-
Somalia
Inquiry & Government Reaction
- 1995-1997: Somalia Inquiry
- Departmental
Reaction to Somalia Inquiry
- Special
Advisory Group on Military Justice and Military
Police Investigation Services
January 1997 to July 1997 -
The Special Senate Committee on the Canadian
Airborne Regiment in Somalia (April 1997)
- Report to the Prime Minister on the
Leadership and Management of the Canadian Forces (March 1997)
- Minister's
Monitoring Committee on Change in the Department of
National Defence and the Canadian Forces (October 1997 to
1999)
- Bill
C-25--An Act to amend
the National Defence Act and to make consequential
amendments to other Acts (Royal
Assent, 10 December 1998)
- 2003 -- Five Year Review of Bill C-25
- 2011 -- Second Five Year Review of
Bill C-25
Cadet Unit Commanding Officer's Handbook, Regional Cadet Support Unit (Pacific) PO Box 17000
Stn Forces Victoria, BC V9A 7N2, November 2002; available at http://www.cic-pac.ca/FileLinks/coc_handbook.pdf
(accessed 10 March 2018);
- Commission d’enquête– Explosion d’une grenade –BFC
Valcartier/Board of Inquiry – Grenade Incident –BFC
Valcartier 30 Jul 74
- Enquête conjointe de la Sûreté du Québec et la
police militaire
-------------
Capitaine Jean-Claude Giroux, Photothèque Le
Soleil,
source:
Juge Anatole Corriveau, 1925-2016
lapresse.ca/le-soleil/justice-et-faits-divers/200907/29/01-888353-35-
source: fcfq.coop/avis-de-deces/anatole-corriveau-133139/
ans-apres-le-drame-de-valcartier-les-cadets-toujours-dans-une-zone
-grise.php
Juge à la Cour du Québec, chambre criminelle et
pénale, district de Québec, 1970-1995.
- Acquittement par le juge Anatole Corriveau le 21
juin 1977 du capitaine Jean-Claude Giroux de l'accusation de
négligence criminelle causant la mort
- Sénécal c. Canada (1977), Montréal T-2546-75 (Cour
fédérale)
- Poursuite contre la Couronne
- livres écrits sur cet incident:
source: amazon.ca/GRENADE-VERTE-FONTAINE-HUGO/dp/2923681819/ref=pd_sim_14_1?_encoding=UTF8&psc=1&refRID=TB7BED633AZD6A21CJ50
- Fostaty, Gerry, As You Were: The Tragedy at
Valcartier, Fredericton, N.B.: Goose Lane
Editions, 2011
source: amazon.ca/GRENADE-VERTE-FONTAINE-HUGO/dp/2923681819/ref=pd_sim_14_1?_encoding=UTF8&psc=1&refRID=TB7BED633AZD6A21CJ50
- Fontaine, Hugo, La grenade verte: Valcartier 1974:
Les Oubliés de la compagnie D, Éditions La Presse,
Montréal, 2011
On 28 February 2018, the Canadian Armed Forces
Legal Branch celebrates the 100th anniversary of
its creation and a century of dedicated and
loyal service to Canada and the Canadian Armed Forces.
Prior to the appointment of the first Judge Advocate
General, Henry Smith on 1 October 1911, the only
official advisor on matters of military law
was the British Judge Advocate General. Throughout World
War I and until the formal creation of the Legal Branch,
Major General Smith typically
worked alone, with occasional assistance from other
officers who happened to be legally trained. The
establishment of the Legal Branch was recognition
of the need to institutionalize the provision of legal
advice.
Today, the Legal Branch is comprised of
approximately 250 legal officers, Regular and Reserve
Force, working in, and deployed to, many locations
across
Canada and around the world.
During the week of 26 February – 1 March 2018,
the Legal Branch will gather in Ottawa for its annual
Continuing Legal Education symposium. During this
time, we encourage you to visit the NDHQ concourse
display where members of the Branch will be on hand,
happy to discuss the past, present and future of the
Branch.
Le 28 février 2018, la Branche des services
juridiques des Forces armées canadienne célébrera son
100e anniversaire ainsi qu’un centenaire de
loyaux et
dévoués services pour le Canada et les Forces armées
canadiennes.
Avant la nomination du premier Juge-avocat
général, Henri Smith le 1 octobre 1911, le seul
conseiller juridique officiel en matière de droit
militaire était
le Juge-avocat général britannique. Durant la
Première guerre mondiale et jusqu’à la création
officielle de la Branche des services juridiques, le
Major-général
Smith travaillait généralement seul, avec l’aide
occasionnelle d’autres officiers ayant une formation
juridique La création de la Branche des services
juridiques
était une reconnaissance qu’il fallait donner un
caractère officiel à la prestation de services
juridiques.
Aujourd’hui, la Branche des services juridiques
compte environ 250 avocats militaires, force régulière
et force de la réserve qui travaillent ou/et sont
déployés
à plusieurs endroits tant au Canada qu’à
l’étranger.
Au cours de la semaine du 26 février au 1 mars
2018, la Branche des services juridiques se réunira à
Ottawa pour le séminaire annuel de formation juridique
permanente. Lors de cette occasion, nous vous
encourageons à visiter le grand hall du QGDN où les
membres de la Branche seront sur place, heureux de
discuter
du passé, du présent et de l’avenir de la
Branche.
James MacMillan, retired legal officer interviewed in the video
CAIN, Patrick, "Canada’s last military prison costs $2M a year.
About half the time, it has no prisoners. New information
obtained by Global News shows the detention facility at the Edmonton
Garrison is empty a lot but costs taxpayers a pretty penny. Fletcher
Kent reports", Global News Toronto, 23 May 2018; includes videos;
available at https://globalnews.ca/news/4097208/military-prison-edmonton-empty/
(accessed 24 May 2018);
The
Edmonton detention barracks, a small
25-cell prison run on very rigid military lines –
when there are inmates – is falling steadily into disuse.
On just over half the days since January
2017, it has had no prisoners at all.
Image source:
https://globalnews.ca/author/patrick-cain/, accessed 4 January 2018
Patrick Cain, former CAF officer
___________"In the Line of Fire", Ryerson Review of
Journalism, Summer 1996, available at http://rrj.ca/in-the-line-of-fire/
(accessed 4 January 2018);
Below is a
summary, as outlined by Canadian Forces Publication
"Dispatches: Lessons Learned for Soldiers, Volume 6
Number 2."
This pamphlet was written by Lieutenant Colonel
Watkin, Captain P Drew and Captain R Paquin and
released by the Army Lessons
Learned Centre. Large tracts of the text of this
pam (which originally appeared as Canadian Forces
training manual B-GJ-005-104/FP-023
produced by the Judge Advocate General) have
been reproduced verbatim below.
Historical examples, will
illustrate that these issues have
been of concern to the Regiment throughout its
history.
CALLAN, Randall William (Randy), 1953-2017, "Lieutenant-Colonel
Randall William Callan Appointed as a Judge in the British Columbia
Provincial Court", News Release / February
13, 2012 / Project number: NR
12.020, National Defence and the Canadian Forces;former
JAG officer, died on 25 November 2017; accessed on 28 November 2017;
OTTAWA – The Honourable Peter MacKay, Minister of
National Defence, is proud to highlight the recent
appointment of a Canadian Forces member, Lt.-Col.
Randall William Callan, as a Judge to the British
Columbia Provincial Court.
“Lt.-Col. Callan’s appointment to the British Columbia
Provincial Court is a significant accomplishment, and
speaks to his great skills as a lawyer and to
the excellent calibre of our Canadian Forces legal
officers,” said the Honourable Peter MacKay. “On behalf
of the Department of National Defence and the
Canadian Forces, I would like to congratulate Lt.-Col.
Callan on his appointment, thank him for years of
dedicated service to the Canadian Forces and wish
him the very best of luck in his new role.”
“Lt.-Col. Randy Callan has served with great
distinction and honour, both as a Reservist and as a
Regular Force member during his career in the Canadian
Forces. He has developed the skills and experience that
will serve him well in this demanding position with the
B.C. provincial court,” said General Walt
Natynczyk, Chief of the Defence Staff. “His appointment
also reflects very well upon the Office of the Judge
Advocate General and the Canadian Forces
as a whole. I'm extremely proud of him and I wish him
well as he assumes this important post.”
Lt.-Col. Callan is a legal officer with the Office of
the Judge Advocate General and is currently serving as
the Assistant Judge Advocate General Atlantic
Region. He has been deployed to Afghanistan and Sudan
and was counsel for the Government of Canada and the
Canadian Forces before the Somalia
Inquiry in 1996.
“I am very pleased to congratulate Judge Callan
on his appointment,” said Brig.-Gen Blaise Cathcart,
Judge Advocate General. “Randy Callan is an
outstanding legal officer who has served the Canadian
Forces loyally and well, both at home and
abroad. His appointment to the bench is a rare and
high honour. It provides an indication of the
respect in which Judge Callan is held within
the legal profession and reflects the high quality
of the legal
officers within the Office of the Judge Advocate
General. Randy's extensive experience as
trial counsel within the Canadian military justice
system
will serve him well in his new role.”
Lt.-Col. Callan is one of nine newly appointed
Provincial Court judges in regions across the province
of British Columbia to further address caseload
pressures on B.C.’s courts and improve access to the
justice system. Lt.-Col. Callan will serve in Prince
George and his appointment is effective April 2,
2012. He will be retiring from the Canadian Forces at
that time.
CALLAN, Randall (Randy) William
LCol (Ret), CD, B.A., LL.B. We are heartbroken to
announce Randy's passing in Prince George, BC on
November 26th, 2017.
He is survived by the loves of his life: his wife Patti,
sons Joel, Spencer, and Casey, and sister Jill Callan.
He is also survived by sisters-in-law Dr. Aileen
Wight-Felske
(Dr. Lorry Felske), Peggy Wight, and brother-in-law Dr.
Jim Wight (Irena Streibl). Randy's greatest passions in
life were being there for his family, and service to his
country. Born in Portage La Prairie, Manitoba, on May
23rd, 1953, he completed both his history BA and LLB at
the University of Manitoba. Randy was active in the
Canadian Forces since 1972, first as a logistics
officer, and then as a legal officer. He served
domestically and around the world in many different
theatres and capacities:
Cyprus, Aviano, Afghanistan, Sudan, and two Olympic
games. In 2012, Randy was sworn in as a Provincial Court
Judge sitting in Prince George. He was immensely
respected, regarded, and enjoyed by his family and
peers. His real presence in a room, in both stature and
personality, as well as his welcoming nature and
boisterous
laugh will never be forgotten. His character was as
large as his frame and was equally unforgettable. He was
always a great friend, mentor, and inspiration to many.
Randy always gave reasons to smile to those in his
company. He had many hobbies including reading history,
scuba diving, fitness (YMCA), novice fly-fishing and
collecting and painting miniature model soldiers. The
warm love and great companionship that he shared with
his family, friends, and the world will be sorely
missed.
A service will be held on Saturday, December 2nd, 2017,
at 3:00pm, at the First Baptist Church in Prince George
located at 483 Gillette Street. A celebration of Randy's
life will also be held in Victoria for his many friends
and colleagues on January 13th, 2018, at the Union Club.
In Lieu of flowers, donations can be made to the BC
Cancer
Foundation or to Soldier On.
Lieutenant-Colonel Randall William Callan, former Crease
Harman LLP partner, was appointed judge of the
Provincial Court of B.C. in Prince George
....
Lt.-Col. Callan is a legal officer with the
Office of the Judge Advocate General and is currently
serving as the Assistant Judge Advocate General Atlantic
Region. He has been deployed to Afghanistan and
Sudan and was counsel for the Government of Canada and the
Canadian Forces before the Somalia Inquiry in 1996.
Image
source: princegeorgecitizen.com/news/author-bios,
accessed 8 October 2016
Mark Nielsen, author of the article on Randy Callan
While serving as defense counsel in the
court-martial system he represented clients who suffered
from PTSD after service in Rwanda
and Bosnia. After 9/11 he had a number of friends who served
in Afghanistan and suffered symptoms of PTSD as a result.
Because of
this experience, he has a special interest in how people
with PTSD are treated in our justice system, either as
accused or witnesses.
Image
source: facebook.com/keith.calow.3, accessed 20 April 2017
Keith Calow
CALOW, Keith, Research note: “The Origins,
Establishment, and Early Work of the Court Martial Appeals Board of
the Canadian Armed Forces, c. 1945-60.” Supervisor: Roger Sarty, PhD
thesis in progress, Laurier, Faculty of Arts, current and past
graduate students, see https://legacy.wlu.ca/page.php?grp_id=177&p=2814
(accessed 11 September 2016);
___________A Sickly Season: The Royal Canadian Navy and the
Mainguy Commission, dissertation, for the degree doctoral of
Philosophy (PhD), Wilfrid Laurier University, 2016, advisor: Dr.
Roger Sarty;
ABSTRACT
This dissertation examines the proceedings of the Mainguy
Commission, which was established in 1949 to investigate
and report on a series of three
“incidents” of collective disobedience which had taken
place aboard Canadian warships in the early months of that
year. The “incidents” were the
culmination of a series of challenges that the senior
staff was already endeavouring to address internally.
Media and political attention to the indiscipline,
however, brought the minister to insist that there be a
public enquiry.
Historians who have examined the report of the Mainguy
Commission have generally accepted that in calling for the
Canadianization of the RCN it
represents a break between the RCN and its British
traditions. As this thesis demonstrates, the idea that
there was a groundswell of nationalist sentiment
in the RCN, and particularly on the lower deck, that
required a break with Britain is incorrect. In fact the
RCN had been attempting to address morale
issues for at least the two years prior to the “incidents”
and had a very good idea of the issues that had to be
dealt with.
This dissertation compares the transcripts of the
hearings of the Mainguy Commission and the report that it
produced. It will argue that the transcripts
in fact do not reveal any particular concern on the part
of RCN personnel that the navy was insufficiently
Canadian. The issues facing the RCN, as
disclosed in the transcripts, were related to the failure
of the government to spend the money required to ensure a
happy and effective fleet. In focusing
on the issue of the Canadianization of the RCN, it will be
argued, the government was attempting to draw attention
away from the real issues facing
the RCN and to exert control over the naval staff.
[source: http://scholars.wlu.ca/etd/1878/,
accessed 8 January 2017]
Major
Jean-Michel Cambron graduated from LavalUniversity with
a Law degree in 1992. He was
called to the Quebec Bar in 1994.
He
practiced law in private practice until his nomination as
member of the public inquiry investigating
the Sûreté du Québec.He was tasked with drafting duties until the report
was submitted to the government
in December 1998.
Major
Cambron joined the Office of the Judge Advocate General in
January 1999.His
first assignment
was in the Headquarters of the Land Forces Quebec Area in
the Office of the Assistant of the Judge Advocate
General.He
was then transferred to the Valcartier Garrison as Deputy
Judge Advocate for the 5th Sector
Support Unit.Concurrently,
Major Cambron was providing legal advice for 3 Wing, in
Bagotville. During
this period, he acted regularly as an instructor on
various LOAC courses, provided training on LOAC
and Operational Law issues.
He
was deployed from September 2001 to March 2002 in Bosnia and Herzegovina
as legal advisor to
the Canadian Battle Group deployed on Operation Palladium,
advising on use of force issues as prescribed
by Canadian and International Law. During the
pre-deployment phase, he supervised the Operational Law
aspect of the training of the Battle Group, including
providing LOAC training for the deployed staff.
Upon
his return from deployment, Major Cambron acted as legal
advisor of the 5 Canadian Mechanized
Brigade Group, based in the Valcartier Garrison. He
provided legal advice to the Brigade Commander, his
staff and the units composing the Brigade on issues mostly
related to military justice and operational training.
This position had an important LOAC training component,
having to deal with qualification and leadership
courses in the CombatSchool, as well
as unit and brigade level exercises.
He
provided training to Lithuanian, Polish and Ukrainian
contingents on LOAC and the use of force during
the Exercise Maple Arch 2003 as part of a Military
Training Assistance Program. This also gave Major
Cambron the opportunity to act as a LOAC guest lecturer in
Lithuania’s
MilitaryAcademy.
From
February 2004 to August 2004, he was the Senior Legal
Advisor of the Canadian contingent’s
National Command Element in Afghanistan
in the International Security Assistance Force. He
provided
advice on international law, conduct of military
operations, targeting, negotiations at various levels,
settled claims and advised on military justice issues. In
the pre-deployment phase, Major Cambron was
responsible for the legal aspects of the Canadian
Contingent’s training. He had the opportunity to
provide training as part of the LFDTS observer-controller
team in Fort Drum, NY and Sherbrooke,
Que. and to address the troops as well as the chain of
command on LOAC and Operational Law issues.
Since July 2005, he employed in the Training Directorate
of the Office of the Canadian Forces Judge
Advocate General. He is currently developing training on
topics such as LOAC and Operational Law.
-------------------------
Biographie Major Jean-Michel Cambron
Le major
Jean-Michel Cambron a obtenu un baccalauréat en droit de
l'Université Laval en 1992. Il est
inscrit au Tableau de l'Ordre du Barreau du Québec depuis
1994.
Il a exercé le
droit en pratique privée avant sa nomination à titre de
membre de la Commission chargée
d'enquêter sur la Sûreté du Québec.Il y occupa la
fonction de rédacteur jusqu'à ce que la Commission
remette son rapport au gouvernement en décembre 1998.
Le major
Cambron s'est joint au Cabinet du Juge-avocat général en
janvier 1999.Il
fut d'abord affecté au
Quartier-général du Secteur du Québec de la Force
terrestre. Il fut ensuite muté à la Garnison Valcartier en
qualité de Juge-avocat adjoint pour le 5e
Groupe de soutien de secteur. Concurremment, le major
Cambron
était chargé de fournir des services juridiques à la 3e
Escadre, à Bagotville en matière disciplinaire et
opérationnelle. Durant ce temps, il a souvent agi à titre
d’instructeur sur divers cours et entraînements en
matière de DCA et de droit opérationnel.
Il fut déployé
du mois de septembre 2001 au mois de mars 2002 en
Bosnie-Herzégovine à titre de conseiller
juridique du Groupement tactique canadien déployé sur
l’Opération Palladium, donnant en outre les conseils
juridiques destinés à assurer l’observancedu droit
canadien et du droit international. Durant la phase de
pré-déploiement, il a été en charge des questions de droit
opérationnel lors de l’entraînement du Groupement
Tactique et a donné un cours sur le DCA aux membres de
l’état major déployé.
À son
retour de mission, il a été nommé conseiller juridique du
5ième Groupe Brigade Mécanisé du Canada,
basé à la Garnison Valcartier. Il a ainsi donné des avis
juridiques au Commandant de Brigade, à son personnel
et aux unités de la Brigade sur la justice militaire et
l’entraînement opérationnel. Ce poste a comportant une
composante importante en matière d’entraînement sur le
DCA, le major Cambron a été impliqué dans les cours
de qualification et de leadership dispensés par l’École de
Combat en plus de s’impliquer dans l’entraînement
des unités et de la brigade.
Il fut chargé de donner de l’instruction à des contingents
Lituanien, Polonais et Ukrainien sur le DCA et sur
l’emploi de la force durant l’Exercice Maple Arch 2003
dans le cadre de l’Accord sur l’assistance à
l’entraînement militaire. Cette expérience a donné la
chance au major Cambron d’agir comme conférencier invité
sur le DCA à l’Académie militaire de Lituanie.
De
février 2004 à août 2004, il a été le conseiller juridique
principal de l’Élément de commandement national du
contingent canadien en Afghanistan dans le cadre de la
Force internationale d’assistance à la sécurité. Il a
ainsi
donné des conseils sur le droit international, sur le
droit opérationnel, sur la sélection des objectifs, a mené
des
négociations à divers niveaux, réglé des réclamations et
donné des avis sur la justice militaire. Durant la phase
de pré-déploiement, le major Cambron a été en charge des
aspects légaux de l’entraînement du contingent
canadien. Il a eu la chance d’agir au sein de l’équipe
d’observateurs contrôleurs du SDIFT à Fort Drum, NY
et Sherbrooke, Qc, de même que de s’adresser aux troupes
et à la chaîne de commandement sur le DCA et le
droit opérationnel.
Depuis
le mois de juillet 2005, il est membre de la Direction
juridique de la formation du Cabinet du Juge-avocat
général. Il travaille à présent au développement de la
formation en DCA et en droit opérationnel.
____________Letter from Jean-Michel Cambron, Deputy Director,
Directorate of International and Operational Law, Office of the
Judge Advocate General to Mr. Bede Sheppard, Senior Researcher,
Children's Rights Division, Huma Rights Watch, on the subject of
"Global Military Law Survey on Schools during Armed Conflict, dated
31 August 2010, available at https://www.hrw.org/sites/default/files/related_material/schools-canada.pdf
(accessed 18 January 2018);
___________"The Office of the JAG: Enhanced Institutional
Performance through a Corporate and Leadership Overhaul", 31 May
2010; Canadian Forces College JCSP 36 / PCEMI 36; disponible
à http://www.cfc.forces.gc.ca/papers/csc/csc36/mds/Cambron.pdf
(vérifié le 6 janvier 2010);
Le LCol Jean-Michel Cambron, de la gauche, deuxième personne
Le
lieutenant-colonel Jean-Michel Cambron explique le
rôle du Juge-avocat général devant 90 invités
d’Avocats sans frontières Canada et de l’Université
Laval, aux côtés du modérateur Érick Sullivan et
des panélistes Me Claudia Lopez David,
vice-protectrice du citoyen du Guatemala et Me Luc
Côté,
avocat spécialisé en droit international. Pour mener
ses missions, tant au pays qu’à l’étranger, les
Forces armées
canadiennes travaillent en étroite collaboration
avec diverses organisations internationales
et canadiennes ainsi que des organisations non
gouvernementales. Ce type d’échange et
d’apprentissage
est nécessaire pour informer tant les militaires que
les partenaires civils et gouvernementaux. //
Lieutenant Colonel Jean-Michel Cambron explains the
role of the Judge Advocate General before 90
guests from Lawyers without Borders Canada and
Université Laval, alongside the moderator and
panellists Erick Sullivan Me Claudia Lopez David,
Vice-protective of citizens of Guatemala and Luc
Côté, lawyer specializing in international law. To
carry out its missions at home and abroad, the
Canadian Armed Forces work closely with various
international and Canadian organizations and
non-governmental organizations. This type of
exchange and learning experience is needed to inform
both the military, as well as government and civil
partners.
Image
source: https://twitter.com/JAGCAF, 11 May 2018, accessed 19 May
2018
Jean-Michel Cambron (second from the right)
____________Photo with LCol Jean-Michel Cambron with the
following description:
Office of the JAG@JAGCAF 11 May
The legal advisor to the military police, LCol
Jean-Michel Cambron, and his team took part in the 2018
Military Police Symposiumthis week. Lots of great
discussion on military law with Canada's Frontline
Police Service.
Photo of LCol Jean-Michel Cambron, speaker at the 10th
Annual
Law of Policing Conference, 1-2 May 2019, Toronto.
---------
Image source: (2007)
1 JAG Les actualités
Newsletter 85.
__________"Services juridiques militaires: La France s'intéresse
au modèle canadien", (2007) 1 JAG
Les actualités Newsletter 85;
CAMERON, John C.A (John Charles A.), 1891-1976, nommé juge
au conseil d'appel des cours martiales, voir "Les militaires
disposent désormais d'un tribunal spécial d'appel", Le devoir,
3 janvier 1951 à la p. 3 et disponible à http://collections.banq.qc.ca/ark:/52327/2781599
(consulté le 10 août 2018); décédé à Montréal, 74 ans, le 18
octobre 1963; pas un avocat militaire; Cameron, un juge à la Cour
de l'Échiquier, en fut le premier président de ce conseil d'appel;
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
____________"In Memoriam: Cameron J.C.A.", The Globe and
Mail, 27 March 1976 at p. 55;
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
LCol J.R. Cameron, OBE
____________on CAMERON, John Ralph, see "Regimental Notes:
Lieutenant Colonel John Ralph Cameron, OBE, Commanding Officer, 1
Battalion and Presidential, Regimental Executive Committee", in
The Patrician, vol. 8, number 1, March 1955, at p. 1, available at
ppcli.com/wp-content/uploads/patrician/Patrician_1955_Mar.pdf,
accessed 13 July 2020;
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
"In 1940 Clarence Campbell enlisted
as a private in the Canadian Army.
