charges have been
dropped. (CBC)"
The Department of National Defence confirmed
Friday evening that all charges against Deyoung have
been dropped.
"Military prosecutors have an ongoing obligation to
assess the public interest in proceeding with
prosecutions in the military
justice system. In [Deyoung's
case], the prosecution considered a number
of factors including recent and detailed
medical
information disclosed by defence
counsel, and the views of the chain
of command, in determining that it is no
longer in the
public interest to proceed with this matter by way
of court martial. As a result, all three
charges against the accused have been
withdrawn," the office of the director of military
prosecutions wrote in an email.
___________on the courts martial cases of Deborah Miller
defended by Sara Collins:
--------------
Ian MacAlpine, image
source:
Lt.-Col. Deborah Miller
thewhig.com/author/ian-macalpine
MacALPINE, Ian, "Lt.-Col. pleads guilty to three charges",
Kingston Whig-Standard, 6 October 2014; available at http://www.thewhig.com/2014/10/06/lt-col-pleads-guilty-to-three-charges
(accessed 24 January 2017); defence counsel: Maj. Sara
Collins; prosecutor: Maj. Eric Carrier; military judge: Col.
Michael R. Gibson;
[ reasons for sentence, 7 October 2014, available
at Miller D.L. (Lieutenant-Colonel), R. v., 2014 CM
2018 (CanLII), http://canlii.ca/t/gf0q3]
[reasons for sentence, previous court martial, 22
October 2012, available at Miller D.L.
(Lieutenant-Colonel), R. v., 2012 CM 2014 (CanLII),
<http://canlii.ca/t/fw2lj>]
COLLINS, Victor B. ("Vic"), Squadron Leader, from Dunnville,
Ontario, military lawyer with No. 1 Cdn War Crimes Investigation
Unit::
- Record of Proceedings of the Trial By Canadian Military
Court of Johann Neitz held at Aurich, Germany, 15-20 March
1946; note: the prosecutorwas
Squadron Leader Pat Durdin and was
assisted by Major J. W. (John W. or "Jack") Blain; defence counsel Squadron Leader Victor B.
Collins from Dunnville, Ontario; 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);
- Record of Proceedings of the Trial By Canadian Military
Court of Wilhem Jung and Johan George Schumacher,
held at Aurich, Germany, 15-25 March 1946; available
at https://search.archives.un.org/unwcc-canadian-trials-trial-of-wilhem-jung-and-johann-george-schumacher-transcript-of-proceedings
(accessed 25 October 2018); Wing Commander
Pat Durdin was the prosecutor with S/L Beck,
J.S.H., and Capt Drynan, G.K.; S/L Collins, Victor B.,
was defence counsel for Jung and S/L Hollies, J.H., was
defence counsel for Schumacher; the Judge Advocate was Wing
Commander A.A. Cattanach;
- Death notice, The Globe and Mail, 23 October 1987,
at p. C-12;
"March 28 in a Halifax courtroom, Assistant Judge Advocate General
(Atlantic) Lieutenant-Colonel Dave Sinclair (right)
presented the Deputy Judge
Advocate Greenwood Lieutenant-Commander Clark Colwell with his new rank.
Lieutenant (Navy) Isabelle Vallee, Colwell’s spouse,attended." (The
Aurora, 14 Wing Escadre
14 Greenwood, N.S., vol. 34, No. 14, 8 April 2013, p.7; available
at www.auroranewspaper.com/pdf/2013/3414news.pdf (accessed 29 July
2016))
___________on Colwell, Clark, see "Rebuilding from inside out", The
Aurora, 14 Wing Greenwood, NS, 5 May 2014, at p. 15;
available at https://www.auroranewspaper.com/pdf/2014/3518news.pdf
(accessed 31 March 2020);
___________photo of Clark Colwell with other JAG musician :
Pierre
Comeau, image source: (2007) 1 JAG Les actualités --
Newsletter 28-31, at p. 28.
COMEAU, Pierre, "OP Crocodile, Roto 14A Democratic Republic of
Congo/République démocratique du Congo", (2007) 1 JAG Les
actualités -- Newsletter 28-31; article in French &
English/article en français et en anglais;
"The couple own the Stardust
Motel and the adjacent Stardust Sweets and
Treats shop in Pincher Creek [Alberta]".
___________on COMEAU, Pierre, see Cléroux, Richard, "THERE'S NO
LIFE LIKE IT", (March 2008) 32(3) Canadian Lawyer Magazine 3; available at http://www.canadianlawyermag.com/index.php/There-s-no-life-like-it.html
(accessed on 11 July 2008); article discusses work of three JAG
officers: Lt.-Cmdr. Gina Connor, Lt.-Cmdr.
Pierre Comeau, Navy Lieut. Brent Walden;
Pierre Comeau (image source: https://portal.clubrunner.
ca/972/PhotoAlbums/2015-pierre-comeau-canadian-jag-officer,
accessed 23 June 2017)
COMEAU, Robert, "L’opposition à la conscription au Québec",
dans Roch Legault et Jean Lamarre, sous la direction de, La
Première Guerre mondiale et le Canada : contributions
socio-militaires québécoises, Montréal: Méridien,
1999, aux pp. 91-109;
"Command and Control of CF Military Police Services -- Extracts
from the Approved CONOPS and MIP", (June 2011) 17(1) The Thunderbird Journal 9-11
and 20; available at http://www.thepointsman.ca/2011_No._1_Thunderbird_Journal.pdf
(accessed on 24 July 2011); note: "official
Security Branch magazine from 1982 until 1998";
___________on COMMERFORD, J.A., Major, was defence counsel in the
Standing Court Martial S.N. Kapko 1972 CM, Lahr, Federal
Republic of Germany, 13 June 1972, source of information:
MADSEN, C.M.V. (Chris Mark Vedel), Military
law and operations, Aurora (Ontario): Canada
Law Book, c2008-, vol. 3, at p.
AP2-126;
___________
on COMMERFORD, Jack, "75 years later, legacy of Canada's
role in D-Day landing still lingers", National Post (on line),
Toronto: Postmedia Network Inc., 2 June 2019,
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview/...,
accessed 22 August 2019;
OTTAWA - When he jumped out of his landing craft into
knee-deep water off the coast of Normandy on June 6, 1944,
Jack Commerford
wasn't contemplating the role he was about to play in what
would become one of the most pivotal
events in history.
The 20-year-old from Newfoundland and Labrador, who had
joined the army three years earlier to shoot down
German bombers, was too busy doing his job - and trying to
stay alive - during the long-awaited Allied assault
to free Europe from the Nazis.
"I was just thinking of my duties at the moment," recalls
Commerford, now 95.
"Go where I was sent and do what
I was told, that was primarily what I was interested in.
I'm not sure how much I thought of the overall war."
....
Sitting at the Perley and Rideau Veterans' Health Centre
in Ottawa, with his military medals pinned proudly to his
chest, Commerford
echoes that assessment.
"It shaped Canada into being a wonderful, peace-loving
country," he says.
"I see Canada and its leaders as continually doing things
that will encourage or help maintain peace, not only
in Canada but also elsewhere. And I think D-Day and the
Second World War contributed to that strong desire
for peace."
It is with heavy
hearts we announce the passing of Retired Major John
(Jack) Albert Commerford
on Sunday, February 5, 2023, at the age of 98. Jack will
be forever reunited with his wife of 73 years,
Marian Conrad. Predeceased by his sister Ruth Commerford
and survived by his brother David
(Jean Joudrey) Commerford. The cherished father of Janet
(Rock) St. Laurent, Joan Commerford,
John (Liane Spurrell) Commerford, Jim (Donna) Commerford
and Lynn (Greg) Goble and his
Ethiopian sponsored son Radae (Esmira) Abraham.
... Jack was born in Halifax,
Nova Scotia, and spent his early years in Newfoundland.
Returning from
Newfoundland, he enlisted as a Boy Soldier with the Royal
Canadian Artillery, 2nd HAA Regiment,
from Charlottetown. Serving 4 and a half years in WWII,
his Royal Canadian Regiment was on the
coast of England until landing on Juno Beach. Advancing
through France, Belgium, the Netherlands,
he ended the war in Northern Germany with the Armistice.
Following the war, he received his law
degree from Dalhousie University and reenlisted for Korea.
He was a lieutenant with the Royal
Canadian Regiment 3rd Battalion before joining the office
of Judge Advocate General (JAG). He
served with JAG in Ottawa, Kingston, Germany, Gaza Strip
and Cyprus. After retiring from the
Armed Forces, he was a Pension Advocate with Veterans
Affairs in Ottawa and
Kingston. Married
to Marian on February 12, 1948, he was an amazing husband
and role model to many. He lived a
life of strong faith, always mindful of the blessings he
had received. Spending quality time at his
cottage for over 60 years, with family and friends, was a
true blessing for him. He never lost his
sense of humour, love of life and laughter. Always in good
health, water skiing until age 88 and
sky-diving at age 94 were just a couple of highlights. He
will be greatly missed, more than words
can express.
After decommissioning, Jack took advantage of the education benefits
offered to Veterans. He enrolled
in law at Dalhousie University
and soon met a bookkeeper named Marian Frances Conrad.
....
Jack
thrived in his career as a lawyer with the
Office of the
Judge Advocate
General, often defending
soldiers at courts
martial. Inspired by his experiences
as a young soldier, he quickly developed a superb reputation. He served on
bases in Ottawa, Kingston and
Germany, as well as
at headquarters.
Source de
l'image: http://www.hei.ulaval.ca/, vérifié 20 janvier 2015
Commission d'enquête sur la Somalie, Le maintien de la paix, bulletin numéro 22,
Québec, Institut québécois des hautes études internationales,
avril 1996, voir http://www.ulaval.ca/iqhei/etudes_strat2.html;
COMMISSION ON GOVERNANCE OF THE ROYAL MILITARY COLLEGE OF CANADA
(set up by the Canadian Association of University Teachers, CAUT)
and composed of the following commissionners: Dr. Elinor Sloan,
Dr. Robin Boadway, LCol (Retired) Steve Nash, Report of the
Commission on Governance of the Royal Military College of Canada,
April 2013, 20 p., ; available at http://cmcfa-apcmc.ca/dox/caut-rmc-commission-report.pdf
(accessed 28 March 2017);
COMMISSIONERS APPOINTED TO REPORT A PLAN FOR THE BETTER
ORGANIZATION OF THE DEPARTMENT OF ADJUDANT GENERAL OF MILITIA AND
THE BEST MEANS OF REORGANIZING THE MILITIA OF THIS PROVINCE,
DERBISHIRE & DESBARATS,: Report of the Commissioners
Appointed to Report a Plan for the Better Organization
of the Department of Adjutant General of Militia and the
Best Means of Reorganizing the Militia of this Province,
and to Prepare a Bill Thereon, Quebec : S. Derbishire
and G. Desbarats, 1862, 22 p. ; 24 cm, available at https://archive.org/details/reportofcomm00cana
(accessed 7 July 2017);.
CONFÉRENCE SUR L'ÉTHIQUE DANS LA DÉFENSE CANADIENNE, Les multiples faces éthiques de
la défense : actes de la Conférence sur l'éthique dans la
défense canadienne, Ottawa, les 24 et 25 octobre 1996 /
présentée par le Programme d'éthique de la défense, Chef -
Services d'examen, Quartier général de la Défense nationale =
[The many faces of ethics in defence : proceedings of the
Conference on Ethics in Canadian Defence, Ottawa, 24-25
October 1996 / sponsored by the Defence Ethics Program, Chief
Review Services, National Defence Headquarters], [Ottawa]:
le programme, cop., 1996, iv, 120, 111, iv p., 28 cm.; available
at http://www.forces.gc.ca/assets/FORCES_Internet/docs/en/about-reports-pubs-ethics/conf1996-eng.pdf
(accessed 3 June 2016);
CONN, Captain H.A.L. (Howard A. Lorne), member of the OJAG, circa
1918, see McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's
Military Lawyers, Ottawa : Office of the Judge Advocate
General, c2002, at p. 31, available at i-xii and 1-102;
__________on CONN, H.A.L., see "H.A. Conn. Once With
Pensions, Dies Here", The Ottawa Citizen, 15 December 1959
at p. 20; retrieved from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2338513812?accountid=46526,
accessed 2 May 2020;
------
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__________on CONN, H.A.L., see "Pensions Com. Counsel", The
Evening Citizen, Ottawa, Thursday 9 October 1930 at p.
9; retrieved from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2337617706?accountid=46526,
accessed 2 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
CONNELLY (or Connolly), J.P. (or J.C.), Capt., Royal Canadian
Navy, from Halifax was defence counsel for Capt. Stanley Bruce
Landell" in the court martial referred to in Boss, William,
"Charge Landell Sold Furnishings of Billet, Jewels", Globe and
Mail, 1946/02/22, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5081830
(accessed 5 June 2019);
Image source: http://ipolitics.ca/author/aconnolly/, accessed 24
September 2015
Amanda Connolly
CONNOLLY, Amanda, "CSE watchdog urges greater information-sharing
powers for review bodies. Current limitations on how review
bodies can cooperate make things ‘extremely difficult:’ Plouffe",
ipolitics, 21 March 2017; available at (accessed 24 March
2017); about testimony of Jean-Pierre Plouffe, former JAG officer,
superior court judge and now CSE watchdog;
____________"Report calls for full inquiry into Afghan detainee
torture scandal", ipolitics, 23 September 2015; available at https://ipolitics.ca/2015/09/23/report-calls-for-full-inquiry-into-afghan-detainee-torture-scandal/
(accessed 24 September 2015); report by "human rights
researcher Omar Sabry. The report was produced jointly by
the Rideau Institute and Canadian Centre for Policy Alternatives";
In 2007, Amnesty International and the B.C. Civil Liberties
Association launched a lawsuit against the government
in Federal Court arguing that the transfers were illegal
under international law and the Canadian Charter of Rights
and Freedoms. The Military Police Complaints Commission
also looked into whether officials in Kandahar had
failed to investigate transfers
thoroughly enough. The House of Commons Special
Committee on the Canadian Mission in Afghanistan also tried
to launch a study on the matter.
In all three cases, however, the government refused to
release its information on the affair and, after
refusing a direct order from Parliament, was found in to be
in contempt of Parliament.
Since the Conservative majority government formed in 2011, the
detainee scandal has largely faded from public
discussion. The Conservatives shut down an ad-hoc
committee looking into the allegations and also failed
to re-appoint the Special Committee on the Canadian
Mission in Afghanistan.
CONNOLLY, M.A., Major, Striving
for national autonomy: civil control and national command of
Canadian expeditionary forces, [Toronto, Ont.] :
Canadian Forces College, 2008, ii, 100 p., 28 cm, Master thesis,
Canadian Forces College; JCSP/PCEMI 34-14;
Summary
"The Canadian military legacy from the First World War until
recently saw Canada most often as a force contributor of troops at
the tactical level to allied or coalition military
efforts. Operating within coalitions and alliances created a
tension between the demands of national autonomy and the demands
of coalition or alliance efficiency. To maintain
national autonomy, politicians have a responsibility to exercise
civil control, and military officers at each level in the chain of
command have a responsibility [to] exercise
national command and support the premise of civil control. This
essay concludes that Canada’s history of civil control of the
military and national command has been evolutionary
with a recurring theme of national autonomy throughout. But with
recent government policy and Canadian Forces transformation, a
strong national command structure has begun
to take shape that can support the principle of civil control of
the armed forces. This has placed a renewed emphasis on the
military strategic and operational levels of command
overseeing the employment of tactical forces in comprehensive
operations." - p. ii
(http://ares.cfc.forces.gc.ca/rooms/portal/media-type/html/language/en/country/US/user/anon/page/Sirsi_AdvancedCatalogSearch,
accessed on 1 January 2012.
Lt.-Cmdr. Gina Connor, 41, sits with Obidullah
Sediqi, the chief prosecutor for the
Kandahar
High Courts in Afghanistan" (photo in the article)
CONNOR, Gina, Lt.-CMdr., see CLÉROUX, Richard, "THERE'S NO
LIFE LIKE IT", (March 2008) 32(3) Canadian
Lawyer Magazine 3; available at http://www.canadianlawyermag.com/index.php/There-s-no-life-like-it.html
(accessed on 11 July 2008); article discusses work of three JAG
officers: Lt.-Cmdr. Gina Connor, Lt.-Cmdr. Pierre Comeau, and
Navy Lieut. Brent Walden;
Lieutenant-Commander Gina Conner [sic], a lawyer
from Directorate of Law/Intelligence
and Information Operations in Ottawa, deployed as the legal
advisor for the Kandahar
Provincial Reconstruction Team (KPRT), speaks to women
prisoners at a local prison in Kandahar City.
The KPRT is an integral part of the Joint Task Force
Afghanistan (JTF-AFG), which is Canada's
military contribution to Afghanistan. Canadian operations
will focus on working with Afghan
authorities to improve security, governance and economic
development.
------------------
Le Capitaine de corvette Gina Conner [sic], une avocate
du groupe du Directeur juridique/
Opérations du renseignement et de l’information, à Ottawa,
déployée à titre de conseillère
juridique de l’Équipe provinciale de reconstruction de
Kandahar (EPRK), s’entretient avec
des détenues dans une prison locale de Kandahar.
L’EPR fait partie intégrante de la Force opérationnelle
interarmées en Afghanistan (FOIA),
qui constitue la contribution militaire canadienne aux
efforts déployés en Afghanistan.
Les opérations canadiennes sont axées sur la collaboration
avec les autorités afghanes en
matière d’amélioration de la sécurité, de la
gouvernance et du développement économique.
(source pour la version française du
texte:http://www.combatcamera.forces.gc.
ca/gallery/cc_photos/detail/?filename=IS2007-1012&assetId=12814&lang=fra)
Lieutenant Commander Gina Connor
Gina Connor has been a member of the Canadian Armed
Forces for over 34 years. She holds a
Bachelor of Arts from Dalhousie University; a Common Law
degree from the University of New
Brunswick and a Masters of Law in Information Technology
and Telecommunications from the
University of Strathclyde. She originally enrolled in
the Regular Force as a Supply Technician
in July of 1985. In November of 2003, she became a Legal
Officer with the Office of the Judge
Advocate General.
During her career, she was deployed on several
missions abroad. From June to December of 1995 she
deployed on Operation Sharp Guard onboard NCSM Ville de
Quebec in the Adriatic Sea off the coast
of the Former Republic of Yugoslavia. She was as the
Legal Advisor to the Commander of the Kandahar
Provincial Reconstruction Team during Operation Athena
from February to August of 2007 in Kandahar,
Afghanistan; Legal Advisor to a Special Assistance Visit
in 2009 during Operation Athena in Kandahar,
Afghanistan and was the Task Force Legal Advisor from
June 2013 to March of 2014 for Operation
Attention and a member of the team closing the Canadian
Armed Forces mission in Kabul, Afghanistan.
She was awarded the Chief of Defence Staff commendation
and the Commander of Canadian Joint Operations
Command commendation for her 2007 and 2013-14
deployments respectively.
Gina has been an Adjunct Assistant Professor at the
Royal Military College in Kingston, Ontario and
instructs and lectures on a variety of subjects
including Laws of Armed Conflict, Women, Peace and
Security
and child soldiers.
She completed the Veteran Trainer to Eradicate the Use
of Child Soldiers program (VTECS) with the Roméo
Dallaire Child Soldiers Initiative in 2018.
Her passion has been and continues to be the
protection of Human Rights and Capacity Building in
relation to
the Rule of Law and Human Security.
CONNORS, Patrick James, lawyer, member of the Nova Scotia
Barrister's Society since 2016, member
of the OJAG at the Office of The Judge Advocate General (Atlantic
Region); graduated from Ottawa University, Juris Doctor, Common
Law, 2012-2015;
see https://www.linkedin.com/in/patrick-connors-8913b895/
Considérations sur notre organisation militaire par un officier
de la milice, Montréal: Des Presses à vapeur de Plinguet &
Laplante, 1864, 31 p. et voir "Discipline et Pénalités" aux pp.
20-22; disponible à http://collections.banq.qc.ca/ark:/52327/3081885
(consulté le 20 octobre 2018);
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-----Image source: carleton.ca/history/people/tim-cook/, accessed 18
December 2017
Image source: amazon.ca/Madman-Butcher-
Tim Cook, the author
Sensational-Hughes-General/dp/014317357X,
accessed 18 December 2017
COOK Tim, 1971-, The madman and the butcher : the sensational
wars of Sam Hughes and General Arthur Currie,
Toronto : Penguin Canada, 2011, x, 472 p., [8] p. of plates :
ill., ports. ; 21 cm. NOTES: Includes bibliographical
references (p. 391-406) and index. ISBN: 9780143173571;
___________"The Politics of Surrender: Canadian Soldiers and the
Killing of Prisoners in the Great War", (July 2006) 70(3) The
Journal of Military History 637-665;
___________"The Top 10 Most Important Books of Canadian Military
History", (2009) 18(4) Canadian Military History 65-74,
article 6, available at http://scholars.wlu.ca/cgi/viewcontent.cgi?article=1611&context=cmh
(accessed 6 June 2016); important
contribution -- pour aller plus loin! the 10 most
important from several authors ....so it is much more than 10
books!
COOKE, O.A. (Owen Arnold), 1943-, The Canadian Military
Experience 1867-1995: A Bibliography, 3rd ed., Ottawa:
Directorate of History and Heritage, Department of National
Defence, 1997, xxi, 520 p., (series; monograph series;
Department of National Defence, Directorate of History and
Heritage; number 2); catalogue number of Public Works and
Government Services Canada, Canadian Government Publishing:
D63-1-2-1996, ISBN: 0660601648;
"A bibliography ...of
published primary sources and secondary works on
Canadian military topics, excluding poetry and fiction
(with one exception), covering the period from confederation to
the present. Entries in the bibliography represent printed
monographs, books and pamphlets and serial titles. The prime
criteria for inclusion was that the work be chiefly or uniquely
both Canadian and military in its content. Index.
Bilingual". (Source: Public Works and Government Services Canada, Canadian Government Publishing, vol. 1, issue 1, Spring
1998, p. 4)
FRANÇAIS : COOKE, O.A. (Owen Arnold), Bibliographie de la vie
militaire au Canada 1867-1995, 3e éd., Ottawa:
Direction -- Histoire et patrimoine, Ministère de la défense
nationale, 1997, xxi, 520 p. (Collection; Monographie;
Direction--Histoire et patrimoine du Ministère de la défense
nationale; no. 2); couverture souple, numéro de catalogue de
Travaux publics et Services gouvernmentaux, Les Éditions du
Gouvernement du Canada : D63-1-2-1996, ISBN: 0660601648; titre
bilingue, même volume;
"Cette bibliographie
présente une liste des sources primaires et secondaires, hormis la
poésie et la fiction (sauf une seule exception),
qui ont été publiées sur la vie militaire canadienne depuis la
Confédération jusqu'à nos jours. Il s'agit de monographies,
de livres et
de brochures ainsi que de publications en série. Le premier
critère d'inclusion était le suivant: les ouvrages devaient être
uniquement
ou principalement canadiens et militaires à la fois.
Index. Bilingue." (source: Travaux publics et Services
gouvernmentaux, Les
Éditions du Gouvernement du Canada, vol. 1, no 1, Printemps
1998, p. 4)
___________Organization and
Training in the Central Canadian Militia 1866-1885, MA
Thesis (Kingston: Queen's University, 1974);
COOKE, W.M., Captain was the assistant prosecutor in the
Disciplinary Court Martial R. Sleep 1987 CM 87, Halifax,
Nova Scotia, 29 July 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: 1987-33;
__________on COOKE, W.M., Lt(N) was defence counsel in the
Standing Court Martial of R. v. Brown 1988 CM 38, in Lahr,
Federal Republic of Germany, 26 July 1988, 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: 1988-22;
Image
source: cdainstitute.ca/about-us/research-fellows/,
accessed 7 August 2017
Howard G. Coombs
COOMBS, Howard G., “The Evolution of Canadian Forces Staff Education
and Operating in a Post-Cold War World", (2008) 11(3) Canadian
Military Journal available at http://www.journal.forces.gc.ca/vo11/no3/08-coombs-eng.asp
(accessed 7 August 2017); see also his Ph.D. thesis at Queen's
University --In Search of Minerva's Owl: Canada’s Army and Staff
Education (1946-1995);
___________ ed., The
insubordinate and the noncompliant: case studies of Canadian
mutiny and disobedience, 1920 to present, Kingston
(Ontario): Canadian Defence Academy Press; Toronto : The Dundurn
Group, c2007, 448 p., ISBN: 9781550027648 (pbk.); copy at University
of Ottawa, MRT General, FC 226 .I57 2007; title noted in my research
but book not consulted yet (10 January 2012);
Contents
Introduction / Howard G. Coombs - 1. Good men pushed too far? The
first Canadian Parachute
Battalion hunger strike, 20-23 October 1944 / Bernd Horn - 2. The
revolt of the Canadian generals,
1944: The case for the prosecution / Richard T. Walker - 3.
Leadership and lack of moral fibre in
Bomber Command, 1939-1945: Lessons for today and tomorrow / Allan
English - 4. Errant aircrew:
A case for “grey” insubordination in no.6 Group (Royal Canadian
Air Force), bomber command in
1943 / David Bercuson - 5. Murder by Spitfire? Probing for mutiny
and indiscipline in Canada’s
second World War air force / Dean C. Black - 6. After the
emergency: Demobilization strikes, political
statements, and the moral economy in Canada’s Air Forces,
1919-1946 / Rachel Lea Heide - 7. Matelots,
Martinets, and Mutineers: The mutiny in HMCS Iroquois, 19 July
1943 / Michael Whitby - 8. Protestors
or traitors? Investigating cases of crew sabotage in the Royal
Canadian Navy, 1942-1945 / Richard O. Mayne
- 9. The V-E Day riots in Halifax, 7-8 May 1945 / Robert H.
Caldwell - 10. The post-war “incidents”
in the Royal Canadian Navy, 1949 / Richard H. Gimblett - 11. The
storm over unification of the Armed
Forces: A crisis of Canadian civil-military relations / Daniel P.
Gosselin - 12. The Air Force and flight
safety: A culture of tolerated disobedience? / Randall Wakelam -
13. When orders conflict: A perspective
from the board of inquiry - Croatia / Gordon Sharpe - 14. What did
you expect? An examination of
disobedience in the former Canadian Airborne Regiment, 1968-1995 /
Bernd Horn. (source: catalogue du
Collège miliitaire de Toronto)
FRANÇAIS : COOMBS, Howard G., sous la direction de, Les insubordinés et
les insurgés: des exemples canadiens de mutinerie et
de désobéissance, de 1920 à nos jours, Toronto :
Dundurn, 2007, 439 p. : ill., portr. ; 23 cm ; "... fait suite
à deux ouvrages, "Les réticents et les récalcitrants : points de vue
théoriques sur la désobéissance chez les militaires" et "Les
apathiques et les rebelles : des exemples canadiens de mutinerie et
de désobéissance, de 1812 à 1919", rédigés par des collaborateurs et
membres de l'Institut de leadership des Forces
canadiennes(ILFC)"--Av.-pr. (source: catalogue du Collège miliitaire
de Toronto)
[Table des matières]
Avant-propos – Préface – Introduction – De bons éléments poussés
trop loin? La grève de la faim du 1er
Bataillon canadien de parachutistes, du 20 au 23 octobre 1944 /
Bernd Horn – La révolte des généraux
canadiens, 1944 : le réquisitoire / Richard J. Walker – Le
leadership et le manque de force morale dans
le Bomber Command de 1939 à 1945 : des leçons à retenir pour
aujourd’hui et demain / Allan English –
Membres d’équipage dévoyés : des cas d’insubordination « larvée »
dans le Groupe no 6 (Aviation royale
du Canada) du Bomber Command en 1943 / David Bercuson – Meurtre
par un Spitfire? Examen des cas
de mutinerie et d’indiscipline dans les forces aériennes
canadiennes durant la Deuxième Guerre mondiale /
Dean C. Black – Après l’état d’urgence : grèves de la
démobilisation, déclarations politiques et économie
morale dans les Forces aériennes du Canada, 1919-1946 / Rachel Lea
Heide – Matelots, officiers trop
zélés et mutins : la mutinerie du NCSM Iroquois survenue le 19
juillet 1943 / Michael Whitby – Protestation
ou trahison? Le cas de sabotage par des membres d’équipage de la
Marine royale du Canada, de 1942 à
1945 / Richard O. Mayne – Émeute à Halifax les 7 et 8 mai 1945, à
l’occasion de la victoire en Europe /
Robert H. Caldwell – Les « incidents » de l’après-guerre dans la
Marine royale du Canada en 1949 /
Richard H. Gimblett – La tempête autour de l’unification des
forces armées : crise dans les relations
civilo-militaires au Canada / Daniel P. Gosselin – Les forces
aériennes et la sécurité des vols : une
culture qui tolère les désobéissance? / Randall Wakelam – Ordres
incompatibles : point de vue de la
Commission d’enquête sur la Croatie / Gordon Sharpe – À quoi vous
attendiez-vous!?! Analyse de
la désobéissance au sein de l’ancien régiment aéroporté du Canada,
1968-1995 / Bernd Horn –
Appendice. Tableau de tous les grades pour chacun des Services,
avant et après l’unification des
FC. (source: catalogue du Collège miliitaire de Toronto)
COOPER, Andrew F., Momani, Bessma, "The Harper government's
messaging in the build-up to the Libyan Intervention: was Canada
different than its NATO allies?", Canadian Foreign Policy Journal,
04 May 2014, Vol.20(2), p.176-188; title noted but article not
read yet (3 February 2017);
COOTE, Gérald (John Charles Gerald), 1899-1980, Major, legal advisor
for military district number 5, see article: "Soldier Involved Over
'Injections' Said to Have Destroyed Instruments", Globe and Mail,
1942/03/17, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5033629,
accessed 8 June 2019; military district 5 was in Québec City;
___________As of 4 October 2020, my research indicates:
- selon Annuaire de la ville de Québec, 1935-1936,
Résidents de Québec par ordre alphabétique de noms, CAR-ESC,
il y a un J. Gerald Coote qui pratique le droit à l'étude de
Coote, Dussault & Auger (Michel Dussault et Alphonse
Auger) au 126 Sr-Pierre), voir numerique.banq.qc.cq;
- selon Annuaire de la ville de Québec, 1954-1955,
[Corporation de Québec, Cité de Québec, Renseignements
généraux, Gouvernements provincial et fédéral], il y a un
avocat au ministère des Affaires des anciens combattants qui
est un conseiller de la reine (QC), voir https://numerique.banq.qc.ca/patrimoine/details/52327/3692272?docsearchtext=gerald%20coote
(consulté le 4 octobre 2020);
Titre: S. Gérald Coote, avocat, novembre 1955,
photographe: Gaby
(Gabriel Desmarrais)
- sur Gérald Coote, avocat, voir l'article "Militaire condamné
pour traffic de drogues", L'Action-Québec, vendredi 13
avril 1973; disponible à https://collections.banq.qc.ca/ark:/52327/3490648
(vérifié le 5 octobre 2020);
- his mother was Caroline (Caroline) Taschereau,
1871-1956, the sister of the Quebec Prime Minister
Louis-Alexandre Taschereau; his father and husband of
Caroline Taschereau was Dr. Patrice ou Patrick Coote,
see http://faculty.marianopolis.edu/c.belanger/quebechistory/encyclopedia/LouisAlexandreTaschereauRB.htm
(accessed 5 October 2020); his father Patrice's real first
name was Patrick Coote, professor at Laval University;
CORBAN, Paul, legal officer with the OJAG during the seventies and
eighties; LCol in 1986, see http://www.sirc-csars.gc.ca/pdfs/ar_1985-1986-eng.pdf
(accessed 18 August 2018); was admitted to the Nova Scotia Bar in
1973; lives in Ottawa (as of 2018);
___________on Corban, Paul, see his photo hereunder which is a
detail of the 1981 JAG conference photo posted on flickr by
Jim Rycroft at https://www.flickr.com/photos/xjag/4528355114/in/album-72157623951146254/lightbox/
(accessed 24 September 2020); a photo of the 1981 JAG conference
photo, in colour, can also be found in McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa :
Office of the Judge Advocate General, c2002, at p. 124, available
at
103-242;
Conseiller Juridique at Office of the Judge
Advocate General, Membre du Conseil d'administration
/ Représentant à l'international...
Past
Avocat associé (litige et conseil) at Pariseau
Cliche & Associés, Conseiller at Bureau de
l'ancien premier ministre du Québec Jean...
Education
Université de Sherbrooke, École du Barreau du
Québec, Université de Sherbrooke
Summary
Avocat et conseiller juridique Droit
international, droit civil Québec, commercial,
locatif, administratif. Conseiller Éditions
Orange...
CORBETT, Patrick, Captain, 10th R.V., deputy judge advocate general,
acting, British army staff, 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;
CORMIER, Patrick, "The 'Information Management Smart' JAG
Lawyer", (2006) 1 JAG Les
actualités -- Newsletter 86;
___________"La Justice militaire canadienne: le procès sommaire
est-il conforme à l'article 11(d) de la Charte canadienne des
droits et libertés?", (2000) 45 McGill Law Journal / Revue de
droit de McGilll 209-262; disponible à http://lawjournal.mcgill.ca/documents/Cormier.pdf
(vérifié le 6 juillet 2010);
Patrick Cormier, CD, B.Sc., B.C.L., LL.B., from
April 2011 to February
2014, was the Chief Executive Officer of the Canadian
Centre for Court Technology.
In addition to his CEO duties, Patrick Cormier also provided
leadership and
support to the Centre's IntellAction Working Groups on
topics such as social
media and the courts, e-filing, technology clearinghouse and
e-learning. He
is presently working as Vice-President, Business Development
at Notarius Inc.
He also heads Government 2.0 Think Tank, a consultant firm
provided advisory
services to government departments and agencies on how to
best modernize
their information management practices. (source: http://wiki.modern-courts.ca/ Patrick_Cormier,
accessed 28 April 2015)
Image
detail source: thedailyobserver.ca/2013/10/03/garrison-petawawa-united-way-breakfast-raises-nearly-6000,
accessed 17 April 2017
LCol Martin Coriveau, right, serving MCpl Natalie Suley
CORRIVEAU, Martin, LCol, La
garde côtière canadienne et la sécurité de nos côtes -- une
analyse institutionnelle, maitrise en études de la
défense -- projet de recherche; Collèges des Forces canadiennes,
JCSP 38 -- PCEMI 38, 2012, 128 p., 6 p. d'annexes, disponible à http://www.cfc.forces.gc.ca/papers/csc/csc38/mds/Corriveau.pdf#pagemode=thumbs,
vérifié le 11 avril 2013;
CORRY, David J., 1954-, "Military Law Under the Charter" (1986)
24 Osgoode Hall Law Journal 67-120; notes: Paper
prepared for Professor P.W. Hogg, Winter 1984-85, York
University (see catalogue of York University); available at http://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=1879&context=ohlj
(accessed 14 December 2015);
COSSETTE, capitaine de vaisseau, juge-avocat général, à Ottawa,
voir l'article de Georges-Henri DAGNEAU, "Injustice pour les
nôtres", L'action catholique, Québec, mardi, 7 mars 1944,
à la p. 4; disponible à http://collections.banq.qc.ca/ark:/52327/3522700
(vérifié le 26 janvier 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
___________Cossette, Marie Joseph Roméo, 1890-1961, born in
Valleyfield, served as Deputy Judge Advocate of the Fleet;
His father served as a Zouave in the service of
the Pope in Italy during the struggle
for the unification of Italy. He was a newspaper reporter at
the time of his recruitment
into the navy. He was the father of Captain (S) Peter
Cossette RCN.
He was appointed as an Ordinary Seaman RCN 1911. (CFR). He
was appointed as an
A/Warrant Writer (Temp.) RCN (With seniority dated
01/04/1917). He served in
Warrant Writer (Temp.) RCN (With seniority dated
01/04/1917). He was appointed
as a Paymaster Sub-Lieutenant RCN (With seniority dated
01/10/1919). He served
in H.M.S. Dauntless 1920. He served in HMCS Aurora 1920. He
was appointed as a
Paymaster Lieutenant RCN (With seniority dated 01/09/1921).
He served in HMCS
Naden 1922. He was appointed as a A/Paymaster
Lieutenant-Commander RCN (With
seniority dated 19/04/1927). He served in HMCS Stadacona
1927. He was appointed
as a Paymaster Lieutenant-Commander RCN (With seniority
dated 01/10/1929). He
was appointed as a Paymaster Commander RCN (With seniority
dated 01/07/1934).
He served in HMCS Bytown for Special Duties as Naval
Secretary and as Deputy
Judge Advocate of the Fleet 1934. He was appointed as a
Paymaster Captain RCN
(With seniority dated 01/10/1939). He served in NHQ as
Deputy Judge Advocate
of the Fleet. (He was retired 27/11/1945). He was appointed
as a Rear-Admiral (S)
RCN (on the Retired List With seniority dated 28/11/1945)
(He was promoted from
the Captains (S) List). (He was qualified as an interpreter
of French.)
___________on Cossette, Marie Joseph Roméo, 1890-1961, as Deputy
Judge Advocate of the Fleet, see the article by TRÉPANIER,
Jacques, "L'administration de la justice confiée à un des notres
dans la marine", L'Action catholique, Québec, vendredi le
9 octobre 1942 à la p. 8, disponible à http://collections.banq.qc.ca/ark:/52327/3522200,
page vérifiée le 29 juin 2020; article also posted under
TRÉPANIER, Jacques, infra;
_________ "PTSD and Criminal Offending by CAF or Former CAF
Members: Legal Decisions", in The 5th annual Military and Veteran
Health Research Forum Abstract, MVHR Forum 2014, 3E03, at
pp. 20-21; available at https://cimvhr.ca/documents/MVHR-Forum-Abstracts-2014.pdf
(accessed 4 October 2015);
Conclusions:
Given that PTSD can be a central issue in criminal matters
involving CAF or former CAF members, the casual factors
leading to the development of this disorder and its
relationship to the offending behavior should be reviewed
in each case. Expert psychiatric evaluation and testimony
has value to the court for adjudication and sentencing
decisions in these complex cases. (p. 21)
Marie-Julie Côté
COTÉ, Marie-Julie, Major, professeure de yoga, membre du
Barreau du Quévec et avocate militaire depuis juin 2010, voir
Linked in à https://ca.linkedin.com/in/mariejulieyoga
(consulté le 12 septembre 2017);
__________sur COTÉ, Marie-Julie, voir DÉFENSE NATIONALE,
Nouvelles de l'armée, Multimédia de l'armée, "Des juges-avocats
aident à naviguer les droits de la guerre", Réalisation des
Affaires publiques de l'Armée canadiennes, 2012, 3 minutes, 17
secondes; participation des avocats militaires Marie-Julie Côté et
Jean Caron; sur l'emploi des règles d'engagement pendant les
opérations domestiques; disponible sur YOU TUBE, http://www.youtube.com/watch?v=HOC4cNMFQUk,
site visité le 6 juin 2014; notes: with English sub-titles; for
NATIONAL DEFENSE, Army News, Army Multimedia, Canadian Army Public
Affairs;
Biography of Mr. Yves
Côté, Q.C. – Commissioner of Canada Elections
Mr. Yves Côté became Commissioner of Canada Elections in
July 2012.
Mr. Côté began his career in 1977 when he enrolled in
the Canadian Forces as a military legal officer within
the Office of the Judge Advocate General (JAG).
In 1981, he joined the Department of Justice where he held
various positions, including: Legal Adviser to
the Department of Health; Legal Adviser to the Employment
and Immigration Commission; Director of
the Human Rights Law Section; Legal Adviser to the
Department of National Defence and the Canadian
Forces; and finally, Assistant Deputy Minister and Head of
the Business and Regulatory Affairs Portfolio.
In 2003, Mr. Côté left Justice to serve as Counsel to the
Clerk of the Privy Council, as well as Assistant
Secretary to the Cabinet – Legislation and House Planning.
From 2005 to 2008, he was Ombudsman for the Department
of National Defence and the Canadian Forces.
Early in 2008, he was appointed Associate Deputy Minister
of Justice and remained in that position until June 2012.
Mr. Côté has been a member of the Barreau du Québec since
1977. He earned his Bachelor of Civil Law from
Université Laval in 1976, and his Honours Bachelor of
Psychology from the University of Ottawa in 1992.
Mr. Côté was appointed Queen's Counsel in 1992, and has
received numerous awards for his public service.
He is married and has two daughters and one grandson.
___________"Ask the budman: the CanadianForces ombudsman answers your
questions", (March 2006) 13(3)
Esprit de Corps 23; not consulted yet;
A former officer with the Judge Advocate General’s
office, Côté was appointed as ombudsman for the Canadian
Forces in 2005.
When he left that post, Esprit de Corps magazine wrote
that Côté “made it clear that he was not going to take the
high-profile,
often-adversarial towards the chain-of-command stance of
his predecessor,” Andre Marin.
Côté issued reports critical of the military, complaining
in one report that “the Canadian Forces continue to treat
military
families like second-class citizens,” but on Thursday
Esprit de Corps publisher Scott Taylor described Côté’s
time as
ombudsman as disappointing.
“Unfortunately he failed to maintain the same sort of
profile for the office which Marin had laboriously built
as the inaugural
incumbent,” said Taylor. “While it is true that Marin had
raised the bar quite high, Côté passed well below it
during his tenure.”
In December 2007, halfway through Côté’s mandate as
ombudsman, Prime Minister Stephen Harper appointed him as
associate
minister of justice, where he worked closely with Justice
Minister Rob Nicholson as the government prepared Bill
C-10, an
omnibus bill that imposed mandatory minimum sentences for
many crimes, including marijuana cultivation.
People familiar with Côté’s career described him as
low-key and competent, safe and methodical but not a
fighter.
___________on COTE, Yves, see
VONGDOUANGCHANH, Bea, "Cote's
appointment as DND ombudsman riles Tory MP: Defence critic Rick
Casson says Libs have a pattern of ignoring House
recommendations", The Hill Times, 25 July 2005, issue 797,
p. 17; title noted in my research but article not consulted yet
(25 March 2019);
___________"Yves Cote:
From the outside looking in" (January 2007) 13(12) Esprit de
Corps 22-23; not consulted yet;
"Chief Electoral Officer Stéphane Perrault (left) and
Commissioner of
Canada Elections Yves Côté (right)."
After law school at Quebec City’s Université
Laval, Côté joined the armed forces and the Judge
Advocate General’s office — an uncommon choice for a
francophone in 1970s Quebec.
He was posted to Winnipeg, a city he and his family
loved. But his wife Carole didn’t speak much
English at the time, and he was on the road 120 days a
year, leaving her and their young children at home.
So Côté headed for Ottawa in 1981 and began working as a
lawyer in the federal public service.
This included Health Canada, the Employment and
Immigration Commission and as director of the justice
department’s human rights law section.
After criticizing the Canadian Forces and the
Department of National Defence for failing to respond
adequately
to his investigations and to complaints from families of
Forces members, Yves Côté left his position in December
2007, half-way through his five-year term. He then joined
the Department of Justice.
COTTON, Roger, Major, "Canadian Army Domestic Operations Plans",
Canadian Forces College, CSC 31, Masters of Defence Studies
Thesis, 29 April 2005; available at http://www.cfc.forces.gc.ca/259/290/291/286/cotton.pdf
(accessed 11 June 2017);
COTTON, W., Chef d'escadrille (Squadron Leader) est l'avocat de la
poursuite 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);
------ Image
source:ca.linkedin.com/in/edward-cottrill-156a7934 (access 2
August 2017)
Edward Cottrill
COTTRILL, Ed, Major, AJAG Pacific Region, "Pre-Deployment,
Personal Legal Issues", being Part II of LCdr Larry Moraal, HMCS
Brandon and LCdr Alex Barlow, HMCS Yellowknive, Families and
Friends of HMCS Ships Brandon and Yellowknive, MCDV Briefing
2014, 81 p., available at https://www.slideshare.net/esquimaltmfrc/mcdv-briefing-september-2014
(accessed 2 August 2017);
12. Discussion
Points • Power of Attorney • Wills • Travel Documents •
Supplementary Death Benefits • SISIP
13. Power of
Attorney Allows a person (the donor) to appoint someone
19 years of age or older to be their representative (the
attorney), for the purposes of financial transactions or
business arrangements on his or her behalf
14. Power of
Attorney • The financial or business arrangements could
include: – Insurance for car or home – Bank loans –
Mortgage payments – Buying or selling property,
including cars and houses – Pay issues
15. Duties of
Attorney • Must act in good faith • Follow the
instructions of the donor • Perform transactions with
due skill and care • Cannot delegate the power of
attorney • Must respect the title (ownership) of the
donor’s property and money • Must keep proper accounts
16.
Limitations and Concerns • POA terminates on the death
of the donor • Does not affect the estate • Can be
revoked (notify institutions) • BC POA is “valid”
outside BC but subject to being accepted – consult legal
advice wrt other provinces
17. WILLS What
is a Will? The written statement by which a person
instructs how his or her estate should be distributed
after death
18. Why You
Need a Will • From the death of a person dying intestate
until administration is granted … the personal estate
and effects of the deceased person are vested in the
court…. s.3 Estate Administration Act • If one dies
“Intestate” then province uses formula to distribute
estate
19. Wills •
Basic CF Will is adequate for: First marriage Single
members Simple Finances No children
20. Wills •
Suggest you get a Will from a Lawyer if: – Second or
subsequent marriage – Home owner – RRSPs, trust funds,
stocks etc. – Children – Wish to have several persons as
beneficiaries Will Kits May or May Not be Valid
21. Need to
Re-Do Your Will? • You should re-do your Will when: –
Newly married (previous will is invalidated by marriage)
– Children are born – Change of circumstances
22. Personal
Emergency Notification Form • Ensure that it is up to
date • Fill in as many contact persons as you can •
Ensure Privacy Act box is filled in • Ensure contact
information is accurate
23. Travel
Authorization Letter • Is proof that you consent to your
child traveling with a spouse or another person. • May
be required to cross US or other borders with children.
• Can be signed by any commissioned officer.
24.
Supplementary Death Benefits/SISIP • Regularly update
your SDB beneficiary – Real case: 18 yr old joins CF,
names then-girlfriend as beneficiary – Break up of
relationship, mbr later marries and has children -
killed in auto accident, hadn’t changed beneficiary –
EX-GIRLFRIEND collected SDP – Up date SISIP additional
benefits, if any • Marriage, children, divorce, etc.
___________on Cottrill, Edward,
"Administrative ‘Determinations of Law’ and the Limits of Legal
Pluralism After Vavilov", February 11, 2020, aailable at
SSRN: https://ssrn.com/abstract=3536438
or http://dx.doi.org/10.2139/ssrn.3536438
(accessed 5 April 2020); also published in (2020) 58(1) Alberta
Law Review 153-186;
Abstract
Doré and Loyola affirmed that administrative
decision-makers have a duty to balance statutory aims and
values protected by the Charter. In several cases,
decision-makers have weighed Charter protections and
values on both sides of a contested issue. Sometimes this
is a matter of a genuine conflict between different
Charter restraints on the state. In other situations,
Charter values or even Charter rights have been found
to weigh on the side of state action, providing support
and justification for an otherwise Charter-infringing
state act. Such cases challenge an orthodox understanding
of the Charter’s nature and role. In this article,
the author describes the orthodox view of the Charter
within a broadly classical liberal model; that is as
being a restraint on the state, as affecting government
rather than private conduct, and as being a source
of few free-standing positive entitlements. The author
then describes the pre-Doré exceptions to these
basic precepts and contrasts the uses made of the Charter
by administrative decision-makers via the
balancing prescribed in Doré and Loyola, noting where the
outcome or analysis has challenged an
orthodox conception of our Charter. The article then
situates these developments within contemporary
discussions of the relevance of orthodox liberal
constitutionalism in Canada.
