Inquiry & Government Reaction
- 1995-1997: Somalia Inquiry
- Departmental Reaction to Somalia Inquiry
- Special Advisory Group on Military Justice and Military Police Investigation Services
January 1997 to July 1997
- The Special Senate Committee on the Canadian Airborne Regiment in Somalia (April 1997)
- Report to the Prime Minister on the Leadership and Management of the Canadian Forces (March 1997)
- Minister's Monitoring Committee on Change in the Department of National Defence and the Canadian Forces (October 1997 to 1999)
- Bill C-25--An Act to amend the National Defence Act and to make consequential amendments to other Acts
(Royal Assent, 10 December 1998)
- 2003 -- Five Year Review of Bill C-25
- 2011 -- Second Five Year Review of Bill C-25
Bills 1999-2019 on National Defence Act
Affairs -- Sexual Misconduct
Martial Comprehensive Review 2016-2017
& DND Web Sites
Regulations and Orders
- Superseded Legislation
- Web Sites of Interest
Part II -- Canadian Military Law -- Bibliography
[Source: Barney Danson and Curtis Fahey, 1951, Not Bad for a sergeant: the memoirs of Barney Danson,
Toronto : Dundurn Group, ©2002, 303 pages, at p. 200 : illustrations ; 24 cm, available in part
at https://books.google.ca/books...., accessed 18 February 2021]
The General Court Martial (GCM)
Dean Marsaw, 1994-1995 -- I received a transcript but without the
charge sheet! Bowl of Confusion* on how to get a transcript
from DND--PART III
National Military Section of the Canadian Bar Review, "Submission on the
Operation of Canadian Military Law -- National Defence Act and Bill C-25",
June 2003, Part IV, pp. 9-10
I have made my point on this issue. "Point final" like we say in French.Notes 17 and 18 are not too clear, they read as follows:
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
17 "Military law review slammed as 'whitewash', Ottawa Citizen, 27 June 2003, p. A3
18 The CBA President's letter to the editor of the Ottawa Citizen may be accessed at the NMLS
[National Military Law Section] (http://www.cba.org/CBA/Sections/military/).
Will the Independent Review engage other advisors with military law expertise as permitted by the Ministerial Direction?Justice Fish is assisted in his independent review by his Senior Counsel, Jean-Philippe Groleau, a
partner at Davies Ward Phillips & Vineberg LLP; his Junior Counsel, Guillaume Charlebois, an
associate at the same firm; and his Senior Consultant, Morris Rosenberg CM, a former deputy
minister of justice, of health and of foreign affairs with the government of Canada. Justice Fish
and the members of his team are all independent of the Department of National Defence and the
Canadian Armed Forces.
The Third Independent Review Authority shall be provided with or may engage the services of such staff and
other advisors as it considers necessary to aid and assist in the review, at such rates of remuneration as
may be approved pursuant to applicable Government of Canada regulations and policies
Is this not a message interfering with independence?In order to maximize the utility of the third independent review, the review might most effectively be
accomplished by focusing on the statutory and regulatory provisions, and administrative policies
and practices that have been implemented, and have an adequate operational record upon which to
ground a review.
The General Court Martial (GCM) of
Dean Marsaw, 1994-1995 -- I received a transcript but without the
charge sheet! Bowl of Confusion* on how to get a transcript
from DND--PART II
In my opinion, this is a legislative error that shoud be corrected if we want justice. In the history of Canadian military legislation, I have noticed that under The Naval Service Act, 1944, in force, 7 September 1945, all flag officers could be tried by a court-martial, see subsection 104(5):Ranks for trial of brigadier-general or above
(4) If the accused person is of or above the rank of brigadier-general,
the senior member of the panel must be an officer of or above the rank
of the accused person and the other members of the panel must be of
or above the rank of colonel.
En réponse à votre demande du procès-verbal des débats pour la période du 10 au 17 juin 2019
dans le procès du juge militaire M. Dutil, je vous avise qu’il n’y a qu’une partie des procédures
judiciaires qui a été dactylographiée. De ce fait, je vous ferai donc parvenir par service de
messagerie Purolator (à l’adresse indiqué dans votre courriel ci-dessous) une copie électronique
du procès-verbal déjà dactylographié (format PDF) ainsi qu’une copie des enregistrements du
procès en format audionumérique (MP3). Malheureusement il m’est impossible de vous faire
parvenir le tout par courriel car cela excède la capacité des serveurs du MDN.
- The first statutory Inquiry Committee was created after
the Somalia inquiry of 1995-1997 in Bill C-25 and in the
- In 2003, proposed changes to the then existing Inquiry
Committee were recommended by Lamer in the first report to review
see p. 22 at perma.cc/S2HX-FSRJ :
- today sections 165.31
to 165.36 of the National Defence Act deal with
the Military Judges Inquiry Committee (MJIC)
- these sections 165.31 to 165.36 come from Bill C-15 , An Act to amend the National Defence Act and to make consequential
amendments to other Acts; after Royal Assent of Bill C-15, it became the Annual Statutes of Canada: 2013, chapter 24, section 45
- following an Access to Information and Privacy Request made by me, I received the Departmental Clause by Clause Analysis of Bill C-15;
hereunder the relevant analysis for clause 45 of Bill C-15 at pp. 63 and 65.
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
- There is no doubt that the executive and Parliament's
intent was that the MJIC be similar to the Judges
For those who are not familiar with the Clause by Clause Analysis and its importance (including
to the House and Senate standing committese after 2nd reading), see the Guide to Making Federal Acts and Regulations.
It is shameful, that this clause by clause document is not available to the public on the web site of LegisInfo.
- there has only been one MJIC case, i.e. for Col Dutil, Chief Military Judge
 Pursuant to subsection 165.32(3) of the NDA, Judge Jocelyne Gagné was designated by the Chairperson
of the Inquiry Committee, Chief Justice B. Richard Bell, to review the ethics complaint and determine
if an inquiry should be started. According to the news release of April 27, 2016, which was published on
the CMAC website and a copy of which was given to the Court during the application for judicial review
hearing, this complaint specifically concerned allegations of the breach of directive DAOD 5019‑1.
On February 29, 2016, the Chairperson of the Inquiry Committee advised Colonel Wakeham
that no inquiry would be started and that the file would be closed following the acceptance by the
Inquiry Committee of the recommendation of Judge Gagné. In the news release of April 27, 2016,
it was mentioned that the ethics complaint was dismissed for the reason that it did not raise any
cause for removal mentioned in subsection 165.32(7) of the NDA.
Military Judges Inquiry Committee decision about the complaint
against Chief Military Judge Mario Dutil, 27 April 2016;
is available at cmac-cacm.ca/bulletins/documents/April_27_2016.docx (accessed 27 September 2016) and is also available at
paragraph 66 of D’Amico D.P. (Corporal), R. v., 2020 CM 2002 (CanLII), <http://canlii.ca/t/j5fbv>;
Ottawa, 27 April 2016
The Military Judges Inquiry Committee, established in accordance with section 165.31
of the National Defence Act, reviewed a complaint against the Chief Military Judge
Mario Dutil. The complaint was made by Colonel Bruce J Wakeham.
The complaint concerned allegations of infringement to the Defence Administrative
Order and Directives (DAOD) 5019-1, Personal Relationships and Fraternization.
After considering all the issues in this case, the complaint was dismissed on the basis
that it did not raise any issue of judicial conduct as referred to in subsection 165.32(7)
of the National Defence Act and therefore did not warrant consideration by the Military.
SCHMITZ, Cristin, "Military judge will not face court
guns", The Lawyers Weekly, issue 10 June 2016,
lawyersweekly.ca/articles/2694 (accessed 7 June 2016); see also at thelawyersdaily.ca/articles/2075/military-judge-will-not-face-court-
guns?article_related_content=1 (accessed 24 September 2017) wrote:
In the first known case under a unique judicial discipline process, an inquiry committee struck
by the Court Martial Appeal Court (CMAC) has dismissed a potentially explosive complaint
against Canada’s top military judge [Mario Dutil] that was lodged by the chief of staff of the
Judge Advocate General (JAG) [Col. Bruce Wakeham].
Questions on my mind
What was the involvement of MGen Cathcart in the decision to make
The complaint made by Col Wakeham has not been made public. We
know that from the decisions that
it concerns allegations of infringement to the Defence Administrative Order and Directives ((DAOD) 5019-1 )
during 2014-2015 What exactly did the complaint say? Can the public get a copy of it? A copy of the complaint is part of
the record in the case of Canada (Director of Military Prosecutions) v. Canada (Office of the Chief Military Judge), 2020 FC 330 (CanLII), <http://canlii.ca/t/j5p93>,
file T-1151-19, judgment 3 March 2020, by Justice Martineau
What procedure did Justice Gagné follow (the study of the written
complaint only? Was Col. Dutil consulted? Was the rule audi
alteram partem followed?)
Did Justice Gagné make a written report to the MJIC?
On 29 February 2016 did Chief Justice Bell inform Col Wakeham of
the dismissal of his complaint in writing?
Subsequently was consideration of a judiciary review under s.
18.1 of the FCA of the MJIC dismissal envisaged? By
whom JAG, Col Wakeham? BGen Cathcart? When?
Was consideration made by the JAG to go for a court martial
before the complaint to the MJIC on 9 October 2015?
At the time the complaint was dismissed on 29 February 2016, did
the JAG or Col Wakeham then consider going for a court martial
on the DAOD 4019-1 issue?
At the time the dismissal of the complaint was known to JAG on 29
February 2016, was Col. Dutil already being investigated for the
On 5 November 2020, I got the transcript of the testimony of BGen
Frank Karwandy before the Commission of Inquiry on War Criminals
chaired by the Honourable Jules Deschênes, public
hearings, on 9-10 April 1985. Brigadier-General Karwandy,
the Judge Advocate General
of the Canadian Forces, testified about the role of the CF in
"the investigation and prosecution of war criminals after the
Second World War" (The Globe and Mail, 11 April
1985, at p.1); this transcript is available at http://www.lareau-law.ca/Karwandy2020Oct5.pdf.
The testimony does not talk about the prosecutions of war
criminals in Japan. I would like to thank the office
of my MP, David McGuinty, Liberal, Ottawa South,
his executive assistant Jenny Hooper and the Parliamentary Library staff for having provided me with the electronic copy of this transcript.
(put on line on 7 November 2020)
Cartoon of Bruce MacDonald by Charlie Knight
If you are interested in the history of the OJAG, please be
informed that LCol (retired) Bruce MacDonald was the next witness
at the Commission of Inquiry on War Criminals
chaired by the Honourable Jules Deschênes. In April 1985, at the time of his testimony, Mr. MacDonald was a judge.
If someone has a copy of his testimony, please send it to me at
email@example.com and I will put it on line.
(post scriptum added 11 November 2020)
On 23 November 2019 Maj (then) Duquette was convicted at a court
martial: Duquette J.R.E. (Major), R. c., 2019 CM 3016 (CanLII),
He was convicted: Charge 1: S. 130 NDA, sexual assault (s. 271(b)
Charge 2: S. 129 NDA, conduct to the prejudice of good order and discipline and Charge 3: S. 95 NDA, ill-treated of subordinates.
Capt (after) Duquette was
sentenced ro reduction in rank to the rank of captain.
Capt Duquette appealed to the CMAC, court number CMAC-605 and
there are 38
On 29 October 2020, Chief Justice Bell decided on a motion by the
appellant, see Duquette v. Canada, 2020 CMAC 4 (CanLII),
Mr. Rory Fowler commented on the motion in "Duquette v R, 2020
CMAC 4 - Remedy Pending Appeal" at globalmjreform.blogspot.com/2020/11/duquette....
At the trial level, Me Cantin from Jonquière was the defence counsel (he may have been assisted by others) and major Baby-Cormier, major Desaulniers and Capt Corbeil represented Her Majesty; The President of the Standing Court Martial was LCol Lieutenant-Colonel d’Auteuil.
At the appeal level counsel involved are: Major Stephan Poitras
and Me Sylvain Morissette:
Mjor Stephan Poitras Me Sylvain Morissette
On 4 November 2020, a record at the CMAC indicates that "directives verbales du juge en chef Bell en date du 2 novembre 2020, qui dirige qu'une audition par téléconférence soit tenue mercredi le 4 novembre 2020 à partir de 10h00 au sujet de la requête de l'appelant. placé(e)(s) au dossier le 02-NOV-2020".
Should be an interesting case to follow!
(put on line on 4 November 2020)
on the latest decision of the appeal process, see decisions.cmac-cacm.ca/cmac-cacm/cmac-cacm/en/item/490093/index.do
Napoleon is regarded as one of the greatest military commanders in history,
and his wars and campaigns are studied at military schools worldwide. His
political and cultural legacy has made him one of the most celebrated and
controversial leaders in human history. [Wikipedia]
A point of interest is found between pages 454 and 455 of the book : a caricature "La justice divine poursuivant le crime"
At pp. 201-202, there is also an amusing anecdote about Napoleon:
The above German caricature can be best explained with the help of another work of art,
not in the book, and explained by Karine Huguenaud:
Pierre-Paul Prud'hon, 1758-1823, Justice and Divine Vengeance pursuing Crime,
oil, 33 x 41 cm / 13 x 16 1/8".
It was in in 1804 that Nicolas Frochot, Préfet de la Seine, commissioned the artist
Prud'hon to produce a painting for the Criminal Tribunal hall, the high court at the
Paris Palais de Justice....
The sketch was finished in 1806 and the painting was exhibited at the Salon of
1808 where Napoleon decorated Prud'hon with the Légion d'honneur. Unusually
in this case, the caricaturists took hold of the work and parodied it,
replacing the figure of crime with that of the Emperor. The painting by
Prud'hon was installed in the Palais de Justice in 1809, presented at the exhibition
of decennial prizes in 1810, and again shown at the Salon of 1814. It was finally
returned to the artist on the fall of the Empire. Held at the Musée du Luxembourg
from 1818, it entered the Louvre on Prud'hon's death in 1823.
[Karine Huguenaud, (tr. P.H.)], "Justice and Divine Vengeance pursuing Crime, Artist(s):
Prud'hon, Pierre-Paul", February 2004, available at napoleon.org/en/history-of-the-two-empires/
paintings/justice-and-divine-vengeance-pursuing-crime/; avec l'aimable autorisation de la Fondation
If you are an Anglo and you have not understood the clever word game, even after reading it twice, youVers la fin de septembre, l'empereur fit un voyage à Raab; il allait
monter à cheval pour retourner à la résidence de Schoenbrünn, quand
il apperçut l'évêque de Raab à quelques pas de lui.
-- N'est-ce pas l'évêque? dit-il à Monsieur Jardin qui tenait la tête du cheval.
-- Non, Sire, c'est Soliman.
-- Je te demande si ce n'est pas l'évêque, répéta Sa Majesté en montrant le prélat.
Monsieur Jardin, tout à son affaire, et ne pensant qu'au cheval de l'empereur qui
portait le nom de l'Evêque, répondit:
--Sire, je vous assure que vous l'avez monté à l'avant-dernier relais.
L'Empereur s'aperçut de la méprise et rit aux éclats.
Towards the end of September the Emperor made a journey to Raab; and, as he
was mounting his horse to return to his residence at Schoenbrunn, he saw the
bishop a few steps from him. "Is not that the bishop?" said he to M. Jardin,
who was holding his horse's head. "No, Sire, it is Soliman."—"I asked you
if that was not the bishop," repeated his Majesty, pointing to the prelate.
M. Jardin, intent on business, and thinking only of the Emperor's horse
which bore the name of Bishop, again replied, "Sire, you forget that you
rode him on the last relay." The Emperor now perceived the mistake, and
broke into a laugh.
- the news at https://www.cbc.ca/news/canada/edmonton/canadian-soldier-killed-exercise-wainwright-1.5785198
- there is a military police investigation going on...
- there will be a board of inquiry with a military lawyer
- it is too early to speculate, but this type of incident can
possibly involve negligence and result in courts martial.
(put on line 1 November 2020; last amendment on 2 November 2020)
. On the next independent review of the
NDA due at latest in June 2021
- The Annual Report of the Judge Advocate General for the fiscal year ending on 31 March 2010 was tabled in the H of C on 19 October 2020 and made public on 23 October.
Report at p. 49.
- The report is required by section 273.601
of the NDA
The "report will be tabled in June 2021" says the above JAG
Annual Report. Section 273.601 of the NDA, was 2013,
c. 24, s. 101 that came in force on
1 June 2014 (SI/2014-49) and the latest the report can be tabled by the Minister is 1 June 2021. If I was the JAG, I would give it to the Minister
at least 30 days before, i.e. 1 May 2021.
The above annual report also states that the "Judge Advocate
General Independent Review Support Team" was formed between 1
April 2019 and
31 March 2020. Also the Minister will probably sign (if he has not already signed) a miniterial direction appointing a person to be the authority
to conduct such a review and give directives as to its conduct (as an example see last ministerial direction of 25 March 2011 for the Second Independent Review).
The person chosen for the Second Independent Review was The Honourable Patrick J. LeSage former Chief Justice of the Ontario Superior Court of Justice
who submitted his report to the minister in December 2011.
Mr. LeSage had no previous military experience. On 28 May
2013 at the Senate Committee on Legal and Constitutional Affairs
Bill C-15, one of the two bills that were the subject of the Second Independent Review, Mr. LeSage said:
...It's a great pleasure and honour to be invited to attend here today but I must quickly dispel any
doubts that you might have -- I am not an expert in military justice. I have the great pleasure and
privilege of preparing being the second independent review authority to review the justice provisions
of the NDA, National Defence Act, but that was sort of my first substantive involvement with
military justice and most of what I know, I learned from this gentleman who is behind me here
[pointing to] Colonel Gibson. He was my instructor and he worked with me and taught me some
of the basics but I had a wonderful experience and I am delighted to be here.
[01:40 to 02:32 of cpac.ca/en/programs/in-committee-from-the-senate-of-canada/episodes/24635312/]
The Honourable Patrick J. Lesage pointing to Colonel Gibson at the Senate Committee on
Legal and Constitutional Affaits (at 02:18/1:10:30), 28 May 2013. To the left is LCol Stephen
Researchers will find some useful information on the First and
Second Independent reviews at my web page dealing with
the Somalia Inquiry
For the next independent review authority should the MND choose a
person with military experience? What do you think?
(put on line on 31 October 2020; last amended on 3 November 2020)
. ---construction now finished!
. image source: pinterest
Col Dutil's legal saga
This blog was under construction from 29 October 2020 to 8
November 2020. My last act in the contruction project on 8
November 2020 was to demolish everything! This is why I have
deleted the draft. I will placed new blogs on the subject
later now that I better understand the subject!
