-
Somalia
Inquiry & Government Reaction
- 1995-1997: Somalia Inquiry
- Departmental
Reaction to Somalia Inquiry
- Special
Advisory Group on Military Justice and Military
Police Investigation Services
January 1997 to July 1997 -
The Special Senate Committee on the Canadian
Airborne Regiment in Somalia (April 1997)
- TheReport
to the Prime Minister on the Leadership and Management of the
Canadian Forces (March 1997)
- Minister's
Monitoring Committee on Change in the Department of
National Defence and the Canadian Forces (October 1997 to
1999)
- Bill
C-25--An Act to amend
the National Defence Act and to make consequential
amendments to other Acts (Royal
Assent, 10 December 1998)
- 2003 -- Five Year Review of Bill C-25
- 2011 -- Second Five Year Review of
Bill C-25
OTTAWA—Canada’s top soldier is issuing the
first-ever guidelines for Canadian military personnel on how
to deal
with child soldiers in advance of deployment to Africa, the
Star has learned.
.....
Called the CAF Child Soldiers Doctrine, it is not
country-specific but will provide overarching principles to
military
personnel, no matter what the mission or mandate.
....
The military’s guidelines will make clear that all Canadian
Armed Forces personnel have a legal duty to report any
such violations, and it recognizes that the issue of child
soldiers “needs to be better addressed within Canadian
Forces doctrine.”
___________"I should have told PM sooner: Eggleton ; Minister admits
he knew even earlier about seizure by troops [al
Qaeda fighters]", Toronto Star, Jan 31, 2002,
p.A01
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.
MacDERMID, J.E. (John Edgar), Major was Assistant Judge Advocate for
military district number 12, see "Appointed Major J.E. MacDermid", Star-Phoenix,
Saskatoon, Wednesday, 31 December 1941, at p. 7; available at
https://www.newspapers.com/image/...., accessed 17 May 2020;
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___________on MacDERMID, J.E., see "MacDermid Is Director:
Appointment Goes to Saskatoon Man; Takes Higher Rank as
Lieutenant-Colonel", Star-Phoenix, Saskatoon, Friday, 30
October 1942, at p. 5, available at
https://www.newspapers.com/image/...., accessed 18 May 2020;
------------
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___________on MacDERMID, J.E. (John Edgar), "Deaths", died 17
January 1975, 82 years old, Saskatoon, see Star-Phoenix,
Saskatoon, Saturday, 18 January 1975 at p. 29, available at
https://www.newspapers.com/..., accessed 30 May 2020;
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----- Image
source: windsorstar.com/opinion/columnists/jarvis-canadas-chief-war-crimes-prosecutor-lived-here
MacDonald's book on Kurt "Bruce J.S. Macdonald, of Windsor, was a
lieutenant-colonel in the Essex Scottish
Meyer
Regiment and
served as its commanding officer during the invasion of Normandy.
He was later appointed Canada’s chief war crimes
prosecutor at the Nuremberg Trials.Windsor Star"
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
MacDONALD, B.J.S. (Bruce John Stuart), 1902-86, The
Trial of Kurt Meyer, Toronto: Clarke, Irwin & Company
Limited, 1954, 216 p. : ill. ; 22 cm.; copy at Ottawa University:
KK 73.5 .M475 M317 1954. off campus Storage, Annex; prosecutor at
the Kurt Meyer's trial in 1945; not a member of the OJAG but
assisted by JAG officers; ****
[research note by François
Lareau:
to read about LCol Bruce MacDonald / pour lire sur
le LCol Bruce MacDonald:
n August 1944 he
served as the Canadian Member of Supreme
Headquarters Allied Expeditionary Force
- McDONALD, R. Arthur, (Ronald
Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at
pages 49 and 63-65 available at pp. i-xii
and 1-102;
- McDONALD, R. Arthur, Les avocats militaires du Canada,
Ottawa : Cabinet du Juge-avocat général, c2002, aux pp. 56
et 71-73 à pp. i-x et
1-116];
- on Bruce McDonald, see:
Brode Patrick,
image source: osgoodesociety.ca/Author%20_Biographies/Brode_Patrick.html,
accessed on 26 April 2014
BRODE, Patrick, 1950-, "Bruce Macdonald and the Drafting
of Canada's War Crimes Regulations -- 1945", (1995) 24 Law Society Gazette
(Law Society of Upper Canada) 274-282; also
published in (March-April 1998) vol. 2, JAG
Newsletter;
No. 1 Canadian War Crimes Investigation Unit
was established on 4 June 1945 under the
command of Lieutenant-Colonel B.J.S. Macdonald to
continue the work of the SHAEF
(Supreme Headquarters, Allied Expeditionary Forces)
Court. Two detachments were established:
the North West Europe Detachment at Bad Salzflen,
Germany and the U.K.
Detachment at Canadian Army Headquarters, London,
England. Canadian personnel
from the SHAEF Courts were transferred to the new
Canadian Unit whose mandate
was to investigate all reports of war crimes
affecting any member of the Canadian
forces. The unit remained active until its
disbandment 31 May 1946.
Fonds consists of transcripts of Record of the
Evidence, Record Proceedings, witness
statement and evidence for the trial of Kurt Meyer.
Also includes documents for many
others trials for alleged War Crimes. In addition,
there are several miscellaneous documents
and there are also reports of No. 1 Canadian War
Crimes Investigation
Unit on miscellaneous War Crimes against members of
Canadians Armed Forces. There
are two series:
1. Kurt Meyer Trial (98/28)
2. Reports of Proceedings, Evidence and Witness
Statements (159.95 (D1) and 159.95.023 (D1-D11))
On 20–21 July 1944 the 6th Canadian Infantry
Brigade was engaged
in combat operations on Verrières Ridge south of
Caen. Enemy resistance
was stronger than expected and the Canadian attack
was met by strong
German counterattacks supported by armour. During
the course of the
battle, two units, the Essex Scottish Regiment and
the South Saskatchewan
Regiment were driven back. In the aftermath of the
battle the Essex Scottish
Regiment and their commanding officer were
criticized for their poor performance.
This article examines the battle in an attempt to
understand who was to blame.
Lieutenant–Colonel B.J.S. MacDonald, the
commanding officer of the Essex Scots,
was fired for his role in the battle, but this
article posits that Brigadier Hugh A.
Young bears the greater share of responsibility
for the operation’s failure.
- transcript of his testimony before the Commission of
Inquiry on War Criminals
chaired by the Honourable Jules Deschênes,
public hearings, April 1985.
MacDONALD, C. Roy, was Assistant Judge Advocate General, RCAF's
Eastern Air Command, see "Rosetown magistrate appointed", The
Leader-Post, Regina, Wednesday, 17 July 1957 at p. 8,
available at https://www.newspapers.com/image/...., accessed 25
May 2020;
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MacDONALD, D.D., Major, from R.C.A., Assistant Judge
Advocate General, military district 6 with headquarters in
Halifax, in 1944, The Quarterly Army List, January 1944, Part
I, London: His Majesty's stationery Office, 1944 at p. 171
(bottom page number) or p. 181 (top page number), available
at https://deriv.nls.uk/dcn23/8897/88977987.23.pdf
(accessed 21 March 2019);
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G. Bruce MacDonald
MacDonald, G. Bruce, [article on him] "G. Bruce MacDonald
Promoted", The Guardian, Wednesday, 11 January 1956, p.
11; available at http://islandnewspapers.ca/
(accessed 30 April 2018);
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___________on MacDONALD, Flight Lieutenant, see McDONALD, R.
Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at p. 81,
available at i-xii
and 1-102;
MacDONALD, J.A. (James A.), K.C., died in Toronto on 23 May
1932, Lieutenant-Colonel, member of the OJAG during WW I,
see:
- "Lt.-Col. MacDonald, Judge Advocate, Dies", The
Winnipeg Tribune, Tuesday, 24 May 1932 at p. 1,
available at https://www.newspapers.com/..., accessed 22
May 2020;
- "L/T.-Colonel's Appointment", The Globe and
Mail, 3 August 1916, p. 1 (accessed 27 July 2018);
simply saying that the rank of LCol is given to James A.
MacDonald, K.C., Assistant-Judge-Advocate General in
District 2";
- on LCol J.A. MacDonald, K.C., see the article "Contends
Draftee Planned Desertion. Judge-Advocate Sums Up
Case of E.J. Weber Before Court-Martial", Toronto Star,
16 January 1919 at p. 2; available at https://anatomylesson.wordpress.com/tag/neustadt/
(accessed 16 April 2020);
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- "Mayor Wrathy over interview 'Piece of Gross
Impertinence,' He Describes it in Letter to Col.
Bickford", The Globe, Toronto, 9 August 1918, at
p. 7;
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[Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/...., ProQuest Historical
Newspapers, accessed 5 March 2019]
- McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's
Military Lawyers, Ottawa : Office of the Judge
Advocate General, c2002, at p. 32, available at i-xii and
1-102;
- "SAYS ORDERLY IS RESPONSIBLE: Capt. Smith at Neals
Inquiry Reveals Flaws of Medical Service. Much
Illness Feigned. Medical Officer Admits at
Inquest That Orderly Determines Character of witness" , The
Globe, Toronto, 9 March 1918 at p. 8; re
Lieutenant-Colonel J.A MacDonald, involved in a coroner's
inquest;
- "STANDING BOARD TO TRY SOLDIERS: General Court-martial
Personnel to be Chosen From These Officers", The Globe and Mail, 21 August 1918, at p. 7;
ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca,
accessed 11 September 2018
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Source of image: JAG Newsletter, volume 1,
2003 at p. 7
Admiral Sir Ian Garnett with Margaret-Ann
Macdonald.
Macdonald, Margaret-Ann, "Honours", JAG Newsletter,
volume 1, 2003 at p. 7; research note: we worked together in
Lahr; very nice person (dixit François Lareau);
"In July 2002, LCol Margaret-Ann Macdonald was awarded
the Chief of Staff Commendation for Exceptional
Service by Admiral Sir Ian Garnett, SHAPE Chief of
Staff, in recognition of her professional excellence,
primarily in relation to the NATO-led operations in the
Balkans. This prestigious award cited her
ceaseless
enthusiasm within the Office of the SHAPE Legal Advisor
during a period of almost 5 years, and noted that
her efforts 'consistently showed her to be a master of
her legal craft and NATO procedures.' As well, it
cited
her critical value to operators, both in SHAPE and in
the field."
___________on MacDONALD, Lieutenant-Colonel Margaret Ann, see
McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military
Lawyers, Ottawa : Office of the Judge Advocate General,
c2002, at p. 171, available at 103-242;
___________photo of Margaret Ann MacDonald:
From the right: Margaret-Ann
MacDonald, Nicole Girard, and Mrs. Mitchell,
Lahr, Federal Republic of Germany, circa 1981-1982 (photo by François Lareau)
------
Mitch MacDonald, the author,
image Luc Boutin, left with his client, Captain
Todd Bannister
source: twitter.com/mitch_pei?lang=en,
accessed
(photo by Mitch MacDonald)
28 February 2018
MacDONALD, N.F. (Norman Frederick), Major, from
R.C.A., legal officer in military district 6 with headquarters in
Halifax, in 1944, see The Quarterly Army List, January 1944,
Part I, London: His Majesty's Stationery Office, 1944 at p.
171 (bottom page number) or p. 181 (top page number), available
at https://deriv.nls.uk/dcn23/8897/88977987.23.pdf
(accessed 21 March 2019);
____________on MacDONALD, N.F. (Norman Frederick), born in
Hamilton, died in February 1957 at the age 54 and see extensive
notes on Mr. MacDonald at the Great War Centenary Association,
Brantford, Brant County, Six nations web site at http://doingourbit.ca/profile/norman-macdonald-mc
(accessed 14 April 2019);
____________on MacDONALD, N.F. (Norman Frederick), see "Major N.
MacDonald Returns to East", Edmonton Journal, Tuesday, 26
November 1940, at p. 10, available at
https://www.newspapers.com/...., accessed 23 May 2020;
Neil MacDonald
MacDONALD, Neil, "Canada is uncomfortably allied with the
torturers of the new Iraq: Neil Macdonald. Warning: This
column contains graphic descriptions of violence that some readers
might find disturbing", CBC News Opinion, 27 May 2017; available
at http://www.cbc.ca/news/opinion/torturers-of-the-new-iraq-1.4133747
(accessed 28 May 2017);
Ralph MacDonald: image source: Google
Image, accessed on 31 May 2014
MACDONALD, LCol (ret'd) Ralph, 1922-2010, notes on:
After serving in Vancouver and back in Edmonton, he was
called to the Alberta Bar in 1956 and transferred to the
Judge Advocate
General's branch. Ralph's more than 30 years of service as a
legal officer took him to Ottawa, Winnipeg, Calgary, Lahr
and finally
back to Ottawa. Along the way, he was a minor hockey coach,
Cub leader and Group Committee chair. One of his proudest
accomplishments was the two years he spent as president of
the Canadian Forces Europe senior hockey league. By 1988,
when he
retired at the age of 65, Ralph was the oldest member and
last Second World War veteran serving in the Regular Force.
____________on MacDONALD, Lieutenant-Colonel Ralph, see McDONALD, R.
Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at p. 211,
available at 103-242;
MacDONALD, W.F., Major was the judge-advocate in the General Court
Martial of Lt. Boulton, see BARRETT, Matthew Kenneth, Ruin and
Redemption: losing and Regaining Honour in the Canadian Officer
Corps, a thesis submitted to the Graduate Program in History
in conformity with the requirements for the Degree of Doctor of
Philosophy Queen's University, KIngston, Ontario, September 2019, v,
395 leaves, at p. 252; available at https://qspace.library.queensu.ca/bitstream/handle/1974/26534/Barrett_Matthew_K_201909_PhD.pdf?sequence=2&isAllowed=y
(accessed 30 October 21019);
MacDOUGALL, Colonel, J.C. (James Charles/Charlie), born in Toronto
1863, died in Hamilton, Bermuda, 30 January 1927, Canadian Deputy
Judge Advocate General in Britain, see McDONALD, R. Arthur, (Ronald
Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office
of the Judge Advocate General, c2002, at pages 21, 23 and 25,
available at i-xii
and 1-102;
___________on MacDOUGALL, J.C., Major-General, see "Famous Canadian
Soldier Expires in Bermuda, Sunday", Calgary Herald, 31
January 1927, p. 14; available at https://www.newspapers.com/,
accessed 8 June 2020;
--------
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___________on MacDOUGALL, J.C., Major-General, see Special to the
Gazette, "Maj. Gen. M'Dougall Leaves Army Life. Retires After
Serving 38 in Military Forces of Dominion", Yhe Gazette, Montreal,
Wednesday, 2 April 1919 at p. 2, available at , accessed 23 May
2020;
--------
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MacDOUGALL, M.H. (M. Holly), "Canada: Investigation and
Prosecution of Alleged Violations of the Law of Armed Conflict", in
The Public Commission to Examine the Maritime Incident of 31 May
2010, The Turkel Commission, Second Report, Israel's Mechanisms
for Examining and Investigating Complaints and Claims of
Violations of the Laws of Armed Conflict According to
International Law, Annex C -- The Comparative Survey, at pp.
563-640, available at http://www.turkel-committee.gov.il/files/newDoc3/Annex%20C%20-%20for%20Website.pdf
(accessed on 1 March 2015); I have found
MacDougall's paper very informative;
Source
of image: www. amazon.co.uk (accessed 24 December 2015)
___________"Legal Aspects of Command of United Nations Operations"
in Yves Le Bouthillier, David M. McRae, and Donald Pharand, eds., Selected
Papers in International Law: Contribution of the Canadian Council
on International Law 1972-1997, The Hague: Kluwer Law
International, 1999, p. 403;
Source:
Source: (2003) 1 JAG Newsletter -- Les actualités at p. 9
"Certificate of Commendation for Sept 11th, 2001,
to: S. Roy, L. Vaillancourt, Maj Van Veen, Maj Fensom,
Cdr Phillips, LCol Perron, [the JAG: Jerry Pitzul], LCol Herfst, Maj
Carson,
LCol Fournier, Cdr Maguire, Capt(N) MacDougall".
___________"The Legal Basis for Chapter VI and Charter VII UN
Sanctioned Operations", Brief to the Commission of Inquiry into the
Canadian Forces Deployment to Somalia, Ottawa, June 1995; note:
would be available on the CD-Rom published by the Commission (see
Part I of Canadian Military law );
___________on MacDOUGALL, Commander M.H. (Holly), see McDONALD, R.
Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at p. 171,
available at 103-242;
___________ Testimony as Director of Military Prosecutions,
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;
Still video at 1:01:46
Captain (N) (retired) Holly MacDougall testifying
___________Testimony with video of Holly MacDougall before the
Senate Committee -- Legal and Constitutional Affairs on Bill C-15, An
Act to amend the National Defence Act and to make consequential
amendments to other Acts, 30 May 2013, at 1:01:15 to 1: 40: 29
at http://www.cpac.ca/en/programs/in-committee-from-the-senate-of-canada/episodes/24635946/
(accessed 24 November 2015);
also available at meeting
issue 38, 30 May 2013, minutes
and evidence;
MacEACHERN, Michael, Major, "Detaining Outside of War: How Legal
Ambiguity Leads to Policy Paralysis", JCSP 45 Exercise Solo Flight,
May 2019, 25 p., available at https://www.cfc.forces.gc.ca/259/290/308/305/maceachern.pdf
(accessed 21 December 2020);
MacFARLAND, Lieutenant-Colonel G.F., legal officer, 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;
___________"BIOGRAPHY -- Colonel Bruce MacGregor, C.D., Q.C., LL.M.,
LL.B., B.A.", 2019 (copy received from
Colonel Bruce MacGregor, 31 May 2019);
,
BIOGRAPHY
Colonel
Bruce MacGregor, C.D., Q.C.,
LL.M., LL.B., B.A.
Colonel MacGregor was born in Sydney, Nova Scotia and
attended schools in several
communities in Ontario,
Alberta, and Nova Scotia, before obtaining a high school
diploma from the Halifax
Grammar School. He is a graduate of Dalhousie University
(B.A., Political Science
and LL.B.) and the University
of Ottawa (LL.M). He has been a
member of the Nova Scotia
Barristers’ Society since 1991.
In 1990, Colonel MacGregor articled with Cox, Downie and
Goodfellow in Halifax. He
then practiced law for
six years at MacIntosh,
MacDonnell and MacDonald in New
Glasgow, Nova Scotia,
concentrating on criminal law (as defence counsel and as a
federal and municipal
prosecutor). He routinely appeared before
Nova Scotia’s Family
Court, Provincial Court,
Supreme Court and Court of Appeal. He became a partner in
his
firm in 1995.
In 1997, Colonel MacGregor left private practice to join the Office of the Judge
Advocate
General (JAG) and assumed
the duties of Assistant Deputy
Judge Advocate Pacific
Region in Victoria,
British Columbia. During this time, he advised the
Maritime Pacific
Commander, the Commander
Canadian Fleet Pacific, and the various regional bases
including Esquimalt,
Comox and Chilliwack. He also prosecuted and defended at
numerous courts martial.
Additionally, he sailed with HMCS Regina to the Arabian Gulf
providing legal advice to
the ship’s Commander in support of OP AUGMENTATION in
1999.
In 2001, Colonel MacGregor was posted to the Directorate
of Military Prosecutions in
Ottawa where he
prosecuted courts martial, represented the Minister of
National Defence
in appeals before the
Court Martial Appeal Court, mentored junior prosecutors,
represented the office in
media interviews and provided policy and prosecutorial
advice
to the Director of
Military Prosecutions.
In 2004, Colonel
MacGregor was posted to the
Directorate of Law Human Resources
where he provided legal
advice on personnel and administrative legal matters. Later that
same year, he was
tasked to work with the JAG Internal Review Team in
order to provide
a departmental response
to the First Independent Review by former Chief Justice
of
Canada, Antonio Lamer.
In 2006, Colonel
MacGregor returned to prosecutions and assumed the
position of
Deputy Director
Military Prosecutions in Ottawa where he guided a team
of regular and
reserve force military
prosecutors and civilian
staff in charge of prosecuting persons
under the Code of
Service Discipline at courts martial and the Court
Martial Appeal
Court.
In January to July
2009, Colonel MacGregor was deployed to the Sudan as the
Force
Legal Advisor to the
United Nations Mission in Sudan (UNMIS). There he was
the sole
legal advisor to the
UNMIS Force Commander and his 10,000 military troops in support
of the enforcement of
the Comprehensive Peace Agreement between North and
South
Sudan. For his efforts,
Colonel MacGregor was awarded the United Nations Force
Commanders Commendation.
Upon his return to
Canada, Colonel MacGregor became the Director of
Military Justice
Policy supporting the Judge Advocate
General’s legislative mandate to superintend
the
administration of
Military Justice. This
included the development of legislative and
regulatory initiatives,
and policy development related to
Canada’s military justice system.
After a re-organization
of the Military Justice
Division, Colonel MacGregor then became
the Director of
Military Justice Operations and then assumed the role of Director of
Military Justice
Strategic where he
assisted in the Office of the JAG’s work with the
Second Independent
Review Authority (Mr. Justice Patrick LeSage).
In 2013, Colonel
MacGregor was posted to the
position of Assistant Deputy Judge
Advocate General
Operations. There he assisted the DJAG Operations in the
provision of
legal advice in direct
support to the planning and conduct of domestic and international
operations. In 2014,
Colonel MacGregor was promoted to his current rank and assumed
the duties of DJAG
Operations.
On 20 October 2014,
Colonel MacGregor was appointed by the Minister of
National
Defence to the position
of the Director of Military Prosecutions pursuant to section 165.1
of the National Defence
Act. He is is responsible for the preferring of all
charges to be
tried by court martial
and for the conduct of all prosecutions at courts
martial. The
Director of Military
Prosecutions also acts as counsel for the Minister in
respect of
appeals before the
Court Martial Appeal Court of Canada and before the Supreme Court
of Canada. Between 2015
and 2019, Colonel MacGregor has appeared as counsel
before
the Supreme Court on a
number of significant cases affecting the military
justice system
specifically and the
criminal justice system more broadly.
Colonel MacGregor is
married and has two sons. He has been a committed
community
volunteer in various
projects for over thirty years.
___________Canadian Military
Boards of Inquiry in the Line of Fire of Procedural Fairness,
University of Ottawa. mémoire de maîtrise en droit, LL.M., 2005 or
2006?; titre cité dans (2005) 65 Revue du Barreau 351, on y ajoute "Veuillez noter
que les mémoires
ne sont pas disponibles pour consultation" (p. 350);
__________"Canadian
Military Boards of Inquiry in the Line of Fire of Procedural
Fairness", (2007) 1 JAG
Les actualités Newsletter 54-74;
____________"Military courts martial do not sacrifice fairness",
The Ottawa Citizen, 9
August 2010, p. A.7;
___________Notes on Bruce MacGregor from 2017
Canadian Council on International Law (CIL), 2017 CCIL Conference
November 2-3 in Ottawa, “Canada at
150: The Return of History for International Law”, 2017
Speaker Biographies, Keynote Speakers, available at http://www.ccil-ccdi.ca/speakerbios,
accessed 26 October 2017:
Bruce MacGregor
(Speaker) is a Colonel in the Canadian
Forces, having joined the Office of the Judge Advocate
General (JAG) in 1997.
He has deployed to the Arabian Gulf with HMCS Regina in
support to Op AUGMENTATION (1999) and to Sudan as the
legal advisor to
the UNMIS Force Commander (2009). Colonel MacGregor has
played a significant role in the Office of the JAG’s
engagement in the
independent review process led in the first instance by
former Chief Justice of Canada, Antonio Lamer, and in the
second instance, by
Mr Justice Patrick Lesage. In 2014, Colonel MacGregor was
promoted to his current rank and assumed the duties of
DJAG Operations
and later that year was appointed by the Minister of
National Defence to the position of the Director of
Military Prosecutions. (E)
___________Note on MacGregor, Bruce: 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);
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Image
source: ml-fd.caf-fac.ca/wp-content/uploads/2018/05/dmp-un.jpg,
accessed 19 May 2018
Col Bruce MacGregor (center)
____________Research note on Colonel Bruce MacGregor: "Director of
Military Prosecutions attends a high-level UN meetings on national
terrorism prosecutions", The Maple Leaf, at https://ml-fd.caf-fac.ca/en/2018/05/13623
(accessed 19 May 2018);
Colonel Bruce MacGregor, Director of Military
Prosecutions and Co-Chair of the International
Association of Prosecutors’ Network
of Military Prosecutors, was at UN Headquarters in New
York on April 9-10, 2018 for high-level expert meetings
on “Bringing terrorists
to justice before national courts: developing guidelines
to facilitate the collection of information and evidence
by military and other
relevant criminal justice actors within a rule-of-law
framework”.
The Counter-Terrorism Committee Executive Directorate,
acting in collaboration with the International Centre
for Counter-Terrorism
– The Hague and the UN Office on Drugs and Crime and
within the framework of the Counter-Terrorism
Implementation Task Force
Working Group on Legal and Criminal Justice Responses to
Terrorism, has launched a project that aims to
strengthen criminal justice
responses to terrorism by enhancing the role of the
military in supporting the collection, sharing, and use
of information and evidence.
The Network of Military Prosecutors (NMP), which was
officially launched at the 22nd International
Association of Prosecutors
(IAP) Annual Conference in September 2017, embraces
prosecutors from the military and the civilian justice
systems and is available
to all members of the IAP dealing with military criminal
cases, including prosecutors belonging to organizational
members. The network
has been growing steadily, welcoming new members from
Italy, Israel, Romania, Spain and Greece, and is
continuing to reach out to
civilian prosecution services that are dealing with
military criminal cases as well as The International
Society for Military Law and the
Law of War.
[Also available in French/aussi disponible en français:
"Le Directeur – Poursuites militaires participe à des
réunions de haut niveau de
l’ONU sur les poursuites en matière de terrorisme
national" à https://ml-fd.caf-fac.ca/fr/2018/05/13623
]
The first SIGM for prosecutors dealing with
Military Prosecutions took place on Monday 12 September
2016 in
Dublin, Ireland during the 21st IAP Annual
Conference and General Meeting on the topic “Independence
in the
prosecution and investigation of military criminal cases
both domestically and on international operations”.
Bruce MacGregor, The Canadian Director of Military
Prosecutions and John Spierin, The Irish Director of the
Military
Prosecutions facilitated the meeting. Speakers in session
were; Jennifer Woodward, Director of Military Service,
Australia,
David Antonyshyn, Lieutenant Colonel, Assistant Director
of the Canadian Military Prosecutions and Albert van den
Kerk
representing the Dutch Military Service. The session
turned out to be a pure magnet on people and the
organizers were
forced to reject several participants.
___________Testimony, Military
Police Complaints Commission, Fynes Public Interest
Hearings, Transcript of Proceedings, 10 September 2012,
Volume 44, pp. 1-155, available at http://mdlo.ca/wp-content/uploads/2013/05/
and go to the date of 10 September 2012 (accessed 30 December
2015);
--------
____________"Role of the Military Justice System: Accountability
of Soldiers and Commanders during Deployment", presented at 10th
Seminar for Legal Advisors, Legal Advisors and International
Military Operations on the African Continent, 6-10 May 2014,
Galway, International Society for Military Law and law of
War, available at http://www.ismllw.org/seminaires/2014_05_06_Galway_textes%20des%20orateurs/2014_05_08_03%20LtCol%20MacGregor.pdf
(accessed on 12 February 2015);
MacINNIS, LCdr D.M., "Cyber Warfare, The Law of Armed Conflict,
ROE and the Sufficiency of International Law", Canadian Forces
College, JCSP 40, Exercise Solo Flight, 2016, 12 p.; available
at http://www.cfc.forces.gc.ca/259/290/301/305/MacInnis.pdf
(accessed 2 February 2017);
Following the war, John returned to Halifax where
he used his veteran’s benefits to attend Dalhousie
University Law School,
graduating in 1949. He re-joined the Army, as a member of
the Judge Advocate General’s Branch. He served with
the Canadian
Infantry Brigade Group in Korea in 1952-53 and retired from
the Army in 1969 after postings in Shilo, Borden, Ottawa,
Germany
and Winnipeg. He took up a new position in 1970 as legal
advisor to the Atomic Energy Control Board. He was appointed
a Queen’s
Counsel for his contributions to the writing of legislation
and regulations governing the use of nuclear energy. John
finished his public
service in the Department of Justice.
Following the war, John returned to
Halifax where he used his veteran's benefits to attend
Dalhousie University Law School, graduating in 1949. He
re-joined the Army, as a member of the Judge Advocate
General's Branch. He served with the Canadian Infantry
Brigade Group in Korea in 1952-53 and retired from the
Army in 1969 after postings in Shilo, Borden, Ottawa,
Germany and Winnipeg. He took up a new position in 1970 as
Legal Advisor to the Atomic Energy Control Board. He was
appointed a Queen's Counsel for his contributions to the
writing of legislation and regulations governing the use
of nuclear energy. John finished his public service in the
Department of Justice. - See more at:
http://www.legacy.com/obituaries/ottawacitizen/obituary.aspx?pid=176225518#sthash.n4BfWFWR.dpuf
MacISAAC, Lieutenant-Colonel John Francis Donald
____________on MacISSAC, John, Lieutenant-Colonel, see "Army
Promotion", The Ottawa Citizen, Saturday, 7 January
1961 at p. 2, available at https://www.newspapers.com/,
accessed 16 May 2020;
Born November 27, 1931, to Charles and Johan in
Winnipeg, Donald attended United College and graduated from
the University of Manitoba
with a Bachelor of Laws in 1957. During his education he
served with the Canadian Military at Fort Churchill,
Manitoba. After graduation
Donald served for five years in Ottawa with the Office of
the Judge Advocate General retiring with the rank of
Major. Donald returned to
Winnipeg and continued his career as legal counsel with the
Metropolitan Corporation of Greater Winnipeg before entering
private practice.
Image
source: http://www.citizensassembly.gov.on.ca/gallery1/en/LearningWeekend6.html,
accessed 13 September 2016
Heather MacIvor
MacIvor, Heather, "The Speaker's Ruling on Afghan Detainee
Documents: The Last Hurrah for Parliamentary Privilege?" (2010)
19(1&2) Constitutional Forum constitutionel 129-137,
available at https://ejournals.library.ualberta.ca/index.php/constitutional_forum/article/view/17258/13723
(accessed at 13 September 2016);
MacKAY, J.S., lawyer with the OJAG; was Deputy Judge Advocate
Gagetown and 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);
___________on MacKAY,
Louis, Col, see Beaton, Virginia, "Guilty as charged. Mock
trial finds sailor was AWOL", Trident, vol. 44, issue 9, 3
May 2010, at pages 20 and 21; available at http://tridentnews.ca/Portals/0/pdfarchives/2010/may3_2010.pdf
(accessed 24 February 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
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 MacKAY, Louis, Major, see McDONALD, R. Arthur, (Ronald Arthur),
1948-, Canada's Military Lawyers, Ottawa : Office of the
Judge Advocate General, c2002, at pages 119, 158 and 159,
available at 103-242;
MACKAY,
J.S.W.L., Lt. Col. (Ret’d) -age 65 of Upper
Nine Mile River
passed away September 10, 2020 in Colchester East
Hants Health Centre,
Truro. Born in Laprairie, Quebec, he was a son of
the late Julien and Paulette
(Lavallée)
Mackay.
Louis joined the
military in 1983 as an infantry officer with the 22nd
Regiment.
He was called to the bar in 1992 with the Upper Law
Society of Canada.
He finished his career as (A) JAG Atlantic. Louis
retired to a small hobby farm
in Upper Nine Mile River.
He is survived by
his wife, Michele (LeBlanc); son, Hugues (Aimee);
grandchildren, Adelyn, Jack and Emme-Rose Mackay and
Julia and David
MacWilliam; sisters, Christiane, Monique, and Hélène; brother,
Paul,; numerous
nieces and nephews.
Besides his parents,
he was predeceased by his first wife, Claire.
Due to COVID-19
restrictions, cremation has taken place and a
funeral service will be held in Quebec
at a later date.
Source
of image: (2004) 1 Les actualités JAG Newsletter at p.
39
"Canadian Forces JAG Maj Louis Mackay of Halifax at Camp Julien
in November 2003"
There were hugs, kisses and plenty of tears as 150
troops said their goodbyes Saturday before departing
on a six-month mission into the great unknown of
Afghanistan.
...
Defence Minister John McCallum reiterated the point
Saturday, acknowledging that Canadians will be
in harm's way but reminding them that they are there for
Canada's security as well as Afghanistan's.
...
...Major Louis MacKay of Halifax, a legal advisor to the
brigade commander, said the troops are
well-equipped with what everybody is calling "robust" rules
of engagement.
It is Maj. MacKay's job to
interpret those rules for the Canadian contingent. He said
the interpretations
of "lethal force" vary among the nations involved but the
Canadians, he said, "are equipped for everything."
"As in any mission, the rules
of engagement cannot negate the inherent right of
self-defence."
On October 29, 2012, I approved the Chief of the
Defence Staff’s recommendation to establish the position of
the Canadian Forces Judge Advocate
General at the rank of Major-General from that of
Brigadier-General and to promote the Judge Advocate General,
Major-General Blaise Cathcart, to that rank.
The elevation of the Judge Advocate General’s rank is a
significant recognition of the importance of the Judge
Advocate General’s position in performing
two unique roles set out in the National Defence Act:
legal advisor in matters relating to military law and
superintendent of the administration of military
justice in the Canadian Forces. In the complex global
environment within which the Canadian Forces operate,
security challenges are more diverse and
complex than ever before. In these increasingly dynamic
circumstances, mission success remains inseparable from
adherence to the rule of law. Against
this backdrop, the role of the uniformed legal advisor as a
source of independent and objective legal advice, takes on
growing importance. The Judge
Advocate General is a key strategic advisor in the
decision-making process.
___________ testimony of Peter MacKay, Minister of national Defence
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 62, 30 January 2013,
minutes
and evidence;
- before the Standing Senate Committee on Legal and
Constitutional Affairs, issue 37, 23 May 2013, minutes
and evidence;
___________testimony of Peter MacKay, Minister of National
Defence 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;
MacKENZIE, D.B., Captain, General List, Legal officer in military
district number 13 in Calgary in 1944, see The
Quarterly Army
List, January
1944, Part I,
London: His
Majesty's Stationery
Office, 1944 at p.
173 (bottom page
number) or p. 183
(top page number),
available at https://deriv.nls.uk/dcn23/8897/88977987.23.pdf
(accessed 21 March
2019); the
Assistant Judge Advocate General at military district number 13
that time was Major S. Wood, General List;
___________photo of Donald Bruce MacKenzie (not 100% sure it is
the JAG legal officer) in "Five Edmonton Lawyers Named on 1952
King's Counsel List", The Edmonton Journal, 2 January 1952
at p. 7, available at https://www.newspapers.com/image/, accessed
22 June 2020;
Donald Bruce MacKenzie
Image
source: artsandsciences.sc.edu/hist/s-p-mackenzie,
accessed 7 April 2017
S.P. MacKenzie
MacKENZIE, S.P., “The Shackling Crisis: A Case-Study in the
Dynamics of Prisoner-of-War Diplomacy in the Second World War”,
(February 1995) 17(1) International History Review 78-98;
------
Bobbi-Jean MacKinnon, CBC Reporter, image
source:
Catherine Harrop, CBC journalist who took the photos for this
story
cbc.ca/news/canada/new-brunswick/n-b-newsmaker-dec-12-bobbi-jean-mackinnon-1.2871933
images source:
http://www.cbc.ca/news/canada/new-brunswick/catherine-harrop-1.3677511
still video at 00.20/03:37
MacKINNON, Bobbi-Jean, "Soldier
fined $1K and reprimanded for accessing porn on DND computer while
on duty. 2nd charge against Sgt. Brent Douglas Hansen of
accessing child porn dropped prior to Oromocto proceeding", CBC
News, 18 April 2018; President of Sgt Hansen's court martial was
Commander Pelletier; available at http://www.cbc.ca/news/canada/new-brunswick/soldier-pornography-gagetown-brent-hansen-1.4624564
(accessed 19 April 2018);
MacKINNON, J.L., LCol, was Deputy Judge Advocate General
(acting) in 1919, see "Wing Up Overseas Militia Ministry Soon
Possible", The Ottawa Citizen, 20 December 1919; retrieved from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2336205258?accountid=46526,
accessed 1 May 2020;
The following officers now have
their headquarters
in Ottawa....Lt.-Col. J.L. MacKinnon, deputy judge-
advocate general (acting)....
Photo:Warrant Officer André Gagnon, centre, walks to testify at his
court
martial at the St-Malo Armoury Tuesday, August 12, 2014 in
Quebec City with his defence counsel Major Philippe-Luc Boutin,
left. THE CANADIAN PRESS/Clement Allard
Image
source: amazon.com/Vintage-photo-Portrait-W-H-S-Macklin/dp/B01B5FCK1U,
accessed 3 May 2018
W.H.S. MacKlin
MacKLIN, W.H.S. (Wilfred "Slim" Harold Stephenson), 1899-1966,
"Military Law" (January 1954) 8 Canadian Army Journal
31-2; title of article noted on 19 August 2017 in Chris
Madsen, Another Kind of Justice : Canadian
Military Law from Confederation to Somalia, Vancouver : UBC
Press, c1999, p. 190, note 18; Major General Wilfred
Macklin was the Adjudant General of the Canadian Army when he
retired in 1954; available at http://www.lareau-legal.ca/MacKlin12June18.pdf
(put on line on 12 June 2018);
MacLEAN, Lieutenant-Colonel D.A., "Rules of Engagement and the
Peacekeeper's Dilemma", AMSC 3 (Advanced Military Studies Course
3), Canadian Forces College, circa 2000, 26 p.; available at http://www.cfc.forces.gc.ca/259/260/263/macleand2.pdf
(accessed on 17 June 2012);
Abstract
The use of force by soldiers deployed on United
Nations peacekeeping missions is
controlled
by Rules of Engagement (ROE). Depending on the mandate,
some peacekeeping
missions have allowed peacekeepers to use force only in
self-defence. In areas torn by civil
war or ethnic strife, soldiers have sometimes witnessed
crimes and violent acts perpetrated
against defenceless non-combatants. Depending on the
mandate of the peacekeeping force
and on the ROE that have been prepared for the
mission, soldiers may be precluded from
intervening
due to their ROE. This paper argues that the restrictive
nature of peacekeeping
ROE
may create a situation where soldiers deployed on
peacekeeping operations must deal
with
ethical and moral dilemmas. The potential for such
situations is so widespread that this
phenomena is not just isolated, but instead should be
considered a real concern for all soldiers
deployed on peacekeeping operations
Image
source: ca.linkedin.com/in/swmaclean/zh-cn, accessed 2 July 2018
Stephen W. MacLean
MacLEAN, Stephen W., legal officer with the OJAG in Halifax since
July 2018, member of the Law Society of Nova Scotia, Stephen.MacLean@forces.gc.ca
(information as of 2 July 2018);
___________MacLean, Steve, Capt., legal officer appeared as
co-counsel for the prosecution with Maj. Patrice Germain in the
case referred to in the article: Peddle, Stuart, "Defence wants
crucial video evidence excluded in drug use court martial", The
Chronicle Herald, Halifax, 6 November 2018; available at https://www.thechronicleherald.ca/news/local/defence-wants-crucial-video-evidence-excluded-in-drug-use-court-martial-257175/,
accessed 13 November 2018; court martial of Leading Seaman
Christopher Edwards;
As well, some Liberals suggested that Eggleton
felt it important to look especially decisive in order to
win the confidence of senior officers.
From the outset, the Liberals expected the report to be
tough on them - and suggested, in part, that the
commissioners were motivated by
their frustration over the decision to end the hearings.
"We gave these guys $25 million and 27 months, and it
still wasn't enough for them,"
complained one PMO official. "How much is enough?"
Image
source: ctvnews.ca/col-williams-assaulted-victim-after-she-had-seizures-1.564944,
accessed 7 April 2017
1.
On 21 Oct 10, Mr. Russell Williams, former Commander of 8
Wing, was sentenced to two concurrent terms of life in
prison with no chance of parole for 25 years for the
first-degree murders of Cpl Marie France Comeau and Mrs.
Jessica Lloyd.
......
4. With the conviction and sentencing completed, and
following my recommendation, the Governor General has
revoked his commission, an extraordinary and severe
decision that may constitute a first of its kind in
Canadian history.
5. Further, the following actions will now be taken:
A. Stripping Mr. Williams of his medals
B. Termination and recovery of his pay from the date of
arrest
C. Denial of severance pay; and
D. His prompt release from the CF under “service
misconduct” – which is the most serious release item
possible.
6. As a consequence of his release from the CF for
“service misconduct” and of the revocation of his
commission, Mr. Williams no longer possesses a rank as a
member of the CF.
7. I wish to point out that under the CF superannuation
act, there are no grounds to revoke his pension and a
court martial would not have any impact on these accrued
benefits.
8. Some have questioned why Mr. Williams has not also
been charged under the military justice system. I
believe we need to understand why this is so. This is
because there is no jurisdiction under the code of
service discipline to try persons charged with murder
where those murders took place in Canada. Mr. Williams
was therefore tried and convicted of all of these 88
charges under the Criminal Code of Canada by a civilian
court. Additionally there will be no further court
martial on these matters because the National Defence
Act specifically prevents an individual from being tried
by court martial where the offence or any other
substantially similar offence arising out of the same
underlying facts have been previously dealt with by a
civilian court. This basic principle sometimes known as
“double jeopardy” is fundamental within our civilian and
military justice system. With his current convictions
and sentence to life imprisonment justice has already
been served.
MacLEOD, Colonel B.W., "Law of Armed Conflict at the Operational
Level Rwanda and an Unlawful Order", AMSP (2000), AMSC 3
(Advanced Military Studies Course 3), Canadian Forces
College, 16 p.; available at http://www.cfc.forces.gc.ca/259/260/263/macleodb2.pdf
(accessed on 19 June 2012);
ABSTRACT
In the autumn of 1993 the United Nations (U.N.) authorised
the deployment of a United Nations Assistance Mission
to Rwanda (UNAMIR) to supervise the transition to peace in
accordance with the terms of the Arusha Accord signed
earlier that year. Unfortunately, the conditions were
not met and genocide resulted in the massacre of
approximately
800,000 people. Within the U.N. Headquarters, there was
considerable debate as to what action to take. The options
ranged from a complete withdrawal of the force to its
reinforcement. In the early weeks of what later became
defined
as genocide, the U.N. Force Commander, General Dallaire
reports that he received the worst of all possible orders –
to
withdraw the force. General Dallaire refused the order on
the grounds that to do so would result in the slaughter of
approximately 30,000 people under the protection of his
UNAMIR force. This paper argues that, based on the laws of
armed conflict (LOAC) and other international laws and
conventions, General Dallaire had a legal responsibility to
refuse this order as being unlawful.
Where do you work? Chilly Beach Studios March
Entertainment, Sudbury, ON and part-time as a legal officer
with the Office of Judge Advocate General of the Canadian
Forces (International law)
.... I originally chose the Royal Military College
because of the Regular Officer Training Program (ROTP) with
the Canadian Forces. Under this program, they paid me to
study. It was a great program
which I highly recommend other students to consider.
.... If your schooling or work was away from your
family, what was/is this like? I did two tours with the
Canadian Forces away from my family (Bosnia and the Persian
Gulf). During Canada’s response
to the 9/11 attacks, I was away from my family for 7 months.
It was difficult but we all survived. As I was starting to
be away from my family (more and more), this eventually
contributed to my decision to take the job here in Sudbury.
[additional research note: the above image of LCdr Macleod
also made the front cover of the JAG Les actualités
--Newsletter, Volume 1 --2004]:
What is your occupation? Animation Project
Management and Lawyer
Where do you work? Chilly Beach Studios March
Entertainment, Sudbury, ON and part-time as a legal
officer with the Office of Judge Advocate General
of the Canadian Forces (International law)
Please provide a brief summary of your career path.
During High School, I worked at a number of jobs
(McDonalds, United Cigar Store, Cambrian Fitness
Centre). Joined the Canadian Forces in 1982 and attended
the Royal Military College in Kingston, ON and graduated
with a Honours BA in Economics
and Commerce. Worked as a logistics officer with the
Canadian Forces in Chilliwack, BC, Ottawa, ON and
Halifax, Nova Scotia. Attended law school
at Dalhousie Law School and graduated with LLB in 1998.
Joined the Office of the Judge Advocate General and
completed a number of interesting
ortfolios within the CF. Primary interest and specialty
was in International and Operational Law. During this
time, I traveled extensively and did a tour
in the Balkans (Bosnia) as well being the Legal advisor
to Canada’s Naval contribution in the Persian Gulf (Our
Canadian response to the terrorist attacks (9/11).
I was one of the first investors in Chilly Beach.
How was I inspired to get this job? I never really
had a master plan, although I admit that I always wanted
to become a lawyer. My current career is the result
of the various paths I followed throughout the last 22
years.
Education: University Undergraduate Degree Royal
Military College – Kingston, Ontario. 4 year degree
which on top of the Honours BA requires the
students to be successful in physical fitness, military
training, engineering and leadership courses. Dalhousie
Law School – (3 years) law school program –
graduated in 1998. University Masters Degree Ottawa
University – Studied courses under the MA (Economics)
Studied under the Canadian Forces
Management training programs which are similar in
structure and substance. University of Liverpool, United
Kingdom (Diploma course – Laws of War)
[source: http://everitas.rmcclub.ca/law-day-many-ex-cadets-at-the-bar/,
accessed 17 March 2018]
MacLEOD, Major Sherry, "JAG Social Fund Activities / Activités du
club social du JAG", (2006) 1 JAG Les actualités -- Newsletter
10;
____________message "Fw: Retirement -- Major Sherry
MacLeod", 22 August 2018, from Bill & Ben (JAG Alumni):
1.
After nearly 17 years of service
in the Canadian Armed Forces,
Major Sherry MacLeod will retire
on 16 October 2018.
2.
Sherry was called to the British
Columbia bar in January 2001,
and worked at a private law firm
in Nanaimo, British Columbia
until she enrolled in the CAF as
a legal officer in 2002.
3.
Over the years, Major MacLeod
has served in a wide variety of
legal positions including most
recently as a Deputy Judge
Advocate in the Prairie Region.
She worked as counsel within the
Office of the DND/CF Legal
Advisor; was as a Regional
Military
Prosecutor; and started her
career as a legal advisor in the
Directorate of Law/Human
Resources. She was fortunate to
be posted
to Colorado Springs where she
served as a Deputy Judge
Advocate. For her work on the
NORAD mission in Colorado
Springs she
was awarded a United States
Defense Meritorious Service
Medal.
4.
Major MacLeod was deployed to
Bosnia in 2005 in a
double-hatted roll as legal
advisor to both the NATO
Commander and
the Canadian Contingent
Commander. While there she
served as the NATO
representative on the Defence
Reform Commission
Legal Working Group. For her
service she was awarded the
Canadian Peacekeeping Service
Medal and a Non-Article 5 NATO
Medal for Operations in the
Balkans.
5.
She spent nearly a year deployed
to Afghanistan, in 2011 where
she served as the Deputy Chief,
Afghan National Army Legal
Development on the NATO Combined
Training Mission – Afghanistan.
For her work there she received
the Canadian General
Campaign Star – South-West Asia.
She was also awarded the United
States Meritorious Service
Medal.
6.
Finally she deployed to Kuwait
in 2016 as the Legal Advisor to
Operation Impact where she also
spent time working in
Baghdad and Erbil, Iraq. For her
service she was awarded the
General Service Medal
Expedition.
7.
Throughout her career, Sherry
has been immensely supported by
her husband, Grant, and her two
wonderful sons Rembrandt
and Harlan. Sherry and Grant
will be moving to Comox where
she plans to spend her
retirement gardening and
channeling her
inner hippie artist and
activist.
8.
Please join us in celebrating
Sherry’s military career on
Wednesday 3 October 2018 at the
Officer’s Mess in Winnipeg –
starting
at 1400hrs for a Depart with
Dignity ceremony that will start
at 1430hrs. Please RSVP your
attendance to Major Cynthia
Gaudreault
(cynthia.gaudreault@forces.gc.ca)
by 28 September 2018, indicating
your intent to attend the
ceremony. Congratulatory
messages,
anecdotes, photos or other
memorabilia are encouraged.
----------////
1. Au terme de tout près de 17
années de service au sein des
Forces armées canadiennes, Major
Sherry MacLeod prendra sa
retraite le 16 octobre 2018.
2.
Après avoir été reçu au Barreau
de la Colombie-Britannique en
janvier 2001, Sherry a pratiqué
le droit au sein d’un cabinet
privé à Nanaimo, en
Colombie-Britannique, jusqu’en
2002 lorsqu’elle a joint les FAC
à tire d’avocate militaire.
3.
Au fil des ans, Major MacLeod a
occupée plusieurs positions,
dont plus récemment celle de
Juge avocate adjointe pour la
Région des Prairies. Elle a
travaillé à titre de conseillère
au sein du Bureau du Conseiller
juridique du MND/FC, a servi en
tant
de procureure régionale
militaire et a débuté sa
carrière comme conseillère
juridique au sein de la
Direction juridique/Ressources
humaines. Elle a également eu la
chance d’être mutée à Colorado
Springs où elle a servi à titre
de Juge avocate adjointe. Pour
son
travail à Colorado Springs en
lien avec la mission de NORAD,
elle s’est vu décerner la
Médaille du service méritoire
des États-Unis.
4.
En 2005, Major MacLeod a été
déployé en Bosnie où elle a
rempli un double rôle en
agissant tant à titre de
conseillère juridique
du Commandant de l’OTAN et du
Commandant du contingent
canadien. Pendant ce
déploiement, elle a également
agi à titre de
représentante de l’OTAN au sein
du Groupe de travail juridique
de la Commission de réforme de
la défense. Pour son service,
elle
a reçu la Médaille canadienne du
maintien de la paix ainsi qu’une
Médaille de l’OTAN Non-article 5
pour les opérations dans les
Balkans.
5.
En 2011, elle a été déployée en
Afghanistan pour une durée de
près d’un an où elle a servi au
sein de la Mission
multinationale
de formation de l’OTAN en
Afghanistan en tant que Chef
adjointe, Développement
juridique de l’Armée nationale
afghane. En
reconnaissance de son travail,
elle s’est vu remettre l’Étoile
de campagne générale – Asie du
Sud-Ouest et la Médaille du
service
méritoire des États-Unis.
6.
Finalement, elle a été déployée
au Koweït en 2016 à titre de
conseillère juridique pour
l’Opération Impact où elle a
également
travaillé à Bagdad et Erbil, en
Irak. Pour son service, elle a
reçu la Médaille du service
général – Expédition.
7.
Tout au long de sa carrière,
Sherry a pu bénéficier du
soutien inébranlable de son
mari, Grant, ainsi que de ses
deux merveilleux
fils, Rembrandt et Harlan.
Sherry et Grant déménageront à
Comox, où elle planifie de
profiter de sa retraite afin de
jardiner et de
laisser libre cours à son côté
d’artiste hippie et d’activiste.
8.
Vous êtes invités à vous joindre
à nous pour célébrer la carrière
militaire de Sherry le mercredi
3 octobre 2018 au Mess des
Officiers,
à Winnipeg, dès 14h pour une
cérémonie de départ dans la
dignité débutant à 14h30.
Veuillez S.V.P. confirmer votre
présence auprès
de Major Cynthia Gaudreault (cynthia.gaudreault@forces.gc.ca)
au plus tard le 28 septembre
2018. Les messages de
félicitation,
anecdotes, photos ou autre
souvenirs sont grandement
encouragés.
___________"The Nijmegen Marches: A Test of Endurance, Leadership
and Teamwork", (2005) 1 JAG Les actualités -- Newsletter
13-14;
___________on Sherry MacLeod, see "Sherry Macleod", UVicLaw News,
Fall 2005-Winter 2007 at pages 48-49; available at uvic.ca/law/assets/docs/news/lawnews20052007.pdf
(accessed 2 December 2019);
MacMILLAN, Billy Matthew (Matt), legal officer with the OJAG,
admitted to the Nova Scotia Bar in 2018; see the Nova Scotia
Barristers' Society Bar Admission Ceremony 2018, Halifax, 15
June 2018, available at http://nsbs.org/sites/default/files/ftp/CallToTheBarProgram2018.pdf
(accessed 27 September 2018);
BILLY
MATTHEW MACMILLAN is the son of Billy and Pearl MacMillan
of
Stellarton, is married to Amber Comisso, and is the proud
father of Tessa and Mia
MacMillan. Matt received a Bachelor of Arts in business
administration from the
Royal Military College of Canada, and his law degree from
the Schulich School of
Law in 2017. He articled with Roger Strum of the Office of
the Judge Advocate
General and Brad Sarson of Nova Scotia Legal Aid in
Halifax. He will be a legal
officer in the Canadian Armed Forces.
Amber Comisso and Matt MacMillan, 2009, both are RMC
graduates 2001.
MacMILLAN, J.M. (James M.), Major, legal officer, member of the
OJAG, Deputy Judge Advocate Central and Assistant
Counsel for Her Majesty the Queen in the case of R. v. Captain
L.M. Paquette, 1997 CanLII 17819 (CA CM), <http://canlii.ca/t/gtnsg> (accessed 10 May 2018);
James MacMillan, retired legal officer interviewed in the video
___________on LCol (retired) James MacMilliam interviewed in the
video with the article of 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);
___________photo of LCol J. MacMillan, legal officer:
source:(2006) 1 JAG Les
actualités -- Newsletter at p. 11
JAG Recognition... October 27, 2005--CD1 (22 years
of service) presented to
LCol J. MacMillan, Maj D.
McGowan, Maj R. Stoney and Sgt G. Taillon
(with MGen
Jerry Pitzul in his blue uniform in the middle)
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
MacPHERSON, J., "Developments in Constitutional Law: The 1978-79
Term", (1980) 1 Supreme Court Law Review 77 at 111; may
comment on the MacKay decision [1980] 2 S.C.R 370; research on
this point started on 17 March 2019;
MacPHERSON, J. Pennington (James Pennington), 1839-1916, A
Catechism on Military Law as Applicable to the Militia of Canada
: Consisting of Questions and Answers on the Militia Act, 1883,
Rules and Regulations for the Militia, 1883 ... Together with a
Compilation of the Principal Points of the law of Eidence,
Montreal : J. Lovell, 1886, 191 p.; available at http://www.archive.org/details/cihm_11790
(accessed on 5 January 2011);
___________research note: MacPHERSON, J. Pennington (James
Pennington), 1839-1916, is the author of Life of the Right
Hon. Sir John A, Macdonald, St. John, N.B., Earle Pub.
House, 1891, 2 volumes frontispieces, plates, portraits 23 cm;
MacPherson was his nephew;
MacPHERSON, L., Captain, member of the OJAG, appears as co-counsel
for the prosecution in the court martial case of Hunt C.D.L.
(Captain), R. v., 2019 CM 4009 (CanLII), <http://canlii.ca/t/j0vw3>
;
MacPHERSON, Matthew, Captain, member of the OJAG, reserve force;
he attended the 2019 mandatory legal officer qualification course
at Canadian Forces Military Law Centre, CFB Kingston, see Access
to Information Act, DND Acess to Information and Privacy letter
dated 12 June 2019, File A-2019-00289;
___________on MacTAVISH, Captain D.K., see "RCN Veteran
Senator Killed", The Crowsnest, vol. 15, number 12, December
1963, at p. 11, available at http://www.sous-marin.ca/crowsnest/1963-12.pdf
(accessed 28 February 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
MacTAVISH, Kenneth Duncan, Captain (SB) - Officer
- Order of the British Empire (OBE)
- RCNVR / Deputy JAG Navy -Awarded as per Canada Gazette of
5 January 1946 and London
Gazette of 1 January Home: Rockcliffe, Ontario. MacTAVISH.
Duncan Kenneth, , LCdr(SB)(Temp)
[1.7.41] RCNVR, Cdr(SB)(Temp) [1.1.44] A/Capt(SB)(Temp(WHA)
OBE~[5.1.46] Demobilized [ ]
"This Officer contributed greatly to the Canadian Naval
Service by his legal knowledge and its
application to Naval matters. His appointment as Assistant
Judge Advocate General, Deputy Secretary
of the Naval Board and from December 1942 until his
retirement in August 1945 as Deputy Judge
Advocate General (Navy), were filled with superlative
efficiency. His high personal qualities, his tact
and tolerance, have won him the respect and admiration of
all with whom he came in contact."
___________on MacTAVISH, Duncan K., see "Senator campaigned for 3
prime ministers", The Ottawa Citizen, Monday, 18 November
1963 at p. 3; source: Retrieved
from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2338578464?accountid=46526,
accessed 30 April 2020;
___________on MacTAVISH, Lieutenant-Commander Duncan K., 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;
MADDEN, Mike, "Comparative Cherry-Picking in a Military Justice
Context: the Misplaced Quest to Give Universally Expansive Meaning
to International Human Rights", Dalhousie University--Schulich
School of Law, 18 February 2014; ; available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2397734
(accessed on 2 August 2014); now published in (2014) 46 George
Washington International Law Review 713-763, available
at http://docs.law.gwu.edu/stdg/gwilr/PDFs/46-4/1%20Madden.pdf
(accessed on 6 January 2015);
Abstract
This article identifies, describes, and provides two
military justice examples of a
phenomenon that is labeled as "comparative
cherry-picking," whereby scholars
and jurists rely upon extra-jurisdictional law in their
efforts to promote more expansive
human rights protections. The article then discusses some
of the seemingly overlooked
pitfalls of the comparative cherry-picking phenomenon,
including treaty denunciation,
"cheap talk", human rights backsliding, and desuetude –
all of which could result in
counter-productive advocacy strategies on the part of
human rights activists, when
increases to international human rights standards lead, in
turn, to decreases in levels
of state protection of human rights. Thus, in addition to
demonstrating the flaws with
the comparative cherry-picking phenomenon as a matter of
positive international law,
this article also ultimately demonstrates how the
phenomenon can be damaging to
the cause of those who care about human rights
protections.
___________ “First Principles and Last Resorts: Complications of
Civilian Influences on the Military Justice System”, (2009)
9(3) Canadian Military Journal
49-57, available at http://www.journal.forces.gc.ca/vo9/no3/08-madden-eng.asp
(accessed on 28 August 2009); also available at SSRN:
http://ssrn.com/abstract=1373671, see http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1373671
(accessed on 28 August 2009); FRANÇAIS : ___________"Principes premiers et derniers recours :
complications nées des influences civiles sur le système de
justice militaire", (2009) 9(3) Revue
militaire canadienne 49-57, disponible à http://www.journal.forces.gc.ca/vo9/no3/08-madden-fra.asp
(vérifié le 28 août 2009);
Image
source:
http://mdlo.ca/wp-content/uploads/2016/01/2015-Conference-Proceedings.pdf,
accessed 22 January 2016
Mike Madden
___________"A Model for Excluding Improperly or
Unconstitutionally Obtained Evidence"(January 12, 2015) Berkeley
Journal of International Law (BJIL), Forthcoming; available
at SSRN: http://ssrn.com/abstract=2548851
, accessed 1 December 2015;
Discussion on perfidy in IHL, particularly as the
concept is applied to deceptive lighting of warships at
sea. An analysis of conventional and customary IHL
will demonstrate that many ambiguities and grey areas exist in
the laws that purport to distinguish between permissible ruses
of war and illegal acts of perfidy.
An investigation into the practice of deceptively lighting
naval vessels during armed conflicts will reveal that some
more careful analysis of the practice might
be necessary for Canadian naval commanders if they wish to
avoid violating perfidy prohibitions.
(source: http://web.archive.org/web/20120119140132/http://www.icrc.org/eng/assets/files/2011/ihl-bibliography-2nd-trimester-2011.pdf,
p. 22, accessed 16 March 2015)
Image
source: https://global.oup.com/academic/product/journal-of-conflict-and-security-law-14677962?cc=ca&lang=en&,
accessed 28 September 2016
__________"Of Wolves and Sheep: A Purposive Analysis of Perfidy
Prohibitions in International Humanitarian Law", (2012) 17(3) Journal of Conflict and Security Law
439-463; title noted but article not consulted (3 July 2016);
Abstract
A combatant in an armed conflict, like a wolf in
sheep’s clothing, can seek to gain a tactical or strategic
advantage by resort to deception and trickery.
International Humanitarian Law (IHL), however,
distinguishes between permissible ruses of war and illegal
acts of perfidy. How, then, should combatants
conduct themselves so as to avoid violating IHL’s perfidy
prohibitions? This article argues that belligerents should
interpret prohibitions against perfidy
in a purposive manner (looking to causative links that may
exist between perfidy and harm) in order to avoid eroding
the protection that IHL affords to
designated groups. A close analysis of potentially
perfidious land, air and sea combat practices will further
reveal that some accepted practices may
need to be reassessed and/or ceased if States wish to
comply with purposively interpreted perfidy prohibitions.
(source: http://jcsl.oxfordjournals.org/content/17/3/439.abstract,
accessed 4 July 2016)
___________on MADDEN, Mike and his
publications on SSRN (accessed 5
January 2021);
Mike Madden
is a PhD in Law candidate at the
University of Ottawa Centre for Law, Technology and
Society, under
the supervision of Prof. Elizabeth
Judge.
Mike Madden’s research focuses on the use of
computer-based Natural Language Processing techniques,
together with elements
of applied linguistics theory, as a means of assessing
the readability and comprehensibility of various
sources of law and legal information.
Mike Madden completed both his LLM and MA in English
at Dalhousie University. He has published widely in
law journals from around
the world, primarily on topics relating to criminal
law and procedure, international law, evidence law,
military law, and judicial/appellate
review. His publications have been cited by all levels
of court in Canada, including two articles that have
been cited by the Supreme Court
of Canada (in 2016 and 2019).
Prior to commencing his PhD, Mike Madden spent 25
years in the Canadian Forces where he first served as
an Artillery Officer, then
as a Naval Operations Officer, and finally as a Legal
Officer within the Office of the Judge Advocate
General. In this last capacity, he
was frequently the lead instructing counsel and policy
architect for Bills proposing legislative amendments
to the National Defence Act,
such as Bill C-77, an Act that fundamentally
transforms the Canadian Forces’ summary trial system
into a non-criminal, non-penal
forum for maintaining military discipline. His last
posting was as the Director of Military Personnel Law,
where he was the senior legal
advisor to the Canadian Forces’ Chief of Military
Personnel (essentially the Chief Military Human
Resources Officer), providing legal
advice and support in respect of diverse military
administrative, employment, and human rights law
questions.
Image
source: https://journals.uvic.ca/index.php/appeal/issue/view/937/showToc,
accessed 28 September 2016
MADDEN, Mike and J. Jason Samson. “Entrench the Bench! Canada’s
Pressing Need for a Permanent Military Court.” (2009) 55 The Criminal Law Quarterly 215-239;
with
the same title at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1473451
(accessed on 6 July 2010);
Contents -- 1. Modest beginnings --
2. In defence of Empire -- 3. Coming of age -- 4. Total war -- 5.
Under the National Defence Act -- 6. A gradual slide --
Conclusion: Beyond Somalia -- Appendices: 1. Judge Advocate
Generals of Canada -- 2. Courts martial in the Canadian Armed
Forces under the National Defence Act.
When Madsen applied for the defence department's R.B.
Byers Fellowship at the end of 1995, officials were making
erroneous statements about Canadian military
history by declaring the Somali incident to be the
first of its kind.
"It just wasn't true," Madsen says. "Military history is
one of these areas they've ignored . . . . These aren't new
problems."
Canadian soldiers have been involved in other criminal
acts, including the rape of civilians in the Korean war, and
the murder of nine prisoners in the Boer War.
Madsen says the army tends to assign blame to individuals
and look no further. His report, however, will propose
several systemic changes.
Parliament must, he says, take a more active role in
shaping defence policy and limit the role of bureaucratic
"mandarins." One question that's never been
satisfactorily addressed is why Canadian soldiers --
particularly an airborne regiment -- were in Somalia in the
first place. Just because Canada has a history of
peacekeeping involvement doesn't mean the military should
take on every assignment that comes up, he says.
A reorganization of the Judge Advocate General's office,
the main unit in the defence department that deals with
legal matters, would prevent some of the
"stagnation" that has reduced the office's
effectiveness, he says. For example, bringing in civilian
lawyers would help in such areas as real estate law,
international law and contracts.
"There is a myth that soldiers can only talk to other
soldiers," Madsen says.
___________"The Canadian Army and the Maltreatment of Civilians:
The Korean Example", unpublished paper presented at the Qualicum
History Conference, 5 February 1994; title noted in WATSON, Brent
Byron, Far Eastern Tour: The Experiences of the Canadian
Infantry in Korea, 1950-53, infra, at p. 380,
footnote 55 (thesis) and p. 215, note 54 (book form);
Image
source: http://www.riverwashbooks.com, accessed on 6 January 2015
___________"Courts Martial in the Royal Canadian Navy,
1951-1967", in Richard Howard Gimblett, 1956-, and Richard
O.(Richard Oliver) Mayne, 1971-, eds., People, Policy and Programmes:
Proceedings of the 7th Maritime Command (Marcom) Historical
Conference (2005) / Des Personnes, des politiques et
des programmes: actes de La 7e Conférence du Commandement
Maritime (Comar) Sur L'Histoire Militaire (2005),
Ottawa: Canadian Naval Heritage Press, 2008, 287 p.; ISBN: 0662480503; 9780662480501; copy at University of
Ottawa, FC 231 .M37 2005;
___________"Legal Education in the Canadian Forces
from Historical and Contemporary Perspective", Paper
presented on a Continuing Legal Education (CLE) panel “The State
of Military-Legal Education in Canada” at the Canadian Bar
Association Canadian Legal Conference and Expo in Vancouver,
British Columbia on 16 August 2005, 30 p.; available at http://www.cba.org/cba/annualmeeting/pdf/2005_madsen.pdf
(accessed
on 23 July 2008);
Because each nation has different laws and traditions, it
is hard to make generalizations about military justice
applicable to all, though commonalities
certainly exist. Each armed forces is unique in character,
and even within those, individual service environments may
have distinct attitudes and methods
in regard to the maintenance of discipline. The historical
trend has been toward greater uniformity across armed
forces and closer mirroring of civilian
criminal jurisprudence, in response to societal change.
Reform of military law periodically becomes an issue when
it falls too far behind or when some
particular event happens that shakes public confidence in
the military. Sherrill 1970 notes the practical nature of
military justice as a separate form of
legal jurisprudence that serves the particular needs of
militaries in being operationally effective. Bishop
1974 describes the public pressure that can build
when doubts are raised about militaries that have not
performed according to expectations and the disappointment
in the administration of military justice.
Many writers are critical of military justice, premised
either on the need for improvement or on the backwardness
and supposed conservatism of military
institutions. Other writers focus on the general aim and
mechanics of military justice (for our purposes here, as
practiced in the United States; other nations
have similar how-to works). Davidson
1999 provides a basic guide to the practice of
military criminal law geared toward a predominantly
nonlegal audience,
especially those either in or entering the military
profession. Morris
2010 meets a similar need and, in focus and content,
reflects the broader interpretation
given to military justice today compared with earlier
decades. Military justice, or rather military legality,
touches upon many operational matters of interest
to militaries, because the requirement for discipline and
good behavior in the military context cannot be divorced
from the core mandate of armed forces.
Historical treatment of military justice is still catching
up to this broader focus and to changes to military law
itself. It is a very specialized field that requires
some knowledge of the law and how it has been practiced in
armed forces over time. In the early 21st century, good
overviews focused on the history are yet
to be written.
[source: http://www.oxfordbibliographies.com/view/document/obo-9780199791279/obo-9780199791279-0045.xml#obo-9780199791279-0045-bibItem-0002,
accessed 10 January 2016]
___________Military
law and operations, Aurora (Ontario): Canada
Law Book, c2008-, three loose-leaf volumes, 26 cm.; Updated once or twice a
year, ISSN:1918-2236;
copy at the Supreme Court of Canada Library KF7210 ZA2
M33 2008 (Room E); copy at Montreal Court House, reference: KE 6800 M183 Cour; copy at Parliament
Library and copy at Library and Archives Canada;
see 2011 detailed Table of
Contents; see recent 2016 Table
of Contents; IMPORTANT
CONTRIBUTION;
"CONTENTS: pt. 1. Defence, armed forces and
military law: ch. 1. Historical antecendents -- ch. 2. Military
justice -- ch. 3. Civilian oversight --
ch. 4. Legal issues in the Canadian Forces -- pt. 2. Legal
dimensions of operations: ch. 5. Domestic versus international
operations --
ch. 6. Status of forces -- ch. 7. Use of force -- ch. 8.
Protected persons and war crimes -- Appendices: Legislation --
Courts martial lists --
Digests -- Operational documents."
___________on Chris Madsen, see HARRIS, Greg, "Canada's
troops lack solid grasp of military law", University of
Calgary Gazette, 28 April 1997, vol. 27, number 2; article
about the work of Chris Madsen; available at (accessed 3 March
2017);
Giving Canadian soldiers a stronger grounding in
military law would help prevent other tragedies like
Somalia, says a U of C post-doctoral fellow.
Chris Madsen, a research fellow in the U of C's
Strategic Studies Program, will make that recommendation
and others in a report to the Department of National
Defence in August.
He says the torture and murder of Somali teen Shidane
Arone in 1993 can be seen, in part, as "symptomatic of a
training deficiency.
"The Canadian army calls itself a professional force,
but somewhere along the line they forgot professionalism
is something you continually have to work on," says
Madsen.
A soldier's knowledge of military law tends to begin and
end with rules of engagement, but proper interpretation of
those rules requires a sound knowledge of military law, he
says. And in the last 30 years, there has been a "gradual
slide" in the way military law has been taught to service
personnel.
When Madsen applied for the defence department's R.B.
Byers Fellowship at the end of 1995, officials were making
erroneous statements about Canadian military history by
declaring the Somali incident to be the first of its kind.
"It just wasn't true," Madsen says. "Military history is
one of these areas they've ignored . . . . These aren't
new problems."
Canadian soldiers have been involved in other criminal
acts, including the rape of civilians in the Korean war,
and the murder of nine prisoners in the Boer War.
Madsen says the army tends to assign blame to
individuals and look no further. His report, however, will
propose several systemic changes.
Canadian newspapers, after interviews with former
Canadian officers and other witnesses, presented strong
evidence of active Canadian participation in the execution.
Conseqently, Brigadier William J. Lawson, then Judge
Advocate General, appointed Group Captain J.H. Hollies to
undertake a full departmental investigation. This
military legal officer searched relevant Canadian documents,
and made a three-day whirlwind trip to West Germany.
Based on Hollies' findings, an embarrassed Hellyer
confirmed, in the House of Commons on 21 December 1966,
Canadian involvement in the execution, but suggested "that
in view of the fact it is now over 20 years since
the war ended, nothing is to be gained by carrying this
matter further." [p. 108, footnotes omitted]
MAGUIRE, John C. (John Campbell), 1957-, "Fashioning an Equitable
Vision for Public Resource Protection and Development in Canada:
The Public Trust Doctrine Revisited and Reconceptualized, (1997)
7(1) Journal of Environmental Law and Policy 1-42;
___________on MAGUIRE, Commander John, see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa
: Office of the Judge Advocate General, c2002, at pages 139 and
141, available at 103-242;
___________on MAGUIRE, Commander John, see Pugliese, David, "Rank
injustice: Seven cases from Canada's military: A Nine-Part
Report", The Ottawa Citizen, 12 October 1999, at p. 12;
Some worry that the Defence Department is further
ensuring that outsiders can't see how it investigates itself
with recently announced changes to the military justice
system. Those changes give the Canadian Forces, for
the first time, the jurisdiction to try sexual assault cases
involving military personnel in Canada.
But Cmdr. John Maguire, who was involved in the
development of the new policy changes in the military
justice system, said the Defence Department decided it
needed jurisdiction over sex assaults because such
incidents are damaging to a unit's cohesion and impair
military efficiency. He said the NIS is in charge of
investigating sex assaults.
Court martial rulings, he also pointed out, are often
more harsh than civilian courts in dealing with sexual
assault.
Cmdr. Maguire also dismissed concerns that because those
in the military justice system wear a uniform
and salute senior officers, there is a lack of
independence. "We have a strong sense of duty to uphold
law,"
he said. "We are obliged under regulation to enforce law.
Every member of the (Canadian Forces) is required
to report infractions. There is a code of ethics."
Paul Cluff, journalist, image source:
https://ca.linkedin.com/in/paulcluff
After earning a
Bachelor of Arts, Bachelor of Laws and a Masters Degree
in Law,
Maguire served
as a prosecutor in Atlantic Canada and as defence
counsel at Canadian Forces Europe bases in Germany.
He was deployed
to the Arabian Gulf – the first legal officer since the
Korean War to serve on active service with a Naval Task
group.
Maguire was
deployed in Bahrain during the Gulf War as legal advisor
to the Commander of the Canadian Forces Middle East.
In the late
1990’s, he played a formative military justice policy
development role in the post-Somalia inquiry
transformation of
Canada’s military justice system.
That led to some
of the most sweeping set of reforms to Canada’s National
Defence Act since 1950 and modernization of the trial
system and Court Martial Appeal Court Rules.
After serving in
Ottawa for a year as the special assistant to the JAG,
Maguire returned to Halifax in 2001 to become the
Assistant
Judge Advocate for the Atlantic Region.
Responsibilities entailed the provision of legal advice
and services for all aspects of military
law to all sea, land and air units of the Canadian
Forces in the Atlantic provinces.
He received a
JAG Commendation for supporting the Commander of the
Maritime Forces Atlantic in response to the 9/11
terrorist
attacks and follow-up on naval deployments to the
Persian Gulf.
Maguire was
deputy legal advisor to the NATO commander,
Stabilization Force in Bosnia and received Commendation
for his work
on law reform there, from U.S. Lieutenant-General
William Ward.
Back in Canada,
Maguire worked for the Department of Justice’s Legal
Service Unit, responsible for claims and civil
litigation. He
later became a Deputy Judge Advocate General/Operations,
responsible for the provision of all operational legal
advice and
services by legal officers deployed to Afghanistan,
Congo and Sudan. Maguire deployed to Afghanistan to
provide mission-critical
legal advice on targeting, use of force, detainee
transfer, and other issues to the Commander, Commander
Joint Task Force Afghanistan.
In recent
years, he served as head of the independent Canadian
Military Prosecution Service, supervising a number of
legally ground breaking, high profile cases. In 2010, he
became the first regular forces legal officer to appear as
Crown
Counsel before the Supreme Court of Canada.
___________on Maguire, John see the following article written with
the JAG: PITZUL, Jerry S.T., Brigadier-General, and John C.
Maguire, Commander, "A Perspective on Canada's Code of Service
Discipline", JAG Newsletter, Vol. IV: Oct-Dec 1999,
pp. 6-16; "Originally presented: Saturday, August 1, 1998 ABA
Annual Meeting General Practice and Small Firm Section Toronto
Canada"; the article has three parts: "A. The Development of
Canada's Military Justice System to 1950"; "B. Subsequent
Developments in Canadian Military Law"; and "C. The Future:
Canadian Military Justice in the 21st Century"; also published
in Eugene R. Fidell and Dwight Hall Sullivan, eds., Evolving
Military Justice, Annapilis (Md.): Naval Institute Press,
2002, at pp. 233-245, ISBN: 1557502927, limited preview available
at http://books.google.com/books?id=G3tYljWV_zEC&printsec=titlepage&dq=%22canadian+military+law%22&lr=&as_brr=3&source=gbs_toc_s&cad=1#PPA233,M1
(accessed on 9 July 2008); with the same title in (2002) 52 The Air Force Law Review
1-15, available at http://www.afjag.af.mil/library/index.asp
(accessed on 12 January 2012) and http://www.accessmylibrary.com/archive/4897-air-force-law-review/january-2002.html
(accessed on 29 January 2011); with same title in 1 Modern
Legal Systems Cyclopedia § 1.30.5 (Kenneth Robert Redden
& Linda L. Schlueter, eds., 2000); FRANÇAIS :
__________sur Maguire, John vois l'article qu'il a écrit avec le
JAG: PITZUL, Jerry S.T., Brigadier-général et John C.
Maguire, Commander, "Une perspective sur le Code de discipline
militaire du Canada", JAG
Bulletin d'actualités, Volume IV, octobre-décécembre
1999, pp. 17-28; "Présentation originale: Samedi, 1er août
1998 Réunion annuelle de ABA Section des études de pratique
générale et des petites entreprises Toronto (Canada)"; l'article
comprend trois parties: "A. L'évolution du système de justice
militaire du Canada jusqu'en 1950"; "B. Développements subséquents
du droit militaire canadien"; "C. L'avenir: la justice militaire
canadienne au 21e siècle";
Cdr John Maguire receiving his diploma of achievement for the OPDP
program from BGen Pierre Boutet, JAG, image source: JAG
Newsletter/Bulletin d'actualités du JAG, volume 1, Part 1,
Jan-Feb 98 (posted 21 December 2016)
___________Out of Conflict: A
Principled Vision for the Future of the Crown-Aboriginal
Fiduciary Relationship, LL.M. thesis, Dalhousie
University, 1997, x, 396 p.; available at http://www.nlc-bnc.ca/obj/s4/f2/dsk2/ftp04/mq24876.pdf
(accessed on 3 March 2012); Captain (N) Maguire was appointed
Director of Military Prosecutions (DMP) by the Minister of
National Defence on 19 September 2009;
[Abstract]
In this thesis the attempt is made to formulate a workable
definition of the Crown-Aboriginal fiduciary relationship and the
nature of the duties
it imposes having regard to the undertaking which is presumed to
exist at the heart of the relationship. To that end, the Crown's
"general" duty
of loyalty, with its attendant requirement to avoid a conflict of
interest, is distinguished from the more "specific" duties which
may arise whenever
the Crown purports to exercise a discretion in relation to
particular Aboriginal interests. A consideration of the
effectiveness of the fiduciary
construct in this area is also undertaken through an assessment of
the manner in which Canadian courts at al levels have approached
the requirement
to apply fiduciary principles to the Crown-Aboriginal
relationship. The case summaries presented highlight a number of
theoretical and practical
problems which the courts have yet to address fully. The courts'
response to the no-conflict rule is of particular concern in view
of the manysources
of conflict in the modern Crown-Aboriginal relationship. (Abstract
shortened by UMI.) (source: AMICUS catalogue)
___________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:
MAGUIRE, Percy H. (Percy Hathaway Banks), 1899-1984, "The
Honourable Percy H. Maguire --1962-1974 Justice of the Saskatchewan
Court of Appeal", available at https://sasklawcourts.ca/index.php/percy-h-maguire
(accessed 22 March 2019);
Percy H. Maguire was born in Elgin, Manitoba, on
October 14, 1899. His family moved to Saskatchewan
in 1910, and he attended high school in Saskatoon. In 1918
he enlisted in the Royal Air Force and then
entered the University of Saskatchewan, graduating with a
Bachelor of Arts degree in 1921 and a law
degree in 1924. Mr. Maguire was admitted to the Bar in 1924
and spent the following year studying as a
special student at Harvard Law School.
From 1925 to 1936, he practiced in partnership with
Carroll, Sheppard & Maguire. In 1936, he and
Emmett Hall formed their own law firm in Saskatoon. In
1937, Mr. Maguire was appointed King’s Council.
He practiced law in Saskatoon until he was appointed to
the Court of Appeal in 1962.
During the Second World War, he served
for a time as acting City Solicitor. He also served
for four years in Ottawa in the Judge
Advocate-General’s office for the Canadian Army.
Mr. Maguire was discharged in 1946 with the rank of
Major.
During his years in Saskatoon, Mr. Maguire was active in
civic affairs and was a member of many service
clubs. He served as vice-president of the Saskatchewan
chapter of the Canadian Bar Association in 1959
and 1960, and served as the president of the Saskatoon Bar
Association. He was also one of the first
directors of the Saskatoon Hilltops.
Justice Maguire served on the Court of Appeal until his
retirement in 1974. He passed away on November 19,
1984.
[Emphasis in bold and oversize added by François Lareau]
___________on MAGUIRE, Percy H. (Percy Hathaway Banks), see
his death notice in The Leader-Post, Regina, Wednesday, 21
November 2020, at p. 51, available at
https://www.newspapers.com/image/...., accessed 27 June 2020;
-------------
(1)
(2)
(3)
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: http://cbmllp.com/portfolio/john-mah/,
accessed 16 August 2016
MAH, John, former JAG officer; Lieutenant-Colonel
in the Canadian Armed Forces Reserve;
John Mah, Q.C., is a partner in the law firm
Chomicki Baril Mah LLP in Edmonton, Alberta, and Hong Kong.
He is a Lieutenant Colonel in the Office of the Judge
Advocate General (JAG) in the Canadian Forces. He is
also a past Governor of the University of Alberta and past
National Chair of the Hong Kong-Canada Business
Association. He was the first Chinese Canadian to be
appointed as Chancellor of the Priory of Canada of the
Most Venerable Order of the Hospital of St. John of
Jerusalem. In 2009, he was promoted to Bailiff Grand
Cross, the highest grade of the Order.
Image
source: https://gowlingwlg.com/en/canada/people/erica-maidment,
accessed 14 May 2016
Erica Maidment
____________"New Legal Aspects of Canadian Involvement in the
Private Military Industry", (2010) Can. L. Libr. Rev. 70-77;
title noted in my research but article not consulted yet (23
September 2015); Ms. Erica Maidment is an Associate at Gowling WLG
(Canada) LLP;
Résumé
Jusqu'à présent, les obligations juridiques des états
utilisant les compagnies militaires privées pour défendre
leurs forces militaires publiques n'étaient pas très
définies.
Récemment, des initiatives internationales telles que
"Montreux Document" et le "Draft International Convention on
the Regulation, Oversight and Monitoring of Private Military and Security Companies" ont
tenté de clarifier le droit afin de réduire les risques
posés par l'utilisation de compagnies privées dans un rôle
militaire. Cet article
cherche à situer le Canada dans ce cadre juridique amilioré
et à fournir un point de départ à des recherches futures
dans ce domaine.
[source pour le résumé: https://biblio.caij.qc.ca/recherche#q=(military%20law)&first=10&t=biblio&sort=relevancy&m=detailed&i=5&sb=advanced&bp=results,
site consulté le 24 septembre 2017]
MAIER, Christopher M. (Michael), Liberal
rights and citizen soldiers : a Rawlsian treatment of the
rights of soldiers ; thesis (M.A.)--University of
Victoria, 2003; available at http://www.collectionscanada.gc.ca/obj/s4/f2/dsk4/etd/MQ82503.PDF
(accessed on 16 April 2012);
Ilario Maiolo is a lawyer and
part-time-professor at the University of Ottawa.
Previously, he worked for the Canadian Red
Cross as Senior Legal Advisor before becoming the Director
of government relations, policy and international human
rights.
Before joining the Red Cross, Ilario worked as a
Consultant for Global Affairs Canada. He also gave
conferences in
universities across Canada on the themes of international
human rights and international law regarding natural and
human
disasters and published two articles on this matter.
Ilario is a member of the Barreau du Québec and the Law
Society of
Ontario. He studied at the University of Ottawa and is
licensed in civil (LL.L.) and Common Law (LL.B.). He also
holds
a masters degree in international law from the University
of Geneva.
The course addresses the philosophy, principles and
practical application of International Humanitarian Law
(IHL).
Also known as the law of war, or the law of armed
conflict, international humanitarian law consists of the
international
rules governing the conduct of hostilities, the methods
and means of warfare, and international rules designed to
protect
the victims of armed conflict. The course will begin
by placing international humanitarian law within a broader
theoretical and legal context. The course will consider
the historical development of IHL, its sources and its
fundamental
principles, such as the principles of humanity, military
necessity, distinction between civilians and combatants,
and proportionality.
The course will then examine specific conventions and
issues, including the four 1949 Geneva Conventions and their
historical antecedents; the 1977 Protocols; and the laws of
the Hague. Students will then be called upon to consider
some
contemporary challenges, such as the legality of the use of
nuclear weapons; the environmental consequences of armed
conflict; the emergence of cyberwarfare; the protection of
journalists, humanitarian agencies and peacekeepers; the
status
of ‘unlawful combatants’; the protection of cultural
property; and the specific protection of women and children.
Afton Maisonneuve
Image
source: twitter.com/Nouvelles_ABC/status/1000032074416373760,
accessed 19 November 2018
Afton Maisonneuve receiving the award certificate
Congratulations to Afton Maisonneuve, this year’s
recipient of the Sword & Scale Essay Contest run by
the Military
Law Section of the Canadian Bar Association. The prize is
presented annually for the best scholarly paper in Canadian
military law or justice, public policy or public affairs
related to Canadian military law and regulation touching on
military law or national security.
Her essay “Neither Charity nor Special Treatment:
Amendments to Sustainably Modernize the Canadian Forces
Members and Veterans Re-establishment and Compensation
Act” provides a chronological overview of important
amendments to the Veteran’s Charter and a discussion of
future proposed amendments as well as a commentary on
the practical challenges surrounding Veteran benefits.
Image
source: ottawacitizen.com/news/local-news/ottawa-judge-lise-maisonneuve-named-chief-justice-of-ontario,
accessed 16 November 2015
Lise Maisonneuve
MAISONNEUVE, Lise
is the chief justice of the Ontario Court of
Justice since May 2015.
She
has an important
background in military
law:
She
was also a member of the Oversight Working
Group for the Department of National
Defence;
Advisor to the Military Police and
Investigative Services Reorganization
Steering Committee and
to the Military Police Services Review
Group; Advisor to the Minister of National
Defence’s
Committee on Change in the Department of
National Defence and Special Legal Advisor
to the
late Chief Justice of Canada Brian Dickson
on various military investigations.
(see commonlaw.uottawa.ca/en/alumni/common-law-honour-society/announcing-2015-common-law-honour-society-inductees),
accessed 16 November 2015)
You
can consult part of this background in the
following documents:
[research
note: posted on Francois Lareau's military blog
on 16 November 2015; amended 13 January 2016]
Carl Miguel Maldonoto, source de l'image: tva.canoe.ca/emissions/lavoix/candidat-ligne-du-temps/carl-miguel-maldonado,
consulté le 6 janvier 2019
MALDONOTO, Carl Miguel, Les sociétés militaires privées et le
droit international contemporain: enjeux et perspectives en
matière de responsabilité, mémoire présenté comme exigence
partielle de la maitrise en droit international, Université du
Québec à Montréal, mars 2017, vii, 149 p.; disponible à https://archipel.uqam.ca/9895/1/M15018.pdf
(consulté le 6 janvier 2019);
Sean M.
Maloney, image source: Facebook,
accessed on 12 May 2014
MALONEY, Sean M., " 'A Mere Rustle of Leaves' : Canadian Strategy
and the 1970 FLQ Crisis", (December 2000) Canadian Military Journal; available at http://www.revue.mdn.ca/vo1/no2/doc/71-84-eng.pdf
(accessed on 25 June 2012);
___________"Purple Haze: Joint Planning in the Canadian Forces
from Mobile Command to J-Staff, 1975-1001 (Part 1)", (Winter
2002-2003) 5(4) The Army Doctrine and Training Bulletin.
56-72, available at http://publications.gc.ca/collections/Collection/D12-9-5-4E.pdf
(accessed 14 May 2019);
It took another year, almost 21/2
years after the initial directive had been implemented, to finalize a
CF command and control policy. The exact reasons why the process was drawn out are obscure, but
it appears as though there were snags discovered by the judge advocate general staff over the exact
legal authority of the Chief of the
Defence Staff to command. At one
point it even appeared that
the Chief of the Defence Staff might only have
the authority to advise in the command
of the CF
as opposed to actually doing
so. [at p. 61]
When it comes to the mercy kill incident in October 2008
that would change his life, Semrau abruptly and briefly
switches to reprinting what is available in the public
record from his court martial, deliberately declining to
provide a
firsthand account. In an interview with CBC in September
2012, Semrau asserted that some memories were difficult to
deal with, and that that particular incident is something
he was not willing to talk about. But at the same time, he
writes
that he felt he was unfairly not provided with a right
during his court martial to recount what had happened. But
neither
does he do it in the book – and this is very odd.
Semrau holds the investigative process that led to his
demotion and dismissal in extremely low regard. He
wonders if any of the ive members of his court martial
had “ever been shot at”, “heard a bullet” or “been
literally soaked
in another man’s blood, or held a fellow soldier as he was
dying.” These are powerful words, but they lack
explanatory
power as to why he continues to not provide us with his
side of the story. He does not provide the reader with the
details
of that particular incident, and thus the reader cannot
fully ever – while perhaps wanting to – empathize with him
and
his actions. Perhaps he did not want to use the dead
insurgent as an excuse for his behaviour in an issue that
became so
politicized, saying that the “truth of that moment will
always be between me and the insurgent.” Or perhaps he
invokes
a battleield exceptionalism, in line with those who
believe that those who have experienced the reality of
combat stand
apart from those who have not. (p. 42)
image and information source: mhs.mb.ca/docs/people/tritschler_ge.shtml The judge was former Col. George Tritschler, from the JAG, who later became the Chief Justice of the Manitoba Court of Appeal.
Article: Presse canadienne, "Mme Stevenson
acquittée de l'accusation d'avoir tué son bébé
d'un mois", La Presse, jeudi, 7 février 1957, à la
p.3, article disponible à: collections.banq.qc.ca/ark:/52327/2877306 (consulté
le 1er avril 2018);
MANSOUR, Diana, Captain, member of the OJAG, reserve 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;
___________on Mansour, Diana, Captain, as defence counsel for the CF Defence Counsel Services, see Sangha G. (Officer Cadet), R. v., 2020 CM 2011 (CanLII), <http://canlii.ca/t/jb3qm> (court date was 6 October 2020);
When Diana Mansour, a
second-year student at the time,
was observing
a trial being conducted by David Barrison, she had no
idea that she'd soon be immersed in litigation
involving Canada's Special Operations
Force (SOF) community, learning
the intricacies of combat arms or
navigating the misery of tear
gas. At the time, Mr. Barrison was
conducting
a human traf-ficking trial with David
Hodson. During a break, Mr. Hodson
learned that Ms. Mansour was interested
in part-time distance work
while finishing her JD at
the University of Windsor.
Recognizing her potential,
and with the blessing of Mr.
Barrison, he immediately made her an offer of
employment.
....
as
an aside, with her
knowledge of Arabic and Arab culture, it wasn't long
before
both JAG and the SOF community were showing an interest in her future.
Ms. Mansour, as an articling
student, argued the first Jordan application within
a military Court Mar-tial.She, vis-a-vis 11(b) of The Charter, an
eighteen-month
time frame. Her
accomplishment is more pro-nounced knowing that a CM is
deemed a Superior Court.She subsequently argued four more
applications,
including a
Corbett, Similar Fact and a. s. 276 -all were successful. ....
Captain
Diana Mansour has successfully represented a
number of accused in
civilian trials, but after her Call to the Bar, she accepted
an offer from Defence
Counsel Services, of Canada's Judge Advocate
General. ....
As a Reserve Legal Officer, many may
think she's only a courtroom warrior, but
her skill with a rifle, to-gether
with her linguistic abilities germane to a wartorn region,
will, inshallah (God willing), provide her with many
opportunities to deploy as a
soldier. In the interim, she continues
to maintain a criminal law practice with Carlos
Da Cruz and David Hodson, as well as crossing the country
to appear at Court Martial.
Wilks, 57, was previously convicted in 2013 of 10 counts
of sexual assault and 15 counts of breach of trust for
giving
inappropriate breast exams to females at Ontario military
recruiting centres.
The former petty officer had challenged the ruling, but
an appeals court upheld it last Friday.
Wilks’s lawyer, David Hodson, said the two sentences will be
served concurrently at the Joyceville Institution, a
medium-security prison on Kingston.
Image source: https://sites.google.com/a/umn.edu/giovanni-mantilla/, accessed 30 September 2016 Giovanni Fabrizio Mantilla MANTILLA CASAS, Giovanni Fabrizio, Under (Social) Pressure: The Historical Regulation of Internal Armed Conflicts through International Law, a dissertation submitted to the Faculty of the Graduate School of the
University of Minnesota, in partial fulfillment of the requirements for the degree of doctor of philosophy, August 2013, ix, 410 p.; available at https://conservancy.umn.edu/bitstream/handle/11299/175520/MantillaCasas_umn_0130E_14332.pdf?sequence=1&isAllowed=y (accesed 30 September 2016); discusses Canada;
MANTLE, Craig Leslie, 1977-, ed., The apathetic and the defiant : case studies of Canadian mutiny and disobedience, 1812 to 1919 / edited by Craig Leslie Mantle ; foreword by major-general P.R. Hussey, Kingston (Ont.): Canadian Defence Academy Press; Toronto: Dundurn Group, c2008, 496 p., ISBN: 9781550027105; copy at Ottawa University, MRT General FC 226 .A63 2007;
Canadian soldiers have served their
country for centuries, and for the most part they have done so
honourably and loyally. Yet, on certain occasions,
their conduct has been anything but honourable. Whether by
disobeying their legal orders, terrorizing the local population,
or committing crimes in
general, some soldiers have embodied the very antithesis of
appropriate military conduct. Covering examples of unsavoury
behaviour in the
representatives of our military forces from the War of 1812 to the
immediate aftermath of the First World War, The Apathetic and
the Defiant reveals
that disobedience and mutiny have marked all of the major
conflicts in which Canada has participated. Canadian military
indiscipline has long been
overshadowed by the nation's victories and triumphs ...
until now (source:http://www.dundurn.com/books/apathetic_and_defiant
)
__________sous la direction de, Les apathiques et les rebelles : des exemples canadiens de mutinerie et de désobéissance, 1812-1919, Kingston (Ont.): Presse de l'académie canadienne de la défense, c2008, 516 p., ISBN: 9781550027204;
___________ed., The unwilling and the reluctant : theoretical perspectives on disobedience in the military, Winnipeg: Canadian Defence Academy Press, c2006, vii, 257 p. ; 24 cm., ISBN: 0662432517;
Research note: on Manuals from JAG, see LIBRARY AND
ARCHIVES CANADA, Reports and Manuals from the Office
of the Judge Advocate General [textual record]. 1956-1991.
Accession. RG24-B-9. BAN: 2008-00847-9.
Textual material. [Access: Restricted by law]. Government. 24-166 1 90. This accession consists of
various reports and manuals created and/or maintained by the
Office of the Judge Advocate General.
WARNING --
THESE DOCUMENTS OR MANUALS MAY NOT BE UP TO DATE OR
CURRENT AVERTISSEMENT -- CES DOCUMENTS OU MANUELS PEUVENT ÊTRE NON A JOUR
Manuals -- Law of Armed Conflicy /
Manuels sur le droit des conflits armés
International Human Rights Law -- Collection of Documents,
B-LG-007-000/AF-003*** 1
March 2007 edition
Droit international en matière de droits de personne -- Recueil
de documents,B-LG-007-000/AF-004 ***version
1er mars 2007
LOAC Student Deskbook, probably available from CFMLC DCA Manuel de cours, probably available from CFMLC
26.
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
(pp. 62-63/190, available at http://docslide.us/documents/iloace.html,
accessed 6 April 2017)
Military Justice Manuals, etc. -- Manuels sur la
justice militaire, etc.
Aide Memoire -- Elements of the Offence, Using the Code of
Service Discipline, Office of the Judge Advocate General,
Canadian Military Prosecution Service, 87 pages, available
at https://www.scribd.com/document/382309130/Elements-of-the-Offence
(accessed 31 March 2020);
-------
Canadian Military Justice Bulletin, Semi annual Bulletin
published by DJAG/MJ Division (the image above is for
2015 number 2) Bulletin de justice militaire canadienne, Bulletin
semi-annuel publié par la Division du JAGA/JM (l'image ci-dessus
est pour le numéro 2 de 2015)
Court Martial Procedures , Guide for Participants and Guide
for the Public = Procédures devant la cour martiale,
guide des partiipants et du public, A-LG-007-000/AG-001, 8
June 2012; available/disponible à http://www.jmc-cmj.forces.gc.ca/assets/CMJ_Internet/docs/en/gpcm-cmpg.pdf
(accessed 3 May 2015);
The Election to be Tried by Summary Trial or Court Martial:
Guide for Accused and Assisting Officers (Bilingual),
[Ottawa?], 30 November 1997, 11 p. with a 2 p. Annex, Index of
Documentation of National Defencee no. A-LG-050-000/AF-001; Research
Note: the OPI for this publication is the Office of
the Judge Advocate General / Directorate of Law/Military
Justice; paragraph 4, p. 1 of the publication reads in part:
"The purpose of this guide is to place the election to be tried
by court martial in its procedural context and to provide a
convenient summart, for use by accused service members and their
assisting officers, of the differences betwen summary trials and
courts martial, so that the accused are in a position to make an
informed election"; copy at the National Library, Ottawa;
"A-LG-050-000/AF-001"; copy at the University of Ottawa, FTX
General, KE 7160 .E436 1997; NOTE:
superseded in
2002 by OFFICE OF THE JUDGE ADVOCATE GENERAL, Guide for
accused and assisting officers : pre-trial proceedings at the
summary trial level, issued on authority of the
Chief of the Defence Staff; FRANÇAIS : Le choix d'être jugé par procès sommaire ou devant une
cour martiale: Guide à l'intention des accusés et des officers
désigés pour les aider, [Ottawa?], 30 novembre 1997,
11 p. avec une annexe de 2 p., index de documentation de
la Défense nationale: # A-LG- 050-000/AF-001; note de
recherche: le BPR pour cette publication est le Cabinet du
Juge-avocat général, Directeur juridique/Justice militaire; le
paragraphe 4, à la p. 1 se lit en partie ainsi en expliquant le
but de la publication: «Pour aider les militaires accusés à
exercer un choix éclairé, le présent guide situe dans son
contexte procédural le choix d'être jugé devant une cour
martiale et résume, à l'intention des accusés et des officers
désignés pour les aider, les différences entre les procès
sommaires et les cours martiales"; copie à la Bibliothèque
nationale, Ottawa; NOTE: remplacé en 2002
par BUREAU DU JUGE-AVOCAT GÉNÉRAL, Guide à l'intention
des accusés et des officiers désignés pour les aider :
les procédures préliminaires lors d'un procès sommaire,Publiée
avec l'autorisation du Cef d'état-major de la Défense;
Defence Counsel Study Team, Report of the Defence
Counsel Study Team on the provision of Defence Counsel
Services in the Canadian Forces, Office of the Judge
Advocate General, 15 August 1997,
available at (accessed 25 March 2019), available at http://www.lareau-legal.ca/A-2018-02048.pdf;
obtained under an Access to Information Act
request, National Defence Access to Information and Privacy
Request file A-2018-02048 dated 26 February 2019, available
at http://www.lareau-law.ca/A1a-208-02048.pdf
(accessed 25 March 2019);
You and the Law of War,
[Ottawa]: Office of the Judge Advocate General, circa 1981, 92 p.;
prepared by Colonel Armand Desroches with the assistance of Major
François Lareau, JAG/Directorate of Law / Training, circa 1981;
this publication is available at National Defence, Directorate of
Land Concepts and Doctrine, Fort Frontenac Library. The
Directorate first published 25 short articles on the law of war
and some beautiful accompanying posters were also prepared and
distributed in the Canadian Forces bases;
Source: You and the Law of War,
circa 1981, reproduced with the permission of the Minister of
Public Works and Government Services Canada and of the Canadian
Forces, Office of the Judge Advocate General, 2012
Notice: This publication does not necessarily reflect the current
state of the or the current views of the Government of
Canada, the Canadian Forces and the Office of the Judge
Advocate General. This permission does not imply an
endorsement of the views of François Lareau and of the views
expressed at http://www.lareau-law.ca/
and http://www.lareau-legal.ca/
- Table of
Contents;
- Complete
document (92 p.); FRANÇAIS : Vous et le Droit de la guerre, [Ottawa]: [Forces
canadiennes, Cabinet du Juge Avocat Général], circa 1981, 104 p.;
ce document a été préparé par le Colonel Armand Desroches avec
l'aide du major François Lareau du "JAG/Directorate of
Law/Training" (on m'excusera mais je n'ai pas le titre en
français du directorat) vers 1981; copie à Défense nationale,
Direction des concepts et de la doctrine de l'Armée de terre,
Bibliothèque Fort Frontenac; de magnifiques affiches en couleurs
ont été préparés avec ce document et distribués sur les bases;
Source: Vous et le droit
de la guerre, circa 1981, reproduit avec la permission du
Ministre des Travaux publics et Services gouvernementaux Canada et
des Forces canadiennes, Cabinet du Juge-avocat-général, 2012.
Avis: Cette publication ne représente pas nécessairement l'état
actuel du droit des conflits armés, ni l'état actuel des opinions
du Gouvernement du Canada, des Forces canadiennes et du Cabinet du
Juge-avocat général. Cette permission de reproduire n'implique
pas une approbation des opinions de François Lareau ni
celles exprimées à http://www.lareau-law.ca/
et http://www.lareau-legal.ca/
- Table
des matières;
- document
entier;
Some of the accompanying posters were also prepared
and distributed in the Canadian Forces bases:
11 of these posters were collected by Leslie C. Green,
1920-2011, and donated by Lilian Green, September 2016
to the Leslie C. Green Collection, Collection F0096,
University of Calgary, The Military Museums.
CANADIAN ARMED FORCES, Canadian Forces Manual of Military
Occupational Structure, volume 2, Part 1, Job Based
Specification (JBS) for the Legal Officer Occupation, CCM
Mercury # 889827, date approved, 21 May 2007, iv,
21 pages (look for numbers AO511583_1-A-2016-02606-047 to AO511583_26-A-2016-02606-0072,
bottom right numbers on each page athttp://www.lareau-legal.ca/A-2016-02606.PDF
(put on line on 6 August 2017); document obtained from
an Access to information Act request to DND, see http://www.lareau-law.ca/A-2016B-02606.pdf
dated 20 July 2017;
CANADIAN ARMED FORCES, Operational Law Manual, V
1, no date of publication, approx. 300 pages,
B-GJ-005-104/FP-024; available at http://www.lareau-legal.ca/A-2016-02619.PDF
(accessed 3 November 2017); document obtained from an Access to information Act
request to DND, see http://www.lareau-law.ca/Empey3No17.pdf
dated 25 October 2017;
CANADIAN ARMED FORCES, Qualification Standard, Legal
Officer Qualification, AJCK, Regular Force 00204,
Training Authority: CDA, basic date: 25/06/14, change date
20/06/14, 46 pages (look for numbers
AO511582_1-A-2016-02606-001 to AO511582_46-A-2016-02606-0046,
bottom right numbers on each page); available at http://www.lareau-legal.ca/A-2016-02606.PDF
(put on line on 6 August 2017); document
obtained from an Access to information Act request to
DND, see http://www.lareau-law.ca/A-2016B-02606.pdf
dated 20 July 2017;
CANADIAN ARMED FORCES, Training Plan, Legal
Officer Qualification, Regular Force 00204, basic
date: 28/10/2013 and Master Lesson Plan, available
at http://www.lareau-legal.ca/A201501212_2017-02-09_14-21-38.PDF
(put on line on 22 February 2017); this document was
released under Access to Information Act request A-2015-01212
(DND), 1709 pages (disclosed in part) which request summary read
as folows: "Training Plan and and Master Lesson Plan used
in support of the Legal Officer Qualification Course (LOQC)
run by CF Military Law Centre (CFMLC) in Kingston from
September 14, 2015 to October 9, 2015. The CFMLC falls under
the Canadian Defence Academy"; I received records previously
released under file A-2015-01212 by Kimberly Empey, Director,
Access to Information and Privacy, undated (but in reality
February 2017), National Defence, National Defence
Headquarters' letter file AI-2016-00223, available at http://www.lareau-legal.ca/Training21.pdf
(put on line on 22 February 2017); IMPORTANT
DOCUMENT.
[These five documents received by François Lareau on 31 May
2019 from LCol Brent Clute, Director, Canadian Forces Military
Law Centre, Kingston, Access to Information Act informal
request]
On the subject of the Legal Officer Qualification
Course, see photo:
Office
of the JAG
@JAGCAF
·
The JAG,
Commodore Geneviève Bernatchez, was in Kingston today
to
address and congratulate graduates of the Legal
Officer Qualification Course.
This month-long training prepares new Legal Officers
to perform their duties
as legal advisors to @CanadianForces at home and abroad.
[images sources: https://twitter.com/KimberleyDawn8
and https://twitter.com/JAGCAF/
status/1132008858203893760, accessed 4 April 2020]
Image source: https://www.ebay.com/itm/252858819273. accessed 24 February 2019
NAME(S):* Canada. Canadian Army. Judge Advocate-General TITLE(S): 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
Handbook on district courts-martial PUBLISHER: Ottawa : E. Cloutier, King's printer, 1941.