COUGHLIN, E.F. (Edmund Francis), member of the JAG Branch, see
"E.F. Coughlin, CS Barrister, Dies Suddenly", The Ottawa
Citizen, 19 May 1960 at p. 7, available at
https://www.newspapers.com/...., accessed 27 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
___________Le droit de l'environnement et les Forces armées
canadiennes, mémoire pour l'obtention du Diplôme D'Études
Supérieures Spécialisées (DESS) en Droit de l'environnement et
aménagement du territoire, Université Robert Schumann, Strasbourg,
France, septembre 1993, 91 p. (copie à la Bibliothèque du JAG/copy
at the JAG library); Research Note by François Lareau:
On 28 April 1998, Maj Coulombe explained to me that : [Translation
by François Lareau] "The study deals with the applicability of
Canadian environnemental rules to Canadian Forces members when on
a mission outside Canada and on the circumstances that can limit
their responsibility in the event of an environnemental disaster";
Note de recherche de François Lareau: Le 28 avril 1998, le
major Coulombe m'a expliqué que : "L'étude porte sur l'application
des normes environnementales canadiennes aux troupes des Forces
canadiennes en mission à l'extérieur du pays et sur les
circonstances pouvant limiter leur responsabilité en cas de
désastre environnemental."; courriel: huco6243@gmail.com;
avocat à la retraite (Barreau du Québec, 1981), renseignements en
date du 26 janvier 2019, demeure à Orléans, Ontario;
___________ on COULOMBE, Hugues, Major, see "Explosive
investigation of Canadian soldiers: Soldier [accused, ex-soldier
Private Raul Del Villar] still free a year after bomb-smuggling
charges laid", The Record, Sherbrooke, 20 July 1999 at p.
13; permalien: http://collections.banq.qc.ca/ark:/52327/2968391,
accessed 7 May 2020;
___________ on COULOMBE, Hugues, Major, see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa
: Office of the Judge Advocate General, c2002, at p. 176 (Haiti),
available at 103-242;
COULON, Jocelyn, 1957-, "La Commission d'enquête sur la
Somalie dépose un rapport dévastateur. L'état-major mis en
charpie. 'Des accusations injustes et sans fondements', estime Art
Eggleton [le ministre]", Le Devoir, 3 juillet 1997, aux
pp. 1 et; disponible à http://collections.banq.qc.ca/ark:/52327/2768058
(vérifié le 1er avril 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
source de
l'image:
cerium.umontreal.ca/communaute/repertoire-departement/vue/coulon-jocelyn-1/,
visité 3 juin 2016
Jocelyn Coulon
____________ “La défense dans un Québec indépendant” dans Les
implications de la mise en oeuvre de la souveraineté : Les
aspects juridiques, les services gouvernementaux,(Exposés
et études vol. 2), Commission d'étude des questions afférentes à
l'accession du Québec à la souveraineté, Québec, 1992, p. 411-417;
titre noté dans mes recherches mais non consulté (10 septembre
2015);. sommaire disponible à https://www.saic.gouv.qc.ca/documents/institutions-constitution/commission-accession-souverainete/QA-31-JocelynCoulon.pdf
(vérifié 26 Septembre 2015); texte original à Texte
original;
Le système de justice militaire est une
nébuleuse complexe, aux ramifications étendues et aux
pouvoirs et aux méthodes
parfois secrètes, souvent expéditives.
Image
source: www.google.ca,
accessed 13 November 2017
___________Soldiers of Diplomacy: The United Nations,
Peacekeeping, and the New World Order, translated by Phyllis
Aronoff and Howard Scott, Toronto: University of Toronto Press,
1998, ISBN: 0-8020-0899-2; see pages preview at https://books.google.ca
(accessed 13 November 2017);
___________"Un Québec indépendant aurait son armée. 'Un pays
souverain doit faire face à la réalité internationale', dit Landry",
Le Devoir, 27 novembre 1991, Cahier B, aux pp. B-1 et B-2;
disponible à http://collections.banq.qc.ca/ark:/52327/2761073
(vérifié le 1er avril 2018);
____________"Une armée en déroute. La Défense suspend le
caporal-écrivain [Caporal Michel Purnelle]", Le Devoir,
mercredi le 29 mai 1996, à la p. A2; disponible à http://collections.banq.qc.ca/ark:/52327/2766544
(consulté le 26 seotembre 2018);
Dans une lettre qu’il a fait parvenir vendredi à
l’avocat du caporal, M' Jean Asselin,
le ministère de la Défense explique les raisons de sa
décision.
La missive, signé par le
juge-avocat général adjoint, le colonel Bruno
Champagne,
souligne que si la liberté d’expression est absolue, «la
personne qui s’enrôle volon-
tairement dans les Forces canadiennes doit savoir que son
service comporte l’acceptation
de certaines restrictions. L’une des plus importantes
est de montrer réserve et prudence
lorsqu’il s'agit de critiquer publiquement les politiques et
les décisions du gouvernement,
incluant celles des Forces canadiennes».
Fonds consists of predominantly
textual material. There are document transfer and
receipt forms and philatelic material
indicating use of registered mail. Each appeal case
includes the minutes of proceedings of a disciplinary or
general court
martial. There is one case of a district court martial.
The minutes of proceedings generally include an index or
table of
contents to trial procedures, the names of witnesses
(including rank in the case of military personnel) and
submitted exhibits.
Questions asked throughout the proceedings are numbered
in sequence. This material is accompanied by a Charge
Sheet
listing one or more charges against the accused and any
amendments, a Convening Order for a Disciplinary or
General
Court Martial and information regarding the assembly of
the Court. The courts martial referred to the Board for
appeal
had been held at Canadian military installations in
Canada, Germany, France, Japan, Italy and in the field
in the Republic
of Korea. A Statement of Appeal form, completed by the
offender, accompanies the minutes of proceedings. Some
cases
also include a Supplementary Statement of Appeal.
Exhibits submitted as evidence to courts-martial are
varied. There are
certificates, affidavits, statements, reports and
warrants for arrest. Information regarding federal
government furniture and
equipment property is included in inventory sheets,
demand and issue vouchers, stock control and maintenance
records,
and work orders. Financial records include invoices,
bills of sale, shipping memos, allowance claims, and pay
roll, banking
and accounting records. Personal information regarding
the accused and his military service record was usually
submitted
as evidence and includes personal and training
assessments, employment and medical records, conduct
sheets, records of
service, categorization and ability reports,
recommendations for promotion and statements as to
character and particulars
of service. Other types of evidence include
administrative, operational and standing orders,
instructions, duty lists, shift
rosters and authorizations. There are also extracts from
logbooks, notebooks and registers. Other supporting
evidence of
alleged offences consists of photographs, hydrographic
charts and other maps, architectural drawings and
sketches. Objects
submitted as evidence, such as clothing, equipment and
weapons, are represented as exhibits by textual
descriptions or
photographs.
Records created by the Court Martial Appeal Board
include Grounds of Appeal, Notices of Hearings,
Adjournment of
Hearings, Motions and Abandonment of Appeal. There are
Applications for Summary Disposal, and the opinions of
individual designated members. Correspondence and
memoranda refer to individual cases. Reasons for
Judgment
contain a decision as to whether an appeal was allowed
or disallowed by the Board and a decision regarding the
conviction and sentence. The fonds includes a list of
appeal cases with details of dates, the names of board
members,
counsel and disposal for 1959. There is also a list of
cases referred by the Office of the Judge Advocate
General to the
Board for consideration, 1952-1955, including cases
heard, appeals dismissed and appeals abandoned. Finally,
there
are lists of cases dated between September 1951 and
January 1956 which were submitted for summary disposal
as the
appellants had formally or informally abandoned their
appeals, or remained unheard.
Information regarding financial compensation approved
for members of the Board and the Registrar are found in
claim
forms, minutes of meetings of the Treasury Board,
Treasury vouchers and correspondence. Types of payments
include
terminable allowances per annum and daily allowances.
Expenses for attendance at meetings of the Board and
hearings
including necessary travelling and transportation costs,
out-of-pocket expenses incurred in travel, and expenses
of
accommodation. The fonds also contains oaths of office
and allegiance given by members.
The fonds also contains information regarding precedents
cited by the Board. Reference is made to cases noted in
individual
appeals, to the Rules of Procedure, texts on criminal
law and statutes considered such as, sections of the
Criminal Code, the
National Defence Act, Queen¿s Regulations and Orders for
the three military services and the Canada Evidence Act.
There are also records of judgments made by the
Courts-Martial Appeal Court of the United Kingdom which
was established
in 1951 under the Courts Martial Appeal Act. Copies of
these judgments were to be distributed on behalf of the
Judge Advocate
General to the Chairman and members of the Court Martial
Appeal Board in case references to them were made by
counsel in
an appeal hearing. Other records in the fonds consist of
the Court Martial Appeal Board Rules of Appeal Procedure
(1954) and
amendments, and legislation and regulations from the
United Kingdom (1916-1920) concerning military service
and exemption
from service.
The fonds includes the Registrar's Record Book and
Volume 1 of a Minute Book of the Court Martial Appeal
Court of Canada.
Scope and content
Records transferred to the Court Martial Appeal Board from
the Office of the Judge Advocate General consist of
predominantly
textual material. There are document transfer and receipt
forms and philatelic material indicating use of registered
mail. Each
appeal case includes the minutes of proceedings of a
disciplinary or general court martial. There is one case
of a district court
martial. The minutes of proceedings generally include an
index or table of contents to trial procedures, the names
of witnesses
(including rank in the case of military personnel) and
submitted exhibits. Questions asked throughout the
proceedings are
numbered in sequence. This material is accompanied by a
Charge Sheet listing one or more charges against the
accused and
any amendments, a Convening Order for a Disciplinary or
General Court Martial and information regarding the
assembly of the
Court. The courts martial referred to the Board for appeal
had been held at Canadian military installations in
Canada, Germany,
France, Japan, Italy and in the field in the Republic of
Korea. A Statement of Appeal form, completed by the
offender, accompanies
the minutes of proceedings. Some cases also include a
Supplementary Statement of Appeal. Exhibits submitted as
evidence to
courts-martial are varied. There are certificates,
affidavits, statements, reports and warrants for arrest.
Information regarding federal
government furniture and equipment property is included in
inventory sheets, demand and issue vouchers, stock control
and
maintenance records, and work orders. Financial records
include invoices, bills of sale, shipping memos, allowance
claims,
and pay roll, banking and accounting records. Personal
information regarding the accused and his military service
record was
usually submitted as evidence and includes personal and
training assessments, employment and medical records,
conduct sheets,
records of service, categorization and ability reports,
recommendations for promotion and statements as to
character and particulars
of service. Other types of evidence include
administrative, operational and standing orders,
instructions, duty lists, shift rosters and
authorizations. There are also extracts from logbooks,
notebooks and registers. Other supporting evidence of
alleged offences
consists of photographs, hydrographic charts and other
maps, architectural drawings and sketches. Objects
submitted as evidence,
such as clothing, equipment and weapons, are represented
as exhibits by textual descriptions or photographs.
Records created by
the Court Martial Appeal Board include Grounds of Appeal,
Notices of Hearings, Adjournment of Hearings, Motions and
Abandonment of Appeal. There are Applications for Summary
Disposal, and the opinions of individual designated
members.
Correspondence and memoranda refer to individual cases.
Reasons for Judgment contain a decision as to whether an
appeal was
allowed or disallowed by the Board and a decision
regarding the conviction and sentence. The fonds includes
a list of appeal cases
with details of dates, the names of board members, counsel
and disposal for 1959. There is also a list of cases
referred by the Office
of the Judge Advocate General to the Board for
consideration, 1952-1955, including cases heard, appeals
dismissed and appeals
abandoned. Finally, there are lists of cases dated between
September 1951 and January 1956 which were submitted for
summary
disposal as the appellants had formally or informally
abandoned their appeals, or remained unheard. Information
regarding financial
compensation approved for members of the Board and the
Registrar are found in claim forms, minutes of meetings of
the Treasury
Board, Treasury vouchers and correspondence. Types of
payments include terminable allowances per annum and daily
allowances.
Expenses for attendance at meetings of the Board and
hearings including necessary travelling and transportation
costs, out-of-pocket
expenses incurred in travel, and expenses of
accommodation. The fonds also contains oaths of office and
allegiance given by
members. The fonds also contains information regarding
precedents cited by the Board. Reference is made to cases
noted in
individual appeals, to the Rules of Procedure, texts on
criminal law and statutes considered such as, sections of
the Criminal Code,
the National Defence Act, Queen's Regulations and Orders
for the three military services and the Canada Evidence
Act. There are
also records of judgments made by the Courts-Martial
Appeal Court of the United Kingdom which was established
in 1951 under
the Courts Martial Appeal Act. Copies of these judgments
were to be distributed on behalf of the Judge Advocate
General to the
Chairman and members of the Court Martial Appeal Board in
case references to them were made by counsel in an appeal
hearing.
Other records in the fonds consist of the Court Martial
Appeal Board Rules of Appeal Procedure (1954) and
amendments, and
legislation and regulations from the United Kingdom
(1916-1920) concerning military service and exemption from
service.
Additional information
Dissatisfaction with the military
justice system, caused largely by the influx of a large
number of civilians in the armed
forces during World War II, prompted Canada, the United
Kingdom and the United States of America to conduct a post
war review of military law and take steps to provide a
means of appeal from military courts to a civilian
tribunal. In Canada,
amendments to the National Defence Act in 1950 created the
Court Martial Appeal Board to hear appeals by military
personnel against the legality of findings courts martial,
the severity of a sentences and/or the legality of whole
or any part of a
sentence. The Board provided for the first time in
Canadian Military law a system of appeal to an outside
tribunal, roughly
analogous to a civilian tribunal. The Board was to be
chaired by a judge of the Exchequer Court of Canada (the
predecessor of
the Federal Court and the Federal Court of Appeal) or a
judge of some other superior court. Hon. John C. A.
Cameron (1891-1976),
a judge appointed to the Exchequer Court since 1946, was
appointed Chairman of the Board in 1950 and remained as
Chairman
for the duration of the Board's existence. The Board was
empowered to sit only at Ottawa, Ontario by the Minister
of National
Defence. Hearings were held at the Supreme and Exchequer
Court Building. The first meeting was organizational and
held on
February 12, 1951. The second meeting, which was
considered an appeal, was held on June 20, 1951. Members
of the Board
were to be either active or retired superior court judges
or barristers of at least five years standing. Appointed
barristers were
usually of Queen's Counsel designation. The first members
were Louis de la Chesnaye Audette, Q.C., Bernard M.
Alexandor,
Q.C., Duncan Kenneth MacTavish, Q.C., Léonce Plante, Q.C.
and Mr. Justice Cameron. On October 30, 1952 additional
members were appointed to the Board by the Governor
General in Council on the recommendation of the Minister
of National
Defence: His Honour Judge Alan Gordon McDougall, Leonard
W. Bricklington, Q.C. Brigadier Melville B. Gordon and
George
Addy. Prior experience in military law was considered by
the Department of National Defence to be of great
assistance to the
Board. The Chairman appointed three or more members to
hear an appeal. When he was not included among them the
Chairman
was required to name one of the other designated members
to act as the presiding member. Prior to the hearing, he
could substitute
other members of the Board for any of the designated
members and could vary the number of members on an appeal,
as long as a
quorum of three was met. A Registrar of the Board received
from the Judge Advocate General an appellant's Statement
of Appeal,
the Minutes of Proceedings of the Court Martial, all
documents and records relevant to the appeal that were
produced at the court
martial and any other records and exhibits required by the
Chairman or presiding member. Each designated member of
the Board
received a copy of the Appellant's statement and the
Minutes of the Proceedings from the Registrar who was
required to attend
hearings with all relevant records and exhibits and keep a
full record of all proceedings before the Board. George
Arthur Audette,
lerk of Process of the Supreme Court of Canada, was
appointed the first Registrar of the Court Martial Appeal
Board on June 1,
1951 and remained until his resignation on February 21,
1959. He was succeeded by Adrien E. Richard, Deputy
Registrar of the
Exchequer Court of Canada, as Acting Registrar, effective
February 21, 1959. In an appeal case the Crown was
represented either
by a commissioned officer appointed by the appropriate
chief-of-staff, or by a barrister or advocate appointed by
the Minister of
Justice with the concurrence of the Minister of National
Defence. The appellant had the right to be represented by
counsel of his
own choice or could appear on his own behalf. He could
attend or appear at the hearing with the permission of the
Chairman or
presiding member. However, if the death penalty had been
imposed by the court martial the appellant had the right
to be present
at the appeal. Normally a hearing lasted for one day but
in more important cases, could be extended to a second
day. It was usual
to hear two or three cases consecutively to avoid bringing
in the designated members of the Board for one case only.
It was
estimated by Justice Cameron that the Board sat on no more
than seven to ten occasions in a year. The Board followed
the Rules
of Appeal Procedure of the Court Martial Appeal Board
established under provisions of the National Defence Act
by an Order-in-
Council on April 11, 1951 and subsequently amended. Later
these Rules were revoked and substituted by the Court
Martial Appeal
Board Rules of Appeal Procedure made by the Chairman and
approved by Privy Council on December 8, 1954. The Board
did not
exist to re-try cases on appeal or to consider whether the
finding of the court martial might have been different.
The Board was
concerned only with the legality of the court's finding
and whether there was sufficient evidence to warrant that
finding. It would
only set aside a conviction where it was apparent that the
military tribunal must have had reasonable doubt on the
evidence and
that the accused was not given the benefit of that doubt.
The Board did not question the credibility of witnesses
who had testified
at the trial and no new evidence could be introduced at
the hearing without the consent of the Chairman or
presiding member.
The laws of evidence that applied in a court martial
applied also before the Board on the appeal. However, the
appellant or his
counsel could amend or extend his original statement of
appeal. At any time the appellant could abandon his appeal
by giving
notice in writing. If the statement of appeal did not
contain sufficient particulars of grounds on which the
appeal was founded
such as errors in law relating to lack or interpretation
of evidence or a failure of the Judge Advocate of the
court martial to
direct the court, the appeal was considered abandoned.
Normally, no grounds of appeal could be heard beyond those
in the
original statement of appeal or its amendment. There was a
further possibility of appeal to the Supreme Court of
Canada on
questions of law, with leave where the members of the
Board were unanimous, or as of right where one member
dissented.
The Minister of National Defence (representing The Crown
before courts martial) had no right of appeal from the
Board's
decisions. In 1959 the Parliament replaced the Court
Martial Appeal Board with the Court Martial Appeal Court,
a superior
court of record to be headed by a president and composed
solely of superior court judges designated by the
Governor-in-Council
from the Exchequer Court of Canada or from provincial
superior courts. Mr. Justice Cameron was appointed the
first President
and remained until his retirement from the Exchequer
Court in January 1964 which automatically terminated his
appointment
with the Court Martial Appeal Court.
Custodial history
The records of the Court Martial
Appeal Board were maintained by Exchequer Court (until
1971), the Federal Court (between
1971 and 2003) and then the Courts Administration Service
(between 2003 and 2012). The records were transferred to
Library
and Archives Canada in 2012.
"Courts-Martial", The Gazette, Montreal, 9 May 1899 at p.
4, available at https://www.newspapers.com/image/...., accessed 25
May 2020;
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key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
COURNOYER, Guy, "Annotation: R. v. Brown (1995)
35 C.R. (4th) 319 (Court Martial Appeal Court)", (1995) 35 Criminal Reports (4th)
319-321;
___________interesting comment by Me Guy Cournoyer regarding the
independence of military tribunals arising from the Généreux
case found in Lemieux, Louise, "Plaidoirie du caporal Généreux:
L'indépendance de la cour martiale est mise en doute", Le
Soleil, Québec, 21 décembre 1988 à la p. B-8; disponible
à http://collections.banq.qc.ca/ark:/52327/2890438
(consulté le 12 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
Guy Cournoyer est l’auteur de plusieurs
publications sur le droit pénal,
militaire et disciplinaire.
Tiphaine
Dickson, image source: https://www.linkedin.com/pub/tiphaine-dickson/9b/536/4a9,
accessed 30 March 2015
COURNOYER, Guy and Tiphaine Dickson, "Of Legal Free
Trade and Opportunity Lost: How Canadian Constitutional law could
have tipped the scales in favor of an independent military justice
system in the United States", (1994) 41 Federal Bar News
& Journal 270-281;
The Royal Military College (RMC) of Canada
COURSES, Faculty of Arts Graduate Studies
Programmes, The Royal Military College (RMC) of Canada
offers to commissioned officers of the Canadian Armed Forces and
to civilian students who are either Canadian citizens or permanent
residents, a graduate study programme leading to the following
Master's and/or Doctoral degree programmes.
- DS519 Military Law in Comparative
Perspective
Military law in Canada has evolved historically, legally, and
organizationally to meet the specific needs of the Canadian
Forces and reflect broader changes in Canadian society. This
course examines the state of Canadian military law from the
past to the present day, with particular emphasis on the
balance between operational requirements and the primacy of
civilian control in a parliamentary democracy.
"The following courses may be available by arrangement with
faculty of the Department of Defence Studies"
-DS537 Captors and Captives
This elective compares British, Canadian and Japanese
captivity experiences, with emphasis on military, leadership,
cultural, and legal dimensions. Historical illustrations
highlight timeless dilemmas useful to understanding past and
contemporary operations. Conduct will be through film,
first-hand memoirs, prominent fictional works, case studies,
and seminars.
The course uses lectures, case studies, and small group
discussions to explore the theory of command, the command
environment, decision making, negotiating, and legal
constraints in order to enhance students' overall capacity to
command. Participants apply tools to resolve command
challenges, and subject matter experts provide evaluation and
feedback based on experience and published research.
Assessment is by participation in seminars and discussions,
practical exercises and simulation, and a written essay.
This elective course provides students with interdisciplinary
intellectual frameworks for understanding and analyzing the
numerous, complex, and often emotional issues related to
genocide, including legal, political, historical,
psychological, and sociological debates surrounding the
definition, causes, and processes of genocide specifically and
mass atrocity more generally. An examination of several major
cases of genocide will provide the foundation for a
comprehensive analysis that emphasizes both international and
national dynamics, and especially 1) the historical
intersections of changing international relations, great power
politics, development, modernity, and the interstate/
intrastate armed conflict; and 2) the relationship between
ethnic inequality and violence, and the impact of nationalist
population policies. Along with case studies, more general
themes will be analyzed, namely the shifting roles of
perpetrators, bystanders, witnesses and victims, emerging
responses of the international community with respect to
genocide prevention such as the Responsibility to Protect
(R2P), existing domestic, international, and international
criminal law, and the use of courts, tribunals, and
alternative forms of justice in punishment and reconciliation,
as well as lingering questions of historical/collective memory
and genocide denial.
The course uses lectures, practical exercises, case studies,
and small group discussions to explore the theory of command,
the command environment, principle-based decision making
including negotiating and alternative perspectives, law of
armed conflict, and Canadian Defence Management to enhance
students' overall capacity to command. Participants apply
decision-making tools to resolve command challenges, and
subject matter experts provide evaluation and feedback based
on experience and published research. Assessment is by
participation in seminars and discussions, practical exercises
and simulation and a written essay.
A comprehensive study of the international laws and policies
regulating air, space, and cyber military operations. The
first part of the course will review principles of public
international law. Topics covered in the first part are: the
formation of international law, subjects of international law,
the UN system, the use of force. The second part of the course
will concentrate on the laws applicable to military air
operations. Topics covered in the second part are: the
definition of national air space, international air space, the
issue of Canadian northern sovereignty, the legal status of
military aircraft, air operations ROE, UN air operations,
reconnaissance flights, and interception of aircraft. The
third part of the course will concentrate on military space
operations. Topics studied in the third part are: space law
treaties, UNCOPUOS, remote sensing, US commercial regulations
on remote sensing, the RADARSAT projects, the projection of
force to, in, and from space, and the military/commercial
interface. The fourth part of the course will cover the topic
of information and cyber military operations.
This course examines the relationship between the news media
and the military within the broader context of the pervasive
presence of mass media of communication in the political and
cultural realms. A critical personal inventory of the
students- habits as mass media consumers forms the basis for
the course and for each class. The course studies the rhetoric
of mass media communication from Plato to today before
shifting focus to an investigation of the newsroom, the
business and marketing pressures affecting its operation, and
the constitutional and legal rights and responsibilities
related to freedom of the press. Students will survey and
examine in detail examples and case studies of the evolving
relationship between the news media and the military in Canada
and elsewhere. The aim of this course is to enable students to
critically analyze various print and electronic news products,
including their modes and styles of presentation, and to
evaluate their relationship to the military.
The course examines the evolution and state of civil-military
relations in Canada, with a particular emphasis on
contemporary trends and issues. The course explores the
mechanisms of civil control of the military to develop an
understanding of the shared responsibility between civilian
leaders and military officers. The evolution of civil-military
relations in Canada is reviewed, as well as an examination of
the complex structure of decision making for defence issues.
The last part is devoted to the unique relationship between
the Canadian military, the government and society in a post
9/11 world.
This Seminar course examines the civil-military relationship
of selected major Powers since 1815. Reading and discussion
will probe the influence of political control over the size,
disposition, and strategic use of armed forces, the influence
of the military in making national policies, legal and
constitutional questions arising out of the relationship of
the armed forces to civil authority, and the bureaucratic
structure of defence organizations and their relationship to
the domestic and foreign policies of the governments they
serve. In this, the changing economic, political, social and
technological milieu, which affected the civil-military
dynamic, will be an important consideration. Each year the
course will be structured around a unifying theme. Some of
these include the development of national strategy, the rise
and fall of states, strategic studies and the problem of power
and war planning in peacetime.
The RMC of Canada Senate is the governing body for academic
regulations for the RMC of Canada-CFC Joint Programmes. The
RMC of Canada-CFC Inter College Committee (ICC) will govern
the application of the regulations of this programme. The
Graduate Studies Committee with the assistance of the War
Studies Committee, the Defence Studies Department and the
Business Administration Department are responsible for the
administration, course approval, and management of their
respective degree programmes.
Appraisal
For the purposes of these academic programmes, CFC is
considered a campus of RMC of Canada. Therefore, as part of
the RMC of Canada academic offerings the RMC of Canada-CFC
Joint Programmes are subject to periodic review by the Ontario
Council of Graduate Studies (OCGS). (source: https://www.rmcc-cmrc.ca/en/registrars-office/rmc-canada-cfc-joint-programmes,
accessed 27 March 2017)
COURT MARTIAL APPEAL COURT OF CANADA, from the Honourable B.
Richard Bell, Chief Justice, "Notice to the Profession: Access to
Digital Audio Recordings of Court Martial Appeal Court of Canada
Proceedings", 23 February 2017; available at http://www.cmac-cacm.ca/bulletins/notices/DARS_eng.pdf.
(accessed 11 December 2017);
As of February 23, 2017, the Court Martial
Appeal Court of Canada will create and keep an audio
recording of all hearings using a digital audio recording
system (DARS). This does not apply to hearings
by teleconference, which may be recorded in the Court’s
discretion.
Copies of the audio recording of a proceeding will be made
available to the parties upon request. Media
organizations and members of the public will be
authorized, upon request, to listen to an audio recording,
if they were entitled to be present in the courtroom for
that proceeding. A court order is required before
media organizations and members of the public are able to
obtain a copy of an audio recording.
---- Images are from
the articles
___________"Right of Appeal: Information for members of the Canadian
Forces brought before Courts Martial", (2003) 1 JAG Newsletter
-- Les actualités 24-26; FRANÇAIS : ___________"Droit d'appel: Information aux membres des Forces
canadiennes traduits en cour martiale", , (2003) 1 JAG
Newsletter -- Les actualités 26-28;
COURTS-MARTIAL TRANSCRIPTS, availability, see Annual Report
Information Commissioner 1997-1998, Ottawa, 1998, 76 p.,
at p. 13, ISBN: 0-662-62391-6; available at (accessed 16
November 2017); research note to find source use http://webarchive.bac-lac.gc.ca/?lang=en
(not working at this moment);
13
National Defence (ND)
It is especially heartening to report that ND, too, has
taken the problem of delay by the horns and
is making a good faith effort to wrestle it to the ground.
The commissioner’s audit, reported here
last year, showed that there were a myriad of issues to be
faced by ND in order to solve delays.
The historic culture of secrecy (“loose lips sink ships”),
a siege mentality when it comes to
criticism from the outside, a complex and cumbersome
approval process, widespread
ignorance of the law among employees, poor communication
with requesters, strained
resources and inadequate monitoring and reporting of
performance—all these factors have been
faced
up to by ND. Here are some highlights of the corrective
steps ND is taking:
....
The feasibility is being studied of placing other
frequently requested records, such as
call-ups, Challenger flight manifests and significant
incident reports, on the Internet.
Electronic versions of
court martial
transcripts are now available in
ND’s public reading rooms.
[research note: probably available to the
JAG officers or the Chief Military Judge -- F. Lareau,
16 November 2017]
COUTU, Frédérik, La gouvernance de James Murray pendant le régime
militaire dans le gouvernement du Québec, 1760-1764, maîtrise
en Histoire, Université du Québec à Montréal, 2012; disponible
à https://histoire.uqam.ca/upload/files/Frederik%20Coutu.pdf
(vérifié le 29 juin 2012);
Denis Couture, 22 April 2004, photo reproduced from JAG
Newsletter, volume 1, 2004 at p. 6
COUTURE, Denis, "Aide-Memoire on Conduct of Summary
Trials for Commanding Officers & Delegated Officers Canadian
Forces", 3rd revised edition by Lieutenant-Colonel D. Couture,
Director of Law/Defence and Training, Office of the Judge Advocate
General, May 1991, various pagings, entered as exhibit P-107 at the
Hearings of the Commission of Inquiry into the Deployment of the
Canadian Forces in Somalia, February 21, 1996; 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, supra; 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, supra, pièce
P-107; also in in Office of the Judge Advocate General, Summary
Trial Working Group, Summary Trial Working Group Report,
Ottawa, 2 March 1994, 2 volumes, at volume 2, Appendix I; available
at Annex G to L;
François Lareau obtained a copy of these two volumes in two pdf
files with Department of National Defence, Acess to Information and
Privacy's letter dated 28 June 2012, file A-2012-00340 to François
Lareau;
___________avocat/lawyer, membre du Barreau du Québec depuis 1974,
officier légal, membre du cabinet du Juge-avocat-général,
participated in a multitude of courts martial; in 1999 was the new
Director of Defence Counsel Services (DDCS); special advocate under
the Refugee Protection Act;
The purpose of this contribution was to reimburse
Denis Couture for activities undertaken by him in his role as
a Special Advocate
in the matter of the reasonableness hearing of Adil Charkaoui,
Federal Court file number DES-4-08.
___________note on Denis Couture who is a member of the Special
Advocates:
List of Persons Who May Act as Special Advocates
Pursuant to s.85(1) of the Immigration and Refugee
Protection Act, the Minister of Justice establishes
a list of persons who may act as special advocates and may
amend the list when deemed necessary. The list of persons,
their city of practice, and year of call to the Bar
follows:
Eight senior lawyers who are security-cleared to
challenge classified evidence in closed-court terrorism
cases have added their voices to a chorus
calling for changes to the government’s anti-terror bill.
......
The eight lawyers have first-hand knowledge of CSIS’
activities in national security cases; all are “special
advocates” on a roster approved by the
federal justice department, and are appointed by Canadian
courts to ensure top secret evidence is properly tested when
Ottawa seeks to deport terror suspects.
......
The submission was made on behalf of lawyers Gordon Cameron,
Paul Cavalluzzo, Paul Copeland, Denis Couture, François
Dadour, Anil Kapoor,
John Norris and Lorne Waldman. The Conservative-dominated
committee denied their request to testify.
___________note on Couture, Lieutenant Colonel Denis, see
McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military
Lawyers, Ottawa : Office of the Judge Advocate General, c2002,
at p. 159, available at 103-242;
aussi publié en français;
___________on Denis Couture, see Christin Schmitz, "Independence
controversy swirls around new special advocates", The Lawyers
Weekly, March 28, 2008 and available at https://www.justiceforharkat.com/news.php?extend.2729
(accessed 13 April 2020);
___________photos of Denis Couture with others:
From the left, the first three persons: Margaret Ann
Macdonald,
Denis Couture and my wife, Gisèle Lareau, Lahr,
Federal
Republic of Germany, circa 1982 (photo
taken by
François Lareau).
Members
of the Canadian Forces
at the Commission of
Inquiry, October 1995,
from
the left Kim Carter and
Denis Couture
Image
source: cbc.ca/news/politics/military-police-complaints-afghan-detainees-1.3306702,
accessed 26 May 2016
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
___________"Report of the Director of Defence counsel Services
[Lieutenant-Colonel Denis Couture]", Appendix 1, at pp. 115-122, in
National Defence, Annual Report of the Judge Advocate General to
the Minister of National Defence on the administration of military
justice in the Canadian Forces: A Review from 1 April 2000 to 31
March 2001, ISBN 0-662-65846-9; available at http://publications.gc.ca/collections/Collection/D1-16-2001E.pdf
(accessed 16 September 2018); en français à http://publications.gc.ca/collections/Collection/D1-16-2001F.pdf;
[source:
rabble.ca/babble/national-news/so-called-quotterroristquot-adil-charkaoui-freed-bail,
accessed 16 September 2018]
Pressing (and holding) the Ctrl
key and scrolling the wheel
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___________Testimony before the Standing Committee on Legal and
Constitutional Affairs, to which was referred Bill S-10, to amend
the National Defence Act, the DNA Identification Act and the
Criminal Code, met this day, 8 December 1999, at 3:30 p.m. to
give consideration to the bill, available at http://www.parl.gc.ca/Content/SEN/Committee/362/lega/05ev-e.htm?comm_id=11&Language=E&Parl=36&Ses=2
(accessed 28 December 2015);
Source of
image: search.bcarchives.gov.bc.ca/george-h-cowan-m-p, accessed 22
July 2018
COWAN, George H. (George Henry), 1858-1935, member of the JAG
branch during WW I, see The Globe, Toronto, 22 November
1917, at p. 2 (accessed 27 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
Image
source: en.wikipedia.org/wiki/Andrew_Coyne,
accessed 4 July 2017
Andrew Coyne
COYNE, Andrew, "Somalia affair isn't a military scandal -- it's a
political one", 6 July 1997, Toronto Star, p. F3;
Although the Canadian military has been conducting
sexual assault trials for over twenty
years, there has been no academic study of them and no
external review of them. This
review of the military’s sexual assault cases (the first
of its kind) yields several important
findings. First, the conviction rate for the offence of
sexual assault by courts martial is
dramatically lower than the rate in Canada’s civilian
criminal courts. The difference
between acquittal rates in sexual assault cases in these
two systems appears to be even
larger. Since Operation Honour was launched in 2015 only 1
soldier has been convicted
of sexually assaulting a female member of the Canadian
Armed Forces by Canada’s
military legal system. (One other conviction was
overturned on appeal and is pending
before the Supreme Court of Canada.) In addition, plea
bargains in which accused
individuals can avoid Criminal Code convictions by
pleading guilty to military specific
discipline offences like drunkenness and disgraceful
conduct have been used in some
cases involving aggressive sexual attacks. Sanctions for
even these serious sexual
attacks involved fines and reprimands. Last, the decisions
of military judges in
some cases suggest a critical failure to recognize the
Canadian military’s culture
of hostility to women documented in the Deschamps Report.
Together these findings
raise the following question: regardless of the outcome of
the current constitutional
challenge to courts martial proceedings in Canada (in R v
Beaudry), should the
military’s legal system continue to maintain jurisdiction
over sexual assault cases?
___________on CRAIG, Elaine, and her article "An Examination
of How the Canadian Military’s Legal System Responds to Sexual
Assault", supra, see blog by DRAPEAU, Michel, "How the
Canadian military's justice system responds to sexual assault? Does
it?", Global
Military Justice Reform web site, blog, 28 October 2020,
available at https://globalmjreform.blogspot.com/2020/10/how-canadian-militarys-justice-system.html
(accessed on 29 October 2020);
___________on CRAIG, Elaine, see her participation in the CBC TV
program The Fifth Estate, part of the program called "Broken
Honour", broadcast date 11 March 2021, Episode --SEason 46, at
37:21 of 45.10, available at https://www.cbc.ca/fifth/episodes/2020-2021/when-police-dont-knock-broken-honour
(accessed 14 March 2021);
CRAIG, J., Major, legal officer, see "Major J. Craig, Toronto", The
Globe and Mail, 2 June 1945 at p. 2, available at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....,
accessed 22 June 2020;
CRAIG, P., Major, Legal officer with the OJAG, represnted the
Director of Military Prosecutions with Lieutenant (N) J. Besner in
Alix B.L. (Petty Officer 1st Class), R. v., 2019 CM 2023 (CanLII),
<http://canlii.ca/t/j4z6v>;
Me Roger Craig, C.R.
CRAIG, Roger O., 1913-1994, membre du Barreau du Québec et officier
de l'armée canadienne, département légal, de 1942-1946, voir Me
J.-A. Fortin, Biographies canadiennes-françaises, 19e
édition, Montréal, 1963, aux pp. 198-199, disponible à http://collections2.banq.qc.ca/jrn03/biographies_cafr/src/1963/170678_1963.pdf
(consulté le 11 août 2018) ; marié en 1943 avec Jacqueline Fraser,
1917-2011; juge aux Sessions de la Paix;
___________sur Roger Craig, voir "Promotion", La Presse,
Montréal, jeudi, 15 novembre 1945 à la p. 7, disponible à (consulté
le 20 février 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
___________sur Roger Craig, voir son avis de décès dans La
presse, Montréal, 5 avril 1994, à la p. E-7; disponible au
permalien http://collections.banq.qc.ca/ark:/52327/2177571
, site consulté le 16 juin 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
CRANKSHAW, John E., Canada Privy Council, Emergency laws, orders
and regulations of Canada : being all orders-in-council,
proclamations, orders and regulations of general civilian
interest, made under authority of the War measures act,
Toronto : R. DeBoo, 1942-, v. (loose-leaf);
CRAWFORD, E.H. (Edward Hugh Martin), born in Newfoundland,
1894-1972, Wing Commander, AJAG No. 2, Air training Command,
see untitled article in The Winnipeg Tribune, Thursday, 23
November 1944 at p. 17, available at
https://www.newspapers.com/...., accessed 21 May 2020;
His name was Edward Hugh Martin Crawford
and he was born in Newfoundland in 1894.
My grandfather didn't speak until he was seven years old -
and as family history retells it,
his first word was actually a full sentence. He
was a brilliant student, leading his classes
in academic achievement and earning the Rhodes
Scholarship in 1914. He studied law
at Oxford University and flew for the RCAF in World War II
from 1941-1946.
When he returned to Canada after the war, he brought home an
MBE (Member, Order
of the British Empire), a serious alcohol addiction(which he later overcame), and
experiences never shared with us.
....
"CRAWFORD, W/C Edward Hugh Martin (C5251) - Member, Order of
the British
Empire - No.2 Air Command Headquarters - Award effective 13
June 1946 as per
Canada Gazette of that date and AFRO 660/46 dated 5 July
1946.
Born in Newfoundland. Home
in Winnipeg; enlisted there 10 May 1941 in
Administration Branch; appointed Flying Officer, 14 June
1941. At No.7 AOS as
of 18 September 1941. Promoted Flight Lieutenant, 25 March
1942. To AFHQ,
30 June 1942. Appointed Judicial Officer, No.2 Training
Command, as per RCAF
Routine Order 1731 dated 30 October 1942. Promoted
Squadron Leader, 1 February
1943. To Northwest Air Command, 31 May 1944. To No.2
Training Command
Headquarters, 2 September 1944. Promoted Wing Commander, 1
November 1944.
To No.5 Release Centre, 5 January 1946. Retired 14 January
1946. Award presented
30 October 1948.
[Excerpts]
___________on CRAWFORD, Edward Hugh Martin, see by Gordon
Goldsborough, "Memorable Manitobans: Edward Hugh Martin Crawford
(c1894-1972)", available at http://www.mhs.mb.ca/docs/people/crawford_ehm.shtml,
accessed 16 June 2020;
Born at Benton Harbor, Newfoundland around 1894,
he attended
Oxford University as a Rhodes Scholar for Newfoundland,
receiving
a BA degree in Jurisprudence, Bachelor of Civil Law, and
Master of
Arts. He came to Winnipeg
and called to the Manitoba Bar in 1921.
He practiced law at St.
James until his death and was made a King’s
Counsel
in 1941. During the Second World War, he served in the Royal
Canadian
Air Force, being discharged a Wing Commander in 1946 and
receiving the MBE
(Military) Medal. Active in the community, he was
President of the
Caledonians (1932), President of the Civic Caledonian
Curling Club (1938-1940),
and Master of the Meridian Lodge No. 140 AF
& AM. He was also President of
the St. James Kiwanis (1964) and Chairman of the
Metropolitan Board of Adjustment
(1961-1971). He was a candidate in the 1957
federal general election but was
defeated by Gordon
Chown. He died at the Grace
Hospital on 28 May 1972 and was
buried in the Brookside
Cemetery.
CREIGHTON, Geoffrey, "Superior orders and Command Responsibility in
Canadian Criminal Law" (1980) 38 University of Toronto Faculty
of Law Review 1-32;
___________on CREELMAN, John Jennings, 1881-1949, see CRAIG Leslie
Mantle, Stripes, Pips and Crowns: A Preliminary Study of
Leader-Follower Relations in the Canadian Expeditionary Force
during the First World War, 1914-1918, thesis for the degree
of doctor of Philosophy, Centre for military and Strategic Studies,
Calgary, November 2013, available at https://prism.ucalgary.ca/bitstream/handle/11023/1169/ucalgary_2013_mantle_craig.pdf?sequence=2&isAllowed=y
(accessed 29 March 2019);
___________on CREELMAN, John Jennings, 1881- 1949, see MONTREAL
From 1535 to 1914 BIOGRAPHICAL,
VOLUME III
THE S. J. CLARKE PUBLISHING COMPANY
MONTREAL VANCOUVER CHICAGO 1914,
available at http://www.crlearning.org/files/HTML/72000/72064-0000.html
(accessed 29 March 2019);
JOHN JENNINGS CREELMAN.
The life work of John Jennings Creelman has brought him
into close connection with the general
interests of society as affected by legislative procedure,
by activity at the bar and by educational
interests. In the year 1913 he was appointed lecturer upon
railway economics in McGill University
and sustains that relation to the present time. Born in
Toronto on the 14th of February, 1881, he is
a son of Adam R. and Margaret Cumming (Jennings) Creelman.
The former was a son of James
Creelman, whose father came from Ireland in childhood and
settled in New Brunswick in 1790.
Adam R. Creelman, preparing for the bar, was created
king’s counsel, gained distinction as a
member of the legal profession and in 1900 was made
general counsel of the Canadian Pacific
Railway Company. He married Margaret Cumming, daughter of
Rev. John Jennings, D. D., the
first Presbyterian clergyman from Scotland to settle in
Toronto, which city was then known as Little
York.
Born and reared in Toronto, John J. Creelman attended the
public schools and Upper Canada College
where, upon his graduation in 1900, he won the governor
general’s medal. His classical course was
pursued in the University of Toronto, from which he
graduated with the Bachelor of Arts degree in
1904. His legal training was received in McGill
University, where he was created B. C. L. in 1907.
The same year he pursued a special course in the
University of Grenoble, after which he entered upon
the active work of his profession as advocate and
solicitor. Not only did he secure an extensive and
important clientele but he also became an active factor in
political circles through his appointment in
1908 as parliamentary secretary to the chairman of the
committee upon banking and commerce in the
Canadian senate. He is a member of the law firm of
Casgrain, Mitchell, McDougall & Creelman.
His invested interests also indicate extensive and
important connection with commercial and industrial
activities. He is now a director of the Canadian British
Insulated Company, Limited; the Chamberlain
& Hookham Meter Company, Limited; the Lancashire
Dynamo & Motor Company of Canada, Limited;
the Canadian Union Electric Company, Limited; and Fraser
& Chalmers of Canada, Limited. He is
likewise vice president of E. M. Sellon & Company,
Limited. His varied activities have made him a
close and interested student of the signs of the times,
with a ready and accurate understanding of cause
and effect in many of the great vital and significant
problems before the country. His researches and
logical deductions in the field of transportation have
made him an authority upon the subject of railway
economics and by reason thereof he was appointed lecturer
on that subject for McGill in 1913. In this
connection he has become a member of the Canadian
Institute and of the National Tax Association.
The spirit of progress which has actuated his entire life
has been equally strongly manifest in his military
connections. In 1895 he was a member of the Upper Canada
College Rifle Company; in 1899 a trooper
in the Governor General’s Bodyguard of Toronto, of which
he became a lieutenant in the following year.
In 1905 he was transferred to the Third “Montreal” Field
Battery and in 1909 was commissioned major
in command thereof. In 1912 he became lieutenant colonel
in command of the Sixth Brigade, Canadian Field
Artillery, and in 1911 he represented Canada on the
coronation contingent at the coronation of King George
V. From 1911 until 1914 he has been a member of the
executive of the Canadian Artillery Association. In
1913 he passed the militia staff course. He is upon the
council of the Montreal Reform Club and is a liberal
in his political views.
At Galveston, Texas, on the 24th of June, 1908, Mr.
Creelman was united in marriage to Miss Katharine M.
Weekes, a daughter of Nicholas Weekes, a confederate
veteran of the Civil war, and at one time a railroad
president and banker of Galveston. Mrs. Creelman is a
graduate of the Bishop Strachan School of Toronto
and by her marriage has become the mother of a son, John
Ashmore Creelman, representative of the family
in the fifth generation in Canada. Mr. and Mrs. Creelman
hold membership in St. Paul’s Presbyterian church
of Montreal, and he is a prominent club man, belonging to
the University, Engineers, Royal Montreal Golf,
Thistle Curling and Canadian Clubs of Montreal; the
University and Military Clubs of Toronto; and the
Junior Army and Navy Club of London, England. In addition
to a residence in Montreal he has a country
home at Mont Tremblant, where the summer seasons are
spent.
___________sur CREELMAN, John Jennings, 1881-1949, avocat de
la défense dans la cour martiale du sergent Roberts, voir "Une
grave accusation: le sergent Roberts de la police militaire est
inculpé d'avoir reçu de l'argent pour des exemptions et subit son
procès en cour martiale", Le devoir, Montréal, mercredi, 11
décembre 1918, à la p. 3; le capitaine Alban Germain pour la
poursuite et le Gosselin, Louis comme juge-avocat ; disponible
à http://collections.banq.qc.ca/ark:/52327/2800192
(vérifié le 14 mars 2019);
CRESTOHL, Max Nathan Zion, officier juridique, gradué de
l'Université McGill, voir "...Inauguration d'un service juridique
dans la troisième région d'avaiation...Service juridique", Le
devoir, mardi 26 janvier 1943, at p. 2; available
at http://collections.banq.qc.ca/ark:/52327/2804853
(accessed 20 August 2018);
___________on CRESTOHL, Max Nathan Zion, see also Jean-Jacques Lefebvre et Bernard Fournier,
"CRESTOHL, Max Nathan", Revue du Barreau 1957, pp. 298-299;
****
___________on CRESTOHL, Max Nathan Zion, see following images:
MAX CRESTOHL PRIZE–
Established in 1959 under the will of the late Max Nathan
Zion Crestohl, Q.C., B.A.
(1923). Awarded to the student who has
submitted the best written contribution to the
McGill Law
Journal/Revue de droit de McGill. Value: $350
___________sur CRESTOHL, Max Nathan
Zion, voir aussi: "Service juridique de l'aviation", La
presse, Montréal, lundi, 25 janvier 1943 à la 17; contient
des photos et des notes biographiques; disponible au permalien http://collections.banq.qc.ca/ark:/52327/2962059,
site consulté le 24 février 2020;
CROCCO, Patrick, "Elections, Canadian Forces electors and statements
of ordinary residence" (July/Juillet 2007) Sword&
Scale -- Salut militaire; available at http://www.cba.org/CBA/newsletters/mil-2007/news.aspx#top
(accessed
on
25 April 2012); FRANÇAIS: CROCCO, Patrick, "Élections, électeurs des forces canadiennes
et déclarations de résidence habituelle" (July/Juillet 2007) Sword& Scale -- Salut militaire; disponible à http://www.cba.org/abc/nouvelles/mil-2007/nouvelles.aspx#article3
(site visité le 25
avril 2012);
___________CROCCO, Patrick, Counsel and Special Advisor to the
Deputy Assistant Deputy Minister, see http://www.goc411.ca/13848/Patrick-Crocco
(accessed 18 February 2019);
___________notes on CROCCO, Patrick:
Alta Studia Heraldica The
Scholarly Journal of theRoyal Heraldry
Society of Canada--La revue savante
de la Société royale héraldique du Canada
ASSOCIATE EDITOR–ÉDITEURADJOINT Patrick T. CroccoBA
(Brock), LLB (Ottawa), MSc (LSE), LLM (Lond.),
Barrister and Solicitor, Member of the Law Societies
of Upper Canada and of England & Wales,Counsel to the Federal
Department of Justice, Reserve Legal Officer (Major) with the Office of
the Judge
Advocate General for the Canadian Forces.