. The JAG annual report is tabled on 19
October 2020 by the Minister
in the House of Commons
. The General Court Martial (GCM) of
Dean Marsaw, 1994-1995 -- I received a transcript but without the
charge sheet! Bowl of Confusion* on how to get a transcript
from DND--PART I
- The transcript of the GCM is available at lareau-legal.ca/A-2018-01188.pdf . I received it
with Department of National Defence's Access to Information Act letter, file A-2018-01188, file A-2018-01188, 13 October 2020.
It took me more than two years to get it.
The OJAG officers that participated in the GCM were:
- Judge-Advocates: Colonel Guy Brais and Lieutenant-Colonel Alain Ménard
- Prosecutor: Major D.K. Abbot
- Assistant Prosecutors: Lieutenant-Colonel K.W. Watkin and Captain P.K. Gleeson
- Defending officer: Lieutenant-Colonel J.E.D. Couture
- Assistant Defending Officer: Major L. MacKay
- LCdr Marsaw much publicized first charge, as related by the Court Martial Appeal Court
(CMAC) in R. v. Marsaw, 1997 CanLII 17154 (CMAC), <http://canlii.ca/t/ggpvw>, reads as follows:
- LCdr Marsaw was convicted on charges 1, 3, 4, 6 and 7 and sentenced to dismissal from Her Majesty's service and reduction of
rank to the rank of Lieutenant (N).
- Before his CMAC decision, he went on a hunger strike. Vice-Admiral Murray, acting Chief of the Defence Staff, gave him back his rank.
- The CMAC ordered a new trial but DND decided not to proceed with a new trial.
- LCdr Dean Marsaw received $180,000.00 in compensation from DND and was honourably released
- Major Legal problem with the transcript I received
Some pages of the transcript I received are missing. I started reading the transcript and noticed that
pages 1-1 to 1-12, are missing. These pages are: the charge sheet, convening order, court martial order
and two Judge Advocate appointment orders. The reason advanced by DND for this particular omission
is s. 19(1) of the Access to Information Act, personal information. No doubt, these pages are full of social
insurance numbers of service members. I am guessing here, but it was difficult to make photocopies, put
some correction fluid on the SIN, scan them and integrate them in the main file. I guess that two years
was not enough to do this act.
No one would like to see their SIN numbers made public if a transcript of court proceedings is made public.
Don't need a law degree to agree with such a statement. The rest of the information on these pages 1-1 to 1-12
should be made public.
I am thinking about complaining to the Information Commissioner.
[I did complain, see my blog of 23 November 2020, supra]
(See other parts:
Part II, supra, 23 November 2020
Part III, supra, 7 December 2020)
Part IV, see blog, supra, 13 December 2020)
Here are some relevant provisions
The National Defence Act : s. 165.3, possibility of Chief Military Judge making rules
about public access to minutes of proceedings; and s. 180(1) courts martial shall be public
The Access to Information Act (ATIA) s. 19, exclusion of personal information, s. 68 non application of ATIA for published material
Here are some relevant facts:
- Letter from Deirdra Finn, Director, Access to Information and Privacy, DND, dated 13 October 2020,
regarding my request for the transcript of the court martial of Lieutenant-Commander Dean Marsaw, available
- Annual Report Information Commissioner 1997-1998, Ottawa, 1998, 76 p., at p. 13, ISBN: 0-662-62391-6 which
"Electronic versions of court martial transcripts are now available in ND's National Defence's]
public reading room."
- the court martial application by Michel Drapeau, lawyer, to get access to transcripts of courts martial:
see Pear W.L. (Warrant Officer), R. v., 2015 CM 3021 (CanLII), <http://canlii.ca/t/gvk56>; I am curious to
know if military lawyers can have access to the courts martial transcripts on the intranet?
- on two previous Access to Information Act (ATIA) requests for transcripts made by me, the DND Director Access to
Information and Privacy replied, in November 2015 and January 2016, that the ATIA did not apply to my requests for transcripts
because these transcripts were excluded by s. 68 of the ATIA (being published material) and that future requests for court martial transcripts
should be addressed directly to the Office of the Judge Advocate General. However, I did received the transcripts with the replies, my requests
having been treated as informal requests.
- After having received those two replies, the CMA, Mrs. Morissey, probably realizing the absence of a policy, published
the "Policy on Access to Documents and Information - Courts Martial and other Judicial Hearings", memorandum 5203-3
(CMA), first published 14 December 2016 (the last version on line now is dated 26 November 2019).
We note that under paragraph 10 of that "Policy on Access... ", there are two ways to get a transcript: either from the CMA
or making an ATIA request. If you read annex A of the "Policy on Access... ", you can infer that the preferred method
for a complete transcript, from the CMA's point of view, would be to make an ATIA requests. As stated s. 165.3, of the NDA provides
for the possibility of the Chief Military Judge of making rules about public access to minutes of proceedings; no rules have been
enacted under s.165.3.as far as I know.
- more background on the trial of Lieutenant-Commander Dean Marsaw, see:
- Roy Marsaw, "A Fine Submariner", Letter to the Editor, 6 January 1996,
republished in the Ottawa Citizen, 30 December 1999, Letters, p. D4;
Roy Marsaw is the brother of Dean
John Fraser, journalist
FRASER, John, 1944-, "Judicial gamesmanship played out at court martial", Toronto Star, Aug 4, 1996, p. F.1;
Description: THIS IS the last of four columns on the troubling case of Lt.-Cdr. Dean Marsaw,
Canada's top submariner, who late last year was found guilty of verbally and physically abusing
the men under his command. My own view is that Dean Marsaw, a loner who stuck by the rules,
was thrown to the jackals during the expanding Somalian crisis in which the hierarchy of the
Canadian Forces stood accused of making only enlisted men accountable for their behavior. None
of this, however, is what has really condemned Dean Marsaw in the public's mind. If anyone
remembers this case at all, it is the disgusting story of the commander who was convicted of
putting a cigar tube up the anus of a fellow officer.
[Source: © ProQuest LLC All rights reserved, see http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action....]
- COX, Kevin, "Marsaw ends hunger strike--Navy restores his former rank", The Globe and Mail, 29 November 1996,
at pages. A1 and A6:
[The caption reads] "Lieutenant-Commander Dean Marsaw fields phone
calls at his home in Dartmouth, N.S., and his wife, Fiona, smiles yesterday after
the navy announced he would be restored to his former rank. He ended his 20 day
hunger strike (ANDREW VAUGHAN, Canadian Press)"
[Source: ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview, accessed 4 November 2018]
- "Canadian court makes commander wait", UPI Archives, 25 June 1997,
available at upi.com/Archives/1997/06/25/Canadian-court-makes-commander-wait/9915867211200/
OTTAWA, June 25 -- A Canadian navy submarine commander who has
asked a federal court to overturn his conviction by a military court of abusing
his men has been told he must wait for the court's verdict. The three-day court
hearing of Dean Marsaw ended today with Ottawa court officials saying, 'The
judges have reserved their decision.' Marsaw took his case to the the Federal
Court of Appeal, claiming a military court had wrongfully convicted him in
1995 on charges of abusing men under his command. The submarine commander
had been dismissed from the navy and then re- instated after a 30-day hunger
strike. Before the court martial, Marsaw had a reputation as an exemplary officer
and a tough naval commander who often was given difficult missions. Marsaw's
fall from grace began when military police started an investigation following a
tip that he was allegedly abusing crew members, both physically and verbally.
Marsaw was charged with seven counts of abuse, including one of inserting a
cigar butt into the buttocks of a Royal Navy exchange officer. Marsaw has
challenged the way the military police conducted the investigation. The court
did not indicate when it will hand down its ruling.
- Appeal decision of the Court Martial Appeal Court:
R. v. Marsaw, 1997 CanLII 17154 (CMAC), <http://canlii.ca/t/ggpvw>, decision of 10 September 1997; one of the
judges was the Hon. Armand Desroches a former JAG officer and Judge of the Trial Division of the Supreme Court
of P.E.I., who had been appointed a Judge of the COURT MARTIAL APPEAL COURT OF CANADA on 1991-10-10
(PC Number 1991-1962).
- Photo of Dean Marsaw hereunder from MacLeans' magazine article, "Court martial ruled unfair",
22 September 1997, at p. 33 and available at https://archive.macleans.ca/issue/19970922#!&pid=32
Pressing (and holding) the Ctrl key and scrolling
the wheel of the mouse allows to zoom in or out of the web page being viewed
- "Court overturns conviction of submarine commander in crew-abuse case", 10 September 1997, available at
apnews.com/article/ecfc15eb9366b6ea3cc2c3b816b973ca (accessed 25 September 2020);
- "Canadian Navy is paying former submarine commander Dean Marsaw up to $180,000 and allowing him to
retire with an honourable release rather than lauch another court martial...", Canadian News Facts, 10/1997,
volume 31, issue 18, start page 5572, ISSN: 0008-4565; information obtained from http://yale.summon.serialssolutions.com/
#!/search?ho=t&l=en&q=canadian%20court%20martial, accessed 7 February 2020;
- CLARK, M.E. (Mary-Ellen), The court martial of Lieutenant-Commander Dean Marsaw: lessons on culture, leadership, and
accountability for the CF, Toronto: Canadian Forces College, 2007, viii, 106 p. (series; Masters thesis (Canadian Forces College;
JCSP/PCEMI 33-12), available at cfc.forces.gc.ca/259/290/293/286/clark.pdf (accessed 20 October 2020);
Canadian Forces College gates, source: Mary-Ellen Clark, the author
en.wikipedia.org/wiki/Canadian_Forces_College Source: canada.ca/en/department-national-defence/services/caf-jobs/life/gtkyf/profiles.html,
and look for year 2015 accessed 22 July 2018
Between 1995 and 1996 Lieutenant Commander Dean Marsaw underwent court martial
proceedings over the alleged abuse of his crew on board Her Majesty’s Canadian Submarine
OJIBWA. Allegations ranged from verbal to physical abuse and included an alleged incident
of sexual abuse of a subordinate on board the boat he commanded. While the media focused
on weaknesses in the Canadian Forces (CF) military justice system throughout Marsaw’s
court martial, this paper examines the ‘lost story’ concerning the court martial – how key
lessons can be identified for the Canadian Forces in the areas of organizational culture,
leadership and accountability. Marsaw’s court martial represents three key factors in the
relationship between culture, leadership and accountability: the critical role of the leader
as the primary agent who embeds culture in an organization; the historical and leadership
style influences in Canadian submarine culture that impacted Marsaw’s leadership ability;
and at the instruction level, the requirement for external accountability mechanisms due to
failures in the CF’s ability to self-regulate as a profession. The Somalia Commission identified
the need for renewal in the areas of culture, leadership, and accountability during the era of
Somalia and Marsaw, and fundamental changes have taken place in both CF culture and
leadership; however, negligible change has occurred in the realm of accountability. While
the Department of National Defence (DND) and the CF hold to the principles of and
reporting requirements for accountability to the federal government, the CF has failed
to introduce effective changes in the area of accountability for leader behaviour both
at the individual and unit level, proving that the CF has lost its privilege for self-regulation
as a profession of arms until it makes significant changes in this area.” ( p. viii)
-- Laurence Hickey, "The Submarine Service: Cross-Connect Open to the Allied System", (July& October 2014)
CANADIAN BROADCASTING CORPORATION [CBC], "On the Beach", The Fifth Estate: Re the Marsaw Affair, 1 October 1996;
- some blogs after the Fifth Estate airing, an example hereunder:
- "The fifth estate--Winner 1996 Michener Citation of Merit", michenerawards.ca/english/- by JD, Google Group, on "Navy Injustice", 2 October 1996,
available at groups.google.com/g/can.general/c/DLGSLK-4vi8:
A major injustice is about to be done to a serving officer of the
Canadian Navy. Right now the fate of LCdr Dean Marsaw, former
skipper of the submarine Ojibway, is in the hands of Defence Minister
Collenette, the Col. Klink of Canadian public life.
On Oct. 1, CBC's Fifth Estate detailed Marsaw's case. It resulted in his
court martial conviction, including a recommendation he be kicked out of
the navy. The program described a case built on shaky and contradictory
evidence. Marsaw was accused of abusing members of the sub's crew on
several occasions and in a vareity of ways. The investigation and
subsequent court martial produced a parade of prosecution witnesses who
told conflicting stories that, at a minimum, should have resulted in an
acquittal on the basis of reasonable doubt. When you combine this
doubtful testimony with the strong declarations of other crew members who
lauded Marsaw as a demanding yet fair commander -- someone they said
they would trust with their lives (no small measure of endorsement from a
submarine crew) -- you wonder how the thing even got to the court martial
stage. The charges should have been dismissed outright.
The program cited two possible reasons why they weren't:
1. A few junior officers who felt abused by Marsaw had reason to fear for
their careers in submarines because Marsaw's next assignment was to
establish and run a Canadian submarine commanders course similar to the
esteemed Royal Navy Perisher course that ruthlessly weeds out those unfit
for submarine command. Obviously, if Marsaw had found these officers
wanting when they served under him, they would probably be washed out of
any sub commander's course that he ran. Therefore these junior officers,
who relayed tales of abuse, had reason to want Marsaw sidelined.
2. The senior command of the Canadian Armed Forces wanted an officer's
head on a platter and Marsaw's was conveniently at hand. At the time of
the investigation and trial, lowly Airborne grunt Kyle Brown was the only
one doing time for the Somalia affair. Up to then all officers involved
had escaped punishment leading the public to believe that the military
justice system was harder on enlisted ranks than on commissioned
officers. The Marsaw case was a chance to restore the public's
perception of balance, shaky evidence be damned. The bugger had to walk
In addition to the devestation this conviction has caused Marsaw, an
exemplary officer with an impeccable record, and his family, there is the
wider implication for the country of a military command structure and
justice system that appears to be rotten and corrupt. What kind of an
armed forces do we have? Why would any young Canadian want to serve his
or her country in an organization that can so easily and gladly sacrifice
a rising star like Marsaw to the political needs of the moment? No wonder
forces morale is rock bottom.
[for researchers: there are also other blogs about JAG officers in the
above reference, groups.google.com/g/can.general/c/DLGSLK-4vi8]
Source: Library & Archives Canada (e010857360)
CBC producer Michelle Metivier accepts the 1996
Michener Citation of Merit from Governor General
Romeo LeBlanc on behalf of the fifth estate.
The CBC-TV current affairs program was honoured for ‘On the Beach’, an
investigation into the court martial of Lt.-Comdr Dean Marsaw who was
found guilty of physical and verbal abuse of his crew members aboard the
submarine Ojibwa between 1991 and 1993. He was stripped of his rank and
dismissed from the navy. The report provided evidence which clearly
demonstrated the naval officer was the victim of a frame-up.
The Citation was presented at the annual Michener Foundation award ceremony
held this year at Rideau Hall on May 1, 1997.
24(3&4) The Northern Mariner/Le marin du nord 235-259, available at cnrs-scrn.org/northern_mariner/vol24/tnm_24
[at p. 259]
. Forthcoming book (December 2020) of interest to military lawyers et al.:
- CARVIN, Stephanie, Thomas Juneau, Craig Forcese, eds, Top Secret Canada: Understanding
the Canadian Intelligence and National Security Community, University of Toronto Press,
2020?, 304 p. (series; IPAC Series in Public Management and Governance World Rights),
- all info from https://utorontopress.com/ca/top-secret-canada-2 (accessed 18 October 2020)
. Have you ever heard about Major T. Perrin, Commanding
Officer of the Royal Canadian Infantry Guard (RCIG), Federal
Army Officer (FAO) to the Canadian Military and Senior Member
to the North American Armies and Affiliated Organizations (NAAAO)?
WARNING: You need a developed
sense of humour and intellectual curiosity to read and enjoy this
- Also a pop can drive organized by this fictitious, misleading, and fraudulent Royal Canadian Infantry Guard (RCIG):
(1) It all started with this tweet:
for the twitter account, see https://twitter.com/tklongmire/status/1020357667720593408
(2) the flyer
(3) close-up of the actus reus: (in the study of mens rea, the guilty mind, motives are normally
(4) some of the comments made on reddit:
from and to read the other comments go to reddit.com/r/Calgary/comments/90idu7/
(put on line on 17 October 2020 and
last amended on 23 October 2020)
. Pets, mascots...does the OJAG have a
China! (pronounced with the Trump's accent and intonation) --
A threat to the national security of Canada! [source: detail, amazon.com/RUMOD-
Christmas-Uniform-Halloween-Cosplay/dp/B07HRQVWFY, accessed 15 October 2020]
The bulldog, the initials "H.M.S."... can't think of anyone else but of Winston Churchill!
Every officer in the CF or CAF should read Churchill's Memoirs of the Second
We shall go on to the end. We shall fight in France, we shall fight
on the seas and oceans, we shall fight with growing confidence
and growing strength in the air, we shall defend our island,
whatever the cost may be. We shall fight on the beaches, we
shall fight on the landing grounds, we shall fight in the fields
and in the streets, we shall fight in the hills; we shall never surrender....
(Winston Churchill, the great orator, House of Commons, 4 June 1940)
[source of above image: detail, "Venus, the bulldog mascot of the destroyer HMS Vansittart." © IWM A3998,
atlasobscura.com/articles/weird-war-two-wwii-strange-photographs, accessed 15 October 2020]
LCol Henry Smith, 1894 (later Major-General)
appointed first Judge Advocate General on 1 October 1911.
I have done a lot of research on JAG matters but never
found the name of his pet!
The well-known Persian cat of François Lareau
"Captain P'tit Mine" in 1979 and still keeping an eye on the military! (photo François Lareau).
This photo was put on flickr and taken by Jim Rycroft and is available at flickr.com/photos/xjag/
albums/72157623951146254 and flickr.com/photos/xjag/4431570831/in/album-72157623951146254/ (accessed 16 October 2020);
The adopted mascot in front; this photo was put on flickr by Jim Rycroft and is available at flickr.com/
photos/xjag/4527721693/in/album-72157623951146254/ (accessed 16 October 2020)
Does the OJAG have a mascot? Would it help the morale of its officers?