DESCRIPTION: 78 p. ; 25 cm. [Information from AMICUS catalogue] FURTHER RESEARCH on Voilà catalogue on 25 November 2019 as to the librarues that have that book: Library and Archives Canada;University of Calgary Library, Taylor Family Digital Library (TFDL); Canadian War Museum; Concordia University Libraries; Toronto Public Library;
Canada, Office of the Judge Advocate General, Basic operational legal advisor, course 8501, 15-19 April 1985, Cornwall, Ontario, deskbook Cours de conseiller juridique, 15-19 avril, 1985, [Cornwall? Ont.] : Canadian Forces, Office of the Judge dvocate General, [1985?], 502 p. : ill. ; 30 cm. NOTES: Title on cover: Basic operational legal adviser, course 8501, 15-19 April, 1985, Cornwall, Ontario = Cours de conseiller juridique, 15-19 avril, 1985; copy at the University of Alberta, Rutherford Library, Edmonton, call number: JX 4521 C212 1985;
CANADA, Office of the Judge Advocate General, Digest of Opinions and Rulings, Ottawa: March 31, 1944, compiled from the records of the Office of the Judge Advocate General at National Defence Headquarters, [Ottawa, 1944], 353, [35] p.; available at http://www.lareau-legal.ca/A-2018-02026.pdf; obtained under an Access to Information Act request, National Defence Access to Information and Privacy Request file A-2018-02026 dated 12 March 2019, available at http://www.lareau-law.ca/A2a-2018-02026.pdf (accessed and put on line on 29 March 2019);
Canada, Office of the Judge Advocate General, Sixth basic law of armed conflict course, 30 March to 3 April 1992, TCTI, Cornwall, Ontario : deskbook = Sixième cours de base, droit de la querre, 30 mars au 3 avril 1992, IFTC, Cornwall, Ontario : cahier de l'étudiant Basic law of armed conflict: course 9201, 30 March to 3 April 1992 Cours de base, droit de la querre: cours 9201, 30 mars au 3 avril 1992 Sixième cours de base, droit de la querre, 30 mars au 3 avril 1992, IFTC, Cornwall Ontario: cahier de l'étudiant, Ottawa : Office of the judge advocate general, 1992, 604 p. ; 30 cm. NOTES: Cover title: Basic law of armed conflict : course 9201, 30 March to 3 April 1992, Cornwall, Ontario. On cover: Office of the Judge Advocate General; copy at the University of Ottawa, FTX (Fauteux Library) KZ 6385 .B37 1992;
CANADIAN FORCES MILITARY LAW CENTRE (CFMLC), President
Officer Certification Training, Student Desk Book,
version 2.2 (September 2012), Kingston: Canadian Forces
Academy, 2012, 532 p., available at http://www.lareau-law.ca/PresidingOfficer.pdf; Access to Information Act
request to DND, their file A-2012-01401; MAY TAKE LONG
TIME TO DOWNLOAD!
[2020]
This past weekend, 42 members from across
the #CAF attended the
first remotely
conducted Presiding Officer Certification
Training session. #COVID19#StayHealthy
- Charge Layer Aide memoire
- POCT (President Officer Cerification Training) Instructor's
Manual v. 2.2/ AOP Guide d'instructeur v. 2.2.
- Collection of Documents on Domestic Operations,
B-LG-007-000/AF-001
- Canadian Forces Drug Testing Manual/Manuel de dépistage des
drogues au sein des forces canadiennes
- "During the reporting period, legal officers continued to
provide considerable support to the Officer Professional
Military Education (OPME) Program
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."
(source: http://www.forces.gc.ca/en/about-reports-pubs-military-law-annual-2008-09/ch-5-review-mil-education-training-0809.page,
Judge Advocate General Annual Report, 2008-2009, chapter
5, accessed 11 Narch 2017)
- The Manual of
International Law in Peace Operations -- Draft Outline
of the Manual's Content, available at http://home.scarlet.be/~ismllw/actualite/ISMLLW%20464%20E%2019.pdf
(accessed on 29 July 2012);
- Legal Officer Intermediate Training: Military Operations Law -
29 April 2013 to 4 May 2013, see course details at https://www.nsbs.org/event/2013/05/legal-officer-intermediate-training-military-operations-law-april-29
(accessed 4 August 2017);
The Royal Military College of Canada,
Kingston,
courses POE488 and POE486:
Image
source: Kijiji (item for sale at $20.00, March 2017)
- POE 488 (Course Code), The Law of Armed Conflict,
course reader, v. 2.0; This is a course of Royal
Military College of Canada Division
of Continuing Studies, Royal Military College of Canada, PO Box
17000, Station Forces, Kingston, ON K7K 7B4; Department of
Political Science;
see https://www.rmcc-cmrc.ca/sites/default/files/rmcbmas-cmrbasm-bil_3.pdf
(accessed 26 March 2017);
"POE488 The Law of Armed Conflict
"This course gives students a solid knowledge of the law
regarding the use of force in international and
non-international armed conflicts. Following an examination
of the situation of the Law of Armed Conflict within the broader
context of Public International Law, there will be a general
discussion of the general concepts of the
LOAC and its two branches, the jus ad
bellum (the right to the use of force) and the
jus
in bello (the law applicable in conflict). A
study of the rules includes their
applicability in operational situations, with reference to
issues including the notion of combatants, prisoners of war, the
treatment of civilians, the obligation to limit
unnecessary suffering and damage, the legality of certain
weapons, and special cases such as child-soldiers and
mercenaries. The course concludes with an examination
of means of enforcing the law, including national courts, ad hoc
tribunals and the International Criminal Court.
Note(s) :
Also offered through Distance
Education.
This course may count as a Military Arts credit within the
BMASc programme.
- Syllabus for Course POE 488A, winter 2013-2014, 9 p.,
lecturers: LCol Rory Fowler and Lieutenant-Commander Mike Baker,
available at http://www.lareau-legal.ca/A-2015-00669.pdf
(accessed 26 March 2017);
- Military Arts and Science (DMAS), Ontario College Diploma,
Seneca Faculty of Continuing Education & Training:
Overview
Seneca College delivers this exciting Ontario College
Diploma developed through an innovative partnership
between OntarioLearn, the Royal Military
College of Canada (RMC) and the Canadian Defence
Academy (CDA). All courses are available online as
well as some in class options.
The aim of the Diploma in Military Arts and Science
(DMASc) is to provide Non-Commissioned Members (NCMs)
of the Canadian Forces and those
interested in military affairs, a comprehensive
knowledge of leadership, critical thinking, security
studies, resource management and communication skills
deemed essential to the functioning of modern military
or large corporations. This diploma will serve as a
recognized component of the Non-Commissioned
Members training.
The program will provide an accredited 2-year Ontario
College Diploma in Military Arts and Science that is
portable into the civilian workforce once NCMs
retire from their military service. The program is
also open to the public. Under an articulation
agreement between RMC and Seneca College, graduates of
this diploma program may be admitted into the RMC
Bachelor of Military and Strategic Studies degree
program with Advanced Standing.
(source: http://www.senecacollege.ca/ce/humanities/military-arts-science.html,
accessed 26 March 2017)
- POE 486 (Course
Code), Air and Space Law,
This is a course of Royal Military College of Canada Division of
Continuing Studies, Royal Military College of Canada, PO Box
17000, Station Forces, Kingston, ON K7K 7B4; Department of
Political Science; see https://www.rmcc-cmrc.ca/sites/default/files/rmcbmas-cmrbasm-bil_3.pdf
(accessed 26 March 2017);
"This course is an introduction to air and space law. The
primary focus is the international and national law applicable
to air operations and outer space activities, particularly
of a military nature. It also considers historical and political
factors in the development of these legal regimes. The
international law concepts will be instilled by reference to
the various applicable international conventions and legal
principles, such as the Charter of the United Nations and the
sources and nature of public international law. The study
of public air law will focus on the Chicago Convention of 1944
and the 1963 Tokyo Convention stream. The Warsaw (1929)
and Montreal (1999) Conventions relating to civil
aviation liability provide the basis for the private
international air law study. For space rights, the five
major treaties governing that domain will be studied, along with
the work
of the UN General Assembly and the UN Committee on the Peaceful
Use of Outer Space (UNCOPUOS). Outer space activities such
as military uses and remote sensing will be
considered, as will the rights and obligations of rescue and
liability. Given the legal importance of and similarities
between the outer space and air regimes and that of the oceans,
the law of the sea will also be the object of analysis and
discussion.
DND Publications in the National Defence
Index
of Documentation (NDID)
- Manuals noted in the answer (CD with electronic files on it)
from the Director, Access to Information and Privacy, their file
letter A-2015-00389, dated 20 October 2015; my Access to
Information Act request read as follows: "Current list of DND
publications contained in the National Defence Index of
Documentation (NDID) database (i.e. Publication Number/IDDN,
English Title, Frenc Title, Language, OPI, Edition, Last Change
Level, Last Change Date)"
NDID
CD
TITLE
OPI
LANG STATUS
DATE
UPDATED
FORMAT
- B-GA-005-104/FP-024 Operational Law/Droit
opérationel JAG
DLaw
B
Reserved
14 mar
2006
Hardcopy
- B-GG-005-004/AF-027 Legal Support to CF
Operations
JAG DLawT
E
Reserved
27 Nov
1998
Hardcopy
- B-GG-005-027/AF-010 Legal Support to CF
Operations
DJAG/Ops
E
Reserved
27 Nov
1998
Hardcopy vol. I, Military Justice Manual
- B-GG-005-027/AF-020 Legal Support to CF
Operations
DJAG/Ops E
Reserved
18 Nov
1998
Hardcopy vol. 2, Law of Armed Conflict
LOAC
- B-LG-007-000/AF-001 Domestic Operations --
Collection
DLaw/T
E
Active
01 Mar 2007 15 Aug 2007
Hardcopy of Documents
- B-LG-007-000/AF-002 Opérations
nationales--Recueil
DLaw/T
F
Active
de documents
Image
source: https://www.balsillieschool.ca/people/michael-w-manulak,
accessed 14 december 2015
Michael W. Manulak
MANULAK, Michael W., The Kosovocrisis
and Canadian foreign policy: an agenda for intervention, M.A.
Carleton University 2009, vi, 119 leaves : charts ; 29 cm; thesis
not consulted yet;
Abstract
This thesis employs John W.
Kingdon's multiple-streams model of policy agenda setting
and alternative specification to analyze Canada's policy
response to
ethnic conflict in Kosovo in 1998/1999. By using an
extensive program of interviews with former policy actors
and public source documents, the thesis argues
that it was a convergence of independent problem, policy,
and political dimensions that caused the Kosovo
intervention to emerge on the Canadian agenda.
The research interviews contribute a comprehensive
insider's view of events as they developed in Ottawa.
(source: https://carletonu.summon.serialssolutions.com/?q=kosovo+crisis#!/search/document?ho=t&l=en&q=kosovo%20crisis&id=FETCHMERGED-carletonu_catalog_b3086281a2,
accessed 14 December 2015)
MAPLE LEAF, The, "Royal Assent of Bill C-77 marks a historic moment
in the evolution of the military justice system", available at https://ml-fd.caf-fac.ca/en/2019/07/31713
(accessed 30 July 2019); Bill C-77, An Act to amend the
National Defence Act and to make related and consequential
amendments to other Acts (the Act), received royal
assent on 21 June 2019;
Martin Marceau
MARCEAU, Martin, Me, avocat, a agi comme avocat militaire, grade
Lieutenant-commander, bureau du Juge-avocat général; LL.M. Maîtrise
en droit ("Achat et vente d'entreprises en matière internationale"),
voir http://www.cmsbavocats.com/index.php/equipe/item/6-me-martin-marceau
(site visité le 11 avril 2020);
Conférencier reconnu, il a, tant au niveau civil
que militaire, devant un auditoire
tant professionnel que diversifié, donné plusieurs
conférences dans le cadre,
notamment, de la formation militaire aux officiers mais,
également, auprès des
membres du Barreau du Québec et de gens d’affaires de
différents milieux eu
égard à des sujets d’actualité.
Me Marceau a également été impliqué auprès du ministère de
la Défense nationale,
pour lequel il a agi à titre d'avocat militaire. À ce titre,
il a été appelé à conseiller
différents intervenants et à participer à des commissions
d’enquête militaire ainsi
qu'à la Cour martiale militaire. Il a été appelé, jusqu’en
2014, à conseiller des
commandants et il a eu l'opportunité de participer à
certains exercices militaires
internationaux, notamment sous l'égide de l’OTAN.
On 3 March 1870, Elzéar served as a member of the court martial for
Thomas Scott,
who was accused of treason against the provisional
government in the Red River. 35
Scott was an Orangeman who had recently immigrated to Red
River from Upper Canada
and protested violently against Métis land rights.36
Scott not only was in support of the
Canadian government’s claiming of Métis land to be
redistributed to Ontario immigrants,
but voiced racist and anti-Catholic sentiments.37 On
the day following the trial, Elzéar,
with other members of the court, escorted Scott outside the
walls of Upper Fort Garry and
executed him by firing squad. 38
---------
x
"Source
Archivia.net ( Original title: Art by Roland Price Meade
(left:
Death of Thomas Scott", source of the image for me: biographi.ca/en/bio/scott_thomas_1870_9E.html,
accessed 3 January 2019
------------- Image source for
Ward: cbc.ca/news/canada/nova-scotia/rachel-ward-1.3550310,
accessed 24 April 2017
Rosa
Marchitelli
Rachel Ward
MARCHITELLI, Rosa, and Rachel Ward, "Go Public: 'Embarrassment to Canadians': Abuse,
humiliation occurred at bases across country, soldiers say.
Recruit treatment, lack of apology 'tarnishing' Canada's image, says
torture victim advocate", CBC News Canada, 24 April 2017, available
at http://www.cbc.ca/news/canada/abuse-humiliation-embarassment-military-bases-former-soldiers-say-1.4075778
(accessed 24 April 2017);
For the first time, former Canadian soldiers are speaking
publicly about being tortured at the hands of the Canadian
military
during a prisoner of war training exercise in the 1980s.
The men say that in February 1984 they were
among 33 young recruits who were stripped naked, crowded
into small military
jail cells with windows open, denied food and, for
up to two days, repeatedly sprayed with cold water. For
more than 40 hours
they were forced to listen to loud rock music.
---------------
Image source: www.amazon.ca/
Howard Margolian, photo-still from cbc.ca/archives/entry/war-criminals-immigration-history-reconsidered
Conduct-Unbecoming-Canadian-
accessed 23 January 2019
Prisoners-Normandy/dp/0802042139, accessed 15 October 2016
MARGOLIAN, Howard, Conduct Unbecoming: The Story of the Murder
of Canadian Prisoners of War in Normandy, Toronto: University
of Toronto Press, Scholarly Publishing Division, 2000, 336 p.; ISBN:
9780802083609 (paper) and 9780802042132 (cloth); copy at Ottawa
University, Morisset, D 804 .G4 M36 1998;
On the afternoon of 7 June 1944, Lorne Brown, a
private serving with the 3rd Canadian Infantry Division in
Normandy, was bayoneted to death while trying
to surrender to troops of Nazi Germany's Tlite 12th SS
Division 'Hitler Youth.' Over the next ten days, more than a
hundred and fifty Canadian soldiers were
brutally murdered after capture by the 12th SS. Despite
months of post-war investigation by Allied courts, however,
only two senior officers of the 12th SS
were ever tried for war crimes.
Drawing extensively on
archival sources, Howard Margolian reveals the full
account of an atrocious chapter in history and exposes
the causes - an
inept and indifferent Canadian military justice system,
and a Canadian government all too willing to let
bygones be bygones - of the flagrant inaction that
followed.
Highly praised for both its meticulous research and
its engaging passion, this book will resonate with
veterans, those interested in war crimes, military
buffs,
and historians. [emphasis in red bold added]
There is unfortunately little appetite by
senior leaders to find solutions to technical
jurisdictional issues involving
our mandate. The Judge
Advocate General (JAG), who is the key legal advisor to
the chain of command,showed
us his hand when he bluntly declared to us months after
my appointment in 1998 that “the field was occupied”
and that there was no room for the kind of independent
oversight we were pursuing. The last seven years have
shown that, in fact, not only was the field unoccupied
but it proved to be fertile and ready to accommodate an
office to truly serve the needs of the troops.
Unfortunately, all too often, senior leadership has not
been able to
divorce itself from the JAG mindset and help us work the
field and provide the Office with the tools for it to
really flourish. (p. 13)
......
The second kind of deficiency is far less defensible.
When the position of Director General of the CF
Grievance
Administration was established, it was set up to
function under the authority of the Judge Advocate
General (JAG).
It is the JAG, of course, who provides legal advice to
the chain of command on matters that may end up being
grieved.
It is also the JAG who provides advice to the initial
grievance authority on how to respond to grievances. In
effect,
the very body that assists in making decisions that may
be grieved, or the grievance decisions under appeal, was
given
command over the body that would ultimately and finally
be deciding the grievances that remain unsettled. This
was
a spectacular and obvious conflict. The simple fact that
this system was adopted reveals a deficit in
understanding about
the importance and nature of independent oversight.
Indeed, it smacks of the kind of “trust us” attitude
that is resistant
to oversight. It was only because of the intercession of
Chief Justice Lamer, who pointed out the conflict, that
this system
was changed. The CF Grievance Administration now falls
under the command of the Vice Chief of the Defence
Staff.
Still, this deficiency has not been remedied
effectively. As its website reveals, the JAG continues
to provide legal advice
to the CF Grievance Administration. Indeed a former JAG
lawyer continues to hold the Director General Grievance
Administration position. The same body that may have
advised the chain of command on matters leading to
grievances,
or have advised the initial authority on how to respond,
advises the CF Grievance Administration and ultimately
the CDS
on what to do about it. Unfortunately, the “correction”
that took place after the Five Year Review was
half-hearted and
superficial. It is evident that the CF Grievance
Administration needs independence from JAG influence and
access to
independent legal advice in deciding grievances. (p. 23)
......
In spite of the case that I made, Departmental legal
advisers, after consultation with Canadian Forces
lawyers and
commanders, prepared a mandate that bore no relationship
to the principles I had identified. The initial draft
mandate
I was offered crafted an ineffective, feeble authority
for the Office. The proposed mandate would have cast the
Ombudsman,
as a senior JAG
lawyer once put it to me, as a “consigliere”-type
backroom intervener gently offering the chain of command
non-intrusive nuggets of advice from time to time. The
mandate would have prevented the Ombudsman from
conducting
investigations. The Ombudsman was to be confined to
making informal inquiries, and was to refer matters back
to the chain
of command with a recommendation for a board of inquiry
or summary investigation. This was not civilian
oversight. The
Office was treated as if it was to be cosmetic, a mere
pretence of civilian involvement while the military
would continue to
decide military matters, without accountability or real
input. To make matters worse, in spite of what was
widely understood
at the time to be a military culture that was resistant
to oversight and change, the mandate was not to be
supported by any
directive to members and the chain of command to
co-operate with the Office.
Instead, only a platitudinous promise in a
directive from the Minister that CF authorities would be
collegial and collaborative was included. I could
not accept this.
Faced with our hopelessly conflicting positions, the
Minister of National Defence asked that we enter into
negotiations with
military and departmental lawyers about the mandate for
the Office. (p. 27)
......
The fact is that the Canadian Forces are using
solicitor-client privilege in a self-serving way. When
members or the chain
of command consult with JAG in the course of their duties
before acting, the human being doing the consulting is
not the
client. The Canadian Forces is. While it is true that
legal privilege does exist even between government
lawyers and the
departments being advised, the Ombudsman is not an
outsider. The Office of the Ombudsman is
independent of the chain
of command but is part of the military apparatus. In a
very real sense, to invoke privilege against a DND
Ombudsman is
like one arm of an organization invoking it against
another arm of the same organization. Moreover, the
Ombudsman is the
delegate of the Minister of National Defence. Invoking
solicitor-client privilege against the Ombudsman is like
invoking
that privilege against the Minister himself. Can you
imagine a general saying, “Sorry Minister, but I cannot
answer your
question because we acted on legal advice from the JAG.”
In truth, use of solicitor-client privilege to shield
information
from the Ombudsman where the client is the Canadian
Forces is an opportunistic subterfuge calculated to hide
information,
but it is a subterfuge we are being met with.(p. 30)
Image
source: www.stcatharinesstandard.ca/2015/01/22/dont-get-rid-of-integrity-commish-ombudsman,
accessed 23 May 2016
André Marin
___________"The Ombudsman: Marin: Military gets bad bill of health
for PTSD", The Ottawa Sun, 22 May 2016; available at http://www.ottawasun.com/2016/05/21/marin-military-gets-bad-bill-of-health-for-ptsd,
accessed 23 May 2016;
The military was disorganized and secretive in
2002 in dealing with OSI [Operational Stress Injury].
...
According to Alberta’s public examination into the suicide
of Cpl. Shaun Collins, we’re exactly
where we were in 2002.
...
You’d think the chain of command might want to hear what
presiding provincial court Judge Jody Moher
would like to recommend about preventing similar deaths
when she reports back in a few months.
But no. Leave it the Judge Advocate General lawyers to
want to gag the presiding judge in making recommendations,
making the idiotic and wrong-headed argument that the
province does not have jurisdiction over the military.
Sounds like an act of desperation to avoid dealing with
OSI once again. Plus ça change…
Former Federal Court of Appeal and Court Martial
Appeal justice Gilles Letourneau, who also headed the
Somalia public inquiry in 1995,
told me last week that smart public policy would suggest
that sexual assault cases be left to civilian courts due to
their seriousness and the
much-greater expertise of civilian prosecutors. I agree,
especially given Maclean’s exposé of covered-up rampant sex
abuse in the military.
In response to that, then-chief of defence staff Maurice
Baril admonished military officers in an open letter that
“Canadians demand a higher
standard of behaviour from members in uniform, and so do I.”
___________on André Marin, read WARD, John, "[Andre Marin, the
Canadian Forces ombudsman, wants to fine-tune his mandate]", Canadian Press NewsWire, Dec 16,
1999;
But let’s think about it and ask ourselves: Have
we really saddled our military with too much
oversight? The military has an ombudsman,
but it’s a far cry from the parliamentary inspector general
recommended by the Somalia inquiry in the 1990s. The office
operates as an internal
body and has none of the statutory powers and independence
of a parliamentary ombudsman.The Canadian Grievances
External Review
Committee, run by a former lieutenant colonel, can make
non-binding recommendations to the chief of defence staff on
grievances from the
rank and file. The Military Complaints Commission offers
similar avenues of complaints and investigations that
civilian police have to contend with.
......
Maybe Thibault’s beef had to do with a fatality inquiry
report released almost at the same time as he was airing his
beef about checks and balances.
Military lawyers had attempted to stop the provincial
inquiry on the absurd basis that the province had no
jurisdiction over the federal government.
Provincial inquests about deaths in federal penitentiaries
are routine and go unchallenged.
___________Research Note on the ombudsman André Marin: there are
several articles written by the journalist BLANCHIELD, Mike,
see this bibliography under that name;
MARIN, René J., 1938-, Audit of
External Review of the Canadian Forces Special Investigation Unit:
Report, [Ottawa : Government of Canada]. 1994, 1 v.
(various pagings) ; 28 cm.; NOTES: Text in English and French with
French text on inverted pages also published in French/ également
publié en français:
MARIN, René J., 1938-, Vérification
de l'examen externe de l'Unité des enquêtes spéciales des Forces
canadiennes : rapport, [Ottawa: Gouvernment of Canada],
1994; NOTES: Texte en français et en anglais disposé tête-bêche;
___________External Review of the
Canadian Forces Special Investigation Unit : report,
[Ottawa : Government of Canada], 1990, vi, 98 p.; NOTES: Text
in English and French with French text on inverted pages; also published in French/ également
publié en français:
___________Examen externe de
l'Unité des enquêtes spéciales des Forces canadiennes : rapport,
[Ottawa : Gouvernement du Canada], 1990, vi, 105 p., NOTES: Texte en
français et en anglais disposé tête-bêche;
___________on MARIN, Captain(N) René, see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa :
Office of the Judge Advocate General, c2002, at pages 114, 135 and
217, available at 103-242;
Eric Marinacci (photo reçue d'Éric le 29 janvier
2020)
MARINACCI, Eric C., avocat au Bureau de services
juridiques des pensions et un ancien officier du JAG; témoignage
devant, 38e LÉGISLATURE, 1re
SESSION,Sous-comité des anciens combattants du Comité permanent de
la défense nationale et des anciens combattants, mercredi 23 mars
2005, disponible à http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=1717715&Language=F&Mode=2#Int-1183363
(vérifié 29 juillet 2016); research note: Éric Marinacci is a
former JAG officer in the seventies;
___________on MARINICI (sic), Captain Eric, see McDONALD,
R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at p. 213,
available at 103-242;
"Office of the JAG@JAGCAF18m18
minutes ago Cdr Lyse Markert and CPO1
John Wilson provided Unit Disciplinary Investigation training to @3MPRegiment
in Halifax recently. These sessions are delivered regularly to help
ensure investigations
at the unit level are conducted fairly in accordance with Canadian
law."
Image source: https://twitter.com/jagcaf?lang=en
(accessed and put on the internet by JAG on 17 September 2018)
____________legal officer with the OJAG; member of the Law Society
of Alberta & Nova Scotia; works in Halifax (2018);
OTTAWA – Le droit à l’autodéfense — même
préventive — justifie la légalité de la campagne aérienne
en Syrie en l’absence de «consentement explicite»
du président Bachar el-Assad, a plaidé le ministre fédéral
de la Défense.
Le Canada agira donc en conformité avec le droit
international lorsqu’il effectuera des frappes dans
l’espace aérien syrien dans l’objectif d’«éliminer» la
menace que représente le groupe armé État islamique (ÉI),
a exposé mercredi Jason Kenney.
«Nos opérations
militaires en Syrie sont justifiées en vertu de
l’article 51 de la Charte des Nations unies, précisément
en ce qui a trait au droit naturel de
légitime défense, individuelle ou collective», a-t-il
dit en point de presse.
Cet avis juridique
a été fourni au ministre Kenney par le juge-avocat
général, qui est l’avocat militaire principal des Forces
armées canadiennes (FAC).
Byron Marrello
MARRELLO, Byron Troy, notes:
Office of the Judge Advocate
General, Canadian Armed Forces
– Present (1 year)Ottawa,
Canada Area
Directorate of Administrative Law- Grievances
Provided legal advice to the Canadian Armed Forces in
relation to grievances and judicial reviews. Drafted legal
opinions and memoranda on complex administrative and
constitutional issues.
Directorate of Administrative Law- Compensation, Pension,
Benefits, Estates and Elections
Provided legal advice to the Canadian Armed Forces in
relation to the pay, benefits, pensions and estates of
members. Drafted legal opinions and memoranda on a range of
pay, benefits, pension and estate issues.
(source: https://ca.linkedin.com/in/byron-marrello-06274338,
accessed 13 April 2017);
___________Photo of Major Byron Marrello, on the OJAG Twitter
account:
"Office of the JAG@JAGCAFNov
19 [2019] Maj Byron Marrello earned
the
title Most Northerly Judge Advocate on his trip to @CanadianForces
Station Alert.
Maj Marrello was on the Ellesmere Island to provide
instruction to attentive #CAF
members on charge laying and unit disciplinary
investigations.", accessed 29 November 2019.
___________Unlocking the competitiveness of the fee : is Canadian
mobile service providers charging a fee to remove the software
lock after the contract expires anti-competitive?, Thesis
(LL.M.)-University of Toronto, 2012, iv, 68 leaves ; 28 cm;
MARRINER, Len (Leonard Phlip), 1931-2007, a well liked court
reporter at the OJAG; Len is on the right in the photo hereunder
with the JAG--MGen Jerry Pitzul;
[Photo source: (Nov-Dec 2000) 4 JAG
Newsletter-Bulletin d'actualités at p. 6,
accessed 26 October 2017]
___________on MARRINER, Len, see McDONALD, R. Arthur, (Ronald
Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office
of the Judge Advocate General, c2002, at p. 214, available at 103-242;
MARSAW, Dean, submarine Commander who was court martialed:
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
- COX, Kevin, "Marsaw ends hunger strike--Navy
restores his former rank", The Globe and Mail, 29
November 1996, at p. A1:
[Source: ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview,
accessed 4 November 2018]
- Court Martial Appeal Court:
R. v. Marsaw, 1997 CanLII 17154 (CMAC), <http://canlii.ca/t/ggpvw>, retrieved on
2018-11-04;
- "Canadian Navy is paying former submarine commander Dean
Marsaw up to $180,000 and allowing him to
retire with an honourable release rather than lauch another
court martial...", Canadian News Facts, 10/1997,
volume 31, issue 18, start page 5572, ISSN: 0008-4565;
information obtained from
http://yale.summon.serialssolutions.com/
#!/search?ho=t&l=en&q=canadian%20court%20martial,
accessed 7 February 2020;
-----------
Canadian Forces College gates,
source:
Mary-Ellen Clark, the author en.wikipedia.org/wiki/Canadian_Forces_College
Source:
canada.ca/en/department-national-defence/services/caf-jobs/life/gtkyf/profiles.html,
and look for year 2015 accessed 22 July 2018
CANADIAN BROADCASTING CORPORATION [CBC], "On the Beach",
The Fifth Estate: Re the Marsaw Affair, aired
Tuesday, 3 December 1996, 2100 h.;
MARSAW, Roy, "Old guard update: a military justice primer", (March
1988) 6(6) Esprit de Corps 26; Source: Cengage Learning, Inc.; title noted
but article not consulted (11 October 2018);
MARTEL, Jean, "Éditorial: Le tribunal mis en question", Le
soleil, 22 septembre 1997, cahier B, à la p. B6;
disponible à http://collections.banq.qc.ca/ark:/52327/2913535,
consulté le 18 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
Please note that the title in bold at the top of the
article has been omitted
Image
source for Kimberley Marten: , accessed 26 December 2014
MARTEN, Kimberley, From Kabul to Kandahar: The Canadian Forces
and Change, Barnard University, Columbia University, Prepared
for delivery at the annual convention of the American Political
Science Association, Toronto, 5 September 2009, 40 p.; available
at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1449361
(accessed on 2 August 2014); also published at (June 2010) 40(2) American Review of Canadian Studies
214-236;
Military lawyers—lawyers who are legal
officers in the Canadian Forces—
are virtually ignored in the Canadian legal literature.
This article assesses
what appear to be the most striking potential legal ethics
issues facing
military lawyers. Several of these issues arise because
military lawyers are
both lawyers and military officers at the same time, and
therefore face two
sets of obligations that interact in complex ways. Some
issues, however, arise
because of the special practice contexts of military
lawyers, for example,
advising military commanders on the law of armed conflict.
As context for
this discussion, the article examines the relationship and
tension between
the Judge Advocate General and the Minister of Justice. It
concludes with
recommendations for amendments to the rules of
professional conduct and
the legislation governing the Canadian Forces to resolve
these ethical issues.
The article also proposes legislative amendments to
clarify the relationship,
and reduce the tension, between the Judge Advocate General
and the Minister
of Justice.
MARTIN, Beth, "Revamp militaryjustice, opposition MPs demand", Edmonton Journal, Mar 21,
1989, p. D1;
MARTIN, Craig, What Role and Rules for Canada's Armed Drones?
Canadian Global Affairs Institute, December 2018, ISBN:
978-1-77397-055-4 . Available at SSRN: https://ssrn.com/abstract=3308515
(accessed 16 March 2019);
MARTIN, Dominic G.J., Major, member of the OJAG, acted as the
representative of the Director of Military Prosecutions in the case
of Daigle M. (Corporal), R. v., 2017 CM 1003 (CanLII), <http://canlii.ca/t/h4bfw>
(accessed 9 May 2018);
___________photo de promotion à Lieutenant-Colonel pour Dominic
Martin. Félicitations!
Dominic Martin promu au rang de Lieutenant-Colonel et
félicité par le Colonel
Bruce MacGregor à gauche.
[source de la photo: Canadian Military
Prosecution Service@CMPSCAFJul
25 [2019], accessed 27 July
2019]
___________photo still of Major Dominic Martin, represening Her
Majesty the Queen, before the Supreme Court of Canada hearing,
16 October 2018,Warrant Officer J.G.A. Gagnon v. Her
Majesty the Queen (Federal Court) (Criminal) (As of Right), Case
Docket 37972, https://www.scc-csc.ca/case-dossier/info/dock-regi-eng.aspx?cas=37972;
MARTIN, Dov, "Death, Hope and the Cost
of a Bullet in Afghanistan" Durlaw
Voice, Fall 2014, Volume I, issue III, at p. 3;
available at http://www.defendme.ca/resources/FallDurLawVoice-p3.pdf
(accessed 11 January 2016); article about Major David
Hodson;
------------------------ Image source: www.cba.org/Sections/Military-Law/Galleries/Photo-Gallery/2014/2014-Ethics-and-Military-Law-Conference,
accessed 13 September 2016 Joelle Martin and Robert Young
On the right, Robert Young, senior delegate for the
International Committee of the Red Cross with MGen Blaise Cathcart
with their child; image
source:
Committee of the Red Cross, 2014
Common Law Bulletin, University of Ottawa, Spring 2008, p. 11.
MARTIN, Joelle and Robert M. Young, "Unfinished business: Canada's contribution to
promoting compliance with international humanitarian law through the
protection of civilians in armed conflict agenda of the United
Nations Security Council", (2009) 27 WindsorYearbook of Access
to Justice 347-383;
During its 1999-2000 term on the United Nations
Security Council, Canada helped launch the Council's
"Protection of Civilians in Armed Conflict"
agenda. This aimed to reduce civilian war casualties
through better respect for international humanitarian law
[IHL]. This article reviews the agenda's
origins and evolution ten years on. The authors focus
on Canada's contributions in increasing the
Council's efforts to protect civilians, with three main
assertions. First, Canada had a key role in
creating and promoting the agenda, an important IHL
initiative. Second, the agenda is well established in
the
Council's work, but needs further effort to ensure greater
impact in specific situations. Third, Canada could develop the
agenda and improve respect for
IHL if it joins the Security Council for the 2011-2012
term, picking up its "unfinished business" from its last
Council term.
(source: http://web.archive.org/web/20130407065442/http://www.icrc.org/eng/assets/files/2012/ihl-bibliography-4th-trimester-2011.pdf,
at p. 31, accessed 16 March 2015)
Calgary military reservist Darryl Watts won’t have to
serve jail time for his role in a deadly Afghan training
exercise
three years ago, a judge ruled Wednesday.
Instead, Watts was stripped of his rank as major in the
Canadian Forces and reduced two levels to a lieutenant.
Cmdr. Peter Lamont said the jail term sought by the
prosecution was too harsh, but Watts required more than
the
simple reprimand sought by the defence.
The detainees' imbroglio figured prominently in
the resignation of defence minister Gordon O'Connor. It
prompted revelations by diplomat
Richard Colvin that tore holes in the government's
credibility. It prompted a mea culpa by Chief of the Defence
Staff Walter Natynczyk.
It was a factor behind Stephen Harper's much-regretted
decision to prorogue Parliament, a move that sparked a
national protest. It led to
an extraordinary ruling from House Speaker Peter Milliken
condemning the government for breach of parliamentary
privilege in its refusal
to release uncensored documents.
--9th Judge Advocate General, 1986-1990
Brigadier-General Robert L Martin
photo reproduced from the back dust jacket of McDonald, R.
Arthur, Canada's Military Lawyers, infra.
MARTIN, Robert L. (Bob), 1932-2011, there is an intervention
by BGen R.L. Martin in (1989) 28 Military Law
and Law of War Review on peacekeeping operations; notes in
my research on 11 February 2016;
___________ The employment of the Canadian Armed Forces in the
maintenance of law and order in Canada, Kingston (Ontario):
National Defence College of Canada, 1986, 26 p., (series; National
Defence College of Canada course paper); copy at Canadian Forces
College Library, call number 355.005 N3 1986 no.04; available
at http://www.lareau-legal.ca/A-2015-01171.PDF
(put on line on 12 August 2017); Brigadier-General Martin was the
Judge Advocate General from 10 November 1986 to 10 November 1990;
document obtained as a result of a request to DND Director
Access to Information and Privacy, file A-2015-01171, dated 22
September 2015;
___________on MARTIN, Brigadier-General Robert L. (Bob), see
McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military
Lawyers, Ottawa : Office of the Judge Advocate General, c2002,
at pages 128, 130, 132-134, 143 and 153, available at 103-242;
MARTIN, Walter M. (Walter Melville), died in 1977, Group
Captain, was JAG RCAF Overseas effective 1 February 1945, see
McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military
Lawyers, Ottawa : Office of the Judge Advocate General, c2002,
at p. 59, available at i-xii and 1-102;
___________on MARTIN, Walter, see "Ex drug-prosecutor, Walter Martin
named county court judge", The Globe and Mail, 17 August
1967, at p. 3:
ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca...,
accessed 15 September 2018
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
___________on MARTIN, Walter, see "Eight Nazis Face Trial For Murder
of Airmen", The Globe and Mail, 18 February 1946 at p. 3;
ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca...,
accessed 13 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
Note: title omitted from article's image above.
____________on MARTIN, Walter, see "Walter Martin:Judge was
counsel at Mimico inquiry", The Globe and Mail, 26 January
1977, at p. 4;
____________on MARTIN, Walter, see "York East. Three-Way
Race in Largest Riding", The Globe and Mail, 16 June 1949,
at p. 8;
___________photo of MARTIN, Walter M., Wing Commander with his wife,
The Globe and Mail, 27 October 1944, at p. 11;
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
Source: ProQuest Historical Newspapers, The Globe
and Mail
https://search-proquest-com.ezproxy.biblioottawalibrary.ca....,
accessed 25 November 2018
MARX, Herbert, 1932-2020, " 'The 'Apprehended Insurrection' of
October 1970 and the Judicial Function", (1972) 7(1) UBC Law
Review 55-69;
____________ "The Emergency Power and Civil Liberties in Canada",
(1970) 16 McGill Law Review 39-91; Herbert Marx was one
of my law professors of constitutional law in the early 1970s at
the University of Montreal; he also became the Quebec
minister of justice and later on a judge; available at http://lawjournal.mcgill.ca/userfiles/other/4841543-marx.pdf
(accessed 18 October 2018);
___________ "Human Rights and Emergency Powers", in The Practice of freedom : canadian
essays on human rights and fundamental freedoms, Toronto:
Butterworth, 1979, at pp. 439-462;
MASON, J.A.R. (Jim), 1891-1977, "Case and Comment :
Military Tribunals -- Restraint of By Civil Courts -- Habeas
Corpus and Prohibition", (1946) 24 Canadian Bar Review
210-217; Research Note: article comments in part on In
the Matter of the King v. George Hector Thompson,
[1946] O.R. 77 (LeBel J.) and The King v. George H.
Thompson, [1946] O.W.N. 217 (Urquhart J.); available at : https://cbaapps.org/cba_barreview/Search.aspx?VolDate=06%2f01%2f2017,
accessed 22 October 2017;
____________on MASON, Group Captain J.A.R., see McDONALD, R.
Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at p. 59,
available at i-xii
and 1-102;
___________on MASON, Group Captain J.A.R., having authority to
perform "the powers, duties and functions of the Judge
Advocate-General", see :
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
___________photo of J.A.R. Mason with others, see "Three Lawyers
Defending London Doctor Who Is Now on Trial for His Life", The
Windsor Star, Tuesday, 1 March 1938 at p. 12, available at
https://www.newspapers.com/image/...., accessed 22 June 2020;
trial of Dr. Cline, in London, abortion murder of Miss Mary
Wilkinson;
From left, J.A.R. Mason, James C. McRuer and William E.
Dyer
MASON, John William, Basic Freedoms in the Canadian
Armed Forces, Thesis (M.A.), Carleton University,
Ottawa, Ontario, 1972, ii, 159, [12], vii p. (Canadian
theses on microfilm; 10946); available at http://curve.carleton.ca/theses/21222
(accessed on 11 August 2013);
MASON, Peggy, “RE: Need for Commission of Inquiry on
Canada’s Transfer of Afghan Detainees to Torture”, Rideau
Institute, June 7, 2016; title noted in my research but
document not consulted yet (21 December 2020);
Peggy Mason, image source:
opencanada.org/contributors/peggy-mason/,
accessed 29 December 2017
MASON, Peggy and Omar Sabry, "How Canada failed Afghan detainees:
Canada knowingly transferred detainees in Afghanistan to
facilities where torture was rife. Since then, the Canadian
government has avoided all accountability. This is our unfinished
business", Open Canada . Org, 16 October 2015, available at https://www.opencanada.org/features/how-canada-failed-afghan-detainees/
(accessed 29 December 2017);
The government of Stephen Harper vociferously
resisted — and systematically blocked — all efforts at
transparency and accountability.
Citing operational security concerns, it refused to
provide uncensored information to the public,
Parliament, the Federal Court and the
Military Police Complaints Commission (MPCC). It used
court challenges to prevent the MPCC from
investigating the policy decisions
behind the transfer of Canadian-held prisoners to
Afghan torturers. It also thwarted an investigation by
the House of Commons special
committee on Afghanistan, first by refusing to
disclose documents and then by shutting down the
committee when the Conservatives
won a majority in 2011.
How could Canada have strayed so far from its
bedrock principles of respect for human rights
and the rule of law? Through persistent
obfuscation, Prime Minister Harper has sought to avoid
any accountability for alleged grave breaches of
international and Canadian
laws prohibiting torture.
Only a public inquiry — if not by Harper, then by
his successor — will allow us to understand what went
so terribly wrong in Kandahar,
and how to ensure that it never happens
again. Our common humanity demands no less.
He holds a Bachelor of Laws from Université Laval
(Québec) and a Masters in European Law from the Université
de Nantes (France).
He was called to the Quebec Bar in 1998. Mr. Massicotte is a
lecturer at Université Laval where he teaches “Professional
Practice II”,
a course in construction law dedicated to master's students
in architecture. Since 2006, he also teaches at the École
du Barreau du Québec
and has been an instructor for the Ordre des
architectes du Québec for more than ten years. He is
also a guest speaker for various
organizations and professional associations. Finally, he
served as a Deputy Judge Advocate in the Canadian Forces for
just over six years.
___________on MASSICOTTE, Samuel, Université Laval, RPA
: Rapportdu programme en
architecture soumis au Conseil canadien de
certification en architecture, 10 septembre
2018, la page BV 194, disponible à https://www.arc.ulaval.ca/files/arc/RPA_EAUL_DocB.pdf
(consulté le 16 février 2018):
Samuel Massicotte
Avocat • Stein Monast, Avocats
S.E.N.C.R.L.
2006-2012
Juge-Avocatadjoint
–Cabinetdu Juge-Avocat
Général, Ottawa Officier de la réserve navale, au
grade de Lieutenant de vaisseau, conseiller
juridique aux Commandants d’unités en droit disciplinaire
Image
source: brill.com/international-military-missions-and-international-law,
accessed 16 December 2016
MASSIE, Justin, professeur, "Quadrilatère transatlantique :
sources de légitimité politique de l’usage de la force militaire
au Canada" (2008) 37 International Journal of Canadian Studies
83–114; disponible à https://www.erudit.org/fr/revues/ijcs/2008-n37-ijcs3714/040796ar.pdf
(consulté le 5 juin 2018);
____________ "Relations extérieures du Canada et du Québec",
[titre du cours], POL 8421-20, Université du Québec à Montréal,
Département de science politique, Hiver 2014, 27 pages; syllabus
du cours avec bonne bibliographie; disponible à http://politique.uqam.ca/upload/POL8421-20-H14-Massie.pdf
(vérifié 9 septembre 2015);
An experienced public speaker, I’ve been giving
presentations to large crowds from a young age.
I went from president of the youth council to administrative assistant for the Judge
Advocate General.
I have lots of experience with the public from all across
Canada. As an active military employee,
I’ve learned to always give 110% and will do the same for
your wedding celebration.
[oversized bold is my own]
MASSON, H.M., Captain, Régiment de Maisonneuve, was a legal
officer in military district number 4 with Headquarters in Montréal
1943, see The Quarterly Army List, October 1943, Part I, London:
His Majesty's Stationery Office, 1943 at p. 163 (bottom page number)
or p. 179 (top page number), available at https://deriv.nls.uk/dcn23/8903/89030567.23.pdf
(accessed 21 March 2019);
___________sur le capitaine Henri Masson, voir l'article et la photo
dans "Nomination de Henri Masson", Le soleil, Québec, le 4
mars 1944 à la p. 16 et disponible au permalien http://collections.banq.qc.ca/ark:/52327/3439040,
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
Photo of Major David Hodson in article
MASSOUD. A.H., "Oshawa Lawyer Contributed to the Rule of Law in
Afghanistan", DurLaw Voice, Spring 2015, Vol.I, issue
IV, at p. 12, available at http://www.durhamregionlawassociation.com/SpringDURLAW2015.pdf
(accessed 10 January 2015); about Major David Hodson;
MASTERSON, W.J., Capt., was the prosecutor referred to in the
article "Irregularities Charged: Move to Quash Trial of Deane"
, The Winnepeg Tribune, Tuesday 23 April 1946 1 at p. 3 (the
title at p. 3 is "Court Martial"); the Judge Advocate was Major
W.M.W. Shaw; defence counsel Mr. J.J. Kelly and the accused RSM
Henry Leonard Deane, at Fort Osborne Barracks; W.J. Masterson was a
Crown prosecutor in Vancouver, circa 1954;
MATAMBO, Alfred, Lieutenant-Colonel, "Leveraging Autonomous
Technology for Advanced Joint Warfare", Canadian Forces College,
JCSP 45, May 2019, Exercise Solo Flight, 26 p., available at https://www.cfc.forces.gc.ca/259/290/308/305/matambo.pdf
(accessed 9 August 2020); IMPORTANT
CONTRIBUTION!
Step One [of the targetting
process]: End State and Commander’s Objectives
demands commanders develop their mission,
objectives, intent, priorities and
desired effects while
clarifying the Rules of Engagement (ROEs) and acceptable
collateral damage. ... The Force Legal Adviser(LEGAD)
takes a leading role in legitimizing the
target selection.
This process ensures that the selected targets
fall within the LOAC principle of “Military
Necessity” and “Distinction”.51 The products of the
first step are then passed to the second step which is Target
Developmentand Prioritisation.52
StepTwo of
the targeting cycle is heavily reliant
on all source intelligence. It firstly
involves Target
System Analysis (TSA). TSA
requires collection of detailed intelligence on each individual target from
step one to determine operational
and legal aspects in engaging it.
....
___________ 51International
Committee of the Red Cross,The Law of Armed
Conflict: Basic Knowledge. (Geneva: ICRC, 2002), 1-29. Accessed online from https://www.icrc.org/en/doc/assets/files/other/law1_final.pdfon 24
March 2019.
52Joint Doctrine Branch, Canadian
Forces Joint Publication: CFJP 3-9 Targeting 1st Edition.
(Ottawa: Department
of National Defence, 12 December 2014), 4-1 to 4-20.
MATAS, David, "Equality and the Military Abroad", August 2006,
pdf format, part of the "2006 Canadian Legal Conference Full
Binder"; available from the Canadian Bar Association Store;
$40.00 for non-members and $25.00 for members;
"The Canadian military policy on
restrictions of duty violates equality principles. Why that is so
requires looking at the past versions of
that policy and its evolution. At one time, the Canadian Forces
had an explicit policy of excluding all Jews and all Moslems from
peacekeeping duties in the Middle East. The policy dated from
1974."
(Source of all this entry in my bibliography:, http://www.cba.org/cbastore/search.aspx?pubid=2&subject=Military+Law,
accessed on 8 April 2013)
Chief Justice, Court of Queen’s Bench, Neil
Wittmann and Chief
Provincial Court Judge Terry Matchett (photo Bill Brooks), available
at (accessed on 18 April 2020).
MATCHETT, Terrence J., appointed to Provincial Court of Alberta
in 2008:
Terrence
J. Matchett, Q.C. received
his law degree from the University
of New Brunswick in 1977.He
was called to the Bar in New Brunswick
in 1977, in Saskatchewan in 1980, and in Alberta in
1985.Since
August
2001, he has been Deputy Minister of Alberta Justice
and Deputy Attorney
General. Priorto
that, he was the Assistant Deputy Minister of the
Criminal Justice Division. He is also a formerprosecutor and Director of
the
Special Prosecutions Branch of Alberta Justice. His
experience includes
several years as Regional Crown Prosecutor responsible
for criminal
prosecutors in northwesternSaskatchewan
as well as three years in the
private sector defending criminal matters. He has
lectured atnumerous
continuing legal education conferences and seminars as
well as at the
University of AlbertaLaw School, and was a member of the Judge
Advocate General Advisory Panel on Military Justice.
[source: alberta.ca/release.cfm?xID=240947596F5B7-9F92-E368- 2444C374CA7EF234,
accessed 18 April 2020]
MATHIEU, Carol, Law of war training for the Canadian
Forces : a luxury or a necessity, Toronto: Canadian Forces
Command and Staff College, 1984 (series; Exercise New Horizons;
DSIS 01727), 1 microfiche; research notes: LCol Mathieu was court
martialled twice and twice acquitted; LCol Mathieu testified at
the Somalia inquiry; his paper is probably on the CD of the
commission;
___________research note pour aller plus loin: LCol Carol Mathieu
was court martialed twice and twice acquitted; the transcripts of
his two courts martial are on the CD of the commission available
at universities;
MAYBEE, Larry, Major, legal officer, member of the OJAG, see
"Major Larry Maybee" in the article by the New Zealand Army, Legal
Service, Directorate of Legal Services, Headquarters New Zealand
Defence Force, Wellington"Kiwi Corner: A Random update on former
JAG Officers serving in the New Zealand Armed Forces", 1997, 3
pages, in (January-February 1998) JAG Newsletter-Bulletin
d'actualités;
Major Larry Maybee CD, formerly Somalia Coordinator and
DJA Petawawa, was the
second and ("no promises") last Canadian to take up a
position with the New Zealand Armed
Forces as a legal officer.
Larry moved to Wellington, NZ in February 97 and joined
the New Zealand Army Legal Service
as a Major. He spent 20 years in the Canadian Armed
Forces, the first 15 of which were as an
Armoured officer (and a professional student) and the last
5 as a legal officer with JAG. He attended
the University of New Brunswick Law School under MLTP and
was admitted to the NB bar in 1992.
....
His call to the [New Zealand] bar was on 20 November
97....
Larry Maybe
____________see video on MAYBEE, Larry: "Larry Maybee talks about
ICRC", You Tube, available at https://www.youtube.com/watch?v=EYI2YBKNQFw
(accessed 13 January 2019);
Source of
image: https://twitter.com/amayeda, accessed 23 September 2016
Andrew Mayeda
MAYEDA, Andrew, "Afghan security contracts tightened up; Contractors
working for Canada's military told they must obey international
humanitarian law while doing duties", The Vancouver Sun, 27
May 2008 p. A5;
Caroline Maynard
MAYNARD, Caroline, Interim Chairperson and Chief Executive Officer
of the Military Grievances External Review Committee for a one-year
term, commencing on January 4th, 2017:
Ms. Caroline Maynard was appointed Interim
Chairperson and Chief Executive Officer of the [Military
Grievances
External Review] Committee for a one-year term, commencing
on January 4th, 2017. Her term was recently extended
to April 3rd, 2018
Since 2006, Ms. Maynard has held the position of Director
of Operations and General Counsel to the Committee.
Prior to working at the Committee, Ms. Maynard worked as
Legal Counsel at the office of the Judge Advocate
General (Department of National Defence), the RCMP
External Review Committee, the Canada Revenue Agency
and in private practice.
She holds a Bachelor of Laws from Sherbrooke University
and has been a member of the Quebec bar since 1994.
Caroline Maynard is the current Information Commissioner
of Canada. She was appointed for
a seven-year term on March 1, 2018.
Appointed by and reporting directly to Parliament, the
Commissioner investigates complaints
about how federal institutions process and respond to
requests under the Access
to Information Act,
Canada’s freedom of information legislation. When
required, the Commissioner also pursues points
of access before the courts.
The Commissioner provides arms-length oversight of the
federal government’s access to information
practices, working with institutions to ensure they meet
their obligations under the Act.
As an Agent of Parliament, the Commissioner offers
information and advice to Parliamentarians on
matters related to access to information.
The Commissioner is supported in her work by the Office
of the Information of Canada.
Prior to her appointment as Information Commissioner, Ms.
Maynard led the Military Grievances
External Review Committee for as Interim Chairperson and
Chief Executive Officer from January
2017 to March 2018, after serving as Director General,
Operations, and General Counsel in the
organization for a number of years. Earlier in her career,
she was Legal Counsel in the Office of
the Judge Advocate General and the Royal
Canadian Mounted Police External Review Committee.
Ms. Maynard also worked with the Canada Revenue Agency and
briefly in private practice.
Ms. Maynard holds a Bachelor of Laws from the Université
de Sherbrooke, and has been a member
of the Quebec Bar since 1994. A native of Saint-Hyacinthe,
she lives in the National Capital Region
with her family.
[emphasis in bold and size added]
___________on Caroline Maynard and see her testimony in Pouliot v.
Deputy Head (Canadian Forces Grievance Board), 2014 PSLRB 94
(CanLII), <http://canlii.ca/t/gfkls>,
accessed 14 September 2020;
___________on Caroline Maynard, the Information Commissioner, see
her decision about a memorandum of Understanding between Justice
Canada and DND/CF for the provision of legal services,
available at http://www.lareau-law.ca/Access-2015-00288.pdf,
accessed 26 June 2020; the complainant was François Lareau;
here is an excerpt hereunder:
Major Kim Maynard is a member of
Office of the Judge Advocate General of the Canadian Forces and
currently works as a Legal Staff Officer
and Instructor with the Military Law Centre at the Canadian
Defence Academy. Previous positions include that of Legal
Advisor with the
Directorate of Law – Intelligence and Information Operations (2009
– 2010), Deputy Judge Advocate at 8 Wing Trenton (2005 – 2009) /
Acting Assistant Judge Advocate General Central Region
(2008-2009), and Legal Advisor to the Canadian Forces Health
Services Group
Headquarters (2003 – 2005). Major Maynard joined the
Canadian Forces as a legal officer in 2002.
___________photo, source: (2005) 1 Les actualités JAG
Newsletter at p. 59:
Pressing(and holding) the Ctrl
key and scrolling the wheel of the mouse
allows to zoom in or out of the web page being viewed
Photo
by MCpl Paul MacGregor, Canadian Forces Combat Camera,
IS2005-1174a
Captain Kim Maynard, 2005, Legal Officer,
Ampara, Sri Lanka
Captain Kim Maynard, a Legal Advisor with the Canadian
Forces Disaster Assistance Response Team (DART), fills her
CAMELBAK hydration system.
Capt Maynard from Trenton, Ontario is in Sri Lanka to
provide humanitarian aid.
Ampara, a district of approximately 600,000 people, was
hit hard by the December 26 tsunami and suffered an
estimated 10,400 deaths. An estimated total
of 105,560 people have been forced to seek temporary
shelters.
--------
From the left: Martin Pelletier, Maureen
Pecknold,
Kim Maynard (source: www.cba.org/Sections/Military-Law/Executive,
accessed 29 August 2016)
Anne London-Weinstein and Philip Millar
The key note address was
given by Rear-Admiral Jennifer Bennett, the Director
General of the Canadian Armed Forces Strategic
Response Team on Sexual Misconduct. She focussed on
steps the CAF
have taken and continue to take to recruit, retain and
integrate women, and she described the campaign to
address the “sexualized culture” as described in the
Deschamps Report, in
the CAF.
The address was followed by an engaging panel on the
challenges of sexual assault proceedings from the
perspective
of a military prosecutor (Maj Maureen Pecknold), a
civilian defence lawyer (Ms. Anne London-Weinstein) and
a civilian lawyer
who regularly represents victims of sexual assault, (Mr.
Phillip Millar). The panel was moderated by Commander
Martin Pelletier,
Military Judge.
___________research note: LCol Kim Maynard, recent photo with
others:
"Office of the JAG @JAGCAF2
hours ago [2 May 2019] AJAG Central LCol Kim Maynard,
MGen (Ret’d) Fraser Holman, Maj Eric Weaver, DJA Toronto,
and LCol (Ret’d) Diane Kruger
enjoyed the annual joint dinner of the @rcmiHQ
and the @RoyalCdnLegion
earlier this
week, a great opportunity to connect with defence
stakeholders".
MAYNARD, Robert, "Rules of engagement in ground operations
: a legal or training problem?", JCSP: Master of Defence
Studies (2008), available at http://www.cfc.forces.gc.ca/259/260/262/maynard2.pdf
(accessed
on 2 January 2012);
Image source: http://www.provincialcourt.bc.ca/enews/enews-05-04-2016
(accessed 9 October 2016)
"Major Randy Callan (as he then
was (on the right) and Major Bruce Mayo,
Kandahar airfield 2002"
MAYO, Bruce, biographical notes taken from the following article:
SAMSON, J. Jason, "AJAG Ottawa: JAG's Latest Addition", (2003) 1 JAG
Newsletter -- Les actualités 88-89, at p. 88:
Major Bruce Mayo enlisted in the CF in 1974 and
served with the military police. In 1982 he took his
release from the CF and attended law school at the
University of Manitoba. He was called to the
Manitoba bar in 1986. After practicing law in Brandon,
Manitoba, he re-joined the CF as a legal
officer in 1988.
___________on MAYO, B.C., Capt, see the article where Capt. Mayo
is the prosecutor: Jones, Lyndon, "Court Martial Hears Final
Summation", The Whig Standard, Kingston, 23 November
1989, at p. 1; re court martial of Warrant officer George
Turnbull; the Judge-Advocate was Colonel Pierre Boutet and the
defending officer Major G.K. Duncan;
___________was a lawyer and
a Captain on 31 December 1990 with the
OJAG; his
seniority date for
that rank was 1
September
1988(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 power of flight safety : A background and overview
of Bill C-7, An Act to Amend
the Aeronautics Act, Part 2" (April/Avril 2008) Sword& Scale -- Salut militaire;
available at http://www.cba.org/CBA/newsletters/mil-2008/news.aspx
(accessed on 26 April 2012); FRANÇAIS: ___________"Le pouvoir de la sécurité aérienne : contexte
et teneur du projet de loi C-7, Loi
modifiant la Loi sur l'aéronautique" (April/Avril 2008) Sword& Scale -- Salut militaire;
disponible à http://www.cba.org/abc/nouvelles/mil-2008/nouvelles.aspx#article3
(site visité le 26 avril 2012);
Dr. Richard O. Mayne, photo detail,
twitter.com/RCAF_ARC/status/1022492905045454848
MAYNE, Richard O., Lieutenant (N), "Protesters or Traitors?
Investigating Cases of Crew Sabotage in the Royal Canadian Navy:
1942-45" (Spring 2005) 6(1) Canadian Military Journal
51-58; available at http://www.journal.forces.gc.ca/vo6/no1/history-histoire-eng.asp
(accessed 1 October 2017); in 2016, Dr. Richard Oliver Mayne is
Director, RCAF History and Heritage;
MAZER, Brian Michael, Manhattan to missiles : Canada, nuclear
weapons and international law : an interdisciplinary study,
LL.M. University of Alberta, 1977, xii, 200 leaves ; 28 cm;
Image
source: https://twitter.com/pjmazereeuw
Peter Mazereeuw
MAZEREEUW, Peter, "‘No money’ to bring in missing-in-action
military justice reforms, four years after being made law.
The government still hasn’t brought into force several big changes
to the way the Canadian Forces disciplines its members, and says
doing so will be complicated and expensive", The Hill Times,
23 January 2018; available at http://www.hilltimes.com/2018/01/22/no-money-bring-missing-action-military-justice-reforms-four-years-made-law/131582
(accessed 23 January 2018);
Image
source: iclmg.ca/press-release-appointment-of-new-iclmg-national-coordinator-monia-mazigh/,
accessed 11 October 2016
Monia Mazigh
MAZIGH, Monia, "Oversight and Review Mechanisms: Which One to
Choose?", News from International Civil Liberties Monitoring
Group, 12 January 2016 ; available at http://iclmg.ca/oversight-and-review-mechanisms-which-one-to-choose/
(accessed 21 January 2016);
On February 19, 2015, four former Canadian Prime
Ministers wrote an op-ed in the Globe and Mail entitled “A
Close Eye on Security Makes Canadians Safer”.
They were urging Canada to implement an accountability
regime that would deal with the government national security
activities.
...
Canada is the only country amongst the Five Eyes without
any sort of oversight process regarding its national
security agencies. However, Canada has two
external review bodies:
The Security Intelligence review Committee (SIRC)
established in 1984 to review CSIS activities;
The Communication Security Establishment (CSE)
Commissioner established in 1996 to review CSE
activities.
...
Today, there are 17 Canadian agencies involved in national
security information sharing, and only three have some sort
of a review mechanism: CSIS,
the CSE and somewhat the RCMP. What about departments and
agencies such as Public Safety, Canada Border Services
Agency (CBSA), Financial
Transactions and Reports Analysis Centre (FINTRAC), Foreign
Affairs, etc? They have none.
...
In 2005, Bill C-81 was introduced by the Liberal
government as an Act to establish a National Security
Committee of Parliamentarians. It is the first
attempt after the “Maher Arar case” to create an oversight
body. This legislation died when the Parliament was
dissolved on October 29, 2005 and
general elections were called.
In 2013, private member’s bill C-551 was introduced by
Liberal MP Wayne Easter. The proposed legislation was to
establish a parliamentary
committee to oversee all national security activities. The
bill stopped at the first reading in the House. Private
member bills rarely become laws especially
under majority governments, which was the case at the
time.
In 2014, private member’s bill C-622 was introduced by
Liberal MP Joyce Murray with the intent to impose greater
judicial and parliamentary scrutiny
on the CSE as well as creating a Parliamentary Committee
on intelligence and security matters. The bill was voted
down at the second reading.
And finally, in 2014 again, Bill S-220 was introduced by
the Conservative Senator Hugh Segal and supported by his
liberal colleagues Roméo Dallaire and
Grant Mitchell. The intent of the bill was to create an
all-party committee of parliamentarians on national
security and intelligence oversight. The bill stopped at
the second reading in the Senate.
Dominic McAlea at Canadian HQ Bahrain, photo reproduced from
McDonald, R. Arthur, Canada's Military Lawyers, infra,
at p. 141.
McALEA, Dominic D., Colonel, Biographical notes:
Colonel (Retired) Dominic McAlea
Colonel (Retired) McAlea joined the Perley and Rideau
Veterans’ Health Centre Foundation as a board member
earlier this year. Dominic was
called to the Bar of Ontario and enrolled in the
Canadian Armed Forces in 1981. He then served over 34
years in the Canadian Armed Forces.
During that period, he prosecuted and defended within the
Canadian Armed Forces courts martial system, served with
the Special Service
Force in Petawawa, completed Master of Laws studies in
Public International Law at the London School of Economics
and Political Science,
deployed to the Middle East during the 1st Gulf War,
investigated war crimes in the Former Yugoslavia, provided
legal advice to SACEUR
while posted to the Supreme Headquarters Allied Powers
Europe, helped negotiate and draft the Rome Statute of the
International Criminal
Court, helped develop and promulgate the suite of
anti-terrorism legislation post 9/11, completed Master of
Philosophy studies in International
Affairs at the University of Cambridge, deployed to the
Democratic Republic of the Congo and drafted the strategic
plan for reforming the
Congolese military justice system, worked on the
International Military Staff at NATO Headquarters
overseeing NATO-led operations in
Afghanistan, and then deployed to Kabul as Canada’s
Defence Attaché to Afghanistan before retiring at the rank
of colonel earlier this year.
(source: https://www.perleyrideau.ca/article/colonel-retired-dominic-mcalea--243.asp,
accessed 27 February 2017).
___________"Le droit de Genève -- Comment assurer son application
effective", (1992) 23(4) Études
internationales 833-842; disponible http://www.erudit.org/revue/ei/1992/v23/n4/703087ar.pdf
(site visité le 28 février 2012);
Full-time Vice-Chairperson [to the
Military Grievances External Review Committee]
Four-year term, from March 28th, 2018 to
March 27th, 2022
Dominic McAlea is a senior executive with extensive
management experience with the Canadian Armed Forces,
Department of Justice and Global Affairs Canada. A
barrister and solicitor, Mr. McAlea’s background
includes
serving as a Deputy Judge Advocate General in the
Canadian Armed Forces, and Canadian Defence Attaché to
Afghanistan, in Kabul. His expertise includes
strategic planning, policy development and
implementation,
developing and promulgating Federal legislation and
regulations, criminal and civil accountability
systems,
and consensus building nationally and internationally.
Mr. McAlea holds a Bachelor of Laws from the University
of Windsor; Master of Laws in Public International
Law from the London School of Economics and Political
Science; and a Master of Philosophy in International
Relations from the University of Cambridge.
---------
Dominic McAlea
Vice-président à temps plein [au
comité externe d'examen des griefs militaires]
Mandat de quatre ans du 28 mars 2018 au 27 mars
2022
Dominic McAlea est un cadre supérieur qui possède
une vaste expérience en gestion au sein des Forces
armées
canadiennes, au ministère de la Justice et
Affaires mondiales Canada. Avocat et conseiller
juridique, M. McAlea
a déjà servi comme juge-avocat général dans les
Forces armées canadiennes et comme attaché de
défense du
Canada en Afghanistan, à Kaboul. Son expertise
comprend la planification stratégique,
l’élaboration et la mise
en œuvre des politiques, l’élaboration et la
diffusion de lois et de règlements fédéraux, des
systèmes de
responsabilisation criminels et civils, et
l’établissement de consensus, à l’échelle
nationale et internationale.
M. McAlea détient un baccalauréat en droit
de l’Université de Windsor, une maîtrise en droit,
droit public
international, du London School of Economics and
Political Science et une maîtrise en philosophie
et relations
internationales de l’Université de Cambridge.
Colonel McAlea focused on the
challenges facing Western states seeking to reform dysfunctional
institutions in the developing world. Drawing
on the Canadian experience in the Democratic Republic of the Congo
(DRC), he highlighted the difficulties associated with altering
entrenched
patterns of behavior in a country with a legacy of instability and
conflict. In countries such as the DRC, the security apparatus is
often deeply
distrusted by the civilian population. To alter this dynamic, the
partner countries must implement reform programs specifically
tailored to the
situation on the ground, with the overarching aim of promoting the
rule of law and increasing accountability among the security
services. In
the context of the DRC, Canadian military personnel spearheaded
efforts to: reform the payroll system for the Congolese military;
provide skills
training for officers involved in the military justice system; and
sought to integrate former rebel forces into the national
army. However, while
arguing that initiatives of this nature are a vital first step in
resolving the more entrenched problems present in a fragile state,
McAlea also pointed
out that capacity building is a lengthy process that requires a
considerable amount of time to produce lasting results.
Colonel McAlea on the Rule of Law and
Military Justice in Africa Return
to top.
CENTRE FOR SECURITY AND DEFENCE STUDIES: SPEAKER SERIES
2009-10
"The Rule of Law and Military Justice in Africa: Partners
in Accountability"
Col. Dominic McAlea
Deputy Judge Advocate
Canadian Forces
Security sectors in failed or failing states reflect, and
often contribute to, the weaknesses that lead to the failure
of their respective states. Establishing sustainable peace
and Rule of Law in failed states requires, among other
things, real security sector reform - reform that includes
the military justice sector. This session will consider
military justice in the context of security sector reform in
failed or failing states using the Democratic Republic
of the Congo as the vehicle for discussion.
Col. Dominic McAlea has served as Deputy Judge Advocate
Regional Services in Ottawa since September 2006.
Previously, he served as DND/CF Deputy Legal Advisor -
Military. In 2004, he obtained a Master of Philosophy
in International Relations at the Center of International
Studies, Cambridge University. He then assumed the duties
of Deputy Judge Advocate General / Military Justice and
Administrative Law. As Director of Law/International,
Col McAlea was the Military Advisor in the Canadian
Delegation at the UN Conference in Rome which drafted
the Statute of the International Criminal Court in June-July
1998.
Colonel McAlea recently returned from duty with MONUC Rule
of Law Unit where he worked on military justice
reform as the Military Criminal Law Advisor to the UN
mission to the Democratic Republic of the Congo in Kinshasa.
Tuesday, 20 April 2010
12:00 - 1:30pm
Alumni Board Room, 617 Robertson Hall
Carleton University
Complimentary light sandwich lunch provided.
Registration requested by Friday, 16 April csdsevents@carleton.ca
or calling 613.520.2600 ext. 6671
Public parking is available inParking
Garage P9, adjacent to Robertson Hall
The CSDS Speaker Series events are free and open to the
public.
For more information visit carleton.ca/csds
or call 613.520.2600 ext 6671
____________on McALEA, Lieutenant-Colonel Dominic, see
McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military
Lawyers, Ottawa : Office of the Judge Advocate General,
c2002, at pages 141 and 170, available at 103-242;
___________"Post-Westphalian Crime", in David Wippman &
Matthew Evangelista, eds., New
Wars, New Laws? Applying the Laws of War in 21st Century
Conflicts, Ardsley, N.Y. : Transnational
Publishers, 2004, at p.111, ISBN: 1571053158; copy at Ottawa
University, KZ 6355 .N49 2005;
Col McAlea is a member of the Law
Society of Upper Canada and has served with the Canadian Forces
Office of the Judge Advocate General (JAG)
since 1981 in a variety of postings . He has been the Director of
Law International, legal advisor to the special forces, and has
served with the Office
of the Legal Advisor to the Supreme Headquarters Allied Powers
Europe. He is currently the Director of all JAG Regional Services.
Col McAlea
served in the Persian Gulf, led a UN War Crimes Investigation Team
in the former Yugoslavia, and was a military advisor at the UN
Conference in
Rome which drafted the Statute of the International Criminal
Court. Col McAlea holds a Master of International Law studies from
the London
School of Economics and Political Science, and a Master of
Philosophy in International Relations from Cambridge. Colonel
McAlea recently
returned from duty with MONUC Rule of Law Unit where he was the
Military Criminal Law Advisor to the UN mission to the Democratic
Republic
of the Congo in Kinshasa.
___________Notes biographiques sur le colonel D. McAlea, circa
2006:
Dominic McAlea
Depuis 2006, le Colonel Dominic McAlea occupe
les fonctions d’adjoint au cabinet du Juge Avocat
Général (JAG) responsable des services
régionaux au sein des Forces armées canadiennes. Il est
diplômé de la faculté de droit de l’Université de
Windsor et est devenu membre du
Barreau de l’Ontario en 1981. Il a rejoint les Forces
canadiennes la même année. En 1990, il a obtenu sa
maîtrise en droit international de la
London School of Economics and Political Science (LSE)
d’Angleterre. En 1993, après avoir été impliqué dans la
Guerre du Golf, Le Colonel
Dominic McAlea a dirigé des enquêtes sur les crimes de
guerre commis dans l’ancienne République de Yougoslavie,
plus particulièrement
dans la région de Dubrovnik, pour le compte des Nations
unies. Il a également servi au Bureau du Conseiller
juridique pour le Grand Quartier
Général des Puissances Alliées en Europe (SHAPE). En
1998, le Colonel McAlea était le conseiller militaire de
la délégation canadienne à la
Conférence de Rome, suite à laquelle le Statut de la CPI
a été adopté. En 2004, Col Dominic McAlea a complété une
maîtrise en philosophie
au Centre d’études internationales de l’Université
de Cambridge.
(source: http://www.ieim.uqam.ca/IMG/pdf/Montreal_training_workshop_2006_draft_07f.pdf,
vérifié le 1er février 2015).
___________on Dominic McAlea, about his lecture "The Rule of Law
and Military Justice in Africa : Partners in
Accountability", CENTRE FOR SECURITY AND DEFENCE STUDIES:
SPEAKER SERIES 2009-10, 20 April 2010, Carleton University, from
csds Bulletin, newsletter of the centre for security and
defence studies, 9 April 2010; see http://www3.carleton.ca/csds/csds_bulletin/csds%20bulletin%209%20april%202010.html#Link1.5,
accessed 22 August 2020;
Colonel McAlea on the Rule of Law and Military
Justice in Africa Return
to top.
CENTRE FOR SECURITY AND DEFENCE STUDIES: SPEAKER SERIES
2009-10
"The Rule of Law and Military Justice in Africa: Partners
in Accountability"
Col. Dominic McAlea
Deputy Judge Advocate
Canadian Forces
Security sectors in failed or failing states reflect, and
often contribute to, the weaknesses
that lead to the failure of their respective states.
Establishing sustainable peace and Rule
of Law in failed states requires, among other things, real
security sector reform - reform
that includes the military justice sector. This session will
consider military justice in the
context of security sector reform in failed or failing
states using the Democratic Republic
of the Congo as the vehicle for discussion.
Col. Dominic McAlea has served as Deputy Judge Advocate
Regional Services in Ottawa
since September 2006. Previously, he served as DND/CF Deputy
Legal Advisor - Military.
In 2004, he obtained a Master of Philosophy in International
Relations at the Center of
International Studies, Cambridge University. He then assumed
the duties of Deputy Judge
Advocate General / Military Justice and Administrative Law.
As Director of Law/International,
Col McAlea was the Military Advisor in the Canadian
Delegation at the UN Conference in
Rome which drafted the Statute of the International Criminal
Court in June-July 1998.
Colonel McAlea recently returned from duty with MONUC Rule
of Law Unit where he
worked on military justice reform as the Military Criminal
Law Advisor to the UN mission
to the Democratic Republic of the Congo in Kinshasa.
Tuesday, 20 April 2010
12:00 - 1:30pm
Alumni Board Room, 617 Robertson Hall
Carleton University
Complimentary light sandwich lunch provided.
Registration requested by Friday, 16 April csdsevents@carleton.ca
or calling 613.520.2600 ext. 6671
Source:
(2003) 1 JAG Newsletter -- Les actualités at p. 8
"CF Peacekeeping Medal to Capt Stoney, Maj
Wickler, Maj Wakeham, Col McAlea"
___________"Superior Orders and Command Responsibility" in
Osgoode Hall Law School. Professional Development Program, The
International Criminal Court : the road to Rome and the future,
Toronto, Ont.: Osgoode Hall Law School of York University,
Professional Development Program, 2002, 1 v. (various pagings),
for the article: 7, [13] p.; copy at the Library of the Supreme
Court of Canada, KZ6310 I54 2002;
____________Testimony before the Standing Senate Committee on
Legal and Constitutional Affairs, to which was referred Bill S-39,
to amend the National Defence Act, the Criminal Code, the Sex
Offender Information Registration Act and the Criminal Records
Act,Issie 25, Evidence, 3 November 2005, available at http://www.parl.gc.ca/Content/SEN/Committee/381/lega/25eva-e.htm?Language=E&Parl=38&Ses=1&comm_id=11
(accessed 24 August 2016); Issue 24, Evidence, October 27, 2005,
available at
http://www.parl.gc.ca/Content/SEN/Committee/381/lega/24evc-e.htm?Language=E&Parl=38&Ses=1&comm_id=11
(accessed 24 August 2016);
McALLISTER, Bradley Duncan, Code
of
Conduct : An Analysis of the Modern Law of Armed Conflict,
LL.M. thesis (Master of Arts), Department of Political Studies,
University of Manitoba, 1997, 211 p.; available at http://mspace.lib.umanitoba.ca/handle/1993/1364
(accessed on 7 January 2013);
"The problem studied in this thesis
is the dilemma of the modern international, in its application to
contemporary forms of warfare. Wars being
fought today occur predominantly on an intrastate level.
Meanwhile, the bulk of relevant international law applies mainly
to inter-state forms
of armed conflict. The discussion of this problem examines the
emergence of the politically motivated mass army in the early
nineteenth century.
Older customary restraint in war broke down in favour of
international legal codification. The impact of total war in the
first half of the twentieth
century broke down the effectiveness of the law of war.
Reconstruction of the law created a greater distinction between
non-combatant and combatant,
in order to protect non-combatants from the effects of war. The
modern law of war remains predominantly concerned with
international armed conflict.
This has created serious problems when attempting to apply laws of
restraint to civil war. International organizations such as the
Red Cross have
emphasized the humanitarian value of the in hopes of finding
a means of applying law to intrastate warfare. As intrastate war
surpasses international
armed conflict in frequency, international law is again in danger
of breaking down. As armed violence transcends the borders of the
sovereign state,
the state may be impeding efforts to apply effective international
law to armed conflict."
McCAFFREY, Pat (Patrick), former JAG officer for 35 years (28 in
Ottawa and 7 in Europe with NATO), seeking the Liberal nomination
in the riding of Saint John Harbour, see You Tube, at https://www.youtube.com/watch?v=2ziUUKmo6D0
(accessed 1 October 2016);
___________LCol Pat McCaffrey, on the right, receiving his CD1 for
22 years of service from BGen Pierre Boutet, JAG, 2 February 1998,
image source: JAG Newsletter/Bulletin d'actualités du JAG,
volume 1, Part 1, Jan-Feb 98 (image posted on 21 December 2016);
He [Pat McCaffrey] is a lawyer and former officer
with the Canadian Armed Forces Judge
Advocate General. After he retired from the
military in 2003, he moved to the Netherlands
to work as a civilian with NATO before retiring for good
in 2010.
Pat McCaffrey
__________photo of Pat McCaffrey, 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 Pat McCaffrey, member of the OJAG, in
the following flickr photos 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
McCANN, Patrick, Lawyer, McCann & Giamberardino, Testimony on
Bill C-25, an Act to amend the National Defence Act and to
make consequential amendments to other Acts before the
Standing Senate Committee on Legal and Constitutional Affairs on 7
October 1998, Issue 35, see minutes
and evidence;
___________on McCANN, Patrick, see BINDMAN, Stephen,
"Peacekeepers On Trial: Court martial in question as prosecutors'
roles mixed", The Vancouver Sun, 8 February 1994 at p. A5,
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
____________on McCANN, Patrick, see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa
: Office of the Judge Advocate General, c2002, at p. 160,
available at 103-242;
Chapter 10 The Accountability of Military Top Command
Background
The Somalia Inquiry and Other Alerts
The Court Martial of LCdr Dean Marsaw
The Case of the Medical Files
Other Examples
The Pattern
Installing Accountability Reporting by Top Command
(This chapter deals with the issue of senior
officers not taking responsibility for performance
failures and not accounting for the quality of
management
control in the Forces for fairness and effectiveness
-- something that is their responsibility. The fact
that the public knows so little about military top
command and has relied on blind faith (resulting from
earlier citizen trust in wartime) means that the Chief
of the Defence Staff should now be asked
to report regularly and publicly on the discharge of
senior command responsibilities. The reporting
standards would be set by a defence-related
parliamentary accountability committee.
[source: http://www.accountabilitycircle.org/learnmore.html,
accessed 19 December 2015]
Image
source: avocette.com/2014/11/times-colonist-fresh-identity-local-firm/,
accessed 20 December 2017
___________"Horror stories persist on military accountability", Times
- Colonist, Victoria, B.C., Jun 8, 2006, p.A13;
___________Note on "Henry McCandless", The Hill Times, 2
February 2016, available at , accessed 18 September 2020;
image
source: thestar.com/news/canada/2009/12/28/in_afghan_pr_money_talks.html,
accessed 16 August 2017
"Master Cpl. Ken Hutcheson counts money as Lt.-Cmdr. Mike
McCarthy, right, listens to an Afghan man's account. (Dec.
23, 2009)
(COLIN
PERKEL / THE CANADIAN PRESS)"
McCARTHY, Michael J. (Mike), Lieutenant-Commander (LCdr), legal
officer with the OJAG, biographical notes taken from the
Newfoundland & Labrador Continuing Legal Education information
sheet "Ethics, Professional Responsibility and the Practice of
Law: Advising Clients in Challenging Circumstances-Examples and
Perspectives on Legal Ethics and Professionalism from a Military
Legal Officer with General Lessons for the Bar Monday, August 22,
2016"; research note the lecture ""Ethics, Professional
Responsibility and the Practice of Law: Advising Clients in
Challenging Circumstances-Examples and Perspectives on Legal
Ethics and Professionalism from a Military Legal Officer with
General Lessons for the Bar" is mentioned in footnote 25 of
MARTIN, Andrew Flavelle, "Legal Ethics and Canada's Military
Lawyers", (2019) 97 Canadian Bar Review 100-128, at p.
107, available at https://cbr.cba.org/index.php/cbr/article/view/4509/4452
(accessed 22 May 2019);
This presentation on professional responsibility for
lawyers will be facilitated by Lieutenant-Commander (LCdr)
M.J.
(Mike) McCarthy, one of the Legal Advisors for the
Canadian Joint Operations Command. LCdr McCarthy is
a member
of the Law Society of Newfoundland and Labrador who
practices in the context of military law with the Office
of the
Judge Advocate General. As such, his advice is often
provided in unconventional contexts, including domestic
emergency
operations and internationally involving various practice
issues, including advice on the legal responsibilities of
Canadian
military serving abroad, Law of Armed Conflict,
Administrative Law and Military Justice. He has been
deployed as the
Legal Advisor to the Kandahar Provincial Reconstruction
Team in 2009-2010, as well as the Legal Advisor for the
Air
Component Command for Operation MOBILE part of the NATO
lead mission in Libya in 2011and has been the legal
advisor for Canadian Forces Base Petawawa and 2 Canadian
Mechanized Brigade Group.
[source: http://www.lawsociety.nf.ca/wp-content/uploads/2016/07/Legal-Ethics-Seminar-Brochure.pdf,
accessed 16 August 2017]
___________notes: member of the law Society of Newfoundland since
2002 and member of the OJAG since 2002, works in Ottawa, 101
Colonel By; Michael.McCarthy@forces.gc.ca
Office (613) 998-3534
(information collected as of 2 July 2018);
___________notes on LCdr M.J. (Mike) McCarthy:
This presentation on professional responsibility for
lawyers will be facilitated by Lieutenant-Commander (LCdr)
M.J.
(Mike) McCarthy, one of the Legal Advisors for the
Canadian Joint Operations Command. LCdr McCarthy is
a
member of the Law Society of Newfoundland and Labrador who
practices in the context of military law with the
Office of the Judge Advocate General. As such, his advice
is often provided in unconventional contexts, including
domestic emergency operations and internationally
involving various practice issues, including advice on the
legal
responsibilities of Canadian military serving abroad, Law
of Armed Conflict, Administrative Law and Military
Justice.
He has been deployed as the Legal Advisor to the Kandahar
Provincial Reconstruction Team in 2009-2010, as well
as the Legal Advisor for the Air Component Command for
Operation MOBILE part of the NATO lead mission in
Libya in 2011 and has been the legal advisor for Canadian
Forces Base Petawawa and 2 Canadian Mechanized Brigade
Group.
[Source: NEWFOUNDLAND & LABRADOR CONTINUING LEGAL
EDUCATION, Ethics, Professional Responsibility
and the Practice of Law: Advising Clients in Challenging
Circumstances-Examples and Perspectives on Legal Ethics
and
Professionalism from a Military Legal Officer with General
Lessons for the Bar, Monday August 22, 2016, St. John’s,
NL,
see lawsociety.nf.ca/wp-content/uploads/2016/07/Legal-Ethics-Seminar-Brochure.pdf,
accessed 19 September 2018]
___________photo of LCdr McCarthy, Mike receiving the
Canadian Joint Operations Command Commendation:
"Office of the JAG@JAGCAFMay
30 [2019] LCdr Mike McCarthy
was presented a Canadian Joint Operations Command
Commendation
today for his exemplary contribution to the success of @CanadianForces
operations in Latvia as the Joint Task Force Europe and
the Task Force
Latvia Legal Advisor, from April to November 2017.
McCLASKEY, Angus C., born in Vonda Saskatchewan, 1905 and died on
8 November 1976, Sqadron Leader was a member of the JAG branch,
see "McClaskey To Toronto", Star-Phoenix, Saskatoon,
Saturday, 18 November 1944; available at
https://www.newspapers.com/image/...., accessed 17 May 2020;
___________on McCLASKEY, A.C., Sqadron Leader, see biographical
notes at The Calgary Herald, Wednesday, 2 June 1943 at p.
15; available at https://www.newspapers.com/...., accessed 19 May
2020;
___________photo hereunder of McClaskey, Angus C. that appeared
with the article "Flin Flon Admitted to Northern Hockey
Loop. Northern Mining Centre Granted Berth at Annual Meeting
of Circuit; Angus McClaskey Named President", Star-Phoenix,
Saskatoon, Monday, 26 October 1936 at p. 10, available at ,
accessed 21 June 2020;
____________see his book: McClaskey, Angus C., 1905-, Angus
McClaskey remembers ..., [Toronto, Ont. : A. McClaskey,
1976], 91 pages, source: https://lakelandlibrary.ca/sm/search/item/112430,
accessed 23 June 2020;
___________see on his book, Angus McClaskey remembers ...,
the review made by Cam McKenzie, in "Cam's Corner -- Book of
memories", The Star-Phoenix, Saskatoon, Saturday, 2 July
1977 at p. 19, available at https://www.newspapers.com/....,
accessed 23 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
Major W.P. McClemont
McCLEMONT, W.P. (William Porter), 1901-1961, biographical notes
and photo at Edmonton Journal, 20 April 1950 at p. 17, available
at https://www.newspapers.com/image/...., accessed 23 May 2020;
___________ “War Crimes Trials: Criminals Brought to
Justice”, (June 1947) 1(3) Canadian Army Journal 16-20;
title noted in my research but article not consulted yet (21
January 2015); McClemont was a member of the OJAG, a LCol at
the end of his career;
___________McCLEMONT, W.P. était un Lieutenant-Colonel,
juge-avocat général adjoint, 27e Brigade de l'armée canadienne en
Europe, voir "En Allemagne: Le lieutenant
Julien Chouinard",Le soleil, Québec,
vendredi 29 août 1952, à la p. 3; disponible
à http://numerique.banq.qc.ca/patrimoine/details/52327/3171699?docsearchtext=juge-avocat
(consulté le 15 mars 2019);
___________on
McCLEMONT, W.P., see "Amount of
Blood on Uniform Argued", Star-Phoenix, Saskatoon,
Wednesday, 30 June 1954 at p. 14, available at
https://www.newspapers.com/image/...., accessed 23 June
2020; Lieutenant-Colonel represented the Crown in the appeal
of Pte George Mitchell before the court martial appeal board
for the murder conviction of Frau Elizabeth Sieling in
Germany; see the court martial appeal board volume;
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 McCLEMONT, W.P., Major, see his testimony in
number 3, of 25 May 1950; number 4, 26 May 1950; number 5, 29
May 1950; number 6, 30 May 1950; number 7, 1 June 1950; and
number 8, 6 June 1950 in 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 Cloutier, King's
Printer, 1950; eight numbers, No. 1 dated 23 May 1950 to No. 8
dated 6 June 1950, 360 p.; copy at the Library of Parliament,
call # J103 H7 1950 D4 A1 and at Library and Archives Canada;
the wallet of the Special Committe is located at the Library and
Archives Canada, Record Group # 14, 1987-88/146, Box 58
which contains the reports to the House, amendments, exhibits
and minutes; there is a Microfiche. [Toronto] : Micro Media
Limited, [1995?] -- 5 fiches ; 11 X 15 cms at the University of
Ottawa, Off-Campus
Storage - Annex CA1 XC2 N14a 212; other
information for research: Canada, Parliament, House of Commons,
Special Committee on Bill no. 133, An Act respecting National
Defence, Minutes of Proceedings and
Evidence. May 23 [21st
Parliament, 2nd session] - June 6, 1950 [21st Parliament, 2nd session], King's
Printer 1950, see https://books.google.ca/books/about/Minutes_of_Proceedings_and_Evidence_May.html?id=_oGrtAEACAAJ&redir_esc=y
(accessed 21 May 2018); see also fonds at National Defence
Headquarters Directorate of History and Heritage: Fonds 2007/16
- Special Committee on Bill No. 133, An Act Respecting National
Defence fonds, 3.5 cm of textual records, see https://www.archeion.ca/special-committee-on-bill-no-133-act-respecting-national-defence-fonds
(accessed 21 May 2018); copy also at the Department of
Justice Canada, Supreme Court of Canada, Guelph University,
University of Toronto Robarts Library; VERY
IMPORTANT DOCUMENT NOW AVAILABLE at http://parl.canadiana.ca/view/oop.com_HOC_2102_3_1/1?r=0&s=1,
accessed on 24 August 2020 and many thanks to my federal member
of Parliament Mr. David McGuinty, Ottawa South and his executive
Assistant Jenny Hooper for providing information about this link
on 24 August 2020;
___________on
McCLEMONT, W.P., see his wife
death notice, McClemont, Norah Carson, née Norah Carson
Sparling, in The Globe and Mail, Toronto, 12 August
1971 at p. 47, available at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/...,
accessed 23 June 2020;
__________sur McClemont, W.P., voir PARLEMENT, Chambre
des communes, Comité spécial chargé d'étudier le Bill 133 intitulé
Loi concernant la défense nationale, Procès-verbaux et
témoignages, Ottawa Edmond Cloutier, 1951, 8 fascicules (le 1er
est du mardi le 23 mai 1950); les témoins: MCM Drury,
sous-ministre de la Défense nationale, le commandant P.H. Hurcomb,
le brigadier W.J. Lawson, Juge-avocat général, le commndant
d'escadre H.A. McLearn, et les majors J.H. Raedy et la Major
W.P. McClemont; Note de recherche de François Lareau: Il existe
une copie de ces procès-verbaux à la Librairie du Parlement, no
de cote J103H7 D4 A1 et à la Bibliothèque et Archives Canada; le
dossier du Comité spécial se trouve aux Archives nationales,
Ottawa, Record Group # 14, 1987-88/146, boîte 58 et il contient
les rapports à la Chambre des communes, les amendements, les
pièces et les procès-verbaux; on retrouve également une copie des
huit fascicules en français à la Bibliothèque Brian Dickson, de la
Faculté de droit de l'Université d'Ottawa, University
of Ottawa, FTX Parliamentary Doc, CA1
XC2 D25F;
McCONNELL, W.H. (William Howard), 1930-2006, William R.
McIntyre: Paladin of the Common Law, Monteal: McGill-Queen's
University Press (published for Carleton University), 2000, x, 248
p., see "Military Justice and the Jurisdiction of the Civil Cases"
at pp. 136-138, ISBN: 0886293413; discusses MacKay v. The
Queen, [1980] 2 S.C.R. 370;
Howard McConnell, image source:
law.usask.ca/documents/alumni/OfNote2006.pdf,
accessed 19 January 2019
___________McConnell, Howard was also a member of the OJAG, see
the article by Saccone, Juile, "Former law professor McConnell
dies at 75", Star--Phoenix, Saskatoon, 14 June 2006;
Obituary
of Howard McConnell
It was not an usual task for respected lawyer and
author Howard McConnell to pore over documents and books
at lightning speed.
"He had a prodigious memory and an ability to go
through material faster than I think anyone I have ever
met. Sometimes he would
read a book in a day and he would remember it," said
Doug Schmeiser, professor emeritus of law at the
University of Saskatchewan.
"Ten, 15 years later after he read something, he would
still remember it and put his finger on it."
McConnell, a U of S professor emeritus of law, died
Monday in Quebec from a heart attack at the age of 75.
He is survived by his son.
McConnell was born in Aylmer, Que., in 1930. He earned
a bachelors degree from Carleton University in 1955, a
master's degree from
the University of Ottawa in 1962 and a PhD from the
University of Toronto in 1969.
He earned his law degree at the University of New
Brunswick in 1958, followed by his master's of law
degree at the University of
Saskatchewan in 1970.
It was during McConnell's studies at the U of S that
he came under the guidance of Schmeiser.
"He was just a wonderful person and, of course, a
wonderful student," said Schmeiser, McConnell's former
graduate supervisor.
"He was incredibly competent."
Schmeiser had no doubt the bright young student would
go on to make his mark in legal circles.
"There was no question about his ability."
McConnell was admitted to the New Brunswick bar in
1958.
According to the University of Saskatchewan, between
1959 and 1963, McConnell served as a flight lieutenant
in the Judge AdvocateGeneral's
department with the Royal Canadian Airforce. The
department is the legal adviser to the Governor General,
the Minister of National Defence, the Department of
National Defence and the Canadian Forces in the area of
military law.
In 1970 McConnell became a faculty member at the U of
S college of law, later becoming a full professor in
1975.
A well-known constitutional law and international law
expert, McConnell was both personable and affable,
Schmeiser said.
"He was extremely interested in people, but next to
people he was interested in books," Schmeiser said. "His
life was devoted
to people first and then to literature." McConnell wrote
more than 30 articles in legal journals and authored
four books,
including a book co-authored with Schmeiser on the
independence of provincial court judges. He retired from the U of
S in
1998 and was living in Aylmer until his death. A funeral
service will be held for McConnell in Quebec on Friday.
jsaccone@sp.canwest.com
(Copyright The StarPhoenix (Saskatoon) 2006)
McCORMICK, Neil, "A Mean and Green Fighting Machine: Wartime
environmental assessments and the Canadian Forces", (2007) 16 Dalhousie Journal of Legal Studies
1-20; available at 2007 CanLIIDocs 20, <http://www.canlii.org/t/27zb>
(accessed 7 May 2020);
McCRACKEN, Captain(N) Gerry (G.H.), legal officer, member of the
OJAG, see McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's
Military Lawyers, Ottawa : Office of the Judge Advocate
General, c2002, at p. 213, available at 103-242;
------------------------------
Art McDonald, the author,
photo
Arthur McDonald's book on the OJAG (photo
reproduced from JAG
Newsletter/
of dust jacket)
Les actualités, volume 1, 2003 at p. 4
McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's
Military Lawyers, Ottawa : Office of the Judge Advocate
General, c2002, x, 242 p., ISBN: 0662321928; ENGLISH VERSION
Source: McDONALD, R. Arthur, Office of the Judge Advocate General, The Story of
Canada's Military Lawyers, Department of National
Defence, Cat. no
D2-136/2002E, ISBN: 0-662-32192-8.
Reproduced with
the permission of the Minister of Public Works
and Government
Services Canada, 2011.
- Table of
Contents;
- pp. i-xii and
1-102;
- pp.
103-242;
- Index;
This history of Canada's military lawyers provides
a captivating look at the personalities who made up the
Office of the Judge Advocate General
from 1911 to 2000. Along with an account of the wide-ranging
activities of military lawyers during this period, the book
chronicles many of the
landmarks in military law. Anyone interested in the history
of law, and particularly how the law is applied in Canada's
armed forces, should
enjoy this recounting of Canada's military law, lawyers, and
traditions.
[source: http://publications.gc.ca/site/eng/9.648558/publication.html,
accessed 15 December 2017]
Canada's Military Lawyers' book lauch ceremony, 1 October
2002; from the
left General Henault, Major-General Pitzul and the author, Colonel
(retired) Art
McDonald; photo reproduced from (2003) 1 JAG Newsletter -- Les
actualités at p. 3.
FRANÇAIS : McDONALD, R. Arthur, Les avocats militaires du Canada,
Ottawa : Cabinet du Juge-avocat général, c2002, x, 263 p., ISBN:
0662874358; VERSION FRANÇAISE
Source: McDONALD, R. Arthur, Cabinet du juge-avocat général, Les avocats
militaires du Canada, Ministère de la défense nationale,
numéro de catalogue
D2-136/2002F, ISBN: 0-662-87435-8.
Reproduit avec la
permission du ministre des Travaux publics et Services
gouvernementaux Canada, 2011.
- Table des
matières;
- pp. i-x et 1-116;
- pp. 117-263;
- Index;
___________Equality Issues in the Canadian Forces under the
Canadian Charter of Rights and Freedoms: a Study of the Effect
of the Canadian Charter of Rights and Freedoms on Certain
Policies of the Canadian Forces, LL.M. thesis, Queen's
University, Faculty of Law, 1986, v, 354 p.; Additional Title A
study of the effect of the Canadian Charter of Rights and Freedoms
on certain policies of the Canadian Forces [microform]; there is
microfiche copy at the Ottawa University, Call number: Off-Campus
Storage - Annex , KE 4381.5 .M327 1986A; also Microfiche
(negative) Ottawa : National Library of Canada. 4 microfiches,
10.5x15 cm (Canadian theses), Mic.F.
TH- 32205, ISBN: 0315322055;
___________"Expert Testimony Before Human Rights Tribunals"
(1995) 14 PSO Forum 22-41; this periodical is
published by the Personnel Selection Branch, Department of
National Defence; PSO=Personel Selection Officer
___________"The Legal Branch Law Firm of the Canadian Forces"
(1987) 2 Canadian Forces Judge Advocate General Journal
1-4; FRANÇAIS : ___________«Le service juridique: L'étude légale des Forces
Canadiennes» (1987) 2 Revue du JAG des Forces canadiennes 1-4;
___________notes on Art McDonald from the dust jacket of his book,
Canada's Military Lawyers, supra;
____________on McDONALD, Colonel R.A. (Art), see McDONALD,
R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at p. 151,
available at 103-242;
___________"The Trail of Discipline: The Historical Roots of
Canadian Military Law" (1985) 1 Canadian Forces Judge Advocate
General Journal 1-28; available at http://www.lareau-law.ca/A-2015-01088.PDF
(accessed 1 December 2015), as a DND/CF Access to Information Act
Request/Answer, file A-2015-01088;
FRANÇAIS :
___________«Le Sentier de la Discipline: Les Racines Historiques
du Code de Justice Militaire Canadien» (1985) 1 Revue du JAG
des Forces canadiennes 1-30;
McDOUGALL, Allan Gordon (A. Gordon), Major, legal officer,
see McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's
Military Lawyers, Ottawa : Office of the Judge Advocate
General, c2002, at p. 42 available at i-xii and 1-102;
note: Deputy Judge Advocate General in 1926 and later county
court judge in Ontario;
Photo from The Evening Citizen, Ottawa,
23 March 1943 at p. 10
___________on McDOUGALL, Gordon, Lieutenant-Colonel, see "Gordon
McDougall Appointed Judge of Carleton Court", The Evening
Citizen, 20 November 1942 at p. 23:
Excerpt only
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___________on McDOUGALL, A. Gordon, "Judge A.G. McDougall leaving
Carleton bench", The Ottawa Citizen, Friday, 22 February 1963 at
p. 20; he married Margaret Robertson from Ottawa in 1943,a
champion badmington and golf player;
Excerpt
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McDOUGALL, Bruce, "Be All You Can Be", (May 1991) 15(4) Canadian Lawyer 26-28; about
military lawyers in the Canadian Forces; ****; 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; ISSN: 0703-2129;
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
McDOUGALL, Errol K., Captain, Assistant Deputy Judge Advocate,
see article: "Renfrew Officer Promoted", The Globe and Mail,
12 March 1942, at p. 13;
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Source: ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca....,
accessed 25 November 2018
___________on McDOUGALL, E.K., Captain, see "Capt. E. McDougall
With 7th Division", The Evening Citizen, Ottawa, 19 August
1942 at p. 13;
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Source: ProQuest at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca....,
accessed 29 April 2020
____________on McDOUGALL, Errol K., Major from Montreal, as
defence counsel in court martial referred to in "Non-Comissioned
Officers Will Be Tried at Winnipeg. Pair Said to Have
Ill-Treated Other Prisoners After Fall of Hong Kong",
Hamilton Spectator, 1946/03/04, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5134595
(accessed 8 June 2019);
___________photo of McDougall, Errol K., in "Henry Marks (1966)
Ltd. Names Directors", The Gazette, Montreal, Friday, 28
October 1966 at p. 23, available at
https://www.newspapers.com/image/...., accessed 23 June 2020;
practiced with the law firm of Magee, O'Donnell & Byers, Place
d'Armes, Montreal;
Image
source: https://en.wikipedia.org/wiki/Edward_Stuart_McDougall,
accessed 26 June 2018
Edward Stuart McDougall
McDOUGALL, Edward Stuart, 1886-1957, Canadian Judge at the
International Military Tribunal for the Far East (IMTFE, also
known as the Tokyo Trial or the Tokyo War Crimes Tribunal); was
appointed a Judge of the Quebec Court of King's Bench;
___________on McDOUGALL, Edward Stuart, see FISHER, J.H.,
Telegram Staff writer, "Canada's Evidence Ready in Japanese
Atrocities. Justice E.S. McDougall to Sit on International
Tribunal Trying Lesser Criminals", Toronto Telegram,
1946/04/13; available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5139450
(accessed on 4 February 2018);
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Research Note: I have not included all
of the last paragraph starting with the words "During
the war",
because it did not seem to have any link to the article.
McDOUGALL, Martha, "Book Review Essay: Canadian Military Law
Annotated by Justice Gilles Letourneau and Colonel (ret'd) Michel
W. Drapeau, Toronto: Thomson/Carswell, 2006, 1787 pages,
$185.00", 8(3) Canadian
Military Journal, available at http://www.journal.forces.gc.ca/vo8/no3/essay-essai-01-eng.asp
(accessed on 11 July 2008);
More importantly, the book fails to examine many
substantive issues that would have been of great value to
anyone interested
in the administrative legalities of the military.
Generally, the book does justice to the Code of Service
Discipline, but it does
not do justice to issues not related to the Code. For
example, while dismissal may be one of the harshest
penalties available to
a military judge, the book does not explore the release of
a member from the Canadian Forces. Apart from the useful
reproduction
of the tables of QR&O 15.01 on release, the book makes
no mention of the many legal cases on administrative
release that
some would equate with dismissal, since both sanctions
mean the termination of service. A book on military law
that does not
mention the trilogy of cases (St. Thomas [1993]
FCA, Husband [1994] FCA and Robinson
[1994] FCA) on the release of members,
due to breaches of universality of service (Section 33 of
the National Defence Act) commits a substantive
error.
FRANÇAIS McDOUGALL, Martha, "Études critiques, Canadian Military Law
Annotated de Gilles Létourneau, juge et Michel W. Drapeau, colonel
à la retraite, Toronto: Thomson Carswell, 2006, 1787 pages,
$185.00", (automne 2007) 8(3) Revue
militaire canadienne, disponible àhttp://www.journal.forces.gc.ca/vo8/no3/essay-essai-01-fra.asp(vérifié le 11 juillet 2008);
Image
source: navy-marine.forces.gc.ca/en/navy-life/history-commanders/32-mcfadden.page,
accessed 15 April 2017
Vice-Admiral Philip Dean McFADDEN, CMM, CD
McFADDEN, Capt(N) Philip Dean, "Why the Laws of Armed
Conflict are no longer the ties that bind.", Canadian Forces
College, AMSP (2003), AMSC 6, 42 pages; available at http://www.cfc.forces.gc.ca/259/260/266/mcfadden.pdf
(accessed 2 February 2017);
FRANÇAIS: ___________"L'ombudsman de la Défense nationale : aider les
FC à éviter et résoudre les griefs" (April/Avril 2008) Sword& Scale -- Salut militaire;
disponible à http://www.cba.org/abc/nouvelles/mil-2008/nouvelles.aspx#article2
(site
visité le 26 avril 2012);
----------------
___________"Office of the Ombudsman for National Defence and
Canadian Forces" in Ombuds Institutions for the Armed Forces:
Selected Case Studies, Geneva: DCAF (The Geneva Centre for
the Democratic Control of Armed Forces), 2017, [iv], 193 p., at
pp. 33-63, ISBN: 978-92-9222-429-5; available at dcaf.ch/Publications/Ombuds-Institutions-for-the-Armed-Forces-Selected-Case-Studies
(accessed 7 April 2017);
7. The Office Has No Power over Veterans
Affairs Matters
In Canada, the Department of National Defence is
separate from the
Department of Veterans Affairs, and the Ministerial
Directives stipulate
that the Ombudsman for National Defence and Canadian Forces
shall
not deal with any complaint that falls within the
jurisdiction of Veterans
Affairs Canada or the Veterans Review and Appeal Board. Yet,
in practice,
it can be very difficult to clearly draw jurisdictional
lines. For example,
if a current or a former member makes an application for a
disability
pension (for an injury relating to military service) to
Veterans Affairs,
and the current or former member is not satisfied with the
decision and
feels they were treated unfairly, the member cannot complain
to the
Ombudsman. However, if the application for a disability
pension was
rejected by Veterans Affairs because certain medical
information was
not provided or was deemed insufficient for the purposes of
assessing
the claim, the medical information concerning the injury
would be held
by the Canadian Forces. If the Canadian Forces did not
forward proper
information to Veterans Affairs so that it could assess the
claim properly,
and if the current or former member was having an issue
getting this
medical information from or correcting certain information
held by
the Canadian Forces, then the member could seek the
assistance of the
Ombudsman to obtain that information.
McFARLAND, Colonel, George Franklin, 1880-1950, member of the
OJAG during WW I; see "How Reverting Affects Pensions. In
Case of Death Pension is of Original Rank -- Disability, Lower", The
Globe and Mail, 28 March 1919 at p. 4 (accessed 22
July 2018); he aws commaning officer of the Grev County Battalion
(see The Globe (Globe and Mail) Toronto, 20 March
1919, at p. 8);
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George Franklin McFarland
___________on McFarland, George Franklin, see "L.Col. George
Franklin McFarland", available at http://www.4cmr.com/mcfarland.htm,
accessed 2 July 2020;
L.Col. George
Franklin McFarland was born in Markdale,
Grey County, Ontario,
in June 1880. Raised in the Markdale area, he received his
high school education at
Owen Sound Colligate and Vocational Institute, before
carrying on with his studies
at the University of Toronto. He graduated with a Bachelor
of Arts from University
College in 1902 and Bachelor of Law in 1905.
....
Major McFarland was struck off strength from the 4th CMR in
August of 1918,
and thence was again given the rank of Lieutenant-Colonel,
this time as the Assistant
Judge Advocate General at Military Headquarters in Ottawa.
___________on McFarland, George Franklin, see "Mr. Justice
McFarland Dies; 16 years on Bench", The Globe and Mail, 16
May 1950, at p. 5;
Mr. Justice McFarland served with distinction during the
First World War and
held the post of Deputy Judge Advocate at General
Heaquarters in Ottawa.
Andrew McGarva
McGARVA, Andrew (Andrew James), lawyer, member of the Law Society
of Ontario and a legal officer with the OJAG, regular force;
see https://ca.linkedin.com/in/andrew-mcgarva-b8a1a9111?trk=pub-pbmap
(accessed 28 February 2019); he attended the 2019 mandatory
legal officer qualification course at Canadian Forces Military Law
Centre, CFB Kingston, see Access to Information Act, DND Acess to
Information and Privacy letter dated 12 June 2019, File
A-2019-00289;
___________photo of McGarva, Andrew, Captain with other members of
the OJAG:
"Office of the JAG@JAGCAF6h6
hours ago [19 June 2019 ] Our
Administrative Law Division
is happy to have their Captains back from their month-long
Legal Officer Qualification Course.
Plenty of admin law files for Captains Ruth Shojaei, Andrew McGarva, Jamil
Beauchamp-Dupont
and Kaila Morin!"
McGOVERN, Michael, "served as a legal officer with the OJAG, see:
- Michael McGovern has been with WorkSafeNB
since 1996 and is currently Legal Counsel for WorkSafeNB.