(Imperial Oil-Turofsky/Hockey Hall of Fame)
CAMPBELL, Clarence Sutherland, lawyer, "One on one with Clarence
Campbell", 18 March 2011, available at https://www.hhof.com/htmlSpotlight/spot_oneononeb196601.shtml
(accessed 14 May 2019);
When the Second World War broke out in 1939,
Campbell put both his law practice and
his officiating on pause in order to serve his country. He
enlisted in the Canadian Army
as a private in 1940 and quickly rose through the ranks,
earning the rank of lieutenant
colonel by 1945, commanding the 4th Armoured Division.
Following the armistice,
Campbell was appointed as the prosecution lawyer for the
Canadian War Crimes
Commission at the Nuremberg trial of Kurt Meyer, a Nazi
convicted of executing
innocent Canadian prisoners of war. He was later awarded the
Order of the British
Empire and was made King's Counsel.
On his return to North America in 1946, Clarence was
appointed assistant to NHL
president Red Dutton, who had taken the position on the
sudden death of Frank Calder.
A few months later, during the NHL's semi-annual meeting,
Dutton resigned and put
forward his able assistant to succeed him. Clarence Campbell
served as the NHL's
third president from 1946 to 1977.
--------
The prosecution at the Kurt Meyer trial in 1945:
from the left: Lt-Col. Clarence
S. Campbell (later NHL president),
assistant-prosecutor, LCol. Bruce J.S. Macdonald,
prosecutor
and L.Col. Dalton G. Dean, legal officer from JAG
assisting the prosecution
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
___________on CAMPBELL, Clarence Sutherland, Lieutenant-Colonel, was
the prosecutor in the court martial referred to in Boss, William,
"Canadian Pleads not Guilty to Murder Charge in Holland", Globe
and Mail, 1946/05/17, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5028166
(accessed 7 June 2019); court martial of Pte Stefan Kolesar accused
of murder at a court martial;
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
The firm’s Senior Barrister Gordon S. Campbell is a Canadian Armed Forces veteran who has also served as counsel to the Military Police Complaints Commission and Department of Justice Canada, is author of The Investigator’s Legal Handbook (Carswell, 2006; 2nd ed. 2014; ed. française Yvon Blais 2010), and now represents CF Members, Veterans and their families across Canada up to the level of the Supreme Court of Canada.
Image
source: www.dundurn.com/books/Murder-Abbaye,
accessed 23 July 2017
CAMPBELL, Ian, 1943-, Murder at the Abbaye: the story of
twenty Canadian soldiers murdered at the Abbaye d'Ardenne / Ian J.
Campbell, Ottawa : Golden Dog Press, 1996. 187 p., [44] p. of plates
: ill., maps, ports. ; 23 cm.
NOTES: Includes bibliographical references and index., ISBN:
0919614639 (pbk.) ; copy at Ottawa University, Morriset Library D
804 .G4 C35 1996;
Mr. Campbell, born in St. Catharines and called
to the Ontario
Bar in 1930, was overseas in the Second World War with the
Royal
Canadian Artillery and later joined the Defense
Department's office
of the Judge Advocate General. He was named chairman
of the [Immigration
Appeal] Board in 1956.
__________Major J.C.A. Campbell was defence counsel in the
general court martial referred to in the article: "Soldier
Murder Case Decision To Be Announced", Globe and Mail,
1946/05/29; available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5028160
(accessed 30 August 2018); Capt. A.D. Crowe was the prosecutor and
Major E.D. Lee was the JAG;
___________on Campbell, J. Colin, see "Nantel
Posted to U.K.", The Globe and Mail, 1 March 1956, at p.
46:
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___________on Campbell, J. Colin, see National Archives
Canada, John
Colin Armour Campbell fonds [textual record]. [ca.
1850-1903]. Fonds / Collection. MG29-E74,
R9262-0-2-E. Textual material. [Access: Open]. Private.
Battery, 2nd Field Regiment, RCA He was
president of standing Courts-Martial, Camp Borden, 1945 and
assistant judge advocate general at Camp;
___________photo of CAMPBELL, J.C.A., Lieutenant-Colonel, in The
Ottawa Citizen, Friday, 2 March 1956 at p. 22; retrieved
from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2338129969?accountid=46526
, accessed 1 May 2020;
Source: www.kimcampbell.com/timeline, accessed 11 July 2016
Kim Campbell as Minister of National Defence
CAMPBELL, Kim, "Kim Campbell on the Somalia Inquiry", CBC Player,
CBC Archives, 30 January 1997, 10 minutes, available at http://www.cbc.ca/player/play/1791222626
(accessed 10 July 2016); Ms. Campbell, former DND Minister and
Prime Minister;
At the far left is the JAG, BGen Pierre Boutet
___________"Kim Campbell and the Somalia Affair", wn.com, 5 June
2017, available at https://wn.com/somalia_affair
(accessed 29 June 2017); video, 7 minutes and 23 seconds; also
available from CBC News on YOU TUBE at https://www.youtube.com/watch?v=hZtPFC2Kdkc
(accessed 26 November 2017);
Image
source: twitter.com/huguetteyoung?lang=en, accessed 5 July 2017
Huguette Young
___________on Kim Campbell, see the article by YOUNG, Huguette,
"Affaire somalienne : Kim Campbell croyait que l'armée voulait
l'intimider", Le devoir, Montréal, 30 janvier 1997, p. A4;
disponible à http://numerique.banq.qc.ca/patrimoine/details/52327/2767614?docsearchtext=avocat%20militaire
(vérifié le 14 juin 2018);
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
___________Time and chance. The political memoirs of Canada’s
first woman prime minister, Toronto: Doubleday Canada,
1996, 434 p.; title noted in my research on the Somalia affair but
book not consulted yet (25 August 2019); to be read in connection
with the Somalia affair;
Source of
image: ca.linkedin.com/in/isabel-campbell-95860377, accessed 28
October 2017
Isabel Campbell
CAMPBELL, Margaret Isabel Catherine, 1957-, Harmony and
Dissonance. A Study of the Influence of Foreign Policy
Goals on Military Decision-Making with Respect to the Canadian
NATO Brigade in Germany, 1951-1964, Thèse présentée à la
Faculté des études supérieures de l'Université Laval pour
l'obtention du grade de Philosophiae Doctor (Ph.D.), Département
d'histoire, Faculté des lettres, Université Laval, Québec, 2000.
337 f.; disponible à http://www.collectionscanada.gc.ca/obj/s4/f2/dsk2/ftp02/NQ54006.pdf
(vérifié le 11 janvier 2015); aussi disponible à http://www.nlc-bnc.ca/obj/s4/f2/dsk2/ftp02/NQ54006.pdf
(consulté le 28 octobre 2017);
There was one Court Martial, involving a German-Canadian
romance, which was a marked exception as the file
indicated clearly its impact upon the Gemans. The
case was well reported in the German press as it captured
the
public imagination and there was even a German play
written based upon this event. [footnote 61 at p. 32]
......
An element of hypocrisy developed in the effort to
improve public relations. Canadian officers had
associated
socially with Kurt
Meyer, a convicted German war criminal.
Meyer as a German general had been convicted
of ordering the murder of Canadian Prisoners of War and
had served his sentence in Canada. When he was
released.
he visited the brigade and succeeded in negotiating a
contract to supply the Canadian camps with beer.
Meyer had
been a guest in the 0fficers Mess on a few occasions and
Canadian officers certainly knew his background.
Once the
association with Meyer became known through the American
troop publication, Stars and Stnpes, the
negative
publicity required that the relationship be
severed and so it was, though his contract to seIl beer
remained intact.
Meyer was respected by his fellow Germans and several
Canadians wrote letters criticising the legal
proceedings
against Meyer and defending him. They were
aware that Canadians had committed similar, but
unprosecuted,
crimes. Moreover, Meyer had served his
sentence.
[pp. 275-276, footnotes omitted]
The fonds consists of documents that were used by
Isabel Campbell for her research for her book, Unlikely
Diplomats.
The Canadian Brigade in Germany, 1951-64. The majority
of the files are duplicates from numerous archives and
government departments, books and articles. There are 11
series:
1. Erich Reichel Material 2. Court Martial records from the
Judge Advocate General Office
3. Directorate of History and Heritage (DHH) Collection
4. Library and Archives Canada (LAC) Documents
5. Miscellaneous Archival Documents
6. Chapters and Articles in Published Books
7. Articles, Papers and Drafts
8. List of Books and Documents for Further Research
9. Documents Presented to an Event
10. Interviews
11. Miscellaneous Files
Image
source: coloneltedcampbell.files.wordpress.com/2016/05/photo-on-2016-04-13-at-9-45-am.jpg?w=174
(accessed 16 January 2017)
Ted Campbell: "The periodic ramblings of an old, retired, Canadian
soldier...."
CAMPBELL, Ted, "Leadership [about the
court martial of Major General Michel Rouleau], Ted Campbell's
Point of View", blog of 14 October 2016; available at https://coloneltedcampbell.blog/2016/10/14/leadership/
(accessed 16 January 2017);
His sentence was lighter than many expected, lighter than those
imposed on others who did not, immediately, take full
responsibility
for their actions and, instead, tried to hind behind excuses. But
it was precisely because, from the very instant the negligent
discharge
happened, that MGen Rouleau took full, public responsibility and
hid behind nothing, that the judge awarded a relatively light
sentence.
The Canadian Forces have had too many instances, over the past
couple of decades, of senior, often very senior officers blaming
subordinates,
hiding behind rules and regulations and, generally, not welcoming
full responsibility for their actions …
CAMPBELL, William Ernest who has been in the OJAG, see "William
E. Campbell Named Magistrate", Richmond Review, Richmond,
BC, Wednesday 2 March 1966 at p. 1, available at
https://www.newspapers.com/...., accessed 28 May 2020;
-------
Sébastien Campeau, source: ca.linkedin.com/in/s%C3%A9bastien-campeau-722059a8,
accessed 29 August 2016
CAMPEAU, Sébastien, L'intervention militaire en octobre 1970
et La loi sur les mesures de guerre: modalités et
réactions, mémoire présenté comme exigence partielle de la
maitrise en histoire, juin 2009, Universié du Québec à
Montréal, vi, 155 p.; disponible à http://www.archipel.uqam.ca/2207/1/M10984.pdf
(accessed 29 August 2016);
Bruce
Campiom-Smith, image source: www.linkedin.com, accessed on 20
January 2015
CAMPION-SMITH, Bruce, "Canada’s top general
“horrified” by images of Iraqi abuse. Gen. Jonathan Vance, the
chief of defence staff, says he was “horrified” by the images
revealed by the Star of an elite Iraqi squad torturing and in one
case, executing a detainee", Toronto Star, 12 June 2017; available
at https://www.thestar.com/news/canada/2017/06/12/canadas-top-general-horrified-by-images-of-iraqi-abuse.html
(accessed 13 June 2017);
...Vance said the laws of armed conflict and
proper treatment of prisoners are among the lessons Canadian
troops are trying to impart to Iraqi
security forces as part of their advise-and-assist mission.
“We’re very good at that. It’s not
corny stuff. It’s not bringing a fuzzy set of imprecise
Canadian values to bear. Those Canadian values are
values which actually underpin the law of armed conflict,
that underpin the Geneva Conventions,” he said.
“That is one of the fundamentals
of professionalism, the righteous, judicial application of
force. We all have it in common, everyone in uniform
that’s a professional,” he said.
“Those who are not, those who fall
into the category of ragtag militia... they’re on your
side, they’re armed, but they’re not professional.”
After the abuse was revealed,
Foreign Affairs Minister Chrystia Freeland said Canadian
diplomats in Baghdad and Ottawa raised
their concerns
with senior Iraqi officials and sought assurances that the
ERD unit would be investigated.
The task force overseeing
Operation Inherent Resolve – the coalition effort against
Daesh – said it provided all information about the
“allegations”
to the Iraqi government. It said the Ministry of the
Interior had struck a committee to lead the investigation
“impartially” and, once complete, “take
legal actions in accordance with the law.”
Photo
by BLAIR GABLE / REUTERS, published with the article
From the left Lieutenant-Colonel Try Sweet, defence counsel, and
Brigadier-General Daniel Ménard
CAMPION-SMITH, Bruce, "Canadian general charged with obstruction of
justice. The former commander of Canada’s effort in
Afghanistan, along with a female subordinate, have been charged by
military police after admitting to a sexual affair", 12 July 2010,
available at http://www.thestar.com/news/canada/2010/07/12/canadian_general_charged_with_obstruction_of_justice.html
(accessed 12 January 2016);
A seven-year investigation into whether Canadian
military commanders ordered soldiers to turn a blind eye to
the abuse of young boys in Afghanistan is now in the
hands of the country’s top soldier, Gen. Jonathan Vance, for
review.
___________ "Failure to Act on Sex Abuse: Canadian military knew
of assaults on boys by Adghans, but didn't act because of
'unclear' training, poor communication, report finds", Toronto
Star, 13 April 2016 (accessed on 14 November 2014);
The defence department on Tuesday released the
results of a long-awaited investigation examining the
response
of the Canadian military to reports of sexual abuse of boys
by Afghan soldiers and interpreters.
....
But it did find evidence that commanders up and down the
chain were informed of "possible" sexual activity
but that action was limited and that formal reports were
never passed up the chain.
For example, on Oct. 3, 2006, a weekly advisory from
Afghanistan to the legal adviser for the command
leading the Afghan mission said that "possible sexual
assaults were taking place in theatre and that a CF
policy review was required."
CANADA MILITARY SERVICE COUNCIL, The Military Service Act,
1917 : Manual for the information and guidance of tribunals in
the consideration and review of claims for exemption /
Military Service Council, Ottawa : King's Printer, 1918, 117
p.; NOTES: Issued ... by the authority of the Hon. J.C.
Doherty, Minister of Justice; available at https://archive.org/details/MilitaryServiceAct1917Manual
(accessed 13 May 2017); NOTE: also available in French under the
title: Loi du Service Militaire, 1917; manual pour
l'information et la gouverne des tribunaux dans leurs
délibérations et revision des demandes d'exemption, 1918, 119 p. 8vo;
____________Report of the Military Service Council on
the administration of the Military Service Act, 1917 Military
Service Act, 1917, Ottawa : J. de Labroquerie Taché, Printer
to the King, 1918, 26 p. ; 25 cm. NOTES: E. L.
Newcombe, chairman. Includes supplementary report, 1918, bound in;
DISCIPLINE AND MILITARY LAW.
The discipline of the Overseas Military Forces of Canada for
the year 1918 was distinctly satisfactory, and this was largely
due to the efficient administration and discipline by Command
ing Officers and to the esprit de corps which has been nourished
and developed among all ranks of the Canadian Forces
Originally, the administration of Military Law affecting
the Canadian Troops in this country was carried out solely by
the Imperial Authorities acting through the Army Council
and the General Officers commanding the different Imperial
Commands. Since December, 1916, however, this position was
carefully but steadily modified by the adoption of the principles
of control of Canadian troops in England by the Canadian
Government through the Minister, Overseas Military Forces of
Canada and his Military Advisers.
The first modification arose in connection with the applica-
bility to Canadian Troops of the Royal Warrant for their pay,
etc., and early in 1917 it was established that Canadian Orders
in Council and Canadian Pay Regulations should govern this
subject exclusively.
Since then the principle has been extended to all dis-
ciplinary regulations. King's Regulations (Imperial) are still,
it is true, in general use, but this is for the most part a matter
of convenience and it is recognised that they are only applicable
where they are consistent with Canadian Regulations bearing
on the same subject. Army Council Instructions and Routine
Orders are only made applicable to the Canadian Forces when
considered desirable by the Canadian Authorities. No Imperial
Order or Army Council Instruction is applicable to the
Canadian Overseas Military Forces unless made so in Head-
quarters Canadian Routine Orders. [p. 37 ]
........
The work of the Branch of the D.A.A.G. comprises : —
Discipline. — Including the discipline of Units, Officers, other
ranks, Courts of Enquiry, Boards, Courts Martial, and Suspended
Sentences.
There is no subject of more importance to the Army than
that of discipline. It is the means by which the Army is held
together and carries on. Without discipline all military bodies
become mobs, and worse than useless.
It is a particular function of the D.A.A.G. [DEPUTY ASSISTANT ADJUTANT-GENERAL'S] Branch to see to the maintenance of discipline throughout the Corps, and while the responsibility for the discipline of a Unit rests in the first instance on the Commanding Officer, supervised by the Brigade and Divisional Commanders, the general direction and supervision rests with the D.A.A.G.
To maintain discipline and award punishments for military
offences, the Commanding Officer of the Unit has ample powers
of summary punishment. For more serious cases the offender
is sent for trial by a Field General Court Martial, which has
plenary powers of punishment. For the trial of all serious,
difficult or complicated cases the Court Martial Officer, a trained
legal expert, attends. He records the evidence and advises the
Court on all points of law and procedure.
But discipline enforced by punishment alone is a poor sort of
discipline which will not stand any severe strain. What is
aimed at is the high state of discipline which • springs from a
military system administered with impartiality and judgment so
as to induce on all ranks a feeling of duty and the assurance that,
while no offence will be passed over, no offender will be unjustly
dealt with.
In order to give men who have committed serious military
offences through exhaustion, temporary loss of nerve, or other
causes, an opportunity of redeeming their character and earning
the remission of their sentences the Army (Suspension of
Sentence) Act was passed. This Act provides that when any
soldier is sentenced by a Court Martial to penal servitude or
imprisonment he will not be committed to prison, but will be
kept under arrest until the directions of the " Superior Military
Authority," that is, the Commander-in-Chief or the Army
Commander, are received. The Act does not affect the rights of
confirming and reviewing authorities to commute or remit the
sentence of the Court Martial, but where such authorities consider that sentences of penal servitude or imprisonment
should be carried out they state this definitely in a separate
minute when forwarding the proceedings giving their re-
commendations. When a sentence has been suspended by a
" Superior Military Authority," the Unit concerned is at once
notified by telegram, stating the date of suspension, and the
soldier under sentence is released from arrest. He thereupon
becomes free from any disability in respect of the sentence
which has been suspended.
Where a sentence has been suspended the case may at any
time, and must at intervals of not more than three months, be
reconsidered by a " Competent Military Authority," who is
usually the Brigade Commander or other officer holding an
equivalent or superior command. If on the reconsideration of
the sentence it appears to the " Competent Military Authority "
that the conduct of the soldier has been such as to justify a
remission of the sentence he shall remit it. If he does not think
the soldier's conduct deserves the remission of the sentence, he
may bring it forward for reconsideration at a later date. If, on
the other hand, the soldier's conduct justifies it, the " Superior
Military Authority " may order that the soldier be committed to
prison to serve the sentence.
The working of the Act has been most satisfactory. It has
resulted in the prevention of crimes committed with a view of
evading duty. At the same time, the Act enables clemency
to be extended to soldiers who have been guilty of grave military
offences, and gives them the opportunity during the period of
the suspension of their sentences of expiating their offences by a period of good conduct or by gallant or meritorious acts.
Military Law. — The administration of Military Law and the
compilation of regulations relating thereto, rulings and com-
plaints.
The D.A.A.G. is responsible that Military Law is correctly
and uniformly administered throughout the Corps, and in
accordance with the King's Regulations and the orders and
rulings of higher authority from time to time issued.
He must also see that all amendments to the Army Act or
other statutes relating to the Army, as well as any changes in
the King's Regulations, Rules of Procedure, etc., are immediately
brought to the notice of lower formations. The compilation of
all regulations and rulings of higher authority for reference and
promulgation is one of the important duties of his Branch. pp. 295-296]
Source:
facebook.com/photo.php?fbid=1719898684788218&set=g.1451658385158523
&type=1&theater&ifg=1, accessed 24 September 2018
Whereas
Corporal Timothy Leblanc was released from
the Canadian Forces on May 20, 2010 by reason
of a finding of guilty at court martial on
January 8, 2010;
Whereas the finding of guilty ceased to have force
and effect as a result of a decision of the
Court Martial Appeal Court dated October 12, 2011 in
which the Court ordered that a new trial be held;
Whereas on April 21, 2012, at the conclusion of the
new trial, the court martial rendered a finding
of not guilty;
And whereas Corporal Timothy Leblanc
has consented in writing to the cancellation of
his release from the Canadian Forces;
Therefore, His Excellency the Governor General in
Council, on the recommendation of the Minister of
National Defence, pursuant to subsection 30(4) of
the National Defence Act and paragraph
15.50(2) of the Queen’s Regulations and
Orders for the Canadian Forces,
cancels the release from the Canadian
Forces of Corporal Timothy Leblanc.
- Subsection 30(4)
of the National Defence Act and QR&O 15.50(2)
CARNIOL, Naomi, "Beyond the Ordinary", (February -- Spring
2009) 33(2) Canadian Lawyer
14-15, available at http://www.canadianlawyermag.com/Beyond-the-ordinary.html
(accessed on 18 June 2012); about the career of Major
Anthony Farris;
CANADA, LE, "Les juristes ont beaucoup à faire dans nos
armées. Le ministère de la défense nationale a à son service
de nombreux avocats", Le Canada, Montréal, mardi, 7
décembre 1943, à la p. 2; disponible à http://collections.banq.qc.ca/ark:/52327/3572647
(vérifié le 26 janvier 2019);
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
note: title in bold of the article omitted
CANADA, Chief of the Defence Staff, Chief of the Defence Staff guidance to commanding
officers, [Ottawa : Dept. of National Defence,
2007], 68 p., 28 cm; there is a version, the same? available
at http://www.docstoc.com/docs/97958723/CDS-Guidance-to-COs_2011
(accessed on 8 January 2015);
Contents
Chief of the Defence Staff introduction – General instructions –
1. Chief of the Defence Staff vision and guidance – 2. Leadership
– 3. Defence ethics and senior leadership – 4. Customs and
traditions – 5. Accountability and organization – 6. Military
administrative law – 7. Law of Armed Conflict at the operational
and tactical level – 8. Code of conduct for Canadian Forces
personnel – 9. Use of force in Canadian Forces operations: rules
of engagement – 10. Discipline – 11. Resource management – 12.
Human rights and diversity – 13. The environment and sustainable
development – 14. Stress management – 15. Public affairs – 16.
Administrative review process. Conduct and performance
deficiencies. Universality of service and accommodation – 17.
Conflict management – 18. Civilian human resources management –
19. Mental and physical health issues and programs – 20. The
unique relationship of commanding officers with their appointed
unit petty officer/warrant officer – 21. Safety – 22. Canadian
Forces physical fitness program – 23. Family violence – Annex A.
Certification form (source: IRC catalogue)
CANADA, "Information Exchange on the Code of Conduct on
Politico-Military Aspects of Security -- Submission by Canada --
2008", available at http://www.osce.org/fsc/31794
(accessed on 27 May 2012);
CANADA, "Responses to Document CCW/GGE/X/WG.1/WP.2, entitled IHL
and ERW, dated 8 March 2005", click
here
for document (accessed on 28 May 2012);
Deployment
of
Legal Advisers
27. Military legal advisers accompany all
Canadian Forces deployed operations and provide IHL advice on the
conduct of military operations at the tactical level.
Additionally, legal advisors advise all levels of the chain
of command that are involved in the planning and conduct of
military operations. Specifically, military
legal advisers must conduct a legal review of all operational
plans and ROE prior to their approval by the chain of
command. Legal advisers also provide legal
advice on all targeting decisions requiring consideration by a
Targeting Directive at all levels of command. Within the
Canadian Forces, military legal officers
belong to the Office of the Judge Advocate General and are under
the command of the Judge Advocate General, a General Officer who
is statutorily responsible
to the Minister of National Defence. Consequently Canadian
Forces legal officers are not a part of or subject to the
direction of the military chain of command.
They are able to provide independent legal advice to military
commanders.
Training
in
International Humanitarian Law ....
29. The Canadian Forces undertakes the delivery
of various forms of training to its personnel in International
Humanitarian Law, including the Law of Armed
Conflict. A sampling of the various forms of training
delivered to Canadian Forces personnel includes the following:
(i) Training in the Code of Conduct for Canadian
Forces Personnel – This training package is provided to all
Canadian Forces members as part of their basic
recruit training. It involves indoctrination training in the
central rules of conduct demanded of every Canadian Forces member
engaged in military operations,
such as an armed conflict to which Canada is a party, a peace
support operation or a continental defence operation (see Annex
A). The rules contained in the
Code of Conduct for Canadian Forces personnel ensure that the
Canadian Forces apply as a minimum the spirit and principles of
IHL in all Canadian Forces
operations;
(ii) Royal Military College of Canada Military
Law Course – This academic course is offered to Canadian Forces
members pursuing an undergraduate university
degree at Canada’s military college. It is a university
credit course of one academic semester’s duration that involves
training delivered by university professors
(including Canadian Forces legal officers) in the IHL principles
and rules governing the conduct of military operations.