CROFT, M. Croft, S. Hobson, D. Oliver, ‘Information warfare:
media-military relations in Canada’, workshop report, The Norman
Paterson School of International Affairs/Carleton University,
occassional paper nr. 20 (Ottawa, 1999) 16; title noted in my
research but article not consulted yet (25 August 2019);
-------
----------------
Steph Crosier, the
author
Captain Michael Gough,
student-at-law Capt
Marc-Antoine Sigouin, student-at-law
of the article
Image source: ca.linkedin.com/in/michael-gough-7a679a31
Image source:
https://ca.linkedin.com/in/marc-antoine-sigouin-08a2055a
The prosecution team was composed of
Capt Michael Gough and Capt Marc-Antoine Sigouin with
Lieutenant-Colonel Tony Tamurro
CROSIER, Steph, "Cadet pleads guilty to disgraceful behaviour
charge", thewhig.com, Kingston Whig Standard, 15 September
2017; available at http://www.thewhig.com/2017/09/15/cadet-pleads-guilty-to-disgraceful-behaviour-charge
(accessed 19 September 2017); the accused was Officer Cadet Oscar
Morgado, the military judge, Commander Martin Pelletier;
defence counsels were retired major David Hodson and Diana Mansour;
CROWE, J.-Alfred ("Fred"), 1910-23 janvier 2004, "Droit militaire
canadien", (1958-59) Revue juridique Thémis 81-88; note:
l'auteur est le père du LCol Michel Crowe, infra, un
ancien du JAG lui ausi!; après les forces, J.-Alfred Crowe
devint l’honorable Juge à la Cour du Québec (connu sous le
nom de cour provinciale à cette époque);
____________article sur le lieutenant-colonel J.-E. Alfred
Crowe, "Des nominations", Le soleil (Québec), jeudi, 29
octobre 1953, à la p. 36; disponible à http://collections.banq.qc.ca/ark:/52327/3172697
(vérifié le 1er avril 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
____________article sur le major Alfred Crowe: "Causerie du major
Crowe", Le soleil (Québec), jeudi 18 novembre 1943
à la p. 18; disponible à http://collections.banq.qc.ca/ark:/52327/3438949
(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
___________Captain Alfred Crowe was the prosecutor in the general
court martial referred to in the following article: "Soldier
Murder Case Decision To Be Announced", Globe and Mail,
1946/05/29; available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5028160
(accessed 30 August 2018); Capt. Major J.C.A. Campbell was defence
counsel and Major E.D. Lee was the JAG; insanity case; very
interesting legal case on the law of insanity and correct position
taken by prosecutor;
__________Major Crowe, J.A., was the Judge Advocate in the
court martial referred to in: "Name Membes of Court Martial On 3
Canadians", The Globe and Mail, 22 August 1951, 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
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Source: ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca....,
accessed 30 November 2018
___________on CROWE, Alfred, the judge-advocate in "Mock Court
Martial: Rampaging 'Cpl Nault' Receives Army Justice", Thee
Gazette, Montreal, 14 March 1957, available at
https://www.newspapers.com/image/...., accessed 27 June 2020;
Pressing (and holding) the Ctrl
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___________on CROWE, Alfred, see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa
: Office of the Judge Advocate General, c2002, at p. 82 and 209,
available at i-xii
and 1-102 and 103-242;
___________on CROWE, Alfred, LCol, see "Payment approved",
The Leader-Post, Regina, 13 August 1953 at p. 8, available
at https://www.newspapers.com/...., accessed 25 May 2020;à
Pressing (and holding) the Ctrl
key and scrolling the wheel
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CROWE, Michel, "After Action Report OP RECUPERATION", (May/June
1998) 3 JAG Newsletter --Bulletin d'actualités; 9 pages
___________bibliographical notes:
Michel Crowe a été nommé membre
à temps partiel du Comité le 28 février 2003. Il a fait ses
études de droit à l'Université de Montréal
avant d'être admis au Barreau du Québec en 1968. Il a servi
dans les Forces armées canadiennes de 1962 à l'an 2000,
d'abord pendant
cinq ans dans la Force de réserve, au Corps-école des
officiers canadiens, puis au Régiment Les Fusiliers
Mont-Royal comme officier
d'infanterie. Il a ensuite rejoint la Force régulière en
1967 à titre d'avocat militaire au cabinet du Juge-avocat
général (JAG). Il a occupé
le poste d'assistant du Juge-avocat général à Lahr
(Allemagne) et dans la province de Québec. Me Crowe a été
conseiller devant la Cour
d’appel de la cour martiale du Canada et a dirigé plusieurs
sections du bureau-chef du Juge avocat général, au quartier
général de la
Défense nationale. Il a également été conseiller juridique
pour SHAPE (Supreme Headquarters Allied Powers Europe),
participant à
plusieurs négociations internationales au sein de l'OTAN
(Organisation du traité Nord-Atlantique). Il a enseigné le
droit civil et le droit
de la guerre au Collège Militaire Royal de
St-Jean-sur-Richelieu (Québec) et continue d’enseigner le
droit militaire. Tout au long de
sa carrière militaire, Me Crowe a conseillé la chaîne de
commandement relativement aux griefs soumis par les
militaires et est
médiateur agréé par le Barreau du Québec.
(Source: http://kuny.ca/temp/documents/AR2004-f.pdf
site visité le 28 mai 2014)
....
Michel Crowe was appointed as a part-time Member of the
Board on February 28, 2003. He studied law at the University
of Montréal
before being called to the Bar of Quebec in 1968. He served
in the Canadian Armed Forces from 1962 until 2000, first
with the reserve
force for five years in the Canadian Officer Training Corps
and as an infantry officer in the Régiment des Fusiliers
Mont-Royal. He then
transferred to the regular force as a military lawyer with
the Office of the Judge Advocate General (JAG) in
1967. He served as Assistant
Judge Advocate General in Lahr, Germany, as well as in the
province of Quebec. Mr. Crowe appeared as counsel before the
Court Martial
Appeal Court and headed several subdivisions of the JAG head
office at National Defence Headquarters. He also served as
legal advisor
for Supreme Headquarters Allied Powers Europe, participating
in several international negotiations with NATO. Mr.
Crowe taught civil
law and the laws of war at the Royal Military College of
Saint-Jean-sur-Richelieu, Quebec, and continues to teach
military law. Throughout
his military career, he has counselled on military
grievances and is accredited as a mediator by the Bar of
Quebec.
(Source: http://kuny.ca/temp/documents/AR2004-e.pdf,
accessed on 28 May 2014)
___________on CROWE, Michel, see also McDONALD, R. Arthur, (Ronald
Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office
of the Judge Advocate General, c2002, at p. 104 and 150, available
at
103-242;
Mr. Crowe is a Canadian Armed Forces Veteran,
where he was a member of the Judge Advocate General’s
Office. He served
as legal advisor to the Last Post Fund (LPF) by assisting
Veterans across Canada with Veterans Affairs Canada’s
Funeral and
Burial Program. Mr. Crowe also volunteers his legal advice.
From 2005 to 2011, he was an honorary member of the
Executive
Committee and the Governing Council of the LPF that aims to
provide a dignified funeral to Veterans in need and to
commemorate the contributions of Canada’s Veterans. He
remains a member of the Quebec chapter of the LPF, where he
serves on the Board of Directors and as Secretary for the
Council and the Executive Committee. Mr. Crowe is Chair of
the Fusiliers Mont-Royal
Regiment Officers’ Club. He is responsible for the club
activities and support to the regiment. He is
also a member of the Montréal Division of the Corps of
Canadian Commissionaires. As a member of the Executive and
the
Board of Governors, he has enabled the board to provide
meaningful employment for Veterans.
------
Monsieur Crowe est un vétéran des Forces armées canadiennes
où il était membre du Cabinet du Juge-Avocat Général. Il a
servi comme conseiller juridique au Fonds du Souvenir pour
aider des vétérans de partout au Canada à l’égard du
Programme
de funérailles et d’inhumation d’Anciens Combattants Canada.
M. Crowe offre aussi bénévolement des conseils juridiques.
De 2005 à 2011, il était membre honoraire du comité de
direction et du conseil d’administration du Fonds du
Souvenir, qui
vise à offrir des funérailles dignes aux vétérans dans le
besoin et à commémorer les contributions des vétérans du
Canada.
Il est encore membre de la filiale de Québec du Fonds du
Souvenir, siègeant au conseil d’administration et agissant
comme
secrétaire du conseil et du comité exécutif. M. Crowe est
président du Club des Officiers du Régiment Les Fusiliers
Mont-Royal.
Il assure la bonne marche des activités de cet organisme et
du support au régiment. Il est aussi membre de la division
de
Montréal du Corps canadien des commissionnaires, où il sert
comme membre du comité de direction et du Conseil
d’administration.
Il a d’ailleurs permis au conseil de trouver des emplois
valorisants pour des vétérans.
CROWLEY, James A., Borden: Conscription and union government,
Thesis presented to the Faculty of Arts of the University of
Ottawa through the School of Graduate Studies as partial
fulfilment of the requirements for the degree of Doctor of
Philosophy, Toronto, 1958, viii, 401, [3]eaves; available at https://www.ruor.uottawa.ca/handle/10393/20873
(accessed 14 June 2016);
CRUMLEY, D.M., Lt(N), lawyer, received the Judge Advocate
General's Legal Branch membership coin number 208 (qualified
on 3 April 2008), see http://www.lareau-law.ca/Coin2016.pdf
(accessed 25 September 2020);
OTTAWA - The Canadian government has shelled out
more than $1 million in goodwill payments to compensate
hundreds of Afghans for deaths and damages incurred over the
course of Canada's mission in Afghanistan.
......
The Canadian military accepts documents signed by local
elders as proof in claims, but there must be evidence that
Canadian troops were responsible. Canada also compensates
for harm done during joint operations with the Afghan
National Army when it is unclear which force is
responsible.
All payments are made in Afghanis, the local currency.
Sums greater than $2,000 need the approval of the deputy
minister of defence.
Jonathan Chaplan, a Justice Department lawyer, oversees
all ex-gratia payments. Judge Advocate General lawyers
on the ground determine how much to pay out.
"At the end of the day, you try to be fair and to
determine what's reasonable in the circumstances, given
that there
isn't a legal obligation," Chaplan said in an interview.
The military’s top lawyer was also on the hot seat at
committee Tuesday over a delay in reporting such allegations
to
Parliament.
The Canadian Armed Forces is three years behind in
reporting military data and criminal statistics -- including
alleged
sexual assaults reports -- to the defence minister.
Brig. Gen. Blaise Cathcart, the judge advocate-general,
said he took full responsibility for not filing the reports,
which
is supposed to take place each year.
“They are being worked on, they’re close to completion,
and I take the full responsibility for not meeting the
timeline
as set out to do it on an annual basis,” Cathcart said.
The revelation angered MPs, including Defence critic Jack
Harris.
“I’m quite angry to find that – from these reports – the
military hasn’t responded appropriately to individuals who
were victims,” Harris said.
Military law expert retired Col. Michel Drapeau called
Tuesday’s proceedings an “empty shell.”
“I believe every word that General Lawson said, but
General Lawson can do nothing but call for an external
review,”
Drapeau said in an interview on CTV Power Play Tuesday. “We
don’t need this, it’s been 14 years that they had the
occasion to call an external review and make changes.”
Drapeau said what was “really on the stand” at committee
was the failure of the military system to provide safety
and justice for victims.
What the committee saw instead, Drapeau said, was a “judge
advocate-general in breach of law” for not providing
statistics on sexual assault, prosecutions and convictions.
“General Lawson can only do so much, the person I hold
responsible for current state of affairs and the lack of
movement, the lack of progress, is the judge
advocate-general,” he said.
While Drapeau says he believes Gen. Lawson is being
sincere when he says military culture does not foster such
violence, he “doesn’t have the justice system to carry
through to provide the kind of punishment and investigation
to make sure there is no recurrence and that those who are
assaulters are in fact properly punished.”
Drapeau said the forces must return to a process whereby
civilian police and courts investigate and prosecute such
incidents, rather than the military.
A high-ranking military officer has launched
legal action against the Department of National Defence
and the Canadian Armed Forces,
alleging that military police were negligent in
investigating “false and malicious” sexual assault
allegations against him.
In 2015, Lt.-Col. Mason Stalker, 42, was
charged with multiple offences, including sexual assault
and sexual exploitation, involving a
military cadet in Edmonton. The charges were related
to events that allegedly took place between 1998 and 2007.
After he was charged and released on bail,
Stalker was removed from command of the Edmonton-based 1st
Battalion, Princess Patricia's
Canadian Light Infantry.
Source
of image: still picture at 1:39 of video at
http://atlantic.ctvnews.ca/arrest-warrant-issued-for-former-
Major Sara Collins, defence counsel
n-s-soldier-in-odd-court-martial-case-1.2185351, accessed 13
November 2015
CUDDY, D.J., Major, General
List, member of the OJAG, was Assistant Judge Advocate
General, see The Quarter Army List, August 1946, London:
Her Majesty's Stationery Office, at p. 175 (digitalized page
number) https://digital.nls.uk/british-military-lists/archive/90102855,
accessed 20 March 2019);
Pressing (and
holding) the Ctrl key and scrolling
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being viewed
__________ "Canadian Forces brace for
report on sexual misconduct in the ranks", CBC News -- Politics,
28 April 2015, available at http://www.cbc.ca/news/politics/canadian-forces-brace-for-report-on-sexual-misconduct-in-the-ranks-1.3052154
(accessed 25 December 2015); the article includes videos going
back to 27 May 2014, i.e. testimony of the Judge Advocate General
Blaise Cathcart (before the House of Commons Standing
Committee on National Defence and outside);
___________"Captain accused of telling troops to scare detainees
will not be tried: 1997 Haiti mission: Judge rules case took too
long to come to trial", National
Post, Dec 19, 2000, p.A4;
___________with files from Mike
Blanchfield, "Chaplain in Somalia affair not cleared: inquiry
staffer: Researcher says four reports allege impropriety", National Post, Sep 4, 1999, p.A1 /
FRONT;
"Ken Watkin, Canada's former chief military
prosecutor, said his involvement with the Afghan
detainee file was covered by solicitor-client
privilege. ((Dan Balilty/Associated Press))"
... Last November, retired brigadier-general Ken
Watkin, a former judge advocate general of the Canadian
Forces, was called to testify before the committee
as it investigated the Canadian government's
handling of Afghan detainees.
During his committee appearance, Watkin refused to answer
several questions on what he knew about the government's
detainee policies, sparking a series
of heated debates with MPs.
Watkin claimed he couldn't say whether he'd seen certain
detainee reports from the Department of Foreign Affairs.
At another point in his testimony, he
refused to say whether he had read articles in the Globe
and Mail that alleged torture and abuse of detainees.
"My involvement in this file has been as a legal adviser
to the government of Canada, and that involvement is
covered by solicitor-client privilege,"
Watkin said in response to Liberal committee
member Ujjal Dosanjh's questions. ...
A senior Canadian commando who choked and "almost killed"
a subordinate in an apparently unprovoked attack in
Afghanistan was never tried in court,
despite a confession.
CBC News has obtained exclusive details of the
little-known 2005 assault showing the warrant officer
responsible for the attack admitted to the principal
facts.
There were five witnesses to the attack, three of whom
pulled the warrant officer off his victim during the
altercation at a forward operating base in Afghanistan.
But even with those witnesses in hand, the military
never put the soldier on trial.
Instead, the case was subject to a series of court
battles between different groups of defence department
lawyers, and the man at the centre of those fights never
set foot before a judge.
....
The issue of openess became the subject of a legal fight
between the director of military prosecutions and the
chief military judge of the Canadian Forces.
Deciding that issue took until December 2006, when a
Federal Court judge dismissed a request from the director
of military prosecutions that would have
compelled the chief military judge to assign a judge to
the court martial of the JTF2 member. The chief military
judge had declined to appoint a judge in
the case because the charge sheet was classified as
secret.
....
That decision came down in December 2007, two years and
four months after the attack happened.
According to the Defence Department, the court concluded
that allowing the charge to be sealed for as long it takes
a military judge to hear a request for
confidentiality would not offend the open court principle.
Documents show that two months later, in February,
military prosecutors finally and successfully laid
criminal charges against the warrant officer. For some
reason, three months after that, prosecutors withdrew
them.
Military prosecutors withdrew the charges in 2008 because
they "no longer had a reasonable prospect of conviction,"
according to Melanie Villeneuve, a
spokeswoman with National Defence.
It's hard to imagine how that could be true, given the
warrant officer's written admissions and the presence of
five witnesses.
[Research note: case discussed in Moran, Jon, "TIME TO MOVE OUT
OF THE SHADOWS? SPECIAL OPERATIONS FORCES AND
ACCOUNTABILITY IN COUNTER-TERRORISM AND COUNTER-IN
SURGENCY
OPERATIONS", (2016) 39(3) UNSW 1239 at
1248-1249 ]
CULLEN, A.J. (Allan Joseph), from
Lethbridge Alberta, lawyer, attached to the JAG Branch,
overseas, WWII, see "Describes Work of Army's Legal Branch", The
Lethbridge Herald, Friday, 22 February 1952 at p. 7;
available at https://www.newspapers.com/..., accessed 19 May
2020;
Excerpt (rest of article does not deal with Cullen)
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__________on CULLEN, A.J., see
"Know Your Candidates--3 : A.J. Cullen For School Board Seat", The
Lethbridge Herald, Thursday, 30 September 1954 at p. 10,
available at https://www.newspapers.com/image/...., accessed 16
June 2020;
--------
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key and scrolling the wheel
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___________on CULLEN,
Allan Joseph, see "Justice Cullen Dies", Calgary Herald,
Wednesday 23 April 1975 at p. 26, available at
https://www.newspapers.com/image/...., accessed 16 June 2020;
Pressing (and holding)
the Ctrl key and scrolling the
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page being viewed
CULLITON, Edward-Milton
(E.M./Ted), 1906-1991, legal officer, JAG member, see "Un avocat
catholique à la Cour d'Appel de la Saskatchewan", L'Action
catholique, vendredi, 9 février 1951, à la p. 10,
disponible à http://collections.banq.qc.ca/ark:/52327/3525190
(vérifié le 27 janvier 2019);
Pressing (and holding) the Ctrl
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1951 - 1962 Justice of the Court of
Appeal for Saskatchewan 1962 - 1981 Chief Justice of
Saskatchewan
Edward M. Culliton was born in 1906 in Grand Forks,
Minnesota, but grew up on a farm near Elbow. He obtained a
law degree from the University of Saskatchewan in 1928. He
was admitted to the Saskatchewan bar in 1930 and established
a law practice in Gravelbourg.
In 1935, Mr. Culliton was elected to the Legislative
Assembly. Three years later, he was appointed Provincial
Secretary.
Mr. Culliton resigned from the provincial cabinet to serve
with the Canadian Army in 1941, but retained his seat in the
Legislative Assembly as a minister without portfolio. In
1944, the Liberal administration was defeated. He returned
to his law practice in Gravelbourg and in 1947 was appointed
King’s Counsel. He was re-elected in the 1948 election.
In 1951, Mr. Culliton accepted an appointment to the Court
of Appeal for Saskatchewan. In 1962 he was appointed Chief
Justice, a position he held until 1981. He showed great
leadership on the Court, was involved in the creation of the
Canadian Judicial Council, and made notable contributions to
the area of criminal law.
Chief Justice Culliton served as Chancellor of the
University of Saskatchewan from 1962 to 1968. In 1981, he
was named a companion of the Order of Canada.
Following his retirement, he issued the “Culliton Report”,
which recommended the enactment of a comprehensive access
and privacy law in Saskatchewan.
The Law Society of Saskatchewan established the “Chief
Justice E.M. Culliton Scholarship” in 1981, which is awarded
for post-graduate studies in criminal law.
The Honourable Edward M. Culliton passed away on March 14,
1991
____________ on E.M. Culliton, see " 'Dirty thirties'
produced controversial judge", Star-Phoenix,
Saskatoon, Tuesday, 4 August 1981 at p. A5; available at
https://www.newspapers.com/...., accessed 17 May 2020;
___________on Culliton, E.M., see "Formerly in Liberal cabinet,
Cullinton named to appeal court", The Leader-Post,
Regina, Saskatchewan, Monday, 29 January 1951 at p. 3, available
at https://www.newspapers.com/...., accessed 24 May 2020;
CUMNER, Sandra, "Book
Review -- Another Kind of Justice: Canadian Military Law from
Confederation to Somalia", (Winter 2001) 27(2)Armed Forces and Society: An
Interdisciplinary Journal 306-308;
Image source: twitter.com/alexsouchen/status/728651293431042050,
accessed 19 May 2018
Dr. Alyssa Cundy, the author giving a lecture
CUNDY, Alyssa, "Death or
Deliverance: Canadian Courts Martial in the Great War (Book
Review) by Teresa Iacobelli", (2016) 25(1) Canadian
Military University 4-7; available at http://scholars.wlu.ca/cgi/viewcontent.cgi?article=1805&context=cmh
(accessed 8 January 2018);
CUNLIFFE, Donald Moore, Q.C., 1924-1988,
lawyer, served with the JAG "Department", see his death notice in
The Province, Vancouver, Sunday, 15 May 1988 at p. 88,
available at https://www.newspapers.com/...., accessed 21 June
2020;
-----
source
of image:
http://www.rootsweb.ancestry.com/~nbpennfi/penn8b1PPMHS_Service2010.htm,
accessed 3 June 2016
L.W.F. Cuppens
Federal Crown prosecutors Doug
Curliss and Lynn Hintz,
photo: Jason Warick/CBC Source: cbc.ca/news/canada/saskatoon/saskatchewan-is-a-bit-safer-today-project-forseti-concludes-to-mixed-reviews-1.4704848,
accessed 15 August 2018
CURLISS,
Douglas, Major, legal officer, member of the OJAG, counsel for the
Canadian Military Prosecution Service in the case of Cheston S.A.
(Ex-Corporal), R. v., 2011 CM 1001 (CanLII), <http://canlii.ca/t/2fk7n>
(accessed 10 May 2018); member of the OJAG
(reserve force) in 2009;
___________on CURLISS, Douglas, LCol, a member of the
OJAG, see photo hereunder;
___________on CURLISS, Douglas (Doug),
University of Saskatchewan, Class Notes;
Curliss, Doug ( J.D., 1979 )
Douglas G. Curliss, LLB/JD ' 79,
Q.C. C.D. of Saskatoon, SK. was appointed a Senior Justice
of the
Peace for the province of Saskatchewan in November of
2017, having retired as a Lieutenant Colonel
from the Canadian Forces (Reserves) in the office of the
Judge Advocate General (JAG) and as Senior
General Counsel in the Public Prosecution Service of
Canada (PPSC).
[see https://alumni.usask.ca/connect/classnotes.php]
Douglas Curliss, at work before the Supreme Court of Canada,
2010, photo still,
from CPAC video at 1:25:54/1:50:57
___________photo still of Douglass Curliss before the Supreme
Court of Canada in R.
v. Szczerbaniwicz, 2010 SCC 15 (CanLII), [2010] 1 SCR 455, <http://canlii.ca/t/29k4c>;
source of photo CPAC at cpac.ca/en/programs/supreme-court-hearings/episodes/15728527/,
accessed 25 October 2020;
___________Canada's Food and Drug Laws,
Chicago: Commerce clearing House, 1953, 1138 p. : illus ; 25 cm. ;
copy at the University of Ottawa, Fauteux Library FTX
General KE 3696 .C8 1953; ****
___________obituary of Curran Robert
Emmet, in The Globe and Mail, 1 February 1978, at p. 40;
ProQuest Historical Newspapers:
Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca,
accessed 1 January 2019
___________see CURRAN, Robert
Emmet, 15/06/1942-05/1945, Royal Canadian
Naval Volunteer Reserve (RCNVR) Officer, Assistant Judge
Advocate General, NSHQ (Ottawa), HMCS Bytown at http://www.unithistories.com/officers/RCNVR_officers.html#A,
accessed 4 August 2018;
___________on CURRAN, Robert Emmet,
see his photo, hereunder, taken from "Ottawans In Navy Promotion
List", The Evening Citizen, Ottawa, Friday, 2 July 1943
at p. 14, available at https://www.newspapers.com/image/....,
accessed 16 June 2020;
___________on CURRAN, Robert Emmet, see Transcript
of Interview with Brigadier
[R.J.] Orde, 24 Jul 73, at pp. 149-150,
see DEPARTMENT
OF NATIONAL DEFENCE, Access to
Information Act answer,
Department of National
Defence File
A-2015-00865, available
at http://lareau-legal.ca/A-2014-00865.PDF
(accessed 4 October
2015); the answer is to
"Request Summary: Directorate
of History and Heritage File
77/490, Transcript of
Interview with Brigadier
[R.J.] Orde, 24 Jul 73";
François Lareau obtained this
answer from the Department of
National Defence, National
Defence Headquarters,
Director, Access to
Information and Privacy letter
File AI-2015-00142, 28
September 2015;
"Rotary Club members hear about war ravaged countries
John Curry
Dominic McAlea, left, receives a
gift of appreciation after he was the
guest speaker at the May 11 meeting of the Rotary Club of
Ottawa - Stittsville.on Wednesday, May 11."
Pressing (and holding) the Ctrl
key and scrolling the wheel
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being viewed;
photo source: ProQuest Historical Newspapers.
___________on CURTIS, Patricia, see photo,
reproduced hereunder, and published in the Star-Phoenix,
Saskatoon, 16 December 1943 at p. 8; available at
https://www.newspapers.com/...., accessed 19 May 2020;
___________on CURTIS, Patricia, see "Unique Post for
Only Woman Lawyer in Canadian Army", Star-Phoenix,
Saskatoon, Tuesday, 25 April 1944 at p. 7; available at
https://www.newspapers.com/...., accessed 19 May 2020;
___________on CURTIS, Patricia, voir
"Avocate au C.W.A.C.", La presse, Montréal, lundi, 13
décembre 1943, à la p. 4, disponible à http://collections.banq.qc.ca/ark:/52327/2962538
(consulté le 24 janvier 2019);
Pressing (and holding) the Ctrl
key and scrolling the wheel
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being viewed
image
source: http://www.rmcclub.ca/eVeritas/2005/Issue014/200514.htm,
accessed on 11 November 2014 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
four-day competition, hosted by the International
Institute of Humanitarian Law, helps cadets put their
textbook knowledge of the law of armed conflict into
practice, said Lt.-Cmdr. Patricia Goldman, a law
professor at RMC. "It's testing them on real-world
situations."
The Kingston cadets faced off against students attending
military colleges in the United States, Ireland, France,
Belgium, the Netherlands, Ukraine, Sweden, India,
Australia, Finland and Greece. Lt.-Col. Marc Bernard
Philippe, director of RMC's miliary legal education
faculty, accompanied the cadets on the trip.
De gauche à droite: M1 Michael Daoust, Maj Thierry Cysique, Capt
Christina
Tripp et Lt Cherie-Lyn Hillier Templeton. Quatre membres de l'équipe
de
Sensibilisation, éducation et formation en sécurité reçoivent le
médaillon du
DGSD pour leur excellent travail à la préparation de la Semaine de
sensibilisation
à la sécurité, ayant eu lieu du 3 au 7 février 2020. (source de
l'image:https://infog.ca/fr/home/,
site
visité le 11 Décembre 2020)
CYSIQUE, Thierry, Les
droits militaires en France et au Canada, étude sociologique sur
leur évolution comparée depuis un siècle, thèse présentée
à la Faculté des études supérieures et postdoctorales de
l'Université Laval dans le cadre du programme de doctorat en
sociologie pour l'obtention du grade de Philosophiae Doctor
(Ph.D.), Département de sociologie, Faculté des sciences sociales,
Université Laval, Québec, Laval, 2013, xiii, 345 feuilles;
directeur de thèse: Olivier Clain; disponible à http://www.theses.ulaval.ca/2013/29256/29256.pdf;
résumé à http://www.fss.ulaval.ca/cms/upload/soc/fichiers/resume_these__thierry_cysique.pdf
(vérifiés le 10 juin 2013);
"Les droits militaires en France et au Canada.
Étude sociologique sur leur évolution comparée depuis un
siècle. Notre thèse
porte sur l’évolution des garanties des droits
individuels accordés aux justiciables du droit pénal
militaire, en France et au
Canada, et, plus largement, sur la transformation du
statut social et juridique des militaires canadiens et
français. Nous y
montrons que, dans les deux traditions juridiques,
l’évolution du droit pénal militaire est caractérisée
par une tendance
sensible au rapprochement entre le droit pénal militaire
et le droit pénal général, que cette tendance est
régulière en temps
de paix depuis un siècle et qu’elle s’est accélérée
depuis une trentaine d’années. La justice pénale
militaire a longtemps
été synonyme de législation particulière et de
juridictions spéciales. Sa légitimité se fondait sur la
spécificité du métier
des armes, la discipline qu’exige son exercice,
l’absolutisation du principe hiérarchique et
l’indivision des droits de punir
et de juger qu’elle consacrait. Aujourd’hui, bien que sa
séparation d’avec le droit pénal général ne soit pas
totalement
effacée, le droit pénal militaire, en France et au
Canada, tire sa légitimité de son adéquation aux
principes qui commandent
l’exercice général de la justice dans les sociétés
occidentales contemporaines. Notre interprétation de
cette transformation
majeure reposera sur deux hypothèses. Leur portée
dépasse les deux cas étudiés dans cette thèse qui
apparaîtront ainsi
comme des cas particuliers d’un phénomène général. La
première rattache l’évolution du droit pénal militaire
au statut social
des militaires, à la transformation du métier des armes
et aux processus de professionnalisation, de
civilianisation et de
banalisation du métier des armes. On la modulera en
fonction des dynamiques de professionnalisation
différentes à l’oeuvre
dans les armées française et canadienne. La seconde
hypothèse veut que la transformation des droits des
militaires en
matière pénale doive aussi son élan à long terme, au
poids nouveau des droits de la « personne juridique »
dans les sociétés
occidentales contemporaines. Bien que la représentation
moderne de la dignité de la personne humaine soit sans
conteste son
point d’ancrage, nous parlerons de « postmodernité
juridique » pour caractériser le cadre à l’intérieur
duquel la transformation
du droit pénal militaire et du statut juridique des
militaires prend place. On cherchera encore à montrer
combien les chemins
qui ont conduit à celle-ci sont différents en France et
au Canada, en particulier du fait des rapports de
subordination différents,
sinon inverses, qui y existaient et y perdurent, entre
pouvoir judiciaire et pouvoir législatif."
[source: http://oatd.org/oatd/record?record=oai\:theses.ulaval.ca\:2013\%2F29256,
vérifié le 21 janvier 2015]
------
Abstract:
The Military Laws in France and Canada. A
Sociological Study on their Compared Evolution over
a Century. Our thesis focuses
on the evolution of the guarantees of individual
rights granted to litigants of military criminal
law, in France and Canada, and, more
broadly, on the transformation of social and legal
status of French and Canadian troops. We show that,
in both legal traditions,
the evolution of military criminal law is
characterized by a sensitive trend connection
between the military criminal law and
criminal law in general, this trend is regular in
peacetime for a century and it has accelerated over
the past thirty years. The military
criminal justice system has long been synonymous
with special legislation and special courts. Its
legitimacy was based on the
specificity of the military profession, the
discipline required by pursuit, the hierarchical
principle of absolutism and undivided
rights to punish and judge that it was spending.
Today, although its separation from the general
criminal law is not completely
erased, the military criminal law, in France and
Canada, derives its legitimacy from its adaptation
to the principles that control
the exercise of justice in general contemporary
western societies. Our interpretation of this major
transformation is based on
two assumptions. Their scope beyond the two cases
studied in this and which appear as special cases of
a general phenomenon.
The first relates to the evolution of military
criminal law to the social status of military
transformation, to the military
professionalization process and trivializing of the
military profession. We modulate the dynamics based
on different professional
in action in the French and Canadian armies. The
second assumption is that the transformation of the
rights of the military criminal
law must also its long term momentum to the weight
of the new rights of the “legal person” in the
contemporary societies.
Although the modern representation of the dignity of
the human person is undoubtedly its anchor point, we
will talk about
“legal postmodernity” to characterize the context
within which the transformation of military criminal
law and the legal status
of military take place. We still seek to show how
the paths that led to it are different in France and
Canada, particularly because
of different reporting relationships, if not
reverse, that there existed and survived there,
between the judicial power and the
legislative power.
[source: http://theses.ulaval.ca/archimede/meta/29256,
accessed on 21 January 2015]
DA CRUZ, C.M. (Carlos), Captain, defence counsel from Defence
Counsel Services in the Court martial Levangie L.E.
(Sergeant), R. v., 2018 CM 3022 (CanLII), <http://canlii.ca/t/hxz77>
(accessed 25 August 2019);
___________DA CRUZ, C.M. (Carlos), Captain, defence counsel from
Defence Counsel Services in the Court martial Edwards C.D.
(Leading Seaman), R. v., 2020 CM 3006 (CanLII), <http://canlii.ca/t/j97jw>
(accessed 21 August 2019);
____________on Carlos Da Cruz, see the following notes taken from
his web site https://dcsllp.com/about,
accessed 20 September 2020:
Carlos Da Cruz is an experiences lawyer who has studied law in Canada, Australia, and the United States. Having borne witness to abuses of state power motivated him to become a lawyer. Regardless of whether the matter is litigious or transactional, Carlos focuses on understanding the needs of each client, who he attends to with experience, diligence, and creativity.
Carlos has also served for almost two decades in the Canadian Armed Forces, and he currently serves in the Canadian Armed Forces Reserve as a legal officer with the Office of the Judge Advocate General.
His international training includes the theory and operation of the Intoxilyzer 8000C and various approved screening devices used in Ontario by law enforcement agencies. This training, which very few lawyers have received, gives Carlos particular aptitude in criminal defence matters related to alcohol consumption. He has also successfully completed the Drug Recognition Evaluation course, taught by the Ontario Provincial Police across Canada and the US, from a leading subject-matter expert in Ontario.
In his spare time Carlos enjoys spending time outdoors, in particular with his wife and daughter.
___________" 'Une Permission! C'est bon pour une recrue'
Discipline and Illegal Absences in the 22nd (French-Canadian
Battalion) 1915-1919", (Autumn 2009) 18(4) Canadian Military History
3-16, disponible à http://scholars.wlu.ca/cgi/viewcontent.cgi?article=1607&context=cmh
(vérifié le 25 mai 2015); with the same title thesis (M.A.),
University of Ottawa, 2006, vii, 126 p,.copy at University of
Ottawa, Library Annex, D 547 .C2 D24 2006, available at https://ruor.uottawa.ca/bitstream/10393/27346/1/MR25759.PDF
(accessed 23 December 2017);
Photo
source: www.cbc.ca/news/politics/auditor-general-report-ex-military-ombudsman-s-conduct-inappropriate-1.3051917,
accessed 17 January 2016
Pierre Daigle, photo: Sean Kilpatrick--The Canadian Press
DAIGLE, Pierre, testimony of Pierre Daigle, Ombudsman, National
Defence and Canadian Forces Ombudsman, on Bill C-15,An Act to amend the
National Defence Act and to make consequential amendments to
other Acts -- this Bill has the
Short Title:Strengthening Military Justice in the Defence of Canada Act,
-
before the House of Commons Standing Committee on National
Defence, meeting number 63, 4 February 2013, minutes
and evidence;
- before the Standing Senate Committee
on Legal and Constitutional Affairs, meeting issue 38, 30 May 2013, minutes
and evidence
;
DALE, Harold A., "Tool against computer theft opportunity for
second career", Blue Line Canada's National Law Enforcement
Magazine, August September 1996, at pages 32-34; available
at https://www.blueline.ca/images/uploads/issue/pdf/396/BLM_1996-08.pdf
(accessed 28 February 2019); Harold A. Dale legal
officer in the reserve; was called to the Ontario Bar in 1972;
HaroldA. Dale, B.A., LLB, Assistant
Crown Attorney,
counsel to the Metropolitan
Toronto Police Association
and Ontario
Provincial Police Association.
senior officer (reserve)
Canadian Force (Judge Advocate General).
[p. 34]
___________on DALGLIESH, John Kenneth, Squadron Leader, legal
officer, on that officer read the article: "Legal Officer to New
Post", Voxair, An Airforce Newspaper, volume 10, number 1,
13 January 1961, at pp. 1 and 5; available at http://www.thevoxair.ca/Issues/Volume10/Volume10-Issue01-web.pdf
(accessed 25 November 2018);
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___________on DALGLIESH, John Kenneth, 1918-1981, see the
article by Ron Seymour, "Mountie, museum team up to return
WWII dog tags to airman’s family", The Daily Courier,
Kelowna, 6 November 2020; available at kelownadailycourier.ca/news/article_7eb28b9c-207b-11eb-9d7a-4f72066a12db.html,
accessed 7 November 2020; died in Kelowna in 1981
Long lost dog tags worn by a Second World War air
force navigator, discovered
at a Rutland corner, have been given back to the man's
family.
The metal tags belonged to John Kenneth Dalgleish, who
served in Europe during
the war as a navigator on heavy bombers. Dalgleish, who
lived in Kelowna after
the war, died in 1981 and is buried in the city cemetery.
The tags were found by a man in late August near the
corner of Highway 33 and
Dougall Road. Despite their age, the tags were in good
condition and Dalgleish's
initials and surname, serial number, and rank were clearly
visible.
The military needs to improve how it deals with
grief-stricken families after a soldier dies, as too many
have to fight to find out what
led to their loved one’s death, concludes a new report
from the Canadian Forces ombudsman.
The report, released on Tuesday, includes several
recommendations for improving how information is shared
with families after a death
and for enhancing the military’s board of inquiry
system, which examines what factors contributed to a
serious injury or fatality, including
suicide.
Our research, thought, and work have led
us to the conclusion that operational stress injuries,
OSIs, in particular, can be and are too
often fatal to those affected. Also, the consequences
often last a lifetime for those who do not succeed in
trying to kill themselves.
......
I'm going to curtail this because of time. My presentation
is only to indicate that there are initiatives moving
forward. Certainly, the
January 2017 CDS strategic
directive on suicide prevention has to be the best piece
of work we've seen in a long time. He makes it clear
that the chain of command is the essence of
prevention. However, when you start reading the nuts and
bolts, you will see that the medical
people have put their finger into the pie and are,
I would say, watering it down. What they're supposed to
be doing is supporting the chain
of chain of command, not creating the chain of
command.
......
First, the Canadian Armed Forces directive on suicide
prevention strategy has to be funded, implemented, and
validated. If necessary,
go to what we used after Somalia. Create ministerial
oversight committees that report to the minister. We did
that for nearly threeyears.
......
With mental health -- and particularly the operational
stress injury side of it --you are facing an injury that
gets worse with time. If you
lose an arm, you know that you've lost it, so the aim is
to try to build a prosthesis that will be as effective
as possible. If you don't intervene
with the same sense of urgency an operational stress
injury by recognizing it first and then providing for
it, it gets deeper and more difficult
to get at and to resolve.
It took four years before I crashed.
I lost one of my officers 15 years afterwards and having
been treated. So there is a vacuum of how to get
at them so that they don't continue to walk around as if
they're not injured, without there being a stigma there.
We thought we had broken the stigma by having a veteran
armed forces— and we did until not so long ago, but now
have a lot more non-veterans
in there. We're living what we lived in the fifties. In
the fifties we had a lot of veterans, but we had a lot
of non-veterans, and there was friction
between the two, and they would say, "Oh, I wouldn't be
injured like that” . We didn't recognize
operational stress injury, so those guys simply
drank themselves to death or got out. They were
the rubbydubs who died on the streets because we had
abandoned them. The exception was the
Legion, which did help a lot, but there was also a lot
of alcoholism.
......
Let me put it this way first. We have articulated after
years of working on it that unless there is an
atmosphere within Canada and the Canadian
people, and within government circles—and I speak of
parliamentary circles too, which seems to be there, but
also within the bureaucracy, which
doesn't necessarily seem to be there—such that you feel
a covenant, not a social contract because that means
you've negotiated stuff, just like the
current Veterans Charter...
I'm the one who in a day and a half pushed it through
the Senate and I've regretted it ever since, because it
didn't reflect the 10 years of work we
had done before. It was a bureaucratic piece to try to
save cash and it hamstrung the minister with all kinds
of regulations. That is a new phenomenon
in legislation. Before there weren't many, but now
they're throwing a whole whack of them with
legislation. That new Veterans Charter doesn't
need
a new one. It needs a significant reform. In there you
will find in the reform a lot of the answers these guys
and girls need in order to get the appropriate
responses and a timely response. Until you hit that
target deliberately, you're going to have a problem.
The only way you can convince people to go that far is
if you actually believe that there's a cradle-to-grave
responsibility, not to the age of 65, not with
a reduced way of life, but an actual covenant that they
have committed themselves to unlimited liability,
recognizing that they've come back injured,
that their families are being affected, and that some of
them are dead and their families are obviously affected,
and then you've got them for life.
If you don't sell that, then you will not gain their
trust. I'll tell you, it started right rotten with the
Gulf War syndrome. We did everything to prevent
them from getting anything. Every lawyer in town, every
medical staffer, gave us arguments why we couldn't take
care of them. That undermines the
operational commitment of individuals. Do I want
to get injured? It undermines also the families, and
they're the ones who are creating a vacuum of
experienced people because they're pulling their spouses
out.
......
I was on mefloquine
for a year. About five months into it, I wrote the
National Defence Headquarters, and I said this thing is
affecting my ability to
think. This thing is blowing my stomach apart. This
thing is affecting my memory, and I want to get rid of
it. At the time, the Germans weren't using
anything, but then when we lost two people in 48 hours
to cerebral malaria, they changed their policy.
I then got a message back, which was one of the fastest
ones I have ever got back, which essentially ordered me
to continue, and if not, I would then
be court-martialled for a self-inflicted wound because
that was the only tool they had.
Mefloquine is old-think, and it does affect our
ability to operate.
DALY, Captain (Harold Mayne) M., was part of the JAG in 1915,
see McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's
Military Lawyers, Ottawa : Office of the Judge Advocate
General, c2002, at p. 25, available at i-xii and 1-102;
****
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____________on DALY, Harold, see "Pensions Board Secy. Major
Harold Daly Appointed to the Position", The Gazette,
Montreal, Friday, 29 December 1916 at p. 4; available at
https://www.newspapers.com/image/...., accessed 23 May 2020;
From the left, Capt. Dubey, MGen Jerry Pitzul, Capt.
D'Amulira and Capt. Curtiss ("Commissioning Officer's Scroll")
Source: (2003) 1 JAG Newsletter--Les actualités at p. 9
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DAMULIRA, Alice (Alice Nansubuga Flavia),
Lieutenant-Commander, legal officer, member of the OJAG, member of
the Ontario Bar;
DAOUST, Alan Harvey, worked with the JAG Branch, see "Alan Harvey
Daoust: Former Mountie received MBE", The Globe and Mail,
Toronto, 2 April 1985 at p. M6, available at , accessed 9 July 2020;
Ms. Daoust has over 20 years’ experience in law,
policy, management, and international and public affairs.
Ms. Daoust was recently Senior Policy Advisor to the
Minister of National Defence. She has devoted
a substantial part of her career to the humanitarian and
community sectors, having worked for the Red
Cross in various contexts. She worked as a legal adviser
with the International Committee of the Red
Cross (ICRC) in Geneva, Switzerland, and was deployed to
Abidjan, Côte d’Ivoire. Ms. Daoust also
worked for the American and Canadian Red Cross in
leadership positions. Prior to joining the Red
Cross, Ms. Daoust worked as an attorney at the law firm
of Heenan Blaikie in Montreal.
Ms Daoust has extensive community involvement with
organizations such as the New Edinburgh
Community & Arts Centre in Ottawa, the Centre social
d'aide aux immigrants in Montréal and the
Canadian Council on International Law. Ms Daoust was a
member and Vice-Chair of Hôpital
Montfort’s Board of Trustees from 2015 to 2017.
Ms. Daoust has been a member of the Quebec Bar since
1997. She holds a Business degree from
l’Ecole des Hautes Etudes Commerciales and two law
degrees (in civil and common law) from
McGill University. She lives in Ottawa with her husband
and two children.
CAF begins processing claims in LGBT Purge settlement "Lieutenant-General Charles Lamarre, Commander of
Military Personnel Command,
joined by Isabelle Daoust, Corporate Secretary, visited
the LIT
[ Litigation Implementation
Team] shortly before the launch of the claims period"
D'ARTOIS, Guy, Major, avocat de la défense 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);
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Lieutenant-Colonel d’ Auteuil, CD, originally from
Sept-Iles, Quebec, has a degree from the Faculty of
Law of the University of Montreal and has been
called to the Bar of the Province of Quebec in 1989.
In May 1988, he enrolled in the Régiment Les Fusiliers
Mont-Royal, a Canadian Armed Forces
militia unit. He held a variety of positions as an
infantry officer. In 1991, because of a geographical
move for his civilian employment, he was
seconded to HMCS Jolliet, a Naval Reserve Unit
based in Sept-Iles. In February 1994, he was
officially transferred to this unit as a naval
administrative
officer. In February 1995, he joined the regular
force as a military lawyer in the office of the Judge
Advocate General in Ottawa. He worked in the
Directorate of Law/Claims and then in the
Directorate of Law/Advisory. In July 1996, he assumed
the position of the Deputy Judge Advocate at the
office of the Assistant Judge Advocate General,
Eastern Region, at the Canadian Forces Base Montreal.
He was promoted to the rank of Major in April
1998. In August 1998, he was the first to hold
the position of Regional Military Prosecutor for
Eastern Region in the Office of the Director of
Military
Prosecutions at the Canadian Forces Base
Valcartier. In August 2001, he held the position of
Director of Law/Military Justice Policy & Research
2. He
was promoted to the rank of Lieutenant-Colonel
on 13 August 2004. He obtained a Master Degree in
Criminal Law from the Faculty of Law of the
University of Ottawa in 2004. He was then posted
to the position of Assistant Judge Advocate General
(AJAG) for Eastern Region, located at the Montreal
Garrison.
Pursuant to section 165.21 of the National Defence
Act the Government of Canada announced the appointment
of Lieutenant-Colonel Louis-Vincent d’Auteuil,
as a military judge on 18 May 2006.
----------
Le lieutenant-colonel d’ Auteuil, CD, originaire
de Sept-Îles, Québec, est diplômé de la Faculté de
Droit de l'Université de Montréal et membre du
Barreau
du Québec depuis 1989. Il s'est enrôlé dans une
unité de la milice des Forces armées canadiennes
en mai 1988, soit le Régiment Les Fusiliers
Mont-Royal.
Il y a occupé divers postes à titre d'officier
d'infanterie. En 1991, en raison d’un déménagement
géographique pour son emploi civil, il a été
détaché à une
unité de la Réserve navale, soit le NCSM Jolliet,
à Sept-Iles. En février 1994, il était transféré
officiellement à cette unité comme officier
d'administration
de la marine. Il s'est joint à la force régulière
en février 1995 à titre d'avocat militaire au
cabinet du JAG à Ottawa. Il a travaillé à la
direction juridique –
réclamations, puis à la direction juridique –
consultation. Au mois de juillet 1996, il a occupé
le poste de Juge-avocat adjoint au bureau de
l’Assistant au
Juge-avocat général, région de l’Est, situé à la
Base des Forces canadiennes Montréal. Il est promu
au grade de major le 1er avril 1998. Au mois
d'août 1998,
il est le premier a occupé le poste de Procureur
militaire régional pour la région de l'Est au sein
du bureau du Directeur des poursuites militaires,
situé à la Base
des Forces canadiennes Valcartier. Au mois d’août
2001, il à occuper le poste de directeur
juridique/Justice militaire politique et recherche
2.Il a obtenu une
maîtrise en droit criminel de la Faculté de Droit
de l’Université d’Ottawa en octobre 2004. Il est,
par la suite, muté au poste d’Assistant
Juge-avocat général
(AJAG) pour la région de l’Est, situé à la
garnison Montréal.
Le gouvernement du Canada a annoncé, en vertu de
l'article 165.21 de la Loi sur la défense
nationale, la nomination du lieutenant-colonel
Louis-Vincent
d’ Auteuil, comme juge militaire le 18 mai 2006.