Most recently Mike was WorkSafeNB General Counsel for five
years. Mike practices primarily in corporate law,
occupational health and safety law, workers’ compensation law
and administrative law. He also guest lectures at
the law school at UNB in labour law and construction law and
teaches a course in occupational health and safety
law at the University of Fredericton. Mike has served as a
Legal Officer with the Office of the Judge Advocate General in the Canadian Armed Forces.
[source: http://cphrnb.ca/fr/developpment/?event_id=767,
accessed 16 August 2019]
- Speaker: Michael McGovern, Legal Counsel, WorkSafeNB.
Mike is currently Legal Counsel for WorkSafeNB and was most
recently General Counsel there for five years.
Mike holds a law degree from the University of New
Brunswick and has been with WorksafeNB and its predecessors
since 1996. Mike practices primarily in corporate law,
occupational health and safety law, workers’ compensation
law
and administrative law. He also guest lectures at the law
school at UNB in labour law and construction law and teaches
a course in occupational health and safety law at the
University of Fredericton. He is a member of the New
Brunswick
Law Society, the Canadian Bar Association and the Canadian
Corporate Counsel Association. Mike also holds the
designation of Certified In-House Counsel, an international
certification by the Canadian Corporate Counsel Association
and the Rotman School of Business. In the past
Mike served with the Canadian Forces in both Regular and
Reserve capacities and concluded his eleven years as a Legal
Officer with the Office of the Judge Advocate General.
McGOWAN, R.J. (Robert? J.), Captain, Deputy Judge Advocate Petawawa,
appeared as Assistant counsel for Her Majesty the Queen in Sarmiento
J.A. (Ex-Private), R. v., 2003 CM 360 (CanLII), <http://canlii.ca/t/hx0k6>;
McGOWAN, Major D., part of the OJAG, see photo:
source:(2006) 1 JAG Les actualités --
Newsletter at p. 11
JAG Recognition... October 27, 2005--CD1 (22 years of
service) presented to
LCol J. MacMillan, Maj D. McGowan,
Maj R. Stoney and Sgt G. Taillon
(with MGen Jerry
Pitzul in his blue uniform in the middle)
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McINTOSH CLARK, Ronald, member of the JAG Branch in 1960, see
"Engagements", The Calgary Herald, Monday, 3 October 1960 at
p. 25; available at https://www.newspapers.com/...., accessed on 19
May 2020;
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___________on McINTOSH CLARK, Ronald, see hereunder his photo from
University of New Brunswick and a photo of his wife:
CLARK _ Mary Elizabeth "Betty"
1938 - 2006 Mary Elizabeth Clark
passed away following a brief illness at the Rockyview
General Hospital
at the age of 67 years. Betty is survived by her
daughters: Emilie, Sarah,
and Leslie; and grandchildren: Marina, Andrew, Chelsea,
Conor, and Holly.
Betty was predeceased by her father, William B. Cromarty
Q.C., and her
husband Ronald McIntosh Clark, LLB. Betty was employed by
Amoco
Petroleum, as a land analyst for twelve years, before
retiring in 1993.
At Betty's request, no Service will be held. Arrangements
entrusted to
LEYDEN'S FUNERAL HOME, 304 - 18 Avenue S.W. Telephone:
228-4422. www.leydens.com .
Image
source: mcnallyrobinson.com/event-13600/Mike-McIntyre----Book-Launch#.Wlu51XlG2Uk,
accessed 14 January 2018
Mike McIntyre
McINTYRE, Mike, "Judge wasn't told about ex-soldier's dishonest
past", Winnipeg Free Press, 25 May 2011, available at
(accessed 14 January 2018);
[Paul] Young, 54, was treated as a first-time offender
with a spotless record based on submissions made by the
Crown and Young, who acted as
his own lawyer. Based on those submissions, provincial
court Judge Mary Kate Harvie gave Young a one-year
conditional sentence.
However, Young has twice admitted to similar crimes of
dishonesty that were not presented to the court. It
appears no reference was made
to those indiscretions because they were dealt with by the
military in the form of court martials and did not result
in charges under the
Criminal Code of Canada.
[research note by F. Lareau, see Young
P.D. (Captain), R. v., 2006 CM 33 (CanLII)— 2006-12-06
Courts Martial — Canada (Federal)
offender — sentence — martial — gambling addiction —
punishment]
MCINTYRE, William Rogers The Honourable William
"Bill " Rogers McIntyre, O.C., Q.C. was born in Lachine,
Quebec on March 15, 1918 to Sidney and Pauline McIntyre and
died peacefully in Victoria, BC on June 14, 2009.
....After growing up in Moose Jaw, Saskatchewan, Bill
attended the University of Saskatchewan where he earned
a law degree in 1941. He joined the army and after
training at Gordon Head in Victoria was sent overseas.
He landed in Sicily in 1943 with the 1st Canadian Division
and served as an artillery officer in the campaigns in
Sicily and Italy. Bill was enormously proud of the
accomplishments of the Canadians in Sicily and Italy and of
the
men under his command. He often said that one of the most
memorable and emotional events of his life was the
Christmas of 1943 during the battle of Ortona. Bill returned
to England in 1944 and finished the war as an Air
Observation Pilot in North-West Europe. In 1944, Bill met
and married Mimi Reeves and in 1945, Elizabeth was born.
....Bill was admitted to the British Columbia Bar in 1947
and practiced law in Victoria until 1967 when he was
appointed
to the British Columbia Supreme Court and then in 1973 to
the British Columbia Court of Appeal. In 1979, Bill was
appointed to the Supreme Court of Canada where he served for
ten years. ....
McKay, Alexander, The Canadian military
training and advisory assistance programme to Tanzania 1965–1970,
Thesis (M.A.) -- Carleton University, 1972, x, 92 p. : maps; ProQuest Dissertations Publishing,
1972, ISBN: 9780494544907;
"Cdr Craig Skjerpen, CO of HMCS Charlottetown , and LCdr John
McKee,
legal advisor, work on the bridge of HMCS Charlottetown"
McKEE, John (John Douglas
Martin), photo of LCdr John McKee with the article "Charlottetown
patrols waters off Libya" in (1 June 2011) 14(19) The Maple
Leaf at p.6; available at http://publications.gc.ca/collections/collection_2011/dn-nd/D12-7-14-19.pdf
(accessed 28 August 2017); member of the Law Society of Ontario,
member of the OJAG;
-------
Scott Campbell, co-counsel for
plaintiffs
Chris Madill co-counsel for plaintiffs
Image source: youtube.com/watch?v=tVOUIbAkJQY
Image source: https://www.cdlawyers.org/?page=65 (both images
accessed on 21 December 2016)
HALIFAX, Dec. 21, 2016 /CNW/ - Systemic
racial discrimination and harassment are the basis of a
class action filed in the Federal Court
by Stewart McKelvey on
behalf of three former members of the Canadian Forces. The
Plaintiffs, who propose to represent all persons in
Canada who have been enrolled as members in the Canadian
Forces and who are or who identify as racial minorities,
visible minorities
or Aboriginal peoples, allege that the Canadian Forces,
from top to bottom, has failed to protect racial
minorities and Aboriginals from
racism within the ranks.
"When individuals
enroll in the Canadian Forces, they expect to serve,
advance and protect the ideals we value and enjoy as
Canadians –
equality, fundamental justice and human dignity," said Scott Campbell, co-counsel
representing the Plaintiffs. "But our clients allege that
the very institution we trust to bring these ideals to the
world, has denied them, and those they represent, these
basic human rights."
....
"This filing is a defining moment for Canadian Forces
members who have experienced racial harassment and racial
discrimination," said Chris Madill, co-counsel
representing the Plaintiffs. "We intend to shine a bright
light on the alleged behaviours and institutional
practices
described in the Statement of Claim."
McKENZIE, J.P.S., Struggling with outdated
rules: international humanitarian law and its impact on
Canadian Detainee Policy, Canadian Forces College, JCSP 37,
Canadian Forces College, Master of Defence Studies, 2011,
available at http://www.cfc.forces.gc.ca/259/290/297/286/McKenzie.pdf
(accessed 15 March 2015);
McKINLEY, John, LCol, member of the JAG Branch, see "John F.
McKinley Given Promotion", The Evening Citizen,
Ottawa, Saturday, 28 February 1942 at p. 1, available at
https://www.newspapers.com/ (accessed 16 May 2020);
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McKINNON, Allan Bruce, M.P., Progressive Conservative,
Introduction of Bill C-658, to amend the Canadian Forces
Superannuation Act (retirement for misconduct), House of
Commons, Hansard, 22 June 1982;
Hon. Allan B. McKinnon (Victoria) moved
for leave to introduce Bill C-658, to amend the Canadian
Forces Superannuation Act (retirement for misconduct).
....
Mr. McKinnon:
Madam Speaker, the purpose of this bill is to limit the
extraordinary discretion of the Treasury Board under the
Canadian Forces Superannuation Act to reduce substantially
pensions of Canadian Forces personnel who have
June 22, 1982
been discharged for misconduct, sometimes for less than
major offences. It is to stop such miscarriages of justice
that 1 introduce a bill that I hope some day will receive
approval from all sides of the House.
McKINNON, John Lauchlin, Colonel, member of the Bar of Nova
Scotia, see the article by Barry Cahill, "Actions not words:
Lawyers and the First World War", an excerpt of this article
was published inThe Society Record,
Vol. 35 No. 2, Fall 2016, available at http://nsbs.org/actions-not-words-lawyers-and-first-world-war
(accessed 27 July 2018)
Though there was no clearly articulated response from the
Society to the outbreak of war, its effects were felt from
the very
beginning: John Lauchlin McKinnon
(called in 1897), a serving Militia officer, had to resign
as treasurer in order to answer
the call to arms. The closest thing in the Society to a
professional soldier, McKinnon – according to his 1944
obituary – “had
a long and distinguished military life. He joined the
Halifax Regiment of the Canadian Artillery back in the
early [1890s]. He
served in Halifax at the start of the First World War and
went overseas with the rank of major. He returned after
the war with
the rank of a full colonel.” McKinnon was unusual in that
he was among the few lawyer-soldiers called on to apply
his
professional knowledge, on various occasions serving as
Acting Judge Advocate General of the Canadian Forces.
___________McKINNON, John Lauchlin, see Nova Scotia's part in
the Great War, compiled and edited by M.S. Hunt, Halifax,
N.S. : Nova Scotia Veteran Pub., 1920; 456 pages, at p. 76,
available at (accessed 24 March 2019);
On the formation of the Nova Scotia Regimental
Depot, Lieutenant-Colonel
McKinnon was given command and was later appointed
Deputy Judge Advocate
General, Canadian Forces Overseas.
McKOENA, Kashmeel (Dennis Kashmeel
Keevantoza), legal officer, member of the OJAG; his court
martial at McKoena D.K.K. (Captain), R. v., 2005 CM 6 (CanLII),
<http://canlii.ca/t/282kt>
where he was acquitted of all charges (site accessed on 5 May
2018);
____________ "MLOTV: Canadian Forces (CF) Grievance Process", 25
May 2012, 13:15 minutes, available at https://www.youtube.com/watch?v=DJVy8FWzVf8
(accessed 1 January 2016);
___________Web site of Kashmeel McKöena, available at http://mckoenalaw.com/
(accessed 1 January 2015);
Kashmeel joined the Canadian Forces in 2003 as practicing
military lawyer with the Office of the JAG Headquarters in
Ottawa,
Kashmeel participated in several military law &
training assignments; including acting as the legal
advisor to the Canadian Forces
Grievance Authority and the training of Law Of Armed
Conflict to members of the Canadian Forces.
Kashmeel retired from the Canadian Forces JAG at the rank
of Major and join McKöena Law Professional Corporation
where he
continues his legal practice as a passionate advocate for
his clients when it matters the most.
[Source: http://mckoenalaw.com/about-us/,
accessed 1 January 2015]
McLAUGHLIN, Beverly:
- Chief Justice of the Supreme Court of Canada, 2000 to
20017, see Wikipedia;
accessed 17 May 2019;
The Chief Justice, the Right Honourable Beverly
McLaughlin, Supreme Court of
Canada, as seen on the Webcast of the hearing on
2015-05-12, case number 35755,
Second Lieutenant Moriarity, et al. v. Her Majesty the
Queen, et al. (Federal Court)
(Criminal) (By Leave), see
https://www.scc-csc.ca/case-dossier/.... and R.
v. Moriarity [2015] S.C.C. 55.
- Named Honorary Captain (Navy) of the Office of
the Judge Advocate General, June 2018:
McLAUGHLIN, P. Elmer (Patrick Elmer), born in Bocabec 18
June 1880 and died 5 April 1952, St. Stephen, N.B., Colonel
was defence counsel in the court martial referred to in the article:
"Court-Martial Tries Charges of Criminal Negligence", Globe and
Mail, 1944/01/07, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5028991
(accessed 4 September 2018); received his B.C.L. from the
University of New Brunswick;
___________on McLAUGHLIN, P. Elmer, Colonel was defence counsel in
the courts martial referred to in the article: "Three Officers
Before General Court-Martial. Charge of Negligence Following
Death of Soldier. Plea of Not Guilty Entered By Capt. G.G.
Alleyn", Hamilton Spectator, 1944/01/06, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5028992
(accessed 4 June 2019);
Defence counsel for the three accused officers is
Col. P. Elmer McLaughlin,
former St. Stephen, N.B., lawyer stationed at Saint John,
N.B.
McLEAN, D.H., Col., prosecutor, see "Sentence Commuted, Two Years
Hard Labor. Pte Telesphore St. Cyr, Draftee, Did Not Like
Army Life", The Globe, Toronto, 23 January 1919, at
p. 3, available at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....,
accessed 8 July 2020; for clarity, see also following entry on
McLean, article in French;
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___________sur McLEAN, D.H., Colonel, avocat de la
poursuite pour la cour martiale de A.Gohr en 1919:
"Châtiment sévère pour cet insoumis", La Presse, 11
février 1919 à la p. 7; disponible à http://collections.banq.qc.ca/ark:/52327/3197797
(vérifié le 9 août 2018);
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McLEAN, Fiona, Major, member of the Alberta Bar, worked for the
OJA;
Major Fiona G. McLean
Major and Canadian Forces Decoration aide-de-camp
Fiona G. McLean, a Calgary barrister
and solicitor, is completing her 32nd and final year
with the Canadian Army Reserve. Born
in Glasgow, Scotland, she joined The Calgary Highlanders
in June 1987, at age 19, as part
of the Summer Youth Employment Program. She began her
military training as a logistician
while pursuing a bachelor of history at the University
of Calgary. Admitted to the officer
program, she completed her qualification training at
Canadian Forces Base(CFB) Petawawa,
Ont., prior to being promoted second lieutenant in
September 1988. During the summers
of 1989 and 1990, McLean worked under the auspices
of the Office of the Judge Advocate General at CFB Calgary and completed
her officer training at CFB Borden, Ont.; following
which she was promoted to lieutenant. While studying law
at the University of Alberta from
1989 to 1992, she was attached posted to the Loyal
Edmonton Regiment before returning to
Calgary to article with the City of Calgary Law
Department. In 1994, after completing the
Militia Officer Staff Course at CFB Chilliwack, B.C.,
McLean was promoted to captain. In
1996, with limited ability to continue rising through
the ranks within her regiment as a logistician,
she decided to reclassify to infantry. In 2002, she was
attached posted to the 14 Calgary Service
Battalion acting as the second-in-command of the Close
Support Company and, later, as their
operations officer. The following year, McLean acted as
a tactical civil-military co-operation
operator for Land Force Western Area (LFWA) and,
finally, returned as operations officer
with her home unit. From August 2004 to February 2005,
she volunteered to deploy in
Bosnia-Herzegovina, where she first partook in Operation
Bronze as civil-military co-operation
liaison officer under NATO command. Once the
European-Union task force took over command
from NATO as Operation EUFOR-Althea, McLean served as
adjutant to the Canadian National
Support Element during the last part of Operation
Boreas. Upon her return, and through to 2010,
she served in a variety of roles for the 41 Canadian
Brigade Group and Collective Training Team
of LFWA. In 2012, she was appointed officer commanding
of the Battleschool South Training
Company (South) of 41 Canadian Brigade Group, and was
promoted to major. In 2016, she was
appointed for the second time as aide-de-camp to the
lieutenant-governor of Alberta, a duty she
continues to fulfill.
McLEAN, James Montalieu, 1909-1989, "Deaths -- McLEAN, James
Montalieu", The Globe and Mail, Toronto, 4 February 1989,
at p. A14;
[Died] At Macassa Lodge in Hamilton on Friday, February
3rd 1989, beloved husband of Mary Constance Hunt.
.... He was born in Leduc Alberta and raised in
Woodstock, Ontario. The son of the late James and
Louise Nesbitt
McLean. He graduated from Upper Canada College and
Osgoode Hall Law School. He practised law in
Hamilton for many years and was a life member of the Law
Society of Upper Canada. During W.W. II he served as
an officer with with Arggyll and Sutherland Highlanders of
Canada (P.L.) and later in the war as Assistant Judge
Advocate General at National Defence Headquarters in
Ottawa. ...
McLEAN, Lieutenant-Colonel Mike, "ROE: Their Impact on Combat
Stress in Peace Support Operations", AMSC 3 (Advanced Military
Studies Course 3), Canadian Forces College, 26 p.; available
at http://www.cfc.forces.gc.ca/259/260/263/mclean2.pdf
(accessed on 19 June 2012);
McLEAN, R. and A. (Armand) Desroches (both Lieutenant-Colonels),
"The Canadian Forces in Internal Security Operations” in The Management of the Police
Response to Crisis Situations: the Proceedings of the Tactical
Unit Workshop Canadian Police College, Ottawa: Canadian
Police College, 1982, 184 p., at p. 61; Armand Desroches is
a former Justice and JAG officer;
--5th Judge Advocate General, 1969-1972
H.A. McLearn, photo
reproduced from the
back dust jacket of McDonald, R. Arthur, Canada's Military
Lawyers, supra.
McLEARN, Brigadier-General H.A. (Harold Alexander)
("Mac"), "Canadian Arrangements for Aid of the Civil Power",
(Summer 1971) 1(1) Canadian Defence Quarterly 26-31;
available at http://www.lareau-legal.ca/Power44.pdf
(accessed 8 September 2017); ; copy available at the Directory of
History and Heritage, 2nd floor of the Colonel Charles P. Stacey
Building, 2429 Holly Lane, Ottawa, Ontario;
Image
source: flickriver.com/photos/tags/osgoodehalllawschool/interesting/,
accessed 6 May 2018
Harold Alexander McLearn, Archives of
the Law Society of Ontario
___________1912-1990, Brigadier-General McLearn was the
Judge Advocate General from 20 February 1969 to 13 August 1972;
subsequently worked for the Department of Justice Canada;
___________on McLearn, Brigadier-General Harold, see
"Death--McLearn, Brigadier-General Harold", The Ottawa Citizen,
15 April 2020 at p. 38 or D10;
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 McLearn, Brigadier-General Harold Alexander,
see McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's
Military Lawyers, Ottawa : Office of the Judge Advocate
General, c2002, at pages 83, 97, 99, 99-102, 109, 114 and 117,
available at i-xii
and 1-102 and 103-242;
___________Testimony IN CAMERA
of Brigadier General H.A. McLearn, Judge Advocate General, before
the House of Commons, Minutes of Proceedings and Evidence of the
Standing Committee on External Affairs and National Defence
respecting the White Paper entitled "Defence of the 70's", Issue
number 5, 9 March 1972 (28th Parl., Fourth Sess., 1972) and see
relevant text at https://parl.canadiana.ca/view/oop.com_HOC_2804_3_1/125?r=0&s=1
(accessed 3 September 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
___________Testimony of Brigadier General H.A. McLearn, Judge
Advocate General, before the House of Commons, Standing Committee
on Finance, Trade and Economic Affairs, Minutes of Proceedings and
Evidence, No. 34, Respecting Bill C-178, 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 Policy Pension Continuation Act
and the Public Service Superannuation Act, Tuesday, March 18, 1969
(28th Parl., First Sess.) and available at https://parl.canadiana.ca/view/oop.com_HOC_2801_4_2/717?r=0&s=1
(accessed 3 September 2020);
___________Testimony of Brigadier General H.A. McLearn, Judge
Advocate General, Standing Committee on External Affairs and
National Defence, Minutes of Proceedings and evidence respecting
the White Paper entitled "Defence in the 70s", No. 5, Thursday,
March 9 and Thursday, March 16, 1972, 29 p. ; note: 28th Parl.,
4th Sess.; see http://publications.gc.ca/collections/collection_2016/spac-pspc/PF1-4-1972.pdf
at p. 56;
____________Testified as Commander, deputy judge advocate
general, before the defence committee of the House of
Commons, on a bill to consolidate and modernize defence
legislation, see "Rap at Communism--Forces to Clamp Down on
Sedition", Star-Phoenix, Saskatoon, 26 May 1950 at p. 2,
available at https://www.newspapers.com/, accessed 19 May 2020;
___________Testimony as
Group Commander before the House of Commons, Standing
Committee on National Defence respecting Bill C-243, An Act to
amend the National Defence Act and other Acts in consequence
thereof, 27th Parl., 1st Sess., Minutes of Proceedings, Number
32, Tuesday, March 14, 1967 and available at https://parl.canadiana.ca/view/oop.com_HOC_2701_13_2/869?r=0&s=1
(accessed 2 September 2020);
___________Testified as Wing Commander in 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.; copy at the Library of Parliament, call
# J103 H7 1950 D4 A1 and at Library and Archives Canada; the
wallet of the Special Committe is located at the Library and
Archives Canada, Record Group # 14, 1987-88/146, Box 58
which contains the reports to the House, amendments, exhibits and
minutes; there is a Microfiche. [Toronto] : Micro Media Limited,
[1995?] -- 5 fiches ; 11 X 15 cms at the University of
Ottawa, Off-Campus
Storage - Annex CA1 XC2 N14a 212; other
information for research: Canada, Parliament, House of Commons,
Special Committee on Bill no. 133, An Act respecting National
Defence, Minutes of Proceedings and Evidence.
May 23 [21st Parliament, 2nd
session] - June 6, 1950 [21st
Parliament, 2nd session], King's Printer 1950,
see https://books.google.ca/books/about/Minutes_of_Proceedings_and_Evidence_May.html?id=_oGrtAEACAAJ&redir_esc=y
(accessed 21 May 2018); see also fonds at National Defence
Headquarters Directorate of History and Heritage: Fonds 2007/16 -
Special Committee on Bill No. 133, An Act Respecting National
Defence fonds, 3.5 cm of textual records, see https://www.archeion.ca/special-committee-on-bill-no-133-act-respecting-national-defence-fonds
(accessed 21 May 2018); copy also at the Department of
Justice Canada, Supreme Court of Canada, Guelph University,
University of Toronto Robarts Library; VERY
IMPORTANT DOCUMENT NOW AVAILABLE at http://parl.canadiana.ca/view/oop.com_HOC_2102_3_1/1?r=0&s=1,
accessed on 24 August 2020 and many thanks to my federal member of
Parliament Mr. David McGuinty, Ottawa South and his executive
Assistant Jenny Hooper for providing information about this link
on 24 August 2020;
Image
source: http://everitas.rmcclub.ca/?p=76619, accessed 16 August 2016
Major Trevor McLeod, center, with two ANA Legal School Training
Advisor Team 2012-1
McLEOD, Trevor P., biographical notes on retirement from the CF in
2016; going to the Department of Justice Canada;
Major Trevor P.
McLeod, CD, BEng (Civ), LL.B., MBA
Major Trevor McLeod
joined the CF in 1983 as an ROTP cadet at the Royal
Military College of Canada in Kingston. He
graduated in
1987 with a degree in civil engineering. After an
aborted attempt to become a CF pilot, Trevor completed
classification training as an
Air Weapons Controller in 1989
Trevor spent two
tours of duty at the Canadian NORAD Sector in North Bay
(1988 - 1992, and 1996 - 1999) where at different times
he maintained qualifications as a Weapons Director and
Weapons Assignment Officer, Surveillance Controller,
Standards Evaluator,
Operations Room Tactical Director, NORAD Airborne Battle
Staff and Joint Operations Officer. From 1992 to
1996 he was posted
to the NATO Airborne Early Warning Force in
Geilenkirchen, Germany where he served as a Weapons
Controller and Fighter Allocator
on squadron, as well as an Instructor in the Training
Wing.
After being accepted
into the Military Legal Training Program in 1999, Trevor
attended law school at the University of Ottawa and
graduated in 2002. After completing his Bar
Admissions Course for the province of Ontario, Trevor
officially joined the Office of the
JAG in 2003. As a Legal Officer he has advised in
the areas of administrative law concerning personnel
issues and grievances, on
general military law, and on military justice
issues. He has deployed operationally twice as a
legal officer. In 2007 he had an opportunity
to advise on operational law issues during a deployment
to the Democratic Republic of Congo where he filled the
position of Deputy
Military Legal Advisor to the United Nations
peacekeeping force in that country. In 2012 Trevor
deployed to Kabul, Afghanistan and
served as the Deputy Training Advisor to the Afghanistan
National Army Legal School.
Trevor’s current and
last posting as a legal officer is in Ottawa with the
JAG Directorate of Law / Military Justice Policy where
he
works diligently and tirelessly on the regulations and
consequential amendments stemming from Bill C-15:
Strengthening Military
Justice in the Defence of Canada Act. He will be
joining the ranks of the Department of Justice as a
counsel with the International
Assistance Group. Currently enjoying a return to
paternity with a little one less than 2 years old,
Trevor anticipates many years with
the Department of Justice.
Congratulations to
Major Trevor McLeod for his 33 years of service in the
Canadian Armed Forces and numerous achievements as
an Air Weapons Controller and Legal Officer, and best of
luck to him, his wife Vesna and two daughters Alyssa and
Anna in their future endeavors.
........
Major Trevor P.
McLeod, CD, BEng (Civ), LL.B., MBA
Le major McLeod joint les FC en
1983 en tant que cadet dans le PFOR du Collège militaire
royal du Canada, à Kingston. En 1987, il
obtient un diplôme en génie civil. En 1989, après
un échec pour devenir un pilote des FC, Trevor complète
la formation pour se qualifier
à titre de contrôleur des armes aériennes.
Trevor a passé deux périodes de
service avec le secteur canadien du NORAD à North Bay
(1988 - 1992 et 1996 - 1999) où, pendant
des périodes différentes, il maintient ses
qualifications comme directeur des armes et officier à
l’affectation des armes, contrôleur de la
surveillance et évaluateur des normes, directeur
tactique du Centre des opérations, officier d’état-major
de combat aéroporté du NORAD et
officier des opérations interarmées. De 1992 à
1996, il est posté à la Force aéroportée d’alerte
avancée de l’OTAN, à Geilenkirchen, en
Allemagne, où il sert à titre de contrôleur à bord des
avions dotés du système aéroporté de détection lointaine
pour un escadron ainsi que
d’instructeur de l’escadre responsable de la formation.
Après avoir été accepté au
Programme militaire d’études en droit en 1999, Trevor a
fréquenté la faculté de droit de l’Université d’Ottawa
et obtient son diplôme en 2002. Trevor complète ensuite
son cours de formation professionnelle du barreau pour
la province d’Ontario et
joint officiellement le cabinet du JAG en 2003. En sa
qualité d’avocat militaire, il fournit des avis dans le
domaine du droit administratif,
sur les questions de personnel et de griefs, du droit
militaire en général, et de la justice militaire.
Il se déploie deux fois comme avocat militaire
en théâtre opérationnel. En 2007 il avise sur les
questions de droit opérationnel au cours d’un
déploiement dans la République démocratique
du Congo où il occupe le poste de conseiller juridique
militaire adjoint à la Force de maintien de la paix des
Nations Unies dans ce pays. En
2012 Trevor se déploie à Kabul, Afghanistan ou il occupe
le poste d’adjoint au conseiller militaire senior à
l’École juridique de l’Armée nationale
afghane.
La dernière et actuelle affection
de Trevor en tant qu’avocat militaire est à Ottawa au
sein de la Direction juridique / Justice militaire –
politique
ou il a travaillé avec diligence et ardeur sur les
amendements législatifs et règlementaires résultant du
projet de loi C-15, la Loi visant à renforcer
la justice militaire pour la défense du Canada. Il va
par la suite joindre les rangs du Service d’entraide
internationale au Ministère de la Justice
en qualité d’avocat. Savourant présentement un retour
aux joies de la paternité avec une petite ayant moins de
2 ans d’âge, Trevor anticipe plusieurs
années au sein de l’équipe du Ministère de la Justice.
Félicitations au major Trevor
McLeod pour ses 33 années de services au sein des Forces
armées canadiennes et ses nombreux accomplissements
en tant que contrôleur des armes aériennes et avocat
militaire, et meilleurs vœux à lui, son épouse Vesna et
ses deux filles Alyssa et Anna dans leurs projets
futurs.
[Source: email from Keith
Reichert, Assistant Chief of Staff (Personnel), Office
of the Judge Advocate General to Benoit
Pinsonneault, alumni member, 16 August 2016, 14:33 h]
Maj Trevor McLeod, image source: http://everitas.rmcclub.ca/?p=76619
____________for an article on Trevor McLeod, see EDWARDS, Victoria,
"16004 Major Trevor McLeod, Member ANA Legal School Training Advisor
Team", posted by rmcclub on 13 May 2012, available at http://everitas.rmcclub.ca/?p=76619
(accessed on 19 April 2015);
16004 Major Trevor McLeod (RMC 1987)
is currently posted in Ottawa as Deputy Judge Advocate –
Ottawa. He joined
the CF in 1983 as an ROTP cadet at the Royal Military
College of Canada in Kingston. He graduated in 1987 with a
degree
in civil engineering. After being accepted into the Military
Legal Training Program in 1999, Major McLeod attended law
school at the University of Ottawa and graduated in 2002.
After completing his Bar Admissions Course for the
province of Ontario, Trevor officially joined the Office
of the JAG
in 2003. As a Legal Officer he has advised in the areas of
administrative law concerning personnel issues and of
general
military law. He had an opportunity to advise on
operational law issues during a deployment to the
Democratic Republic
of Congo where he filled the position of Deputy Military
Legal Advisor to the United Nations peacekeeping force in
that
country. Source
From the left, Gravi Swayze, the author, and Major Trevor McLeod
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)
Source:
ca.linkedin.com/in/benoit-mcmahon-17162489, consulté le 7 avril 2018
Benoit Mc Mahon
Le major
Mc Mahon est originaire de Laval, province de
Québec. Il a un frère
jumeau avec qui il a joué au baseball et au hockey durant
toute sa jeunesse.
Il a aussi une sœur de 4 ans son ainée. Ses parents
sont retraités depuis quelques
années déjà et ils vivent paisiblement à Rawdon, petite
ville située au nord‐est de Montréal.
Le major Mc Mahon est avocat depuis1993. Après ses
études de droit à l’Université de
Montréal (LL.B. 1989‐1992), le major Mc Mahon fait son
stage comme procureur de la poursuite
au palais de justice de Montréal où il fait partie de
l’équipe des enquêtes préliminaires. Après
son stage, le major McMahon devient avocat de la défense à
Montréal où il exerce en pratique
privée de 1994 à 1998. En 1999, le major McMahon
joint les FC et est muté à la Direction du
service des avocats de la défense. Dès l’année 2000,
le major Mc Mahon retourne à Montréal
en tant que JAA au SQFT, et en profite pour être déployé
en Bosnie-Herzégovine sur la roto 10.
Il retourne ensuite à Ottawa pour travailler à la
direction du droit administratif pendant environ
deux ans (griefs) et revient à ses anciennes amours en
2006 comme procureur militaire régional
à Ottawa (deux ans) et Edmonton (trois ans). Entre
2012 et 2014, le major Mc Mahon est muté
à Ottawa et agit en tant que conseiller juridique du
Centre de soutien aux enquêtes administratives
(CSEA‐AISC). Le major McMahon est transféré au CDMFC en
2014 où il enseigne le DIH, le droit
administratif et le droit militaire. Il détient une
Maîtrise professionnelle en droit administratif du
Osgoode Hall Law School. La lecture de romans,
la marche et l’entraînement au gymnase font
partie de ses passe‐temps.
Québec, le mercredi 21 octobre 2020 –
Le Conseil des ministres a procédé
aux nominations suivantes à sa séance d’aujourd’hui.
[...]
Comité de déontologie policière
M. Benoit Mc Mahon est nommé, à compter du 16 novembre
2020, membre du Comité de
déontologie policière. M. Mc Mahon est avocat militaire à
la Direction juridique du Personnel
militaire au Cabinet du juge-avocat général des Forces
armées canadiennes.
Avocat militaire – Direction
juridique – Personnel militaire – Cabinet du juge-avocat
général
2014
- 2018
Professeur de droit – Centre de
droit militaire des Forces canadiennes – Académie
canadienne de la défense (Kingston, Ontario)
2011
- 2014
Avocat militaire – Centre de
soutien aux enquêtes administratives – Cabinet du
juge-avocat général
2006
- 2011
Avocat militaire, procureur
militaire régional – Cabinet du juge-avocat général
2001
- 2005
Juge-avocat adjoint – Cabinet du
juge-avocat général – Montréal
1999
- 2001
Avocat militaire – Direction du
service des avocats de la défense – Cabinet du juge-avocat
général
1993
- 1999
Avocat de la défense en pratique
privée – Montréal
Ministère de la Justice
1993
Stagiaire en droit – Bureau des
substituts des procureurs de la couronne – Montréal
McMAHON, J. Ambrose, lawyer and served with the JAG "Department"
during WW II, see "J. McMahon Dies at 58", The
Ottawa Citizen, Monday, 26 January 1959 at p. 2:
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
[Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/...., ProQuest, accessed 29 April 2020]
McMichael, G.T. (Gordon T.), Captain, from the "Office" of the Judge
Advocate General, see "Resume Practice", The Ottawa Citizen,
Saturday, 11 May 1946 at p. 10, available at
https://www.newspapers.com/i...., accessed 27 May 2020;
___________on McMichael, Gordon T., death notice, The Ottawa
Citizen, Monday, 13 November 1995, at p. 51, available at
https://www.newspapers.com/image/...., accessed 23 June 2020;
x
____________on McMichael, Gordon T., see his photo (first on
the left) with others that appeared with the article by Sheri
Barron, " 'Survivors' recall half century of law", The Ottawa
Citizen, 9 May 1987, at p. A5, available at
https://www.newspapers.com/...., accessed 23 June 2020;
Gordon McMichael, first on the left.
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
---
Elizabeth McMillan, image
source:
Anjuli Patil, image source:
https://twitter.com/elizmcmillan
https://twitter.com/anjulicbc, accessed 6 July 2017
Image
source:
pressreader.com/canada/ottawa-citizen/20100809/281784215388365,
accessed 7 November 2017
John McMunagle
McMunagle, John A., notes on
Ontario Superior Court Justice John McMunagle, see http://www.queensu.ca/gazette/content/alumni-sworn-judges-superior-court,
accessed 7 November 2017;
Two Queen's alumni were sworn in on August 9 [2010] as
judges of the Superior Court of Justice.
The appointments of the Honourable Peter B. Annis,
Arts'68, Law'71, and the Honourable
John A. McMunagle, Law'85, were announced by the
federal Minister of Justice in June.
Mr. Justice McMunagle has been a sole practitioner since
2008. He practised with McCann
Law Offices (2002-2008) and was a sole practitioner
(1992-2002). He has been a prosecutor
for the Law Society of Upper Canada since 2004; a member of the Canadian Armed Forces Reserves, Judge Advocate General since 1999;
standing part-time prosecutor for Elections
Canada (1992-2007); part-time assistant Crown Attorney for
the Ministry of the Attorney
General (1993-1997). His main area of practise was
criminal defence trial litigation.
___________on McMunagle, John A., Lieutenant (Navy), was
defence counsel in the Standing Court Martial of R. v. Lowen
CM 29, Kingston, Ontario, 8 April 2002; available at
(accessed 24 August 2019); 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: 2002-11;
___________ "The Canadian Forces' Criminal Law Firm: A Blueprint
for Independence -- Part I", (2003) 8(2) Canadian Criminal Law
Review 237-280 and "The Canadian Forces' Criminal Law Firm:
A Blueprint for Independence -- Part II", (2004) 8(3) Canadian
Criminal Law Review 329-376;
___________Canadian Military Law, Ottawa : University of Ottawa,
Common Law Section, 2013-, "CML 3149" (seies; Casebook, University
of Ottawa, Common Law Section; copy at the University of Ottawa,
Fauteux Library: KE 6800 .M36 2013-2014 v.1 et v. 2;
___________"Military Enjoys Rights", The Ottawa Citizen,
5 December 1996, at p. A14;
As I read the Nov. 29 editorial, ``Officer can eat
again,'' on the Dean Marsaw case,
I felt compelled to respond to the egregious error that it
contains. It states:
``Our CharterofRights and Freedoms does not apply
to members of the
military...''
This is plainly wrong.
Just because someone joins the Forces, he does not lose
the protection of the
Canadian CharterofRights. Soldiers are not
second-class citizens; they enjoy the
same rights and
freedoms as everyone else. The Charter has been used to bring
about many changes to the military justice system.
It is highly unprofessional, bordering on incompetence,
to suggest that military
members are not protected by our Charter.
David NcNairn, lawyer, Ottawa
[source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....;
accessed 9 June 2019]
Forsyth v. Canada (Attorney General), 2002 FCT 643
(CanLII), [2003] 1 FC 96, <http://canlii.ca/t/kdl>,
date 2002-06-05 where Major McNairn appeared as counsel
for the applicant Private Forsyth, and Major Ken Lindstein
was one of the counsel for the respondent the Attorney
General for Canada;
Further research on the Forsyth case
- was court martialed and convicted on 2
September 2002 at CFB Gagetown; LCol Ménard was
President; other counsel unknown;
- the appeal of of Forsyth, 26 Sep 2003, available
at R. v. Forsyth, 2003 CMAC 9 (CanLII), <http://canlii.ca/t/ggpx3>
Opposition Liberals are demanding Alberta
Solicitor General Heather Forsyth
resign over allegations she asked a witness not
to testify at a trial in 1999.
The accusations, made during a court martial of
her son at CFB Gagetown
in New Brunswick, surfaced when a transcript of
the hearing became public.
....
Forsyth's son was found guilty of assault
causing bodily harm at the court
martial. Cpl. Thomas Forsyth was sentenced to
eight months in a military
prison but has been released while the case is
being appealed.
According to the transcript, the military
investigator said the original
criminal case fell apart after Heather Forsyth
persuaded her son's girlfriend not to testify.
....
Forsyth was not solicitor general at the time, but
was a member of the legislature.
__________on McNairn, David, as of August 2019, employed by the
Department of Justice Canada and works at DND/Canadian Forces Office of The Legal Advisor;
Ottawa; source
https://www2.lsuc.on.ca/LawyerParalegalDirectory....;
An Ottawa lawyer and aspiring judge has won $160,000 in
damages in a defamation
lawsuit he brought against neighbours of a condominium he
owns in Costa Rica.
___________on McNairn, David, see the following biographical
notes published in Canadian Association for Civilian
Oversight of Law Enforcement (CACOLE), Conference 2004: Many
Voices : Communities and Civilian Oversight, at pp.
19-20 and available at http://www.cacole.ca/confere-reunion/pastCon/pdf/2004Biographies-eng.pdf
(accessed 13 April 2020);
David McNairn, C.D., B.A., LL.B.,
M.A.
David McNairn is employed as
counsel with the Department of
Justice
in Ottawa at the Criminal Conviction
Review Group. He is one of several
counsel responsible for reviewing
and investigating criminal conviction
review applications submitted to the
Federal Minister of Justice pursuant
to sections 696.1-696.6 of the Criminal
Code and the Regulations Respecting
Applications for Ministerial Review – Miscarriages
of Justice. As part of this
process, Mr. McNairn
provides advice to the Federal Minister
of Justice
with regard to whether an applicant
should be granted a remedy (i.e., a
20new trial or a referral to
the court of appeal) because there is a
reasonable
basis to conclude that a miscarriage of
justice likely occurred in his or her
case. Mr. McNairn
was called to the bar of Ontario in 1988. He
received his post-secondary
education at Carleton University where he earned
his Bachelor of Arts degree
(History and Political Science) in 1983,
the University of Ottawa where he earned
his Bachelor of Laws degree in 1986, and Wilfrid Laurier
University where he
earned his Master of Arts degree (Military
History) in 1997. After articling in Ottawa,
Mr. McNairn spent
nine years in private practice in Stratford,
Kitchener-Waterloo and
Ottawa. His practice focussed on
litigation with an emphasis on criminal
law
including defence and prosecution work. Mr.
McNairn enrolled in the
Canadian Forces
(CF) in 1984 as a non-commissioned member of a
reserve infantry regiment. He was
commissioned from the ranks in 1986 and
served thereafter as a reserve infantry
officer.
In 1996 Mr. McNairn
became a reserve legal officer with the Office of
the Judge Advocate General for the CF and
transferred to the regular force a
short time later.
After five years of full-time military service
– three of those years as a military defence
counsel - Mr. McNairn left the regular force in
2002 and accepted his present position
with the Department of Justice. Mr.
McNairn is active in the
Canadian Bar Association
and in particular served as chair of the
National Military Law Section in 2002-2003.
He is the author of several published articles
on military law and justice issues and
is presently working on a book tentatively
entitled Canadian Military Justice. Mr. McNairn is married, has two
children and resides in Ottawa.
___________"Should Canada's Military Justice System Have
Jurisdiction Over Ordinary Criminal Offences?", 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. 65-71, 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);
The Three Conditions for the Exercise of
Military Jurisdiction Over Ordinary Criminal Offences: A Reformulation of the
Military Nexus Doctrine
What I am about to offer you is in effect a
reformulation of the military nexus doctrine which
developed rather haphazardly in Canadian
jurisprudence. I suggest that the military
justice system should only exercise its concurrent
jurisdiction over an ordinary criminal offence
allegedly committed in Canada by a person subject to
the Code of Service Discipline if three conditions are
satisfied:
1. Is there a real and substantial connection
between the alleged offence and the accused’s military
service?
2. Taking into account all relevant
considerations, is there a compelling military
interest in prosecuting the alleged offence?
3. Have civilian justice authorities been fully
informed of the circumstances of the alleged offence,
waived their authority to prosecute the
offence, and consented to the prosecution in the
military justice system?
___________Studies in Public
Law: Canadian Military Law [Materials on Military Justice],
Ottawa: University of Ottawa, Common Law Section 2011-, (series;
Casebook, University of Ottawa, Common Law Section), NOTES: CML
4104; Latest edition only kept at the Law Library; copy at
Ottawa University, FTX Reserve KE 7146 .M36 2011-2012,
volumes 1 and 2;
___________"An Update on Military Law Reform in Canada",
[December 2004] New Zealand Armed Forces Law Review 36 to
approx. 44; title noted in my research but article not
consulted yet (4 November 2005);
McNAMER, John, "Canada -- Briefing to the UN Committee against
Torture, 48th Session, May 2012, on Canada's Transfer of Afghan
Detainees into the Danger of Torture by Other Authorities",
available at http://www.nightslantern.ca/law/mcnamertocat.pdf
(accessed on 3 November 2014);
McNEILL, D.J. was Captain 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);
Image
source: johnjmcneil.files.wordpress.com/2011/08/wilcox-gazette.jpg,
accessed 7 November 2017
McNEIL, John, Cape Breton Post, "Soldier accused of murder loses
constitutional challenge", The Montreal Gazette, 18 March
2009, available at https://mcneilmedia.ca/nr3/
(accessed 7 November 2017);
Defence lawyer Maj. Stephen Turner presented
arguments Tuesday, claiming the process for selecting the
military
jury that will hear Wilcox’s court martial violates
his constitutional right to a fair trial.
....
Military prosecutor Maj. Sherry MacLeod said Turner’s
arguments called for broad changes to the military justice
system without demonstrating that any of these possible
problems will actually affect the Wilcox court martial.
McNEILL, N.-N. (could be instead N.J., see infra next
entry) research note: article about a General Court martial where
Captain N.-N. McNeil from Calgary was the prosecutor, see
"Procès de trois soldats devant une Cour martiale, à Aldershot",
Le soleil, mardi 31 juillet 1945, à la p. 9;
disponible à http://collections.banq.qc.ca/ark:/52327/3439529
(consulté le 21 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
McQUARRIE, Robert Laughlin, lawyer and was named Assistant Judge
Advocate-General in charge of internment camp operations during WW
II, see Dr. L. Gordon Goldsborough, "Memorable
Manitobans: Robert Laughlin McQuarrie (1896-1968)", Manitoba
Historical Society, available at http://www.mhs.mb.ca/docs/people/mcquarrie_rl.shtml
(accessed 17 March 2019);
Born at Minnedosa
on 21 February 1896, son of Thomas Chalmers McQuarrie
(1858-1921) and Mary
Cameron Smith (1863-?), he was educated in Minnedosa. In
1917, he enlisted in the military and served
two years in the Royal Canadian Army Medical Corps and
Royal Flying Corps. After the First World War,
he articled in law with James
F. Kilgour and was called to the Manitoba Bar in
1925. He became a member
of Kilgour, Foster & McQuarrie and later joined the
firm of Coldwell,
Coleman & Kerr. During the Second
World War, he rejoined the military in August 1940 and
served as Assistant Judge Advocate-General in
charge of internment camp operations. He made a King’s
Counsel in 1944. On 20 November 1926, he
married Norma Henrietta Andrew (?-?) of Minnedosa and
they had one daughter. He served as President of
the Brandon Kinsmens Club (1927) and Vice-President of
Canadian Kinsmens Clubs (1928-1929). Active
in Conservative politics, in 1929 he was President of
the Federated Young Conservative Clubs of Manitoba.
He was a member of the Brandon Masons, Canadian Club of
Brandon, and Anglican church. He retired to
Victoria, British Columbia in 1949 and died there on 5
March 1968.
.___________on McQUARRIE, Robert Laughlin, Major, Assistant Judge
Advocate -General, military district number 10, Winnipeg,
see his memorandum dated 16 September 1943, Canadian Heritage,
Canadian Army Courts Martial documents T-15650, matching page
image 2567, available at http://heritage.canadiana.ca/view/oocihm.lac_reel_t15650/2567?r=0&s=1
(accessed 24 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
___________on McQUARRIE, Robert Laughlin, see his photo with the
article "Major McQuarrie Named Assistant Judge Advocate", The
Winnipeg Tribune, 8 January 1942 at p. 18, available at
https://www.newspapers.com/image/...., accessed 22 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 McQUARRIE, Robert Laughlin, see "Soldier-Lawyer
Seeks Esquimalt Tory Nomination", Times Columnist,
Victoria, B.C., Saturday, 27 February 1960 at p. 4; available at
https://www.newspapers.com/image/...., accessed 28 May 2020;
Angus McRae
McRAE, Angus Alexander, Reverend, died in 2011, as a
Captain-Chaplain was court martialed in 1980 for sex offences on a
young boy, see the site http://www.theinquiry.ca/wordpress/accused/charged/mcrae-father-angus-mcrae/#comments
(accessed 30 August 2017); the trial was held in-camera; there was
an appeal as to severity of sentence and it was reduced to 18
months; Capt Boan was the prosecutor and LCol J.B. Fay the JAG;
Priest, Archdiocese of Edmonton, Alberta. Ordained
05 June 1954. Spent several years with the Canadian Armed
Forces as a military chaplain.
1980 court martial – sentenced to four years
for sex abuse of young boy. The charges, which included
buggery, gross indecency and indecent
assault, were laid by military police and prosecuted by
military. Served only 10 months of four year
sentence, and that in CFB military prison
in Edmonton.
___________on McRAE, Angus, see the transcript of his General
Court Martial, CFB Edmonton, 15-18 July 1980, available at https://cfbnamao.files.wordpress.com/2020/11/a-2019-00017_transcript.pdf
(accessed 4 November 2020); the transcript was obtained by an
Access to Information Act request, DND, number
A0610347_265-A-2019-00017-00265; this is the number that appears
at the bottom of each page; the judge-Advocate was LCol J.B.
Fay; prosecutor Major D.J. Boan; defence counsel Major G.L. Brais;
___________on the court martial, see "Military Chaplain sentenced
to 4 years over sexual offences", The Globe and Mail, 1
August 1980, at p. 11;
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
___________another conviction in 1989, see "Ex-Edmonton priest
convicted on sex charges", Edmonton Journal 23 July 1989,
at p. B8;
TORONTO (CP) -- A 63-year- old Roman Catholic priest who
molested two boys from his suburban parish
has been placed on probation for three years.
Rev. Angus NcRae, once a military chaplain at CFB
Edmonton, pleaded guilty Friday to sexual exploitation
and sexual interference for fondling the buttocks of the
boys, aged 12 and 14, several times over the past year.
McRae often discussed erections and masturbation with the
older boy, Crown attorney Mary Hall told provincial court.
When the older boy began avoiding him, McRae started to get friendly
with the 12-year-old, and fondled his
buttocks "whenever he had the opportunity."
The boys' complaints to church officials in May prompted
calls to the Catholic Children's Aid Society and Toronto
police, who charged McRae June 27.
McRae underwent psychological assessment and will receive
treatment, the defence said. He will return to a small
farming community on the outskirts of Edmonton to live
with his sister.
The church has barred him from parish work for life.
The judge also ruled McRae is not to associate with anyone
under the age of 18 unless accompanied by an adult.
He received a four-year sentence in 1980 after being
convicted of three sex charges involving a boy.
He had been tried at a military court martial in Edmonton on charges of
buggery, indecent assault and gross
indecency.
[source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/;
accessed 11 September 2018]
___________on McRae, Angus, see the article by David Pugliese,
"Records military fought to keep secret show pedophile priest had
multiple child victims", The Ottawa Citizen, 16 November
2020; available at (accessed 16 November 2020);
McRAE, D.M., "Annual Conference of the Canadian Council on
International Law", (1975) 12 Canadian Yearbook of
International Law / Annuaire canadien de droit nternational 267-271;
The Canadian Council on International Law held its
third Annual Conference in Ottawa on October 18-19, 1974.
The theme of the
Conference was International Terrorism and three sessions
were devoted to it. The first session on October 18 focused
on a paper
delivered by Professor Paul de Visscher of the University of
Louvain, Belgium, entitled, “Le Terrorisme International:
Ses Effets
sur l’Ordre Juridique International.” The paper was
commented upon by Professor L. C. Green of the University of
Alberta,
Professor Jordan J. Paust of the University of Houston, and
Brigadier J. M. Simpson of the office of the Judge Advocate
General.
[Abstract]
The use of Private Military Companies (PMCs) has become an
increasingly common feature of contemporary armed conflict.
Because of their autonomous
contractual status, PMCs have presented governments with
problems of accountability on several levels, including
violations of international human rights
and humanitarian law (IHL) standards. This thesis argues
that PMCs should be considered to be non-state actors
(NSAs), subject to international law from
both an International Relations Theory and a Legal Theory
perspective. This conclusion is linked to the issue of
whether individual PMC employees can
be treated as legitimate combatants according to IHL. State
practice has not led to a clear understanding of the
definition of combatant, a problem which
has been compounded by a lack of government policy on the
use of PMCs. Using Canadian experience as a case study, the
thesis concludes that IHL
suggests two options for regularizing the status of PMCs
which would both strengthen accountability and uphold the
rule of law.
McWHINNEY, Edward, "The Firing Squad Case: Have we swept it under
the rug?", The Globe and Mail,
11/04/1966, p. 7;
THE TRIAL AND execution in the Netherlands of the
two German prisoners-of-war, Bruno Dorfer and Rainer Beck,
nine
days after the Allies abolished the legal... (source:
http://queensu.summon.serialssolutions.com/search?s.cmd=nextPage%
28%29&s.light=t&s.pn=5&s.q=%22canadian+military+law%22,
accessed 15 October 2015)
____________"Canada and the
2003 invasion of Iraq: Prime Minister Chrétien's gloss on the UN
charter principles on the use of force", (2007) 45 Canadian yearbook of
international law 271-290;
McWILLIAMS, A.C., Major, assistant judge advocate general for the
Western Command, referred to in the article "Rosedale Area
Subdivision Plan Approved. Lots Will Be Auctioned by City
Within Few Weeks", Calgary Herald, Tuesday 8 April 1947 at
p. 9; available at www.newspapers.com/...., accessed on 20 May
2020;
Source
de l'image:
https://www.mcgill.ca/law/fr/about/profs/megret-frederic, visité
18 octobre 2015
MÉGRET, Frédéric, "Thinking About What International Humanitarian
Lawyers 'Do': An Examination of the Laws of War as a Field of
Professional Practice", (October 7, 2014) in Wouter Werner,
Marieke de Hoon, and Alexis Galán Ávila (eds), The Law of
International Lawyers (2015). Available at SSRN: http://ssrn.com/abstract=2670673 (accessed
18 October 2015);
MEHKERI, Leila (Leila Vanessa), Captain, member of the OJAG,
reserve 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; she is
an Assistant Crown Attorney in Guelph, Ontario; member of
the law Society of Ontario since 2012;
MELBOURNE, Michel (Joseph Michel Robert), Captain, regular force,
lawyer, member of the OJAG; he attended the 2019 mandatory legal
officer qualification course at Canadian Forces Military Law
Centre, CFB Kingston, see Access to Information Act, DND Acess to
Information and Privacy letter dated 12 June 2019, File
A-2019-00289; see also LinkedIn at https://ca.linkedin.com/in/michel-melbourne-40572a162
(accessed 19 June 2019);
___________on MELBOURNE, Michel, acts as defence counsel in the
court martial: Kanaar J.R. (Private), R. v., 2020 CM 5009
(CanLII), <http://canlii.ca/t/j94jp>;
guilty plea; accessed 15 August 2020;
Lieutenant-Commander Mike Madden and Major
Patricia Beh of the Canadian Armed Forces, Judge Advocate
General (JAG), will be speaking on the “The Resort
to Force and International Humanitarian Law in
Contemporary Armed Conflicts: The Military Lawyers’
Perspective” on Wednesday, October
14th, 2015 at 1:oopm in OM
3632.
Memorandum of laws affecting the members of the Mennonite
Religious Society and military service in Canada, imprint
[Canada] : Liberal Print, [1917], [6 p.]; copy at the University of
Toronto, Thomas
Fisher Rare Book, Rare Book cap 07444;
"Memorandum of Understanding between, The Right Honourable Stephen
Harper, Prime Minister and the Honourable Michael Ignatieff, Leader
of the Official Opposition and Gilles Duceppe, Leader of the Bloc
Québécois, available at https://www.scribd.com/doc/33140175/100615-Mou-en-Final
(accessed 8 September 2016);
Alain Ménard (à droite) avec
Francis
(Frank) Bergeron (court reporter), sourcede la photo: JAG
Newsletter/Les actualités,
vol. 1, 2003 at p. 16
MÉNARD, LCol A. (Alain), "The Role of the Military Judge: Meeting
the Challenges of Independence - National Military Law Section
Panel - Discipline Through Justice - Canadian Bar Association
Annual Conference - Saskatoon - August 2001", (Jun-Dec 2001) 2 JAG
Newsletter-Les actualités 49-54; note: "BGen Pitzul was the
invited speaker at the luncheon given by the Association des
avocats civilistes", November 1, 2001, Ottawa; note: bilingual
article (parts in French and English) / article bilingue (parties
en français et anglais);
source:
collectionscanada.gc.ca/webarchives/20060224042032/http://www.forces.gc.ca/cmj/photos2_e.asp?img=eggleton
"Judges Swearing in ceremony"; Lieutenant-Colonel Ménard is first
left, back row
Source
of image: cba.org/CBA/Judges_Forum/pdf/voxjune2003.pdf,
accessed 31 October 2015
"Military judges: Lieutenant Colonel Alain Ménard ((back),
and left to right, Commander Jim Price, Lieutenant Colonel
Mario Dutil, Colonel Kim Carter."
___________Notes on LCol Ménard:
Biography - Lieutenant-Colonel Alain
Ménard
Lieutenant-Colonel Ménard was born in Joliette, Québec. He
obtained his Bachelor of Arts degree from the University of
Montréal and his Law degree at
Sherbrooke University in 1971. Admitted to the practice of law
in 1972 he has been a member of the Québec Bar ever since.
Lieutenant-Colonel Ménard practised law for 4 years in
private practice before he enrolled in the CF in August
1976. After being commissioned he served
initially in Ottawa in the Claims section and in the
Legislation, Regulations, Orders and Finance section.
Promoted to the rank of major in 1980, he was appointed
Deputy Judge Advocate, CFB Montréal (St-Hubert) until 1982
when he joined the Office of the
Senior Legal Adviser Europe in Lahr, FRG, until 1986.
In July 1986 he was posted to the Defence and Training
section in Ottawa until March 1987, at which date he was
posted to the Legislation, Regulations,
Orders and Finance section.
Promoted to the rank of Lieutenant-Colonel on the 1st of
August 1988 he was appointed Director of Law/Pensions and
Estate in Ottawa for a period of one year.
Le lieutenant-colonel Ménard est né à Joliette (Qc). Il a
fait son cours classique au Séminaire de Joliette et son
cours universitaire à Sherbrooke (Qc) où il
obtint une licence en droit en 1971. Il fut admis à la
pratique du droit en 1972 et est membre en règle du Barreau
du Québec depuis lors.
Le lieutenant-colonel Ménard a pratiqué le droit pendant
une période de 4 ans dans un bureau de pratique privée et
s'est par la suite enrôlé dans les Forces
canadiennes en août 1976. Une fois son brevet d'officier
obtenu, il travaille au cabinet du Juge-avocat général à
Ottawa à la section des réclamations de
même qu'à celle des lois, règlements, ordonnances et
finances.
Promu major en 1980, il occupe le poste d'adjoint au
juge-avocat à la BFC Montréal (St-Hubert) jusqu'en 1982 d'où
il est muté au bureau du conseiller
juridique supérieur en Europe, à Lahr, en RFA jusqu'en 1986.
En juillet 1986, il est affecté à Ottawa à la section de
défense et formation jusqu'en mars 1987 alors qu'il est muté
à la section de législation, règlements,
ordonnances et finances.
Promu lieutenant-colonel le 1er août 1988, il occupe le
poste de Directeur juridique, Pensions et successions à
Ottawa pendant un an.
___________sur le Lieutenant-colonel Alain Ménard, président
de la cour martiale de Richard Boivin, voir LEMIEUX, Louise, "Procès
de Richard Boivin: Les cassettes détruites ne nuiront pas à la
défense. affirme le juge", Le soleil, 28 novembre 1996,
Cahier A, à la p. 1; disponible à http://collections.banq.qc.ca/ark:/52327/2736394
(consulté le 25 mai 2019);
___________sur le Lieutenant-colonel Alain Ménard, juge-avocat au
deuxième procès de l'ancien caporal trouvé coupable de meurtre de
William John Clapp à Lahr, voir LAFERRIÈRE, Michèle, "L'ancien
caporal Deneault connaîtra son sort sous peu", Le soleil, 25
octobre 1994, cahier A, p. 2; disponible à http://collections.banq.qc.ca/ark:/52327/2909814
(consulté le 13 juin 2019); le procureur de la poursuite est le
Lieutenant Benoît Pinsonneault et l'avocat de la défense, Me Jean
Asselin; éventuellemnt condamné à l'emprisonnement sans possibilité
de libération conditionnelle pour 12 ans;
[ Pour aller plus loin:
Source: image search with Google
Le juge Lawrence Poitras
Il y eut un 2e appel à la cour d'appel des cours martiales
et le verdict de meurtre fut changé à celui d'homicide
involontaire et la peine réduite, voir
Richard Hénault, "Homicide d'un jene canadien en Allemagne:
Réduction de la peine du militaire Deneault", Le soleil,
2 février 1996, à la p. 5, disponible à http://collections.banq.qc.ca/ark:/52327/2734870,
consulté le 13 juin 2019]
Voir la décision de la Cour d'appel des cours martiales à R.
v. Denault, 1996 CanLII 12043 (CMAC), <http://canlii.ca/t/ggpqd>
The first appeal of Deneault to the Court martial appeal
court is also reported at R. v. Walsh, 1993 CanLII 8749
(CMAC), <http://canlii.ca/t/ggppv>]
MENZIES, Adam (Adam Clayton Joseph), Captain, member of the Law
Society of Ontario and member of the OJAG:
[20
February 2020] Captain Adam Menzies, one of our Legal
Advisors from AJAG Central, gave his full attention to
UNIFIED
RESOLVE III, a simulation training exercise designed to
test leaders’
planning and decision-making with government partners
and allied forces.
Photo: Pte Kingerski
Source
de l'image: Google image et aussi image à la page web citée
immédiatement sous-dessous
Noémi Mercier
____________ "La justice militaire canadienne n’est pas
indépendante» Dans une entrevue exclusive, le grand
responsable de la justice militaire du Royaume-Uni déplore le
manque d’indépendance et d’impartialité de l’appareil de justice
des Forces canadiennes", L'actualité, 18 janvier
2016; disponible à http://www.lactualite.com/societe/la-justice-militaire-canadienne-nest-pas-independante/
(vérifié 20 Janvier 2016);
Ainsi, les Forces canadiennes conservent toute leur
latitude pour juger non seulement les manquements
disciplinaires de leurs membres
(comme l’insubordination ou l’absence sans permission),
mais aussi leurs crimes, sans devoir consulter les
autorités civiles. Et ce,
quelles que soient les circonstances. Que le soldat ait
commis son infraction alors qu’il était en devoir ou
non, que l’incident se soit
produit sur une base militaire ou en dehors, que la
victime soit militaire ou civile, peu importe, tranche
la Cour suprême: le procès
peut se dérouler dans une cour martiale, dans ce régime
opaque où tous les acteurs, du juge au sténographe en
passant par les
procureurs et les jurés, sont militaires.
Tout le flou qui pouvait encore planer sur ce point
vient de s’envoler. «On a perdu sur toute la ligne»,
admet le Capitaine de corvette
Mark Létourneau, l’un des avocats militaires qui ont
plaidé cette cause devant la Cour suprême. Joint au
téléphone à son bureau de
Gatineau, quelques heures après le dévoilement du
jugement, il était sonné par l’ampleur de la défaite.
«Les assises constitutionnelles
du système de justice militaire sont pas mal plus
fortes aujourd’hui qu’hier.»
MERCIER, Noémi et Alec Castonguay, "Crimes sexuels: le cancer qui
ronge l'armée", L'Actualité, 22 avril 2014;
former lawyer with the OJAG
MERREDEW, Russell, on, see Doran, Carol, "Criminal court judges
want better salary, benefits. Merredew says asociation will
recommend changes to province", The Ottawa Citizen, 20
June 1988, available at https://www.newspapers.com/image/
(accessed 15 May 2020);
Pembroke -- The newly-elected president
of the Association of
Provincial Criminal Court Judges is calling for higher
salaries and
improved benefits, to give its 150 members parity with
district court
judges.
Renfrew County provincial court Judge
Russell Merredew, 56, was
elected association president at the group's annual
meeting at the end
of May.
....
Merredew began his career as a military
lawyer at CFB Petawawa in
1956 and joined a civilian law firm in Pembrooke in
1960. He formed his
own law firm in 1969, and continued in private practice
until named to
the provincial court bench in 1977.
Marco
Morin, un avocat de Victoriaville et lieutenant-colonel à
la retraite, a souvent plaidé en cour martiale, lui qui a
exercé le droit dans les Forces pendant
une vingtaine d’années, dans les années 1990 et 2000.
« Ce système de justice n’en est pas un, dit-il. La
cour martiale est excellente pour rendre une justice
expéditive dans des cas d’infractions à caractère purement
militaire. Mais dans des causes d’agressions sexuelles,
elle n’a pas les mêmes outils que les tribunaux
civils pour apprécier la gravité de la situation et rendre
des ordonnances appropriées. Pourquoi donner cette
juridiction à la cour martiale? Les agressions sexuelles
sont des crimes contre la personne qui dépassent toujours
l’intérêt des Forces canadiennes à maintenir la discipline
interne. »
------
____________"Our military disgrace: An investigation uncovers the
sexual violence plaguing our soldiers -- and a military hierarchy
with its own justice system, and its own rules", Maclean's,
16 May 2014; available at http://www.macleans.ca/news/canada/our-militarys-disgrace/
(accessed on 6 November 2014); on the photo, right, Major
Edmund Thomas, defence
counsel;
MERON, Theodor, "Civil Jurisdiction of Canadian Courts over
United States Military Personnel in Canada", (January 1957) 12(1)
The University of Toronto Law Journal 67-78;
MERRITT, Charles Ceci Ingersoll (C.C.I.),
1908-2000, on, "Nonchalant Lawyer-Soldier is First Canadian to
Gain Highest Empire Decoration. Lieut.-Col. C.C.I. Merritt,
of Vancouver and Belleville, Awarded Victoria Cross for Heroism in
Face of German Fire", Hamilton Spectator, 1942/10/02,
available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5026214
(accessed 3 June 2019); was also a member of Parliament; not a
member of the OJAG;
MERRITT, William Hamilton, 1855-1918, The old militia law of Canada: the new militia laws of
Australia and New Zealand and Lord Kirchener's report / by
Lieut.-Col. Wm. Hamilton Merritt, [S.l. : s.n., 1910?],
pp. [19]-58 ; 22 cm., Notes: "Read before the Canadian
Military Institute at Toronto, on Monday evening, 21st November,
1910" and "Donation of Sylvia and Bernard Ostry, 1985"
(source: University of Ottawa catalogue); copy at University of
Ottawa, Archives Ostry -- MRT Concourse, KE 6800 .M48 1910;
available at https://archive.org/details/oldmilitialawofc00merr,
accessed 12 May 2015; also available at https://archive.org/details/cihm_80696
(accessed 9 March 2019);
MERTZ, Emily and Amy Wilson, "Military Traditions and Laws as
Exercised in the Framework Created by Canadian Social
Legislation", submitted to the Canadian Forces Leadership
Institute, August 14, 2002, 57 p.;
Notice Description
Task-Based Informatics Professional Services (TBIPS)
Requirement
This requirment is for: Department of National Defence
....
Description of the requirement:
The Judge Advocate General Comprehensive Information
Management Project (JAG CIMP) within the Department of
National Defence is providing a JAGNet portal for Legal
Knowledge Management (LKM). LKM will give JAG users access
to legal information stored within the records of the Office
of the JAG, the corporate knowledge of its legal officers
and the numerous legal information sources available
throughout Canada and the world. Such access is made
possible through application integration, collaboration and
portal creation features provided by Microsoft Office
SharePoint Server.
Source
de l'image:
http://www.1837.qc.ca/1837.pl?out=article&pno=1071, consulté
le 28 décembre 2018
MESSIER, Alain, 1949-, Dictionnaire encyclopédique et
historique des patriotes 1837-1838, Montréal: Guérin,
2002, xciii, 497 p. : cartes, fac-sim. ; 24 cm, NOTES:
Comprend des réf. bibliogr.: p. 487-492, ISBN: 2760163458;
source
photo: journalacces.ca/sur-les-traces-dun-detective/, consulté le
28 décembre 2018
Alain Messier photographié avec un
de ses livres
MESTRAL, Armand de, 1941-, "L'obligation constitutionnelle de
respecter les conventions de Genève : quelques réflexions sur la
place du droit humanitaire en droit canadien" dans Mélanges Gérald-A. Beaudoin,
Cowansville
(Québec): Les Éditions Yvon Blais, 2002, pp. 155-162;
___________on Meyer, Kurt, see GORDON, Donald R., "He
Wants to Be a Soldier Again: Kurt Meyer Now Has Support of
Half-Million Germans", The Globe and Mail, 30 June 1960;
Kurt Meyer on the Russian front; photo
reproduced from Bob Carruthers and John Erickson, The Russian
Front 1941-1945, London: Cassell, 1999,
xi, 196 p., at p. 77, ISBN: 0-304-353728.
___________on Meyer,
Kurt, see HOW, Douglas, "Almost Free This Year, SS Says", The
Globe and Mail, 30 November 1951, at p. 1:
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 26 October 2018
____________on MEYER, Kurt, see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa
: Office of the Judge Advocate General, c2002, at pages 63-66,
available at i-xii
and 1-102;
MGBEOJI, Ikechi, Course and Seminar, "Law of War", Osgoode Hall Law
School--York University;
Law of War
Was NATO’s military intervention in Libya legal? What
about Afghanistan? Or the imprisonment of America’s
detainees
in Guantánamo Bay, Cuba? What is the legal status of
killing by drones? What happens to people who commit war
crimes?
What are the remedies for an illegal war? This seminar
examines the international law governing war, including
both
questions of when war is legal (so-called ‘jus ad
bellum’) and how even legal wars must be conducted
(so-called ‘jus in bello’
or the laws and customs of war) and the relationship
between the two types of law. It also examines the
various judicial institutions
that have jurisdiction over these issues, from the World
Court, to the ad hoc tribunals (Yugoslavia, Rwanda,
Sierra Leone), to
national courts exercising ‘universal jurisdiction’
(Belgium, Canada), to the new International Criminal
Court.
Case studies on the armed conflicts over Kosovo, in
Afghanistan, Iraq and Libya, and between Israel and the
Palestinians, provide
the settings for concrete legal analysis and also for
critical evaluation of the role of law in war.
Ikechi
Mgbeoji, image source: http://www.osgoode.yorku.ca/faculty-and-staff/mgbeoji-ikechi/,
accessed 26 December 2014
MGBEOJI, Ikechi,
___________“Prophylactic Use of Force in International Law:
The Illegitimacy of Canada’s Participation in ‘Coalitions of the
Willing’ Without United Nations Authorization and Parliamentary
Sanction” (2003) 8(2) Review of
Constitutional Studies 170-202; available at http://www.law.ualberta.ca/centres/ccs/uploads/Review8.2.pdf
(accessed
on 8 May 2012);
___________"Reluctant Warrior Enthusiastic Peacekeeper: Domestic
Legal Regulation of Canadian Participation in Armed Conflicts”
(2005) 14(2) Constitutional Forum 7-17; available at http://digitalcommons.osgoode.yorku.ca/scholarly_works/717/
(accessed 2 June 2016);
MICHAUD, Kathy, Sarah Powers and Chantale Lussier-Ley, Survey on the summary trial process,
[Ottawa, Ont.] : Director General Military Personnel Research
& Analysis, 2009, xviii, 184 p.; xviii, 184 p. (series; DGMPRA
technical note; 2009-22),
Summary
Administered yearly, the Survey on the Summary Trial Process
supports the Judge Advocate General’s requirement to conduct
annual reviews
of the administration of military justice. Since 2007, this survey
has been administered by the Directory of Military Personnel
Operational
Research and Analysis (DMPORA) on behalf of the Directorate of
Law/Military Justice Policy and Research. In 2009, 423 responses
were
collected from those accused, Assisting Officers (A)s), Presiding
Officers (POs), Commanding Officers (Cos), Review Authorities
(RAs) and
Charging Authorities (CAs) involved in the summary trials (ST)
process in the 2008/09 fiscal year. Consistent with previous
years, respondents
of the survey were generally satisfied with the summary trial
process, regardless of the role they played in the process. – p. i
[Source: http://ares.cfc.forces.gc.ca/rooms/portal/media-type/html/language/en/country/US/user/anon/page/Sirsi_AdvancedCatalogSearch,
accessed on 1 December 2011]
MIDDLEMIS, Dan D., P. Haydon, ‘Uncivil relations?
Military-media relations in Canada. Paper presented to the
Security and Defence Forum’ (Ottawa, 29 april 1998)title noted in
my research but article not consulted yet (25 August 2019);.
MIGNEAULT, Jenny, "Un ancien 22 au front… (de bœuf)",
45E NORD.CA", 31 octobre 2017;
disponible à http://www.45enord.ca/2017/10/un-ancien-22-au-front-de-boeuf/
(vérifié le 6 avril 2019);voir la décision de la Cour d'appel du
Québec à Dufour c. Agence du revenu du Québec, 2017 QCCA 1409
(CanLII), <http://canlii.ca/t/hnqqz> (consulté le 30 juillet
2018);
Image
source: https://twitter.com/cbcterry, accessed 18 August 2016
Terry Milewski
MILEWSKI, Terry, "Inside Canada's bombing bureaucracy", CBC News, 5
March 2016, available at cbc.ca/news/politics/cf18-bombing-forms-milewski-1.3476675
(accessed 6 March 2016);
Pity the military bureaucrat, buried in acronyms.
Even the most intrepid clerk may remember his ROE and STD
but forget to check
his TSS/TEA with a LEGAD from the OJAG. It can
happen to anyone.
....
For that, you'll need a LEGAD from the OJAG. You guessed it:
a legal adviser from the Office of the Judge Advocate
General.
....
'The doubt rule'
One of the few paragraphs not riddled with acronyms puts
the pilots on notice: if you're not sure whether it's a
civilian target or a military one, don't drop the bomb.
A section of the FRAG O
guidelines describes the 'doubt rule,' instructing
pilots not to bomb when unsure whether it's a civilian
target or a military one. (Department of National
Defence)
.....
But the document wants to know: Is this bombing
militarily necessary? Is the damage proportional to the
benefits? Has the target been approved by the coalition?
By the
intelligence officer? By the legal adviser? By the
Targeting Engagement Authority?
Defence Department guidelines
show questions to be answered and approvals obtained
for every target during Operation Impact. Canada's
CF-18 pilots flew 1,378
sorties over Iraq and Syria between Oct. 30, 2014, and
Feb. 15, 2016. (Department of National Defence)
Your answer had better be, yes. It's enough to make you
wonder if a LEGAD clings to every falling bomb,
taking notes for the mandatory post-bombing reports.
[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
Military Judges Inquiry Committee, established in
accordance with section 165.31 of the National Defence
Act, reviewed a complaint against
the Chief Military Judge Mario Dutil. The complaint
was made by Colonel Bruce J Wakeham.
The
complaint concerned allegations of infringement to the
Defence Administrative Order and Directives (DAOD)
5019-1, Personal Relationships
and Fraternization. After considering all the issues
in this case, the complaint was dismissed on the basis
that it did not raise any issue of
judicial conduct as referred to in subsection
165.32(7) of the National Defence
Act and therefore did not warrant consideration
by the Military
Judges Inquiry Committee.
Subsection 165.21(1) of the National Defence Act provides
that the Governor in Council may appoint officers who are
barristers or advocates of at least ten years standing
at the bar of a province to be military judges. To ensure
that competent and deserving officers are recommended for
military judicial appointments the Minister, in consultation
with the Office of the Commissioner of Federal Judicial
Affairs and the Minister of Justice, developed and
implemented an evaluation and selection process that is
consistent
with the Federal Judicial Appointment process. The Office of
the Commissioner of Federal Judicial Affairs administers and
supports the process.
Military Judges Selection Committee
The military judges selection process provides for the
assessment of candidates by an advisory committee, known as
the Military Judges Selection Committee (MJSC).
The MJSC, appointed by the Minister of National Defence is
representative of the bench, the civilian bar and the
military community. It is composed of:
a lawyer or judge nominated by the Judge Advocate
General (JAG);
a civilian lawyer nominated by the Canadian Bar
Association;
a civilian judge nominated by the Chief Military Judge;
an officer of the Canadian Forces, holding the rank of
Major-General or higher, nominated by the Chief of the
Defence Staff; and;
a non-commissioned member of the rank of Chief Warrant
Officer or equivalent nominated by the Chief of the
Defence Staff.
Candidate Assessments
Those interested in being considered for a military judicial
appointment place their names before the MJSC. The MJSC
assesses all candidates based upon a list
of identified criteria relating to:
professional competence and experience;
personal characteristics such as honesty and integrity;
social awareness; and
potential impediments to appointment such as an
inability to meet Canadian Forces medical and physical
fitness requirements.
All Committee proceedings and consultations take place
on a confidential basis.
Upon the completion of a candidate's assessment, the
MJSC is asked to place the candidate into one of three
possible assessment categories:
recommended;
highly recommended; or
unable to recommend.
Reporting
Once the MJSC has completed its assessment of a
candidate, the assessment is forwarded to the Minister
of National Defence. The Minister of National Defence is
ultimately responsible for recommending candidates to
the Governor in Council.
CONCLUSION
The Government of Canada and the Minister of National
Defence are committed to ensuring the appointment of
qualified and deserving candidates to the military
judiciary. The evaluation and selection process
implemented by the Minister ensures this occurs and
contributes to the strengthening of the Canadian Forces
as a national institution.
* The full text of the Military Judges
Selection Process is available on request [emphasis
added]
JAG Court reporters, 1981, photo reproduced from the book: McDONALD,
R. Arthur, (Ronald Arthur), Canada's Military Lawyers, Ottawa : Office of the Judge
Advocate General, c2002, at p. 111, available at pp. 103-242.
Military justice and court reporters", (11 May 2011) The
Maple Leaf--La feuille d'érable 7; aussi en français à la
meme page: "La justice militaire et les sténpgraphes judiciaires";
available at http://publications.gc.ca/collections/collection_2011/dn-nd/D12-7-14-16.pdf
(accessed 11 September 2016);
"Military Justice - Too Little, Too Late", (shipped October
1998) volume 6, issue 9, Esprit de Corps, pp. 5 and
11; the article deals mostly about General Gerry Pitzul, the Judge
Advocate General of the Canadian Forces;
LEGAL
ADVICE
155. In their complaint before this Commission, the
Fynes specifically refer to the role
of CF legal advisors and allege they participated in
influencing the CFNIS’ decisions, in
particular about their contacts with the complainants
particular about their contacts with the complainants.277
156. The basic issue raised by this allegation is
whether consultation by the CFNIS of
egal advisors who are members of the CF, and who answer to
a CoC separate
from the Military Police’s, raises issues about
independence.
157. As Prof Roach explained, if the advice is obtained
from military or civilian
prosecutors, no concerns are raised since these actors
have duties to uphold the rule of
law similar to the police’s duties.278 If advice was
sought from CF legal advisors who are
not prosecutors or from DOJ counsel representing the
interests of the Government,
independence issues could arise, depending on the content
of the advice.279
158. There is very little evidence before this Commission
about specific legal advice
received
by the CFNIS in connection with the issues raised in the
Fynes’ complaint.280
Because of solicitor-client privilege, it cannot be
known exactly what advice was
obtained and from whom.281 However, the evidence
has shown the general practice
followed
by the CFNIS is to obtain legal advice from military
prosecutors or from its
embedded
legal advisor, who is also a member of the JAG’s
Director of Military
Prosecutions.282 There is no indication any
derogation from this practice took place in
this
case. Based on the evidence available, it does not
appear any independence concerns
arise
as a result of any legal advice sought or obtained by
the CFNIS.
[p. 871]
....
277 See Exhibit P-6, Collection F,
vol. 1, tab 5, doc. 1151, Allegation 13, pp. 2-3.
278 See Exhibit P-176, doc. 1435, pp. 49-51; Testimony
of Prof Roach, Transcript of Proceedings, vol. 60, 9
October 2012, pp. 27-28 and 30-32.
279 Exhibit P-176, doc. 1435, pp. 51-52; Testimony of
Prof Roach, Transcript of Proceedings, vol. 60, 9
October 2012, pp. 28-30 and 32.
280 See Exhibit P-5, Collection E, vol. 1, tab 1, doc.
1131, p. 18; Testimony of LCol Sansterre, Transcript
of
Proceedings, vol. 61, 10 October 2012, p. 165. See,
generally, Section 4.4, The 2010 Criminal Negligence
Investigation.
281See, generally, Section 2.0, The Hearing Process.
282 See Testimony of LCol Delaney, Transcript of
Proceedings, vol. 15, 25 April 2012, pp. 21, 115 and
146-
152; Testimony of Col Lander, Transcript of
Proceedings, vol. 43, 6 September 2012, pp. 301-302;
Testimony of Maj Bolduc, Transcript
of Proceedings, vol. 33, 12 June 2012, pp. 200-203
[Translation];
Testimony of Maj Bolduc, Transcript of Proceedings,
vol. 34, 13 June 2012, pp. 1-5 and 95-98
[Translation]; Testimony of LCol Sansterre, Transcript
of Proceedings, vol. 61, 10 October 2012, pp. 10-11
and 220; Exhibit P-6, Collection F, vol. 3, tab 3,
doc. 1317, pp. 17-27.
[p. 890]
MILITARY POLICE COMPLAINTS COMMISSION, Chairperson's Final
Report -- Following a Public Interest Investigation Pursuant to
Subsection 250.38(1) of the National Defence Act With Respect to
the Complaints of Brigadier-General Patricia Samson Canadian
Forces Provost Marshall And Ex-Warrant Officer Matthew Stopford,
Ottawa: Military Police Commission, Ottawa: 17 January 2001,
80 p., files: MPCC 2000-023 and MPCC 2000-025 (Chairperson: Louise
Cobetto); available at http://www.collectionscanada.gc.ca/webarchives/20071115030212/http://www.mpcc-cppm.gc.ca/300/319_e.aspx
(accessed on 26 February 2012);
FRANÇAIS :
COMMISSION D'EXAMEN DES PLAINTES CONCERNANT LA POLICE MILITAIRE, Rapport
final
de la Présidente consécutivement à une enquête d'intérêt public
en vertu du paragraphe 250.38(1) de la Loi sur la défense
nationale à l'égard des plaintes du brigadier-général Patricia
Samson, Grand prévôt des Forces canadiennes et de l'ex-adjudant
Matthew Stopford, Ottawa: Commission d'examen des plaintes
concernant la police militaire, 17 janvier 2001, 83 p., dossiers:
CPPM 2000-023 et CPPM 2000-025 (Présidente: Louise Cobetto);
disponible à http://www.collectionscanada.gc.ca/webarchives/20071115034033/http://www.mpcc-cppm.gc.ca/300/319_f.aspx
(vérifié le 26 février 2012);
During the course of a Court Martial proceeding, a
Military Defence Counsel
became aware that a Military Police member had signed and
postdated a Record
of Disciplinary Proceedings, which was to be served on the
accused. Following the
court martial a conduct complaint was lodged alleging that
by postdating the Record
of Disciplinary Proceedings the Military Police member
undermined the Charter rights
of the accused and by willfully or negligently making a
false statement in an official
document he breached the National Defence Act and the
Military Police Professional Code of
Conduct.
In the military justice system a charge is considered to
have been laid when it is set
down in writing in a Record of Disciplinary Proceedings.
In this instance, the date on
which the charge was laid is significant as defence
counsel was arguing for a stay of
proceedings under section 11(b) of the Canadian Charter of Rights and Freedoms
which
guarantees an accused the right to be tried within a
reasonable time.
MILITIA COUNCIL, THE, research notes as the Judge Advocate
General was part of it for a while;
Miltia List, The, Department of Militia and Defence, copy
of various years at the Canadian War Museum Library, UA 600.3 A2;
-
image
source: https://twitter.com/millarslaw, accessed 20 August 2016
Philip Millar
MILLAR, Phillip, Anonymous author, article on Phillip Millar,
"Phillip Millar Tackles Sexual Assault at CBA Military
Conference", Millars Law: A Professional Corporation Web site, 17
June 2016; available at http://millarslaw.com/2016/06/17/phillip-millar-tackles-sexual-assault-at-cba-military-conference/
(accessed 20 August 2016);
On June 2, 2016, the annual Canadian Bar Association’s
Military Law Conference was held in Ottawa.
.....
Phillip went on to state that once a complaint is made,
serving soldiers can be laid and a court martial held, but
afterwards they cannot sue their employer. Essentially,
they are denied the civil remedy most civilians have
available
to them to seek damages and receive justice. In addition,
Phillip addressed the fact that lawyers who represent
the
Department of National Defence in civil suits do not
reflect the internal policies of the Chain of Command when
it
comes to treating victims with respect. He brought up the
example of one case in which lawyers for the defence
described a sexual assault as a simple breast groping,
thereby showing a lack of understanding of the nature
of what
a sexual assault constitutes and the power dynamics
involved.
___________Cultural awareness and Canadian Forces' Peace
Support Operations, MA thesis, Conflict Analysis and
Resolution, Royal Roads University, 2003, advisor:
Hugh Landerkin;note: talked to Mr. Millar on
the telephone about his thesis on 12 October 2018;
MILLER, Eric M., Major, on "Miller back in practice", The
Leader-Post, Regina, Saturday, 11 August 1945 at p. 3,
available at https://www.newspapers.com/image/...., accessed 25
June 2020;
Avocate, Suneeta Millington travaille comme agente du
service extérieur pour Affaires mondiales Canada et se
spécialise en droit international et en
sécurité internationale. Outre les nombreux postes qu’elle
a occupés à la Direction générale des affaires juridiques
et à la Direction des politiques
stratégiques, sa carrière l’a amenée à travailler à New
York et à Genève pour l’Organisation des Nations Unies,
ainsi qu’en tant observatrice du
gouvernement canadien à la commission militaire de
Guantanamo; elle a également travaillé pour le Cabinet du
Juge-avocat général des forces
canadiennes durant plusieurs années, dans le cadre
d’un échange de postes. Elle possède une vaste expérience
en négociations multilatérales,
et a représenté le Canada dans le cadre de nombreuses
négociations de traités internationaux.
Mme Millington fait énormément de
bénévolat dans la collectivité; elle est l’ancienne
vice-présidente d’Action Côte-de-Sable, siège actuellement
au comité du Club Southam du Centre national des Arts et
est cofondatrice et présidente de l’initiative de L’Allée
des premiers ministres. Elle
demeure dans Ottawa-Centre avec son mari et ses trois
enfants.
----
[The following looks like the English version of the
above:]
Suneeta Millington
Suneeta
Millington is a lawyer and Foreign Service Officer with
Global Affairs Canada specializing
in international law and international
security. In addition to multiple positions
within the Legal Affairs
Bureau and the Strategic Policy
Branch, her career has spanned postings to the United
Nations
in New York and Geneva, an
assignment as the Canadian Government Observer to the
Guantanamo
Bay Military Commission Proceedings
and a multi-year exchange with the Office of the Judge Advocate
Generalinthe Canadian Armed Forces. She has
extensive multilateral negotiating
experienceand represented Canada on numerous international treaty delegations.
Suneeta is an active community
volunteer; she is theformer Vice-President of Action Sandy Hill, and
she currently serves on the National Arts
Centre’s Southam Club Committee and as Co-Founder and
Chair of the Prime Ministers’ Row initiative. She lives in central Ottawa with her
husband and three
children.
[source: http://www.lowertown-basseville.ca/uploads/4/2/5/9/42591915/biographies_msc_board_members_en.pdf,
accessed 22 August 2020]
MILLS, A.V. Lenox, 1918-2010, lawyer, served with the JAG during
World War II, see "Deaths-- Mills, V. Lenox", The
Gazette Montreal, 4 October 2010, p. 10
MILLS, A.V. Lennox 1918 - 2010 On October 1, 2010
at the age of ninety-one years. In Thornhill Ontario. Born
in Ottawa,
the oldest son of the late Arthur L.S & Georgina Mills,
brother of the late G.H Stanley (Sandy) Mills, and beloved
husband
of 63 years of the late N. Elspeth Mills (Maclean) of
Thunder Bay , Ontario, who predeceased him in 2003. He is
survived
by three children, Victor, Katharine and David (Lauri) and
four grandsons, Tim & Duncan Johnson, Blair & Brian
Mills.
Lennox spent most of his life in Montreal. He was educated
at Selwyn House School, Trinity College School, Bishops
University, Merton College Oxford, and McGill University
from which he graduated with a degree in law, becoming a
member
of the Quebec Bar. He then served as an officer with the
Canadian Black Watch in Northern Europe where he was wounded
at
Woensdrecht, Holland and returned to England. He also served
in the JudgeAdvocateGenerals Dept. for over a year. On
returning to Canada, instead of practicing law, he joined
the Royal Trust Co. in Montreal holding a number of
positions,
ending up as Corporate Secretary and retiring at the age of
sixty. Most summers were spent at Metis-sur-Mer (Metis
Beach)
Que. with his family, where he was a keen golfer. In
Montreal , he was a member of the Royal Montreal Golf Club,
and for
a time was the Golf Captain at that club. Funeral
Arrangements are private. Memorial donations may be made to
the charity
of your choice. He will be laid to rest at Metis Beach.
Published in the Montreal Gazette from 10/2/2010 -
10/4/2010.
[Copyright CanWest Digital Media Oct 4, 2010]
MILLS, Bryan, lawyer, Captain, member of the OJAG, reserve force;
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;
Image
source:
pressreader.com/canada/edmonton-journal/20111008/285898794515076,
accessed 20 December 2017
Mark Minenko
MINENKO, Mark, 1957-, Private
Military Companies: Their Role in the Continuum of Conflict,
University of Alberta, 2003, [viii], 278 leaves ; 29 cm; A thesis
submitted to the Faculty of Graduate Studies and Research in
partial fulfillment of the requirements for the degree of Master
of Laws, Faculty of Law, Edmonton, Alberta, Fall, 2003. Thesis
(LL.M)--University of Alberta, 2003; advisor: G. Gall;
Summary
Changes in global security issues have resulted in
increasing amounts of intrastate conflict. Alleviating the
human suffering which these
conflicts bring requires quick reaction which the United
Nations preventive process has not been able to meet. A
review of the record of
various UN peacekeeping and regional rapid reaction forces
indicates that not only have these alternatives not relieved
human suffering,
but that these forces have negatively contributed to the
conflict they are meant to resolve. This thesis argues that
there are no stated legal
impediments to the introduction of Private Military
Companies into the continuum of conflict. The thesis also
looks at a number of issues
related to the UN Secretary-General and his ability to
interpret his role and concludes that the Secretary-General
of the UN has sufficient
authority to outsource the immediate reaction to conflict
and hire Private Military Companies.
(source: http://sunzi.lib.hku.hk/ER/detail/hkul/3076435,
accessed 18 August 2016)
MINGO, Ian, "Law Clerk, Office of the Legal Advisor to the
Department of National Defence and the Canadian Forces, January
2013--April 2013 (4 months), Ottawa", available at https://ca.linkedin.com/pub/ian-mingo/45/860/942,
accessed on 1 December 2014;
Law Clerk
Office of the Legal Advisor to the
Department of National Defence and the Canadian Forces
– (4 months) Ottawa
Provided administrative support to the
Director of Claims and Civil Litigation,
Counsel and paralegals: coordinated meetings, prepared
briefing binders for the Minister and senior officials
on the status of litigation cases, coordinated travel
arrangements, prepared travel claims and filed litigation
documents;
Scanned, uploaded and retrieved legal documents into iCase for
counsel and paralegals;
Managed the process for ministerial correspondence, access to
Information and privacy requests;
Secured approvals to release funds for litigation cases and
mailed payments;
Delivered documents to the Minister of National Defence and
Deputy Minister for signature;
Responded to inquires on behalf of the Director of Claims and
Civil Litigation;
Liaised with government departments and litigators on civil
litigation files;
Ran reports for the Director using iCase (Time compliance,
Contingent Liability, Legal Risk, Open cases)
Managed project timelines and resources with Microsoft
Project;
Drafted Standard Operating Procedures for the unit
MINISTÈRE DE LA DÉFENSE NATIONALE, "Le choix d'être jugé par
procès sommaire ou devant une cour martiale : guide à l'intention
des accusés et des officiers désignés pour les aider", Ottawa:
Ministère de la défense nationale, 1997, document cité par Paul
Cormier, dans "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 209-262
à la p. 215, note 21;
This
paper explores the issues underlying the Scott v.
Canada veteran class action lawsuit.
In particular it seeks to provide context to these
issues by examining the cultural and legal
structure of the Canadian military, the historic
developments of veteran benefits in Canada,
and the difficulties veterans face navigating the
institutions that disseminate these benefits.
The Scott v. Canada veteran class action lawsuit was
launched against the Federal
Government in 2012, in response to the Canadian Forces
Members and Veterans Re-establishment
and Compensation Act (the “New Veterans Charter”),
which replaced the disability pension
regime for many Canadian Forces Members and veterans
under the Pension Act.
- Veterans Affairs Canada, Minister of Veterans
Affairs Commendation, 2014 Recipient:
William Minnis
Belfast, Prince Edward Island
Mr. Minnis is a Canadian Armed Forces Veteran.
He spearheaded the fundraising, design, and
completion in 2005 of the Service Memorial Fountain
located in Charlottetown. Peacekeepers,
peace officers and firefighters now rally at the fountain
annually for commemorative services.
From 2007 to 2010, Mr. Minnis served as the Honorary
Colonel of the Prince Edward Island
Regiment and has been very active with the Prince Edward
Island Regiment Association,
where he helps to bring together Veterans and their
spouses. Mr. Minnis is a Trustee of the
Princess Patricia’s Canadian Light Infantry Foundation,
which is dedicated to supporting
Veterans and their families, funding research into
rehabilitation for PTSD, and researching
into improving artificial limbs. Mr. Minnis’
participation in this program has involved
mentoring and assisting a number of Veterans of the
Afghanistan War in their return to
civilian life. For the past 16 years, Mr. Minnis has been
on the Board of Directors with the
Army Cadet League of Canada serving both nationally and
provincially and as well, he serves
as a Governor with the Canadian Corps of Commissionaires.
[source: blatherwick.net/documents/Canadian%20Meritorious%20Service%20Decorations%20Citations/03a% 20MSM%20%28Medal%29%20Military%20Citations%201992%20to%202002.pdf,
accessed 1 April 2020]
Letter from MGen Blaise Cathcart, Judge Advocate
General, to
the Honourable Mr. Justice Edmond P. Blanchard,
Chief Justice,
Court Martial Appeal Court of Canada, 4 November
2011.
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
Letter from the Honourable Mr. Justice Edmond P.
Blanchard, to
MGen Blaise Cathcart, Judge Advocate General, 21
November 2011
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
Letter from Justice Létourneau to Chief Justice
Edmond P. Blanchard,
20 December 2011
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: numerique.banq.qc.ca/patrimoine/details/52327/2634240?docsearchtext=jean%20miquelon%20danville,
accessed 9 May 2018
Jean-Miquelon, "fut juge avocat-général outre-mer,
de 1943 à 1947"
MIQUELON, Jean R., 18 avril 1910- 23 Ocobre 1993, Ottawa, former
member of the OJAG;
- research note 1, statement by Right Hon. J. G.
Diefenbaker (Prime Minister), in the House of Commons, Hansard,
30 March 1962
Mr. Speaker, following the traditional course I wish to
announce the appointment of the under secretary
of state and deputy registrar general of Canada in
the person of Mr. Jean Miquelon, Q.C., of Danville
and Montreal. Mr. Miquelon studied law at Laval
University and was admitted to the bar of the province
of Quebec in 1934. He joined the Canadian army in 1941,
following a period of service as crown prosecutor
in Val d'Or. He spent several years overseas and became
deputy judge advocate general of the Canadian army
occupation force in Germany; returned to Canada with the
rank of major and resumed legal practice in
Montreal. Mr. Miquelon served as the Quebec
representative on the dominion command of the Royal
Canadian
Legion from 1955 to 1960, and in the latter year was
elected vice-chairman of the Legion's dominion command.
He is recognized as a distinguished member of the bar,
and the government is pleased that a man of his capacity
is available to accept this appointment.
[source:
https://www.lipad.ca/full/1962/03/30/1/#2167317,
accessed on 9 May 2018]
- research note 2:
Le Soleil, mardi le 26 octobre 1993
source: http://collections.banq.qc.ca/ark:/52327/2734334
Pressing (and holding) the Ctrl
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Description: Our Canadian Military also has its own
legal system. Just like television, the Canadian Forces
has an
office of the Judge Advocate General. The JAG website
(http://www.forces.gc.ca/jag/ welcome_e.html) reports on
the
duties of this office: The key duties and functions of
the office of the JAG are defined by Canadian law. A key
responsibility of the JAG, as defined by Canadian law, is the supervision of
the offices of the prosecution and defence.
Canadian militarylaw, including the military system of justice,
is a component of Canadian law
and subject to the
Canadian Charter of Rights and Freedoms. Another
important component to military
legal structure is the Office of
the Chief Military
Judge. This office also has its own website at
http://www.forces.gc.ca/cmj/intro_e.asp The website
describes the role of the military
judge as follows: *provide military
judges to preside at courts martial and perform
other judicial duties under the National Defence Act *
administer the convening of courts martial, the
appointment
of members of General and Disciplinary Courts Martial,
and the provision of court reporting services and
transcription
of the proceedings of courts martial and other judicial
hearings * appoint military judges as boards of inquiry
(with
the concurrence of the Chief Military Judge) A recent
example of a Board of Inquiry appointed by the Office of
the
Chief Military Judge is Tarnak Farm 2002. This board was
gathered to investigate the injury and death of Canadian
Forces personnel during live fire training at or near
Kandahar, Afghanistan on 17/18 of April, 2002. The
Canadian
answer is Quicklaw! Subscribers to Quicklaw can access
decisions reported in the Court Martial Appeal Reports
from 1978 to 1994, plus decisions reported by Quicklaw
since 1975. Summaries of recent Court Martial Appeals
and Court Martial decisions can be accessed through the
JAG website above.
[source: http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?fn=search&ct=search&initialSearch=true& mode=Basic&tab=default_tab&indx=1&dum=true&srt=rank&vid=01LOC&frbg=&fctN=facet_domain&fctN=facet_searchcreationdate&fctV =ProQuest+Central+%28new%29&fctV=%5B1995+TO+2015%5D&vl%28freeText0%29=%22military+law+Canada%22&scp.scps=primo _central_multiple_fe,
accessed 12 October 2018]
Colonel Alan ("Al") Mitchell -- the SLAE (Senior Legal Advisor
Europe) and Mrs. Gertrud Graham, Lahr, Federal Republic of
Germany, circa 1981-1982 (photo taken by François
Lareau)
__________on MITCHELL, Colonel Allen, see McDONALD, R.
Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at p. 128,
available at 103-242;
__________on MITCHELL, Allen, I, François Lareau, heard on 1 April
2020 that Al lives in Ottawa with his wife;
MITCHELL, Allison, lawyer and diplomat at Global Affairs Canada:
Week 1, with Law 670
Ms. Alison Mitchell is a lawyer
and diplomat at Global Affairs Canada.
She is specialized in the law of armed
conflict, international human
rights law, international criminal law, targeted
sanctions, and the law
of the sea. She is currently the deputy director of the
Polar and Nordic
Relations Division in
Ottawa. Since joining the department in 2006,
Ms. Mitchell has had assignments to Canada’s
embassy in Washington,
D.C., to NATO in Brussels, to UN Headquarters in New
York, and to the
Provincial Reconstruction Team in Kandahar, Afghanistan.
In 2012-2013,
she spent a year on exchange with the Canadian Armed Forces in the Office of the Judge Advocate General.
She previously served as an
assistant legal officer in the Office of the Prosecutor
at the International Criminal Court in The Hague in 2005-2006 and clerked for Mr. Justice
Marshall Rothstein at the Supreme Court
of Canada in 2007.
Ms. Mitchell received a
B.A. from Queen’s University in 2001, an LL.B. from the
University of Ottawa in 2005, and an
LL.M. in International Legal Studies
from New York University in 2012
[Source: International Law Programs
at the Bader International Study Centre,
International Business Law Program 2020, Instructor
Biographies, Law 673--
Introduction to Public International Law (Economic
Focus), available at law.queensu.ca/sites/default/files/files/BISC/IBL%20Instructors%202020.pdf,
accessed 1 April 2020]
Photo
soyurce: www.cfc.forces.gc.ca/136/285-eng.html, accessed 7 August
2017
Dr. Paul T. Mitchell
MITCHELL, Paul T., "Military Education at Canadian Forces
College", (2017) 17(4) Journal of Military and Strategic
Studies 84-102; available at http://jmss.org/jmss/index.php/jmss/article/view/700
(accessed 7 August 2017);
...the six month National Security Studies
Programme and the three month Advanced Military Studies
Programme (AMSP) morphed
into a single yearlong National Security Programme (NSP). It
has continued with the development of the Advanced Joint
Warfighting
Studies (AJWS) stream to the Joint Command and Staff
Programme (JCSP). (at p. 84)
______________
The NSP emerged out of a decision to amalgamate the two
senior-most professional military education (PME) programmes
in the CAF into
a single, ten-month long programme. As part of that
decision, the curriculum of the former three month long AMSP
had to be both up-dated
and transformed into a thirteen-class course capable of
being accredited as a graduate level course for a Masters of
Public Affairs degree offered
by Royal Military College.4 ...
------ 4 The role of graduate level learning in senior
PME [professional military education] programmes was
mandated by the Minister of National
Defence, the honorable Douglas Young in response to the Blue
Ribbon Committee reports issued after the Somalia debacle.
On the basis of
this report, an educational revolution was launched at CFC,
which is the subject of a related but different story. Since
that report, the JCSP
as well as the NSP have been required by Armed Forces
Council to be taught at the graduate level.
See:CANFORGEN106/08 CMP 042/08 061754Z JUN 08;
CANFORGEN 064/08 CMP 026/08 031905Z APR 08. (at p. 85
with footnote 4).
Ray Mitchell is currently the Legal Counsel for
the International Union of Painters and Allied Trades,
District Council
39 (Atlantic Canada) and also represents several other
construction labour organizations. ....
In addition to Ray's labour practice, he has served as a
Reserve Officer in the Canadian Forces for 28 years, where
he
currently holds the appointment as the Deputy Judge Advocate
General – Reserves. Ray is a graduate of the University
of New Brunswick Law School, and was called to the Bar in
1994.
----
Rick Mofina, the author of the article
image source: rickmofina.com/rick.html,
accessed 19 August 2018
MOFINA, Rick, "Ombudsman fires salvo at military police -
Evidence 'withheld' from investigations", The Ottawa Citizen,
Saturday, June 2, 2001, p. A6;
MOCK, Karen R., "The Somalia Inquiry: What Does It Have to Do with
US? Focus on Human Rights" (winter 1996) 30(2) Canadian Social Studies
53-55;
[2020]
We are pleased to introduce Captain David Moffat,
new to our office, but not to the courtroom.
Captain Moffat has over 16 years prosecuting
criminal offences and has joined us most recently
from Directeur Des Poursuites Criminelles et
Pénales, (@DPCP).
___________on MOFFAT, David (Dave), capitaine, avocat, membre du
Barreau du Québec (2006) représente le directeur des poursuites
militaires, avec le major L. Langlois dans la cour martiale
suivante: Thibault A.J.R. (Sergent ), R. c., 2020 CM 5005 (CanLII),
<http://canlii.ca/t/jbqjt>;
image
source: collections.musee-mccord.qc.ca/en/collection/artifacts/I-4354.1,
accessed 7 March 2018
Dominique Mondelet
MONDELET, DOMINIQUE, lawyer,
politician, judge, and seigneur; b. 23 Jan. 1799
in the parish of Saint-Marc on the Richelieu River, Lower
Canada, son of Charlotte Boucher de Grosbois and Jean-Marie
Mondelet*, notary, member of the
assembly (1804–9), and coroner of Montreal;
d. 19 Feb. 1863 at Trois-Rivières, Canada
East.
....
On 20 Nov. 1820 Mondelet was named
major in the Pointe-Claire division of the militia, but
seven years later lost his commission for opposing
the militia policies of Governor Dalhousie [Ramsay*].
....
Politically, Mondelet remained unreconciled with the
Patriotes. On 21 Dec. 1837 he was named among
those to administer the general oath
of allegiance, an unpopular function. In 1838 he was
appointed to the hated Special Council, though he never
attended a meeting or participated
in its activities. From 10 May 1839, as deputy judge advocate, he
prosecuted rebel prisoners, dealing severely with foreigners
whose meddling
in Lower Canadian affairs he deplored.
___________sur MONDELET, Dominique, voir cette lettre publiée dans Le
canadien, mercredi, 10 février 1841, à la p. 2, disponible à http://collections.banq.qc.ca/ark:/52327/3455303,
page vérifiée le 30 juin 2020;
Source:
gregmonforton.com/greg-monforton.html,
accessed 7 August 2018
Greg Monforton
MONFORTON, Greg, "Military law can be faster than regular
civilian system", The Windsor Star, 2 July 1992, at p. E4;
WHY A SEPARATE system of offences - one for the
military and one for all
other Canadians? Mostly because the military wanted
a quicker and more efficient system for punishing offences
than the regular criminal system. Also, many service offences
have a
more severe punishment than regular criminal offences. Given
the requirement for strict discipline in the military, offences are
not viewed with much compassion.
A separate system is also practical because many offences -
for example, desertion - are unique to the military. Many other
offences such as theft or damage to property are similar to
regular criminal offences.
...
ONE INTERESTING aspect is the inter-relationship between the
military law and
regular criminal law. The
regular law
continues to apply to members of the military. But they will not be tried in two places
for the same offence. This is called
double jeopardy in law. Which law ought to be used depends simply
on the connection the offence has with the military.
Is it a military matter? Or
has the soldier done something - on leave, for instance - that
would better be tried in a regular court?
___________"YOU AND THE LAW: Military law aims to enforce troop
discipline", The Windsor Star, 12 July 1997, at p. B10;
___________"You and the Law: Military law offers little compassion",
The Windsor Star, 30 December 1995, at p. H6;
In 2001, Cdr Moniz switched to the Public Affairs Branch
and served as a public affairs officer
for the Judge Advocate General, Canadian Special
Operations Forces and ultimately ended his
Regular Force military career in 2013 at the National
Defence Public Affairs Office in Toronto.
----------- Source:
cba.org/Sections/Military-Law/Executive Cdr Sheila Archer and Lt(N)
Carl Monk,
Source:
Carl
Monk
accessed 6 November 2017 lookoutnewspaper.com/issues/58/2013-05-21-20.pdf,
accessed 16 August 2016
In Canada, the post was created in
1911 by Minister of Defence Frederick (later Sir Frederick)
Borden, who was frustrated at not having
Canadian military legal expertise. The first JAG, Colonel Smith,
was a militia army officer and lawyer who had risen through the
ranks
over the course of a 49-year career, seeing action in several
conflicts. ...
Today, there are approximately 151 Regular Force and 55 Reserve
Force members advising the Chain of Command and the Minister of
National Defence on increasingly complex matters pertaining to
military law, both at home and abroad. Legal issues range from
providing
advice on disciplinary measures for infractions of the Code of
Service Discipline, to providing operational legal advice to
Commanding
Officers in the field and at sea. In fact, legal officers have
found themselves increasingly deployed, providing advice on issues
such as targeting,
rules of engagement, and Law of the Sea.