Central to the course curriculum is the
study of the lawful conduct of armed conflict in all environments,
war crimes, the lawful use of weapons, and the proper treatment of
the sick and wounded,
civilians, detainees and prisoners of war. This course is
currently offered as an elective. However, commencing in
2006, this course will become a mandatory
course for all Royal Military College of Canada undergraduate
degree programs;
(iii) Officer Professional Military Education
(OPME) Program Military Law Course – This is a course offered as
part of a mandatory self-study program
for all Canadian Forces officers. The equivalent of one
semester university course, its completion is required by all
Canadian Forces commissioned officers
as a pre-requisite for promotion to senior officer rank
(Major/Lieutenant Commander or above). Non-commissioned
officers are also encouraged to complete
this course as part of their professional development process;
(iv) The Law of Armed Conflict Course – This
course is intended to provide greater familiarization to Canadian
Forces members with IHL principles and rules.
The training, consisting of lectures and syndicate
discussion, is provided primarily by the Office of the Judge
Advocate General. The course curriculum deals
with such issues as the lawful conduct of hostilities in all
environments, war crimes, the lawful use of weapons, and the
proper treatment of the sick and wounded,
civilians, detainees and prisoners of war during armed
conflicts. Officers and Non-Commissioned Members in
supervisory positions are strongly encouraged to
obtain this qualification. This course is also
delivered to officers attending the Caribbean Joint Command and
Staff Course offered annually in Kingston, Jamaica.
Finally, the Department of National Defence and the
Department Foreign Affairs and International Trade jointly offer
this course to foreign students as part of the
Canadian Military Training Assistance Program; and
(v) Theatre and Mission Specific Pre-Deployment
Training – This training is provided to every Canadian Forces
member prior to deployment on an international
military operation. Training packages offered under this
heading are mission specific and dynamic. They are
continuously amended from mission to mission and
between mission rotations to ensure that deploying soldiers
receive the most current and relevant training to their mission
environment. Pre-deployment training
covers the central IHL principles and rules governing the conduct
of Canadian Forces military operations. Soldiers also
receive lecture training and participate in
practical exercises concerning in the application of these
principles and rules. They also receive training ranging
from Rules of Engagement and Use of Force
Directives to cultural sensitivities pertaining to their
mission. This training is delivered through the Canadian
Forces Peace Support Training Centre in Kingston,
Ontario, as well as delivered directly to formed units at their
pre-deployment mission training locations throughout Canada.
CANADA AM, CTV Television, "Commander Discusses CanadianForces
Misconduct in Bosnia", CTV
Television, Inc., 20 January 1997;
CANADIAN ARMED FORCES, "Legal Officer", You Tube, published on 2
May 2014; officers involved in video are Major Steve Strickey and
Lt(N) Dorothy Liang; available at https://www.youtube.com/watch?v=1Hg92h9mIEI
(accessed on 22 August 2014);
Image source: ebay image by armyoutfitters
accessed 12 December 2017
CANADIAN ARMY, Canadian Army Handbook on District Courts
Martial 1941 (December) / prepared by officers of the Judge
Advocate-General's Branch in Collaboration with Officers of other
Branches, Ottawa: Edmond Cloutier, Printer to the King's most
Excellent Majesty, 1941, 78 p. ; 25 cm.; copy at Canadian War Museum, Hartland Molson Library/Musée canadien
de la guerre, Bibliothèque Hartland Molson, UB 855 C2 C36
1941;
CANADIAN ARMY, Military law / Canadian Army study papers :
military law, [Ottawa : Queen's Printer, 1949], 1 v.
(loose-leaf) ; 37 cm.; notes: Technical file. Cover title
Includes Staff College entrance examination on military law, dated
16 February 1950 and "Canadian army qualification examinations,
1950, Lieutenant to Captain-active force," "Militay Law," two
papers on "Notes on Military Law," and "District Courts-Martial -
Review of Proceedings" found separately at the back of the file.
Includes 20-pages of question and answers at the front of the
file; FOLIO U 440 C2 M55 1949, at the Canadian
War Museum, Hartland Molson Library, 1 Place Vimy, Ottawa;
CANADIAN BAR ASSOCIATION, CBA Connect, AWARDS & COMPETITIONS:
MOOTS
MILITARY LAW
The CBA Military Law Section, in conjunction with the
Office of the Judge Advocate
General, present the Major-General Henry Smith Memorial
Award at the Canadian
round of the Philip C. Jessup International Law Moot
Competition. Prizes are awarded
to the top three oralists.
THE CANADIAN BAR ASSOCIATION, National Military Law Section
-- Established 1999 / FRANÇAIS : L'ASSOCIATION DU BARREAU CANADIEN, Section nationale du droit
militaire, créé en 1999
During the 1998 CBA Canadian Legal Conference in St. John's
very informal discussions between military lawyers and Mr. John
Hoyles, CBA Executive Director, took place about the possibility
of creating a Military Law Section.
Those discussions sowed the seeds of the idea of a Military Law
Section.
Subsequently, for the first time ever, thanks in a large part
to the Government and Public Sector Lawyers Conference's
initiative on reducing fees for Government lawyers, all Regular
Force military lawyers from the Office of the Judge Advocate
General (JAG) joined the CBA in January 1999.
___________National Military Law Section -- Publications and
Resources , "100 Years of JAG Advice to the Canadian Forces--
Challenges and Opportunities (video recording of August 14, 2012
Canadian Legal Conference session)", available at http://www.cba.org/cba/sections_military/main/Publications_Resources.aspx
for members (accessed 2 May 2015);
___________PD Archives -- Conferences (course materials can be
purchased); CLE Conferences = Continued Legal Education Conferences;
Military Law Conference: "Perspectives on Military Law"
- October 27, 2004 (Ottawa).
Unraveling the Mystery: The Keys to Military Administrative
Law - October 22, 2003-Lorne Building (90 Elgin Street,
Ottawa, Ontario); copy at University of Windsor;
ISBN:1894015851;
"Troops or Cops? The Role of the Canadian Forces in Domestic
Security Operations." (Montreal CBA Canadian Legal
Conference)
The Five Year Review of Canada's National Defence Act:
an Opportunity for Change in the Military Justice System? October 23, 2002 (Ottawa).
Joint Program with International Law Section, Sales &
Commodity Tax Section, Public Sector Lawyers Conference,
Justice Department, DFAIT and CITT. May 3-4, 2001 (Ottawa).
___________ PD Archives -- CLE Conferences = Continued Legal
Education Conferences, 2007
Military Law CLE Conference Going Beyond the News,
October 2007; pdf format;
Description
Have you watched the news lately? Canada's military deployment to
Afghanistan and the global war on terror raise challenging new
issues on a regular basis. This binder includes
papers that get behind the stories and jump into the debates
including the topic of "universality of service" within the larger
context of human rights; and a model to balance the right
to full answer and defence with the need to protect sensitive
information, in the context of national security proceedings (all
this entry comes from http://www.cba.org/cbastore/search.aspx?pubid=2&subject=Military+Law,
accessed on 8 April 2013)
CBA CEO John Hoyles is now Col. Hoyles, having been
welcomed to the position of Honorary Colonel of the Legal
Branch of the Department of National Defence on Feb. 6.
“It is a great honour for me to be doing this, and I
absolutely thrilled by it,” said Hoyles in an interview
with National Magazine. “I think it’s a compliment, not so
much to me, but to the CBA.”
The position carries a particular honour because of his
family’s rich history in both the military and the law.
His position has a three-year term, which can be
renewed. The honorary rank comes with actual
responsibilities, says Hoyles, who will meet with lawyers
in the Judge Advocate General’s office in Ottawa, Halifax
and Victoria to talk about the importance of their roles;
and also helping to educate and raise awareness of lawyers
in military towns about the differences between military
and civilian law.
The involvement of the Judge Advocate General’s office
in the CBA has given members a whole new perspective on
military law, he says.
“I think there’s something very interesting when you
have people that are in uniform attending the Canadian
Legal Conference. They very much wanted … the military
lawyers to be more engaged in the profession, but the
legal profession (also) needs to better understand what
military lawyers do.”
Hoyles was able to choose which branch of the military
he wanted to represent. He chose the army because of his
grandfather, a member of the Black Watch who was killed on
the battlefield in Amiens, France in 1918, just before the
end of the First World War.
CANADIAN BAR ASSOCIATION NATIONAL PROFESSIONAL DEVELOPMENT STREAM
MATERIALS, 100 Years of JAG Advice to the Canadian Forces
- Challenges and Opportunities/ 100 ans du
Juge-avocat général (JAG) au service des Forces armées
canadiennes : défis et perspectives[PRESENTATION][PRESENTATION
FRANÇAIS],
Moderator:Lieutenant-Commander
Pascal Lévesque, Office of the Judge Advocate General
(Gatineau); Speakers:Colonel
Mario Léveillée, Office of the Judge Advocate General
(Ott.); Lieutenant-Colonel Roger Strum, Office of the Judge
Advocate General (Ott.); Commander
Bonita Thornton, Office of the Judge Advocate General
(Toronto); Note: CBA Canadian Legal Conference, CBA and CCCA
Programs, August 12-14, 2012, Vancouver, BC; available at http://www.cba.org/CBA/Vancouver2012/cba-pd/Materials.aspx,
accessed on 21 January 2015;
----
Captain Dominic Martin, defence counsel, video still at 01:49 of
02.32 Captain
Dominic Martin, left, with Lieutenant-Commander P. Desbiens, video
still at 01:25 of 02.32
CANADIAN BROADCASTING CORPORATION [CBC],"Topic spans:
1992-1997--The Somalia Affair", available at http://archives.cbc.ca/war_conflict/peacekeeping/topics/723/
(accessed on 6 December 2011); research note: 20 television
clips and 3 radio clips;
Image
source:
http://www.cbc.ca/news/canada/canadian-poisoned-by-fellow-soldiers-awarded-625-000-1.755496
"Matt Stopford was poisoned by tainted coffee
while serving with the military in Croatia in 1993. ((Tom
Hanson/Canadian Press)"
CANADIAN BROADCASTING CORPORATION NEWS, CBC News, "Canadian poisoned
by fellow soldiers awarded $625,000", 25 March 2008, available
at http://www.cbc.ca/news/canada/canadian-poisoned-by-fellow-soldiers-awarded-625-000-1.755496
(accessed 14 January 2016); counsel for Matt Stopford was Paul
Champ, an Ottawa lawyer;
A Canadian soldier poisoned by his own men in
Croatia in 1993 was awarded $625,000 in a deal with the
federal government, records show.
....
It was listed as an ex-gratia — or kindness — payment,
which recognizes no legal liability.
....
Stopford, a former warrant officer, sued the Defence
Department for $7.5 million in 2001,
claiming the department failed in its duty to
warn
him about the poisoning attempts. He also blamed the
military for not providing quick and effective care when he
became ill after his return to Canada.
....
Stopford was informed by a military leader in 1999 — six
years after his return from overseas — that his own men in
Croatia tried to poison his coffee
with boot blacking, battery acid and eye drops.
....
Six soldiers were apparently responsible, but the alleged
poisoners were never charged because the statute of
limitations had run out.
Canadian Broadcasting Corporation (Radio-canada) v. Canada
(Attorney General), [2017] 2 FCR 304, 2016 FC 933 (CanLII),
decision by Madam Justice Sylvie E. Roussel, a former counsel with
the Somalia Inquiry, 15 August 2016 <https://www.canlii.org/en/ca/fct/doc/2016/2016fc933/2016fc933.html>;
about the open court principle for courts martial;
-------
[Source Annex A to 5203-3 (CMA), 14
December
[source: courthouselibrary.ca/how-we-can-help/our-legal-knowledge-base/court-martial-decisions-and-transcripts]
2016, Request legal
documentation]
accessed 15 January 2018
Canadian Committee on National Security Systems (CCNSS):
- What is CCNSS?
The Canadian Committee on National Security Systems (CCNSS)
was established by Deputy Ministers
of National Security to govern Government of Canada (GC)
National Security Systems (NSS) through
the development of national standards and enterprise
approaches that promote the consistent application
of security.
The CCNSS’s main responsibility is to oversee the protection
of NSS, while enabling secure inter-operability
within the Canadian Security and Intelligence community, as
well as with Allied organizations, today and into
the future.
A Canadian NSS is a system within which national security
activities are enabled and protected. Information,
resources and assets are of such sensitivity that compromise
could undermine the national security of Canada
or its partners. The security measures required for a NSS are
designed to provide confidence and defence against
the most sophisticated threat.
The CCNSS is chaired by the Deputy Chief of Information
Technology Security (CSE) and consists of a Committee,
a Secretariat, and various Working Groups. Members,
participants of the committee, the secretariat and the working
groups, and Subject Matter Experts are drawn from Member
departments. The CCNSS meets quarterly, and on an
ad hoc basis as required.
Committee membership includes Assistant Deputy Ministers
from CSE, the Department of National Defence, the
Privy Council Office, the Royal Canadian Mounted Police, the
Canadian Security Intelligence Service, Public
Safety Canada, Shared Services Canada, Treasury Board
Secretariat, and Global Affairs Canada. CSE provides
the executive secretariat function, which supports the CCNSS.
[https://www.cse-cst.gc.ca/en/node/2445/html/28534,
accessed 8 April 2020]
Major Marla Dow, Canadian Forces
(Office of the Judge Advocate General)...spoke briefly about the
challenges encountered by military forces in the face of cyber
warfare. Major Dow pointed out the imperative need to adapt the
current set of rules and regulations in the military realm, with
an emphasis on the rules of engagement. She suggested that the
international law related to armed forces should also be
applicable in the cyber context.
Image source:
http://www.ccil-ccdi.ca/events, accessed 16 June 2017
From the left Karinne Coombes (speaking), and sitting, Jason
Nickerson,
LCol Alexander Bolt, and Catherine Gribbin.
The Canadian Red Cross and the University of
Saskatchewan’s College of Law hosted a half-day conference
exploring how
international humanitarian law protects aid workers during
armed conflict on March 15, 2017. This event included a
discussion with a panel of experts from the Judge Advocate
General (JAG), the International Committee of the Red Cross,
the
Canadian Red Cross.
CANADIAN DELEGATION TO THE ORGANIZATION FOR SECURITY &
COOPERATION IN EUROPE (OSCE), Reply
to
the Questionnaire on the Code of Conduct on
Politico-Military Aspects of Security, FSC.EMI/276/12, 27
June 2012, note number 0163, available at http://www.osce.org/fsc/91804
(accessed on 2 August 2012); in English only; see the 2014 reply
at http://www.osce.org/fsc/120097?download=true
(accessed on 2 November 2014); see the 2015 reply at http://www.osce.org/fsc/152306?download=true;
important contribution;
CANADIAN DIRECTORATE OF ARMY TRAINING, "The Banning of the
Anti-Personnel Mine", ARMY DOCTRINE & TRAINING BULL.,
Feb. 1999; research note: this title is mentionned in footnote 43
of the following article: JACOBS,
Major Christopher
W., "Taking
the Next Step: An Analysis of the Effects the Ottawa Convention
May Have on the Interoperability of United States Forced with the
Armed Forces of Australia, Great Britain, and Canada", (2004) 180
Military Law Review 49-114, at p. 58; available at https://www.loc.gov/rr/frd/Military_Law/Military_Law_Review/pdf-files/180-summer-2004.pdf(accessed
25 January 2017);
CANADIAN FORCES, Army
LessonsLearned Center,
"Law of Armed Conflict,
Peace Support Operations and You" in Dispatches, Vol. 4, No. 2, March 1997; available
at http://web.mac.com/dmlast/DavidMLast/Mongolia_files/vol4no2-loac-e.pdf
(accessed on 29 March 2012); the Army LessonsLearned Center is located
in Kingston, Ontario, FRANÇAIS :
FORCES CANADIENNES, Centre des Leçons Retenues de L'armée, "Le
droit des conflits armés - les opérations de soutien de la paix et
vous", dans Dépêches,
volume 4, numéro 2, mars 1997; le Centre des Leçons Retenues de
L'armée est situé à Kingston, Ontario;
CANADIAN FORCES, Directorate of Army Doctrine, "New Military
Police Doctrine, Tactical Aide-Mémoire -- Military Police
Insert, Structures and Battle Task Standards", (Summer 2000)
3(2) The Army Doctrine and
Training Bulletin 6-10; available at http://publications.gc.ca/collections/Collection/D12-9-3-2E.pdf
(accessed on 16 April 2017); important document;
FRANÇAIS : FORCES CANADIENNES, Direction de la doctrine de l'armée de
terre, "Nouveau Manuel de doctrine de la police militaire, --
encart -- police militaire de l'aide-mémoire tactique, structure
et normes d'aptitude au combat", (été 2000) 3(2) Le Bulletin de doctrine et
d'instruction de l'Armée de terre 7- 12, disponible
à http://publications.gc.ca/collections/Collection/D12-9-3-2F.pdf
(vérifié le 16 avril 2017);
___________Directorate of Army Training, "From the Directorate of
Army Training: An Army Training Strategy for the Law of Armed
Conflict", 2(2) Canadian Army
Journal 12-13; available at http://www.army.forces.gc.ca/caj/documents/vol_08/iss_2/CAJ_vol8.2_08_e.pdf
(accessed on 29 February 2012); FRANÇAIS :
Direction de l'instruction de l'armée de terre, "De la Direction de
l'instruction de l'armée de terreStratégie d'instruction de l'armée
de terre sur le droit des conflits armés", 2(2) Le Journal de l'Armée du Canada13-15;
disponible à http://www.army.forces.gc.ca/caj/documents/vol_02/iss_2/CAJ_vol2.2_05_f.pdf
(vérifié le 29 février 2012);
Canadian Forces Grievance Process Ex Gratia Payments Order,
PC 2012-0861:
The text of the Canadian Forces Grievance
Process Ex Gratia Payments Order reads as follows:
1.(1)
The Chief of the Defence Staff may authorize an
ex gratia payment to a person in respect
of whom a final decision is made under the
grievance process established under the National
Defence Act.
1.(1) Le chef d’état-major
de la défense peut autoriser le versement d’un
paiement à titre gracieux à toute personne visée
par une décision définitive rendue dans le cadre
de la procédure applicable aux griefs établie en
vertu de la Loi sur la défense nationale.
(2)
A payment under subsection (1) may only be
authorized if the final decision is made on or
after the day on which this Order comes into
force.
(2) Le versement visé au
paragraphe (1) ne peut être autorisé que si la
décision définitive est rendue à la date
d’entrée en vigueur du présent décret ou après
celle-ci.
2.
The Chief of the Defence Staff may delegate the
power to authorize a payment under subsection
1(1) to an officer who is directly responsible
to the Chief of the Defence Staff.
2. Le chef d’état-major peut
déléguer à tout officier qui relève directement
de lui le pouvoir d’autoriser le versement d’un
paiement prévu au paragraphe 1(1).
3.
The power to authorize a payment under
subsection 1(1) is subject to any conditions
imposed by the Treasury Board.
3. Le pouvoir d’autoriser le
versement d’un paiement prévu au paragraphe 1(1)
est assujetti aux conditions que fixe le Conseil
du Trésor.
The Treasury Board conditions for the
exercise of ex gratia authority under the Canadian
Forces Grievance Process Ex Gratia Payments Order
are as follows:
An ex gratia payment
may only be authorized if:
Le versement d’un paiement à
titre gracieux ne peut être autorisé que si les
conditions suivantes sont réunies:
(a) in the case of the Chief
of the Defence Staff, the payment is in an
amount that does not exceed $100,000;
(a) dans le cas où
l’autorisation est donnée par le Chef
d’état-major de la Défense, le montant du
versement ne dépasse pas 100 000 $;
(b) in the case of an
officer who is acting under section 2 of the Canadian
Forces Grievance Process Ex Gratia Payments
Order, the payment is in an amount that
does not exceed $2,000 or such lesser amount as
may be specified by the Chief of the Defence
Staff;
(b) dans le cas où
l’autorisation est donnée par un officier qui
agit en vertu de l’article 2 du Décret
relatif au versement de paiements à
titre gracieux dans le cadre de la procédure
des Forces canadiennes applicable aux
griefs, le montant du versement ne dépasse pas 2
000 $, ou tout autre montant inférieur que
précise le Chef d’état-major de la Défense;
(c) a legal opinion is
received that states that there is no legal
liability on the part of the Crown;
(c) un avis juridique a été
reçu selon lequel l’État n’a aucune obligation
légale à l’égard de la situation pour laquelle
un versement est envisagé;
(d) there is no other
mechanism by which the grievance can be
remedied, including under existing laws,
regulations, instructions, policies or programs;
and
(d) il n’existe aucun autre
mécanisme permettant de régler le grief,
notamment sous le régime des lois, règlements,
directives, politiques et programmes actuels; et
(e) the payment is not used
to fill perceived gaps or to compensate for the
apparent limitations in any act, order,
regulation, instruction, policy, agreement or
other government instrument.
(e) le versement ne vise pas
à combler des lacunes perçues ou à pallier
l’insuffisance apparente d’une loi, d’un décret,
d’un règlement, d’une instruction, d’une
politique, d’une convention ou autre instrument
gouvernemental.
CANADIAN FORCES MILITARY LAW CENTRE, Military Personnel
Generation/Government of Canada, PO Box 17000, Stn Forces,
Kingston, ON, Canada, K7K 7B4;
Centre de droit militaire des Forces canadiennes, Génération du
personnel militaire, Ministère de la Défense nationale, CP 17000,
Succ Forces, Kingston, ON, Canada, K7K 7B4;
Image source:
www.allacronyms.com/CFMLC/Canadian_Forces_Military_Law_Centre,
accessed 24 October 2016
CANADIAN FORCES MILITARY LAW CENTRE, Kingston;
Canadian
Forces Military Law Centre
Kingston, ON. CFMLC is the military legal education
and training delivery organization for the Canadian
Armed Forces. The CFMLC mandate is
to provide legal education and training
materials and services to military members in
order to assist them in preparing to meet the
challenges associated with current and future
operations. Additionally, CFMLC is the CAF centre of
excellence for the generation of legal research in the
areas of military justice and military law, and in the
delineation of Canadian Armed Forces doctrine
governing those legal disciplines.
Presiding Officer Certification Training (POCT) and
the Presiding Officer Re-Certification Training (PORT)
are courses designed to train Superior Commanders,
Commanding Officers and Delegated Officers in the
administration of the Code of Service Discipline at
the summary trial level. The courses covers the
summary trial process from start to finish; highlights
key issues from the pre-investigation to the
post-trial, certifies Superior Commanders, Commanding
Officers and Delegated Officers as qualified and
remain competent to perform their duties in the
administration of the Code of Service Discipline.
Registration Procedure must be submitted by e-mail to
the PresidingOfficer-OfficierPresidant@forces.gc.ca.
[source:
http://www.forces.gc.ca/en/training-establishments/law-centre.page,
accessed 28 September 2016]
-------
In addition to the legal officers serving in the
above-mentioned organizations, a number of legal
officers serve outside the Office of the JAG. They
include those working at the Privy Council Office,
Global Affairs Canada, the Canadian Forces
Military Law Centre and at the Department of
National Defence/Canadian Forces Legal Advisor with
the Department of Justice.
[Source: JAG Annual Report 2015-2016,
available at
http://www.forces.gc.ca/en/about-reports-pubs-military-law-annual-2015-16/ch-1-who-we-are.page,
accessed 28 September 2016]
-------------
Canadian Forces Military Law Centre
The Canadian Forces Military Law Centre (CFMLC) is
not a sub-organization of the OJAG. Rather, it is the
military legal education and training delivery
organization for the CF, located in Kingston, Ontario.
The CFMLC, and the legal officers posted there, are
under command of the Commander, Canadian
Defence Academy (CDA). While occupying positions at
CFMLC, legal officers do not provide legal advisory
services to CDA, but instead focus on
the design, development and delivery of military legal
education and training. The focus of CFMLC is to
provide and extend legal education and training
to the CF at all levels, with a view to enhancing the
overall operational effectiveness of the CF.
[Source: JAG Annual Report 2009-2010,
available at
http://www.forces.gc.ca/assets/FORCES_Internet/docs/en/jag/jag-annual-report-09-10.pdf,
accessed 28 September 2016]
-----------------
Chapter 5: Review
of Military Justice Education and Training
5.1 Introduction
One of the roles of the Office of the JAG is
to provide assistance in the provision of
military justice education and training to the
CF
community. This mandate is intended to target
three groups. The first group is comprised of
the CF
community as a whole with the objective that
all CF
members have access to information about their
rights and obligations under the Code of
Service Discipline (CSD). The second
group is comprised of CF members who fulfill
specific roles in the administration of
military justice, such as commanding officers
(COs) and summary trial presiding officers.