___________photos de Louis-Vincent D'Auteuil:
Source: Annual Report of the Judge Advocate General to
the Minister of National Defence on the administration of military justice
in the Canadian Forces, A Review fro 1 April 2009 to 31 March 2010, available at forces.gc.ca/assets/FORCES_Internet/docs/en/jag/jag-annual-report-09-10.pdf
(accessed 28 June 2018);
___________ La réintroduction
d'une procédure de confirmation d'une accusation dans le système
procédural de la cour martiale, Master's essay for LL.M.
degree, University of Ottawa / mémoire de maîtrise en droit pour
le grade LL.M., Université d'Ottawa, 2004; titre noté dans "Liste
des mémoires de maïtrise et thèses de doctorat acceptés en 2004",
(Automne 2004) 64 Revue du
Barreau 467 à la p. 468; le Lieutenant-colonel D'Auteuil
est un juge militaire, voir http://www.jmc-cmj.forces.gc.ca/bio/dauteuil-lv-fra.asp
(site visité le 18 mars 2012);
___________"Military Judges: the honour of the judiciary: the
honour of the crown" (Summer 2010) 33(1) Provincial Judges Journal 71; available at http://www.judges-juges.ca/sites/default/files/journals/journal_vol_31_no_1.pdf
(accessed 25 September 2017); aussi publié en français : "Juges
militaires : une magistrature responsable : un gouvernement
responsable", (2010-2011) 33(1) J.J. prov. 70;
Image source:
twitter.com/leeberthiaume, accessed 24 November 2017 Lee Berthiaume. the author
___________on D'Auteuil, Louis
Vincent, see Berthiaume, Lee, "Court martial turns
surreal as Canada’s top military judge testifies about his deputy
— the presiding judge. Col. Mario Dutil is facing eight
charges, including two of fraud and four of violating the
military's code of conduct", National Post, 11 June 2019,
available at https://nationalpost.com/news/canada/chief-military-judge-testifying-in-own-court-martial
(accessed 12 June 2019);
Boutin [Defence counsel] served that subpoena on
d’Auteuil shortly after the court martial commenced
Monday, which in theory would mean the judge could end up
presiding over the trial and testifying from
the witness box.
“Judge d’Auteuil is an essential witness in this case,”
Dutil said. “On the facts, but also on the dynamic,
the complexity, the context of this file. And everything
that happened after the investigation, and all the
actions that followed.”
The unprecedented court martial of Canada’s top military
judge collapsed on its
fourth day, after the presiding judge, Deputy Chief
Military Judge Louis-Vincent
d’Auteuil, recused himself and stated that the other three
military judges currently
on the bench also won’t be able to preside over the case.
___________sur D'AUTEUIL, Louis-Vincent, et l'affaire Le
Directeur de poursuites militaires v. Le juge militaire en chef
adjoint, Cour fédérale, numéro T-1151-19, en 2019, voir:
- Avis de demande, No. T-1151-19, 16 juillet 2019;
disponible à http://www.lareau-legal.ca/Dutil26July2019.pdf
(consulté le 26 juillet 2019); demande de certiorari et de
mandamus concernant la décision du juge D'Auteuil et son
jugement dans l'arrêt de la cour martiale du juge en chef
Mario Dutil;
The Honourable Luc Martineau who rendered the decision.
Source of image: fct-cf.gc.ca/en/pages/about-the-court/members-of-the-court/judges/the-honourable-luc-martineau,
accessed 5 March 2020.
- Decision of the Federal Court in Canada
(Director of Military Prosecutions) v. Canada
(Office of the Chief Military Judge), 2020 FC 330
(CanLII), <http://canlii.ca/t/j5p93>,
re court martial of Colonel Mario Dutil, Chief military Judge
and decision of LCol. Louis-Vincent D'Auteuil at his court
martial;
Source: The Gazette, Montreal, 6 January 1972, at p. 41,
available at newspapers.com/clip/24468366/nantel-david/
DAVID, Nantel, born in Montreal, son of Senator Athanase David,
lawyer, died in Montreal 1972, representative of the JAG office
and chairman of the Quebec Securities commission; see "Quebec's
new watchdog", National Post, Toronto, 11 September 1965 at p. 6;
Excerpt
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DAVIDSON, Eleanor, "The art of prosecuting war criminals : a talk
with William Fenrick -- Dalhousie trained lawyer speaks on the
complications of international criminal prosecution",
DalGazette.com, 14 November 2014; available at http://dalgazette.com/news/the-art-of-prosecuting/
(accessed on 5 February 2015);
DAVIDSON, Peers, 1870-1920, Lieutenant-Colonel, K.C., Judge
Advocate General of the Canadian Forces in Europe, 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;
DAVIDSON, T.P., major, from R.C.C.S. was the Assistant Judge
Advocate General 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
legal officer with him at that time was Captain H.B.P. Boyce, see
same page;
___________on DAVIDSON, T.P., major, see Davidson Is Appointed",
The Leader-Post, Regina, 4 June 1942 at p. 3, available at
https://www.newspapers.com/image/...., accessed 24 May 2020;
___________on DAVISON, T.P., major, see "Hopkins
Heads Courts Martial", The Leader-Post, Regina, Friday, 11
December 1942 at p. 3; available at
https://www.newspapers.com/image/...., accessed 24 May 2020;
Excerpt of the article concerning Davidson
DAVIDSON-SMITH, G. (Tim), 1934-, "The Military in Aid of the Civil
Power: Limits in a Democratic Society", (Spring 1984) 13(4) Canadian
Defence Quarterly 27-33; copy available at the Directory of
History and Heritage, 2nd floor of the Colonel Charles P. Stacey
Building, 2429 Holly Lane, Ottawa, Ontario; ****
A lifelong resident of North Burnaby,
John served overseas for five years in World War Two,
starting in the Ordinance Corps, and advancing to positions with the Corps of Military Staff Clerks
and Canadian Judge Advocate General’s Branch.
He served with the
First Canadian Army Headquartersat Headly Court, in the office of
the Personal
Assistant to General Officer
Commanding-in-Chief, Lt-General A.G.L. McNaughton, and as a
stenographer to the General
and a succession of Personal Assistants. He was the first non-commissioned
officer of the Canadian
Judge Advocate General’s Branch on the Continent, landing in Normandy on
July
12, 1944. He was then a Legal Aid
and Court Reporter in the Judge Advocate General’s Branch under Col.
T.G. Norris, attaining rank
of Staff Sergeant. He later assisted
in setting up a permanent Courts Martial Centre in Ghent, Belgium.
By King’s Order, he was mentioned in
Dispatches for his distinguished
service, published by the Secretary
of State for War in the
London Gazette in November
1945.John returned to Canada
via the West Indies and Panama Canal on the maiden
voyage of HMCS Crusader as
conducting N.C.O. He rejoined the Gas Division
of BC Electric/BC Hydro. He married Bettyin 1947 and together they raised six
children. Family and
community service was a big part of John Davie’s life.
DAVIES, Bill, 1931-, born in Chilliwack, before becoming a
lawyer, he worked as an assiatnt legal officer, see "Community
Portrait...Bill Davies ...part of a team", The Chilliwack
Progress, Chilliwack, B.C., Wednesday, 12 September 1956 at
p. 10; available at https://www.newspapers.com/...., accessed 27
May 2020;
Excerpt
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
DAVIES, K.C.J., lawyer, practiced law in Vancouver, with British
or Canadian JAG Department, see "Lawyer's Distinguished Career
During War", The Province, Vancouver, Tuesday, 10 January
1992, at p. 10, available at
https://www.newspapers.com/image/...., accessed 20 June 2020;
DAVIES, Brigadier-General Dwight, "Command During Air Combat
Operations: The Confluence of Command, Law and Ethics", in
Jeff Stouffer, 1962-, and Stefan Seiler, eds., Military ethics: international
perspectives, Kingston (Ont.) : Canadian Defence
Academy Press, c2010, v, 307 p., at pp. 261-286 (Chapter
11), ISBN: 9781100163185; notes: "Produced for the Canadian
Defence Academy Press by 17 Wing Winnipeg Publishing
Office"; available at http://epe.lac-bac.gc.ca/100/200/301/dnd-mdn/cda-acd/military_ethics-ef/D2-264-2010-eng.pdf
(accessed on 13 March 2012);
"Added to the professional
education that a commander would have received during his career,
he/she can count on additional training in LOAC prior to a
deployment and can expect the assistance and advice of a legal
team from the Judge Advocate General (JAG). These extremely
professional lawyers have reach-back that permits them to tap into
the entirety of the experience and knowledge of the JAG branch.
Thus, I would say that an operational commander is extremely well
served in this regard.
In many respects, if the conduct of air combat operations could be
likened to a roadway, the LOAC represents the ditches on the two
sides. The training and education helps in identifying the
ditches, lawyers act as the rumble strips to let you know when you
are approaching the shoulder of the road or to help point out the
dropoff where the grass starts. That having been said, the roadway
that remains is still quite wide, and permits for a variety of
lanes and
speeds to be selected." (p. 267)
FRANÇAIS
DAVIES, Brigadier-général Dwight, "Le commandement pendant les
opérations de combat aérien : la convergence du commandement, du
droit et de l'éthique" dans Jeff Stouffer, 1962-, et Stefan
Seiler, publié sous la direction de, L'éthique militaire : points de vue internationaux,
Kingston (Ont): Presses de l'Académie canadienne de la
défense, c2010, aux pp. 251-275 (chapitre 11), ISBN:
9781100163185; notes: "Cet ouvrage est produit pour les Presses de
l'Académie canadienne de la défense par le Bureau d'édition de la
17e Escadre Winnipeg"; disponible à http://epe.lac-bac.gc.ca/100/200/301/dnd-mdn/cda-acd/military_ethics-ef/D2-264-2010-fra.pdf
et http://publications.gc.ca/collections/collection_2011/dn-nd/D2-264-2010-fra.pdf
(visité le 13 mars 2012);
"En plus de l’éducation
professionnelle qu’il reçoit pendant sa carrière, le commandant
peut compter sur l’instruction additionnelle relative au DCA
qui est offerte avant un déploiement ainsi que sur l’aide et les
conseils d’une équipe de juristes du bureau du Juge-avocat général
(JAG). Ces avocats
d’un très grand professionnalisme ont des relations qui leur
permettent d’exploiter toutes les connaissances et l’expérience du
service du JAG.
J’en conclus qu’un commandant opérationnel est extrêmement bien
servi dans ce domaine.
À bien des égards, on peut comparer la conduite des opérations de
combat aérien à une route, le DCA représentant les fossés de
chaque côté.
L’instruction et l’éducation aident à délimiter les fossés, tandis
que les avocats jouent le rôle des bandes rugueuses qui vous
avertissent que vous
approchez de l’accotement ou qui vous indiquent le point limite où
la bande de gazon commence. Cela dit, la route est tout de même
assez large,
et elle laisse le choix entre différentes voies ou vitesses." (pp.
256-257)
___________ "Command in Combat", in Colonel Bernd Horn, 1959-,
ed., "The Buck Stops Here": Senior Military Commanders on
Operations, Winnipeg : Canadian Defence Academy Press,
c2007, viii, 286 p., at pp. 89-107: map ; 23 cm. SERIES: In
harm's way. NOTES: Cover title: Buck stops here,
senior commanders on operations Distributed by the Government of
Canada Depository Services Program. Issued also in French under
title: "Le responsable, c'est moi", les commandants militaires
supérieurs durant les opérations. Includes bibliographical
references and index. Issued by: Canadian Defence Academy.
ISBN: 9780662458135 (bound) and 9780662434962 (pbk.);
avalable at http://publications.gc.ca/collections/collection_2012/dn-nd/D4-4-3-2-2007-eng.pdf
(accessed 31 August 2015);
YOU AND YOUR LAWYERS
You will be fortunate to have one or more lawyers deployed
as part of your
team. These talented Assistant Judge Advocate Generals
(AJAG) are
provided by the JAG, and represent a source of invaluable
advice on a wide
variety of issues. You must be aware, however, of a number
of significant
special factors that influence them, and their
relationship with you.
First, you will require these lawyers to deal with a huge
spectrum of
issues. These will range from disciplinary issues with
your troops, local
contracting issues, interaction with local national
courts, real estate leases,
LAOC, ROE, your orders, and a plethora of other issues.
How can anyone
be so competent you ask? The answer is that they cannot
be, thus the first
justification for the unique command relationship that
exists for your
AJAGs alone. They are the only individuals that will be
present in your
command that are not under your direct command. They are
responsive
to you, but remain under the direct command of JAG. This
allows them
the right to directly communicate with the JAG and the
large and diverse
legal organization back home. This affords you the benefit
of the very best
of possible legal advice
The next point is somewhat more subtle. As the commander
on a
deployment, you will be given the most authority that can
ever be
bestowed upon an individual. You are literally given the
power to decide
life and death, and all lesser things. This is an
exhilarating and
frightening proposition, one that brings with it the
greatest of satisfactions
as the mission progresses. As we have learned through past
events, this
absolute power has led to abuses when the talents of the
commander were
less than that required for the situation. While all
subordinate officers
have the ethical responsibility to act in the face of
wrongdoing, this is a
particularly demanding challenge in a combat environment.
Most of us
have read of several famous cases, such as the “Mutiny on
the Bounty”
where subordinate officers have faced the supreme
challenge of taking
action in the face of commanders that were failing. This
is a demanding
act that is rendered doubly difficult in view of the chain
of command
relationship, and the necessary respect for authority that
is ingrained in us
all from the first day of basic training. By placing the
AJAG outside the
chain of command, at least one individual is placed in a
position from
which it would be somewhat easier to act in the face of
wrongdoing. The
AJAG acts as a safety measure, to guard against a
commander overstepping
his authorities. This is a right and necessary thing.
You will need to be aware that AJAGs are not trained in
the art of military
command to any significant extent. While they are
consummate experts in
a number of areas of law, and in their relationship with
JAG and his staff,
their military training may range from a reasonable amount
to a relative
light dusting. They will provide you with high quality
legal advice; their
responsibilities do not include the provision of military
advice, whether
concerning the conduct of your campaign or leadership in
general. Be
cognizant of this, and be prepared to assist your AJAG in
understanding
the scope and limits on their responsibilities.
Finally, and most importantly, you must be absolutely
clear as to your
relative roles, responsibilities, and accountabilities.
Your AJAG is
responsible to provide you with legal advice. He or she is absolutely
accountable for the quality of the advice provided, and
can have their
professional accreditation revoked for poor advice. As the
commander, you are absolutely accountable for your decisions.
In a proper
relationship, you will be provided advice, couched in
terms such as “it is
not advised that”, or “I recommend that”. Should you hear
“you can’t”,
“you must” then you may be straying from the appropriate
relationship.
You must not look to your AJAGs for decisions. [pp.
104-105]
......
[Note on Brigadier-General D.A. Davies]
Brigadier-General D.A. Davies is an experienced
fighter pilot and leader
who has flown the CF-5, F-16 and CF-18 aircraft. He
commanded
425 Tactical Fighter Squadron, 3 Wing Bagotville, and Task
Force Aviano
during the first seven weeks of the ALLIED FORCE bombing
campaign.
His extensive staff experience includes NORAD HQ,
USSPACECOM HQ,
AIRCOM HQ, 1 Cdn Air Division, as well as NDHQ. He
recently led the
team that stood up CEFCOM, where he is currently serving
as the Deputy
Commander. [p. 271]
Marty Ward, left, and Elizabeth Richard, Department of Justice
Canada lawyers, hold the JAG Commendation 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
DAVIS, Ian, "JAG Commendation Board of Inquiry HMCS Chicoutimi",
(2006) 1 JAG Les actualités -- Newsletter 4; FRANÇAIS
DAVIS, Ian, "Mention élogieuse du JAG pour la commission d'enquete
du NCSM Chicoutimi", (2006) 1 JAG Les actualités -- Newsletter
4;
____________Lieutenant-Colonel (2018), lawyer, member of the Law
society of Manitoba (since 1999) and member of the OJAG;
___________Notes: Lieutenant-Colonel, member of the Manitoba Bar
since 1999; ian.davis@forces.gc.ca, tel.: 613- 995-2534, works in
Ottawa (information gathered 2 July 2018);
___________ "Square Pegs, Round Holes: the Responsiveness of Law
Enforcement and Military Action to Contemporary Terrorism", JCSP
34, Canadian Forces College, 2008, 90 p., available at http://www.cfc.forces.gc.ca/259/290/294/286/davis.pdf
(accessed
on 17 June 2012);
DAWSON, Grant, 1972-, Canadian
Government Decision-Making and the Commitments to the Somalia
Peace Operations in 1992, Ph.D. thesis, Carleton
University, 2003, vi, 270 leaves; available at http://curve.carleton.ca/theses/27396
(accessed
on 30 September 2013);
Day, Charles Dewey (1806-1884), chancellor of McGill
University (1857-84), was born at Bennington, Vermont,
in 1806, the son of
Ithamar H. Day. He came to Montreal, Lower Canada, in
1812, and was there educated. He was called to the bar
of Lower Canada
in 1827 (Q.C., 1838), and in 1838 he was
appointed deputy judge-advocate-general at the
courts-martial held in Montreal for the trial of the political prisoners arrested
during the rebellion of 1837-8. In
1840 he was appointed solicitor-general of Lower
Canada,
with a seat in the Special Council; and in 1841 he was
elected to the Legislative Assembly of Canada, and
became solicitor-general
for Lower Canada in the first administration under the
Union. His presence in the Executive Council was,
however, obnoxious to the
Reformers; and in 1842 he accepted an appointment as a
judge of the court of Queen's Bench. He was
transferred to the Superior
Court in 1849, but in 1862 he retired from the bench.
In 1857 he was elected chancellor of McGill University
; and this position he
occupied until his death in England, on January 3,
1884.
[Emphasis in bold
and oversize added]
Source : W. Stewart Wallace, ed., The
Encyclopedia of Canada, Vol. II, Toronto, University Associates of Canada, 1948,
411p., p. 187.
DAY, Jacqueline (Jacqueline Elizabeth Natalie), member of the
OJAG, regular force; she 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; member
of the Law Society of Ontario;
___________photo of DAY, Jacqueline (Jacqueline Elizabeth Natalie)
with others:
___________Photo of Major Jacqueline Day with others:
"Majors Andrew McGarva, Rhonda Klassen, and
Jackie Day at Ali Al Salem Air
Base, Kuwait. Maj Day is the new legal advisor to Ops
IMPACT & FOUNDATION
– welcome! Majs Klassen & McGarva are homebound
after successful tours – safe
travels, and congratulations on jobs well done!", office
of the JAG@JAGCAF
2022; images sources: twitter.com/JAGCAF/status/1526267754529030144/photo/1
and twitter.com/jagcaf
(put on line on 30 May 2022).
--------------
Jim Day, the
author
The prosecutor, Major M.E. Leblond
image source: twitter.com/guardianjimday?lang=en
DEACON, John (John Albert), member of the OJAG, during World War
II, see "Toronto Lawyer Now Magistrate for Grenville", The
Globe and Mail, 8 December 1965, at p. 11;
Pressing (and holding) the Ctrl
key and scrolling the
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ProQuest Historical Newspapers:
Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca....,
accessed 24 November 2018
___________"John Deacon, 76 ex-provincial judge", Toronto
Star, 27 May 1992, at p. A10;
John Deacon was a former provincial court judge in
eastern Ontario and
an assistant Toronto city solicitor.
Mr. Deacon died
Sunday in Brockville General Hospital after a two-month
illness. He was 76.
Born in his parents' Brockville home, he was just
starting Grade 5 when the
family moved to Toronto.
He graduated from the University of Toronto in 1936 with
a bachelor of arts
degree.
After graduating from Osgoode Law School, he was called
to the bar in 1939.
Mr. Deacon operated a private practice until 1941, when
he joined Toronto's
legal department as an assistant city solicitor.
He joined the Canadian army in 1942 and spent the rest
of World War II as a
defence officer with the judgeadvocate-general's office - the military's
legal
department - overseas and in Ottawa.
After the war, he returned to his position as assistant
city solicitor. He remained
there until 1965, when he was appointed a provincial court
judge in Leeds and
Grenville counties.
Mr. Deacon, who was named Queen's Counsel in 1957,
retired in 1983.
He leaves his wife Joy, his daughter Julia Hess, sons
John Jr. and Charles,
and 11 grandchildren.
A funeral will be held at 1:30 p.m. tomorrow at Wall
Street United Church
in Brockville.
Word count: 229
Copyright 1992 Toronto Star, All Rights Reserved.
___________on Deacon. John, see his Papers, etc., in Queen's
University Archives, Fonds F01555, Deacon family fonds,
reference code CA ON00239 F01555, Location: Sheft 3205, shelft F3
B3.5.010.1; see http://db-archives.library.queensu.ca/index.php/deacon-family-fonds,
accessed 1 April 2020;
The prosecution at the Kurt Meyer trial in 1945:
from the left: Lt-Col. Clarence S.
Campbell (later NHL president), assistant-prosecutor,
LCol. Bruce J.S. Macdonald, prosecutor and
L.Col. Dalton G. Dean, legal officer from JAG assisting the
prosecution
DEAN, Dalton G., lawyer, JAG member, assistant prosecutor to
Lieutenant-Colonel MacDonald, prosecutor in the trial of Kurt
Meyer; on LCol Dean and Kurt Meyer, one can read:
- article on Dalton Dean: "Urges Judicial Review.
Colonel [Dean] Says Meyer Not Guilty", The Globe and
Mail, 30 November
1951, at p. 1:
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"We believe it probable that such a
review, which was first proposed by Colonel Dalton
Dean, a Canadian lawyer who attended the
Meyer trial as an adviser to the prosecution,
would result in the public repudiation
of the kind of law under which Meyer was tried.
read the complete editorial:
ProQuest Historical Newspapers
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 DEAN, Major Dalton G., see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at
p. 64 and 89, available at i-xii and
1-102;
- on DEAN, D.G., Captain, General List was a
legal officer in military district number 2 with
Headquarters in Toronto 1943, see The
Quarterly Army List, October 1943, Part I, London:
His Majesty's Stationery Office, 1943 at p. 162 (bottom
page number) or p. 178A (top page number), available at https://deriv.nls.uk/dcn23/8903/89030567.23.pdf
(accessed 21 March 2019); the other legal officers there
were Captain Stivers, R.M.R. from Q.Y. Rang. and
Maj. Harvey, R.C.D. from C. Scot R., the Assistant Judge
Advocate General, information from the same pages;
- other article dealing in part with Colonel Dean Dalton:
"A Matter of Justice", The Globe and Mail,
1 December 1951, at p. 6:
ProQuest Historical Newspapers
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 the trial of Kurt Meyer, see
McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's
Military Lawyers,
Ottawa : Office of the Judge Advocate General,
c2002, at pp. 63-66, available at pp. i-xii
and 1-102;
Kurt Meyer
Obergruppenführer der Waffen SS. Kommandeur 12 SS LSSAH,
“Hitlerjugend”
De BALINHARD, Robert E., lawyer, member of the OJAG, reserve
force, since April 2011; see
https://ca.linkedin.com/in/robert-de-balinhard-55a5a21b (accessed
27 May 2018); member of the BC Bar;
Education Concordia University
Master of Public Policy & Public Administration (MPA)
McGill University
Bachelor of Arts (B.A.), History & Political Science
The University of Western Ontario
Bachelor of Laws (LL.B.) [in 1997]
Jacques de Billy
DE BILLY, Jacques, 1916-2014, lawyer and member of the OJAG
during World War II, see "Jacques de Billy réélu président", Le
soleil, Québec, mercredi, 16 avril 1947, à la p. 18;
disponible à http://collections.banq.qc.ca/ark:/52327/3189745
(vérifié le 24 janvier 2019);
M. de Billy avait le grade de capitaine durant la
dernière guerre, et il a servi
durant quatre ans dans l'armée tant au Canada
qu'outre-mer, et il était attaché
au bureau du juge-avocat général de l'armée
canadienne.
On July 14, 2014, at Montreal's
Jewish General Hospital, Jacques de Billy, husband of
Juliette Parent,
died peacefully. Born on June 25, 1916, Jacques did his
high school studies at the Collège de Lévis
where he distinguished himself and received the Prince
of Wales prize. He continued his studies at
the Faculty of Law at the University of Laval where he
received the Lieutenant Governor's and
Governor General's medals. Admitted to the Quebec Bar in
1938, he continued his studies at the
Osgoode Hall Law School in Toronto (Common Law). Jacques
was a proud descendant of Jean-François
de Billy, a native of Billy-sur-Ourcq in Picardy, who
first came to settle in Gentilly, New France in 1672.
During World War II, Jacques served in the Canadian Army
(Royal Canadian Artillery) in Canada and
overseas. A Life Member of the Association of the 22nd
Regiment, he received the rank of Honorary Colonel
of the 6th Field Artillery Regiment. Jacques practiced
law with the law firm Dupré, Gagnon, de Billy,
Prevost and Home with his father Valmore A. de Billy and
his brother Gilles. Jacques' entire career was
spent at this law firm (which now bears the name of
Lavery, de Billy). Jacques' professional activities
extended to the business world. ....
___________sur DE BILLY, Jacques, 1916-2014, voir "Douze vétérans
de la ville et de la banlieue arrivés hier à Lévis", Le soleil,
Québec, mardi 24 juillet 1945 à la p. 3, disponible à http://collections.banq.qc.ca/ark:/52327/3439522
(consulté le 15 mars 2019);
[extrait de l'article]
___________sur DE BILLY, Jacques, 1916-2014, voir "Capitaine
promu", Le Canada, 10 avril 1944 à la p. 13 et disponible au
permalien http://collections.banq.qc.ca/ark:/52327/3572750,
site consulté le 24 février 2020;
Pressing (and holding) the Ctrl
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source:
https://twitter.com/bdecillia,
accessed 20 June 2018
Brooks Decillia
DECILLIA, Brooks, " 'But it is not getting any safer!': The
Contested Dynamic of Framing Canada's Military Mission in
Afghanistan", (24 August 2017) 51 Canadian Journal of Political
Science 155-177;
Abstract
The Canadian government and military struggled to
control its media framing of the war in
Afghanistan between 2006 and 2009.
This content analysis (n
= 900) critically investigates the mediated
dynamic of framing Canada's military mission in
Afghanistan.
This study found that while journalists
overwhelmingly indexed their stories to elite
sources, they frequently impeached the frames
sponsored by government and military leaders.
Journalists used elite criteria to fact check the
frames of military and government
leaders. Most of the coverage was episodic and
event-oriented rather than thematic and
contextual. While Canadian journalists
challenged official claims of improving security,
for instance, their coverage lacked context and
critical appraisal of Canada's
military mission in Afghanistan, raising questions
about journalism's normative role in Canadian
democracy.
Le gouvernement canadien et les militaires se
sont efforcés de contrôler la présentation de la
guerre en Afghanistan par les
médias entre 2006 et 2009. Cette analyse de la
couverture médiatique (n
= 900) examine de façon critique la dynamique
médiatisée de l’encadrement de la mission
militaire du Canada en Afghanistan. Cette étude
a révélé que tandis que les
journalistes ont dans leur grande majorité fondé
leurs reportages sur des sources d’élite, ils
ont fréquemment boudé les
cadres soutenus par le gouvernement et les chefs
militaires. Les journalistes ont privilégié des
critères d’élite pour vérifier
factuellement les cadres des dirigeants
militaires et gouvernementaux. La couverture
était en grande partie épisodique et
axée sur les événements plutôt que d’ordre
thématique ou contextuel. Alors que les
journalistes canadiens ont remis en
question des allégations officielles concernant
l’amélioration de la sécurité, par exemple, leur
couverture a manqué de
contexte et d’appréciation critique de la
mission militaire du Canada, soulevant des
interrogatifs sur le rôle normatif du
journalisme dans le cadre de la démocratie
canadienne.
The Office of the Chief Military Judge, an
independent unit of the Canadian Forces, has selected
Decisia to facilitate access to court martial
decisions on its own website. In 2013, 75 courts martial
decisions were issued. Decisia will substantially improve
searching and browsing
these decisions, in addition to allowing the dissemination
of the court martial archives in a format compatible with
web standards of the
Canadian federal government.
"Decorated Officer Takes $13,900, Faces Cashiering", The Globe
and Mail, 7 January 1953 at p. 5;
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key and scrolling the
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ProQuest Historical Newspapers:
Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca,
accessed 24 September 2018
Laurence
George Decore was born in Vegreville, Alberta on June 28,
1940 to John N. and Myrosia (neé Kupchenko)
Decore. He had two brothers, John Victor and Lionel
Leighton Devore. Decore attended the University of Alberta
and graduated with a B.A. in 1961, and an L.L.B. in 1964.
While attending university, Decore
also joined the Naval Officer Training Program and reached the rank of
Lieutenant. In 1963, he served as a Junior Officer, in
the Judge Advocate General's Department. Decore was
admitted to the Bar in 1965 and achieved Queen's
Council (QC) in March 1986. He first practiced law with his
father and older brother Victor. In 1977,
Decore was elected to
represent Ward 2 on Edmonton's City Council and later
elected Mayor of the City of Edmonton in 1983 and 1986.
In October 1988, Decore was elected Leader of the Alberta
Liberal Party and he held this position until 1994. From
1989 to 1997, Decore served as MLA for Edmonton-Glengarry.
Decore also chaired the Canadian Multicultural
Council (CMC) and the Alberta Heritage Council (AHC). In
1982 he received the Alberta Achievement Award
for outstanding community service on the AHC. In addition,
Decore received the Order of Canada in April 1984
for his contributions to the development of
multiculturalism in Canada such as his work developing the
1982
Charter of Rights and Freedoms. On October 22, 1999 Decore
received an honorary Doctor of Laws degree from
the University of Alberta. Decore married Anne Marie
Fedoruk on May 16, 1964. They had a daughter, Andrea,
on January 7, 1970 and a son, Michael, on October 18,
1973. In 1999, Laurence Decore died of cancer. The
University of Alberta holds a Professorship Chair in
Pharmacy and an open scholarship named in honour of
Laurence Decore.
Source de
l'image: , consulté le 9 septembre 2018
Arnaud Decroix
DECROIX, Arnaud, "La controverse sur la nature du droit applicable
après la conquête", (April 2011) 58(3) McGill Law Journal 489-542;
disponible à https://www.erudit.org/fr/revues/mlj/2011-v56-n3-mlj1811048/1005131ar.pdf
consulté le 11 Janvier 2018);
5. Les registres, de la période militaire
à Montréal (1760-1764) conservés à la Bibliothèque et
Archives nationales du Québec regroupent
ceux de la Chambre des milices de Montréal (compétente
aussi au criminel) (TL12) , ceux des Conseils militaires, en appel, dont
Varennes
(TL11), Montréal (TL279) et Saint-Sulpice (TL281) et,
enfin, la Collection de jugements en appel rendus par
Thomas Gage (TL10). Il
conviendrait d’y ajouter les registres de la période militaire à Québec (1760-1764),
notamment ceux du Conseil militaire
de Québec (TL9).
Pour un exemple d’application du droit durant cette
période, voir Arnaud Decroix, « Le conflit juridique entre
les Jésuites et les Iroquois
au sujet de la seigneurie du Sault Saint-Louis : analyse
de la décision de Thomas Gage(1762) » (2007) 41 : 1 RJT
279.
[note de renvoi numéro 5 au bas des pages 491-492]
"Defence Dept. Estates Branch Handled Over 44,000 Estates", National
Post, Saturday, 23 August 1947, available at
https://www.newspapers.com/image/..., accessed 27 May 2020;
-------------
James Garfield Gardiner,
1883-1962,
George Pearkes, 1888-1984
minister of Agriculture,
source:
source: en.wikipedia.org/wiki/George_Pearkes
en.wikipedia.org/wiki/James_Garfield_Gardiner
"Defense Minister's [Mr. McNaughton] Obligation", Globe and Mail,
1945/03/09; available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5068573
(accessed 15 April 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
Image
source: linkedin.com/in/randy-degering-10aab813,
accessed 23 May 2018
Randall DeGiring
DeGIRING, Randall, "What is NORAD's Role in Military Cyber Attack
Warning?", (May 2016) volume 12 Homeland Security Affairs,
Essay 5 at pp. 1-25, see WWW.HSAJ.ORG; available at https://www.hsaj.org/articles/10648
(accessed 11 January 2017);
Similarly, Canada drafted its own Cyber Security
Strategy in 2010. This strategy is the Canadian government’s
plan for meeting the cyberspace threat,
and delivers on the government’s commitment to implement a
cyberspace strategy to protect Canada’s digital
infrastructure. It acts as a cornerstone of
the government’s commitment to keep Canada, and its
cyberspace, safe, secure, and prosperous.
Further, Canada’s “Action Plan 2010-2015” then outlines the
Canadian government’s plan to implement the Cyber Security
Strategy and meet the ultimate
goal of securing Canada’s cyberspace for the benefit of
Canadians and their economy. The Action Plan outlines thirty
specific actions to take, the required
deliverables, and the lead agencies involved, all
coordinated to meet the three pillars outlined in the Cyber
Security Strategy.
Finally, the Canadian Forces Cyber Operations Primer,
drafted in 2014, describes Cyber Operations from a Canadian
Armed Forces (CAF) perspective, and
outlines the operational functions in the Cyber environment,
those being Command, Sense, Act, Shield, and Sustain. Under
the “Sustain” function, the Primer
states, “[s]ustaining the Force requires the CAF to engage
in a wide range of multi-national political/ military
alliances and arrangements (i.e., Five-Eyes,
NATO, NORAD.)” (Emphasis added.)60
----
60. Canadian Department of National Defence, “Canadian
Armed Forces Cyber Operations Primer,” Feb 2014, 6.
[pp. 13and 24]
Image
source: opencanada.org/contributors/ron-deibert/,
accessed 4 July 2017
Ronald J. Diebert
DEIBERT, Ronald J., 1964-, "Canada and the Challenges of Cyberspace
Governance and Security", SPP Communiqué, Vol. 5, Issue 3. ;
available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2245305
(accessed 16 August 2016);
DEIS, Peter S. (Peter Stanley), 1905-1966, Captain, on, see "Captain
Deis Is Army Prosecutor", Star-Phoenix, Regina,
Monday, 3 April 1944, available at , accessed 24 June 2020;
______on DEIS, Peter, see "Melville judge, Peter Deis, dies", Star-Phoenix,
Saskatoon, Saskatchewan, 13 October 1966, at p. 18, available at
https://www.newspapers.com/image/...., accessed 17 July 2020;
___________on DEIS, Peter, see his photo in The Leader-Post,
Regina, 13 October 1966 at p. 1, available at
https://www.newspapers.com/image/...., accessed 17 July 2020;
___________on DEIS, Peter, see his photo (detail) in Star-Phoenix,
Saskatoon, Wednesday, 5 October 1966 at p. 26, available at
https://www.newspapers.com/image/...., accessed 17 July 2020
Judge Peter S. Deis, chairing the Saskatchewan Library
Inquiry.
DEISERT, George F., "Separation of Military and Civil Offenders.
Jurisdiction of Civil and Military Courts. The Question of
Practice", (January 1918) 8(5) , Journal of the American
Institute of Criminal Law and Criminology 645-651;
article not consulted yet; source: https://www.jstor.org/stable/1134024?seq=1#metadata_info_tab_contents,
accessed 6 January 2019;
Both in England and in Canadathis
unwelcome phenomenon has been believed to be due chiefly to
the fact that in …
DE JONG, Derek, Lt(N), articles about this officer and his court
martial in Halifax (2014):
- deJong
D.D. (Lieutenant (N)), R. v., 2014 CM 2008 (CanLII), <http://canlii.ca/t/g7cq0>;
Standing Court Martial: the President and Military Judge was
Colonel M.R. Gibson; defence counsel was Major S. Collins;
the prosecutor was Lieutenant-Commander D. Reeves;
“You deserted in a fit of pique and (that)
persisted over many hours,” said Gibson. He
likened de Jong’s behaviour to a child who “picks
up their marbles and goes home.”
The judge said discipline in the Canadian Armed
Forces is crucial. Every officer is not only
supposed to instill discipline in the troops he
or she leads, but must show self-discipline and
that is what de Jong lacks, he said.
“You committed one of the most grievous breaches
of trust.
“You are not a young sailor flush with the
immaturity of youth,” he admonished.
“This is not behaviour that can be tolerated in any
member, much less a commissioned officer. … One does not run
away.
DELISLE, Ronald (Ron) Joseph (Ron), 1935-2013, "Evidence -
Plenary: A Comprehensive Statement of Evidence Rules?" in Don
Stuart, 1943-, R.J. Delisle and Allan Manson, eds., Towards
a Clear and Just Criminal Law: A Criminal Reports Forum,
Scarborough (Ontario): Carswell, Thomson Professional Publishing,
1999, v, 574 p., being chapter 1, pp. 1-61, ISBN: 045927077X;
Prof. Deslisle writes at p. 9: "In
1997 I was asked by the Judge Advocate General to revise the
Military
Rules of Evidence for use at Courts Martial". Chapter 1 and
its appendix contain the revised rules as
submitted to the Judge Advocate General in September 1997;
"The Canadian Army outsourced the security of some of its
operations in Afghanistan to at least 4 PMSCs, including
Blackwater. In 2008, one Canadian soldier was shot
dead in Afghanistan in a cross fire involving employees of
two
private military companies: Compass Integrated Security
Solutions and USPI. See Report Into Death of Canadian
Soldier Reveals Mistakes, CBCNEWS (Last Updated Jan.
29, 2009) (describing the incident and an official report
which concludes the soldier was killed by insurgents). On
June 16, 2009, almost a year after Canada had signed the
Montreux Document, neither the Ministry of Defense nor the
Ministry for Foreign Affairs would answer questions
about the compliance of the private military and security
companies contracted by the Canadian government in
Afghanistan with the good practices contained in the
Document. See Un Silence Qui Derange,
RADIO-CANADA.CA
(June 16, 2009),
http://www.radio-canada.ca/nouvelles/National/2009/06/16/002-Firmes-privees-guerres.shtml."
"In 2007 the Center on International Cooperation and the
Humanitarian Policy Group established a joint research team
in collaboration with the U.N. Office for the Coordination
of Humanitarian Affairs in order to carry out a study on the
use of private security companies in humanitarian
operations. The study was financed by the Government of Canada.181"
[note 181 reads: "See Human Rights and Protection of
Civilians 2007-08, FOREIGN AFFAIRS AND INTERNATIONAL
TRADE CANADA (last modified March 10, 2011),
http://www.international.gc.ca/glynberry/civilians-protection-civiles_0708.aspx."]
Annette Demers, image source: Google
Image, accessed on 24 June 2014
DEMERS, Annette, Book Review, "Canadian Military Law Annotated",
(Spring 2008) 33(1) Canadian
Law Library Review 275;
David Demirkan
DEMIRKAN, David, Legal Officer with the Office of the Judge
Advocate General 1997-2000, see https://ca.linkedin.com/in/daviddemirkan;
was Deputy Judge Advocate Halifax and Assistant Counsel
for Her Majesty the Queen in the case of R. v. Captain A.G.M.,
1997 CanLII 17818 (CA CM), <http://canlii.ca/t/gtnsb>
(accessed 10 May 2018);
Maritime
Surface Officer in the Canadian Navy 1982-1997
Legal Officer with the Office of the Judge Advocate
General 1997-2000
Served with the Department of National Defence,
Regular and Reserve Forces, as a naval officer and as
a military lawyer.
❖ United Nations Peacekeeper (Naval Observer) in
Cambodia. Awarded the Chief of the Defence Staff
Commendation for leadership and decisive action under
fire.
❖ Completed Canadian Forces Staff School Course
(Toronto). Graduate of Canadian Forces Fleet Schools
(Quebec and Halifax) and Venture, the Naval Officers
Training Centre.
❖ Operational experience included earning a Bridge
Watchkeeping Certificate for charge and control of
major Canadian naval vessels at sea. Awarded
Certificates of Competency Level 1 and Level 2. Served
as an Anti-Submarine Warfare Director at sea. Was
qualified to command tenders on the Pacific coast.
❖ Deployed internationally with NATO's Standing Naval
Force Atlantic. Crossed the Arctic Circle,
International Date Line, and Equator at sea.
❖ Served as a staff officer at Maritime Command
Headquarters, as an instructor, and as a ship's
officer. Extensive supervisory, management, and
leadership experience.
❖ Prosecuted and defended cases at Courts Martial.
Qualified as a Summary Trial Presiding Officer and
taught the Summary Trial Presiding Officer course.
❖ Participated in Canada - New Zealand Exchange
program (CANZEX) as Naval Contingent Commander based
at the Defence Headquarters in Wellington, NZ.
Honours and Awards:
Chief of the Defence Staff Commendation
Canadian Forces Decoration (CD)
Special Service Medal (North Atlantic Treaties
Organization deployments)
UNTAC Medal (United Nations Transitional Authority in
Cambodia)
David Demirkan is a multilingual lawyer, manager, and
leader. He served with the Royal Canadian Navy
as a seagoing officer and as a lawyer with the Office
of the Judge Advocate General. He currently runs
his
own practice and works as director of regulatory
affairs with a shipowner / ship manager.
David is a member of the Nova Scotia and Ontario
Bars. He has practiced law in private practice,
in house,
and in government. His practice areas include
maritime law/admiralty law, access to information and
privacy
law, administrative law, labour and employment law,
litigation, Crown law, economic regulatory law,
corporate/commercial law, and quasi-criminal law
(regulatory offences). He has appeared as
counsel before a
number of courts, boards, tribunals, and inquiries.
He practiced previously at the Halifax office of
McInnes Cooper, an Atlantic Canadian law firm which is
among Canada’s 20 largest law firms. He was a
member of the firm’s Maritime Law Practice Group and
editor of the firm’s maritime law newsletter. He
was also a member of the firm’s Litigation Group.
He has been Legal Counsel at the Canadian
Transportation Agency; and General Counsel and
Director of
Legal Services at the Canada Industrial Relations
Board (which deals with private sector labour issues
in
areas of federal jurisdiction including
transportation, navigation, and shipping).
David is a member of the Canadian Maritime Law
Association (CMLA), the County of Carleton Law
Association,
the Nova Scotia Barristers’ Society, the Law Society
of Upper Canada, the Ontario Bar Association (OBA),
the
Canadian Bar Association (CBA), and the Kiwanis Club
of Ottawa.
David chairs the OBA’s Public Sector Lawyers’ Section
and is immediate past-chair of its Law Practice
Management
Section. He is past chair of the CBA’s National
Civil Litigation Section. David is serving his
second term on the
Federal Courts’ Bench and Bar Liaison Committee which
meets regularly with judges of the Federal Court and
Court of Appeal.
DENDY, John Oliver, Major, Aid to the civil power, Directorate of
History Report, CFHQ 19, National Defence Headquarters, Ottawa, 23
February 1978, 152 p.; title noted in my research but document not
consulted yet (15 December 2011);
___________"The Canadian Armed Forces and the October Crisis of
1970", in Acta No. 14, Proceedings of the XIV th International
Military Colloquium, August 1988, Ottawa: Canadian
Commission of Military History, 1989, vol. 1, at pp. 321-331;
title noted in my research but article not consulted yet (5
January 2012);
DENISON, E., "Canada stifling access to information over Somalia
Inquiry, says McAuliffe", CCPJ [Canadian Committee to Protect
Journalists] Reporter nr. 1 (1998),
http://www.cjfe.org/reporter/1998-01/article8.html; title noted in
my research but article not consulted yet (25 August 2019);
.......... "Archives of
Manitoba, Robert Maxwell Dennistoun family fonds,
Diary "Archives of Manitoba, Robert Maxwell Dennistoun
family
(volume 8) – London, England 20 March 1917 – 30 April
1918,
fonds, Diary
(volume 8) – London, England 20 March 1917 –
P7905/8." 30 April 1918,
P7905/8."
Dennistoun kept a diary throughout the First World War and
his entries in the volumes are mostly summaries
of military action, prisoners taken, losses, victories – all
seen from the distance and relative safety of London.
He also records more personal losses including the death of
his son and the deaths and injuries of other
relatives and acquaintances.
___________Notes on district courts-martial, 2nd ed.,
London : Hugh Rees, 1917, v, 55 p., 15 cm, OCLC Number: 36716428;
copy at the Canadian War Museum Library, GEN UB 505 D46
1917;
Image
source: ebay.ca/itm/WW1-Canada-Canadian-Pamphlet-53rd-Battalion-Military-Law/122578793685,
accessed 6 July 2017
___________Notes on military law / by R.M. Dennistoun,
Winnipeg : Public Press Ltd, 1916, 32 p. ; 15 cm; copy at the University
of Victoria, McPherson Library; see next entry;
____________Notes on military law / by R.M. Dennistoun,
Winnipeg : Ladies' Home Workers' Association of the 53rd Overseas
Battalion, 166, Roslyn Road, Nineteen-sixteen [1916], 32 p., 15
cm, OCLC number 927381175, Publisher listed on cover; printer on
back cover. Database: WorldCat; ; copy at Library and
Archives Canada and at University of Victoria Libraries; see
previous entry above, same thing?
Summary
"The object of these notes is to record in concise form the
consecutive steps which must be taken, with
reference to The Army Act, The Rules of Procedure, and the
K.R. & O. These notes have been turned
over to the Ladies' Home Workers' Association of the 53rd
Overseas Battalion, in hope that the sale of
them may provide a few dollars for their unselfish and
patriotic work."--Preface.
He volunteered for active service during the First
World War and was given a commission as Captain in the Fort
Garry Horse, later becoming Lieutenant Colonel
of the 53rd Battalion in Europe, reaching the rank of Colonel by
the end of the war. In 1917 he was made Deputy Judge Advocate
General. He was made a
Commander in the Order of the
British Empire.
___________on DENNISTOUN, Colonel Robert M., see also McDONALD, R.
Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at pp.
23-24, available at i-xii and 1-102;
___________on DENNISTOUN, Colonel Robert M., see his
memorandum as Deputy Judge Advocate General, Overseas Military
Forces of Canada, dated 6 February 1919 on the General Court
martial of Captain H.H. Ross in Hastings, as an historical sample
of his work available at http://heritage.canadiana.ca/view/oocihm.lac_reel_t8696/215?r=0&s=1
(accessed on 25 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
Image
source: obits.democratandchronicle.com/obituaries/democratandchronicle/obituary.aspx?n=edgar-denton&pid=134153273,
accessed 27 September 2018
Edgar Denton III
DENTON III, Edgar, Military
History Symposium (Canada) (6th: 1979: Royal Military College),
Limits of Loyalty, Waterloo (Ontario): Wilfrid University
Press, 1980, xii, 128 p., copy at University of Ottawa, MRT General,
U 22 .M5 1979; title noted in my research but book not consulted yet
(10 January 2012);
In rare critical moments in history, the
professional officers of a national armed force may be faced
with the ultimate decision of whether to continue
to support the government to which they had originally given
their allegiance. The Sixth Royal Military College Military
History Symposium, held in
Kingston, Ontario, in March 1979, addressed five such
situations. George Stanley’s opening essay, in this
collection, discusses the general problem
and sets the pattern for succeeding essays. These range from
the British Army in the American Revolution (by Ira Gruber)
through the French Royal
Officers in the French Revolution (Samuel Scott), the Hapsburg
Officer Corps during the reign of Francis-Joseph (Gunther
Rothenberg), and the
Canadian Expeditionary Force in World War I (Desmond Morton),
to the German Officer Corps under Hitler in the Second World
War (Peter Hoffmann).
[source:
https://books.google.ca/books/about/Limits_of_Loyalty.html?id=UbxHLwEACAAJ,
accessed 29 July 2016]
Appropriate interfaces exist with the
client department, but the relationship between the JAG
and the DND/CF LA
is a continuing challenge for the DND/CF LA and for some
of its clients.
The Senior General Counsel and Legal Advisor of the DND/CF
LA is a member of the DND Departmental Executive Committee
and the Departmental Management Committee. She also sits on
a number of ADM-level committees in the DND. She stated that
she has a good relationship with the DND Deputy Minister and
with the DND ADMs to whom the DND/CF LA provides services.
Interviews with client ADMs corroborated this.
Despite these relationships, the DND/CF LA has limited
visibility within the CF. For example, it has no presence on
CF bases.
There is also an ongoing difference of opinion with the JAG
concerning the split of responsibilities between the DND/CF
LA
and the JAG for providing legal services to the DND/CF. The
DND/CF LA receives requests for legal services both directly
from clients within DND/CF and from the JAG. According to
the LSU, many within the CF, including the JAG, believe the
CF
should only go to the JAG for legal advice. The JAG, in
turn, will involve the DND/CF LA if it thinks it is
appropriate. Clients
contacted during the course of the audit corroborated this.
They noted that the JAG does not engage the DND/CF LA except
at
its discretion, or the client must determine who best to
consult: the DND/CF LA, the JAG, or both. In one case, a
civilian
reporting to a military officer indicated that he had been
instructed to deal only with the JAG and not to consult the
DND/CF LA directly.
Because the JAG specializes in military law and military
justice, in our view there is a risk that it will not fully
appreciate that some
files have other legal implications with respect to which
the DND/CF LA should be consulted. Furthermore, clients may
mistakenly
contact the JAG for advice on issues of domestic law when
they should consult the DND/CF LA. In both situations, the
client is at
risk of not receiving adequate and/or timely legal advice.