....
Besides operational advice, the Branch tends to matters of
administrative law and military justice. Administrative law
focuses on issues such
as compensation and benefits for members, personnel matters, and
pensions and service estates, while military justice matters
relate to the unique
enforcement of discipline.
Lt(N) Carl Monk
___________on Carl Monk, see O'HARA, Shawn, "Officer courts
new trade", LookOut., MARPAC NEWS, volume 57, number 51, 17
December 2012, at p. 12; available at http://www.lookoutnewspaper.com/issues/57/2012-12-17-51.pdf
(accessed 26 December 2015);
Image
source: mhs.mb.ca/docs/people/montague_jp.shtml, accessed 31
December 2017
Mr. Justice P.J. Montague
MONTAGUE, Percival (Price) John, 1915-1966, JAG officer; info
from the Archives of Manitoba,
Percival (Price) John Montague was born in
Dunville, Ontario on 10 November 1882, son of Dr. W. H.
Montague and Angelina Furry. He was educated
at Upper Canada College, the University of Toronto and
Osgoode Hall. He was called to the Ontario and Manitoba Bars
in 1907. He joined the firm of Pitblado,
Hoskin, Montague and Drummond Hay in 1913 and took a
leave to serve in the First World War.
Price Montague married Anne Isabel Fletcher (1885-1940),
also from Ontario, and the couple had two daughters
together, Eleanor (1908-2001) and Anne
(known as Nancy) (1911-2001). Eleanor later married Karl
Wintemute (1903-1989) and Nancy married Ernest Moncrieff
(1908-2000).
Price Montague enlisted for service in the First World
War on 1 February 1915. He attained the rank of
Lieutenant-Colonel and by 1917 was Assistant Adjutant (A.
A.)
and Quartermaster General (Q. M. G.) in the 2nd Canadian
Division.
After the war, Montague returned to Winnipeg and his
legal career although he also continued his military
involvement. He was the Commanding Officer of the Fort
Garry Horse from 1920 to 1923 and of the 6th Mounted
Brigade from 1928 to 1936. He was made King's Counsel in
1928 and then was appointed a Court of King's
Bench judge in 1932. In the 1930s Montague was also the
Chief Commissioner of the Manitoba Board of Review for the
Farmers' Creditors Arrangement Act.
At the outbreak of the Second World War Montague was
posted to Canadian Military Headquarters in London where
he served as Quartermaster General and then
as Judge Advocate-General. He was later Chief of Staff and
attained the rank of Lieutenant-General. Montague was the
highest ranking Manitoba serviceman in
the Second World War.
In 1945 Montague returned to Winnipeg and to the Manitoba
Bench. In 1951 he was appointed to the Court of Appeal. He
retired in 1959.
Price Montague died at the Deer Lodge Military Hospital
on 11 June 1966 and was buried with full military honours.
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___________on Montague, Lieutenant-General, the Honourable Price J.,
see the article by Douglas Amaron, "Canada's Generals--
Major-General P.J. Montague, Senior Officer, Canadian Military
Headquarters, London", The Evening Citizen, Ottawa,
Tuesday, 21 July 1942 at p. 3; retrieved from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2337636529?accountid=46526,
accessed on 30 April 2020;
(1)
(3)
(2)
Pressing (and holding) the Ctrl
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___________on Montague, Lieutenant-General, the Honourable Price J.,
see McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's
Military Lawyers, Ottawa : Office of the Judge Advocate
General, c2002, at pp. 47, 49, 53, 54, 58 and 62, available at
pp. i-xii and
1-102;
under authority of P.C.
9701 of 20 December 1943, General Montague
was formally given the title
of Judge Advocate General
Canadian Army Overseas. Previously he had been
authorized to exercise "the powers, duties
and functions of the Judge
Advocate
General".
___________"Report on Discipline of the Canadian Army Overseas by
Senior Officer, C.M.H.Q.", 29 September 1942, being Appendix "A" of
C.P. Stacey, Historical Officer, "Canadian Relations with the People
of the United Kingdom, and General Problems of Morale,
1939-44", Canadian Military Headquarters, Report number 119,
historical Officer, available at http://www.cmp-cpm.forces.gc.ca/dhh-dhp/his/rep-rap/doc/cmhq/cmhq119.pdf
(accessed 17 April 2019);
----------- source:
http://www.adam-montgomery.ca/, accessed 23 October 2017
Adam Montgomety
MONTGOMERY, Adam,The Invisible
Injured: Psychological Trauma in the Canadian Military from
the First World War to Afghanistan, McGill-Queen's Press, 2017,
352 pages;
- Tribunal canadien des droits de la personne /
Canadian Human Rights Tribunal: en français Montreuil
c. Forces canadiennes, 2009 TCDP 28 (CanLII), <http://canlii.ca/t/2crs9>;
à
and in English at Montreuil v. Canadian Forces, 2009 CHRT 28
(CanLII), <http://canlii.ca/t/29th9>
(accessed 13 September 2020);
120526-N-DW912-001
Kabul, Afghanistan (May 19, 2012) - MAJ Cory Moore,
legal officer with
the Canadian Forces Office of the Judge Advocate
General, speaks with Afghan National Army (ANA)
legal judges during the courtroom scene of the ANA
General Staff Legal recruiting video. (U.S. Navy
photo by Mass Communication Specialist 2nd Class (SW)
Cory Rose)"
This thesis focuses on the Merchant Navy’s redress campaign
and appraises
shifting government attitudes towards the mariners in
veterans’ legislation. It traces the
wartime experience of the mariners and discusses their
postwar treatment. By examining
the factors that contributed to the mariners’ initial
exclusion as veterans, this study sheds
light on the complex process whereby the state evaluates and
then reassesses what is
owed to those who serve. It demonstrates that concepts of
“veteranhood” are fluid, and,
that in the case of the Merchant Navy, once neglected
wartime narratives can be
reincorporated into the nation’s military past. In the case
of the Merchant Navy, renewed
public engagement with Canada’s social memory of its
involvement in two world wars
helped the merchant seamen find an audience willing to
validate their claims. This study
of Merchant Navy redress serves as an exploration into the
nature of the state-veteran
relationship.
MOOREHEAD, G. J. (Gregory/Greg), lawyer, member of the OJAG; member
of the Law Society of Alberta since 2014; acted as the
representative of the Director of Military Prosecutions in the case
of Leadbetter C.L.J. (Master Corporal), R. v., 2017 CM 4007
(CanLII), <http://canlii.ca/t/h3pkz> (accessed 9 May 2018);
represented the Director of Military Prosecutions in Baycroft H.A.
(Master Seaman), R. v., 2018 CM 2020 (CanLII), <http://canlii.ca/t/hsqf1>;
Kendra Crighton, the photographer and author
of the article
___________on Major Greg Moorehead, see Kendra Crighton, "Retired
Canadian Forces member guilty of sex assault and using spy cameras
to record coworkers. Colin McGregor found guilty of five out
of seven charges he faced", Victoria News, 30
September 2019; available at vicnews.com/news/retired-canadian-forces-member-guilty-of-sex-assault-and-using-spy-cameras-to-record-coworkers/
(accessed 12 March 2020);
Maj Greg Moorehead, the prosecutor in the Colin McGregor
court martial
referred to in the article of Ms. Crighton (photo by
Kendra Crighton/News Sraff).
On the McGregor court martial, see:
2019-09-30
| 39 pages; camera alarm clock —
video — images — personal audio recorders — sexual
Image
source: remotecontrolproject.org/interview-jon-moran/, accessed 18
October 2017
Dr. Jon Moran
MORAN, Jon, "Time to Move Out of the Shadows? Special
Operations Forces and Accountability in Counter-Terrorism and
Counter-Insurgency Operations", (2016) 39(3) The University of
New South Wales Law Journal 1239-1260; covers Canada;
available at https://lra.le.ac.uk/bitstream/2381/38798/2/MORAN%20UNSWLJ.pdf
(accessed 18 October 2017);
MORCHAIN, Major G., "L'appui aux pouvoirs civils"
(février-mars 1971) 7(2) Sentinelle 1-14; this
article should also be available in English; note Sentinel:
magazine of the Canadian Forces (in English) or Sentinelle:
revue des Forces canadiennes (French) was a periodical
magazine of the Canadian Forces published under the authority of
the Chief of the Defence Staff; periodical existed 1965-1994, see
https://www.collectionscanada.gc.ca/military/025002-1011.01-e.html;
___________on K.G. Morden, see "Mr. Justice K. Morden: Brillant
Career Carved by Son of Lawyer", The Globe and Mail,
Toronto, 17 July 1961 at p. 9, available at , accessed 23 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
___________photo of K.G. Morden, in "Justice Dies", The
Ottawa Citizen, Monday, 17 July 1961 at p. 10, available at
https://www.newspapers.com/image/...., accessed 23 June 2020; died
of a heart attack; born in Belleville Ontario; son of lawyer
Wilson S. Morden;
MOREL, André, "Les garanties en matière de procédure et de peines
(alinéas 11b), f), articles 12 et 14)", in Gérald-A.
Beaudoin and Errol Mendes, eds., The Canadian Charter of
Rights and Freedoms, 3rd ed., Scarborough (Ontario),
Carswell (Thomson Professional Publishing), 1996, pp. 12-1 to
12-64; see in particular pp. 12-23 to 12-26 for Professor Morel's
discussion and interpretation of s. 11(f) of the Charter,
ISBN: 045956014X (bound) and 04595604171 (pbk.); FRANÇAIS : aussi disponible dans: sous la direction de Gérald Beaudoin et
Errol P. Mendes, Charte canadienne des droits et libertés,
3e éd., Montréal : Wilson & Lafleur, c1996, xxv, 1192
p., ISBN 2891273494;
MOREL, D.Y., Captain, received the Judge Advocate General's legal
branch membership coin number 188, see http://www.lareau-law.ca/Coin2016.pdf
(accessed 6 October 2020);
Source de
l'image:
friends-amis.org/index.php/fr/evenements/235-french/publications/flambeau1/flambeau-aout-2016/822-benevole-de-l-annee-des-amcg-2015-2016-jean-morin,
visité 27 novembre 2016
Jean Morin, à droite, reçoit le prix de bénévole de l'année
2015-2016 des Amis du Musée canadien de la guerre, de Linda
Colwell et Stephen Quick
MORIN, Jean, « La discipline militaire un impératif. Partie 1 :
Le rôle des forces armées. Partie 2 : L’interaction entre les
forces armées et le gouvernement civil. Partie 3 : L’importance de
la subordination au pouvoir politique. Partie 4 : Les valeurs.
Partie 5 : La loyauté », (1997), La Citadelle, vol.33 n°2
(avril) ; n°3 (juin); titre noté dans mes recherches; article pas
encore lu; article cité à https://unites.uqam.ca/chf/conf163.htm
(visité 27 novembre 2016); ****
___________monsieur MORIN, Jean-François, conseiller principal en
politiques, Bureau du Conseil privé a été avocat
militaire du mois d’août 2012 à avril
2018, voir son témoignage devant le Comité permanent de la
procédure et des affaires de la Chambre, sur l'étude du projet
de loi C-76,Loi modifiant la Loi électorale du
Canada et d'autres lois et apportantdes
modifications corrélatives à d'autres textes législatifs,
17 octobre 2018, disponible à https://www.noscommunes.ca/DocumentViewer/fr/42-1/PROC/reunion-126/temoignages
(consulté le 20 juin 2019);
___________témoignage du Capitaine de corvette Jean-François Morin,
conseiller principal en politiques, Bureau du Conseil privé,
devant le Comité permanent de la procédure et des affaires de la
Chambre, sur l'étude du projet de loi C-76,Loi
modifiant la Loi électorale du Canada et d'autres lois et
apportantdes modifications corrélatives à d'autres
textes législatifs, 28 mai 2018, disponible à http://publications.gc.ca/collections/collection_2018/parl/xc59-1/XC59-1-2-421-106-fra.pdf
(consulté le 20 juin 2019);
MORIN, Kaila, legal officer with the OJAG, regular force,
since November 2018, see https://ca.linkedin.com/in/kailamorin
(accessed 22 March 2019); 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;
In The Concept of Law, H.L.A. Hart develops his theory for a
concept of law that rejects the possibility of a
necessary connection between law and morality i.e., what the
law is from what the law ought to be. He admittedly
does so for moral reasons. If there is a conceptual gap
between law and morality, it is possible to use the latter
as
a critical standard for assessing the law by questioning 'is
this law too iniquitous to obey or apply?' However, this
concept of law is flawed. If the human capacity for moral
reason can be used to correctly identify and disobey legally
valid though morally deplorable laws, one must assume that
belief in what the law ought to be is an inherently moral
aspect of the internal point of view. Furthermore, unless
one chooses to acknowledge the suppositions of command
theory-that is, that law is nothing more than habitual
congruencies or the command of a supreme sovereignone must
assume Hart's idea of the ultimate rule of recognition as an
external statement of fact relating to societies internal
perspective of what ought to be. In this way, the inclusion
of the internal perspective as a necessary aspect of law
entails a connection between law and morality. Otherwise,
what law is and what law ought to be become synonymous
under a merely external viewpoint. This does not reflect the
reality of how individuals assess the law or their actions
in relation to the law.
____________Photo of Captain Kaila Morin with other members of the
OJAG:
"Office of the JAG@JAGCAF6h6
hours ago [19 June 2019 ] Our
Administrative Law Division
is happy to have their Captains back from their month-long
Legal Officer Qualification Course.
Plenty of admin law files for Captains Ruth Shojaei, Andrew
McGarvan, Jamil Beauchamp-Dupont
and Kaila Morin!" (accessed
19 June 2019)
Pour vous aider à naviguer le système
militaire Canadien
La réalité militaire est parfois complexe et bien
particulière. Me Marco Morin, de par son passé, est bien
outillé pour répondre à vos besoins spécifiques, autant
dans les domaines traditionnels du droit que dans le
domaine distinct du droit militaire (cour martiale,
libération, grief, etc.).Il est disponible pour
déplacements au besoin, et ce, sur rendez-vous.
Par le passé, Me Morin s’est enrôlé dans le 6e Royal, 22e
Régiment. Il a par la suite, obtenu son transfert au sein
du cabinet du Juge-avocat général
(JAG). Durant ses années de service, Me Morin a été
principalement affecté à la conduite des poursuites en
cour martiale. Il a également agit à titre
d’aviseur juridique pour la 5e GBC de Valcartier, et a
étudié le droit immunitaire et le droit de la guerre à San
Remo, en Italie.
Après ces années de services auprès des Forces armées
canadiennes, Me Morin a obtenu sa libération au grade de
lieutenant-colonel. Depuis, il agit
comme avocat en pratique générale du droit. Il exerce à
Victoriaville au sein de sa propre étude d’avocats. Son
rôle d’avocat le mène fréquemment à
représenter des militaires.
Diplômé de l’Institut de droit des conflits de l’armée et
récipiendaire d’une décoration des Forces canadiennes, Me
Marco Morin est au garde à vous pour plaider votre cause
judiciaire et pour vous fournir des conseils juridiques
Colonel (retired) René Morin
MORIN, René, DND Dependants' Schools 1921-1983, Ottawa:
Directorate of History, National Defence Headquarters, 1986, xiv,
170 p., plus annexes; available at http://www.cmp-cpm.forces.gc.ca/dhh-dhp/his/docs/dependants_e.pdf
(accessed 23 October 2016);
-------------------
Image
source:
Rev. Capt. Victor Morris, video at gracecamrose.ca/worship/sermon/sermon-2016-04-24/
(accessed 14 April 2017)
canadianlutheran.ca/pastor-receives-military-
commendation-for-chaplain%e2%80%99s-work/,
accessed 14 April 2017
Rev. Vic Morris
MORRISON, C.M., Major of the JAG branch, see "President", The
Leader-Post, Regina, Wednesday, 14 June 1944, at p. 3,
available at https://www.newspapers.com/image/..., accessed 25 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
Laura Morrison
MORRISON, Laura M., legal officer with the OJAG, see https://ca.linkedin.com/in/laura-morrison-24052827
(accessed 12 December 2017); she is a Lieutenant (N) and employed
by the Director of Military Prosecutions in Gibbons C.C.
(Corporal), R. v, 2018 CM 4002 (CanLII), <http://canlii.ca/t/hqpck> (accessed 8 May 2018);
___________photo of LCdr Laura Morrison at the Chemical Weapons,
Armed Conflict and International Humanitarian Law Conference,
Quuen's University, Kingston, 29 October 2018:
___________on MORRISSEY, Marie Simone, former Major, Officer of
Military Merit (O.M.M.), awarded 2003 and Member of Military
Merit (M.M.M.), 1988; source: https://www.gg.ca/en/honours/recipients/150-1746,
accessed 5 April 2020;
__________on MORRISSEY, Marie Simone and the position of court
administrator, search also also the database of the courts martial
at (accessed 6 April 2020);
__________on Morrissey, Simone, see Dutil M. (Colonel ), R. c.,
2019 CM 3003 (CanLII), <http://canlii.ca/t/j120t>,
décision sur la demande en récusation formulée par l'accusé par
l'accusé à l'égard du juge militaire présidant la cour
martiale; consulté le 2020-04-06;
Au soutien de sa demande, le colonel Dutil a
témoigné devant moi et il a aussi fait
comparaître l’administratrice de la cour martiale, madame
Morrissey [...]
....
Tel que rapporté dans son témoignage par madame Morrissey,
administratrice de la
cour martiale, elle aurait été approchée au mois de
septembre 2015 par le colonel
Wakeham, chef d’état-major du juge-avocat général (JAG), qui
lui aurait mentionné
qu’il considérait formuler une plainte au comité d’enquête
des juges militaires à l’égard
du JMC en raison d’une allégation à l’effet qu’il aurait eu
une relation personnelle avec
une sténographe judiciaire. Il aurait aussi mentionné qu’il
en avait discuté avec le JAG.
Il aurait indiqué à madame Morrissey que son
code d’éthique du barreau auquel il
appartenait en tant qu’avocat l’obligeait à considérer à
faire une telle plainte. Il a
demandé la coopération de l’administratrice de la cour
martiale, ce qu’elle a refusé,
car ce n’était pas son rôle dans les circonstances. [...]
.... Le
colonel Dutil a mentionné qu’il n’avait eu aucun contact
personnel avec moi depuis
la mise en accusation au mois de juin 2018. Cela a
d’ailleurs été confirmé par madame
Morissey dans son témoignage. [...]
....
Madame Morrissey
sera aussi appelée à titre de témoin à charge dans cette
affaire.
Nous maintenons des liens professionnels en raison de nos
fonctions respectives, mais
un fait est évident : madame Morrissey aura
à continuer à prendre des décisions à titre
d’administratrice de la cour martiale qui pourraient
m’affecter dans ma fonction de juge
militaire. Me prononcer sur la crédibilité et la fiabilité
de son témoignage comporte le
risque de vivre avec ma décision par la suite, incluant
qu’elle puisse prendre des
décisions à saveur de représailles ou craindre que la
relation de travail soit affectée.
Dans cette perspective, il est clair pour moi qu’une
personne bien renseignée qui
étudierait la question en profondeur, de manière réaliste et
pratique, conclurait que
je suis partial.
__________on MORRISSEY, Simone,
testimony in Middlemiss R. J. (Master Seaman),
R. v., 2009 CM 1001 (CanLII), <http://canlii.ca/t/27rv8>
(accessed 6 April 2020);
The testimony of Mrs
Morrissey provided the following information. She performs
her
functions in the office of the Chief Military Judge. She
described her main statutory role
included the convening of courts martial and selecting and
appointing panel members for
General Courts Martial as the case may be. Mrs Morrissey
stated that she somewhat acts
as the Chief of Staff and comptroller to the Chief
Military Judge as well as her other
prescribed duties under the statutory framework. She
testified as to her knowledge of
the Canadian Forces, including its administrative and
legal aspects as a result of her
extensive career as an officer in the field of human
resources. She testified that her
statutory duties use 50 to 60 per cent of her time, where
her other functions fill the
remaining of her schedule. Mrs Morrissey stated that the
function of Court Martial
Administrator does not require specialized training, but
she found it helpful to have
a background in human resources and administration. She
described her extensive
career as both a non-commissioned member and officer in
the Canadian Forces,
until her retirement in 2007 and accepting her
appointment, as a civilian, as the
Court Martial Administrator on 14 March 2007. She
explained the method she
uses for the selection of panel members in the case of a
General Court Martial. ....
-------------
Wayne Cotton, image
source:
Paul Morse, the author
thespec.com/opinion-story/2551247-
source: unifor87m.org/node/281
clairmont-soccer-president-s-past-revealed/,
accessed 17 December 2017
MORSE, Paul, "Officer denies wrongdoing; Female cadets trying to
destroy his military career, captain's lawyer tells courtmartial",
The Spectator, 8 March 2002, p. A03;
MORTON, Desmond, 1937-2019, "Aid to the Civil Power: The
Canadian Militia in Support of Social Order, 1867-1914",
(December 1970) 51(4) Canadian Historical Review 407-425;
___________"Exerting Control: The Development of Canadian
Authority over the Canadian Expeditionary Force, 1914-1919", in Christon
Archer, ed., Men at War
Politics, Technology, and Innovation in the Twentieth Century,
New York: Routledge, 2005, 228 p.,
On October 14th, 1914, when men of the First Contingent
of the Canadian Expeditionary Force reached
Plymouth on the first stage of their journey to the
Western Front, their status was clear. In the meaning
of Britain’s Army Act, the Canadians were “Imperial”. They
were soldiers of the British Army, recruited
from the Empire. In the mood of the moment, any other
status would have seemed inconceivable. 1 If
there
was any doubt of the full integration of the Canadians in
the British Army, it was laid to rest by Canada’s
Minister of Militia, Colonel Sam Hughes: “we have nothing
whatever to say as to the destination of the
troops once they cross the water,” Hughes told the
Canadian House of Commons, “nor have we been
informed as to what their destination may be.” 2
In London, Canada’s acting High Commissioner, George
Perley, assumed, “that as soon as the Canadian troops
arrive here they will be entirely under the authority
of the War Office and become part of the Imperial army in
every sense of the word.” 3 In 1914 no one
presumed otherwise.
[source: https://www.taylorfrancis.com/books/9780203785720,
accessed 6 January 2019]
___________ Une histoire militaire du Canada: des origines à 1990, version
française dirigée par Serge Bernier, Sillery (Québec): Éditions du
Septentrion, 1992, 414 p., ISBN: 2921114704;
traduction de A Military
History of Canada;
___________ Histoire militaire du Canada, nouvelle édition rev. et
aug., Outremont (Québec): Athéna, 2009, 375 p., (Collection;
Histoire militaire), ISBN: 2921114704;
__________" 'Kicking and Complaining' Demobilization Riots in the
Canadian Expeditionary Force, 1918-1919", (/1980) 61(3) The
Canadian Historical Review 334-360; available at https://www.utpjournals.press/doi/pdf/10.3138/CHR-061-03-03%20
(accessed 14 March 2018);
___________A Military History of Canada, 5th ed., Toronto
: M&S (McClelland & Stewart), 2007, xiii, 369 p., [48] p.,
bibliographical references at pp. 319-338, ISBN: 9780771064814;
___________Ministers and
Generals. Politics and the Canadian Militia, 1868-1904,
University of Toronto Press, 1970, x, 257 p., ISBN: 0082052282;
___________" 'No More Disagreeable or Onerous Duty': Canadians
and Military Aid of the Civil Power, Past, Present,
Future", in David B. Dewitt, 1948-, and David Leyton-Brown,
eds., Canada's International Security Policy, Scarborough
(Ontario): Prentice Hall Canada, 1995, viii, 504 p., at pp.
129-152, ISBN: 0133115496; very important contribution to the subject;
___________"The Supreme Penalty: Canadian Deaths by Firing Squad
in the First World War", (1972) 79 Queen's
Quarterly 345-352;
___________Understanding
Canadian Defence, Toronto: Penguin Canada, 2003, xiii,
234 p., ISBN: 0141008059; note: "A Penguin/McGill Institute Book";
copy at Ottawa University, FC 226 .M69 2003;
___________When Your Number’s Up:
The Canadian
Soldier in the First World War, Random House
of Canada, Toronto, 1993;
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
____________"Obituaries-- Col. Thomas Moss, 67 War Crime Judge",
The Globe and Mail, 24 November 1952, at p. 9;
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 MOSS, Thomas, Colonel, see: FISHER, J.H., Telegram
Staff writer, "Canada's Evidence Ready in Japanese
Atrocities. Justice E.S. McDougall to Sit on International
Tribunal Trying Lesser Criminals", Toronto Telegram,
1946/04/13; available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5139450
(accessed on 4 February 2018);
---------- Image
source: ca.linkedin.com/in/donaleemoulton, accessed 11 July 2017
Chief Judge Pamela
Williams
Donalee Moulton, author of article
Nova Scotia’s mental health court is intended to
provide a collaborative environment where therapeutic and
restorative practices are used
to help people struggling with mental health and addictions
issues. Context is taken into account. In the case of
military personnel, the
circumstances of their arrest is often a consequence of
serving their country. “Most of these people have not been
in and out of the
criminal justice system,” noted Chief Judge Williams. “This
is as a result of their military service.”
MOWAT, H.M., "The Law and the Soldier", (1898) 18 The
Canadian Law Times at
pp. 97-107 (posted on 18 January 2012); notes: "Extracts
from a paper delivered before the Canadian Military Institute,
Toronto", p. 97;
MUDGE, Caroline, Lt(N), legal officer, member of the OJAG, see
"Personnel--Postings" (January-March 2000) 1 JAG
Newsletter--Bulletin d'actualités at p. 6; re posting on 4
July 2000 from CF NES Halifax to Dlaw/T;
The Leslie C Green Veterans
Scholarship is a $2,000 scholarship to be awarded to a
Canadian
Forces veteran entering or pursuing
first year legal studies at the JD or LLB level at a
Canadian
law school. The successful candidate will have a
demonstrable interest in international humanitarian
law. This interest may be reflected in past activities
or future career plans. Preference will be given
to candidates whose past activities and future career
plans suggest an intent and ability to make an
active contribution to the development of international
humanitarian law. Consideration will also be
given to the caliber of the candidate’s academic and
professional record.
[source: docs.wixstatic.com/ugd/1092ea_8e3817eeef094a56b1ef468411b27087.pdf]
- On 3 October 2017, I was informed by 2Lt Mujtabah that he has
completed his JD degree and is now articling at a firm in
Victoria.
Image
source: https://www.linkedin.com/in/hannah-mullen-0b20b168,
accessed 2 April 2016
Hannah Mullen
MULLEN, Hannah M., Shifting Scales of Justice: Military
Justice Reform in the United Kingdom, Canada and the United
States, Thesis (A.B., Honors in Government)--Harvard
University, 2015, 138 p., 29 cm, Notes: Thomas T. Hoopes
Prize--Harvard University, 2015; noted in Harvard Hollis
catalogue; Adviser: Prof. Cheryl Welch;
MUNN, Edwidge, 1958-, "À la recherche de sujets et de sources
d'archives en histoire militaire. Quelques conseils
d'usage", (2000) 8(2-3) Bulletin d'histoire politique
46-56; disponible à https://www.erudit.org/en/journals/bhp/2000-v8-n2-3-bhp04636/1060196ar.pdf
(site consulté le 18 décembre 2020);
image
source: en.wikipedia.org/wiki/Ross_Munro,
accessed 14 April 2018
Ross Munro, "Canadian Press's
lead war correspondent in Europe during World War II"
Abstract
Two States, namely the United States and Canada, have
seen fit, in recent years, to formulate rules, for
security purposes,
in respect of identification and control of aircraft
approaching their coasts, or within certain fixed zones
contiguous to the
coast, whereby, in effect, they assert a jurisdiction
for that limited purpose only, which departs drastically
from the popular
conception in Maritime Law of the three-mile limit,
six-mile limit, or twelve-mile limit, which has
heretofore been generally
accepted, among laymen particularly, and by governments,
and indeed, by some international lawyers, as the limit
to which
a State may exercise jurisdiction over the high seas
contiguous to its coasts, for various purposes. [...]
Image
source: http://www.unb.ca/fredericton/arts/centres/mmfc/, accessed
18 August 2016
MURIEL McQUEEN FERGUSON CENTRE FOR FAMILY VIOLENCE and Resolve
Violence and Abuse Reserach Centre, Report on the Canadian
Forces Response to Woman Abuse in Military Families[electronic resource] / prepared by
the Family Violence and the Military Community research
teams of the Muriel McQueen Fergusson Centre for Family Violence
Research at the University of New Brunswick and the
RESOLVE Violence and Abuse Research Centre at the University of
Manitoba Canadian forces' response to woman abuse in
military families [electronic resource] Family
violence and the military community [electronic resource],
Fredericton, N.B. : Muriel McQueen Fergusson Centre for
Family Violence Research, 2000, available at http://web.archive.org/web/20050503130958/http://www.unbf.ca/arts/CFVR/military.html
(accessed on 2 August 2008); also available at http://www.unb.ca/fredericton/arts/centres/mmfc/_resources/pdfs/familyviolmilitaryreport.pdf(accessed
7 October 2016);
MURPHY, Brian (Douglas Brian), "Military law course is a unique
offering for non-military students", (19 August 2005) 25(14) The Lawyers Weekly 12;
available at http://www.lawyersweekly.ca/index.php?section=article&articleid=138
(accessed on 15 July 2008); law course, University of Alberta,
Alberta Law School;
Mr. Brian Murphy is an ex JAG officer; available at http://www.lawyersweekly.ca/articles/138
(accessed 15 August 2016);
Col (Ret’d) Brian
Murphy, C.D. is a Pensions Advocate with the Edmonton Office
of Veterans Affairs Canada.
He is also a Sessional Professor of Military Law at
the University of Alberta Law School.
For 26 years (20 in
the Regular Force) he was a JAG Officer serving in
Canada, West Germany, Cyprus,
Middle East and Norway. Between July 1985 and May 1987 he
was the Director of Law/Training where he
lectured extensively to the CF Staff College and other CF
agencies on the Laws of Armed Conflict and Code
of Service Discipline.
He is the former
Assistant Judge Advocate General Pacific, CFB
Esquimalt. He is a member of the CBA
National and Northern Alberta Section of Military Law.
___________on MURPHY, Lieutenant-Colonel Brian, see
McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military
Lawyers, Ottawa : Office of the Judge Advocate General,
c2002, at pages 117 and 212, available at 103-242;
___________on MURPHY, Brian, LCol, see his photo hereunder taken
during the May 1986 LOAC (Law of Armed Conflict) course n
Cornwall; the photo was put on flickr and taken by Jim Rycroft and
is available at https://www.flickr.com/photos/xjag/4567836309/in/album-72157623951146254/
(accessed 23 September 2020);
__________on Murphy, Brian, retired from Veterans' Affairs,
Appeals and Legal Issues Directorate, in 2014;
__________on Murphy, Brian, counsel in the following case:
Forster v. Buckham, 1995 ABCA 334 (CanLII), <http://canlii.ca/t/2dcc9>,
accessed 16 September 2020; as background see R. v.
Forster, [1992] 1 S.C.R. 339;
MURPHY, Lindsay, DND/CF LA and Bob Smith, Assoc DGPFSS,
"Everything you wanted to know about NPP...but were afraid to ask
An NPP Primer", Base and Wing Commanders and Chief Warrant
Officers Conference, 27 April 2010, 22 slides, available at http://slideplayer.com/slide/6385877/
(accessed 21 December 2015);
MURPHY, Michael P.A., "The Special Council of Lower Canada and
the Origin of Canadian Sovereignty", (2017) 11(1) Canadian
Political Science Review 90-113; excellente
bibliographie; available at https://ojs.unbc.ca/index.php/cpsr/article/view/1603
(accessed 27 June 2018);
Abstract:
Following Giorgio Agamben’s theory that the decision of the
“state of exception” is the fundamental act of sovereignty,
this article traces
the origin of Canadian sovereignty through a review of the
suspension of habeas corpus in Lower Canada to its first
autonomous declaration
on Canadian soil. This article fills an important gap in the
historiography of the Special Council and demonstrates the
significance of Governor
Colborne’s declaration of martial law in response to the
1837-38 rebellions in Lower Canada. By underlining this
genesis-moment of Canadian
sovereignty, I offer a critical alternative to traditional
narratives of Canadian sovereignty.
------ Résumé:
Suivant la théorie de Giorgio Agamben que la décision de
l’état d’exception est l’acte fondamental de la
souveraineté, cet article identifie
l’origine de la souveraineté canadienne par une revue de la
suspension de l’habeas corpus au Bas-Canada à sa première
déclaration
autonome en sol canadien. Cet article rempli un vide
important dans l’historiographie du Conseil spécial et
démontre l’importance de la
déclaration de la loi martiale par le Gouverneur Colborne en
réponse aux rébellions de 1837-1838 au Bas-Canada. En
soulignant ce
moment-genèse de la souveraineté canadienne, j’offre une
critique alternative au discours traditionnel de la
souveraineté au Canada.
MURPHY, Ray, "A Comparative Analysis of the Municipal Legal Basis
for Canadian and Irish Participation in United Nations Forces",
(1999) 38 Military Law
and Law War Review 163; see http://www.ismllw.org/REVIEW/1999%20ART%20Murphy.pdf
accessed 20 July 2020;
___________"International humanitarian law training for
multinational peace support operations -- lessons from
experience", 31-12-2000 Article, International Review of the Red Cross, No. 840,
available at http://www.icrc.org/eng/resources/documents/misc/57jqtg.htm
(accessed on 21 December 2011);
Image
source: http://whitakerinstitute.ie/person/raymond-murphy/,
accessed 26 May 2017
Prof Ray Murphy
___________"Legal Framework of UN Forces and Issues of Command
and Control of Canadian and Irish Forces", (1999) 4(1) Journal of Conflict and Security Law
41-73;
___________"United Nations Peacekeeping in Lebanon and Somalia,
and the Use of Force", (2003) 8(1) Journal of Conflict and
Security Law 71-99;
Abstract
The article analyzes the use of force in traditional
peacekeeping operations, and second‐generation peace
enforcement operations.
It examines two operations in particular, UNIFIL in south
Lebanon, and the UN operations in Somalia. Although both
missions had
different purposes, it is surprising how the interpretation of
the rules of engagement (ROE) and the right to resort to force
in self‐defence
were dependent on subjective variables. In the case of
Somalia, once the operation was approved under chapter VII,
this had a significant
impact on how commanders viewed their role. In the case of
UNIFIL, early confrontation with armed groups set a precedent
that to a large
extent determined the nature and extent of force used by the
peacekeeping force thereafter. However, in the case of both
operations, the
actual wording of the relevant Security Council resolutions
was remarkably vague. This in turn influenced the application
of the ROE,
which by their very nature lent themselves to either
restrictive or expansive interpretations. The publication of
the Brahimi Report, and
the report on events that led to the fall of Srebrenica, have
questioned the traditional response of UN forces to the use of
force and advocated
the formulation of a more robust doctrine. The experience of
UN forces in Somalia and Lebanon shows that the non‐use of
force except
in self‐defence principle has proved controversial and
difficult to apply in practice, not least because of its
correlation to the other
characteristics, especially the need to maintain impartiality.
(source: http://jcsl.oxfordjournals.org/content/8/1/71.abstract?sid=be9f35b0-fed1-4131-80ea-5f98241d5e5e,
accessed 2 February 2015)
"Must Notify Military if Soldier Charged", The Globe and Mail,
5 December 1940, at p. 5;
Image source: ProQuest Historical Newspapers
NADEAU, Phyllis, "The Court Martial Case", (2004) 1 Les
actualités JAG Newsletter 24-25; in 2008, Phyllis Nadeau
was a paralegal at CMPS (Canadian Military Prosecution Service)
Headquarters, see https://military-justice.ca/wp-content/uploads/2018/11/Bronson-Reports.pdf
at p. 6 (accessed 29 december 2018); FRANÇAIS : NADEAU, Phyllis, "Procédure de la cour martiale", (2004) 1 Les
actualités JAG Newsletter 25-26;
NAIRN, D.R., Major, from C.A.C., Assistant Judge Advocate-General,
in military district number 1 with Headquarters in London, Ontario
in 1946, see The Quarterly Army List, April 1946, Part
I, London: His Majesty's Stationery Office, 1946 at p. 180
(bottom page number) or p. 178 (top page number), available at https://deriv.nls.uk/dcn23/8964/89641296.23.pdf
(accessed 21 March 2019);
___________on NAIRN, see "Major Nairn Appointed", The Globe
and Mail, 30 August 1946 at p. 9;
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
[Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/...., ProQuest Historical Newspapers,
accessed 21 March 2019]
___________photo of Major D.R. Nairn, E.D. of Goderich,
assistant-judge advocate general, in The Windsor Star,
Monday, 15 April 1946 at p. 9, available at
https://www.newspapers.com/image/...., accessed 23 June 2020;
Major D.R. Nairn
Image source: http://globalmjreform.blogspot.ca/2016/03/ugandas-military-courts.html,
accessed 25 September 2016
Dr. Ronald Naluwairo
NALUWAIRO, Ronald, "Military courts and human rights: A critical
analysis of the compliance of Uganda's military justice with the
right to an independent and impartial tribunal", (2012) 12 African
Human Rights Law Journal 448-469; deals with Canadian law;
available at http://www.ahrlj.up.ac.za/images/ahrlj/2012/ahrlj_vol12_no2_2012_ronald_naluwairo.pdf
(accessed 25 May 2015);
___________Military justice, human rights
and the law: an appraisal of
the right to a fair trial
in Uganda’s military justice system,
A thesis submitted in fulfilment of the requirements of the degree
of Doctor of Philosophy (Laws), Faculty of Law and Social
Sciences, School of Oriental and African Studies, University of
London, November 2011, 338 leaves; discusses Canadian law;
availablde at http://eprints.soas.ac.uk/18467/1/Naluwairo_3308.pdf
(accessed 21 January 2018);
Abstract
Any system or tribunal that exercises judicial power in a
democratic society must comply with certain minimum
standards for the administration
of justice. In international human rights law, these
standards are embedded in the right to a fair trial which
undoubtedly is the most important
prerequisite for ensuring justice in the adjudication of
cases. This thesis examines the extent to which Uganda's
military justice system complies
with the right to a fair trial. It questions the competence,
independence and impartiality of Uganda's military tribunals
and generally casts strong
doubt on the country's current military justice system to
administer fair justice according to the minimum
international human rights standards.
It is argued that despite attempts at reform, Uganda's
military justice system is still largely stuck in its
historical origins and falls far too short of
complying with the country's international human rights
obligations concerning the right to a fair trial.
The thesis points out areas that require reform and provides
recommendations which can help to make Uganda's military
justice system compliant
with the country's international human rights obligations
concerning the right to a fair trial, in particular the
right to a fair and public hearing by a
competent, independent and impartial tribunal. Ensuring that
the administration of military justice complies with the
right to a fair trial is not only
an international obligation which Uganda is obliged to
fulfill, but could also help it to achieve effective and
sustained military discipline - which is
the main reason advanced for the existence of military
justice as a separate system of administration of justice.
NAM, C.S. (Christopher), Captain, member of the OJAG; was
co-counsel with Major D. Martin for the Director of Military
Prosecutions in the case of Simms A.W. (Master Warrant Officer),
R. v., 2016 CM 4001 (CanLII), <http://canlii.ca/t/gsngb> (accessed 10 May 2018);
____________a photo of Major Christopher Nam on a course with
other JAG members in Italy (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."
NANTEL, G. A.M. (Gérald A.M., avec le surnom anglais de "Gerry"),
1913-1991, Colonel avec le bureau du JAG; hereunder are a few
references:
Presse canadienne, "Des nominations", Le soleil
(Québec),
jeudi, 29 octobre 1953, à la p. 36; disponible à collections.banq.qc.ca/ark:/52327/3172697
(vérifié le 1er avril 2018)
- "Le lieutenant-colonel Nantel a fait ses
études à l’Université de Montréal. Il s’est enrôlé en
1942, est devenu officier un
an plus tard et a été nommé avocat militaire de la région
militaire à Montréal. En 1944, il a été promu major,
servant à titre
d’avocat à Terre-Neuve. Depuis la guerre, il a exercé
sa professsion dans l'armée à Montréal et à Ottawa."
(Anonyme,
"Nomination en Corée du col. Alfred Crowe", La Presse,
jeudi, 29 octobre 1953, à la p. 23, disponible à collections.banq.qc.ca/ark:/52327/2876188
(vérifié le 1er avril 2018).
Presse canadienne, "Unité d'administration" Progrès du
Saguenay
(Chicoutimi), jeudi, 26 novembre 1953, à la p. 1,
disponible à collections.banq.qc.ca/ark:/52327/2619251 (vérifié
1 avril 2018).
Presse canadienne, "Le colonel
Nantel étudiera l'administration des
pensions", La Presse, 27 décembre
1965, à la p. 8; disponible à http://collections.banq.qc.ca/ark:/52327/2759380
(vérifié le 1er avril 2018);
Extrait du livre suivant: Biographies canadiennes-françaises, 21e édition
1968-69,
Montréal, à la page 601; disponible à collections.banq.qc.ca/ark:/52327/2634244 (consulté
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
- McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's
Military Lawyers, Ottawa : Office of the Judge
Advocate General, c2002, x, 242 p., at pp. 81-82, see pp. i-xii
and 1-102, ISBN: 0662321928; aussi disponible en
français: McDONALD, R. Arthur, Les avocats militaires du
Canada, Ottawa : Cabinet du Juge-avocat général,
c2002, x, 263 p., voir pp. i-x et
1-116, ISBN: 0662874358;
NAPIER, Matthew Mark ("Matt"), Major,
lawyer, member of the law Society of Ontario (2008) and the
OJAG; LL.B., Faculty of Law, University of Windsor, 2007;
Book written by Matt Napier
___________note on Matt Napier:
MATT NAPIER has written 6 children's books, 5 of
which are on the subject of hockey. He lived in
Toronto for most of his life, watching every Maple Leafs
game he possibly could. After attending the
University of Toronto, Matt studied law at the University
of Windsor and now practices as a lawyer
near Ottawa.
[Source: https://www.amazon.ca...., accessed 29 December
2018]
Source de
l'image:
globalnews.ca/video/2517413/focus-montreal-undercover-uber,
consulté le 12 septembre 2018
Le journaliste Christopher Nardi
Source de
l'image: cabinetguybertrand.com/equipe, consulté le 29 décembre 2018
Me Dominique Bertrand, l'avocate de monsieur
Sylvain Lafrenière
NARDI, Christopher, "Il
[l’ex-caporal Sylvain Lafrenière] poursuit l’armée pour 500
000$. Le vétéran de Québec réclame aussi des excuses pour le
calvaire subi après qu’on l’eut accusé, à tort, de fraude", Le
Journal de Montréal, 12 septembre 2018; disponible à https://www.journaldemontreal.com/2018/09/12/il-poursuit-larmee-pour-500000
(consulté le 12 septembre 2018);
NASH, Steve, military lawyer, participated in the coroner's
inquiry of six military engineering students of Canadian Forces
School of Military Engineering killed on 20 June 1988, Slesse
Demolition Range at CFB Chilliwack, BC, see the article :
Rose, Chris, "Veterans testify military class wore out explosives
students", The Vancouver Sun, 16 November 1988, at p. B1;
available at ProQuest,
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/ ....
(accessed 10 November 2018); in addition to the coroner's
inquest there was also a Board of Inquiry;
____________Note on Steve Nash, S.R.: , was
a captain with the OJAG in 1985 (source: Canadian
Forces Officer's List (Regular) (Bilingual),
A-AD-224-001/AF-001,
1985-11-20, obtained from DND, Access to
Information and Privacy, file A-2019-00318, 13
February 2020);
NATIONAL ARCHIVES (UK), "Canadian
Expeditionary Force: death sentence C.M.s, officers' G.C.M.s and
F.G.C.M.s, and other ranks' G.C.M.s", date: 1915-1919; held by the
National Archives at KEW, see http://discovery.nationalarchives.gov.uk/details/r/C1026693
(accessed 7 September 2017);
NATIONAL DEFENCE, The Future Security Environment 2013-2040,
Winnipeg: Chief of Force Development, 2014, xvii, 182 p., ISBN
978-1-100-24665-9, NDID # A-FD-005-001/AF-003; available at http://publications.gc.ca/collections/collection_2015/mdn-dnd/D4-8-2-2014-eng.pdf
(accessed 1 January 2018); aussi publié en français: L’environnement
de la sécurité de l’avenir 2013-2040;
Future Conflict and the Law
The CAF will always conduct operations
under the principle of the rule of law. This is the
lynchpin to establishing and maintaining legitimacy
for military operations. For the CAF,
the rule of law
includes both domestic legislation and such laws as prescribed under
any
international agreements to which Canada is a party,
including internationally agreed
upon LOAC. In addition, the behaviour of Western
forces is often influenced by similar
moral and ethical codes and beliefs. However, as noted
in Chapter One, the application
of international law
is often a function of perceptions of a state’s power.
Thus, as has
been true for much of the past century or so, there
can be no assurance that states will
abide by the LOAC or interpret those laws in a manner similar to
that of Western
states. Moreover, given the frequency with which
non-state or sub-state actors are
encountered as adversaries and given the array of
international laws,
the interpretation
of those laws, and
possible enforcement options, legal considerations and
dilemmas
will increasingly affect the conduct of military
operations in the future.117
The legal constraints under which
states operate may be exploited by state, non-
state and sub-state adversaries to their advantage
militarily, politically, and for
propagandistic purposes.118 All bodies of law evolve over time.
Societal norms,
technological change, and other factors all help to
spur legal thinking meant to
assure the safety and security of the public. Warfare
is no different. For example,
vigorous legal and public debates over such security
and defence issues as the rights
of captured non-state belligerents, the parameters of
what might constitute an
act of war in the cyber domain, and consideration of
what constitutes a proper
balance between security, freedom, and the requirement
for adequate anti-terrorism
measures are recent examples of the normal process by
which Western legal thought
evolves. The changing characteristics of warfare and
the normal process by which
legal thought evolves will, as in the past, continue
to affect how the CAF and its
allies prosecute campaigns. It should be expected that
subtle and more fundamental
changes to the broad body of law
that guides military activities will occur as
Canada’s legal system and legislators strive to
balance the protection of Canadians
and Canada from aggressors, with the requirement to
protect Canadian rights and
values, universal human rights and uphold the
legitimacy of international law.119
Similarly, new and evolving military
capabilities will require ongoing analysis to
ensure that they are in compliance with applicable
Canadian and international law
and may suggest the need for the development of new laws. The increased use of
armed UAVs is one such capability currently generating
much legal debate.120 As
noted in Chapter 3, a further challenge to existing law is the trend towards
greater
autonomy in the unmanned armed systems. The major
moral, ethical, and legal
issues are related to whether a ‘human-in-the-loop’ is
a necessary permanent check
and balance on autonomous systems to ensure that such
systems “discriminate
sufficiently between combatants and
non-combatants.”121
Thus, dealing with the legal issues
sure to be encountered on future operations
will require concerted efforts on the part of the CAF
to ensure the Office of the
Judge Advocate General is positioned to proactively
deliver and, where required,
coordinate whole of government advice on emerging
military and security legal
issues.122 Furthermore, there is no guarantee
that any future adversary will abide
by, or interpret international laws regarding conflict in
a similar manner to how the
CAF or any of Canada’s traditional allies might.
Therefore, while the CAF will rightly
always operate with full consideration of the moral,
ethical, and legal implications of
its activities such constraints may not be shared by
Canada’s adversaries.
MILITARY IMPLICATIONS
67 The provision of legal advice to
political and military leadership at the
strategic and operational levels in real-time will be
required to facilitate effective
military operations in the future. Achieving this
requires the Judge Advocate
General to maintain a high level of expertise in all
areas of military law
to ensure
the delivery of responsive force-enabling legal advice
and to influence the shaping'
of domestic and international legal frameworks to
facilitate CAF, Departmental
and Governmental mission success.
68 The military institution will need to remain aware
of the legal implications
of new technologies as they are considered for
integration into the CAF capability
portfolio.
69 Continued education, professional development, and
training in the LoAC
by CAF personnel and deploying civilian representatives
of the GoC are necessary
for the conduct of effective operations.
......
___________
117 See for example The Commission for the
Examination of the Events of the 2006 Campaign in
Lebanon (The Winograd Commission), The Second Lebanon War,
Final Report, Vol. 1. January 2008. See in particular
pp. 468-483. The phenomenon of countries operating under
so-called ‘universal jurisdiction’ regarding alleged
war crimes is one such example.
118 Winograd Commission, p. 478-480.
119 The conclusions of the Winograd commission in
this regard are as applicable to Canada as they
are to Israel. Indeed, it can be argued that this is one
of the fundamental considerations of legal thought
in democratic states. See Winograd Commission, p. 480.
The type of coordinated, proactive policy and
legislative efforts necessary in this regard would be
very similar to those necessary to counter terrorist
activities as described in the Radicalization Key Topic
above.
120 Frank Sauer and Niklas Schornig, “Killer
Drones: The ‘silver bullet’ of democratic warfare?
Security
Dialogue, 2012, Vol. 43, No. 4, p.374.
121 Sauer and Schörnig, Killer Drones, p. 374.
122 A conclusion reached by Israeli authorities
in the commission investigating the conduct of the 2006
Lebanon War. See the Winograd Commission, pp. 478-483.
OTTAWA – Captain (Navy) Holly MacDougall, the Canadian
Forces Director of Military Prosecutions (DMP), has
withdrawn the charge
of desertion, an offence under section 88 of the National
Defence Act, against former Sergeant Montgomery
Paisley. Sgt. Paisley was the
member of Joint Task Force 2 (JTF 2) who left his unit in
July of 2003 and was absent until he turned himself in at
the Canadian embassy
in Bangkok, Thailand, in April of 2005.
The DMP decision to withdraw the charge was based on a
consideration of the public interest, which balanced the
nature of the offence and
the public interest in prosecuting the charge against
recently-provided evidence that the accused suffered at
the time of the offence (and
continues to suffer) from a major depressive
disorder. Had the matter proceeded to court
martial, the central issue would have been the
mental health of the accused and his level of criminal
responsibility.
After a review of materials provided by Sgt. Paisley’s
defence counsel, including psychological test results and
opinions, and having further
consulted with other mental health professionals in
respect of those materials, the DMP decided that the
public interest does not require
prosecution of this matter and that Sgt Paisley’s conduct
may adequately be addressed through administrative
processes and within the
medical domain.
....
The CF National Investigation Service charged Sgt. Paisley
with the National Defence Act offences of
desertion, absence without leave
and stealing on April 15, 2005, after escorting him back
to Canada from Thailand. Following review by a
military prosecutor, DMP
determined that he should be tried by a court martial on a
single count of desertion.
NATIONAL DEFENCE AND CANADIAN ARMED FORCES, Evaluation of the
Provision of Legal Services by JAG and DND/CF LA,
January 2017, 1258-227 (ADM(RS)), Reviewed by ADM(RS) in
accordance with the Access to Information Act.
Information UNCLASSIFIED, available at http://www.forces.gc.ca/en/about-reports-pubs-audit-eval/284p1258-227.page
and http://www.forces.gc.ca/assets/FORCES_Internet/docs/en/about-reports-pubs-audit-eval/284p1258-227-eng.pdf
(accessed 12 May 2018); also published in French, aussi publié en
français; Évaluation de la prestation de services
juridiques par le JAG et le CJ MDN/FC Janvier 2017
1258-227 (SMA[Svcs Ex]) Revu par le SMA(Svcs Ex) conformément à la
Loi sur l’accès à l’information. Renseignements NON
CLASSIFIÉS.
The Office of DND/CF LA was created to provide DND and
the CAF with independent, legal advice pursuant to the Department
of Justice Act.
The MOU signed by the Department of Justice and the
DND/CAF in 2013 describes the services provided by
DND/CF LA. DND/CF LA is a DLSU
of the Department of Justice, and it is part of the
Public Safety, Defence and Immigration Portfolio. It is
a unique organization at DND, led by a
Justice Senior General Counsel, and staffed with
civilian lawyers from the Department of Justice,
military lawyers from the OJAG, and paralegals
and administrative and financial personnel from DND.9
Currently, DND/CF LA provides services through four
teams: Materiel, Environment and Real Property (MERP),
Claims and Civil Litigation (CCL),
Cadets, Health, Aboriginal, Law Advisory Services
(CHALAS) and Public Law Advisory Services (PLAS)
comprising National Security and Public
and Labour Law (PLL). Legislative Services are delivered
by the National Defence Regulations Section (NDRS).
NDRS, a satellite unit of the
Department of Justice Legislative Services Branch, is
co-located with DND/CF LA and works closely with DND/CF
LA and the JAG. In addition
to its partnership with NDRS, DND/CF LA works in
cooperation with regional, headquarters and DLSUs of the
Department of Justice, the OJAG,
the Legal Bureau at the Department of Foreign Affairs
and International Trade and the Privy Council Office
Legal Counsel to provide coordinated,
seamless and integrated legal services to the DND/CAF.10
Similarly, OJAG works in cooperation with these same
departments and organizations to
provide seamless and integrated legal services to the
DND/CAF. ....
---------
9. DND/CF Business Plan 2013-2014.
10. ibid.
----------------------
Le bureau du CJ MDN/FC a été créé dans le but d’offrir
des conseils juridiques indépendants au MDN et aux FAC
en vertu de la Loi sur le ministère
de la Justice. Le PE signé par le ministère de la
Justice, le MDN et les FAC en 2013 décrit les services
que le CJ MDN/FC offre. Le CJ MDN/FC est
une unité de SJM de la Justice et fait partie de son
Portefeuille de la sécurité publique, de la défense et
de l’immigration. C’est une organisation unique
dans le MDN, menée par un avocat général principal du
ministère de la Justice et dotée d’avocats civils du
ministère de la Justice, d’avocats militaires
du CJAG ainsi que de techniciens en droit et de
personnel administratif et financier du MDN9.
Actuellement, le CJ MDN/FC offre des services par
l’entremise de quatre équipes : Droit du matériel,
de l’environnement et de l’immobilier (DMEI);
Réclamations et contentieux des affaires civiles (RCAC);
Services consultatifs sur les droits des cadets, de la
santé et des autochtones (CHALAS);
et Services de consultations – Droit public (SCDP) qui
comprend la sécurité nationale et le Droit public et du
travail (DP et T). Les services législatifs
sont offerts par la Section de la réglementation de la
Défense nationale (NDRS). La NDRS, une unité satellite
de la Direction des services législatifs
du ministère de la Justice, est située sur le même site
que le CJ MDN/FC et travaille en étroite collaboration
avec le CJ MDN/FC et le JAG. En plus de
son partenariat avec la NDRS, le CJ MDN/FC travaille en
collaboration avec les unités de services juridiques
régionales, d’état-major et les SJM du
ministère de la Justice, le cabinet du JAG, le service
juridique du ministère des Affaires étrangères et du
Commerce international et le conseiller juridique
du Bureau du Conseil privé afin d’offrir des services
juridiques coordonnés, homogènes et intégrés au MDN et
aux FAC10.
Par conséquent, le CJAG
travaille également en collaboration avec ces mêmes
ministères et organisations pour offrir de façon
similaire des services juridiques homogènes et
intégrés au MDN et aux FAC. [...]
-------
9. Plan d’activités du CJ MDN/FC pour
l’AF 2013-2014.
10. Ibidem.
Major-General Blaise Cathcart, Judge Advocate General of
the Canadian Armed Forces, on June 5th, 2015, was granted
the Canadian
Forces Legal Branch’s first audience with Her Majesty
Queen Elizabeth II, who serves as their Colonel-in-Chief.
Major-General Cathcart,
along with Sir Graham Day, Colonel Commandant of the
Canadian Forces Legal Branch, presented Her Majesty with a
Legal Branch
membership coin and a plaque of the Legal Branch Crest,
while also updating her on the affairs of the
Branch.
Legal Branch coins are presented to Legal Officers upon
their qualification, and are consecutively numbered to
indicate the order of entry
into the Branch. The coin presented to Her Majesty
carried the inscription “Regina,” to indicate her status
within the Legal Branch. The coin
contained the Branch motto, “Fiat Justitia”, often
translated as “let justice prevail” or “let right be
done”. This motto is also a reference to a
ruling made by King Edward VII in 1910, and serves as a
link between the Canadian Forces Legal Branch and the
Royal Family.
[Here is the LIST
of the 306 JAG Officers who have received a JAG coin; list
obtained Access to Information Act letter, file
A-2016-01294,
dated 7 December 2016]
----
Le 5 juin 2015, le major-général Blaise Cathcart,
juge-avocat général des Forces armées canadiennes, s’est
vu accorder la première audience pour
la Branche des services juridiques des Forces canadiennes
avec Sa Majesté la reine Elizabeth II, qui est leur
colonel en chef. Le major-général Cathcart,
en compagnie de Sir Graham Day, colonel commandant de la
Branche des services juridiques des Forces armées
canadiennes, a remis à Sa Majesté un
médaillon et une plaque arborant l’insigne de la Branche
des services juridiques, et l’a entretenue des affaires
courantes de la Branche.
Les médaillons de la Branche des services juridiques sont
remis aux avocats militaires une fois qualifiés et admis
au sein de la Branche; ils portent un
numéro de série afin d’indiquer l’ordre d’adhésion. Le
médaillon remis à Sa Majesté portait l’inscription
« Regina » pour indiquer son statut au sein
de la Branche des services juridiques, ainsi que la devise
de la Branche, « Fiat Justitia », souvent
traduite par « Que justice soit faite ». Cette
devise
renvoie également à une décision rendue par le roi Edward
VII en 1910 et sert de lien entre la Branche des services
juridiques des Forces canadiennes
et la famille royale.
[Voici la LISTE
des 306 officiers du JAG qui ont reçus le jeton JAG; cette
liste a été obtenue par une demande de la Loi sur
l'Accès à l'information,
lettre, dossier A-2016-01294, datée le 7 décembre 2016]
Image
source: www.google.ca/, Google image search, accessed 14 March 2017
LCdr Anthony Russel giving a lecture at Laval University
NATIONAL DEFENCE AND THE CANADIAN ARMED FORCES, "Quebec Region
Update - April 2015. LCdr Russel, Guest of Honour Laval
University’s Faculty of Law"/"Des nouvelles de la région du Québec
- Avril 2015. Le Capc Russel : invité d’honneur de la
faculté de droit de l’Université Laval";
On March 17, Lieutenant-Commander Anthony Russel, Deputy
Judge Advocate, spoke at a conference organized by the
Clinic of International Criminal
and Humanitarian Law at Laval University in Montréal. In
the morning, LCdr Russel presented on the CAF Code of
Conduct for international operations.
He then joined Julia Grignon, Assistant Professor at the
Faculty of Law, to give a course to Masters students on
the law of armed conflict, specifically the
CAF’s targeting doctrine. In an interactive fashion,
Lt.Col. Russel covered the fundamental principles of
targeting, the role of the deployed legal officer,
targeting methods, legitimate objectives and the
rules of engagement as well as the fundamental rules of
targeting. (source: http://www.forces.gc.ca/en/ news/article.page?doc=quebec-region-update-april-2015/i8oa1nfm,
accessed 14 March 2017)
---------
Le Capitaine de corvette Anthony Russel, juge-avocat
adjoint Montréal, était présent une conférence-midi
organisée par la Clinique de droit international
pénal et humanitaire de l’Université Laval. En cette
occasion, le Capc Russel a présenté le code de
conduite des FAC dans le cadre d'opérations
internationales.
Puis, durant l’après-midi, il s’est joint au cours de
Julia Grignon, professeure adjointe à la faculté de droit,
pour animer une séance de formation portant sur le
droit des conflits armés: « l'égérie » de la
doctrine de ciblage des FAC. De manière interactive, il a
énoncé des principes fondamentaux à connaître en matière
de ciblage, a présenté le rôle de l'avocat militaire
déployé, a expliqué ce qu'est le ciblage, a parlé des
méthodes de ciblage, a défini ce qu'est un objectif
légitime,
a abordé les règles d'engagement (ce qu'elles
sont, leur rôle dans le ciblage, qui les adopte et
les promulgue) et a expliqué les règles fondamentales du
ciblage.
(Source: http://www.forces.gc.ca/fr/nouvelles/article.page?doc=des-nouvelles-de-la-region-du-quebec-avril-2015/i8oa1nfm,
visité le 14 mars 2017)
Source: amicus.collectionscanada.ca/aaweb-bin/aamain/illpolicy?sessionKey=1510650877007_142_78_200_14&l=0&lvl=1&v=0&lib=OOND
accessed 14 November
2017
NATIONAL DEFENCE, Headquarters Library/Défense nationale,
Bibliothèque du quartier général, Pearkes Buildings, 3 North
Tower, 101 Colonel By Drive, Ottawa, ON, K1A 0K2, tel: 613-
996-0831, libraryndhq@forces.gc.ca; OCLC Symbol NDHQL; WHO
Code NDL; Library SymbolOOND
Series consists of material which provides an overview
of the Statute of the International Criminal Court (ICC)
at the Hague and the United States concerns with the
institution.
Series consists of working and reference documents
relating to the Second Independent Review of the
National Defence Act by Chief Justice LeSage in 2011.
Includes annual reports from the Office of the Judge
Advocate General, Queen’s regulations an...
Series consists of submissions and supporting documents
by the following bodies in the Dept. of National Defence
to Second Independent Review of the National Defence
Act: 1. Canadian Forces Grievance Board 2. Canadian
Forces Provost Marshal 3. Can...
Series consists of photocopied documents from the court
martial records from JAG for 1952 to 1968. It includes
court martial appeal records, section case cards for
courts and for appeals, conduct sheets and records of
services. There is also one f...
Fonds consist of material that gives an overview of the
Statute of the International Criminal Court (ICC) at The
Hague and the United States concerns’ with the
institution. Includes extracts of Courts Martial
information and miscellaneous indexes ...
Fonds consists of material documenting Major J.T.
Loranger's involvement in the Japanese War Crime
Tribunal after the Second World War. This includes
information on charges, witness statements, court
rulings, and addresses to the court for a ...
Fonds consists of one document entitled "Standing
Orders / Ordres Permanent" for CFB Lahr, Germany.
Consists of orders that were published under the
authority of Queen's Regulations and Orders for the
Canadian Forces, article 4.21(1...
Fonds consists of microfiche documenting army pensions
and those affected by mustard gas during the Second
World War. Includes a file (2013/7) of textual records
which outline the organizational structure and describe
the chain of command of Natio...
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 departme...
Series consists of warrants authorizing Senior
Commanding Officers to convene General and District
Courts Martial, delegated warrants for general courts
martial and other relevant documents. Also includes
numerous orders of detail, disposal, attac...
Series consists of six reports regarding Operation
Morning Light with annotations by C.A. Morrison. The
reports includes:• Transcripts from executive planning
sessions (79/356, folder 1)• A report of the United
States Department of Energy (79/356,...
Fonds consists of notes and reports regarding the award
and confirmation of sentences of death of twenty-five
Canadian soldiers in the First World War by the Chief of
the General Staff. Also includes excerpts from two books
dealing with the troubl...
Canada. Dept. of National
Defence. Deputy Judge Advocate General/Advisory
Fonds consists of fourteen files containing legal
documents and correspondence regarding the Canadian
forces presence in Europe during the 1950s and 1960s.
These include negotiations, agreements and contracts on
matters such as the use of various ...
Canada. Office of the Judge
Advocate General. Senior Legal Advisor Europe
NATIONAL DEFENCE HEADQUARTERS, Directorate of History and
Heritage, "Officers of the Canadian Naval Service Tried by Court
Martial", National Defence Headquarters, Directorate of History
and Heritage (DHH), File 82/401; mentioned in CALOW, Keith, "Rough Justice : The
Court Martial of Lieutenant Robert Douglas
Legate", (October 2005) 15(4) The Northern Mariner / Le marin du nord
1-17 at p. 1, footnote 2;
Daniel Ménard, à gauche, avec son avocat Me Jean Asselin
Vincent Rigby is Assistant
Deputy Minister of the Strategic Policy Branch of
the new Foreign Affairs, Trade and Development Canada
(DFATD). He
previously held the title of Vice-President of the
Strategic Policy and Performance
Branch of CIDA, a role to which he was appointed in
December 2010. Prior to
his arrival at CIDA, Mr. Rigby was the Executive
Director of the International
Assessments Staff (IAS) at the Privy Council Office
(PCO), reporting to the
National Security Advisor to the Prime Minister. The IAS
produces intelligence
assessments of foreign developments and trends affecting
Canadian interests for
the Prime Minister and other senior clients across
government. Mr. Rigby also
held the title of Afghanistan Intelligence Lead Official
while at PCO. He was
responsible in this capacity for coordinating the
Canadian intelligence community
in support of Canada’s Afghanistan mission. Before
arriving at PCO, Mr. Rigby
was Assistant Deputy Minister (Policy) at the Department
of National Defence
(DND) from 2006 to 2008. He was responsible for
supporting the Minister of
National Defence, through the Deputy Minister, in the
formulation and execution
of defence policy both at home and overseas. Over his 14
years at DND, Mr. Rigby
held a number of other positions within the Policy
Group, including Director General
Policy Planning, Director of Policy Development and
Director of Arms and Proliferation
Control Policy. Prior to joining DND, he was a defence
and foreign policy analyst at the
Research Branch of the Library of Parliament. Mr. Rigby
holds an MA in diplomatic
and military history from Carleton University in Ottawa.
[source: cips-cepi.ca/the-ottawa-forum/participant-bios/,
accessed 3 August 2020]
- CRAIG STEPHEN FORCESE of Ottawa
- MURRAY RANKIN, Q.C., of Victoria
- HONOURABLE IAN CARL HOLLOWAY, P.C., Q.C., of Calgary
- HONOURABLE MARIE DESCHAMPS, C.C., of Montréal,
- Past ? Director General, National Security
Policy Directorate, Public Safety Canada
- Bachelor of Social Science with Honours, University of
Ottawa
- Master of Science, Politics of the world economy, London
School of Economics
- General Enquiries: info@nsira-ossnr.gc.ca
- media inquiries: 1-833-959-0081, mail media-medias@nsira-ossnr.gc.ca.
- for historical information related to the past mandate
and public record, we invite you
to visit the Security Intelligence Review
Committee (SIRC) website (http://www.sirc.gc.ca/index-eng.html)
- for archival information regarding the review of the CSE,
which is now part of NSIRA's mandate,
please
consult the former website of Office of the
Commissioner of Communications Security Establishment (CSE)
(https://www.ocsec-bccst.gc.ca/en)
- Registrar of complaints: tel. 1-833-890-0293;
- National Security and Intelligence Review Agency
P.O. Box 2430, Station “D”
Ottawa, Ontario
K1P 5W5
NATIONAL SECURITY AND INTELLIGENCE COMMITTEE OF PARLIAMENTARIANS
(NSICOP),Annual Report 2018Submitted
to the Prime Minister on December 21, 2018 pursuant to
subsection 21(2) of the National Security
and Intelligence Committee of Parliamentarians Act
(Revised version pursuant to subsection 21(5) of the NSICOP
Act), 2019, available at http://www.nsicop-cpsnr.ca/reports/rp-2019-04-09/2019-04-09_annual_report_2018_public_en.pdf
(accessed 13 April 2019);
NATIONAL SECURITY AND INTELLIGENCE COMMITTEE OF PARLIAMENTARIANS
(NSICOP),Annual Report 2019 Submitted
to the Prime Minister on August 30, 2019 pursuant to
subsection 21(2) of the National Security
and Intelligence Committee of Parliamentarians Act
(Revised version pursuant to subsection 21(5) of the NSICOP
Act), 2019, available at https://www.nsicop-cpsnr.ca/reports/rp-2020-03-12-ar/annual_report_2019_public_en.pdf
(accessed 2 August 2020);
Ottawa, October 12,
2018 — The National Security and Intelligence Committee of
Parliamentarians (NSICOP) today announces two
substantive reviews of government national security and
intelligence activities. Its findings will be published in
NSICOP’s first annual
report.
The Committee is examining how the Government of Canada
establishes national intelligence priorities. The
priorities provide direction
to the intelligence organizations in the collection and
analysis of intelligence. This process is the primary
mechanism for the Prime Minister,
Cabinet and senior officials to ensure the proper exercise
of control, oversight and accountability for Canada’s
intelligence activities.
NSICOP is also
conducting a separate review of the intelligence
activities of the Department of National Defence and the
Canadian Armed Forces. This review focuses on the structure and
scope of defence intelligence activities, the legal
authorities under which they are conducted, and the internal oversight and governance
mechanisms in place for their control and
accountability. Consistent with its mandate, NSICOP is conducting the first independent, external review
of defence intelligence activities.
"Intelligence activities are critical for the
effectiveness of government activities. They also have the
potential to affect the rights and privacy
of Canadians,” said the Chair, the Honourable David
McGuinty. “NSICOP’s review of these two important programs
will help ensure that
our security and intelligence agencies continue to keep
Canadians safe in a way that also safeguards our values,
rights, and freedoms."
Relying on expert witness briefings and classified
documentation, the Committee will submit its findings and
recommendations to the Prime
Minister by the end of this calendar year as part of the
Committee’s annual report. A declassified version of the
report will be tabled in
Parliament.
"Officials met all requests for information within the
deadlines set, and readily complied with any follow-on
requests. We are deeply grateful
for their cooperation and for the insights they provided
during the Committee's hearings," McGuinty said.
[emphasis in bold and oversized added]
___________Special Report on the Collection, Use, Retention and
Dissemination of Information on Canadians in the context of the
Department of National Defence and Canadian Armed Forces Defence
Intelligence Activities, Ottawa, 2020, xiii, 57 p.,
CP104-2/2020E, ISBN: 978-0-660-33057-0 (print); available at https://www.nsicop-cpsnr.ca/reports/rp-2020-03-12-sr/special_report_20200312_public_en.pdf
(accessed 4 May 2020);
___________on the subject of the NATIONAL SECURITY AND INTELLIGENCE
COMMITTEE OF PARLIAMENTARIANS (NSICOP), see Murray Brewster,
"Canadian military says its intelligence operations aren't bound by
privacy law -- 'Canadians should be concerned ... because it speaks
to their rights.' - Liberal MP David McGuinty", CBC Politics,
Updated, 12 March 2020; available at (accessed 18 October 2020);
It will be up to Attorney General David Lametti to
decide what, if anything, to do with the report
— which pointed to a series of contradictions
in the rules governing the covert activities of
military intelligence officers.
A spokeswoman for Lametti referred those
questions back to National Defence. Officials in
Defence Minister Harjit Sajjan's office were not
immediately available comment.
"We're not sure what the next steps are for the
attorney general, but we've done our job,"
McGuinty said.
Unlike the Canadian Security Intelligence Service
(CSIS) and the Communications
Security Establishment (CSE), the Department of National
Defence's intelligence branch
has never faced external review or oversight.
___________on the subject of the NATIONAL SECURITY AND INTELLIGENCE
COMMITTEE OF PARLIAMENTARIANS (NSICOP), see photo hereunder of the
members of the "JAG Operational and International Law Division on
receiving the Public Safety, Defence and Immigration Advisory Award
2019 for their work on the National Security and Intelligence
Committee of Parliamentarians file!":
"Office of the JAG@JAGCAFJun
21 [2019] Congratulations to the
members of our Operational and International
Law Division on receiving the Public Safety, Defence and
Immigration Advisory Award 2019 for their work on the
National Security and Intelligence Committee of
Parliamentarians file!"
____________on the subject of the NATIONAL SECURITY AND
INTELLIGENCE COMMITTEE OF PARLIAMENTARIANS (NSICOP)
- On 17 July 2020, his Executive Director was :
Rennie Marcoux, Executive Director,
National Security and Intelligence Committee of
Parliamentarians
(613) 402-7130 rennie.marcoux@canada.ca
Image source:
thewarriorsdayparade.ca/Parade%20Info%202010-Gen%20Natynczyk.htm
(accessed 4 February 2018)
Walt Natynczyk
NATYNCZK,
General W.J., CDS and MacLean's, "Russell Williams no longer a colonel.
Convicted serial killer officially stripped of his rank. CDS
Message: Mr. Russell Williams", MacLean's Magazine, 22 October
2010, available at http://www.macleans.ca/news/canada/russell-williams-no-longer-a-colonel/
(accessed 4 February 2018);
CDS Message: Mr. Russell
Williams
4. With the conviction and sentencing completed, and
following my recommendation, the Governor General has
revoked his commission,
an extraordinary and severe decision that may
constitute a first of its kind in Canadian history.
5. Further, the following actions will now be taken:
A. Stripping Mr. Williams of his medals
B. Termination and recovery of his pay from the date
of arrest
C. Denial of severance pay; and
D. His prompt release from the CF under “service
misconduct” – which is the most serious release item
possible.
6. As a consequence of his release from the CF for
“service misconduct” and of the revocation of his
commission, Mr. Williams no longer
possesses a rank as a member of the CF.
The government’s top military lawyer, whose advice
Defence Minister Jason Kenney cited to argue unilateral
Canadian air strikes against Islamic
State militants in Syria would be legal, has served a
three-year stint as legal adviser for Canada’s top-secret JTF2
commando unit and provided the
legal advice for 13 counter-terrorism and special operations
missions, his Canadian Armed Forces biography states.
....
But despite Mr. Cathcart’s top-echelon role in military
strategy and operations—as well as his position as the chief
legal adviser on military law for
Governor General David Johnston, Mr. Kenney (Calgary
Southeast, Alta.) and the Department of National
Defence—experts on international law
question the government’s apparent decision to depend
exclusively on Mr. Cathcart’s legal counsel. They say the
government should also perhaps
obtain advice from international law experts at the Department
of Justice and Foreign Affairs to make a decision that
includes major risks and,
considering Canada’s fractional contribution to the air war
against ISIL, will not significantly increase the country’s
impact in the war against the
so-called Islamic State.
The creation of the position of Inspector General was one of
the recommendations of the Somalia Commission of Inquiry and has
been
identified by some as a possible solution to the Afghan detainee
issue.
“The appointment of a civilian Judge Advocate General would be
a first in Canadian history, although Britain and Australia have
had
this for some time,” said Dewar. “Questions have been raised
about the legal advice given on the detainee issue. Drawing on
experience
from beyond the military and outside the chain of command would
increase confidence on the part of members of the military and
Canadians.”
La création du poste d’inspecteur général était une des
recommandations contenues dans le Rapport de la Commission
d’enquête sur la
Somalie et a aussi été identifié comme une des pistes de
solutions possible dans le dossier du transfert des détenus
afghans.
« La nomination d’un Juge-avocat général civil serait une
première dans l’histoire canadienne mais pas une première dans
les pays
possédant un régime parlementaire britannique », a pour sa part
confirmé Paul Dewar. « Des questions ont été soulevées
concernant
les avis légaux présentés par le Juge-avocat général dans
l’affaire des détenus afghans. En faisant appel à lune expertise
légale située
à l’extérieur de la chaîne de commandement militaire permettrait
d’accroître la confiance de tous envers l’institution militaire.
Robert
Near, image source: https://ca.linkedin.com/pub/robert-bob-near/44/656/393,
accessed 22 January 2015
NEAR, Major Robert, “Driving the Message: An analysis of the MND
and Somalia Commission Reports” in LCol Bernd Horn, ed., Contemporary Issues in Officership:
A Canadian Perspective,
Toronto: Canadian Institute of Strategic Studies, Toronto, 2000,
x, 267 p., ISBN: 0919769950; also published in Ottawa: OPDP
2020, Department of National Defence, 1999, 20 p. (series ;
OPD research paper; no 01)
NEIL, Brendan, former member of the OJAG, on, see the article by DE
LAPLANTE, Cheryl, "Older recruits attracted by career
opportunities", (21 April 2004) 7(14) The Maple Leaf, 4-5,
talks about Capt Brendan Neil discusses, available at http://publications.gc.ca/collections/collection_2015/mdn-dnd/D12-7-7-14.pdf;
aussi publié en français sous le titre "Recrues plus âgées attirées
par des perspectives de carrière; parle du Capitaine Brendan Neil,
avocat;
___________on NEIL, Brendan, Barrister & Solicitor, Criminal
Trial Lawyer Certified by the Law Society of
Upper Canada as a Specialist in Criminal Law and former JAG
officer; see his web site at http://www.neillaw.ca/
(accessed 16 September 2017);
Prior to leaving British
Columbia I was commissioned as an officer in the Canadian
Forces and came to Ontario as a lawyer
for the Judge Advocate General. My role was as a legal
advisor to the chain of command of the Canadian Forces on
such
issues as military justice, criminal law, administrative
law, contracts and general law.
[source: http://www.neillaw.ca/my_profile.html,
accessed 16 September 2017]
Michelle Nel, image source:Google
Image ---Sun.Academia.edu , accessed on 29 June 2014
NEL, Michelle, "Military Law Practitioners and Academic Discourse: A
Sine Qua Non for Developing Military Law" (2017) 45(2) Scientia
Militaria, South African Journal of Military Studies 1–19.;
available at https://www.ajol.info/index.php/smsajms/index
, accessed 28 February 2018;
Comparative studies with Canada and Australia have
however proved beneficial in the context of research on the
shared concerns
regarding the independence of military judges.59 Comparative
study is consequently limited in the area of military
justice but may
prove useful in the areas of operational and
international law due to the international utilisation of
the armed forces. ....
-----------
....
59 See in this regard the research done by Prof. AE
Tshivhase from the Faculty of Law, NMMU.
Abstract
The purpose of this study is to investigate the sentencing
practice of the military courts. Since an independent and
impartial military
judiciary is essential to ensure that justice is done a further
aim of this study is to investigate whether the military courts
are impartial,
independent and affords the accused his fair trial rights.
The sentences imposed by military courts are investigated and
concerns
regarding the imposition of these sentences are identified.
Finally the appeal and review procedures followed by the military
courts are
investigated with specific reference to the military accused’s
right appeal and review to a higher court as provided for by the
Constitution.
The sentencing phase of a trial forms an important part of the
whole trial process. This is also true for military trials, yet no
research has
been done on military sentencing practice. Because of the
potential influence of the draft Military Discipline Bill and the
Law Reform
Commission’s revision of the defence legislation on sentencing,
research in this area is critical in the positive development of
sentencing
law in the military justice environment. An extensive literature
study is undertaken to evaluate current military sentencing
practices against
civilian practices. The result of this study identifies certain
concerns regarding the independence of the military courts, the
treatment of
military offenders and the appeal and review powers of the
military reviewing authority. To a large extent it is also found
that many concerns
are based on the apparent rather than the existence of any real
dangers to the independence of the military courts or the rights
of the military
accused. This thesis contributes to the accessibility of military
law for a civilian audience, creating a platform for the
development of future
military sentences. (source: http://umkn-dsp01.unisa.ac.za/xmlui/handle/10500/5969)
---Image
source:
http://floraweb.nfb.ca/ww2/critical-perspectives/the-rights-and-wrongs-of-war.htm?pext=1&view=699252&subtype=extraits,
accessed 8 October 2016
NFB STREAMING VIDEO -- YORK UNIVERSITY, NATIONAL FILM BOARD OF
CANADA, Open Secrets, Montreal: National Film Board of
Canada, 2003, 1 streaming video file (52 min.) : digital, stereo,
sd., col.; Note: Produced by the National Film Board of Canada in
association with CBC News and Vision TV.; Quebec Centre;
Summary:
This provocative documentary uncovers a lost chapter in
Canadian military history: how the Armed Forces dealt with
homosexual
behaviour among soldiers, during and after World War II. A
group of veterans break their silence after more than 60
years. We hear
from five men, barely adults when they enlisted. From the
sexual timidity of the 1930s, when homosexual behaviour
'was even more
unmentionable than cancer,' spring these stories of sexual
awakening amidst the brutality of war. Soldiers and
officers who depended
upon one another for survival accepted each other's
differences. Initially, the Army overlooked homosexual
activity, but as the war
advanced, they began to crack down: military tribunals,
threats of imprisonment, discharge and public exposure.
After the war, officers
accused of homosexuality were discharged. Back home in
Canada, reputations and careers were ruined. For the young
men who had
served their country with valour, this final chapter was
often too much to bear. Interviews are skilfully woven
with archival footage
and rare photographs. Open Secrets is based on the Paul
Jackson book, Courting Homosexuals in the Military. Open
Secrets was
produced as part of the Reel Diversity Competition for
emerging filmmakers of colour. Reel Diversity is a
National Film Board of
Canada initiative in partnership with CBC Newsworld.
(source: https://www.library.yorku.ca/find/Record/2592424,
accessed on 22 December 2014)
NICHOLLS (I have also seen "NICHOLS"), George Van Vliet,
1908-1986, lawyer, part of the JAG; there is a "Fonds MS-2-561 -
George Nicholls fonds" at Dalhousie University Archives, see
https://findingaids.library.dal.ca/george-nicholls-fonds
(accessed 15 February 2019);
George Van Vliet Nicholls, QC was born on October 25th,
1908 in Montreal, Quebec to Dr. Albert George and
Lucia Pomeroy (Van Vliet) Nicholls. The family moved to
Halifax, Nova Scotia in 1915 where Nicholls graduated
from the Halifax County Academy with the highest standing
in his class. He went on to Dalhousie University, and
then transferred to McGill University his junior year,
later graduating with honours in English literature in
1929
and a civil law degree from McGill in 1932. Nicholls was
admitted to the Quebec Bar that same year and practiced
law for a few years in Montreal. The Nicholls family had
returned to Montreal in 1927.
Nicholls went on to work in the legal and industrial
relations departments at the Toronto head office of the
Canadian
Manufacturers’ Association in 1937. He was commissioned by
the Royal Canadian Air Force in 1941, and was the
first sectary and chairman of the K.R. (Air) Revision
Committee. In 1943, he joined the staff of the Judge
Advocate
General’s Brach in London and transferred to the Reserve
in December, 1945.
After the service, Nicholls was appointed Manager of the
Research Department at the Canadian Chamber of
Commerce in Montreal. Nicholls was appointed to Queen’s
Council in 1953 in Quebec. He also became the editor
of the Canadian Bar Review until 1957 when he joined the
Faculty of Law at Dalhousie.
While at Dalhousie, he taught administrative law and
labour law. He also originated and taught the courses, the
Introduction to the Private Law of Quebec and Legal
Research and Writing which is still part of the curriculum
and became a model for legal research and writing courses
at other law schools across Canada. Nicholls also assisted
in the creation of the Dalhousie Law Journal, which was
first published in September, 1973 and served as one of
the
original editors and was on the editorial board. He’s been
published in multiple legal journals and reviews writing
on topics covering administrative and common law, labour
law and Quebec law and was the author of The
Responsibility for Offences and Quasi-offences under the
Law of Quebec.
Nicholls was a member of the Senate Committee, and
chairman of the Art Gallery Committee and Dalhousie
University’s General Committee on Cultural Activities. He
was also one of the people responsible for the concept
and planning of the Dalhousie Arts Centre. Nicholls also
served as chairman for the public relations of the
Waegwoltic Club.
George V.V. Nicholls was married to Patricia “Pat” Ross
and had one daughter, Anne. Nicholls died on August 9,
1986 in Halifax.
___________on Nichols, George V.V. (Van Vliet), see "Commerce
Chamber Makes Appointments", The Ottawa Journal, 6 March
1946, available at https://www.newspapers.com/,
accessed 16 May 2020;
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
image
source: www.cbc.ca/news/canada/north/yukon-erik-nielsen-former-tory-mp-dies-at-84-1.730761,
accessed 28 January 2018
"Yukon" Erik Nielson
NIELSON, Erik, 1924-2008, Canadian Politician:
Members will remember Erik as the guest
speaker at our final reunion September 2000. Erik did
his first tour on 101 RAF Sqdn.
It was a Special Duties Sqdn conducting "Airborne Cigar"
operations while carrying out the same duties as other
A/C in the
Bomber Stream. There were a good number of Canadian
Members of the RCAF on 101. Post war Erik graduated from
Dalhousie
Law School and applied to enlist in the Judge Advocate
General’s Branch of the RCAF. He was not accepted due to
a bureaucratic
technicality.
Erik practiced law in the Yukon, was elected Member
of Parliament, became Minister of National Defence,
and Deputy Prime Minister.
From rejection to HEAD MAN. Now that is class! [source: www.airmuseum.ca/mag/0506.html,
accessed 28 January 2018]
Noël, C., Captain, General list, legal officer in
military district number 5 with headquarters in
Quebec, P.Q., in 1944, seeThe Quarterly
Army List, January
1944, Part I,
London: His
Majesty's Stationery
Office, 1944 at p.
170 (bottom page
number) or p. 180
(top page number),
available at https://deriv.nls.uk/dcn23/8897/88977987.23.pdf
(accessed 21 March
2019);
___________on
Noël,
Camil,
Lieutenant defended Pte
Hamel with Antoine Rivard, K.C., see "Evidence of Graft and Bribery
Given at Quebec Court Martial", The Gazette, Montreal,
26 November 1942 at p. 1; available at
https://www.newspapers.com/...., accessed 31 May 2020;
___________there was a
Camilien Noël
as
a Mr. Justice,
exchequer
Court in 1966;
en
1971,
after federal
court judge;
father of
judges
Simon et Marc
Noel; en 1942
Camillien
marie Blanche
Belleau, fille
du juge
Belleau de
Lévis;
t------------
source: www.google.com and
outlet.historicimages.com,
Source: Sherbrooke Daily Record, 9 May 1962, p. 1
accessed 13 April
2018
collections.banq.qc.ca/ark:/52327/2992266
Cpl Noël, Maurice Hector Joseph
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
Noël,
Maurice Hector Joseph, Corporal, et al., courts martials
in 1962 for opium smuggling in Indochina:
-----------------------------
"Le caporal Noël en Cour
martiale",
Canadian Press, "After spotless record of 18 years: Is
dismissed Le Nouvelliste,
Trois-Rivières,
from Canadian army for Indochina opium smuggling"
4 mai 1962, p.
1,
Sherbrooke Daily Record, 9 May 1962, p. 1, collections.banq.qc.ca/ark:/52327/2992266
disponible à collections.banq.qc.ca/ark:/52327/3255900
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
thelawyersdaily.ca/articles/2651/csis-secrecy-law-doesn-t-apply-to-its-judges-federal-court-says,
accessed 2 September 2017
___________on Noël, Simon, see Pugliese,
David, "Rank injustice: Seven cases from Canada's
military: A Nine-Part Report", The Ottawa
Citizen, 12 October 1999, at p. 12;
The problem with investigating senior officers,
according to Simon Noel, a lawyer and former counsel to
the Somalia inquiry, is that the military police and justice
system lacks the independence needed to do
the job. The military's top police officer, Provost Marshall
Brig.-Gen. Patricia Samson, is not truly
independent of the chain of command, as she still reports to
the second-highest ranking officer in the
Canadian Forces, Vice-Admiral Gary Garnett, Mr. Noel said.
He said there is a fundamental conflict
of interest in having military police investigate their own
senior officers for wrongdoing.
"Samson is still wearing a uniform, she is a general," said Mr. Noel.
"Where is the independence in
that?"
NOEL, Steve D., Canadian forces use of private security in
Afghanistan: a consequence of national decisions, Command
and General Staff College (CGSC), School of Advanced Military
Studies (SAMS), 2013, available at http://cgsc.contentdm.oclc.org/cdm/singleitem/collection/p4013coll3/id/3126/rec/8,
accessed on 2 February 2014;
NOLAN, Brian, "Dishonoured legacy (Somalia incident)", (1
July 1997) Esprit de Corps;
title noted in my research but document not consulted yet (21
December 2011);
It is difficult to know whether the Canadian
Forces are capable, or willing, to take the Somalia
Inquiry's recommendations as a blueprint to
begin rebuilding the once proud institutions that are the
army, navy and air force. Given the open contempt that some
members of the
Canadian Forces showed the Inquiry Commissioners and the
concerted effort they made to delay handing over evidence,
the prospects
of genuine reform seem slight. Even more suspect are the
intentions of the Liberal government. The depth of cynicism
the Liberals
demonstrated in dealing with the Inquiry and the public's
right-to-know does not suggest a favourable finale to this
shameful episode.
While editorial outrage swept across the nation in wake of
the government's decision to close down the Inquiry before
the Commissioners
could complete their mandate, Jean Chretien's backroom boys
had correctly judged that Somalia was not going to become an
election issue. …
(Source: http://www.highbeam.com/doc/1G1-30178024.html,
accessed on 22 January 2015)
NOLAN, The Hon. Henry (Harry) Grattan, C.B.E., M.C., Q.C.,
1895-1957:
The Honourable
Henry Grattan (Harry) Nolan was born in Calgary,
Alberta, on May 5, 1893. He graduated from the
University of Alberta with a B.A. in 1914.
He fought in Europe during the First World War
where he was wounded in Cambrai, France. In 1918
he received the Military Cross. In 1921 he
graduated with
his second B.A. from Oxford University where he
attended as a Rhodes Scholar. He was called to
the English bar and bar of Alberta in 1922.
After moving
back to Calgary, he practiced with the firm of
Bennett, Hannah & Sanford. During the Second
World War he was appointed deputy to the Canadian Army
Judge Advocate General. After the war, he was
selected to be the Canadian prosecutor before the
International Military Tribunal trying war criminals
in the
Far East. For his war-time service, Justice
Nolan was created Commander of the Order of the
British Empire in 1946. He was appointed to the
Supreme
Court of Canada on March 1, 1956 where he served until
his untimely death at the age of 64 on July 8, 1957.
(available at http://archive.li/sOM0r#selection-681.4-705.1032,
accessed 17 July 2017);
Image
source: scc-csc.ca/judges-juges/image-eng.aspx?id=henry-grattan-nolan,
accessed 25 November 2017
Henry Grattan Nolan (photographer: Chris Lund, National Film Board
- Library and Archives Canada Collection (1971-271, # 78171)
____________"Henry G. Nolan fonds [textual record, graphic
material]", 4 cm of textual records and 5 photographs b&w.,
Library and Archives Canada,Other system
control no.:MAINS22289, Mikan
number 103728;
Biography / Administrative history
Henry G. Nolan, born in 1895 at Calgary, Alta., was
educated at the University of Alberta and Oxford
University. During World War I, he
served in the 49th Battalion and was awarded the Military
Cross. He was called both to the Bar of England and to the
Bar of Alberta in 1922
and practised law in R.B. Bennett's law firm. He enlisted
in the Canadian Active Service Force in 1940 and was
appointed Vice Judge Advocate
General, with the rank of Brigadier, 1944. In 1946, he was
appointed Prosecutor for Canada before the International
Military Tribunal for the Far
East. He was a Justice on the Supreme Court of Canada,
1956-1957.
See also: Encyclopedia Canadiana.
Scope and content Fonds consists of correspondence consisting of
letters of congratulations, letters of condolence and
focusing on his career as Justice of the
Supreme Court Canada, 1936-1957, 1964, Newspaper clippings
emphasizing the International Military Tribunal for the
Far East, 1942-1957,
an issue of the American Bar Association Journal which
contains the article "The Trial of Tojo", 1950. The fonds
also contains photographs
depicting activities of the Brigadier H.G. Nolan,
Prosecutor for Canada at the War Crimes Trials,
International Military Tribunal for the Far
East, Tokyo, Japan, 1947-1948.
___________on NOLAN, Brigadier Henry (Harry) Granton, see
McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military
Lawyers, Ottawa : Office of the Judge Advocate General,
c2002, at pages 62 and 66, available at i-xii and 1-102;
[at p. 2] Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
NOLAN, J. D., was a captain with
the OJAG in 1980 (source: Canadian Forces
Officer's List (Regular), A-AD-224-001/CFP/PFC
224), 31 December 1980, obtained from DND, Access
to Information and Privacy, file A-2019-00318, 13
February 2020);
Image
source: law.edu/fac-staff/noonem/, accessed 5 July 2017
Michael F. Noone
NOONE, Michael F., "Summary Trial: Does the U.S. Experience offer
any lessons for Canada?", 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 D, 27 p.; available at Annex A to D;
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;
NORMAN, F.J., Brigadier-General, headed a Canadian Forces
committee to report on Charter exemptions to top Defence
Department officials by 22 March 1982, see "Need for discipline
and order cited Military to seek exemptions from rights charter",
The Globe and Mail, 10 March 1982, at p. 8;
Mr. Lamontagne's [Minister of Nastional
Defence] spokesman said yesterday exemptions are needed
''to ensure the discipline and order that is necessary for
the Armed Forces.'' A forces committee is to
make recommendations on exemptions to top Defence Department
officials by March 22. ''We have
to take a look to see whether a problem is sufficiently
serious that we should seek an exemption or
whether we can turn around and say 'No, we'll accept the
bloody problem,' " Brig.-Gen. F. J. Norman,
who heads the committee, said in an interview.
Conseiller juridique du Comité de législation, à
l’Assemblée Nationale du Québec, puis greffier en loi de
la Législature, 1962-1971 et Sous-ministre associé de la
Justice (législation), du 17 juin 1970 au 1er novembre
1971
Sous-ministre de la Justice du Québec, du 1er novembre
1971 au 30 juin 1977
Sous-ministre des Affaires intergouvernementales, du
30 juin 1977 au 18 octobre 1982
Sous-ministre des Finances, du 18 octobre 1982 au 20
décembre 1987
Président et éditeur du journal «Le Soleil» de Québec,
du 21 décembre 1987 au 18 octobre 1993
Vice-président, Affaires corporatives, d’UniMédia
Inc., du 19 octobre 1993 au 28 septembre 1994
Sous-ministre des Relations internationales et
sous-ministre responsable de l’Immigration, du 28
septembre 1994 au 12 août 1996
MONSIEUR NORMAND A AINSI ÉTÉ SOUS-MINISTRE (EN TITRE)
PENDANT PRÈS DE 18 ANS, AUPRÈS DE 18 MINISTRES
DIFFÉRENTS ET ŒUVRÉ AUPRÈS DE 8 PREMIERS MINISTRES ISSUS
DE 3 PARTIS POLITIQUES
Président-directeur général de Télé-Québec (Société de
radio-télévision du Québec), du 3 septembre 1996 au 17
mai 1999
Retraité depuis le 17 mai 1999
[...]
VARIA
A fait partie de l’Armée canadienne qu’il a quittée avec
le rang de capitaine en 1960 après être passé par les
garnisons d’infanterie dela Citadelle de Québec, de Borden
en Ontario, du Fort Saint-Louis (Werl) en Allemagne
(1957), et par le bureau du Juge-avocat général adjoint
aux quartiers généraux de Montréal, en 1959
NORRIS, Thomas Grantham, 1893-1976, senior legal officer during
World War II:
Thomas Grantham Norris. In World War II he was a senior
legal officer for the Canadian forces. He had a
partnership with Russell J.G. Richards, and later was
appointed to the B.C. Supreme Court and B.C. Court
of Appeal.
[source: https://www.rbs.ca/about-us/#0,
accessed 20 October 2017]
----------
Biographical notes:
Thomas Gratham Norris was born in
Victoria, British Columbia. He articled with the law
firm Barnard, Robertson and
Heisterman and was admitted to the B.C. bar in 1919.
Norris practiced in Vernon and Kelowna as a lawyer for
the Soldier
Settlement Board and later in private practice. He
eventually moved to Vancouver and continued to work in
private
practice until 1959 when he was appointed to the B.C.
Supreme Court. In 1960 Norris was elevated to the B.C.
Appeal
Court. In 1961 he also sat on the Canadian Court
Martial Appeal Board as well as acting Deputy District
Judge of the
Admiralty. Norris was president of the Kelowna and
Vancouver Board of Trade, and president of the
Vancouver Bar
Association. He also served as a Bencher of the Law
Society from 1944 to 1957 and was elected Treasurer of
the
Law Society of B.C. from 1957 to 1958.
From the description of Thomas
Norris fonds. [ca. 1920-ca. 1974] (University of
British Columbia Library). WorldCat record id:
606463148
[Source: http://snaccooperative.org/ark:/99166/w6fn8vwf,
accessed 20 October 2017]
"Mr. Justice Norris is an authority on army legal
affairs. He won the military cross and bar in
the First World War and was Judge-Advocate General
of Field Marshall Montgomery's 21st Army Group in
the later days of the Second World War" in Canadian
Press, "Appeal Court Clears Major in
Smuggling", The Globe and Mail, Toronto, 15
March 1963, at p. 35.
Artillery Cuff Links - The Honorable Colonel Thomas
Grantham Norris QC
On 6 December 1968, the Honorable
Thomas Norris, Q.C., a judge of the Supreme Court of
British
Columbia presented a pair of suitably engraved gold cuff
links that were to be worn by the
Commanding Officer of the Regiment. Colonel Norris began
his military career as a Gunner with the
5th Regiment Canadian Garrison Artillery in Victoria. He
rose to the rank of Bombardier prior to
transferring to the 47th Battalion Canadian
Expeditionary Force when a former Commanding Officer
of the 5th, Lieutenant-Colonel William Norman Winsby,
commanded the unit and took it overseas. He
subsequently transferred to the Canadian Field Artillery
and from 1917 to 1918 he was a Lieutenant
with the 10th Battery Canadian Field Artillery, 3rd
Brigade and was awarded his first Military Cross
(MC) for conspicuous gallantry and devotion to duty during
operations from September 27th to 30th,
1918. His citation reads in part, as follows: When a
shell landed alongside "E" subsection gun, wounding
him and three Non Commissioned Officers (NCOs), he saw
the NCOs bandaged up and sent to the dressing
station, and though his wound was most painful, stayed
with the battery until the night of September 29th
when he was finally ordered out by the brigade medical
officer. The devotion to duty and coolness under
fire, of this officer, has always been an inspiration to
the men of this battery. One month later
he was
awarded a second MC. His second citation reads in part, as
follows: He went forward with a small patrol,
keeping in touch with the infantry, under heavy shell
fire, and sent back information. One of his men and
all of his horses were killed during the day, but he
continued on foot and persevered in the task of enabling
his battery to support the attack by the information he
sent back. After World War I, Norris was
called to
the Bar of British Columbia in January 1919 and practiced
law with Barnard, Robertson and Heisterman
in Vancouver BC. In September 1932 he was created King's
Counsel (KC). In World War 2, from 1941
to 1945 he was Judge Advocate General for the 21st Army
Group. After the war he was appointed Judge
of the Court of Appeal of British Columbia and the Court
of Appeal of the Yukon Territory, Judge of the
Court Martial Appeal Court of Canada, and District Judge
in Admiralty for British Columbia.
____________on NORRIS, Thomas Grantham, see Eric M Adams and Jordan
Stanger-Ross, "Promises of Law: The Unlawful Dispossession of
Japanese Canadians", (2017) 54-3 Osgoode Hall Law Journal
687, 2017 CanLIIDocs 3663, <http://www.canlii.org/t/sqns>;
___________on NORRIS, Thomas Grantham, see "Judge Norris retiring
after brillant career", The Ottawa Citizen, 3 August 1968
at p. 16; retrieved
from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2338629209?accountid=46526,
accessed 1 May 2020;
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
____________on NORRIS, Thomas Grantham, see Cumming, GS,"Nos
Disparus: The Honouranle Thomas Grantham Norris, MC, QC", (1977)
35(1) The Advocate 69; this reference is taken from Eric M
Adams and Jordan Stanger-Ross, supra;
NORTH AMERICAN AEROSPACE DEFENSE COMMAND (NORAD), the OJAG at NORAD,
see:
Assistant Judge Advocate
General - c/o NORAD-USNORTHCOM/JA (AJAG, Colorado
Springs)
250 Vandenberg St Suite B016
Peterson AFB
Colorado USA 80921
Telephone: 719-554-7635
Image source:
seeklogo.com/vector-logo/97457/nato, accessed 25 November 2017
NORTH ATLANTIC TREATY ORGANIZATION, web site, http://www.nato.int/, accessed
on 11 June 2014;
The current 58 NATO legal offices located in 22
nations are staffed with civilian and military lawyers who
provide advice on a large number of topics that require legal
expertise.
Depending on the mission of the organisation they support,
NATO legal advisors may work on actions involving public
international law, private international law, administrative
law, intellectual property rights, the law of armed conflict
and military operations, legal relations with host nations,
personnel, cyber defence, air and space, maritime,
contracting,
and procurement law.
Maj Guy
Noury, Legal Advisor to the Joint Task Force – Iraq, at
work in
Camp Canada, Kuwait. Officers from our Operational and
International Law
Division provide legal support to deployed CAF commanders
and their staffs
in all aspects of military law.
[source: https://twitter.com/jagcaf,
accessed 17 October 2018]
-
"Congratulations to Guy Noury, new CANEX customer from our
Berwick, NS branch. He is the winner of our random draw
for a 42" HDTV!"
[source: twitter.com/bluewaveenergy/status/834458211495325697,
accessed 17 October 2018]
O'BLENES, Sarah J., Major, lawyer, member of the OJAG; Deputy Judge Advocate at CFB Gagetown
(information 2016);
___________photo of O'BLENES, Sarah J., Major, with others:
Major Sarah O'Blenes, sixt from the left.
"Office of the JAG@JAGCAFJun
21 [2019] Congratulations to the
members of our Operational and International
Law Division on receiving the Public Safety, Defence and
Immigration Advisory Award 2019 for their work on the
National Security and Intelligence Committee of
Parliamentarians file!"
Image source:
globalmjreform.blogspot.com/2019/02/canadian-observatory-newsletter_16.html?utm_source=feedburner&utm_
medium=email&utm_campaign=Feed%3A+GlobalMilitaryJusticeReform+%28Global+Military+Justice+Reform%29,
accessed 17 February 2019
OBSERVATORY, The, which is "The Newsletter of the Canadian
Observatory for Military Justice Reform"; its editor is Major
(retired) Tim Dunne. The web site of the "Canadian
Observatory for Military Justice Reform" is at https://military-justice.ca/
(accessed 17 February 2019);
OFFICE OF THE CHIEF MILITARY JUDGE, Ministerial Organization Order,
Canadian Forces Organization Order and Designation of Commanding
Officers, documents obtained by François Lareau with Letter (file
A-2017-01754) dated 23 March 2018 from the Director , Access to
Information and Privacy; see documents at (accessed 2 April 2018);
available at http://www.lareau-law.ca/ChiefMilitary2Judge.pdf
(put on line on 2 April 2018);
photo reproduced from the book: McDONALD, R. Arthur, (Ronald
Arthur), Canada's Military Lawyers, Ottawa : Office of the Judge
Advocate General, c2002, at p. 215, available at 103-242
OFFICE OF THE CHIEF MILITARY JUDGE, "Military Justice and Court
Reporters", available at http://web.archive.org/web/20041021165505/http://www.forces.gc.ca/cmj/courtreporters.pdf
(accessed
on 11 November 2017); note: le document inclus la version française;
OFFICE OF THE COMMISSIONER FOR FEDERAL JUDICIAL AFFAIRS, "Military
Judge Position - How to Apply - Application File", 2018-08-03;
note: to find a military judge to try the Chief military Judge,
Col. Mario Dutil;
[Note: all sites were accessed on 24 October 2018]
-----
Sue O'Sullivan image source:
http://www.victimsfirst.gc.ca/abt-apd/mo-vo.html
OFFICE OF THE FEDERAL OMBUDSMAN FOR VICTIMS OF CRIME, Fairness
for all victims: Addressing the gap in the rights of victims of
crime within the Canadian military justice system, submission
to the Court Martial Comprehensive Review Submitted by Sue O
’Sullivan,
Federal Ombudsman for Victims of Crime, November 2016, 15 p.;
available at http://www.victimsfirst.gc.ca/vv/SCMCR-MCRCM/index.html?pedisable=true
(accessed 11 November 2017);
OFFICE OF THE INFORMATION COMMISSIONER, "News Release--Information
Commissioner launches a systemic investigation into the Department
of National Defence", 21 December 2019:
Gatineau, December 21, 2018 — The
Information Commissioner of Canada has initiated a
systemic investigation
into the Department of National Defence (DND) based
on allegations the department inappropriately withheld
information during the processing of access to information
requests.
The department has confirmed with Commissioner Maynard
that they will conduct an internal investigation into
these allegations. The Commissioner welcomes this action
while undertaking to conduct her own independent
investigation.
The Access to Information Act provides under
section 30(3) that the Information Commissioner may
initiate a complaint if
there are reasonable grounds to investigate a matter
relating to requesting or obtaining access to records.
The Act contains strict
confidentiality provisions to protect the integrity of
investigations under the Act. As such, no
additional information or comments can be provided.
...
For media enquiries, please contact:
Natalie Bartlett
Manager, Communications and Linguistic Services
Office of the Information Commissioner
Tel.: 819-994-1068
Email: Natalie.Bartlett@ci-oic.gc.ca
Image source:
oic-ci.gc.ca/eng/biography-biographie.aspx, accessed 5 July 2017
John Reid, Information Commissioner in 1999
OFFICE OF THE INFORMATION COMMISSIONER, "Remarks to CAPA
Conference", speech, 1999-10-20, available at http://www.oic-ci.gc.ca/eng/med-roo-sal-med_speeches-discours_1999_1.aspx
(accessed 29 June 2016);
Need I remind anyone that, in the records
alteration incidents at DND, senior officers including
officials of the Judge Advocate
General’s office were informed that orders had been given to
destroy records, yet no remedial action was taken by them.
Only
after a whistle-blower went to a member of the media,
who--in turn--came to the Information Commissioner’s office,
was action
taken to inquire into the matter.
Over the course of Canada’s mission to
Afghanistan, CAF
Legal Officers were deployed into that Theatre of Operations
on more than 100 occasions for tours of up to one year.
These
numbers represent a significant proportion of the Office of
the Judge Advocate General, which is only formed of 160
Regular
Force Legal Officers and 55 Reservists. The Legal Office’s
commitment to the Afghanistan mission is even more
impressive when its concurrent contribution to other
activities
is considered. From 2002 to 2013, up to 25% of the JAG
Office’s
effective strength was deployed on international operations
and
operational training exercises in any given year.