The third group is comprised of legal officers
who require specific training in military law
based on their rank and career progression
within the legal branch.
5.2 General CF Training and Education
Canadian Forces Military Law Centre (CFMLC)
The CFMLC stood up on 30 November 2007 and is
responsible for military justice education and
training for the CF. The CFMLC forms part of
the Canadian Defence Academy (CDA) located in
Kingston, Ontario, and is staffed by legal
officers who come under the command of the
CDA. As an organization, the CFMLC develops
and delivers operationally-focused military
legal education, training and doctrine.
Military Justice Training
It is vital that all members of the CF
acquire a significant level of knowledge about
the military justice system. All CF members
receive training in the basic tenets of the
military justice system, including
familiarization with the CSD, during
their basic training at the CF Leadership and
Recruit School in Saint-Jean-sur-Richelieu, Québec.
Similar training is also provided to officer
cadets at the Royal Military College of Canada
(RMC) in Kingston, Ontario, as well as to
those undergoing their preparatory year at Richelieu
Squadron in Saint-Jean-sur-Richelieu
prior to attending RMC. During the current
reporting year, a total of 6781 regular force
and 5009 reserve force officers and
non-commissioned members (NCMs) received
military justice training in this manner. The
re-establishment in Saint-Jean-sur-Richelieu of
the Collège
Militaire Royal during the reporting
period created a requirement to consider the
delivery of military justice training within
that institution. The CDA is currently
examining this issue.
The Office of the JAG, primarily through the
legal officers and Chief Petty Officers 1st
Class/Chief Warrant Officers (CPO1s/CWOs) in
the regional legal offices, provides direct
support to the chain of command with regard to
general training on military justice. During
the reporting year, in addition to providing
general military justice training support,
legal officers and the Assistant Judge
Advocate/Deputy Judge Advocate CPO1s/CWOs
provided military justice instruction on
numerous courses including the Air Force NCM
Intermediate Air Environmental Qualification
Course, the Ship's Coxswains Course, the Cadet
Instructor Cadre Officer Training Course, and
the CF Primary Leadership Qualification
Course.
During the reporting period, legal officers
continued to provide considerable support to
the Officer Professional Military Education
Program (OPME) military law course. The OPME
program includes courses on defence
management, Canadian military history,
leadership and ethics and military law. The
successful completion of the program is
required for officers to be promoted to the
rank of Major or Lieutenant-Commander. The
course DCE 002 Introduction to Military
Law contains a module addressing in
detail the administration of military justice
in the CF. The second module in the course
details the laws applicable to armed conflict.
The training is offered through self-paced
distance learning and condensed on-site
instruction at CF bases and wings, and is
available to both officers and NCMs. During
the reporting period, 1691 students
successfully completed the English-language
serial, while 312 students completed the
French-language serial of this course.
5.3 Training for the Administration of the
Military Justice System
Presiding Officer Certification Training
(POCT)
The JAG is responsible for the provision of
training and certification of superior
commanders, COs and delegated officers in the
administration of the CSD at the summary trial
level.1
POCT was specifically designed to meet this
requirement, and as such, it provides
candidates with the tools necessary to
discharge their duties in the administration
of the CSD. While POCT is primarily
designed for the qualification of prospective
presiding officers to preside at summary
trials, the training is also beneficial to
senior NCMs who perform vital roles in the
disciplinary process such as investigators and
charge-laying authorities. POCT is also taken
by junior officers who may be expected to act
as assisting officers in the summary trial
system. During the reporting period, 89 POCT
in-service serials were conducted at which a
total of 837 CF members successfully
completing the program (647 regular force
members and 190 reserve force members). Of
this total, 638
were officers and 199 were NCMs.
In the last annual report, the POCT
Transformation project was outlined. This
comprehensive review of the substance and
delivery of the current POCT program
includes the review and development
of enhanced training in two key areas of
military justice: unit investigations and the
laying of charges. Over the course of the
current reporting period, work continued on
the development of a more comprehensive
combined distance learning/in-service
instructional format that will address
administrative training challenges through the
use of interactive computer-based learning.
The goal is to reduce duplication between
distance learning and in-service course
content, and thus permit course candidates to
receive greater in-service training with
emphasis on the practical aspects of presiding
at summary trials. There will be increased
focus on the critical analysis required of the
presiding officer through the use of
demonstrational videos. Work on this critical
project will continue into the next reporting
period.
Presiding Officer Re-Certification Test
(PORT)
POCT is valid for four years from the date of
successful completion of the training.
Re-certification may be achieved by either
attending another POCT course or completing
the PORT prior to the expiry of the original
certification. Most personnel obtain their
recertification through completion of the
on-line PORT examination.
The PORT is a randomly generated, 90-minute
online test that was launched in October 2003.
Should a candidate receive a failing grade
after attempting the online PORT, the
candidate is given the opportunity to rewrite
the test after a suitable time delay. In the
event of a second failure, the candidate is
then required to attend another two-day POCT
course in order to be re-certified. During the
reporting year, 364 members were re-certified
by means of the PORT.
Assisting Officer Training
As reported in the 2007-2008 Annual Report,
the CFMLC advised the Office of the JAG of
their intent to create an assisting officer
training course that would address the
spectrum of an assisting officer's roles and
duties. That initiative continues to progress
during the reporting period. In particular,
the CFMLC undertook a detailed and focused
analysis of existing regulations and doctrine,
military justice training courses and manuals,
aides-memoire and briefing packages, as well
as input from the CF chain of command with
respect to assisting officer training concerns
through consultative canvassing.
As a result of this information gathering and
analysis process, an assisting officer
training plan was developed. It now forms the
basis for a computer-based training package to
be delivered via DNDLearn, the CF on-line
learning environment enabling members to
engage in distance education wherever they may
be located.2
During the reporting period, the CFMLC
completed the design and development of a
trial version of this course which will be run
and evaluated during the 2009-2010 reporting
period. Once lessons learned from the testing
of the beta version of the course have been
integrated into the training package, it will
be submitted to the Office of the
JAG for review and approval prior to
being launched for CF-wide use.
5.4 Additional Training Initiatives
As mentioned in the last annual report,
several areas have been identified which
require additional training for CF members. In
the context of developing educational and
training programs to address these needs, the
CFMLC has been engaged in other training
development projects to enhance the military
justice system within the CF. In addition
to the training for assisting officers
discussed above, the following projects will
be commenced or will continue during the
2009-2010 reporting period.
Bias
Bias at the summary trial level was
identified as an issue requiring greater
emphasis in POCT training. Amendments to the
instructor lesson plan and the development of
a summary trial video training aid are
underway to specifically address this issue.
Greater emphasis is being placed on the
requirement of presiding officers to
understand the concept of reasonable
apprehension of bias, and the need to
continually consider this responsibility
throughout all aspects of the disciplinary
process, up to the final
disposition of a matter.
Training of Unit Investigators and Charge
Laying Authorities
As was reported in the 2007-2008 Annual
Report, the CFMLC identified the need for
further training in the conduct of unit
disciplinary investigations and charge
laying that is aimed at senior NCM's and
junior officers. The design and delivery of
this training continues to be developed in
this reporting period and will be
addressed further in the next
reporting period.
CSD Familiarization Project
Increasing the awareness of CF members of
their rights and obligations concerning
military justice was an issue identified in
the last annual report. The CFMLC reviewed
several options to address this issue during
the reporting period. For example, an effort
to identify every course module within CF
training programs which addresses the issue of
military justice continues, in order to
determine how existing training may be used to
increase awareness of disciplinary rights and
obligations. It is expected that an
examination of the feasibility of a CF-wide
poster campaign to inform CF members of their
rights and obligations will be
initiated in future reporting
periods.
Review Authority Enhancement Training
During this reporting period, the CFMLC
conducted an evaluation of the merits of
establishing an on-line training course
pertaining to the role, function and
procedural considerations for senior officers
expected to act as review authorities. Instead
of a separate on-line course, it was decided
to expand the training provided during the
POCT with respect to review authorities. The
preparation of this training remained on-going
at the end of this reporting period.
Referral Application Aide-Memoire
The development and promulgation of a
referral application aide-memoire was outlined
in last year's report. This general reference
document will assist referral authorities with
the efficient and proper execution and
processing of the documentation required to
refer a matter to court martial. It will
detail the best practices for regulatory
compliance and for maximizing the
effectiveness of the referral package to the
Director of Military Prosecutions (DMP).
The development of the aide-memoire will
continue during the next reporting period.
Disciplinary Investigation Independence
The 2007-2008 Annual Report discussed the
importance of emphasizing the need to respect
the independence of the disciplinary
investigation process. Both unit and military
police investigations into allegations of
a breach of the CSD need to be
conducted in the absence of interference from
the chain of command. Consequently, the Military
Police Policy and Technical Procedures
Manual has been amended with the
assistance of the CFMLC. Further, specific
teaching points have been developed in the
POCT to highlight the issues of chain of
command interference in disciplinary
investigations.
5.5 Military Justice Legal Officer Training
Entry Level Training
While those joining the CF as legal officers
are qualified legal practitioners in a
province or territory, they have rarely been
exposed to military law in law school or
during the bar admissions process.
In order to adequately prepare them
for their military legal duties, it
is necessary for all new legal officers,
regardless of their previous legal or military
careers, to undergo a rigorous training and
educational program which includes self-study
courses, in-class education, on-the-job
training and operational experience. Legal
Officer Basic Training (LOBT) and
Legal Officer Intermediate Training
(LOIT) are designed to expose new legal
officers to the three pillars of military
law (military justice, military administrative
law and operational law). With specific regard
to military justice,
all legal officers in the early
stage of their careers must successfully
complete the POCT, a self-study program and
examination on military justice, and act as
junior counsel in the prosecution or defence
of an accused
at a court martial.3
LOIT is conducted in the areas of military
justice, administrative law, operational law,
and the law of armed conflict. These
intermediate courses are required for
promotion to Major or Lieutenant-Commander.
During this reporting period, a total of eight
legal officers completed the LOIT. Additional
to this training, legal officers of the Office
of the JAG also participated in instruction on
Special Operations Forces Law, Targeting and
the conduct of Boards of Inquiry.
Continuing Legal Education
In addition to the entry-level training, the
Office of the JAG actively promotes continuing
legal education and, through the Deputy
JAG/Chief of Staff (DJAG/COS), provides the
necessary funding for legal officers to attend
courses, conferences, seminars and symposia
related to the three pillars of military law.
During the reporting period, legal officers
participated in supplemental training and
education programs relevant to military
justice, including courses on criminal law and
advocacy training. Additionally, a number of
legal officers attended criminal and
constitutional law seminars and conferences
sponsored by organizations outside of the CF.
Twelve legal officers attended the National
Criminal Law Program in Charlottetown, Prince
Edward Island in July 2008, with its
focus on criminal procedure, advocacy and Charter
issues. Legal officers also attended a
variety of other educational and training
programs concerning issues such as trial
advocacy, expert witnesses, evidence and
criminal law reform provided by organizations
outside of the CF.
The Office of the JAG conducts a
two-and-a-half day continuing legal education
workshop each year, usually in conjunction
with the annual JAG conference. While the
themes of the workshops change from year
to year, military justice issues are
normally allocated time on the workshop
timetable. The Canadian Military Prosecution
Service and Defence Counsel Services also
hold annual training workshops
concerning issues affecting their
respective organizations.
Footnotes
1Queen's Regulations and
Orders [QR&O], articles 101.09
and 108.10 (2)(a)(i). Before superior
commanders and COs assume their duties,
they must be trained in accordance with a
curriculum established by the JAG and
certified as qualified to perform their
duties.
3 In order to complete the
practical requirement to act as junior
counsel at a court
martial, the matter must be a
contested one. A court martial which
consists of
a guilty plea without trial
will not suffice.
The Canadian Forces Military Law Centre
(CFMLC) is the military legal education and training delivery organization for the Canadian
Forces (CF).
The CFMLC
executes a CF
wide mandate to provide
legal education and training materials
and services to military members in order to
assist them in preparing to meet the challenges associated with current and future
operations. Established as a Directorate
of the Canadian Defence Academy (CDA), the CFMLC is a
joint effort of the CDA and the Office of the Judge Advocate General (Office of the JAG) to
provide innovative legal research, education and training to the CF.
Legal education and training delivery
at CFMLC is aimed at enhancing discipline across
the CF and at ensuring that the CF is capable of carrying
out its current
and future missions in accordance with all
applicable domestic and international laws.
[source: "2011-2012 Periodic Report by Canada on Implementation of the 1954 Hague
Convention and its Protocols", available
at http://www.unesco.org/culture/laws/1954/2011-2012-natrep-Canada_en,
accessed on 19 April 2019]
CANADIAN FORCES MILITARY LAW CENTRE, Kingston, notes on the:
The Military Law Centre on the grounds of RMC,
staffed with 12 military lawyers, oversees the education of
officers and troops in legal matters ranging from
the Forces own code of conduct to the laws of war. It trains
military lawyers and advises Ottawa on matters of policy and
doctrine. The centre integrates legal
education into the regular training that Forces members
undergo and establishes its growing importance within the
military hierarchy. Selected RMC Canada
cadets participate in Law Of Armed Conflict international
Competitions each ll with cadets from USAFA, USMA, USNA, and
USCGA. In the Spring of 2008,
RMC cadets will be selected to participate in a competition
on the Law of Armed Conflict at the International Institute
of Humanitarian Law in Sanremo, Italy.
(source: http://edu724476.typepad.com/blog/2012/02/military-school-royal-military-college-of-canada.html,
accessed 16 April 2015);
CANADIAN FOREIGN POLICY JOURNAL, ""Book Review -- Another
Kind of Justice: Canadian Military Law from Confederation to
Somalia", Canadian Foreign
Policy Journal, 01/1999, Volume
7, Issue 2, pp. 153-164;
CJFE is disappointed by the federal government’s decision to
reject changes made by the House of Commons Public Safety
Committee to Bill C-22,
an act to establish a National Security and Intelligence
Committee of Parliamentarians (NSICOP). The Public Safety
Committee’s proposed changes
would greatly strengthen the ability of NSICOP to
scrutinize the work of Canada’s national security
apparatus, and would fill a number of dangerous
gaps in the legislation as written. We urge the government
to revisit its decision and to implement the Public Safety
Committee’s changes into the final legislation.
Bill C-22 is designed to address glaring deficiencies of
accountability and review in Canada’s national security
system. Of the 21
federal departments and agencies with
national security responsibilities, only the Royal
Canadian Mounted Police (RCMP), the Canadian Security
Intelligence Service (CSIS), and the Communications
Security
Establishment (CSE) are subject to any sort of review
mechanism, however inadequate.
CANADIAN JUDICIAL COUNCIL, Independence and Impartiality of
Military Judges in Court Martial Settings, [Ottawa]:
Canadian Judicial Centre/Centre canadien de la Magistrature, 1988,
56 p. with 121 p. of appendices; copy at the University of Ottawa,
KE 7165 .I54 1988;
Canadian Law List, Agincourt, Ont. : Canada Law Book,
1883-;
Canadian Law Times, Toronto : Carswell, 1881-1922; this
periodical published a “List of Barristers, Solicitors and
Students-at-Law Now on Active Service for Canada and the Empire…,”
in 1915;
------
Image source:http://knomos.law/partnerships/public/
CANADIAN LEGAL INFORMATION INSTITUTE, THE ---Courts
Martial Appeal Court of Canada--Canada (Federal),
continuous coverage: 1993-01-01 to present; at https://www.canlii.org/en/ca/cmac/
(accessed on 28 November 2017);
-----
Image
source:http://knomos.law/partnerships/public/
Image source: https://www.canlii.org/en/ca/cm/
CANADIAN LEGAL INFORMATION INSTITUTE, THE ---Courts
Martial --Canada (Federal), continuous coverage
2004-. at https://www.canlii.org/en/ca/cm/
(accessed on 26 November 2017);
-----
Image source:http://knomos.law/partnerships/public/
CANADIAN LEGAL INFORMATION INSTITUTE, THE ---Veterans
Review and Appeal Board of Canada -- Canada (Federal),
continuous coverage: 2015-07-01 to present; at https://www.canlii.org/en/ca/cavrab/
(accessed on 28 November 2017);
Canadian Military Justice Bulletin;
notes: Quarterly Bulletin published by the DJAG/MJ Division; first
issue that was published is dated : April 2011, number 1, issue 1; FRANÇAIS : Bulletin de justice militaire
canadienne; notes: Revue trimestrielle de la Division du
JAGA/JM; premier numéro publié: avril 2011, volume 1, numéro 1;
Pressing (and holding) the Ctrl
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CANADIAN PRESS, "Canadian Gunner Kills Four Mates; Given Life Term",
Hamilton Spectator, 1944/11/08; available at
https://collections.warmuseum.ca (accessed 13 April 2018);
Pressing (and holding) the Ctrl
key and scrolling the wheel
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Antoine Rivard, 1898-1985
avocat de Guimont
voir bilan.usherbrooke.ca/bilan/pages/ biographies/1003.html
CANADIAN PRESS, "Complete Last Case in Quebec Court Martial: Major
Guimont Acquitted on Certain Counts. Only One of Nine Charged
is Exonerated ['charges of irregularities in the medical examination
of prospective army recruits' ]", Hamilton Spectator,
1943/01/08,
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Rear-Admiral William Landymore, 50, was dismissed
for publicly criticizing government policy
on unification. He was chief of the integrated
Maritime Command as well as Atlantic fleet commander.
....
Meanwhile, he [defence minister Hellyer] conferred with
defence staff and Brig. W.J. Lawson, judge
advocate general, on findings of the judge advocate
general's branch about public criticisms by Rear
Admiral Landymore.
Mr. Hellyer's office has said Rear-Admiral Landymore
contravened service regulations and laid himself
open to disciplinary action.
Justice Minister Peter MacKay, meanwhile, said
there may be ways to take some sexual assault cases out of
the military justice system entirely and deal with them in
the regular courts.
MacKay said he's been looking at ways to deal with some
tricky cases and has discussed the situation with the
judge advocate general, Canada's top military law officer.
"There should be perhaps a protocol or a consultation
that takes place between Crown prosecutors and the
military justice system when those cases could be
tantamount to a criminal charge, rather than something
that is done more administratively through courts martial
and courts martial appeals," MacKay said.
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CANADIAN PRESS, "Urges Civilians Be Given Charge of
Courts-Martial", The Globe and Mail, Aug 24, 1946;
ProQuest Historical Newspapers: The Globe and Mail, available at
(accessed 11 June 2018);
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed.
to go further in the research at the House of Commons, on 23
August 1946:
Mr. [Arthur Leroy] SMITH (Calgary West):
Mr. Chairman, I intend to take only a minute of the time
of the committee to mention two matters of concern about
which I know something.
I have no military achievements whatsoever, with the
exception that once I was a lance-corporal in the boys'
brigade of the Methodist
church in Regina. That is as far as I got. Therefore I do
not discuss matters of a military nature. However I should
make a suggestion to
the minister, one which I have no doubt has been made
before. It has reference to courts martial. During the war
I appeared in quite a
number of them, one of which I remember lasted eight
days-and perhaps may I say, in my own defence, appearing
at all times without
fee, as perhaps a little contribution I might make in my
own way to the war effort. But in my view the whole system
of courts martial
is wrong. I am not referring to what an officer in the
field may do in respect of those minor things over which
he has charge, My
suggestion is that in each military district there should
be an appointee who would be in the position of judge, and
that such appointee
would not be in uniform, but would be in civvies. He would
have nothing to hope for by way of promotion, because
there would be no
further opportunity for promotion.
Why do I make this suggestion? I have in mind a court
martial of an officer holding the rank of
lieutenant-colonel. On the court were
five officers, two of whom were brigadiers. We had a judge
advocate from Victoria- and a very fine one at that. We
had a prosecutor from
London, Ontario. That court martial lasted eight days, and
ended with a reprimand, or exactly the same decision which
had been rendered
by the district officer commanding in district 13,
Brigadier Harvey. I am sure that court martial must have
cost the country between $4,000
and $5,000; and I refer to it only by way of example. That
court martial had been ordered by the then minister of
national defence, Colonel
Ralston. The men who comprised the court were fine men,
honest men-I have no criticism in that respect at all. But
they all had certain
ambitions in the army. And no one can tell me that after
going through the history of a case, where there has been
a court of inquiry and
where a district officer has made a decision, following
which the court martial has been ordered, the persons
sitting in judgment are not
going to be affected by those conditions. Unconsciously
they will.
Let us take another case, comiflg down to lower ranks. We
find that a court martial has been held and perhaps an
acquittal ordered or a
light sentence imposed. I state no secret when I say that
it is a custom in the army for the divisional commander,
or whatever his rank
may be-the person higher up, anyway-to telephone or to
send notes saying, for example, "if this thing goes on,
discipline will be
weakened"-or will disappear. In other words my thought is
that justice cannot
Supply-Defence-Army
be administered properly when, all the time, there is a
senior officer back somewhere who is in a position to
criticize, and who is always
in a position to assist by way of making promotions. On
the financial side-and I advance this idea for the
minister's consideration-on the
financial side I am quite sure that it would not be an
added expense. As you know, when senior officers are
charged you endeavour to
bring in persons not in that area and so the expense adds
up. I make the suggestion knowing perfectly well that you
cannot do anything
about it now. I had about ten experiences with courts
martial during this last war; I am not complaining about
what they did-that is not
the points- but it does seem to me that there is something
well worthy of thought and I am inclined to think that the
suggestion I have
made may be of value. I turn now to something which may
not be regarded as being so constructive, the letter from
the commissioner
of the mounted police.
CANADIAN PRESS DESPATCH, "Second Case Ends at Court-Martial,
Winnipeg Captains Await Ottawa Announcements of Decisions", The
Globe, Toronto, 1 February 1933, at p. 2;
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key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed.
The image was taken from ProQuest
Historical Newspapers: The Globe and Mail
CANADIAN PRESS DESPATCH, "Soldiers Not Exempt from Income Tax", Sherbrooke
Daily Record, Thursday, 15 November 1928, at p. 12; available
at http://collections.banq.qc.ca/ark:/52327/3096268
(accessed 4 April 2018);
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in
or out of the web page being viewed
CANADIAN PRESS WIRE, "Pitzulvows to revamp
prosecution system", Canadian
Press NewsWire, Oct 23, 1995;
judge advocate general,
Canada's top military lawyer. Pitzul
is confident he can quickly adjust to
civilian law. The Armed Forces has its own rules but the....
....
CANADIAN RED CROSS, "Substantive Report of the International
Conference -- Customary International Humanitarian Law: challenges,
practices and debates, September 29, 30 and October 1, 2005,
Montreal, Quebec, Canada", available at http://www.redcross.ca/cmslib/general/int_crc_mcgill_conference_report_eng.pdf
(accessed on 4 June 2012); research note: Major General Jerry S.T.
Pitzul, Colonel Ken Watkin and Lieutenant-Colonel Kirby Abbott took
an active part in the conference; FRANÇAIS: CROIX-ROUGE CANADIENNE, "Rapport substantif de la Conférence
internationale -- Droit international humanitaire coutumier: enjeux,
pratiques et débats, 29, 30 et 1er octobre 2005,
Montréal, Québec, Canada",
disponible à http://www.croixrouge.ca/cmslib/general/int_crc_mcgill_conference_report_fr.pdf
(site visité le 4 juin 2012); le Major-général Jerry S.T.