We were told that when the DND/CF LA is consulted by the
JAG, it is often on a last-minute, urgent basis. This
creates problems of
low morale in the DND/CF LA, as well as challenges in
managing operational workload.
The DND/CF LA has made efforts to reach out to its client
department and explain its role and potential contribution
to the DND/CF.
Its legal risk awareness program, for example, has provided
training to over 6,000 DND/CF employees since its inception.
Despite
these efforts, the relationship between the DND/CF LA and
the JAG remains strained. In an effort to reduce the strain,
senior
management in the DND/CF planned an initiative to clarify
the respective responsibilities of the two units. A mediator
was to be
appointed who would identify legal areas concerning which
the DND/CF LA must be involved and when the JAG must consult
with it.
We were told that this initiative has not gone forward.
However, interviews with client representatives within the
DND/CF revealed
that some are concerned by the lack of clearly understood
responsibilities between the DND/CF LA and the JAG.
It is our opinion that while appropriate interfaces exist
with the client department, the relationship between the JAG
and the DND/CF LA
is a continuing challenge for the DND/CF LA and for some of
its clients. Ongoing efforts will be necessary to resolve
this issue.
Recommendation and Management Response
5. It is recommended that the
Senior General Counsel and Legal Advisor continue to bring
the state of the working relationship
between the DND/CF LA and the JAG to the attention of
senior officials in the Department of Justice.
Agreed. Senior officials at the Department
of Justice and the Department of National Defence and the
Canadian Forces are aware of
this issue and discussions continue. In the meanwhile legal
analysis has been undertaken of the respective statutory
roles of JAG and DOJ
and comparative analysis is underway of how counterpart
organizations function in other partner countries.
In the meantime, also, DND/CF LA seeks to
improve relations and communications with JAG lawyers by
working collaboratively with
JAG officers and DOJ counsel on legal advice, having regular
meetings between the JAG and the DND/CF LA, ensuring that
DOJ speaks
with one voice when advising the DND/CF client, and by
sharing training opportunities and participating in joint
social activities with JAG.
(source: http://www.justice.gc.ca/eng/rp-pr/cp-pm/aud-ver/2010/ndcf-dnfc/09.html,
accessed 4 December 2014)
Image
source: https://twitter.com/JAGCAF, 11 May 2018, accessed 19 May
2018
DEPARTMENT OF JUSTICE CANADA, photo of Women Litigators Group with
Commodore Bernatchez, 14 May 2018;
Office of the JAG@JAGCAF May 14 [2018]
Commodore Geneviève Bernatchez was pleased to speak to the
@JusticeCanadaEN
Women Litigators Group today about her journey as a
military lawyer, and her role and
responsabilities as the @Canadian Forces Judge Advocate
General.
DEPARTMENT OF MILITIA AND DEFENCE, Instructions for dealing with
deserters and absentees without leave / by direction of the
Minister of Militia and Defence in Militia Council the appended
instructions for dealing with deserters and absentees without
leave will be carefully observed by all concerned, Ottawa :
King's Printer, 1917, 54 p. ; 25 cm., NOTES: "26th December, 1917.";
Technical Manual; Other title: Revised Instructions for dealing
with deserters and absentees without leave / by direction of the
Minister of Militia and Defence in Militia Council the appended
instructions for dealing with deserters and absentees without
leave will be carefully observed by all concerned; copy
at the CWM (Canadian War Museum) LIBRARY / BIBLIOTHÈQUE DU
MCG (Musée canadien de la guerre): REF TECH UB 788 C36 1917;
___________Revised instructions for dealing with deserters and
absentees without leave / by direction of the Minister of Militia
and Defence in Militia Council the appended instructions for
dealing with deserters and absentees without leave are issued in
substitution for those dated 26th December, 1917, Ottawa :
King's Printer, 1918, 60 p. ; 25 cm., CWM LIBRARY / BIBLIOTHÈQUE DU
MCG : REF TECH UB 788 C36 1918;
DEPARTMENT OF NATIONAL DEFENCE, Access to Information Act answer,
Department of National Defence File A-2015-00922, available at http://lareau-legal.ca/A-2014-00922.PDF
(accessed 4 October 2015); the answer published here is to
"Request Summary: The specific criteria to assess promotion from
Major to LCol, LCol to Colonel within the Office of the Judge
Advocate General for each of the past 10 years"; François Lareau
obtained this answer from the Department of National Defence,
National Defence Headquarters, Director, Access to Information and
Privacy letter File
AI-2015-00142, 28 September 2015;
DEPARTMENT OF NATIONAL DEFENCE, Access
to
Information Act Standard Operating Procedures, December
2011, 59 p., a completed Access to Information Act Request file
A-2012-01212, see http://www.lareau-law.ca/ATI2012-00889.pdf
DEPARTMENT OF NATIONAL DEFENCE, Board of Inquiry --Croatia:
Final Report, 2003, 53 p.;
DEPARTMENT OF NATIONAL DEFENCE, "Canada -- Civilians and the
Military: Their Legal Interrelation in Peace and War", (1991) 1 Recueils
de
la Société internationale de droit militaire et de droit de la
guerre 353-374 (Twelft International Congress, Brussels, 27-31
May 1991: Military Support for the Civilian Society and Civilian
Support to the Armed Forces);
DEPARTMENT OF NATIONAL DEFENCE, Canadian Forces Publications
OLTRS [On Line Text Retrival System] on CD-ROM, published by
DND, DisFinCS/DSI (FinSM), the
last issue of this CD-ROM was in February 1998; research
note: "This bilingual database indexes and provides the full-text of
a variety of CF publications including CFAOs [Canadian Forces
Administrative Orders], CFMOs [Canadian Forces Medical
Orders], QR&Os [The Queen's Regulations and Orders for
the Canadian Forces], CPAOs [Civilian Personel
Administrative Orders] and publications pertaining to
Army doctrine as well as manuals related to administration, material
management, project management, national search and rescue and the
Treasury Board. Also includes Canadian distance tables, an hotel
directory for government employees and the NDHQ telephone
directory." (source: Web site of the Canadian Forces College
Toronto; this quotation was written for the Canadian Forces
Publications OLTRP on CD-ROM, the previous title); FRANÇAIS :
MINISTÈRE DE LA DÉFENSE NATIONALE, SRTED : Publications des
Forces canadiennes sur CD-ROM, publié par MND, DisFinCS/DSI
(FinSM), le dernier CD-ROM
date de février 1998; note de recherche: «Cette base
de données bilingue répertorie et présente une variété de
publications complètes des FC y compris les OAFC [Ordres
administratifs des Forces canadiennes], OSSFC, ORFC [Ordonnances
et règlements royaux applicables aux forces canadiennes], OAPC
[Ordres administratifs pour le personel civil?] et les
publications ayant rapport à la doctrine de l'Armée et aux manuels
de l'administration, la gestion du matériel, la gestion de projets,
la recherche et le sauvetage national et le Conseil du trésor. Elle
comprend aussi des tableaux canadiens des distances, un répertoire
des hôtels disponibles aux fonctionnaires et l'annuaire téléphonique
du QGDN.» (Source: Collège des Forces canadiennes Toronto);
DEPARTMENT OF NATIONAL DEFENCE, DCDS Instruction 2/01: Provision of
Canadian Forces assistance to RCMP Drug Law Enforcement
Operations. (February 2001) DCDS 3000-31) FRANÇAIS :
MINISTÈRE DE LA DÉFENSE NATIONALE, Instruction du QGDN SCEMD 2/01, Prestation
d’assistance des FC aux opérations de répression des toxicomanies
de la GRC
SSE [Canada’s Defence Policy-Strong, Secure, Engaged]
articulates a new vision for Defence,
anchored on being Strong at home, Secure in North
America and Engaged in the world. It is
grounded in a thorough assessment of the global security
environment, and it directs a new
approach to defence – Anticipate, Adapt, Act. SSE
requires and sets the necessary conditions
so that the CAF is prepared to conduct eight core
missions and execute concurrent operations
as previously described. Therefore, Defence must align
all the elements of its foundational strategic
and operational directions and plans. First and
foremost, everything Defence does must support
the development of its capacity and the capabilities
required to conduct the concurrent operations
directed in SSE. Specific tasks related to this priority
are as follows:
.... SJS [Strategic Joint Staff], supported by ADM
(Pol), VCDS and Judge Advocate General (JAG)
and in collaboration with the US, will coordinate the
Canadian NORAD Modernization/Evolution of North American
Defence (EVONAD) efforts; [pp. 7-8]
DEPARTMENT OF NATIONAL DEFENCE, Judge Advocate General, Memorandum,
"Treatment of Conscientious Objectors in Canada", DND, R.G.
24, V. 5953, HQ 1064·30-67-v3;
DEPARTMENT OF NATIONAL DEFENCE, The
Law
of Interrogations: The Issue of Torture and Ill-Treatment
(Bilingual), Ottawa :Office of the Judge Advocate General,
2008,
1 v. (various pagings); copy at Canadian Forces College Library;
DEPARTMENT OF NATIONAL DEFENCE, The
Military
police
in transition: [videorecording] a time of change / presented by
the Department of National Defence; produced for the Dept. by
Royal York Communications, [Ottawa] : Dept. of National
Defence, 1998, 1
videocassette (10 min., 48 sec.) : sd., col ; 13 mm.;
Summary
Reviews the history of the Canadian military police and discusses
the organizational changes, roles and responsibilities of this
group. Specifially focusses on
the affects of the Dickson Report on the Canadian military police
with respect to the chain of command, independent investigations
and the Military Police
Complaints Commission. [Source: http://ares.cfc.forces.gc.ca/rooms/portal/media-type/html/language/en/country/US/user/anon/page/Sirsi_AdvancedCatalogSearch,
accessed on 1 January 2012]
DEPARTMENT OF NATIONAL DEFENCE, Military Police Policies and
Technical Procedures, National Defence Index of Documentation
number A-SJ-100- 004/AG-000, 2000?, available at http://www.lareau-law.ca/A-2013-00565.pdf
(accessed on 17 October 2013); notes: copy of the result of Access to Information Act request
A-2013-00565
(not made by François Lareau),
1045 p. with changes /amendments from 2000 to 14 September 2007); FRANÇAIS :
MINISTÈRE DE LA DÉFENSE NATIONALE, Consignes et procédures
techniques de la police militaire, index de documentation de
la Défense nationale numéro A-SJ-100-004/AG-000, disponible à
http://www.lareau-law.ca/A-2013-00565.pdf
(vérifié le 17 octobre 2013); notes: copie du résultat de la
demande (non faite par François lareau) en vertu de la Loi sur l'accès à l'information,
1045 p. avec les modifications de 2000 au 14 septembre 2007;
History of this publication /
Historique de cette publication
Military Police Policies (Bilingual), 1995-10-31 with
modifications on 28 February 1996 (series; Security Orders for the
Department of National Defence and the Canadian Forces; vol.
4), National Defence Index of Documentation number A-SJ-100-
004/AG-000; FRANÇAIS : Consignes de la police Militaire (Bilingue), [Ottawa?],
1995-10-31, avec des modifications en date du 28 février 1996
(Collection: Règlement de sécurité du ministère de la
défense nationale et des forces canadiennes; vol. 4), index de
documentation de la Défense nationale numéro
A-SJ-100-004/AG-000;
Military Police Procedures
(Bilingual), April 1991 (series; Security Orders for the
Department of National Defence and the Canadian Forces; vol. 4)
National Defence Index of Documentation #: A-SJ-100-
004/AG-000; FRANÇAIS : Consignes de la police Militaire (Bilingue), avril 1991,
(Collection: Règlement de sécurité du ministère de la
défense nationale et des forces canadiennes; vol. 4), index de
documentation de la Défense nationale #: A-SJ-100-004/AG-000;
Criminal Investigative
Procedures (Bilingual), 1986, Index of Documentation of
National Defence #A-SJ-100-004/AG-000; FRANÇAIS : Procédures d'enquêtes judiciaires (Bilingue),
1986, index de documentation de la Défense nationale:
# A-SJ- 100-004/AG-000;
DEPARTMENT OF NATIONAL DEFENCE, The National Defence Act : Explanatory
Material, [Ottawa]: National Defence Headquarters, 1950,
322 p., 37 cm; Notes: "NDHQ 1 Nov. 50", I, François Lareau, obtained
a pdf copy file of this document on 26 January 2012 under Access to
Information Act Request-- DND reply letter file A-2011-01093/Team
4-2, 24 January 2012; the file also include a table of
concordance of the National
Defence Act for the years 1950, 1952, 1970 and 1985; explains the sources of the National
Defence Act provisions; copy at the JAG Library, Ottawa and
also a copy at the Canadian War Museum, Hartland Molson Library,
call number UA 600, 325 p.; copy available at http://www.lareau-legal.ca/NDAExpMat.pdf
--THIS
IS A BIG FILE -- BE PATIENT! (put on line on 27 January 2012);
DEPARTMENT OF NATIONAL DEFENCE, National Defence Index of
Documentation System (Bilingual), [Ottawa], 1986-,
National Defence Index of Documentation #: C-01-000- 102/AG-000; Research
Note by François Lareau: the purpose of this publication is
explained at p. 1-1-1: "This publication describes the National
Defence Index of documentation (NDID) system and its use in
identifying equipment and indexing publications and related
documentation". See the new NDID/EID CD-ROM, supra; FRANÇAIS :
MINISTÈRE DE LA DÉFENSE NATIONALE, Index de documentation de la
défense nationale (Bilingue), [Ottawa?], 1986-, index de
documentation de la Défense nationale #:
C-01-000-102/AG-000; Note de recherche par François
Lareau: Le but de cette publication est expliqué à la p.
1-1-1: [traduction de François Lareau du texte anglais ci-haut; la
version française n'était pas disponible pour la rédaction de cette
note] "Cette publication décrit le système de l'Index de
documentation de la défense nationale et son utilisation afin
d'identifier l'équipement et d'indexer les publications et la
documentation connexe"; voir le nouveau NDID/EID CD-ROM, supra;
DEPARTMENT OF NATIONAL DEFENCE, National Defence Security
Instructions (NDSI), issued on the authority of the Canadian
Forces Provost Marshall (CFPM); note the NDSI will replace all
chapters of the National Defence Security Policy (NDSP); see Table
of contents and Glossary, 27 p., available at http://www.lareau-law.ca/A201301069.PDF
(put on line on 11 June 2014); obtained as a response to an Access
to Informatuion Act request at the Department of National Defence,
NDHQ, Access to Information and Privacy, file A-2013-01069, dated 1
April 2014,
DEPARTMENT OF NATIONAL DEFENCE, NDHQ Instruction DCDS 2/98 -- Guidance for the Conduct
of Domestic Operations, 3301-0 (DCDS) (10
July 1998), available at 3301-0
(DCDS)
(accessed on 19 June 2012); also
available at https://info.publicintelligence.net/CA-DomesticOperations.pdf
(accessed on 3 May 2014); FRANÇAIS
MINISTÈRE DE LA DÉFENSE NATIONALE, Instruction du QGDN SCEMD 2/98, Directives
pour la conduite des opérations nationales
DEPARTMENT OF NATIONAL DEFENCE, NDID/EID CD-ROM, National
Defence Index of Documentation/Equipment Identification and
Documentation, NDID Number: C-00-000-000/AX-001, March
1998-; Research Note by François Lareau: CD-ROM
containing a list of all DND publications; updated
periodically; see http://bib.cfc.dnd.ca/ipac20/ipac.jsp?session=1205LJ99V3892.433&profile=cfc&uindex=SW&term=Canada.%20Minist%C3%A8re%20de%20la%20D%C3%A9fense%20nationale%20--%20Index&aspect=subtab46&menu=search&source=~!horizon
(accessed on 26 July 2008); important research tool; FRANÇAIS : MINISTÈRE DE LA DÉFENSE NATIONALE, NDID/EID CD-ROM,
Index de documentation de la défense nationale/identification de
l'équipement et documentation, Mars 1998-;Note
de recherche par François Lareau : CD-ROM contenant la liste
des publications du MND; mise à jour périodique périodique; outil important
de recherche;
History
/
Historique
General, Administrative, Operational and Tactical Publications
- A and B Programs Index (Bilingual), 1991-, Index of
Documentation #: A-01- 000-000/AX-000; this book lists the
publications of the A Programs (General Administrative) and the B
Programs (Operational/Tactical); superseded by the NDID/EID CD-
ROM, supra; FRANÇAIS : Répertoires des publications générales, administratives,
opérationelles et tactiques - Programmes A et B de l'index
(Bilingue), 1991-, index de documentation de la
Défense nationale: # A-01-000-000/AX-000; ce livre décrit
les publications des programmes A (administratif général) et B
(opérationels/tactiques); remplacé par le NDID/EID CD- ROM, supra;
DEPARTMENT OF NATIONAL DEFENCE, Officer Professional
Development Program -- Student Study Guide, OPDP 4 - Military
Law 1995/1996, [Ottawa?], National Defence Index of
Documentation A-PD-050-0D1/PG-004; Research Note by
François Lareau: The other Officer Professional
Development Program (OPDP) are: OPDP 2: General Service
Knowledge; OPDP 3: Administration and Training; OPDP
5: Service Support; OPDP 6: National and International
Studies; OPDP 7: War and the Military Profession;these books are published and updated every year; FRANÇAIS :
MINISTÈRE DE LA DÉFENSE NATIONALE, Programme de
perfectionnement professionnel des officiers -- Guide de travail
de l'étudiant, PPPO 4 - Droit militaire 1995/1996, [Ottawa]:
index de documentation de la Défense nationale #: A-
PD-050-0D1/PG-004); Note de recherche par François Lareau:
Les autres PPPO sont: PPPO 2: Connaissances militaires
générales; PPPO 3: Administration et formation; PPPO
5: Soutien; PPPO 6: Études nationales et
internationales; PPPO 7: La guerre et la profession
militaire; ces livres sont publiés et mis à jour chaque
année;
DEPARTMENT OF NATIONAL DEFENCE, Proposed code of the law of
evidence for Canadian courts-martial [Prepared by H.E. Read and
others], [s.l. : s.n., 1956?], 93 p.; copy at Dalhousie
University, Halifax, Nova Scotia;
DND/CF Publications
of interest to a lawyer or a researcher
(see also under "Manuals/Manuels" in Bibliography M-R at /www.lareau-law.ca/military.2M-R.html)
- The Army, Civil–Military Cooperation Tactics, Techniques and
Procedures, B-GL-355-001/FP-001. Ottawa: Queen’s Printer,
2006; title mentioned in the bibliography of Christopher
Ankersen,The Politics of Civil-Military Cooperation: Canada in
Bosnia, Kosovo, and Afghanistan, at p. 217;
- ADM (Fin CS), Access to Information and
Privacy, online:
DIN:<http://admfincs.mil.ca/subjects/ati/intro_e.asp>, as
mentioned in Manual Administrative Law, 2008 at p. 9-12;
- ADM (Per), Responsible Officer Guide to Harassment
Prevention and Resolution Policy (Ottawa: DND, 15 July
2004), online: DIN
<http://hr.ottawa-hull.mil.ca/harassment/engraph/ROGuide-e.pdf>;
as mentioned in Manual Administrative Law, 2008 at p.
22-18;
-
Canada Command and
United States Northern Command, 14 February 2008,
Canada-US Civil Assistance Plan (CAP) CANUS CAP-08,
available at http://www.canadacom.forces.gc.ca/docs/pdf/cap_e.pdf
(accessed on 2 April 2012);
c. CF Legal Advisor roles and responsibilities.
The principal role of legal officers in the Canadian Forces is
to provide advice to supported commanders and staff, as
required. However, Legal Advisors continue to remain under the
command of the Judge Advocate General and not the supported
commander. The main areas of legal advice provided include:
(1) the legal basis for each task, including its legal
authority and limitations;
(2) ROE;
(3) use of force;
(4) application of all federal and provincial legislation,
regulations, OICs, MOUs, and other directives;
(5) legal implications of CF members having or not having
peace officer status;
(6) legal aspects of communications monitoring or
interception;
(7) liaison and coordination with the legal advisors and
staffs of OGDs and OGAs;
(8) other operational law topics such as CF maritime/land/air
ops, CT, CBRN, DCAARs/ISDRs, special duty issues, permissible
activities under Ministerial and OIC authorizations, etc.;
(9) review of arrangements for provision of logistical,
technical or administrative support;
(10) CF and individual liability exposure;
(11) risk management;
(12) claims by and against the Crown;
(13) military justice and the Code of Service Discipline;
(14) military administrative law, including personnel issues,
summary investigations and boards of inquiry; and
(15) other legal matters of particular interest to commanders
and the CF
[pp. E-1-5 and E-1-6]
......
i. Legal review of rules of engagement (ROE) rules for the
use of force (RUF). All supplemental ROE/RUF request
will be coordinated with the supporting SJA/Legal Advisor.
References at 1. apply. For CF, controlling the use of force
is both an operational and a legal imperative. Under the
Canadian system the use of force in personal, unit and force
self- defence is separate from ROE. With or without ROE, CF
members are entitled to use force in self-defence. All use of
force by military forces within Canada must comply
with domestic law, specifically the Criminal Code of Canada.
Commanders should consult with their legal advisors to ensure
that their ROE/RUF are compliant with domestic
law. USNORTHCOM and CF legal advisors shall coordinate with
their respective operations staff (J3) and one another to
identify potential U.S. and Canadian ROE/RUF
differences and proactively work to harmonize those
differences, when lawful and feasible.
[p. E-1-9]
Canadian Forces, Information Operations in Land Operations,
B-GL-300-005/FP-001. Ottawa: Queen’s Printer, 1998; title mentioned
in the bibliography of Christopher Ankersen, The Politics of
Civil-Military Cooperation: Canada in Bosnia, Kosovo, and
Afghanistan, at p. 216;
-----------
Canadian Forces Joint
Publication CFJP 1-3, Code of Conduct After Capture,
2nd Edition (Supersedes
B-GJ-005-110/FP-010, 1st
Edition, dated October 2004), 5
December 2013, 34 pages; I obtained a copy
with the letter to me (François Larau)
from Kimberly Empey, Director, National
Defence, Access to Information and Privacy,
her file A-2015-00724 dated 19 October2015;
certain pages were withheld from disclosure pursuant to
section 15 (defence and international affairs) of the Access
to Information Act.
- Canadian Forces
Joint Publication, CFJP 5.1, Use of Force for CF
Operations, B-GJ-005-501/FP-001,
2010-07;
available at http://www.cfc.forces.gc.ca/JCSPDL/Readings/B-GJ-005-501-FP-001_e.pdf
(accessed on 1 August 2012); this document has been the
subject of a previously released file A-2014-0673,
Access to Information and Privacy, National Defence; you
can ask for a free copy!; this is how, I obtained my
free copy, file AI-2017-00040, dated 6 June 2017;
- Canadian Forces Provost Marshal, Privacy and Access to
Information, online:
DIN:<http://vcds.mil.ca/cfpm/pubs/pol-serv/atip/intro_e.asp>,
as mentioned in Manual Administrative Law, 2008 at p. 9-12;
- Canadian
Forces Supply Manual, A-LM-007-014/AG-001,
DIN:<http://dgmssc.ottawa-hull.mil.ca/dmpp_apps/SupplyManual/WebHelp/index.htm>,
as mentioned in Manual Administrative Law, 2008 at p. 8-12;
- CDS, CDS Guidance to Commanding Officers,
2005, as mentioned in Manual Administrative Law, 2008 at
p. 13-6;
- Chief of the Defence Staff, Guidelines – Removal from Command,
12 December 2001; as mentioned in Manual Administrative Law,
2008 at p. 14-10;
- CF Doctrine Manual. Prisoner of War Handling, Detainees,
Interrogation & Tactical Questioning in International
Operations. Ottawa: Department of National Defence.
B-GJ-005-110/FP-020
-CFPAS (CF Personnel Appraisal System) Handbook,
v.2005.0.6.; as mentioned in Manual Administrative Law,
2008 at p. 15-6;
- CFPAS (CF Personnel Appraisal System) Policy Directive,
v.2005.0.6; as mentioned in Manual Administrative Law,
2008 at p. 15-6;
.
- CFPSA Finance
Division, A Brief History of Non-Public Funds, online: DIN:
<http://www.cfpsa.com/en/services/finance/index.asp>, as
mentioned in Manual Administrative Law, 2008 at p. 6-11;
- CFPSA, Non-Public Property Reading Package, Symposium for Newly
Appointed Base and Wing Commanders and Chief Warrant Officers
(Ottawa: 6 May 2004), online: DIN:
<http://cda-acd.mil.ca/bcs/engraph/presentation/2005/2005_e.asp>,
as mentioned in Manual Administrative Law, 2008 at p. 6-11;
- DCDS, DCDS Direction for International Operations 2/2001, online:
DIN: <http://dcds.mil.ca/cosj3/ndcc/docs/sops/DDIO_e.pdf>, as
mentioned in Manual Administrative Law, 2008 at p. 6-11;
- Delegation
of Authorities for Financial Administration for the DND and the CF
(Ottawa, 20 December 2004), A-FN-100-002/AG-006;
DIN:
<http://admfincs.mil.ca/dfpp/prov_e.asp>;
mentioned in Manual
Administrative Law, 2008 at p. 7-4;
- Directorate
Access to Information and Privacy, Welcome to Access to
Information and Privacy Course, 09/04 (PPT); mentioned
in Manual Administrative Law, 2008 at p. 9-12;
-DMCARM, Guidelines for Retention of Members with
Medical Employment Limitations, para. 1, online: DIN
<http://hr.ottawa-hull.mil.ca/dgmc/docs/programs/admreview/Guidelines_b.pdf>;
mentioned in Manual
Administrative Law, 2008 at p. 13-6;
- DND, ADM
(Fin CS), Memoranda of Understanding (MoU) Writing Guidelines;
DIN:
<http://admfincs.mil.ca/admfincs/subjects/daod/7014/MoU/guide_e.asp>,
mentioned in Manual Administrative Law, 2008 at p. 5-3;
- DND, JAG, Service Estates & Elections, online:
DIN<http://jag.dwan.dnd.ca/estates_and_elections/default_e.asp>,
mentioned in Manual Administrative Law, 2008 at p. 10-9;
- DND Laboratory Standards for Drug Screening in the CF,
A-AD-007-012/AG-001, as mentioned in Manual Administrative Law,
2008 at p. 21-10;.
.
- DND, Responsible Officer Guide to
Harassment Prevention and Resolution Policy, Ottawa, 15 July
2004 (DIN:
<http://hr.ottawa-hull.mil.ca/harassment/engraph/ROGuide-e.pdf>,
mentioned in Manual Administrative Law, 2008 at p. 3-10);
- Harassment
Prevention and Resolution Course for Supervisors– Participant’s
Manual (March, 2002); see
see
Manual Administrative Law, 2008 at p. 3-11);
- Harassment
Prevention and Resolution Guidelines, A-PM-007-000 FP-001
(DIN:
<http://hr.ottawa-hull.mil.ca/harassment/engraph/prevention.pdf>,
see Manual Administrative Law, 2008 at p. 3-10 and 22-18);
- Inter-Agency Handbook
for Domestic Operations, 2004, B-GL-005-308/FP-010;
- Leadership Vol. 1 – Junior Leaders Manual, A-PD-131-001/PT-001,
online: DIN
<http://otgmati000041.ottawa-hull.mil.ca/docFetch?objId=09000fa080019aa9&format=pdf>;
mentioned in Manual Administrative Law, 2008 at p. 22-18;
- Manual for the Air Force policeman, Ottawa, 1964?, 1 v.
(loose-leaf) 27 cm, OCLC Number: 1015589513, CAP ;101, National
Defence, Headquarters Library, Ottawa;
- National Defence, Prisoner of War Handling Detainees and
Interrogation & Tactical Questioning in International
Operations, B-GJ-005--110/FP-020, dated 2004-08-01, available
at http://www.lareau-legal.ca/A-2015-00720.PDF
(put on the internet on 7 March 2017); obtained as a result of an Access
to Information Act request, National Defence, Access to
Information and Privacy letter, 19 January 2017, file A-2015-00720
(put on the internet on 7 March 2017), see http://www.lareau-legal.ca/ATI-2015-00720.pdf;
- Personnel Policy Review: Canadian Forces Approach to
Harassment in the Workplace (Ottawa: ADM (Personnel), April
1993); mentioned in Manual Administrative Law, 2008 at
p. 22-18;
- Policy and Procedures for Non-Public Funds Accounting,
A-FN-105-001/AG-001, see Manual Administrative Law,
2008 at p. 6-11;
- Policy Governing Operation of Personnel Support Programs in
theCanadian Forces, Volume 2 – Administration of Personnel Support
Programs in the Canadian Forces, A-PS-110-001/AG-003;
mentioned in Manual Administrative Law, 2008 at p. 6-11;
- Provision of Services, B-GS-055-000/AG-001, DIN: DIN
<http://admfincs.mil.ca/dfpp/prov_e.asp>; mentioned in Manual
Administrative Law, 2008 at p. 7-9;
- Substance Abuse: Drug Testing
Manual, A-AD-007-013/AG-001, mentioned in Manual
Administrative Law, 2008 at p. 21-10;
- Substance Abuse: Supervisor’s Handbook; Education for First
Time Offenders, A-AD-007-010/AG-001; mentioned in Manual
Administrative Law, 2008 at p. 21-10;
DEPARTMENT OF NATIONAL DEFENCE, Report
On
Certain “Incidents” Which Occurred On Board H.M.C. Ships
Athabaskan, Crescent And Magnificent And On Other Matters
Cncerning The Royal Canadian Navy, Ottawa:: King's Printer,
1949, 57 p.; (hairman: Edmond Rollo Mainguy., 1901-); Notes:
Department of National Defence (Naval Service), October 1949; the
Mainguy Report;
"Explains the procedures involved
in a summary trial. Two persons are accused of the same
infraction and come before a military court. One trial
is held before a delegated officer and the other by the commanding
officer" (from the Catalogue of Canadian Forces Command and Staff
College Toronto, 1985 edition);
This DND and CF Code of Values and
Ethics is a directive that applies to employees of the Department
of National Defence and an order that applies to officers and
non-commissioned members of the Canadian Forces. A breach of
its principles, values or expected behaviours may result in
administrative and / or disciplinary measures being taken under
this DND and CF Code of Values and Ethics and the
relevant Defence Administrative Orders and Directives
(DAODs). In addition for CF members, compliance with
the DND and CF Code of Values and Ethics is deemed necessary for
good order and discipline and disciplinary measures as may also be
warranted under the Code of Service Discipline.
Judge Advocate General (JAG):
The Office of the JAG is capitalizing on new
technology to improve service delivery and
decision making.
The Office is in the process of modernizing
their Performance Measurement Decision Support
System,
which will reduce the amount of administrative
burden currently imposed on legal officers so
that they
may focus on operational outputs. [p. 19]
Canada's first female infantry officer resigned
from the Canadian Forces in January 1996. In the spring, an
anonymous letter was received
by then Chief of Defence Staff, General Jean Boyle, alleging
that Captain Sandra Perron was subjected to harassment
during her infantry
training and employment. He therefore ordered an
investigation be carried out to determine whether or not the
allegations were founded.
Lieutenant-Colonel Denis Mercier was tasked to investigate
and found that there had been more than one incident. A
further investigation
was ordered into the specific events of April 29-30, 1992.
Both of these investigations were submitted to
Lieutenant-General Maurice Baril,
Commander of Land Force Command, the first in June 1996 and
the second in December 1996.
......
Action taken
In March 1995 the Chief of the Defence Staff issued a
directive that all conduct-after-capture training be
suspended from the army. Prior
to this formal directive, however, all
conduct-after-capture training had ceased. The
corresponding Land Force Command Orders have also been
revised.
The directing staff member was counselled for infringing
Land Force Command Order 23-9. He was later released from
the Canadian Forces
due to similar conduct in unrelated incidents.
The broader issue of integrating women into the combat arms
is a concern that Land Force Command and the Canadian Forces
are addressing.
Land Force Command is working with the Canadian Forces
Recruiting, Education and Training System, and other
organizations within the
Department, on various initiatives that are addressing
leadership-training issues and attitudinal and cultural
shifts that promote recruiting and
retaining women in the combat arms. These initiatives
include: ....
DEPARTMENT OF NATIONAL DEFENCE AND the Canadian Forces, Office of
the Legal Advisor to the Department of National Defence and
Canadian Forces (DND/CF LA), see http://www.dndcfla.forces.gc.ca/mn-pr.aspx?lang=eng
(accessed on 26 February 2012) FRANÇAIS :
MINISTÈRE DE LA DÉFENSE NATIONALE et Forces canadiennes, Le
Cabinet du Conseiller juridique auprès du ministère de la Défense
nationale et des Forces canadiennes (CJ MDN/FC), voir http://www.dndcfla.forces.gc.ca/mn-pr.aspx?lang=fra&pt=8
(visité le 26 février 2012)
"The DND and CF Legal Advisor, a
unit of the Department of Justice, 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 DND/CF LA is the primary legal service provider
in the areas of legislative and regulatory services, pensions and
finance, claims, materiel procurement, environment and real
property, civilian labour relations, public laws including human
rights, information and privacy matters and intellectual property
issues." (source: http://www.forces.gc.ca/admpol/Organization-e.html,
accessed on 26 February 2012)
------
"Le Conseiller juridique du MDN et des FC, une unité du ministère
de la Justice, donne des avis juridiques au Ministère et aux
Forces sur des questions autres que le droit militaire et la
justice militaire, conformément aux dispositions de la Loi sur
le ministère de la Justice. Le CJ MDN/FC est le
principal prestataire de services juridiques dans les domaines
suivants : services législatifs et de réglementation,
pensions et finances, demandes de règlements, acquisition de
matériels, environnement, biens immobiliers, relations de travail
(personnel civil) et droit public, notamment les questions en
matière des droits de la personne, de l'accès à l'information, de
la protection des renseignements personnels et de la propriété
intellectuelle." (source: http://www.forces.gc.ca/site/minister/fr/authority/OA-C_f.htm,
vérifié le 31 juillet 2008);
The Office of the DND/CF Legal Advisor (DND/CF LA) will provide objective and strategic legal advice to DND and the CF, on behalf of the Department of Justice, under the authority of the Department of Justice Act31 through:
•
Joint legal risk management planning and priority‐setting;
•
Effectively and efficiently providing high‐quality solution‐oriented legal advice and services from a whole of government perspective; and
•As needed, co-ordinating the provision of the DND/CF LA legal services with other parts of the Department of Justice, the Office of the JAG, the Department of Foreign Affairs and International Trade (DFAIT) Legal Bureau
and the Privy Council Office (PCO) Legal counsel to ensure consistent, high quality legal advice is provided to the DND/CF and the Government of Canada.
(source,
Department of National Defence
-- Report on Plans and Priorities, 2011-12, at p. 45 available
at http://www.tbs-sct.gc.ca/rpp/2011-2012/inst/dnd/dnd-eng.pdf,
accessed on 29 November 2011);
-------
Le bureau du conseiller juridique du MDN et des FC (CJ MDN/FC) fournira des conseils juridiques objectifs et stratégiques au MDN et aux FC au nom du ministère de la Justice, en vertu
de l’autorité de la Loi sur le ministère de la Justice31. Il sera appelé :
•À assurer la planification en matière de gestion des risques juridiques conjoints et à établir des priorités;
•À formuler des conseils et à fournir des services juridiques de grande qualité et axés sur les solutions de manière efficiente t efficace, à partir d’une perspective pangouvernementale; et
•Au besoin, à coordonner la prestation de services juridiques du CJ MDN/FC avec d’autres directions du ministère de la Justice ainsi qu’avec le bureau du JAG, la Direction générale
des affaires juridiques du ministère des Affaires étrangères et du Commerce international (MAECI) et le Conseiller juridique du Bureau du Conseil privé (BCP) pour veiller à fournir des
conseils juridiques cohérents et de grande qualité au MDN/aux FC et au gouvernement du Canada.
(source:
, aux pp. 52-53, disponible à http://www.tbs-sct.gc.ca/rpp/2011-2012/inst/dnd/dnd-fra.pdf,
vérifié le 29 novembre 2011)
DEPARTMENT OF NATIONAL DEFENCE and the Canadian Forces, Visual Representation of the Canadian
Military Justice System, date modified 2012-01-13,
available at http://www.forces.gc.ca/site/cso-ciom/index-eng.asp
(accessed on 26 February 2012); FRANÇAIS : MINISTÈRE DE LA DÉFENSE NATIONALE et Forces canadiennes, Aperçu visuel du système de justice
militaire canadien, date de modification 2012-01-13,
disponible à http://www.forces.gc.ca/site/cso-ciom/index-fra.asp
(site visté le 26 février 2012);
DEPARMENT OF NATIONAL DEFENCE and Horace Emerson Rad, 1898-, Proposed Code of the law of
evidence for Canadian courts-martial, [s.l.
: s.n., 1956?], 93; copy at Dalhousie Law Library;
DEPARTMENT OF NATIONAL DEFENCE, National Defence Headquarters,
Directorate of History and Heritage (DDH); researchers should also
consult the index in the Kardex collection under the heading
"J.A.G."; see http://www.archeion.ca/office-of-judge-advocate-general-fonds
(accessed 27 December 2015);
Image
source: : cookeagency.ca/books/Demont-J_A-Good-Days-Work.htm,
accessed 18 September 2017
John DeMont
DeMONT, John, et al.,"Bitter to the End: The Somalia Inquiry Takes
its Best Shot—and Ottawa Fires Back", MACLEAN'S, July 14,
1997, at pp. 12-20;
Image
source: ca.linkedin.com/in/scdenney, accessed 9 November 2017
Steven Denney
DENNEY, Steven, "The Koreas. Speaking Truth to Power: Canadian
War Crimes in Korea: A history professor uncovers some troubling
evidence from Korean War", The Diplomat, 3 November 2014,
available at https://thediplomat.com/2014/11/speaking-truth-to-power-canadian-war-crimes-in-korea/
(accessed 9 November 2017);
DERENZIS, Craig, Captain, from AJAG Toronto office; on
DRENZIS, Craig, see the article by Karen Gross, "Back to school
time: Meet some of our incoming first-year law students...From the
mountains of Alaska to the skyscrapers of Toronto: Craig Derenzis",
University of Toronto, Faculty of Law, 5 August 2016; available at https://www.law.utoronto.ca/news/meet-some-our-incoming-first-year-law-students-class-2019(accessed
25 January 2019);
Under Canada’s Aeronautics Act, the Minister of
National Defence is required to designate a member
of the Canadian Armed Forces or an employee of the Department of
National Defence as the
Airworthiness Investigative Authority (“AIA”). The AIA is
responsible for advancing aviation safety
by investigating military occurrences and military-civilian
occurrences (which are accidents or incidents
involving a civilian aircraft and a military aircraft).
Canada’s Director of Flight Safety has been designated
as the AIA.
Image
source:webdev.multimediaservices.ca/fr/job/avocatavocate-64,
accessed 25 December 2016
Major Nadine Déry, avocate militaire
DÉRY, Nadine, sur, voir le video portant sur les avocats et
avocates et mettant en vedette principalement le major Nadine
Déry et le Capitaine de corvette Marc-André Vary; video pour
les Forces canadienne, publicté de recrutement, 4 minutes, 14
secondes, disponible à http://webdev.multimediaservices.ca/fr/job/avocatavocate-64
(vérifié le 25 décembre 2016); aussi disponible à https://www.youtube.com/watch?v=rtReBSylNZQ
(accessed 8 August 2016);
__________sur DÉRY, Nadine, on pourra lire l'article de RANCOURT,
Daniel, " de services juridiques", Servir -- Le journal
bi-mensuel du SQFT/FOI (EST) Région de Montréal, volume 18,
numéro 13, 1er février 2012, p. 6; disponible à http://www.journalservir.com/ftp/journaux/VOL_18_NO_13_SERVIR_2012_02_01.pdf
(visité le 18 mars 2012); traite du droit militaire et du
major Nadine Dery, avocate et juge-avocat adjoint (JAA) à la
garnison Saint-Jean;
Il y a présentement dix avocats
réguliers, deux sous-officiers seniors et six employés civils au
sein du Cabinet de
l’Assistant du Juge-avocat général Région de l’Est (AJAG RE) qui
regroupe tous les bureaux de JAA présents au
Québec: à Bagotville, au quartier général de la Réserve navale à
Québec, ainsi qu’aux garnisons de Valcartier,
Montréal et Saint-Jean. Le Cabinet du AJAG RE peut aussi compter
sur l’appui de sept avocats membres de la Force de réserve.
__________sur DÉRY, Nadine, on pourra lire le court article suivant
publié dans Servir, Le journal bimensuel de la communauté
militaire de la région de Montréal, 10 juin 2015, vol. 21,
numéro 22 à la p. 14, disponible à http://docplayer.fr/15864836-1200-personnes-repoussent-la-grisaille.html,
site consulté le 24 mai 2020;
DÉSAULNIERS, Antoine (A.J.J.P.P.), Capitaine, représente le
Directeur des poursuites militaires dans St-Pierre J.L.A.P. (Major),
R. c., 2016 CM 1020 (CanLII), <http://canlii.ca/t/gvqpm>;
monsieur Désaulniers travaille au Service des poursuites pénales du
Canada; a aussi travaillé pour Bureau du Directeur des
poursuites criminelles et pénales; membre du Barreau du Québec
depuis 2004;
DESBARATS, Peter, 1933-2014, Somalia
Cover-up
: A Commissioner's Journal, Toronto : M&S (McClelland
and Stuart Inc.), c1997, [v], 349 p., ISBN:
0771026846; note: Mr. Desbarats was one of the three
Commissers with the Commission of Inquiry into the Deployment of
Canadian Forces to Somalia, 1995-1997;
TABLE
OF
CONTENTS
PROLOGUE...1
A HOPEFUL BEGINNING March to October 1995...7
WARNING SIGNALS October to December 1995...18
PREPARING FOR SOMALIA January to February 1996...43
THE GOING GETS TOUGHER April to June 1996...59
THE ORDEAL OF GENERAL JEAN BOYLE August 1996...146
INTO SOMALIA September to December 1996...174
CLOSURE January to February 1997...210
ENDGAME February 1997...267
WRITING THE REPORT March to April 1997...295
EPILOGUE...312
ACKNOWLEDGEMENTS...341
CHRONOLOGY...343
[source: http://www.biggerbooks.com/book/9780771026843,
accessed on 20 December 2011]
----
[I had the chance to work with Mr. Desbarats at the Somalia
Commission of Inquiry. I really enjoyed reading his
book. Mr. Desbarats has been
a journalist and journalism professor. He writes very
well. I am reproducing part of his diary about Vice-Admiral
Larry Murray, acting chief
of the defence staff and Jean Boyle's successor who testified
before the Somalia Commission -- F. Lareau]
".... If anything, he [Murray] was overprepared. In the
first few hours, he tried to cram vast amounts of detail into
answers to relatively simple
questions. Gradually it became evident that this was his
usual style. Direct questions would produce a barrage of
complex information that
would eventually obscure the point of the original question.
This was so distracting that I began to
deliberately ignore it. When I asked Murray a question, I
could tell within a few seconds whether he
was going to provide an answer. If he wasn't, I would try to
ignore the verbiage, try to remember what I wanted to know, and
frame the
follow-up question that I would have to ask. Sometimes,
pretending to take notes, I would write down the key words of my
next question so
that I wouldn't forget them. Otherwise the flow of Murray's
words had an hypnotic effect.
This was accentuated by his appearance.
Compared to the tall, strapping Boyle who still radiated some of
the glamour of the fighter
pilot that he had once been, Murray is ascetically thin, almost
frail. There is little to remind you of the destroyer
skipper that he once was.
Everything about him is sparse and muted. His short greying
hair is receding, like a skullcap slowly being pushed to the back
of his head.
His chin retreats slightly. His voice is low and
unremarkable. Only after a period of time, as he talks, does
the force of his intelligence start
to impress. It's as if you begin to perceive him darting
about behind the huge apparatus of words that he is producing,
nimble and adroit,
like a puppet master.
I noticed his eyes. The lids are
heavy, hooding the pupils that stare out at you with a kind of
bird-like intensity. When he finishes a
response, the head swivels and the eyes turn away decively,
discouraging any further questions.
......
For anyone who listened closely, there was much
material to arouse concern in Murray's testimony. But when
he was backed into a
corner, he threw up a mind-numbing, eye-glazing barrier of complex
military vocabulary that was almost impossible to follow, like
some
sort of monotone Gilbert and Sullivan recitation at warp
speed. It was useless for television purposes; not a single
damaging clip could
be extracted from this flood. Viewers who didn't switch
channels to escape must have been confused and bored by his
performance.
That was fine with the vice-admiral, I imagine. Like a
flotilla escaping its enemies by disappearing into a fog bank, he
sailed away
from us after sustaining only minor damage." (pp. 239-240 and 251)
Mr. Peter Desbarats: I have a rather
jaundiced view—understandably, I think—of the
Dickson report and some of the other reports the minister
commissioned at that time.
If my recollection is correct, these reports were
commissioned at or around the time
the minister had already either announced, or had clearly
indicated, that he was going
to cut short our inquiry. They were designed to cover the
same ground our inquiry
was covering. They did it in a much shorter time period,
in a much more superficial
fashion, in my view, and in some cases, the first thing
they did was come to us to try
to get hold of the research we had done and that was going
into our own report.
So I regarded the creation of those other
studies as highly political in motivation.
As I said, I have a rather jaundiced view of those. That
doesn't mean I don't think the
findings in some cases were useful. In many cases, they
paralleled ours. But the
principle that runs all through our report is this one of
accountability—accountability
to society, accountability to society through Parliament.
Our clear finding during the inquiry was
that one of the major problems that led to
Somalia was lack of accountability in many areas, and that
the system was very
much a closed system, in fact. The fact that it was a
closed system was clearly
evident in many ways by the demeanour of some of the
senior officers who
appeared before us and who seemed to resent the fact that
we, representing
the people of Canada, dared to inquire about what they
were doing and dared
to ask them to explain and to justify.
In that sense, we were very responsive, I
think, to suggestions as they emerged
that civilian control of the military should be
strengthened. We saw the creation
of the inspector general's office as a key sign that this
would be happening.
Unfortunately, that's been watered down in the bill.
DESBIENS, Patrice, 1972-, Une analyse du privilège de
ne pas s'incriminer au regard du paragraphe 24(2) de la Charte
canadienne des droits et libertés, thèse de droit,
[Montréal] : Université de Montréal, 2001, xi, 123 f.,
NOTES: "Mémoire présenté à la faculté des études supérieures en
vue de l'obtention du grade de maître en droit (LL.M.)";
sujets: Exclusion de preuve selon la Charte canadienne des droits
et libertés Facteur de l'équité du procès Preuve obtenue en
violation des droits garantis et preuve dérivée;
-----------------
Photo dans (2007) 1 JAG Les actualités -- Newsletter à la
p. 42
___________ "La pratique du droit en théâtre opérationnel: Avocat
militaire en Afghanistan" (Mars 2007) 39 Journal du Barreau aux pp. 8 et 32; disponible
à www.barreau.qc.ca/pdf/journal/vol39/200703_01.pdf;
interview
avec le capitaine de corvette Mario Denis
Pauillé et le major Laura D'Urbano; aussi publié dans:
(2007) 1 JAG Les actualités -- Newsletter 42-43;
Source: ici.radio-canada.ca/nouvelle/743210/martin-bernier-inconduite-sexuelle-ex-commandant-valcartier,
consulté le 28 octobre 2017
Patrice Desbiens, avocat militaire
___________military lawyer, Office of the Judge Advocate General;
DESCHÊNES, Julie (C.J./Julie Catherine),"La justice
militaire et le déni de droit à un procès avec jury", document,
Université d'Ottawa, 2013; titre cité par Pascal Lévesque dans
"Moriarity: Military Justice Now Based on Status, Not Nexus: Wider
Issues Remain", (February 2016) 24(2) Criminal Reports
(7th series) 377-384, à la p. 380, note 26;
Commander Deschênes enrolled in the Naval Reserve in
1989 and served as a Medical Assistant until she was
commissioned as a Maritime Surface and Sub-surface
Officer in 1995. While in the Naval Reserve, she
received
a Bachelor of Laws from Université Laval.
After being called to the Bar in 1996, she practiced
criminal, family and civil law in her hometown of
Sept-Iles,
Québec, and represented clients at circuit court in
remote areas of the Northern part of the province,
including
Aboriginal communities. She prosecuted files for both
Fisheries and Oceans Canada, and for the City before the
municipal court.