In Afghanistan, legal advice was provided in
several distinct
contexts. This included strategic advice to the
Government of
Afghanistan, operational law advice to both conventional
military operations and special operations at the battle
group and unit levels, administrative law and military
justice
advice to Provincial Reconstruction Teams, and mentoring
advice and training to those members of the Afghan
justice
and law enforcement community tasked with being the
boots
on the ground in the struggle to establish the rule of
law in
that country.
Support for the mission in Afghanistan was also provided
by those Legal Officers based in Ottawa working from
dedicated
groups within the Office of the Judge Advocate General
who
assisted their colleagues in Afghanistan when
particularly
specialized questions required detailed analysis by
these subject
matter experts.
......
....With the continuing growth in the complexity of
legal issues
arising from military operations, it is likely that the
demand
for legal advice and services from Canada’s military
lawyers
will continue.
Image source: http://www.journal.forces.gc.ca/vo9/no3/08-madden-eng.asp,
accessed on 6 November 2014
OFFICE OF THE JUDGE ADVOCATE GENERAL, Canadian Forces
Manual (Second Draft), [Ottawa]: [Office of the Judge Advocate
General] circa 1983-1984; there is a copy available at the
University of Ottawa, FTX General, KZ 6385 .C343 1984;
Research Note by François Lareau - Only available in
English. The first draft was written by Professor L.C.
Green; in his book, The Contemporary ,
Manchester/New York: Manchester University Press, 1993, Professor
Green, writes at p. xv: "This volume has grown out of the draft Manual
of
Armed Conflict Law that I prepared at the request of the
then Judge Advocate General, General Jack Wolfe, for the Canadian
Department of National Defence".
Note de recherche par François Lareau:
Seulement disponible en anglais. La première version
de ce livre fut exécuté par le professeur L.C. Green, qui
dans son livre The Contemporary , Manchester/New York:
Manchester University Press, 1993, écrit à la p. xv [traduction]
«Ce volume a été développé à
partir de la version Manual of Armed Conflict Law que
j'ai préparé à la demande du juge-avocat général du Ministère de
la Défense nationale du Canada de l'époque, le Général Jack
Wolfe.»
OFFICE OF THE JUDGE ADVOCATE GENERAL, "Celebrating a Century of
Canadian Military Legal Services", The Maple Leaf;
Today, approximately 180 members of the Military
Legal Branch support the Canadian Armed Forces as members
of the Office of the Judge Advocate General (JAG). Under the
leadership of the Judge Advocate General, Commodore
Geneviève Bernatchez, these members work as legal advisors
in the areas of operational law, military justice, and
military administrative law. Their files address law, at
home or abroad, for operations on land, at sea, in the air,
and
even in outer space or cyberspace; for all aspects of
military judicial processes such as the presumption of
innocence,
search, seizure, arrest and detention; and for all
personnel-related matters from recruitment to release and
beyond.
This requires in-depth knowledge, agility and personal
stamina to be able to maneuver through an environment of
hifting global allegiances, borderless conflicts, natural
disasters, evolving societal demands, pervasive
communications,
and rapid technological advancements.
[source: ml-fd.caf-fac.ca/en/2018/05/13621,
accessed 19 May 2018]
FRANÇAIS : BUREAU DU JUGE AVOCAT GÉNÉRAL, "Célébrer un siècle de services
juridiques des Forces armées canadiennes", La Feuille d'érable;
Aujourd’hui, environ 180 membres de la
Branche des services juridiques appuient les Forces armées
canadiennes
en faisant partie du Cabinet du juge-avocat général. Sous la
direction du juge-avocat générale, le commodore
Geneviève Bernatchez, ces membres font office de conseillers
juridiques dans les domaines du droit opérationnel,
de la justice militaire et du droit administratif militaire.
Leurs dossiers portent sur le droit applicable dans les
opérations
terrestres, maritimes, aériennes et même de l’espace
cosmique ou le cyberespace, au Canada ou à l’étranger et
touche
tous les aspects du processus judiciaire militaire tel que
la présomption d’innocence; les comportements sexuels
préjudiciables et inappropriés; les perquisitions, les
saisies, les arrestations et les détentions; ainsi que tous
les
sujets relatifs au personnel à partir du recrutement jusqu’à
la libération et même au-delà. L’évolution dans un
environnement caractérisé par des allégeances mondiales
changeantes, des conflits sans frontières, des catastrophes
naturelles, des demandes sociétales changeantes,
l’omniprésence des communications et la progression rapide
de
la technologie requiert une connaissance approfondie, de
l’agilité ainsi que de l’endurance.
[source: https://ml-fd.caf-fac.ca/fr/2018/05/13621,
visité le 19 mai 2018]
OFFICE OF THE JUDGE ADVOCATE GENERAL, Defence Counsel Study Team,
Provision of Defence Counsel Services in the Canadian Forces:
Report of the Defence Study Team, Ottawa, Office of the
Judge Advocate General, 1997, available at http://www.lareau-legal.ca/A-2018-02048.pdf;
obtained under an Access to Information Act request,
National Defence Access to Information and Privacy Request file
A-2018-02048 dated 26 February 2019, available at http://www.lareau-law.ca/A1a-208-02048.pdf
(accessed 25 March 2019); referred to by McNairn, "The Canadian
Forces' Criminal Law Firm: A Blueprint for Independence", Part I,
infra, p. 245; also referred to by McDonald, R.
Arthur, Canada's Military
Lawyers, infra,
at p. 165:
"One of the responses to the
Somalia Inquiry and Special Advisory Group recommendations was the
creation of a Defence Counsel Study Team to evaluate
different ways by which defence counsel services could be provided
in the CF. The Study Team analyzed seven different
possibilities involving civilian or
military lawyers. After all of the advantages, disadvantages
and costs were considred, and a pool of Canadian Forces
members was conducted as to the
preferred option, the Study Team made twenty-eight
recommendations, including the selection of a Regular Force
defence counsel organization. Most of
the recommendations were accepted and were reflected in the
amendments to the National
Defence Act and regulations." (p. 165)
OFFICE OF THE JUDGE ADVOCATE GENERAL, Digest of opinions and
rulings : Ottawa, March 31, 1944 compiled from the records
of the Office of the Judge Advocate-General at National Defence
Headquarters, [Ottawa : King's Printer, 1944], 353, [35] p.;
note: At head of title: "Not to be published"; notes: technical
manual; Judiciary, administration of Military justice; subjects:
Courts-martial and courts of inquiry;
[research on this publication by F. Lareau:
Copies of this publication can be found at the following
libraries:
- Library of Parliament, Ottawa, UB 505.5 1944;
- Library of the Supreme Court of Canada, KF7208 C36 1944;
- CWM LIBRARY / BIBLIOTHÈQUE DU MCG : REF TECH UB 845 C2 D5
1944; note CWN= Canadian War Museum/MCG=Musée canadien de la
guerre;
- National Defence, Headquarters Library/Défense nationale,
Bibliothèque du quartier général;
- 99.9% sure that the JAG library in Ottawa also has a copy;
- Western University, Western Libraries;
- National Defence, Directorate of Land Concepts and
Doctrine, Fort Frontenac Library/Défense nationale,
Direction des concepts et de la doctrine de l'Armée de
terre, Bibliothèque Fort Frontenac;
- University of New Brunswick, Gerard V. LaForest Law
Library; University of Victoria,UB506 C2;
Information obtained in part from AMICUS catalogue
As far as I know this publication has not been published;
nor do I have a copy.
One could get a copy by either an inter-library loan or by
an Access to Information Act (ATI) request.
Made an Access to Information request to NDHQ on 14 February
2019]
Image source:
http://spartanfleetjag.purpleglen.com/
, accessed on 6 November 2014
OFFICE OF THE JUDGE ADVOCATE GENERAL, Establishment of Canadian
Forces Judge Advocate General's School, Ottawa: Judge Advocate
General Library?, 2000?; copy at the JAG Library, Ottawa, call
number KF 7307 E88; noted from (2000) 2 JAG Newsletter at p.
74;
[obtained under DND Access to Information Act Request
file A-2018-00334, letter dated 12 June 2018;
put on line at http://www.lareau-legal.ca/A-2018-00334.pdf
on 16 June 2018]
OFFICE OF THE JUDGE ADVOCATE GENERAL, Judge Advocate General Primary
Reserve Study Team, Lieutenant-Colonel R.A. Mitchell, Commander L.C.
Markert, Major P.T. Crocco, and Captain D. Austin, JAG Primary
Reserve Study, Interim Report, 13 November 2012 under
DND Acess to Information and Privacy letter dated 3 February 2014,
file A-2013-01407 (posted on the
internet on 8 February 2014);
OFFICE OF THE JUDGE ADVOCATE GENERAL, List of all lawyers serving in
the JAG Office. For each JAG lawyer (and articling students)
indicating rank and name, the title of the of the position held on
July 1, 2016 and the date on which the said lawyer was posted,
assigned, transferred their position, NDHQ, Access to Information
and Privacy, file A-2018-01456 and A-2016-00675 (for both files, the
same request) ; put on line at http://www.lareau-legal.ca/List27Nov2018.pdf
on 27 November 2018);
OFFICE OF THE JUDGE ADVOCATE GENERAL, Manuals, see supra
under "Manuals";
OFFICE OF THE JUDGE ADVOCATE GENERAL, Military Justice
Handbook, [Ottawa?]: [Office of the Judge Advocate General],
1992?-?; [note the title might be instead: Courts Martial
Index of Canadian Forces or A Handbook for Military
Prosecutors] ; Research Note by François Lareau: I
consulted a copy of this document in the Acess to Information and
Privacy reading room at NDHQ, Ottawa on 24 April 1998; only part
of this publication was available but the index indicated that it
contained: - several indexes to courts martial by key word,
title and subjects (e.g.: defences, evidence, motions, pleas in
bar of trial; certain statutes; QR&Os, CFAOs); - indexes
to court martial appeals, e.g.: by topics, statutes, offences;
also a table of cases (alphabetical list and chronological list);
- prosecution practice notes and court martial opinions; FRANÇAIS : en anglais seulement; Note de recherche par
François Lareau: J'ai consulté une copie de ce document dans
la salle de lecture de l'Accès à l'information et protection des
renseignements personnels, QGDF, Ottawa, le 24 avril 1998;
seulement une partie de ce document était disponible mais l'index
indiquait le contenu: - plusieurs index sur les cours
martiales par mots-clés; titres et matières (par ex.: les moyens
de défense; preuve, les requêtes, fins de non-recevoir, certaines
lois, les ORFC, les OAFC); - des index pour la Cour d'appel
des cours martiales du Canada, ex.: sujets, lois, infractions et
aussi une table des arrêts (alphabétique et chronologique);
- des notes de pratique pouite des opinions concernant les cours
martiales;
OFFICE OF THE JUDGE ADVOCATE GENERAL, Military Justice
Materials: Sexual Offences and Sexual Harassment,
online: DIN
<http://jag.dwan.dnd.ca/training/publications/default_e.asp#SEXUALH>,
as mentioned in Manual Administrative Law, 2008 at p.
23-5;
OFFICE OF THE JUDGE ADVOCATE GENERAL, Military Rules of
Evidence, Ottawa: Judge Advocate General Library, 2000?;
copy at the JAG Library, Ottawa, call number KF 7628 M55; noted
from (2000) 2 JAG Newsletter at p. 72; summary: "A
collection of documents tracing the origin and development of the
Military Rules of Evidence 1951-1990";
OFFICE OF THE JUDGE ADVOCATE GENERAL, a multitude of
publications at the JAG
Web Site FRANÇAIS : CABINET DU JUGE-AVOCAT GÉNÉRAL, une multitude de publications
au site web du JAG
OFFICE OF THE JUDGE ADVOCATE GENERAL, "Report on the discipline
survey: the development of a training and education strategy",
Ottawa: Office of the Judge Advocate General, May 1998, 55 p.;
obtained by François Lareau, Access to Information Act
Request, file A-2015-00565, 19 June 2015; pp.
1-55;
important document;
OFFICE OF THE JUDGE ADVOCATE GENERAL, see Order in Council , P.C
495, 28 February 1918, "Militia and Defence Department - Legal
Branch to be constituted - Lieutenant Colonel O. M. Biggar to be
Judge Advocate General - Authority for appointment of Deputy Judge
Advocate General and assistants etc - M. M. and D. [Minister of
Militia and Defence]; see http://www.bac-lac.gc.ca/eng/discover/politics-government/orders-council/Pages/item.aspx?IdNumber=323683
(accessed 3 September 2016); (français: décret C.P 495,
28 février 1918);
OFFICE OF THE JUDGE ADVOCATE GENERAL, Selected orders in Council
and Treasury Board minutes, Ottawa : National Defence, [1942-,
4 v. (loose-leaf) ; 29 cm. NOTES: Preliminaries and index in
English only; text in English and French in parallel columns.
Kept up to-date by Amendment lists. A descriptive
listing (photocopies) of federal Cabinet orders and Treasury Board
minutes relating to the Dept. of National Defence. v. 3 :
some text in French in parallel column. Office of the Judge
Advocate General publication. Stewart Collection; copy
at Canadian War Museum, Hartland Molson Library/Musée canadien de
la guerre, Bibliothèque Hartland Molson, Place Vimy,
Ottawa, call number: KE 122 S35; v.1:1942-60; v.2:1961-67;
v.3:1968-73; v.4:Index; ****
OFFICE OF THE JUDGE ADVOCATE GENERAL, "Service Estates", date
modified:
The Minister of National Defence, in Ministerial
Order MCU2000-03830 of 3 August 2000, appointed the Judge
Advocate General (JAG)
as Director of Estates. On behalf of the JAG, the Estates
and Elections Section of the Directorate of
Law/Compensation, Benefits, Pensions
& Estates carries out the administration and
disbursement of military Service Estate entitlements in
relation to Canadian Armed Forces
members who die while serving full time in the Canadian
Armed Forces (CAF). This entails coordinating with unit
level personnel, JAG
field offices, the deceased’s executor or estate
administrator, family members and private sector legal
counsel to ensure that any legal
complications are resolved prior to authorizing the release
of personal effects and disbursement of the Service Estate
monetary entitlements.
OFFICE OF THE JUDGE ADVOCATE GENERAL, Service Estates &
Elections, online: DIN DIN
<http://jag.dwan.dnd.ca/estates_and_elections/default_e.asp>,
mentioned in Manual Administrative Law, 2008 at p.
11-7;
OFFICE OF THE JUDGE ADVOCATE GENERAL, Summary Trial Working Group,
Summary Trial Working Group Report, Ottawa, 2 March 1994, 2
volumes; 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 and is reproduced immediately
hereunder in PDF format;
- McNair, "Military Law Reform in Canada", supra, p. 53, note 21 states
that the recommendations of the report "were approved by the Armed
Forces Council in May 1994";
- Jerry S.T. Pitzul, Brigadier-General, and John C. Maguire,
Commander, "A Perspective on Canada's Code of Service
Discipline", JAG Newsletter, Vol.IV: Oct-Dec 1999,
pp. 6-16 at p. 13, note 47 state that the report' 59
recommendations were approved by the Armed Forces' Council
in May of 1994;
- this report is also cited in Judge Advocate General, 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 september to 31 march 2000,
supra, at p. 1;
The establishment of the Office of the Judge Advocate
General (Army) was authorized by the Canadian
Expeditionary Force Routine Order No. 327 in 1911. It
consisted of the Judge Advocate General, the
President of the Pensions and Claims Board, an Executive
Officer, a Secretary and a Chief Clerk. In 1917,
following the passing of the National Defence Act, the
Office of the Judge Advocate General became part
of the Department of National Defence. Its terms of
reference were to supervise and control the
administration
of Naval, Army and Air Force Law, to advise on all
matters leading up to the convening of Courts Martial
and
the review of proceedings, to deal with the recording of
proceedings of Courts Martial and their final
disposition,
to assist the Minister in the formulation of any advice
it may be necessary to give the Governor in Council with
regard to the proceedings of General Courts Martial, to
advise on and perform certain duties in relation to
matters of a legal nature within the Department of
National Defence and to revise and amend the Naval,
Military
and Air Force Law and regulations, when and as required
to do so. The Judge Advocate General was also legal
advisor to the Defence Research Board following its
creation in 1947. The JAG reported to the Deputy
Minister
and had three Deputies, one Naval, one Army and one Air
Force officer. In the 1950s, the office of the JAG was
divided by the following functional aspects:
international and general, legislation, special
projects, claims, pensions,
real property, patents and inventions, courts martial,
and estates and administration. Representatives of the
JAG in
the field could be legal officers of any of the three
Services and served all three Services in the area to
which they
are assigned. The Assistant Judge Advocates General in
the field were effectively legal advisers of the local
Flag
Officers, General Officers Commanding or Air Officers
Commanding in their respective areas. In addition to the
Assistant Judge Advocates General for regions within
Canada (Pacific, Prairie, Central, Eastern and
Atlantic),
there existed a Senior Legal Advisor Europe (SLEA). In
1958, eight naval, 38 army and 35 air force legal
officers
were employed on the staff of the JAG and staffs of
service headquarters and commands. In the early-1960s,
there
were 46 positions for lawyers on the establishment of
the JAG's office and 23 legal positions on service
establishments.
Until 1998 or 1999, the JAG's functions remained
essentially unchanged. However, at that time, the
function of
Department of National Defence (DND) and Canadian Forces
(CF) Legal Advisor (LA) was created. The DND/CF LA
is a unit of the Department of Justice that provides
legal advice to the Department and Forces on matters
other than
military law and the military justice system, in
accordance with the Department of Justice Act. The JAG
remains
responsible for matters involving military legal
components.
[available at: https://www.archeion.ca/office-of-judge-advocate-general-fonds,
accessed 30 January 2019]
OFFICE OF THE LEGAL ADVISOR TO THE DEPARTMENT OF NATIONAL DEFENCE
AND THE CANADIAN FORCES -- DND/CF LA, web site available at http://www.dndcfla.forces.gc.ca/en/home.page
(accessed
on 4 January 2013);
The Office of the DND/CF LA
provides legal services on issues relating to:
claims and civil litigation by and against the Crown,
including litigation support and instructions to litigation
counsel at the Department of Justice or to agents of the Crown
where DND/CF is suing or being sued;
contracting, procurement, real property and intellectual
property;
the drafting of regulations and legislation;
human rights, including assisting DND/CF
in preparing for hearings before the Human Rights Tribunal;
Official Languages;
Access to Information and Privacy;
conflict of interest;
labour relations and employment law;
preparing DND/CF to proceed to mediation;
the CF Personnel
Support Agency, the CF
Housing Authority, the Cadets and the National Search and
Rescue Secretariat;
the provision of health services to the CF;
Aboriginal matters;
environmental law, including safety and unexploded ordnance;
pensions and benefits for civilian employees;
financial authorities, including the application of the
Financial Administration Act; and
the proper application of the Treasury Board policy on
Claims and Ex Gratia Payments.
FRANÇAIS : CABINET DE LA CONSEILLÈRE JURIDIQUE AUPRÈS DU MINISTÈRE DE
LA DÉFENSE NATIONALE ET DES FORCES CANADIENNES -- CJ MDN/FC, site
disponible à http://www.dndcfla.forces.gc.ca/fr/accueil.page?
(vérifié le 4 janvier 2013) ;
Le Cabinet de la CJ
MND/FC fournit des services juridiques se rapportant :
aux réclamations et aux litiges contre le MDN et les FC; aux contentieux que l'État soumet
aux tribunaux; au soutien apporté aux avocats plaidants du
ministère de la Justice en leur donnant les directives
relatives aux litiges;
à la passation de marchés, à l'approvisionnement, aux biens
immobiliers et à la propriété intellectuelle;
à la rédaction de textes réglementaires et législatifs;
aux droits de la personne, notamment la préparation des
employés du MDN ou
des membres des FC
appelés à comparaître devant le Tribunal des droits de la
personne;
aux langues officielles;
à l'accès à l'information et à la protection des
renseignements personnels;
aux conflits d'intérêts;
aux relations de travail et au droit du travail;
à la préparation des employés du MDN ou des membres des FC appelés à comparaître
en médiation;
à l'Agence de soutien du personnel des Forces canadiennes, à
l'Agence de logement des Forces canadiennes, aux Cadets et au
Secrétariat national de recherche et de sauvetage;
à la prestation de services de santé aux Forces canadiennes;
aux questions autochtones;
aux pensions et avantages sociaux des employés civils;
au droit de l'environnement, à la sûreté nucléaire et aux
munitions non explosées.
aux pouvoirs financiers, notamment l'application de la Loi
sur la gestion des finances publiques;
à la bonne application de la Politique sur les réclamations
et paiements à titre gracieux du Conseil du Trésor.
OFFICE OF THE LEGAL ADVISOR TO THE DEPARTMENT OF NATIONAL DEFENCE
AND THE CANADIAN FORCES -- DND/CF LA:
- Draft Business Plan 2017/2018, 5
December 2016, at pp. 000001-000082, available at http://www.lareau-legal.ca/A-2018-00292.pdf,
put on line on 17 December 2018; obtained Department of
Justice, Access to Information Act request, reference
A-2018-00292, dated 21 November 2018;
- Draft Business Plan 2018/2019, 8 December 2017, at
pp. 000083-000164, available at http://www.lareau-legal.ca/A-2018-00292.pdf,
put on line on 17 December 2018; obtained Department of
Justice, Access to Information Act request, reference
A-2018-00292, dated 21 November 2018;
OFFICE OF THE LEGAL ADVISOR TO THE DEPARTMENT OF NATIONAL DEFENCE
AND THE CANADIAN FORCES -- DND/CF LA/CCL-RCAC--Claims and Civil
Litigation/Réclamations et contentieux des affaires civiles, Counsel/Avocats :
OFFICE OF THE LEGAL ADVISOR TO THE DEPARTMENT OF NATIONAL DEFENCE
AND THE CANADIAN FORCES -- DND/CF LA/DLAGCPLA-CJAAGCJD--Deputy Legal
Advisor and General Counsel, Public Law Advisory Services/Conseiller
juridique adjoint et avocat général, conseiller juridique en droit
public, Counsel/Avocats :
OFFICE OF THE LEGAL ADVISOR TO THE DEPARTMENT OF NATIONAL DEFENCE
AND THE CANADIAN FORCES -- DND/CF LA/LAS-SCJ--Legal Advisory
Services/Services de consultation juridique, Counsel/Avocats
:
OFFICE OF THE LEGAL ADVISOR TO THE DEPARTMENT OF NATIONAL DEFENCE
AND THE CANADIAN FORCES -- DND/CF LA/MERPL-DMEI--Material,
Environment and Real Property Law/Droit de matériel, de
l'environnement et de l'immobilier, Counsel/Avocats
:
OFFICE OF THE LEGAL ADVISOR TO THE DEPARTMENT OF NATIONAL DEFENCE
AND THE CANADIAN FORCES -- DND/CF LA/NSL-DSN--National Security
Law/Droit de la sécurité nationale, Counsel/Avocats
:
OFFICE OF THE LEGAL ADVISOR TO THE DEPARTMENT OF NATIONAL DEFENCE
AND THE CANADIAN FORCES -- DND/CF LA/PLL-DPT--Public and Labour
Law/Droit Droit public et du travail, Counsel/Avocats
:
-------
Image source:
zvab.com/buch-suchen/textsuche/militia/,
accessed
Image source: contentdm.ucalgary.ca/digital/collection/cmh/id/57380/,
2 January
2019
accessed 2 January 2019
Image source: www.ebay.com....
accessed 3 January 2019
OFFICERS' LIST (see also under "LIST", this bibliography)
Officers' Lists
Published officer's lists can be invaluable in
recreating the career of a military officer, whether he
be in the Canadian armed forces, a Canadian serving in
the British forces or a British officer in Canada. It
must be emphasized that these lists do not include
enlisted men; their purpose was to record the seniority
of individual officers publicly. Use of the lists
covering a period of years will show promotions and
transfers and eventual retirement. Some lists, such as
the Defence forces list, Canada or Hart's
annual army list, are also rich in personal
detail. Note that the British lists also included
officers of the Canadian armed forces while Canada was
still a colony.
The advent of the computer has meant the end of a
celebrated but idiosyncratic tradition of very useful
officers' lists. This was first seen in The Royal
Canadian Air Force list, which gave nothing more
than name, rank, serial number, date of seniority and
date of birth. The Canadian Forces officers' list,
published annually since integration of the Canadian
Armed Forces in 1965, gives no more detail than that.
Using it involves privacy issues, because of the
inclusion of birth dates for officers who are still
alive and serving, and, for many years, social insurance
numbers, which were also used as service numbers. For
these reasons the researcher may not find it readily
available in libraries.
Canada. Air Force. - The Canadian Air Force
list. - Ottawa: King's Printer,
[1921?]-[1922?]
_____. - The Royal Canadian Air Force list. -
Ottawa: [s.n.], 1924-1966.
Frequency varies.
Issued in mimeographed form until 1942.
Canada. Dept. of Militia and Defence. - The
militia list. - Ottawa: Queen's Printer,
1867-1929.
Title and frequency vary, e.g. - The
annual volunteer and service militia list of Canada
(1867) or - The quarterly militia
list of the Dominion of Canada (1900).
Superseded by Defence forces list, Canada.
Canada. Dept. of National Defence. - The
Canadian Army list. - Ottawa: King's
Printer, 1940-1966.
Title varies, e.g. - Gradation list,
Canadian Army Active (1940-1945); - Canadian
Army (Regular) list (1959-1966).
Annual.
_____. - Defence forces list, Canada (naval,
military and air forces). - Ottawa: King's
Printer, 1930-1939.
Title varies somewhat. Supersedes The militia
list. Superseded by The Canadian Navy list,
The Canadian Army list and The Royal
Canadian Air Force list.
Canada. Dept. of the Naval Service. - The
Canadian Navy list. - Ottawa: King's
Printer, 1914-1965.
Issued by the Dept. of National Defence from 1923.
Frequency varies, sometimes quarterly, but at least
annually.
Canadian Forces Officers' List (Regular) = Liste des
officiers des Forces canadiennes (force régulière),
Department of National Defence, copy of various years at
the Canadian War Museum Library, UA 600.3 A2;
OHANESSIAN, Vahe, legal officer with the OJAG, reserve force, see
Major David Hodson, "Honoring Vahe Ohanessian", Durlaw
Voice, Volume I, issue IV, Spring 2015, at p. 4; available
at http://www.durhamregionlawassociation.com/SpringDURLAW2015.pdf
(accessed 10 January 2016; article about Vahe Ohanessian;
O'Hara,
Jane with Brian Bergman, John Geddes, Brenda Branswell,
Shanda Deziel, Stephanie Nolen and Cindy Harnett, "Speaking out
on sexual assault in the military: A
pioneering fighter pilot adds her story to the growing disclosures",
1 June 1998 issue, Maclean's
-- Canada's Weekly NewsMagazine; available at http://www.macleans.ca/news/canada/speaking-out-on-sexual-assault-in-the-military/
(accessed on 23 November 2014);
Image
reproduced from Google
Image, accessed on 2 June 2014
Image
source: https://www.youtube.com/watch?v=xqvvfNEVOSk, accessed 16
August 2016
Jane O'Hara
O'HARA, Jane, "Abuse of Power: Critics say the military justice has
failed", Maclean's,
13 July 1998, Volume 111, Issue 28, p. 16-20, ISSN
0024-9262;
-------
From the left: Cdr Sheila Archer and Lt(N) Carl
Monk From the
left: Cdr Sheila Archer and Lt(N) Mike Baker
O'HARA, Shawn, "New JAG lawyers are sworn in", LOOKOUT MARPAC
News, CFB Esquimalt, Victoria B.C., volume 58, number 20, 21 May
2013, www.lookoutnewspaper.com, at p. 14 available at http://www.lookoutnewspaper.com/issues/58/2013-05-21-20.pdf
(accessed on 23 November 2015);
In a small ceremony in the
courtroom located in the AJAG office, two naval lawyers were
sworn into the practise of law in
British Columbia.
Lt(N) Carl Monk and Lt(N) Mike Baker, who
both attended law school under the Military Law Training
Plan, have passed their bar exams and finished their period as
articled students. They took an oath and were sworn in as
lawyers
on May 14, and are now legal officers within the Office of the
JAG.
LCol
Steven Richards
___________"New prosecution office opens", 15 April 2013, CFB
Esquimalt Navy News on Line, available at http://www.lookoutnewspaper.com/new-prosecution-office-opens/
(accessed on 13 February 2015); article about LCol Steven Richards;
Image
source: researchgate.net/profile/Eamonn_Okeeffe, accessed 11
November 2016
O'KEEFFE, Eamonn, " “Such Want of Gentlemanly Conduct:” The General
Court Martial of Lieutenant John de Hertel", (2016) 25(2) Canadian
Military History, second article; available at scholars.wlu.ca/cmh/vol25/iss2/2/
(accessed 11 November 2016); with the same title at https://1812andallthat.wordpress.com/suchwantofgentlemanlyconduct/
(accessed 20 May 2017);
Image source:
cfc.forces.gc.ca/136/294-eng.html, accessed 26 January 2017
Alan Okros
OKROS, Alan, "Civil-military Relations: The Broader Context" in
Angela R. Febbraro, 1963-, Irina Goldenberg, 1974-, Waylon Dean,
editors, Canadian Defence Academy, Canada, Canadian Armed Forces.
Wing, 17., The defence team : military and
civilian partnership in the Canadian
Armed Forces and Department of National Defence / edited by Irina
Goldenberg, Angela R. Febbraro, and Waylon H. Dean.
Subtitle on cover: Military & civilian partnership in the
Canadian Armed Forces & Department of National Defence,
Kingston, ON : Canadian Defence Academy Press, [2015], iii, 268
p., at pp. 47-68: ill., charts ; 23 cm. NOTES: Produced
for the Canadian Defence Academy Press by 17 Wing Winnipeg
Publishing Office. Includes bibliographical references and
index. Available also on the Internet. Issued by:
Canadian Defence Academy Press. ISBN: 9781100253565 (pbk.).
ISBN: 1100253564 (pbk.) ISBN: 1100253572 (bound), available
at http://cradpdf.drdc-rddc.gc.ca/PDFS/unc204/p802756_A1b.pdf#page=60
(accessed 26 January 2017);
OKROS, Alan and Denise Scott, "Gender Identity in the Canadian
Forces A Review of Possible Impacts on Operational Effectiveness",
(April 2015) 41(2) Armed Forces & Society 243-256;
Abstract
One of the most prominent debates over minority participation
in the military has been whether or not inclusive policies
would undermine operational effectiveness.
While the adoption of inclusive policy has tended to indicate
that minority participation does not compromise effectiveness,
the question has not yet been tested in
the context of transgender military service. In this paper, we
conduct the first-ever assessment of whether policies that
allow transgender troops to serve openly have
undermined effectiveness, and we ask this question in the
context of the Canadian Forces (CF), which lifted its
transgender ban in 1992 and then adopted more
explicitly inclusive policy in 2010 and 2012. Although
transgender military service in Canada poses a particularly
hard test for the proposition that minority inclusion
does not undermine organizational performance, our finding is
that despite ongoing prejudice and incomplete policy
formulation and implementation, allowing
transgender personnel to serve openly has not harmed the CF’s
effectiveness. (source: http://afs.sagepub.com/content/41/2/243.abstract#aff-2,
accessed 13 November 2015)
OLEXIUK, Eileen, Alex Neve, Craig Scott, Chris Alexander, Peggy
Mason, "Is the Afghan
detainee case unfinished business? A defence minister who
served in Afghanistan. A new International Criminal Court
investigation. Ongoing calls for an inquiry. Will Canada's handover
of detainees come back to haunt this government?", OPENCANADA.ORG,
14 June 2017, available at https://www.opencanada.org/features/afghan-detainee-case-unfinished-business/
(accessed 4 July 2017);
What motivated you to write this particular book?
[Fighting the Legal Boundaries]
For a significant period following the 9/11 attacks until
2010, while serving first as the Deputy Judge Advocate
General/Operations and
then as the Judge Advocate General, I was responsible for
the provision of operational law advice regarding Canada’s
air, sea, land and
Special Forces operations both overseas and in Canada. It
quickly became evident to me that for the Canadian
perspective to be properly
represented on the international stage, and to ensure our
military operations were not improperly constrained, it
was crucial for the Office
of the Judge Advocate General to engage in the strategic
dialogue taking place regarding 21st Century conflict. In
this endeavour I was
assisted by a group of very talented military lawyers,
including a number of military colleges’ graduates. For me
this engagement included
writing academic articles about operational law issues for
publication in international law journals, and
participation in working groups
with other State legal advisors, human rights advocates
and academics. I have had articles published on a variety
of subjects such as targeted
killing and proportionality, the interface between law
enforcement and armed conflict, and the law applicable to
terrorism and complex
security threats. A critique I wrote on the International
Committee of the Red Cross’s interpretation of “direct
participation in hostilities”
has been widely referred to in academic discussion. This
latter concept establishes who qualifies as a lawful
target during armed conflict,
and identifies which persons qualify for the protection of
civilian status. My book represents post retirement
continuation of that effort.
......
Photo
Source: http://www.historymuseum.ca/research-and-collections/research-staff/dean-oliver/,
accessed 13 November 2015
OLIVER, Dean F. (Dean Frederick), 1965-, "The Canadian military
after Somalia" in Fen Osler Hampson and Maureen Appel Molot, eds.,
Leadership and dialogue, Toronto : Oxford University Press,
1998, iv, 304 p., at pp. [99]-118 (Series; Canada among Nations),
ISBN: 0195414063;
From the left: Maj G. Turner, LCdr H.G. Oliver and F/L.J.M.
Simpson, Metz, France, 1954, photo reproduced from JAG Newsletter,
volume 1, 2004 at p. 13.
&
Photo of
Hubert (Bert) Oliver from (Nov-Dec 2000) JAG Newsletter --
Bulletin d'actualités at p. 55.
OLIVER, H.G. (Hubert Galt/Hubert G.) ("Bert"), 1922-2000, "Canadian
Military Law" (1975) 23 Chitty's Law Journal 109-119; a
photocopy reproduction of this article is found in Oliver, Our
Criminal Courts, infra, at Appendix I;
_________Notes on Hubert Oliver taken from JAG Alumni, " 'Gentleman
judge' Oliver remembered", (Nov-Dec 2000) JAG Newsletter --
Bulletin d'actualités at p. 55:
Capt(N) "Bert" Oliver served 28 years in the RCN and
the CF, 21 years of which were in the Office of the JAG.
His first years of naval service were
in coastal vessels, corvettes, frigates, and destroyers.
He came to the Office of the JAG in 1951 and served in NDHQ,
Halifax, Vancouver, Esquimalt,
Metz (France), and Edmonton. He attended NDC in Kingston
and prior to taking his retirement in 1972 he was the Chief
Judge Advocate for the CF.
Upon leaving the CF he assumed a position with the Law Reform
Commission of Canada before being appointed a Provincial Court
Judge in Calgary.
[He died 12 October 2000].
___________Our Criminal Courts, [Calgary(Alberta): H.G.
Oliver], 1995, ii, 7, 194, [Appendix 1, 11], [Appendix 2, 8]
pages, 28 cm., ISBN: 0969942109; copy at Library and Archives
Canada; copy at the Library of Parliament;
see in particular:
- Part I : "Office of the Judge
Advocate General - Canadian Forces 1950-1972" (Chapter 1: Courts
Martial; 2: Courts Martial Appeals; 3. Other Judge Advocate
General Functions, Especially Claims By and Against the Crown; and
a chapter 4 on the Canadian Military College);
- Part III: "(A) Important
Differences Between the Military Courts Martial System and the
Provincial Criminal Court System in Canada...[partial title of
Part III]";
___________on OLIVER, H.G., Colonel, appeared for the Crown,
respondent in the Court martial Appeal Court of Canada, see Regina
v. Weselak, 1972 CanLII 1450 (CMAC), <http://canlii.ca/t/htwl7>
and (1972) 9 C.C.C. (2d) 193;
___________on OLIVER, H.G., photo in Calgary Herald, 28 June 1958 at
p. 18, available at https://www.newspapers.com/image/...., accessed
28 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 OLIVER, H.G., see obituary at "Judge Hubert Oliver", Calgary
Herald, Saturday, 21 October 2000, at p. 135, available at
https://www.newspapers.com/...., accessed 30 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
(Col Ret'd) Charles S. Oliviero, CD, PhD, image source: https://www.qyrang.ca/honoraries,
accessed 17 September 2020.
OLIVIERO, Charles S., 1954-,"Operation 'Delivrance': International
Success or Domestic Failure?", (Summer 2001) 2(2) Canadian Military Journal
51-58; available at http://www.journal.forces.gc.ca/vo2/no2/doc/51-58-eng.pdf
(accessed on 24 April 2012); FRANÇAIS : OLIVIERO, Charles S., "Opération 'Délivrance' : succès
international ou échec national?", (été 2001) 2(2) Revue militaire canadienne
51-58; disponible à http://www.journal.forces.gc.ca/vo2/no2/doc/51-58-fra.pdf
(vérifié le 24 avril 2012);
Col Pat
Olson (left) with MGen J. Pitzul (source: (2005) 1 Les actualités JAG Newsletter
at p. 15)
OLSON, Colonel P. (Patrick) (Pat) J., "Leadership and the Law",
(2005) 1 Les actualités JAG
Newsletter 15-21; FRANÇAIS : OLSON, Colonel P., "Le leadership et la loi", (2005) 1 Les actualités JAG Newsletter
21-28;
Colonel Olson joined the Canadian Forces in 1980
as a member of 25 Toronto Service Battalion, a Reserve unit.
From 1982 to 1984,
he commanded the Military Police Platoon of that unit.
He transferred to the Regular Force in 1984, after
graduating from Osgoode Hall Law School and being called
to the Ontario Bar.
Colonel Olson served in the JAG Branch first as a member
of the Defence Team and then in the Directorate of
Law/Legislation,
Regulations and Orders. From 1986 to 1989, he served as
Deputy Judge Advocate, Trenton. From 1989 to 1991, he
served in the
Directorate of Personnel Legal Services.
In 1992/1993, Colonel Olson received post-graduate
training at the University of Ottawa, earning a degree in
Legislative Drafting.
In 1993, he served as a member of the UN War Crimes
Investigation team in Croatia as a site leader for the
excavation of a series of
mass graves.
From 1994 to 1999, Colonel Olson served as Director of
the Law/Legislation, Superannuation and Finance
directorate at NDHQ.
From 1999 to 2002, he served as Assistant Judge Advocate
General in Toronto.
From September 2001 to January 2002, he deployed to
Bosnia as legal advisor to SFOR HQ. In the spring of 2002,
he was
posted to Ottawa as JAG Special Assistant.
In April 2003, he was promoted to Colonel and appointed
to the position of Deputy Judge Advocate General/Human
resources.
___________on OLSON, Colonel Patrick, see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa :
Office of the Judge Advocate General, c2002, at p. 170, available
at
103-242;
____________"Promoting the Rule of Law -- A Value Apart", (2006) 1 JAG Les actualités -- Newsletter
55-66; notes: "National Security Course 7 Canadian Forces College,
May 2005"; available at http://www.cfc.forces.gc.ca/259/281/277/olson.pdf
(accessed 5 March 2015);
- Boards of Inquiry:Families in Focus
(http://www.ombudsman.forces.gc.ca/en/ombudsman-reports-stats-investigations-boi/boards-of-inquiry.page),
April 2015;
OTTAWA — Civil liberties lawyer Paul Champ on Tuesday
accused retired general Rick Hillier of "trivializing"
torture when the country's former top
soldier compared Afghan detainees and inmates at Ontario's
Millhaven penitentiary during testimony last month to a
House of Commons committee.
Champ, representing Amnesty International and the British
Columbia Civil Liberties Association, and retired diplomat
Gar Pardy, former head of
consular affairs, testified at an informal hearing of the
committee looking into allegations that senior government
and military officials turned a blind
eye to a risk of torture of detainees transferred into
Afghan custody by Canadian military forces in 2006-07.
O'NEIL, Terence, Captain, from Vancouver was the defending officer
in the murder case by court martial referrred 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; the co-accused at another court
martial was Pte John Merkley;
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
OPEN SOCIETY JUSTICE INITIATIVE, "Comparative Analysis of
Preliminary Investigation Systems in Respect of Alleged Violations
of International Human Rights and/or Humanitarian Law", New York, 10
August 2010, 27 p., deals with Canada, see for example "Canada"
starting at p. 22; available at http://www.opensocietyfoundations.org/sites/default/files/comparative-analysis-20100810.pdf
(accessed on 4 November 2014);
--4th Judge Advocate General, 1920-1950
Brigadier-General Reginald John Orde,
source of photo: McDonald, R. Arthur, Canada's Military Lawyers,
supra, at p. 36
Born: 15/05/1893 Toronto, Ontario
Married: 1919 Dorothy Cook No Children
Died: 03/06/1975 Ottawa, Ontario
Honours
06/01/1945 CBE Brigadier-General JAG
24/02/1945 Commander The Order of Orange Nassau
Netherlands
04/01/1952 CStJ Commander, Order of St. John
Brigadier-General
07/01/1955 KStJ Knight, Order of St. John
Brigadier-General
KC King’s Council
1950 CD Canadian Forces Decoration and two Clasps
Civilian
1913 B.A. Trinity College, University of Toronto
LLD Osgoode Hall
Military
09/1914 Bombardier 2nd Battery, Canadian Field Artillery
01/1915 2nd Lieutenant 13th Brigade Royal Field
Artillery Meerut Div.
03/1915 2nd Lieutenant To France RFA
05/1915 2nd Lieutenant Wounded at Festubert, Givenchy,
Loos.
09/1915 Lieutenant Royal Field Artillery
12/1915 Lieutenant RFA in Mesopotamia for Tigris Relief
Column
07/1916 Lieutenant Invalided in July
10/1916 Lieutenant Returned to Canada
1917 Captain R.S.A. Kingston; Instucting
04/1917 Captain 67th V. of T. Battery Overseas
10/1917 Captain Invalided Home
05/1918 Captain Judge Advocate General Staff
12/1918 Major Judge Advocate General Staff
1919 Major Assistant Judge Advocate General
1920 Lieutenant-Colonel Judge Advocate General (JAG)
1931 Lieutenant-Colonel Imperial Defence College
1950 Brigadier-General Retire as JAG (30 Years)
___________ biographical notes (includes notes on his wife also):
Brigadier General Reginald John Orde (service nos.
40467 and C40467) was born 15 May 1893 at Toronto, Ontario,
Canada. Orde received his BA
at the University of Toronto and a Law Degree from Osgoode
Hall. He enlisted as a private in the 15th Brigade, Canadian
Field Artillery, on 22
September 1914 and embarked from Quebec on 3 October 1914.
During the war, he served with the Royal Field Artillery and
Indian Army. Orde
began as an Acting Corporal overseas on 13 October 1914; was
struck off strength to the Imperial Army on 18 January 1915;
was commissioned
as 2nd Lieutenant, Royal Field Artillery, on 21 January 1915
and served with the 8th Battery, 13th Brigade, BEF, until 26
December 1915. Orde
then joined Meerut Division, Indian Corps, on 26 December
1915 and travelled to Mesopotamia. He was seconded to the
Relief Force on 10 January
1916; invalided to India on 10 June 1916; invalided to the
United Kingdom on 5 October 1916; and taken on as
Lieutenant, General List, Canadian
Expeditionary Force (Canadian Field Artillery) in October
1916. Orde was on leave in Canada until 17 January 1917, and
taken on strength with
the Reserve Brigade, Canadian Field Artillery, on 31 January
1917. He returned again to Canada on 9 May 1917 and served
as Assistant, Judge
Advocate General, and Judge Advocate General into the 1920s.
He was made a Captain, Royal Canadian Artillery, in February
1920; a temporary
Colonel in March 1928; a Major, Royal Canadian Artillery, in
1930; a Lieutenant-Colonel on 1 April 1938; a Colonel and
Judge Advocate General,
National Defense Headquarters, on 1 September 1939; and a
Brigadier on 6 June 1940. His medals and decorations
include: Commander-Order
of the British Empire, January 5, 1945; Canada Volunteer
Service Medal (with clasp); War Medal 1939-1945; and
Commander of the Netherlands
Order of Orange-Nassau (with swords), February 24, 1945 by
HM the Queen of the Netherlands. Reginald John Orde died in
Ottawa, Ontario, on
3 June 1975. He is buried at Beechwood Cemetery.
___________ "Canadian Military Law", (1943) 5 Federal Bar Association Journal 29;
Brigadier Orde was the Judge Advocate General from 1 February 1920
to 5 May 1950;
- from a biography concerning General
Henry Duncan Graham Crerar, commander of the
First Canadian Army during WW II:
Harry’s [Crerar] father, a member of the Royal
Golf Society of Canada and the
Canadian Association of Amateur Oarsmen, communicated to
him a passion for
sport.
....
A member of the University Club of Toronto, he [Crerar]
took every opportunity
to golf; a frequent partner was a young law student,
Reginald John Orde, a future
judge-advocate-general in the armed forces.
...
His [Crerar'a] passion for golf grew; he was said to be
unapproachable after a bad game.
- his father, the Hon. John Fosbery Orde "in 1907, 1911 and
1912 was President of the Royal Ottawa
Golf Club and President of the Royal Canadian Golf
Association for 1911 and 1912", see "Illness
Fatal to Justice Orde", The Globe, Toronto, 2
August 1932, 1 at p. 2 and retrieved from http://
biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/1352151085?accountid=46526
-
___________on ORDE, Brigadier Reginald J., see "Army Has Its Lawyer
For Run of Problems", The Evening Citizen, Ottawa, Friday, 3
December 1943 at p. 21:
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[Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/...., ProQuest, accessed 29 April 2020]
___________on ORDE, Brigadier Reginald J., see "Brig. Orde Retiring
From Defence Post", The Windsor Star, Windsor, Ontario,
Tuesday, 9 May 1950 at p. 11, available at
https://www.newspapers.com/...., accessed 27 May 2020;
Among Brig. Orde's bigger jobs in his 27 years in
the
legal branch was the preparation of legal regulations and
laws governing the wartime Commonwealth Air Training
Plan.
___________on ORDE, Brigadier Reginald J., see "Canadiens décorés
par la Hollande", Le soleil, Québec, 23 février 1945 à la p.
1; disponible à http://collections.banq.qc.ca/ark:/52327/3439367
(vérifié le 15 mars 2019);
___________on ORDE, Brigadier Reginald J., see "Three Ottawa
Officers Appointed Commanders of Orange-Nassau Order", The
Evening Citizen, Ottawa, Friday, 23 February 1945 at p.
20; retrieved from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2337636535?accountid=46526,
accessed 30 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 ORDE, Brigadier Reginald J., see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa :
Office of the Judge Advocate General, c2002, at pages 31, 34, 35-44,
46, 53, 66-70, 71, 89, 207 and 209. 82 and 209, available at i-xii and 1-102
and
103-242;
___________on ORDE, Brigadier Reginald J., see "ORDE, REGINALD
JOHN", The War Memorial Volume of Trinity College, Toronto,
Toronto: Printers Guild Limited, 1922 at pages 108-109; available at
http://static.torontopubliclibrary.ca/da/pdfs/warmemorial00younuoft.pdf,
accessed 3 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 ORDE, Brigadier Reginald J., see Ross Munro, "Brig.
Orde Retiring", The Evening Citizen, Ottawa, Monday, 8 May
1950 at p. 20; retrieved from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2338054959?accountid=46526
, accessed 2 May 2020;
------
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key and scrolling the wheel
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being viewed
___________on ORDE, Brigadier Reginald J.'s father, the Hon. John
Fosbery Orde, 1870-1932, see "Illness Fatal to Justice Orde", The
Globe, Toronto, 2 August 1932 at p. 1;
...
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
[Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/...., ProQuest Historical Newspapers,
accessed 13 March 2019]
___________on ORDE, Colonel, testified before the House of Commons
public accounts committee on 22 March 1939, see "Indemnity Bond Not
Obtainable", The Winnipeg Tribune, Wednesday 22 March 1939,
at p. 24, available at https://www.newspapers.com/image/....,
accessed 22 May 2020;
____________research note of 29 January 2018: Colonel Orde is the
subject of discussions in the House of Commons, Hansard, 13 February
1939, subject: Bren Machine Gun Contract:
The house resumed from Thursday, February' 9,
consideration of the motion of Mr. MacNeil: That the
agreement between the government and the John
Inglis Company, of Toronto, for the manufacture of Bren
machine guns, the report of the royal commission dealing
with said agreement, and all
related documents, evidence, vouchers and exhibits, be
referred to the standing committee on public accounts; and
the amendment thereto of Mr. Stevens. Mr. JEAN-FRANCOIS POULIOT
(Temis-couata): Mr. Speaker, to say a few
more words about the Bren gun contract required
inspiration.... At page 3948 the commissioner said: I do not
know yet, from the evidence, who was the solicitor
really acting for the government, the Department of
National Defence. That was left in the shade, probably
because every counsel was afraid of the kind of
evidence which was to be given by the one who
is not a judge or an advocate or a general, but who is
the judge advocate general. At page 800 of Hansard of
February 9 the hon. member for St.
Lawrence-St. George (Mr. Cahan) said this: Then there
is another young officer, with whom I am not
acquainted, Colonel Orde, judge-advocate general
of the Department of National Defence, who was
called upon without any expert assistance to draft a
very important contract.
[Mr. JEAN-FRANCOIS POULIOT INSULTING THE
JUDGE ADVOCATE GENERAL, 13 February 1939]
Here is the judge advocate general of the
Department of National Defence, who is entirely and
absolutely incompetent, and
who takes comfort from the fact that he is helped by counsel
acting for the other parties. It is enough to disbar any
lawyer
whose name appears on the law list, and I do not see why
this has not been brought out by other members who have
spoken
previously. It is something formidable. Here we have a man
who, according to the evidence, can hardly sign his name,
who
cannot draft a contract, who has had no experience. You know
the number of people who are engaged in that sort of work
in the British war office, the British admiralty and the
British air force. Here we have that man with a grade 4
clerk and a
grade 3 stenographer, both of them incompetent, both making
plenty of mistakes which were the cause of 'trouble. He
cannot do anything; he has to rely on counsel for the other
party to do his own work. I continue quoting:
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___________"Some Aspects of Canadian Service Law and the Office of
the Judge-Advocate General in Canada", (December 1944) 1(3) The Judge Advocate Journal
8-11
and 18; available at http://www.loc.gov/rr/frd/Military_Law/pdf/JAG_I-3.pdf
(accessed on 28 November 2011); this is a U.S.A. publication;
___________"The Statute of Westminster: Notes on the Application of
the Statute and Complementary Legislation to the Armed Forces of
Canada", (October 1933-July 1934) 11 Canadian Defence Quarterly 213-223; available at http://www.lareau-legal.ca/orde46.pdf
( (accessed 6 September 2017); the rank of Orde indicated in the
article at p. 213 is that of Colonel; copy available at the
Directory of History and Heritage, 2nd floor of the Colonel Charles
P. Stacey Building, 2429 Holly Lane, Ottawa, Ontario;
__________Transcript
of Interview with Brigadier
[R.J.] Orde, 24 Jul 73, 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; VERY
IMPORTANT CONTRIBUTION TO
THE OJAG HISTORY;
"Ordinariat militaire du Canada— Statuts commentés/Military
Ordinariate of Canada— Annotated Statutes", (2013) 73(2) The Jurist: Studies in Church Law
and Ministry 645-679; sur cet article, voir http://muse.jhu.edu/article/548273
(consulté le 21 février 2019);
Image:
www.collectionscanada.gc.ca/pam_archives/public_mikan/index.php?fuseaction=genitem.displayEcopies&lang=eng&rec_nbr=3192926&title=Privy+Council+Chamber+%28Parliament+Buildings%29+&ecopy=a008388,
accessed 28 September 2016
Privy Council Chamber, Parliament Buildings after 1886
ORDERS-IN-COUNCIL dealing with matters of aid to the civil power
/Décrets concernant l'aide au pouvoir civil:
- P.C. (Privy Council) 1996-833
(registered as Order-in-council number 833 in 1996), 4 June 1996,
"Canadian Forces Assistance to Provincial Police Forces
Directions, to specify the procedure associated with the making of
and response to a provincial request for military assistance
(Canadian Forces) to police Operations carried out under
provincial authority, to resolve disturbances of the peace
affecting the national interest", available at http://www.cda.forces.gc.ca/cfmlc-cdmfc/doc/CollectionofDocumentsonDomesticOperations.pdf
(pp.
276-279 of the publication, Domestic
Operations
-- Collection of Documents, B-LG-007-000/AF-001;
accessed on 13 January 2012); FRANÇAIS : .C.P. 1996-833,
4 juin 1996, "Instructions sur l'assistance des forces canadiennes
aux corps policiers des provinces", disponible à http://www.cda.dnd.ca/cfmlc-cdmfc/doc/DOCD-ONRD-fra.pdf
(pp.
289-292 de la publication Opérations
nationales
-- Recueil de documents, B-LG-007-000/AF-002;
vérification du 28 novembre 2011);
- P.C. 1993-624 (registered as
Order-in-council number 624 in 1993; 30 March 1993) Canadian
Armed Assistance Directions which set out the procedures for the
provision of armed assistance by the Canadian Armed Forces to
the Royal Canadian Mounted Police in order to deal with
disturbances of the peace affecting the national interest,
effective April 1, 1993, available at http://www.cda.forces.gc.ca/cfmlc-cdmfc/doc/CollectionofDocumentsonDomesticOperations.pdf
(pp.
309-311 of the publication, Domestic
Operations
-- Collection of Documents, B-LG-007-000/AF-001;
accessed on 13 January 2012); FRANÇAIS: .C.P. 1993-624,
30 mars 1993, "Instructions relatives à l'assistance armée fournie
par les forces canadiennes à la Gendarmerie royale du Canada afin
de maitriser des troubles touchant l'intéret national", disponible
à http://www.cda.dnd.ca/cfmlc-cdmfc/doc/DOCD-ONRD-fra.pdf
(pp. 286-288 de la publication Opérations
nationales
-- Recueil de documents, B-LG-007-000/AF-002;
vérification du 28 novembre 2011);
- P.C. 1975-131 (Approved by the
Governor-General, Jules Léger, on 23 January 1975; replacing
P.C. 2304 of 1 June 1948), Assistance
to Federal Penitientiaries Order (directions regarding
the Solicitor General of Canada or the Commissioner of
Penitentiaries' request to the Chief of the Defence Staff to
despatch to a federal penitentiary a military force for the
purpose of aiding in suppressing, preventing or otherwise dealing
with a disturbance ...which is beyond the powers of the
penitentiary staff to suppress or prevent (not official title of
the order-in-council as it has none), available at http://www.cda.forces.gc.ca/cfmlc-cdmfc/doc/CollectionofDocumentsonDomesticOperations.pdf
(pp.
274-275 of the publication, Domestic
Operations
-- Collection of Documents, B-LG-007-000/AF-001;
accessed on 13 January 2012); FRANÇAIS : C.P. 1975-131,
23 janvier 1975 remplaçant le C.P. 2304 du 1er juin 1948,
(directives pour le Solliciteur général du Canada et le
Commissaire des pénitenciers pour demander au chef de l'état-major
de la défense d'envoyer un détachement militaire dans un
pénitencier fédéral dans le but d'aider à mater, à prévenir ou à
régler de quelque autre manière les troubles qui s'y sont produits
ou rsquent de s'y produire lorsque le personnel dudit pénitencier
n'est pas lui-même en mesure de mater ou de prévenir ces
troubles), disponible à http://www.cda.dnd.ca/cfmlc-cdmfc/doc/DOCD-ONRD-fra.pdf
(pp.
293-294 de la publication Opérations
nationales
-- Recueil de documents, B-LG-007-000/AF-002;
vérification du 13 janvier 20012);
"Ordre général. A une cour martiale générale tenue à Chambly, lundi
le 17 mai dernier,... / J.T. Taschereau, dep. adj. gen. des
milices.", disponible à http://collections.banq.qc.ca/ark:/52327/1934978
(vérifié le 29 mars 2018);
and ............
James W. O'Reilly Patrick Healy
source: FederalCourt
source: McGill
(photo credit Couvrette)
O'REILLY, James W. and Patrick Healy, Independence in the Prosecution of Offences in
the Canadian Forces: Military Policing and Prosecutorial
Discretion -- A study prepared for the Commission of
Inquiry into the Deployment of Canadian Forces to Somalia,
[Ottawa]: Minister of Public Works and Government Services Canada,
1997, viii, 125 p., ISBN: 0660170809, Cat. no. CP32-64/8-1997E;
available also 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;
also available at http://publications.gc.ca/collections/collection_2015/bcp-pco/CP32-64-8-1997-eng.pdf
(accessed 29 March 2015)
- Table
of
Contents ;
- Summary
of
Recommendations (pp. 91-93) FRANÇAIS : O'REILLY, James W.et Patrick Healy, L'indépendance
des poursuites engagées relativement à des infractions commises
dans les Forces canadiennes: La police militaire et le pouvoir
discrétionnaire de poursuivre - Étude préparée pour la Commission
d'enquête sur le déploiement des Forces canadiennes en Somalie,
[Ottawa]: Ministère des travaux publics et Services gouvernementaux
Canada, 1997, vii, 142 p., ISBN: 0660956888, No de catalogue:
CP32-64/8-1997F; aussi disponible sur le CD-ROM 1997 de la
Commission, Un héritage documentaire - Recueil des ressources de
la Commission d'enquête sur le déploiement des Forces canadiennes
en Somalie, supra; aussi disponible à http://publications.gc.ca/collections/collection_2015/bcp-pco/CP32-64-8-1997-fra.pdf
(site vérifié le 29 mars 2015);
- Table
des
matières;
- Recommandations
(pp.103-105);
Image
source: https://twitter.com/orfali, accessed 29 July 2016
Philippe Orfali
ORFALI, Philippe, "Des milliers de délits commis dans l'armée"
LaPresse.ca, 15 février 2010;
«Les bases où l'on voit les
plus hauts taux (de conduite en état d'ébriété) sont celles d'où
proviennent beaucoup de soldats (envoyés) en Afghanistan. Après
avoir été encadrés strictement, il se peut qu'il y ait une
certaine recrudescence au niveau de l'abus d'alcool à leur
retour.» En réalité, les cas de conduite en état d'ébriété
seraient six fois plus élevés dans les forces de terre que dans
l'ensemble de la population canadienne.
«Un problème systémique»
De retour au pays et mal outillés
pour faire face au syndrome de stress post-traumatique, de
nombreux soldats sombrent dans l'alcool, soutient Me Drapeau. «Ce
ne sont pas des cas isolés. C'est un problème systémique. Les
soldats, ce sont des gens éduqués qui risquent leur vie pour le
Canada. Ils boivent non pas par imbécillité, mais parce qu'ils
sont désemparés. Le Canada faillit à sa tâche de les aider.»
De cette détresse découlent aussi
plusieurs cas de violence conjugale et de consommation de drogue,
croit-il.
Image
source:
searcharchives.vancouver.ca/oscar-orr-in-military-uniform,
accessed 12 September 2018
Oscar Orr in 1943, Vancouver Sun
ORR, Oscar (J.O.E.), 1892-1992, "Ex-circus boy, soldier,
lawyer, chief magistrate, Oscar Orr dies at age 100", The
Vancouver Sun, 4 November 1992, at p. B5; officer in charge
of the Canadian War Crimes Liaison Detachment – Far East, however,
was not a member of JAG according to McDonald, Canada's
Military Lawyers, at p. 66; however, see Sweeney, The
Canadian War Crimes Liaison Detachment – Far East and the
Prosecution of Japanese “Minor” War Crimes, at p. 47 and
Still, Larry, "B.C. Law Society honors man who judged Japanese
after war: [3* Edition]", The Vancouver Sun, 18
November 1988, at p. B8, available at https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview/243606316/4FB4AC8D00AC4C18PQ/6?accountid=46526
(accessed 29 May 2018);
.
After a brief stint in the navy, he joined the 29th
Vancouver Batallion and, a few days before his 24th
birthday, at Ypres, German shrapnel
blew away part of his face. He returned to Canada to
receive his law degree and spent the rest of the war
working in a supply depot.
Between wars, Orr became assistant city prosecutor and
city prosecutor. In 1941 he rejoined his old regiment as a
lieutenant-colonel in the
judge advocate-general's office.
In 1945, he was posted to Japan to spend 14 months as
chief Canadian prosecutor at the Japanese War Crimes
trials. His detachment tried 50
cases in which Canada was interested, in Tokyo, Singapore
and Hong Kong.
___________on ORR, see "Canada To Aid in Jap War Crime Trials", The
Winnipeg Tribune, Friday, 19 April 1946 at p. 17; available
at https://www.newspapers.com/...., accessed 22 May 2020;
---------
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key and scrolling the wheel
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being viewed
___________on ORR, Lieutenant-Colonel O., see 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;
Photo source:
searcharchives.vancouver.ca/magistrate-oscar-orr-in-his-office,
accessed 12 September 2018
"Magistrate Oscar Orr in his office", ca 1955,
Vancouver Sun
___________on Orr, see “Orr’s Ordered Court,” B.C.
Magazine, 27 June 1953, reference from Sweeney, The
Canadian War Crimes Liaison Detachment – Far East and the
Prosecution of Japanese “Minor” War Crimes, at p. 47;
___________on Orr, see the article: STILL, Larry, "B.C. Law
Society honors man who judged Japanese after war: [3* Edition]", The
Vancouver Sun, 18 November 1988 at p. B8:
Profile of Oscar Orr
The guest of honor at the Vancouver Law Courts building
Thursday night wasn't exactly a contemporary of B.C.'s
first judge, Sir Matthew Baillie Begbie, but almost.
In fact, 96-year-old Oscar Orr, former Vancouver city
prosecutor and longtime chief magistrate, was born in
1892,
just two years before the fabled Begbie died.
More than 300 judges and lawyers, including Chief
Justices Allan McEachern and Beverley McLachlin, along
with
Attorney-General Bud Smith, gathered to honor Orr for his
services to the law.
Fittingly, the award Orr received from the Law Society of
B.C. was a bronze statuette of Begbie, astride the horse
he rode as he brought law and order to the Crown colony,
cast by Pender Island sculptor Ralph Sketch.
"This award is intended to honor the truly exceptional
within our profession," said law society treasurer Dennis
Mitchell, "the person who stands out from the crowd."
Born in Battleford, Sask., where his father was a member
of the North West Mounted Police, Orr received his early
schooling in Ontario. Moving to New Westminster in 1908,
he articled as a student with a local law firm.
Orr joined the navy at the outbreak of the First World
War, but three months later transferred to the 29th
battalion
Vancouver Regiment). He was called to the B.C. bar in
1916, while still serving.
Severely wounded in France, Orr returned to Vancouver and
practised law with a private firm until 1928, when
he joined the city prosecutor's office.
Appointed head of the department in 1931, Orr gained a
reputation over the next 17 years as a fair-minded chief
prosecutor who tempered his work with a broad
understanding of human nature.
Despite his earlier war wound, Orr rejoined his old
regiment at the outbreak of the Second World War and
subsequently spent six years, 1941 to 1947, in the judgeadvocate-general's office.
It was in this capacity that Orr was posted in 1945 to
Japan, where he spent 14 months as chief Canadian
prosecutor
at the Japanese War Crimes Trials.
Reputation for fairness
Orr and his staff of 10 officers assigned to the Canadian
war-crimes liaison detachment dealt with 50 cases. Of the
50
Japanese convicted, seven were sentenced to death and four
to life imprisonment.
Returning to Vancouver, Orr resumed his role as chief
city prosecutor until 1948, when he was appointed a police
magistrate for the city. He was promoted to senior
magistrate in 1953.
As a judge, Orr continued to enhance his reputation for
fairness, often interrupting lawyers to make sure the
accused
knew what was being said.
A non-drinker who tolerated social drinkers, Orr was
nonetheless very tough on drunken drivers, advocating
mandatory
breath tests long before the law was enacted.
Orr stepped down from the bench at age 70 in 1962.
Choosing to end his long career on a sweet instead of
sour note, Orr told the last accused drunk to appear
before him:
"I can acquit you without any damage to my conscience -
although I may have some doubts as to your innocence."
Illustration
Black & White Photo; KEN OAKES; HONORED:
96-year-old Oscar Orr with award
[Source: ProQuest, Canadian Major Dailies,
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....;
accessed 5 November 2018]
___________on Orr, see the article: Walden, Frank, "42 Years in
Courtroom 'Enough;' Oscar Orr Quits", The Vancouver Sun,
Tuesday, 31 July 1962 at p. 2; excellent and long article on Orr;
___________on Orr, see the article: White, Kayce, "Retired
magistrate enjoys no-worry life", The Vancouver Sun, 3
July 1992, at page B4;
James Oscar Fitzalan Orr II was born on the Red
Pheasant Indian Reserve in the Northwest Territories, was
educated at local schools in Ontario and British Columbia,
and received his law degree at the Vancouver
Law School. In 1914 he served on the HMS Newcastle and later
enlisted in the 29th Vancouver Regiment.
He served in France and was wounded at Ypres. Upon his
return to Canada in 1916 he was promoted to
the rank of Captain and was appointed adjutant of the 1st
Depot Battalion at Vancouver until he was discharged
after further surgery in 1918.
He was called to the Bar in 1916, and around 1935 was
appointed Assistant City Prosecutor. In 1941 he again
served in the army and was appointed Assistant JudgeAdvocateGeneral, Pacific Command.
He was later
promoted to the rank of Major, and was also made a K.C. at
this time. In 1945 he was promoted to the rank of
Lieutenant-Colonel and was given command of the Canadian
War Crimes detachment for SEA Command,
Admiral Lord Mountbatten of Burma and SCAP, and General Douglas MacArthur. In
the course of his duties
in this position, Orr travelled to Washington, Ottawa,
Singapore, Hong Kong, Saigon, Tokyo, Shanghai, and
Yokohama.
In 1947 Orr was appointed City Prosecutor, and in 1948
was appointed a deputy Police Magistrate, and was
made a member of the Vancouver Police Commission. He was
later appointed Senior Police Magistrate, a
position he retained until his retirement in 1962. In 1962
he was appointed Freeman of the City of Vancouver.
Image source:
Google
Image, accessed on 12 May 2014
ORSONNENS, L.G. d'Odet (Louis Gustave d'Odet), comte d',
1842-, Projet d'organisation
militaire pour la confédération canadienne, Montréal,
1868, disponible à http://www.archive.org/details/cihm_50740
(vérifié le 25 février 2012);
ORSYK, George, "A Case of Unreasonable Doubts - Lingering
questions about NIS' ineptitude of probing senior brass", (shipped
July 1999), volume 7, issue 2, Esprit de Corps, at pp. 9
and 23; NIS is the Canadian Forces National Investigation Service;
___________"A Tale of Two Investigations [by the NIS]", (shipped
December 1999), volume 7, issue 7, Esprit de Corps, at pp.
11 and 20; NIS is the Canadian Forces National Investigation
Service;
___________"Is it time to unionize Canada's armed forces? Esprit
de Corps, 1 June 1998;
"Change has crept into the military. People notice
it, they record it, but they don't talk about it too
much, less they be considered disloyal."
from R. Jolly's Military Man, Family Man
Once again, much like the 1970's, our servicemen and
women are asking themselves what options are available
to help restore the trust and,
by the same token, restore their quality of life as
well as the CF's operational effectiveness. Once
again, the senior leadership is trying to take
the lead and posit the same ideas they had mentioned
almost thirty years ago. They range from better
leadership, grievance procedure reforms
and the creation of an ombudsman.
Vice-Admiral Hennessy, the Chief of Personnel at
Armed Forces Headquarters in 1970, for example,
stated: "The responsibility of the officers
to look after their men is traditional. …
OSBORNE, John C., Captain, R.C.A., attached with the JAG
"Department" at Canadian Military Headquarters, The
Evening Citizen, Ottawa, Friday, 19 June 1942 at p. 3, see
photo hereunder; Retrieved from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2337608242?accountid=46526,
accessed 30 April 2020;
___________on OSBORNE, John C., see
his death notice in The Ottawa Citizen, Tuesday, 20
August 1985 at p. 22, available at
https://www.newspapers.com/image/....., accessed 24 June 2020;
OSBORNE, KENNETH (KEN)
Kenneth Osborne served in the Canadian Forces for 24 years.
As a lawyer with the Office of the Judge Advocate General,
his key posts included roles with NATO, the Strategic Joint
Staff, and as a Deputy Judge Advocate. He is a veteran of
peacekeeping operations in Bosnia-Herzegovina and combat
operations in Afghanistan. Deploying to Afghanistan on two
occasions, he served as the lawyer to Canada's Special
Operations Task Force, and subsequently deployed as legal
mentor
in a rule of law capacity with the US Forces. For service as
a mentor in Afghanistan, he was awarded the United States
Meritorious Service Medal. Mr. Osborne's community
involvement includes service with the Town of Aurora Council
Compensation Committee and he has volunteered with the
Government of Canada Charitable Workplace Campaign.
Following retirement from the military, Mr. Osborne now
resides in Stoney Creek, Ontario, and works with the Law
Society of Upper Canada.
[source: pas.gov.on.ca/scripts/en/bios.asp?boardID=722&persID=168004,
accessed 17 March 2018; also available at https://www.pas.gov.on.ca/Home/AgencyBios/22,
accessed 10 March 2019]
___________ "Clarifying the Role and Responsibilities for
Aboriginal Consultation and Accomodation / Clarifier
l'obligation de consulter et d'accomoder les Premières
nations", (2007) 1 JAG Les actualités Newsletter 76-78; article en Français et en
anglais; article in French and English;
Source
of image: JAG Les actualités /Newsletter, volume 1, 2006
at p. 10
Lt(N) Kenneth Osborne, left, congratuled by MGen Jerry Pitzul,
JAG, for his promotion to the rank of LCdr
Canadian Forces Military Law Centre
June 2015- Present (8 months)
As a lawyer and training development
specialist with the Canadian Forces Military Law Centre, I
am responsible for supporting the design, delivery,
evaluation and validation of military legal education and
training within the military justice, public
administrative and international legal pillars.
The CFMLC mandate is to provide legal education and
training to military members in order to assist them in
preparing to meet the challenges
associated with current and future operations.
Additionally, I am responsible for the generation of legal
research in the areas of military justice
and military law, and provide support to the development
of Canadian Armed Forces doctrine governing those legal
disciplines.
......
Deputy Judge Advocate Borden
Canadian Forces
April 2011-June 2015 (4 years 3 months)
As the Deputy Judge Advocate for CFB Borden I am
responsible for proving legal support and advice to the
Base Commander and his units,
including Military Police in areas such as military
justice matters, administrative legal issues, including
Boards of Inquiry and Summary
Investigations to one of the Canadian Forces largest
military training establishments. In addition, I am also
responsible for the provision of
legal training to units on the Base. CFB Borden trains
15,000 personnel annually and employs approximately 3500
military members and 1500
civilian employees.
..........
Legal Advisor
– (3 years 4
months)
Legal Advisory Services (LAS) is a
Directorate with the Canadian Forces Legal Advisor’s
Office (DND CFLA) providing legal services on a
variety of issues, impacting DND/CF. LAS clients cover a
wide range of activities, including Public Service and
Labour, Health Services,
Search and Rescue, Non Public Property, Public Affairs and
Reserves and Cadets. As a Legal Advisor with CFLA I
provided general legal
advice in a variety of Public Law areas and was the legal
advisor to the Deputy Provost Marshal (Security). I also
appeared as DND/CF
Counsel before the Security Intelligence Review Committee
(SIRC).
____________on Ken Osborne, was appointed to the Soldiers’ Aid
Commission as a Commissioner in November 2017, see web site of
Annual Report Of The Soldiers' Aid Commission 2017-2018, available
at https://www.mcss.gov.on.ca/en/mcss/open/sac/201718_AnnualReport.aspx
(accessed 19 August 2019);
Source of image: http://www.ischool.utoronto.ca/zachary-osborne-2013-recipient,
accessed 25 September 2016
Zachary Osborne
OSBORNE, Zachary J., Queer Consequences: Homosexualiy and its
Penalties in the Canadian Military, 1939-1945, thesis
Bachelor of Arts with Honours in History, Acadia University, April
2007, vi, 86 leaves; available at https://zacharyosborne.files.wordpress.com/2009/12/queer_consequences.pdf
(accessed 25 September 2016);
OSWALD, Bruce "Ossie", "Detention of Civilians on Military
Operations: Reasons for and Challenges to Developing a Special Law
of Detention", (2008) 32 Melbourne University Law Review
524-553; available at http://www.mulr.com.au/issues/32_2/32_2_5.pdf
(accessed on 25 June 2014);
OTTAWA CITIZEN (Newspaper), "Canadian quietly writes humanitarian
law into Afghan security contracts. The Canadian military has
quietly revised its contracts with private-security providers in
Afghanistan to ensure they obey international humanitarian law,
which prohibits attacks on civilians", 27 May 2008; available at http://www.canada.com/topics/news/national/story.html?id=8ba7014d-f640-4fb3-a88d-c541ecd7cf65
(accessed on 2 November 2014);
"To commemorate the centennial in 2017 of the Battle of Vimy
Ridge, Art
Linton (JD ’12) [on the right ] of the Vimy Foundation
presented Osgoode Dean
Lorne Sossin with a Vimy Commemorative Coin on Friday, March 10,
2017 on
behalf of the Law Society of Upper Canada. Linton said the coin is
“in remembrance
of the service and leadership of the many Canadian law students,
lawyers, and judges
who served in WWI generally and at Vimy in particular.” Linton
also thanked Sossin
for his "service and leadership." "
OTTAWA CITIZEN, "Court martial of major [Karen Forster] improper,
says lawyer [Bruce Gunn of Edmonton before the Court Martial
Appeal Court of Canada]", The Ottawa Citizen, 18 May 1989,
at p. E-1;
[research notes:
- convicted by a General Court Martial at CFB Edmonton on 2
May 1988;
- appeal by Ms. Forster dismissed by the Court Martial
Appeal Court of Canada, see (1989) 5 C.M.A.C.;
- R. v. Forster, [1992] 1 S.C.R. 339, available at scc-csc.lexum.com/scc-csc/scc-csc/en/item/838/index.do;
appeal allowed and a new trial was ordered; Lt.‑Col.
K. S. Carter and
Maj. M. H. Coulombe were part of the
counsel team of Her Majesty The Queen]; see site of
Manitoba Archives on the SCC decision at http://pam.minisisinc.com/SCRIPTS/MWIMAIN.DLL/125366034/1/3/559973?RECORD&DATABASE=LISTINGS_WEB_INT
(accessed 31 December 2017);
- no new trial;
- redress of grievance resulted in her re-enrolment in the
Canadian Forces;
- $45,000 damages awarded by Alberta Court
of Queen’s Bench justice Myra Bielby on 19
November1993:
Medicine Hat News (Newspaper) - November 20,
1993, Medicine Hat, Alberta A2 - Saturday, November
20,1993,
THE MEDICINE HAT NEWS Military ‘pompous’ court rules
General ordered pay major $45000 EDMONTON (CP)
— Members of the military are not above civilian law and
a "pompous" Canadian Armed Forces general must
compensate
a female subordinate for his acts, an Alberta Court of
Queen’s Bench justice ruled Friday. Maj. Karen Forster
was
awarded $45,500 in damages by Justice Myra Bielby who
found that Gen. William Buckham acted ' maliciously■’
when he had Forster arrested and charged more than five
years ago. Buckham, base commander of Candían Forces
Base
Edmonton, arrested Forster because of his “anger and ill
will" and used "dramatic and intrusive mecha- nisms” to
do so,
Bielby wrote in her decision. The general relieved
Forster of her duties as base comptroller in January
1988. He claimed
that her management style was "aggressive and
offensive.” Forster believed she had been fired and
failed to turn up for
a temporary posting in Ottawa. She was later arrested,
charged and held overnight on two separate occasions in
March
and April 1988. The April charges were dropped, but a
court martial found Forster guilty of being absent
without leave
on the March charge. She was demoted and fined $4,000.
The Supreme Court of Canada over- tumed that decision
last year. Forster was reinstated as a major earlier
this year and given a six-year contract at National
Defence Headquarters
in Ottawa. She launched the civil suit against five
officers — Buckham among them
[source: "General ordered to pay major $45,000.00", Medicine
Hat News, 20 November 1993, at p. 2, see: newspaperarchive.com/medicine-hat-news-nov-20-1993-p-2/,
accessed 21 December 2017].
OTTER, Chris, Canadian military justice: Confederation to the
National Defence Act, thesis, M.A. (history), 2003, Guelph
University, subject: C13D01 - Canada since Confederation / General
History; Advisor: Prof. James Grant Snell, 1940- 2017; (source: http://www.cha-shc.ca/english/dissertation/view/7823/#sthash.lj7VqrcP.JXEc4wxh.dpbs;
accessed 26 May 2017); research notes: the thesis is not in the
library, verification made 1 January 2018; Mr. Otter is "Product
and tools consultant at London life / Great-West Lifeco Inc", see
https://ca.linkedin.com/pub/dir/Chris/Otter; to contact the
author, try: https://www.greatwestlifeco.com/contact-us.html;
sent an email at his corporation on 23 May 2019;
"Canadian Military Justice": Confederation to the
National Defence Act - See more at:
http://www.cha-shc.ca/english/dissertation/view/7823/#sthash.lj7VqrcP.dpuf
---------
Image source: archive.org/details/guidemanualforca00otte
Photo of Sir William Otter, on the dust jacket of the
book: Moron, Desmond, The Canadian General Sir William Otter,
Toronto: Hakkert,
1974
___________on OTTEWELL, R.P. (Richard Philip), see "R.P.
Ottewell: War Veteran Practiced Law", The Globe and Mail,
20 May 1963 at p. 5; became a lawyer after world war I;
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: http://www.cfc.forces.gc.ca/136/295-eng.html,
accessed 25 September 2016
Dr. Éric Ouellet
Résumé
Au Canada, les années 1990 sont souvent décrites comme la
« sombre décennie » par les militaires. Ce fut une
époque difficile pour l’institution
militaire canadienne qui, assiégée de toutes parts, dû se
résigner à s’adapter aux nouvelles réalités de
l’après-Guerre froide, mais aussi à se
rapprocher des normes et des valeurs de la société
canadienne. La mission canadienne en Somalie, en 1992-1993,
fut l’événement catalyseur de
ces changements, où le manque d’éthique et les problèmes de
disciplines firent scandale. L’éthos du « vrai »
guerrier, issu de la Guerre froide,
était en conflit avec les attentes de la société canadienne
qui se représentait ses forces armées comme une force de
casques bleus. C’est dans
ce contexte que les Forces canadiennes se réformèrent par un
compromis institutionnel où l’identité militaire fut
reconstruite autour de la notion
implicite du soldat-diplomate. Cet article retrace les
dynamiques institutionnelles qui menèrent à ce compromis.
Plan de l'article
Introduction
La Somalie : un
bref rappel des faits
Le contexte
institutionnel plus large
La dimension cognitive
de la légitimité ou le retour inopiné de Clausewitz
La dimension normative
ou le passage du guerrier au soldat-diplomate
La dimension régulative
ou le départ inopiné d’Huntington
Conclusion
[Source:
http://www.cairn.info/revue-guerres-mondiales-et-conflits-contemporains-2013-2-page-55.htm,
visité 25 septembre 2016]
.............
Abstract
In Canada, the 1990s were often described by the military as
the “decade of darkness.” This was a difficult time for the
Canadian military,
which was socially under siege, and had to both adapt to the
new realities of the post-Cold War and to realign its norms
and values with
those of Canadian society. The Canadian mission in Somalia
(1992–1993) was a catalyst for these changes, as ethical
lapses and discipline
problems turned into a scandal. The “true warrior” ethos, a
legacy of the Cold War, was in conflict with the
expectations of Canadian society,
which thought of its armed forces as a peacekeeping force.
It is in this context that the Canadian Forces implemented
reform through an
institutional compromise in which the military identity was
reconstructed around the implicit notion of the
soldier-diplomat. This article traces
the institutional dynamics that led to this compromise.
[Source:
http://www.cairn-int.info/resume.php?ID_ARTICLE=E_GMCC_250_0055,
accessed 25 September 2016]
OUELLET, Fernand, "Les officiers de la milice et la structure
sociale au Québec", dans Colloque international d'histoire militaire
(4e: 1978: Ottawa, Ont.), Commission canadienne d'histore militaire,
Commission internationale d'histoire militaire, Actes du 4e
Colloque international d'histoire militaire : Ottawa 23-25 VIII
1978 = Records of the 4th International Colloquy on Military
History : Ottawa 23-25 VIII 1978 = Verhandlung der 4
Internationalen Tagung für Militärgeschichte : Ottawa 23-25 VIII
1978 Records of the 4th International Colloquy on Military
History Verhandlung der 4 Internationalen Tagung für
Militärgeschichte, Ottawa : [s.n.], 1979, Secrétaire général
de la Commission canadienne d'histoire militaire, Service
historique, Quartier général de la Défense nationale, 101, promenade
Colonel By, Ottawa K1A 0K2,: xviii, 326 p., aux pp. 125-155 :
ill. ; 24 cm.; series Acta
(Commission internationale d'histoire militaire)no
4; NOTES: En tête du titre: Commission internationale
d'histoire militaire. International Commission of Military History.
Internationale Kommission für Militärgeschichte. Acta no
4. Textes en anglais, en français et en allemand.
Comprend des références bibliographiques; disponible à http://www.cmp-cpm.forces.gc.ca/dhh-dhp/his/docs/Coll_4th_1978.pdf
(consulté le 5 janvier 2018);
On peut même prétendre qu'a certains égards la période du
régime mili-
taire met davantage en relief pour un temps le rôle de
l'officier de milice dans la
société. En effet les dirigeants militaires britanniques,
en plus de lui conserver
ses fonctions habituelles, lui attribuent un rôle
judiciaire et policier de premier
ordre dans les circonstances. La création des chambres de
milice et des chambres
d'audience se trouve à intégrer des groupes d'officiers de
milice dans l'organisa-
tion judiciaire. (40) Ceux-ci remplissent les devoirs
d'une cour de première ins-
tance dont les jugements peuvent faire l'objet, selon la
nature du litige et du cas,
d'un appel auprès d'une cour composée d'officiers
supérieurs de l'armée britanni-
que. Cet accroissement de l'autorité des capitaines de
milice qui, en un sens,
porte peut-être atteinte au prestige des officiers
supérieurs de la milice, s'expli-
que par les circonstances.
......
___________
(40 E.J. Chambers, The Canadian Militia , p. 16s.
Source: media.iwm.org.uk/ciim5/429/774/large_000000.jpg?action=d&cat=photographs,
accessed 7 August 2018
OUTERBRIDGE, L.C. (Leonard Cecil), Sir, 1888-986, died at the age
of 98, from 55th Canadian Inf. Battalion, also 75th Battalion,CEF
was the prosecutor in the court martial of Lieut. Col. V.V.
Harvey, D.S.O., 54th Canadian Inf. Bn., 8th July 1917, available
at http://54thbattalioncef.ca/?page_id=236
(accessed 7 August 2018);
___________on OUTERBRIDGE, L.C. (Leonard Cecil),
1888-1986,lieutenant-Governor of Newfoundland, see "Leonard
Outerbridge" in WIKIPEDIA, available at https://en.wikipedia.org/wiki/Leonard_Outerbridge
, accessed
PACIOCCO, David, on, see Blanchfield, Mike, "Give Military
Ombudsman more clout, says expert", The Ottawa Citizen, Friday, 9
May 2000, at p. A3; available at https://www.newspapers.com/,
accessed 16 May 2020;
----------
(1)
(2)
Pressing (and holding) the Ctrl key
and scrolling the
wheel of the mouse allows to zoom in or out of the web page
being viewed
Comme avocate militaire œuvrant sur la Base de
soutien de la 2e Division du Canada Valcartier et au
Quartier général de la Réserve navale,
les opportunités de naviguer se font assez rares.
Pourtant, du 29 juin au 4 août 2016, j’ai eu l’immense
privilège de me joindre à l’équipage
du Navire canadien de Sa Majesté Calgary et de
participer à la 25e édition de l’exercice RIMPAC.
[...]
Mon rôle dans cet exercice était d’agir comme conseillère
juridique du Sea Combat Commander dont la mission était
d’assurer la protection
d’un porte-avion américain. Nous étions donc à la tête
d’un groupe de combat comptant neuf navires de huit
nationalités différentes.
J’ai ainsi eu l’occasion de conseiller l’équipe de
commandement sur le droit maritime et les règles
d’engagement applicables dans certaines
situations à laquelle le scénario de l’exercice nous
confrontait. À l’extérieur de ce scénario, j’ai également
eu l’occasion d’échanger avec les
membres de l’équipage sur diverses questions d’ordre
juridique qu’ils avaient.
___________photo of LCdr Valérie Pagé, Operation IMPACT, source of
photo: https://twitter.com/art_linton, Office of the JAG@JAGCAF· accessed
3 July 2020;
PAGNUELO, Tancrède, 1869-, Lieutenant-Colonel was a lawyer and an
officer who was court-martialed; see the following articles and
references:
- Kalbfleisch, John, "A dishonourable end", The
Gazette, Montreal, 17 December 2006, at p. A20:
Tancrede Pagnuelo's military career began with great
promise but an incendiary speech landed him behind bars
"As a result, Lieut.-Col. Tancrede Pagnuelo is now Mr.
Pagnuelo, a numbered prisoner at Bordeaux jail."
- Gazette, Tuesday,
Dec. 19, 1916
It was the tawdry end to a military career that had
seemed full of promise just a year before. From being a
leader
in sustaining French-Canadian support for the war
against Germany, Tancrede Pagnuelo was now guilty before
a courtmartial, cashiered from the
service, stripped of his military honours and sentenced
to six months behind bars.
The Pagnuelo family, Spanish in origin, had produced a
notable figure in Tancrede's late father, Simeon, a
legal
scholar and judge in Montreal. Tancrede entered law as
well, eventually becoming a KC with a practice in St.
James
St. He was active in politics, both municipal and
federal, though perhaps with more enthusiasm than
success.
As the rush to the colours in 1914 shows, French- and
English- speaking Montrealers greeted the outbreak of
war
with equal fervour. But within a year, that fervour had
begun to fade on the French side.
Henri Bourassa at Le Devoir was campaigning hard
against entanglement in a foreign war. Ontario's
Regulation 17,
which severely limited French-language education,
continued to rankle in Quebec, and the parallels with
how Germany
had proscribed French in occupied Alsace and Lorraine
were inescapable.
French Canadians who enlisted were soon grumbling that
their training was mainly in English, that there were
few
French-speaking officers and that in any event they were
being passed over for promotion. Even the number of
medals
they were awarded seemed niggardly. No wonder
enlistments began to drop off dangerously.
Yet the resentment wasn't universal, and early in 1916
plans to raise eight new battalions in Quebec were
launched.
Five were to be French-speaking, including the 206th
Battalion under Pagnuelo, by then a militia
lieutenant-colonel.
At 47 he was a little old for active service, but the
desperate need for manpower left military recruiters
little choice.
To find the men he needed, Pagnuelo concentrated his
efforts near Beauharnois, La Prairie and Terrebonne. But
it
went slowly, as it did for the other new units. Recruits
were constantly being seconded away to undermanned
English-language battalions. There were outright
desertions. And Pagnuelo himself quickly came to bridle
under
the reality of being a French-speaking officer in an
essentially English- speaking army.
At the new Valcartier base near Quebec City that
summer, the 206th's training was in a shambles. The
grumbling
became so open that the military hierarchy feared
mutiny. In July several of the battalion's officers were
dismissed,
and on the 15th of that month Pagnuelo went over the
edge.
"The authorities have sacked the officers, and we are
going home," he told his men. "It is a revenge because
we are
French Canadians, and because of small errors here and
there. As far as you are concerned, they are shipping
you to
Bermuda, where you will undergo hardship and suffer
misery from the heat.
"Now military law prevents me from speaking, but if
you are wise enough to read between the lines you will
know
what to do. I will give passes to everybody, and be sure
that the little money that your friends have subscribed
to the
regimental fund will not be used to run after those who
will not come back."
It was an incendiary speech, one the army could
scarcely ignore. The 206th - described as "pathetic ...
the worst unit
in the Canadian Expeditionary Force" - was absorbed into
another battalion in August, and Pagnuelo was committed
to a courtmartial to begin
late that autumn.
There could be little doubt about its outcome.
Pagnuelo apologized for his speech, but especially with
the country at
ar this counted for little. In addition, there were also
some financial irregularities laid to him. These were
the "small
errors here and there" that he so blithely dismissed in
his July harangue and about which he subsequently lied.
Found
guilty, he was lucky that his six- month sentence
specifically was "without hard labour."
"Not a word was said as General Wilson concluded
reading the sentence," The Gazette reported.
"Lieut.-Col. Pagnuelo,
very pale, stood at attention to the last word, than
saluted and turned on his heel."
He was taken under guard to the barracks on Peel St.
There, stripped of his uniform and "other military
distinctions,"
he changed into civilian clothes before being escorted
to Bordeaux Jail.
The trial, The Gazette concluded, was "unique in
Canadian military annals."
lisnaskea@allstream.net
Word count: 789
(Copyright Montreal Gazette 2006)
- Special Despatch to the Globe, "Lt.-Col. T. Pagnuelo
Shorn of his Rank: Loses Also His Long Service Decoration,
and to Serve Six Months
in Jail", The Globe, Toronto, 21 March
1933, at p. 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
ProQuest Historical Newspapers:
Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca,
accessed 24 September 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
- ANONYME, "Tribunaux civils. M. Pagnuelo en
appelle. L'ex Lieutenant-Colonel veut faire annuler
le jugement de la cour martiale qui le condamnait à la
prison et lui
enlevait ses grades", Le devoir, vendredi le 13
avril 1917, à la p. 4; disponible à http://collections.banq.qc.ca/ark:/52327/2794663
(consulté le 28 mars 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
- ANONYME, "M. Pagnuelo en appelle. Il demande au tribunal civil de casser la condamnation prononcée contre lui par un tribunal militaire. M. Allard a reçu sa demande", Le devoir, Montréal, mercredi le 16 mai 1917, à la p. 6; disponible à http://collections.banq.qc.ca/ark:/52327/2794722 (consulté le 14 mars 2019);
Les blessures psychiques ont été présentes au détour
de chacun des conflits qui ont jalonné l’Histoire. La
première partie de ce travail
porte sur la découverte de la névrose traumatique, sa
perception dans le cadre militaire, et sur la
distinction qui existe entre l’approche
psychanalytique européenne centrée sur le trauma et
l’entité américaine qui s’est imposée pour se fonder
essentiellement sur le stress.
Les législations canadiennes et françaises qui encadrent
le vétéran et l’ancien combattant atteint de
psychosyndrome traumatique vont
constituer le sujet de la seconde partie. L’historique
du cadre juridique contemporain ; les étapes de la
demande d’indemnisation avec
leurs caractéristiques et leurs écueils respectifs ; les
notions de preuve et d’imputabilité, enfin les
particularités de l’expertise médicale
sont présentées selon la perspective propre à chaque
pays. Des sujets variés issus d’une trame commune qui,
relatant l’expérience du
vétéran blessé psychiquement pour lequel l’exercice de
son droit à réparation prend l’allure d’un second
combat, vont permettre de
déterminer si, au-delà de la reconnaissance de
l’institution ou des attentes déçues, la législation
actuelle encadre de manière satisfaisante –
ou pas – le droit à réparation.
[source: http://savoirs.usherbrooke.ca/handle/11143/6023,
consulté le 26 mars 2018]
PAILLÉ, Mario D. (Mario Denis), "Assistant au Conseiller juridique
-- Quartier-général de la Force internationale d'assistance à la
sécurité, Kaboul, Afghanistan", (2007) 1 JAG Les actualités --
Newsletter 18-20;
__________Biographical notes on Mario Paillé:
Lieutenant-Commander Mario Denis Paillé B.A., LL.L.,
CD is a Royal Canadian Military College of Canada (RMC)
graduate who
serves in the Canadian Forces since 1982. He served as an
Administrative Clerk in Ottawa, Montreal, Valcartier and in
Irak and
Kuwait with the United Nations following the first Gulf War in
1991. Following graduation, he is appointed as a Military
Police
Officer. From 1995 to 1999, he served in Ottawa with the
Special Investigation Unit as a Personal Investigation Officer
and as
Operations Officer with the Canadian Forces National Counter
Intelligence Unit. Following graduation from University of
Ottawa
as a law licensiate, he is posted in 2003 with the Office of
the Judge Advocate General in Ottawa. In 2005, he is posted as
a Deputy
Judge Advocate with the 5th Area Support Group and Joint Task
Force Eastern Region in Montreal and provide legal advice
mainly
to the 5th Military Police Regiment.
From Aug 2006 to Feb 2007, he is deployed as a legal advisor
with the NATO International Security Assistance Force
Headquarters
in Kabul, Afghanistan under British Command. He provides legal
advice to the Commander NATO ISAF on Law of Armed Conflict,
Targeting Boards, administrative law, military justice and
claims. Upon his return from Afghanistan, he is back as Deputy
Judge
Advocate with the 5th Area Support Group.
From February to August 2010, he is deployed with the United
Nations Observer Mission in the Democratic Republic of Congo
with
the Rule of Law Unit. He works mainly on the Congolese
military justice reform and the Rule of Law and provides
training through
seminars and workshops to the Congolese Armed Forces personnel
on the Congolese Military Justice system and International
Humanitarian Law.
In August 2013, he is posted with the Canadian Forces Military
Law Center in Kingston, Ontario and trains Canadian military
personnel and abroad in the fields of Military Justice,
Military Administrative Law, Operational Law and Law of Armed
Conflict.
(source: https://ca.linkedin.com/pub/mario-denis-paill%C3%A9-b-a-ll-l-cd/a2/aa7/251,
accessed 18 April 2015)
------
Mario Denis Paillé
___________Mario Denis Paillé maintenant en pratique privé au 90,
rue De Martigny Ouest, Saint-Jérôme (Québec), J7Y2G1, tél:
450-335-0758, mdpaille@mdpavocat.com;
Mario Denis Paillé, BA, LL.L., LL.M., CD est un diplômé du Collège
militaire royal du Canada (CMRC) et a servi dans les Forces armées
canadiennes de janvier 1982 à juin 2017"; voir son site web à https://www.mdpavocat.com/
(visité le 5 juillet 2017);
BIOGRAPHIE
Mario Denis Paillé, BA, LL.L.,
LL.M., CD est un diplômé du Collège militaire royal du
Canada (CMRC) et a servi dans les Forces armées
canadiennes de janvier 1982 à juin 2017. Il fut employé en
tant que commis d’administration à Ottawa, Montréal,
Valcartier, en Irak et au
Koweït avec les Nations Unies après la première guerre du
Golfe en 1991. Après avoir obtenu son diplôme du CMRC en
politique en mai
1995, il joint les services de la police militaire. De
1995 à 1999, il sert à Ottawa avec le Quartier général de
l'unité des enquêtes spéciales
en tant qu'officier enquêteur du personnel et en tant
qu'officier des opérations auprès du Quartier général de
l'Unité nationale de contre-
espionnage des Forces canadiennes. Après avoir reçu sa
licence en droit civil de l'Université d'Ottawa et après
avoir complété son stage
en tant qu’avocat de la défense auprès du bureau d'aide
juridique de Gatineau, il est nommé au Tableau de l’Ordre
du Barreau du Québec.
Il est muté en octobre 2003 avec le Cabinet du Juge-avocat
général à Ottawa. En août 2005, il est nommé en tant que
juge-avocat adjoint
auprès du 5e Groupe de soutien de secteur et de la Force
opérationnelle interarmées de la région de l'Est à
Montréal. Il prodigue de nombreux
conseils juridiques à plusieurs unités, principalement au
5e Régiment de police militaire, offrant de la formation
sur le système de justice
militaire canadien, sur les questions disciplinaires et
les questions de droit pénal.
D'août 2006 à février 2007, il
est déployé comme conseiller juridique auprès du
Quartier-général de la Force internationale d'assistance à
la sécurité (FIAS) de l'OTAN à Kaboul, en Afghanistan,
sous un commandement britannique. Il fournit des conseils
juridiques au commandant
de la FIAS de l'OTAN sur le droit des conflits armés, les
comités de ciblage, le droit administratif, la justice
militaire et les réclamations. À son
retour d'Afghanistan, il est de retour en tant que
juge-avocat adjoint au 5e Groupe de soutien de secteur à
Montréal.
De février à août 2010, il est
déployé avec la Mission de l’Organisation des Nations
Unies en République démocratique du Congo avec l'unité
de l'État de droit. Il travaille principalement sur la
réforme de la justice militaire congolaise et l'État de
droit et dispense de la formation par le
biais de séminaires et d'ateliers au personnel des forces
armées congolaises sur le système de justice militaire
congolais et le droit international
humanitaire.
D'août 2013 à août 2015, il est
affecté au Centre de droit militaire des Forces
canadiennes à Kingston, en Ontario, et forme des avocats
militaires
et le personnel militaire canadien et à l'étranger dans
les domaines de la justice militaire, du droit
administratif militaire, du droit opérationnel et
du droit des conflits armés.
De septembre 2015 à décembre
2016, il complète une maîtrise en droit international à
l'Université de Montréal, Québec. Maître Paillé a pris sa
retraite des Forces armées canadiennes avec le grade de
capitaine de corvette (major) et a reçu de nombreuses
distinctions telles que les médailles
des Jubilés d’or et de diamant de la Reine Elizabeth II en
2002 et en 2012 pour ses réalisations tout au long de sa
prestigieuse carrière. Depuis le
13 juin 2017, il pratique le droit en cabinet privé sous
le nom de la Société juridique MDP Inc. dans les domaines
du droit criminel, droit militaire,
droit administratif et droit de la famille. Il offrira
également des services d'arbitrage et de médiation en
matières familiale, civile et commerciale à
compter de septembre 2017.
___________sur Paillé, Mario Denis, voir par Desbiens, Patrice,
"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; l'auteur
Patrice Desbiens est un autre avocat militaire;
M. Paillé faisait partie d’une équipe d’avocats
qui allait sur place pour enseigner le droit de la guerre
aux militaires. Parmi les apprentissages de base à
inculquer, il fallait notamment expliquer que le viol
n’est pas une arme de guerre.
« En droit international humanitaire, le viol est illégal,
mais pour de nombreux militaires congolais,
ce n’était pas si évident que ça. Quand on le leur disait
dans les formations, ils se regardaient en se
disant, ah c’est illégal, et leur langage corporel montrait
la découverte, la surprise. Pour plusieurs, le
viol faisait partie de la coutume de guerre. Entre
formateurs, on se regardait, on se disait que ça
n’avait pas de sens. C’était renversant de voir ça, d’avoir
à expliquer cela à des militaires. C’est
illégal en tout temps, c’est immoral », témoigne-t-il.
Image
source: http://www.strategiaworldwide.com/team/, accessed 2
October 2016
Anthony Paphiti
PAPHITI, Anthony, "Global Seminar on Military Justice Reform Yale
Law School, 8th November 2014", available at http://www.aspals.com/gmjrs.pdf
(accessed 2 October 2016);
Image
source:
https://fr.wikipedia.org/wiki/Louis-Joseph_Papineau,
accessed 2 November 2015
Louis-Joseph Papineau painted by
Théophile Hamel
PAPINEAU, Louis Joseph, 1786-1871 was a Deputy
Judge-Advocate, in the Lower Canada militia, see:
Né à Montréal et baptisé dans la paroisse
Notre-Dame, le 7 octobre 1786, fils
de Joseph Papineau,
arpenteur et notaire, et de Rosalie Cherrier.
Étudia au Collège Saint-Raphaël de Montréal à compter
de 1796 et au Petit Séminaire
de Québec, de 1802 à 1804. Fit l'apprentissage du
droit chez son cousin Denis-Benjamin Viger.
Admis au Barreau en 1810, exerça sa profession
d'avocat de façon intermittente. Pendant
la guerre de 1812, servit en qualité d'officier de
milice. Acquit de son père la seigneurie de la
Petite-Nation en 1817.
Élu député de Kent en 1808. Réélu en 1809 et en 1810;
appuya le Parti canadien. Élu dans
Montréal-Ouest en 1814; élu orateur le 21 janvier 1815.
Succéda à Pierre-Stanislas Bédard,
en 1815, à la tête du Parti canadien, qui devint en 1826
le Parti patriote. Réélu en 1816, en avril
1820 et en juillet 1820.
Elected Speaker of the House, for which he receives
an annual salary of 1000 pounds beginning in 1817.
1817
Louis-Joseph Papineau purchases the seigneury of La
Petite-Nation from his father.
1818
Louis-Joseph Papineau marries Julie Bruneau, the
daughter of Pierre Bruneau, a merchant and member of
the House for Québec.
1820-1823
Papineau is nominated to the Executive Council, but
declines this offer.
- Papineau was elected in the county of Kent.
Inside the county, you find the seignory of Longueuil and
Montarville, see Bouchette, Joseph, A topographical
description of the province of Lower Canada with remarks
upon Canada, London, 1815, at pp. 167 and 195,
available at https://books.google.ca/books?id=oPsGAAAAQAAJ&dq=%22county+of+Kent%22+Chambly&source=gbs_navlinks_s;
Bouchette is a surveyor and Lieutenant-Colonel;
EAMON, Michael and Angèle Alain, "Faces of 1812", 30 October
2012, available at https://www.bac-lac.gc.ca/eng/news/podcasts/Pages/faces-of-1812.aspx
(accessed 19 October 2018); on Louis-Joseph Papineau; michaeleamon@trentu.ca;
ME [Michel Eamon]: Louis-Joseph Papineau,
many people
know, was the moderate rebel leader in the rebellions of
Lower Canada in 1837. He was the long-standing speaker of
the assembly in Lower
Canada, he was a lawyer, and in 1834 he helped draft the 92
resolutions that started, that tried to start, the dialogue
of change in Quebec and
Quebec politics. So a lot of people say “Why is he in a War
of 1812 exhibition?”
AA [Angèle Alain]: Right, I was just going to ask
that actually.
ME: And the thing is that the War of 1812 shaped
many people, and of course Louis-Joseph Papineau was alive
at the time and he was
a part of the Canadian militia at the time. And of course
the war, the conflict they had against the United States,
shaped many people’s
ideologies and mindsets, and also helped shape Louis-Joseph
Papineau. And it also shows how long the war left an
indelible mark on
the political structure on Upper and Lower Canada. In fact,
issues of a more republican and perhaps a different style of
government
couldn’t even be mentioned in polite company in the first
decades after the war because there was so much
anti-American sentiment.
So people like Louis-Joseph Papineau had to take a more
moderate path. And of course we know others who took a more
radical path
in the rebellion, but part of Louis-Joseph Papineau’s
moderation came from this experience, where he was in fact
part of the government
and part of the militia.
AA: Did Papineau participate in the War of 1812?
ME: He was a captain, but he was part of the
judge advocate general’s office. So he served in the
function as a lawyer dealing with legal
matters that would come up during the war.
AA: Did Papineau bring a French perspective to
the war?
ME: Oh definitely, he of course being a Quebecer
(he was born in Montreal), he and his image is indicative of
a much greater
contingent of French Canadians that helped fight in the war.
Indeed the war brought together French Canadians,
English-speaking
Canadians, First Nations peoples, and the British of course,
all against a common foe. And there were at this time
period, or just
before, leading up to the war, there were great language
tensions and political tensions in Lower Canada. And so the
war drew people
out of their particular tensions and made a common foe for
everyone to fight against.
AUBIN,
Georges, 1942-, et Raymond Ostiguy,
1942-, Louis-Joseph Papineau. Les
Débuts, 1808-1815, Montréal: Les
Éditions Histoire Québec, 2015, 251 p.,
illustrations ; 28 cm, Collection Société d'histoire
de la seigneurie de Chambly, ISBN:9782895861539; voir
en particulier la partie IV -- "Louis-Joseph
Papineau -- Député Juge avocat de la milice" aux pages
200-231;
Pendant la guerre de
1812-1815, Louis-Joseph Papineau remplit quatre
fonctions. Il sert comme lieutenant dans la milice
sédentaire
de la Ville de Montréal et accède aux rangs de
lieutenant et de capitaine dans le 5e
bataillon de milice d'élite et incorporée («5e B
M.E.I.»);
il est député des circonscriptions de Kent (Chambly) et
de Montréal Ouest à l'Assemblée du Bas-Canada, à Québec;
il plaide quelques
causes comme avocat du district judiciaire de Montréal
devant la Cour du banc du roi; enfin,
il devient procureur ou député juge avocat
(adjoint) de la milice du Bas-Canada. à la fin de la
guerre il sera élu orateur de
l'Assemblée. [lien: http://www.histoirequebec.qc.ca/boutique_details.asp?id=168,
consulté le 6 mars 2019]
Le dimanche 2
octobre à 13 h 30, dans le cadre des Journées de la
culture, la Société
d’histoire de la seigneurie de Chambly présente :
Louis-Joseph Papineau, les débuts,
1808-1815 avec Georges Aubin et Raymond Ostiguy.
Cette conférence aura lieu à la
salle Jacques-de-Chambly au Lieu historique national
de Fort-Chambly. L’entrée est gratuite.
Député, avocat, officier de
milice et juge-avocat, le jeune Louis-Joseph Papineau
cumule ces quatre
fonctions au cours de ses premières années de vie
publique. On ignore souvent que Chambly fut
au cœur de cette activité.
L’année 1808 marque son entrée en
politique. Il est élu député du comté de Kent,
circonscription qui englobait le Chambly de
l’époque. Le futur grand tribun n’est
pas encore avocat, il sera commissionné en
1810. Capitaine dans un régiment
de la milice d’élite incorporée, sa profession
l’amènera à être nommé juge-avocat
pendant la guerre de 1812, fonction importante qui
consiste à organiser les cours
martiales de la milice. Plusieurs de ces cours
martiales se sont déroulées dans
l’enceinte même du fort de Chambly.