(put on line 16 October 2020 and last amended 21 October 2020)
. Military law and the law of war in Callot's
Jacques Callot, 1592-1635, (français) (English), source of image:
Jacques Callot, 1592-1635, né à Nancy, duché de Lorraine, L'arbre aux pendus, 1633, gravure, eau-forte, partie de la série
Les Misères et les Malheurs de la guerre [de Trente Ans, 1618-1648]
Image source: sarah-sauvin.com/index.php?option=com_virtuemart&view=productdetails&virtuemart_product_id=249&virtuemart_category_id=28&lang=en
- The Thirty Years' War, 1618-1648, and more precisely the Swedish period 1630-1635
- Location la Lorraine (Callot is from Nancy in Lorraine)
- Execution of mercenaries from the Swedish army
- The text at the bottom of the image is from Michel de Marolles and reads:
À la fin ces voleurs infâmes et perdus,
Comme fruits malheureux à cet arbre pendus
Montrent bien que le crime horrible et noir engeance
Est lui-même instrument de honte et de vengeance,
Et que c'est le destin des hommes vicieux
D'éprouver tôt ou tard la justice des cieux.
Finally these infamous and abandoned thieves,
hanging from this tree like wretched fruit,
show that crime (horrible and black species)
is itself the instrument of shame and vengeance,
and that it is the fate of corrupt men
to experience the justice of Heaven sooner or later.
- Comment by Raissis, Peter, "About Jacques Callot", 2014, available at artgallery.nsw.gov.au/collection/works/DO10.1963.11/:
Callot’s series is less an indictment of war than a moral tale
about the unhappy consequences that befall the undisciplined
soldier. ... Other prints focus on the radical corrections
administered by the military to corrupt soldiers: ...
in another, executed men hang from the boughs of a tree,
the shocking spectacle belied by Callot’s refined touch and the
measured elegance of the composition at large.
[at chapter 25, p. 722]
- Extrait d'un texte "Visite du musée Lorrain", disponible à etudier.com/dissertations/Visite-Du-Musee-Lorrain/71198092.html
La guerre de 30 ans ...correspond aux deux tiers du XVIIème siècle.
Caractérise par l’affrontement entre la puissance des Habsbourg qui à l’époque
doivent faire face à une révolte des princes protestants allemands. Alliés : roi de
Suède et le roi de France. ...
Bande de mercenaires, recrutés et payés pour faire la guerre. Lorraine va être
traversée en permanence par ces mercenaires. Ils incendiaient les villages et les
petites villes qu’ils traversent. La Lorraine va perdre un peu près la moitié de
sa population. Jacques Callot il a laissé un précieux témoignage de la guerre
de cent ans sur notre territoire.
- Extrait de "Guerre de Trente Ans", voir la partie "La période suédoise", disponible à fr.wikipedia.org/wiki/Guerre_de_Trente_Ans#La_p%C3%A9riode_su%C3%A9doise_(1630-1635)
- Voir les commentaires sur Callot au site http://www.sarah-sauvin.comGustave Adolphe [roi de Suède] est un génie militaire48. Il commence par éviter
le combat contre l’armée de Tilly, afin de lui ôter l’initiative. [...] L’armée
impériale est écrasée. Gustave Adolphe poursuit son avancée vers le sud,
combattant à plusieurs reprises l’armée impériale reconstituée. Les pays sillonnés
sont dévastés, les Suédois atteignant la Franconie, l’Alsace, la Lorraine [...].
Loin de condamner les guerres ou de mettre en cause leur légitimité, les Misères ont en
réalité pour thème la discipline des soldats en temps de guerre : « l’œuvre de Callot est
composée pour démontrer combien la discipline des soldats et le respect du territoire
occupé ou conquis doit être le souci constant de ceux qui ont mission de commander les
armées ». (Marie Richard [Jacques Callot, Une œuvre en son temps, Les
Misères et les Mal-heurs de la guerre, 1633, Nantes, 1992], p. 5-6), sarah-sauvin.com/index.php?
Far from criticising wars or casting doubt on their legitimacy, the Misères actually deal
with soldiers’ discipline in wartime: “Callot’s œuvre is calculated to demonstrate how
much the discipline of soldiers and respect for occupied or conquered territories should
be the constant concern of those whose mission it is to command armies.” (Marie Richard
[Jacques Callot, Une œuvre en son temps, Les Misères et les Mal-heurs de la guerre, 1633,
Nantes, 1992], pp. 5-6, our translation), sarah-sauvin.com/index.php?option=com_virtuemart&view=
- Pour aller plus loin sur la Guerre de Trente ans en Lorraine:
Philippe Martin, 1961-, Une guerre de trente ans en Lorraine, 1631-1661, Metz: Ed. Serpenoise,
2002, 383 p., ISBN: 2-87692-550-8; note autre tirage en 2007; livre à lire par moi!
Michel, Guy-Jean et al., Les Misères de la guerre de Trente ans en Lorraine, Marseille : Institut
Coopératif de l'Ecole Moderne, 1975, 40 p.; Cannes : L'Imprimerie à l'école, [s.d.], 40 p. collection:
Bibliothèque de travail. 804; livre à lire par moi aussi!
First detail on the left: an officer showing the executions to the troops -- Deterrence!
Detail of sarah-sauvin.com/index.php?option=com_virtuemart&view=productdetails&virtuemart_product_id=249&virtuemart_category_id=28&lang=en
Military law and the punishments exist to maintain discpline. The officer on the left
is showing the executions to the troops for the deterrent effect of punishment.
The soldiers, thieves, are being punished because they are not supposed to attack civilians.
See Wolfthal, Diane, “Jacques Callot’s Miseries of War” (1977) 59(2) Art Bulletin 59 (June): 222–233, at 232;
to be read by me;
Second detail examined: under the tree: the game of dice
Two persons playing a dice game on a drum
1) Only one will survive! Why? Decimation, a principle from roman
Decimation (Latin: decimatio; decem = "ten") was a form of Roman military
discipline in which every tenth man in a group was executed by members of his
cohort. The discipline was used by senior commanders in the Roman Army to
punish units or large groups guilty of capital offences, such as cowardice, mutiny,
desertion, and insubordination, and for pacification of rebellious legions. The
word decimation is derived from Latin meaning "removal of a tenth".
he procedure was an attempt to balance the need to punish serious offences with
the realities of managing a large group of offenders.
2) The use of dice in swedish criminal law, see the article by Per Binde, Ph.D., Associate Professor, School of Global Studies,
University of Gothenburg, "Games of life and death: The judicial uses of dice in eighteenth
and nineteenth-century Sweden", UNLV Gaming Research & Review Journal, volume 18 Issue 1,
pages 1-23, available at digitalscholarship.unlv.edu/cgi/viewcontent.cgi?article=1300&context=grrj;
Three separate principles can be distinguished in the judicial uses
of throwing dice in eighteenth and nineteenth-century Sweden:
cost-effective deterrence, lottery of pardon, and guilt-revealing
cleromancy. The first principle guided the laws about decimation
and similar practices, while the two other principles applied,
respectively, to the official rationale for and to the unofficial
beliefs about the throwing of dice to decide punishment in cases
of manslaughter with several perpetrators. The judicial dice games
of life and death were not gambling in the proper sense of the term,
as the players were forced to participate. The games, however,
resembled gambling in other respects: dice were used, a game
was played according to particular rules, there were winners and
losers, and while the winners gained something of value (reprieve
from execution) the losers lost something of value (their lives).
Furthermore, perceptions of risk and chance were evoked, the
issue of rationality in decision making was raised, and notions
of luck, fate, and supernatural power were evoked. More generally,
just like modern commercial gambling, the judicial dice games
caught the interest of the public, stimulated the popular imagination,
and were contested politically and ideologically.
Military Law (and Order)The disassociation of soldiers with civilians began in the 16th century, soldiers
were seen less and less as citizens and more and more as separate entities. Armies
therefore adopted the practice of maintaining order with their own laws and judges.
This practice had changed very little by the time of the thirty years war, but the war
itself would extensively evolve military law interpretations well into the 17th and
18th centuries. Simply outlined, the responsibility of maintaining order fell to the
Rules were often bent, for example there was a practice of promising soldiers the
plunder of conquered cities. This in fact was often the only motivation to encourage
soldiers to attack heavily defended fortifications. The same practice was often applied
to enemy territory. This would redefine a more selfish pursuit for wealth, into a
sanctioned plundering. With looting being a crime and plundering being a strategy, a
distinction was mandated. This is an example of one of the many legal paradoxes of
the time. Another example would be that during a campaign, with death a constant
companion, overzealous executions could do more harm than any enemy. What would
the sentence be therefore if there were for example a dozen offenders? To execute them
all would deplete the morale of the unit, as well as cripple its battle readiness. In these
cases it was a common practice to select only a couple exemplary offenders for punishment.
Selection could be decided by chance, or by the fate of game. Severity or leniency could be
decided, for example, in a game of dice. This scene is a classic motive on painting from
this period, it became most “popular” thanks to the engraving by Jacques Callot.
From C. Knutson, "Early Games of Dice", 1999, available at https://i.4pcdn.org/tg/1517098214958.pdf
Condemned soldiers dicing to determine who
will be next. Detail from Jacques Callot's series
of etching entitled "The Miseries of War", 1933.
From: Iris Ridder, University of Dalarna, from "Dicing towards Death: An Oracle Game for Miners at the Falun Copper Mine from the Early Seventeeth Century",
available from http://www.diva-portal.org/smash/get/diva2:853514/FULLTEXT01.pdf
Conclusion: Dicing towards Death
During older times, ecclesiastical jurisdiction, just like secular
courts, used dice for judging where a life was at stake in various
situations,56 as well as for resolving contention and disputes.
In Swedish, we know of the words decimate and decimation,
which are related to the Latin word for ten, decem. Decimation
originally denotes a military punishment frequently used in the
Roman army on military units that had been guilty of mutiny or
cowardice before the enemy. In order not to execute the whole
unit and thereby weaken the army, they chose to execute every
tenth man by letting the lottery decide who would die. Decimatio
as a punishment was used in exceptional cases, and primarily
when it was impossible to find out whom in a group was responsible
for a reprehensible act. Sometimes the lottery was used to choose
every twentieth (vicesimatio) or every hundredth (centesimatio)
soldier for the death penalty, and the others were punished more leniently.
To maintain discipline, particularly in connection with mutiny or revolt,
this punishment was also used in war-related situations after Roman
times, and is also known in the Swedish military history context. Gustav
Adolf decreed decimation as the punishment for desertion or the like
in the Articles of War from 15 July 1621 (article 74). This punishment
was probably used even earlier in Sweden.57
To go further/Pour aller plus loin:
Stollberg-Rilinger, Barbara, "The Throw of the Dice", 2019, see https://onlinelibrary.wiley.com/doi/abs/10.1002/germ.201870306; to be read by me also!
In early modern Europe, many things were decided by casting
lots – from the distribution of assets to punishments and even
elections to public office. When understood as a communicative
process and a symbolic practice of a particular time, this method
of decision‐making also forms part of the mosaic of political
Mia Korpiola and Anu Lahtinen, Cultures of Death and Dying in Medieval and Early Modern Europe, at p. 146,
available at http://www.helsinki.fi/collegium/journal/volumes/volume_18/Death%20and%20Dying%20in%20Medieval%20and%20Early%20Modern%20Europe.pdf
Hans Andersson, 1936-, "Mutinies in the Swedish Army during Three Centuries", see scribd.com/document/31654733/Mutinies-Paper; to be read by me also!
Hans Andersson, Court Martials and Mutinies: Military Legal Culture in Early Modern Europe, Lund : Nordic Academic ; Cardiff : Drake, 2003, 280 p.;
see https://www.amazon.sg/Court-Martials-Mutinies-Military-Culture/dp/918911664X; to be read by me also!What has been the prevailing ethos of law and justice within the military
in Sweden? Defence and the judicial system were extremely important
during the building of the modern state. The basis for both the civil and
the military judicial systems was laid down during the early 17th century.
In many respects, the development of military legal practice preceded
that of civil legal practice. Such as is the case, for example, with the
Karl XI war articles from 1683, which became the basis for the law of
1734. In this anthology the authors have mapped and analysed criminality
and case law in the Swedish military court system between 1600 and 1820.
Emphasis has been placed on what figures were present in the military
courts, how the military and civil judicial systems related to each other,
and what opinions and values on law and justice existed amongst the military.
Callot's influence on Jan van Huchenburg
Jan van Huchtenburg, 1680 - 1720, oil on canvas, 67.5 cm (h) × 76 cm (w) x 8 cm (d)
title of painting varies in English: Dice Game at the Gallows; Casting the Dice for Life or Death; the dice game for life,
image source: pixels.com/featured/dice-game-at-the-gallows-jan-van-huchtenburg-litz-collection.html
and text at www.alamy.com/casting-the-dice-for-life-or-death-the-dice-game-for-life-two-prisoners-dice-on-a-drum-outside-a-
Research on Callot leads us to the "Drum-Head Court Martial" --
see our blog hereunder of 30 July 2019.
A Drum-Head Court Martial, 1861-11-30, Civil War Era Collection, U.S.A., Special Collections
and College Archives, Gettysburg College.
"Description: A court martial is performed for a captured deserter, but all involved have heads
or bodies that are drums. Many court martials were initiated or called simply to prove a point
to the green armies. It was a show of noise so that all soldiers knew the consequence of desertion."
[source: gettysburg.contentdm.oclc.org/digital/collection/p4016coll2/id/143/, accessed 30 July 2019]
(put on line on 12 October 2020; amended 16, and 18 October 2020)
image source: qqcitations.com/citation/102076
. Will the JAG submit its independent review under
section 273.601 of the NDA on time (at the latest on 1 June 2021)?
(put on line for this blog on 7 October 2020)
. I got a
link for a rare document on military law!
With the help of my MP office, David McGuinty, Liberal, Ottawa South, his executive assistant Jenny Hooper and the Parliamentary Library, I was able to find the digital link for the following rare document:
PARLIAMENT, House of Commons, Special Committee on Bill No. 133 An Act Respecting National Defence, Minutes of Proceedings and Evidence: Special Committee on Bill No. 133 on Act Respecting National Defence, Ottawa: Edmond Cloiutier, King's Printer, 1950; eight numbers, No. 1 dated 23 May 1950 to No. 8 dated 6 June 1950, 360 p.; NOW AVAILABLE at http://parl.canadiana.ca/view/oop.com_HOC_2102_3_1/1?r=0&s=1, accessed on 24 August 2020.
Among the witnesses who testified at that Special Committee were:
Commander P.H. Hurcomb, Judge Advocate of the Fleet; Brigadier
W.J. Lawson, E.M., Judge Advocate General; Wing Commander H.A.
McLearn, Deputy Judge Advocate General (and a future JAG);
Major J.H. Ready, Assistant Judge Advocate; Major W.P. McClemont,
K.V., E.D., Assistant Judge Advocate General; and Mr. C.M.
Drury, CBE, DSO, ED, Deputy Minister of National Defence.
(put on line for this blog on 25 August 2020)
. Le Directeur de poursuites militaires v. Le juge militaire en chef adjoint, Cour fédérale, numéro T-1151-19, 2019
- Avis de demande, No. T-1151-19, 16 juillet 2019; disponible à http://www.lareau-legal.ca/Dutil26July2019.pdf, demande de certiorari et de mandamus concernant la décision du juge D'Auteuil et son jugement dans l'arrêt de la cour martiale du juge en chef Mario Dutil;
- Affidavit de Larry Langlois, disponible à http://www.lareau-legal.ca/AffidavitLanglois2019.pdf;
. Military Art: The "Drum-head court-martial"
. Clause by clause analysis of Bill C-77, An Act to amend the National Defence Act....
A Drum-Head Court Martial, 1861-11-30, Civil War Era Collection, U.S.A., Special Collections
and College Archives, Gettysburg College.
"Description: A court martial is performed for a captured deserter, but all involved have heads
or bodies that are drums. Many court martials were initiated or called simply to prove a point
to the green armies. It was a show of noise so that all soldiers knew the consequence of desertion."
[source: gettysburg.contentdm.oclc.org/digital/collection/p4016coll2/id/143/, accessed 30 July 2019]
The meaning of a drum-head court martial, see:
Source: Chambers's Encyclopaedia: A Dictionary of Universal Knowledge, Volume 4,
1889, at p. 97, available at https://books.google.ca/books?id=qZtAAAAAYAAJ&pg=PA97&lpg=PA97&dq=%22drum-head+court+martial%22
AhWrUt8KHdNPBxkQ6AEwCXoECAYQAQ#v=onepage&q=%22drum-head%20court%20martial%22%20meaning&f=false, accessed 30 July 2019
(put on line on 30 July 2019)
Images ajoutées subséquemment: le 11 octobre 2020
More on the meaning of a drum-head court martial:
YouTube go to https://www.youtube.com/watch?v=NpWCC29kamg
A drumhead court-martial is a court-martial held in the field to hear urgent charges of
offences committed in action. The term sometimes has connotations of summary justice.
The term is said to originate from the use of a drumhead as an improvised writing table.
Charles Hunt the Younger, 1829-1900, A drumhead court martial 1871, oil, 71 x 91 cm. (28 x 35.8 in.),
image source: artnet.com/artists/charles-hunt-the-younger/the-court-martial-kYz-TCPA1e93RkOVwKwfGw2, accessed 9 October 2020.
Charles Hunt the Younger, 1829-1900, The Court Martial 1872, oil, 61.3 x 91.8 cm. (24.1 x 36.1 in.,
image source: artnet.com/artists/charles-hunt-the-younger/the-court-martial-kYz-TCPA1e93RkOVwKwfGw2, accessed 9 October 2020.
John Pettie, 1839-1893, born in Scotland, The Drumhead Court Martial, Sheffield Museums
DEPARTMENT OF NATIONAL DEFENCE, Amendments to the National
Defence Act, Bill
C-77, An Act to amend the National Defence
Act and to make related and consequential amendments to other
Acts -- Clause by clause analysis, 423 p., obtained by
François Lareau under Access to Information Act, answer
to Department of National Defence, Access to Information and
Privacy, File A-2018-01698, dated 21 February 2019; put on line
on 27 February 2018, followed by the French version--suivi de la
version française: FRENCH VERSION FOLLOWING
ENGLISH VERSION ---FRANCAIS À
LA SUITE DE LA VERSION ANGLAISE :
MINISTÈRE DE LA DÉFENSE NATIONALE, Modifications à la Loi sur la défense nationale, Projet de loi C-77 -- Loi modifiant la Loi sur la défense nationale et apportant des modifications connexes à d'autres lois-- Analyse article par article, 423 p.; texte obtenu par François Lareau suite à une réponse sous la Loi sur l'accès à l'information, Ministère de la défense nationale et de la vie privée, dossier A-2018-01698, daté le 21 février 2019; mis en ligne à http://www.lareau-legal.ca/A-2018-01698.pdf le 27 février 2019;
(put on line 27 February 2019)
. What will the public know about military law
and the trial of Colonel Dutil?