In 1999, she transferred to the Regular Force as a
Legal Officer and was posted as Deputy Judge Advocate
Halifax,
providing legal advice to units on the East Coast. The
same year, she served as an adjudicator on the Claims
Commission sitting in Zagreb, Croatia. She deployed for
six months on Operation Echo in northern Italy,
providing legal advice for targeting operations in
support of the NATO-led international
Stabilization Force in
Bosnia-Herzegovina, and of the international
peacekeeping force in Kosovo.
Commander Deschênes served in a variety of positions
within the Office of the JAG including the Regional
Military Prosecutor Atlantic Region, Prosecution
Appellate Counsel appearing at the Court Martial Appeal
Court and JAG
Assistant Chief of Staff. She also worked for the
Department of National Defence and Canadian
Forces Legal Advisor as team leader for the Legal
Advisory Services.
In 2007, she was posted to Germany as Deputy Judge
Advocate Europe advising on both international law
issues related to the NATO Status of Forces
Agreement and other international treaties, and on
national
legal issues. In 2008, she was the Acting Head of
Mission for Canada as a Sending State, and in 2009 she
deployed to Afghanistan, serving as an International
Security Assistance Force Headquarters Legal Advisor
in Kabul, then as Joint Task Force Afghanistan
Headquarters Deputy Legal Advisor in Kandahar. In this
capacity, she supported the Operational Mentoring and
Liaison team, the National Support Element and the
Air Wing; and served in the positions of legal advisor,
as required, for the Battle Group, for the Kandahar
Provincial Reconstruction Team and Senior Legal Advisor
for the Task Force while occasionally, mentoring
an Afghan National Army Legal Officer. She
received the Task Force Commander’s Commendation for her
service in theatre.
In 2012, she joined the Office of the Chief Military
Judge as Legal Advisor to the Court Martial
Administration,
providing advice on Court Martial proceedings and
supporting the new statutorily-created Court Martial
Rules
Committee. In 2015, she was posted to the Directorate of
Law/Military Personnel, advising Military Personnel
Command on law and policies related to governance,
gender equality, harassment, Reserve Force and authority
for provision of Canadian Armed Forces medical care. On
promotion to Commander in June 2017, she was
posted to the Office of the Chief of the Defence Staff
where she provided legal advice in many different areas
of law.
Commander Deschênes holds a Master’s Degree in
International Law from the University of Ottawa. Her
degree focused on the jurisdictional aspects of Military
Tribunals from the perspectives of both Constitutional
and International Human Rights Law. Commander Deschênes
was appointed a Military Judge by the Governor
in Council on 23 May 2019.
---------------
Capitaine de
frégate C.J. Deschênes, CD
La capitaine de frégate Deschênes s’est enrôlée dans
la réserve navale en 1989 où elle a servi comme
adjoint
médical jusqu’à l’obtention de sa commission comme
officier des opérations maritimes de surface et
sous-marines
en 1995. Durant son service au sein de la
réserve navale, elle a obtenu son baccalauréat en
droit de l’Université
Laval.
Après avoir été admise au Barreau du Québec en 1996,
elle a pratiqué le droit en pratique privée dans sa
ville
natale (Sept-Îles) en matières criminelle, pénale,
familiale et civile, tout en représentant des
clients à la cour
itinérante dans les régions éloignées du Nord de la
province, y compris dans les communautés autochtones.
Elle a également représenté Pêches et Océans Canada,
ainsi que la ville comme procureure de la poursuite
devant la Cour municipale.
En 1999, elle transfère dans la force régulière comme
avocate militaire et est mutée comme juge-avocat
adjoint Halifax, conseillant les unités de la côte
Est. La même année, elle a l’occasion de siéger à la
Commission internationale des réclamations à Zagreb,
Croatie. Elle déploie pour six mois dans le cadre
de l’Opération Écho dans le Nord de l’Italie,
conseillant la chaîne de commandement sur les
opérations
de ciblage en soutien à la force internationale de
stabilisation dirigée par l'OTAN en
Bosnie-Herzégovine
et à la force internationale de maintien de la paix au
Kosovo.
La capitaine de frégate Deschênes a servi dans
plusieurs postes du Cabinet du JAG, notamment
comme
procureur militaire régional, procureur chargé des
appels à la Cour d’appel de la cour martiale et chef
d'état-major adjoint du JAG. Elle a aussi travaillé au
Cabinet de la conseillère juridique auprès du
ministère de la Défense nationale et des Forces
canadiennes comme chef d’équipe des Services de
consultation juridique.
En 2007, elle est mutée en Allemagne comme
juge-avocat adjoint Europe et fournit des conseils
juridiques
sur des questions de droit international portant sur
l'Accord sur le statut des forces de l'OTAN
et autres
traités internationaux, ainsi que sur des questions de
droit national. En 2008, elle occupe de façon
intérimaire
le rôle de chef de mission représentant le Canada
comme État d’origine en Allemagne et en 2009, elle
déploie en Afghanistan, servant comme conseillère
juridique au quartier général de la Force d'assistance
internationale à la sécurité à Kabul, puis comme
conseillère juridique adjointe au quartier général de
la
Force opérationnelle interarmées en Afghanistan. Dans
le cadre de ses fonctions, elle conseille l’équipe
de liaison et de mentorat opérationnels, l’élément de
soutien national ainsi que l’escadre aérienne; elle
occupe aussi, lorsque requis, les postes de conseiller
juridique du groupement tactique, de l’Équipe
provinciale de reconstruction de Kandahar et du
conseiller juridique principal de la Force
opérationnelle
et à l’occasion, agit comme mentor auprès d’un
avocat militaire de l’Armée nationale afghane. Elle
reçoit une mention élogieuse du Commandant de la Force
opérationnelle pour son service en théâtre.
En 2012, elle se joint au Cabinet du juge militaire
en chef comme conseillère juridique à l’administration
de la cour martiale en fournissant des conseils sur
les questions procédurales affectant la cour martiale,
et en appuyant le comité des règles de la cour
martiale, lequel a été récemment créé par la loi. En
2015,
elle est mutée à la Direction juridique du personnel
militaire et conseille le Commandement du personnel
militaire sur le droit et les politiques touchant les
questions de gouvernance, d'égalité entre les sexes,
de
harcèlement, de la force de réserve et du droit aux
soins médicaux des Forces armées canadiennes. À la
suite de sa promotion au grade de capitaine de frégate
en juin 2017, elle est mutée au Cabinet du chef
d’état-major de la défense où elle fournit des
conseils juridiques dans de nombreux domaines du
droit.
La capitaine de frégate Deschênes est titulaire d’une
maîtrise en droit international de l’Université
d’Ottawa.
Ses études se concentrent sur les aspects de
compétence des tribunaux militaires, tant de la
perspective du
droit constitutionnel que celle du droit international
des droits de la personne. La capitaine de frégate
Deschênes a été nommée juge militaire par la
Gouverneure générale en conseil le 23 mai 2019.
___________onDESCHÊNES, Julie, Order In
Council, PC Number 2019-0591, 2019-0591,
date:2019-05-23:
Her
Excellency the Governor General in Council, on the
recommendation of the Minister of National
Defence, pursuant to section 165.21 of the National
Defence Act, appoints Commander Julie Catherine
Deschênes of
Chelsea, Quebec, an officer of the Canadian Forces who
is a barrister or advocate of at least 10 years’
standing at the
bar of the Province of Quebec and who has been an
officer for at least 10 years, to be a military judge,
to hold office
during good behaviour.
Sur
recommandation du ministre de la Défense nationale et en
vertu de l’article 165.21 de la Loi sur
la défense nationale, Son Excellence la
Gouverneure générale en conseil nomme la capitaine de
frégate Julie Catherine
Deschênes, de Chelsea (Québec), un officier des Forces
canadiennes qui est une avocate inscrite au Barreau du
Québec
et qui a été officier et avocate respectivement
pendant au moins dix ans, juge militaire, à titre
inamovible.
[source: https://orders-in-council.canada.ca/attachment.php?attach=37915&lang=en,
accessed 30 May 2019]
___________on DESCHÊNES, Julie, listed as a witness before the
Standing Committee on Public Safety and National Security, on Bill
S-2, An Act to amend the Criminal Code and other Acts, 6
October 2010; see https://www.ourcommons.ca/DocumentViewer/en/40-3/SECU/meeting-32/notice
(accessed 30 May 2019);
[...]
Elle est mutée en 2007 en Allemagne, où elle conseille le
commandement en droit international,
notamment en lien avec l'Accord sur le statut des forces de
l'OTAN, ainsi que sur des questions
de droit national.
Deux ans plus tard, elle prend la direction de
l’Afghanistan, travaillant d’abord avec les alliés
américains et britanniques à Kaboul, puis à Kandahar, où
elle conseillait les commandants canadiens.
[...]
___________on DESCHÊNES, Julie, voir Mathieu Galarneau, "Sa
passion de l'armée la fait juge-- Nominations: Convaincue très
jeune d'allier ses passions pour l'armée et le droit, une avocate
militaire esst devenue juge. Qui est-elle?, Droit-Inc., 24
octobre 2019, disponible à https://www.droit-inc.com/article25614-Sa-passion-de-l-armee-la-fait-juge,
site consulté le 26 décembre 2019;
___________on DESCHÊNES, C.J., Lieutenant (N) was the prosecutor
in the Standing Court Martial of R. v. Martin 2002 CM 58,
Gagetown, New Brunswick, 17 October 2002; source of
information: MADSEN, C.M.V. (Chris Mark Vedel), Military law and operations, Aurora (Ontario): Canada
Law Book, c2008-, vol. 2, at p. APP2: 2002-27;
Michel Tremblay à droite avec Julie Deschênes, source de la photo:
page couverture du JAG Newsletter / Bulletin d'actualités,
vol. 1, jan-mar 2000
___________ La légitimité de la compétence des tribunaux
militaires canadiens, mémoire de maitrise en droit, LL.M.,
Université d'Ottawa, 2013; directeur de thèse: Rachel Grondin;
thèse citée dans Revue du Barreau du Québec, 2014, volume
73, à la p. 677; membre du Barreau du Québec depuis 1996;
DESCHÊNES, Michel, "Les pouvoirs d'urgence et le partage des
compétences au Canada", (1992) 33(4) Les Cahiers de droit 1181-1206; available
at http://www.erudit.org/revue/cd/1992/v33/n4/043178ar.pdf
(accessed on 14 December 2011);
DESMARAIS, Gérald, Lieutenant-colonel, juge-avocat, avec le
JAG, force de la réserve, voir "Le juge Desmarais à la cour des
sessions de la paix", La tribune, 8 avril 1986 à la p. 4,
disponible au permalien http://collections.banq.qc.ca/ark:/52327/3707633,
site consulté le 29 juin 2020;
DESMOND, Lionel, member of the Canadian forces and part of a
triple murder-suicide case in Nova Scotia, see:
So far, the parties that have applied to
participate in the inquiry include:
- The Attorney General of Canada, representing
federal entities (the Canadian Armed Forces,
Veterans Affairs, RCMP, Health Canada, Public Safety
Canada)
- The Attorney General of Nova Scotia, representing
provincial entities (such as the Departments of
Health, Justice, Community Services, African-Nova
Scotian Affairs and the N.S. Advisory Council on
the Status of Women)
- The Nova Scotia Health Authority
- A lawyer for two physicians who treated Lionel
Desmond
- A lawyer for the estate of Lionel Desmond via his
sister
- A lawyer for the estate of Brenda Desmond,
Lionel's mother
- A lawyer for the estate of Shanna Desmond and
Aaliyah Desmond, along with Shanna's brother Sheldon
Borden
Nova Scotia's medical examiner has ruled out
conducting a fatality inquiry into a horrific
murder suicide
involving a former Canadian soldier who killed his
wife, mother and young daughter before killing
himself
in the family's rural home earlier this year.
Lionel Desmond, a 33-year-old veteran of the war
in Afghanistan who suffered from post-traumatic
stress
disorder, took his own life after shooting his
52-year-old mother, his wife Shanna, 31, and their
10-year-daughter
Aaliyah.
- CBC NEWS-NOVA SCOTIA, "Inquiry into Lionel Desmond
killings recommended to prevent more deaths, says medical
examiner. Desmond killed his mother Brenda, his wife
Shanna and their daughter Aaliyah before killing himself",
28 December 2017; available at http://www.cbc.ca/news/canada/nova-scotia/lionel-desmond-killings-inquiry-1.4466162,
accessed 29 December 2017;
- FRASER, Laura, "DAY
16 OF INQUIRY--Lionel Desmond's
wife inquired about peace bond on day he killed her,
himself", CBC News, 25 February 2020, available at https://www.cbc.ca/news/canada/nova-scotia/desmond-day-16-1.5475967
(accessed 8 October 2020); see also DAY
17; DAY
15; DAY
14; DAY
13; DAY
12; DAY
11; DAY
10; DAY
9; DAY
8; DAY
7; DAY
6; DAY
5; DAY
4; DAY
3; DAY
2; DAY
1; counsel at the inquiry include: Crown attorney
Allen Murray, counsel for the inquiry; Lori Ward, counsel
for the Attorney General of Canada; Tara Miller, the
lawyer for the Desmond family; etc., the information for
the identities of the lawyers involved comes the DAY 1
link;
- DESMOND FATAL INQUIRY at https://desmondinquiry.ca/
(accessed 8 October 2020), for transcript, names of
counsel etc.;
DESROCHES, Armand (J.S.A.), "Annonce", La voix acadienne,
18 mai 2018, p. 7 (accessed 8 August 2018);
Pressing (and holding) the Ctrl
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____________if you search the word "Desroches", there are a few
entries about Armand Desroches; lives in New Bedford Nova Scotia
with his wife Judie (2017); I have found some biographical notes
on this former JAG Officer:
"Upon graduation from St. Dunstan’s University, DesRoches
went on to receive his LLB degree from Dalhousie
University. He was
admitted to the bars of Nova Scotia and Prince Edward
Island, and practiced law in Summerside before joining the
Canadian Armed
Forces. During his 22-year career as a Canadian Forces
legal officer, DesRoches was at various times: the legal
advisor to the
Commander of 1 Combat Group in Calgary, stationed in
Germany where he provided legal advice to a number of
units in Europe,
and chief legal advisor to the Commander of Maritime
Command in Halifax. DesRoches also held the position of
military trial
judge for 10 years, three of which he was the chief
military judge for the Canadian Forces.
In 1991, DesRoches retired from the Canadian Forces as
deputy judge advocate general with the rank of navy
captain and was
appointed to the trial division of the Supreme Court of
the province. During his time there, he rendered numerous
decisions that
had a lasting impact on PEI, including moving electoral
boundaries to provide fairer distribution of voters among
electoral districts
and establishing a French school in the Summerside
area.
DesRoches retired from the Bench in 2004, and in 2005,
joined Stewart McKelvey as counsel. In 2007, he was named
a member
of the Pensions Appeal Board, the third level of appeal
under the Canada Pension Plan. DesRoches has been married
to Judie for
45 years, has four daughters, and nine grandchildren."
[source: http://news.upei.ca/media/2013/07/26/upei-celebrates-distinguished-alumni-annual-event,
accessed 2 January 2015]
_____________"Attorney General Thanks Chief Justice Armand
Desroches for Years of Service". Education, Prince Edward Island,
16 March 2004; available at http://www.gov.pe.ca/educ/news.php3?lang=E&newsnumber=3536
(accessed 9 November 2017);
____________on DESROCHES, Armand, see the article by Jim Day,
"Well judged: Armand DesRoches has progressed from humble
beginnings to the top post of the Trial Division of Supreme Court
of Prince Edward Island",
Guardian; Charlottetown,
P.E.I., 6 JUly 2002, p. A1 --Front;
____________on DESROCHES, Captain (N) Armand, see McDONALD, R.
Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at pages
105, 114, 210 and 216, available at 103-242;
Image source: vre2.upei.ca/craipe/fedora/repository/craipe%3A1.64,
accessed 14 September 2018
Armand DesRoches at the University of Prince
Edward Island
___________Research note by François Lareau dated 5 April 2018: I
have noted the followimg article on Armand Desroches which I have
not read yet: Day, Jim, "Well judged: Armand DesRoches has
progressed from humble beginnings to the top post of the Trial
Division of Supreme Court of Prince Edward Island", Guardian,
Charlottetown, P.E.I., 6 July 2001, p. A-1;
DESROSIERS, Aimé, avocat, juge-avocat pendant la deuxième guerre
mondiale, voir "Nomination", L'avenir du Nord, 5
novembre 1959 à la p. 1, disponible à http://collections.banq.qc.ca/ark:/52327/2511874
(consulté le 15 mars 2019);
Imagde source:
https://commonlaw.uottawa.ca/fr/nouvelles/doyenne-nathalie-rosiers-recoit-merite-christine-tourigny,
accessed 21 January 2016;
Nathalie Des Rosiers
DES ROSIERS, Nathalie, "Military Justice and Law Reform --La
justice militaire et la réforme du droit", 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. 11-13, NOTES: Conference held at the
University of Ottawa, 13 November 2015; "For
the first time an international academic
conference on military law was held in
Canada at the University of Ottawa with the
focus on reform and comparative law" (Gilles
Létourneau, Preface, p. 7);
"(Organizing Committee for the Conference:
Michel W. Drapeau, Joshua M. Juneau, Walter
Semianiw and Sylvie Corbin)"; available at mdlo.ca/wp-content/uploads/2016/01/2015-Conference-Proceedings.pdf
(accessed 20 January
2016);
Paul Desruisseaux,
sénateur, avocat et
administrateur (à la
p. 226)
Lors de la dernière guerre, se qualifia Officier
de l'Infanterie de l’Artillerie Royale
du Canada et servit comme assistant-député Juge avocat général.
Il servit avec la
7e division et la force "W”
[p. 227]
Paul Desruisseaux (May 1, 1905 – February 2, 1982)
was a Canadian lawyer, businessman, and politician.
Born in Sherbrooke, Quebec, he studied
law at the Université de Montréal
and was called to the Quebec bar
in 1934. He was the owner of La Tribune, a daily
newspaper in Sherbrooke, CHLT radio
station, CKTS radio
station, and television station CHLT-TV.
In 1966, he was summoned to the Senate of Canada on the
advice of Lester Pearson. A Liberal, he
represented
the senatorial division of Wellington, Quebec. He retired
on his 75th birthday in 1980.
___________on
Desruisseaux, L.P.,
Captain,
legal officer, from
RCA, with the AJAG,
military district
number 4 with
headquarters in
Montreal, in 1944,
see The
Quarterly Army
List, January
1944, Part I,
London: His
Majesty's Stationery
Office, 1944 at p.
169 (bottom page
number) or p. 179
(top page number),
available at https://deriv.nls.uk/dcn23/8897/88977987.23.pdf
(accessed 21 March
2019);
____________
sur Paul
Desruisseaux, voir
"Mtre P.
Desruisseaux", La
Tribune, 12
novembre 1947, à la
p. 15, disponible
à http://collections.banq.qc.ca/ark:/52327/3511292
(consulté le 27
janvier 2019);
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DESSUREAULT, Christian, "La crise sous Dalhousie :
Conception de la milice et conscience élitaire des réformistes
bas-canadiens 1827-1828", (automne 2007) 61(2) Revue d'histoire de l'Amérique
française 167-199; disponible à http://www.erudit.org/revue/haf/2007/v61/n2/018059ar.html#no17
(vérifié le 5 juin 2012);
Image
source for David Detomasi: , accessed on 11 November 2014
DETOMASI, David, "Operation Deliverance: The Canadian Airborne
Regiment and the Somalia Peace Enforcement Mission", Toronto:
Canadian Forces College, 18 leaves (series; National Security
Studies Course (Canada) Case Studies, 1999;
The clause prompting the MPCC's concern -- found in Sec.
18.5 of the bill -- allows the vice chief of defence staff
to "issue
instructions or guidelines in writing in respect of a
particular investigation" to Canada's top military
policeman, the provost marshal.
"Such an express authority is inconsistent with existing
arrangements in place since the period following the
troubled Somalia
deployment which specifically sought to safeguard MP
investigations from interference by the chain of command,"
said the MPCC brief.
....
C-15 contradicts an agreement signed in 1998 between the
vice chief and provost marshal, said the MPCC.
That agreement, known as the "accountability framework,"
outlines that the vice chief "shall not direct the
[provost marshal] with
respect to specific military police operational decisions
of an investigative nature."
It goes on to say, "discussions with the [vice chief] of
specific details of any investigation are to be avoided
unless specific
circumstances warrant attention of management."
"I hear a lot about the accountability framework and it
is just that -- it's a policy that can be changed," said
Maj.-Gen. Blaise Cathcart,
who holds the job of judge advocate general as the
military's top lawyer.
The military needs C-15 to cement policies like the
accountability framework in legislation, he said.
"This is giving clarity and certainty in law by
Parliament as to the roles and responsibilities so there's
no arbitrary abuse of the process
as there could theoretically be with the policy
framework," said Cathcart.
----
Michael Dewing, source:
ca.linkedin.com/in/michaeldewing
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ProQuest Historical Newspapers:
Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca,
accessed 27 May 2019
___________Photo of Dewis, Jack, in the article "Future Court
Battles Will Be Out of This World", The Globe and Mail, 10
September 1958, at p. 17:
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Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca,
accessed 5 November 2018
___________Photo of Dewis, Jack, in The Ottawa Citizen,
Saturday, 3 July 1965 at p. 4; retrieved
from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2338418487?accountid=46526,
accessed 1 May 2020;
___________photo Dewis, Jack with others, "At Dinner Dance" The
Ottawa Citizen, Monday, 9 May 1955 at p. 12, available at
https://www.newspapers.com/...., accessed 28 May 2020;
Pressing (and holding) the Ctrl
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___________photo Dewis, Jack with others, "Three Services" The
Ottawa Citizen, Saturday, 20 October 1956 at p. 25,
available at https://www.newspapers.com/...., accessed 28 May
2020;
Pressing (and holding) the Ctrl
key and scrolling the wheel
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___________Testimony of Captain J. P. Dewis, RCN, deputy Judge Advocate General before
the House of Commons, Standing Committee on Privileges and
Election, No. 9, Thursday, March 31, 1955. Pp. 249-293;
The Committee reverted to certain sections of the
Act and questioned Captain J. P. Dewis, RCN,
deputy Judge
Advocate General, representing the Department of National
Defence, on amendments
to Schedule Three of the Act dealing with the Canadian
Forces Voting Regulations. ...Cat. No. XCI9-2220.
[source: Canadian Government Publications Catalogue du
Gouvernement du Canada, 1965,
at p. 56 ; available at publications.gc.ca/collections/collection_2016/spac-pspc/PF1-4-1955.pdf,
accessed 26 September 2018]
___________Testimony of Captain (N) J. P. Dewis, Assistant Judge Advocate General before
the House of Commons, Standing Committee on Privileges and
Election, Number 4, Minutes of Proceedings and Evidence, Thursday,
4 December 1969, 28th Parl., 2nd session, available at https://parl.canadiana.ca/view/oop.com_HOC_2802_14_1/121?r=0&s=1
(accessed 2 September 2020);
____________Testimony before the Senate of Canada, Standing
Senate Committee on Banking, Trade and Commerce, Number 32, 28th
Parl., First Sess., Wednesday March 26th, 1969, Complete
Proceedings on Bill C-178, intituled "An Act to amend the Canadian
Forces Superannuation Act, the Defence Services Pension
Continuation Act, the Royal Canadian Mounted Police Superannuation
Act, the Royal Canadian Mounted Police Pension Continuation Act
and the Public Service Superannuation Act", available at https://parl.canadiana.ca/view/oop.com_SOC_2801_1_2/167?r=0&s=1
(accessed 2 September 2020);
___________Testimony before the Standing Committee on Privileges and Elections, 3rd session, 24th parliament, 8-9 Elizabeth II, 1960. Chairman: Mr. Heath Macquarrie. Minutes of proceedings and evidence respecting Canada Elections Act, see http://publications.gc.ca/collections/collection_2016/spac-pspc/PF1-5-1960-6.pdf
(accessed 28 February 2019);
No. 16, Tuesday,
May 31, 1960. Pp. 425-465.
Witnesses: Mr. Nelson Castonguay,
Chief Electoral Officer of
Canada. And from the Department of National Defence:
Brigadier W. J. Lawson,
Judge
Advocate General; and Captain J. P. Dewis,
RCN, Deputy Judge Advocate
General. 350. per copy. a o• Cat. No. XC19-243/1-16
No. 17, Thursday,
June 2, 1960. Pp. 467-496. Witnesses:
Mr. Nelson Castonguay,
Chief Electoral Officer of
Canada. And from the Department of National Defence:
Brigadier W. J. Lawson,
Judge
Advocate General; and Captain J. P. Dewis,
RCN, Deputy Judge Advocate General. 250.
per copy. *
o o • Cat. No. XC19-243/1-17
Major Amy Dhillon with Colonel Bruce MacGregor
____________Félicitations to Amy Dhillon on her promotion to the
rank of Major; photo source https://twitter.com/CMPSCAF,
15 November 2019, accessed 26 November 2019;
Source
of image: http://www.tru.ca/law/faculty-staff/faculty/diab.html,
accessed 28 May 2016
Robert Diab
DIAB, Robert, "Chapter 3: Canada"
in Kent Roach, ed., Comparative Counter-Terrorism Law, Cambridge University
Press, 2015, at pp. 78-114, ISBN: 978-1-107-05707-4,
available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2712511,
accessed 28 May 2016;
DIAS, Major R.F.J. (Ricardo), "The Lawlessness of Cyberspace: Do
We Need An Internet Sheriff?", JCSP 42, 2015-2016, Exercise Solo
Dlight, 20 pages, CFC Papers; available at http://www.cfc.forces.gc.ca/259/290/318/305/Dias.pdf
(accessed 15 January 2017);
John Dickey in the
Yokohama Courtroom; photo from
p. 219 of the thesis (photo from the John
Dickey Papers)
DICKEY,
Captain John H. (John Horace), 1914-1996, lawyer, member of
the OJAG, prosecutor with the Canadian War Crimes Liaison
Detachment -- Far East; see:
- BALDWIN, Warren, "New Halifax Member Not
Apt to Be Yes Man", The Globe and Mail, 15
July 1947, at p. 2;
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Title omitted from image.
Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca,
accessed 13 October 2018 ProQuest Historical Newspapers
- DICKEY, Captain J.H. in McDONALD,
R. Arthur, (Ronald Arthur), 1948-, Canada's
Military Lawyers, Ottawa : Office of the Judge
Advocate General, c2002, at p. 66, available at i-xii
and 1-102;
- SWEENEY, Mark,Letters
from Yokohama: Major John Dickey and the prosecution of
Japanese Class ‘B’ and ‘C’ war crimes, thesis, M.A., Saint Mary's University, 2008, 186 p.;
Description: John Horace Dickey was a
fourth generation Haligonian lawyer who, after serving
on the domestic front with the Canadian Army travelled
to
Japan as a part of the Canadian War Crimes Liaison
Detachment - Far East. Dickey was involved in the
prosecution of Japanese Class 'B' and 'C' war crimes
committed against Canadian soldiers that were captured
after the fall of Hong Kong in December 1941. Class
'B' and 'C' or 'minor' war crimes consist of
traditional or conventional war crimes, "violations of
the laws and customs of war," and crimes against
humanity, "murder, extermination, enslavement,
deportation, and other inhumane acts.") These trials
are important as they have been largely overlooked in
favour of the Class 'A' trials, crimes against peace,
at Nuremberg and Tokyo, and also allow for an
investigation of the experiences of individual
soldiers involved in both sides of the conflict. This
study will
broaden English language war crimes trials
scholarship, and also make an addition to a growing
body of historiography investigating Canadian
involvement
in war crimes trials. While the political impetus for
Canadian involvement has already been well developed,
analysing the experiences of individual
prosecutors from a social history perspective allows
for a better understanding of how the sentences and
judgments were reached, and the context
that the trials themselves were undertaken.
[source: primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page&pag=nxt&pageNumberComingFrom=2&frbg=&indx=11&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)=NDHQ%20JAG&dstmp=1467987147864,
accessed 8 July 2016]
- Brian Dickson was the Chairman of the Special Advisory
Group on Military Justice and Military Police Investigation
Services:
-----
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;
- LÉTOURNEAU, Gilles, 1945-, Combattre l'injustice et
réformer, Montréal: Wilson & Lafleur, 2015, xiii,
171, [xx] p., at pp. 294-295, ISBN: 978-2-89689-294-5;
Elle [l'institution militaire] s'est empressée
de mettre sur pied un Comité interne présidé
par l'ancien juge en chef du Canada, le Très Honorable
Brian Dickson,
dont le mandat était bien évidemment de devancer les
recomman-
dations de la Commission [d'enquête
sur le
déploiement
des Forces
canadiennes
en Somalie]
pour que, d'une part, quelqu'un d'autre, en
l'occurence l'institution, puisse s'accaparer le mérite
des réformes
proposées et que, d'autre part, le gouvernement paraisse
anxieux de
passer à l'action. Cette tactique est bien connue
des commissions
d'enquête.
Le juge Dickson, qui était à la
retraite, a contacté directement et à
notre insu notre recherchiste contractuel, qui venait de
terminer pour
nous ses travaux, pour se faire remettre les conclusions
de son travail
quant à la réforme du système militaire. Notre
recherchiste a refusé
de les lui donner et nous en a avertis
immédiatement. Le juge
Dickson s'est alors adressé à moi pour les obtenir.
La date d'échéance
de ses travaux approchait et il ne disposait de rien sur
le sujet.
Sous la pression du bureau du Conseil privé,
j'ai accepté de lui
transmettre le fruit de nos efforts sachant que le
matériel serait utilisé
pour nous court-circuiter. J'ai estimé que c'était
là une concession que
j'étais prêt à faire pour que la réforme se fasse.
De fait il y avait plus de
chance que les propositions soient adoptées si elles
paraissaient venir
de l'interne que de nous.
Mais quelle scène pathétique et navrante que
celle de la conférence
de presse du ministère de la Défense annonçant leurs propositions à
laquelle on a dû amener le juge Dickson en
fauteuil roulant et où celui-ci
est tombé endormi durant la conférence. Mais
l'ingratitude ne s'est pas
limitée au fait de nous court-circuiter. Par la
suite, à chaque occasion
qui se présentait, l'institution militaire a toujours mis
l'accent sur le
rapport Dickson comme étant la source de la réforme,
reléguant, car
elle ne pouvait les ignorer, les propositions de la
Commission au second
et troisième rang. (pp. 121-122)
- SHARPE, Robert J., and Kent Roach, 1961-, Brian
Dickson: A Judge's Journey, Toronto/Buffalo/London:
Published for the Osgoode Society for Canadian Legal History
by University of Toronto Press, 2003, xiv, 576 p., see pp.
469-471 (role in reviewing the NDA in 1997), ISBN:
0802089526; note: a publication of the Osgoode Society for
Canadian Legal History;
- Testimony before
the Standing Committee on National Defence and Veterans
Affairs on Bill C-25, An Act to amend the National Defence
Act and to make consequential amendments to other Acts,
meeting 61, 11 May 1998, seeminutes
and evidence;
Mr. David Price (Compton—Stanstead, PC):
Thank you, Mr. Chairman.
Chief Justice Dickson and General Belzile,
welcome to our committee. We're honoured to have you here,
particularly since you can give us a lot more in-depth
insight into this bill that we are studying. You are the
experts in it.
I wanted to follow up on a question that
Mr. Proud started with. You seem generally satisfied with
the bill as it stands, but maybe what I'm looking for
is—I'll give you an example. In chapter 1 of your report
you state:
We have not been persuaded that it is workable or
desirable to design a system of military justice that
functions radically differently depending on the
particular context
Instinctively I agree with this, and the
arguments you found that were most convincing of this— In
line with that, it's my impression that Bill C-25 moves
military justice a little closer to the civilian courts.
Is that what you intended?
Mr. Brian Dickson: Yes, it was, in
part because of the Charter of Rights and Freedoms, which
affects not only non-military people but also military
people. It's something that we were thinking about every
day, particularly in the drafting of these reports. So the
more we can bring it, from a practical point of view, in
line with the civilian practice, I think the better, but
recognizing that the Canadian Forces, whether army, navy
or air force, are likely to be serving in other parts of
the world, and those facts have to be taken into account.
- WARD, "Former chief justice questions use of inquiries
[Speech to Conference of Defence Assns]", Canadian Press NewsWire,
Nov 24, 1997;
___________Flight Lieutenant Claude Dingwall was the defending
officer in the court martial referred to in the article: "Canadian
Soldier Gets Five Years For Knife Killing", The Globe and Mail,
16 March 1957 at p. 8;
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DINGWALL, Claude On June 22nd of
natural causes in his 88th year. Devoted husband of the
late Dorothy Martell, loving father of Jane and son-in-law
Gary Watson. Claude was predeceased by his brothers, Henry
and George. Born in Sydney, Nova Scotia, Claude joined the
RCAF and served proudly overseas during WWII. He went to
Law School, to a career in the Canadian Forces and in the
Public Service of Canada retiring in 1985. Family will
receive friends at Pinecrest Visitation Centre (2500
Baseline Road, Ottawa) on Wednesday, June 25th between 2
and 4 p.m. Memorial donations may be made to a charity of
your choice. - See more at:
http://www.legacy.com/obituaries/ottawacitizen/obituary.aspx?n=claude-dingwall&pid=112176414#sthash.aw7wWHWm.dpuf
DINGWALL, Claude On
June 22nd of natural causes in his 88th year.
Devoted husband of the late Dorothy Martell,
loving father of Jane and son-in-law Gary
Watson. Claude was predeceased by his
brothers, Henry and George. Born in Sydney,
Nova Scotia, Claude joined the RCAF and served
proudly overseas during WWII. He went to Law
School, to a career in the Canadian Forces and
in the Public Service of Canada retiring in
1985. Family will receive friends at Pinecrest
Visitation Centre (2500 Baseline Road, Ottawa)
on Wednesday, June 25th between 2 and 4 p.m.
Memorial donations may be made to a charity of
your choice
- See more at:
http://www.legacy.com/obituaries/ottawacitizen/obituary.aspx?n=claude-dingwall&pid=112176414#sthash.aw7wWHWm.dpuf
___________on DINGWALL, Claude, see his death notice, The
Ottawa Citizen, Tuesday, 24 June 2008, p. 30; available at
https://www.newspapers.com/image/..., accessed on 12 June 2020;
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Ottawa, Oct . 29 (C.P.) -The Commons Committee on
Veterans' Affairs is extending its study of the
ramifications
of dishonorable discharge. Lstened today to contentions that
were climaxed in the statement that such a discharge,
in its effect on the man's future, was equivalent "to a life
sentence."
That phrase came from Clarence Glllis C.C.F. (Cape Breton
South) in charging that the stigma of services
dishonor, made permanent in his discharge certificate, hung
over the ex-serviceman's head in every attempt
to re-establish himself.
He was joined by others in contending that that fate had
befallen tight who, after fire years of solid good service,
had committed some infraction of military rules after the
war ended. From that act they lost not only all
discharge benefits,
but the good name they needed to begin their civilian
life anew.
, avocat militaire, membre du JAG, barreau du Québec 2022;
Adam Dodek
DODEK, Adam, "Solicitor-Client Privilege in Canada Challenges for
the 21st Century", The Canadian Bar Association, Discussion Paper
for the Canadian Bar Association, February 2011, 53 p., ISBN
978-1-897086-94-0;
In 2009 and 2010, the House of Commons
ordered the Government to produce documents
related to the transfer of Afghan detainees from the
Canadian Forces
to Afghan authorities. Among
the documents thought to exist are legal opinions related
to this issue. In his April 27, 2010 ruling
on questions of Parliamentary Privilege, Speaker Milliken
held that the House of Commons’ power
to order the government to produce documents is absolute
by virtue of its constitutional
responsibility to hold the government to account.
212 No mention was made of Solicitor-Client
Privileged documents in the Speaker’s ruling and it was
implicit that demanding the disclosure of
such documents is within the powers of the House. This
view is supported by the Memorandum of
Understanding (MOU) entered into by the Government, the
Official Opposition and the Bloc
Quebecois which specifically authorized the Panel of
Arbiters established by that MOU to determine
that certain information should not be disclosed due to
Solicitor-Client Privilege. 213 The NDP
refused to sign the MOU because of the exceptions for
Solicitor- Client Privilege and cabinet
confidences. Thus, in theory Parliamentary Privilege
prevails over Solicitor-Client Privilege but in
practice it appears that Solicitor-Client Privilege is
still pre-eminent, at least on this occasion.
------
.....
212 House of Commons Debates, Hansard (27 April 2010).
213 Memorandum of Understanding between The Right
Honourable Stephen Harper, Prime Minister and The
Honourable Michael Ignatieff, Leader of the Official
Opposition an d Gilles Duceppe, Leader of the Bloc
Quebecois.
[Michael Doi, Legal Director, Ministry of the
Attorney General (Ontario) Financial Services Commission of
Ontario, LL.M. Co-Instructor,
Public & Constitutional Law]
My journey began at the Royal Military College in Kingston,
Ontario where I trained with the military and completed an
undergraduate degree in
history and political science. I wanted to combine my
interest in the military with law and pursued a joint
Canadian and US law degree at the
University of Windsor and the University of Detroit, which
included international law studies in London, England. After
articling with a large firm
in Toronto, I earned a masters degree in law at the
University of London (London School of Economics) and
finished additional graduate law studies
with Duke University’s program in Brussels, Belgium. I
returned to Canada, got married, and joined the Office of
the Judge Advocate General (“JAG”)
in Ottawa where I had an interesting opportunity to
practice military law. My wife and I later moved back to
Toronto to start our family, and I practiced
for a number of years with a downtown firm. I then joined
the Ministry of the Attorney General of Ontario where I had
the opportunity to practice
litigation at all levels of court, and later build a legal
management practice. I enjoy the challenge of practising law
by working on critical public law and
policy issues. I try to stay involved with the community and
enjoy volunteering with the Momiji Health Care Society and
the Federation of Asian Canadian
Lawyers. I appreciate being able to work with many bright
colleagues and friends in government, in the legal
profession, and in the not-for-profit world.
Michael Doi
____________Biographical Notes on Michael Doi, member of the Board
of Directors, Federation of Asian Canadian Lawyers, at https://on.facl.ca/about/board-of-directors/
(accessed 7 August 2018);
Mike is Legal Director at the
Financial Services Commission of Ontario. He graduated
from the Royal Military
College of Canada (B.A.), University of Windsor (LL.B.),
the University of Detroit (J.D.), and the London School
of Economics and Political Science (LL.M.,). Mike served
as a military lawyer with the Office of the Judge
Advocate General, and later practised with a Toronto law
firm, before joining the Ministry of the Attorney
General as constitutional litigation counsel. He later
served as Deputy Director (Litigation) at the Ontario
Ministry
of Community Safety and Correctional Services, and then
as Deputy Legal Director at the Commission before
assuming his current role. Mike teaches constitutional
law at Osgoode Hall Law School and at the University of
Toronto, Faculty of Law. He will also be co-chairing the
Prosecutor’s Network at the Advocates’ Society.
___________"The Judicial Independence of Canadian Forces General
Court Martials: An Analysis of the Supreme Court of Canada
Judgment in Regina v. Généreux", (1993) 16 Dalhousie Law
Journal 234-269; available at https://core.ac.uk/reader/288305019
(accessed 24 December 2020); former JAG officer; has LL.M. degree
from London School of Economics; J.D., University of Detroit;
__________on Doi, Michael: "Government of Canada announces
judicial appointments in the province of Ontario...November 2,
2018 – Ottawa, Ontario – Department of Justice Canada...Michael
T. Doi, a Legal Director with the Ministry of the Attorney
General of Ontario, is appointed a judge of the Ontario Superior
Court of Justice in Brampton. He fills a new position created
under Bill C-74, the Budget Implementation Act, 2018, No. 1",
News, DEpartment of Justice Canada, 2 November 2018; available
at https://www.canada.ca/en/department-justice/news/2018/11/government-of-canada-announces-judicial-appointments-in-the-province-of-ontario.html
(accessed 3 November 2018);
[Biography]
Justice Michael Doi obtained a B.A. in history and
political science from the Royal Military College of Canada,
an LL.B. from the University of Windsor, an LL.M. from the
University of London (London School of Economics),
and a J.D. from the University of Detroit. He was called to
the Ontario Bar in 1995.
Prior to his appointment, he served with the Ministry of
the Attorney General of Ontario, most recently as Director
of
the Financial Services Commission Legal Branch. He also
served as Deputy Director – Litigation at the Community
Safety and Correctional Services Legal Branch, and before
that as Counsel with the Constitutional Law Branch.
Before joining the Ministry, he practised with a
firm in Toronto, and before that served as a military
lawyer.
Over the course of his career, he has volunteered with
several legal and community organizations including as
President of the Federation of Asian Canadian Lawyers
(Ontario), Chair of the Prosecutors’ Network at the
Advocates’
Society, Vice-Chair of the Momiji Health Care Society, and
Vice-President of the National Association of Japanese
Canadians (Toronto). He also has taught constitutional law
at Osgoode Hall Law School and at the University of
Toronto,
Faculty of Law.
He is married to Julia, who is a lawyer. They have two
daughters, who keep them young at heart.
___________Where are they now? 16849 Mike Doi (RMC ’89), e
veritas, rmcclub / December 4, 2007;
16849 Mike Doi (RMC ’89) is a Partner
with Hicks Morley Hamilton Stewart Storie LLP and he
practices labour and employment law.
He earned a LL.M. from London School of Economics, a J.D.
from the University of Detroit, a LL.B. from the
University of Windsor
and a B.A.(Hons.) from the Royal Military College of
Canada. He was called to the Ontario Bar in 1995. He is a
former military lawyer
in the Office of the Judge Advocate General, Canadian
Forces. He was the National Vice-President of the National
Association of Japanese
Canadians, a national multicultural civil liberties group,
actively advocating for human rights and legislative
reform. He is the Founding
Member of the Japanese Canadian Lawyers Society of
Toronto. He is a Member of the OBA Limitations Act
Committee, CBA, and Royal
Canadian Military Institute, RMC Ex-Cadet Club. He is
married to Julia Shin Doi and is raising a child. mtd@hicksmorley.com
[source: http://everitas.rmcclub.ca/where-are-they-now-ou-sont-ilselles-11/,
accessed 8 October 2017]
Abstract
This study examined the application of conflict resolution
programs in three high security organizations. In contrast
to most civilian
institutions high security organizations such as the
Canadian Forces, are characterized by strong
organizational cultures, with firmly
embedded behavioural repertoires designed to manage
complex, tightly coupled, functions in situations of
imminent danger. Conflict
resolution as practiced by the Alternate Dispute
Resolution (ADR) program in the Department of National
Defence and the Canadian
Forces (DND/CF) has proven successful in many
civilian settings, however no significant literature
examines its effectiveness in a
military environment. To determine how
institutionalizing this function in non-military cultures
affected their operations, this study
compared those results with the introduction of
conflict resolution in the Office of the Veterans
Ombudsman, and the Office of the
Correctional Investigator. The DND/CF conflict
management program demonstrated that parties were highly
satisfied with the overall
outcome of mediation, its fairness and the amount of
control they exercised over the outcome. The DGADR
conflict management
program demonstrated successful outcomes, were
clearly accepted and strongly endorsed by participants,
and is likely to engender
ongoing support for organizational mandate and
objectives. Both the Office of the Correctional
Investigator and the Office of the Veterans
Ombudsman continue to realize acceptance of many of
their recommendations, have established a history of
successfully resolved
investigations and have developed the strategic
priorities that guide their current operations. All three
case study organizations encountered
normative embeddedness, which tended to resist efforts to
introduce new information and adjust behavioural
repertoires. Resistance to
change and the forces of institutionalization
appeared with challenges to the legitimacy and credibility
of these new approaches. Leaders
in all three case study settings had to remain
vigilant in protecting their mandate against erosion or
constraint, and in the absence of legitimacy
clearly defined by statutory authority they had to rely on
the active support of senior leaders. The data generated
by this study also identified
limitations related to the impact of mediation outcomes
and skills training on participants’ future behaviour, as
well as the application of
organizational justice beyond the conflict
management program to investigations conducted in
ombudsman settings. The results of this study
indicate that it is possible to integrate conflict
resolution into high security organizations, and that
organizational justice constructs can accurately
describe and serve as the basis for measuring the
intervention process and related outcomes. Developing the
required framework and conducting
the corresponding summative evaluation would provide
substantial insight into the application of conflict
resolution in high security organizations
and would in turn greatly assist the application in
these and other potential settings. This research approach
has the potential to serve as a model
in a broader range of settings such as provincial
and organizational ombudsman offices, police and fire
departments and emergency health organizations.
[source: dspace.library.uvic.ca/handle/1828/5619, accessed
7 March 2018]
It is with great pain and heavy hearts that we announce
the sudden passing of Steven Charles
Dollar on Thursday, June 3rd, 2019 at the age of 58, in
Hawkesbury, Ontario.
Originally born in Sault Saint-Marie, Ontario, and
having grown up in Oshawa and
Waterloo, Ontario, Steven graduated from Windsor Law
School. He went on to enjoy
a successful practice, having worked as Military Defense
Council and Attorney for the
Judge Advocate General’s Office in Canada and abroad. He
then began working as
Federal Crown Council at the Canada Revenue Agency in
Ottawa, and then with the
Public Prosecution Service of Canada, in Kitchener,
Ontario.
Though his career was an important and meaningful
part of his life, Steven’s son,
Geoffrey was evidently the centre of his world. As such,
Steven purchased his final
home in Hawkesbury to be closer to Geoffrey. He wanted to
watch his son blossom
into a successful performing artist whom he has actively
supported and from whom
he has derived great pride. His most recent, and final
home sits on the Ottawa river,
where Steven enjoyed many peaceful moments, during which
he has found serenity,
solace, and comfort.
Steven is survived by his son, Geoffrey Michaël
Dollar, his former spouse, Johanne
Richer, and will be greatly mourned by his parents, Gordon
and Marilyn Dollar, his
two brothers and their wives, Alan & Mary, Stewart
& Yin as well as by his niece and
nephews, Julia, Sean, and Justin. The extended Dollar
family, located primarily in
Southern Ontario, will equally cherish the memories they
share with Steven, and mourn
his loss.
He will be remembered for his kindness, his
generosity, as well as for his distinct sense
of humor and personality.
A visitation from 10 am to 11:30 am followed by the
Funeral service will be held on
Saturday, July 6th, 2019 at Shawn Jackson Funeral Home at
31 Elgin Street, St. Thomas,
Ontario, with a reception to follow the service.
Steven will be laid to rest in the St-Thomas
Cemetery in St-Thomas, Ontario.
___________on DOLLAR, S.C., Lieutenant-Commander, was defence
counsel in the Standing Court Martial of R. v. Green
1997 CM 3, 19 March 1997, Winnipeg, source of information:
MADSEN, C.M.V. (Chris Mark Vedel), Military
law and operations, Aurora (Ontario): Canada
Law Book, c2008-, vol. 2, at p. APP2: 1997-5;
__________on
DOLLAR, Steven Charles, was Lieutenant (Navy) on 31 December
1990
with the OJAG; his
seniority date for
that rank was 1 May
1989 (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);
...the Convention on Cluster
Munitions ...But Canada has yet to ratify the ban — five years
after signing it. The implementing legislation [Bill C-6] is now before the House of Commons after passing
through the Senate last year...The Conservatives have backed the
lawyers from the Judge Advocate General
(JAG) and so far have supported the completely out-of-place
Section 11 of the bill... [that]
allows for exemptions to be made in cases of “cooperation”
with an ally not obligated by the Convention, assumed to be the
United States.
After the “Somalia Affair” of the early 1990s, a government
investigation concluded that the Canadian
Armed Forces (CAF) had become dysfunctional as a
professional military force and needed to be
comprehensively reformed. It was perceived to be a
deeply-flawed institution whose soldiers were
ill-prepared, without discipline, and lacking leadership,
leading to systemic breakdown and pointing
clearly to an inappropriate organizational culture. The
subsequent reform movement initiated by the
government in 1997 to address these perceived problems
covered a range of issues, but a critical
focus was the need to redress the failure of military
leadership, alter the way in which the Canadian
military perceives of itself as a professional organization,
and to inculcate an ethos appropriate to the
CAF. This dissertation analyzes that reform process,
applying concepts of military innovation and
change, organizational culture, and organizational learning
to determine which factors had the greatest
influence on the introduction and process of change in the
post-Somalia context. It assesses the degree
to which the reforms specifically dedicated to officer
training, education, and professional development
have been implemented and the impact they have had on the
CAF as an institution. Ultimately, it
concludes that the CAF is a fundamentally different
institution today than it was when the post-Somalia
reform program was first launched. This is undoubtedly a
result of its engagement with the reforms
and efforts made to introduce new concepts, values,
narratives, and behaviours into CAF practices,
procedures, and expectations. While it is still not clear
that the CAF has completely institutionalized
all of the intended changes, a shift in culture has
occurred, improvements can be identified, and the
process of change and introspection remains ongoing.