Tous ces faits historiques, pour la
plupart inédits, ont été analysés par l’historien
Georges Aubin, spécialiste de la famille Papineau
dont il a dépouillé et transcrit
l’abondante correspondance, et Raymond Ostiguy,
historien de l’histoire de Chambly
pendant la guerre de 1812. Auteurs de Louis-Joseph
Papineau, les débuts -
808-1815, publié aux Éditions
Histoire-Québec dans la collection Société
d'histoire
de la seigneurie de Chambly, Georges Aubin
et Raymond Ostiguy sont les
conférenciers invités de la SHSC.
Source : Louise Chevrier
- 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, available at https://archive.org/details/officersbrit00irvirich,
accessed 2 June 2020:
- Captain Louis-Joseph Papineau was with the
Lower Canada militia, 5th Battalion Select Embodied
Militia until 15 December 1813, see at p. 131 [the
5th Battalion was known as "Devil's Own"; today "The
Black Watch (Royal Highland Regiment) of Canada (unité
de perpétuation du 5e bataillon, milice d’élite)",
see
http://www.45enord.ca/2012/09/honneurs-de-guerre-de-1812/];
and
- Captain Louis-Joseph Papineau was with the Lower
Canada militia staff as Deputy Judge Advocate from 15
December 1813 to 20 April 1819 and he received the
Prince Regent's grant for services during the war, see
at pages iii and 102, accessed 4 June 2020;
- Le 15 décembre 1813, par ordre général de milice, signé
par J.T. Taschereau, Dépt. Adj. Génl. M., le Capitaine
Papineau du 5e Bataillon de la Milice incorporée, est
nommé député Juge-avocat de la milice, voir Gazette
de Québec, jeudi 23 décembre 1813 et Aubin &
Ostiguy, supra, à la p. 201;
- For Lower Canada, see An Act for the better
Regulation of the Militia of the Province, and for the
repealing certain Acts or Ordinances therein mentioned,
Geor. III , 18 April 1803, 43th year of the reign, chapter 1
and see art. 13 about ofence and court martial, art. 14 and
15 about Judge Advocates; art 35 about articles of war; 49
for prosecutors and defendants; see http://www.canadiana.ca/view/oocihm.9_00926_11/4?r=0&s=1;
- War between U.K. and the US: starts on 18 June 1812 and
ends 17 February 1815 when US ratifies the 24 December 1814
Treaty of Ghent, see https://en.wikipedia.org/wiki/War_of_1812,
accessed 9 June 2020;
- from R. Arthur McDonald, "The Trail of Discipline: The
Historical Roots of Canadian Military Law" (1985) 1 Canadian
Forces Judge Advocate General Journal 1-28, at p. 14;
available at http://www.lareau-law.ca/A-2015-01088.PDF
(accessed 1 December 2015), as a DND/CF Access to
Information Act Request/Answer, file A-2015-01088;
....
_____
35. An
Act for punishing Mutiny and Desertion; and for the
better Payment of the Army and Their
Quarters, 1803, 43 Geo. III, c. 20 (U.K.)
....
- see excerpt of Donald E. Graves, " 'Every horror was
committed with impunity . . . and not a man was punished!'
Reflections on British Military Law and the Atrocities at
Hampton in 1813", The War of 1812 Magazine, issue
11, June 2009, available at https://www.napoleon-series.org/military-info/Warof1812/2009/Issue11/c_hampton.html#_edn59,
accessed 4 June 2020;
In 1813 the discipline of the British army
was governed by two documents -- the Articles of War and
the Mutiny Act. The Articles of War were prerogative,
which is to say they were drafted by royal authority
(actually the Commander-in-Chief of the army, who was
the Duke of York in that year), while the Mutiny Act was
statutory in that it was debated and assented to by
parliament. If there was a conflict between the
provisions of the two documents, the Mutiny Act
prevailed in England and Scotland (but not Ireland),
while the Articles of War prevailed in British territory
overseas. Although the Articles and the Act covered such
matters as enlistment and billeting, they also had the
object of maintaining discipline among both officers and
enlisted men -- as well as other persons (e.g. sutlers
and camp followers) who were regarded as being subject
to military law -- and prescribed the offenses which
were punishable and provided for legal procedures to try
and punish offenders. Prior to 1803, the Articles and
the Act only had validity within the "King's Dominions,"
but in that year parliament extended this power to any
place where British troops served. At this point, the
Articles of War were given a statutory basis in the
Mutiny Act and became subordinate to it." [59]
....
[59] The relevant act was 43 Geo III, c. 20. This brief
overview of the foundation of British military law is
based on Charles M. Clode, The Administration of
Justice under Military and Martial Law, London,
1874 [ at /books.google.ca/books?id=gQzt0EWS56sC&printsec=frontcover#v=onepage&q&f=false];
Ridley McLean, "An Historical Sketch of Military Law, "Journal
of the American Institute of Criminal Law and
Criminology, vol 8, no 1, (May 1917), 27-32 [at jstor.org/stable/1133708?seq=1#metadata_info_tab_contents];
D.P. O'Connell, "The Nature of British Military Law," Military
Law Review, vol 19 (1963), 141-148 [at loc.gov/rr/frd/Military_Law/Military_Law_Review/pdf-files/277C63%7E1.pdf
] ; and D.A. Schlueter, "The Court-Martial: An
Historical Survey," Military Law Review, 87
(1980), 129 [at loc.gov/rr/frd/Military_Law/Military_Law_Review/pdf-files/27788B%7E1.pdf]
- In source: Military Justice at the Summary Trial Level
2.2, 2011: "...Throughout the 18th century
and well into the 19th century the discipline of military
forces was governed by a combination of the Mutiny Act
and Articles of War. In 1803, the Articles of
War were given a statutory basis.11 The three main types
of military courts were: the General Courts Martial, the
District Courts Martial and the Regimental Courts Martial:
- sur le rôle du juge-avocat, voir LÉVEILLÉE, Mario,
1962-, L'évolution de la justice pénale militaire
et de l'office du juge-avocat général, thèse pour
l'obtention du grade LL.M., Université d'Ottawa, décembre
1997, iv, 170 feuilles; copie à l'Université
d'Ottawa, FTX General, KE 7146 .L485 1997; disponible
à http://www.collectionscanada.gc.ca/obj/s4/f2/dsk2/tape15/PQDD_0001/MQ36714.pdf
(vérifié le 2 août 2008); aussi disponible à https://www.ruor.uottawa.ca/fr/handle/10393/4531
(vérifié le 17 juillet 2009);
- "Il sert comme officier de milice du Bas-Canada. Il est Capitaine au 5e
Bataillon de la Milice d'Élite et Incorporée le 6
octobre 1812. Lieutenant au 2e Bataillon
Montréal le 3 avril 1811 ; enseigne le .
Assistant juge avocat. Le 23 décembre 1813, il remplace
Louis Lévesque comme juge-avocat.[pas clair???]"; voir
"Biographie: Louis Joseph Papineau", Wikipedia,
l'encyclopédie libre, voir https://fr.wikipedia.org/wiki/Louis-Joseph_Papineau
(site consulté le 6 juin 2020) [pas clair];
PAQUET, Étienne-Théodore, juge-avocat général dans la cour
martiale dont il est mention dans l'article suivant: LA
PRESSE (correspondant du journal), "Une cour martiale le
jugera. Le capitaine J.-A. Goulet sera jugé par un tribunal
militaire à Québec. Le nom des juges", La presse,
vendredi 29 novembre 1918 à la p. 12; disponible à (vérifié le 23
août 2018);
Pressing (and holding) the Ctrl
key and scrolling the
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Image source:
https://twitter.com/isa_pare,
accessed 18 August 2016
Isabelle Paré
PARÉ, Isabelle, "La justice militaire : Les avocats dans les Forces
armées", (janvier 1990) 2(1) Maîtres 10-15; note de
recherche: copy at University of Ottawa, off campus storage, KEQ 151
.A13; on peut voir l'article à http://www.lareau-law.ca/Barreau1990.pdf
(mis en ligne le 30 mars 2018); dans cet article on discute de Guy
Brais, Linda Savoie et Philippe Pagé;
Ce dessin à la p. 10 de l'article d'Isabelle Paré est de
l'artiste Yvan Paré.
PARÉ, Lorenzo, Les Canadiens-français et
l'organisation militaire, Montréal : L'Oeuvre des tracts,
1951, 16 p. ; 19 cm; Collection: Oeuvre des tracts ; no 382; note:
Lorenzo Paré est chroniqueur parlementaire à "L'Action
catholique"; disponible à http://collections.banq.qc.ca/ark:/52327/2241258
(vérifié le 7 juin 2018);
PARENT, Jean-François, "La justice militaire gagne: Deux
jugements rendus le même jour par la Cour suprême confirment la
suprématie de la Loi sur la défense nationale sur la Charte des
droits et libertés...", DROIT-INC, 1er août 2019, disponible
à http://www.droit-inc.com/article25134-La-justice-militaire-gagne
(consulté le 5 août 2019);
Lt. Col. Simon-G. Parent, C.R., LL.D.
PARENT, Simon-G. (Simon-Georges), 1913-, avocat, membre du
Barreau du Québec, juin 1942-1944 (démobilisé), officier juridique
au quartier général de Québec, voir Me J.-A. Fortin, Biographies
canadiennes-françaises, 19e édition, Montréal, 1963, aux pp.
532-533, disponible à http://collections2.banq.qc.ca/jrn03/biographies_cafr/src/1963/170678_1963.pdf
(consulté le 11 août 2018);
Major Simon Parent
__________sur le major Simon Parent, on lira également :
"Promotion au major Simon Parent qui commandera le C.E.O.C.
Laval", Le soleil (Québec), mercredi 3 août
1949, à la p. 3; disponible à http://collections.banq.qc.ca/ark:/52327/3297623
(consulté le 26 août 2018);
Extrait de l'article Pressing (and holding) the Ctrl
key and scrolling the
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page being viewed
___________on Captain Simon Parent, see "Hamel's Guilt Seen
Indicated", The Gazette Montreal, Saturday, 28 November
1942 at p. 20, available at https://www.newspapers.com/image/....,
accessed 8 July 2020;
Excerpt
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Le droit militaire reste méconnu de la plupart des
avocats en pratique privée. Les aperçus anecdotiques
transmis par les médias généralistes et les références
cinématographiques telles que A few good men (V.F.
Des hommes d’honneur) constituent l’essentiel de
leurs connaissances. Ce constat a motivé Me
Pascal Lévesque, doctorant en droit à l’Université Queen's,
d’organiser la formation Le droit militaire canadien : un droit
spécialisé pour un contexte unique qui
aura lieu le 13 octobre prochain dans les locaux de
l’ABC-Québec à Montréal. Ce sera également l’occasion
d’évaluer l’intérêt de la communauté juridique
québécoise et une vitrine pour la création d’une éventuelle
section de droit militaire au niveau de la Division.
« Souvent, les avocats en pratique privée vont refuser de
prendre des cas en lien avec le droit militaire, car ils ne
le connaissent pas », indique Me Lévesque.
Cette conférence sera donc non seulement pertinente pour la
culture personnelle des juristes, mais leur donnera le
contexte et la nomenclature nécessaires
pour trouver les lois et règlements et, si le client est un
militaire ou un ancien militaire, de pouvoir mieux le
référer. De leur côté, les jeunes juristes et les
étudiants découvriront si une carrière en droit militaire
pourrait les intéresser.
Selon Me Lévesque, l’un des principaux mythes à propos du
droit militaire, c’est qu’il s’agirait d’un droit « caché ».
« Pourtant, la justice militaire canadienne
est l’une des plus transparentes, notamment plus que celle
de nos voisins du Sud, expose le doctorant. En principe,
toutes les décisions sont publiées (hormis celles
pour lesquelles une ordonnance de non-publication a été
prononcée) et seules les décisions sommaires ne se
retrouvent pas sur CanLII. » L’information juridique
est disponible et les procès militaires sont publics, hormis
les cas de huis clos.
In November, in
The Hague in which he argued that Canada has abdicated its
legal obligation under the Rome Statute, the ICC's
underlying charter, to investigate
long-standing reports of having handed prisoners over to
torture. His timing is propitious: Earlier that same
month, prosecutor Fatou Bensouda
opened an investigation into alleged war crimes and crimes
against humanity in Afghanistan involving Afghan forces
and the Taliban – and
American troops. Mr. Scott believes there is enough
evidence to warrant adding Canada to this list; he claims
that there are "multiple persons"
who know much, but who will come forward only if there is
an official ICC probe.
.....
In 2009, Richard Colvin, a high-ranking diplomat in
Afghanistan, testified that as far back as May, 2006, he
had informed his superiors in Ottawa
about torture in Afghan prisons. His reports, he said,
were ignored. He was ordered to stop putting them in
writing. Worse still, he received a
warning missive: "We trust that you will conduct yourself
according to the interpretation of the Government of
Canada" – and a second notice
nforming him that the Justice Department would take legal
action if he filed documents. In other words, he might end
up in jail. Mr. Colvin was
ridiculed. General Rick Hillier dismissed his claims as
"ludicrous." Peter MacKay, then defence minister, said
"Let us get beyond the rhetorical flourishes."
....
With the recent announcement that an investigation will be
opened – and that the United States will also come under
scrutiny – Mr. Scott's brief
to the prosecutor has a strong chance of success. The
Trudeau government has acknowledged that, like the
Conservatives, it has never addressed
the issue. Because both Canadian parties failed to do so
when in power, it now falls to the ICC prosecutor to
pursue the case.
___________Disorders, Strikes,Disasters: Military Aid to the
Civil Power in Canada, 1867-1973, Ottawa:
Directorate of History, National Defence Headquarters, 1973;
Notes: A French version of the text appears as follows: :
Major J.J.B. Pariseau, L’aide militarie au
pouvoir civil, 1867-1933), P. Gawn, rev. trans.
All references in this paper are to the English
version.;
___________ Forces armées et maintien de l'ordre au Canada,
1867-1967 : un siècle d'aide au pouvoir civil, thèse
de doctorat ès Lettres, Université Paul Valéry III, Montpellier,
France, 1981, 5 volumes, copie à la Bibliothèque nationale du
Canada, Ottawa;
___________"Les mouvements sociaux, la violence et les
interventions armées au Québec (1867/1967)", (1983-84) 37 Revue
d'Histoire de l'Amérique française 67-79; disponible à http://www.erudit.org/revue/haf/1983/v37/n1/304r125a.pdf
(vérifié le 18 décembre 2011);
PARISIEN, Yves, on, lawyer and member of the JAG branch, see
"Yves Parisien--Liberal (Ind)", The Ottawa Citizen, 3
April 1963, at p. 21, available at https://www.newspapers.com/,
accessed 16 May 2020;
Pressing (and holding) the Ctrl
key and scrolling the wheel of the mouse allows
to zoom in or out of the web page being viewed
___________on Parisien, Yves, see Stephen Bindman, " 'Scoundrel'
ex-lawyer makes it to court" Supreme Court judges hear
of flight from fraud charges imvolving $2.1 M", The
Ottawa Citizen, Friday, 9 October 1987 at p.. A5, available
from https://www.newspapers.com/, accessed 17 May 2020; the
article states that Parisien was disbarred in 1971;
___________"Lt.-Cmdr. Tatyana Park", Ottawa Citizen, 27
March 2010, available at
pressreader.com/canada/ottawa-citizen/20100327/294179490891297
(accessed 22 February 2018);
PARKER, K.A., Major, legal officer, member of the OJAG;
------
Captain Alexander Parker speaking at Queen's University
Image source: photo in the article
PARKS, Gordon Craigie, 1926-2006, BA, LL.B. Q.C., former JAG officer;
Born in Winnipeg on November 15,
1926 and educated at the University of Manitoba, his
career
was spent first in the office of the Judge Advocate
General and then at External Affairs from 1967
until his retirement in 1990.
[source: www.legacy.com/obituaries/ottawacitizen/obituary.aspx?n=gordon-parks&pid=17648917&fhid=5973,
accessed 12 November 2017]
___________on PARKS, Gordon Craigie, death notice, The Ottawa
Citizen, Saturday, 4 March 2006 at p. 61, available at
https://www.newspapers.com/...., accessed 20 June 2020;
___________on PARKS, Gordon Craigie, see his photo with his wife
with the article "Shirley Tucker Marries F.L. Gordon Craigie
Parks", The Ottawa Citizen, Monday, 7 July 1958, at p. 20,
available at https://www.newspapers.com/image/...., accessed 14
July 2020;
Pressing (and holding) the Ctrl
key and scrolling the wheel of the mouse allows
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PARLIAMENT, Chambre des communes.
Comité spécial des dépenses aux fins de la défense,Procès-verbaux
et témoignages/Comité spécial des
dépenses aux fins de la défense,
Ottawa : Imprimeur de la Reine, v. ; 25 cm, en français, OCLC
Number: 872663581, Note: "La 21e lég, 5e session, fasc. no 2 (6
déc. 1951) porte le titre: Compte rendu des délibérations
et témoignages. Certaines livraisons portent le titre:
Procès-verbaux et délibérations. Le fasc. 1 de la session
du 8/22 avril 1952 renferme également les délibérations de 1951
du Comité spécial des dépenses aux fins de la défense
(réimpression). Titre de la couv", copie Université d'Ottawa / University of Ottawa, FTX
Parliamentary Doc, CA1 XC2 D23F, IMPORTANT DOCUMENT TO EXAMINE!deals
with military law; also published in English: Canada. Parliament.
House of Commons. Special Committee on defence expenditure.
Minutes of proceedings and evidencel
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.; copy at the Library of Parliament, call
# J103 H7 1950 D4 A1 and at Library and Archives Canada; the
wallet of the Special Committe is located at the Library and
Archives Canada, Record Group # 14, 1987-88/146, Box 58
which contains the reports to the House, amendments, exhibits and
minutes; there is a Microfiche. [Toronto] : Micro Media Limited,
[1995?] -- 5 fiches ; 11 X 15 cms at the University of
Ottawa, Off-Campus
Storage - Annex CA1 XC2 N14a 212; other
information for research: Canada, Parliament, House of Commons,
Special Committee on Bill no. 133, An Act respecting National
Defence, Minutes of Proceedings and Evidence.
May 23 [21st Parliament, 2nd
session] - June 6, 1950 [21st
Parliament, 2nd session], King's Printer 1950,
see https://books.google.ca/books/about/Minutes_of_Proceedings_and_Evidence_May.html?id=_oGrtAEACAAJ&redir_esc=y
(accessed 21 May 2018); see also fonds at National Defence
Headquarters Directorate of History and Heritage: Fonds 2007/16 -
Special Committee on Bill No. 133, An Act Respecting National
Defence fonds, 3.5 cm of textual records, see https://www.archeion.ca/special-committee-on-bill-no-133-act-respecting-national-defence-fonds
(accessed 21 May 2018); copy also at the Department of
Justice Canada, Supreme Court of Canada, Guelph University,
University of Toronto Robarts Library; NOW
AVAILABLE at http://parl.canadiana.ca/view/oop.com_HOC_2102_3_1/1?r=0&s=1,
accessed on 24 August 2020. FRANÇAIS :
PARLEMENT, Chambre des communes, Comité spécial chargé
d'étudier le Bill 133 intitulé Loi concernant la défense
nationale, Procès-verbaux et témoignages, Ottawa Edmond Cloutier,
1951, 8 fascicules (le 1er est du mardi le 23 mai 1950); les
témoins: MCM Drury, sous-ministre de la Défense nationale, le
commandant P.H. Hurcomb, le brigadier W.J. Lawson, Juge-avocat
général, le commndant d'escadre H.A. McLearn, et les majors
J.H. Raedy et la Major W.P. McClemont; Note de recherche de
François Lareau: Il existe une copie de ces procès-verbaux à la
Librairie du Parlement, no de cote J103H7 D4 A1 et à la
Bibliothèque et Archives Canada; le dossier du Comité spécial se
trouve aux Archives nationales, Ottawa, Record Group # 14,
1987-88/146, boîte 58 et il contient les rapports à la Chambre des
communes, les amendements, les pièces et les procès-verbaux; on
retrouve également une copie des huit fascicules en français à la
Bibliothèque Brian Dickson, de la Faculté de droit de l'Université
d'Ottawa, University of Ottawa, FTX
Parliamentary Doc, CA1 XC2
D25F; VERY IMPORTANT DOCUMENT!
PARLIAMENT, House of Commons, Special Committee on Matters
Relating to Defence, Interim
report of the Special Committee of the House of Commons on
matters relating to defence, Ottawa: Roger Duhamel, 1963,
24, 24 p.; OCLC 872337281; deals with military law; Notes:
Presnted by Mr. Maurice Sauvé, chairman; Issued with French text
inverted; Rapport intérimaire du Comité spécial de la Chambre des
Communes étudiant les questions relatives à la défense; copy at
the University of Ottawa FTX
Parliamentary Doc CA1 XC2 D22 261R; on 28 May 2018, I
checked at the University and that call number was missing; IMPORTANT DOCUMENT TO EXAMINE!
Research note by François
Lareau on 9 March 2019: I noted that this Special
Committee on Matters Relating to Defence,
published "Special studies prepared for the Special
Committee of the House of Commons on matters relating to
defence. Supplement 1964-65",
Ottawa : Roger Duhamel, 1965, 179 pages ; 25 cmin English,
OCLC Number: 872337250. Apparently, according to the
Voilà catalogue, a
copy would be found at the University of Ottawa; research to
be continued!; Patrick McGahern on Murray st. has a copy for
sale at $20.00, his book
number 23478, see http://mcgahernbooks.ca/cat-ssrch.php?pageNum_Recordset1=102&totalRows_Recordset1=10285&Submit=pwtbrirt,
accessed
9 March 2019;
PARLIAMENT, House of Commons, Standing Committee on National
Defence, Minutes of Proceedings and Evidence, (1) Main
estimates 1966-67 of the Department of National Defence. (2)
Respecting Bill C-243, An Act to amend the National Defence Act
and other Acts in consequence thereof, Ottawa : Queen's Printer,
1966-1967, : 37 pts; Research Note by François
Lareau - See in particular minutes (part) No. 32,
dated March 14, 1967, where Brigadier General W.J. Lawson, the
Judge Advocate General, is a witness; the call number for that No.
32 is # J103 H7 1966/67 A1 v.2 at the Library of Parliament,
Ottawa; Bill C-243 passed first reading on November 4, 1966; FRANÇAIS :
PARLEMENT, Chambre des communes. Comité permanent de la
défense nationale, Procès-verbaux et témoignages : [1]
Budget des dépenses (1966-1967) du Ministère de la défense
nationale. [2] Bill C-243, Loi modifiant la Loi sur la défense
nationale et, par voie de conséquence, certaines
autres lois, Ottawa : Impr. de la Reine, 1966-1967., 37 fasc.
en 2 v. (2408 p.); Note de recherche par François Lareau:
Voir en particulier le procès-verbal (fasicule) no
32, où le Brigadier-Général W.J. Lawson, le juge-avocat
général, est un témoin; la cote de ce no 32
est # J103 H7 1966/67 A1 v.2 à la Librairie du Parlement,
Ottawa; la première lecture du Projet de loi C-243 a eu
lieu le 4 novembre 1966;
PARLIAMENT, Senate of Canada, Standing Senate Committee on
Foreign Affairs, Proceedings of the Subcommittee on National
Defence, Tuesday, 19 May 1981 (32nd Parl., 1980-81, First
Session), issue No. 17, 34 pages (Chairman: The Honourable Paul C.
Lafond), witnesses before the Subcommitte were Gen R.M. Withers,
Chief of the Defence Staff; MGen John P. Wolfe, Judge Advocate
General, BGen R.G. Therriault, Director General, Personnel Careers
Officers; and Col F. Karwandy, Deputy Judge Advocate
General/Advisory, available at http://www.lareau-legal.ca/Karwandy18aa1.pdf
for most of the pages and http://www.lareau-legal.ca/Karwandy18aa2.pdf
for pages 19 and 31 (resolving these two pages problems); on the
proposed Charter of Rights and Freedoms and the Canadian
Human Rights Act and the proposed amendments; copy at
the Brian Dickson Law Library, University of Ottawa,
FTX Parliamentary Documents, CA1 YC23 F53, consulted on 28 May
2018; put on line on 29 May 2018; FRANÇAIS: PARLEMENT, Sénat du Canada, Comité sénatorial permanent des
affaires étrangères, Délibérations du sous-comité sur la
Défense nationale, mardi le 19 mai 1981 (32e législature,
1980-81, Première session), fascicule no 17, 34 pages (Président
L'honorable Paul C. Lafond), les témoins devant le sous-comité
sont: Gén R.M. Withers, chef de l'état-major de la défense; Mgen
John P. Wolfe, juge-avocat général; Bgen R.G. Therriault,
directeur général, Carrièeres militaires (Officiers); et Col F.
Karwandy, juge-avocat général adjoint/consultations, disponible à
http://www.lareau-legal.ca/Karwandy18aa1.pdf
pour la plupart des pages et http://www.lareau-legal.ca/Karwandy18aa2.pdf
pour les pages 19 et 31 (corrections de erreurs pour ces deux
pages); sujet: la proposée Charte des droits et libertés
et la Loi canadienne sur les droits de la personne et les
modifications qu'on propose d'y apporter; copie de ce document à
la Bibliothèque Brian Dickson,Université d'Ottawa, FTX
Parliamentary Documents, CA1 YC23 F53, consulté le 28 mai 2018;
mis en ligne le 29 mai 2018;
PARR, Josée, notes on Major Parr, from email of Major/major Keith
Reichert, Assistant Chief of Staff (Personnel), Office of the
Judge Advocate General, Canadian Armed Forces / Assistant chef
d'état major (personnel), Cabinet du Juge-avocat général, Forces
armeés canadiennes; copy of the email sent to François Lareau by
Benoît Pinsonneault on 15 May 2016;
Major Josée Parr libérée des Forces armées canadiennes
après 26 ans de
service. Elle s’est enrôlée dans la Force régulière
en juin 1990, comme
officier légal, à travers le programme d’enrôlement
direct. Elle a servi au
QGDN à Ottawa avec le Directeur juridique- Droits humains
& discrimination,
et avec le Directeur des services juridiques du personnel
ainsi qu’à
Esquimalt, au bureau du JAGA. En janvier 1999, Major
Parr a transféré dans
la Réserve et a servi au bureau du JAGA à Montréal.
En 2008, elle a
transféré de nouveau dans la Régulière où elle a servi à
Ottawa avec le
Directeur juridique en droit militaire, avec le Conseiller
juridique du
MDN/CF et avec le Directeur en droit administratif.
Josée est mariée depuis
30 ans avec Bruno et a deux enfants Stéphanie et Patrick.
Ses plans de
retraite incluent des études en théologie, des voyages et
du temps précieux
avec ses petits enfants à venir.
......
Major Josée Parr is releasing from the Canadian Armed
Forces after 26 years.
In June 1990, she enrolled in the Regular Force as a
Direct Entry Officer in
the legal branch. She has served at NDHQ in Ottawa with
the Directorate of
Law- Humans Rights & Discrimination and with the
Director of Personnel Legal
Services, and in Esquimalt, at the AJAG
office. In January 1999, Major
Parr transferred in the Reserve Force, serving at the AJAG
office in
Montreal. In 2008, she transferred back to the
Regular Force and has served
in Ottawa with the Directorate of Law- Military Justice,
as DJA Ottawa, with
DND CFLA and finally, with the Directorate of
Administrative Law. Josée has
been married for 30 years to Bruno and they have two
children, Stephanie et
Patrick. Her plans for the future include studies in
theology, many travels
and precious time with her grandchildren to come.
___________Major J. Parr, Deputy Judge Advocate Victoria, was
Assistant Counsel for Her Majesty the Queen in the case of Ritchie
C.M. (Leading Seaman), R. v., 1997 CM 39, available at https://decisia.jmc-cmj.forces.gc.ca/jmc-cmj/cm/en/item/180027/index.do
(accessed 26 December 2018);
___________Major J. Parr, was prosecutor in the Standing Court
Martial of R. v. Maier 1997 CM 41, Esquimalt, 20 February
1998; 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: 1998-3 and 4;
___________"Torture 'counter to our values,' say Canadian
military commanders. We 'will not be involved in any type of
torture, of any detained personnel, or anyone else for that
matter' ", CBC News/Politics, 26 January 2017; available at http://www.cbc.ca/news/politics/canada-militar-us-torture-1.3953970
(accessed on 27 January 2017); statements by
Brig.-Gen. Shane Brennan, commander of Joint Task Force
Iraq; statement also by Brig.-Gen. Steve Kelsey, a
senior Canadian commander in Iraq;
--10th Judge Advocate General, 1990-1993
Commodore Peter R. Partner,
source of photo: McDonald, R. Arthur, Canada's Military Lawyers,
supra, at p. 144.
He was appointed as an Officer Cadet RCAF (ROTP) 1956. He
served in Training Command HQ Trenton ON as Staff Officer
Personnel Administration
Legal 1956. He was appointed as a Flight Lieutenant RCAF
(With seniority dated 01/02/1957). He served in Central
Command Oakville ON as Assistant
Deputy Judge Advocate 1958. He was appointed as a Squadron
Leader RCAF (With seniority dated 01/07/1961). He served in
Judge Advocate General
Branch as Staff Officer Legal Services 1961. He served in
Judge Advocate General Branch as Section Head Redress of
Grievance Section 1964. He was
appointed as a A/Wing Commander RCAF (With seniority dated
01/08/1966). He served in Canadian Forces Advisory and
Training Team Tanzania as
Senior Advisor Planning Committee 1966. He served in NDHQ
for Judge Advocate General's Office as Section Head
Logistics Section 1968. He was
appointed as a Lieutenant-Colonel (Legal) (With seniority
dated 01/05/1970). He served in NDHQ for Judge Advocate
General Branch as Director of
Law Advisory 1972. He served in NATO Defence College Rome
for Staff Course 1974. He served in CFB Lahr as Assistant
Judge Advocate General
European Region 1974. He served in CFB Winnipeg as Assistant
Judge Advocate General Prairie Region 1978. He was appointed
as a Colonel (Legal)
(With seniority dated 01/01/1982). He served in NDHQ as
Director of Personnel Legal Services 1985. He was appointed
as a Captain (N) (With seniority
dated 01/01/1988). He was appointed as a Commodore (With
seniority dated 01/11/1990). He served in NDHQ as Judge
Advocate General of the Canadian
Forces 1990. (He was retired on 03/05/1993.)
After his naval service he was Chief of the General Legal
Division of the United Nations Relief and Works Agency for
Palestinian Refugees in the Near
East in Vienna Austria.
Commodore Peter Richard Partner (Ret.) (President,
[of The Probus Club of Ottawa-Rideau Valley] 2001-2002)
Peter Partner is our only second generation Probian, having
been introduced to Probus by his father in England, where
Peter holds an honorary
life membership in the Hereford #3 Probus Club. He is
respected here no less, having been nominated to an executive
position with Probus Centre-Canada.
After a distinguished career in both the Canadian Armed
Services and later the United Nations, Peter retired to Kars
where he and his wife Margitha are active in
many aspects of community life, and where their skills rescued
the Manotick Branch of the Canadian Legion. They both received
the Queen‟s Golden Jubilee
medals for their community service.
Peter was born in England but spent his formative years in
Newfoundland. He studied at Memorial University then accepted
a scholarship at Dalhousie University
where he studied law. He is a member of the Nova Scotia
Barristers‟ Society.
While still a student Peter entered service in the Royal
Canadian Navy. His distinguished career of 37 years included
all aspects of the legal activities of the
Canadian Department of National Defence. While serving in
Winnipeg he was responsible for legal work throughout the
Prairies and Northwest Territories. He
served, as well, in Germany, Rome, Italy, and Tanzania
training and advising. By Order in Council, Peter was
appointed Judge Advocate
General for Canada‟s
Armed Services. He retired with the rank of Commodore.
Leaving the Forces, Peter accepted an appointment as Chief of
the General Legal Division and subsequently Senior Officer
Human Resources of the United Nations
Relief and Works Agency for Palestinian Refugees. This
organization is responsible for all services being provided
for 3 million refugees in Lebanon, Syria, Jordan,
The West Bank and Gaza. Peter describes this appointment as
“an eye opening experience.”
Being club president was a highlight for him, as it was for
his Management Committee, not only because of is leadership
skills but, also, his very keen sense of humour.
Image
source: passages.winnipegfreepress.com/passage-details/id-198520/Francis_Muldoon,
accessed 29 September 2018
The Honourable Fancis Creighton
Muldoon, 1930-2013
___________on PARTNER, Commodore Peter R., being criticized
by Mr. Justice Francis Muldoon, see the article: Bindman,
Stephen, "Military accuses judge of bias", The Ottawa Citizen,
31 May 1991, p. A4;
The Canadian armed forces have accused a Federal Court judge
of bias against the military's justice system and its top
legal officer.
But Mr. Justice Francis Muldoon bluntly rejected the
allegation and in a ruling this week blasted the man in
charge of the military
justice system for his botched handling of a case, ''bizarre
interference'' in a criminal probe and ''unfortunate lack of
judgment.''
A military lawyer last week asked Muldoon to withdraw from
a case because of criticism he voiced last year when he
attacked the
forces' unconstitutional and ''hopelessly deficient'' courtmartial appeal procedures.
But the 61-year judge refused to step down and said he was
showing sound judgment last year, not bias and ''exhibiting
neither
fear nor favor.''
Muldoon, a former head of the Manitoba and federal law
reform commissions, is well-known for his blunt language in
condemning
inefficient bureaucrats and government officials.
Last year, Muldoon ruled the procedures ''invented'' by the
military for appeals violate the principles of fundamental
justice
guaranteed by the Charter of Rights and Freedoms.
He said the handling of the case of a veteran pilot
convicted for the fourth time of drinking and driving is
proof of the dangers of
''leaving it to the unsuperintended to run their own show.''
Under the procedure attacked by Muldoon, a junior officer
prepares a written submission to the assistant deputy
defence minister
in charge of personnel on the merits of an appeal.
But neither he nor the officer making the ultimate decision
is obliged to hear from the soldier making the appeal or his
lawyer.
The judge was particularly critical of the role played in
that case by Peter Partner, who was then director of
personnel legal services
but has since been promoted to judge advocate general, the
military's top legal position.
''This failure on Capt. Partner's part exemplifies a
deficient process hopelessly deficiently operated and
applied,'' Muldoon wrote
last year.
Last week, Muldoon was asked by a military captain to block
a courtmartial against him on the
grounds that the tribunal was biased
against him.
The officer, himself a military lawyer, is charged with
trying to get a witness to give false testimony.
But Lt.-Col. Kim Carter, the military's director of law,
prosecutions and appeals, asked Muldoon to withdraw from the
hearing
because of the ''reasonable apprehension'' of bias against
the military justice system and against Partner.
But Muldoon refused, saying the request ''strikes at
judicial independence.''
''To say that a judge who has made an adverse finding on
the performance of some person... is no longer enabled to
hear cases
in which that person again figures as a deponent is to say
too much.''
Although he reluctantly refused to halt the courtmartial, Muldoon was nonetheless highly
critical of Partner for meeting with
the soldier-lawyer while he was under investigation.
The judge accused Partner of interfering in the
investigation and called his conduct ''bizarre.''
''The unfortunate lack of judgment on the part of the JAG in becoming personally
involved in this matter, especially the summoning
of the suspect, now the accused, directly into his office
for face-to-face talks, is along with the botched advising,
instructing or briefing
of the investigator, what is bizarre about this case.
''These are the factors which generated in the applicant a
real apprehension of bias.''
Muldoon compared Partner's actions to the attorney general
or chief judge calling a suspect in a case to meet face to
face.
Although the soldier's motion was dismissed, Muldoon did
not order him to pay the military's legal costs as per usual
because the
hearing wouldn't have been necessary had it not been for
Partner's ''bizarre interference.''
Credit: SOUTHAM NEWS
[Copyright The Ottawa Citizen
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview,
accessed 29 September 2018]
___________on PARTNER, Commodore Peter R., see "Leaving their
Prints", The Globe and Mail, 2 March 1983, at p. 6;
Pressing (and holding) the Ctrl
key and scrolling the wheel of the mouse allows
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Source: ProQuest Historical
Newspapers,
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....,
accessed 27 May 2019
___________on PARTNER, Commodore Peter R., see McDONALD, R.
Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at pages 97,
143-145 and152, available at i-xii and 1-102
and
103-242;
Kyiv, Ukraine (8 September, 2016) Today the PfPC
in conjunction with the Geneva Center for the Democratic
Control of Armed
Forces (DCAF) completed the first iteration of an academic
exchange program focused on the establishment and
enhancement of
effective military justice systems. Participants from
throughout the region attended, and frank discussion ensued
on the societal and
institutional challenges still prevalent in post-Soviet
systems.
....
Joe Holland, from the Office of the Judge Advocate General
of Canada offered perspective on the Canadian system - its
overlap and
differences with other programs. He noted the constraints
related to the size of the Canadian corps and the distances
needed to be
traveled in commission of doing justice system wide
(domestic and overseas).
Image source: , accessed 29 July 2019
Christian Paas-Lang
The site includes an interview of Mr. Michel Drapeau on
his
views concerning the Stillman decision:
Surprised
and disappointed': military lawyer From CTV News
Channel: Military lawyer Ret.'d Col. Michel Drapeau
says he is surprised by the ruling by the Supreme Court
of Canada.
"George Passmore, Extract from Conduct Record"
Pressing(and holding) the Ctrl key and scrolling
the wheel of the mouse allows
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The third time, Passmore was absent for a mere 24
hours, but it was enough to have charged him with desertion
– they must
have been convinced that he did not intend to return. He had
also "made away with part of his Regimental Clothing". This
time
he faced a General Court-Martial which sentenced him to 14
years transportation and "to be marked with the letter D"
PATTISON, Gary, Major, on a course with other JAG members
in Italy (accessed 3 June 2018); member of the law Society of
Ontario;
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."
____________PATTISON, Gary, with other JAG members:
"From left, Marc-Andre Vary, Francesca Ferguson and Gary
Pattison, lawyers
with the Canadian Armed Forces, were out to support the
band Lateby10 at
Rockable Hours, held at Babylon nightclub on Bank Street
on Friday, Sept. 21,
2018. Photo by Caroline Phillips", source: obj.ca/article/legal-community-amps-it-rockable- hours-benefit-ottawa-food-bank,
accessed 7 June 2019.
Image source:
http://cornwallcriminallawyer.com/about/, accessed 7 October 2017
Ian Paul
PAUL, Ian, military lawyer with the Judge Advocate General,
1990-1994; he is now a Cornwall Criminal Lawyer, see cornwallcriminallawyer.com/contact/,
accessed 4 September 2020;
Image
source: www.law.uh.edu/faculty/main.asp?PID=34, accessed 29 July
2016
Jordan Paust
PAUST, Jordan J., "Superior Orders and Command Responsibility" in M.
Cherif Bassiouni, International Criminal Law, 2nd ed., Vol.
I, Crimes, Ardsley, New York: Transnational Publishers,
1999, ci, 1004 p., at pp. 223-237, ISBN: 1571050175; Research
Note: comments on the Supreme Court of Canada decision
of Finta at pp. 227-228;
image
source: https://www.google.com, image search, accessed 29 July 2016
Laura Payton
PAYTON, Laura, "Military police cleared in Afghan detainee transfer
report. Report compares commission process to stonewalled
Somalia inquiry", CBC News, Posted: Jun 27,
2012 11:17 AM ETLast Updated: Jun 28, 2012 8:59 AM
ET; available at http://www.cbc.ca/news/politics/military-police-cleared-in-afghan-detainee-transfer-report-1.1287512
(accessed 10 July 2016);
Gen Pearkes said "perhaps it might be
desirable to restrict the number of military
crimes and have only those of a purely military nature
tried by courts-martial." The
others could be sent to civilian courts in peacetime.
READ THE ARTCLE:
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__________on PEARLMAN, Edwin E., see his death notice in the Times
Columnist, Victoria, 2 March 1989 at p. 33, available at
https://www.newspapers.com/image/...., accessed 28 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
Edwin Pearlman
__________on PEARLMAN, Edwin E., see "Memorial service Friday for
city lawyer Pearlman", Times Columnist, Victoria, 2 March
1989 at p. 33, available at https://www.newspapers.com/image/....,
accessed 28 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
I. Political and Institutional Framework
The Department of National Defence
II. Military Personnel
Chief Military Personnel (CMP)
III. Regular and Reserves Forces
Regular Force Officer Training Plan (ROTP)
Continuing Education Officer Training Plan
(CEOTP)
Non-Commissioned Member Subsidized
Education Plan (NCM SEP)
Reserve Entry Training Plan (RETP)
Individual Programme Plan
IV Armed Forces and Organs of Military Education
1. Canadian Defence Academy (CDA)
"Other units within the CDA
formation include: ...the Canadian Forces Military Law Centre
(CFMLC), which was established as a
directorate within
CDA HQ in June 2007 to lead the design, development, and
delivery of military legal education"
Canadian Forces College
(CFC)
2. Military Colleges
Royal Military
College of Canada (RMC)
Royal Military
College St-Jean
Training Courses under CDA
The Defence Learning Network (DLN)
1. Civilian Personnel of DND
Civilian
Personnel Education Support Plan
V. Civilian Institutions
1. Canadian Universities
a) First Tier
Centre for
Military and Strategic Studies (CMSS), University of Calgary
b) Second Tier
Centre for
Foreign Policy Studies (CFPS), Dalhousie University
Gregg Centre
for the Study of War and Society (GCSWS), University of New
Brunswick (UNB)
Programme paix et sécurité
internationales (PSI) [International Peace and Security
Programme], Université Laval
Centre for International
Peace and Security Studies, University of Montréal
Centre d'études des
politiques étrangères et de sécurité (CEPES), UQUAM amd
Concordia University
Centre for
International and Defence Policy (QCIR), Queens University
Centre for
Security and Defence Studies (CSDS), Carleton University
York Centre
for International and Security Studies, York University
Laurier
Centre for Military Strategic and Disarmament Studies
(LCMSDS), Wilfrrid Laurier University
Centre for
Defence and Security Studies, University of Manitoba
Centre of
International Relations, University of British Columbia
Chair in
Defence Management Studies, Queen's University
At the final dinner of a tour of the Vimy and Normandy
battlefields I led last April, Jeff Peck, one of the
Canadian veterans in our tour group, rose to address
his fellow travellers. He asked if he might offer a
toast to soldiers past and present. In mid-sentence he broke
down.
“I cry a lot these days,” he said. “I admit it.”
It was almost 10 years to the day Peck, now 32, lost
comrades at a place called Tarnak Farm (five kilometres from
the Kandahar base) in Afghanistan. His
Princess Patricia’s Canadian Light Infantry unit was
wrapping up night training at this desert location on April
17, 2002, when an American F-16 pilot,
thinking he was under attack from the ground, fired a
500-pound, laser-guided bomb at his suspected enemy. It
killed four Canadians, men in Peck’s sister platoon.
“I’d like to say [the experience] affected me for the best.
I’d be lying,” he told me in 2004. “It [was] hard on my
family. It hurt my marriage.
Specifically, it forced Peck to look at the darker side of
humankind. It removed any sense of optimism about the world.
And, he admitted to me, it made him
less patient with others particularly back in Canada.
He couldn’t talk or show any emotion to his parents, his
siblings, not even his spouse. He recognized he
was being more selfish, unwilling to take on his
wife’s problems in addition to his own. Their marriage broke
up.
......
“I realize those experiences – positive and negative – made
me who I am,” Afghanistan vet Jeff Peck said recently in
anticipation of Remembrance Day
observances. He eventually remarried and has two young
sons. While he once contemplated leaving army service, he
now has his law degree and serves
as a major with the office of the Judge Advocate
General (JAG) in the Canadian Forces.
“I think I’m in a really comfortable space now,” he said.
__________ photo with notes on this JAG officer from
http://everitas.rmcclub.ca:
"21507 Jeff Peck, Class of ’99,
left the Patricia’s and was called to the Ontario
Bar in 2010 after completing law school at Queens
University. He is currently
employed in the Office of the Judge Advocate General as the
Deputy Judge
Advocate – Kingston. This is ironic because one of his
primary duties is advising
RMC on all disciplinary and administrative issues. Jeff and
his partner Stephanie
live in Sydenham, ON, with their boys JJ (3 yrs) and Luke (1
yr); however most
of his spare time is spent at the cottage on Big Clear Lake
in Frontenac Provincial
Park." (Image and text from http://everitas.rmcclub.ca/class-notes-torch-is-passed/,
accessed
21 February 2017).
Maureen Pecknold
PECKNOLD, Maureen A., notes on Lieutenant-Colonel Maureen Pecknold,
BCL/LLD, McGill University, 1996:
Career profile:
Lieutenant-Colonel Maureen Pecknold is a Deputy Crown
Attorney in the Scarborough Crown’s
office and continues to has a busy trial practice. She has
served with the reserves in the Judge Advocate General
branch
since 2006.
[source: https://www.law.utoronto.ca/academic-programs/jd-program/lawyers-doing-cool-things,
accessed 5 January 2019]
___________on Pecknold, Maureen A., see Gruske, Carolyn:
"Prosecutors hand out national awards", The Lawyer's Daily, 27
October 2017; available at
thelawyersdaily.ca/articles/5008/prosecutors-hand-out-national-awards
(accessed 9 January 2019);
The Federal-Provincial-Territorial (FPT) Heads of
Prosecutions Committee honoured some of the top
prosecutors in the country at the Oct. 26 National
Prosecution Awards ceremony. Maureen Pecknold and
... were each given the 2017 commitment
to justice award.
Pecknold is assistant Crown attorney
with the Ministry of the Attorney General of Ontario
and acting deputy
director of Reserves in the Canadian Military Prosecution
Service. In announcing her award, the FPT Heads
of Prosecutions Committee noted that she “has
distinguished herself in countless ways, handling
high-profile
cases and mentoring less experienced prosecutors.”
Pecknold has also recently completed the Canadian Forces
Joint Command and Staff Programme while retaining a full
caseload of major cases.
Norm was a very respected lawyer with a criminal
law practice in the London, Ontario area for over 40 years.
He served in the Canadian
Forces as Lieutenant Colonel in the Office of the Judge
Advocate General. Norm taught law and lectured in many
criminal law fields.
Nicola Peffers
PEFFERS, Nicola, Refuge in the Black Deck. The story of
Ordinary Seaman Nicola Peffers, Caitlin Press, 2017, 264 p., 6
x 9", ISBN: 978-1-987915-43-3 / 1-987915-43-7(source: http://caitlin-press.com/our-books/refuge-in-the-black-deck/,
accessed 5 June 2017)
When Ordinary Seaman Nicola Peffers boarded the
HMCS Winnipeg in 2009, she was embarking on her
first deployment with the
Canadian Navy. At twenty-six years old, one of the top
students in her training class, and one of the few women on
the boat, Nicola
began her career with a sense of optimism and hope towards
seeing the world and serving her country.
...... Refuge in the Black Deck is about physical and
emotional strength, the failures of the justice system in
the face of sexual harassment,
and the harmful effects of trauma that continue even after
having left the site of the experience.
Pellan c. Agence du revenu du Québec,
2016 QCCA 263 (CanLII), disponible à <http://canlii.ca/t/gnbqb>
(visité le 4 janvier 2018); la demande
d’autorisation d’appel de l’arrêt de la Cour d’appel du Québec
(Québec), numéro 200-09-008877-141, 2016 QCCA
263 (CanLII), daté du
11 février 2016, est rejetée avec dépens, voir
Jacques Pellan v. Agence du revenu du Québec, 2016
CanLII 89837 (SCC), <http://canlii.ca/t/gwl15>;
income tax case;
PELLETIER, Jules, avocat, capitaine durant la deuxième guerre
mondiale, voir "Nos militaires se récréent outre-mer", Le devoir,
Montréal, jeudi, 28 décembre 1944 at p. 2, available at http://collections.banq.qc.ca/ark:/52327/2805454,
accessed 24 July 2018;
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key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
Upon returning to Ottawa in 2007, Commander Pelletier
served as the Director of Law for the team advising the
senior Canadian Armed Forces leadership
on issues of military personnel. In 2009, he
was selected to attend the Institute of Air and Space Law
at McGill University where he obtained a Master's
degree (LL.M.) in Law.
On his return from Montreal in 2010, he served once again
with the Director of Military Prosecutions, initially as
Deputy Director, responsible for the
supervision of the prosecutors in Atlantic and
Eastern Regions. In 2012, he became Assistant
Director, in charge of policy development, appeals and the
supervision of the provision of legal advice to the
National Investigation Service. From 2010, he
represented the Minister of National Defence on numerous
appeals before the Court Martial Appeal Court of
Canada and was counsel for a rare appeal before the
Supreme Court of Canada in 2011 in the case of R. v.
St-Onge.
Commander Pelletier was appointed as Military Judge by
Governor in Council on 10 April 2014. He presides at
courts martial held across Canada.
He is married to Anne Julie Lalonde from Montreal and
they are the proud parents of Samuel and Sarah-Maude.
-------------------------
À son retour à Ottawa en 2007, le capitaine de frégate
Pelletier a occupé les fonctions de directeur juridique
pour l’équipe qui conseillait les hauts dirigeants des
Forces armées canadiennes sur les questions touchant
le personnel militaire. En 2009, il a été sélectionné pour
étudier à l’Institut de droit aérien et spatial de
l’Université
McGill, où il a obtenu une maîtrise (LL.M.) en
droit.
À son retour à Montréal en 2010, il a repris du service
auprès du Directeur des poursuites militaires, d’abord
comme directeur adjoint, responsable de la supervision des
procureurs dans les régions de l’Atlantique et de
l’Est. En 2012, il est devenu directeur adjoint,
responsable de l’élaboration des politiques et des appels,
et chargé de
superviser la prestation de conseils juridiques au
Service national des enquêtes. Depuis 2010, il a
représenté le ministre de la Défense nationale lors de
nombreux appels
devant la Cour d’appel de la cour martiale, et il a agi
comme avocat à l’occasion d’un rare appel devant la Cour
suprême du Canada, interjeté en 2011 dans
l’affaire R. c St-Onge.
Le capitaine de frégate Pelletier a été nommé juge
militaire par le gouverneur en conseil le
10 avril 2014. Il préside les procès devant une
cour martiale dans tout le Canada.
Il est marié à Anne Julie Lalonde, de Montréal.
Lui et sa femme sont les fiers parents de Samuel et de
Sarah-Maude.
____________Commander, "Bourassa, Laurier and the 1910 Naval Service Act: Canadian
Identity and the Birth of a Navy", (Fall 2010)
6(3) Canadian Naval Review
10-15; available at http://naval.review.cfps.dal.ca/archive/public/vol6num3art3.pdf
(accessed on 30 November 2011); note: "Winner of the
Canadian Naval Memorial Trust Essay Competition";
___________judgment in Pett K.G. (Master Corporal), R. v., 2020 CM
4002 (CanLII), <http://canlii.ca/t/j4j12>,
10 January 2020;
Concluding that the judicial role of military
judges prevents them from being charged and dealt with under
the Code of Service Discipline while in office would not
offend the principle of equality before the law
as it would be both partial and temporary. It would be
partial because they could still be charged in the
civilian criminal justice system as any other citizen and
their conduct could be reviewed by the Military
Judges Inquiry Committee, not only on standards of conduct
applicable to the judiciary but also on
standards applicable to officers, as interpreted by the
judicial officials constituting the Committee.
It would be temporary because as for others who cannot
be charged and/or dealt with under the Code
of Service Discipline while in the position they hold, they
could still face military discipline as officers
once removed from their position. This
would not be unique: the CDS, the JAG, the DMP,
the ProvostMarshal and possibly the DDCS
cannot be dealt with under the Code of
Service Discipline while in office.
[emphasis in bold and size added]
___________Notes on Martin Pelletier (not necessarily written by Mr.
Pelletier, Sword and Scale, June 2014 – CBA National
Military Law Section Newsletter, Members News/ Notes sur Martin
Pelletier (non nécessairement écrit par monsieur Pelletier), Salut
militaire, juin 2014 – Bulletin de la Section nationale du
droit militaire, Nouvelles des membres;
Canada’s newest military judge appointed
The Governor General in Council, on the recommendation of
the Minister of National Defence, has appointed Cmdr. Martin
Pelletier
as Canada's newest military judge, effective 10 April 2014.
Pelletier was born in Quebec City. He obtained law degrees
from Laval University and the University of Western Ontario
and has also
obtained an LLM from McGill University in Air and Space
Law. Pelletier enrolled in the Naval Reserve in 1987 and has
been member
of the Quebec Bar since 1993, practising in Quebec City
before joining the Office of the Judge Advocate General in
1995.
Pelletier served as Deputy Judge Advocate at CFB
Valcartier, in Germany, and at the Naval Reserve
Headquarters. At the Headquarters in
Ottawa, he worked in the Military Justice and Administrative
Law fields and participated in the amendment process of the
National Defense Act. In 1999, he deployed in Bosnia to serve as
legal advisor of the Canadian Contingent of the
Stabilization Force (SFOR).
Pelletier joined the Canadian Military Prosecution Service
in 2001 as military prosecutor and served as appellate
counsel before the Court
Martial Appeal Court until promotion in 2004. In his current
rank, he was Assistant Judge Advocate General (Atlantic
Region) in Halifax,
during which time he was assigned as legal advisor to the
boards of inquiry investigating the fire in submarine HMCS
Chicoutimi and on
the treatment of Afghan detainees. He also obtained a
graduate diploma in Military Law from the University of
Melbourne in 2005. Upon
returning to Ottawa in 2007, he led the legal group that
provides advice on military personnel issues. Most recently,
he had been working at
the Assistant Director of Military Prosecutions since 2010.
Pelletier has been a highly active member of the CBA
National Military Law Section, serving in a number of
positions including as Chair in
2008-2009 and again in 2011-2012. The NMLS
Executive would like to congratulate Judge Pelletier on
his prestigious appointment and wish
him all the best during his time on the bench.(source: http://www.cba.org/CBA/sections_military/newsletters2014/news.aspx,
accessed on
12 January 2015).
------
Le plus récent juge militaire du Canada est nommé
Le gouverneur général en conseil, sur recommandation du
ministre de la Défense nationale a nommé le capitaine de
frégate Martin Pelletier
comme le plus récent juge militaire du Canada, en date du 10
avril 2014.
Pelletier est originaire de Québec. Il est bachelier en
droit de l’Université Laval et de l’Université Western
Ontario, et il a obtenu une maîtrise
en droit aérien et spatial à l’Université McGill. Pelletier
s’est enrôlé dans la Réserve navale en 1987, et il est
membre du Barreau du Québec
depuis 1993 et a pratiqué le droit à Québec avant de joindre
le cabinet du juge-avocat général en 1995. Pelletier a servi
en tant que juge-avocat
adjoint à la BFC Valcartier, en Allemagne et au quartier
général de la Réserve navale. Au quartier général d’Ottawa,
il a œuvré dans les domaines
de la justice militaire et du droit administratif et a
participé au processus d’amendement de la Loi sur la
défense nationale. En 1999, il a été
affecté en Bosnie en tant que conseiller juridique du
contingent canadien de la Force de stabilisation (SFOR).
Pelletier s’est joint au Service
canadien des poursuites militaires en 2001 en tant que
procureur et a plaidé les appels devant la Cour d’appel de
la cour martiale jusqu’à sa
promotion en 2004. À son grade actuel, il fut l’assistant du
juge-avocat général, région de l’Atlantique à Halifax,
période pendant laquelle il
fut conseiller juridique auprès des commissions d’enquête
sur l’incendie du sous-marin NCSM Chicoutimi et sur le
traitement des détenus en
Afghanistan. Il a également obtenu un diplôme de deuxième
cycle en droit militaire de l’Université de Melbourne en
2005. À son retour à
Ottawa en 2007, Pelletier a dirigé la prestation de services
juridiques dans le domaine du personnel militaire. Plus
récemment, il agissait
comme directeur des poursuites militaires adjoint depuis
2010. Pelletier a été un membre très actif de la Section
nationale de droit militaire
de l’ABC, y ayant occupé plusieurs fonctions, notamment
celle de président en 2008-2009 et de nouveau en 2011-2012.
Les membres de
l'exécutif de la SNDM tiennent à féliciter
le juge Pelletier pour cette prestigieuse nomination et lui
adressent tous leurs vœux de succès dans
la magistrature. (source: http://www.cba.org/ABC/sections_military_f/newsletters2014/news.aspx,
visité le 12 janvier 2015)
___________ sur la
relation entre le juge Martin Pelletier et le juge en chef Mario
Dutil, 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", ddisponible à M. Dutil (Colonel ), R. c., 2019 CM
3003 (CanLII), <http://canlii.ca/t/j120t>
(consulté le 20 juin 2019);
Le
colonel Dutil a été nommé juge militaire le 10 janvier 2001.
Dans mon cas, j’ai été nommé le 18 mai 2006. Le juge Dutil a
été nommé JMC le 2 juin 2006.
L’administratrice de la cour martiale occupe son poste actuel
depuis le mois de mai 2007. Le capitaine de frégate Pelletier
a été nommé juge militaire le 10 avril 2014.
Le colonel Dutil a dit qu’il a informé les juges militaires de
l’existence de cette plainte, ce qui inclut le juge Pelletier
et moi-même à l’époque, et ce, le jour
même où il l’a appris [5 novembre 2015]. En raison des
circonstances, il m’a aussi délégué le 5 novembre 2015
l’ensemble de ses pouvoirs et fonctions de JMC.
Cette délégation a été annulée par lui le 13 novembre 2015.
[13] Le colonel Dutil a décrit sa relation avec le juge
Pelletier. Avant la plainte, ses contacts avec lui étaient
professionnels et parfois personnels.
Il avait des discussions avec lui d’ordre judiciaire sur
certains dossiers. Il rencontrait et discutait avec le juge
Pelletier dans le cadre d’événements
à caractère plus social du bureau comme le party de Noël,
certains repas au restaurant avec les autres juges et le golf
en compagnie des autres juges.
Suite à la plainte, une animosité s’est développée au fil du
temps entre les deux. Le juge Pelletier lui a fait part
clairement de son opinion.
Il lui aurait fait comprendre qu’il était mécontent de cette
situation et des effets que cela pourrait avoir sur les juges
militaires et sur lui-même.
Il est d’avis que le juge Pelletier ne lui a pas fourni son
soutien dans les circonstances pour des motifs qui lui sont
personnels.
This thesis explores the issues of navigation and overflight of the territorial sea by military aircraft operating from warships, known as organic aircraft. A review of maritime zones in the Law of the Sea from a Canadian perspective reveals a preference for the exercise of coastal State jurisdiction on significant ocean space, to the potential detriment of freedom of navigation advocated by maritime powers. Current uses of organic air are challenged by a legal framework which does not take into account the unique relationship between ships and the aircraft they carry. The regimes of passage do not allow overflight when it would be most needed. The weaknesses in the generous interpretation of navigational rights advocated by commentators associated with the US Navy and a climate of significant preoccupation towards security of the coasts are not conductive to any changes in the legal framework that would secure special freedoms of overflight for organic aircraft.
[Sommaire]
Cette thèse explore les questions applicables à la navigation et au survol de la mer territoriale par les aéronefs militaires embarqués sur les navires de guerre, désignés sous le vocable "organic aircraft", ibrement traduit par l'expression "aéronefs intégrés". Un survol des zones maritimes promulguées par le droit de la mer, telles que mises en oeuvre en droit canadien révèle une préférence marquée pour l'imposition de l'autorité de l'État côtier sur de vastes étendues maritimes, au détriment possible de la liberté de navigation défendue par les puissances maritimes. L'utilisation des aéronefs intégrés est menacée par un cadre juridique ne tenant pas compte de la relation symbiotique entre le navire et l'aéronef qu'il transporte. Les régimes de passage ne permettent pas le survol là où on en aurait le plus besoin. Les faiblesses dans l'interprétation généreuse de la liberté de navigation par les commentateurs associés àla Marine des États-Unis et une préoccupation accrue quant à la sécurité des côtes ne sont pas susceptibles de mener à une évolution du cadre juridique qui pourrait garantir une liberté de survol adéquate pourles aéronefs intégrés.
[Source: AMICUS catalogue, Library and Archives Canada]
Christopher Penny (left) with the JAG, MGen Jerry Pitzul, photo
source: JAG Newsletter, vol. 1, 2006 at p. 10
PENNY, Christopher K., Collateral Principles: Proportionality
and the Inexorable Calculus of War, LL.M. thesis, Cornell Law
School, 2004;
___________"Cold Comfort: Arctic Conflict, Environmental Protection
and the Limits of Law", (2017). 13(2) Journal of
International Law and International Relations (JILIR), p.
123-178, forthcoming, available at SSRN: https://ssrn.com/abstract=3054164
___________ "De-conflicting Canada's
anti-terrorism legislation: Khawaja and the ongoing challenges of
the "armed conflict" exclusion", (2009) 27 Windsor Yearbook of
Access to Justice 403-430; available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1817802
(accessed 18 July 2015);
The definition of 'terrorist activity' is
fundamental to Canada's anti-terrorism legislation.
Following the recent trial of Momin Khawaja
before the Ontario Superior Court of Justice, it is
clear that the 'armed conflict' exclusion-exempting wartime
activities undertaken in
accordance with international law-poses serious
challenges to the coherence of this legislative regime,
threatening the effectiveness of
future domestic terrorism prosecutions. This
article examines the 'armed conflict' exclusion and its
judicial treatment in Khawaja,
identifying key challenges and making specific
recommendations to address them. Coupled with other
issues arising from the'armed
conflict' exclusion, Khawaja serves to highlight a clear
and pressing need for amendment of the statutory definition of
'terrorist activity.
(source: http://web.archive.org/web/20130407065442/http://www.icrc.org/eng/assets/files/2012/ihl-bibliography-4th-trimester-2011.pdf,
at pp. 27-28, accessed 16 March 2015)
Image source:
https://en.wikipedia.org/wiki/International_Peacekeeping, accessed
18 July 2015
___________ " 'Drop That or I'll Shoot...Maybe': International Law
and the Use of Deadly Force to Defend Property in UN Peace
Operations", (2007) 14(3) International
Peacekeeping 353-367; Mr. Penny is a Lieutenant-Colonel,
Primary Reserve, Office of the Judge Advocate General, Canadian
Forces;
Image source:
http://www.springer.com/law/environmental/journal/10784, accessed 18
July 2015
___________“Greening the Security Council: Climate Change as an
Emerging ‘Threat to International Peace and Security’,” (2007) 7 International
Environmental Agreements: Politics, Law and Economics 35-71;
Image
source:
http://www.amazon.com/Our-House-Order-Implementation-International/dp/0773538143,
accessed 18 July 2015
__________"Humanitarian Law and Canadian Courts: Challenges for the
‘Campaign Against Terror,”in Chios Carmody, ed., Is Our House in
Order? Canada's Implementation of International Law,
McGill-Queen's University Press, 2010, 336 p., at pp. 225-261
(Chapter 10), ISBN: 9780773538146;
Image source: http://www.irwinlaw.com/titles/balance, accessed 18
July 2015
__________"Introduction: The Administration of Justice and National
Security in Democracies", in Christopher K. Penny, ed., In the
balance : the administration of justice and national security in
democracies, Toronto : Irwin Law, 2011. DESCRIPTION:
viii, 225 p.; 23 cm. NOTES: Portion of title: Administration of
justice and national security in democracies "This volume resulted
from the International Conference on the Administration of Justice
and National Security in Democracies, held in Ottawa in June 2007
and organized jointly by the Courts Administration Service and the
Canadian Centre of Intelligence and Security Studies at Carleton
University." ISBN: 9781552211946 (pbk) ISBN: 9781552212202 (e-book);
Image
___________"Mandating Responsibility: International Legal Lessons
from the Military Intervention in Libya", in Fen Osler Hampson
and Stephen M. Saideman, eds. ; foreword by Hugh Segal, Elusive
pursuits : lessons from Canada's interventions abroad,
Waterloo, ON : Centre for International Governance Innovation, 2015,
xii, 247 p., at pp. 15-34 : ill. ; 23 cm.. (series; Canada among
Nations; 2015), ISBN: 978-1-928096-11-5;
___________Testimony before the Standing Senate Committee on Foreign
Affairs and International Trade, to which was referred Bill C-6, An
Act to implement the Convention on Cluster Munitions, Issue 14 -
Evidence - Meeting of October 30, 2014, available at https://sencanada.ca/en/Content/Sen/committee/412/aefa/17ev-51689-e
(accessed 14 December 2016);
Image
source: http://www.abebooks.com, accessed 18 July 2015
PENNY, Christopher K. and Fen O. Hampson, “Human Security,” in T.
Weiss and S. Daws, ed., The Oxford Handbook on the United Nations,
Oxford University Press, 2009, chapter 31, ISBN: 9780199560103;
This article gives the benefits of redefining
‘security’ in order to emphasize human beings instead of
states. It shows that human security is firmly embedded in
today's language of world politics. Human security also
reflects the role of the UN in advancing at occasionally
enforcing new international norms that place the individual at
the core of modern understandings of international security.
(source:
http://www.oxfordhandbooks.com/view/10.1093/oxfordhb/9780199560103.001.0001/oxfordhb-9780199560103-e-031,
accessed 18 July 2015)
PENNY, S.S., Major, on, see "Major Penny Assistant", The
Vancouver Sun, Thursday, 21 February 1946 at p. 7, available
at https://www.newspapers.com/...., accessed 26 May 2020;
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
The communications surveillance powers
granted to Canada’s national security agencies have rarely
resulted in prosecution and,
as a result, have been subject to very little judicial,
academic, or public scrutiny. However, as the state
increasingly seeks to
prosecute alleged terrorists, courts will have to
interpret the scope of these powers and decide whether
they violate section 8
of the Canadian Charter of Rights and Freedoms (the
Charter). A review of the powers granted to police, the
Canadian Security
Intelligence Service (CSIS), and the Communications
Security Establishment Canada (CSEC) reveals two
constitutional infirmities:
allowing police to conduct communications surveillance in
terrorism investigations without establishing
“investigative necessity,”
and allowing CSEC to intercept domestic communications
without prior judicial authorization. Put simply, these
powers should
be found to violate section 8 of the Charter because they
substantially infringe on the privacy of innocent
Canadians, especially
of Muslim or Arab background, while doing little to
advance national security.
PENSION REVIEW BOARD, Pension Review Board reports. Recueil des
arrêts du Conseil de révision des pensions, Ottawa,
Pension Review Board, v. 1-9, no. 1; 1972-1986;
PENTZ, Kathryn, "Pentz chosen as top Crown in Cape Breton",
Chronicle Herald, Halifax, 24 March 2015 at p. A3; source:
search-proquest-com.ezproxy.biblioottawalibrary.ca/docview
/1774850354/fulltext/438A0027ABF04400PQ/25?accountid=46526, accessed
30 April 2020.
Kathryn Pentz has been named chief Crown attorney in
Cape Breton, the provincial Public Prosecution Service
announced Monday.
Pentz, a native of Halifax, has been a Crown attorney
since 1993 and has prosecuted thousands of criminal
offences ranging from theft to murder.
She will lead 14 Crown attorneys and their support staff
in offices in Sydney and Port Hawkesbury.
She has been a reserve member of the Canadian Forces
since 1991 and is the deputyjudgeadvocate in Sydney, providing
legal advice to reservists.
She was promoted to major in 2002.
Kathryn Pentz
"Legal professionals participate in the committee’s study of
Bill C-46,
an act to amend the Criminal Code concerning offences
relating to conveyances
(drug and alcohol-impaired driving). Appearing in the first
panel are the
Canadian Bar Association’s Kathryn Pentz ...."
"Master Cpl. Ken Hutcheson counts money as Lt.-Cmdr. Mike
McCarthy, right, listens to an Afghan man's account. (Dec. 23,
2009)
(COLIN
PERKEL / THE CANADIAN PRESS)"
PERKEL, Colin, the Canadian Press, "In Afghan PR, money talks".
the.star.com, 28 December 2009; available at (accessed 20 October
2016); note: Lt.-Cmdr. Mike McCarthy is a legal officer; available
at https://www.thestar.com/news/canada/2009/12/28/in_afghan_pr_money_talks.html
(accessed 20 October 2016);
PERCIVAL-HILTON, Victoria A., JAG officer, with the rank of LCol,
reserve force; legal counsel, McGill University, Legal services
(research April 2017);
Normand Perreault
PERREAULT, Normand, Major, ancien avocat militaire, forces de la
réserve, notes biographiques, voir http://www.fplex.ca/fr/equipe/normand-perreault
(site consulté le 12 septembre 2017); on fait mention de lui et de
sa famille dans la section "Personnel", (July-October 2000) 3 JAG
Newsletter -- Bulletin d'actualités à la p. 6;
Université McGill, faculté de droit (Programme national)
LL.B., B.C.L. de 1985-1989;
Collège militaire royal de Saint-Jean (Baccalauréat en
administration) de 1972-1977;
[...]
Réserve des Forces armées canadiennes, service du Juge-avocat
général (de 1990 à 2000);
PERREAULT, Samuel, avocat, membre du Barreau du Québec depuis 2006,
membre du Cabinet du Juge-avocat général; travaille à Vancouver
(vérification du 18 février 2021);
Image
source: cips-cepi.ca/linsday-l-rodman-postdoctoral-fellow/, accessed
31 July 2018
Lindsay Rodman
PERRIN, Dave (host) and Lindsay Rodman, Supporting Victims in
Canada's Military Justice System, The
Global Exchange -- A CGAI Podcast, 15 May 2018, available at https://soundcloud.com/user-609485369/supporting-victims-in-canadas-military-justice-system
(accessed 31 July 2018);
Image
source: (Nov-Dec 2000) 4 JAG Newsletter-Bulletin d'actualités
5
"Maj Perron [left], CD1 for his 22 years of
service with the JAG.
PERRON, Jean-Guy, 1959-, Biographical notes, Linked in, available at
(accessed 5 January 2016)
retired officer with legal and operational
experience
– (36 years)
Infantry officer (Royal 22ième
Régiment, Canadian Airborne Regiment) having served in
Canada, Europe and the US. As a military lawyer, I provided
legal advice at the operational, tactical and strategic
levels for deployed (UN and multinational) and domestic
operations and I also deployed in the
Balkans, Africa and Afghanistan. Legal adviser to JTF-2.
Commanding Officer of the Canadian Forces National Counter
Intelligence Unit. Appointed
a military judge in 2006 and retired in 2014.
Source de
l'image:
http://www.ledroitdesavoir.ca/voir_segment03.asp?id=31&segment=4,
visité 28 mai 2016
Jean-Guy Perron
___________"A judge is a judge is a judge...", (July 2009) Vox Judicia -- Canadian Judges'
Forum Newsletter ; available at http://www.cba.org/cba/newsletters-sections/2009/PrintHTML.aspx?DocId=38032
(accessed on 7 May 2012); FRANÇAIS : ___________"Un juge, est un juge, est un juge", (Juillet 2009) Vox Judicia -- Bulletin du
Forum des juges canadiens; disponible à http://www.cba.org/abc/nouvelles-sections/2009/2009-06_judges.aspx
(site visité le 7 mai 2012);
__________Notes -- Biography on Mr. Jean-Guy Perron (not necessarily
written by Mr. Jean-Guy Perron / Notes -- Biographies sur monsieur
Jean-Guy Perron (non nécessairement écrites par monsieur Jean-Guy
Perron:
Biography - Lieutenant-Colonel Jean-Guy
Perron, CD
Lieutenant-Colonel Perron, CD, was born in Earlton,
Ontario in 1959. He enrolled in the Canadian Forces in
1978 and was
granted a Bachelor of Arts (Military and Strategic
Studies) degree by the Collège militaire royal de
Saint-Jean in 1983.
His infantry career may be summarized as follows: 1
R22eR (Germany) 1983-86, mechanized infantry platoon
commander
and assistant battalion operations officer; FMC HQ
(St-Hubert) 1986-87, Aide de Camp to Commander Force
Mobile Command;
1er Commando Canadian Airborne Regiment (Petawawa)
1987-89, Adjudant; 3 R22eR (Valcartier) 1989-90, infantry
company
2IC. Selected for the Military Legal Training
Plan(MLTP), he began his studies at the University of
Ottawa in 1990. He was
granted the degree of Bachelor of Common Law (LL.B.)
in 1993 and was called to the Bar of Ontario in 1995.
Lieutenant-Colonel
Perron has served on the staff of the Director of
Law (DLaw) / Human Rights and Information,
DLaw/International and DLaw/
Operations. He served as Regional Military
Prosecutor and as Director Military Prosecutions-3. He has
served a tour in Bosnia-
Herzegovina in 1996 as the legal adviser to the command of
the Canadian Contingent Implementation Force and
participated in
OP ASSURANCE in Rwanda and Uganda in 1996. He was
also deployed to Tampa, Florida as legal adviser to the
Command
Joint Task Force South West Asia for OP APOLLO.
Lieutenant-Colonel Perron filled the position of AJAG
Ottawa when promoted
in 2001 and, subsequently, the position of
commanding officer of the Canadian Forces National Counter
Intelligence Unit. Before
joining the Office of the Chief Military Judge, he
was the legal adviser of the Commander of Canada Command.
Image
source: https://cimvhr.ca/board-of-directors/,
accessed 26 December 2018
Jean-Guy Perron
___________Notes -- Biography of Jean-Guy Perron, Hopital Montfort
Jean-Guy Perron
A native of Earlton, Ontario, retired
Lieutenant-Colonel (LCol - Ret’d) Jean-Guy Perron
enlisted in the Canadian Armed Forces in
1978 and obtained a Bachelor’s of Arts in Military
and Strategic Studies at the Royal Military College
Saint-Jean in 1983. An
infantry officer, he served with the Royal 22e
Régiment, 1 Commando, Canadian Airborne Regiment in
Europe, the United States
and Canada from 1983 to 1990.
He earned a degree in French Common Law (LL.B) at
the University of Ottawa in 1993, and was admitted
to the Law Society of
Ontario in 1995. LCol (Ret’d) Perron worked in the
Office of the Judge Advocate General from 1995 to
2004. He was deployed in
1996 as Legal Advisor for the commanders of the
Canadian Contingent in Bosnia-Herzegovina and later
in Rwanda and Uganda.
He was deployed again in 2001 as Legal Advisor for
the commander of the Canadian Joint Task Force at
the start of military
operations in Afghanistan.
LCol (Ret’d) Perron commanded the Canadian Forces
National Counter-Intelligence Unit from 2004 to
2006. He was appointed
military judge by the Governor in Council on June 2,
2006. LCol (Ret’d) Perron received an honourable
discharge on February 7,
2014, after 35 years of service (retired).
He obtained a Master of Laws (LL.M) from the
University of Ottawa in 2008, specializing in law
and national security. He is
currently teaching a course in law and national
security in the French Common Law and Civil Law
sections at the University of Ottawa.
In 2017, he served as a guest expert at a national
interdepartmental workshop on the prosecution
strategy in cases of terrorism, organized
by the UN and held in N’Djamena, Chad, in 2017.
From 2012 to 2017, he was Vice-President of the
Board of Directors of RESO (Regroupement des parents
et amis des enfants sourds
et malentendants franco-ontariens). From 2010
to 2015, he served as School Council President at
the Provincial School of the Centre
Jules-Léger (CJL) for Francophone children who are
deaf or hard-of-hearing, blind or have low vision,
or are deafblind. He was actively
involved in the initiatives, projects and
negotiations with Ontario’s Ministry of Education
and Francophone school boards that led to
Franco-Ontarian governance of the CJL.
He is a member of the boards of directors of the
Association du Royal 22e Régiment, the Canadian
Institute for Military and Veteran
Health Research and the National Military Law
Section of the Canadian Bar Association, where he is
also the Chair of the Legislation
and Law Reform Committee.
Natif d’Earlton, Ontario, le
lieutenant-colonel à la retraite (lcol
(ret)) Jean-Guy Perron s’est
enrôlé dans les Forces canadiennes en
1978 et a obtenu un baccalauréat ès arts en
Études militaires et stratégiques du Collège
militaire royal de Saint Jean en 1983.
Officier
d’infanterie, il servit avec le Royal 22e
Régiment et le 1er Commando, Régiment
aéroporté du Canada en Europe, aux États-Unis
et
au Canada de 1983 à1990.
Diplômé en common law en français(LL.B.) de
l’Université d'Ottawa en 1993, il fut
admis au Barreau de l’Ontario en 1995. Le
lcol (ret) Perron a œuvré au sein du Cabinet
du Juge-avocat général de 1995 à 2004. Il fut
déployé en en 1996 à titre de conseiller
juridique des commandants du Contingent
canadien en Bosnie-Herzégovine et ensuite au
Rwanda et en Ouganda. Il fut de nouveau
déployé en 2001 à titre de conseiller
juridique du commandant de la Force
opérationnelle interarmées canadienne au tout
début
d’opérations militaires en Afghanistan.
Le lcol (ret) Perron commanda l’Unité
nationale de contre-ingérence des Forces
canadiennes de 2004 à 2006. Il fut nommé juge
militaire par le gouverneur en conseil le 2
juin 2006. Le lcol (ret) Perron fut libéré
honorablement après 35 ans de service
(retraite)
des Forces canadiennes le 7 février 2014.
Il a obtenu sa maîtrise en droit (L.L.M.) de
l’université d’Ottawa en 2008 se spécialisant
dans le droit et la sécurité nationale. Il
enseigne présentement un cours sur le droit et
la sécurité nationale aux facultés de common
law en français et de droit civil à
l’université d’Ottawa. Il participa à titre
d’expert invité à un atelier national
interservices sur la stratégie de poursuites
dans les
cas de terrorisme organisé par l’ONU se
déroulant N’Djamena au Tchad en 2017.
De 2012 à 2017, il fut vice-président du
conseil d’administration de RESO (Regroupement
des parents et amis des enfants sourds
et malentendants franco-ontariens). Il a
agi aussi à titre de président du conseil
d’école de l’école provinciale pour enfants
sourds,
malentendants, aveugles, à basse vision et
sourds-aveugles francophones au Centre
Jules-Léger (CJL) de 2010 à 2015. Il fut
activement impliqué dans les initiatives,
travaux et négociations avec le ministère de
l’Éducation de l’Ontario et les conseils
scolaires francophones qui menèrent à une
gouvernance franco-ontarienne du CJL.
Il est membre des conseils d’administration
de l’Association du Royal 22e Régiment, de
l’Institut canadien de recherche sur la
santé des militaires et des vétérans et de la
Section nationale de droit militaire de
l’Association du barreau canadien dont il est
aussi le président du Comité de la législation
et de la réforme du droit.
___________on PERRON, Major Jean-Guy, see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa :
Office of the Judge Advocate General, c2002, at p. 175, available
at
103-242;
----
___________on Perron, Jean-Guy, see CIPRIANI, Jean-Philippe,
"Chronique de la Justice -- La Cour martiale", site web, "Le droit
de savoir", video, 6 minutes; interview avec le juge militaire
Jean-Guy Perron; disponible à http://www.ledroitdesavoir.ca/voir_segment03.asp?id=31&segment=4
(vérifié le 22 avril 2013);
___________"Op Apollo -- 'ROTO O' ", (2003) 1 JAG
Newsletter -- Les actualités 56-59; note: article en français; ENGLISH:
___________ "Op Apollo-- 'Roto O' ", (2003) 1 JAG Newsletter --
Les actualités 53-56; note: article in English;
I would say that over 85% of my time was devoted
to operations. Questions of discipline, administra-
tive law and interpretation of regulations or other orders
accounted for the other 45% (sic) of my
time. When I arrived in Tampa, playing an active part
in drafting rules of engagement for JTSWA
and offering legal advice on their interpretation of the ROE
quickly became two of my most important
priorities. These were activities that occupied much
of my time. I also have to admit that the
issue of detainees monopolized a good deal of my time during
the months of November, December,
January and February. Any deployed legal officer has
to be fully familiar with CF doctrine regarding
operations because any command relationship in a JTF has to
respect this doctrine. Another task that
soon fell to me was the initial drafting and regular
updating of the document appointing commanding
officers and assigning their responsibilities.
Revising orders and other directives for the signature of
the Commander JTFSWA or the CDS was another task that took
up much of my time. Like any op-
erational legal officer assigned to a senior HQ, I was
working with each branch of the headquarters
staff, whether it be in the context of current operations,
intelligence, planning of future opera-
tions, logistics, communications, personnel administration
or finance.
___________"A Review of Bill C-77" presented to the House of
Commons, Standing Committee on National
Defence, on Bill C-77, An Act to amend the National
Defence Act and to make related and consequential amendments to
other Acts, 1 November 2018 (42nd Parl., 1st Sess.., meeting
114), available at http://www.ourcommons.ca/Content/Committee/421/NDDN/Brief/BR10139829/br-external/PerronJeanGuy-e.pdf
(accessed 20 November 2018);
___________Suspected Terrorists --
Not Wanted (Unless you are Canadian): A Comparative Analysis
of the Ministerial Power to Detain and Deport and the
Representation of Suspected Terrorists in Canada, the United
Kingdom and Australia; Master's essay for LL.M.
degree, University of Ottawa, 2003; titre noté dans mes recherches
mais mémoire non encore consulté; source: "Liste des mémoires de
maîtrise et thèses de doctorat acceptés en 2008", (2009) 68 La
Revue du Barreau 583 à la p.584; LCol Perron is a military
judge, see http://www.jmc-cmj.forces.gc.ca/bio/perron-jg-eng.asp
(accessed on 18 March 2012);
___________Testimony and video-still of Perron, Jean-Guy, 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. Perron is a former
Lieutnant-Colonel (Ret'd) and appeared as an individual;
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
Oscar Peterson, 1925-2007
PETERSON, Oscar, "Hymn to Freedom", The Legal Branch March/Chanson
de marche de la Branche des services juridique, see:
ml-fd.caf-fac.ca/en/2018/05/13621, music-video available at youtube.com/watch?v=tCrrZ1NnCuM
(accessed 19 May 2018);
Image
source: https://www.google.com, image search, accessed on 10 January
2015
PETROU, Michael, "The proper path to war: Stephen Harper doesn't
need Parliament's approval to join the Iraq war. But there are
advantages to getting it", MacLean's -- Canada's National
Magazine, 13 October 2014, at p. 20;
PETTAPIECE, Arthur S., Major, spent two years with the JAG
"department' in London, England, see "Obituaries -- A.S.
Pettapiece", The Gazette, Montreal, Wednesday, 24 October
1962 at p. 34; available at https://www.newspapers.com..../,
accessed 28 May 2020; his wife was Elizabeth Chenier;
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
-----------
From the left: Capt Leishia Pettigrew, Maj Sean Raleigh, Lt
Geoff
New Zealand Air Force -- New Legal Eagles: L-R: FLTLT Randall
Walker,
Gaul, Lt Col Randy Callan, Maj Phillip Drew, Maj Tammy
Tremblay BRIG
Kevin Riordan (Director General of Defence Legal Services), FLTLT
& Lt Cdr Mary Wardam; Image source: p. 15 of the
article.
Andy Greig, LTCOL Steve Taylor, CAPT Leishia Pettigrew, CAPT Kate
Hill,
CDR Chris Griggs. WN; source: airforce.mil.nz/about-us/news/airforce-news/archive/91/image-gallery/wn08003707jpg.htm
accessed 2 November 2017
PETTIGREW, Leishia, "Canada-NZ Exchange 2007 -- Legal Staff Officer
Captain Leisha Pettigrew, from HQ 3rd Land Force Group, Took Part in
the Annual Exchange in Canada (CANEX). It proved to be a
Joint-Service Experience", (2007) 126 Navy Today
14-15; available at http://navy.mil.nz/downloads/pdf/navy-today/nt126-web.pdf
(accessed 4 November 2015);
IN
MAY, I headed to Canada for CANZEX 07. My initial
destination was Victoria, British Colombia, where I
arrived at Canadian Forces Base (CFB)
Esquimalt and quickly settled into the wardroom. I was to
spend my time in British Colombia at the office of the
Pacific Region Assistant Judge
Advocate General – AJAG (P).
My ‘laid-back’ introduction to the new office lasted about
5 seconds, as I happened to arrive in the middle of a
major
discipline issue. However, this also meant catching a Sea
King helicopter out to HMCS ALGONQUIN at sea. It was
a fabulous day and the aerial tour was appreciated. My
host officer MAJ Philip Drew, assured me this was not how
they always did business...
PHAM, Lan, (Lan Rhonda Huong), lawyer, member of the Law Society of
Ontario, member of the OJAG (information as of 28 May 2019); she
attended, as a regular force officer, 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;
Office of the JAG@JAGCAF[28 May 2019] Legal Officers
LCdr Pagé, Capt Klassen, Lt Feltham, Capt
Pham, and Lt(N) Gonsalves
are at @uOttawa
this week learning from Canadian and International
experts about International Humanitarian Law through
realistic case studies. #IHL
Marc Philippe
PHILIPPE, Marc, former JAG officer, 1989-2014, now "Co Owner at
Private Enterprise - Independant Art Professional", source: https://ca.linkedin.com/in/marc-philippe-00b722104,
accessed 24 May 2018
PHILIPPE, Marc, right on the photo receiving the Somalia medal from
BGen Pierre Boutet, Judge Advocate General, 2 February 1998; image
source: JAG Newsletter/Bulletin d'actualités du JAG, volume
1, Part 1, Jan-Feb 98 (posted 21 December 2016);
___________ Mark Philippe, left on the photo receiving his CD for
his 12 years of service from LCol Benoît Pinsonneault, image source:
(Nov-Dec 2000) 4 JAG Newsletter-Bulletin d'actualités 5,
accessed 21 October 2017;
___________on Marc Philippe, see KELLY, Gloria, “RMC-led team win
international competition”, (11 May 2005) 8(18) The Maple Leaf
4; available at http://publications.gc.ca/collections/collection_2015/mdn-dnd/D12-7-8-18.pdf
(accessed 25 September 2016); also, with the same title, in (2005) 1
Les actualités JAG Newsletter 11; FRANÇAIS: ___________sur Marc Philippe, voir KELLY, Gloria, "Une équipe
du CMR remporte un concours international", (2005) 1 Les
actualités JAG Newsletter 11;
Photo description in citation hereunder
__________ Marc Philippe was a JAG officer from 1989-2014
(https://ca.linkedin.com/in/marc-philippe-00b722104);
[photo description:]
The soldiers of Force XXI and the Army
After Next must be diplomats, managers, relief
workers, and police officers as well
as warriors. Somalia, Haiti, Bosnia and Rwanda
illustrate the complicated political, economic, and
social issues---legal and
non-legal---confronting commanders. It is no longer
unusual, for example, for Army lawyers to work along
side judge
advocates from other nations. Thus, while serving as
the U.N. Mission in Haiti Force (UNMIH) Legal
Advisor, MAJ Mark S.
Ackerman, was assisted by Canadian judge advocate
MAJ Marc B. Philippe. In this photograph, taken in
Port-au-Prince
in 1995, Ackerman (left) and Philippe (right) advise
COL Khatak, Commander, Pakistan Contingent, UNMIH
Military Force.
[source: http://www.eur.army.mil/21TSC/SJA/History/History2.htm,
accessed 22 June 2017]
___________on PHILIPPE, Major Marc, see Sallot, Jeff, "Excessive
force suspected by lawyer. Army counsel urged inquiry in
Somalia", The Globe and Mail, at p. A4;
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 PHILIPPE, Major Marc, see his testimony before the Commission of Inquiry into the Deployment of Canadian
Forces to Somalia, volumes 159 & 160 of the
transcripts;
----
___________on PHILIPPE, Major Marc, see McDONALD, R. Arthur, (Ronald
Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office
of the Judge Advocate General, c2002, at pages 155, 156, 159 and
176, available at 103-242;
Kirby Abbott (right) with Marc Philippe in Somalia,
photo reproduced from McDonald, R. Arthur, Canada's
Military Lawyers, infra., at p. 156.
Source:
Source: (2003) 1 JAG Newsletter -- Les actualités at p. 9
"Certificate of Commendation for Sept 11th, 2001,
to: S. Roy, L. Vaillancourt, Maj Van Veen, Maj Fensom, Cdr Phillips, LCol Perron, [the JAG:
Jerry Pitzul], LCol Herfst, Maj Carson,
LCol Fournier, Cdr Maguire, Capt(N) MacDougall".
Phillips, Guy
Commander (Retired), Adjunct & Sessional Assistant
Professor, Royal Military College of Canada, CANADA
Cdr Phillips joined the Canadian Forces in 1985 and practiced
law exclusively in the Canadian Forces
as a Legal Officer in the Office of the Judge Advocate General
until 2012. In addition to prosecuting
and defending at courts martials, he advised on a wide variety
of military and civilian legal issues,
including international issues such as Law of the Sea, Air
Law, Operational Law, Law of Armed Conflict
and Negotiating Status of Forces treaties. The pinnacles
of his career were in International Law and
Operational Law, including as legal advisor to the Canadian
Air Task Group Middle East in Doha,
Qatar, during the "Gulf War" in 1990-91; the Commander of the
military forces in the UN Transition
Mission in Haiti (UNTMIH) in 1997; the Commander of NATO SFOR
Brigade North-West in Banja
Luka, Bosnia-Hezegovina, in 2003104; the CO of HMCS
Fredericton during OP SAIPH in the Gulf of
Aden, Indian Ocean and Persian Gulf in 2009/10 (patrolling for
pirates and sea-borne terrorists).
Professor Phillips started teaching undergraduates and
graduate students at the Royal Military
College of Canada (RMC) in 2006 where he currently continues
to teach as an Adjunct Assistant
Professor. (source: https://www.mcgill.ca/iasl/files/iasl/2016_4th_manfred_lachs_conference_on _conflicts_in_space_and_the_rule_of_law_final_program.pdf,
accessed 3 March 2017).
When most
guys turn 60 and start planning a trip to Hawaii,
they’re thinking vacation. Not Guy Phillips. When he
reaches that
milestone next year, he hopes to travel to
Polynesia with a very different aim in mind.
Being a
relative newcomer to the sport of triathlon, Phillips
figures that once he enters his sixth decade, he’ll have
a prime chance
to realize one of his great unfulfilled goals:
qualifying for the Ford Ironman World Championship in
Hawaii. The race, held each October,
attracts about 1,800 of the world’s most elite
triathletes and is almost as difficult to qualify for as
the Olympics.
The Hawaii Ironman triathlon — originally a
challenge competition started by a U.S. navy officer —
is a gruelling 3.86-km swim,
180-km bike race and 42.2-km run. Participants
have a limit of 17 hours to complete the course. (Last
year’s winners finished in just
under nine hours.) Done in sequence with competitors
vying against each other, the elements and the clock,
the race gives new meaning
to the word “ultimate.”
The
registration process for Ironman triathlons is quirky
and complicated, and competitors must earn a spot at a
qualifying event
or be selected through a lottery. The bottom line
for Phillips is that there are fewer triathletes
aged 60 and over than there are younger
competitors, improving his chances of qualifying in his
age group “at the bottom end of the senior age pool.” If
Phillips’ track record in
life is any indication, he’ll make it.
The son of a
military man, he was born in Cape Town, South Africa,
and lived all over the world in his youth. In 1968, his
family
settled in Barrie, Ont., where Phillips finished high
school. He earned a bachelor of arts from Carleton
University and a law degree from
Osgoode Hall before embarking on a 24-year career in the
Canadian military that took him on deployments to
Bosnia, Haiti, the Gulf War
and pirate hunting off the coast of Somalia. Along the
way, he somehow found time to navigate a world-class car
rally team, compete as
a bicycle racer and earn a master of laws in
international law. By the time he retired, he had risen
to the rank of naval commander.
For the past few years, he has taught at the Royal
Military College.
It was only in 2006, when he and his wife, Mary
Jane — who’s also a triathlete — arrived in Kingston
that Phillips was able to take
up triathlon seriously. The couple’s involvement began
casually when they ran in a five-km race as an excuse to
get in shape, and not
long afterwards Phillips competed in his first triathlon
at Wasaga Beach. Since then, he has competed in 26
triathlons, including the 2009
Ironman at Lake Placid, N.Y. “It was amazing just to be
in that annual race, competing in the same field as some
of the world’s top
triathletes. When I came into town on my bike, the
street was lined with spectators, and later
when the public address announcer called
out, ‘Guy Phillips . . . you are an Ironman!’ — what a feeling that
was.”
The roar of the crowd and the joy of competing at
an elite level have driven Phillips to make
Ironman-distance triathlon his sport.
He’s halfway through a six-month training program that’s
designed to get him into shape to qualify for next
year’s world championships
in Hawaii. Phillips has a busy summer planned with a
race calendar that includes a half-dozen competitions,
including the K-Town Triathlon
and the Canadian Ironman in Penticton, B.C., in August.
“The thing with training for the Ironman
competition is that there can be no cheating on the
training,” he says. “You have to have
the intensity and to put in the time it takes to get
into proper shape. I’m determined on both counts.”
Guy Phillips’ Training Routine
At five feet nine inches tall and his ideal
body weight of 148 pounds — and seven-per-cent body fat
— Guy Phillips has the ideal Ironman triathlete’s build.
To hone his physical condition, he works out twice
daily, six days each week, for a total of about 15
hours. “In terms of food, both my wife and I eat a
healthy diet with plenty of fresh fruit and vegetables,
salads, all kinds of meat and fish. We watch the serving
sizes. Close to a race day, I load up on carbs,
consuming calories like mad,” he says.
https://www.rmc-cmr.ca/en/list-instructors-a-z
___________on PHILLIPS, Lieutenant-Commander Guy, see McDONALD, R.
Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at pages
141-142, available at 103-242;
___________on Phillips, G., Cdr (Ret'd), Assistant Professor,
Department of Management, Royal Military College of Canada, at Guy.Phillips@rmc-cmr.ca,
info valid in 2020, see (accessed 20 April 2020);
___________on Phillips, G.R. (initials?), was a
captain with the OJAG in 1985 (source: Canadian Forces
Officer's List (Regular) (Bilingual), A-AD-224-001/AF-001,
1985-11-20, obtained from DND, Access to Information
and Privacy, file A-2019-00318, 13 February 2020);
PHILLIPS, Lester Henry, 1911-, Canada's internal security,
Ph.D. thesis, University of Michigan, 1945;
___________"Canada's internal security", Canadian journal of
economics and political science, vol. 12, no. 1, February,
1946, pp. 18-29; research note: may be the summary of his thesis;
PICHET, J.M.R., lawyer who enrolled as a captain with the OJAG
on 14 September 1980 (source: Canadian Forces Officer's List
(Regular), A-AD-224-001/CFP/PFC 224), 31 December 1980, obtained
from DND, Access to Information and Privacy, file A-2019-00318, 13
February 2020);
Photo
source: www.radiovm.com/ecouter/programmation/la-guerre-la-paix-et-dieu-une-reflexion-ethique,
accessed 18 August 2016
Yvon Pichette
PICHETTE, Yvon, Une éthique militaire fondée sur les vertus dans
le cadre des opérations de soutien de la paix: Une analyse
théorique, pratique et théologique, une thèse doctorale
soumise à la faculté de théologie en candidature pour le diplome de
doctorat, concentration en éthique, Université d'Ottawa, 2006, ix,
[5], 304 feuilles; disponible à https://www.ruor.uottawa.ca/handle/10393/29426
(vérifié 18 August 2016);
Abstract: 1. L'énoncé du problème.
L'hypothèse de cette thèse repose sur l'utilisation des
théories sur la structure de la pratique et la théorie des
vertus d'Alasdair MacIntyre. L'objectif de cette thèse est
de démontrer qu'il est possible de concevoir une éthique
militaire qui puisse répondre
plus adéquatement aux defis éthiques rencontrés par les
membres des Forces canadiennes déployés dans le cadre des
opérations de soutien de
la paix. 2. Méthodologie et questions importantes. Pour
réaliser notre objectif, nous avons posé trois questions qui
portent chacune sur un
aspect particulier servant à démontrer notre raisonnement
qui articule notre hypothèse. La première question sert à
établir les cadres théoriques
de notre proposition et s'articule ainsi: Quelles sont les
théories qui sont susceptibles de nous aider dans notre
recherche pour l'amélioration du
Programme d'éthique de la Defense? Selon nous, ce programme
trouve ses fondements dans la théorie libérale de John
Rawls. Nous voulons
examiner certaines limites de cette théorie afin de proposer
la nécessite d'établir la spécificité des pratiques
militaires. De plus, nous allons suggérer
le consensus délibératif comme solution au problème que pose
le consensus par recoupement de John Rawls. Le deuxième
chapitre servira à exposer
la théorie des vertus d'Alasdair MacIntyre qui se fonde tout
particulièrement mais non exclusivement sur sa notion de
pratique et des biens internes
inhérents. La deuxième question porte sur l'aspect pratique
de notre recherche et elle se libelle comme suit: Quels sont
les éléments que nous pourrions
utiliser pour démontrer certains des avantages de la théorie
des vertus d'Alasdair MacIntyre? Pour répondre à cette
question nous allons nous servir
de scénarios qui expliciteront deux aspects des pratiques
que nous retrouvons dans le cadre des opérations de soutien
de la paix, soit les pratiques liées
à l'utilisation de la force et celles liées à la négociation
et à la médiation. Suivant la description de ces pratiques,
nous allons procéder à une première
analyse de ces pratiques à la lumière de la théorie des
vertus de MacIntyre. La troisième question porte sur la
dimension théologique de notre recherche
et elle examinera les différents rôles de l'aumonier
militaire, plus particulièrement en ce qui a trait à
favoriser et à maintenir les valeurs spirituelles et
morales. De plus, l'aumonier militaire joue le rôle du
conseiller aupres de la chaine de commandement sur tout ce
qui concerne le bien-être spirituel
et moral des militaires et de leur famille. Il faut ajouter
que ces rôles doivent s'exercer tant en garnison que lors
des opérations de soutien de la paix.
En d'autres mots, cette dernière question porte surtout sur
la dimension opérationnelle du rôle de l'aumonier: Comment
la théorie de l'éthique des
vertus de MacIntyre peut-elle contribuer au rôle important
que l'aumonier militaire exerce dans le cadre des opérations
de soutien de la paix,
particulièrement les aumoniers qui appartiennent à la
dénomination catholique romaine. Notre objectif en ce qui a
trait à notre recherche est
d'engager un dialogue avec les responsables du Programme
d'éthique de la Défense afin de favoriser la mise en pauvre
d'un programme d'éthique
répondant aux besoins spécifiques liées aux pratiques
exercées par les militaires dans le cadre des opérations de
soutien de la paix. (Abstract shortened by UMI.)
------------------
source:
https://ca.linkedin.com/in/stephane-pierre-noel-46a562141
Promoition à
Capc:
Stéphane
Pierre-Noël Lt(v)
Stéphane Pierre-Noël source: (2006) 1 JAG Les
actualités
--Newsletter p. 11
PIERRE-NOEL, Stéphane, membre
du Barreau du Québec, avocat militaire, Bureau du
Juge-avocat généra, photos:
IS2013-2000-004
Le capitaine de corvette Stéphane Pierre-Noel, du Commandement des opérations interarmées du Canada, exécute ses tâches dans le laboratoire de combat interarmées du Centre de guerre des Forces canadiennes, à Ottawa (Ontario), le 15 mai 2013, dans le cadre de l’exercice interarmées 2013.
Photo reproduite de : 2016-2017, Rapport annuel du Juge-avocat général au ministre de la Défense nationale sur l'administration de la justice militaire du 1er avril 2016 au 31 mars 2017, ISSN 1497-7184, à la page 8, source: publications.gc.ca/collections/collection_2017/mdn-dnd/D1-16-2017-fra.pdf, consulté le 28 juin 2019.
--- Image source:
dundurn.com/authors/Peter-Pigott, accessed 19
May 2017
Peter Pigott
PIGOTT, Peter, From far and
wide : a complete history of Canada's Arctic sovereignty, Toronto :
Dundurn, c2011, 312 p., [16] p.
of plates : ill. (some col.), map ; 24 cm., ISBN: 9781554889877 and 1554889871;
Is the Canadian North a state of mind or simply
the lands and waters above the 60th parallel? In searching
for the ill-fated Franklin Expedition in the
19th century, Britain's Royal Navy mapped and charted most
of the Arctic Archipelago. In 1874 Canadian Prime Minister
Alexander Mackenzie
agreed to take up sovereignty of all the Arctic, if only to
keep the United States and Tsarist Russia out. But as the
dominion expanded east and west,
the ?North” was forgotten. Besides a few industries, its
potential was unknown. It was as one Canadian said ?for
later.”
There wasn't much need to send police or military
expeditions to the North. Not only was there little tribal
warfare between the Inuit or First Nations,
but there were few white settlers to protect and the
?forts” were mainly trading posts. Thus, in the early 20th
century, Canada's Arctic was less known
than Sudan or South Africa.
From Far and Wide recounts exclusively the
historic activities of the Canadian military in Canada's
North.
[source for text and image of book: play.google.com/store/books/details?id=1nMRR3nzAnQC&source=productsearch&utm_source=HA_Desktop_US&utm_medium=SEM&utm_campaign=PLA&pcampaignid=
MKTAD0930BO1&gclid=CJG8-pCf_NMCFbLnMgoduDkP7w&gclsrc=ds&dclid=CJvYhZGf_NMCFUU4TwoduGQAAg,
accessed 19 May 2017]
PILGRIM, J. Wayne, "The Security Gap Between the Military and Law
Enforcement in Counter-Terrorism", October 2002; available at http://www.dtic.mil/docs/citations/ADA442520
(accessed 26 September 2015); see also http://www.dtic.mil/get-tr-doc/pdf?AD=ADA442520;
J. Wayne Pilgrim, Superintendent, Officer In Charge, National
Security Program, Criminal Intelligence Directorate, Royal Canadian
Mounted Police;
------ Image source: iusafs.org/partners/IUSCanada.asp, accessed 1
March 2018
Dr. Franklin ("Frank") Pinch (Past Chair,
IUS/Canada and
Board/Council Member, and Associate Editor, Armed Forces and
Society)
congratulates
Bonnie Vest outside Yo Hall, on the Royal Military College of Canada
campus,
upon her
being selected for the 2008 Graduate Student Award that bears his
name.
“This
report reviews and synthesizes the background literature and
otherdocumentation
relating to transition from a homosexual ban
to thecancellation of
the exclusionary policy in the Canadian Forces”
–NISC Gay
&
Lesbian Abstracts.Information in abstract indicatesthat the report is
available for order from NTIS in Springfield, Virginia.
(source:
http://library2.usask.ca/srsd/gaycanada/misc/MILITARY.htm,
accessed 18 August 2016);
Image
source: https://www.cfc.forces.gc.ca/136/295-eng.html, accessed 1
March 2018
Abstract
Despite its content being perceived as highly relevant to
Canadian Forces (CF) leader development and current and
future role demands,
sociology has not become permanently embedded in the
Canadian military college (milcol) curriculum. We argue that
among other factors,
this has been the result of such influences as lack of
interest and/or support from academic sociologists outside
the military; hegemony of
other disciplines within the military; reaction of the
military system to sociological topics and results; the
number and organization of
uniformed and civilian sociologists internally; and the
failure of military sociologists to adequately market
themselves or to follow up on
the gains they have made. Notwithstanding, the authors note
that recent developments both outside and inside the
military college environment
offer some promise of improved prospects for sociology (and
anthropology): preferably, within a more multidisciplinary
instructional context.
In practice since 1994; bilingual; also active in federal
jurisdiction.
Michele is a chartered arbitrator (c. arb.), mediator (c.
med.) and a
member of the Quebec Bar since 1981.
Education
B.A., 1968, Carleton University; Bachelor of Laws
(B.C.L.), 1979,
McGill University; French Baccalaureate, 1968, University
de Paris
(Sorbonne); Chartered Mediator (AMIC); Chartered
Arbitrator (AMIC);
VIIB-ADR Certification.
Background
Vice-Chairperson, Public Service Labour Relations Board,
2007-2011;
Vice-Chairperson, Canada Industrial Relations Board,
1999-2006; Private
arbitrator and mediator, at a private arbitration and
mediation practice, 1992-1998.
Me Benoît Pinsonneault (1971), de
la section de Montréal, prend sa retraite des Forces
canadiennes comme avocat militaire, après 27 ans de
service
au cabinet du juge-avocat général. Diplômé de la Faculté
de droit de l'Université de Sherbrooke en 1970, Me Pinsonneault
a exercé en pratique privée
pendant quatre ans à Saint-Jean-sur-Richelieu, avant de
joindre les Forces canadiennes en 1975. Sa carrière
militaire l'a amené à exercer différentes
fonctions, principalement au Québec et en Ontario, mais
aussi en Allemagne de 1990 à 1993 à titre d'assistant-juge
avocat général. Sa principale fonction
était alors de procureur-chef de la poursuite pour toutes
les cours martiales se produisant en Europe. De retour au
Canada, il a assumé pendant cinq ans la
position de directeur juridique des réclamations par et
contre la Couronne à Ottawa. Après un séjour à Montréal,
le lieutenant-colonel Pinsonneault a été
nommé directeur-adjoint des poursuites militaires pour les
Forces canadiennes par le ministre de la Défense nationale
en 2001, poste qu'il occupera jusqu'à
sa retraite, prévue pour le 8 juillet prochain.
Benoît Pinsonneault, 2014
____________"Benoît Pinsonneault - Club de Marche Voyageurs
d'Ottawa", You Tube Video, 3:20 mintes, available at https://www.youtube.com/watch?v=G7c6Z48rEKk
(accessed 25 December 2017);
___________LCol Benoît Pinsonneault, on the right, receiving his
CD1 for 22 years of service from BGen Pierre Boutet, 2 February
1998, image source: JAG Newsletter/Bulletin d'actualités du
JAG, volume 1, Part 1, Jan-Feb 98 (image posted on 21
December 2016);
__________ Taking a break from
our court martial duties, at the Greek Tavern, Nicosia, Cyprus, 12
June 1982:
From the front left, clockwise: François Lareau, Benoît Pinsonneault, Guy Brais,
Francis (Frank)
Bergeron and Richard Veuilleux. The first four CF
members were not part of the United Nations
Force in Cyprus but were there on temporary duty for a court
martial of a CF member who had
been involved in incidents while with the UN Force in
Cyprus.