Captain "ptit mine", , told me to write to the 4 independent authorities at JAG about the proceedings regarding Colonel Dutil:
(put on line on 18 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
[Subsequent research note, see: "Décision sur la demande en récusation formulée par
l'accusé [le juge en chef, le colonel Mario Dutil] à l'égard du juge militaire
[le lieutenant-colonel Louis Vincent D'Auteuil] président la cour martiale",
disponible à M. Dutil (Colonel ), R. c., 2019 CM 3003 (CanLII),
<http://canlii.ca/t/j120t> (consulté le 20 juin 2019)]
Pressing (and holding) the Ctrl key and scrolling
the wheel of the mouse allows to zoom in or out of the web page being viewed
. Appeal to the Supreme Court of Canada -- Beaudry-- recent documents- copyright notice Francois Lareau received from the SCC at the same time, he got these 5 court's documents of Beaudry on 3 October 2013, available at http://www.lareau-law.ca/Beaudry6.pdf
- 2 October 2018, Col. MacGregor's letter in reply to the
response of Mr. Beaudry's lawyers to his Motion to join cases and
abridge time, available at http://www.lareau-law.ca/Beaudry4.pdf
- 1er octobre 2018, Réponse par lettre des avocats de M. Beaudry à la requête pour joindre les dossiers et abréger les délais, disponible à http://www.lareau-law.ca/Beaudry2.pdf
- 28 septembre 2018, Réponse des avocats de M. Beaudry sur la
requête en sursis d'exécution du jugement sous appel, disponible à
- 21 September 2018, Notice by Col. MacGregor of a Motion to a Judge -- Request to Suspend the Declaration of Invalidity, available at http://www.lareau-law.ca/Beaudry1.pdf
- Beaudry v. R., 2018 CMAC 4 (CanLII), <http://canlii.ca/t/hv7bf>, 19 September 2018
- SCC Docket Beaudry case number 38308, at https://www.scc-csc.ca/case-dossier/info/dock-regi-eng.aspx?cas=38308
- Section 65.1 of the Supreme Court Act
- Rule 47 of the Rules of the Supreme Court of Canada
(put on line on 4 October 2018)
Image source: http://www.forces.gc.ca/assets/FORCES_Internet/docs/en/jag/jag-annual-report-11-12.pdf, at p. 15
Pressing (and holding) the Ctrl key and scrolling the
wheel of the mouse allows to zoom in or out of the web page being viewed
. Justice Cromwell the magician with wordsFurther to my blog of 28 May 2018, I have come across James Omran's article "Honoring Justice Cromwell", at juris-diction.ca/honouring-justice-cromwell-notes-on-a-life-in-law/, where the author writes:
Now in Moriarity, it was even better, Justice Cromwell just intentionally omitted to give any meaning to the word "directly" in Justice Lamer's statement in Généreux that “[t]he purpose of a separate system of military tribunals is to allow the Armed Forces to deal with matters that pertain directly to the discipline, efficiency and morale of the military.”The symposium included 5 speakers who spoke various aspects of Cromwell’s work. .... This was followed by our
own Professor Lisa Kerr, who spoke to his contributions in the area of public interest standing. Kerr noted that
Justice Cromwell had accomplished what she referred to as a “judicial fantasy” – which is to say that he made a
significant change to the law whilst simultaneously appearing to do nothing at all – by reformulating the test for
public interest standing despite changing only two words.
. JAG Business Plans for Fiscal Year 2018-2019 and 2017-2018
OFFICE OF THE JUDGE ADVOCATE GENERAL:
- JAG Business Plan Fiscal Year 2018-2019; and
- JAG Business Plan Fiscal Year 2017-2018;
[obtained under DND Access to Information Act Request file A-2018-00334, letter dated 12 June 2018; put on line at http://www.lareau-legal.ca/A-2018-00334.pdf on 16 June 2018]
. Une caricature de 1919
"La discipline militaire", Le canard, Montréal, dimanche, 28 septembre
1919, 43e année, numéro 6, p. 14, BAnQ, Collection nationale, MIC A946
source: erudit.org/fr/revues/cdd/2016-n70-cdd02912/1038746ar.pdf, consulté 6 juin 2018
. At the Stadacona Chapel in Halifax on 18 December 1976This old photo is still in one of my albums:
I got married on that day! From the left:
Capt Bill Fenrick, my best man and one of my witnesses,
me and Gisèle Bellemare, a captain and nurse in the CF.
P.S.: yes I am still married with Gisèle!
. Is the SCC Moriarity decision a good decision? -- Part II have questions about the decision. Here are some of them:
(put on line 28 May 2018)
Chief military Judge Mario Dutil
Image source: thelawyersdaily.ca/articles/5770/chief-military-judge-dutil-facing-new-allegations-
. Who is the commanding officer of military
judges with respect to discipline?
On 19 Januarty 2018, the CDS has designated the officer
"appointed to the position of Chief of Programme (C Prog) and who
holds a rank not below Major-General/Rear-Admiral, to exercise the
powers and jurisdiction of a commanding officer with respect to
any disciplinary matter involving a military judge on the strength
of the Office of the Chief Military Judge", see the following
documents: Ministerial Organization Order, Canadian Forces
Organization Order and Designation of Commanding Officers,
documents obtained by François Lareau with Letter (file
A-2017-01754) dated 23 March 2018 from the Director, Access to
Information and Privacy; available at http://www.lareau-law.ca/ChiefMilitary2Judge.pdf
(put on line on 2 April 2018);
(put on line 2 April 2018)
. Who will be the next Judge Advocate General? The current JAG retires in late June 2017
I don't think that Létourneau was happy with the tenure of Cathcart as JAG:
Toute bonne chose a une fin
All good things must come to an end. This is also true of bad things. According to
critics and observers of military justice, it appears that the appointment of the current
Judge-Advocate General of the Canadian Armed Forces was the appointment of the
wrong person, at the wrong position, at the wrong time. Due to leave his position in
this coming June, it is hoped that the new incumbent will be open to the important
changes that have been made in recent years with success and without prejudice to
the need for good order and discipline in the military.
[Gilles Létourneau dixit in a recent blog, 11 May 2017]
Cathcart has also recently responded to the criticism:
“Our Canadian system of military justice is world class” ...
Blaise Cathcart told The Lawyer’s Daily. Cathcart said
countries like Australia and New Zealand look to Canada
as a leader on military law and justice.
Before Cathcart departs, he said he will deliver to the Defence
minister his recommendations for improving the efficiency,
effectiveness and legitimacy of Canada’s court martial system,
based on the results of a statutorily mandated comprehensive
internal legal and policy review by the Office of the JAG that
began last summer.
“It’s the legitimacy piece that is sort of my main focus ... because
of what I think is a small, but vocal, criticism that ‘We’re not legitimate.
We’re second-rate. We’re rinky-dink,’” the JAG said. “It’s false.”
[Cristin Schmitz, "Canada's outgoing judge advocate general fires back
at critics", 7 May 2017]
(posted 12 May 2017)
. Courts martial have a long history in this
Photo and text from the book:L. FIORILLO [the photographer] Court martial in Alexandria after the
bombardment. July 1882. The army rebellion of 1881 led by
Arabi Pasha against the Anglo-French Condominium
administering Egypt quickly gathered force, and, in the face
of widespread violence against Europeans in Alexandria, a
British fleet under the command of Vice Admiral Sir
Frederick Beauchamp Seymour commenced a ten hour
bombardment of the city on July 11 1882. After the destruction
of the waterfront fortifications and the retreat of Arabi Pasha's
army, marines landed in the city to restore order, with
instructions that looters were to be flogged and incendiaries
caught in the act were to be shot. The photographer L.
Fiorillo afterwards issued a volume of photographs entitled
Album souvenir d'Alexandrie: Ruines, a grim record of the havoc
wreaked by the bombardment.
(posted 8 April 2017)
. Are you interested in military comparative
Law (from the land of TRUMP)?
U.S.A., Department of the Army et al., Legal Support
to Military Operations, Joint Publication 1-04, 2 August
2016; available at tjaglcspublic.army.mil/documents/27431/95918/JP+1-04%2C+Legal+Support+to+Military+Operations.pdf/a92afdf8-0037-4328-a02e-8a8dc8069995,
(accessed 7 April 2017); and
USA, Department of the Army, Headquarters, FM-1-04, Legal
Support to the Operational Army, available at tjaglcspublic.army.mil/documents/27431/95918/FM+1-04%2C+Legal+Support+to+the+Operational+Army.pdf/f7b48c72-c3a4-4aee-a475-e24613ddb0f8
(accessed 7 April 2017)
(posted 7 April 2017)
.. Do you know your military history -- British and Canadian?
unknown; photo source: en.wikipedia.org/wiki/John_Byng#/media/File:The_Shooting_of_Admiral_Byng%27_(John_Byng)_from_NPG.jpg)
On 14 March 1757, Admiral John
Bying was executed following his court martial
The Admiral was the great-great-great-uncle of the Governor
General of Canada Viscount
Bying of Vimy:
(posted 31 March 2017)
Le Radeau de la Méduse / The Raft of the Medusa, huile/oil, 1818-1819
par/by Théodore Géricault
. DND/CF could
kill innocent Canadians...where is the
My comments come after reading the article of Kristen Everson, "Classified documents reveal crucial moments in response to 9/11-style attack: Authorities would have just minutes to decide whether to shoot down a hijacked plane", CBC News/Politics, 1 March 2017, available at http://www.cbc.ca/news/politics/sept-11-classified-documents-airline-attacks-1.4011750
Now....Imagine a Canadian aircraft with more than 100 Canadian
passengers hijacked by an armed insane person. The intent of
the mad hijacker is to crash the aircraft in the House of Commons
building....the order is given to shoot the aircraft down...
This is a well known subject for lawyers interested in a General Part of a modern Criminal code. Most of the aspects of the problem fall under the discussion of the defence of necessity. In 1984, the Supreme Court of Canada dealt with that defence (duress as an excuse being a form of necessity as an excuse) in the Perka decision. On the work on the General Part, see Chronology -- Towards a Modern General Part of a New Criminal Code?
In 2010, Colonel Rob Holman, Office of the Judge Advocate General
wrote a thesis
-- Law Enforcement, the Rogue
Civil Airliner and Proportionality of Effects: An Analysis of
International Human Rights Law -- touching on this topic.
The defence of necessity is still a matter that remains to be
codified under the leadership of the Department of Justice Canada.
(posted 24 March 2017; amended 7 May 2019)
. Know more
about the law for Prisoners of War
National Defence, Prisoner of War Handling Detainees and Interrogation & Tactical Questioning in International Operations, B-GJ-005--110/FP-020, dated 2004-08-01, available at http://www.lareau-legal.ca/A-2015-00720.PDF (put on the internet on 7 March 2017); obtained as a result of an Access to Information Act request, National Defence, Access to Information and Privacy letter, 19 January 2017, file A-2015-00720 (put on the internet on 7 March 2017), see http://www.lareau-legal.ca/ATI-2015-00720.pdf;
(posted 9 March 2017)
. Training Plan, Legal Officer Qualification and Master Lesson Plan
(Posted 22 February 2017)
Il y a un endroit où un citoyen canadien peut être envoyé en détention pour 30 jours, par quelqu’un qui n’est pas juge,
sans être représenté par avocat et sans avoir un véritable droit d’appel. Il s’agit du système de procès sommaire des Forces
armées canadiennes. La présente thèse analyse ce système et suggère des réformes. Elle est destinée à ceux ayant un intérêt
d’améliorer l’administration de la justice militaire au niveau des unités mais veulent suffisamment saisir les enjeux avant de
Selon une approche juridique classique, aidée d’éléments d’histoire du droit et de droit comparé, la présente recherche
débute en fixant la justice militaire dans l’espace juridique canadien. Le chapitre introductif explique également les concepts
fondamentaux, au premier chef le maintien de la discipline, notion plus large pour laquelle le procès sommaire est un outil
de dernier recours. Le deuxième chapitre décrit le système actuel. Un aperçu de son évolution historique est d’abord présenté.
Ensuite, chaque étape du processus est démystifiée, de l’enquête à la révision.
Dans le troisième chapitre, les violations potentielles à la Charte sont identifiées, mettant l’accent sur celles posant
le plus grand risque constitutionnel: le manque d’indépendance judiciaire, l’absence de transcrit de l’audition, l’insuffisance
du droit à l’avocat et la disparité de traitement entre les grades. Le quatrième chapitre présente les alternatives qui ont
été adoptées pour faire face à des défis analogues. Ces alternatives proviennent tant des Forces canadiennes que de juridictions
militaires étrangères de pays de common law et de droit civil.
Le cinquième chapitre analyse si ces violations ne pourraient pas être néanmoins justifiées dans une société libre et
démocratique. Sa conclusion est que, en présence d’alternatives raisonnables, il serait difficile de convaincre un juge que le
système actuel constitue une limite légitime aux garanties judiciaires.
Le dernier chapitre présente des options pour faire face à ces défis. D’abord, un regard critique est porté sur la première
approche, celle de la ‘dépénalisation’, adoptée par le gouvernement dans le récent projet de loi C-71. Ensuite, des mesures sont
recommandées pour mettre en œuvre la seconde approche, celle de la ‘judicialisation’. Ces mesures ne visent pas qu’à renforcer
la constitutionnalité du système, mais plus encore d’améliorer l’administration de la justice militaire dans un souci de promouvoir
les droits des militaires.
Copyright © Pascal Lévesque, 2016
There is a place where a Canadian citizen can be sent to 30 days detention, by someone who is not a judge, without being
represented by counsel, and without having a meaningful right to appeal. It is the summary trial system of the Canadian Armed
Forces. This thesis analyses that system and suggests reforms. It is aimed at those who have an interest in improving the administration
of military justice at the unit level but want to sufficiently understand the issues before doing so.
Through a classic legal approach with elements of legal history and comparative law, this study begins by setting military
justice in the Canadian legal firmament. The introductory chapter also explains fundamental concepts, first and foremost the broader
notion of discipline, for which summary trial is one of the last maintaining tools. Chapter II describes the current system. An overview
of its historical background is first given. Then, each procedural step is demystified, from investigation until review.
Chapter III identifies potential breaches of the Charter, highlighting those that put the system at greater constitutional risk:
the lack of judicial independence, the absence of hearing transcript, the lack of legal representation and the disparity of treatment
between ranks. Alternatives adopted in the Canadian Armed Forces and in foreign jurisdictions, from both common law and civil
law traditions, in addressing similar challenges are reviewed in Chapter IV.
Chapter V analyses whether the breaches could nevertheless be justified in a free and democratic society. Its conclusion
is that, considering the availability of reasonable alternatives, it would be hard to convince a judge that the current system is a
legitimate impairment of the individual’s legal rights.
The conclusion Chapter presents options to address current challenges. First, the approach of ‘depenalisation’ taken by
the Government in recent Bill C-71 is analysed and criticised. The ‘judicialisation’ approach is advocated through a series of
16 recommendations designed not only to strengthen the constitutionality of the system but also to improve the administration
of military justice in furtherance of service members’ legal rights.
Copyright © Pascal Lévesque, 2016
As well, Stein and Lang report that the Canadian Forces’ Judge Advocate General was of the
opinion that in escorting American shipping bound for Iraq, Canada was in danger of being
considered a belligerent in the conflict. They also report that he was “not very popular” with
the CDS as a result. General Henault has subsequently confirmed that he was less than satisfied
with JAG's interpretation as he wished to continue having Canada command TF 151. He also
noted that the contributing navies continued to support TF 151 and Canada’s command of same. ....
Subsequently, and entirely in accordance with the Chief of Defence Staff’s
wishes, the issue was indeed brought to the Prime Minister’s [Jean Chrétien's] attention where
he made the final decision to continue Canada’s command of the Task Force. Anecdotally, the Prime
Minister is reported to have acknowledged the legal complexity of the issues, stating that
they could bring in twenty lawyers and divide them into two teams to resolve the issue whereupon
they would argue for several years. Alternatively, he was prepared to make a decision right now
and did so in favor of continuing Canadian command of Task Force 151.
[Source: LEHRE, Eric J., 1949-, Canada-US Military Interoperability at what Cost Sovereignty?,
thesis submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy, Dalhousie
University Halifax, Nova Scotia, August 2012, at p. 289.]
"Canada's foremost historical illustrator and muralist, C.W. Jefferys was also
a pioneer in Canadian landscape painting, whose advocacy of a genuine native
style and subject-matter helped lay the groundwork for the Group of Seven
and their followers. Born in England, he worked in New York as a newspaper
artist-reporter in the 1890s, returned to Toronto in 1901, and devoted the rest
of his life to the depiction of his adopted country's history and geography."
(Stacey, Robert, 1949-, National Gallery of Canada, C.W. Jefferys, Ottawa : National Gallery of Canada, 1985, 94 p. : ill. (some col.); 23 cm. SERIES:
Canadian artists series; 10. NOTES: Issued also in French under title/aussi publié en français sous le titre: C.W. Jefferys. Bibliography: p. 93-94, ISBN:
0888845294, ISSN: 0383-5405)
"This war print and the related portrait will beThe war prints are for sale.
exhibited for the first time in U of Calgary show
July 4-Oct 30, 2016 being installed now at FOUNDERS'
GALLERY, The Military Museums as two of
44 large CF related works by me on the Afghan War."
(Gertrude Kearns, email sent to François Lareau, 19 June 2016;
see new 2016 Calgary show, click on UPCOMING EXHIBITIONS:
. A thesis written by Sean Bruyea that should be worth reading!Une Commission pour une institution militaire UDU
La Commision s'était donnée comme objectif de proposer des
réformes qui aideraient les Forces canadiennes à améliorer leur fonc-
tionnement ainsi que leur système de justice qui nécessitait des
réformes majeures pour pouvoir se conformer aux exigences de la
Charte canadiennes des droits et libertés sous peine de se voir opposer
des déclarations d'insconstitutionnalité.