[source: https://dspace.ucalgary.ca/handle/1880/109304,
accessed 22 November 2019]
D'OMBRAIN, N. (Nicholas), "Public Inquiries in Canada", (1997) Canadian
Public Administration 86; title noted in my research but
article not consulted yet;
Abstract
Public inquiries have been used extensively throughout
Canada’s modern political history, but they are in decline
as a vehicle for
policy development and under attack as a means of
investigating problems affecting the integrity of public
institutions. The article
traces the evolution of the public inquiry, and the
different approaches to its use taken by successive
administrations. Current
concerns about costs and delays are assessed from the
perceptive of earlier inquiries. The establishment and
management of public
inquires is looked at, together with the problems
associated with the adversarial process used by many
investigative inquiries. The
article concludes with proposals to deal with current
problems so that the public inquiry will continue to be
available to provide
Canadians with independent advice about national
development and the integrity of federal institutions.
[Source: http://onlinelibrary.wiley.com/doi/10.1111/j.1754-7121.1997.tb01498.x/abstract,
accessed 19 October 2017]
- before the
House of Commons Standing Committee on National Defence,
meeting number 63, 4 February 2013, minutes
and evidence;
- before the Standing Senate Committee on Legal and
Constitutional Affairs, issue 37, 23 May 2013, minutes
and evidence;
DONNELLY, J.A.H., Captain, was a member of the OJAG and was
defence counsel in R. v. Danells 1987 CM 116,
Disciplinary Court Martial, Halifax, 18 August 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: 1987-33;
DONNELLY, Patrick, Capt, member of the OJAG (Reserve), "New
Member of the Reserve", (2006) 1 JAG Newsletter --Les
actualités at p. 8; "sworn in at CFRC Calgary on 9 November
2005";
DONOVAN, R. (Ronald) J., Colonel (retired), 1938-, and D.
(David) V. McElrea, Lieutenant-Colonel (Retired), 1944-, A
History of the Royal Canadian Air Force Police and Security
Services, Renfrew, Ontario: General Store Publishing, 2008,
xiii, 271 p. : ill. ; 25 cm. + 1 computer optical disc (4 3/4
in.), ISBN: 1897508190, 978-1897508190; see chapter 8 on the war
crimes trialsfor the Canadian Military Courts of
Robert Holzer, Walter Weigel and Wilhem Ossenbach, held at Aurich,
Germany, 25 March -6 April 1946 and their executions; see
EUSTACHE, this bibliography, for more information on these trials;
title of book noted in my research on 9 March 2020 but but book
not consulted yet; copy at Ottawa University, MRT, UG 1025
.C3 D65 2008;
Nathalie Dorais-Pagé
DORAIS-PAGÉ, Nathalie, Capt. was at ELFC St-JEAN (new legal
officer), see "Personnel: Postings/Affectations", (2004) 1 Les
actualités JAG Newsletter at p. 10; membre du Barreau du
Québec depuis 1997; travaille au Ministère de la Justice Canada,
Ottawa (renseignement en date du 18 janvier 2019, Bottin des
avocats du Barreau du Québec);
The current legislation contains an astonishing section
that undermines the goals of the treaty. Bill C-6 is now
in the committee
stages where, hopefully, amendments can remove this flaw
in the legislation. Because of Section 11, the current
legislation is
contrary to both the spirit and the letter of the Cluster
Munitions treaty. Thus, the draft legislation will not
achieve Canada’s
goal of a total ban on cluster munitions unless it is
amended.
......
he Conservatives have backed the lawyers from the Judge
Advocate General (JAG) and so far have supported the
completely
out-of-place Section 11 of the bill. The government has
called a special session of the Foreign Affairs Committee
to hear
arguments on Section 11. Having testified before this
committee, I strongly hope that they will eliminate or
amend the
paragraphs that would undermine Canada’s full
implementation of the Convention.
DORN, A. Walter, and Joshua Libben, "Preparing for peace: Myths and
realities of Canadian peacekeeping training" (2018) 73(2) International
Journal 257-281;
Abstract
During the Harper years (2006–2015), Canada significantly
reduced the training, preparation, and deployment of
military
personnel for United Nations (UN) peacekeeping. Now, despite
the Trudeau government’s pledge to lead an international
peacekeeping training effort, Canada’s capabilities have
increased only marginally. A survey of the curricula in the
country’s
training institutions shows that the military provides less
than a quarter of the peacekeeping training activities that
it provided
in 2005. The primary cause of these reductions was the
central focus on the North Atlantic Treaty Organization’s
Afghanistan
operation and several lingering myths about peacekeeping,
common to many Western militaries. As the Trudeau government
has committed to reengaging Canada in UN operations, these
misperceptions must be addressed, and a renewed training and
education initiative is necessary. This paper describes the
challenges of modern peace operations, addresses the
limiting myths
surrounding peacekeeping training, and makes recommendations
so that military personnel in Canada and other nations can
once again be prepared for peace.
[Source: http://journals.sagepub.com/doi/abs/10.1177/0020702018788552,
accessed 28 September 2018]
------------
Jane Doucet, the
author
Stephanie Carvin and Major Max Reede
source: https://www.google.com,
ca.linkedin.com/in/jane-doucet-3768268
Throughout the afternoon of January 27, the panel
of speakers at the 12th annual International Humanitarian
Law Conference shared their expertise on the issues
surrounding cyber warfare with around 80 people in
Room
105 at the Schulich School of Law.
....
In addition to Gribbin and Colonel Brown, the panel
consisted of Schulich Law Professor Jonathon Penney;
Stephanie Carvin, assistant professor of international
relations at Carleton University’s Norman Paterson
School of International Affairs; and Major Max Reede,
legal advisor to Joint Task Force Atlantic and
Maritime Forces Atlantic.
.....
Major Reede said that in the foreseeable future, cyber
warfare is an area of “significant challenge” and
an important area of growth and development for the
Canadian military.
“It’s easy to understand a [traditional] bomb, but it’s
less easy to understand a logic bomb,” he said.
“What makes it even more challenging is that the cyber
weapons of today might soon be obsolete.”
DOUCET, J.S.P. (Philippe), avocat, membre du Barreau du Québec
depuis 2009; membre du cabinet du JAG et JAA à la Garnison de
Valcartier (renseignements au 6 juillet 2018); philippe.doucet2@forces.gc.ca
; tél.: 418-844-5000, ext. 5602;
Mercredi
27 mai 2020, 10h30 – 12h00 (HNE) Moyens et méthodes de guerre / Conduite des hostilités
& Responsabilité
du commandant Enseignant: Major Philippe
Doucet, Centre
de droit militaire des Forces
canadiennes, Forces armées
canadiennes
Le Major Doucet est avocat militaire au sein du
Cabinet du Juge-avocat
général et pratique présentement au Centre de
droit militaire des Forces
canadiennes. Membre
des Forces armées canadiennes depuis 1994, il a
débuté sa carrière comme officier d’infanterie
et il a servi au sein du Royal
22e
Régiment. En 2004, il a été sélectionné pour le programme
militaire
d’études en droit. Avocat militaire depuis 2008,
il a occupé plusieurs postes au sein du Cabinet du Juge-Avocat
général, dont procureur militaire,
juge-avocat adjoint et avocat au sein de la
section des réclamations et du
contentieux des affaires civiles. Le Major Doucet est membre du Barreau
du Québec. Il détient un Baccalauréat en
histoire et en politique du Collège
militaire royal du Canada et un
Baccalauréat en droit de
l’Université Laval.
Image
source: twitter.com/sundoucette, accessed 20 December 2016
Chris Doucette
Death threats forced Marj Matchee to go into
hiding with her daughter when her paratrooper husband was
tied to the
deadly 1993 beating of a Somali prisoner.
But after living with the shame for decades, she is now
demanding the Canadian government shoulder some blame for
the Somalia Affair.
TORONTO - A
former military medical officer who was caught treating
soldiers at a Canadian Forces base without
a licence in 2007 is now accused of a series of recent bank
heists.
And just before one armed robbery, Toronto Police allege
the man fired a gunshot inside a Belleville high school
to keep cops busy.
___________"Long Nightmare Nears End? Second of 2 Parts:
Relief in Sight for sufferer", The Ottawa Sun,
Monday, 19 December 2016 at p. 16; interview with Dave Bona who
went to Somalia with the Canadian Airborne Regiment; available at
(accessed on 20 December 2016);
Image
source: cbc.ca/2017/canadaapeopleshistory/canada-a-people-s-history-new-times-new-ways-part-1-1.4154436,
accessed 24 December 2017
Michelle Douglas (copyright Michelle Douglas)
DOUGLAS, Michelle, see Douglas v. Canada, [1993] 1 FCR 264, 1992
CanLII 2419 (FC), <http://canlii.ca/t/4gsj>;
re Constitutional law "Charter of Rights Equality Rights" Equality
rights " Armed forces officer admitting to being lesbian "
Accepting release, alternative being retention subject to severe
career restrictions " Action for damages, declarations " Crown,
following out-of-court settlement, consenting to judgment
plaintiff's Charter s. 15 rights denied " While case law
concerning application of s. 15 to homosexuals unsettled,
declarations agreed to supportable in current state of law";
DOW, Marla, biographical notes:
Lieutenant-Colonel M.J. Dow, CD, MA, LLB
Lieutenant-Colonel Marla Dow joined the Canadian Forces in
1988. A graduate of Royal Roads
Military College, the Royal Military College, and the
University of Ottawa, she served an
Intelligence Officer before becoming a Legal Officer. As a
member of the Office of the Judge
Advocate General, she has provided legal advice on issues
ranging from Defence governance to
military personnel policy, the release and disclosure of
information to cyber policy. Lieutenant-
Colonel Dow completed a tour as an exchange officer to the
US Army JAG’s Legal Center and
School, deploying briefly to the Multi-National Force-Iraq
HQ in Baghdad, and also served with
the International Security Assistance Force HQ in
Afghanistan. She is currently the legal advisor
to the office of the Chief of the Defence Staff.
[source: https://www.canada.ca/content/dam/dnd-mdn/documents/reports/20170329-rmc-ssav-report-final.pdf,
accessed 30 March 2017]
___________Marla Dow is listed as a contributor to the
publication: Rule of Law Handbook: A Practitioner's Guide for
Judge Advocates, Charlottesville (Virginia, USA): The Judge
Advocate General's Legal Center and School, U.S. Army Center for
Law and Military Operation (CLAMO), 2008, xi, 294 p.; available
at http://www.loc.gov/rr/frd/Military_Law/pdf/rule-of-law_2008.pdf
(accessed 28 August 2016);
___________Recent photo of Col Marla Dow:
"Office of the JAG@JAGCAFJun
18[2018]. Our Chief of Staff,
Colonel Marla Dow, was
pleased to review the latest graduates of the Canadian
Forces Leadership and Recruit School
in Saint-Jean, Québec last week. The School conducts basic
training for new @CanadianForces
members."
[Accessed 23 June 2018]
The Brussels Conference of 1874 was convened after the
Franco-Prussian War (1870-71). At stake was not
only the restoration of the fragile balance of power in
Europe, but also the articulation of a new ideal of
warfare and its role in the European state system. This
article discusses the Conference in relation to the “new
war” thesis put forth by Mary Kaldor in New and Old Wars
(1999). It was at Brussels that the “old war”
crystalized as a political ideal: war would be a
tournament, fought by professional armies, organized by
nation
states; civilians who refrained from participation would
be protected from being attacked. At Brussels, this
view prevailed over the “total war” view, which would
permit both deliberate targeting of civilians and violent
reprisal against them. Brussels laid the foundations for
the further development of international humanitarian law
at The Hague Peace Conference of 1899.
___________The Rules of Engagement: Self-Defense and the
Principle of Distinction in International Humanitarian Law,
a dissertation submitted to the Faculty of Graduate Studies in
partial fulfillment of the requirements for the degree of Doctor
of Philosophy, Graduate Program in Law York University, Toronto,
Ontario, May 2016, vii, 327 p.; available at https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=1028&context=phd
(accessed 3 January 2019);
DOWSLEY, J.E., Major, on, see "District Officers
Named to Standing Court-Martial", The Ottawa Citizen, 4
July 1944 at p. 10, available at
https://www.newspapers.com/image/...., accessed 24 June 2020;
In his response the JAG [May 27, 2014 the JAG
before the Standing Committee on National Defence (SCOND) at
the House of Commons ] claims that during a three-year
period he was unable to meet a statutory requirement to
complete an annual report whose contents are largely loaded
with template information because of a hiatus of conflicting
priorities, including his work with dealing with legislative
changes to the National Defence Act.
The irony is that the JAG’s response was addressed to a
distinguished parliamentarian who has worked exhaustively
on Bill C-15 which modified the Code of Service Discipline
as contained in the National Defence Act while carrying
out his overall responsibility within his party caucus for
criticizing government defence policies and suggesting
improvements and presenting alternatives to government’s
policy and legislative agenda.
More than anyone else, Mr. Harris knows that the business
of passing legislation belongs to parliamentarians not
members of the armed forces.
It is astonishing or puzzling to hear that the JAG, who
oversees the superintendence of the Canadian Military
Justice System, and who is also the pyramidal superior to
more than 168 military lawyers, to claim that because of
his legislative workload he has been delayed three years
to meet his statutory reporting obligations to Parliament.
This is particularly disturbing because the military
justice system is currently in the news spotlight about
its incapacity to deal with increased incidence of sexual
misconduct in the Canadian military.
Civilian control of the military through the medium of
elected representatives is one of the cornerstones of a
working democracy.
To maintain accountability of the military to the
“people’ there is, however, a fundamental and essential
requirement for the armed forces to respect the law to its
fullest extent. In our system of government, parliamentary
control cannot be effected unless the military meets their
post-facto reporting obligations to the fullest extent
possible.
___________"An
insider's look at the changing landscape of the Canadian Court
Martial Appeal Court", Global Military Justice Reform web site, blog, 6
June 2016, available at (accessed on 7 June 2016);
___________"As his last official act in the
Office of the Vice Chief of the Defence Staff, General Guy
Thibeault deplores having the military subject civil oversight", Global
Military Justice Reform web site, blog, 9 August 2016, available
at (accessed on 10 August 2016);
LGen Thibeault's bold
statement is simply antipodal to the notions of civil
control and how a military should operate within a
democracy. The military,
here and elsewhere, must not operate as if it were a
parallel government. The military should not only
accept but should
embrace civil control
over its accounting, equipment, deployments and
management processes, and above all, its military
justice system
which needs to be modernized to be in full conformity
with the law of the land. This is currently not the
case.
__________"Bill C-15: strengthening the military justice system,
more questions than answers -- The National Defence Act is still
deficient in some major areas and it requires more than tweaks and
tinkering to bring it into the 21st century", The Hill's Times, Monday, 23
July 2012;
___________Blog
about the book Behind the Times,
Global Military Justice Reform web site,
blog, 1 April 2017, available at http://globalmjreform.blogspot.ca/
(accessed on 2 April 2017);
Contributor Jim [sic-should be Tim] Dunne has
written an article published in FRONTLINE DEFENCE -
[Canada's defence magazine] on the
Canadian military justice questioning, inter alia, the
efficacy of having episodal independent reviews of the
National
Defence Act by jurists who rely on the assistance and
guidance provided by a compact phalanx of senior officers
from
the Office of the Judge Advocate General (JAG) to complete
that task.
In April 2014,
Major-General Blaise Cathcart, the Judge
Advocate General (JAG) of the Canadian Armed Forces
tabled its Annual Report before
Parliament on the administration of military justice
for period April 1, 2010 to March 31, 2011. A report of
marginal utility as approximately 80 percent of its
contents is loaded with template information. Yet, the JAG
provided no reason for providing his report more than
three years after the end of the reporting period. He also
provided no explanation as to when he next expects to
produce his report for the 2011-2012 and 2012-2013
periods.
__________"Canadian military justice system has
evolved 'separate and apart' from civil society", Michel Drapeau
Law Office, 25 January 2016, available at http://mdlo.ca/uncategorized/3390/
(accessed 26 January 2016);
___________"The Canadian Military Justice System: Marking Time?",
for presentation to the academic panel discussion, 5 August 2013;
available at http://mdlo.ca/wp-content/uploads/2013/08/August-2013.-Canadian-Military-Justice-System.-Marking-Time.pdf
(accessed on 4 December 2013); Notes: "Response systems
panel to adult sexual assault crimes panel, under Section 920 of
the Title 10 & S.C. (Article 120), Uniform Code of
Service Discipline, as authorized by Secretary of Defence pursuant
to Section 576(a)9a) of the National Defence Authorization
Act for Fiscal Year 2013 and in accordance with the Federal
Advisory Committee Act of 1972; also published in (October 2013) 20 Esprit de corps 38-40;
"The Canadian Charter of Rights and Freedoms
recognizes the existence of the military justice system and
its own tribunals operating in parallel to the Canadian
criminal law system. Yet, there continues to be an absolute
paucity of any reference works on military law and members of
the Canadian military bar are seldom heard or read. This
article aims at filling the void, at least in part. In writing
this article, the author, who served for 34 years in general
staff and command positions in the Canadian Forces, had two
general purposes in mind: a) to present the general reader
with a general overview of the history, customs, organization,
and structure of the military personnel system, and b) to
provide a reference work presenting a detailed view of the
Code of Military Discipline, both in its contents and its
workings. Finally, in light of the extensive changes in 1999
to the National Defence Act and the accompanying regulations,
the author concludes by reviewing the nature and impact of
each of the punishments that may be imposed by a military
tribunal or the Court Martial Appeal Court of Canada to those
who are subject to the Code of Service Discipline." (source:http://www.cba.org/cbastore/search.aspx?pubid=2&subject=Military+Law,
accessed on 11 July 2008);
April 1, 2015. Unexpectedly, the
executives of the Canadian Bar Association
(CBA) have abruptly cancelled the 2015 Annual Conference
of the Military Law Section which would have had the
rare opportunity to hear from two giants in the field of
reforms to military justice systems in Canada and elsewhere,
the Honourable Mr. Justice (ret’d) Gilles Létourneau
and Eugene Fidell, a Visiting Lecturer and Senior
Research Scholar at the Yale Law School. The CBA
executives also curtly turned down our own offer to step up to
the plate and arrange, in cooperation with the CBA, a
conference to permit military law professionals to come
together in a congenial way in the September-October 2015
timeframe to address matters of concern or interest to the
greater military law family. ...
___________"Droit militaire canadien: un coup d'oeil", Pratiquo, Le Centre de formation
professionnelle continue de la Faculté de droit
de l’Université d’Ottawa, formation du 4 juillet
2019, 55 minutes, $90.00; voir https://pratiquo.ca/categorie/militaire/,
consulté le 19 août 2019;
Regrettably,
in Canada no such restriction exists and, therefore, the situation
may be perceived as being
inconsistent with the role of the CMAC as a civilian
tribunal.
___________"Falling out of step? Canada's military justice system
has opportunity to strengthen bond between Canada and England --
Our National Defence Act was based on military traditions handed
down from the Crown. However, even the British Crown has
unequivocally recognized that the Code of Service Discipline, a it
stands, is not in conformation with contemporary human rights
values", The Hill Times on Line,
Issue 1106, 19 September 2011, at p. 22; title noted in my
research but article not consulted yet (17 December 2011);
available at http://responsesystemspanel.whs.mil/Public/docs/meetings/20130924/materials/academic-panel/Drapeau/Drapeau_Hill_Times_20110919_Falling_out_of_step.pdf
(accessed on 1 May 2014);
___________"General / Flag
Officers on General
Court Martial", Global
Military Justice Reform web site, blog, 5 October 2017,
available at (accessed on 6 October 2017);
As a quintessential
institution of our democratic society, the military is
subservient to the Rule of Law and subject to civil
control. Yet, examples abound where the military brass in
many of our democracies are openly resisting the
introduction of necessary reforms to bring military
justice in line with evolving concepts of human rights and
justice in the free world.
___________"How the Canadian military's justice
system responds to sexual assault? Does it?", Global Military Justice
Reform web site, blog, 28 October 2020, available at https://globalmjreform.blogspot.com/2020/10/how-canadian-militarys-justice-system.html
(accessed on 29 October 2020); about prof. Elaine Craig's
article "An Examination of How the Canadian Military’s
Legal System Responds to Sexual Assault";
"Left to right:
His Honour Judge Jeff Blackett, UK JAG; BGen Jan Peter Spijk
President,
International Society for Military Law and Law of War;
Eugene R. Fidell,
Senior Research Scholar in Law & Florence Rogatz
Visiting Lecturer, Yale
Law School; Colonel Robin Holman, Deputy Judge
Advocate General (Canada)".
___________"It's the militarization of civilian oversight
organizations. Parliamentarians should change the National Defence
Act to ensure that a civilian accounting structure, with real
powers, be put in place in order to bring it more in harmony with
Canadian values of independence, fairness and impartiality", The Hill Times online, 17
December 2011; available at (accessed on 1 March 2012);
OTTAWA—The issue of Parliamentary
oversight of the Armed Forces as well as the relationship between
the military and civil authority was reviewed by the Somalia
Commission of Inquiry which concluded that the Canadian military
leadership should be guided by the imperative that the Canadian
Forces be prepared to conduct their operations in peace and war in
accordance with Canadian standards, values, laws and ethics. In
its June 1997 report, The Lessons of the Somalia Affair,
the commission concluded that civil control of the military should
come from attentive citizens acting through an informed, concerned
and vigilant Parliament. (source, http://www.hilltimes.com/opinion-piece/opinion/2009/09/14/its-the-militarization-of-civilian-oversight-organizations/22381,
accessed on 17 December 2011);
It
is astonishing or puzzling to hear that the JAG, who
oversees the superintendence of the Canadian Military
Justice System, and who is also the pyramidal superior
to more than 168 military lawyers, to claim that
because of his legislative workload he has been
delayed three years to meet his statutory reporting
obligations to Parliament. This is particularly
disturbing because the military justice system is
currently in the news spotlight about its incapacity
to deal with increased incidence of sexual
misconduct in the Canadian military. Civilian control of the military
through the medium of elected representatives is one
of the cornerstones of a working democracy. To
maintain accountability of the military to the
“people’ there is, however, a fundamental and
essential requirement for the armed forces to respect
the law to its fullest extent. In our system of
government, parliamentary control cannot be effected
unless the military meets their post-facto reporting
obligations to the fullest extent possible.
The issue of "Mefloquine" - medication used to
prevent or treat malaria - with its side effects that
include possibly long-term mental health problems, anxiety
and
other serious effects such as abnormal and violent
behavior surfaced during the Commission of Inquiry into
the Deployment of Canadian Forces to Somalia. In its
1997 Report titled "Dishonoured Legacy: Report of
the Commission of Inquiry into the Deployment of
Canadian Forces to Somalia" ....
___________"The militarization of civilian oversight
organizations", (14 September 2009) The Hill Times;
___________“Military grievances: the Crown can do no
wrong. Why is it hard for our military elite to
understand this in both the criminal and the administrative
law systems?”, (16 November 2009) The Hill Times 16;
issue 20th
year, number 1014; available at http://www.mdlo.ca/docs/Michel%20Drapeau%20Hill%20Times%2016-Nov-09%20Military%20grievances.pdf
(accessed on 2 March 2012);
The Military Police Complaints Commission (MPCC)
published their 1,000-page Final
Report into the Public
Interest Hearings surrounding the 2008 suicide death of
Corporal Stuart Langridge. ...
__________"Military Justice System Overhaul: An Urgent Task"
(1995), Esprit de Corps, vol. 5, issue 4, pp. 7-8;
__________Military Justice, "Tipping back the Scales - a review of
the JAG", (shipped in October 1997), Esprit de Corps,
vol. 6, issue 2, pp. 4-5 and 17;
The summary trial is perhaps,
at best, an anachronism presenting an absence of structural
independence and impartiality. There is an urgent need to
review this." (p. 13)
___________on Michel Drapeau appearing at the CTV news program
"Power Play" of 26 March 2019 on the appeal case of Beaudry
before the Supreme Court of Canada on 26 March 2019, at
23:20 to 30:40 of 46:02 at https://www.ctvnews.ca/video?clipId=1641238
(accessed on 28 March 2019);
On the eve of the release of the Final Report by the
Military Police Complaints Commission [MPCC],Press Releasethe Canadian
Forces Provost Marshal (Chief of Police) adopted a policy
presenting the Commission to append its submission (titled Notice
of Action) to the Final Report. In response, the MPCC
filed an Application for Judicial Review before
the Federal Court of Canada seeking a declaration to the
effect that the Provost Marshal has no jurisdiction to
prohibit the publication of its Notice of Action as
part of the MPCC Final Report. ...
___________"Restoring Pride to Canada's Military" (shipped
December 1999), Esprit de Corps, vol. 7, issue 7, pp. 6-9,
see "The Military Justice System" at pp. 8-9; available at
(accessed on 31 May 2012);
___________"Somalia scandal: another indication of a widening
moral crisis in government" (July 1997) Esprit de corps; title noted in my research but
document not consulted yet (21 December 2011);
On May 15, 2017 the Parliamentary precinct
newspaper Hill Times published a response
to Major General Blaise Cathcart's earlier
end of tour of duty interview published in the Lawyers'
Daily. The article written by Joshua Juneau,
one of my associates, is a tad
uncomplimentary of the Judge Advocate General's legacy after
seven years in that position. ...
____________testimony of Michel Drapeau, Professor, University of Toronto, on
Bill C-15,An
Act to amend the National Defence Act and to make
consequential amendments to other Acts -- this Bill
has the Short Title:Strengthening
Military Justice in the Defence of Canada Act,
- before the
House of Commons Standing Committee on National
Defence, meeting number 65, 11 February
2013, minutes
and evidence;
- before the
Standing Senate Committee on Legal and
Constitutional Affairs, meeting issue 38, 29 May 2013, minutes and
evidence;
The MGERC 's General Counsel, Caroline
Maynard, has been appointed acting Chair of the MGER
in January 2017.The two Vice-chair positions
at the MGER are currently vacant.
Other similar
critical shortages are being experienced across
the federal government. There are currently a number of
vacancies of federally appointed
judges (57). Moreover, there is as well a significant number
national level GIC appointments that are vacant. For
example, the Immigration and
Refugee Board (is short 32 members) and in the
military/defence field the Military Judges Compensation
Committee (is short 3 members); the Military
Police Complaints Commission (2); the National Battlefields
Commission (1); the Veterans Review and Appeal Board (12).
There is also one vacant
military judge position.
___________"What Happens When Canadian Soldiers Commit Crimes
Abroad? – Quand les soldats canadiens commettent des crimes à
l’étranger?" in, sous la direction de Hélène Dumont, 1947-, and
Anne-Marie Boisvert, 1947-, La voie vers la Cour pénale
internationale : tous les chemins mènent à Rome -- The
Highway to the International Criminal Court: All Roads Lead to
Rome, Montréal: Les Éditions Thémis, 2004, xxviii, 616 p.,
at pp. 591-605; notes: Textes présentés lors du 13e colloque
Journées Maximilien-Caron tenu à Montréal, les 1er et 2 mai 2003;
Textes en français et en anglais; titre noté dans mes recherches
mais article pas encore consulté (23 juillet 2004);
___________Winds of change: conference and debate on Canadian
military law, November 13, 2015, University of Ottawa,
Faculty of Law, 2015; copy at the library of the Supreme Court of
Canada, Ottawa, call number: KF7252 A75 W56 2015 ;
Image
source: http://www.carswell.com
DRAPEAU, Michel W., 1943-, and Ashlee Barber, "Military Law"
in The Canadian Encyclopedic --
Ontario, 4th ed., Thomson Reuters Canada (Carswell),
November 2009, vol. 37, title 99, 217 p., see the Table of
Contents, ISBN: 978-0-7798-2281-2; also published in The Canadian Encyclopedic -- Western,
vol 40, title 102;
DRAPEAU, Michel W., comments made to presentation by WATERS,
Christopher, Associate Dean, Faculty of Law, University of
Windsor, "The Erosion of Civilian Oversight Mechanisms: How the
Transfer of Afghan Detainees Represents a Betrayal of the Somalia
Legacy", in Osgoode Hall Law School, York University, Jack &
Mae Nathanson Centre on Transnational Human Rights, Crime and
Security, Special Forum on the Canadian Mission on Afghanistan
Session Theme: Moral and Legal Responsibility with Respect to
Alledged Mistreatment of Transferred Detainees in Afghanistan,
8 February 2010, transcript of 7th Session by Christopher Waters,
with comments from Michel Drapeau, Craig Scott and Bob Rae, 9
pages available at file:///C:/Users/Owner/AppData/Local/Temp/7%20Transcript%20of%20Waters%20Session.pdf,
accessed 17 June 2020;
DRAPEAU, Michel and Joshua Juneau, "Abuse of Recruits
Reprehensible: Victimizing subordinates is not part of the
training process and should not be condoned by the military", Esprit de Corps, Canadian Military Then
& Now, Dec 2014, Vol.21(11), p.44; title noted in my
research but article not consulted (3 February 2017);
___________"Calling the House to Order! After 70 years of peace,
its time for greater civilian control over the Canadian military
criminal justice system, presented at the 30th annual conference
of the International Society for the Reform of Criminal Law,
July 9-13, 2017, San Francisco, CA, U.S.A.", [Ottawa:], Michel
Drapeau Office, 2017, 72 p., available at http://mdlo.ca/wp-content/uploads/2013/05/2017-06-14-Drapeau-Juneau-article-San-Fran-FINAL-3.6.pdf
(accessed 20 July 2017); copy at University of Ottawa: Brian Dickson Law Library
FTX GeneralKE 7160 .D73 2017;
In May 2013, retired
Justice Gilles Létourneau, appearing before the Senate
Committee on Constitutional and
Legal Affairs, stated his belief that summary trials, in
their current form, are “unconstitutional” and in need
of procedural “safeguards” as have been implemented in the
United Kingdom via a decision of the European
Court on Human Rights, a supra-national and international
court established by the European Convention of
Human Rights (which is almost identical to our very own
Charterof Rights and Freedoms).
In our opinion,
summary trial shortcomings can be easily resolved by
making two reforms. Firstly, summary
trials should be renamed as “disciplinary proceedings”
because this is what they were designed to be — no more,
no less. Secondly, any charge warranting detention (the
loss of liberty) or the imposition of a criminal record
should automatically be referred to a court martial, where
full procedural rights (including right to counsel, etc.)
as guaranteed under the Charter of Rights and Freedoms are
provided.
In Europe, the
European Court of Human Rights has considered the
question of constitutionality of summary trials
and has decided that their system, which was identical
to our system, was in clear and unequivocal
contravention
of the rights owed to serving service persons. In
reaction, the UK immediately created reforms allowing
for an appeal
mechanism from summary trials, where a right to counsel
and rules of evidence are available. The summary trial
system in the UK has now been decriminalized, and there
are mandatory referrals to courts martial for matters
where
imprisonment (or detention) may be contemplated.
Australia followed suit. Ireland followed suit.
New Zealand
followed suit. And in France and Germany, they have
eliminated summary trials altogether. Now, a
member serving
in the military of these countries relies exclusively on
civilian courts. (p. 40)
___________"Law and Order : The Fynes Public Interest Inquiry:
Investigating the modus operandi of the National
Investigation Service" [Part 2], (February 2013)
20(1) Esprit de corps
38-41 and 57-58; available athttp://mdlo.ca/wp-content/uploads/2013/05/Esprit-de-Corps-Vol.-20-1.pdf
(accessed 26 November 2015);
___________"Law
and Order : The Fynes Public Interest Inquiry: Gdetting it
all wong: Executor, administrator or primary next of
kin?" [Part 2], (March 2013) 20(2) Esprit de corps 30-32;
available at http://mdlo.ca/wp-content/uploads/2013/05/Esprit-de-Corps-Vol.-20-2.pdf
(accessed 25 November 2015);
___________"Law
and Order : The Fynes Public Interest Inquiry: Looking
forward: A Springboard for change, or a recipe for
recurrence?" [Part 4], (May 2013) 20(4) Esprit de corps 38-40;
available at http://mdlo.ca/wp-content/uploads/2013/05/Esprit-de-Corps-Vol.-20-4.pdf
(accessed 25 November 2015);
__________"A Misnomer: Judge Advocate General? When is a judge
not a judge?”, Hill Times, March 4, 2013;
__________“A National Strategy needed for 700,000 Veterans; and,
it’s time Canada created a Veterans Commissioner as an Officer of
Parliament”, Hill Times, January 13, 2014;
DRAPEAU, Michel and Gilles Létourneau, "Parliamentary Control of
Armed Forces: a matter of national urgency and public interest", The
Hill Times on Line, Monday, 18 January 2016;
DRAPEAU, Michel W. and David McNair, Canadian Military Law,
Syllabus, course Syllabus, DCL 5123B–Canadian Military Law,
CML 3149–Studies in Public Law: Canadian Military Law,
February 3 to April 04, 2014, University of Ottawa; available
at: (accessed: http://studylib.net/doc/8252418/canadian-military-law-syllabus,
24 July 2017);
___________ Course
Syllabus --"CML 4104B -- Studies in Public
Law -- Canadian Military Law -- Winter 2012 -- FTX 136";
this course is given at the University of Ottawa (site accessed on
24 January 2012);
DRAPEAU LAW OFFICE, MICHEL, ed., Winds of Change: Conference
and Debate on Canadian Military Law, [Ottawa:] Michel
Drapeau Law Office, 2016, 102 p., NOTE: 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 Létourbeau, Preface, p. 7);
"(Organizing Committee for the Conference:
Michel W. Drapeau, Joshua M. Juneau, Walter
Semianiw and Sylvie Corbin)";
available at http://mdlo.ca/wp-content/uploads/2016/01/2015-Conference-Proceedings.pdf
(accessed 20 January 2016);
DRAPER, William H. (Henry), 1801-1877, solliciteur-général
de la province, a été nommé juge-avocat pour la cour martiale en
haut-Canada, à Kingston qui doit avoir lieu le 26 novembre 1838,
voir L'ami du peuple, de l'ordre et des lois, Montréal, 1
décembre 1838, vol. 7 numéro 39. samedi 1 décembre 1838, p. 2,
disponible à http://collections.banq.qc.ca/ark:/52327/3584481,
page consultée le 30 juin 2020;
William Henry Draper, named judge-advocate in 1838
___________on DRAPER, William Henry, 1801-1877, see his entry in
the Dictionary Of Canadian Biography, vol. 10, (1871-1880);
available at http://www.biographi.ca/en/bio/draper_william_henry_10E.html,
accessed 30 June 2020; "politician, lawyer, and judge";
Shortly after Draper’s return, the colony was immersed in
the rebellion of 1837. It was to his house,
on the night of 4 December, that Head brought his
wife and other women and children of the
little colonial élite to seek refuge from the expected
assault of William Lyon Mackenzie*’s “army.”
After the failure of the rebellion Draper organized many
of the prosecutions which took place in
the next two years when raids by rebels kept the border in
constant turmoil.
[By George Metcalf]
DRAPER, Richard E., "The Canadian Forces Military Police:
Exploring the Need for Comprehensive Peace Officer Status in
Accordance with Federal and Provincial Statute Law", Integrated
Studies Project submitted to Dr. Carolyn Greene in partial
fulfillment of the requirements for the degree of Master of Arts –
Athabasca University, Master of Arts, Integrated Studies,
Athabasca, Alberta, April 2015, 61 p.; available at http://dtpr.lib.athabascau.ca/action/download.php?filename=mais/RichardDraperProject.pdf
(accessed 13 August 2015);
DREBOT, Zenon (Zenon Stephan/"Zen"), lawyer, member of the Law
Society of Ontario and of the OJAG;
__________on DREBOT, Zenon, see CUDMORE, James, "Soldiers not
sure of role in Macedonia: Armoured vehicles leave Edmonton by
rail: [All But Toronto Edition], National Post, [Don Mills, Ont]18 May
1999, at p. A9;
"If the soldiers know that
their families are taken care of, it makes it easier for
them to go overseas,"
says Captain Zenon Drebot who will command the support unit
[Edmonton's Lord Strathcona's
Horse (Royal Canadians].
This training mission in Afghanistan has a strong
Strathcona presence. Master Corporal Luke
“Grizzly Adams” Jarjahfendic, seems to be doing
well here except for apparently having gone
feral. His thick, luscious beard would be the envy
of any lumberjack or Viking. Major Tim
“Salam Alaikum” Day has been hard at work
within the Language Training Branch, doing
a cunning job with linguists across Afghanistan.
Older minds might remember two former
Strathconas, Major Zen Drebot and Captain
Todd Parker, who are doing well here in Kabul.
___________"Reconciling the Regimental System with the Battle
Group Concept- A Heretics Point of View", Armour
Bulletin, Volume 32 No. 1, 1999, p. 18; title noted in my
research but article not consulted; may not deal with military
law, article noted in Fred Hayward, "The use of simulation to
support training in a resource restrictive environment", Canadian
Army Journal Vol. 9.2 Summer 2006, 142 at p. 146, note
12; (research done on on 22 February 2018);
DREBROT, Zenon and Kenneth W. (Kenneth William) Watkin,
1954-, "The Operational Lawyer: An Essential Resource for
the Modern Commander", 16 p., available at XHTML Version
and PDF Version
(accessed on 28 February 2015); note 2 indicates that Capt Debrot
is "Captain Drebot is a legal officer currently assigned to the
Directorate of International and Operational Law within the Office
of the Judge Advocate General for the Department of National
Defence and the Canadian Forces";
The Operations Division
To enable and support legal officers in their role as
legal advisers to Commanders and their staffs, the Judge
Advocate General has
formed the Operations Division. Located at National
Defence Headquarters in Ottawa, the Division consists of
the Directorate of
International and Operational Law, the Directorate of
Intelligence and Information Operations, as well as
permanent legal advisers to
the Strategic Joint Staff and the Operational Commands. As
such, the Division not only oversees and supports deployed
legal officers,
but collectively provides first-line legal advice to the
strategic level of the Canadian Forces on matters of
operational law. Figure 2
below illustrates the current organization of the
Operations Division. [p. 9 of the article]
FRANÇAIS :
DEBROT, Zenon and Kenneth W. (Kenneth William) Watkin,
1954-, "L'avocat opérationnel : une ressource essentielle
pour un commndant moderne", 18 p., disponible en Version XHTML et Version PDF
(vérifié le 28 février 2015);
La division des
opérations
Afin d’habiliter les avocats militaires et de les appuyer
dans leur rôle à titre de conseillers juridiques auprès
des commandants et de leur personnel, le jugeavocat général
a créé la division des opérations. Située au
Quartier général de la Défense nationale, à Ottawa, la
division est formée de la direction du droit international
et opérationnel, la direction des opérations du
renseignement et de l’information ainsi que des conseillers
juridiques permanents du commandement de l’état-major
interarmées stratégique et des commandements
opérationnel. À ce titre, la division ne fait pas que
superviser et appuyer les avocats militaires déployés,
elle offre collectivement des avis juridiques de première
ligne au niveau stratégique des Forces canadiennes
sur des questions de droit opérationnel. Le schéma 2
ci-dessous illustre l’organisation actuelle de la division
des opérations.[p. 10 de l'article]
The law of Blockade is derived from customary law that developed during the height of eighteenth and nineteenth century navalwarfare. As a method of warfare that has the goal of crippling an adversary's economy, blockade can devastate not only the military apparatus of a country, but the civilian population as well. In this manner, it is a method of warfare that cannot distinguish in its effects between civilians and military objectives. The existing IHL framework governing blockade does not provide satisfactory protections to the civilian populations of affected states. Starvation, malnutrition and disease are the consequential effects of a lengthy and effective blockade. A new approach to the law of blockade is required, one that will codify contemporary practice and obligate those engaging in blockade operations to ensure that humanitarian relief cannot be denied to affected civilian populations. [Source: AMICUS catalogue, Library and Archives Canada]
Dr Phillip Drew, CD
___________Associate Professor, Australian National University,
web site, available at https://law.anu.edu.au/people/phillip-drew
(accessed 10 May 2017);
Professor Phillip Drew is an Associate
Professor at the Australian National University College of
Law.
Professor Drew was an officer in the Canadian Military for 31
years, serving first as an Intelligence Officer (1983-2002),
then as a legal officer
with Office of the Judge Advocate General (2002-2013). He
served as an intelligence officer during the Gulf War
(1990-91) and as the United
Nations Force Intelligence Officer in Rwanda from July 1994
until February 1995. During his time as Legal Advisor to the
Canadian Pacific
Fleet he served on ships conducting counter-piracy and
counter-drug operations in the Indian Ocean Region.
Professor Drew is a senior consultant for the United Nations
Office on Drugs and Crime (UNODC) where he works with African
governments
to develop and implement counter-piracy and maritime crime
legislation. He is currently the only lawyer in the world who
is certified as a
qualified expert in chemical weapons by the Organization for
the Prohibition of Chemical Weapons (OPCW).
Recognized internationally as a leading authority on the
lawful use of force, he is the co-author of the San Remo
Handbook on Rules of
Engagement, and the Oceans Beyond Piracy Handbook on Use of
Force for Private Security Companies.
Professor Drew completed his JD at Queen’s in 2000, followed
by an LL.M. in 2012. He completed his PhD in Law at the
European
University Viadrina, Frankfurt (Oder) in 2016.
Phillip Drew is currently Associate Professor at
Australian National University College of Law, and since 2013
a Qualified Expert for the
Organization for the Prohibition of Chemical Weapons, and a
Senior Consultant for the United Nations Office on Drugs and
Crime (UNODC).
After a very rewarding thirty-one year career in the Canadian
military, Dr. Drew taught International Humanitarian Law at
the Faculty of Law
at Queen’s University, the Bader International Study Centre in
Herstmonceux (BISC), UK, the International Association of
Professionals in
Humanitarian Assistance and Protection (PHAP), and the
International Institute for Humanitarian Law (IIHL) in San
Remo, Italy. In 2015,
he founded the Specialized Program in International Law and
Politics at BISC and became its first director.
Dr. Drew spent the majority of his military career as an
Intelligence Officer, serving in the first Gulf War (1990-91),
and in Rwanda during
and after the genocide (1994-95). Following the completion of
his law degree at Queen’s in 2000, he joined the Office of the
Judge Advocate
General. There he served in the Directorate of Military
Justice Policy and Research (2002-04); as legal advisor to the
Royal Canadian
Navy’s Pacific Fleet (2004-09); and as the officer in charge
of Legal Education and Training at the Canadian Forces
Military Law Centre.
As the legal advisor to the Pacific Fleet he deployed to the
Indian Ocean/Arabian Sea on board a Canadian warship in
2006-07 where he
provided legal advice for counter-piracy, leadership
interdiction and drug interdiction operations.
Dr. Drew is internationally recognized as a leading authority
on the use of force. As a co-author of the San Remo Rules of
Engagement
Handbook, he teaches Rules of Engagement (ROE) and Use of
Force throughout the world. In 2013, he was invited by NATO to
be an
expert adviser for the development of ROE Training. Following
his appointment at NATO, he was hired by the UNODC to create a
Rules
for the Use of Force (RUF) regime for use by Private Security
Companies (PSC). Teaming up with several of the authors of the
San Remo
Handbook, and consulting with governments and several of the
world’s largest PSCs, he has developed a comprehensive RUF
manual
and associated training materials that are expected to set the
international standard for use of force by private security
companies.
In July 1994, then Captain Drew was deployed to Rwanda with
the advance party of the First Canadian Division Headquarters
and
Signal Regiment. Operating as both the Canadian Contingent and
United Nations Force Intelligence Officer he developed a deep
and
comprehensive understanding of the genocide and its causes.
Tasked with identifying and recording massacre sites, and
collecting witness
testimony, he was the first foreigner to document much of what
had transpired outside of the country’s major population
centres. When
UN War Crimes Investigation teams arrived in Rwanda in
September 1994, Captain Drew was instrumental in providing
them with evidence,
background information, suspect lists, and insight into the
events that had occurred.
On his return to Canada in February 1995, Dr. Drew commenced
what was to become a life-long study of the cultural
underpinnings of
genocide. While a law student he wrote an award-winning paper
on the topic of criminal justice reform in post-genocide
Rwanda. He
regularly lectures on the sociological and historical
underpinnings of genocide.
Dr. Phillip Drew has recently
joined the faculty of Law as our Acting Assistant
Dean, Juris Doctor (JD).
He has been teaching International Humanitarian Law
for the Queen’s Global Law Program since 2012
and is the founding Director of the Queen’s
Specialized Program in International Law and Politics
for
undergrads at the Bader International Study Centre at
Herstmonceux Castle.
Phil served in the Canadian Armed Forces for 31 years
before moving into academia. During the first
half of his military career he was as an Intelligence
Officer – serving in the Middle East during the
first Gulf War, and in Rwanda in 1994-95. He spent the
latter half of his military career as a lawyer in
the Office of the Judge Advocate General.
For the past several years Phil has been teaching
international law at the Australian National
University,
where he is an Associate Professor with the College of
Law.
___________"Command: The International Law Context", lecture,
Canadian Forces College, Toronto, 25 January 2012 with
slides presentation; this title was noted in note 43, p. 21 of
R.S. DUNN, Non-Lethal
Weapons (NLWs): The CF's Approach to Non-Lethal Weapons &
The Strategic Ostrich Effect, Canadian Forces
College, JCSP 38, 7 May 2012; available at http://www.cfc.forces.gc.ca/259/290/298/286/Dunn.pdf
(accessed
on 8 December 2013);
Director Education and Training Development Canadian Forces Military Law Centre August 2009 - May 2013
- Responsible for the design and development of legal
training and education programs for the Canadian Forces.
- Redesigned Canadian Forces Law of Armed Conflict training
program into a progressive four tiered learning spectrum,
making the training operationally relevant to members as
they advance through their careers
- Redesigned and created reference and training materials for
in-class, interactive distance learning applications, and
practical field training.
- Created manual on Naval Operations Law for the Royal
Canadian Navy
- Canadian representative to NATO Working Group for Training
in the Law of Armed Conflict (STANAG 2449)
- Train and assess Canadian Forces Legal Officers in the
subjects of Law of Armed Conflict, Military Law and
Operational Law.
- Designed and developed advanced training program in IHL and
IHRL for the Canadian Forces Command and Staff College.
- Co-author of San Remo Handbook on Rules of Engagement
___________ "Legal Obligations Affecting the Use of Force",
lecture, Canadian Forces College, Toronto, 25 January 2012
with slides presentation; this title was noted in note 42, p. 21
of R.S. DUNN, Non-Lethal
Weapons (NLWs): The CF's Approach to Non-Lethal Weapons &
The Strategic Ostrich Effect, Canadian Forces
College, JCSP 38, 7 May 2012; available at http://www.cfc.forces.gc.ca/259/290/298/286/Dunn.pdf
(accessed
on 8 December 2013);
From the left, Phillip Drew, Ken Watkin and Noah Weisbord 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 Phillip Drew, see Graham, Lisa, "Queen's experts
give legal perspectives on killing of General Soleimani", Queen's
Law Reports OnLine, February 2020, at p. 24,
available at https://issuu.com/queensulaw/docs/qlr_online_february_2020_flipbook,
accessed 13 July 2020;
----- Image
source: speakerpedia.com/speakers/cordula-droege, accessed 4 April
2017
Cordula Droege
DROEGE, Cordula, "An ICRC Perspective" in Proceedings of the
Bruges Colloquium--Transfers of Persons in Situations of Armed
Conflict 9th Bruges Colloquium 16-17 October 2008, College
of Europe, CICR, (Autumn 2009) 39 Collegium 54-66;
available at https://www.coleurope.eu/content/publications/pdf/Collegium39.pdf
(accessed 4 April 2017);
"Le droit de critiquer les gouvernements et les parlements au
Canada. Texte de l'arrêté en conseil adopté par Ottawa,
modifiant les Règlements concernant la défense du Canada. Le
défendeur pourra se disculper en prouvant sa bonne foi", Le
devoir, 22 janvier 1940, disponible à https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5459125
(consulté le 23 septembre 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
DRURY, Charles Mills ("Bud"), image source: en.wikipedia.org/wiki/Charles_Drury,
accessed 29 August 2020
DRURY, "Bud", 1912-1991, as deputy-minister of National
Defence testified at PARLIAMENT, House of Commons, Special Committee
on Bill No. 133An Act Respecting National Defence,
Minutes of Proceedings and Evidence: Special Committee on Bill
No. 133 on Act Respecting National Defence, Ottawa: Edmond
Cloiutier, King's Printer, 1950; eight numbers, No. 1 dated 23 May
1950 to No. 8 dated 6 June 1950, 360 p.; NOW
AVAILABLE at http://parl.canadiana.ca/view/oop.com_HOC_2102_3_1/1?r=0&s=1,
accessed on 24 August 2020; for Mr. Drury, see numbers 1 and 2;
/
/Image source: theglobeandmail.com/arts/music/article-meet-the-day-tripping-dad-behind-the-legendary-amos-bootleg-tape-of/,
George
Drynan
accessed 26 October 2018 (detail)
DRYNAN, George K., Captain, military lawyer with No. 1 Cdn War
Crimes Investigation Unit:
- Record of Proceedings of the Trial By
Canadian Military Court of Wilhem Jung and Johan
George Schumacher, held at Aurich, Germany, 15-25
March 1946; available at https://search.archives.un.org/unwcc-canadian-trials-trial-of-wilhem-jung-and-johann-george-schumacher-transcript-of-proceedings
(accessed 25 October 2018); Wing Commander Durdin was the prosecutor
with S/L Beck, J.S.H. of Toronto, and Capt Drynan, George K. of Moose Jaw
Sakatchewan; S/L Collins, V.B. (Vic or Victor
B.) of Dunnville, Ontario, was defence counsel for Jung and
S/L Hollies, J.H. of Souris, Manitoba, was defence
counsel for Schumacher; the Judge Advocate was Wing
Commander A.A. Cattanach;
Ivan Grose, M.P.