___________ Mark Philippe, left on the photo receiving his CD for
his 12 years of service from LCol Benoît Pinsonneault, image
source: (Nov-Dec 2000) 4 JAG Newsletter-Bulletin d'actualités
5, accessed 21 October 2017;
___________Lcol B. Pinsonneault (à gauche) avec le Capc M.
Pelletier (source de l'image: (July-Oct 2000) 3 JAG
Newsletter--Bulletin d'actualités at p. 5)
PINSONNEAULT, Gérard, La propagande de recrutement
militaire au Canada, 1914-1917. Essai en histoire des mentalités,
mémoire de maîtrise, Université de Sherbrooke, 1981, 183 p.,
Mémoire dirigé par Laperrière, Guy, 1981; titre noté dans mes
articles mais thèse non consultée (13 décembre 2016);
PIROMALLI, Michelle, 1977-, Canada's
domestic
security : the role of the Canadian Forces in the event of
Quebec separation, Thesis (M.A.), Dalhousie University,
2001, viii, 117 leaves, Includes bibliographical references
(leaves 110-117); thesis not consulted yet; see abstract and table
of contents at https://search.proquest.com/docview/304739206
(accessed 20 April 2020);
The possibility that Quebec could
secede from Canada necessitates a closer examination of the
possible post-secession environment. A referendum
vote in favour of Quebec separation will place the federal
government in a precarious position: to protect the security and
safety of Canadians as well
as attempting to keep the country together. The federal
government's response to such an event will be fashioned according
to existing legal and
political rights, and the constraints that are imposed upon them.
An affirmative vote to separate could trigger three possible
responses by the federal
government: it could accept it, it could go through a period of
debate but show willingness to negotiate, or it could contest it.
Each possible response
confers on the government different legal and political rights to
involve the Canadian Forces (CF). As an extension to the analysis
of the possible
implications for the federal government and the CF if Quebec votes
in a referendum to separate, the current legislation, the
'Emergencies Act' and
the ' National Defence Act', will be analyzed to determine whether
it is sufficient for dealing with such a national emergency.
(Abstract shortened by UMI.) [Source: AMICUS catalogue]
-- 12th Judge Advocate General, 1998-2006
Major-General Jerry S.T. Pitzul,
photo reproduced from the back dust jacket of
McDonald, R. Arthur, Canada's Military Lawyers, supra.
PITZUL, Jerry S.T., "[Address of] Major-General Jerry Pitzul,
Q.C. to the Office of the JAG Annual Mess Dinner, Royal Canadian
Air Force Officers Mess, 27 October 2005, Ottawa, Ontario, Dîner
régimentaire annuel du Cabinet du JAG, Mess des Officiers de la
Force aérienne, 27 octobre 2005, Ottawa, Ontario], Past year's
activities; Presentation to members of the JAG Advisory Panel on
Military Justice; Presentation to Mr. David Bright [past chair of
the Canadian Bar Association National Military Law Section];
JAG Liz Lundy Award of Excellence [to Madame Christiane Chevalier
and Mrs. Roma Stevenson]; JAG Commendations -- Mr. W. Hays
Parks; Professor Leslie Green); JAG Award of Excellence (to LCol
Mike Gibson)", (2006) 1 JAG Les
actualités -- Newsletter 16-22;
___________"I fully supported creating a military ombudsman", The
Ottawa Citizen, 6 January 2000 at p. A13;
___________ "JAG
Change of Appointment Ceremony / Passation des fonctions du
JAG", (2007) 1 JAG Les
actualités Newsletter 3--4; article in French and English; article en
français et en anglais;
___________ "JAG REPORT (1998-99)", JAG Newsletter,
Vol.III, July-Sept 1999, pp. 76-92; Brigadier General Pitzul is
the Judge Advocate General of the Canadian Forces. The
titles headings of this report include: "Implementing Bill C-25",
"Reestablishing the Credibility of the Military Justice System",
"Implementing a Revised Legal Services Organization",
"Rejuvenating the Office of the JAG", "Current Activities" and
"Future Challenges"; FRANÇAIS : ___________dans JAG
Bulletin d'actualités (publication bilingue, même numéro
que la version anglaise);
___________"Letters to the Editor -- Military justice maligned", The
Ottawa Citizen, 1 November 1999, p. A13;
___________"Letters to the Editor -- Setting the record straight
on the Forces ombudsman", The
Ottawa Citizen, 18 May 2001, p. A13, letter in reply to
Blanchfield, "Internal battle rages over Forces ombudsman: Marin
accuses DND legal branch of waste, delays", supra; there
is a mistake in BGen Pitzul's article as the proper reference to
his June 1, 2000 testimony is before the House of Commons,
Standing Committee on National Defence and Veterans Affairs and
not the Senate Committee;
___________on PITZUL, Jerry, see CRANSTON, Marla, "Prosecution
progress: After a turbulent time, Novga Scotia's Crown Attorneys
had a 'good year' , director [Jerry Pitzul] says", The Daily
News (Halifax) 13 January 1997;
___________on PITZUL, Major-General J.S.T. (Jerry), see McDONALD,
R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at pages
154, 160, 179-182, available at 103-242;
___________photo of Jerry Pitzul on the cover of the (2006) 1 JAG
Les actualités -- Newsletter;
____________Photo du Juge-avocat général, le Brigadier
général Jerry Pitzul, rencontrant l'ombudsman des Forces
israéliennes de défense, 2001; cette photo vient de la publication
suivante: André Marin, Remaniement de la surveillance, Livre
blanc de l'obudsman, à la p. 11, disponible à http://www.ombudsman.forces.gc.ca/assets/OMBUDSMAN_Internet/docs/fr/remaniement.pdf
(vérifié le 15 janvier 2017);
___________photo récente de Jerry Pitzul:
"Office of the JAG@JAGCAF12h12 hours ago
In her first role as our new honorary, HCapt(N)
McLachlin moderated a panel yesterday of JAGs former and
current on Learning From Our
Past To Position For The Future. BGen(Ret’d) Boutet , MGen(Ret’d)
Pitzul [first from the left],
BGen(Ret’d) Watkin, MGen(Ret’d) Cathcart and Cmdre
Bernatchez took part." (from JAG Twitter,
accessed 22 June 2018)
___________photos of Jerry Pitzul 1978 and 1979:
Jerry Pitzul (photo posted on 4 June 2012 on my blog)
- Here is a photo that
François Lareau took of young Captain Jerry Pitzul in
1978, Jerry was then a student at Dalhousie
University.
The picture was taken at Captain Bob
Benson's residence in Nova Scotia. In 1978, François
Lareau was with the AJAG office
in Halifax. The AJAG was
Lieutenant-Colonel Jim Fay, an excellent mentor for
military law. Jerry subsequently worked
for LCol Fay in Halifax.
___________Senior Associate & Consultant, David Pratt &
Associates, see https://dpa.ltd/jerry-pitzul/
(accessed 13 June 2018);
___________"The Role and Functions of Military Lawyers in the
Canadian Forces", (1999) 38 The
Military Law and the Law of War Review 359 to approx.
368;
___________"Speaking Notes, Advisory Committee on Defence", 3
February 1997, Halifax;
in the Moriarity
and Hannah v. R. appealbefore
the Supreme Court of Canada,
we read in the Moriarity's
Appellants' Factum,
at p. 23, paragraph 70 that "Of
note, before the enactment of s. 165.17(3) of the NDA, a
former JAG recommended that military prosecutions be
under the supervision of the Attorney General.93".
Footnote 93 reads: "Jerry
Pitzul, Speaking
Notes, Advisory Committee on Defence, 3 February 1997,
Halifax". I got a copy of this six page document
from one the Appellant' book of authorities -- click here to
read the document;
___________"SPEECH AND COMMENT: Operational Law and the Legal
Professional: A Canadian Perspective", ISSN: 0094-8381 ; EISSN:
1554-981X
Victory will come at a cost but not at all cost. It may
come at the cost of a loss of life, bodily integrity, or
national treasure, but should not come at the cost of a
loss of
morality or the forsaking of the values inherent in the
character of individuals who act with integrity. One of
those values for Canadians and what lies in part at the
core
of what Canada is as a country is the belief in the Rule
of Law. Our cornerstone constitutional document the
Charter of Rights and Freedoms starts with the words
"Whereas Canada is founded upon principles that recognize
the supremacy of God and the rule of law..." The Supreme
Court of Canada in the case Reference Re
Manitoba Language Rights [1985] 1 S.C.R. 721at 748-9
decided that the rule of law means at least two things:
that the law is supreme over officials of government as
well as private individuals, and thereby preclusive of the
influence of arbitrary power; and it requires the creation
and maintenance of an actual order of positive laws
which preserves and embodies the more general principles
of the normative order. The National Defence document
"Leadership in the Canadian Forces: Conceptual
Foundations" treats in more detail the concept
providing, in part, that under the Rule of Law, laws
become the means by which social order and the framework
for the
governance of society are established. The law codifies
the essential norms and values of society. The Rule of Law
rejects the use of arbitrary power or force to protect
individual rights and the security of individuals rather
it requires that the conduct of all members of society
will be regulated in a manner that is not arbitrary nor
subject
to the improper exercise of discretionary authority... For
the Canadian Forces, the Rule of Law establishes the
relationship of the military to civil authorities, governs
the
relationship between leaders and subordinates, and is a
critical element in decision-making for leaders at all
levels. It applies in all conditions: war, peace, and all
other
operations that make up the spectrum of conflict. A
military force in a democratic country has a special
relationship to the Rule of Law. As the Supreme Court said
in
the case of Marcus v. The Minister of National Defense 45
P.D. (1) 467,470-471: "When the cannons roar, the muses
are silent. But even when the cannons roar, the
Military Commander must uphold the law. The strength of
society to withstand its enemies is based on its
recognition that it is fighting for values worthy of
defense.
The rule of law is one of those values."
___________"Swearing-in/out ceremony of the Chief Justice of the
Standing Court Martial Appeal Court of Canada" / "Cérémonie
d'assermentation du juge en chef de la Court d'appel de la cour
martiale du Canada", (2005) 1 Les actualités JAG Newsletter
3-4; research note: Speaking notes for Major-General Jerry Pitzul,
JAG; the Chief Justice was The Honourable Edmond P. Blanchard; the
article is a mixture of French and English; the swearing-in was on
14 January 2005;.
Brigadier-General Jerry S.T.
Pitzul (Judge Advocate General, Department of
National Defence):
I have a prepared statement, Mr.
Chair, that I'm prepared to read to you at this
point in time.
Mr. Chairman, members of the
committee, I would like to take this opportunity
to thank you for asking
me to appear before you today to discuss the
operations of Canada's military legal branch and
to speak
on behalf of the very dedicated group of Canadians
serving in uniform who provide legal advice to the
Government of Canada, the Department of National
Defence, and the Canadian Forces.
While I recognize that I am also
here because of the ombudsman's appearance before
you on May 9, I
believe it is important that I take this
opportunity to outline for you the organization
and activities of the
Office of the Judge Advocate General. This may
allow you to place the ombudsman's comments in
their
proper context.
___________Testimony of Brigadier-General Jerry S.T. Pitzul, Judge
Advocate General on Bill C-25, an Act to amend the National
Defence Act and to make consequential amendments to other Acts
before the Standing Senate Committee on Legal and Constitutional
Affairs on 6 October 1998, Issue 34, see minutes
and evidence;
PITZUL, Jerry S.T., Kirby Abbott, and Christopher K. Penny, "The
Responsibility to Protect", (Winter 2004) 5(4) Canadian Military Journal
31-38; available at http://www.journal.dnd.ca/vo5/no4/index-eng.asp
(accessed on 12 January 2012); edited version in (2005) 1 Les actualités JAG Newsletter
28 and 33-37; FRANÇAIS : PITZUL, Jerry S.T., Kirby Abbott, and Christopher K. Penny,
"Réflexions sur la responsabilité de protéger et le droit
militaire", (Hiver 2004) 5(4) Revue
militaire canadienne 31-38; disponible à http://www.journal.forces.gc.ca/vo5/no4/index-fra.asp
(vérifié
le 19 janvier 2012); version révisée dans (2005) 1 Les actualités JAG Newsletter
37-42;
PITZUL, Brigadier-General Jerry S.T. with the collaboration of
Major L.-V., d'Auteuil, "Upholding the Traditions of Civil and
Common Law in the Practice of Canadian Military Law",
(June-December 2001) 2 JAG Newsletter -- Les actualités
45-49; note: "BGen Pitzul was the invited speaker at the luncheon
given by the Association des avocats civilistes", November 1,
2001, Ottawa; FRANÇAIS : PITZUL, Brigadier-général Jerry S.T., "La rencontre des
traditions de droit civil et de common law dans la pratique du
droit militaire canadien", (Juin-déc. 2001) 2 JAG Newsletter
-- Les actualités 40-45; note: "BGen Pitzul était le
conférencier invité lors du dîner de l'Association des avocats
civilistes", le 1 novembre 2001, Ottawa;
PITZUL, Jerry S.T., Brigadier-General, and John C. Maguire,
Commander, "A Perspective on Canada's Code of Service
Discipline", JAG Newsletter, Vol. IV: Oct-Dec 1999,
pp. 6-16; "Originally presented: Saturday, August 1, 1998 ABA
Annual Meeting General Practice and Small Firm Section Toronto
Canada"; the article has three parts: "A. The Development of
Canada's Military Justice System to 1950"; "B. Subsequent
Developments in Canadian Military Law"; and "C. The Future:
Canadian Military Justice in the 21st Century"; also published
in Eugene R. Fidell and Dwight Hall Sullivan, eds., Evolving
Military Justice, Annapilis (Md.): Naval Institute Press,
2002, at pp. 233-245, ISBN: 1557502927, limited preview available
at http://books.google.com/books?id=G3tYljWV_zEC&printsec=titlepage&dq=%22canadian+military+law%22&lr=&as_brr=3&source=gbs_toc_s&cad=1#PPA233,M1
(accessed on 9 July 2008); with the same title in (2002) 52 The Air Force Law Review
1-15, available at http://www.afjag.af.mil/library/index.asp
(accessed on 12 January 2012) and http://www.accessmylibrary.com/archive/4897-air-force-law-review/january-2002.html
(accessed on 29 January 2011); with same title in 1 Modern
Legal Systems Cyclopedia § 1.30.5 (Kenneth Robert Redden
& Linda L. Schlueter, eds., 2000); FRANÇAIS :
PITZUL, Jerry S.T., Brigadier-général et John C. Maguire,
Commander, "Une perspective sur le Code de discipline
militaire du Canada", JAG
Bulletin d'actualités, Volume IV, octobre-décécembre
1999, pp. 17-28; "Présentation originale: Samedi, 1er août
1998 Réunion annuelle de ABA Section des études de pratique
générale et des petites entreprises Toronto (Canada)"; l'article
comprend trois parties: "A. L'évolution du système de justice
militaire du Canada jusqu'en 1950"; "B. Développements subséquents
du droit militaire canadien"; "C. L'avenir: la justice militaire
canadienne au 21e siècle";
PLANTE, Léonce, nommé juge à la nouvelle cour 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;
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 sur la vie de Léonce Plante par Jean-Jacques
Lefebvre, Léonce Plante. 1964 Revue du Barreau du Quebec 48-52;
****
___________voir sur Plante, Lieutenant, avocat à une cour
martiale, cette bibliographie LAVERY, Salluste, supra,
"Trois autres inculpés", Le devoir, Montréal, mercredi, 18
décembre 1918, à la p. 3, disponible à http://collections.banq.qc.ca/ark:/52327/2800198,
vérifié le 29 juin 2020; l'article est reproduit en entier à cet
endroit;
Source
of image: https://www.apega.ca/members/election/, accessed 21 May
2016
Photo of Manon Plante
PLANTE, Manon, To transfer or not, that is the question
(regarding detainees-- a Canadian perspectives), Canadian
Forces College, JCSP 35, May 2009, iv, 118 leaves; available
at http://milnewstbay.pbworks.com/f/plante-transfer-paper.pdf
(accessed 2 July 2015);
------------
William Allan
(Al)
R.K. Laishley,
defence
Mr. Justice T.G. Norris
Platt, the
accused,
counsel, photo detail, 1946 source: www.rbs.ca/about-us/#0,
accessed 20 October 2017
passed away in 2017
at:https:books.google.ca/books....
ottawacitizen/obituary.aspx
Franca Iacovetta's book
?n=william-platt&pid=860
Gatekeepers: Reshaping Immigrant 29048&fhid=6315
Lives in Cold War Canada
PLATT, William Allan (Al), Major, Research on the court
martial of, October 1962:
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key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
----
PART
1
PART
2
PART
3
PART 4 Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
Article from "Appeal Court Clears Major in smuggling", The
Globe and Mail, Toronto, 15 March 1963, at p. 35,
ProQuest Historical Newspapers.
see the court of appeal decision : Platt v. R. (1957) 1 Court
Martial Appeal Reports 213-235 (before Cameron
P., Norris and Bernier J.J.)
at lareau-legal.ca./Platt18y.pdf
(accessed 11 May 2018);
-
PLENKIEWICZ, Adam Alexandre, on, Captain, lawyer, member of the
OJAG and member of the Law Society of Ontario, see photo
hereunder:
, [20 February 2020]
The DJA St-Jean (Maj JF Guay) met yesterday with both OJAG
members undergoing their Basic Military Qualification for
Officers
in St-Jean, Capt Caroline Isabelle and Capt Adam
Plenkiewicz [left].
Their morale is great. All the OJAG is with you!"
___________on PLENKIEWICZ, Adam Alexandre: before being part of
the OJAG, he worked a legal counsel with the Office of the Privacy
Commissioner of Canada, Legal Services Directorate, Gatineau,
see http://www.goc411.ca/en/271116/Adam-Plenkiewicz
(accessed 20 April 2020);
___________on PLENKIEWICZ, Adam Alexandre: has worked with at
McCague Borlack LLP Adam in Ottawa, CazaSaikaley s.r.l, Ville de
Montréal; and Bodden & Bodden Attorneys at Law, Ville de
Dollard-Des-Ormeaux; see https://holaconnect.com/profile/adam-plenkiewicz-0e9bc35e
(accessed 29 April 2020);
PLESTER, Gregory ("Greg"), 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."
___________on Gregory G. Plester from his former law firm
Brownlee LLP, Barristers & Solicitors, Calgary, see https://brownleelaw.com/gregory-plester/
(accessed 30 April 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
Gregory is committed to representing municipalities
in Alberta and advocating on their
behalf.
Gregory practices primarily in the areas of Municipal
and Administrative Law and in
particular in the areas of Tax Recovery, Assessment
and Taxation, Municipal Bylaw
and Safety Codes Act Enforcement, Development
Agreement Enforcement, Privacy
and Access to Information and Utility Regulation.
Prior to joining the firm as an associate in October
of 2013, Gregory articled at the
Court of Appeal of Alberta in Edmonton before
completing his articles at Brownlee LLP.
The Honourable Jean-Pierre Plouffe was appointed
Commissioner of the Communications Security Establishment
effective October 18, 2013, for a period of three years.
Mr. Plouffe was born on January 15, 1943, in Ottawa,
Ontario. He obtained his law degree, as well as a master's
degree in public law (constitutional and international law)
from the University of Ottawa. He was called to the
Quebec Bar in 1967.
Mr. Plouffe began his career at the office of the Judge
Advocate General at the Department of National Defence.
He retired as a Lieutenant-Colonel from the Canadian
Armed Forces in 1976. He then worked in private practice
with the law firm of Séguin, Ouellette, Plouffe et
associés, in Gatineau, Quebec, as defence counsel and also
as
defending officer for courts martial. Thereafter Mr.
Plouffe worked for the Legal Aid Office as defence counsel.
Mr. Plouffe was appointed a reserve force military judge in
1980, and then as a judge of the Quebec Court in 1982.
He was thereafter appointed to the Superior Court of
Quebec in 1990, and to the Court Martial Appeal Court of
Canada in March 2013. He retired as a supernumerary
judge on April 2, 2014.
----
L'honorable Jean-Pierre Plouffe a été nommé commissaire du
Centre de la sécurité des télécommunications le 18
octobre 2013 pour un mandat de trois ans.
Né le 15 janvier 1943 à Ottawa, en Ontario, M. Plouffe a
fait ses études à l'Université d'Ottawa où il a obtenu sa
licence en droit ainsi qu'une maîtrise en droit public
(droit constitutionnel et international). Il a été
admis au
barreau du Québec en 1967.
M. Plouffe a débuté sa carrière au cabinet du
juge-avocat général du ministère de la Défense
nationale. Il a pris
sa retraite des Forces armées canadiennes en en 1976,
alors qu'il était lieutenant-colonel. Par la suite, il a été
avocat en pratique privée au sein du cabinet Séguin,
Ouellette, Plouffe et associés, à Gatineau, au Québec, ainsi
qu'avocat de la défense en cour martiale. Par la
suite, M. Plouffe a travaillé en tant qu'avocat à l'aide
juridique.
M. Plouffe a été nommé juge militaire de la force de
réserve en 1980 puis juge à la Cour du Québec en 1982. Il a
ensuite été nommé juge à la Cour supérieure du Québec
en 1990 puis juge à la Cour d'appel de la cour martiale du
Canada en mars 2013. Il a pris sa retraite en tant que
juge surnuméraire le 2 avril 2014.
___________on PLOUFFE, Mr. Justice Jean-Pierre (J.P.), see McDONALD,
R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at p. 210,
available at 103-242;
The government has
appointed Canada's first-ever intelligence
commissioner — the
person who will help keep an eye on some of this
country's most secretive operations.
It will be up to Jean-Pierre Plouffe to
offer an independent, quasi-judicial review
before
the spy and signals intelligence agencies can perform
certain espionage activities, according
to a government statement released Wednesday.
Plouffe, previously the commissioner for the
Communications Security Establishment (CSE),
has to approve ministerial authorizations for foreign
intelligence and cybersecurity activities
before they can proceed. He'll also review the type
of datasets the Canadian Security Intelligence
Service can maintain.
Image and
text under photo source: www.torontosun.com/2016/01/28/canadas-electronic-spy-agency-broke-privacy-law-by-sharing-info-watchdog
"Communications Security Establishment
Commissioner
Jean-Pierre Plouffe waits to appear before the Senate
national
security committee on the Anti-terrorism act, Bill C-51,
Thursday, April 23, 2015 in Ottawa"
___________Testimony of The Honourable Jean-Pierre Plouffe,
Commissioner Office of the Communications Security Establishment
Commissioner before The Standing Senate Committee on National
Security and Defence on the subject matter of Bill C-51, An Act to
enact the Security of Canada Information Sharing Act..., 23 April
2015, available at http://www.parl.gc.ca/Content/SEN/Committee/412/secd/16ev-52067-e.htm?Language=E&Parl=41&Ses=2&comm_id=76
(accessed 27 May 2016);
___________Testimony of The Honourable Jean-Pierre Plouffe,
Commissioner Office of the Communications Security Establishment
Commissioner before The Standing Senate Committee on National
Security and Defence on the subject matter of Bill C-59, 2 May
2019, available at https://www.ocsec-bccst.gc.ca/s41/s59/d441/eng/notes-remarks-standing-senate
(accessed 5 May 2020);
___________on PLOURDE, F.R., Capt., was from Edmunston, New
Brunswick, see "Found Guilty", The Ottawa Journal, Friday, 28
December 1945 at p. 8, available at https://www.newspapers.com/....,
accessed 27 May 2020;
Jason Poirier Lavoie, image source:
https://ca.linkedin.com/in/jpoirierlavoie, accessed 22 December 2018
POIRIER LAVOIE, Jason, "Military Justice on Appeal: CAF v. Charter",
Canadian Centre for Strategic Studies 28 November 2018; available
at https://ccss-cces.com/regions/americas/2018/11/military-justice-appeal/
(accessed 22 December 2018); re Beaudry v. R., Court
Martial Appeal Court 2018;
Image
source: https://ca.linkedin.com/in/stephan-poitras-25010616
Stephan Poitras
POITRAS, Stephan, avocat membre du Bureau du Juge-avocat général;
voir https://ca.linkedin.com/in/stephan-poitras-25010616
(accessed 18 August 2017); member of the Law Society of Ontario;
___________on POITRAS, S., Major, represents the Director of
Military Prosecutions in the Court martial McEwan R.A. (Corporal
(retired)), R. v, 2018 CM 4012 (CanLII), <http://canlii.ca/t/hx3r0>
(accessed 25 August 2019);
POLAND, Mark T., "Poland, Mark T." in Legion Ontario Command,
Remember, Military Service Recognition Book, volume 4, at p.
455, available at http://owensoundlegion.com/MSRB%20-%204.pdf
(accessed 22 March 2019); was the prosecutor at the scheduled court
martial of the chief military judge, Col Dutil, until Dutil changed
the language for his trial to French;
Mark was born in Sarnia, Ontario on
September 14, 1971. He joined CF in1989 as a reservist with
the 1st Hussars and
earned his commission as anarmoured
officer. He served as a UN Peacekeeper
in Bosnia-Herzegovina,attached to the
RCD. He was the A Sqn liaison officer to the Bosnian Serb
Army when he was detained by the Serbs for sixteen days in
late 1994.Upon returning to Canada,
he served as a reserve legal
officer with the CFJAG Branch. He
returned to the 1st Hussars in 2010
where he was appointed Regimental 2IC.
He is currently serving as DCO of RHFofC, a reserve light infantry regiment. He has been awarded
the UNPROFOR medal, CPKSM,
the Queen’s Gold and
Diamond Jubilee Medals, and the CD. In civilian life, he is the Crown Attorney of
Dufferin County in
Orangeville, ON.Mark is a member of The
Royal Canadian Legion.
Image
source: rhfc.ca/officer-biographies.html, accessed 20 February
2018
The Special Prosecutor: Lieutenant-Colonel Mark Poland
The Honourable Caroline Mulroney, Attorney General
for Ontario, has announced
the appointment of a new justice to the Ontario Court of
Justice, effective December
26, 2018.
Justice Mark Poland was called to the
bar in 2000 and has worked as a Crown
Attorney since 2003, prosecuting cases in the Superior
and Ontario Courts of Justice.
Prior to that, he worked in private practice with a
focus on civil litigation and criminal defence.
Justice Poland was a Lieutenant-Colonel with the
Canadian Armed Forces, where he served in
both active service and as a Reserve Military Lawyer. He
has been awarded the UN Medal
for Service in Bosnia-Herzegovina, Canadian Peacekeeping
Medal, Canadian Forces Decoration,
and Queen's Golden and Diamond Jubilee medals.
Chief Justice Lise Maisonneuve has assigned Justice
Poland to London.
Image source:
defence.frontline.online/glossary/p, accessed 3 March 2018
Ken Pole
POLE, Ken ("Hudson on the Hill The role of Hudson is being filled by
contributing editor Ken Pole"), "Red-button issue: Caring for
Veterans", Front Line Defence, issue 1, 2018, at pp. 6-8;
available at http://defence.frontline.online/interactive/18def1-3d/
(accessed 3 March 2018);
Image
source:
http://publicaciones.defensa.gob.es/inicio/revistas/numero/15revista-ho-militar/99?rev=bab4a06
b-fb63-65ab-9bdd-ff0000451707&R=c659896b-fb63-65ab-9bdd-ff0000451707,
accessed 25 August 2015
PONCE DE LEON, Rodrigo Lorenzo, "Las Reglas de enfrentamiento (ROE)
como paradigma del Estado de derecho en operaciones militares" 99
enero (Diciembre 2014) Revista Espanola De Derecho Militar
37-221, and see "Canada" at pp. 149-151;
POPE, E. W., 1887-1965, A
Practical Guide to the Study of Military Law for the Use of
Imperial and Overseas Officers, London: Rees, 1917;
available at http://www.archive.org/details/practicalguideto00popeuoft
(accessed on 3 March 2012); on the front page Major
E.W. Pope is described as "Royal Canadian Regiment Late instructor
in military law, Canadian military school, Shorncliffe;
___________ The Canadian
officer's guide to the study of military law, London :
Methuen, 1916, xiv, 103 p.; NOTES: Running title: Guide to
military law; copy at Canadian War Museum Library REF TECH UB 505
P66 1916;
___________on POPE, E. W., and for historical purposes, Maj
(Bvt.Lt-Col.) E.W. Pope was Judge-Advocate in the District Court
martial of Lance-Corporal P.F.J. Brooks on 17 April 1923,
see http://heritage.canadiana.ca/view/oocihm.lac_reel_t8695/24?r=0&s=1
(accessed 25 March 2019); note that Mr. Edgar Rochette , K.C.
appeared for the prosecutor Major Garon and that Mr. George H.
Shink appeared as 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
Lieutenant-Colonel E.W. Pope
___________ on POPE, E. W., see " The First World War Officers of
The Royal Canadian Regiment Lt.-Col. Edgar William Pope, C.M.G.
Soldiers of the First World War database entry E.W. Pope",
available at http://regimentalrogue.com/rcr_great_war_officers/rcr_offr_pope_ew.html,
accessed 25 March 2019;
PORTEUS, Holly,Library
of Parliament, Canada, Cat Barker, Parliamentary
Library, Australia, Joanna Dawson, House of Commons Library, United Kingdom, Samantha Godec, House of Commons
Library, United Kingdom, Claire
Petrie, Parliamentary Library, Australia,Pleasance Purser, Parliamentary Library, New Zealand,Oversight of Intelligence Agencies: A
Comparison of the ‘Five Eyes’ Nations,
2017-12-13, Publication No. 2203-5249-E; PDF 617 KB,
(71 Pages);
PORTER, Harold J., Capt., legal officer, member of the OJAG,
see "CLE Course 97/98--After Action Reports", (March-April 1998) 2
JAG Newsletter -- Bulletin d'actualités at p. 2 of the
article; research started on 13 January 2019; also appointed as
"assistant director of public prosecutions", see "Personnel"
(November-December 2000) 4 JAG Newsletter--Bulletin
d'actualités 3;
___________on Harold J. Porter, see his photo hereunder:
___________on Harold J. Porter, see "Minister
appoints new provincial court judge", News release, Government
of Newfoundland and Labrador, 12 October 2001, NLIS 11
(Justice), available at (accessed 14 January 2019);
Minister appoints new provincial court
judge
Justice Minister Kelvin Parsons today announced
the appointment of a new provincial court judge.
Harold Porter of
St. John's will be appointed to the Judicial Centre of
Grand Bank, effective immediately.
The current sitting Judge Patrick Kennedy will be
transferred to the Judicial Centre of Clarenville.
Harold J. Porter
has been a Crown attorney with the Department of
Justice since 1988. He progressed to
senior Crown attorney, then to special prosecutions,
was seconded to the civil division in 1998 and then
until his recent appointment served as the assistant
director of public prosecutions.
This past spring,
the Government of Newfoundland and Labrador passed
special legislation to allow for the
temporary appointment of a bilingual provincial court
judge from another province or territory. Newfoundland
and Labrador now has it own French-speaking judge.
Mr. Porter is
fluent in French. His fluency has allowed him to be
called to the bar in the province of Quebec
in 1993, following which he prosecuted trials, bail
hearings and preliminary inquiries in French before La
Cour du Quebec in Montreal.
"This is a win-win
situation," said Minister Parsons. "Mr. Porter is a
very capable individual who has broad
experience in the law and his ability to speak French
fluently will resolve the problem of having to retain
a
bilingual Judge from another province."
The position of
assistant director of public prosecutions will be
filled by Kathleen Healey.
Ms. Healey is the
first female assistant director of public prosecutions
for Newfoundland and Labrador. She
has been a Crown attorney with the Department of
Justice since 1987 in both Grand Falls-Windsor and
St. John's. She was appointed head of special
prosecutions earlier this year.
"The transfer of
Judge Patrick Kennedy will also fill the vacancy of a
provincial court judge in Clarenville,"
said the Minister.
" I extend best
wishes and congratulations to all three individuals in
their new positions."
Media contact:
Edwina Bateman, Communications, (709) 729-6985.
2001 10
12
4:50 p.m.
-----------
Charlotte
Porter
Charlotte Porter, image source: ca.linkedin.com/in/charlotte-porter-33726462,
accessed 7 April 2018
Image source: ca.linkedin.com/in/
charlotte-porter-33726462, accessed 5 May 2017
PORTER, Charlotte, "Tips for Mentoring -- A Mentee's Story", The
Advocacy Club, 26 May 2016, available at http://www.advocacyclub.ca/guest-blog/tips-for-mentoring-a-mentees-story
(accessed 4 May 2017);
I recently accepted the position of Legal Officer with
the Office of the Judge Advocate General. Just now I am
packing my bag to
start my Basic Military Officer Qualification course in
Saint-Jean-sur-Richelieu, Québec, for fifteen weeks. In
this transition, I think
about how I got here. I am most grateful to my mentors,
who helped me throughout my application process. Here are
the lessons I
learned, framed as tips for mentees.
The result was to change the organizational command
structure of the Militia by replacing the office of the
Commanding General with
the Chief of Staff (the senior military officer) under the
direct command of the Minister of the Militia. In 1922
the Militia budget was
$11 million, and Parliament passed the National Defence Act
(NDA), which had the effect of centralizing the control of all
the Dominion's
defence forces in the hands of one department. This new
Department of National Defence (DND) replaced the Department
of the Militia
and Defence and the Department of the Naval Services. DND
consisted of the Minister of National Defence (MND), the
Deputy Minister,
and the professional heads of the three services, the Chiefs
of the General, Naval and Air Staffs. In addition to
this, four "Associate Members",
the Adjutant General, the Quartermaster General, the
Master-General of the Ordonance, and the Judge Advocate
General, were created for
this new DND. (pp. 59-60, footnotes omitted; addition in bold
and size added).
POULIN, BRUCE, “The
Official Integration of Homosexuals in the CF (1969-1992)”, Esprit de Corps 11(7) (June 2004)
at p. 4 (3 pages):(source:
http://library2.usask.ca/srsd/gaycanada/misc/MILITARY.htm,
accessed 18 August 2016);
Image
source:
commonlaw.uottawa.ca/en/news/common-law-team-wins-2015-clara-barton-international-humanitarian-law-competition,
accessed 22 February 2018
Blaise Power, Christopher Kreutzner and Pinar Cil at the Clara
Barton Competition
Common Law Section, University of Ottawa
POWER, Blaise (Blaise Alexandria Goddard) , member of the Law
Society of Upper Canada, legal officer with the OJAG research done
22 February 2018; she, as a regular force officer, 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;
___________on POWER, Blaise, biographical notes:
Captain Blaise Power joined the Office
of the Judge Advocate General in 2017 as a legal officer
after being called to the bar of the Law Society of
Ontario in 2016. She articled in downtown Toronto after
graduating from law school at the University of Ottawa.
In law school, she pursued a keen interest in
international law and
completed the intensive Public International Law program
in England at the Herstmonceux Castle through Queen’s University. Blaise and her team
won the Clara Barton IHL Competition in
Chicago.
Au détachement Saint-Jean de l'école de langues des
forces canadiennes
En octobre 2017, le major Julie De
Busschère, commandant du Détachement
Saint-Jean de l’École de langues des
Forces ca-nadiennes, a procédé à la
remise de certificats de fin de cours.
Image
source: http://www.juristespower.ca/english/bios/bio-power.php,
accessed 17 October 2016
Mark Power
POWER, Mark C., "La protection de l'environnement en droit
international humanitaire : le cas du Kosovo", [2001-2002] Ottawa
Law Review / Revue de droit d'Ottawa 225-254;
disponible à https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2724814
(visité 17 octobre 2016);
Source:
http://michaelpower.ca/, accessed 20 March 2017
Michael Power
The CSE is the Communication Security
Establishment. It is our equivalent of the National Security
Agency (NSA). Prior to
the Anti-Terrorism Act, the only public reference to CSE was
one page in the national archives basically a document
establishing
it.6 It is an arm of our Department of National
Defense. You heard a lot of talk today about what Canada
does in terms of its
military and you heard the stories about our seeking
helicopters. One thing hat we are exceedingly good at is
military intelligence
and the collection of information. The CSE is the primary
vehicle for that in Canada
I have this segway into the CSE, because right in the heart
of the Anti-Terrorism Act is this amendment to the
Department of National
Defense Act laying out a whole section describing the
powers, the privileges, and the rights.7 This is sort
of your basic departmental
housekeeping legislation, but how come it is in the middle
of the Anti-terrorism Act? I actually asked this to
the members of CSE. I
said you really had this in the can, you know, you really
had this ready to come out when the moment occurred?
He looked at me, then
began swearing. What I am getting at here is that the
Anti-Terrorism Act seems to be an opportunity to use
September 11th as an excuse
to do some things that people wanted to do.
......
___________
6 Established in 1946 as the Communications Branch of the
National Research Council, the CSE was transferred to the
Department
of National Defense in 1975. The Communications
Security Establishment and the National Cryptologic Program,
Fact Sheet, COMMUNICATIONS
SECURITY ESTABLISHMENT, available at
www.csecst.gc.ca/en/about_cse/aboutcse.html
7National Defence Act; R.S.C 1985, c. N-5
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)
POWERS, A.R. (André Raymond/Andy), Retirement notes -- Notes sur
sa retraite, (2003) 1 JAG Newsletter -- Les actualités 12,
Retirement
Maj Andy Powers retired on 30 June after 28 years
of service. Maj Power started as the DJA Montreal
and NDHQ/JAG Ottawa in the seventies, worked in
DLaw/Pensions & Estates and as DJAG Borden in
the eighties and then in DPLS and Dlaw/Pers in the
nineties. For the last four years Maj Powers
worked as DJA in Winnipeg,
-----
Retraite
Maj Andy Powers a pris sa retraite le 30 juin
après 28 années de service. Le maj Powers a débuté
sa
carrière au JAA Montréal at au QGDN/JAG Ottawa dans les
années soixante-dix. Il a travaillé aux pen-
sions et successions dans les années quatre-vingt et au
DSJP et DJ/PER dans les années quatre-vingt-dix.
Enfin, lors des quatre dernières années, il était JAA à
Winnipeg. Nous lui souhaitons untre très bonne
retraite.
___________on Major Andre Powers, see his participation in the
following court martial referred to in the article: Canadian Press
and Special, "Canadian sentenced to 60 days for deserting to East
Germany", The Globe and Mail, 18 January 1984, at p. 3;
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Source: ProQuest Historical
Newspapers,
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview,
accessed 29 September 2018
___________on Major A.R. Powers, he appeared as co-counsel with
Major J.M. Dutil for Pte Laflamme in the case of R. v. Laflamme,
1993 CanLII 8744 (CMAC), <http://canlii.ca/t/ggprl>;
The respondent is a young
soldier who was stationed at the Canadian Forces Base at
Lahr in Germany.
He spent the evening of April 27 to 28, 1991 with several
companions from the Forces in a bar in
Lahr known as "La Boum." There was evidence to
indicate that he consumed a considerable quantity
of liquor during the evening. He was accompanied by at
least two friends and boon companions,
Corporals Deneault and Leclerc. At some point during
the evening Deneault suggested that the group
"kill an Anglo," at which the respondent allegedly made a
movement of the head indicating a group
of persons sitting at a table in another part of the
bar. Deneault also supposedly told the respondent
that he belonged to a gang known as the "Reds" dedicated to
killing Anglos and Blacks.
The victim, William Bartholomew, born May 1, 1972, was a
civilian whose father was a soldier. He was
not known to the respondent. He went to the "La
Boum" bar on the evening in question and consumed
a reasonable quantity of alcohol (alcohol level 60 to 80
milligrams per 100 millilitres of blood).
Bartholomew left
the bar alone at about midnight. The respondent,
Deneault and Leclerc went out
after him, followed him and then chased him down the
street. They set upon him and subdued him and,
once they got him on his back on the ground, at least one
of the members of the group began stabbing
him several times in the abdomen while the others held him
down. Two weapons were used, a serrated
kitchen knife which, according to the medical evidence,
could not have caused the most serious wounds,
and a jack‑knife owned by the respondent. The latter
weapon had been seen in the respondent's possession
the day following the crime but was never found by the
police.
After the attack
the three assailants left the scene and went back to "La
Boum". The victim was found
soon afterwards lying on the ground but still alive.
He died before reaching hospital.
___________on Major Andy Powers, he appeared as defence counsel
in the court martial of Lieutenant-Commander Don Page, see "Naval
court rejects drunkenness claim. Officer dismissed for
sexual assault", The Globe and Mail, 11 November 1994, at
p. A8;
Pressing (and holding) the Ctrl
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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
__________photo of Andy Powers, 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); 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;
Image
source: ca.linkedin.com/in/dylan-powers-6754013b, accessed 22 March
2018
Dylan Powers
POWERS, Dylan, "E-Espionage : Developing Canada's Cyber Warfare
Strategy" (Fall 2011) Issue number 3 Potentia -- The Centre for International Policy Studies
(CIPS) Graduate Student Journal 39-54; available at http://cips.uottawa.ca/wp-content/uploads/2011/10/Potentia_2011.pdf
(accessed on 14 January 2013);
PRATT, William (Will) John, Medicine and Obedience: Canadian
Army Morale, Discipline, and Surveillance in the Second World War,
1939-1945, thesis submitted to the Faculty of Graduate Studies
in partial fulfilment of the requirements for the degree of doctor
of philosophy, Graduate program in history, Calgary, Alberta, 2015,
viii, 331 leaves; available at http://theses.ucalgary.ca/bitstream/11023/2540/4/ucalgary_2015_pratt_will.pdf
(accessed 2 April 2016);
Summary
In the Second World War
Canadian Army, medicine and discipline were inherently
linked in a system of morale surveillance. The Army used a
wide
range of tools to monitor morale on medical lines. A basic
function of Canadian medical officers was to keep units and
formations up to strength, not
only by attending to their basic health, but also by
scrutinizing ailments under suspicion of malingering. Mental
health was a broad category linked to
morale surveillance where experts of psychiatry and
psychology consulted in aid of the Canadian Army in its
disciplinary regime. Mental ability and
stability became key ways to classify and categorize men in
relation to their utility to the Army. Psychiatrists
participated to various degrees in the
screening process during the war, and treated those who were
suffering from combat stress reaction, or as it was known
during the war, “battle exhaustion”,
considered a medical indicator of poor morale interrelated
with discipline. Venereal disease was another medical factor
monitored out of concern for its
detrimental effect on manpower, morale and motivation.
Treatment could take men out of the line for weeks, and
contracting sexually transmitted infections
proved disobedience of Army regulations which extended to
the most intimate moments of a soldier’s leave. Provost and
venereal disease control officers
alike extended venereal disease surveillance from Canadian
soldiers to their sexual contacts in Europe. The study of
the morale monitoring system exposes
a great deal about the Army and how it interacted with the
medical profession and soldiers’ health. Using bureaucratic
means to codify and quantify soldiers
and their behaviour, the Army used a wide range of
surveillance techniques to gather data on personnel. It is
clear that as the Canadian Army was professionalized,
enhancing its powers of observation, that the medicalization
of morale was a key aspect of this process. (Source: http://hollis.harvard.edu/primo_library/libweb/action/display.do?tabs=details Tab&ct=display&fn=search&doc=TN_proquest1754630880&indx=5&recIds=TN_proquest1754630880&recIdxs=4&elementId=4&renderMode=poppedOut&displayMode=full&frbrVersion=4&frbg=&&vl(51615747UI0)=any&vl(1UI0)=contains&dscnt= 0&scp.scps=scope%3A%28HVD_FGDC%29%2Cscope%3A%28HVD%29%2Cscope%3A%28HVD_VIA%29%2Cprimo_central_multiple_fe&tb=t&vid=HVD&mode=Basic&srt=rank&tab=everything&vl(394521272UI1)=all_items&dum=true&vl(free Text0)=%22military%20justice%20Canada%22&dstmp=1494623522890,
accessed 12 May 2017)
The wastage of Canadian manpower due to venereal disease
(VD) during World War II was an ongoing problem for the
Canadian Army. Military authorities
took both medical and disciplinary measures in attempt to
reduce the number of soldiers that were kept from regular
duties while under treatment. The study
of the techniques employed to control sexual behaviour and
infection places the Canadian Army in a new historical
perspective as a modern institution which
sought to establish medical surveillance and disciplinary
control over soldiers’ bodies. This study also explores
Canadian soldiers’ sexual behaviour overseas,
showing their engagement in a broken system of regulated
prostitution, and with European women who were coping with
war’s destabilization and strain by
participating in the sex trade. Agents of the Canadian
Army overseas extended their disciplinary and surveillance
functions from soldiers to their sexual partners.
VD rates were low when formations were in combat, but rose
to alarming rates when they were out of the line,
suggesting that individual agency and sexual
choice trumped the efforts of modern discipline.
(available at: https://www.erudit.org/revue/jcha/2015/v26/n2/1037228ar.html?vue=resume&mode=restriction,
accessed 6 October 2016)
"A Telegram confirming Pringle's sentence. RG24
Vol 12718. Library and Archives Canada" (Message
from Orde to Montague)
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____________" 'To suffer death by being shot': Canada's sole
military execution of the Second World War", blog, at
http://ocanadianhistory.blogspot.ca, 8 October 2013, available
at http://ocanadianhistory.blogspot.ca/search/label/discipline
(accessed 10 September 2017);
----
PREMO, Jordan, Military Law
Training
Jordan Premo, image source,
everitas.rmcclub.ca/keeping-tabs-180/
Plan student, executive member of
the
article clerk at OJAG, see
ca.linkedin.com/in/jordan-premo-cd-jd-rmc-86a199167, 9 July 2018
Dalhousie Law Students' Society;
PREMO, Jordan:
For Jordan, law is a second career path, following
a career in the Royal Canadian Navy driving warships and
captaining small ships.
...
Following his last year of law school, he’ll article with
the Office of the Judge Advocate General, with whom he’s
spent his last two summers.
PRENTICE, Susan Marie, lawyer, member of the OJAG, circa 1972-1978,
see "About people", The Globe and Mail, 27 July 1972 at p.
w3 (retrieved from Retrieved from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/1240500272?accountid=46526,
accessed 11 August 2019);
PRESSE CANADIENNE, article sur la cour martiale du Caporal
Christian Deneault trouvé coupable de meurtre au second degré à
Lahr, République fédérale allemande, lundi le 2 décembre 1991,
Journal La Presse, 3 décembre 1981, p. A6; disponible à http://collections.banq.qc.ca:81/lapresse/src/cahiers/1991/12/03/01/82812_1991120301.pdf
(article consulté le 19 décembre 2017);
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Source: specialforcesroh.com/gallery.php?do=view_image&id=23629&gal=gallery,
consulté le 22 mars 2018
Guy d'Artois (photo source: source Eric Morgensen: )
PRESSE CANADIENNE, Le cas du major Guy d'Artois, 1917-1999,
quelques articles de journaux en 1952:
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PRESSE CANADIENNE, Courts martial in Korea of: / Cours martiales en
Corée de :Glen Blank, Alan Davis, and Donald Gibson
The cases of Glen Blank, Alan Davis, and Donald
Gibson
COURT MARTIAL APPEAL REPORTS, volume 1, published under the
supervision of Brigadier W.J. Lawson,
Q.C., Judge Advocate General, 1957; cases of Davis
v. The Queen, at pp. 13-17; Blank v.
The Queen, at pp. 29-34;
and Gibson v. The Queen, at
pp. 35-39; available at http://www.lareau-legal.ca/Korea18c.pdf
(put on line on 10 April 2018);
"Trois soldats canadiens devant une cour martiale pour
meurtre en Corée", Le Soleil, 2 août 1951, p. 11, disponible
à http://numerique.banq.qc.ca/patrimoine/ details/52327/3176101?docsearchtext=martiale%20crowe
(consulté le 22 mars 2018)
[Research note: the names of the three soldiers were:
Glen Blank, Alan Davis,
and Donald Gibson of the Princess Patricia Regiment,
see at p. 5]
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Doug Christie, 1946-2013, avocat de la caporale-chef Paquet
Source de la photo:
timescolonist.com/news/local/victoria-lawyer-
doug-christie-who-defended-zundel-and-keegstra-is-dying-1.80575
(image consulté le 22 août 2018)
PRESSE CANADIENNE, " 'Le prix de l'égalité' pour les femmes
militaires", La Presse, jeudi le 13 juillet 1989, à la page
B3; disponible à http://collections.banq.qc.ca/ark:/52327/2262472
(vérifié le 22 août 2018);
. Pressing (and holding) the Ctrl
key and scrolling the wheel
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being viewed
-
[extrait seulement] Pressing (and holding) the Ctrl
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PRESSE CANADIENNE, "Si la prison vous intéresse. Les tribunaux
et le régime pénitenciaire militaires plus sévères que les civils",
La Presse, mercredi le 5 décembre 1984, à la p. Z-5;
disponible à http://collections.banq.qc.ca/ark:/52327/2288325
(consulté le 2 avril 2018);
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the wheel
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PRESSE CANADIENNE, "Les soldats n'ont pas confiance au système
judiciaire militaire. L'armée ne doit pas se mêler des causes
criminelles, soutiennent plusieurs experts devant un comité
fédéral", La Presse, 4 février 1997, à la p. ; disponible
à http://collections.banq.qc.ca/ark:/52327/2183343
(vérifié le 7 juin 2018);
PRESTON, Richard A., Canadian Defence Policy and the Development
of the Canadian Nation 1867-1917, Ottawa: The Canadian
Historical Association, 1970, 20 p. (series; Historical Booklet;
25), ISBN: 0-88798-061-9. NOTE: Bibliography at p. 20 ;
available at http://142.78.200.66/obj/008004/f2/H-25_en.pdf
(accessed 15 March 2018),
In the recently released decision, Justice Andre FJ Scott
[Federal Court of Appeal] said three issues had to
be determined: whether new evidence — a chain of emails
exchanged with the Attorney General of Canada’s
(the respondent’s) counsel — could be introduced as
evidence, whether the previous federal judge had erred
in finding a decision by the CHRC was reasonable, and
whether the judge erred in finding the CHRC had not
violated Ritchie’s [Retired
Sub-Lieutenant Paul Ritchie] procedural rights.
The two other judges that made up the court, Yves de
Montigny and Judith M. Woods, agreed with Scott’s
analysis.
Mr. Price brings to his position extensive experience as a
Canadian Forces officer in all areas of military law,
including the military justice system, administrative law,
international law and operational law. After serving
as Assistant Judge Advocate General for Europe, he was
appointed military judge, presiding over cases
involving both service offences and offences under the
Criminal Code of Canada.
----
M. Price met à contribution la vaste expérience qu'il a
acquise comme officier des Forces canadiennes dans tous
les domaines liés au droit militaire, notamment le système
de justice militaire, le droit international et le droit
opérationnel. Après avoir servi comme assistant du
juge-avocat général en Europe, il a été nommé juge militaire
et a ainsi présidé des procès portant sur des infractions
militaires et des infractions au Code criminel du
Canada.
Source
of image: cba.org/CBA/Judges_Forum/pdf/voxjune2003.pdf,
accessed 31 October 2015
"Military judges: Lieutenant Colonel Alain Ménard ((back),
and left to right, Commander Jim Price, Lieutenant Colonel
Mario Dutil, Colonel Kim Carter."
Full-Time Vice-Chairperson
James Price
Term ending: December 9, 2011
James Price was Acting Chairperson of the Board for a year,
starting in March 2008. He continues his duties
at the Board as full-time Vice-Chairperson
Mr. Price joined the Board in
January 2004 as a team leader in Operations
Directorate, and was appointed full-time
Vice-Chairperson in December of that same year. He brings to
the position extensive experience in all areas of military
law, including the military justice system, international
law and operational law.
Originally from Twillingate, Newfoundland, Mr. Price joined the University
Naval Training Division in 1966 while
attending Memorial University. After seven years of active
service, he attended Dalhousie University, graduating with
a Masters of Public Administration in 1976 and a Bachelor of
Laws in 1980, the same year he was called to the Bar of
Newfoundland.
He engaged in private legal practice before joining the CF in 1981, as a legal
officer in the Office of the Judge Advocate
General (JAG) of
the CF.
During his time with JAG,
Mr. Price served as Director of
Prosecutions and Appeals where, in addition to coordinating
prosecutions and appeals in the CF, he guided the section through its
transition to an independent prosecution service.
He subsequently served as the Deputy Director of the new
Independent Military Prosecution Service.
After serving as Assistant JAG (Europe), Mr.
Price was appointed a military judge by the Governor in
Council in 2001,
a position he held until 2003. During this time, he presided
over cases involving both service offences and offences
under
the Criminal Code of Canada.
Commander Price, originally from Twillingate,
Newfoundland joined the
University Naval
Training Division in 1966 while attending Memorial
University.
After a period of
active service Commander Price attended Dalhousie
University
obtaining a Master of
Public Administration degree in 1976 and LL.B in 1980.
Commander Price was
called to the Bar of Newfoundland in 1980 and engaged
in private legal
practice until he joined the Canadian Forces as a legal
officer in
the Office of the
Judge Advocate General in late 1981. Commander Price has
extensive experience
in all areas relating to military law including, the
military
justice system,
international law and operational law. He has served as
both
a Deputy Judge
Advocate and Assistant Judge Advocate General on Canada’s
West Coast and filled
a variey of legal positions within National Defence
Headquarters in
Ottawa. Commander Price was employed as the Assistant
Judge
Advocate General
(Europe) prior to his appointment as a military judge.
___________on PRICE, Commander James, see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa
: Office of the Judge Advocate General, c2002, at p. 131,
available at 103-242;
____________Price v. Canada (Attorney General), 2004 FC 164
(CanLII), <http://canlii.ca/t/1gd66>;
and Price v. Canada (Attorney General), 2003 FCT 764 (CanLII),
<http://canlii.ca/t/glt>;
___________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);
Image
source: amazon.ca/Orienting-Canada-Race-Empire-Transpacific/dp/0774819847,
accessed 9 November 2017
PRICE, John, 1950-, Orienting Canada: race, empire, and
the transpacific, Vancouver, BC : UBC Press, 2011, xiv, 445
p. : ill. ; 24 cm, ISBN: 9780774819831; 0774819839;copy at
University of Ottawa, MRT General FC 244 .P3 P75 2011;
Table of Contents
Illustrations
vii
Acknowledgments
ix
Abbreviations
xiii
Introduction
1
pt. 1
Race, Empire, and War
1.
Prologue to War:
Migration, Race, and Empire
11
2.
China and the Clash of
Empires
35
3.
December 1941 and World
War
62
4.
Hiroshima and War's End
88
5.
Shades of Liberation
107
6.
Boundaries of Race and
Democracy
128
7.
Elusive
Justice: Canada and the Tokyo Tribunal
148
pt. 2
Pax Americana --- Race,
Anti-Communism, and Asia
8.
Mr. Kennan Comes to
Ottawa
169
9.
Canada, Asia, and "Pax
Americana"
191
10.
America's Prestige,
Korea's War
209
11.
San Francisco Peace
Treaty and Re-Militarization of the Transpacific
Image
source: http://web.uvic.ca/~transpac/, accessed 5 October 2016
John Price
___________ "Racism, Canadian War Crimes, and the Korean War: Shin
Hyun-Chan’s Quest for Justice", (15 January 2012) volume 10, issue
3, number 2 The Asia-Pacific Journal/Japan Focus 1-14;
available at http://apjjf.org/-John-Price/3678/article.pdf
and http://apjjf.org/2012/10/3/John-Price/3678/article.html
(accessed 5 October 2012);
On 16 December, a Canadian army psychiatrist
testified that Steeves had a mild form of “repressed
hostility” that might
cause him to “explode” if intoxicated. Steeves himself
testified on 17 December, during his court martial in Seoul,
that
he could not remember anything about the incident. The
following day, the court convicted Steeves of manslaughter
in
the death of Shin’s father and sentenced him to
fifteen years in prison. The field commander arbitrarily
reduced the
sentence by five years. Steeves had not been charged or
tried for the wounding of young Hyun-Chan or for the
shooting
of the ROK soldier.
The court martial seemed to have
produced a semblance of justice. However, on 13 June 1952,
Canadian Press reported
that a Canadian “found guilty of manslaughter in the
death of a Korean civilian and sentenced to 15 years in
prison ha[d]
been freed by the Defence Department.”9 John
Steeves was freed “some time ago,” after Judge Advocate
General Brigadier
W.A. Lawson ruled that he had been wrongfully
convicted at the December court martial, basing his ruling
on the law involving
“circumstantial evidence.” In other words, Steeves
didn’t even serve six months of his fifteen-year sentence.
News of this
development never reached the Shin family. Was the
court martial really that flawed? Was Steeves really
innocent? We
may never know the answers to those questions.
What is striking in the press reports,
however, is the number of war crimes reported.
[Research note # 1: The cases of Glen Blank, Alan Davis,and Donald
Gibson
COURT MARTIAL APPEAL REPORTS, volume 1,
published under the supervision of Brigadier W.J. Lawson,
Q.C., Judge Advocate General, 1957; cases of Davis
v. The Queen, at pp. 13-17; Blank v. The
Queen, at pp. 29-34;
and Gibson v. The Queen, at pp.
35-39; available at http://www.lareau-legal.ca/Korea18c.pdf
(put on line on 10 April 2018)]
[Research note # 2: At the Canadian War Museum Library: Court Martial trial H.800217 Private Glen
Roland Blank, 2nd Battalion, Princess Patricia's
Canadian Light Infantry [textual records],
22 Aug. 1951 - 28 Aug. 1951, manuscript : 1 ; typescript ;
36.5 x 23 cm., Summary: "Manuscript of the proceedings of
a general court
martial held at 25 Canadian Field punishment camp, Seoul,
Korea on the 22-28 of August 1951 by the order of
Brigadier J. M.
Rockingham CBE, DSO, ED, commanding 25 Canadian Infantry
Brigade, Canadian Army, dated the 20th August, 1951. Trial
of Private Glen Roland Blank of the 2nd Battalion,
Princess Patricia's Canadian Light Infantry charged for
murder of Ee Chong Sung,
an officer of the Army of the Republic of Korea.", call
number : CWM ARCHIVES / ARCHIVES DU MCG : Textual Records
58A 1 292.6;
control number manuscript : 1 ; typescript ; 36.5 x 23 cm;
see https://catalogue.warmuseum.ca/musvw/FullBB.csp?WebAction=ShowFullBB &EncodedRequest=*E0*8A*91*994*1B*DE*C8*0Ec*8F*17*19*A6*A7*10&Profile=Profile28&OpacLanguage=eng&NumberTo Retrieve=50&StartValue=38&WebPageNr=1&SearchTerm1=n%20.1.410553&SearchT1=&Index1=1*Keywordsbib&SearchMethod= Find_2&ItemNr=38,
accessed 3 October 2020]
PRIDDLE, JAMES J. ("Jim", J.J.), member of the OJAG, circa
1975-1978 to circa 1999;
___________on Priddle, James J., Capt. see "Court Martial Halted
by Illness", Times Columnist, Victoria BC, 20 October 1976 at p.
10; available at https://www.newspapers.com/..., accessedc30 May
2020; Captain Priddle, 32 collapsed during the court martial
of MCpl Adolph Gustav Plewa at CFB Esquimalt; the Judge-Advocate
was LCol. R.C. Tate;
___________photo of Jim Priddle, 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); 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;
PRIESTMAN, Karen, “The Kurt Meyer Case: The
Press and the Canadian Public’s Response to Canada’s
First War Crimes Trial.” Master’s cognate essay, Wilfrid Laurier University, 2003;
published at : Waterloo: Wilfrid
Laurier University Press, 2003;
Source:
https://www.google.com, image search
Mario Prieur
PRIEUR, Mario, avocat militaire de la réserve, voir http://avocats-boucherprieur.ca/Nos-avocats/
(site consulté le 12 septembre 2017);
En 2010, Me Prieur rejoint le cabinet du Juge-Avocat
Général des forces armées canadiennes, en qualité d’avocat
militaire réserviste,
et exerce depuis lors les fonctions de Juge-Avocat adjoint,
pour les unités du 34ième Groupe-Brigade du Canada.
Promu capitaine de Corvette en 2014,
Me Prieur a notamment eu l’opportunité depuis 2010,
d’accompagner le groupe bataillon territorial
et le Groupe Compagnie d’intervention Arctique des 34ième et
35ième Groupe Brigade du Canada, au camp Lejeune des Marines
aux USA,
à Salluit et Puvirnituk au Nunavik, et à Chisasibi à la Baie
James.
___________photo de Mario Prieur avec deux collègues:
x
"Office of the JAG@JAGCAF4h4
hours ago Legal officers LCdr Mario
Prieur, Lt(N) Guillaume Benoit-Gagné and Capt Martin
Tremblay joined
over 575 @CanadianArmy
soldiers this week for FIGHTING WARRIOR 19, a training
exercise conducted
by 34 Canadian Brigade Group in Fort Pickett, Virginia. @2divca_2candiv@VaNationalGuard",
accessed 10 January 2019.
PRIMEAU, J.-H. (J.- Hermann), avocat et membre du cabinet du JAG,
deuxième guerre mondiale, voir "Au service légal", La Presse, 4 octobre
1944, at p. 3, available at http://collections.banq.qc.ca/ark:/52327/2962786,
accessed on 25 July 2018;
___________Me Hermann Primeau nommé juge à la cour municipale de
Montréal; voir "Nouveau juge municipal à Montréal", La Presse, 24
novembre 1967, à la p. 8, disponible à http://collections.banq.qc.ca/ark:/52327/2698998
(consulté le 25 juillet 2018);
He also practiced Military Law as a member of the
Canadian Forces Judge Advocate General’s reserve legal
staff, completing 22 years of
service and retiring as the Deputy Assistant Judge Advocate
Prairie Region at the rank of Lieutenant Colonel.
PRIVY COUNCIL OFFICE, "Discussions and submissions which led to
the phrase "except in the case of an offence under military law
tried before a military tribunal…” being inserted into Section
11(f) of the Canadian Charter of Rights and Freedoms between 1980
and March 29, 1982"; completed Access to Information Act request,
File A-2011-00398, May 2012, disclosed in part, 297 pages;
see http://www.pco-bcp.gc.ca/index.asp?lang=eng&page=acc&doc=2012-eng.htm
(accessed 23 October 2016);
PRIVY COUNCIL OFFICE, Securing
an
Open Society: Canada's National Security Policy April 2004,
[Ottawa: Privy Council Office], 2004, xi, 52 p., ISBN:
0-662-36982-3; available at http://publications.gc.ca/collections/Collection/CP22-77-2004E.pdf
(accessed on 1 July 2012); FRANÇAIS :
BUREAU DU CONSEIL PRIVÉ, Protéger
une
société ouverte : la politique canadienne de sécurité nationale,
avril 2004, [Ottawa : Bureau du Conseil privé], 2004,
x, 59 p., ISBN: 0-662-76741-1; disponible à http://publications.gc.ca/collections/Collection/CP22-77-2004F.pdf
(vérifié le 1er juillet 2012);
"Procès contre Laprairie, sergent, et Lajeunesse, soldat de la
Compagnie de Noyan, accusés de voies de fait armées", 8 février 1746 - 10 février 1746, 15 images.Fonds Juridiction royale de Montréal; disponible
à http://collections.banq.qc.ca/ark:/52327/3383032
(consulté le 29 mars 2018);
Description :
Ce
dossier de matière criminelle est composé des pièces
suivantes : la plainte pour la tenue d'une information
contre
certains quidams accusés d'avoir coupé la main de Sorel
dit Marly, concierge du château de monsieur le Général, et
blessé sérieusement
au sabre Jean Brossard ; la permission de tenir une
information judiciaire ; l'ordonnance pour faire assigner
les témoins du procureur ;
le rapport d'assignations à ceux-ci ; l'information
judiciaire ; et le réquisitoire du procureur du roi pour
l'arrestation de Laprairie, sergent
et de Lajeunesse, soldat. Les documents mentionnent les
témoins suivant : Étienne Laîné dit St-Pierre, 70 ans, de
la rue St-Denis ; François
Gatineau dit Larègle, 38 ans, aubergiste de la rue Ste
Thérèse ; Louis Guilbault, 38 ans, jardinier, demeurant
chez Gatineau ; et Joseph
Douaire, marchand, commande des gardes de milice.
Les chirurgiens Feltz, absent, et Benoît sont également
cités.
Source:
ville.montreal-est.qc.ca/histoire/maires-dhier-a-aujourdhui/
Joseph Versailles , 1881-1931
"Un procès militaire à Saint-Sulpice", Le devoir
(Montréal), vendredi 6 mars 1931, à la p. 4; disponible à http://collections.banq.qc.ca/ark:/52327/2790113
(consulté le 26 août 2018);
Jason Proctor, image source: cbc.ca/news/canada/british-columbia/jason-proctor-1.2674036,
accessed 5 October 2020
PROCTOR, Jason, "Sexual assault charges stayed as questions of
independence rock military justice system--Controversial order
from defence chief results in series of stays at courts
martial", CBC News British Columbia in depth, 4 October
2020; available at https://www.cbc.ca/news/SOMNIA-1.5749072
(accessed 5 October 2020);
Source de l'image:
www.prixduquebec.gouv.qc.ca/recherche/desclaureat.php?noLaureat=425,
site visité 22 mai 2016
Photo de Jean Provencher par Rémy Boily
PROVENCHER, Jean, 1943-, Québec sous la Loi des mesures de
guerre. 1918, Montréal : Boréal Express, 1971, 146 p. :
ill., fac-sim., plans, portr.; NOTE: Préface de Fernand Dumont;
bibliographie aux pp. [141]-146;
Édition de 2014 chez LUX Éditeur
Résumé Aux élections de 1917, les
électeurs du Québec se sont opposés massivement au
gourvernement conscriptionniste et se trouvent
pratiquement sans représentation
au sein du pouvoir.
Des mouvements divers surgissent un peu partout. Des
bagarres, des attentats ont
lieu à Montréal. Ces manifestations ne se limitent pas à
la métropole ; elles s'étendent
à Shawinigan, par exemple. Et voilà que la ville de
Québec est atteinte à son tour.
Des agents fédéraux, policiers d'occasion pour
plusieurs, traquent sans merci les
jeunes gens assujettis à la conscription. Les méthodes
utilisées ne sont pas toujours
orthodoxes. Le maire Lavigueur, homme d'ordre et de
sentiment rassis, dénonce
lui-même au premier ministre du Canada "le manque de
discrétion, de tact, de
discernement de la part des agents responsables de
l'application de la Loi sur le
service militaire". Les gens de la Basse-Ville, de
Saint-Roch, de Saint-Sauveur et
d'ailleurs s'expriment, sans doute, en des termes plus
vigoureux ; certains le font bien
voir dans les émeutes qui débutent dans la capitale au
cours de la semaine sainte de
1918.
Ces l'histoire de ces journées
que, dans ce livre, raconte minutieusement, et avec le
plus grand souci de la documentation exacte Jean
Provencher.
Source
de l'image: http://www.mcgill.ca/law/about/profs/provost-rene,
visité le 24 juillet 2015
René Provost
Provost, Rene, 1967-, "L’Attaque
Directe D’Enfants-Soldats En Droit International Humanitaire:
Expériences Et Réflexions Canadiennes (Direct Targeting of Child
Soldiers: Canadian Experiences and Approaches)" (October 1, 2017).
Available at SSRN: https://ssrn.com/abstract=3046247 or http://dx.doi.org/10.2139/ssrn.3046247;
Image
source: www.amazon.com
___________International Human Rights and Humanitarian Law,
Cambridge:Cambridge University Press, 2002, xxxix, 418 p.
; 24 cm. (Cambridge studies in international and
comparative law), ISBN: 0521806976 (HB);
Summary : Provost analyses systemic
similarities and differences between the two to explore
how they are each built to achieve their similar goal.
He details the dynamics of human rights and humanitarian
law, revealing that each performs a task for which it is
better suited than the other, and
that the fundamentals of each field remain partly
incompatible. This helps us understand why their norms
succeed in some ways and fail - at times
spectacularly - in others. Provost’s study represents
innovative and in-depth research, covering all relevant
materials from the UN, ICTY, ICTR,
and regional organizations in Europe, Africa and Latin
America. This will interest to academics and graduate
students in international law and
international relations, as well as legal practitioners in
related fields and NGOs active in human rights.
[source: Hollis catalogue, Harvard]
Dick Pucci, court reporter, circa 1987
image source: detail of photo from R. Arthur McDonald, Canada's
Military Lawyers, supra, at p. 215
PUCCI, Dick, "Court Reporter, Royal Canadian Army Service Corps,
quoted inHepenstall, Find the Dragon,
262-263" (source: note 88, at p. 392 of the thesis WATSON, Brent
Byron, Far Eastern Tour: The Experiences of the Canadian
Infantry in Korea, 1950-53, infra); on-going
research as of 11 January 2016; copy at the book at Canadian War Museum, Hartland Molson Library/Musée canadien
de la guerre, Bibliothèque Hartland Molson;
___________on PUCCI, Chief Warrant Officer Dick, see McDONALD, R.
Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at pages 80
and 214, available at i-xii and 1-102
and
103-242;
"Seven
of the eight original members of the Canadian detachment prior to
departure. Back row,
left to right, RSM Hogg, S/Sgt.
Martin, SM Manchester, SM Shepherd; front row, left to right, Captain Boland,
Lt. Col. Orr, Major Puddicombe. Missing from the photo
is Captain John Dickey. (Montreal Daily Star, 11
April 1946); photo reproduced from SWEENEY,
Mark, The Canadian War Crimes Liaison
Detachment - Far East and the Prosecution of Japanese "Minor"
War Crimes, Degree: PhD,
2013, available at https://uwspace.uwaterloo.ca/bitstream/handle/10012/8051/Sweeney_Mark.pdf.pdf?sequence=1
PUDDICOMBE, Major George Beverly, lawyer, part of The Canadian
War Crimes Liaison Detachment – Far East; however was not a member
of JAG, see McDonald, Canada's Military Lawyers, at p. 66;
sur Puddicombe, voir aussi: Lefebvre, Jean-Jacques. “Nos disparus:
George Beverly Puddicombe.” La revue du barreau 31, no. 1
(janvier 1972): 69-71;
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
Assermentation, de la gauche: les honorables Benjamin Robinson, G.
Beverly Puddicombe, Philippe
Lamarre; complètement à droite, le juge en chef adjoint W.B. Scott
s'occupant de l'administration du
serment (Photo La presse)
___________on PUDDICOMBE, Major G.B., see "Augmentation
croissante du nombre de litiges en Cour supérieure", La presse,
25 novembre 1960, à la p. 23; disponible à http://collections.banq.qc.ca/ark:/52327/2756119
(consulté le 28 octobre 2018);
___________on PUDDICOMBE, Major G.B., see "56 Japs Convicted By
Canadians", The Globe and Mail, 30 May 1947, at p. 13;
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 28 October 2018
___________on Puddicombe, Major G.B., see Ignace Deslauriers,Les cours de justice et la magistrature du Québec,
Volume 2, Direction des communications du ministère de la justice
du Québec, Bibliothèque nationale du Québec, (1992);
disponible à http://memoireduquebec.com/wiki/index.php?title=Puddicombe_%28George_Beverly%29
(consulté le 7 janvier 2019);
Puddicombe (George Beverly)
Militaire et homme de loi (avocat) né en 1898
à Ottawa.
Études à l'Ottawa Collegiate Institute et à la McGill
University.
Service actif dans l'armée canadienne au cours de la
Première Guerre mondiale - 1914-1918.
Major du Victoria Rifles en service actif au cours de la
Deuxième Guerre mondiale - 1939-1945.
En 1946, il est l'un des enquêteurs sur les
mauvais traitements infligés aux soldats canadiens
prisonniers à Hong Kong.
Juge municipal de Hampstead *(1958-1960).
Juge à la Cour supérieure du Québec-CSQ
(1960-1971).
Décès en 1971.
___________on PUDDICOMBE, Major G.B., see 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;
___________on PUDDICOMBE, Major G.B., see the biography by
LEFEBVRE, Jean-Jacques, "Puddicombe, George Beverley", (1972)
Revue du Barreau 69-71; ****
__________on PUDDICOMBE, Major G.B. see George B.
Puddicombe fonds, MG 30,
E567 / R10740-0-8-E (formerly MG30 E567), Library and Archives
Canada;
___________photo of Major G.B. Puddicombe, Calgary Herald,
Wednesday, 10 April 1946 at p. 18, available at (accessed 25 June
2020);
"Major G.B. Puddicombe, standing at right, conducts the
trial
of Col. Tokunaga. Sergeant-Major H.B. Shepherd of
the Canadian
War Crimes Liaison Detachment sits on his right."
Image
source: cags.ca/documents/sshrc/documents/ICF%20Project/QUEEN%27S%20&%20RMC%20SSHRC%20CAGS%20Report%202015.pdf,
10 June 2018
Anthony Pugh
PUGH, Anthony, "Queen’s Law grad publishes ‘outstanding’ book on
contemporary armed conflict", Queen's University, Queen's Law, 11
January 2017, available at http://law.queensu.ca/Queens-Law-grad-publishes-outstanding-book-on-contemporary-armed-conflict
(accessed 26 January 2017); about Kent Watkin's book: Fighting
at the Legal Bounderies: Controlling the Use of Force in
Contemporary Conflict;
The efforts of an Ottawa lawyer to advocate for families
battling the military justice system rankled National
Defence so much
that even a mildly positive review of his book sparked a
plan to counter that in the military’s professional
journal.
The Canadian Military Journal found itself in a
predicament after a retired general wrote a positive
review of a military law
textbook written by retired federal court judge Gilles
Letourneau and lawyer Michel Drapeau.
Drapeau, a retired colonel, is a high-profile critic of the
way the Canadian Forces treats its soldiers and families. He
has also
called for changes in the military’s justice system.
The book review in late 2011 set off a series of emails
on how to deal with the situation, according to documents
obtained by
the Citizen under the access to information law.
“We have a bit of a situation here,” the military
journal’s editor, David Bashow wrote to Col. Michael
Gibson, a senior military
lawyer with the Judge Advocate General’s (JAG) branch.
“Lieutenant General (ret’d) Rick Evraire has done a review
of the
latest Letourneau/Drapeau book, and it is positive, and we
are publishing it in the Winter edition.”
The situation played out in late 2011 and early 2012 and
resulted in a three-page rebuttal penned by Gibson and
published in the
military journal. Evraire’s original review ran a
page-and-a-half in the journal while Gibson’s piece was
twice the length.
But the department’s interest in countering Drapeau
continued. In 2013, it devoted several pages of its
website to challenging
Drapeau’s comments about how the military and government
poorly treats injured soldiers and their families.
A brief television appearance by Drapeau prompted a
1,500-word rebuttal to his comments about how military
members are
treated. And another 100 pages of emails and other
documents produced by military lawyers concern Drapeau.
Although the journal review was about the book written by
Letourneau and Drapeau, Bashow acknowledged Drapeau was
the focus of his concern.
“The fact of the matter is at the time there were issues
brought forward by Michel Drapeau that I think the JAG
branch had
a legitimate chance to express a countering view,”
Bashow said in an interview.
The Drapeau-Letourneau book, Military Justice in
Action, was published in late 2011 and is
considered the only textbook
on the Canadian military justice system. It contained a
forward by Justice Ian Binnie, then of the Supreme Court
of Canada,
and is used in universities across the country.
Drapeau said the journal’s efforts were designed to
target him and were “petty and unprofessional.” They also
raise the question
of using a taxpayer-funded publication to attack
critics of the department, he added.
“Where’s the journal’s supposed independence?” asked
Drapeau.
Bashow, however, dismissed Drapeau’s concerns, saying he
stands by the material in the journal.
The emails show Gibson, since promoted to a military
judge position, immediately went to his boss, Brig.-Gen.
Blaise Cathcart,
for permission to write the rebuttal. Gibson called
Bashow’s offer a “good opportunity.”
Cathcart, now a major general and still Judge Advocate
General, gave Gibson approval to proceed, with the
material being
scrutinized by a number of Canadian Forces legal officers.
Bashow said the rebuttal was about offering up a counter
idea. But he acknowledged it is rare for the journal to
publish a rebuttal
to a book review.
In one of his emails, Bashow expressed to Gibson how
happy he was with the officer’s rebuttal. “I think you
‘hit it out of the park”
Bashow wrote.
Drapeau and Letourneau’s 1,700-page textbook also
received a highly positive review in the U.S. federal
lawyers’ bar association
magazine.
An expanded edition is planned for the fall of 2014.
The Rogers family say they twice verbally told the BOI they
did not wish to appear. Then Drapeau told the military in
writing they wouldn’t participate. DND issued a
summons despite this, says the family.
Summonses were sent to the couple on three different
occasions but the department said that was because the
date of
their required testimony kept changing. Drapeau
then filed a legal document with the federal court in
Ottawa, giving
notice he planned to challenge the summons. After
Drapeau filed the paperwork, DND rescinded the summons.
Petty Officer (second class) Janet Sinclair, right, and
her spouse, Petty Officer (second
class) Silvya Reid, will be reduced in rank and fined
after a court martial judge's order on
Monday. Photograph by: Darren
Stone , Victoria Times Colonist
___________"Defence chief issues gag order - Officers forced to
obtain approval before talking to media", The Ottawa Citizen,
Friday,
November 9, 2001, p. A5;
___________"Forces base tightens rules on social media--Freedom
of Speech", The Ottawa Citizen, Tuesday, 5 April 2016 at
p. NP4;
The couple [Rick and Ellen Rogers] ] was sent three
summonses to attend a military board of inquiry (BOI)
examining
their 27-year-old daughter’s [Lt. Shawna Rogers] drug
overdose in Edmonton, even though the parents, who had no
faith in that process, had repeatedly told the Canadian
Forces they didn’t want to participate.
....
Asked about whether any disciplinary action had been taken
against members of the BOI or military lawyers for
allegedly harassing the Rogers family, DND spokesman Dan
Blouin sent an email that stated, “DND has rescinded
the summonses out of respect for the family’s wishes.”
___________"How military buries the truth", The Ottawa
Citizen, 16 October 1999;
Vice-Admiral Mark
Norman was second-in-command of the Canadian Forces
until an RCMP investigation
cost him his job. A year later, no charges have been
laid, but Norman remains in limbo
___________"The military and the media: time for openness", (Fall
1997) 27(1) Canadian Defence Quarterly;
___________"Military judge won't order secret trial.
Government ask court to force officer to try JTF2 suspect in
closed sessions", The Ottawa Citizen, Monday, 7 November
2005, at pp. A1 and A10; title at p. A10 is "Secret: Accused is
back in Canada"; Chief Military Judge: Colonel Kim Carter;
Department of Justice Canada lawyer is Jan Brongers; available
at http://www.canada.com/ottawa/ottawacitizen/news/story.html?id=634f541b-53b1-4eae-a4d5-099fb3371865
(accessed 1 December 2015);
The unprecedented legal battle revolves around a member of
Canada's special forces unit,
Joint Task Force 2, who has been charged with aggravated
assault and ill-treatment of a
subordinate after an alleged incident in Afghanistan in
August.
The Sept. 23 charge sheet, which outlines details of the
incident, has been classified as
secret by the Defence Department.
But Chief Military Judge Col. Kim Carter has refused to
assign one of her judges to
preside over the court martial of the JTF2 warrant officer
because of the secret charge
sheet. Col. Carter argues that would be "to accept and
follow a presumption of secrecy"
in the case, according to legal records.
Image
source: https://www.google.com/search?as_st=y&tbm=isch&as_q=military&as_epq=sex+cards&as_oq=&as_eq=&imgsz=&imgar=&imgc=&imgcolor=&imgtype=&cr=&as_sitesearch=&safe=images&as_filetype=&as_rights=&gws_rd=ssl#as_st=y&tbm=isch&q=%22Canadian+Forces%22+sex+card&imgrc=FspaBcLy7KNjnM%3A;
___________"Military's 'no harm' sex cards stir anger -- Abuse
Reminders", The Ottawa Citizen, 17 June 2016, at p. NP3;
The Canadian Forces has distributed 120,000
wallet-size cards to military-
personnel to remind them that sexual assault is an
"inappropriate" behaviour.
___________"Officials `hijacked' Somalia probe: Murder could have
been prevented, major [Vincent Buonamici] testifies", The
Ottawa Citizen, 11 March 1997 at p. A1;
The brutal torture-murder of a Somali teenager in 1993
could have been prevented if senior
Defence Department leaders hadn't stalled an investigation
into the earlier killing of a Somali
man by Canadian troops, says a military police
investigator.
Maj. Vincent Buonamici told the Somalia inquiry yesterday
that the failure to properly investigate
the March 4, 1993 shooting death of a Somali man set the
stage for the torture-murder of Shidane
Arone less than two weeks later.
He also said that Vice-Admiral Larry Murray, now acting
chief of the defence staff, and the
military's JudgeAdvocateGeneral's office tried to have
references to the delay in sending
police deleted from his report. ``In my opinion, what was
happening was a hijacking of this
investigation,'' Maj. Buonamici testified.
Maj. Buonamici said he believed there was an attempt to
cover up the March 4 killing at
several levels in the military. ``What we're dealing with
here is a conspiracy.''
He said officials at military headquarters were worried
the March 4 killing could result
in ``bad publicity.''
Maj. Buonamici is one of the final two witnesses called
by the inquiry. His testimony is
seen as significant because of what it will say about how
the senior command handled the
investigation of the Somalia mission. He is back on the
stand today.
Military police weren't sent to investigate the March 4
killing until six weeks later. In that
incident, two Somali men trying to run away from Canadian
soldiers were shot in the back.
One was killed, the other wounded.
Even though he knew the men had been shot in the back,
Vice-Admiral Murray testified
that he decided against sending police immediately because
he first wanted to see an initial
report on the incident from senior officers in Somalia.
When he got that report, he sent it to
military lawyers to study. By the time the process was
finished, six weeks had passed.
In the meantime, Canadian troops captured Arone and
tortured him to death.
Maj. Buonamici said the lack of action may have sent a
signal to Canadian troops that it
was OK to use force against Somalis.
``It presented to the troops an opportunity I think to
unequivocally determine where the
limits of force were going to be.''
Maj. Buonamici said the fact that an unarmed man was shot
in the back ``constitutes the
classical features of a suspicious death'' and should have
triggered a police investigation.
The Somalia inquiry has already heard testimony from a
senior military police officer that
his requests to send investigators immediately to Somalia
were rebuffed by Vice-Admiral Murray.
The vice-admiral has also said he didn't immediately send
in police because he was more
concerned about ensuring that Canadian soldiers in Somalia
knew when they could use force
rather than determining if the troops involved in the
March 4 killing had acted with ``criminal'' intent.
Maj. Buonamici later wrote in his police report that the
``inexplicable delay'' in sending
investigators to Somalia allowed crucial evidence to be
destroyed and possible collusion among
witnesses.
Later Vice-Admiral Murray complained about the police
officer using the words ``inexplicable delay.''
He was worried someone might interpret the remark as
indication of a coverup. He also said that
the investigators never interviewed him to get his side of
the story.
At one point Vice-Admiral Murray and the JudgeAdvocateGeneral's Office asked the
military police
to change their report, Maj. Buonamici said.
But in a military police report written in October, 1993,
Maj. Buonamici cleared Vice-Admiral Murray.
That report said there was no attempt by Vice-Admiral
Murray to ``illegally influence or obstruct the
proper investigation of the 4 March, 1993 shooting.''
Maj. Buonamici also testified yesterday there was a
possibility that defence minister Kim Campbell's
bid to lead the Conservative party was behind the senior
military command's reluctance to look into
the matter, although he stressed he never saw any evidence
that Ms. Campbell was involved in any
delay.
Maj. Buonamici said only after military doctor Maj. Barry
Armstrong indicated he would go public
with his allegations that the Somali man may have been
killed execution style, did senior military
leaders act.
Maj. Buonamici also pointed out that none of the soldiers
involved in the March 4 killing told
investigators that food and water was put out as bait to
lure Somalis into the Canadian base.
That, he said, ``indicates a consensus there was
something incriminating about that bait.''
Maj. Buonamici also believes the soldiers' actions that
night show they did not perceive a threat
from the Somalis even though they opened fire on the two
men. The paratroopers used flashlights
and were yelling and chased the Somalis, he said. If the
Somalis had been armed the soldiers likely
would not have done that.
``It tends to indicate there was no perceived threat.''
*** Infomart-Online ***
Illustration
Colour Photo; COLOR PHOTO: MAJ. VINCENT BUONAMICI
Credit: THE OTTAWA CITIZEN
Word count: 835
(Copyright The Ottawa Citizen)
[Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview/....,
accessed 23 February 2019]
My recommendations are straightforward and
easily implementable. They are:
1) First, that the Surgeon General be assigned
the responsibility for determining
whether an individual’s illness or injury is
attributable to their service, and that
Veterans Affairs Canada accept that determination to
activate their benefit suite for
the releasing member.
– We have estimated
that this would cut the wait times for VAC benefits by
at least 50%.
2) Second, that the Member not be released from
the Canadian Armed Forces until ALL benefits
and services, from ALL sources, including Veterans
Affairs, are in place.
– This includes their
Canadian Forces pensions.
3) Third, that a Concierge Service be put in
place, staffed by members of the Canadian Armed
Forces, to help the member navigate the complex release
process.
4) Finally, that one easily navigable, COMMON
web portal be created containing all relevant
information on the benefits and services from Veterans
Affairs and the Canadian Armed Forces.
Senators, you would think that this blueprint would
be accepted and implemented as quickly as possible. It
has not.
Plaintiffs in five separate class action lawsuits
against the Canadian military have agreed to work together
to take the federal government to court.
....
The class actions were filed in Ottawa, Toronto, Quebec
City, Halifax, and Victoria. Now all five plaintiffs
have agreed to combine their resources to
work together, according to a news release issued by Acheson
Sweeney Foley Sahota LLP, a Victoria, BC law firm.
.....
The plaintiffs in class actions are represented by Koskie
Minsky LLP in Toronto, Raven, Cameron, Ballantyne &
Yazbeck LLP/s.r.l. in Ottawa, Quessy
Henry St-Hilaire, avocats in Quebec City, Wagners – A
Serious Injury Law Firm, in Halifax, and Acheson
Sweeney Foley Sahota LLP in Victoria.
......
The motions for certification, which will decide if the
cases can proceed as class actions will be heard in the
Federal Court the week of July 9, 2018.
Cyr isn’t the only one pointing out that
information from cabinet meetings is widely circulated
despite government claims of confidentiality.
Liberal Senator Colin Kenny said the details of the Nov. 19
cabinet meeting would have been known initially by dozens of
government officials.
Such details are quickly disseminated to various
senior bureaucrats for planning purposes, explained the
senator, whose job in the office of
prime minister Pierre Trudeau was at times to coordinate and
prepare cabinet-confidential information. Those bureaucrats,
in turn, pass the
information on to their subordinates. In addition, political
staff are also aware of the information their cabinet
minister bosses have discussed.
___________"Proposed military ombudsman not in a conflict,
minister's aide insists", CanWest
News, Jun 20, 2005, p.1;
___________"Rank injustice: Seven cases from Canada's military: A
Nine-Part Report", The Ottawa Citizen, 12 October 1999, at
p. 12;
Among the incidents listed:
....
- An official with the JudgeAdvocateGeneral's office -- the Canadian
Forces' top legal authority -- withheld key evidence in
the investigation
of a senior officer. According to a June 8, 1998, memo,
the assistant JAG officer withheld a letter written by a
navy captain who admitted to
violating military rules by drinking alcohol shortly
before taking the helm of a warship. The legal officer
wasn't involved in the case but
worried the navy would be embarrassed by the evidence.
Even though top military police officials knew about the
withholding of evidence,
no charges were laid against the legal officer.
___________"Soldier of torture was part of Forces' elite unit", The
Ottawa
Citizen, 10 October 1999;
___________"Top general apologizes to Forces whistleblower:
Unprecedented letter admits military failed to act on allegations
of sexual harassment", The Ottawa Citizen, pp. A1 and A10;
the other title at p. A10 is "Baril: Case not handled properly";
___________"Vice-Admiral lashes out at inquiry; Witness stand
used to give `surrogate press conference,' Somalia commissioner
says; HOT TIMES", Edmonton
Journal, Jan 29, 1997, p. A.3;
PUNSHON, Catherine (Catherine Jennifer), Lieutenant (N), 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;
___________on PUNSHON, Catherine, Lieutenant (N), was
co-counsel for the defence with Maj Bolik, in the case referred to
in the article: Peddle, Stuart, "Defence wants crucial video
evidence excluded in drug use court martial", The Chronicle
Herald, Halifax, 6 November 2018; available at https://www.thechronicleherald.ca/news/local/defence-wants-crucial-video-evidence-excluded-in-drug-use-court-martial-257175/,
accessed 13 November 2018; court martial of Leading Seaman
Christopher Edwards; court martial published decision can be found
at Edwards C.D. (Leading Seaman), R. v., 2018 CM 4018 (CanLII),
<http://canlii.ca/t/hx7pw>
(accessed 11 February 2019);
PURANEN, Captain, lawyer, received the Judge Advocate General's
Legal Branch membership coin number 211 (qualified on 5 June
2008), see http://www.lareau-law.ca/Coin2016.pdf
(accessed 25 September 2020); my initial research indicates
that it may be Serena Puranen, however, I am not 100 % sure (26
September 2020);
PURDY, Major K.R. (Kristopher Robert/Kris), "Inviting
Terrorism? Canada's Immigration Policy and Implications for
National Security", Canadian Forces College, JCSP 41, 2014=2015;
available at https://www.cfc.forces.gc.ca/259/290/317/305/purdy.pdf
(accessed 19 October 2020);
-----------
Michel Purnelle et son livre, source: Le soleil, Québec, 28
août 1996, Cahier A,
à la p. 8, collections.banq.qc.ca/ark:/52327/2735913,
consulté le 25 mai 2019
PURNELLE, Michel, 1960-, Une armée en déroute / Michel
Purnelle préface du colonel Michel W. Drapeau, Montréal:
Liber (Diffusion Dimedia, 539, boul. Lebeau, Saint-Laurent, PQ,
H4N 1S2), 1996, 189 p., ISBN: 2921569345; monsieur Purnelle
était un militaire en Somalie et un témoin à la Commission
d'enquête sur la Somalie; il eut également un procès devant une
cour martiale; j'ai parlé à Michel Purnelle le 5 juillet 2017, il
est maintenant Major dans les Forces canadiennes et Commandant
adjoint, Services au personnel, Groupe de soutien de la 2e
Division du Canada; une copie de ce livre est disponible à
l'Université d'Ottawa, FTX: KE 7135 .P87 1996;
___________on PURNELLE,
Michel, see Ward, John, "Boyle urged to give
whistle-blower a break: Commissioners ask brass to suspend bid to
dismiss soldier", The Ottawa Citizen, 27 Aug 1996: A.3;
As Gen. Jean Boyle returns for an eighth day of
questioning at the Somalia inquiry today, he has one
more problem: What to do about the army's plan to
discharge a whistle-blowing soldier.
Boyle already knew he would face more cross-examination
from lawyers representing some of the
subordinates he blames for a document-altering scandal.
The questioning has been rough and there's
no sign the lawyers will let up.
But a new issue arose Monday when the three inquiry
commissioners sent a formal letter to Boyle and
Brig.-Gen. Pierre Boutet, the judge-advocategeneral, asking them to suspend an
attempt to dismiss a
soldier who got into trouble last spring while trying to
bring information to the inquiry.
Boyle was out of town Monday and didn't get the letter
immediately. The Defence Department promised
a response ``in due course.''
In its letter, the commission expressed concern about the
convening of a career review board to consider
the future of Cpl. Michel Purnelle of the Royal 22nd
Regiment, the Van Doo.
Purnelle was with the Canadian Airborne Regiment in
Somalia in 1992-93 and testified before the inquiry
in January. He talked about the unit's training and
suggested there was alcohol abuse among its officers.
The inquiry is investigating the circumstances of the
Airborne's troubled Somalia mission.
In May, Purnelle was charged with seven counts under the
National Defence Act, including being absent
without leave and with giving unauthorized media
interviews.
The absence charges were filed after he left his
regimental base in Quebec City April 26 to deliver more
material to the inquiry in Ottawa.
The interview charges are connected to February
broadcasts on Radio-Canada.
The army leadership says it wants to get rid of Purnelle,
a former Belgian paratrooper who joined the
Canadian Forces five years ago. A career review board is
an administrative process that can, in effect,
fire a soldier.
A court martial can do the same thing but is a more
structured and legalistic process, with a full avenue
of appeal right up to the Supreme Court of Canada.
A review board decision is subject to much more limited
appeals.
If Purnelle were kicked out of the army by the board,
there would be no need to proceed with a court
martial on the charges against him.
The inquiry letter urges that the career review be
suspended until after a court martial.
``The court-martial process allows for the individual to
raise fundamental legal and constitutional
objections in ways not comprehended by less formal
administrative proceedings such as a career
review board,'' said the letter signed by chairman Gilles
Letourneau and his colleagues, Justice
Robert Rutherford and Peter Desbarats.
Letourneau has pledged from the outset to protect
soldiers coming to his inquiry, and Defence
Minister David Collenette has said it is a soldier's duty
to come forward.
In May, Letourneau said the charges against Purnelle sent
a different and chilling message to other
soldiers who might want to testify.
*** Infomart-Online ***
Illustration
Black & White Photo; BLACK & WHITE PHOTO:
GEN. JEAN BOYLE BLACK & WHITE
PHOTO: CPL. MICHEL PURNELLE
Credit: CANADIAN PRESS
Word count: 534
(Copyright The Ottawa Citizen)
[Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/...,
23 February 2019]
Image
source: twitter.com/huguetteyoung?lang=en, accessed 5 July 2017
Huguette Young
___________ on PURNELLE, Michel, see "D'autres soldats seront
encouragés à témoigner, selon Michel Purnelle Le caporal suspendu salue la
recommandation de la commission sur la Somalie à son endroit", La
Presse, 28 août 1996, à la p. C-6, disponible à http://collections.banq.qc.ca:81/lapresse/src/cahiers/1996/08/28/03/82812_1996082803.pdf
(vérifié le 24 janvier 2017);
source de
l'image:collections2.banq.qc.ca/jrn03/devoir/src/1996/07/16/A/5226335_1996-07-16_A.pdf,
consulté le 27 mai 2018
__________ On peut lire les pp. 382-518 de la transcription de
la cour martiale du Caporal Michel Purnelle, février 1997 à
transcri3.docx (mises
en ligne 5 juillet 2017);
___________sur
PURNELLE, Michel, voir
COULON, Jocelyn, "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».
___________sur
PURNELLE, Michel, voir
COULON, Jocelyn, "La bête noire de l'armée. Le procès en
Cour martiale du caporal Purnelle commence demain", Le
devoir, 28 Janvier 1997, cahier A, à la p. 2; disponible
à http://collections.banq.qc.ca/ark:/52327/2767608
(consulté le 25 mai 2019);
QR&O [The Queen's Regulations and Orders for the
Canadian Forces] Chapter 108 - Draft Proposal, MJ 141
mentioned at note 32, p. 44 of the Report of the Special
Advisory Group on Military Justice and Military Police
Investigation Services, 25 March 1997, supra;
FRANÇAIS : MJ 141, Chapitre 108 des ORFC [Ordonnances et règlements
royaux applicables aux forces canadiennes] - Ébauche de
proposition, cité à la note 32, p. 48 du Rapport du
Groupe consultatif spécial sur la justice militaire et sur les
services d'enquête de la police militaire, supra;
"Office of the JAG@JAGCAFAug
26 [2019] Welcome to the Office of
the
JAG Capt David Quayat, the newest Reserve Force Legal
Officer at
AJAG(Central Region)! He was recently sworn in to the CAF by
LCol
Kimberley Maynard in a ceremony held at Denison Armoury in
Toronto,
with his partner Maureen LaPier in attendance."
____________on QUAYAT, David, biographical notes, University of
Toronto:
David Quayat
Sessional Lecturer
Biography
David Quayat is Crown Counsel with the Public
Prosecution Service of Canada (PPSC), where he
conducts trials and appeals on a range of issues
including narcotics, terrorism, and regulatory
offences.
Prior to joining the PPSC, David practiced
internationally, including in Washington, D.C., and
was
legal counsel to a number of foreign states in a
variety of international trade law matters, including
before the World Trade Organization. He has also
litigated cases in Canada and the United States
related to diplomatic and sovereign immunity. David
has published a number of articles on diplomatic
immunity, sovereign immunity, the North American Free
Trade Agreement and international trade.
He serves as the National Administrator of the
Canadian Rounds of the Philip C. Jessup International
Law Moot Court Competition.
[source: https://politics.utoronto.ca/faculty/profile/413/,
accessed 30 August 2019]
___________on QUAYAT, David, see following biographical notes:
David Quayat is Crown Counsel with the Ontario
Regional Office of the Public Prosecution Service
of Canada. He has appeared all levels of court in Ontario
and at the Supreme Court of Canada. David
prosecutes narcotics, regulatory and terrorism offences.
He is a reserve legal officer with the Office
of the Judge Advocate General,
where he advises on administrative law, military justice
and operational
law matters. David also teaches international law at the
University of Toronto. Prior to being called to
the bar, David clerked for Chief Justice Allan Lutfy of
the Federal Court. He holds a B.A. (Hons.)
from the University of Calgary, an M.A. (International
Relations) from the Johns Hopkins University
School of Advanced International Studies, and an LL.B.
from the University of Ottawa.
Québec, Assemblée nationale, Projet de rapport. Commission
d'étude des questions afférentes à l'accession du Québec à la
souveraineté, p. 85-89 (La défense); titre noté dans mes
recherches mais non consulté (10 septembre 2015);
SARAJEVO, BOSNIA-HERZEGOVINA
SARAJEVO, Bosnia-Herzegovina (AP) _ Much evidence exists
that war crimes were committed against residents
of besieged Sarajevo, but two lawyers on assignment for the
United Nations said Tuesday that prosecution would be hard.
... [Bill] Fenrick and a Canadian
team of three military lawyers and four military police
investigators spent two weeks in Sarajevo gathering material
for a report
to U.N. Secretary-General Boutros Boutros-Ghali.
.... 'There is a lot of
information available. The difficulties we are facing, and
I think we are beginning to overcome, is translating
evidence for prosecution,'' said
Lt. Col. Kim Carter, a Canadian army military
prosecutor.
"Lawyer Will Hiscock is representing woman who is suing the
federal
government for damages after she was sexually assaulted by a cadet
leader. She was 14 when the assaults began. (Mark Quinn/ CBC)"
QUIROZ-BORREREO, Felipe, Major,
former JAG Officer, works as Legal Counsel for Privy
Council Office, Legal Operations/Counsel, see https://opengovca.com/employee/Quiroz-Borrero,_Felipe
(accessed 30 October 2018); has served twice in Afghanistan, see
http://www.ontla.on.ca/web/house-proceedings/house_detail.do?Date=2015-05-12;
obtained his LL.M., University of Ottawa, 2014, see
http://archive.is/aW9Ha;
Felipe Quiroz-Borrereo with other JAG members
"Office of the JAG@JAGCAFA
departure parade was held today for @CanadianForces
members
taking part in the 102nd International Four Days
Marches Nijmegen in the Netherlands from July 17-21
[2018]. The contingent includes a team of 10 legal
officers who will also mark the 100th anniversary of
the Legal Branch."
[source:
https://twitter.com/JAGCAF/status/1016835836325740544,
accessed 2 December 2018]
Source of Image: (2005)1 Les
actualités -- Newsletter at p. 55 "Our 'honest brokers' in action
Major Quiroz-Borrero and Major Moore in Afghanistan"
__________on Major
Quiroz-Borrero, see the article by FARRELL, Jim, "Afghans' claims settled by 'honest
broker' Canadian military lawyer says his form of justice works",
The Edmonton Journal,
Thursday, December 23, 2004; available at http://www.afghanistannewscenter.com/news/2004/december/dec232004.html,
accessed 25 February 2015; about Capt. Felipe Quiroz-Borrero; also
published in (2005)1 Les actualités -- Newsletter 55-56;
___________ Trust, but Verify: The Suitability of
Traditional Accountability Mechanisms for Defence Intelligence
Agencies in Democratic States, Mémoire de Maîtrise en droit
avec concentration en droit humanitaire et droit de la sécurité
internationale, Ottawa University, LL.M., 2014, mentioned in
(Automne 2014) 73 Revue du Barreau at p. 679;
R. c. Gingras, transcription du procès-verbal de la
cour martiale.générale à Nicosie, Chypre, mars 1982, à http://www.lareau-legal.ca/A-2015-01060.PDF
(mis en ligne en 2018);
Ottawa lawyer Stuart Hendin has returned home after
spending more than four months in Afghanistan training
lawyers and judges as an international training adviser in
Kabul for the International Development Law Organization
(IDLO).
An expert on the law of armed conflict and human rights
law, Hendin teaches morality and ethics at the Royal
Military
College of Canada in Kingston and at the Canadian
Forces College in North York.
"Le brigadier-général à la retraite Daniel Ménard à son arrivée en
cour martiale,
le 21 juillet 2011, en compagnie de son avocat [Me Jean
Asselin]". Photo : PC/Paul Chiasson
RADIO CANADA, "Le sort des détenus afghans", mise à jour 15
novembre 2016; une multitude d'articles avec liens, voir http://ici.radio-canada.ca/sujet/detenus-afghans
(site visité le 16 juin 2017);
Pour la première fois, des militaires à la
retraite osent parler publiquement d'un épisode de torture
qu'ils disent avoir
vécu lors d'un entraînement particulièrement éprouvant dans
les années 80 à la base militaire de Wainwright, en Alberta.
L’armée a traité à huis clos et en
n’engageant aucune sanction disciplinaire la
plupart des cas d’extrémisme et de comportement haineux
parmi ses membres.
[...]
Me Rory Fowler, un ancien avocat militaire, n’a trouvé que
quatre cas de sanction
disciplinaire en analysant la liste. La majeure partie du
temps, l’armée n’a pas pris
de mesures correctives et, lorsqu’elle le faisait, les
militaires s’en sortaient souvent
avec un avertissement ou une procédure de mise en garde et
surveillance. Au contraire
d’un procès public ou d’un procès sommaire, les mesures
administratives militaires
sont confidentielles.
[...]
Michel Drapeau est un colonel à la retraite et un avocat
spécialisé dans les cas de
justice militaire à Ottawa. Il explique que, parfois,
libérer de ses fonctions un militaire
accusé de racisme peut être un moyen de se débarrasser du
problème et d’éviter un
long procès. Car, une fois que l’accusé n’est plus
militaire, l’enquête sur son cas s’arrête.
[...]
Selon Rory Fowler, c’est parce que la hiérarchie militaire
est mécontente du Code de
discipline que si peu de procès sont lancés. Il explique
que les gradés rechignent à utiliser
ce moyen, car cela requiert plus de temps et plus de
preuves à présenter en cour martiale.
Récemment, un projet de loi a été adopté pour
mettre à jour la Loi sur la défense nationale
et réduire le nombre de preuves requises.