Mais malheureusement il leur fallait passer par l'exercice difficile
et irritant de se faire dire publiquement leurs lacunes et leurs manque-
ments avant de pouvoir passer à l'étape suivante. Car passer à celle des
réformes sans au préalable bien identifier et cerner les problèmes équi-
vaut à ériger un château de cartes sur une plage de sable. En outre,
c'était la première fois que les Forces canadiennes devaient se sou-
mettre à une enquête publique menée par des civils. On ne pouvait tout
de même pas, dans les présentes circonstances où l'institution et même
le gouvernment qui la défendait avaient perdu la confiance du public,
pousser l'indécence jusqu'à demander à des militaires d'enquêter sur
eux-mêmes, ce qu'ils font généralement avec leurs commissions d'en-
La Commision s'est très vite aperçue que, contrairement à ce
qu'on lui avait dit, elle faisait et ferait affaire du début jusqu'à la fin, et
même plus, avec une institution militaire UDU, c'est-à-dire Unwilling,
Deserving et Ungrateful. Unwilling: elle n'était pas disposée à colla-
borer. Deserving: elle a récolté et mérité ce qu'elle a semé. Ungrateful:
malgré tous les efforts et l'immense travail que la Commision a accom-
plis pour son bénéfice, elle n'a fait preuve d'aucune gratitude. Au contraire.
[Gilles Létourneau, 1945-, Combattre l'injustice et réformer, Montréal:
Wilson & Lafleur, 2015, xiii, 171, [xx] p., à la page 113, ISBN: 978-2-89689-294-5]
(mis en ligne le 16 mai 2016)
Minister Hehr and former Minister O'Toole do have one thing in common: they employ
the same bureaucratic rhetoric about “treating veterans with care, compassion, and respect”.
For Canadian citizens who are willing to wear a military uniform and far too often die
defending rights like freedom of expression, rhetoric without substance is demeaning enough.
Having a former general and federal government representative chair a group of often
marginalized individuals highly indoctrinated to be subservient to authority is truly a farce of a
most un-Canadian kind. [Sean Bruyea, "Veterans Affairs holds 'stakeholder summit' but is it just
a dog and pony show?", Ottawa Citizen, 9 May 2016]
Mr. Bruyea’s public ethics thesis, which he hopes will be published as a book, looks at the conditioning required
of soldiers, sailors and air force men and women to make them part of the cohesive and unquestioning collective
that is the Canadian military – and the jarring loss they experience when they leave it. [Gloria Galloway, "Veterans'
advocate Bruyea defends master's thesis on soldier transition, The Globe and Mail, 28 March 2016]
Asked after court if the decision means his status at RMC will be reinstated and his graduation permitted, Maj. David Hodson, one-half of Whitehead's defence team,
said "that would be the right and honourable thing to do."
But both he and Maj. Edmund Thomas, the other half of the defence team, said it's up to RMC to make that decision.
"Officer Cadet Whitehead should not be punished for an acquittal," Hodson added. But he said the role of the lawyers and military judge Lt.-Col. L.V. d'Auteuil in the matter has now ended.
In his decision, Lt.-Col. d'Auteuil noted that "the prosecution's case relies, more than anything else, on the testimony of the two complainants." He also emphasized that the burden of proving
beyond a reasonable doubt that Whitehead sexually assaulted the women in September and October 2013, respectively, and that there was no consent, lay entirely with the Crown prosecution
team of majors Maureen Pecknold, Annie-Claude Samson and Jeff Peck: "That never changes," he observed. [from Sue Yanagisawa's article]
Les blessures psychiques ont été présentes au détour de chacun des conflits qui ont jalonné l’Histoire. La première partie de ce travail porte sur la découverte de la
névrose traumatique, sa perception dans le cadre militaire, et sur la distinction qui existe entre l’approche psychanalytique européenne centrée sur le trauma et l’entité
américaine qui s’est imposée pour se fonder essentiellement sur le stress. Les législations canadiennes et françaises qui encadrent le vétéran et l’ancien combattant
atteint de psychosyndrome traumatique vont constituer le sujet de la seconde partie. L’historique du cadre juridique contemporain ; les étapes de la demande d’indem-
nisation avec leurs caractéristiques et leurs écueils respectifs ; les notions de preuve et d’imputabilité, enfin les particularités de l’expertise médicale sont présentées selon
la perspective propre à chaque pays. Des sujets variés issus d’une trame commune qui, relatant l’expérience du vétéran blessé psychiquement pour lequel l’exercice de son
droit à réparation prend l’allure d’un second combat, vont permettre de déterminer si, au-delà de la reconnaissance de l’institution ou des attentes déçues, la législation
actuelle encadre de manière satisfaisante – ou pas – le droit à réparation. (source: http://savoirs.usherbrooke.ca/handle/11143/6023?show=full, visité 20 avril 2016)
See also the Backgrounder at news.gc.ca/web/article-en.do;jsessionid=5707c0fc715daea6051011196782a975a42599ac55d342bd9212fe836cd63069.e38RbhaLb3qNe3aQc3n0?mthd=tp&crtr.page=1&nid=1050209&crtr.tp1D=930A weekly sitrep was sent from theatre on 3 October 06 advising the acting CEFCOM LEGAD, LCdr Leveille, that possible sexual assaults
of minors were taking place in theatre and that a CF policy review was required. LCdr Leveille claims to have forwarded the emails to Cdr
Archer, and discussed their contents with her shortly after her return from annual leave in 2006 but she informed the Board that she was not
advised until the BOI document search began in June 2008. Despite a significant effort, the BOI was not able to resolve this conflicting
testimony. However, it is clear that information on potential sexual abuse was in CEFCOM Headquarters in October 2006 and this information
was not passed to either the JAG or CEFCOM chains of command for review or action. [NATIONAL DEFENCE AND BOARD OF INQUIRY,
"Board of Inquiry – Allegation of assault of a civilian by Afghan National Security Forces and the Canadian Forces response to such incidents
(Redacted)", available at http://forces.gc.ca/en/about-reports-pubs-boards-inquiry/ptsd-exec-summary.page (accessed 13 April 2016)]
(posted in April 2016)--------------
Bill Graham, left, with MGen Jerry Pitzul, JAG,
at JAG Annual Mess Dinner, 27 October 2005
(image source: (2006) 1 JAG Les actualités --
- Bill Graham, 1939-, born in Montreal
Lawyer, professor of law, former liberal minister of National Defence (July 2004 - February 2006), former minister of Foreign Affairs (January 2002-July 2004),
former acting Liberal Party Leader (March 2006 - December 2006) -- see http://www.lop.parl.gc.ca/ParlInfo/Files/Parliamentarian
Speech of Bill Graham to the JAG Annual Mess Dinner (source: GRAHAM, Bill, "[Address of] The Honourable Bill Graham, P.C., M.P. Minister of National
Defence, L'Honorable Bill Graham, P.C., M.P. Ministre de la défense nationale [to the] Office of the JAG Annual Mess Dinner, Royal Canadian Air Force
Officers Mess, 27 October 2005, Ottawa, Ontario, Dîner régimentaire annuel du Cabinet du JAG, Mess des Officiers de la Force aérienne, 27 octobre 2005,
Ottawa, Ontario", (2006) 1 JAG Les actualités -- Newsletter 22-24;
From the left: Gen Hénault, CDS, BGen Jerry Pitzul, JAG and
Col (Ret'd) Arthur MacDonald, 1 October 2002 on the book
launch of Art MacDonald's book Canada's Military Lawyers,
(image source: JAG Newsletter/Les actualités du JAG,
volume 1, 2003, p. 3).
- Raymond Hénault, 1948-, born in Winnipeg, Chief of the Defence Staff (June 2001-November 2004), see Wikipedia
General Henault also indicated that the Judge Advocate General (JAG), Brigadier-General Jerry Pitzul, played a particularly important internal role:
“Jerry was as consistent and as honest as you could get in that respect. There was no arm twisting that he would allow.” While there is a danger of
exaggerating, the fact is the JAG enjoyed very powerful influence over military plans by virtue of his unchallengeable ability to determine what was
legal and what was not. This was reinforced by the fact that the Chief of Defence Staff was not his only boss. Rather, the JAG was also responsible for
providing legal advice to the Defence Minister and Governor-General and thus enjoyed a certain independence, and with that a level of freedom from
"arm twisting." (footnotes omitted; p.188).
(source:LEHRE, Eric J., Canada-US Military Interoperability at what Cost Sovereignty?, submitted in partial fulfillment of the requirements for the
degree of Doctor of Philosophy, Dalhousie University Halifax, Nova Scotia, August 2012, xviii, 441 leaves, at p. 188; available at
https://dalspace.library.dal.ca/bitstream/handle/10222/15306/Lerhe,%20Eric,%20PhD,%20POLSCI,%20Oct%202012%20D.pdf?sequence=5 (accessed 9 April 2016).
Thank you Mr. Drapeau!Michel Drapeau Law Office, ed., Winds of Change: Conference and Debate on Canadian Military Law, [Ottawa:] Michel Drapeau Law Office, 2016,
102 p., NOTES: Conference held at the University of Ottawa, 13 November 2015; "For the first time an international academic conference on military
law was held in Canada at the University of Ottawa with the focus on reform and comparative law" (Gilles Létourneau, Preface, p. 7); "(Organizing
Committee for the Conference: Michel W. Drapeau, Joshua M. Juneau, Walter Semianiw and Sylvie Corbin)"; available at
mdlo.ca/wp-content/uploads/2016/01/2015-Conference-Proceedings.pdf (accessed 20 January 2016);
Judge Advocate-General During the year ending March 31, 1921, 168 courts-martial were held in Canada, of which 13 were General courts-martial, and the remainder District. By Army Order 137 of 1920, authority was granted to the Judge Advocate-General at the War Office to transfer to such officers in the overseas Dominions as might be appointed by the respective Governors General the proceedinge of courts-martial held overseas for the trial of members of the Military Forces of that Dominion, and by an Order in Council of June 15, 1920 (P.C. 1341), the Judge Advocate-General at Ottawa was authorized by the Governor-in- Council to receive the oourt-martial pro- ceedings held overseas for the trial of members of the Canadian Expeditionary Force, and arrangements were made through the Overseas Detachment, C.E.F., for the transfer to Canada of tiiese proceedings, which amounted to about 16,000. These are now at Militia Headquarters and are available for reference. At the beginning of the year covered by this report there were in England 14 other ranks and one officer undergoing sentences of penal servitude and imprisonment awarded by the civil courts, and nine other ranks undergoing sentences awarded by courts-martial. Of the former two other ranks have completed their sentences and their cases have been disposed of, and, of the latter, one has completed his sentence and the case disposed of. The Judge Advocate-General was engaged in preparing material and giving evidence before the Special Committee of the House of Commons on Pensions and Soldiers' Civil Ee-establishment during the session of 1920, and certain important amendments to the Militia Pension Act and the Pension Act with regard to the payment of pensions under both Acts were approved by the Special Committee and passed by Parliament. The Judge Advocate-General acted as legal advisor to the Overseas Ministry in Ottawa whilst that Ministry was winding up its affairs, and, since the Ministry has ceased to function, all claims of a legal nature which concern the Overseas Ministry are referred to this office. The normal number of leases and agreements which this office prepares was materially increased by reason of the fact that a large number of leases and agreements in which the Crown, through the Minister of Militia and Defence, was a party were cancelled owing to the fact that it was decided that all properties possible should yield a rental based on a fair valuation of the same, rather than a nominal rental, with the result that new leases or agreements in respect to these properties had to be prepared. Owing to the large number of retirements to pension in cases of members of the Permanent Active Militia consequent upon the reorganization thereof, opinions with regard to the interpretation of certain portions of the Militia Pension Act were required, and, in addition, a number of the cases had to be referred to the Deputy Minister of Justice, all the material and the letter of reference being prepared by the Judge Advocate-General. The Judge Advocate-General, further, assisted the Department of Justice in a number of cases where actions were brought against the crown in respect of pay and allowances and pension. Pursuant to Routine Order 1736 of 1919, 44 dishonoured cheques, mess accounts, etc., aggregating $1,746.11 have been collected. The issue in March, 1920, of the new Pay and Allowance Regulations added to the work of this office, as owing to changing conditions, numerous amendments were required, most of which were submitted to this office.
During the year ending March 31, 1922, 74 courts-martial were held in Canada, all of which were district courts-martial. This is a decrease of over 50 per cent compared with the number of courts-martial held during the preceding year, and indicates a consequent improvement in discipline. On the other hand, however, the numerous amendments which were made to the Rules of Procedure and the Army Act in the latter part of 1920 were, in a number of instances, not fully understood by officers who from time to time were members of courts-martial, or by officers respon- sible for the administration of military law in the various districts. The result was that a very large number of these courts-martial proceedings had to 'be returned for correction of technical irregularities, and, in some cases, for the quashing of the finding and sentences. Upon the Permanent Active Militia being reorganized, the need of affording instruction in military law and regulations relative to the maintenance of discipline was apparent, this being due to the fact that, during the period of the war, this branch of administration had been left to the care of officers specially appointed for that purpose, and consequently a certain proportion of officers appointed to the Permanent Force after the war were not sufficiently experienced in this branch of work. Pursuant to instructions received from the Militia Council, the Judge Advocate General prepared a short series of lectures designed to cover those questions of military [p. 38 starts] law and the maintenance of discipline which were most constantly arising, and dealing also with the more important points in court-martial procedure. The Judge Advocate- General also carried out in Military Districts one to five, short courses of instruction covering four days in each District. An immediate improvement in these branches of administration was noticed. The number of leases and agreements prepared in the Judge Advocate-General's office exceeded somewhat the number for the preceding year. It might be observed that, as the result of the abolition of the old printed forms of leases and agreements which were previously used, it is now necessary to draft a special lease or agreement covering each particular case, thereby minimizing, to a great extent, the number of claims which were formerly made on account of ambiguous clauses embodied in the old forms, the interpretation of which was not at all clear. Consequent upon the decision to amalgamate the Department of Naval Service, the Department of Militia and Defence, and the Air Board under one head and create a new Department of National Defence, the duties of the Judge Advocate-General were considerably increased owing to his being responsible for the preliminary work of drafting the necessary legislation and memoranda thereon, and the numerous references which had to be made to the Department of Justice and the Parliamentary Counsel. During the year a considerable number of reports to Privy Council were either drafted in the office of the Judge Advocate-General, or referred to him for opinions or amendments if the same were necessary. A considerable number of matters had to be referred to the Department of Justice during the year, the necessary corre- spondence being being prepared by this Directorate. The number of requests for opinions and memoranda on questions arising out of the Pay and Allowance regulations, King's regulations, etc., was, approximately, the same as in the preceding year. In addition to his duties as Judge Advocate-General, this officer is a member of the Pensions and Claims Board, which administers the Militia Pension Act. The number of retirements to pension during the year under review due to reduction in Establishment of the Permanent Force, necessitated the preparation of a large number of memoranda and opinions, for which the Judge Advocate-General was responsible.
Directorate of the Judge Advocate-General Forty-nine District courts-martial were held in Canada during the fiscal year ending 31st March, 1923, there being no General courts-martial. This is a decrease of twenty-five compared with the preceding year. Generally speak- ing, the convictions were not for serious offences, and the sentences awarded were comparatively light. This, together with the decrease in the number of courts-martial, indicates a substantial improvement in discipline. The proceedings which had to be returned for the correction of technical irregularities, or for quashing the finding and sentence were few compared with the preceding year, indicating a substantial improvement in the administration of military law, and that the officers concerned had acquired a greater know- ledge of the Army Act, the Rules of Procedure and the King's Regulations. [p.65 starts]
The Army Act and the Rules of Procedure were further amended during the year under review, resulting in the ^simplification of the procedure. The number of Courts of Enquiry held throughout Canada on various matters which were referred to the Judge Advocate-General for opinion exceeded the number in the preceding year. In a number of instances, these Courts were of such a nature that it would have been of great assistance to the District concerned had there been available in the District an officer pos- sessing a certain amount of legal training. The number of leases and agreements which were prepared in the office of the Judge Advocate-General was, approximately, the same as in the preceding year. The duties of the Judge Advocate-General have been materially increased by the creation of the Department of National Defence. Numerous matters have been referred to him by the Naval Service and the Air Board. Upon the reorganization of the Royal Canadian Air Force, it was con- sidered advisable that the procedure which should be followed, in so far as concerns the Regulations applicable to it, and the administration of Air Force law, should be along the same lines as that followed in the case of the Per- manent Active Militia and the Royal Air Force. The Judge Advocate-General was accordingly instructed to take the necessary action, the preliminary work in connection therewith being completed by the end of the year under review. On the coming into force on the 1st January, 1923, of " The National Defence Act, 1922," the Judge Advocate-General's office ceased to be a Direc- torate in the Branch of the Adjutant-General, and became responsible to the Deputy Minister, thereby following, as far as practicable, the organization in the War Office. Owing to the increase in his duties, it was considered desirable that an officer of the Permanent Active Militia should be detailed to assist the Judge Advocate-General during that period in the year when the duties of his office were heavy. It was considered that it would be to the advantage generally of the Permanent Active Militia if officers of the Permanent Active Militia were detailed for this duty for four months each year, thereby not only assisting the Judge Advocate-General, but also acquiring a greater knowledge of military law procedure and the regulations, which would be of great value to them in the districts in which they are stationed when their tour of duty in the Judge Advocate-General's office ended. The Judge Advocate-General is also a member of the Pensions and Claims Board, administering the Militia Pensions Act. Certain legislation affecting pen- sions was prepared in his office, together with numerous opinions and memoranda arising out of matters concerning pensions.
Annual Judge Advocate Report for fiscal year ending 31 March 1924
P. 7 of 1222 Report starts at p. 163 of 1222
REPORT OF THE JUDGE ADVOCATE-GENERAL Under the terms of the National Defence Act, 1922, the Judge Advocate- General's office ceased to be a directorate in the Branch of the Adjutant-General, and from January 1, 1923, the Judge Advocate-General became responsible to the deputy minister. Thirty-three courts-martial were held in Canada during the fiscal year ending March 31, 1924, all of such courts-martial being district. This is a decrease of sixteen compared with the preceding year, and, generally speaking, the offences were not of a serious nature. This is indicative of the continued improvement in the discipline of the Permanent Force. The proceedings of these courts-martial indicate a substantial improve- ment in the knowledge of military law possessed by the officers sitting on the courts in question. It is extremely desirable, however, that a thorough know- ledge of military law and the provisions of the King's Regulations relative to discipline should be possessed by all officers, and it is pointed out in this con- nection that the various proceedings of courts-martial and courts of enquiry which have come before the Judge Advocate-General for review indicate that there is still considerable room for improvement. As stated in the report for the preceding year, on the creation of the Department of National Defence the Judge Advocate-General now performs similar duties in relation to the Royal Canadian Navy and the Royal Canadian Air Force as he formerly did in relation to the Canadian Militia. During the period under review the King's Regulations and Orders for the Royal Canadian Air Force were prepared by that officer, and have now gone into effect. During the period under review two amendments were made to the Militia Pension Act, one dealing with the suspension, and, in certain instances, the continuance of the pension when the pensioner is employed in the public service of Canada, and the other restoring the period of service required to establish eligibility for pension to twenty years, as it was prior to the amendment of 1919 which reduced such period to one of ten years. Both these amending Acts were prepared by the Judge Advocate-General. The Judge Advocate-General has been a member of various departmental committees, and his duties have been increased as a result. 0wing to the Crown's title to considerable property under the control of the department being disputed, certain litigation has ensued. It has been the Judge Advocate-General's duty to prepare the necessary material in collaboration with the Department of Justice, and it is hoped that such litigation will effectually settle a number of points which have been a matter of long standing dispute. With a view to minimizing as much as possible the number of cases of deficiencies in clothing and equipment on charge to Units of the Non-Permanent Active Militia, proceedings have been instituted through the Department of Justice against the officers whom the Department considers financially respon- sible. The preparation of these cases and the necessary reference to the Depart- ment of Justice have been dealt with by the Judge Advocate-General. All important reports to Privy Council have either been prepared by him, or submitted for his consideration, and, in addition, he is responsible for the drafting of certain orders and regulations. As a member of the Pensions and Claims Board, administering the Militia Pension Act, the Judge Advocate-General has prepared numerous opinions and memoranda on matters affecting pensions. A system for simplifying the procedure followed in the issuing of orders and regulations was put forward by the Judge Advocate-General, and has now been approved and put into effect.