Pitzul, le Colonel Ken Watkin et le Lieutenant-Colonel Kirby prirent
une part active dans le déroulement de la conférence;
___________"Major Tammy Tremblay bio", available at http://www.redcross.ca/article.asp?id=42734&tid=067
(accessed on 22 May 2012); Notes: "Major Tremblay
completed her LLM at the Academy of International Humanitarian Law
and Human Rights in Geneva";
Image source: warmuseum.ca/firstworldwar/objects-and-photos/archival-documents/
military-documents/wanted-for-desertion/?back=277, accessed
3 December 2017
CANADIAN WAR MUSEUM, "Canada and the First World War: The effects of
Low Morale: Desertion, Self-inflicted Wounds, Malingering",
available at http://www.warmuseum.ca/firstworldwar/history/life-at-the-front/trench-conditions/the-effects-of-low-morale/
(accessed 3 December 2017);
CANNON, Paul Newton, Policy Legitimation on the use of force
[microform] : normative and interest-based war
justification in the U.S. and Canada, Thesis
(Ph.D.)--University of Southern California, 1998, viii, 277 leaves :
ill, includes bibliographical references (leaves 212-218);
Microfiche. Ann Arbor, Mich. : UMI Dissertation Services, 1998. 4
fiche 11 x 15 cm; available at http://digitallibrary.usc.edu/cdm/compoundobject/collection/p15799coll17/id/376442/rec/7,
accessed on 11 January 2015;
CANTIN, Charles, Me, un avocat de Jonquière, QC est très actif dans
la défene de militaires et d'ex-militaires de la BFC Bagotville:
After six short weeks of debate, Bill C-36, The
Anti-terrorism Act,1 passed into law on 28
November 2001. Bill C-36 was Parliament’s formal legislative
response to the terrorist
attacks upon the U.S. on September 11. Among other things,
Bill C-36 amended the National Defence Act2 to grant the Minister of
National Defence, in place of a judge,
the power to authorize the Communications Security
Establishment (CSE) to intercept
private communications for the purpose of obtaining foreign
intelligence under section
273.65. The CSE’s mandate includes acquiring and providing
foreign signals intelligence.3
In this article, I argue that this amendment to the National
Defence Act abolished an
essential safeguard to arbitrary state actions and likely
violates section 8 of the Canadian
Charter of Rights and Freedoms.4 The eventual removal
of section 273.65 from the National Defence Act would uphold the
long-standing, appropriate, and constitutional
doctrine that the power to authorize agents of the state to
intercept private communications
rests solely with the judiciary.
Image
source:
http://www.hec.ca/en/news/2014/publication_JCardinal_Cora_e.html,
accessed 3 June 2016
Jacqueline Cardinal
CARDINAL, Jacqueline, "XIVe Conférence internationale et
multidisciplinaire des gens de justice -- Au pied du mont
Etna" (août 2003) 35(13) Le
Journal -- Barreau du Québec; disponible à http://www.barreau.qc.ca/publications/journal/vol35/no13/etna.html
(vérifié le 5 mars 2012);
Droit militaire
Me Nicole Girard, juge-avocate
adjointe aux Forces armées canadiennes, a pour sa part
présenté un tout nouveau champ d'application du droit
militaire,
soit le Code de discipline militaire enchâssé dans
la Loi sur la défense nationale (LDN), en vertu de
laquelle les civils relèvent du ministre en titre, et les
militaires, du chef de l'état-major. Depuis l'adoption de la
Charte canadienne des droits et libertés, le
législateur a voulu rapprocher le Code de discipline
militaire du Code criminel, afin d'éviter
certains problèmes, comme la partialité des juges, avocats
et jurés militaires, les fouilles abusives, et les pouvoirs
excessifs de détention.
Deuxième événement à avoir influé sur la refonte de la LDN,
l'enquête sur la Somalie a amené une redéfinition du rôle de
maintien de la paix dévolu aux
Forces armées canadiennes, une précision de la juridiction
de la Cour martiale, de même que la création du poste
d'ombudsman. Ont également été instaurés
des changements dans la chaîne de commandement, faisant en
sorte que des hauts gradés puissent être inculpés et que des
corps policiers indépendants puissent
intervenir. Ces deux axes de modifications de la LDN ont
amené la création du Bureau des juges-avocats militaires.
Les juges-avocats militaires sont nommés
par le Gouverneur général en conseil, avec mandat de cinq
ans renouvelable. Leur rôle s'étend au droit opérationnel et
au droit de la guerre, qu'ils doivent
administrer en conformité avec la Convention de Genève. Les
juges-avocats ont à se prononcer, en action, sur le choix
des cibles militaires, l'application
obligatoire de mesures pour minimiser les « dommages
collatéraux » et l'emploi d'une force minimale (bombe au
laser ou non, précautions dans l'attaque, etc.).
Selon Me Girard, on peut espérer que le
juge-avocat soit appelé à jouer un rôle croissant lors de
conflits internationaux, dont les guerres en Afghanistan et
en
Irak sont devenues des théâtres célèbres.
"Office of the JAG@JAGCAF19h19 hours
ago Members of
our AJAG Eastern team, Maj Laurent Carignan,
Maj
Jean-Francois Guay and LCdr Valérie Pagé were at the Farnham
Garrison in Quebec for firearms training recently, an annual
requirement
for #CAF operational
readiness."
[source of image: twitter.com/JAGCAF/status/1041761866404569088,
accessed 18 September 2018]
CARIGNAN, L.P.G. (Laurent), Major, member of the OJAG, co-counsel
with Major A. Gelinas-Proulx of the Defence Counsel Services in the
case of Ogston R.J.A. (Sergeant), R. v., 2017 CM 2003 (CanLII), <http://canlii.ca/t/h5jfh>
(accessed 9 May 2018); member of the Quebec Bar since 2011;
----------------------
David Carment, source of
image:
Dani Bello
https://carleton.ca/india/people/david-carment/
source of photo: ca.linkedin.com/in/dani-belo-b9603ab2
accessed 15 October 2018
CARMENT, David, and Dani Belo, "War’s Future: The Risks and Rewards
of Grey-Zone Conflict and Hybrid Warfare", Canadian Global Affairs
Institute, 10 October 2018, available at https://www.cgai.ca/wars_future_the_risks_and_rewards_of_grey_zone_conflict_and_hybrid_warfare
(accessed 15 October 2018);
Another example of moral hazard occurred in
relation to the so-called Afghan detainee scandal which only
came to light after FSO Richard Colvin revealed human rights
abuses despite the Conservative government’s
continued denial.
The difficulty in acquiring information about a
military’s motives, tactics and capabilities is the common
factor
in that a democracy may be unwilling (for political
reasons) or incapable (for institutional reasons) of
holding
its military accountable as a whole. Therefore, it has to
function with incomplete information or become reliant
on defence staff who may reveal only partial or false
information. The unwillingness of defence staff to share
information is partly motivated by a desire to disguise
their true goals in order to avoid the label of an enabler
to
conflict or to ensure that opponents are not given that
information.
Morrow, a 30-year-old Winnipegger living in northern
Iraq, is a technical advisor with U.K.-based Conflict
Armament Research,
a company that tracks and documents illegally diverted
weapons in conflict zones.
CARON, Joseph Edouard Peacefully
at home on July 5, 2011, at the age of 86, surrounded by
his loving family.
Devoted husband of 59 years to Simone (nee Rainville),
proud father to Louise (Bernd Zechel) and Suzanne.
.... Born in Rimouski, Quebec, son of Amédée Caron and
Yvonne Morin, Edouard served in the military for
30 years as a lawyer and subsequently as a
judge-advocate with JAG. He then joined Veterans Affairs
Canada
as a pensions advocate until his retirement. ....
___________on CARON, Édouard, voir "Rimouskois promu dans l'armée",
Le Progrès du Golfe, Rimouski, vendredi 27 mai 1960, à
la p. 17; disponible à http://collections.banq.qc.ca/ark:/52327/2476834
(consulté le 15 mars 2019);
Jean Caron, à droite, recevant le prix Louis-Phillipe Pigeon, source
de la photo: http://jeunebarreaudequebec.ca/?p=87,
site visité le 20 mars 2014
___________photo du capitaine Jean Caron, à gauche, recevant la
médaille du service spécial de l'ONU de la part du JAG (Nov-Dec
2000) 4 JAG Newsletter-Bulletin d'actualités 5 (consulted 21
October 2017);
___________sur Me Caron, Jean, voir TREMBLAY, Isabelle Marjorie et al., "Portrait d'avocat
-- Major Jean Caron", dans Le droit de savoir, video, 5 minutes, 22
secondes; disponible à http://www.ledroitdesavoir.ca/voir_segment01.asp?id=2&segment=2
(vérifié
le 18 mars 2012);
Isabelle Marjorie Tremblay s’entretient avec le
major Jean Caron, l’un des huit
procureurs militaires du Canada. Il nous explique son rôle
au sein de la Cour
martiale, une cour spécialisée où sont portées les causes de
droit disciplinaire militaire.
Me Jean Caron
___________sur monsieur CARON, Jean, Procureur au bureau du
Directeur des poursuites criminelles et pénales, voirLinked in à https://ca.linkedin.com/in/jean-caron-728b0258
(visité le 27 aout 2019);
Jean Caron sur la page couverture de Pro Forma, Bulletin de
Liaison des avocats
et des avocates de la section de Québec.
___________
Source de l'image: https://www.youtube.com/watch?v=An6A26iVRKw,
visité 10 septembre 2015
Capitaine Marie-Julie Côté et le Major Jean Caron
___________sur CARON, Jean, voir DÉFENSE NATIONALE,
Nouvelles de l'armée, Multimédia de l'armée, "Des
juges-avocats aident à naviguer les droits de la
guerre", Réalisation des Affaires publiques de l'Armée
canadiennes, 2012, 3 minutes, 17 secondes; participation
des avocats militaires Marie-Julie Côté et Jean Caron;
sur l'emploi des règles d'engagement pendant les
opérations domestiques; disponible sur YOU TUBE, http://www.youtube.com/watch?v=HOC4cNMFQUk,
site visité le 6 juin 2014; notes: with English
sub-titles; for NATIONAL DEFENSE, Army News, Army
Multimedia, Canadian Army Public Affairs;
Jean-François Caron
Image source: shss.nu.edu.kz/faculty/jean-francois-caron, accessed
12 March 2018
CARON, Jean-François, "An
Ethical and Judicial Framework for Mercy Killing on the
Battlefield", (2014) 13(3) Journal of Military Ethics 228-239;
Abstract
As a
follow-up to Stephen Deakin's analysis on the ethics
of mercy killing on the battlefield in this journal,
this article proposes
a moral justification for this type of action, as well
as a judicial framework that could clarify what
qualifies as such morally
permissible action. Based upon contemporary cases, it
argues that the current military codes of conduct are
incoherent when
it comes to the punishment of soldiers who commit
mercy killings, and that the military codes of justice
should be amended
accordingly.
[source:
tandfonline.com/doi/full/10.1080/15027570.2014.975008,
accessed 12 March 2018]
____________"Exploring
the extent of ethical disobedience through the lens of the
Srebrenica and Rwanda genocides: can soldiers disobey lawful
orders?" Critical Military Journal, published on line 1
February 2017;
ABSTRACT
Although
obligation in the military world implies a strict duty
to obey the orders that are given, this obligation is
conditional on the
lawfulness of these orders. In other words, soldiers
have the moral duty to disobey orders that would lead
them to commit unlawful actions.
Therefore, ethical disobedience is an important
feature of the armed forces and cannot be ignored.
This text contemplates an extended
version of this logic by considering whether or not
soldiers have the duty to disobey lawful orders that,
if respected, will likely result
in harm to civilians, such as war crimes and/or
genocide. Based on the examples of the genocide of
Srebrenica in 1995 and Rwanda in
1994 and from moral arguments, this text discusses
that ethical disobedience should include such a
possibility.
[source: tandfonline.com/doi/abs/10.1080/23337486.2017.1278920,
accessed 13 March 2018]
___________Disobedience in the Military: Legal and Ethical
Implications, Palgrave Pivot, Cham, 2018, 127 p.,
Product Description
We often think of the army as an institution whose members
are required to blindly obey
all orders they receive. However, this perception is
inaccurate. Disobedience is a fundamental
professional obligation of members of the military and
overrides the obligation to follow
commands. But what is the extent of this obligation? Are
soldiers obligated to participate in
what they consider to be an illegal war, or should they be
allowed to enjoy a right to selective
conscientious objection? Should soldiers obey a legal
order that, if followed, would facilitate the
perpetration of war crimes by a third party? How should
soldiers act if they are ordered to follow
a lawful order that could result in immoral consequences?
Should soldiers be allowed to refuse to
obey what can be labeled as suicidal orders? Based upon
the nature of soldiers’ professional
obligations, this book tries to offer answers to these
important questions. The author turns to a
number of different case-studies, including conscientious
objections, duty to protect in genocidal
situations such as Rwanda and Srebrenica, suicidal orders
in wars, as well as retribution and
leniency towards war criminals, as a way of assessing the
different legal and ethical implications
of disobedience in the military.
____________Site of Associate Professor, Department Chair,School of
Humanities and Social Sciences, Nazarbayev University, at https://shss.nu.edu.kz/faculty/jean-francois-caron
(accessed 22 July 2018);
CARON, Nathalie, L'incorporation par renvoi de directives
au Code de discipline militaire en application de l'article 129 de
la Loi sur la défense nationale, mémoire de recherche, LL.M.,
57 p., Université d'Ottawa thèse citée in "Liste des mémoires de
maîtrise et thèses de doctorat acceptées en 2001", (2001) 61 La
Revue du Barreau 575; travail présenté à monsieur Bisson;
« Mémoire de recherche DCL 7066 »; copie à Québec
Ministère de la Justice, Bibliothèque; disponible à http://www.lareau-legal.ca/Caron.pdf
(mis sur l'internet le 6 avril 2011 avec la permission de Nathalie
Caron);
___________Nathalie Caron fut un membre du Cabinet du Juge-avocat
général et écrivit "Formation, Rapports de cours - Congrès
national de l'Institut canadien d'administration de la justice: La
rédaction législative sans frontières", (Novembre-décembre 2000) JAG
Newsletter--Bulletin d'actualités 52-54;
___________note de recherche: Nathalie Caron travaille à la Chambre
des communes, Bureau du légiste et
conseiller parlementaire (renseignement en date du 14 janvier
2019);
Judge Caron had gained notoriety among the
patriotes by his service as Deputy Judge-Advocate-General
at the court-martials in Montreal following the Troubles of
1837-1838 but this does not appear to have
been held against him in 1859. Judge Caron had been a member
of the Baldwin-LaFontaine and
Hincks-Morin administrations before his elevation to the
bench. He later served as Lieutenant-Governor
of Quebec from 1873 to 1876.
Image source: heritage.utoronto.ca/islandora/object/heritageutarms%3A7514,
accessed 8 March 2019
D.D. Carrick, University of Toronto Rugby Club - Senior
Intercollegiate Champions, 1926, detail of group photo.
CARRICK, D.D. (Donald D.), 1906-1997, Lieutenant-Colonel of Toronto
was the Judge-Advocate in the general court martial of Pte Edwin
Barnard on two charges of aiding the enemy and referred to in the
article "Treason Trial of Windsor Man Nearing Close", The Globe
and Mail, 6 September 1945, at p. 7;
__________"The
Recent Regulation of Monopolies [re McQuarrie Report and the
Reform of Combines Legislation]", [1952] 30(6) Canadian Bar
Review 579-587; available at https://cbr.cba.org/index.php/cbr/article/view/1971/1971
(accessed 8 March 2019);
Donald D. Carrick*
B.A. (Tor.),LL.B.(Harv.),and Osgoode Hall Law School. Mr.
Carrick is the senior partner
in the firm of Carrick & Coutts, Toronto....
___________on Carrick, D.D., see Carricket al., Education for the Bar: Report of the Special Committee of Students of Osgoode Hall (1934) 12 Canadian Bar
Review144; not consulted yet (8 March 2019);
98. No. 1 Det (A) Cdn J.A.G. Overseas
functioned at C.M.H.Q. under the direct control of Brigadier
Anglin, with Lt-Col D.D. Carrick
as his A.D.J.A.G.
CARRIER, Eric, Major, legal officer with the OJAG; acted for
the Director of Military Prosecutions in the case of
Winters S. (Captain), R. v., 2011 CM 4002 (CanLII), <http://canlii.ca/t/fkq9r> (accessed 10 May 2018);
member of the Quebec bar since 2009; eric.carrier2@forces.gc.ca;
employed at the Canadian Forces Military Law Centre, Kingston
(2018-2020);
-------------
Ian MacAlpine, image
source:
Lt.-Col. Deborah Miller
thewhig.com/author/ian-macalpine
___________on the courts martial cases of Deborah Miller prosecuted
by Eric Carrier, see MacALPINE, Ian, "Lt.-Col. pleads guilty to
three charges", Kingston Whig-Standard, 6 October 2014; available
at http://www.thewhig.com/2014/10/06/lt-col-pleads-guilty-to-three-charges
(accessed 24 January 2017); defence counsel: Maj. Sara Collins;
prosecutor: Maj. Eric Carrier; military judge: Col. Michael R.
Gibson;
[reasons for sentence, 7 October 2014, available
at Miller D.L. (Lieutenant-Colonel), R. v., 2014 CM 2018
(CanLII), http://canlii.ca/t/gf0q3]
[reasons for sentence, previous court martial, 22 October
2012, available at Miller D.L. (Lieutenant-Colonel), R. v.,
2012 CM 2014 (CanLII), <http://canlii.ca/t/fw2lj>]
___________sur Kevin Carroll, voir: "La primauté du droit, une
priorité du nouveau président de l’ABC, Kevin Carroll, pour son mandat en
2009-2010", Le Monde juridique, 2009, volume 18, numéro 5, à
la p. 25; disponible à
http://numerique.banq.qc.ca/patrimoine/details/52327/2436967?docref=SZTccZ3WreiN4wKFCIaqnA&docsearchtext=%22juge-avocat-g%C3%A9n%C3%A9ral%22
(vérifié le 26 septembre 2018);
Originaire de la Nouvelle-Écosse, Me Carroll est
diplômé de l’Université St.
Mary’s à Halifax (N.-É.) (B.A., 1965), et a reçu son LL.B.
de la faculté de droit
de l’Université Dalhousie en 1968. Il a été admis au
Barreau de l’Ontario en
1970 et nommé Conseiller de la Reine en 1981. De 1962 à
1970, M. Carroll
a aussi été membre du Régiment royal de l’Artillerie
canadienne et du Cabinet
du Juge-avocat
général des forces canadiennes, où il a atteint le rang de
capitaine avant de prendre sa retraite.
CARROLL, L.C. (Lovell Caverhill), lawyer, of military district
number 4 Headquarters, prosecutor at the following court martial: "Five Buckingham Girls Testify To
Drinking And Dancing With German Prisoners of War in Thurso
Hotel", Sherbrooke Daily Record, Tuesday, 28 mars 1944 at
pp. 1 and 2; available at http://collections.banq.qc.ca/retrieve/7619561
(accessed 6 April 2018);
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
___________ Notes on the life of L.C. Caroll, see Jean-Jacques Lefebvre, Revue du
Barreau, 1974 at pp. 423-425;
___________on CARROLL, L.C. (Lovell Caverhill), see "Acquit
Veteran Guard on Trio of Six Charges", Globe and Mail,
1944/03/29, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5064672
(accessed 5 June 2019); court martial of Cpl William Lee of
Montreal; Lieutenant-Colonel R. Fortier was the Judge-Advocate (note
initial is R.?); Capt. L.C. Carroll was the prosecutor; Capt. T.B.
Brown was defence counsel;
Pressing (and holding) the Ctrl key
and scrolling the wheel
of the mouse allows to zoom in or out of the web page being
viewed
Source of
image: https://www.cba.org/CBA/newsletters/pdf/MIL-jamaica.pdf,
accessed 1 October 2015
From the left: Maj Colin Carson, LCdr Magda Siepka
and Maj Benoit McMahon (2005 CJSC LOAC Instructors)
CARSON, Colin, "JAG LOAC goes on montain retreat in Jamaica"
(December/Décembre 2006) Sword& Scale -- Salut militaire;
available at http://web.archive.org/web/20070515000335/www.cba.org/CBA/newsletters/mil-2006/news.aspx (accessed on
24 April 2012); also published in (2006) 1 JAG Les actualités -- Newsletter 26-28; FRANÇAIS: CARSON, Colin, "L'équipe du DCA du JAG en retraite à la
montagne en Jamaïque" (December/Décembre 2006) Sword& Scale -- Salut militaire; disponible à http://web.archive.org/web/20070518052202/http://www.cba.org/abc/nouvelles/mil-2006/nouvelles.aspx#article4
(site visité le 24
avril 2012); cet article est remanié à "Droit des Conflits
Armés (DCA) en Jamaïque" (2006) 1 JAG
Les actualités -- Newsletter 28;
___________Part of retirement message on Major Colin Carson that I
received from Benoit Pinsonneault (Alumni network)
Title:
Retirement
Message Maj Colin Carson // Message de départ à
la retraite Maj Colin Carson
Body:
(Le
texte français suit)
Subject:
Retirement of Major Colin Carson, CD., B.A.,
LL.B
1.
After 42 years of loyal and dedicated service
to the Canadian Armed Forces, Major Colin
Carson will retire on 16 October, 2017.
2.
Major Carson first enrolled as a private in
the Canadian Forces Reserve Force on the 15th
of June, 1975, at the age of 17. He was later
accepted into the Officer CandidateTraining
Plan and was commissioned in the rank of
second lieutenant in the Royal Canadian
Regiment. From 1977 to 1986 he served as an
infantry officer in Canada and overseas,
holding a number of command and training
appointments, and staff officer positions.
3.
While studying at Queen’s University and
during his articles in Crown prosecutors’
offices in Ontario and Manitoba, Major Carson
served in the Primary Reserve with the
Princess of Wales’ Own Regiment and the Royal
Winnipeg Rifles. In 1994, he transferred to
the JAG Primary Reserve List and in 1995,
while on callout as the Deputy Judge Advocate
in Petawawa, he transferred back into the
Regular Force.
4.
During his 23 years of service in the legal
branch, Maj Carson has been posted to AJAG
Central Region, the Somalia Inquiry Liaison
Team, AJAG Prairie Region, DLaw/Operations,
DLaw/Training and the Office of the DND/CF
Legal Advisor. He has also been deployed on
two domestic and two international
operations.
5.
Upon retiring, Major Carson plans on applying
his grand-parenting skills on a full-time
basis.
6.
Friends and colleagues are invited to come and
celebrate this special occasion with Major
Carson and his family at a Depart with Dignity
ceremony to be held on Friday, 13 October 2017
from 1500 hrs at the Army Officers’ Mess (149
Somerset Street West).
CARSON, J.M. (John), Major is referred to as "Assistant Judge
Advocate-General" in the article "STAY GRANTED IN ALBERTA: Col.
MacDonald Undertakes Not to Remove Draftees From Province COURT IS
SATISFIED. Action Waits on Decision of Supreme Court of
Canada", The Globe,
[The Globe and Mail], 13 July 1918 at pages 1 and 3;
___________Carson, John, Major, Assistant Judge
Advocate General, appeared for the Adjudant-General, on 12 July
1918, before the Alberta Supreme Court, Appellate
Division, in Norton (Re), 1918 CanLII 655 (AB CA), <http://canlii.ca/t/gcgfq>,
also at [1918] 2 WWR 865 — 13 Alta LR 457; case accessed 7 April
2020;
___________on CARSON, John, see "Fake Captain Is Now
Sentences to another Three Years. Stitt Pleads Guilty
to Charges Laid by Military Authorities. Will be taken
North by police tomorrow. Case
conducted in Police Court by Major John M. Carson",
emphasis in bold added, Calgary Herald, 1 April
1918, p. 21; available at https://www.newspapers.com/....,
accessed 20 May 2020;
Pressing (and holding) the
Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
____________on CARSON, John, see "[Military] Registrar Carson
May Become Deputy Judge-Advocate General", The Calgary Daily
Herald, Tuesday, 12 March 1918 at p. 9; available at
https://www.newspapers.com/...., accessed 19 May 2020;
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
___________on CARSON, John, see "Ottawa Confirms Officers Named for
Court Here. Personnel of Standing General Court Martial Now
Officially Published", Calgary Herald, 24 August 1918 at p.
15, available at https://www.newspapers.com/...., accessed 20 May
2020; the following officers were appointed to the new Standing
General Court Martial to deal with defaulters under the Military
Service Act: Major Carson, the AJAG for military district
number 12 was appointed Judge-Advocate of the court and Major R.T.
D. Aitken, the assistant director of stores and transports,
appointed as prosecutor;
___________on Major Carson, J., see "Carson Accepts Staff Post and
Becomes Major. Will be Assistant Judge-Advocate General as
Well as Registrar", Calgary Herald, Monday, 18 March 1918,
at p. 9; available at https://www.newspapers.com/....., accessed 20
June 2020;
___________contributor to the ICRC, Handbook on
international rules governing military operations,
Geneva : ICRC, 2013, 459 p., 23 cm (Collection; Reference), ISBN:
9782940396320; Andrew Carswell is a former JAG member; available at
https://www.icrc.org/eng/assets/files/publications/icrc-002-0431.pdf
(accessed on 2 March 2015);
___________former member of the JAG; has master degree in
international humanitarian law from the University of Geneva and the
Graduate Institute of International studies; here are some notes on
him:
Andrew Carswell, based in Washington D.C. since
2011, currently serves as delegate to the U.S. and Canadian
Armed Forces for the International Committee of the Red Cross
(ICRC).