Image
source: amazon.ca/Get-Tough-Stay-Canadian-1914-1918/dp/1909982865,
accessed 10 October 2018
RADLEY, Kenneth, 1943-, Get Tough Stay Tough: Shaping
the Canadian Corps, 1914-1918, Solihull, uk: Helion
and Company, 2014, 423 pages (series; Wolverhampton military
studies ; no. 4); copy at Canadian War Museum, Hartland Molson Library/Musée canadien
de la guerre, Bibliothèque Hartland Molson, call number: D
547 C2 R34 2014;
Chapters
1 - With the Colours
2 - Make Me A Soldier
3 - Discipline: Powers and Responsibilities
4 - Trenches: Alarms and Excursions
5 - Crime and Punishment: System
6 - Crime and Punishment: Practice
7 - Morale - Concepts
8 - Morale - Basics
9 - Morale - Welfare
10 - Morale - Esprit
11 - Officers and Other Ranks - Differences
12 - Officers and Other Ranks - Relations
13 - Finis
Appendices
I - Field General Court-Martials July 1915-July 1916,
January-July 1918
II - Canadian Corps order of Battle
RALEIGH, Major Sean, "Brigadier-General (Retired) Robert Martin",
(2006) 1 JAG Les actualités -- Newsletter 12;
FRANÇAIS : RALEIGH, Major Sean, "Brigadier-Général (Retraité) Robert
Martin", (2006) 1 JAG Les actualités -- Newsletter 13;
------
Sean
Raleigh
Sean Raleigh, video-still
___________"The Legal Officer [Lieutenant-Commander Sean
Raleigh]", People in Your Neighbourhood, available at https://www.peopleinyourneighbourhood.ca/the-legal-officer/
(accessed 5 April 2018); note:"People in Your
Neighbourhood™ is presented by Jen & Van Hansen, Sales
Representatives for Apex Results Realty Inc., the full-service
boutique brokerage with offices in Burlington, and Hamilton,
ON."; includes a video "Legal Officer";
__________Sean Raleigh and his involvement in the
case of J.P. v. Attorney General
(Canada), 2010 ONSC 5327 (CanLII), <http://canlii.ca/t/2d997>;
case accessed 7 April 2020;
Photo by
MCpl Kevin Paul, Canadian Forces Combat Camera
Major Sean Raleigh, on USS Bainbridge, 27 September 2007
____________Photo, Major Sean Raleigh, Canadian Forces Imagery
Gallery, available at combatcamera.forces.gc.ca/gallery/cc_photos/detail/?filename=IS2007-7700&assetId=13816
(accessed on 31 May 2017)
Major Sean Raleigh, Legal Officer on the Canadian Frigate HMCS TORONTO, gets a guided tour of the American warship USS BAINBRIDGE from Lieutenant-Commander Schwarzkopf, Executive Officer of the BAINBRIDGE. The two ships are part of a multinational fleet carrying out a NATO presence patrol in the Indian Ocean near Somalia. -------------------- Le Major Sean Raleigh, avocat militaire à bord de la frégate canadienne, le NCSM TORONTO, participe à une visite guidée du navire de guerre américain USS BAINBRIDGE donnée par le Capitaine de corvette Schwarzkopf, commandant en second du BAINBRIDGE. Les deux navires font partie de la flotte multinationale de l’OTAN effectuant une patrouille de présence dans l’océan Indien, près de la Somalie. (source pour le texte français: http://www.combatcamera.forces.gc.ca/gallery/ cc_photos/detail/?filename=IS2007-7700&assetId=13816&lang=fra)
RALPH, H. Spencer (Hugh Spencer), Major, member of the OJAG, circa
1918, Directory of Military Estates, see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa :
Office of the Judge Advocate General, c2002, at p. 30, available at
i-xii and 1-102;
__________on Ralph, H. Spencer, Major, see "Hundred of Toronto Folk
File Claims Against Teuton", The Globe, Toronto, 14 May
1924, at p. 11;
ProQuest Historical Newspapers:
Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca,
accessed 18 September 2018
___________on Ralph, H. Spencer, Major, see "Is to Have Charge of
Soldiers' Estates", The Globe, Toronto, 18 November 1916, at
p. 5;
ProQuest Historical Newspapers:
Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca,
accessed 18 September 2018
___________on Ralph, H. Spencer, Major, see "Ontario Itinerary
Arranged by Enemy War Debts Board", Canadian Press Despatch", The
Globe, Toronto, 25 September 1925, at p. 3;
ProQuest Historical Newspapers:
Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca,
accessed 18 September 2018
RALSTON, Stuart B., Montreal Superior Court Judge and former officer
of the JAG "department", see "Like father, like son", The
Leader-Post, Regina, 17 August 1961 at p. 21, available at
https://www.newspapers.com/image/...., accessed 25 May 2020;
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
Image
source: www.linkedin.com/in/rob-ramey-6989a5a8, accessed 30 July
2016
Robert Ramey
RAMEY, Robert A., Space Warfare and the Future Law of War,
A thesis submitted to the Faculty of Graduate Studies and Research
in partial fulfillment of the requirements for the degree of
Masters of Law (LL.M.), Institute of Air and Space, McGill
University, 1999; available at http://www.collectionscanada.gc.ca/obj/s4/f2/dsk1/tape10/PQDD_0030/MQ55106.pdf
(accessed on 17 October 2014);
Source: www.cambridge.org/us/academic/subjects/law/comparative-law/global-anti-terrorism-law-and-policy-2nd-edition,
accessed 30 July 2016
RAMRAJ, Victor, Michael Hor, Kent Roach, et al., eds., Global
Anti-Terrorism Law and Policy, 2nd ed., New York, NY:
Cambridge University Press, 2012, 9781107014671;
and see The criminal law and its less restrained alternatives Kent
Roach and Canada's response to terrorism Kent Roach;
RANGER, Paul, c.r., Lieutenant-Colonel avec le bureau du JAG,
décédé dimanche le 7 avril 1963, voir l'avis de décès dans La
Presse, lundi le 8 avril 1963, à la p. 49, disponible à http://collections.banq.qc.ca/ark:/52327/2757798
(consulté le 31 mars 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
___________photo "Officiers à leur retraite" du LCol Ranger avec
d'autres militaires, La presse, Montréal, mercredi, le 2
mai 1945, à la p. 10; disponible à http://collections.banq.qc.ca/ark:/52327/2884536
(vérifié le 25 janvier 2019); for the same photo, somewhat
clearer, see The Gazette, Montreal, 3 May 1945 at p. 17;
___________pour une biographie sur RANGER, Paul, voir Lefebvre,
Jean-Jacques à (1963) Revue du
Barreau aux pp. 370-372; ****
RANKIN, Colonel J.S. (James S.), lawyer, see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa
: Office of the Judge Advocate General, c2002, at p. 42 available
at i-xii and
1-102;
In June 1929, The JAG [Colonel Orde] received some
additional help. Colonel J.S. Rankin
was appointed as an Assistant Departmental Solicitor under a
temporary certificate from the
Civil Service Commission.
___________on RANKIN, Colonel James S., see Canadian Press,
"Claim for $10,674 Dismissed", The Globe and Mail,
Toronto, 10 May 1939, at p. 9; available at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....
(accessed 3 February 2019);
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
[Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/, ProQuest Historical
Newspapers, accessed 3 February 2018]
___________on RANKIN, Colonel James S., see "Col. Orde and Capt.
Gordon Spend Year at War College", The Globe, Toronto, 9
December 1930 at p. 17;
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
[Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/...., ProQuest Historical Newspapers,
accessed 13 March 2019]
___________on RANKIN, Colonel James S., see "Discuss Petition of
Col. J. Rankin", The Evening Citizen, Wednesday, 10 May 1939 at p.
17; retrieved from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2342335204?accountid=46526,
accessed 30 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
"Un rapport du comité des affaires extérieures de la
défense. Le recours aux forces armées à des fins de sécurité
intérieure", Le devoir, Montréal, mardi 1 août 1972,
à la p. 5; disponible à http://collections.banq.qc.ca/ark:/52327/2774152
(vérifié le 20 octobre 2018); important
article;
Maj Prem Rawal, second from left, image source: http://www.touchbaseonline.ca/?p=2141
RAWAL, Prem, Captain, on, "Congo's conflict spurred by corporations
need for minerals" Touch Base -- The Magazine for global Canadians,
31 October 2011; available at http://www.touchbaseonline.ca/?p=2141,
accessed on 25 February 2015;
"Maj Prem [Rawal] was part of a panel [John E. Read
International Law
Society at Dalhousie University] that examined what legal
obligations do
multinational corporations have when operating in geographic
regions
where there is an armed conflict and what are the current best
practices
in terms of ensuring overall respect for International
Humanitarian Law."
RAWAL, Capt. P. (Prem), "First Annual Office of the JAG,
Post-Deployment Conference for Legal Officers", (2006) 1 JAG Les actualités -- Newsletter
25; FRANÇAIS :
RAWAL, Capt. P. (Prem)
___________"Première conférence annuelle: post-déploiement du
JAG", (2006) 1 JAG Les
actualités -- Newsletter 25;
___________on Rawal, Prem and his participation in Operation
Crocodile, see York, Geoffrey, Reuters, "The War [in Congo] that
Won't End", The Globe and Mail, Toronto, 27 Mar 2010 at
pages F1 and F6-F7; retrieved
from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/1444873633?accountid=46526,
accessed 6 May 2020;
A Canadian reservist [] charged in the death of a
fellow soldier is trying to end his court martial by
challenging the independence of military judges.
.... As the court martial resumed Monday in
Sydney, defence attorney Maj. Stephen Turner submitted
two volumes of documentation and spent over two hours
arguing that the proceedings must end.
....
Prosecution warns of 'chaos' if defence challenge
granted
The prosecution warned that military justice could grind
to a halt if the defence's challenge is granted.
Legislation on how military judges are appointed or
re-appointed would have to change if the judge agrees
with the defence's argument, said Maj. Prem Rawal, one of
the prosecutors.
"As to when Parliament would be able to remedy that
situation, no one knows," Rawal said Tuesday.
"It's the prosecution's submission that it's really a
gamble and one that would cause chaos or have the
potential anyway to cause chaos."
___________on Rawal, Prem, see the court martial of Captain
MacLellan saga :
- MacLellan J.C. (Captain), R. v., 2011 CM 3003 (CanLII),
<http://canlii.ca/t/g87qn>,
20 May 2011; Standing Court Martial in Halifax, President:
Lieutenant-Colonel L.-V. d'Auteuil, M.J.; prosecutor: Prem
Rawal; defence counsel: Mr Kevin A. MacDonald, from the
firm Crowe Dillon Robinson Barristers and Solicitors;
Language and Culture students learned about the
importance of bilingualism in the
professional world thanks to guest speaker Prem
Rawal from the Canadian Armed
Forces. Speaking to students in period three and
four classes on Friday, January 19,
Mr. Rawal also addressed justice issues,
specifically Canadian military justice and
the law of armed conflict.
Mr. Rawal is a soldier who also holds the position
of legal officer with the Judge
Advocate General's Office of the Canadian Armed
Forces. He completed law school
at the University of Western Ontario in 2002 and was
called to the Bar of Ontario
in 2003 before completing basic officer training in
St-Jean, Qu
RAY, Randy, "Law in the Trenches", (March 1995) 4 National
(The Canadian Bar Association - L'Association du Barreau
canadien) 12-24; research note: article on
Canadian military lawyers; note de recherche: article sur
les avocats militaires canadiens;
RAYCROFT, Maxwell (Max), Captain, from Stratford, Ontario was the
defending officer in the court martial of Lieutenant-Colonel
Philip Tedman, see "Second Officer Convicted; Trial of Third
Opens", Globe and Mail, 1946/03/02, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5081819
(accessed 7 June 2019);
RAYMOND, Martin (M.D.N.), LCol, member of the OJAG, Canadian Joint
Operations Command Legal Advisor, see
https://ca.linkedin.com/in/martin-raymond-02526147 (accessed 9 May
2018); "Lieutenant-Commander M. Raymond, Director of Military
Prosecutions, Eastern Region Counsel for the prosecution/respondent"
in Benoît M.R. (Captain, retired), R. v., 2008 CM 1010 (CanLII),
<http://canlii.ca/t/27znb>,
accessed 9 June 2018; member of the Quebec Bar since 2002; Royal
Military College of Canada/Coll, Master's degree, Defence
Studies, –
Contents
Acknowledgments| p. ix
'The White Man's Burden,' Rudyard Kipling| p. xi
Introduction: 'Savage Wars of Peace'| p. 3
1 Those Who 'Witness the Evil': Peacekeeping as
Trauma| p. 15
I. Those Who 'Witness the Evil'| p. 18
II. On Being the Hero's Friend: Canadian Investments
in Peacekeeping| p. 32
III. Sending in the Warriors: 'The Spread of
Non-Democratic Regimes and Human Rights Abuses'| p. 39
2 Men from the 'Clean Snows of Petawawa'| p. 51
I. Masculinities That Make the White Nation| p. 57
II. Operation Deliverance| p. 67
3. Outwhiting the White Guys?' Men of Colour and the
M"It is obvious that justice (in the sense of fair treatment,
rather than in the more narrow legalistic sense) is
important to the members of an organization. Yet, the following
questions remain: why is it important, and what is its
impact on the effectiveness of that organization? This paper
will answer those questions from both the theoretical and
practical perspectives. Opening with an examination of
organizational justice theory itself and its related
concepts, it will argue that in order that the CF/DND retain the
trained personnel in which it has invested time and money
and attract recruits of quality, it must devote greater
efforts to the principles of organizational justice.
Discussion will conclude with a series of practical
recommendations as to the means of improving both the
substance and appearance of organizational justice in
the CF/DND." -- p. 3. urder of Shidane Abukar Arone| p. 87
I. 'A Significant Opposition of Values'| p. 91
II. The Bully and the Weak Soldier| p. 101
4 Bad Apples and a Nation Wronged: Public Truth and
the Somalia Affair| p. 116
I. The Disappearance of Race| p. 119
II. Race as Culture| p. 135
III. Ill-Prepared and Rudderless Soldiers and a
Nation Wronged| p. 141
Conclusion: Acting Morally in the New World Order:
Lessons from Peacekeeping| p. 153
I. The Role of Racism in the New World Order| p. 155
II. Superfluous Human Beings and Evil as Policy| p.
158
Notes| p. 167
Bibliography| p. 207
Index| p. 227
(source: http://ares.cfc.forces.gc.ca/rooms/portal/media-type/html/language/en/country/US/user/anon/page/Sirsi_AdvancedCatalogSearch.psml?eventSubmit_doDocumentviewenrichment= 1&resultSetId=ResultSet-1875&documentIndex=9&callNumber=341.584%20R39%202004&id=33396002055997#toc,
accessed on 20 December 2011)
___________"From the 'Clean Snows of Petawawa': The Violence of
Canadian Peacekeepers in Somalia", (February 2000) 15(1) Cultural
Anthropology 127-163;
Portrait of Horace E. Read by Siegfried
Haase, 1968; image source: dal.ca/faculty/
law/about/history-of-schulich-school-of-law/deans-
of-the-law-school.html,
accessed 20 January 2018
READ, Horace Emerson, 1898-1975, Fonds MS-2-322-- Horace E. Read
fonds, Dalhousie University Archives, see https://findingaids.library.dal.ca/horace-e-read-fonds
(accessed 3 May 2018);
During the Second World War, Read served as a
Major in the Minnesota wing of the United States Civil Air
Patrol from 1941 to 1943.
At the request of his colleague and friend, Angus L.
Macdonald (then Minister of National Defence for Naval
Services), Horace joined
the Royal Canadian Navy Volunteer Reserve as Commander. With
the rank as Commander, Read became chairman of the Naval
Regulations Revision Committee and served as a principal
architect in the revision of the Naval Regulations
(K.R.C.N.), as well
as the draftsman of the Naval Service Act of Canada in 1944.
Read also served as chairman of the Canadian Naval Orders
Committee from 1944-1945. As a result for his work directing
the revisions of naval regulations, he was awarded the Order
of British
Empire in 1946.
In 1950, Read accepted an offer to become Richard Chapman
Weldon Professor of Law and Dean of the Faculty of Law at
Dalhousie
University on the terms that a Nova Scotia Centre for
Legislative Research be established. In 1964, after being
appointed Dean Emeritus
of Law and Sir James Dunn Professor of Law, Read accepted
the role of Vice-President of Dalhousie University until
1969 when he
stepped down to pursue teaching full-time until 1972. On
February 26, 1975, Horace Read died at the Victoria
General Hospital in
Halifax at the age of 78.
____________ Proposed code of the law of evidence for Canadian
courts-martial, [Place of publication not identified] :
[publisher not identified], [1956?], 93 p.; copy at Dalhousie
University, DAL Dunn Law Library ; KB 96.D2 C21;
"Readers Discuss Current Topics. Are Misdemeanors in Army
Dealt With Impartiality?", The Globe and Mail, 26 February
1943, at p. 6;
Pressing (and holding) the Ctrl
key and scrolling the
wheel of the mouse allows to zoom in or out of the web
page being viewed
The article's title is missing from the image.
ProQuest Historical Newspapers:
Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca,
accessed 24 September 2018
Summary
"It is obvious that justice (in the sense of fair treatment,
rather than in the more narrow legalistic sense) is important to
the
members of an organization. Yet, the following questions remain:
why is it important, and what is its impact on the
effectiveness of that organization? This paper will answer
those questions from both the theoretical and practical
perspectives. Opening with an examination of organizational
justice theory itself and its related concepts, it will
argue that in order that the CF/DND retain the trained
personnel in which it has invested time and money and
attract recruits of quality, it must devote greater efforts
to the principles of organizational justice. Discussion
will conclude with a series of practical recommendations as
to the means of improving both the substance and
appearance of organizational justice in the CF/DND." -- p.
3.
READY, J.H. (John Howard), Lieutenant-Colonel with the JAG branch in
Ottawa as indicated in "Ottawa Shorts", The Ottawa Journal,
11 September 1951 at p. 14, available at
https://www.newspapers.com/, accessed 16 May 2020;
___________on READY, J.H., Major, testified in 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;
___________photo of LCol Ready, J.H. 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
key and scrolling the
wheel of the mouse allows to zoom in or out of the web
page being viewed
Image
source: lop.parl.ca/sites/ParlInfo/default/en_CA/People/Profile?personId=6471,
accessed 25 November 2018
Daniel Lee Redman
REDMAN, Daniel Lee, 1889-1948, served with the Judge Advocate
General's Branch, see "D. Lee Redman", The Globe and Mail, 9
April 1948, at p. 26;
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, The Globe
and Mail
https://search-proquest-com.ezproxy.biblioottawalibrary.ca....,
accessed 25 November 2018
REE, Angus Creelman, former lawyer and OJAG member, see : Ree v.
Ree, 1999 CanLII 6048 (BC SC), <http://canlii.ca/t/1d15q>:
"Mr. Ree is a lawyer. He was called to the Bar in 1956 and
then worked for the Judge Advocate General, Canadian Army."
Pressing (and holding) the Ctrl
key and scrolling the wheel
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___________on REE, Angus Creelman, see "Law graduate takes bride
September 14", The Province, Vancouver, Saturday, 31 August
1957 at p. 27, available at https://www.newspapers.com/....,
accessed 28 May 2020;
___________on REE, Angus C., see his photo in The Province,
Vancouver, Friday, 6 May1966 at p. 20, available at
https://www.newspapers.com/image/...., accessed 24 June 2020;
Image
source: cbc.ca/news/canada/ottawa/ottawa-lawyers-airport-travel-ban-1.3969359,
accessed 4 June 2018
REED, Alison (Alison Mary Watson), legal Officer with the Judge
Advocate General Office, reserve force, biographical notes, at
http://alumnius.net/york_university_-_os-888-4, accessed 12 October
2017:
Education: York University - Osgoode Hall Law School2000
– 2003
Bachelor of Laws (LLB)
Experience: Office of the Judge Advocate GeneralAugust
2011 – Present Office of the Judge Advocate GeneralJuly
2010 – July 2011 Office of the Judge Advocate GeneralJuly
2007 – July 2010 Office of the Judge Advocate GeneralSeptember
2006 – July 2007 Special Court for Sierra LeoneOctober
2004 – March 2005 Crown Law Office CriminalSeptember
2003 – June 2004
Serving as a reservist in the operations division, provide
legal advice on legal status,
protections and obligations of the Canadian Armed Forces in
both domestic and
international military operations.
___________Reed, Alison "Alison Reed is a founding partner of Reed
Robins Naik LLP. Ms. Reed received her LL.B. from Osgoode Hall Law
School in 2003", see https://rrnlegalteam.com;
Ms. Reed completed her articles with Crown Law
Office Criminal, in Toronto. After being called
to the bar, she interned with the Office of the Prosecutor,
Special Court for Sierra Leone. Upon
her return to Canada, Ms. Reed joined the Canadian Armed
Forces as a legal officer in the Office
of the Judge Advocate General.
As a legal officer serving in the rank of
major, Ms. Reed delivered timely, solution
oriented legal advice on a broad spectrum of
issues relating to Crown liability, criminal,
administrative and international law.
Ms. Reed held several positions in over a
decade of military service. Ms. Reed served as
military defence counsel, providing vigorous
and proactive representation to clients at
military
bail hearings, trial by courts martial and on
appeal to the Court Martial Appeal Court of
Canada.
She was, also, legal advisor to the commanders
and staff officers of Canadian Forces Base
Kingston, one of Canada’s largest military
bases hosting 8 000 military and civilian
personnel.
Ms. Reed has also served as part of a small
team advising senior staff at National Defence
Headquarters on the domestic and international
legal authority applicable to the planning,
approval and conduct of Canadian Armed Forces
operations in Canada and abroad.
His close to 35 year career as a military
lawyer has taken him throughout Canada, Europe, the Balkans
and the United States
(including Puerto Rico and Hawaii) where he has performed as
both prosecutor and defence counsel, sat as a trial judge
(alone and with a full court), and provided a wide range of
legal advice, services, training and counsel in personnel,
administrative, criminal, disciplinary, international and
operational legal matters at the strategic,
operational/theatre and tactical levels.
___________on REED, Captain(N) W.A. (Bill), see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa :
Office of the Judge Advocate General, c2002, at pages 151, 162, 214,
222 and 223, available at 103-242;
[source: (Nov-Dec 2000) 4 JAG Newsletter-
Bulletin d'activités at p.7]
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From left: Allan Fenske, Pierre Boutet and Bill Reed, 10 April 2003,
photo reproduced from JAG Newsletter, 2004, volume 1 at
p. 5
____________Presentation on the rationale for a military justice
system made before The Commission of Inquiry into the Deployment of
Canadian Forces to Somalia; taken from the Hearings Transcripts,
volume 3P, 20 June 1995, COMMISSION OF INQUIRY INTO THE
DEPLOYMENT OF CANADIAN FORCES TO SOMALIA, Information Legacy: A
Compendium of Source Material from the Commission of Inquiry into
the Deployment of Canadian Forces to Somalia, supra; Presentation
of
Captain (N) Bill Reed
___________sur REED, Captaine de marine, W.A. (Bill), voir
l'article suivant: PRESSE CANADIENNE, "Pas de criminels endurcis
parmi les soldats canadiens en Allemagne. C'est ce que
soutient le capitaine Bill Reed face aux meurtres récents", La
Presse, 9 août 1991, C. Week-end, à la p. 6; disponible
à http://collections.banq.qc.ca/ark:/52327/2171888
(vérifié le 29 mars 2018);
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REENS, Roger F., Deputy Executive Director and General Counsel,
DND/CF LA Materiel, Environment and Real Property (MERP-DMEI
), 613-949-9377; reens.rf@forces.gc.ca; 6th floor, 1
Nicholas St, Ottawa; see
http://www.goc411.ca/en/99009/Roger-Reens, accessed 13 May
2018;
Martin Reesink
REESINK, Martin, web site for his law practice at http://www.reesinklaw.com/
(accessed 31 May 2016); Martin Reesink is a former JAG officer;
REEVES, Darin, "An interview with Colonel Commandant of the Legal
Branch, Capt(N) Goodfellow / Une entrevue avec le colonel-commandant
de la Branche des services juridiques des FC: le Capv Goodfello",
(2007) 1 JAG Les actualités -- Newsletter 15-17; article in
French & English/article en français et en anglais;
[Abstract]
This thesis examines the question of Canadian domestic, and
international, rights and obligations owed to individuals
detained
by Ships of the Royal Canadian Navy in a selection of
contemporary naval operations. Discussed are underlying lawful
authorities
as well as the international law affecting the maritime
environment. Next reviewed are extra-territorial extensions of
State jurisdiction
and the rights and international and Canadian State
obligations triggered when an individual is detained. Legal
issues found in
maritime operations are then analyzed in contrast to land
operations involving detention of individuals and attendant
human right’s
concerns. The thesis concludes by re-conceptualizing naval
operations in light of State border and frontier zone legal
principles and
concludes by setting out general principles that can be
applied to these, and other, naval operations.
(source: https://ca.linkedin.com/pub/darin-reeves/11/b55/b35,
accessed 30 April 2015)
Darin joined the Dallaire Initiative on 1
March 2016 as the Director of Training. He began
volunteering with the Initiative in 2012 by writing and
researching
on issues surrounding International Law and maritime child
piracy, and volunteered extensively with the Dallaire
Initiative and Dalhousie Maritime Piracy
Project in examining this phenomenon through 2014.
Darin first joined the Canadian
Armed Forces reserves in 1985 as a Cadet
Instructor Cadre pilot where he served as
senior instructor pilot, tow pilot and
flight
commander teaching Air Cadet youth to fly
gliders. In
1989 Darin transferred from the
Reserves to the Regular Force as a
Maritime Surface Officer and served
in numerous ships in both the Atlantic and
Pacific fleets. Transferring to
the Office of the Judge Advocate General
(JAG) in 2005, as a military
lawyer Darin
provided operational advice to all
elements of the Canadian military and
became a very experienced prosecutor
within the military Courts Martial system,
prosecuting complex matters including
internet based crime, crimes against
children and other breaches of
the National Defence Act and
the Criminal Code of
Canada. In 2006 he sailed with and
advised the Standing Contingency Force
exercising an experimental Joint
Operations Deployable Command structure
and
has advised naval commanders for
Operations ACTIVE ENDEAVOUR, Operation
SEXTANT and Operation SERIOUS. In
2008 he deployed to Afghanistan
as the legal advisor to the
2nd Battalion PPCLI Battle Group,
where he advised on all aspects of
operational, disciplinary and
administrative law. In 2010 he
was tasked to the NATO Joint Force Command
Head Quarters in Naples, Italy where he
assisted the NATO command team led by
Lieutenant-General Bouchard
in achieving Command Ready Status
immediately prior to taking command of the
NATO led operations against pro-Kaddafi
forces in Libya (Op MOBILE). In
2015 Darin deployed as legal
advisor to the deployed Target Engagement
Authority in support of Canadian Armed
Forces operations in Libya and Syria (Op
IMPACT).
Darin received his Bachelor of
Commerce degree (with distinction) from
Royal Roads University in 2001 where he
was awarded the Governor General’s
Academic
Medal and Chancellor’s Award. He
received his Juris Doctor from
the University of Victoria Law School in
2004 where he mooted internationally,
placing second
in the Louis M Brown competition, and
received his Masters of Law from the
Dalhousie University Schulich School of
Law in 2014. In
2005 Darin was called to
the Bar of British Columbia.
Darin Reeves is part of the "Our Team", see www.childsoldiers.org/team/
accessed 23 January 2017
___________on Darin Reeves, see CHILD SOLDIERS INITIATIVE (The Roméo
Dallaire initative), web site at www.childsoldiers.org/team/
accessed 23 January 2017;
We are global
leaders in the fight against child soldiers
No individual
country or regional organization has yet developed
coherent policies, or military and police doctrine for
dealing with child soldiers during peace operations. Our
unique approach working with military, police and
peacekeeping forces—often the first point of contact for
child soldiers—is breaking new ground, and is a critical
part of interrupting the cycle of recruitment of
children by armed groups.
Our focus goes
beyond child protection–in order to solve this problem
it must be seen as a security concern andsecurity sector
actors must be included as part of the solution. Through
this prevention-oriented approach, we aim to create the
necessary tools and training, supported by research, to
better protect children from recruitment, and in so
doing, help end this crime against humanity,
community-by-community, country-by-country, once and for
all.
[source:
http://www.childsoldiers.org/what-we-do/, accessed 23
January 2017]
Lt.-Cmdr. Darin Reeves comments on the case in the video
___________on Darin Reeves, see CTV News Vancouver, "Court Martial
for Cmd. accused of misconduct", August 2016; available at http://bc.ctvnews.ca/video?clipId=926659
(accessed 10 August 2016); Standing court martial of Commander
J.A.Yanchus, CFB Esquimalt, 8 August 2016;
___________on Darin Reeves, see Eric Charland, "LCdr Darin Reeves
recognized with a TTCP Award", Sword and Scale, May 2013–
CBA National Military Law Section Newsletter; available at http://www.cba.org/CBA/sections_military/newsletters2013/news.aspx
(accessed on 26 July 2014);
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.
___________"Set Condition 'one-alpha' for Wet Well Operations"
/"Adoptez Conditions 'un-alpha' pour les opéraions de la bâche
d'aspiration", (2007) 1 JAG Les actualités -- Newsletter
34-36; article in French & English/article en français et en
anglais;
Image
source:
https://en.wikipedia.org/wiki/File:Reform_Party_of_Canada_logo_(english_version).svg,
accessed 21 October 2017
REFORM PARTY OF CANADA, National Defence Task Force: Final Report,
July 1997;
"Reformers show real backbone standing up for Canada - Francis",Financial Post (Index-only),
Mar 19, 1996, Vol.9(26), p.19;
___________see Ernie Regehr's book:Disarming Conflict Why Peace Cannot Be Won on the Battlefield,
London : Zed Books, 2015, xi, 217 pages ; 22 cm, ISBN: 9781783603558
1783603550 9781783603541 1783603542;
Table
of Contents
Image
source: en.wikipedia.org/wiki/HMS_Niobe_(1897), accessed 22 October
2017
HMCS Niobe (1897)
Halifax, N.S., Nov 15.—A naval court martial
convened here today to investigate the responsibility for
the stranding of the Canadian cruiser Niobe near
Cape Sable,
last July. Commander Macdonald of the Niobe and
two of his officers are on trial. In order to provide the
officers of necessary rank for the court, the British
Atlantic
Squadron, consisting of Leviathan, Essex, Donegal and
Berwick was sent here. Capt Baker of the Berwick is
presiding over the court.
Mishall Rehman, souce: cmfmag.ca/
author/mishall/, accessed 1 November 2017
After accumulating thousands of dollars in debt and
being dragged through 27 months of prosecution, MCpl.
(ret’d) Collin
Fitzgerald finally saw a ray of justice this week when
his petition to the House of Commons was presented on in
Parliament on May 2.
The Federal petition demands that an independent
inquiry be held looking into the 27 month prosecution of
this decorated war hero,
demands an overhaul of the relationship between the
Police Force and the Crown Attorney, and the government
determine a way of
compensating thousands of unjustly accused Canadians.
The petition, which was signed by hundreds of Canadians
from across the country, was presented to the House of
Commons by MP
for Kingston and the Islands, Mark Gerretsenm who has
been working with Fitzgerald since last fall to get his
voice heard.
“Collin is one of many veterans who have been diagnosed
with Post Traumatic Stress Disorder, something he has
struggled with for
many years. Collin’s story is one of a military hero who
has returned home to later face charges he claims are a
result of his PTSD,”
said Gerretsen in his address to Parliament.
The government now has 45 calendar days to respond to
Fitzgerald’s petition.
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REID, Michel, "Military Ethics and Political Activism: The Charter, the soldier, and
freedom of political expression", (Summer 2008) 1(1) Journal of the Defence Ethics
Programme; available at http://www.dep.forces.gc.ca/dep-ped/jdep-jped/2008/v1n1-eng.aspx
(accessed
on 25 March 2012); FRANÇAIS : REID, Michel, "Éthique militaire et milantisme politique:
la Charte, le soldat et la liberté d'expression politique", (Été
2008) 1(1) Journal du Programme
d'éthique de la défense; disponible à http://www.dep.forces.gc.ca/dep-ped/jdep-jped/2008/v1n1-fra.aspx
(vérifié le 25 mars 2012);
Image
source: www.google.ca (image search, 31 December 2014)
REILLY, John, Office of the Assistant Judge Advocate General
(Pacific Region), "Op Caribe: Personal Legal Issues", slide
presentation, see http://www.slideshare.net/esquimaltmfrc/mcdv-briefing-december-2014
(accessed on 31 December 2014);
REILLY, J.J. (John Joseph?), Major, member of the OJAG, called to
the Law Society of Ontario (Ontario Bar) in 1982, see https://www.canadianlawlist.com/listingdetail/contact/j-j-reilly-561461/
(accessed 19 August 2018); was at one time
Deputy Judge Advocate Military Justice & Administrative Law,
National Defence Headquarters, 305 Rideau St., Ottawa;
___________on REILLY, J.J., was a
captain with the OJAG in 1985 (source: Canadian
Forces Officer's List (Regular) (Bilingual),
A-AD-224-001/AF-001,
1985-11-20, obtained from DND, Access to
Information and Privacy, file A-2019-00318, 13
February 2020);
RELPH, Hugh S., Major, member of
the OJAG during WW II, see "Maj. Hugh S. Relph
Named Acting O.C. Of U. of O. Corps", The
Evening Citizen, Ottawa, 21 April 1944 at p.
2:
Pressing(and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out
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source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview/....
Image
source:
palmerconference.com/panels/defence-and-security/,
accessed 12 November 2017
Roy Rempel
RENNIE, Richard, former JAG officer, biographical notes:
Richard Rennie
Richard A. Rennie was appointed to the Veterans Review
and Appeal Board in 2012. He joined the Royal Canadian
Navy in 1964
and, after three years, transferred to the Royal
Canadian Air Force. During his 23 years of military
service, Mr. Rennie spent most
of his field-time with 4 Service Battalion, 4 Canadian
Mechanized Brigade Group in Lahr, Germany. He also
served in Comox,
Borden, Ottawa and Victoria. After retiring from the
Judge Advocate General Branch of the Canadian Armed
Forces, Mr. Rennie
was Assistant to the Dean in the Faculty of Law at the
University of Victoria. As well, Mr. Rennie lectured in
Law and Ethics at
the University for more than 20 years.
Mr. Rennie obtained a Bachelor of Commerce from the
University of British Columbia, a Master of Public
Administration from
Carleton University, and a Bachelor of Laws from the
University of Victoria.
___________on RENNIE, Richard, was Major R.A. Rennie, defence
counsel in R. v. Schick 1986 CM 15, Disciplinary Court
Martial, Esquimalt, British Columbia, 6 February 1986, source
of information: MADSEN, C.M.V. (Chris Mark Vedel), Military law and operations, Aurora (Ontario): Canada
Law Book, c2008-, vol. 3, at p. APP2:
1986-4;
___________on RENNIE, Richard, note by François Lareau: If I
recall correctly, Mr. Rennie worked at the JAG, Directorate of Law Claims, at NDHQ, while I was its Director in
late 1982 and early 1983;
___________ on RENNIE,
Richard, note by François Lareau: was
a captain with the OJAG in 1980 (source: Canadian
Forces Officer's List (Regular),
A-AD-224-001/CFP/PFC 224), 31 December 1980,
obtained from DND, Access to Information and
Privacy, file A-2019-00318, 13 February 2020);
___________on
RENNIE, Richard, see photo, hereunder, as a
running candidate for Esquimalt council in British
Columbia, from Times Colonist,
Sunday, 10 November 1996 at p. A4; available at
https://www.newspapers.com/ (accessed 15 May 2020);
___________on
RENNIE, Richard, see his dissent in 100002102207
(Re), 2016 CanLII 33296 (CA VRAB), <http://canlii.ca/t/grzj5>,
accessed 15 September 2020;
"Report on the Expert Meeting on Human Rights and the
Administration of Justice by Military Tribunals, held in Brasilia,
27 to 29 November 2009", 36 p., available at http://www.law.yale.edu/The_Brasilia_Report.pdf
(accessed on 17 June 2012); Lt. Colonel Michael Richard Gibson was
a participant;
The Reserve
Force is a vital component of the Canadian
Armed Forces. This group consists
of officers and non-commissioned members who enrolled for
service other than continuing,
full-time military service. The Reserve Force has four
sub-components: Primary Reserve,
Canadian Rangers, Cadet Organizations Administration and
Training Service and the
Supplementary Reserve. Individuals enrolled through these
components exist as a trained
and valuable force who make important contributions to the
CAF domestically, with their
presence and service during emergencies, in communities,
(administration and training
of the Cadet programs) and abroad as part of international
operations.
The Primary Reserve is largely comprised of
part-time soldiers, sailors, airmen and airwomen who
work in armouries, Reserve units or with Regular
Force units across Canada and overseas. This is the
largest of the sub-components at approximately
27,000 strong.
....
How are members of the Primary Reserve employed?
Members can be employed on three classes of service:
Class “A”
Short periods of service up to a maximum
continuous duration of 12 consecutive calendar
days. The majority of members of the Reserve
Force are employed as Class “A”, normally serving
one evening per week and one weekend per month, who
can apply for occasional higher-level full time work
Class “B”
Periods of service of 13 or more consecutive days.
These are used for temporary full-time periods of
employment, such as for members undertaking
training, instructing at a training establishment,
in support of training activities or for full-time
positions within a unit. The Department of National
Defence and the Canadian Armed Forces employ Class
“B” service Reservists for periods up to 180 days
and more than 180 daysFootnote 1
....
The Primary Reserve Force
Who are members of the Primary Reserve?
The Primary Reserve is made up largely of members who
have other full-time civilian employment or who attend
school, and who dedicate themselves to the military on a
part-time basis.
Members of the Primary Reserve are men and women who
contribute to the defence and security of Canada. They
train to qualify for their selected professions, and
subsequently, to prepare for domestic or international
operations.
Primary Reservists serve in communities across Canada.
Many are situated in large urban centres while others are
located in isolated areas from coast to coast to
coast. Though Reserve units are supported by a
Canadian Armed Forces base or wing, many are not in close
proximity to those establishments or the services that are
provided by them.
The Primary Reserve sub-component consists of the following
six elementsFootnote 3
....
6. the Judge Advocate General Reserve
(approximately 50 legal officers employed on Class “A” and
short term class “B” in various supporting legal roles).
------
footnote 1:
The divide of Class “B” Reserve Service surrounding
180 days is a recurring threshold for benefits to
Class “B” Reservists. The Injured Military
Members Compensation Act expresses the divide as
“more than 180 days” and “180 days or less”.
However, Canadian Armed Forces policies and
regulations are inconsistent. Some refer to more
than 180 days and up to 180 days, without addressing
terms of service of 180 days exactly. Other
policies and regulations are silent on the duration of
period of service when on Class “B”.
Maria
Rey, image source: http://ieeeradarcon13.org/program/lunch-and-learn/,
accessed 11 February 2015
REY, Maria, Civilians
Accompanying the Armed Forces : Issues and Considerations when
Employing Civilians in Support of International Operations,
Canadian
Forces College -- Collège des Forces Canadiennes NSSP 10 -- PESN
10, 29 April 2008; available at http://www.cfc.forces.gc.ca/259/281/280/rey.pdf
(accessed on 8 December 2013);
REYCRAFT, J.M., Captain, legal officer, from Hast. &
P.E.R., 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);
RICHARD, A., Capitaine, avocat, représentants du directeur des
poursuites militaires, dans la cour martiale suivante: Pépin C.
(Sergent), R. c., 2021 CM 3005 (CanLII), <https://canlii.ca/t/jdwnz>;
RICHARD, Adrien-E, avocat, membre du cabinet du JAG pendant la
deuxième guerre mondiale; voir "Au service juridique du C.A.R.C.",
La presse, 28 août 1942 à la p. 16; disponible à http://collections.banq.qc.ca/ark:/52327/2980342
(consulté le 25 juillet 2018);
Pressing (and holding) the Ctrl
key and scrolling
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___________sur RICHARD, Adrien-E, voir l'article: "Juge-avocat
général adjoint du C.A.R.C.", La presse, mardi le 4 août
1942, à la p. 6; disponible à http://collections.banq.qc.ca/ark:/52327/2980281
(consulté le 5 octobre 2018);
Pressing (and holding) the Ctrl
key and scrolling
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web page being viewed
____________sur le chef d'escadrille A. Richard, voir
l'article: "La 3e région d'entrainement aérien possède
maintenant son propre service juridique", La Tribune,
Sherbrooke, mercredi 27 janvier 1943, disponible à http://collections.banq.qc.ca/ark:/52327/3541273
(vérifié le 27 janvier 2019);
___________sur le chef d'escadrille A. Richard, voir
l'article: "Service
juridique de l'aviation", La presse, Montréal, lundi, 25
janvier 1943 à la 17; contient aussi d'autres photos et des
notes biographiques; disponible au permalien http://collections.banq.qc.ca/ark:/52327/2962059,
site consulté le 24 février 202l
___________sur le chef
d'escadrille A. Richard, voir l'article: "Wing Cmdr, Richard Named Law Editor", The
Ottawa Journal, 21 October 1947 at p. 22, available at
https://www.newspapers.com/...., accessed 27 May 2020;
Pressing (and holding) the
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scrolling the wheel of the mouse allows to zoom in or out of the web
page being viewed
___________ Bibliographie, la
guerre et le Québec, disponible à http://www.chf.uqam.ca/
(vérifié le 15 décembre 2011); notes: "Nous tenons à remercier la
Direction Histoire et patrimoine et la Chaire Hector-Fabre
d'histoire du Québec pour leur aide financière dans la réalisation
de ce projet.";
Image
book source: https://www.abebooks.com -- THE
BOOK BROTHERS(CHATHAM,
ON, Canada)
RICHARD, Marcel, "The Role of the Military in Countering
Terrorism" in Brian MacDonald, 1939-, ed., Terror,
Toronto: Canadian Institute of Strategic Studies, 1986, 170 p., at
pp. 113-117, (series; Proceedings; Canadian Institute of Strategic
Studies; Spring 1986), ISBN: 0919769225; title noted in my
research but article not consulted yet (6 January 2012);
Over the past eleven
years, I have served as a legal advisor and as a military
prosecutor in a variety of places.
In addition to postings from coast-to-coast within Canada,
and work in the United States, Jamaica, and in Europe,
I have deployed on military operations in Croatia,
Afghanistan, and Jerusalem/West Bank. I also served
as a legal
advisor during the Olympic security operation for the
Vancouver 2010 games.
I left the Regular
Force in 2015 to join BC’s Criminal Justice Branch as a
Crown prosecutor. I worked as a
Crown in Cranbrook, BC, and am currently working in
Special Prosecutions, where I primarily prosecute
gang and other organised crime-related offences. I
continue to serve in the military reserve as the Deputy
Director of Military Prosecutions (Reserve). I am also
chief driver of two current Brentwood day students.
Steve Richards
____________Richards, Steve, since 2017 employed as Crown Counsel at
BC Prosecution ServiceVancouver, see https://ca.linkedin.com/in/steve-richards-668b3b7a
(accessed 27 September 2018); he appeared as c-counsel for the The
Director of Military Prosecutions in Ryan B. (Lieutenant (Navy)), R.
v., 2018 CM 2017 (CanLII), <http://canlii.ca/t/hsql2>,
(accessed 27 September 2018);
This thesis examines important aspects of Canada
and Britain’s participation in the Korean War of 1950-53 and
the Afghanistan
Conflict of 2001-present with a view to better understanding
how international law influenced this participation, and
whether key
leaders and officials understood said law as a binding and
distinct phenomenon. It draws on constructivist
International Relations
(IR) theory and “interactional” International Law (IL)
theory, and employs a method of historical reconstruction
and process tracing.
I argue that, contrary to what realism might predict,
international law helped define and shape each state’s
possible course of action
in the wars, and the justifications that could be made for
their behaviour. More specifically, Canada and Britain’s
involvement in the
conflicts suggests that, when states use force,
international law can play four broad roles: 1) it helps
constitute the identities of the
actors at issue; 2) it helps regulate the political and
military practice of the actors at issue; 3) it permits and
legitimates certain political
and military practices that otherwise might not be
permitted; and 4) it helps structure the process by which
agents seek to develop
and promote new legal rules and legitimate practice.
However, I also contend that, contrary to what IL scholars
might predict, the
discourse and actions of Canadian and British leaders and
officials during the Korean War and Afghanistan Conflict
offer mixed
support for the hypothesis that, when states use force,
policy-makers understand international law as a binding and
distinct set of
legal rules, and the legal status of these rules impacts
their decision-making. In sum, my findings suggest that
international law can
play important roles in world politics and the use of force
by states, but it is unclear whether these effects are
attributable to an
obligatory quality in law.
(source: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.618545,
accessed 14 December 2015).
Image
source: cbc.ca/news/canada/british-columbia/mounties-involved-in-airport-taser-death-to-appear-at-inquiry-rcmp-1.765911,
accessed 12 November 2017
Wayne Rideout
RIDEOUT, Wayne, Superintendent, "Assistance to the Department of
National Defence The Canadian Forces Provost Marshall -- Canadian
Forces Detainees in Afghanistan", RCMP Document, 29 June 2007,
document number B-17, receipt date: 9/7/07; Military
Police Complaints Commission, 9 July 2007, vol. Operations, File
number: 2007-006, document number: 13987; available at http://www.afghanistan.gc.ca/canada-afghanistan/assets/pdfs/docs/362/poa_391.pdf
(accessed on 28 December 2011);
RIDLINGTON, Roy James, former JAG officer, biographical notes:
Roy Ridlington served for more than two decades
with the Canadian Army and the Canadian Forces in the role
of Military Recruiter,
Transport Officer and Military Lawyer. He received his law
degree from the University of New Brunswick in 1977, and is
a member
of both the Law Society of Prince Edward Island and the Law
Society of New Brunswick. From 1977 to 1983, he served as
Deputy
Judge Advocate at CFB Gagetown and then at CFB Halifax. In
1983, he was appointed Assistant Area Advocate with the
Bureau
of Pensions Advocates at Veterans Affairs Canada. In 1985,
he was promoted to Area Advocate, a position he held until
1999. From
1999 until his retirement in 2009, he was a Legal Advisor
for both the Department of Veterans Affairs’ benefits
adjudicators and, most
recently, the Veterans Review and Appeal Board. He also
served on the Board of Directors of the Professional
Institute of the Public
Service of Canada, a major federal government employees’
union. Roy Ridlington lives in Summerside, PE.
[source: http://www.policecommissioner.pe.ca/index.php3?number=news&dept=&newsnumber=6653&lang=E,
accessed 28 December 2015]
___________on RIDLINGTON, Major Roy, see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa
: Office of the Judge Advocate General, c2002, at p. 213,
available at 103-242;
___________on RIDLINGTON, Major Roy, as a prosecutor at a court
martial, see: "Peers give commander black mark", The Globe and
Mail, 23 July 1981, at p. 8;
Pressing (and holding) the Ctrl
key and scrolling
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web page being viewed
ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca,
accessed 29 September 2018
Roy Ridlington
__________photo of Roy RIDLINGTON, 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, 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;
Image
source: https://www.smashwords.com/profile/view/wolfriedel,
accessed 15 February 2017
First of all has anyone ever read these reports?
Notwithstanding that they are statutorily mandated (and yes
I do know what that means
and what should happen) very few people look at these
things. They mostly get a superficial review to see if there
is anything exciting
in them (which there never is) and then get shelved.
Again if you read these things you will see that about 80%
of them is boilerplate stuff that one can mostly cut and
paste from the previous
years review. The remaining 20% is justice system
statistics. These are very manpower intensive in collecting.
The court martial ones aren't
too difficult but the summary trial ones are very hard to
get from the units notwithstanding that there is a mandate
that they send them
to their AJAGs in a timely manner.
When I worked in Ottawa from 2006 to 2009 on the JAG's
Comprehensive Information Management System one of my
mandates was to
produce a system that automated the gathering of mil justice
statistics. Unfortunately by the time that I left the
project due to CRA, the
system was not completed and in fact the contract for the
key component that would allow gathering statistics (the
case management
system) fell through (after two years in the tendering
system) and it didn't look like the contract could be
revived within the projects lifetime.
My successor was left in the unfortunate situation of having
to see what (if anything) could be done to create a case
management system
out of the toolsets which we had obtained for both the
Records and Knowledge Management Systems.
I don't want to be seen as making excuses here but over the
last two decades the demand for legal services from the
field (which includes
JAG's clients in Ottawa) has expanded tremendously and while
the legal branch had grown, demand for services outstrips
the resources
available. There is, IMHO, a significant shortfall in
support staff, within the office of the JAG (Civilian
lawyers generally work on a one
lawyer to one support staff ratio while within JAG the
ratio is frequently 5 or 6 legal officers per support staff)
The result is that legal
officers spend valuable hours doing necessary clerical which
takes away from their providing legal advice. When a General
or the
Minister calls a legal officer he wants a legal opinion RFN,
not some time down the road. As a result the entire office
works on priorities
which often requires that tasks of a lesser priority
get set aside.
Please remember that the CoC understands this, has been told
about the delays and accepts the situation. This news
article didn't arise
because the Minister or the CDS said "Hey where's our
report?". This article comes as a result of the usual gang
of critics who make it
their mission in life to make a fuss over things which
(again notwithstanding their statutory necessity) have
really very little importance
in the real world.
One further comment; the Office of the JAG does not sit in
judgement of others - that's the role of the Office of the
Chief Military Judge
who does not belong to JAG, DMP or DDCS.
One last comment; I know Blaise Cathcart personally. He's
earned his promotion.
___________lawyer, member of the OJAG; appeared as a LCol for the
respondent Her Majesty the Queen in the case of R. v. Jones,
1996 CanLII 12044 (CMAC), <http://canlii.ca/t/ggpqb> (accessed 10 May 2018);
___________on Wolfgang W. Reidel, an author of several books, see:
Colonel (ret’d) Wolfgang W. Riedel, OMM, CD, QC has
served for forty-four years
in the ranks and as an artillery, infantry and legal
officer in the Regular Force and
the Reserve Force. As Deputy Judge Advocate General –
Reserves he was Canada’s
Senior Reserve Force Legal Officer and was a member of the
Chief of Reserves and
Cadets Council. [source: https://sites.google.com/view/wolfriedel,
accessed 10 December 2020]
Image
source: www.nationalnewswatch.com/2014/08/27/top-military-purchases-official-to-leave-as-tories-prep-for-2015-election-2/#.WXRiNVGQyUk,
accessed 23 July 2017
Tom Ring
RING, Thomas J., Civil-Military
Relations in Canada: A 'Cluster Theory' Explanation ,
thesis submitted to the Division of Graduate Studies of the Royal
Military College of Canada in partial fulfillment of the
requirements for the Degree of Master of Arts in War
Studies, April 2009, x, 145 leaves; available at http://www.collectionscanada.gc.ca/obj/thesescanada/vol2/002/MR53135.PDF
(accessed on 13 March 2012);
Legal Officers LCdr Antoine Lippé (right)
and Capt Ève Rioux (left) were in
Charlevoix for the G7 Summit [June 2018] supporting @CanadianForces
troops deployed on #OpCADENCE in
support of law enforcement agencies. They are seen here with
CWO Dugal, 3 #R22eR
Regimental Sergeant Major." (accessed 15 June 2018)
RIOUX, E.L.R. (Ève), capitaine, membre de l'étude du JAG et
travaillant pour le Directeur des poursuites dans Obele Ngoudni F.
(Caporal-chef), R. c., 2017 CM 4019 (CanLII), <http://canlii.ca/t/hqf4p>
(consulté le 8 mai 2018); membre du Barreau du Québec (2008);
Members of AJAG Eastern participated in a
mini-triathlon at Montreal Garrison yesterday.
As their colleagues cheered them on, Maj
Ève Rioux and Capt Manuela Islam, here with
PSP instructor Vincenzo Varricchio, rowed, biked, and ran to
the finish line! https://twitter.com/JAGCAF/status/1228390960666685443/photo/1
acccessed 17 February 2020.
Clive Rippon, 2nd row, second from the right, image from McDONALD,
R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
supra, at p. 93.
RIPPON, Clive L. (Clive Langley), 1921-2008, The legal status of military air
transport, LL.M. McGill University, 1957, xvi, 224, [66]
leaves (series; McGill University Institute of Air and Space Law);
RIPPON, Clive Langley It is with great sadness that
we announce the passing of Lt. Col. (retd) Clive L. Rippon,
DFC, CD3 on March 4, 2008,
in Victoria, British Columbia. Born on April 7, 1921, in
Coventry, England, Clive attended Coventry Preparatory School
and Rugby School,
OTC. In 1939 he enlisted in the RAF, and trained as an Air
Observer, Navigator, Bomb Aimer, and joined 23(F) Sqdn.,
flying night intruder
operations over Europe. In 1943 he was awarded the
Distinguished Flying Cross and in that year was posted to
Calgary, Alberta, for Pilot
training and operation rest. He met and on February 25, 1944,
married Marion E. Simpson of Drumheller, Alberta. In March
1944, he
returned to the UK. He was posted to 116 Squadron operating in
France on D Day and on to Arnhem in support of ground forces.
In
1945 he was posted to 575(T) squadron flying DC3s out of Bari,
Italy. In 1946 he was posted to 216(T) squadron based at
Almaza,
Egypt, flying freight and passengers to the UK, West Africa,
Nairobi, Kenya, Karachi, India, the Middle East and
Mediterranean
destinations. In 1948 he immigrated to Canada and transferred
from the RAF to the RCAF. He attended Dalhousie Law School in
Halifax, Nova Scotia, graduating with an LLB in 1952. He
joined the Office of the Judge Advocate General in Ottawa,
Ontario. He
obtained his LLM from McGill University, in Montreal. Between
1958-1962 he served as Deputy Judge Advocate in Metz, France
and Soest, Germany. Upon return to Canada, he was posted to
Halifax, St. Hubert, Ottawa, and finally as AJAG and Military
Judge in
Victoria, sitting as Judge at different courts martial in
Canada, Europe, Cyprus, Malta, and the UK. In the seventies,
he transferred from
CF Regular to Reserve Force for call out duties, spent one
year in private practice, and was appointed Counsel to the
British Columbia
Royal Commission on Electoral Reform, and Chairman of the
Federal Penitentiary Disciplinary Courts. In 1981 he retired
after serving
43 years in the military and 20 years with the penitentiary
service. Clive was predeceased by his parents, Col. The
Reverend William
Rippon and Malvina. He is survived by his wife, Marion;
daughter, Michelle Rippon, an attorney in Asheville, North
Carolina (Larry Farr);
sons, David Rippon (Daphne), Novato, California, and Dr. Tom
Rippon (Judy), Victoria; sisters, Rosemary Rippon, Halifax,
and Patricia
Lyell, Bath, England; grandson, Patrick, California;
granddaughter, Victoria Miller (Cam), Mankato, Minnesota;
great-grandchildren, Rose
and Jacob Miller; nephew, Robert Lyell, France; and niece,
Susie Bancroft (Andy), Bath. A memorial service will be held
at St. John the
Divine Anglican Church, 1611 Quadra Street, Victoria, on
Friday, April 11, 2008 at 2:00 pm. In lieu of flowers,
donations are gratefully
accepted to the BCSPCA or the BC Heart and Stroke Foundation.
He will always be our hero. 450929. [By
Times Colonist (Victoria)
March 11, 2008; available at:
http://www.canada.com/story_print.html?id=e43e489c-4672-4fa6-a54a-cba37570d423&sponsor=,
accessed
27 December 2015; see also http://www.legacy.com/obituaries/timescolonist/obituary.aspx?n=Clive-Langley-Rippon&pid=105325241,
accessed 13 February 2016]
___________on RIPPON, Lieutenant-Colonel Clive L., see McDONALD,
R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at p. 211,
available at 103-242;
___________photo of RIPPON, Clive L. (Clive Langley), 1921-2008,
see "Pacific Maritime Forces'", Times Columnist, Victoria,
British Columbia, Monday, 21 April 1969 at p. 3; available at
https://www.newspapers.com/image/...., accessed 27 June 2020;
___________former AJAG member; member of the Law Society of
Alberta since 1983, employed at the Bureau of Pensions
Advocates, Suite 940, Canada Place 9700 Jasper Avenue NW,
Edmonton, tel. 780-495-3750 as of 8 August 2018;
Image
source: Google
Image, accessed on 21 May
2014http://www.bagbooks.com/?page=shop/flypage&product_id=19034
RITCHIE, Andrew R., Watchdog:
A History of the Canadian Provost Corps, Burlington
(Ontario): Canadian Provost Corps Association, 1995, xiii, 334 p.,
ISBN: 0969964706; title noted in my research
but book not consulted yet (15 December 2011);
Image source:
graduations.lib.unb.ca/degree/16563, accessed 12 April 2018 Honorary
Degree Photo: L to R: Colin B. Mackay, Louis McCoskery
Ritchie, C.L. MahanSource:
UA PC-4 no.12(55); Photo by Harvey Studios;
SAINT JOHN
(CP) -- Louis McCoskery Ritchie, a retired judge,
has died here at 87. Ritchie, who served in the
First World
War with the 26th Battalion and the Royal Flying
Corps, was admitted to the bar in 1920. During
the Second
World War he served as an assistant judge advocate
general. He was named to the Exchequer Court
of
Canada (now the Federal Court) in 1955 and was
appointed to the New Brunswick Court of Appeal
in 1956.
___________sur le major L.M. Ritchie, note de
recherche : "Le major L.-M. Ritchie de Saint-Jean, Nouveau
Brunswick est nommé juge avocat général adjoint du district
militaire No. 7", voir le court article "M. Thomas Dann
lieut.-colonel", La Presse, Montréal, 18 mars 1941, à la
p. 10 et disponible à http://collections.banq.qc.ca/ark:/52327/2979034
(site consulté le 12 avril 2020);
Source:
http://www.scc-csc.ca/court-cour/judges-juges/image-eng.aspx?id=roland-almon-ritchie,
accessed 16 August 2016
Roland Almon Ritchie,
Credit: Al Blair, photographer
National Film Board - Library and Archives Canada Collection
(1990-295, # PC23C)
RITCHIE, The
Honourable Roland Almon, biographical notes,
The Honourable Roland Almon Ritchie
Roland Almon Ritchie was born in Halifax,
Nova Scotia, on June 19, 1910. He was the son of William
Bruce Almon Ritchie and
Lillian Stewart. After graduating from the University of
King's College with a B.A. in 1930, he went to Oxford
University, where
he earned a further B.A. in 1932. He returned to Halifax
and was called to the bar in 1934. He practised law for
a few years with
Stewart, Smith, MacKeen & Rogers, then enlisted in
the armed forces and went overseas during the Second
World War. From
1941 to 1944, he served as Assistant Deputy Judge
Advocate with the Third Canadian Division.
Upon his
return to Canada, he resumed his practice in Halifax and
helped found the law firm of Daley, Phinney &
Ritchie. He also
lectured on insurance law at Dalhousie University for 12
years and acted as counsel to the royal commission on
the terms of
Newfoundland's union with Canada in 1949. On May 5,
1959, he was appointed to the Supreme Court of Canada.
He served
on the Court for 25 years, retiring on October 31, 1984.
Justice Ritchie died on June 5, 1988, at the age of 77.
(source:
http://www.scc-csc.ca/court-cour/judges-juges/bio-eng.aspx?id=roland-almon-ritchie,
accessed 16 August 2016)
___________on RITCHIE, The Honourable Mr. Justice Roland Almon,
see "N.S. Lawyer Named to Supreme Court", The Globe and Mail,
9 May 1959 at p. 9;
Mr. Ritchie whose post pays $22,500 a year, is a wounded
veteran of the Second World War
who dropped his appointment in England as a divisional
judge advocate-general to rejoin
his anti-aircraft unit for the Normandy fighting. He
was retired with the rank of captain.
___________on RITCHIE, The Honourable Mr. Justice Roland Almon,
see McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's
Military Lawyers, Ottawa : Office of the Judge Advocate
General, c2002, at pages 49, 119 and 208, available at i-xii and 1-102
and
103-242;
------ Source: commonlaw.uottawa.ca/en/people/rikhof-joseph,
accessed 27 September 2018
Joseph Rikhof
11027 Brigadier-General Ken Watkin,
O.M.M., C.D., Q.C.(RMC 1976)
.....
RMC graduates are well
represented within the Judge Advocate General
branch. The following Ex-Cadets are currently
serving as JAG officers throughout the CF – our apologies
if we missed anyone:
20103 Maj E. Charland;
15788 LCol M. Gendron; 14435 LCol M. Gibson;10953 Maj R.
Henderson;
17344 Maj R. Holman;12188 LCdr G. Killaby; 19210 Maj A.
Koskie;15519 LCdr Sandra MacLeod;
16004 Maj T. McLeod; M0729; LCdr M. Paillé; 20514
Maj K. Reichert; 16141 Maj J. Simpson;
19413 Maj C. Smith; 16149 Maj R. Stoney; 17395 Maj A.
Tamburro; and 18278 LCdr B. Walden
ROACH, A.J., Captain, had LL.B. degree, lawyer and legal officer
with the JAG, circa 1948-1952; got this information from the Canadian
Army List of that period; mentionned briefly by
McDonald, R. Arthur, 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, x, 242 p. at
p. 81,see PDF page at pp. i-xii and
1-102;
___________"Editorial: Calling Out the Troops", (2003) 48(2) The
Criminal
Law Quarterly 141-143; note: this editorial is signed "K.R."
and Kent W. Roach is the Managing Editor; available at http://www.law.utoronto.ca/documents/Roach/_48CLQ1.pdf
(accessed on 7 March 2012);
___________"The law working itself pure? The Canadian experience
with exceptional courts and Guantánamo" in Fionnuala Ni Aoláin and
Oren Gross, eds., Guantanamo and Beyond
Exceptional Courts and Military Commissions in Comparative
Perspective, New York, NY : Cambridge University
Press, 2013, xxii, 385 pages ; 24 cm, ISBN:
9781107009219 (hardback); 1107009219 (hardback); 9781107401686
(pbk.); 1107401682 (pbk.);
___________"Police Independence, The Military Police and Bill
C-41", University of Toronto, 14 January 2011, available at http://www.mpcc-cppm.gc.ca/alt_format/1100/1102-eng.pdf
(accessed on 3 June 2011); FRANÇAIS : ___________"L'indépendance de la police, la police militaire
et le projet de loi C-41", traduction vérifiée par la Commission
et non par l'auteur, Université de Toronto, 14 janvier 2011, 36
p., disponible à http://www.mpcc-cppm.gc.ca/alt_format/1100/1102-fra.pdf
(vérifié le 3 juin 2011);
Richard L.
Roach was raised in Aroostook, N.B. He graduated from
Southern Victoria High
School in Perth-Andover, N.B.,
with honours in 1972. He attended St. Thomas University,
graduating in 1976 with a bachelor of
arts. He then attended the faculty of law at the
University of New Brunswick and
received a bachelor of laws in 1978. He was admitted
to the New Brunswick Bar
in June 1978. He practised as an associate lawyer with
the firm
of McKee, Calabrese and
Whitehead in Oromocto and Fredericton, N.B., from 1978
to 1980.
In 1981, he formed a partnership
with Ronald Morris, which continued until 2001, when he
opened his own firm, Richard
L. Roach Law Office, in Oromocto.Since then, Mr. Roach has
practised extensively in real property law, family law,
wills and estates and criminal
law. He
has provided numerous pre-retirement seminars at 5th
Canadian Division Support Base
Gagetown for military and civilian personnel. Mr. Roach
also served as a legal adviser for
the Canadian
Armed Forces Office of the Judge Advocate General (Reserve) from
1989 to
2005.In addition to
his professional life, he has been a member of numerous
community
organizations, including the
Oromocto Rotary Club (charter member), Oromocto Training
and Employment Centre Inc.,
Oromocto Public Hospital Foundation Inc. and Oromocto
and
Area Basketball Association Inc. He is currently serving as a
volunteer for the Burton, N.B.,
chapter of Ducks Unlimited.He
is married to Sandra Jessop-Roach, who is a CPA employed
by the Government of New Brunswick. They have two children
Image source:
ca.linkedin.com/in/anthony-robb-43597759,
accessed 12 November 2017
Anthony Robb
ROBB, Anthony, "An Unfortunately Popular Aversion to Truthful
Feedback within the CAF", (Autumn 2015) 15(4) Canadian Military
Journal 49-54; available at http://www.journal.forces.gc.ca/vol15/no4/pdf/CMJ154E.pdf
(accessed 30 October 2015);
FRANÇAIS : ROBB, Anthony, "Une malheureuse aversion généralisée à
l'égard de la rétroaction sincère dans les Forces armées
canadiennes" (automne 2015) 15(4) Revue militaire canadienne
48-54; disponible à http://www.journal.forces.gc.ca/vol15/no4/pdf/CMJ154F.pdf
(vérifié 30 octobre 2015);
___________Major (rank), Discipline Breakdown: Confronting
and Addressing the Erosion of Discipline in the Army,
JCSP 44, Master of Defence Studies, 2017-2018, iii, 74 p.;
available at https://www.cfc.forces.gc.ca/259/290/405/286/robb.pdf
(accessed 16 October 2018);
Canadian Military Journal
Me Andrée-Ann Robert
ROBERT, Andrée-Ann, avocate, membre du Barreau du Québec et
Lieutenant de vaisseau, "Nouveaux diplômés partageant leur
expérience d’études payées", date de modification :
.
Source
de l'image: voir.ca/veronique-robert/
(vérifié le 12 novembre 2017)
Véronique Robert
ROBERT, Véronique, "Le viol de Caporale V...", 6 mars 2013,
disponible à http://voir.ca/veronique-robert/2013/03/06/le-viol-de-caporale-v/
(vérifié le 31 juillet 2015);
Valérie*
est militaire. Le 15 décembre 2011, elle a été
agressée sexuellement. Dans un manège militaire.
Par son adjudant.
[...]
Me Robert, s’il y a une chose qui n’effrait pas les
procureurs militaire, c’est d’obtenir une condamnation en
Cour martiale.
Toutefois, ils sont d’une grande prudence avant de porter
des accusations, ayant des standards très élevés en ce qui a
trait
à la probabilité d’obtenir une condamnation. On exige d’eux
presqu’une certitude d’obtenir une condamnation avant de
porter des accusation. Je vous invite à regarder le
taux de condamnation en Cour martiale pour vous en
convaincre… près
de 95% des procès en Cour martiale se soldent par des
verdicts de culpabilité. Souvent, on reproche justement à la
justice
militaire d’obtenir trop de condamnation en terme de
pourcentage…
[...]
ROBERTS, C.H., Major, 1st Canadian Headquarters Staff, is the
Judge-Advocate in the general court martial of Lieutenant Henry N.
Aldous, 1st Canadian Divisional Ammunition Column, tried at Mont
St. Eloi, France on 15 May 1917on a drunkenness charge, commented
upon in Hémond, Marc-André, Military law, courts martial and the Canadian
Expeditionary Force, 1914-1918, Thesis
(M.A.)--University of Manitoba, 2008, iii, 94 leaves at pages
72-73, advisor: DeLloyd
J.
Guth; available at http://mspace.lib.umanitoba.ca/jspui/handle/1993/21177
(accessed 19 June 2015); also available at http://www.collectionscanada.gc.ca/obj/thesescanada/vol2/002/MR50543.PDF
(accessed 22 June 2017);
ROBERTS, Leslie, There Shall Be Wings: A History of the Royal
Canadian Air Force, Toronto: Clarke, Irwin and Co., 1959;
Image
source:
resolution.institute/chapters-groups/wa-chapter-resources/restorative-engagement-a-new-approach,
accessed 12 November 2017
Len Roberts-Smith
ROBERTS-SMITH, L. (Len), "A Nettle Grasped Lightly: The
Introduction of the Australian Military Court. Address to
the 2007 Judicial Conference, Washington DC 17 May 2007 U.S. Court
of Appeals for the Armed Forces by Major General The Hon Justice
L. Roberts‑Smith, Judge Advocate General – Australian Defence
Force", (2007) 174 Australian Defence Force Journal 53-70;
available at http://www.adfjournal.adc.edu.au/UserFiles/issues/174%202005%20Sep_Oct.pdf
(accessed on 28 February 2014); also available at http://www.defence.gov.au/JAG/20070523_AMCPaperJAG.pdf
(accessed 12 November 2017);
___________Letter to The Secretary, Senate Foreign Affairs Defence
and Trade References Committee of Australia on "Submission
Relating to the Committee's Inquiry into the Effectiveness of
Australia's Military Justice System", 2014; available at http://www.defence.gov.au/oscdf/jag/papers/20040216_emjs_jagsubmission.pdf
(accessed on 1 may 2014); deals extensively with Canadian military
law;
ROBERTSON, Struan Gordon, Lieutenant-Colonel, 1868-1928, see the
following :
Under Canada’s constitution as it then existed, the
‘Dominion’ as a limitedly self-governing
unit of the British Empire went to war when Great Britain
declared war on Germany on August 4,
1914. Given Nova Scotia’s long history as an imperial
military establishment, it was to be expected
that the learned professions would respond positively to
Canada’s Great War.
Though the relevance of the contributions that could be made
by ministers of religion, doctors,
dentists and engineers was obvious, lawyers on active
service had little or no opportunity to practise
law. Unlike Dalhousie University’s medical school, neither
the Nova Scotia Bar nor Dalhousie Law
School was in a position to raise a unit of its own. The
explanation, at least in part, is that doctors
and medical students enlisted to practise medicine; lawyers
enlisted not to practise law but to fight,
and in order to do so had to be physically fit and of
military age.
There was no need and therefore no opportunity for a
‘Canadian Army Legal Corps’ such as existed
for doctors and dentists. But if lawyers could rarely if
ever offer their professional services to King
and Country, they did everything else, the older or less fit
among them serving on home defence,
the younger and fitter going on active service overseas.
....
The formation of a Nova Scotia regiment
(17th Battalion) had been authorized on the express
wish of Prime Minister Robert Borden days after
war broke out. Presented their colours by no less a
personage
than Lady Borden, the battalion went overseas with the
1st Canadian Contingent in September 1914. The
honour of commanding the Nova Scotia volunteers fell to a
Westville lawyer, Struan Gordon Robertson (1868-1928), an immigrant Scot called to the Bar
in 1894. Among the recruits was a young lawyer, Alistair
Fraser, son of a late former lieutenant
governor of the province and a future lieutenant governor
himself.
For reasons that were not fully explained at the time and
remain unclear to this day, during the four months
following its arrival in England the battalion was
maltreated.
The ensuing scandal became a political embarrassment for
Sir Robert Borden, whom Liberals understandably
suspected of installing political friends among the
battalion’s senior officers. The damage done in what was
expected to be an election year had to be quickly
controlled – and it was. In January 1915,
Lieutenant-Colonel
Robertson, the chosen scapegoat, having refused to resign
when asked to, was cashiered and the Nova Scotia
regiment reduced to reserve status. As a quid pro quo,
Robertson was made legal adviser to the Canadian
Expeditionary Force, ultimately becoming head of the army
estates branch of the pay and records office at
CEF headquarters in London. Unlike J. L. Ralston, not all
lawyer-soldiers were prepared for or effective in
positions of senior command, and Robertson may have been
one such. In retrospect, he appears to have been
a capable staff officer but not well equipped to command
an infantry battalion in training for the front.
___________on LCol S.G. Robertson, see Barrett, Matthew,
"Lieutenant Colonel S. G. Robertson 17th (Nova Scotia Highlanders)
Battalion", The Partisan, 30 January 2015, available
at https://matthewkbarrett.com/2015/01/30/the-partisan/#more-1270
(accessed 4 May 2019);
Struan Gordon Robertson was a Nova
Scotia barrister and militia major. Born on 13 September
1868
in Bothwell, Scotland, he was a Conservative party
activist and a candidate for the riding of Pictou.
When the First Contingent of the Canadian Expeditionary
Forces organized at Valcartier in August 1914,
Robertson assumed command of the 17th Battalion.
....
To the opposition party, the allegation that the Militia
Minister had called Robertson and his officers
“cowards,” was even more troubling. At best, the comment
was unseemly; at worst it was a fireable
offense. Hughes admitted to using “strong language” but
avoided an outright denial. Attempting to
calm the debate, Wilfrid Laurier injected, “My hon. friend
can lose his temper, and I think that is
what has happened to him.”
ROCHE, Major, legal officer in 1941, see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa
: Office of the Judge Advocate General, c2002, at p. 49, available
at i-xii and
1-102;
___________Colonel John Redmond Roche:
Member of the Order of Canada
Awarded on: June 20, 1983
Invested on: October 05, 1983
Lawyer, soldier, Member of the National Assembly and justice
for the Montreal Court of Sessions
who made a name for himself as national president of the
Royal Canadian Legion and Chancellor
of the Most Venerable Order of St. John of Jerusalem. He
continues to be actively involved in
veterans' causes.
Né à Ottawa, le 18 juin 1907, fils de Henry George Roche,
directeur des poids et mesures au
ministère de l'Intérieur à Ottawa, et d'Ève DeMontigny
Gingras.
Étudia au Collège Bourget, à Rigaud, et à l'Université de
Montréal. Admis au Barreau du Québec
le 27 septembre 1930. Fit aussi des études militaires à
Montréal de 1930 à 1936. Diplômé de l'École
des officiers supérieurs en novembre 1941. Créé conseil en
loi du roi le 24 mars 1945.
Pratiqua le droit à Montréal jusqu'en 1956. Fit également
une carrière militaire et fut d'abord lieutenant
en 1930, puis lieutenant-colonel 1938 dans le Corps
d'entraînement des officiers canadiens de l'Université
de Montréal. Mobilisé dans l'armée active en septembre
1939, fut par la suite nommé à l'état-major comme
sous-assistant de l'adjudant-général. Partit pour
l'Angleterre en décembre 1939 et fut commandant de la
section canadienne au grand état-major. Nommé
lieutenant-colonel et commandant du régiment de
Maisonneuve en décembre 1941. Promu colonel en octobre
1942, puis nommé à l'état-major général.
Démobilisé en avril 1946.
Secrétaire-trésorier de la Municipalité de la paroisse
Saint-Joseph-de-Chambly de 1926 à 1936. Échevin
de Chambly de 1931 à 1933 et de 1935 à 1937. Commissaire
d'école dans cette municipalité de 1934 à
1939. Élu député de l'Union nationale dans Chambly en
1948. Réélu en 1952. Adjoint parlementaire au
ministre des Finances du 1er janvier 1955 au
20 juin 1956. Défait en 1956.
Juge à la Cour des sessions de la paix à Montréal du 4
juillet 1956 jusqu'en juin 1977, date à laquelle
il devint juge suppléant pour une période de un an. Membre
de la Commission nationale de libération
conditionnelle en 1978 et en 1979.
Récipiendaire de la décoration de l'Efficacité et de
plusieurs décorations militaires. Président du comité
provincial des fonds de bienfaisance des Forces armées à
partir de 1948. Officier de l'Ordre de
l'Empire britannique. Président national de la Légion
royale canadienne de 1970 à 1972. Chancelier de
l'Ordre de Saint-Jean-de-Jérusalem de 1972 à 1975.
Chevalier de l'Ordre Souverain Militaire de Malte.
Appelé au Barreau d'Angleterre à Lincoln's Inn en 1941.
Président de la Société d'archéologie et de
numismatique de Montréal de 1974 à 1977. Président
national du Lost Post Fund à compter de 1980.
Directeur de la Rehabilitation Society for Crippled
Children, de la Canadian Paraplegics et des Concerts
symphoniques de Montréal. Commissaire et vice-président du
Bureau des commissaires du Greater
Montreal Poppy Fund. Membre de la Société royale des arts
de Londres, de la Society of Lincoln's Inn
de Londres, du Club Saint-Denis et du Cercle universitaire
de Montréal.
Décédé à Montréal, le 2 février 2005, à l'âge de 97 ans
et 8 mois.
Avait épousé à Montréal, le 17 octobre 1934, Alice
Brunelle, fille d'Herménégilde Brunelle, industriel, et
d'Eugénie Bernier.
SASKATOON – Jay Jorgensen feels
he’s been betrayed by the Department of National Defence
after finding
out his estimated pension amount was nearly half what he
expected it to be.
... And that’s why, when given the
option to cash half of his veteran’s pension, he took
it, comfortable with the
amount that was estimated to him.
...
Both vets have spent hours on the phone trying to get
answers. Both have been told the shocking drops are due to
market
fluctuations.
Osler, Hoskin & Harcourt LLP Lawyer Jana Steele deals
with pensions on a daily basis. She said such a drop is
unusual.
“In our experience, in a short period of time after the
estimate, there usually would not be a significant
fluctuation generally
speaking, but subject to any other actuarial
considerations that may be at play here.”
Global News reached out to the Department of National
Defence, and after several days and dozens of emails back
and forth,
by late Tuesday afternoon, the department had this
to say:
“We will continue to do our due diligence and investigate
this matter internally to ensure the members are provided
the
support they require.”
The veterans plan to continue fighting the government for
answers, so future service members don’t face the same
losses.
Image
source: https://ca.linkedin.com/in/dave-rogalsky-39678a22, accessed
21 August 2016
Dave Rogalsky, pastor
PeaceQuest challenges Canada to sign Small Arms
Treaty
KITCHENER, ONT.—A new peace group in Waterloo Region
gathered at Kitchener
City Hall on Jan. 19 to highlight the fact that the Canadian
government has yet to sign
the Small Arms Treaty and to begin a local petition to have
people encourage the gov-
ernment to do so. Roger Albrecht of the new PeaceQuest
group, pictured, addressed
the group. As the photo illustrates, the group chose Martin
Luther King Day to begin
its public work. The treaty is an attempt to ensure that
conventional weapons are not
transferred to those who would violate international human
rights or humanitarian
law, engage in acts of genocide or crimes against humanity,
or facilitate terrorist
attacks. Canada is the only NATO country that has refused to
sign it, even though
Canada voted to approve the text of the treaty back in April
2013. By now refusing to
sign it and bring it to Parliament for ratification, some
believe Canada appears to be
backing the only three states that voted against it: North
Korea, Iran and Syria. “That
doesn’t send a good message to the global community about
Canada’s commitment
towards working for peace,” said PeaceQuest coordinator
Emily Mining.
ROGERS, Bill, "Going to War in the Courtroom", (2007) 31(7) Can. Law. 18-19; title noted
in my research on 21 March 2012 but article not consulted yet;
****; 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,
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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
------
Description: Holding the rank of captain
in the CanadianForces Reserve, Toronto
Criminal lawyer Jason
Morische trains soldiers to go overseas to theatres of
war,
such as Afghanistan. As a fourth-year associate at Adler
Bytensky Prutschi,
Morische's uncommon knowledge of weaponry and military
tactics has served him well.
ROGERS, Chris, "Addressing Civilian Harm in Afghanistan :
Policies & Practices of International Forces", CIVIC (Campaign
for Innocent Victims in Conflict), 2010, 15 p., and see Canada at
p. 11; available at http://civiliansinconflict.org/uploads/files/publications/Addressing_civilian_harm_white_paper_2010.pdf
(accessed 20 April 2015); NOTE: "All information from interview
with MAJ Michael McCarthy, Canadian Legal Advisor Kandahar, March
11, 2010, email"
Canada provides ex-gratia
payments for civilian property loss, injury or death
caused by Cana-
dian forces. In the
case of damage to real property, Canadian forces accept
documents attesting
to ownership signed
by local elders. There must also be evidence that Canadian
forces caused
the damage or harm.
Payment will also be made in cases where harm was suffered
during joint
ANA-Canadian
operations and it is unclear which force was responsible.
Full compensation is
not the goal of the ex-gratia payments, though the
Canadian forces claim
they try to
compensate for most of the losses suffered. There are no
standardized amounts, but
there are upper
limits on what forces in the field are authorized to
provide. Factors considered
in cases of personal injury
or loss include family situation and lost earnings.
Canadian forces
also rely on local
monetary values to estimate appropriate amounts on a
case-by-case basis.
Canada has declined to disclose
what the ranges or upper limits on payments are, however,
the Canadian Legal
Advisor in Kandahar is only authorized to approve payments
up to 2,000
CAN (approximately 1,960 USD). Above that amount, approval
from Ottawa is required, which
can take weeks or months. In almost all cases of personal
injury or death, because the amount
claimed is above 2,000 CAN, approval will be delayed by
the need to get approval from Ottawa.
Image
source: uleth.ca/alumni/awards/2005/raymond-romses, accessed 5
March 2018
ROMSES, R.R. (Raymond), Ethics and Non-commissioned Officers:
A Critical Link!, Canadian Forces College, Advanced Military
Studies Course 1, 30 November 2018; available at https://www.cfc.forces.gc.ca/259/260/261/romses2.pdf
(accessed 5 March 2018);
Ethics. For the
purposes of this paper the following definition of
ethics will be used: the study of good and evil,
of right and wrong, of duty and obligation in human
conduct, and of reasoning and choice about them. [p.
3]
ROOB, Anthony, Major, "Discipline Breakdown : Confronting and
Adressing the Erosion of Discipline in the Canadian Army",
Canadian Forces College, JCSP 44, 2017-2018, Master of Defence
Studies, iii, 74 p.; available at https://www.cfc.forces.gc.ca/259/290/405/286/robb.pdf
(accessed 8 January 2019);
Image source: backcover of (2006) 1 JAG
Les actualités -- Newsletter
From the left in Afghanistan: "Maj Bruce Wakeham,
Multi-National
Brigade LegAd; LCol Randy Smith,
Task Force Afghanistan National
Command Element Senior LegAd; and Maj
Rob Rooney Task Force Orion LegAd".
ROSSIGNOL, Michel, 1949-, Parliament, the National Defence Act, and the Decision
to Participate, [Ottawa]: Library of Parliament, Research
Branch, 1992, 23 p. (series; Background Paper; BP-303E); available
at http://publications.gc.ca/Collection-R/LoPBdP/BP/bp303-e.htm
(accessed on 9 January 2012); FRANÇAIS : ROSSIGNOL, Michel, 1949-, Conflits internationaux: Le rôle du Parlement, la Loi sur la défense nationale et la
décision d'envoyer des troupes, Ottawa: Bibliothèque du
Parlement, Service de la recherche, 1992, 23 p., (Collection;
Étude générale; BP-303F), disponible à http://publications.gc.ca/Collection-R/LoPBdP/BP/bp303-f.htm
(vérifié le 9 janvier 2012);
___________ National Defence Act: Reform of the military justice
system, Ottawa: Library of Parliament, Research
Branch (Political and Social Affairs Division), [1996]-, (revised
22 January 1997) 15 p.; 28 cm. (Series; Current issue review;
96-1E), ISSN: 1483-1864, available at http://dsp-psd.tpsgc.gc.ca/Collection-R/LoPBdP/CIR/961-e.htm
(accessed on 9 July 2008); Research Note by François Lareau:
The bibliography at pp. 14-15 lists several newspaper articles; FRANÇAIS : ___________La Loi sur la défense nationale et la réforme de
la justice militaire, Ottawa : Bibliothèque du
Parlement, Service de recherche, [1996]-, (révisé le 22
janvier 1997), 16 p. ; 28 cm. (Collection; Bulletin d'actualité;
96-1F), ISSN: 1483-1910; Note de recherche de
François Lareau: La bibliographie aux pp. 15-16
énumère plusieurs articles de journaux; disponible à http://dsp-psd.tpsgc.gc.ca/Collection-R/LoPBdP/CIR/961-f.htm
(vérifié le 9 juillet 2008); aussi disponible à http://publications.gc.ca/collections/Collection-R/LoPBdP/CIR-f/961-f.pdf
(vérifié le 10 juin 2013);
___________"Ethics, Human Rights, and the Law of Armed Conflict",
Canadian Military Journal,
volume 12, number 1, available at http://www.journal.forces.gc.ca/vol12/no1/06-rouillard-eng.asp
(accessed on 28 February 2012); with the same title in (2011) 8
Miskolc J. Int'l L. 1; FRANÇAIS : ___________"Éthique, droits de la personne et droit des
conflits armées", Revue
militaire canadienne, volume 12, numéro 1, disponible à http://www.journal.forces.gc.ca/vol12/no1/06-rouillard-fra.asp
(visité
le 28 février 2012);
___________"Misinterpreting the Prohibition of Torture under
International Law: The Office of Legal Counsel Memorandum", (2005)
21(9) Am. U. Int'l L. Rev.
9-41; available at http://auilr.org/pdf/21/21-1-3.pdf
(accessed on 28 February 2012);
ROUSSEAU, Larry, The Blog, "Canada Should Remember the
Afghanistan War With Shame", 18 November 2014 and updated 18
January 2015, available at https://www.huffingtonpost.ca/larry-rousseau/afghanistan-canada_b_6172404.html
(accessed 15 October 2018); Larry Rousseau is Regional Executive
Vice President, Public Service Alliance of Canada;
ROUSSEL, Sylvie E., juge à la Cour fédérale; a travaillé à la
Commission d'enquête sur la Somalie; voir Canadian Broadcasting
Corporation (Radio-canada) v. Canada (Attorney General), 2016 FC
933 (CanLII), [2017] 2 FCR 304, <http://canlii.ca/t/gt1q9>
pour une décision concernant le droit militaire;
ROWE, Peter, "Maintaining Discipline in United Nations Peace
Support Operations: The Legal Quagmire for Military Contingents",
(2000) 5 Journal of Conflict and Security Law 45-62;
Image
source: research.lancs.ac.uk/portal/en/people/peter-rowe(24ce10b9-01c3-45da-a156-d06e08abda41).html,
accessed 4 May 2019
Professor Peter Rowe
___________"Military Misconduct during
International Armed Operations: ‘Bad Apples’ or Systemic
Failure?" (2008) 13(2) Journal of
Conflict and Security Law 165-189;
Abstract
The various trials of soldiers for the excessive use of force
or for the ill-treatment of detained civilians during
international armed operations have
attracted considerable publicity. The explanation frequently
given by senior commanders is that misconduct of this type can
be explained by seeing
the alleged culprits as ‘bad apples’ and, once they are
removed, the military system should be able to operate without
further incidents of serious
wrongdoing. This article explores why the various forms of
misconduct take place and, in so doing, it considers the
effectiveness of training, the
effect on the soldier of any uncertainty of action, command
failures and group influences. The action likely to be taken
(or not taken) by way of
legal or other proceedings against both soldiers and their
commanders is assessed. The article concludes by taking the
position that whilst the
‘bad apple’ theory might explain why some, but not all,
soldiers engage in military misconduct during armed operations
it fails to address the more
important systemic issue, namely, whether adequate training
and effective command responsibility can control such conduct.
It argues for the need,
on the part of military commanders, to reduce uncertainty of
action or conduct to its irreducible minimum (through measures
to counteract the
causes of misconduct discussed in the article). This may then
prove to be the key to reducing the need to rely predominantly
on taking legal
proceedings against individual soldiers in a search for
alleged ‘bad apples’.
(source: http://jcsl.oxfordjournals.org/content/13/2/165.abstract?sid=c055bd3e-09b0-4e04-b898-ee3f4fdd2a51,
accessed 2 February 2015)
Order-in-Council Cited
Slight notice, however, has been given the Order-in-Council,
dated July 1, 1944, amending the Army Act and presenting the
Canadian
Army with a new streamlined court martial called a standing
court-martial. The members of this court may or may
not have legal experience
and are chosen at the discretion of the Minister of National
Defense. They may serve anywhere in Canada, and one man in
place of the
traditional three may constitute a court: Its obvious
advantage is speed, and the verdict is promulgated. :
immediately without the -customary
reference to the district officer commanding or " ,judge
advocate-general for review and approval. This latter and
important staff duty as well
as that of preliminary inquiry is effectively denied along
with the age-old right of the soldier to object to the
personnel of the court. The
traditional types 'of courts-martial' are retained but the
accused is denied the right to ask for them, the selection
being up to his commanding
officer. At the Minister's discretion this new court may
also be used for officers.
Given Extensive Powers
This one-man court-martial is given extensive powers which
are fully described in C.A .R .O ., 1563, and the above, is,
of course, only an
outline. Regardless of its virtues or the fact
that it is a sharp break with military traditions built up
over 300 years, the average Canadian
will ask himself to what use this new legal system will be
put.
....
On the legal side it is to be hoped at least that the
members chosen for the new standing court-martial will not
have to cram a course in military
law in order to qualify for the exercise of their sweeping
power: and at most with no bitterness intended in the
remark, not selected from
Provincial agronomists.
Law administered by a one-man court-martial; without the
usual safeguards, may seem like rough justice, but it
appears to be a logical,
development in Canada when it is considered that the army
has long, :operated under a one-man Army Council.
....
and it may further be wrong to ask whether it is established
constitutional practice to amend the Army Act by
Order-in-Council.
ROY, Allain, lawyer, member of the Law Society of Ontario, works for
the Office of The Legal Advisor To National Defence and the Canadian
Forces (information as of 19 February 2021);
ROY, Cochran, 14 May 1923-10 August 2007, former OJAG:
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.
[source: http://mbfunerals.com/lethbridge/obituaries/obit_details.php?obitid=5781,
accessed 28 January 2018]
ROY, Dorothée, 1979-, Analyse
de la politique étrangère : application du modèle
poly-heuristique à la décision canadienne d'intervenir en
Afghanistan, Thèse (M.A.), Université Laval, 2006, 128
feuilles; disponible à http://www.theses.ulaval.ca/2006/23651/23651.pdf
(vérifié le 8 novembre 2013);
Source
de l'image pour Gabriel Roy: (2007) 1 JAG Les actualités --
Newsletter 27.
ROY, Gabriel, "Une expérience de vie pleine d'ambiguïtés et de
contradictions [en Afghanistan]", (2007) 1 JAG Les actualités
-- Newsletter 27; Major G. Roy, acted for the Canadian
Military Prosecution Service in the case of Pratte S.
(Ex-Private), R. v., 2011 CM 4001 (CanLII), <http://canlii.ca/t/2fhc7>
(accessed 10 May 2018);
___________le Major Gabriel Roy représente le Service canadien des
poursuites militaires dans Arsenault P.D. (Adjudant), R. c., 2013
CM 4005 (CanLII), <http://canlii.ca/t/g0jgz>
(note de recherche en date du 24 avril 2020);
Royal Canadian Air Force List, Department of National
Defence, copy of various years at the Canadian War Museum Library,
Gen UG 635 C2 R69;
ROYAL CANADIAN AIR FORCE, Pocket manual of everyday discipline,
Western Air Command, 1944, 8 [i.e. 16] p., 1 copy available at
University of Alberta Bruce Peel Special Collections, UG 635 C2
P63 1944;
----
Image source:
abebooks.com/servlet/BookDetailsPL?bi=
Source: https://www.ebay.com/itm/Cold-War-RCAF-
22867101694&searchurl=n%3D200000038%26sortby
The-Royal-Canadian-Air-Force-List-February-1st-1964-
****3D1%26kn%3DJudge%2Badvocate%2Bgeneral&cm_sp=
Reference-Book-/222790897911
snippet-_-srp2-_-image1
military*antiques*toronto MAPLE
RIDGE BOOKS(UXBRIDGE,
ON, Canada)
---------- source:
https://navalandmilitary
source: navalandmilitarymuseum.org/sites/default/
museum.org/sites/default/files/pdf/Navy
files/pdf/Navy_List_1969_March_400_dpi.pdf
_List_1965_October_400_dpi.pdf
also at navalandmilitarymuseum.org/archives /projects/the-navy-list
ROYAL CANADIAN ARMY, The Canadian Army List Part I Active
Force, 4th edition, Ottawa: Royal Canadian Army, 1
April, 1949; the book is divided in sections; in section A are
Government departments, Judge Advocate General, Public
Relations; editions: 1st ed.=1947; 2nd=1948; 3rd=1948; 8th=1952;
9th=1953; 10th=1953; 11th=1954; IMPORTANT NAME CHANGED: The
Canadian Army List Part I Canadian Army (Regular),
14th edition, 1955; 15th ed., 1956;
Published officer's lists can be invaluable in recreating
the career of a military officer, whether he be in the
Canadian armed forces, a Canadian serving in the British
forces or a British officer in Canada. It must be
emphasized that these lists do not include enlisted men;
their purpose was to record the seniority of individual
officers publicly. Use of the lists covering a period of
years will show promotions and transfers and eventual
retirement. Some lists, such as the Defence forces
list, Canada or Hart's annual army
list, are also rich in personal detail. Note that
the British lists also included officers of the Canadian
armed forces while Canada was still a colony.
The advent of the computer has meant the end of a
celebrated but idiosyncratic tradition of very useful
officers' lists. This was first seen in The Royal
Canadian Air Force list, which gave nothing more
than name, rank, serial number, date of seniority and date
of birth. The Canadian Forces officers' list,
published annually since integration of the Canadian Armed
Forces in 1965, gives no more detail than that. Using it
involves privacy issues, because of the inclusion of birth
dates for officers who are still alive and serving, and,
for many years, social insurance numbers, which were also
used as service numbers. For these reasons the researcher
may not find it readily available in libraries.
Canada. Air Force. - The Canadian Air Force
list. - Ottawa: King's Printer,
[1921?]-[1922?]
_____. - The Royal Canadian Air Force list. -
Ottawa: [s.n.], 1924-1966.
Frequency varies.
Issued in mimeographed form until 1942.
Canada. Dept. of Militia and Defence. - The
militia list. - Ottawa: Queen's Printer,
1867-1929.
Title and frequency vary, e.g. - The annual
volunteer and service militia list of Canada (1867)
or - The quarterly militia list of the
Dominion of Canada (1900).
Superseded by Defence forces list, Canada.
Canada. Dept. of National Defence. - The
Canadian Army list. - Ottawa: King's Printer,
1940-1966.
Title varies, e.g. - Gradation list,
Canadian Army Active (1940-1945); - Canadian
Army (Regular) list (1959-1966).
Annual.
_____. - Defence forces list, Canada (naval,
military and air forces). - Ottawa: King's
Printer, 1930-1939.
Title varies somewhat. Supersedes The militia
list. Superseded by The Canadian Navy list,
The Canadian Army list and The Royal
Canadian Air Force list.
Canada. Dept. of the Naval Service. - The
Canadian Navy list. - Ottawa: King's Printer,
1914-1965.
Issued by the Dept. of National Defence from 1923.
Frequency varies, sometimes quarterly, but at least
annually.
Canada. Militia. Canadian Expeditionary Force. 1st
Canadian Contingent. - Gradation list & list
of appointments, staff & units. - [S.l.:
s.n., 1914?] - 118 p.
The following table lists identified Courts Martial for
The RCR, incuding those that have been identified as
members
of the Regiment who were serving with other units at the
time of their Court Martial.
ROYAL COMMISSION on Illegal Warfare
Claims and for Return of Sequestered Property in
Necessitous Cases, Reparations
: [reports], Ottawa
: F.A. Acland, 1931-1933, 6 v. ; 25 cm.; NOTES: Errol M.
McDougall, commissioner. Includes indexes. Includes:
[v.1]. Reparations, 1930-31 : special report upon Armenian claims
-- [v.2]. Reparations, 1930-31 : interim report -- [v.3].
Reparations, 1930-31 : supplementary report -- [v.4]. Reparations,
1930-1931 : maltreatment of prisoners of war -- [v.5].
Reparations, 1932-1933 : final report -- [v.6]. Reparations, 1932
: further report;
ROYAL GAZETTE, Halifax, N.S., The militia laws of the
province of Nova-Scotia, [Halifax, N.S.? : s.n.], 1839
(Halifax [N.S.] : Royal Gazette Office),: iii, 42 p. ; 28 cm;
available at https://archive.org/details/cihm_57301
(accessed 7 July 2017);
ROYAL MILITARY COLLEGE OF CANADA, Graduate Studies Calendar
2011-2012, Academic Units -- Faculty of Arts, Department of
Defense Studies;
[Course] 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. (source: http://www.rmc.ca/aca/ac-pe/gsc-adc/au-ua/fa/ds-ed-eng.asp#ds519,
accessed on 27 February 2012)
FRANÇAIS : COLLÈGE MILITAIRE ROYAL DU CANADA, Annuaire des études
supérieures 2011-2012, Faculté des arts, Département des études de
la défense;
[Cours] ÉD519 Droit militaire
dans la perspective comparative
Le droit militaire au Canada a
évolué des points de vue historique, légal et organisationnel
afin de satisfaire aux besoins spécifiques des
Forces canadiennes et de refléter
les changements plus vastes au sein de la société canadienne. Ce
cours examine l'état du droit militaire
canadien depuis le passé jusqu'à
maintenant, en insistant particulièrement sur l'équilibre entre
les exigences opérationnelles et
la suprématie du contrôle
civil au sein d'une démocratie parlementaire.
RUBEC, Stephanie, "New search for bomb thief ex-private.
Top military force asked to find man suspected of carrying
explosives", The Record (Sherbrooke), Wednesday, 21 July
1999, at p. 11; available at http://collections.banq.qc.ca/ark:/52327/2968396
(accessed 4 April 2018);
x
image
source:
http://globalmjreform.blogspot.ca/2015/03/crossed-sabres-in-ottawa.html,
accessed 23 January 2016
Clayton Ruby
RUBY, Clayton, Lawyer, his 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 House of Commons Standing Committee on National Defence,
meeting number 65, 11 February 2013, minutes
and evidence;
___________on RUDDERHAM, Kristen, Captain was Assistant
Judge Advocate General Western, Assistant Counsel
for Second Lieutenant A. Balint in the court martial case of
Balint A. (Second Lieutenant), R.
v., 2012 CM 2010 (CanLII), <http://canlii.ca/t/ft7jr>,
accessed 8 April 2020;
---------Image source:
JAG Les actualités /Newsletter, volume 1, 2006 at p. 10,
accessed 27 November 2016
Anthony Russell
Lt(N) Anthony Russell, left,
congratuled by MGen Jerry Pitzul, JAG, for his promotion to the rank
of LCdr
RUSSELL, Anthony, biographical notes (not necessarily written by
him):
Le Capc Russell est Juge-avocat adjoint à Montréal
depuis 2010. Membre du Barreau du Québec depuis 1992,
détenteur d’un baccalauréat
en droit et d’une maîtrise en droit commercial
international, il s’est s’enrôlé dans les Forces canadiennes
en 2003 après avoir exercé le droit
au ministère de la Justice du Québec et au ministère des
Relations internationales du Québec. Il a ensuite été
conseiller juridique au Cabinet
du Conseiller juridique du ministère de la Défense nationale
et des Forces canadiennes (2003), au Bureau d’étude
juridique militaire à
Kingston (2006-2007) et au Centre de droit militaire des
Forces canadiennes (2007), en plus d’enseigner au Collège
militaire royal de
Kingston (2005-2010). Au cours de sa carrière, il a été
déployé à Sarajevo (2006), en République démocratique du
Congo (2008-2009) et en
Afghanistan (2011). Pour plus d'information, consultez la biographie
du Capc Russell.
------
Image source:
forces.gc.ca/en/news/article.page?doc=quebec-region-update-
Anthony Russell, source: justiceinternationale-chaire.ulaval.
April-2015/i8oa1nfm
ca/activites-a-venir/conference-du-capitaine-de-corvette-anthony-russell
"On March 17, 2015, at Laval University, Lieutenant-Commander
Anthony
(accessed 10 August 2017)
Russel, Deputy Judge Advocate, Montréal, takes part in a
course given by
Professor Julia Grignon dealing with international and
humanitarian law. Photo: Marie-Anne Jutras, NDPAO – Quebec" (photo
detail)
----------
"Le 17 mars 2015, le Capitaine de corvette Anthony Russel,
juge-avocat
adjoint
Affiche
Montréal, s’adresse aux invités et membres de la Clinique
internationale de
droit
source: justiceinternationale-chaire.ulaval.ca/sites/cdiph.ulaval.ca/files/20160226_russell_pub.pdf
pénal et humanitaire de l’Université Laval. Photo : Marie-Anne
Jutras, BAPDN-RQ"
Image source: forces.gc.ca/fr/nouvelles/article.page?doc=des-nouvelles-de-la-region-du-quebec-avril-2015/i8oa1nfm,
site visité 23 juillet 2017
___________Note sur Anthony Russell, dans
un article, Défense nationale et les Forces armées
canadiennes, "Des nouvelles de la région de Québec --
avril 2015";
Le Capc Russel : invité d’honneur de la faculté de
droit de l’Université Laval
Le Capitaine de corvette Anthony Russel, juge-avocat
adjoint Montréal, était présent une conférence-midi
organisée par la Clinique de droit international pénal et
humanitaire de l’Université Laval. En cette occasion, le
Capc Russel a présenté le code de conduite des FAC
dans le cadre d'opérations internationales.
Puis, durant l’après-midi, il s’est joint au cours de
Julia Grignon, professeure adjointe à la faculté de droit,
pour animer une séance de formation portant sur le
droit des conflits armés: « l'égérie » de la
doctrine de ciblage des FAC. De manière interactive, il a
énoncé des principes fondamentaux à connaître en matière
de
ciblage, a présenté le rôle de l'avocat militaire déployé,
a expliqué ce qu'est le ciblage, a parlé des méthodes de
ciblage, a défini ce qu'est un objectif légitime, a
abordé les règles d'engagement (ce qu'elles sont,
leur rôle dans le ciblage, qui les adopte et les
promulgue) et a expliqué les règles fondamentales du
ciblage.
[source: http://www.forces.gc.ca/fr/nouvelles/article.page?doc=des-nouvelles-de-la-region-du-quebec-avril-2015/i8oa1nfm,
site visité le 23 juillet 2017]
-----------------------
LCdr Russel, Guest of Honour Laval University’s Faculty
of Law
On March 17, Lieutenant-Commander Anthony Russel, Deputy
Judge Advocate, spoke at a conference organized by the
Clinic of International Criminal and
Humanitarian Law at Laval University in Montréal. In the
morning, LCdr Russel presented on the CAF Code of Conduct
for international operations.
He then joined Julia Grignon, Assistant Professor at the
Faculty of Law, to give a course to Masters students on
the law of armed conflict, specifically the CAF’s
targeting doctrine. In an interactive fashion, Lt.Col.
Russel covered the fundamental principles of targeting,
the role of the deployed legal officer, targeting methods,
legitimate objectives and the rules of engagement as well
as the fundamental rules of targeting.
[source:
http://www.forces.gc.ca/en/news/article.page?doc=quebec-region-update-april-2015/i8oa1nfm,
accessed 23 July 2017]
___________photo
of Commander Anthony Russell with others:
Commander Anthony Russell is fourth from the left.
"Office of the JAG@JAGCAFJun
21 [2019] Congratulations to the
members of our Operational and International
Law Division on receiving the Public Safety, Defence and
Immigration Advisory Award 2019 for their work on the
National Security and Intelligence Committee of
Parliamentarians file!"
Image source: www.chapters.indigo.ca/en-ca/books/ken-watkin/9785510984903-item.html,
accessed 23 July 2017
Russell, Jesse and Ronald Cohn, Ken Watkin, Book
on Demand, published 2013, 74 p., ISBN: 5510984902 and 9785510984903;
RUTHERFORD, Colonel The Honourable Robert Campbell Rutherford, 29
November 1922- 3 April 2018, obituary, available at http://yourlifemoments.ca/sitepages/obituary.asp?oid=1072847
(accessed 23 April 2018); he was one of the three
commissioners of the Inquiry into the Deployment of Canadian
Forces to Somalia, 1995-1997;
___________on Mr. Justice Robert Rutherford, see CANADIAN PRESS NEWS WIRE, "Decorated
war veteran and judge adds experience to Somalia
inquiry", 3 January 1997; died in 2018;
Image
source: , accessed 23 July 2017
___________"NATO's Attack on Yugoslavia: The Deputation of an Ad
Hoc International Constabulary", chapter 7, pp. 211-226 in John
Carey, 1924-, William V. Dunlap and R. John Pritchard, International
Humanitarian Law: Prospects, Ardsley, N.Y.
: Transnational Publishers, 2006;
Course Description:
The principle aim of this course is to introduce the student
to the complex area of international law regarding armed
conflict. This subject comprises
two separate bodies of rules governing the actions of states
in armed conflict often referred to as the Law of Armed
Conflict (LOAC). The first body
of rules, referred to as jus ad bellum (the law before war),
governs the legality of a state’s resort to use force. The
second body of rules, jus in bello
(the law in war), regulates conduct of hostilities once armed
conflict has commenced. The body of rules contained in jus in
bello is also referred to as
International Humanitarian Law (IHL) and sometimes as the Law
of War (LOW). The body of jus in bello rules will be the
primary focus of this course.
David Ryan served "a tour of duty in Afghanistan in a
non-legal capacity where he was an officer in the Canadian Forces
Primary
Reserves", see ryanandlewis.com/lawyers/,
accessed 14 September 2020.
PARRY SOUND –Parry Sound’s newest lawyer and history buff
David Ryan, 37,
wanted to join the Canadian army and attend the Royal
Ministry College. But when
that wasn’t possible due to health reasons, he went to law
school instead. Years later,
the former Kingston resident joined the reserves and went
to Afghanistan for seven
months before opening his own law practice in Parry Sound
at the start of May. Duty officer Mr. Ryan was in Camp Julien, in Kabul,
Afghanistan and in Kandahar,
from August 2005 to March 2006. He was stationed at Camp
Julien while it was
being dismantled and moved to Kandahar, where he finished
off his tour. While
overseas, he worked at the task force headquarters as a
visits officer and duty officer.
....
Live the dream While Mr. Ryan hadn’t been able to
join the army as a high
school graduate due to his spleen, which later ruptured,
he realized he could
still live that dream in 2000 when he read about the
reservist positions for
lawyers with the Canadian Forces Judge Advocate General.
"I hadn’t realized
there were reserves for lawyers," said Mr. Ryan. When he
went to sign up,
though, there were no posts available, but he filled out
the paper work
anyway and became a reservist in December 2001.
Image
source:
http://cbanational.rogers.dgtlpub.com/2010/2010-12-31/pdf/profile.pdf,
accessed 9 January 2016)
Photo of Ken Watkin
RYAN, Patti, "A leader for his times -- Retired Judge Advocate
General Ken Watkin on the fight for justice in a volatile world
and the importance of dreaming big", (December 2010) National
41-43; available at http://cbanational.rogers.dgtlpub.com/2010/2010-12-31/pdf/profile.pdf
(accessed 17 February 2015);
For a military lawyer
just starting out, the notion of a term as JAG may seem like
pie in the sky. But the key, says Watkin, is to keep
dreaming big.
“Never feel constrained by where you are now and where you
think you want to go,” he says, by way of advice to those
new to the profession.
“Be inquisitive. Treat people fairly. And never accept
the idea that ‘That’s the way we’ve always done it.’ That
drives me crazy.”
Image
source: https://twitter.com/lryck, accessed 5 July 2017
Laura Ryckewaert
RYCKEWAERT, Laura, "Cudmore takes on policy director role in
Defence Minister’s Sajjan’s office. Prime Minister Justin
Trudeau has also made some staff changes in the PMO", The
Hill's Times, Monday, 27 March 2017; see http://www.hilltimes.com/2017/03/27/cudmore-takes-policy-director-role-defence-ministers-office/100725
(accessed 28 March 2017);
___________on RYCROFT, Lieutenant-Colonel Jim, see McDONALD,
R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at p. 214,
available at 103-242;
____________Testimony of Jim Rycroft, Chairman, Veterans Service
and Seniors Committee, Royal Canadian Legion, before
the House of Commons NDVA Committee meeting number 85, 1 December
1998, 36th Parliament, 1st Session, available at http://www.ourcommons.ca/DocumentViewer/en/36-1/NDVA/meeting-85/evidence
(accessed 11 November 2017);
____________"Troops must obey rules of civility", The Ottawa
Citizen, 16 February 2005;
image
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accessed 21 August 2016
------------
-----
Image
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Image
source: 
------
Source of image: JAG Newsletter, volume 1,
2003 at p. 7
image
source: 
------
--------
--------
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Source:
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--------
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Source
of image: (2004) 1 Les actualités JAG Newsletter at p.
39
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accessed 7 April 2017
------
-----------------
Image source: 
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------------
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------
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;; defence counsel at
Photo by Derek Ruttan, London Free Press
____________on a court martial in which Ms. Mansour was involved, see CARRUTHERS, Dale, "Ex-military medic jailed nine months" The London Free Press,
Image source: https://sites.google.com/a/umn.edu/giovanni-mantilla/, accessed 30 September 2016
-
--------
..
-------
-------
--------
Source:
http://www.journal.forces.gc.ca/vol12/no2/61-gibson-eng.asp
-------
------
------
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-------------
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---------------
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----------
---------------------------------
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------------------------
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-----
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--9th Judge Advocate General, 1986-1990
Image
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accessed 16 December 2016
source
de l'image: 
------------------
-------------------
Image
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IS2005-1174a
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----
------------------------------
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----------------
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-------
--5th Judge Advocate General, 1969-1972
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former lawyer with the OJAG
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------
Source: 
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visité 27 novembre 2016
-------------------
------------
----------
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----------------------------
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Bulletin d'actualités at p. 55.
-------
Source de
l'image: https://twitter.com/fannieolivier, vérifié 17 juin 2016
Col Pat
Olson (left) with MGen J. Pitzul (source: (2005) 1 
image
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--4th Judge Advocate General, 1920-1950
------
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--10th Judge Advocate General, 1990-1993
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Photo by
MCpl Kevin Paul, Canadian Forces Combat Camera
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