Annual Departmental Reports were included in the Sessional Papers
until 1925. Starting in 1926, Sessional Papers became “Annual
Departmental Reports of the Dominion of Canada”, and continued
until 1973. After 1929/30, the
reports are no longer
collected but are distributed from the
REPORT OF THE JUDGE ADVOCATE-GENERAL [at pp. 299-300 of 1052; or pp. 83-84 of the Report of the Department]
REPORT OF THE JUDGE ADVOCATE-GENERAL There were no general courts-martial convened during the fiscal year under review, the number of district courts-martial convened being thirty-three. This is an increase of two compared with the preceding year, and the charges were not generally of a serious nature. A large number of these proceedings contained illegalities or irregularities which necessitated their being returned to the Convening Officers for correction. They indicate that, generally speaking, there is still considerable room for improvement in the knowledge of military law possessed by officers of the Permanent Force. It is recognized that there do not exist in Canada the same facilities for instruction in this subject as exist in England, nor have officers in Canada the same opportunities to gain practical experience by serving on courts-martial. Steps are being taken by the Judge Advocate-General's office to arrange in conjunction with the General Staff a system of instruction which it is hoped will prove successful. There is no question, however, but that at the present time the knowledge of military law and the provisions of the King's Regulations relating to disci- pline possessed by officers of the Permanent Force is considerably below that which they possess in other military subjects. A complete revision of the King's Regulations and Orders for the Canadian Militia has been undertaken by the Judge Advocate-General. This is a matter which entails considerable work and research. Excellent progress has been made, however, and it is expected that the revision will be completed and available for distribution by the end of the present calendar year. The procedure for simplifying the issue of orders and regulations put forward by the Judge Advocate-General last year has been further extended, and so far it has met with success. The preparation of material on certain matters under litigation has been dealt with by this office, and in view of the importance of some of these the work involved has been heavy. The provisions of the Militia Act relating to the use of troops in aid of the civil power were amended during the year under review. These amend- ments were based on the recommendation of the Royal Commission held to enquire into the unrest among the coal and steel workers in Cape Breton. The amending act was drafted by the Judge Advocate-General in collaboration with the Department of Justice, and the Judge Advocate-General was also required to furnish the necessary explanatory memoranda and statements. He was also engaged in preparing several draft bills relating to air force and naval pensions, which are still the subject of consideration. The number of references to the Judge Advocate-General's office on matters necessitating the preparation of considered opinions showed no decrease com- pared with preceding years. The Judge Advocate-General's office dealt during the year with a large number of Orders in Council and regulations, which were referred for redrafting or review prior to submission. The majority of important reports to Privy Council and regulations are now referred prior to submission. A large number of courts of inquiry were submitted for review or an opin- ion. These courts of inquiry in many instances are incomplete, the matters under inquiry not being dealt with so as to obtain the complete evidence which the convening authority should have so as to enable him to determine properly
the action he should take. They indicate that such courts do not proceed with their inquiry on certain defined lines, with the intention of establishing the existence or otherwise of certain facts. In numerous instances the examination of witnesses appears to have been more or less haphazard, without any concrete idea of continuity. There is considerable room for improvement in these matters.
Report of the Judge Advocate General for Fiscal Year finishing 31 March 1926
Report starts at p. 1081 of 1350
in Annual Departmental Reports 1925-1926, vol. 2, Report of the Department of National Defence (Militia and Air Services) available at https://archive.org/details/v2annualdepartme1926canauoft (accessed 5 November 2017)
REPORT OF THE JUDGE ADVOCATE-GENERAL [at pp. 1169-1170 of 1350; or pp. 89-90 of the report itself]
During the fiscal year under review the number of courts-martial convened and held was as follows: — D.C.M. G.C.M.
Permanent Force 49 Nil R.C.A.F 4 Nil
This is an increase of 16 courts-martial in the Permanent Force, and in the Royal Canadian Air Force of 4, compared with the number of courts-martial held in the preceding year. The offences committed were mainly those of desertion or absence without leave, and losing by neglect clothing, equipment, etc. While the offences in themselves were not of a particularly serious nature, and the sentences awarded were sufficient in the interests of justice, yet an increase compared with the year before of almost 50 per cent is a matter which warrants some consideration. The proceedings, in the main, were properly conducted, but there is obviously need for a comprehensive scheme of instruction in military law, which question will be dealt with later on in this report". The revision of the King's Regulation and Orders for the Canadian Militia which, as stated in the report for the preceding year, had been undertaken by the Judge Advocate-General, was completed by the end of December, 1925. The revised edition has gone forward for approval, and should be available for dis- tribution by the end of September of this year. The work in connection with this revision was extremely heavy, and added considerably to the normal duties of the Judge Advocate-General's office. Numerous other regulations, such as Clothing Regulations, Equipment Regulations, etc., have been under revision during the year under review, neces- sitating advice being obtained from this office on numerous matters connected therewith. During the year under review numerous courts of inquiry were submitted to this office for an opinion or report, and, further, matters of an important nature and on which it had been decided to hold a court of inquiry, were referred to this office for an opinion as to the lines on which such courts of inquiry should proceed. The practice of making a prior reference to the Judge Advocate-General has proved satisfactory, as it has enabled the court concerned to proceed along certain clearly defined lines, and has resulted in the exclusion of a large amount of irrelevant statements and evidence which, in the past, were usually admitted, but which ser^^ed no useful purpose and only tended to confuse the authorities who subsequently had to deal with the findings and reconmmendations of such courts. During the year under review there has been a large increase in the number of Air Force matters referred to this office. This is largely due to the action taken by the Royal Canadian Air Force to put on a permanent basis their regulations which were originally of a more or less tentative nature. The number of reports and submissions to Privy Council and regulations which this office was called upon to prepare or draft showed no decrease com- pared with the preceding year. As stated above, the need for a comprehensive scheme of instruction in military law has been recognized, and the Judge Advocate-General was accord- ingly detailed to proceed to England at the beginning of March, 1926, for the purpose of being attached to the office of the Judge Advocate-General at the War Office, it being considered that a tour of duty there would not only enable [p. 90 starts] him to keep abreast with the latest British system of administration, but also to obtain definite information on the methods of instruction carried out in the British Army. The information which this officer will obtain from the War Office will serve as the basis for a comprehensive instructional program which it is hoped to put in effect at an early date. In this connection it 'should be realized that officers of the Permanent Force are required to pass the same pro- motion examinations as all officers of like rank throughout the British Empire, and unless instruction in Canada is uniform with that in England Canadian officers will be at a disadvantage. During the year under review, the usual number of leases and agreements were drafted in this office. The Judge Advocate-General, being a member of the Departmental Pen- sions and Claims Board, is constantly required to advise on matters pertaining to pensions under the Militia Pension Act, and various claims which are referred to the Board in question. He is also a member of several other standing Boards or Committees in the Department, the duties of which entail a considerable amount of additional work.
Report of the Judge Advocate General for Fiscal Year finishing 31 March 1927
Page 5 of 1186 Report starts at p. 1955 of 1186
in Annual Departmental Reports 1926-1927, vol. 2, Report of the Department of National Defence (Militia and Air Services) available
at https://archive.org/details/annualdept2s192627cana (accessed 5 November 2017)
REPORT OF THE JUDGE ADVOCATE-GENERAL During the fiscal year ending March 31, 1927, 55 courts-martial were con- vened and held. Of these, 53 were for the trial of military personnel, and 2 for the trial of personnel of the Royal Canadian Air Force. There were no general courts-martial convened. Thirty-five of these 55 courts-martial dealt with charges of desertion, and loss of the soldier's or airman's clothing and equipment. Of the remaining 20 courts, 8 dealt with charges of a serious nature as fol- lows: 3 with charges under section 8 of the Army Act of striking or using violence, or threatening or insubordinate language to a superior officer; 2 with charges under SEC. 17 of the Army Act of embezzlement of regimental money; 3 with charges under section 18 of stealing money or goods or receiving the same, the property of persons subject to military law. The remaining courts-martial dealt with offences of a more minor character, and it is of interest to note that, during the period under review, only one case of drunkenness was required to be dealt with by a court-martial. Only one conviction was required to^ be quashed on instructions from the Judge Advocate-General, and this was necessary solely on technical grounds. The small number of courts-martial held and the few charges of a serious nature as mentioned above, are indicative of a high state of discipline and morale in the Permanent Force and Royal Canadian Air Force. Two court-martial demonstrations were held at the Royal Military College, and at Toronto, respectively. These demonstrations were intended to illustrate the various forms of evidence given at a court-martial dealing with a simple military offence. They show by way of example, evidence both of an admissible and inadmissible character, and illustrate in a practical manner the mistakes which are frequently made by courts-martial in dealing with evidence of the .latter nature. These court-martial demonstrations serve a useful purpose, as the instruc- tion in military law given through this medium is more clearly grasped by the officers attending than instruction given by means of lectures. It is hoped to hold a number of these demonstrations in the near future, as the results which have been obtained from the two already held indicate that instruction given in this manner is of considerable practical value. During the year under review a large number of matters were referred to the Judge Advocate-General for an opinion, and his office w^as also engaged in drafting or preparing the usual number of leases and agreements, reports to Privy Council, and amendments to various Naval, Military and Air Force Orders and Regulations. The normal volume of matters pertaining to the Militia Pension Act referred to the Judge Advocate-General was maintained, and he was also responsible for the preparation of the necessary material required for several cases which are the subject of litigation.
REPORT OF THE JUDGE ADVOCATE-GENERAL [at pp. 1203-1204 of 1388] COURTS- MARTIAL During the fiscal year ending March 31, 1928, 75 District Courts-Martial were convened and held, this being an increase of 23 over the preceding year. Of this number 68 courts were held for the trial of personnel of the Permanent Force and 7 for the trial of personnel of the Royal Canadian Air Force. Of the above number of courts-martial 51 dealt inter alia with offences of desertion and absence without leave, and convictions either of the offence of desertion or that of absence without leave resulted. In 8 instances the sentence awarded was that of imprisonment accompanied by that of discharge with ignominy, 7 of such sentences being commuted to detention, and one sentence oi imprisonment and discharge with ignominy being allowed to stand. Four persons, including one non-commissioned officer, were charged with the offences of offering violence, or using violent or insubordinate language to a superior officer, and a conviction resulted in each such case. Nine persons, including two non-commissioned officers, were charged with stealing or receiving stolen goods; seven of these cases resulted in convictions, and two in acquittals Four more persons were charged with this offence in the fiscal year under review than were so charged during tl^e fiscal year immediately preceding. During the year under review 11 non-commissioned officers were tried by court-martial for various offences, 10 of whom were found " guilty " of the charges laid, and 1 was acquitted. During the year under review there were two instances where the finding and sentence of the court-martial were not confirmed by the confirming authority upon advice from the Judge Advocate- General, and in two further instances the finding and sentence which had been confirmed was quashed upon the instructions of the Judge Advocate-General. It is of interest to note that in both the Permanent Force and Permanent Active Air Force only four cases of drunkenness were dealt with by district court-martial during the year. While the increase in the number of courts-martial held is almost 50 per cent over the number held during the preceding year, such increase is not neces- sarily a reflection on the state of discipline, but is rather indicative of more active measures being taken towards suppressing the commission of Military and Air Force offences, as the deterrent effect of a trial by district court- martial is greater than would be the case were such offences dealt with sum- marily by Commanding Officers. Further, in a number of instances the accused soldier or airman elected trial by court-martial rather than a summary dis- posal of the case by his Commanding Officer, which election would account in some measure for the increase in the number of courts-martial held. It is pleasing to note that the courts-martial held during the fiscal year under review indicate a substantial improvement on the part of all concerned in their knowledge of Military and Air Force law and the administration of the Army Act, the Air Force Act, and the Regulations thereunder. The number of errors and irregularities occurring in these proceedings was considerably less than the number which occurred in preceding years, and the results of the instructions and comments issued and made by the Judge Advocate-General's Office arc now becoming apparent. While there is still considerable room for improvement, nevertheless the situation during the past year, compared with that which prevailed in previous years, is noteworthy and should not be passed by without favourable comment being made thereon. LEGISLATION During the year under review the following Bills were drafted by* the Judge Advocate-General and the necessary information and memoranda pertaining thereto were prepared in his office: — (a) An Act respecting the Royal Military College. (b) An Act respecting certain Canteen Funds. (c) An Act amending the Militia Pension Act. The last mentioned Act made provision whereby the Militia Pension Act was made applicable, with certain modifications, to the Royal Canadian Navy and Permanent Active Air Force. This necessitated the preparation of a con- siderable number of explanatory memoranda. AIR SERVICES Consequent upon it being decided to reorganize the Air Services by way of creating a separate Directorate to administer all Civil Government Air Opera- tions, the Judge Advocate-General was required to advise on the procedure which should be adopted and to prepare the necessary instructions and memo- randa giving effect to the, policy decided upon. Further duties were added to this office in connection with the preparation of the Standard Conditions for Light Aeroplane Clubs and, in addition, the forms of agreements with such clubs were prepared in this office and the advice of the Judge Advocate-General has been sought on numerous matters in con- nection with the formation and administration of these organizations. CONTRACTS There has been a great increase in the number of contracts which have been referred to this office, either for preparation or for advice on various matters which have arisen in connection therewith. In addition certain new forms of contracts have been prepared which are now in use, or which will be adopted shortly. GENERAL There has been a considerable increase in the number of general matters of various descriptions referred to the office of the Judge Advocate-General for advice or action, as well as a large increase in the number of daily interviews. PENSIONS The Judge Advocate-General is a member of the Pensions and Claims Board, and practically all matters pertaining to the administration of the Militia Pension Act are referred to his office for advice.
REPORT OF THE JUDGE ADVOCATE-GENERAL [at p. 1285 of 1464]
REPORT OF THE JUDGE ADVOCATE-GENERAL Courts-Martial During the fiscal year ending March 31, 1929, fifty-seven District Courts- Martial were convened and held, this being a decrease of eighteen compared with the number of such courts held in the preceding year. Of these courts- martial fifty-five were for the trial of military personnel and two for the trial of personnel of the Royal Canadian Air Force. Thirty-five courts dealt with charges of desertion and in thirty-one of these a further charge of losing arms, clothing and equipment was laid. In one instance the finding and sentence of a court-martial, which had been confirmed, were quashed on the advice of the Judge Advocate-General, and in two other instances it was necessary to quash the conviction on one of several charges which had been laid. It is evident from a review of the proceedings of all courts-martial held during the last fiscal year, that there has been an endeavour on the part of all officers concerned to improve their knowledge of military law and court-martial procedure, and the number of errors and irregularities which occurred was neither very great, nor were they of a particularly serious nature. Neverthe- less, it is apparent that there should be established a more comprehensive method of instruction in military-law and court-martial procedure, together with improved facilities for the dissemmination of advice on technical point* connected therewith. Iegislation During the year under review the only legislation drafted by the Judge Advocate-General was a small Bill making certain amendments to the Militia Pension Act so as to provide for the computation of officers' pensions on the pay and allowances received during the three years immediately preceding retire- ment, and to enable pension payable to an officer who for not less than three years had been a member or associate member of the Defence Council, being computed on the pay and allowances received as such member or associate member, should the same be more beneficial to him. Orders The adoption of a new procedure relating to the issue of Orders and Regu- lations resulted in there being established an Orders Committee for each of the three services administered by the Department of National Defence, and the Judge Advocate-General was appointed chairman of each of these committees. Consequently, all General Orders and amendments to Regulations now pass through his office, thereby increasing to a considerable extent the duties with which that office is normally charged. Investigations and Courts of Inquiry The Judge Advocate-General carried out several investigations of an important nature and, in addition, was in attendance at a number of Courts of Inquiry. Pensions Consequent upon the amendments to the Militia Pension Act made at the last session of Parliament, a large number of cases had to be reviewed, thereby resulting in a temporary increase in the number of matters normally referred to the Judge Advocate-General. Practically all these cases have now been examined and dealt with. General The usual volume of references and requests for opinions was maintained, and there was a considerable increase in the number of daily interviews.