Between 2009 and 2011 Andrew served as advisor for the ICRC’s
Unit for Relations with Arms Carriers in Geneva, where he
supported twenty-five armed
forces delegates worldwide regarding their efforts to
implement the law of armed conflict at the national level; and
between 2006 and 2009 he was based in
Pretoria as Regional Delegate to the Armed Forces of Southern
Africa and the Indian Ocean. Prior to his career with the
ICRC, he served as an officer in the
Canadian Forces Office of the Judge Advocate General
(2000-05), where he specialized in military prosecutions,
international law and legal training. He
was deployed to the NATO chain of command as a divisional
legal advisor in Bosnia (2002) and served as third in command
of the Canadian Military
Prosecution Service (2003-05). Before joining the military, he
was a criminal prosecutor in the city of Calgary, Canada
(1997-2000). He performed his
articles of clerkship at the Court of Appeal of Alberta
(1996-97), and remains a member of the Alberta Law Society.
(source: http://ihrib.org/ihrib-webinar-montreux-years/speaker-biographies/,
accessed on 4 November 2014);
___________participation in "Panel I -- The Evolving Security
Environment : Threats and Strategies", in Engagement Between Peace
and War. How Soldiers and Military Institutions Adapt, 13-15
June 2016, Proceedings Report by Meaghan Shoemaker, Queen<s
University, Ontario, Queen's University, June 2016, 22 p.
(series; Eleventh Annual Kingston Conferenceon International
Security; 11th; Queen's CIDPKCIS2016) ; available at www.queensu.ca/kcis/sites/webpublish.queensu.ca.kciswww/files/files/2016/KCIS2016_Proceedings_Web.pdf
(accessed 13 January 2018);
Andrew Carswell began by
describing the International Committee of the Red Cross
(ICRC),
which focuses on the protection and assistance of
humanitarian b eneficiaries of armed conflict
from a position of neutrality and impartiality.
Mr. Carswell framed his
presentation first on the
rhetoric of Common Vulnerabilities Exposures (CVE) and
counterterrorism and how this
overlaps with protected person categories of the law of
armed conflict. Mr. Carswell
noted that
discussions of counterterrorism and CVE are interspersed
throughout the law of armed conflict
and cautioned that with counterterrorism, a label is
generally applied to a group, giving a title of
criminality regardless of their actions. When
speaking with key groups/parties, Mr. Carswell
noted that the ICRC navigates several fundamental
challenges which include state sovereignty,
the issue of material support to terrorism, and the
ownership of obligations and how this changes
in non-international conflict. The ICRC as a result must
consider legitimacy of groups while
being non-partisan, in addition to amnesty for
participation in hostilities.
In considering state’s adherence to the law of armed
conflict, Mr. Carswell
noted the practical
issue of how to integrate the law into practice . He
suggests this involves the whole system,
including policy, education, field training, and
justice. In consideration of Western
counterterrorism, the ICRC takes issue with the growing
tendency of armed forces to increase
the ability of commanders to make the call as to who is
a member in non-state armed groups.
Additionally, the ICRC is concerned with non-refulment,
which is refraining from releasing
detainees to states that are likely to mistreat them.
Canada was considered the model of practice
of the ladder, following the conflict in Afghanistan.
Acknowledging the tension between the
scope of battlefields being largely non-international
and the law of armed conflict which
emphasizes territory, Mr. Carswell
raised the issue of when a conflict becomes a local law
enforcement problem. This leads to a grey area in
which the circumstances must be considered.
Mr. Carswell concluded
by noting that there is a time and place for
counterterrorism, but not
during the discussion on the rights and obligations of
individuals on the laws of armed conflict.
[p. 6, footnote omitted]]
Image
source:
http://www.wilsonlafleur.com/wilsonlafleur/CatDetails.aspx?C=341.215,
accessedc 17 July 2017
CARTER, Kim S., "The Applicability of International Humanitarian Law
to United Nations Military Operations", in Claude
Emanuelli, sous la direction
de, Les casques
bleus : policiers ou combattants?/ Blue Helmets: Policemen or
Combatants?,
Montréal, Wilson et Lafleur, 1997, 130 p. at pp. 33-46
(Collection: Secrion bleue) ISBN: 2-89127-416-4;
___________ Biographical notes on Kim Carter from the BC Office of
the Ombudsman;
Kim Carter, Ombudsperson
Kim Carter has a broad background in criminal,
international and administrative law. She has
appeared as counsel before the Federal Court of
Canada, the Court Martial Appeal Court of Canada
and the Supreme Court of Canada.
She attended Glendon College at York University
for an undergraduate degree; received her law
degree from Osgoode Hall Law School in 1979 and
completed her Master’s of Law at the University of
Ottawa in 2005.
Kim served as a member of the Canadian Forces
Reserves from 1975 to 1981 as a logistics officer.
After her call to the bar in Ontario she
transferred to the regular force as a legal
officer. In addition to providing legal advice on
a wide range of administrative issues, she acted
variously as defence counsel, prosecutor and
appellate counsel. She was the Director of
International Law for the Canadian Forces from
1991 to 1995 and acted as Senior Canadian Forces
Counsel during the Somalia Commission of Inquiry.
She has worked in Canada and overseas in many
capacities including as leader of the Canadian War
Crimes Investigation Team responsible for
conducting on-site war crimes investigations in
the Former Republics of Yugoslavia for the United
Nations Commission of Experts in 1993. She was
also a member of the Canadian delegation during
negotiating sessions for the International
Criminal Court in New York
In 1999, then-Colonel Carter was appointed the
first independent Director of Military
Prosecutions for the Canadian Forces. In 2001 she
was appointed by Governor-in-Council as a military
judge and in 2002 became Canada’s first female
Chief Military Judge until her retirement from the
Canadian Forces in 2006.
Kim was appointed Ombudsman for the Province of
British Columbia on May 15, 2006 for a six-year
term and she was reappointed for an unprecedented
second term by the Legislative Assembly
on May 9, 2012. As Ombudsperson, Kim has
introduced an innovative early resolution program
to assist in achieving fair and timely resolutions
for individuals and authorities as well as
establishing an active systemic investigation team
that has produced a number of public reports on
areas ranging from lottery prize security to home
and community care programs for seniors. (source:
https://www.bcombudsperson.ca/about/kim-carter-ombudsperson,
accessed 23 June 2015)
___________"Command Responsibility and Superior Orders in the Rome
Statute" in International Centre for Criminal Law Reform and
Criminal Justice Policy, The changing face of international
criminal law : selected papers, Vancouver, BC :
ICCLR&CJP, c2002, 241 p., at pp. 169-181, ISBN: 0973043202;
note: Papers from the Centre's 10th Anniversary Conference, held in
Vancouver in June 2001.--cf. p.7; available at http://www.icclr.law.ubc.ca/Publications/Reports/ChangingFace.pdf
(accessed on 8 June 2003);
Image
source: , accessed 3 June 2016
___________"Dealing With Allegations of Corrupt Practices in the
Canadian Forces", in, A Global
Forum on Fighting Corruption : Safeguarding Integrity Among
Justice and Security Officials : National Security Forces Panel,
1999, at pp. 57-77 ; available at http://www.hsdl.org/?view&did=445561
(accessed on 8 May 2012);
On February 24-26, 1999, Vice President Albert Gore hosted in
Washington D.C., the world's first conference to target
corruption, specifically among police, prosecutors, judges,
military personnel, customs officials, border guards, financial
regulators, and budget and procurement officials. On February 25,
1999, specialty sessions were held a various locations in the
Washington area, dealing with integrity and corruption issues
specific to certain institutions. The National Security Forces
Panel was hosted by DoD and convened at the National Defense
University, Ft. McNair, Washington, D.C. Approximately 120
participants attended from at least 40 nations, including defense
attaches, and senior military and civilian
officials. The transcripts of the conference proceedings are
contained within this report.
___________The international
criminal tribunal : current realities and future prospects / by
Kim Carter for the Canadian Committee for the Fiftieth Anniversary
of the United Nations, [Ottawa] : The Committee, 1994, 14
p. (series; The agenda for change series: perspectives on UN reform
no 4); FRANÇAIS :
__________ Le tribunal pénal
international : situation actuelle et perspectives d'avenir / par
Kim Carter pour le Comité canadien pour le cinquantième
anniversaire des Nations Unies, [Ottawa] : Le Comité, 1994,
14 p. (Collection; Série des agendas pour le changement exposé no.
4);
___________"Les juges militaires à une nouvelle présence au Forum
des juges", (June 2003) Vox Judicia--CBA Judges' Forum 1-2;
available at http://www.cba.org/CBA/Judges_Forum/pdf/voxjune2003.pdf
(accessed 31 October 2015);
Colonel Kim Carter, CD, B.A., LL.B,
originally of Toronto and currently residing in Ottawa, Ontario is
appointed as a military judge under the National Defence Act.
Colonel Carter received her LL.B. from Osgoode Hall Law School in
1979 and was called to the Ontario Bar in 1981. She has been a
member of the Canadian Forces
since 1975, commencing her service at 25 (Toronto) Service
Battalion. She transferred to the Regular Force in 1981 as a legal
officer in the Office of the Judge Advocate
General. Colonel Carter has served as a member of the legal
defence team, acted as an area legal adviser and appeared as
appellate counsel before the Court Martial
Appeal Court. Colonel Carter graduated from the Canadian Forces
Command and Staff College in 1989. In January 1993, Colonel
Carter was appointed leader of the
Canadian War Crimes Investigation Team responsible for conducting
on-site war crimes investigations in the Former Republics of
Yugoslavia for the United Nations Commission
of Experts. In April 1995, she was posted to the Office of the
Counsel for the Government of Canada representing the Government
of Canada before the Somalia Commission of
Inquiry. In 1999, Colonel Carter was appointed as the first
Director of Military Prosecutions for the Canadian Forces, a
position she held until her appointment as a military judge.
Colonel Carter also has extensive experience in international
law..
_______________on CARTER, LCol Kim, see The Canadian Press,
"Military lawyer disqualified at Somalia Inquiry", The Windsor
Star, Wednesday, 15 May 1996 at p. A11; available at
https://www.newspapers.com/ (accessed 15 May 2020);
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
"The Sarajevo Op Justice Team. Back row, from left: Maj Van
Veen, Sgt Lamothe,
WO Murray-Ford, MCpl McCoomb, LCol Carter, PO Ross.
Front row: Maj Boutin,
Cdr Fenrick" (text and image from McDONALD, R. Arthur
McDonald, Canada's
Military Lawyers, Ottawa : Office of the Judge Advocate
General, c2002, at p. 169 available at pp. 103-242.
___________on CARTER, LCol Kim, see MURRAY-FORD, S.,"OP Justice", The
Thunderbird Journal, Number 2, 1994, at pp. 3-6;
available at http://www.cmpa-apmc.org/uploads/7/1/9/7/71970193/1994_no._2_thunderbird_journal_en.pdf
(accessed 12 November 2017); re Maj. L. Boutin, Maj. A. Vanveen,
LCol K.S. Carter part of the mission OP Justice" investigating war
crimes in former Republic of Yugoslavia;
___________on CARTER, Colonel Kim, see McDONALD, R. Arthur, (Ronald
Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office
of the Judge Advocate General, c2002, at pp. 162 and 169 available
at 103-242;
Source of
image: http://www.cba.org/
CBA/Judges_Forum/pdf/voxjune2003.pdf, accessed 31 October 2015
"Military judges: Lieutenant Colonel Alain Ménard (now
retired)(back),
and left to right, Commander Jim Price, Lieutenant Colonel Mario
Dutil, Colonel Kim Carter."
___________The People's
Court? The International Criminal Court and Article 15
Proprio Motu Investigations: A Vision For The Future,
Master's essay for LL.M. degree, University of Ottawa / mémoire de
maîtrise en droit pour le grade LL.M., Université d'Ottawa, 2004;
titre noté dans "Liste des mémoires de maîtrise et thèses de
doctorat acceptés en 2004", (Automne 2004) 64 Revue du Barreau 467 à la p.
468;
Image
source:
mysmilebuecher.cf/olddocs/looking-ahead-international-law-21st-century-proceedings-29th-annual-conference-canadian,
accessed 17 July 2017
CARTER, Kim, Yasir Naqvi and Katherine Wood, "Canadian Council in
International Law: Policy Options Paper" in Canadian
Council on International Law Conference (29th : 2000: Ottawa,
Ont.), Looking ahead :
international law in the 21st century : proceedings of the
29th Annual Conference of the Canadian Council on International
Law, Ottawa, October 26-28, 2000 = Tournés vers l'avenir : le
droit international au 21ème siècle : travaux de 29e congrès
annuel du Conseil canadien de droit international, Ottawa, 26 au
28 octobre 2000, Hague : Kluwer Law International, c2002,
x, 347 p., at pp. 312 to approx. 342; Notes: Parallel title: Tournés vers l'avenir, ISBN:
9041198725 (paperback) and 9041198598 (hardback); copy at Ottawa
University, FTX General, KZ 25 .C345 2000;
CASHIN, Patrick (Pat), Captain, member of the OJAG, following the
Legal Officer Qualification Course that started in April 2019 at
Canadian Forces Military Law Centre, Canadian Forces Base Kingston;
Captains
Greg Plester, Mike Gough and Pat
Cashin from our AJAG Western
team have finished their first week on the Legal
Officer Qualification Course.
46 new @CanadianForces
Legal Officers from across Canada are at CFB
Kingston for the month-long mandatory training."
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
Zaida Catalan , kidnapped and killed see Wikipedia
source: dailykos.com/stories/2017/3/30/1648277/-Kidnapped-U-N-
Experts-Found-Dead-And-Beheaded-In-Congo-Remembering-Champions-
Of-The-Downtrodden, accessed 26 August 2017
CATALAN, Zaida, two photos from flickr "Goma, DR Congo album",
at https://www.flickr.com/photos/zaida/albums/72157625794328219
(accessed on 26 August 2017);
-
"Avocat militaire -- Patrick [Goulet] ]the military
lawyer"
-
"Last meeting for Patrick [Goulet] --Meeting about the
mass rapes in Walikale
and protection of the victims who recieve threats as
they step forward
and want to testify."
CATHCART, Blaise (Bernard Blaise), "2015 William A. Howard
Memorial Lecture with Major-General Blaise Cathcart", available
at https://www.youtube.com/watch?v=HuaVteDUb3U
(accessed on 28 March 2015);
___________ "Address delivered at the Office of the JAG Continuing
Legal Education Conference, Ottawa, 4-6 October 2012, unpublished,
cited in SAMSON, J. Jason, Changing
Tactics : Rehabilitating Canadian Justice for Traumatized Veterans,
LL.M. thesis, Dalhousie University, 2012, xi, 201 leaves, at pp. 148
and 196;
___________ "Application of Force and Rules of Engagement in
self-defence Operations", in Terry Gill and Dieter Fleck, eds., Handbook of the International Law of
Military Operations, Oxford/New York: Oxford University
Press, 2011, xxviii, 657 p., at pp. 201-212, ISBN13:
9780199545896; ISBN10: 0199545898; copy
at Université Laval, Bibliothèque des sciences humaines et sociales;
see also 2nd edition, 2015 as chapter 10, ISBN:
978-0-19-874462-7 and ebook ISBN: 978-0-19-106208-7;
Since 1990, Major-General Cathcart has served in a
number of positions with the Office of the
JAG, including: Assistant Judge Advocate Atlantic Region
(1990-91); Directorate of Law/Claims
(1991-92); Directorate of Law/Human Rights and Information
(1992-93); Deputy Judge Advocate
Pacific Region (1993-96); Deputy Judge Advocate Prairie
Region (1996-97); Director of
Operational Law (1997-2003); post-graduate studies (LLM) in
International Law at the London
School of Economics and Political Science, London, England
(2003-2004); the Special Assistant
to the JAG (2004-2005); and Director of International Law
(2005-2006). He was promoted to the
rank of Colonel in June 2006 and served as the Deputy Legal
Advisor and General Counsel – Military
in the Office of the Legal Advisor to the Department of
National Defence and the Canadian Armed
Forces (2006-2007); Second Language training (2007-2008);
the Deputy Judge Advocate General/
Operations (2008 - 2010). He was promoted to the rank of
Brigadier-General in April 2010, prior to
his appointment to the position of Judge Advocate General on
14 April 2010. On October 29, 2012,
he was promoted to the rank of Major-General.
He has deployed as legal advisor to the Commander
Canadian Contingent United Nations Protection
Force (UNPROFOR) and the United Nation Peace Forces
(UNPF) in the former Yugoslavia in 1994
and 1995. Major-General Cathcart deployed as the
Senior Legal Advisor to the Commander Canadian
Task Force Bosnia-Herzegovina (SFOR) from February to
September 2000. He was the legal advisor
to Joint Task Force 2, the Canadian Forces
Counter-Terrorism/Special Operations unit from 1997-2000.
In his capacity as the Director of Operational Law
(2000-2003), he provided daily legal advice to the
Deputy Chief of the Defence Staff and senior National
Defence Headquarters (NDHQ) staff (including
J3 Counter-Terrorism and Special Operations) on a number
of issues arising from domestic and
international operations. Major-General Cathcart was
intimately involved in providing legal advice
at the strategic and operational levels during the
planning and execution of the Canadian Armed Forces
participation (conventional and special forces) in the
Campaign Against Terrorism.
___________ARMY.CA --Blog -- Topic: Judge Advocate General has gone
3 years without filing reports to Def Minister (Read 14888
times), available at http://army.ca/forums/index.php/topic,115252.0.html,
accessed 27 December 2015;
___________"Canadian Military Justice and the Judge Advocate
General, Speech delivered by Major General Blaise Cathcart at the
Winds of Change International Military Law Conference November 23,
2015–University of Ottawa" in
Michel Drapeau Law Office, ed., Winds
of Change: Conference and Debate on Canadian
Military Law, [Ottawa:] Michel Drapeau
Law Office, 2016, 102 p., at pp. 23-31, NOTES:
Conference held at the University of Ottawa,
13 November 2015; "For the first time an
international academic conference on military
law was held in Canada at the University of
Ottawa with the focus on reform and
comparative law" (Gilles Létourneau, Preface,
p. 7); "(Organizing Committee for the
Conference: Michel W. Drapeau, Joshua M.
Juneau, Walter Semianiw and Sylvie Corbin)";
Speech transcribed by Joshua M. Juneau, p. 31;
available at mdlo.ca/wp-content/uploads/2016/01/2015-Conference-Proceedings.pdf
(accessed 20 January
2016); speaking notes
in English and French
from the Judge
Advocate General,
available in English
at http://www.forces.gc.ca/en/about-reports-pubs-military-law/jag-remarks-military-law-conference-2015.page
and in French at http://www.forces.gc.ca/fr/a-propos-rapports-pubs-droit-militaire/notes-allocution-du-jag-conference-droit-militaire-2015.page
(accessed 12 February
2016);
Image
source: http://www.amazon.com/The-Handbook-International-Military-Operations/dp/0199641218,
accessed on 15 November 2014
___________"Command and Control in Military Operations", in Terry
Gill and Dieter Fleck, eds., Handbook
of the International Law of Military Operations, Oxford/New
York: Oxford University Press, 2011, xxviii, 657 p., at pp. 235-244,
ISBN13:
9780199545896; ISBN10: 0199545898; copy
at Université Laval, Bibliothèque des sciences humaines et sociales;
see also 2nd edition, OUP 2015, at p. 138;
___________"Contemporary Challenges in Canadian Military Law--JAG
Remarks to the Albany Club, Toronto, Ontario, 24 April 2015", 29
p., DND Access to Information Act request file number
A-2016-00215-0016; available at http://www.lareau-legal.ca/Cathcart45.pdf;
excellent
description of the JAG organization! (put on line on 3 July 2017);
___________"Départ à la retraite du MGen Blaise Cathcart--Juge
Avocat Général (JAG), 12 juin 2017; received by email from
Benoit Pinsonneault, 23 June 2017;
Title:
DEPART A LA RETRAITE DU MGEN BLAISE CATHCART – JUGE-AVOCAT
GENERAL (JAG)
Approver
Comments:
Body:
MESSAGE BILINGUE/BILINGUAL MESSAGE
1.
APRES 27 ANS DE SERVICE LOYAL ET DEDIE AU CANADA, AUX
FAC ET AU CABINET DU JAG, LE MGEN BLAISE
CATHCART OMM, CD, C.R. PRENDRA SA RETRAITE LE 11
SEPTEMBRE 2017.
2.
SUIVANT LES TRACES DE SON PERE, ADJUC (RETRAITE) BLAISE
CATHCART – RCR, LE MGEN CATHCART JOINT
LES FAC LE 18 JUIN 1990 (DANS L UNIFORME DE LA FORCE
AERIENNE) PEU DE TEMPS APRES AVOIR ETE APPELE
AU BARREAU DE LA NOUVELLE-ECOSSE EN 1989. PENDANT SA
CARRIERE, LE MGEN CATHCART OCCUPA PLUSIEURS
POSTES AU SEIN DU CABINET DU JAG, NOTAMMENT COMME
JUGE-AVOCAT ADJOINT REGION ATLANTIQUE DE 1990
A 1991, REGION PACIFIQUE DE 1993 A 1996 ET REGION DES
PRAIRIES DE 1996 A 1997. IL PRATIQUA EGALEMENT LE
DROIT A LA DIRECTION JURIDIQUE – RECLAMATIONS DE 1991 A
1992, A LA DIRECTION JURIDIQUE – DROITS DE LA
PERSONNE ET INFORMATION DE 1992 A 1993, AU CABINET DU
CONSEILLER JURIDIQUE DU MINISTERE DE LA DEFENSE
NATIONALE ET DES FORCES CANADIENNES DE 2006 A 2007, ET
COMME JUGE-AVOCAT GENERAL ADJOINT/JUSTICE
MILITAIRE ET DROIT ADMINISTRATIF DE 2008 A 2009.
3.
LE MGEN CATHCART EST RECONNU GLOBALEMENT EN TANT QUE
PRINCIPAL PRATICIEN DANS LES DOMAINES
DU DROIT INTERNATIONAL ET OPERATIONNEL, LE PLUS
NOTABLEMENT DANS LE DROIT DES CONFLITS ARMES ET
EST HAUTEMENT CONSIDERE ET CONSULTE DANS LE MONDE. L
EXPERIENCE DU DROIT OPERATIONNEL DU MGEN
CATHCART A COMMENCE A TITRE DE CONSEILLER JURIDIQUE
AUPRES DU COMMANDANT DU CONTINGENT CANADIEN
DE LA FORCE DE PROTECTION DES NATIONS UNIES ET DES
FORCES DE PAIX DES NATIONS UNIES EN EX-YOUGOSLAVIE
DE 1994 A 1995. A SON RETOUR, IL FUT AFFECTE COMME
CONSEILLER JURIDIQUE AUPRES DE LA DEUXIEME FORCE
OPERATIONNELLE INTERARMEES, L UNITE D OPERATIONS
SPECIALES DE CONTRE-
ERRORISME DES FORCES CANADIENNES DE 1997 A 2000. LE MGEN
CATHCART RETOURNA AUX BALKANS EN 2000 EN
TANT QUE CONSEILLER JURIDIQUE PRINCIPAL AUPRES DU
COMMANDANT DE LA FORCE OPERATIONNELLE DU CANADA
EN BOSNIE-HERZEGOVINE. IL SOLIDIFIA ULTERIEURMENT SA
PRATIQUE DU DROIT OPERATIONNEL AU PAYS A LA
DIRECTION DU DROIT OPERATIONNEL DE 2000 A 2003 PUIS EN
2006. IL FUT PROMU AU GRADE DE COLONEL EN JUIN
2006 ET FUT AFFECTE COMME JUGE-AVOCAT GENERAL
ADJOINT/OPERATIONS EN 2008. LA MEME ANNEE, IL REPREND
ENFIN SES ESPRITS ET CHANGE D UNIFORME POUR REVETIR
CELUI DE L ARMEE. LE MGEN CATHCART EST PROMU AU
GRADE DE BRIGADIER-GENERAL EN AVR 2010, AVANT D ETRE
NOMME JUGE-AVOCAT GENERAL LE 14 AVR 2010. LE 29
OCTOBRE 2012, IL EST PROMU AU GRADE DE MAJOR-GENERAL,
NOMME CONSEILLER DE LA REINE EN NOUVELLE-
ECOSSE EN 2013 ET RENOMME JUGE-AVOCAT GENERAL EN 2014.
4.