- comments on George K. Drynan in the House of Commons
by Ivan Grose, Liberal, Oshawa, 28 September 2000:
...George K. Drynan, Q.C. George was an officer in the
Canadian army and was wounded in Italy. Being a lawyer
he was involved in the war crimes trial of Kurt Meyer, a
German Panzer officer who ordered the execution of
Canadian
prisoners of war in Normandy. My fondest memory of George was to see him
walking in downtown Oshawa, cane in hand.
Incidentally, the cane was more an exclamation point
than an assistance to walking. George
was always definite about
everything. We knew where he stood and damn the
torpedoes. He called me regularly with advice I was to
convey to the
Prime Minister, Minister of Finance and Minister of
Justice. I passed on to these ministers a great deal of
what George
said and, amazingly, some of it bore fruit. “Goodbye
good friend. I am sure you will, wherever you go, find
some Tories
or Socialists to argue with. See ya round”.
[Source: https://openparliament.ca/politicians/4671/?page=3,
accessed 26 October 2018]
- est le juge-avocat dans la cour martiale
décrite dans l'article: "Le lieutenant G. Fontaine en Cour
martiale", Le devoir, Montréal, 5 mars 1945 à la p.
2, disponible à http://collections.banq.qc.ca/ark:/52327/2779781
(consulté le 7 mars 2019):
Note: le major J.-A.-G. Dubeau est décrit comme
"assesseur" mais le terme devrait être juge-avocat.
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
- voir l'article avec photo (un peu trop foncé)
"Cour martiale",L'étoile du Nord,
Joliette, jeudi le 6 juillet 1944,
disponible au permalien http://collections.banq.qc.ca/ark:/52327/2488034,
site consulté le 23 février 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
Source: (2003) 1 JAG Newsletter--Les actualités at p. 9
Shai Dubey, source: ca.linkedin.
Commissioning Officer's Scroll to Capt Dubey,
com/in/shai-dubey-b0233b24,
Lt(N) d'Amulira, Capt
Curtiss
accessed 7 October 2017
DUBEY, Shai, Legal Officer, Judge Advocate General, Canadian Armed
Forces Reserve, 2000-2010, see https://smith.queensu.ca/faculty_and_research/faculty_list/CVs/dubey-shai.pdf
(accessed 7 October 2017);
Source de l'image: mqup.ca/concept-de-libert---au-canada----l-----poque-des-r--volutions-atlantiques--1776-1838---le-products-9780773536241.php,
consulté le 7 janvier 2019
From the left: LCol A. Dufour, LCdr M. Geiger-Wolf,
Roma Stevenson, Maj. Powers, Joy Beghin, and Thea Haut (source of
image: (July-Oct 2000) 3 JAG Newsletter--Bulletin
d'actualités at p. 7)
DUFOUR, A., "PRECIS : Federal elections: a distinct procedure for
Canadian Forces electors" (January/Janvier 2001) Sword& Scale -- Salut militaire 5; disponible http://web.archive.org/web/20030519205047/abc.cba.org/Sections/military_F/sword+01-01.pdf
(site visité le 18 avril 2012);
__________note de recherche: Me André Dufour, membre du Barreau du
Québec depuis 1979 travaille au Cabinet du juge militaire en chef
(renseignements en date du 11 septembre 2018);
___________photo de André Dufour, 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);
___________sur André Dufour, voir l'article de Tremblay, Roger,
"Avocat en Bosnie. André Dufour occupe un poste important", Progrès-dimanche,
générale, 19 août 2001, à la p. A45; publication disponible sur le
réseau électronique EUREKA de la Bibliothèque publique d'Ottawa;
___________testimony of André Dufour,
Director, Law Military Personnel, Office of the Judge Advocate
General, on Bill C-15,An Act to amend
the National Defence Act and to make consequential
amendments to other Acts -- this Bill has the Short Title:Strengthening
Military Justice in the Defence of Canada Act,
- before the
House of Commons Standing Committee on National
Defence, meeting number 66, 13
February 2013, minutes and evidence;
Note: present at the
Committee but did not testify; -
before the House of Commons Standing
Committee on National Defence,
meeting number 67, 25
February 2013, minutes
and evidence; Note:
present at the Committee but did not
testify;
- before
the House
of Commons Standing
Committee on
National Defence, meeting
number 68, 27 February 2013,
minutes and
evidence;
-
before
the House of Commons Standing
Committee on
National
Defence, meeting
number 69,
4 March
2013, minutes
and
evidence;
-------
Jean-Marie
Dugas
Jean-Marie Dugas (left), defence counsel for Capt. Semrau, 2010 (ANDRE FORGET/QMI AGENCY)
Image source:
http://sunmediaphotos.photoshelter.com/image/I0000M5LtgXQuS3M,
accessed 7 October 2015
DUGAS, Jean-Marie, "Le 90ième Cours sur le droit
humanitaire à San Remo, du 10 au 21 septembre 2001", (2003) 1 JAG
Newsletter -- Les actualités 76;
___________sur Dugas, Jean-Marie, maire de Notre-Dame-des-Neiges:
-
Jean-Marie Dugas,
source:
infodimanche.com/actualites/elections-municipales-2017/320955/jean-marie-dugas-candidat-a-la-mairie-de-notre-dame-des-neiges,
consulté 30 octobre 2017
Voir GAUDREAULT, Thomas, "Municipales 2017.
Jean-Marie Dugas annonce sa cadidature à la mairie de
Notre-Dame-des-Neiges", 25 septembre 2017; voir:
cimt.teleinterrives.com/nouvelle-Regional-Jean-Marie-
Dugas_annonce_sa_cadidature_a_la_mairie_de_Notre_Dame_des_Neiges-36479,consulté
le 30 octobre 2017;
Jean-Marie Dugas, un avocat militaire retraité
des Forces canadiennes a déposé sa « déclaration de
candidature » à la mairie de
Notre-Dame-des-Neiges.
[...]
Domicilié dans la municipalité depuis plus de cinq
années, il est impliqué dans les activités principales
qui s’y tiennent.
____________testimony of Jean-Marie Dugas before Parliament:
- Director of Defence Counsel Services, Department of National
Defence, before the Standing Senate Committee on Legal and
Constitutional Affairs on the provisions and operation of An
Act to amend the National Defence Act (court martial) and to
make a consequential amendment to another act (S.C. 2008,
c. 29); Issue 3, 12 March 2009; evidence;
- Former Director, Canadian Forces Defense Lawyers, on
Bill C-15,An
Act to amend the National Defence Act and to make
consequential amendments to other Acts -- this Bill has
the Short Title:Strengthening
Military Justice in the Defence of Canada Act, before
the House of Commons Standing Committee on National Defence,
meeting number 64, 6 February 2013, minutes
and evidence;
DUGGINS, David (David William Andrew), Biographical notes, not
necessarily written by Mr. David Duggins;
Captain David Duggins, C.D.
Directorate of Law/Administrative Law, Canadian Forces
Captain David Duggins joined the Canadian Forces in 1993. He
was an Infantry Officer in the Royal Canadian Regiment until
he released from the
Canadian Forces in 2006 to undertake studies in law. His
service included numerous domestic operations and a
deployment to Bosnia-Herzegovina in
2001. In 2008, he reenrolled in the Canadian Forces as an
Infantry Officer in the Army Reserve, while completing the
last year of his LL.B. In 2012, Captain
Duggins transferred to the Regular Force to become a Legal
Officer with the Office of the Judge Advocate General.
Captain Duggins was a law clerk for the Federal Court and
Court Martial Appeal Court. He subsequently articled with
the Ministry of the Attorney
General of Ontario, Constitutional Law Branch. He was then
employed as litigation counsel with the Department of
Justice, Immigration Law Division,
handling judicial reviews of immigration and citizenship
decisions, and security certificate litigation.
Captain Duggins is currently serving with the Director ate
of Law/Administrative Law advising on grievances at the
Final Authority level, the organization
of the Canadian Forces and providing assistance to
Department of Justice counsel for judicial reviews. Captain
Duggins is a graduate of the Royal Military
College of Canada (B.A. History) and the University of
Manitoba (LL.B.). He is currently pursuing his LL.M. from
the University of Ottawa. He is called to the
Bar of Ontario. (source: http://www.cba.org/cba/cle/pdf/MIL13_Materials.pdf,
accessed on 21 January 2015);
___________Justiciability of Canadian Armed Forces Decisions,
mémoire de maîtrise, LL.M., Université d'Ottawa, titre noté dans
la "Liste des mémoires de maîtrise et thèses de doctorat déposées
en 2014-2015", (automne 2015) 74 La Revue du Barreau 577
(recherche effectuée le 26 mars 2018);
____________lawyer, member of the Law Society of Ontario, member
of the OJAG; at Canadian Forces Base
Kingston (information as of 29 June 2018);
DUGUAY, Marcel, major, Les
Forces
canadiennes et le droit d'association : une réalité
incontournable, MDS Research project / Projet de
recherche de la MED, Collège des Forces canadiennes, 24
avril 2006; disponible à http://www.cfc.forces.gc.ca/259/290/292/286/duguay.pdf
(vérifié le 18 décembre 2011);
La décision d’intervenir
militairement ou non dans un conflit est
certainement l’une
des plus importantes qu’un État puisse
prendre. Ces décisions sont coûteuses
trèsprégnantes tant au plan financier,
politique que social. La recherche exposée
vise à analyser les processus décisionnels
canadiens en matière d’intervention
militaire lors de la guerre du Golfe, la
guerre en Afghanistan ainsi que la guerre en
Irak.
Le Canada est un cas très intéressant à
étudier, car malgré son statut de puissance
moyenne, il a pris part à sept conflits
armés depuis 1867. Cette recherche tentera
donc de déterminer ce qui motive le Canada à
investir des ressources financières
et humaines dans certains conflits, alors
qu’il choisit de ne pas s’impliquer dans
d’autres.
Certaines théories des
relations internationales affirment que la
politique de défense
des États est guidée par le désir de
maximiser leur puissance sur la scène
internationale.
D’autres théories mettent plutôt l’accent
sur les valeurs des États, ou bien sur leur
intégration dans des institutions
internationales. Ces différentes hypothèses
soulèvent
l’importance des facteurs internes et
externes, mais ne permettent pas de savoir
lesquels
priment. Ainsi, grâce à un modèle de prise
de décision réaliste néoclassique,
synthétisant
ces deux types de facteurs, il est possible
de déterminer lesquels des éléments internes
(contraintes de politique interne,
perception des dirigeant s) ou externes
(position relative du
Canada dans le système international)
prédominent lors de la décision d’entrer
ou non en guerre.
DUMONT, Marius, former CWO of the OJAG, 2001-2006, see list
hereunder:
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key and scrolling the wheel of the mouse
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DU MOULIN, R.T., Lieutenant-Colonel, on, see "Heads Artillery", The
Province, Vancouver, Friday, 15 November 1946 at p. 11,
available at https://www.newspapers.com/image/...., accessed 25
June 2020;
DUMOULIN, Jennifer, What’s in an Act? Conduct, Context and
Time: A Framework for Analyzing Direct Participation in
Hostilities, 2014 winner of the Sword and Scale
Essay Prize, 25 p.; notes: J.D. 2015 Candidate, Queen's University,
available at https://www.cba.org/CBA/sections_military/pdf/Military_EssayCompetiton_2014.pdf
(accessed on 17 October 2014);
Source of
image: http://www.mpcc-cppm.gc.ca/01/300/3000/2009/17-eng.aspx,
accessed 3 October 2016
Julianne Dunbar
DUNBAR, Julianne C., General Counsel, and Director of Operations,
Military Police Complaints Commission, testimony
on Bill C-15,An
Act to amend the National Defence Act and to make
consequential amendments to other Acts -- this Bill
has the Short Title:Strengthening
Military Justice in the Defence of Canada Act, before the
Standing Senate Committee on Legal and Constitutional
Affairs, meeting issue 38, 30 May 2013, minutes
and evidence
;
JULIANNEC. DUNBAR isthe General Counsel of
the Military Police Complaints Commission of Canada
(theCommission).
She has been a member of the Commission’s legal team
since2001, first as Legal Counsel, then as the Senior
Counsel in 2006.
In July 2007,she was appointed as the Commission’s General
Counsel. In this capacity, shemanages the Operations Section
which is comprised of lawyers, the Registrystaff,
investigators and support staff. She practices in
administrative,criminal,
military and police ethics law. Ms. Dunbar acted as
CommissionCounsel for the Commission’s first Public Interest
Hearing
and then as GeneralCounsel managed the Commission’s
subsequent high profile public interesthearings: the
Afghanistan
Detainee Public Interest Hearing and the Fynes
PublicInterest Hearing. Before joining the Commission, Ms.
Dunbar, as a
civilian member of the RCMP, served as Legal Counsel in the
capacity of Internal Affairsprosecutor where she prosecuted
numerous police discipline cases. Herprofessional legal
career began as a criminal defence lawyer in the Law Office
of Addelman
& Mannarino of Ottawa. Ms. Dunbar completed her
universitystudies at the University of Ottawa, graduating
with a
accalaureate of Social Sciences with a concentration in
Criminology and a Baccalaureate of Laws. Shearticled with
the Ottawa
criminal defence firm of Addelman, Edelson & Meagher and
was called to the Ontario Bar in 1997. Ms. Dunbar also
served
as amember of the executive of the National Military Law
Section of the Canadian BarAssociation for four years.
From the left, Jerry Pitzul, Gordon Duncan and A.C. Wirth, photo
source: JAG Newsletter, vol. 1, 2006 at p. 11
___________on a court martial involving major Duncan, Gordon, see
Appleby, Timothy, "Puff of dope sparks officer's demotion.
Military policeman appeals loss of rank for not reporting
informant's toke of marihuana", The Globe and Mail, 1
November 1997, at p. A3;
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key and scrolling the wheel of the mouse
allows
to zoom in or out of the web page being viewed
Source: ProQuest Historical
Newspapers,
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview,
accessed 29 September 2018
Gordon Duncan
__________photo of Gordon Duncan, detail, from photo of the 1981
JAG Conference put on flick by Jim Rycroft at https://www.flickr.com/photos/xjag/4528355114/in/album-72157623951146254/
(accessed 27 September 2020); the same photo of the
1981 JAG conference photo, in colour, can also also be found
in McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's
Military Lawyers, Ottawa : Office of the Judge Advocate
General, c2002, at p. 124, available at 103-242;
____________see photo of Major Duncan, member of the OJAG, with
the following flickr photo by Jim Rycroft at https://www.flickr.com/photos/xjag/4567834467/in/album-72157624001614413/
from the left: Maj Arnaud, Maj Lamontagne, Maj Duncan, Mr. J.J.
Surbeck, Maj McCaffrey and Maj Gouin, JAG Law of Armed Conflict
Cornwall 19-23 May 1986;
Image
source: en.wikipedia.org/wiki/Charles_J._Dunlap,_Jr.,
accessed 25 Deceember 2016
Charles J. Dunlap, forner "Deputy Judge Advocate General,
Headquarters U.S. Air Force"
DUNLAP, Charles J., 1950-, "It Ain't No TV Show: JAGs and Modern
Military Operations", (Fall 2003) 4(2) Chicago Journal of
International Law 479-491; available at http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=5200&context=faculty_scholarship
(accessed 10 April 2015);
At the operational and tactical levels, Canadian
legal officers deploy with their forces, usually collocated
with the operational commanders.
During Operation ALLIED FORCE, two Canadian legal officers
deployed to Aviano and Vicenza, Italy. These two
lawyers not only worked
closely with the coalition during the planning phase but
also personally reviewed each target and the actual bombing
run plans for each
mission, requiring them to understand fully F-18 weapon
capabilities. Brigadier General Pitzul [Canadian JAG] relayed that,
thanks to the
close work of the lawyers with the pilots, the pilots'
doubts about the moral and legal justification of their
mission disappeared. The pilots
also showed extreme discipline following the CAOC Special
Instructions ("SPINS"), especially regarding concerns over
human shields, as
a result of this close interaction.
Ashley Dunn
DUNN, Ashley P., a JAG officer, Halifax, Nova Scotia and
Communications officer, Executive Committee, Military Law Section,
The Canadian Bar Association; see http://www.cba.org/Sections/Military-Law/Executive
(accessed 18 February 2018); ashley.dunn@forces.gc.ca
and member of the Nova Scotia Bar since 2009; works at the Office
of The Judge Advocate General (Atlantic Region), 6080 Young
Street, Suite 505, Halifax, NS B3K 5X5, tel.:
902-427-7300 (information as of 2 July 2018);
___________a photo of Major Ashley Dunn, in Italy on a course
with other JAG members (accessed 3 June 2018);
Legal Officers from our regional services
team, Majors Ashley Dunn, Christopher
Nam and Gary Pattison, completed a five-day course on
Detention and Captured
Persons at @IIHL_Sanremo
in Italy this week."
DUNN, Jason, Women in the combat arms: A question of
attitudes?, thesis, Master degree in sociology, 1999,
University Ottawa, director of thesis: Dr. Donna Winslow;
available at https://ruor.uottawa.ca/bitstream/10393/8725/1/MQ45216.PDF
(accessed 18 January 2018);
Examining change in any organization can be a difficult
task, especially in an organization as complex as the
military.
With the assistance of civilianization theory, we will
examine change within the Canadian Forces imposed by
outside
civilian legislation (external pressure). In particular,
we will examine the integration of women in the combat
arms, a
result of federal human rights legislation (1989).
Issues that are discussed include a brief history of
women in combat,
arguments used against the participation of women in
combat environments, the masculine nature of the
military, and
the training standards and physical requirements within
the Canadian Forces.
DUNN, R.S., Non-Lethal Weapons
(NLWs): The CF's Approach to Non-Lethal Weapons & The
Strategic Ostrich Effect, Canadian Forces College,
JCSP 38, 7 May 2012; available at http://www.cfc.forces.gc.ca/259/290/298/286/Dunn.pdf
(accessed
on 8 December 2013);
Permit me to take a different position on the Supreme
Court’s Stillman decision on 26 July —
a disappointing day for the state of human rights and
freedoms in Canada. It is my belief that
the Canadian Charter of Rights and Freedoms must be a
tide that lifts all boats equally. I fail
to understand why it is acceptable for Canada’s
service personnel to be denied access to the
rights and freedoms afforded to all other residents of
Canada (even illegal residents) when our
military personnel are responsible to defend these
same values, even with their lives (unlimited
liability).
Canada’s Code of Service Discipline does not mandate a
“justice” system, but a disciplinary system.
Where the civilian criminal court has a 12-member jury
that is drawn from across the length and
breadth of the civilian community, the court martial
has a five-member panel that is drawn from
the military community, whose members share the same
indoctrination, socialization, military
experience and warrior ethic, and judges that are
drawn from the ranks of the JAG organization.
In all other areas of the military domain these may be
positive attributes, but in a military tribunal
that is presumed to administer justice there is too
great a possibility that service cohesion may
unfairly tip the scales in favour of the
prosecution. There is a growing number of
nations which
have abandoned military disciplinary tribunals. I
regret that Canada is not one of them.
As well, Mr. Sajjan needs to hit the reset button
on the domestic practice of Canadian military justice.
The Canadian Forces Military Police (MPs) should be
replaced by the RCMP. The original intent for the MPs was
for wartime control of vehicular traffic in the battle
area and custody of prisoners of war. Converting the MP
branch
to a peacetime reserve organization and replacing them
with the RCMP could result in annual savings for DND of
tens
of millions of dollars.
The Judge Advocate General must entrench the right of
the presumption of innocence, guaranteed under the
Canadian
Charter of Rights and Freedoms and the Criminal Code of
Canada, for all who are investigated but not charged. And
criminal behaviour by military members should be referred
to Crown prosecution services within the provinces where
the offences were committed. The Code of Service
Discipline should be invoked only on international
deployments where
status-of-forces agreements are in play.
___________"JAG v. Minister of
Justice: Who comes first in parliamentary accountability?", The
Lawyer's Daily, 7 July 2017; available at https://www.thelawyersdaily.ca/articles/4049
(accessed 8 July 2017);
Given that the NDA is an act of the Parliament of
Canada it should fall within the jurisdiction of the
minister of Justice. While Minister Jody
Wilson-Raybould and her predecessors may have passed (or
contracted out) responsibility for the administration and
application of the NDA
to the minister of National Defence, on whose authority the
JAG applies the various provisions of the NDA, she is
indisputably the ultimate
authority for the appropriate application of the provisions
of the NDA.
I submit that the various documents and commentaries in
which the JAG asserts that he is responsible for the
superintendence of military law
in Canada are factually and legally incorrect.
Wilson-Raybould may delegate responsibility for the
application of the National Defence Act
but under the Department of Justice Act, she has
“superintendence” of the NDA and, therefore, is accountable
for all aspects of the NDA.
I am not aware of any measure of the federal government in
which a minister can surrender or divest herself or himself
of legal accountability
arising from an act of Parliament.
__________"Military withdraws sex assault charges, including one
against senior officer, because of court ruling [CMAC of
Beaudry]. That ruling has shaken the military justice
system, which has now gone to the Supreme Court to resolve the
issue", Daily Herald Tribune, 12 November 2018;
Recently retired from the position of Military
Affairs Advisor with the NS Department of Intergovernmental
Affairs, Tim is a retired Cdn
military PA officer with 37 years of service. His experience
includes peacekeeping missions in Israel, Egypt, Syria and
the Balkans. He
served with NATO’s peace support missions in Bosnia
Herzegovina, the former Yugoslav Republic of Macedonia
(FYROM), Albania
and Kosovo. He has conducted seminars worldwide, and held
numerous public affairs management and leadership positions,
most notably
with the Media Centre for the recovery operations for
Swissair flight 111, and with NATO-led exercises in France,
Hungary, Romania
and Bulgaria. In 2001, Bulgaria awarded him the Medal for
Loyal Service, its highest military award, for his work
during a major NATO
exercise that paved the way for Bulgaria to join the
Alliance.
On 21 September 2017, Canadian Senator Colin
Kenny asked the Senate's Government Leader a
question about Canadian military summary trials:
....
Hon. Colin Kenny: Thank you, Your Honour. Honourable
senators, I have a question for the Leader of the Government
in the Senate.
My
question is about the Canadian military summary trial
process and the denial of Charter rights to members of the
Canadian Armed Forces.
DUNSMORE, C.R., Captain, from Edmonton had been with the army JAG
branch overseas for two years at the time this article was
published: "Calgary Flier Home After Years Overseas", The
Calgary Herald, Monday, 22 June 1942 at p. 10, available at
https://www.newspapers.com/...., accessed 19 May 2020; the article
is not about Dunsmore who is referred to as a relative;
Photo dans (2007) 1 JAG Les actualités -- Newsletter à la
p. 42
___________sur D'Urbano, Laura, voir l'article par Desbiens, "La
pratique du droit en théâtre opérationnel: Avocat militaire en
Afghanistan" (Mars 2007) 39 Journal
du Barreau aux pp. 8 et 32; disponible à www.barreau.qc.ca/pdf/journal/vol39/200703_01.pdf;
interview
avec le capitaine de corvette Mario Denis
Pauillé et le major Laura D'Urbano; aussi publié dans:
(2007) 1 JAG Les actualités -- Newsletter 42-43;
Image
source for photo: The Globe and Mail, 18 February 1946 at
p. 3
DURDIN, Oliver "Pat" (Oliver William), Squadron Leader, of
London, Ontario, prosecutor at the RCAF war crimes trials in
Germany; see
- Canadian Press, "Canadian Points Out German Who
Shot Him", The Globe and Mail, 16 March 1946, 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: ProQuest Historical
Newspapers,
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview,
accessed 24 October 2018
- Canadian Press, "Trials of Germans in RCAF Deaths to Open
in Germany", The Globe and Mail, 14 March 1946, at
p. 2;
- George Anderson, "The Shooting of Rudy Roman -- A German
corporal is convicted by the War Crimes Tribunal", available
at bombercommandmuseum.ca/s,rudyroman.html
(accessed 24 October 2018);
- Record of Proceedings of the Trial By Canadian
Military Court of Wilhem Jung and Johan George
Schumacher, held at Aurich, Germany, 15-25 March
1946; available at https://search.archives.un.org/unwcc-canadian-trials-trial-of-wilhem-jung-and-johann-george-schumacher-transcript-of-proceedings
(accessed 25 October 2018); Wing
Commander Durdin was the prosecutor with S/L
Beck, J.S.H. of Toronto, and Capt Drynan, George K. of
Moose Jaw Sakatchewan; S/L Collins, V.B. (Vic or Victor B.)
of Dunnville, Ontario, was defence counsel for Jung and S/L
Hollies, J.H. of Souris, Manitoba, was defence counsel
for Schumacher; the Judge Advocate was Wing Commander A.A.
Cattanach;
image
source: bdcounsel.ca/services/our-lawyers/bill-dushenski/, accessed
21 August 2017
William Dushenski
DUSHENSKI, William, former JAG officer (reserve);
Mr. Dushenski is a retired Captain in the Canadian
Forces Reserve, Judge Advocate General
where he conducted Courts Martial and summary
investigations. Focused on his community,
he also participated in the Big Brothers School mentor
program. Mr. Dushenski was admitted
to the Alberta Bar in 1977.
780.425.7229
bdushenski@bdcounsel.ca
[Source of information:
bdcounsel.ca/services/our-lawyers/bill-dushenski/,
accessed 21 August 2017]
Kristian Dusseault
DUSSEAULT, Kristian D. (KD), officer, avocat avec le Bureau du
Juge-avocat général; voir: https://ca.linkedin.com/in/kristian-dusseault-96b2983a,
visité (18 août 2017); represented the Director of Military
Prosecutions as co-counsel in R. v., 2018 CM 2021 (CanLII), <http://canlii.ca/t/htpq9>;
___________photo of Dusseault, Kristian, Major, operation IMPACT,
source of photo: https://twitter.com/art_linton, Office of the JAG@JAGCAF· accessed
3 July 2020;
--------
"Le juge militaire en chef Mario Dutil (à droite) alors
qu’il
Mario Dutil
discutait avec Me Michel Drapeau ( à gauche) lors du
lancement
thelawyersdaily.ca/articles/5770/chief-military-judge-dutil-facing-new-allegations-
du livre « Military Justice In Action » en février 2015.
(Facebook)"
Source de l'image: 45enord.ca/2018/01/juge-chef-militaire-mario-dutil-retrouve-cour-banc-accuse/
DUTIL, Mario, 1960-, Chief
military Judge, Mario Dutil, accused ---BREAKING NEWS--25
January 2018:
Colonel Mario Dutil was originally charged under
the National Defence Act by the Canadian
Forces National Investigation Service on January 25,
2018 with one count each of an act of a fraudulent
nature, willfully making a false entry in a document
signed by him that was required for an official
purpose, and conduct to the prejudice of good order
and discipline.
In February 2018, the Director of Military
Prosecutions appointed Lieutenant-Colonel Mark
Poland as a Special Prosecutor to carry out military
prosecution duties in relation to the charges laid
against Colonel Dutil.
In June 2018, the Special Prosecutor advanced
additional charges against Colonel Mario Dutil. The
Special Prosecutor referred eight charges for court
martial to the office of the Court Martial
Administrator.
The Deputy Chief Military Judge was in receipt of
the charges in August 2018; he assigned himself as
sitting judge in January 2019 and set the matter for
a June 2019 trial.
On 10 June 2019, Colonel Dutil appeared before the
court martial. Of the 8 charges he was facing, 4
were withdrawn by the prosecutor.
On 17 June 2019, the assigned military judge,
Deputy Chief Military Judge, Lieutenant-Colonel
Louis Vincent d’Auteuil, recused himself and refused
to assign an alternate military judge.
Upon the adjournment of the court martial, the
Director of Military Prosecutions applied to the
Federal Court for judicial review of the
non-assignment decision of the Deputy Chief Military
Judge.
On 3 March 2020, the Federal Court found that the
Deputy Chief Military Judge’s decision not to assign
one of the three available military judges to
preside at Colonel Dutil’s court
martial was reasonable
and refused the remedies sought by the
Director of Military Prosecutions.
The Honourable Luc Martineau who rendered the decision.
Source of image: fct-cf.gc.ca/en/pages/about-the-court/members-of-the-court/judges/the-honourable-luc-martineau,
accessed 5 March 2020.
- Decision of the Federal Court in Canada (Director
of Military Prosecutions) v. Canada (Office of the
Chief Military Judge), 2020 FC 330 (CanLII), <http://canlii.ca/t/j5p93>,
re court martial of Colonel Mario Dutil, Chief military Judge
and decision of LCol. Louis-Vincent D'Auteuil at his court
martial;
That decision, as well as the fact the case has dragged
on for over two years
and the fact that Col. Dutil is a few days from
mandatory retirement at age 60,
convinced the director of military prosecutions to drop
the charges.
“These are extraordinary and very rare circumstances.
Because of the smallness
of the (military justice) unit, I can’t see these types
of circumstances ever arising
anytime soon,” MacGregor [the director of military
prosecutions] told the National Post.
He said he did not think the case will undermine
Canadians’ and military personnel’s
confidence in the military justice system.
“It was unfortunate for the system and for the accused
to not have his day in court.
But I do not think my decision today, or anyone else’s,
really does say that anybody
is above the law. This is just rare circumstances that
led to the decision not to proceed
with the charges.”
Image
source: http://www.cba.org/CBA/Judges_Forum/pdf/voxjune2003.pdf,
accessed 31 October 2015
"Military judges: Lieutenant Colonel Alain Ménard (now retired)(back
row),
and left to right, front row, Commander Jim Price, Lieutenant
Colonel Mario Dutil, Colonel Kim Carter."
___________ Les forces armées canadiennes et
l'assujettissement à l'obligation d'agir équitablement: examen
de certaines instances administratives, thèse de maîtrise
pour le grade LL.M., Université d'Ottawa, 1994, ix, 263 p.; copie
à l'Université d'Ottawa, KE 6848 .D87 1994a; Note de
recherche par François Lareau: M. Dutil m'a informé le 19
mars 1996 que sa thèse traitait du devoir d'agir équitablement et
de son application dans trois domaines: le Conseil de revue de
carrière médicale, la Commission canadienne des pensions et le
redressement de griefs; Research Note by François Lareau:
Mr. Dutil informed me on 19 March 1996 that his thesis deals with
the review of the law on the duty to act fairly and how it applied
to three areas: Career Medical Review Board, Canadian Pension
Commission and the redress of grievance system (before 1994);
disponible à https://web5.uottawa.ca/xmlui/handle/10393/10046
(vérifié le 17 avril 2009);
[Sommaire]
"L’un des domaines privilégiés par les tribunaux au cours des
dernières années est celui qui s’attarde à définir l’étendue du
droit d’un individu à être traité
équitablement par un organisme administratif. Cette notion
d’équité procédurale, dont la source primaire remonte aux règles
de justice naturelle, se précise
peu à peu, mais la jurisprudence tient toutefois à ce que les
modalités d’application de ladite notion s’adaptent aux
circonstances de l’espèce. Les personnes
qui component les Forces canadiennes sont soumises, comme tout
citoyen canadien, aux lois en vigueur au Canada, mais elles sont
également passibles d’être
ugées et punies devant les tribunaux militaires. Le monde
militaire est, en quelque sorte, distinct. Une carrière militaire
implique certaines obligations
spécifiques dont celle de l’obligation de servir. Les Forces
canadiennes ont recours à de nombreuses instance administratives
internes pour assurer la gestion
de leur personnel et le maintien d’une force armée disciplinée et
opérationnelle. Nonobstant certaines caractéristiques propres, les
Forces canadiennes sont
assujetties aux règles de justice naturelle, mais ses instances
administratives sont-elles rejointes par l’évolution du
contentieux administratif, soit l’émergence
d’une obligation d’équité? Cette question est très importante pour
les gestionnaires des Forces canadiennes, mais elle l’est
davantage pour les milliers de
personnes qui les composent. Pour y répondre, nous proposons
effectuer une revue des principes de l’obligation d’agir
équitablement et d’appliquer lesdits
principes à certaines instances administratives des Forces
canadiennes que nous avons préalablement identifiées : le Conseil
médical de révision des carrières,
le Conseil des pensions militaires et le mécanisme interne de
redressement de grief. – p. i-ii"
(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 2012);
Lieutenant-Colonel Mario Dutil, CD, LL.B, LL.M, originally of Quebec City and currently residing in Aylmer, Quebec is appointed as a military judge under the National Defence Act. Lieutenant-Colonel Dutil is a graduate of Université Laval Law School and he was called to the Quebec Bar in 1983. Lieutenant-Colonel Dutil joined the Canadian Forces as a legal officer in the Office of the Judge Advocate General in March 1984 and has been employed as a Deputy Judge Advocate in both Europe and Valcartier Quebec. He has also worked as a member of the defence team appearing as defence counsel before courts martial. In 1994, Lieutenant-Colonel Dutil obtained a Master of Law degree from the University of Ottawa after which he filled the position of Director of Law Military Personnel. In July of 1997 Lieutenant-Colonel Dutil was assigned as a senior counsel to the National Defence Act Amendment Team where he participated in the development, drafting and implementation of amendments to the National Defence Act and accompanying regulations. Lieutenant-Colonel Dutil has acted as appellate counsel before the Court Martial Appeal Court throughout his career and at the time of his appointment was holding the position of Deputy Director of Military Prosecutions.
Image
source: mdlo.ca/wp-content/uploads/2016/01/2015-Conference-Proceedings.pdf
Mario Dutil
___________Notes on Mario Dutil, taken from Michel
Drapeau Law Office, ed., Winds of
Change: Conference and Debate on Canadian
Military Law, [Ottawa:] Michel Drapeau
Law Office, 2006, 102 p., at p. 96.
NOTES: Conference held at the University of
Ottawa, 13 November 2015; "For the first
time an international academic conference on
military law was held in Canada at the
University of Ottawa with the focus on
reform and comparative law" (Gilles
Létourneau, Preface, p. 7);
"(Organizing Committee for the Conference:
Michel W. Drapeau, Joshua M. Juneau, Walter
Semianiw and Sylvie Corbin)"; available
at mdlo.ca/wp-content/uploads/2016/01/2015-Conference-Proceedings.pdf
(accessed 20 January
2016);
Colonel Dutil joined the
Canadian Forces as a legal officer in the Office of the
Judge Advocate General in March 1984 and has been employed
in various positions throughout his
military career including as a Deputy Judge Advocate in both
Europe and Valcartier, Quebec. He further held positions at
the director level within the Office of the Judge Advocate
General and the Office of the Department of National
Defence/Canadian Forces Legal Advisor.
In 1997 Colonel Dutil was assigned as a senior counsel
to the National Defence Act Amendment Team where he
participated in the development, drafting and implementation
of
amendments to the National Defence Act and accompanying
regulations. As a legal officer, Colonel Dutil has also
acted as prosecutor and defence counsel before courts
martial
and appeared as counsel before the Court Martial Appeal
Court. The Governor in Council appointed him a military
judge in January 2001.
The Governor in Council has designated Colonel Mario Dutil
the Chief Military Judge on 2 June 2006.
"Colonel Mario Dutil returns to the courtroom after a break
during his court martial at the Asticou Centre in Gatineau,
Que.,
Monday, June 10, 2019. (THE CANADIAN PRESS/Justin Tang)"
___________on DUTIL, Mario, Colonel, Chief military Judge, "Court
martial begins for military's top judge", CTV News, 10 June 2019,
available at https://www.ctvnews.ca/canada/court-martial-begins-for-military-s-top-judge-1.4460001
(accessed 10 June 2019);
___________on DUTIL, Mario, Colonel, see Berthiaume, Lee, "Court
martial turns surreal as Canada’s top military judge testifies about
his deputy — the presiding judge. Col. Mario Dutil is
facing eight charges, including two of fraud and four of violating
the military's code of conduct", National Post, 11 June 2019,
available at https://nationalpost.com/news/canada/chief-military-judge-testifying-in-own-court-martial
(accessed 12 June 2019);
___________on DUTIL, Mario, Colonel, see COUR FÉDÉRALE, Le Directeur
des poursuites militaires, Demandeur, et le Juge militaire en chef
adjoint, Defendeur, Avis de demande, No. T-1151-19, 16 juillet 2019;
disponible à http://www.lareau-legal.ca/Dutil26July2019.pdf
(consulté le 26 juillet 2019); demande de certiorari et de mandamus
concernant la décision du juge D'Auteuil et son jugement dans
l'arrêt de la cour martiale du juge en chef Mario Dutil;
Après avoir examiné la question, le juge d’Auteuil s’est
rendu aux arguments de l’avocat.
Il a aussi dit que les trois autres juges ne pouvaient pas
eux non plus traiter l’affaire pour des
raisons similaires.
Le major Doug Keirstead, un porte-parole des Forces
armées canadiennes, a annoncé jeudi que
le gouvernement demandera à la Cour fédérale d’annuler
cette décision.
Selon les avocats du gouvernement fédéral, le juge
d’Auteuil a eu tort de conclure qu’aucun de
ses confrères ne pourrait se saisir de cette cause. De
toute façon, plaident-ils, la doctrine juridique
de la nécessité exige de lui qu’il choisisse le meilleur
juge possible.
The presiding judge breathlessly declared Tuesday
after hearing testimony that he should
recuse himself that “it has been shown that a well-informed
person who studied the question
in-depth, in a realistic and practical way, would conclude
that because of the existing links
between certain court stenographers and myself, I would be
biased.
I would put it more simply by saying anyone with grade 12
law would see this as a
ginormous conflict of interest resulting in a kangaroo
court.
___________on DUTIL, Mario, Major, see McDONALD, R. Arthur, (Ronald
Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office
of the Judge Advocate General, c2002, x, at p. 138 (Mohaws' crisis,
1990), available at 103-242
(accessed 1 October 2018);
The application says d’Auteuil was wrong to
conclude that none of the other judges
could take the case over, and in any event the legal
doctrine of necessity demands
that d’Auteuil pick the best one available no matter what.
Face à une situation sans précédent, le juge
militaire en chef adjoint, le lieutenant-colonel
d’Auteuil, décidera aujourd’hui s’il continue de présider le
procès contre le colonel Mario
Dutil, son supérieur hiérarchique et juge militaire en chef
des Forces canadiennes.
President of the Dutil's
Standing Court Martial, Deputy
Chief Military Judge Louis-Vincent d’Auteuil,
The unprecedented court martial of Canada’s top
military judge collapsed on its
fourth day, after the presiding judge, Deputy Chief Military
Judge Louis-Vincent
d’Auteuil, recused himself and stated that the other three
military judges currently
on the bench also won’t be able to preside over the case.
Drapeau, a retired colonel, suggested the military
justice system is at a critical
crossroads.
“It now suffers from a most serious loss of prestige and
confidence by both
the Canadian public and members of the military — major
structural changes
are required,” he opined. “First of all, as is the case in
the United Kingdom,
court martial judges should no longer be serving military
officers. This would
enhance their independence and autonomy from the military
chain of command.
As civilian judges they would also be ... subject to the
oversight of the [federal]
judicial council.”
Drapeau also opined that the next Director of Military
Prosecutions should be
drawn from the civilian bar. “Such a change would lessen the
difference that
now exists in the criminal prosecution philosophy between
the military and civilian
justice system,” he suggested.
____________on DUTIL, Mario, Colonel, see Schmitz, Cristin,
"Prosecutor withdraws 4 of 8 charges against top military judge;
defence seeks judge’s recusal at court martial", The
Lawyer's Daily, 12 June 2019, available at https://www.thelawyersdaily.ca/articles/12967
(accessed 12 June 2019);
__________on DUTIL, Mario, see You Tube, "Revue du 23 juin 2019 de
45eNord.ca", à 1:35-2:00 minutes, https://www.youtube.com/watch?v=s4AgobCvIYI
(site consulté le 11 mars 2020);
___________sur Dutil, Mario, Colonel, voir la "Décision sur la
demande en récusation formulée par l'accusé [le juge en chef, le
colonel Mario Dutil] à l'égard du juge militaire [le
lieutenant-colonel Louis Vincent D'Auteuil] président la cour
martiale", disponible à M. Dutil (Colonel ), R. c., 2019 CM 3003
(CanLII), <http://canlii.ca/t/j120t>
(consulté le 20 juin 2019);
--------------
Jean-François
Lisée
Robert Dutrisac
site image: ledevoir.com/politique/quebec/366203/la-double-remuneration-du
site image:
http://www.ledevoir.com/politique/quebec/495174/le-tripoteur
-ministre-lisee-plonge-le-pq-dans-l-embarras
DUTRISAC, Robert, "Un dollar québécois et une armée pacifique pour
un Québec indépendant. Lisée dévoile quatre propositions
contenues dans son livre à paraître le 31 octobre", Le
Devoir, 25 octobre 2014, disponible à http://www.ledevoir.com/politique/quebec/422118/un-dollar-quebecois-et-une-armee-pacifique-pour-un-quebec-independant
(vérifié le 30 avril 2017);
Des forces armées d’un Québec indépendant, il en a
été question dans le passé, mais Jean-François Lisée en
précise le rôle et la composition.
Une garde nationale de 2000 à 3000 personnes serait créée et
assurerait, notamment, la surveillance du territoire et
assumerait les engagements
du Québec envers l’OTAN et le NORAD. À cette garde nationale
s’ajouterait une force de Casques bleus de 2000 personnes
qui participeraient
à des opérations de maintien de la paix de l’ONU. Enfin, un
contingent de 2000 personnes — des Casques blancs — se
consacrerait à l’aide
humanitaire. Aux fins de comparaison, les effectifs de la
force régulière du Canada s’élèvent à 68 000 personnes.
Selon Jean-François Lisée, cette armée, qui ne participerait
à aucune opération guerrière, représente le «consensus
québécois» duquel le Canada
sous Stephen Harper s’est éloigné. Le Québec agirait à titre
de médiateur sur la scène mondiale. «C’est
ça notre créneau, n’étant pas une puissance
coloniale ou impérialiste»,
a-t-il avancé.
[Biography]
]Charlotte is the Ottawa Operations Manager and a Fellow at
the Canadian Global Affairs Institute.
She completed a Master in Military History at Queen’s
University, during which she started
researching on the toxic culture of leadership in the
Canadian Armed Forces during the 1990s
and its impact on gender integration, which had started in
1989. She continues to study leadership
and culture change issues in the military in her free time.
She obtained her BA in History and
Political Science at McGill University in 2017. During her
graduate studies, Charlotte served
as the Assistant to the Executive Director of Women In
International Security-Canada for the
fiscal year 2018-2019. She has also worked as a research
assistant and translator on projects
about gender mainstreaming and integration in NATO Armed
Forces, and on the gendered
dimension of veteran transition at Queen's University Center
for International and Defence
Policy (CIDP).
[source: gai.ca/charlotte_duval_lantoine,
accessed 11 september 2021]
DWYER, G., Major, from C.I.C., Assistant Judge Advocate-General, in
military district number 6 with Headquarters in Halifax in 1946, see
The Quarterly Army List, April 1946, Part I, London: His
Majesty's Stationery Office, 1946 at p. 182 (bottom page number) or
p. 180 (top page number), available at https://deriv.nls.uk/dcn23/8964/89641296.23.pdf
(accessed 21 March 2019);
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Evans Dyer, the author
DYER, Evans, "Does the law prevent Canada from killing its
'terrorist travellers'? Drawing up a death-list of Canadian
ISIS fighters could violate the Charter, law expert says" CBC News
--Politics, 4 December 2017, available at http://www.cbc.ca/news/politics/killing-canadian-jihadis-death-squads-1.4429137
(accessed 5 December 2017);
"Canada does not engage in death squads," Public
Safety Minister Ralph Goodale told CBC News
Network's Power & Politics recently. Byrne
Furlong of Defence Minister Harjit Sajjan's office clarified:
"Enemy combatants are treated in accordance with the Law of
Armed Conflict. This is regardless of
their country of origin. No directive to eliminate foreign
fighters has been given to Canadian Armed
Forces personnel."
DYER, Laura Nicole, Victor’s Justice, Victim’s Justice: The Role
of ‘Class A’ War Crimes in Shaping the Legacy of the Tokyo
Tribunal, a thesis submitted to the Graduate Program in
History in conformity with the requirements for the Degree of Master
of Arts, University Kingston, September 2018, v, 120 p.; available
at qspace.library.queensu.ca/bitstream/handle/1974/24921/Dyer_Laura_N_201809_MA.pdf?sequence=3&isAllowed=y
(accessed 30 October 2019);
The Class A component of the International
Military Proceedings for the Far East (IMTFE), also known as
the Tokyo Trial, has had a central—and at times
overbearing—presence within the legacy of the tribunal.
Documents from the very beginning of the legal proceedings
have established a clear prioritization by
the Allied forces to target the ‘arch criminals’ accused of
committing the newly coined charges of ‘crimes
against peace’. Important historical figures involved in the
trial, as well as subsequent historians and
legal scholars, have continued to problematize and attack
the trials for this focus. This criticism, while at
times legitimate, has helped solidify the legacy of the
Tokyo Trial as ‘victor’s justice’. Due to this focus,
usually at best the Tokyo Trial is dismissed or devalued; at
worst it has become a tool of Japanese war
crimes apologists and deniers. The legal emphasis on Class A
war crimes did have significant flaws and
weaknesses which are important to highlight. However,
historical analysis has become stuck in a ‘victor’s
justice’ time loop, limiting the historical scope of the
Tokyo Trials for too long. There is an urgent need to
move beyond this concept within the scholarship of the
IMTFE, while also understand the impact of this
focus. The fixation with ‘victor’s justice’ has been seared
into specific national narratives of remembrance,
victimhood and trauma. While it will also touch upon the
transnational factors that contributed to Japan’s
process of silencing and remembering, this paper will
explore the ways in which Class A war crimes have
come to define and construct the legacy of the Tokyo Trial
and its place in Japan’s national wartime narrative.
Though there is a place within the historical discussion of
the IMTFE for concepts such as ‘victor’s justice’
and criticism of crimes against peace, this paper will
conclude with a discussion on how scholars can move
beyond this limiting perspective and reach a more complex
understanding of the Tokyo Trial and its legacy.
---
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Permit me to take a different position on the Supreme Court’s Stillman decision on 26 July —
a disappointing day for the state of human rights and freedoms in Canada. It is my belief that
the Canadian Charter of Rights and Freedoms must be a tide that lifts all boats equally. I fail
to understand why it is acceptable for Canada’s service personnel to be denied access to the
rights and freedoms afforded to all other residents of Canada (even illegal residents) when our
military personnel are responsible to defend these same values, even with their lives (unlimited liability).
Canada’s Code of Service Discipline does not mandate a “justice” system, but a disciplinary system.
Where the civilian criminal court has a 12-member jury that is drawn from across the length and
breadth of the civilian community, the court martial has a five-member panel that is drawn from
the military community, whose members share the same indoctrination, socialization, military
experience and warrior ethic, and judges that are drawn from the ranks of the JAG organization.
In all other areas of the military domain these may be positive attributes, but in a military tribunal
that is presumed to administer justice there is too great a possibility that service cohesion may
unfairly tip the scales in favour of the prosecution. There is a growing number of nations which
have abandoned military disciplinary tribunals. I regret that Canada is not one of them.