REPORT OF THE JUDGE ADVOCATE-GENERAL [at p. 1319-1320 of 1606]
REPORT OF THE JUDGE ADVOCATE-GENERAL
Courts- Martial During the fiscal year ending March 31, 1930, 50 district courts-martial were convened and held, this being a decrease of 7 compared with the number of such courts held in the preceding year; 47 of these courts-martial were for the trial of military personnel and 3 for the trial of personnel of the Royal Cana- dian Air Force. It is evident, from a review of the proceedings of courts-martial held dur- ing the last fiscal year, that considerable improvement is taking place in the knowledge of military law and court-martial procedure of officers performing court-martial duty, and this was reflected in the comparatively small number of observations it was necessary for the reviewing officer to make. Such errors and irregularities as did occur were not of a particularly serious nature and in no case did they invalidate the finding. In only one instance was it necessary for the Judge Advocate-General to advise that the finding and sentence of a court-martial, which had been confirmed, should be quashed. Legislation During the year under review the only legislation drafted by the Judge Advocate-General was a small Bill making certain amendments to the Militia Pension Act so as to remove an anomalous situation respecting the provision of pension for the widow of an officer who dies in the service, when such officer comes within that class of officers to which subsection (2) of section 4 of the Militia Pension Act relates. Investigations, Courts of Inquiry, Committees, etc. The Judge Advocate-General carried out several investigations of an important nature and was also in attendance at a number of Courts of Inquiry. In addition, his duties as Chairman of the respective Orders Committee of the three services encroached, to a considerable extent, upon the time available for the routine duties of his office. Instruction in Military Law During the year under review, a course of instruction in military law for officers of the Permanent Force was organized and carried out. The prepara- tion of the various sets of questions, precis and comments, together with the marking of completed papers, was all done in the office of the Judge Advocate- General, the course itself being administered by the General Staff, which branch has requested that a similar form of instruction be carried out during the com- ing year. General The volume of references and requests for opinions was in excess of the preceding year and the number of daily interviews showed a decided increase. The expansion of the Air Mail Service, necessitating the acquisition of beacon sites and intermediate landing fields, resulted in a considerable increase in the work of the office, due to the numerous contracts and agreements which w^re required, many of them being of a novel type for which no precedents existed. The development of new ideas in the field of aeronautics very frequently necessitated a revision of contracts for the construction of aircraft whilst such construction was in progress, so as to enable the department to obtain the full advantage of such development. This necessitated extreme care being taken so as to ensure that while the department was being fully protected, the several manufacturers were not subjected to conditions impossible of fulfilment. During the year there were made by the Governor General in Council two references pertaining to the regulation of aerial navigation, and the liability of a province to reimburse His Majesty, in the right of the Dominion, for expenditure occasioned through the furnishing of troops in aid of the civil power upon a requisition from the Attorney-General of the province concerned. With respect to both these references, considerable data and preliminary infor- mation was requested of, and furnished by, the Judge Advocate-General. Due to the increase in the volume of work which the office is required to perform, a departmental solicitor was appointed by the Civil Service Com- mission, this being a civilian appointment. The departmental solicitor assists the Judge Advocate-General and acts for him in his absence.
"This is the story of a ship and her company, a Tribal Class Destroyer of the Royal Canadian
Navy which, like her sisters, is a symbol of our times.
During her commission she ranged from the gloomy wastes of the Arctic seas to the shores
of Hitler-held Europe. Her guns blazed in many a fierce and spirited action as she played part
in the drama of these crucial days.
It is a book without names because to mention one would be to mention all. They, the living
and the dead, prefer so. Her company, drawn from every province in this Dominion, were
common men, with little to their name. They served were one is always close to reality, in the
ships which stand between us and our enemies" (Author's Note, p. xi)
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.
accessed 16 November 2015)
ME [Michael Emon]: Louis-Joseph Papineau, many people know, was the moderate rebel leader in the rebellions of Lower Canada in 1837. He was the long-standing speaker of the assembly in Lower Canada, he was a lawyer, and in 1834 he helped draft the 92 resolutions that started, that tried to start, the dialogue of change in Quebec and Quebec politics. So a lot of people say “Why is he in a War of 1812 exhibition?”
AA [Angèle Alain]: Right, I was just going to ask that actually.
ME: And the thing is that the War of 1812 shaped many people, and of course Louis-Joseph Papineau was alive at the time and he was a part of the Canadian militia at the time. And of course the war, the conflict they had against the United States, shaped many people’s ideologies and mindsets, and also helped shape Louis-Joseph Papineau. And it also shows how long the war left an indelible mark on the political structure on Upper and Lower Canada. In fact, issues of a more republican and perhaps a different style of government couldn’t even be mentioned in polite company in the first decades after the war because there was so much anti-American sentiment. So people like Louis-Joseph Papineau had to take a more moderate path. And of course we know others who took a more radical path in the rebellion, but part of Louis-Joseph Papineau’s moderation came from this experience, where he was in fact part of the government and part of the militia.
AA: Did Papineau participate in the War of 1812?
ME: He was a captain, but he was part of the judge advocate general’s office. So he served in the function as a lawyer dealing with legal matters that would come up during the war.
(http://www.bac-lac.gc.ca/eng/news/podcasts/Pages/faces-of-1812.aspx, accessed 2 November 2015)
[see more on this issue,
under Papineau, Louis Joseph, this bibliography]
In late July, Canada's top military officer unveiled a hard-hitting plan to crack down on sexual misconduct
in the ranks [called Operation Honour] ...
Some recruits at the Royal Military College, as well as other Canadian Forces personnel including
individuals at National Defence Headquarters in Ottawa, dubbed Op Honour as "Hop On Her" --
a play on words suggesting sexual aggression or even assault.
(posted 27 October 2015)
Then, after hanging a wretched galleon captain convicted of quitting his post and parading his body
through the fleet as an example -- "to encourage the others," as Voltaire would say of a similar
execution of a British Admiral [John Byng] one hundred and fifty years later -- the armada set off
into the seas only a handful of its ships' pilots had ever seen." (p. 128)
The clause by clause analysis in the French and English languages of Bill C-71, An Act to amend the National
Defence and the Criminal Code, introduced and read a first time in the House of Commons on 15 June 2015. Bill
C-71 died on the order paper when Parliament was dissolved on 2 August 2015.
In his dispatch announcing the outcome of the battle at Quebec [Plains of Abraham, 1759], which he had prepared as commander of the forces after Wolfe's death
and Brigadier-General Monckton's wounding, he [Townshend] considered the death of a career soldier such as Wolfe to be worth only a mention
in passing. Had Monckton also been dead, as was erroneously reported in the newspapers, Townshend, who disliked Wolfe, might well have attempted to
usurp all the laurels of victory.
In spite of George Townshend's efforts to present himself as an admirer, his disdain of General Wolfe is clear in eight satirical drawings, now in the
McCord Museum, Montreal, which he presumably did at Quebec before Wolfe's death. He sensibly kept these records private. ... In another drawing
Townshend pictured what he considered to be Wolfe's unnecessarily draconian measures against French civilians, with a caption in which the general says
(in French so the Canadians can understand), "My orders are firm. For each man caught, a bullet -- for each woman -- two" (pp. 22-23; footnotes omitted,
(put on line on 31 August 2015; amended 5 and 10 September 2015)YOU AND YOUR LAWYERS
You will be fortunate to have one or more lawyers deployed as part of your
team. These talented Assistant Judge Advocate Generals (AJAG) are
provided by the JAG, and represent a source of invaluable advice on a wide
variety of issues. You must be aware, however, of a number of significant
special factors that influence them, and their relationship with you.
First, you will require these lawyers to deal with a huge spectrum of
issues. These will range from disciplinary issues with your troops, local
contracting issues, interaction with local national courts, real estate leases,
LAOC, ROE, your orders, and a plethora of other issues. How can anyone
be so competent you ask? The answer is that they cannot be, thus the first
justification for the unique command relationship that exists for your
AJAGs alone. They are the only individuals that will be present in your
command that are not under your direct command. They are responsive
to you, but remain under the direct command of JAG. This allows them
the right to directly communicate with the JAG and the large and diverse
legal organization back home. This affords you the benefit of the very best
of possible legal advice
The next point is somewhat more subtle. As the commander on a
deployment, you will be given the most authority that can ever be
bestowed upon an individual. You are literally given the power to decide
life and death, and all lesser things. This is an exhilarating and
frightening proposition, one that brings with it the greatest of satisfactions
as the mission progresses. As we have learned through past events, this
absolute power has led to abuses when the talents of the commander were
less than that required for the situation. While all subordinate officers
have the ethical responsibility to act in the face of wrongdoing, this is a
particularly demanding challenge in a combat environment. Most of us
have read of several famous cases, such as the “Mutiny on the Bounty”
where subordinate officers have faced the supreme challenge of taking
action in the face of commanders that were failing. This is a demanding
act that is rendered doubly difficult in view of the chain of command
relationship, and the necessary respect for authority that is ingrained in us
all from the first day of basic training. By placing the AJAG outside the
chain of command, at least one individual is placed in a position from
which it would be somewhat easier to act in the face of wrongdoing. The
AJAG acts as a safety measure, to guard against a commander overstepping
his authorities. This is a right and necessary thing.
You will need to be aware that AJAGs are not trained in the art of military
command to any significant extent. While they are consummate experts in
a number of areas of law, and in their relationship with JAG and his staff,
their military training may range from a reasonable amount to a relative
light dusting. They will provide you with high quality legal advice; their
responsibilities do not include the provision of military advice, whether
concerning the conduct of your campaign or leadership in general. Be
cognizant of this, and be prepared to assist your AJAG in understanding
the scope and limits on their responsibilities.
Finally, and most importantly, you must be absolutely clear as to your
relative roles, responsibilities, and accountabilities. Your AJAG is
responsible to provide you with legal advice. He or she is absolutely
accountable for the quality of the advice provided, and can have their
professional accreditation revoked for poor advice. As the commander,
you are absolutely accountable for your decisions. In a proper
relationship, you will be provided advice, couched in terms such as “it is
not advised that”, or “I recommend that”. Should you hear “you can’t”,
“you must” then you may be straying from the appropriate relationship.
You must not look to your AJAGs for decisions. [pp. 104-105]
[Note on Brigadier-General D.A. Davies]
Brigadier-General D.A. Davies is an experienced fighter pilot and leader
who has flown the CF-5, F-16 and CF-18 aircraft. He commanded
425 Tactical Fighter Squadron, 3 Wing Bagotville, and Task Force Aviano
during the first seven weeks of the ALLIED FORCE bombing campaign.
His extensive staff experience includes NORAD HQ, USSPACECOM HQ,
AIRCOM HQ, 1 Cdn Air Division, as well as NDHQ. He recently led the
team that stood up CEFCOM, where he is currently serving as the Deputy
Commander. [p. 271]
(posted on 28 August 2015)Fraser also had the eight individual coalition countries involved in the south, with their various national caveats or
restrictions on how their troops could or could not be deployed. And most remarkably, he also had two Canadian
military lawyers -- Randy Smith, who advised him on Canadian law and national policy, and Bruce Wakeman, who
advised him on the international laws of armed conflict -- hovering at his shoulder at all times, even in mid-battle.
As Fraser says, "Oh fuck, oh yes, absolutely, Military lawyers. All they do is, whatever we're doing, they know the
law and they won't say you can't do it, they say, 'Here's the law, here's where you stand vis-à-vis the law.'...And I had two
of them arguing with each other, because I had two hats on my head, the multinational hat and a national hat." (p. 255)
available at https://books.google.ca/books?id=DGENKHE11U8C&printsec=frontcover&dq=intitle:fifteen+intitle:days
&hl=en&sa=X&redir_esc=y#v=onepage&q&f=false, accessed 28 August 2015
Plusieurs fois, durant le siège [de Louisbourg], il y eut des échanges de courtoisie entre les deux chefs ennemis. Le chevalier de Drucour [commandant de Louisbourg] fit un jour cesser le
feu et déployer le drapeau parlementaire sur les remparts. Le général Amherst, de son côté, fit suspendre la canonnade et vit venir un officier français qui lui remit une lettre dans laquelle
le gouverneur, après les compliments d'usage, lui disait qu'il y avait dans Louisbourg un chirurgien d'une rare habileté, dont les services étaient à la disposition de tout officier anglais qui le
demanderait. En retour, Amherst lui envoya des lettres et des messages pour les parents et les amis de quelques officiers prisonniers dans son camp; il y joignit ses compliments pour Mme
de Drucour, en lui exprimant son regret de la voir exposée aux horreurs d'un siège, et en accompagnant sa lettre d'un superbe cadeau d'ananas, récemment apportés des Antilles. Mme de
Drucour s'empressa de reconnaître cette politesse par l'envoi d'un panier de champagne. Une heure après ces échanges d'amitiés, le canon grondait tout le long des deux lignes ennemies, qui
échangeaient des boulets et des bombes. (p. 193)
Le capilaine Ochterlony [prisonnier anglais détenu par l'armée française] fut entouré de soins si délicats par les religieuses de l'hôpital général [à Québec], qu'il en fut touché jusqu'aux larmes.
Il l'écrivit au général Wolle, qui manifesta sa vive reconnaissance et fit savoir aux soeurs hospitalières que, s'il s'emparait de leur monastère, elles pouvaient être assurées de sa protection.
Son message, adressé à Vaudreuil, renfermait une somme de vingt livres sterling, qu'il priait de remettre au soldat de Guyenne qui avait empêché le capitaine d'être scalpé. Vaudreuil
renvoya cette somme et répondit avec politesse et fierté que le soldat n'avait fait qu'obéir à son devoir et aux ordres des commandants. (p. 275)
Office of the Department of National Defence and Canadian Forces Legal Advisor /Cabinet du Conseiller Juridique du Ministère de la défense Nationale et des forces Canadiennes
- Department of National Defence and Canadian Forces Legal Advisor / Conseiller Juridique du Ministère de la défense Nationale et des forces Canadiennes
- DND/CF LA Business Management & Comptrollership (BMC) / CJ MDN/FC Gestion des affaires et contrôleur (GAC)
- DND/CF LA Deputy Legal Advisor and General Counsel - LLAS / CJ MDN/FC Conseiller juridique adjoint et avocat général - SCSC
- DND/CF LA Health Services Legal Advisory / CJ MDN/FC Consultation juridique - Services de santé
- DND/CF LA Informatic Section / CJ MDN/FC Section de l'informatique
- DND/CF LA Legislative and Regulatory Services / CJ MDN/FC Services législatifs et de réglementation
- DND CF/LA National Security Law / CJ MDN/FC Droit de la sécurité nationale
- DND/CF LA Claims and Civil Litigation (CCL) / CJ MDN/FC Réclamations et contentieux des affaires civiles (RCAC)
- DND/CF LA Materiel, Environment and Real Property (MERP) / CJ MDN/FC Droit de matériel, de l'environnement et de l'immobilier (DMEI)
- DND/CF LA Public and Labour Law / CJ MDN/FC Droit public et du travail
- DND/CF LA Legal Advisory Services / CJ MDN/FC Services de consultation juridique
Seeking the last up to date work description and merit criteria for all LP levels and positions to the Department of National Defence and the Canadian Forces.
From the staffing file documentation, the latest work description and statement of merit for the position of legal Advisor to the Department of national Defence
and the canadian Forces."
In reviewing the Board of Inquiry transcript, the approach taken by the panel in regard to the
interrogation of the cadets was extremely formal. The Assistant Judge Advocate General at
Valcartier who reviewed the Board of Inquiry report in 1974 indicated that “(…) it is”
unfortunate that the committee has asked so many leading questions to almost all of the
witnesses. This makes it difficult to assess the testimony of Cadets especially
[translation]. He further disagreed with the use of the term “minor negligence” in
the conclusions of the Board of Inquiry. His assessment was that the actions of the
Canadian Forces ammunition expert could result in charges under the National Defence Act.
(source: ombudsman.forces.gc.ca/en/ombudsman-reports-stats-investigations-valcartier/valcartier-report.page, accessed 4 August 2015).
(posted 29 July 2015; amended 27 August 2015)FOWLER, Roy G. and Baker Mike, lecturers, "Royal Military College of Canada, Department of Political and Economic Science POE 488A--Law of Armed Conflict, Winter 2013-14 Syllabus", version: 12 Jan 2015, 9 pages; available at http://www.lareau-legal.ca/A-2015-00669.pdf;
OFFICE OF THE JUDGE ADVOCATE GENERAL, Report on the Law of Armed Conflict 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; - see pp. 1-55
Thank you for that question. I was confused about the question and the response. If you're talking about the annual reports that I'm responsible for as Judge Advocate General, they are not with the minister. Those are my reports. They are still being worked on. They're close to completion. I take full responsibility for not meeting the timeline as set out to do so on an annual basis. I can go into great detail as to the reasons why. The short answer is that there were many other equal military justice priorities, not the least of which you're familiar with, Mr. Harris, dealing with legislation such as Bill C-15. [http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=6620352&Language=E&Mode=1&Parl=41&Ses=2]
"The armed forces are not about to turn into the feminist oriented nirvana that Deschamps naïvely
seems to be calling for. That will not happen. Nor should it. The Canadian Forces will remain a
male-dominated organization that will need to put in place its own solutions, something it should
have done long ago."
MARTIN, Fraser, "Opinion: Dealing — or not dealing — with sexual assault in the Canadian Armed Forces", Montreal Gazette,
12 May 2015; available at http://montrealgazette.com/opinion/columnists/opinion-dealing-or-not-dealing-with-sexual-assault-in-the-canadian-armed-forces
(posted 17 May 2015)
October 2013 - Recording and broadcasting of hearings at the Supreme Court of Canada
Litigants and counsel are notified that public proceedings at the Supreme Court of Canada are digitally recorded for the purpose of broadcast on television by Cable Public Affairs Channel (CPAC) and may be used in part by other networks for broadcast purposes. The proceedings may also be webcast live by the Supreme Court of Canada and CPAC and an archive copy of the webcast may be kept on the Supreme Court of Canada and CPAC websites. Please note also that all seats in the courtroom may appear on camera.
For further information, please contact Julie Laverty, Manager, Registry Branch, at 613-996-7810.
Roger Bilodeau, Q.C.
October 2013 (source: http://www.scc-csc.gc.ca/ar-lr/notices-avis/13-10-eng.aspx, accessed 6 May 2015)
(source de l'image : http://www.ebay.ca/itm/A-bas-la-justice-militaire-Leur-discipline-Jossot-Kupka-Vallotton-1903-/261361041547)- Il n'a pas cessé de protester de son innocence.
- Eh bien! Vous connaissez le règlement; il réclamera une fois
la punition faite.
Chief of the Defence Staff Message to Members on the External Review of Sexual Misconduct in the
Canadian Armed Forces
Article / March 30, 2015
As you know, in April 2014, I ordered an independent external review to look into
sexual misconduct and sexual harassment in the Canadian Armed Forces following
a number of media reports on the subject and a subsequent Internal Review. I asked
Madame Marie Deschamps, a former Supreme Court of Canada Justice, to conduct
this independent external review, which she began in June 2014.
I received the English version of Mme Deschamps’ final report late last Friday.
This is an important development and I would like to thank her for her insight
and rigour in helping us understand the significance of inappropriate sexual
behaviour in the CAF. During her review, she met with hundreds of CAF members
and stakeholders across the country. Her perspective is invaluable in providing me
with a clearer appreciation of the problem and what we, as an institution, must do
to address it.
You will remember that on February 25, 2015, I directed the establishment of the
CAF Strategic Response Team on Sexual Misconduct. This team, led by Major-General
Chris Whitecross and supported by Chief Warrant Officer Helen Wheeler, will conduct
a detailed review of the report and develop an action plan to address its recommendations.