LA CARRIERE MILITAIRE ET LES ETUDES ANTERIEURES DU MGEN
CATHCART LUI ASSURENT L EXPERIENCE DU
VASTE SPECTRE DU DROIT MILITAIRE. IL A UN BACCALAUREAT
EN ARTS DE L UNIVERSITE SAINT MARY S, UNE
MAITRISE ES ARTS DE L UNIVERSITE D OTTAWA EN LITTERATURE
ANGLAISE, ET IL EST UN FIER DIPLOME DE
L ECOLE DE DROIT DE DALHOUSIE. LE MGEN CATHCART A GRADUE
AVEC DISTINCTION DU PROGRAMME DE
MAITRISE EN DROIT INTERNATIONAL PUBLIC DE LA LONDON
SCHOOL OF ECONOMICS AND POLITICAL SCIENCE
EN 2004 OU IL S EST VU ATTRIBUE LE PRIX DE LA LSE DES
ETUDIANTS EN DROIT, LE PRIX LAUTERPACHT-HIGGINS,
LE PRIX BLACKSTONE CHAMBERS DE MEME QUE LE PRIX
DERBY-BRYCE EN DROIT. LE MGEN CATHCART EST
EGALEMENT RECIPIENDAIRE D UN DOCTORAT HONORIFIQUE EN
DROIT DE SON ALMA MATER, L UNIVERSITE SAINT
MARY S.
5.
DANS SON ROLE DE SURINTENDANT DU SYSTEME DE JUSTICE
MILITAIRE, IL EST POUR UN SYSTEME DE JUSTICE
MILITAIRE EVOLUTIF, EQUITABLE, EFFICACE ET REFLETANT LES
VALEURS CANADIENNES ET LES EXIGENCES
UNIQUES D UNE FORCE MILITAIRE OPERATIONELLE EFFICIENTE.
IL RECONNAIT QU IL EST PRIMORDIAL DE PRENDRE
SOIN DE NOS EFFECTIFS AU SEIN DE FORCES CANADIENNES.
CETTE VISION PREND LA FORME DE LA MISE EN OEUVRE
D UNE MISSION ET D UNE VISION POUR LE CABINET DU JAG,
UNE VISION QUI RECONNAIT TOUS LES MEMBRES DE
L EQUIPE DU JAG ET QUI RECALIBRE L EQUILIBRE ENTRE LE
TRAVAIL ET LA VIE DE FAMILLE, METTANT L ACCENT SUR
CETTE DERNIERE.
6.
LE MGEN CATHCART A TOUJOURS ETE TRES FIER D ETRE MEMBRE
DES FAC ET DU CABINET DU JAG. IL SE CONSIDERE
CHANCEUX D AVOIR PU TRAVAILLER AVEC DES PERSONNES PARMI
LES PLUS EXPERIMENTEES ET PROFESSIONNELLES
QUE CE PAYS AIT A OFFRIR, ET IL QUITTERA LES FAC AVEC LE
CŒUR REMPLI DE BONS SOUVENIRS. SON SEUL REGRET
EST DE N AVOIR JAMAIS PU REMPORTER LE JAG BOWL PENDANT
SES NOMBREUSES ANNEES DE COMPETITION.
HEUREUSEMENT POUR LES FAC, LA PRECISION ET LA CLARTE DE
SES CONSEILS JURIDIQUES SONT NETTEMENT SUPERIEURS
A SA CAPACITE DE PREDIRE LES RESULTATS DES MATCHES
DE FOOTBALL (CAUSE PAR SON OBSESSION DES COWBOYS
DE
DALLAS).
7.
LE MGEN CATHCART ET SA CONJOINTE VALERIE JONES
PLANIFIENT EMBRASSER LE STYLE DE VIE DE LA COTE EST A
HALIFAX, PRENANT AVANTAGE DE LA RETRAITE AVEC LA FAMILLE
ET LES AMIS (OU IL ESPERE AMELIORER SES
COMPETENCES EN PREDICTIONS DE RESULTATS DE MATCHES DE
FOOTBALL) AVANT D ENVISAGER DE NOUVEAUX DEFIS
ET OPPORTUNITES.
8.
UNE CEREMONIE DE DEPART DANS LA DIGNITE SE TIENDRA LE 26
JUIN 17 A 1400 AU MESS DES ADJUDANTS ET DES
SERGENTS A OTTAWA.
9.
TOUS LES MESSAGES DE FELICITATIONS, PHOTOGRAPHIES,
ANECDOTES, HISTOIRES DE GUERRE ET PREUVES
INCRIMINANTES SONT BIENVENUS ET PEUVENT ETRES ENVOYES AU
PM 1 SERGE LAVIGNE PAR MESSAGE OU PAR
COURRIEL A SERGE.LAVIGNE (AROBASE) FORCES.GC.CA OU AU
COL JOSHI PAR MESSAGE OU PAR COURRIEL AU VIHAR
.JOSHI (AROBASE) FORCES.GC.CA.
10. FIAT JUSTITIA.
FIN DU TEXTE
FRANCAIS/ENGLISH TEXT TO FOLLOW
1. AFTER 27
YEARS OF LOYAL AND DEDICATED SERVICE TO CANADA, THE CAF,
AND THE OFFICE OF THE JAG, MGEN BLAISE CATHCART
OMM, CD, Q.C. WILL RETIRE ON 11 SEP 17.
2. FOLLOWING
IN THE FOOTSTEPS OF HIS FATHER, CWO (RET) BLAISE
CATHCART RCR, MGEN CATHCART JOINED THE CAF ON 18 JUN
1990
(AIR FORCE UNIFORM) SHORTLY AFTER BEING CALLED TO THE
BAR OF NOVA SCOTIA IN 1989. THROUGHOUT HIS CAREER, MGEN
CATHCART SERVED IN A NUMBER OF POSITIONS WITHIN THE
OFFICE OF THE JAG, INCLUDING DEPUTY JUDGE ADVOCATE
ATLANTIC
REGION 1990-91, PACIFIC REGION 1993-96 AND PRAIRIE
REGION 1996-97. HE ALSO PRACTICED LAW IN THE DIRECTORATE
OF LAW AND
CLAIMS 1991-92, DIRECTORATE OF LAW HUMAN RIGHTS AND
INFORMATION 1992-93, OFFICE OF THE LEGAL ADVISOR TO THE
DEPARTMENT
OF NATIONAL DEFENCE AND THE CANADIAN FORCES 2006-2007,
AND DEPUTY JUDGE ADVOCATE GENERAL IN MILITARY JUSTICE
AND
ADMINISTRATIVE LAW 2008 TO 2009.
3. MGEN CATHCART IS RECOGNIZED
GLOBALLY AS A
LEADING
PRACTIONER IN THE FIELDS OF INTERNATIONAL AND
OPERATIONAL LAW, MOST NOTABLY IN THE LAW OF ARMED
CONFLICT,
AND IS HIGHLY REGARDED AND CONSULTED WORLDWIDE. MGEN
CATHCART S OPERATIONAL LAW EXPERIENCE BEGAN AS THE
DEPLOYED LEGAL ADVISOR TO THE COMMANDER OF THE CANADIAN
CONTINGENT, UNITED NATIONS PROTECTION FORCE, AND THE
UNITED NATIONS PEACE FORCES IN THE FORMER YUGOSLAVIA IN
1994 AND 1995. UPON HIS RETURN, HE WAS POSTED AS THE
LEGAL
ADVISOR TO JOINT TASK FORCE 2, THE CANADIAN FORCES
COUNTER-TERRORISM SPECIAL OPERATIONS UNIT FROM
1997-2000. MGEN
CATHCART RETURNED TO THE BALKANS IN 2000 AS THE SENIOR
LEGAL ADVISOR TO THE COMMANDER CANADIAN TASK FORCE
BOSNIA-
HERZEGOVINA SFOR IN 2000. HE SUBSEQUENTLY SOLIDIFIED HIS
OPERATIONAL LAW PRACTICE AT HOME WITHIN THE DIRECTORATE
OF
OPERATIONAL LAW BETWEEN 2000-2003 AND 2006. HE WAS
PROMOTED TO THE RANK OF COLONEL IN JUN 2006 AND WAS
POSTED AS THE
DEPUTY JUDGE ADVOCATE GENERAL - OPERATIONS IN 2008. THE
SAME YEAR, HE CAME TO SENSES AND CHANGED HIS DEU TO
ARMY.
MGEN CATHCART WAS PROMOTED TO THE RANK OF
BRIGADIER-GENERAL IN APR 2010, PRIOR TO HIS APPOINTMENT
AS THE JUDGE
ADVOCATE GENERAL ON 14 APR 2010. ON 29 OCT 2012, HE WAS
PROMOTED TO THE RANK OF MAJOR-GENERAL, APPOINTED QUEEN S
COUNSEL IN NOVA SCOTIA IN 2013 AND RE-APPOINTED AS THE
JUDGE ADVOCATE GENERAL IN 2014.
4. HIS
MILITARY CAREER AND FORMAL EDUCATION PROVIDED MGEN
CATHCART EXPERIENCE ACROSS THE BROAD SPECTRUM OF
MILITARY LAW. HE OBTAINED A BACHELOR OF ARTS FROM SAINT
MARY S UNIVERSITY, A MASTER OF ARTS FROM THE UNIVERSITY
OF OTTAWA IN ENGLISH LITERATURE, AND IS A PROUD
DALHOUSIE LAW SCHOOL ALUMNUS. MGEN CATHCART GRADUATED
WITH
DISTINCTION FROM THE MASTERS OF LAW PROGRAMME
PUBLIC INTERNATIONAL LAW AT THE LONDON SCHOOL OF
ECONOMICS
AND POLITICAL SCIENCE IN 2004 WHERE HE WAS AWARDED
THE LSE LAWYERS ALUMINI PRIZE, THE LAUTERPACHT-
HIGGINS PRIZE,
THE BLACKSTONE CHAMBERS PRIZE AS WELL AS THE DERBY-
BRYCE PRIZE IN LAW. MGEN CATHCART
IS ALSO THE RECEPIENT OF AN HONORARY DOCTORATE OF LAWS
FROM HIS ALMA MATER,
SAINT MARY S UNIVERSITY.
5. IN HIS ROLE
AS THE SUPERINTENDENT OF THE MILITARY JUSTICE SYSTEM, HE
HAS CHAMPIONED THE EVOLUTION OF A FAIR,
EFFICIENT AND EFFECTIVE MILITARY JUSTICE SYSTEM
REFLECTING CORE CANADIAN VALUES AND THE UNIQUE
REQUIREMENTS
OF AN OPERATIONALLY EFFECTIVE AND EFFICIENT
MILITARY FORCE. HE HAS RECOGNIZED THE OVERRIDING AND
FUNDAMENTAL
IMPORTANCE OF PEOPLE AT THE CORE OF THE STRATEGIC
SUCCESS OF THE CANADIAN FORCES. THIS IS EVIDENCED BY THE
IMPLEMENTATION OF A MISSION AND VISION FOR THE
OFFICE OF THE JAG THAT RECOGNIZES THE FUNDAMENTAL
IMPORTANCE
OF ALL MEMBERS OF THE JAG TEAM AND A RECALIBRATED
BALANCE BETWEEN WORK - LIFE WHICH PLACES AN ENHANCED
EMPHASIS ON FAMILY.
6. MGEN
CATHCART HAS ALWAYS BEEN VERY PROUD TO BE BOTH A MEMBER
OF THE CAF AND OF THE OFFICE OF THE JAG. HE
CONSIDERS HIMSELF FORTUNATE TO HAVE MET AND WORKED WITH
SOME OF THE MOST DEVOTED AND PROFESSIONAL PEOPLE
THIS COUNTRY HAS TO OFFER, AND WILL LEAVE THE CAF
WITH A WEALTH OF MEMORIES. HIS ONLY REGRET IS THAT HE
NEVER
WON THE JAG BOWL DURING THE MANY YEARS OF
COMPETITION. FORTUNATELY FOR THE CAF, THE PRECISION AND
CLARITY
OF HIS LEGAL ADVICE IS FAR BETTER THAN HIS DISMAL
ABILITY TO PREDICT FOOTBALL RESULTS (DUE TO A BLIND SPOT
BASED ON OBSESSION WITH THE DALLAS COWBOYS).
7. MGEN
CATHCART AND HIS SPOUSE VALERIE JONES ARE PLANNING TO
EMBRACE THE EAST COAST LIFESTYLE IN HALIFAX,
TAKING ADVANTAGE OF RETIREMENT TO SPEND TIME WITH
FAMILY AND FRIENDS (AND ENHANCING HIS FOOTBALL
PROGNOSTICATION SKILLS) BEFORE CONSIDERING NEW
CHALLENGES AND OPPORTUNITIES.
8. A DEPART
WITH DIGNITY FUNCTION WILL BE HELD ON 26 JUN 17 AT 1400
AT THE WOS AND SGTS MESS IN OTTAWA.
9.
CONGRATULATORY MESSAGES, PHOTOGRAPHS, ANECDOTES, WAR
STORIES AND INCRIMINATING EVIDENCE ARE WELCOME AND
MAY BE SENT TO CPO1 SERGE LAVIGNE BY MESSAGE OR BY
EMAIL AT SERGELAVIGNE (AT SIGN) FORCES.GC.CA OR TO COL
JOSHI
BY MESSAGE OR BY EMAIL AT VIHAR.JOSHI (AT SIGN)
FORCES.GC.CA.
10. FIAT JUSTITIA
Expires:
2017/07/05
Approval
Status:
Approved
English
Variation:
French
Variation:
Modified:
2017/06/12
12:24
Created:
2017/06/12
10:50
Last Modified 2017/06/12 12:24 by
Fortin Maj N@JAG COS JAG@Ottawa-Hull
___________"Force Application in Enforcement and Peace Enforcement
Operations", in Terry Gill and Dieter Fleck, eds., Handbook of the International Law of
Military Operations, Oxford/New York: Oxford University
Press, 2011, xxviii, 657 p., at pp. 115-128, ISBN13:
9780199545896; ISBN10: 0199545898; copy
at Université Laval, Bibliothèque des sciences humaines et sociales;
see also 2nd edition, 2015 as chapter 5.4, ISBN:
978-0-19-874462-7 and ebook ISBN: 978-0-19-106208-7;
___________"ILD 2010 / Panel Discussion: Civilianization of
War-Fighting... /Part 1 of 2", International Law Conference, U.S.
Naval War College, June 20-22 2010, 42:52 to 59:15; available
at https://www.youtube.com/watch?v=XyurkFqAQPQ
(accessed 9 January 2016);
___________International Law and
Persons Detained as Unlawful Enemy Combatants During the War
Against Terrorism, Public international law dissertation,
Masters of Law Programme (Public International Law), London School
of Economics and Political Science, 2004; 50 p.; Notes: Blaise
Catchart was awarded "The LSE Lawyers' Alumini Prize for the Best
Overall Performance on the LLM Degree Programme. The
Lauterpacht – Higgins Prize for the top student in Public
International Law. The Blackstone Chambers Prize for the Best
Public International Law Dissertation (the paper was entitled
"International Law and Persons Detained as Unlawful Enemy Combatants
During the War Against Terrorism")";
Late last week, Stephanie and Craig were very
pleased to invite to the podcast Blaise
Cathcart, QC,
Major-General (Retired), Judge Advocate General of the
Canadian Armed Forces (2010–2017).
This is a jam-packed discussion. If you're interested in
knowing more about how law and policy
interact in Canada's national defence space, it is not to be
missed. Among other things, Blaise
provides a thorough & fascinating overview of: the role
of the JAG; the manner in which legal
advice is organized in government; law and inter-operability
with Canada's allies; the new review
and accountability framework for the Canadian Armed Forces,
given the National Security and
Intelligence Committee of Parliamentarians and the proposed
C-59 review agency; the CSE's
proposed offensive cyber capacity and international law; and
the place of law in the use of force
(including a small debate at the end with Craig on the Syria
missile strikes discussed in Ep 32 --
please listen to that first to understand the context. This
final topic focuses on whether humanitarian
intervention has "crystallized" as customary international
law.) Thanks to Blaise
for becoming an
Intrepid Podcast alum!
Craig Forcese
Stephanie and Craig
welcome two terrific guests back to the show:
Major-General (ret) Blaise Cathcart
(Canada's former JAG) and Leah West (in her pre-law days,
an ops officer with the Canadian Armed
Forces). Today, we circle back to a topic we addressed in
Ep 11: "targeted killing". Our return to this
topic is sparked by Stewart Bell's reporting at Global on
a 2015 Canadian government memo discussing
the "the strategic issues associated with the targeting of
enemy combatants who are also Canadian
citizens in Op IMPACT, the CAF contribution to Coalition
Operation INHERENT RESOLVE efforts
against" ISIS. Stephanie and Craig begin with a typology
of how the term "targeted killing" has been
used in the literature and a description of the 2015 memo.
They then bring in the guests to discuss the
overall tactical targeting process for the CAF, its policy
origins, and how targeting packages are
determined and vetted. They focus on the concept of "armed
conflict", and the applicable law of armed
conflict (LOAC) (otherwise known as international
humanitarian law or IHL). They address: the
distinction between killing in an armed conflict and
outside an armed conflict; the meaning of armed
conflict and the thresholds for it and its geography, who
you can kill in an armed conflict and whether
there are constraints on that; how one distinguishes
between a combatant (who can be targeted) and a
non-combatant (who cannot); and the challenges of figuring
out who is directly participating in hostilities
in a hot conflict. They end with a discussion on the
extent to which the Charter of Rights and Freedoms
would apply in an armed conflict situation; and a brief
discussion of intelligence sharing and targeting.
This is our longest ever podcast, and violates our "no
longer than 45-50 minutes" standard. But there
is so much rich discussion in here with our terrific
guests that we did not have the heart to cut. Hope you
feel the same. Craig Forcese
The Canadian Armed Forces is off to Mali on a
peace-making mission. And with forest fire season in
full swing, it may be that the CAF will be called out to
assist in disaster relief sometime in the next weeks.
So, in this podcast, Stephanie and Craig invited Major
General (ret) Blaise Cathcart,
Canada’s former Judge
Advocate General, to walk us through how CAF deployments
work. We focus first on the international
dimension, examining: how the Prime Minister and Cabinet can
authorize an international deployment;
the means of civilian control over the military; the scope
of the “crown/royal prerogative” over defence,
and its broader significance; and whether international
deployment standards should be legislated. We then
pivot to domestic deployments, ranging from assistance to
law enforcement at major international
conferences such as the G7 through to public service in
respect to assisting in disaster relief. On this topic,
we examine the assortment of rules that govern how these
deployments are made and the powers and
responsibilities that the CAF has in them. When the military
turns out, there is a whole machinery that
has been kicked into motion. Listen in if you want to
understand all the moving gears.
Craig Forcese
MGen (ret) Blaise Cathcart,
Canada’s former Judge Advocate General, is back on INTREPID.
He walks through how the “military justice system” works for
the Canadian Armed Forces.
This discussion is sparked by a recent Court Martial Appeal
Court decision that casts doubt
on the workings of the courts-martial system, when it comes
to Criminal Code offences. You
can find that decision, Beaudry, here:
https://www.canlii.org/en/ca/cmac/doc/2018/2018cmac4/2018cmac4.html
Craig Forcese
In this second episode in the INTREPID “foreign
fighter” special series, Stephanie and Craig focus
on the legal issues. First, friend of the podcast, MGen
(ret) Blaise Cathcart,
Canada’s former Judge
Advocate General, returns to the podcast from Nova Scotia to
talk about the detention of Daesh
fighters (and others associated with Daesh) by the Kurdish
forces in Syria, and the application
of the “law of armed conflict” (or “international
humanitarian law”). Then Michael Nesbitt, from
the University of Calgary law school, walks us through the
various terrorism offences in the
Canadian Criminal Code and how they might apply to the
Canadians who return from Daesh.
Thanks to Blaise and Michael for coming on board!
Craig Forcese
For other perspectives of the role of the legal advisor to the
armed forces see LC Green The role of legal advisers in
the armed forces: Essays on the modern law of war,
(1985) 73-82; APV Rogers & D Stewart ‘The role of the
military legal advisor’ in TD Gill & D Fleck (eds) The
handbook of the international law of military operations
(2010) 537-564; APV Rogers ‘The military lawyer’s perspective’
in APV Rogers Law on the battlefield (2004) 239-248; R
McLaughlin ‘Giving operational legal advice: Context and
method’ 2012 50 Military Law and the Law of War Review
99; Sir D Bethlehem QC ‘The secret life of international law’
(2012) 1 Cambridge Journal of International and
Comparative Law 23; HH Koh ‘The State Department Legal
Adviser’s Office: Eight decades in peace and war’ (2012) 100 The
Georgetown Law Journal 1747; SR Tully ‘Getting it wrong
or being ignored: Ten words on advice for government lawyers’
(2009) 7 The New Zealand Yearbook of International Law
51; LA Dickinson ‘Military lawyers on the battlefield: An
empirical account of international law compliance’ (2010) 104
American Journal of International Law 1; K Anderson
‘The role of the Unites States military lawyer in projecting a
vision of the laws of war’ (2003) 4 Chicago Journal of
International Law 445; CJ Dunlap Jr ‘It ain’t no TV
show: JAGs and modern military operations’ (2003) 4 Chicago
Journal of International Law 479; Col LA Libman ‘Legal
advice in the conduct of operations in the Israel Defense
Forces’ (2011) 50 Military Law and the Law of War Review 67;
MA Newton ‘Modern military necessity: The role & relevance
of military lawyers’ (2006-2007) 12 Roger Williams
University Law Review 877. [footnote 3 at p. 277]
......
Normally, operational legal advice will address, though not be
limited to, the following:
(1) legal basis for the operation (international and
national);
(2) international law issues (for example, applicability of
treaties such as UNCLOS or the Chicago Convention on Aviation,
or customary international law);
(3) international humanitarian law or the law of armed
conflict;
(4) international human rights law;
(5) use of force/rules of engagement;
(6) targeting;
(7) detainees;
(8) use of specific weapons (for example, prohibition on the
use of anti-personnel mines, particularly in the context of
coalition or allied operations and the use of riot control
agents); and
(9) enforcement of the law (for example, investigations,
military justice anddiscipline) [p. 282]
___________"Legal Dimensions of Special Forces and Information
Operations", in Terry Gill and Dieter Fleck, eds., Handbook of the International Law of
Military Operations, Oxford/New York: Oxford University
Press, 2011, xxviii, 657 p., at pp. 395-414, ISBN13:
9780199545896; ISBN10: 0199545898; copy
at Université Laval, Bibliothèque des sciences humaines et sociales;
see also 2nd edition, 2015 as chapter 22, ISBN:
978-0-19-874462-7 and ebook ISBN: 978-0-19-106208-7;
__________"Many
thanks to outgoing JAG Major General Blaise Cathcart", image
source: https://www.google.com, accessed 24 July 2017
Image
Source: Google
Image, accessed 2 December 2014
MGen Blaise Cathcart (right) at the Halifax International Security
Forum, November 2014
___________"New Challenges in Canadian Military Law", Royal Canadian
Military Institute, 17 April 2013, 40:21 minutes, available at http://www.youtube.com/watch?v=jaZbYaaiWDw
(accessed on 28 March 2013);
----
__________on MGen Blaise Cathcart , see CTV News Video, "Power Play:
Canada's Top Soldier under gun", 28 May 2014, 8 minutes and 59
seconds; about scandal of sexual assaults in the CF revealed in the
Canadian magazines MacLeans and L'actualité;
available at http://www.ctvnews.ca/ctv-news-channel/video?clipId=371176&binId=1.810401&playlistPageNum=1
(accessed on 28 May 2014); new site at http://www.ctvnews.ca/video?clipId=371176
(accessed 23 Mau 2016); includes interviews of Lawson, Drapeau and
Cathcart; note that MGen Cathcart explains why he was late in
submitting his annual reports;
___________on CATHCART, Blaise, see Bell, Stewart and Andrew
Russell, "Government should be more open about targeting of Canadian
ISIS fighters, former JAG says", Global News, 3 July 2018, available
at , accessed 14 June 2019, available at https://globalnews.ca/news/4308746/more-open-about-targeting-jag-says/,
accessed 14 June 2020;
Image
source: www.google.com, image search (accessed 17 January 2016)
___________on CATHCART, Blaise, see CLÉROUX, Richard, "An
officer and a lawyer: Canada's judge advocate has a job comparable
to that of the attorney general of a mid-sized province", (October
2010) 34(10) Canadian Lawyer
Magazine 3;
His battlefield lawyers must be
blunt. "Talking to commanders, we say: 'This is the
law on that.
Got it?' And commanders, not the JAG, make the
decision," says Cathcart. Commanders can take
legal advice or leave it. Just like the boss in a
corporate boardroom. And if things go wrong, or
there's
comeback, the commander takes the rap, not the JAG lawyer.