As I committed from the outset of this initiative, you will continue to be informed as we
progress. Specifically, I will publicly announce the action plan and make the full report
available to all CAF members once a comprehensive review of the report is complete.
external-review-of-sexual-misconduct-in-the-canadian-armed-forces/i7kv5fnr, accessed on 5 April 2015)
"At the start of every session of Parliament, the Law Clerk and Parliamentary Counsel of the House of Commons is required, under Standing Order 153 of the Standing Orders of the House of Commons, to prepare the List of Reports and Returns:
The current List of Reports and Returns has specific pages for the reports of the Minister of National Defence including the annual report of the Judge Advocate General.
153. [List of documents to be tabled.] At the commencement of every session of Parliament, the Law Clerk of the House shall make available to each Member, in printed or electronic form, a list of the reports or other periodical statements which it is the duty of any officer or department of the government, or any bank or other corporate body to make to the House, referring to the Act or resolution, and page of the volume of the laws or Journals wherein the same may be ordered; and placing under the name of each officer or corporation a list of reports or returns required to be made, and the time when the report or periodical statements may be expected." (source: http://www.parl.gc.ca/SmartWeb/LdRE/Document.aspx?Language=E&sbdid=B95EFA25-F20E-42A1-9884-81A502B29377&sbpid=5AEE16CE-E8A8-4B63-AF81-2E2CE56FC9A6, accessed 4 April 2015)
(posted 3 April 2015)Higher justice: the JAG's indifference to his legal obligations [by Gilles Létouneau]
In theory and principle, nobody is above the law in Canada. However in fact and in practice the reality is quite different at least for certain individuals. Consider this.
The Canadian Judge-Advocate General (JAG), Major-General Blaise Cathcart, failed to comply with his statutory obligation to file with Parliament and the SenateHis failure was brought to light by a House of Commons’ member before a committee of Parliament. The JAG’s answer before the Standing Committee on National
through the Minister of National Defence an annual report on his administration of military justice: see ss.9.3(2) of the National Defence Act (NDA). Not only did he
fail to comply with his obligation in 2012, he reoffended in 2013 and 2014.
Defence, where he was appearing with the Chief of the Defence Staff on the issue of sexual offences, was that such reporting was not his first priority over that
three-year span. In other words, complying with the law was not his main priority. ...
As expected there were isolated outcries but not much more. A few TV appearances to denounce the failure, but nothing ensued. Not long thereafter it was business
as usual. No charges for the statutory violations of the Act were laid. No administrative sanctions whatsoever were taken against the JAG for blatantly failing to meet
his statutory obligations towards the Minister and Parliament.
Recently, Global Television News channel, with indubitable evidence to support its allegations, reported that the JAG stealthily wrote to the late Chief Justice of the
Court Martial Appeal Court of Canada to complain about a judge’s description of the state of military law in Canada. The JAG’S allegations were that the appellate
judge might not be impartial if he were still assigned to sit on military cases. He also threatened to lay a complaint against the judge before the Judicial Council. The
JAG’s covert letter could be seen either as an attempt to interfere with the administration of justice or a threat to bring into the limelight the impugned judge, the
Court Martial Appeal Court and the Chief Justice.
However the allegations were not only wrong and exaggerated but were also based on erroneous, incomplete and manipulated facts. Moreover the procedure followed
by the JAG was highly improper as the Chief Justice pointed out to him in his reply to his letter. If the JAG had reasons to believe that the judge might not be impartial,
he needed to raise it in open court by way of a motion to challenge.
[read the rest at http://globalmjreform.blogspot.ca/2015/04/higher-justice-jags-indifference-to-his.html?utm_source=feedburner&utm_medium=email&utm_campaign=
IS THE JAG UNGOVERNABLE [by Michel Drapeau]
Occupying the most senior position in the administration of military justice in Canada and entrusted with the administration of military law and the dispension of both criminal and administrative justice within the military establishment, more than anyone else, Major General Cathcart understands the law and his corresponding onerous duty to do nothing that either destroy or weaken public confidence in legal institutions or authorities by inappropriate or impermissible actions. He also plays a leading role and influence in the day-to-day military decision-making, including those made by the Director of Military Prosecutions and Director of Defence Counsel Services over which he exercises day-to-day supervision and career management stewardship. I am therefore deeply troubled by these transgressions committed by someone who not only holds such unparalled power over the course of the Canadian military justice system but who first and foremost holds a commission from Her Majesty the Queen by which she reposed in him special trust and confidence in his Loyalty, Courage, Honour and Good Conduct.
In the meanwhile, I have written separately to both the Chief of the Defence Staff, General Thomas Lawson, and the Minister of National Defence, the Honorable Jason Kenney, P.C., M.P. noting that given such transgressions, I cannot see how Major-General Catchart can possibly continue as the Judge Advocate General.
[read the rest at http://globalmjreform.blogspot.ca/2015/04/higher-justice-jags-indifference-to-his.html?utm_source=feedburner&utm_medium=email&utm_campaign=
"En Nouvelle-France, il [le brigadier général George Townshend] s'amuse à caricaturer son supérieur,
Wolfe, qu'il déteste. Il fait circuler ses caricatures parmi les officiers. Wolfe qui a une santé chancelante
est toujours reproduit le mouchoir à la main. Ses caricatures sont conservées au Musée McCord de
Montréal. Une série en particulier tourne en dérision la manie de Wolfe de vérifier la propreté des
latrines durant le siège de Québec, et on voit le général penché sur les sièges d'aisance prononcer à l'aide
d'une bulle dans un excellent français: « Évidemment, les espions puants sont ici!! Plus de trahison! Et
puis, une dame! ». En fait, le général commandait que de nouvelles toilettes soient creusées tous les trois
jours, craignant toujours que des espions n'investissent son camp!"
(Source: Aird, Robert, 1975-, Mira Falardeau, 1948-, Histoire de la caricature au Québec, Montréal: VLB, 2009,
248 p. , à la p. 11: ill.; 23 cm. Collection: études québécoises; 87. NOTES: Comprend des réf. bibliogr.: p. -
248. ISBN: 9782896490189).
"The tides of war in 1758 brought Townshend up the St. Lawrence River to Quebec where he became the first
cartoonist in what eventually would be known as Canada. General James Wolfe, the leader of the expedition,
was younger than Townshend and, in Townshend's opinion, his inferior in every other respect. Soon after they
arrived before the walls of Quebec, Townshend was circulating caricatures of Wolfe among his fellow officers.
During the seige of Quebec before the decisive battle on the Plains of Abraham, General Wolfe was meticilous
about sanitation in the British camps, ordering new toilets to be dug every three days. Townshend drew cartoons
about his commanding officer and the latrines.
'If we live,' threatened Wolfe, according to the later recollections of one of his other officers, 'this will be inquired into.'
Townshend replied by criticizing Wolfe's tactics and threatening to bring him before a Parliamentary inquiry when
they returned home. It wasn't necessary. The General died on the field of battle, mercifully spared the sight of
Townshend accepting the surrender of the French forces."
(Source: Desbarats, Peter and Terry Mosher, The Hecklers: A History of Canadian Political Cartooning and a Cartoonists'
History of Canada, Toronto: McCelland and Stewart and National Film Board of Canada, 1979, 256 p., at pp. 21-22:
ill. ; 23 x 27 cm, ISBN: 0771026862).
"Félix Vallotton (1865-1925) was born in Lausanne, which is now home to the Fondation Félix Vallotton.
He moved to Paris in 1882 to study under Jules Joseph Lefebvre and Gustave Boulanger at the Académie Julian.
In 1891 Félix Vallotton made his first woodcut, an art to which he devoted much of his time for the next decade,
inspired by the Japanese ukiyo-e prints that were such a formative influence on the Impressionists, post-Impressionists,
and Symbolists. Also in the 1890s Vallotton was a key member of the post-Impressionist alliance known as Les Nabis;
he was particularly close to Édouard Vuillard, Pierre Bonnard, and Maurice Denis. As a printmaker, Félix Vallotton is
best-known for his woodcuts, but he also produced some powerful lithographs, in particular the 23 original colour
lithographs that comprise the 1902 Crimes et Châtiments issue of the anarchist satirical journal L'Assiette au Beurre,
protesting oppression by all forms of authority: the state, church, bosses, parents, sexual predators, and especially the
police." (image source: , accessed on 23 December 2014)
"Il suffit de mentionner le Paris des années 1890 pour évoquer une grande ville bouillonnante de vie, agitée d'une
extraordinaire variété d'idées et d'engouements de toutes sortes. Les arts y étaient en pleine effervescence, les injustices
sociales et les abus politiques dénoncés, tandis que de nouveaux idéaux commençaient à se faire jour. Le jeune peintre-
graveur Félix Vallotton a témoigné des évènements et des idées de cette période dans ses illustrations pour de nombreux
journaux parus, pour la plupart, à Paris entre 1893 et 1903. Aujourd'hui, ces oeuvres font revivre cette époque avec ses
occupations banales, ses amusements, les problèmes de la vie quotidienne, mais aussi les secousses de la vie politique,
et les démêlés avec la police et les tribunaux. Comme toujours chez Vallotton, la condition des hommes est décrite avec
humour et lucidité." (source: Vallotton, Félix, 1865-1925, Georges Herscher, Vallotton, dessinateur de presse / introduction,
Ashley St-James; légendes, André Berelowitch; choix des documents, Georges Herscher, Paris : Chêne, 1979,  p.: ill.;
30 cm. ISBN: 2851082248)
18. The constitutional questions stated by the Chief Justice of this Court are:
a. Does para. 130(1)(a) of the National Defence Act, R.S.C. 1985, c. N-5, violate s. 7 of the Canadian Charter of Rights and Freedoms?
b. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under section 1 of the Canadian Charter of Rights and Freedoms?
If the second question is answered negatively, the Court would be required to determine the appropriate remedy under s. 52 of the Constitution Act, 1982. [source: Factum of Appellants]
Division 7 of Part 6 amends the National Defence Act to recognize the
historic names of the Royal Canadian Navy, the Canadian Army and the Royal
Canadian Air Force while preserving the integration and the unification
achieved under the Canadian Forces Reorganization Act and to provide that
the designations of rank and the circumstances of their use are prescribed in
regulations made by the Governor in Council.
[Source: Summary of Bill]
(posted on 28 March 2014)Will Justice and Fairness Prevail?
In his article entitled ‘Anglo-American’ Military Justice Systems and the Wave of Civilianization: Will Discipline Survive?, Lieutenant-Colonel S.S. Strickey of the Office of the Canadian Judge Advocate General asks whether discipline will survive as a result of what he calls civilianization of military justice. The issue in Canada is not about civilianization of military justice. Far from it. It is about justice itself. It is about justice and fairness to soldiers who, as Canadian citizens, are entitled to it as much as civilians when it comes to the military prosecution of ordinary criminal law offences.
The remedy is a simple one. Let the civilian courts try ordinary criminal law offences and the military institute disciplinary proceedings against military offenders. In this way the military offenders retain their civil rights that they can invoke before civilian tribunals and the military can secure discipline for disciplinary offences before military tribunals.
[READ THE COMPLETE AND IMPORTANT ARTICLE AT: Gilles Létourneau, "Will Justice and Fairness Prevail?", Global Military Justice Reform web site, blog, 27 March 2014, available at http://globalmjreform.blogspot.ca/ (accessed on 28 March 2014)]
As expected, the military is appealing the Moriarity decision to the Supreme Court of Canada.
It will be interesting to see if the Supreme Court will be prone to have civilians and children
tried by military tribunals even when there is a military nexus and members of the Canadian
Armed Forces when there is no such nexus.
He was dean of the journalism school at the University of Western Ontario and commissioner
of the inquiry into what was known as the Somalia Affair. The government of the day killed it,
but that left Mr. Desbarats free to write perhaps his most important book, Somalia Cover-Up:
A Commissioner’s Journal. (source: http://www.theglobeandmail.com/news/national/peter-
desbarats-a-media-man-of-the-mad-men-era/article16914123/, accessed on 16 February 2014)
Wednesday, February 5, 1997... When the government last month set out our new deadline [for the Somalia Commission of Inquiry],
Defence Minister Doug Young also appointed several blue-ribbon panels to provide him with quick input for the military reforms that he
has promised to announce by the end of next month. One of these was composed of historians, including Jack Granatstein,
who continued to take pot shots at us even as he pocketed his contract from the minister. He referred to Judge Létourneau
as the "great Inquisitor." Earlier he had defended General Boyle when he appeared before our "kangaroo court," as
Granatstein called it. (Peter Desbarats, Somalia Cover-up: A Commissioner's Journal, Toronto : M&S (McClelland and Stuart Inc.), c1997, [v], 349 p.,
at p. 248, ISBN: 0771026846).
The Judge Advocate General (JAG) is appointed by the Governor in Council and carries out a statutorily-based mandate, as set out in the National Defence Act, to act as legal advisor to the Governor General, the Minister of National Defence (MND), the Department of National Defence (DND) and the Canadian Armed Forces (CAF) in matters relating to military law and to superintend the administration of military justice. Military law encompasses all international and domestic law relating to the governance, administration and operations of the DND and CAF. The JAG carries out his statutory mandate through the Office of the JAG.
In Fiscal Year (FY) 2012-13 demands for JAG legal advice and services were at their highest point since the Office began tracking this data in 1998, a 5.5% increase over FY 2011-12 demands. Over the past 6 years the OJAG has experienced a continuing trend of increased service demands and it is anticipated that this trend will continue in upcoming FYs. During FY 2012-13, as per the JAG’s Mission and Vision document, the Office of the JAG demonstrated the ability to be an agile military team of operationally-focused, globally deployable and networked professionals. This contributed to a disciplined force and to DND/CAF mission success.
The demand for legal advice and services during the planning and conduct of CAF international and domestic operations is but one expression of the emphasis that the DND and CAF places on the adherence to the Rule of Law. The Office of the JAG also provides legal advice in respect of a number of important administrative law issues. This included providing legal advice in the resolution of grievances by the final authority in the grievance process; providing legal advice in respect of creating compensation and benefits policies for CAF members and creating military HR policy and providing legal advice on the structure and organization of the CAF. The OJAG is also responsible for administering the service estates of deceased CAF service members.
Legal officers were also active in the provision of legal advice and support services within the military justice system, both at the summary trial level and as counsel before courts martial and the Court Martial Appeal Court of Canada. This high level of engagement both assisted in the further development of the military justice system as a means of fairly administering discipline and contributed to the evolution of Canadian law.
In keeping with the continuous
improvement culture of the Office of the JAG, we have completed
phase 1 of a comprehensive evaluative study aimed at reviewing the
roles and functions served by the JAG Primary Reserve List (PRL)
in advancing the JAG Mission and Vision, with a view to
determining transformational measures meriting consideration for
implementation in further phases. During phase 1, a working
group comprised of Regular Force and Reserve legal officers,
chaired by the Assistant DJAG/Reserves, surveyed the JAG PRL
organization, focusing on devolved substantive legal advisory and
support roles undertaken by JAG PRL legal officers as well as
organizational, governance and cultural matters of importance.
Their report, delivered to the JAG in June 2012, sets a foundation
for phase 2 of the study, which will involve critical analysis of
the JAG PRL organization and mission in order to determine and
assess potential improvements and efficiencies to achieve best
utilization of these important personnel resources in furtherance
of the Office of the JAG’s supporting legal advisory mandate to
DND and the CAF. (source:
accessed on 25 November 2013)
background information in mind, allow me to bring to your
attention concerns I have about some of the provisions of Bill
either in respect of their constitutionality or the unwarranted unequal treatment they afford to a member of the Armed Forces charged with
a service offence based on the Cr. Code.
THE SUMMARY TRIAL
During the reporting period legal officers from the Office of the JAG provided legal services (including services provided by deployed legal officers) to CF international operations – most notably combat, mission transition and training operations in Afghanistan and air and maritime operations in Libya in support of United Nations Security Council Resolution 1970 and 1973 as well as to CF domestic operations – including sovereignty operations across Canada’s North, assistance to Canadian law enforcement authorities such as the RCMP and CBSA, assistance to civil authorities in addressing humanitarian situations such as fires and floods, and maritime operations in the Caribbean Sea in support of US Coast Guard counter-narcotics law enforcement operations. CF legal officers have also provided legal advice in respect of the negotiation and implementation of international agreements impacting upon CF operations and have been active participants in numerous international efforts to clarify and disseminate international law such as the forthcoming Tallinn Manual on international law related to cyber operations.
The demand for legal advice and services during the planning and conduct of CF international and domestic operations is but one expression of the emphasis that the DND and CF places on the adherence to the Rule of Law. The Office of the Judge Advocate General also provides legal advice in respect of a number of important administrative law issues. This included providing legal advice in the resolution of grievances by the final authority in the grievance process; providing legal advice in respect of creating compensation and benefits policies for CF members and creating military HR policy and providing legal advice on the structure and organization of the CF. Also, the Office of the JAG provided key legal advice respecting the stand-up of Shared Services Canada. During the reporting year, the Office of the JAG was responsible for implementing the special voting rules in respect of the 41st federal election; and was responsible for administering the service estates of deceased CF members.
Legal officers were also active in the provision of legal
advice and services within the military justice system both at
the summary trial level and as counsel before courts martial,
the Court Martial Appeal Court of Canada and the Supreme Court
of Canada. This high level of engagement both assisted in the
further development of the military justice system as a means of
fairly administering discipline and contributed to the evolution
of Canadian law. [source: http://www.vcds-vcemd.forces.gc.ca/sites/internet-eng.aspx?page=14712,
accessed on 6 December 2012]
"As part of Defence’s commitment to
fairness and transparency, former Chief Justice LeSage (the
“Second Independent Review Authority”)
will have complete access to Department of National Defence (DND) employees, Canadian Forces (CF) members, the members and staff
of the Canadian Forces Grievance Board, the Military Police Complaints Commission and the Ombudsman for the DND and the CF, as
well as to any information held by the DND or the CF relevant to the review.
The Second Independent Review
Authority will be visiting selected CF bases across Canada to meet
with individuals who have comments
about the subjects under review, and to receive feedback on how the changes made by Bill C-25 and Bill C-60 are functioning.
Captain "ptit mine"
This 1979 photo of my cat has been damaged with time but Captain
"Ptit mine" is
still watching carefully what is going on in the military law scene!
(photo taken by François Lareau) -- By the way, I like to think about myself as Capt. "Ptit mine".
I am adding this comment because one of my friends, a retired Ph.D. professor, told me that cats don't live that long!