About 80 percent of the JAG's work is giving
advice to officers. Another 10 percent is
administrative
law, and the rest is court martial, and military
discipline. The operational law is the exciting
part. "Eight
legal advisers in Afghanistan right now -- seven for us, one
for the Afghans," says Cathcart. "Rule of law
projects for them, use of force issues for us. We have
targeting issues," he says, "and sometimes civilians
are killed accidentaly."
Not exactly moot court.
--------
Description: Cleroux discusses the
work of a judge advocate general. Young Blaise Cathcart
was
expected to follow in the proud Cape Breton military
tradition of his father whose name he shares as
the family moved across the country on military bases. He
did follow his father, but he did it as a
lawyer, rising through military ranks on his legal skills.
Today he is Brig.-Gen. Blaise Cathcart,
judge advocate general of the CanadianForces. From his corner
office at National Defence
headquarters, Cathcart has a commanding view of the city
below He talks fast and clipped, and
has a sharp sense of humor. His answers are blunt. No time
for courtroom niceties around here.
Cathcart practices law on
behalf of a country caught up in the longest war in its
history. One
minute he's on the phone with legal advice for the
minister of National Defense, and the next
he's on the line with the chief of the defense staff. And
then another legal crisis in Afghanistan
or another general in trouble. Judge Advocate General
office lawyers are everywhere: Afghanistan,
Bosnia, Congo, Sudan, Haiti, on bases all across Canada;
there are Canadian military everywhere.
Consider the JAG a legal system that stretches around the
world. It has 158 full-time military lawyers,
53 reservist lawyers, four military judges, and lawyers on
contract as needed. Cathcart's job is
comparable to that of an attorney general in a mid-sized
province, except that he has to administer
two completely separate justice systems --military and
civilian -- and they often overlap around the
globe. (source: http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page &pag=nxt&pageNumberComingFrom=12&frbg=&indx=111&fn=search&dscnt=0&scp.scps=primo_central_multiple _fe&vid=01LOC&mode=Basic&ct=Next%20Page&srt=rank&tab=default_tab&dum=true&vl(freeText0)=%22Canadian% 20Forces%22%20law&dstmp=1471522512746,
accessed 18 August 2016);
___________on CATHCART, Blaise, see COVERT, Kim, "Standing
on guard for Canada's military", Sword and Scale,
December 2013– CBA National Military Law Section Newsletter;
available at http://www.cba.org/CBA/sections_military/newsletters2013/PrintHTML.aspx?DocId=53733
, accessed on 7 April 2014; about Maj.-Gen. Blaise Cathcart; "This
article was originally published in the Spring edition of CCCA
Magazine";
___________Testimony of MGen Blaise Cathcart, the Judge Advocate
General, Canadian Forces, on Bill C-15,An Act to amend the
National Defence Act and to make consequential amendments to
other Acts -- this Bill has the
Short Title:Strengthening Military Justice in the Defence of Canada Act:
-
before the House of Commons Standing Committee on National
Defence, meeting number 63, 4 February 2013, minutes
and evidence;
But again it's that
point: discipline. That's what separates the
military justice system from the civilian system.
It's discipline that requires the troops to pay
attention so that when they are in times of crisis,
in firefights in
the middle of Afghanistan, they are going to respond
to orders without questioning them. It's that habit
of
obedience that discipline really goes to form.
[source: www.ourcommons.ca/DocumentViewer/en/41-1/NDDN/meeting-63/evidence]
__________Testimony of MGen Blaise Cathcart, Judge Advocate
General, Canadian Forces, on Bill C-16, An Act to
amend the National Defence Act (military judges), before the
Standing Senate Committee on Legal and Constitutional Affairs, issue
number 6, 23 November 2011, minutes
and evidence;
Thank you for that question. I was
confused about the question and the response. If you're
talking about the annual reports that I'm responsible for
as Judge Advocate General, they are not with the minister.
Those are my reports. They are still being worked on.
They're close to completion. I take full responsibility
for not meeting the timeline as set out to do so on an
annual basis. I can go into great detail as to the reasons
why. The short answer is that there were many other equal
military justice priorities, not the least of which you're
familiar with, Mr. Harris, dealing with legislation such
as Bill C-15.
Image
source: CBC News
MGen Blaise Cathcart being interviewed outside the Standing
Committee of National Defence, 27 May 2014;
in the background on the right, Colonel Robert D. Delaney, Canadian
Forces Provost Marshal
____________Testimony/interview of MGen Blaise Cathcart outside the
House of Commons Standing Committee of National Defence, Ottawa, 27
April 2014 on the lateness of submitting his annual report;
see the 2nd video in the following article: CUDMORE, James,
"Canadian Forces brace for report on sexual misconduct in the
ranks", CBC News -- Politics, 28 April 2015, available at http://www.cbc.ca/news/politics/canadian-forces-brace-for-report-on-sexual-misconduct-in-the-ranks-1.3052154
(accessed 25 December 2015); see also the comments of journalist
Annah Thibodeau in the video;
[MGen Cathcart]
..because we are fully aware of what we were doing and again
it was a choice of a number of competiting priorities,
particularly
in the military justice system. As superintendent, I
am charged with the resources that I have to make sure that
we deal with those
ones first. Note only the government but Parliament
itself made those priorities [at 3.01 to 3.18/4:05]
[Research Note: in the same video, CBC Annah
Thibodeau made the following comments on the above statement
of MGen Cathcart:]
Annah Thibodeau
"So he [BGen Cathcart] says they are competiting
priorities, however, they are not following their own
rules because under the National Defence Act, those have to be tabled on a
yearly basis."
Photo
from The Globe and Mail, 7 October 1983 at p. 1
CATTANACH, Alexander (Alex) A., 1909-1997, was the
Jugde-advocate for the 1946 war crimes courts martial for war crimes
against RCAF members; on Cattanach, consult:
- From the Royal Heraldry Society of Canada:
The Hon. Angus A. Cattanach was born in Winnipeg
26 July 1909, died 18 July 1997. He earned his B.A.
from the University of Manitoba in 1929, his LL.B.
from the University of Saskatchewan in 1932 and was
called to the Bar of Saskatchewan in 1934.
He was appointed Queen's Counsel 1952, and also served in
WWII between 1940-1945 with RCAF with the rank
of Wing Commander. He later became an Assistant under the
Secretary of State, Department of Secretary of State
1961-62. He was appointed a judge of the Exchequer Court
of Canada 1962 and translated to the Federal Court of
Canada upon its creation in 1971. Cattanach retired from
office in 1984.
[source: http://www.heraldry.ca/content/bios/bio_cattanach.htm,
accessed 2 September 2018
- McDONALD, R. Arthur, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002 at p.
66, available at pp. i-xii
and 1-102;
In another case, this time in Regina, he [judge
Cattanach] asked counsel if they knew the exact height of
the McCallum
Building in Regina. Counsel were, understandably,
not sure. "I know", announced Cattanach, "and do you
know why
I know?" Counsel did not. "Because," he said,
"I was court martialled for flying it too low.
- Strauss, Marina, "Charter of Rights casts new role for
federal judges", The Globe and Mail, 7 October 1983,
at pages 1 and 5;
\
....
Pressing (and holding) the Ctrl
key and scrolling the wheel of the mouse
allows
to zoom in or out of the web page being viewed
[Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca,
accessed 4 November 2018 ProQuest Historical Newspapers]
The medical officer behind the warnings of soldiers'
toxic exposure in Croatia is alleging a set-up caused his
1995 court martial.
Dr. Eric Smith, who now lives in Elmsdale, Nova Scotia,
says the controversy over the peacekeepers' health rattled
Canada's military so badly, it struck back at him.
He was court martialled in the fall of 1995.
"I just felt like I was targeted and there was no way I
could defend myself," he said in an interview with CBC
News.
Smith was the military doctor who insisted the red dirt
used by Canadian peacekeepers in 1993 to fill sandbags in
Croatia was toxic. The military is investigating now,
but at the time it rejected the warning.
Smith's letter detailing the risk to soldiers' health was
removed from the soldiers' files.
Smith was transferred to CFB Goose Bay. In September,
1995, a military police officer came to see Smith, looking
for stress-related sick leave. Smith says he granted it
out of compassion. Later he bought the man's canoe
for $300.
The officer tells a different story. He says Smith asked
for - and received - the canoe in exchange for sick-leave
approval.
The family of a soldier who died of a drug
overdose hopes this week's fatality inquiry in Edmonton will
prevent future deaths.
....
By midday Tuesday, the family were huddled around a table
in a courtroom, surrounded by thick binders and a laptop.
On the other side of the courtroom, four
lawyers representing the Canadian Forces and a
first witness, took notes.
The witness, Dr. James Schimpf, who was Rogers's
physician at CFB Edmonton, took the stand.
The Canadian Armed Forces are warning
their personnel to be wary of associating with
groups on social media, including Quebec's largest and
most
prominent far-right group [La Meute].
"Being part of those movements is not something
that's a part of our values," said Col. Paul Fuller.
....
Under the Queen's Regulations and Orders personal
conduct section, members cannot be seen or heard by
members of the public doing anything that
could "reflect discredit on the Canadian Forces or on any
of its members."
Those who don't respect this fundamental rule can
face disciplinary measures, ranging from a first warning
to expulsion from the ranks, said Fuller.
-------- Image: ici.radio-canada.ca/nouvelle/411278/matchee-somalie,
accessed 16 November 2017
(CBC)
Matchee, right, with his victim Shidane
Arone
Charges of murder and torture have been withdrawn against
the former Canadian soldier accused 15 years ago of
mistreating and killing a
Somali teenager, the Department of National Defence said
Monday.
There is no possibility that Clayton Matchee, a
master corporal during Canada's peacekeeping mission in
the African country, would ever be
fit to stand trial, according to a military official.
The department also revealed that Matchee had been
released from a Saskatchewan psychiatric
hospital earlier this year.
"The decision to withdraw the charges in this case was based
on public interest considerations," Lt.-Col. Bruce
MacGregor, deputy director of
military prosecutions, told CBC News
CBC NEWS POLITICS, "Trudeau says case against suspended vice-admiral
will 'inevitably' to go court. RCMP suspect Norman leaked
cabinet secrets to a Quebec shipyard", Canadian Press, 2 February
2018, available at http://www.cbc.ca/news/politics/trudeau-norman-secrets-case-1.4516573
(accessed 3 February 2018);
For two long years, Rick Rogers has been on a
mission to get to the truth about his daughter's death. She
was a
27-year-old Lieutenant in the Canadian Armed Forces when she
took her own life. Now, Rick's search for answers
could end up changing the way the military investigates a
soldier's death. Today on The Doc Project, we hear
'A Question from the Military', by producers Gord Westmacott
and Steve Wadhams.
Vice-Admiral Lawrence Edward MURRAY
source:
www.navy-marine.forces.gc.ca/en/navy-life/history-commanders/25-murray.page,
accessed 11 July 2016
CBC-- THE NATIONAL, "Acting CDS almost cited for contempt", The National - CBC Television, 8
January 1997;
Image
source:
cbc.ca/news/canada/canadian-poisoned-by-fellow-soldiers-awarded-625-000-1.755496
Matt Stopford
CBC, The National, "The defence minister apologizes to Matt
Stopford", 1 June 2000, Canadian Broadcasting Corporation,
------ Image source:
law.utoronto.ca/faculty-staff/full-time-faculty/patrick-macklem,
accessed 20 April 2017
Robert Centa, image source: paliareroland.com/lawyers/details/robert-centa
Patrick Macklem
CENTER FOR STRATEGIC AND INTERNATIONAL STUDIES (CSIS), Cybersecurity and Cyberwarfare :
Preliminary Assessment of National Doctrine and Organization,
2011, 35 p.; available at http://www.unidir.org/pdf/ouvrages/pdf-1-92-9045-011-J-en.pdf
(accessed
on 7 July 2012);
Canada
Canada’s Cyber Security Strategy was issued in October 2010.27
The
Strategy focuses on securing both government and critical
infrastructure networks, as well as educating the Canadian public
about cyber threats. Public Safety Canada, the government agency
responsible for public safety and emergency preparedness, will
oversee the implementation of the Strategy.28 The
Strategy also addresses international engagement between the
Department of National Defence and allied militaries on
cyberdefence best practices.29 The Canadian
Security Intelligence Service lists information security threats
as one of its five priority areas.30
The Canadian army has an electronic warfare centre and a network
operation centre, both of which support military cyber
capabilities. The Canadian Forces Network Operation Centre is
under the Command of the Canadian Forces Information Operations
Group, and its mission is to “gain and maintain cyber
superiority”.31
....
------
27 Canada’s Cyber Security Strategy, Public Safety Canada, 2010.
28 “Government of Canada launches Canada’s cyber security
strategy” Public Safety Canada, 3 October 2010.
29 Canada’s Cyber Security Strategy, Public Safety Canada, 2010.
p. 29.
30 Our Priority Areas, Canadian Security Intelligence Service, 3
August 2011, <www.csis-scrs.gc.ca/prrts/indexeng.asp>.
31 “Canadian Forces Network Operations Center”, National Defence
and the Canadian Forces,
<www.img.forces.gc.ca/org/cfi-goi/cfnoc-corfc-eng.asp>. [at
p. 8]
CENTRES OF EXCELLENCE:
- Institute of International Relations,
University of British Columbia, Vancouver,BC -- at https://www.dal.ca/sites/cssd.html;
- Centre for Foreign Policy Studies, Dalhousie
University, Halifax, NS;
- Institut québécois des hautes études
internationales, Université Laval, PQ;
- Centre for International Relations, Queen’s
University, Kingston, ON;
- Centre for International and Security Studies, York
University, Toronto, ON;
- Research Group in International Security/ Groupe
d’étude et de recherche sur la sécurité internationale,
McGill University / Université de Montréal, Montréal,PQ;
- Centre for Security and Defence Studies, Carleton
University, Ottawa, ON;
- Centre for Defence and Security Studies, University
of Manitoba, Winnipeg, MB; at https://umanitoba.ca/centres/cdss/2188.html
- Laurier Centre for Military Strategic and
Disarmament Studies, Wilfrid Laurier University, Waterloo,
ON;
- Centre for Military and Strategic Studies,
University of Calgary, Calgary, AB;
- Military and Strategic Studies Program, University
of New Brunswick, Fredericton, NB;
- Centre d’études des politiques étrangères et de
securité, Université du Québec à Montréal, Montréal, PQ; at
http://www.ieim.uqam.ca/?lang=fr;
Ernest J. Chambers, image source: Google
Image--www.biographi.ca, accessed on 9 June 2014
CHAMBERS, Ernest J., 1862-1925, The Canadian militia: a history of the origin and
development of the force, Montreal : L. M. Fresco, [pref.
1907], 115 p., 31 cm.; accessed on http://www.archive.org/details/canadianmilitia00chamuoft
(accessed on 11 January 2012);
Source
of image: JAG Newsletter/Bulletin d'actualités, vol. 1,
jan-mars 2000, p. 5
Bruno Champagne (left)
with the JAG, BGen Jerry Pitzul
CHAMPAGNE, Bruno, testimony of Colonel Bruno Champagne, Deputy Judge
Advocate General/Chief of Staff., before the Standing Senate
Committee on Legal and Constitutional Affairs on Bill C-25, An
to amend the National Defence Act and to make consequential
amendments to other Acts, 36th Parl., 1 session, issue 38, 28
October 1998; see minutes
and evidence
(accessed 13 January 2016);
The Chairman: I wish to thank you very much for your
clear and concise presentation this afternoon.
Senators, our next witness is Colonel Bruno Champagne,
Deputy Judge Advocate General/Chief of Staff.
Colonel Champagne, a graduate of the University of Ottawa
law school, became a member of the Quebec
bar in 1970. He enrolled in the Canadian Forces in 1973.
During his military career, he served in various
legal officer positions in the office of the Judge Advocate
General in Winnipeg, Montreal, Ottawa and Germany.
Colonel Champagne served as a military judge from 1987 to
1991 and from 1994 to 1995. He has presided as
president or judge advocate at 114 courts martial. He was
promoted to his present rank in 1995.
Please proceed with your presentation, after which we will
have questions.
Colonel Bruno Champagne, Deputy Judge Advocate
General/Chief of Staff, Department of National Defence:
Thank you, Madam Chair. I have no specific opening
statement. General Pitzul and Colonel Weatherson have
appeared before you on this bill. General Pitzul, the Judge
Advocate General, has spoken and answered questions
in respect of the appointment of military judges. This bill
is attempting to bring the National Defence Act into
compliance with several cases.
I understand that one of the reasons I was asked to come
here today is that there are concerns about what it is
like to be a military judge and whether I have encountered
any pressure from the executive during my tenure as a judge.
I was originally appointed for one term, completed that
term, and returned to another military position. I wish to
elaborate on the question of "term" with regard to why the
bill was drafted in the way it was.
As in my case, if military judges are appointed early in
their careers, for instance, at approximately age 40, and if
they
are appointed until retirement age, they are barred from a
full military career with the possibility of advancement,
because
they cannot be promoted without leaving the bench.
In my case, if I had not come out of the "term" at the
time that I did in 1991, I could not have been promoted to
the
position of military judge because, at that time, we only
had one position, the position of Chief Military Judge. It
has
not changed since that time. Previous legal officers
appearing before the committee have alluded to why a "term"
is
considered to be appropriate within the system.
Military judges do not sit in a particular city or in a
permanent courtroom. We sit across the country. At one point
in
time, we sat in Germany and other countries. In fact, I have
conducted trials in Egypt, Cyprus, Germany, and England.
It is physically quite demanding with respect to travel. At
times you must work away from a law library. The conditions
are difficult when courts sit, for instance, in theatres of
operation, and you write decisions or prepare addresses for
general courts martial, which is basically preparing a jury
address. As an example, in Cyprus, where the temperature
is 35 degrees, some people may want stay for 15 years. This
is one of the reasons why a term of five years is included
in
the bill.
Basically, that is the extent of my presentation on that
issue. Because other people have spoken previously, I do not
wish
to repeat what has been said. If I can be of assistance to
the committee with respect to my experience, I would be
pleased to do so.
___________Notes on Bruno Champagne, available at (accessed 24
January 2016);
Colonel Bruno Champagne completed his secondary
school and university education in Montréal and Ottawa. He
graduated
with a Bachelor of Arts (B.A.) from the Université de
Montréal. In 1966, he attended Law School at the University of
Ottawa,
graduating in May 1969 with a Bachelor of Law degree (LL.B).
He became a member of the Québec Bar in 1970 and
practiced law in Montréal until he enrolled in the Canadian
Forces. Colonel Champagne joined the Office of the Judge
Advocate General in 1973, serving initially as Deputy Judge
Advocate at Training Command Headquarters, Winnipeg.
In 1975, he served with the newly formed Air Command,
Winnipeg, until promotion to Major in 1977 and appointment
as
Deputy Judge Advocate Lahr, Germany. He served with the
Senior Legal Advisor (Europe) until his promotion to
Lieutenant-Colonel in 1981. He was Acting Assistant Judge
Advocate General during his last year in Europe
In 1981, he assumed the duties of Director Finance,
Prosecutions, Defences and Appeals at National Defence
Headquarters,
Ottawa. In 1983, while serving in that appointment, he was
qualified as a Military Judge.
In July 1985, he assumed the appointment of Assistant
Judge Advocate General Eastern Region at Mobile Command
in St-Hubert, Québec. He also taught Civil Law and Law of
Armed Conflicts courses at Collège militaire royal de
Saint-Jean.
In July 1987, as a Military Judge, he was appointed
Assistant Chief Military Judge and subsequently as Deputy
Chief Military
Judge until 1990, when he was posted for a second tour of
duty to Mobile Command Headquarters. That posting took place
during the Oka Crisis and he became the Senior Legal Advisor
on the ground during that operation. He was also responsible
for the provision of legal advice to the Commander Mobile
Command during the ongoing aid to the civil power operation.
In 1991, he assumed the duties of Deputy Director Personnel
Legal Services at National Defence Headquarters, Ottawa,
until his appointment for the second time, as a Military
Judge in May 1994 by the Minister of National Defence. With
DPLS,
he was also the Deputy Coordinating Officer for the special
voting rules.
He was promoted to his present rank on January 1995, and
assumed the appointment of the newly formed division of
Deputy Judge Advocate General/Personnel. In 1996, he was
deployed to Uganda, Africa, as Senior Legal Advisor to the
multi-national humanitarian assistance operation.
In September 1998, as part of the restructuring of Office
of the JAG, he was appointed Deputy Judge Advocate
General/Chief
of Staff responsible for the management and administration
of the Office of the JAG and the provision of legal advice
in respect
of military justice and personnel legal issues. He was also
appointed by the MND as the coordinator for the purpose of
the
elections rules applicable to members of the CF.
___________on CHAMPAGNE, Colonel Bruno (Bruno R.), see McDONALD, R.
Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at pp. 106 and
175 available at 103-242;
In todays environment, operational
commanders must consider continuously the legal aspects
of warfighting.
IO also requires a close look at the law and its
relevancy in todays technological environment.
Because it was
developed long before information operations, Laws o f
Armed Conflict (LOAC) and other international laws
regarding the conduct of military campaigns are silent
as to which information attacks are legal. We must
consider for example other related laws such as the
special protection for international civil aviation,
international
banking, International Liability for Damage Caused by
Space Objects. We must also look at the violation
of a
nation neutrality by an attack launched from a neutral
country (Hague Convention V), and PSYOP broadcasts
from the sea which may constitute unauthorized
broadcasting (UN Convention on Law of the Sea).50
Charles Dunlap argues that article 51 of
the UN charter might be interpreted for application of
the international
law against offensive IO. Specifically, he
proposes that if economic damage caused by electronic
attacks is of
sufficient scale and scope, then the coercion equates to
an armed attack justifying an article 51 response.
IO can
also be under article 41 under measures not involving
the use of armed forces.
There are a number of legal aspects that
must be reviewed under international law and national
law. We need
to identify the status of cyberwarriors, their act and
the target. For instance, the law of war forbids
attacks on civilian
targets, but dual installations (civilian/military) are
permissible as long as the law of proportionality is
met. For
example, Lt Gen Micheal C. Short, NATOs Joint Force Air
Component Commander in the Balkans, had no doubt
that Milosevic had no compunction at all about putting
internal displaced persons inside valid military targets
51.
During the Kosovo campaign, a military lawyer from
the Judge Advocate Generals office assessed the targets
in
terms of the Geneva conventions governing the laws of
war. He would look at the factors of
justifiability,
proportionality, and collateral damage.52
Captain Hanseman provides excellent
insights on the legitimacy of offensive IO. He
suggests that the basic
principles of Law of Armed Conflict (LOAC) in the
context of Hague Law, which include military necessity,
proportionality and chivalry, addresses how new weapons
should be used. He does, however, reflect on the
dilemmas faced by this type of operations. How can we
make sure the military results of our attacks are
proportionate to the casualties and destruction they
cause? How will the prohibition against perfidy (false
surrender)
apply to psychological operations, or electronic
deception? As he suggests, the ultimate question, then,
is, "When
would an IW attack constitute a use of `armed
force?". He states that, at this point, the
concepts are too new and
the technical possibilities are evolving too quickly to
definitively categorise all information warfare attacks
and
to determine whether they constitute an armed
attack. Another dilemma is the connectivity
between military
and civilian systems, which renders difficult the
separation of the systems. Currently, he submits
that IW would
allow opponents to completely ignore the presence of
military assets when contemplating an attack on the
civilian sector. Military use of civilian networks
makes them legitimate targets under the rules of LOAC.53
I would like to reiterate the proposed
Russian theorists initiative for the creation of an
information
deterrence concept, similar to the nuclear one, to
alleviate the risks among nations of attacks on C4I
systems,
the use of computer viruses, and ability to affect the
psyche of another nation through information technology.
Hanseman also supports this initiative because he also
believes that the U.S. might not necessarily maintain
its information superiority.
The political and military leadership
must understand the implications of a lack of focus with
the legal
aspects of IO. As stated by Russian military
analysts, the lack of legislation may result in a wide
range of
responses. In addition, military planners need to
assess the principle of LOAC and the acceptable level of
risk of retaliation. The legal challenges
introduced by Dunlap and Hanseman highlight the
requirements
for the Canadian judge advocate personnel to address
these issues in the most urgent manner.
CHAMPION, Christian, "Canada's most opportunistic military recruit:
ignorance is no excuse as a Fort McMurray military doctor is
convicted of desertion", Alberta Report, 09/1996,
Volume 23, Issue 42, p. 10, ISSN 0225-0519;
Image
source: twitter.com/chandlerbryce?lang=en, accessed 29 June 2018
Bryce Chandler
CHANDLER, Bryce Alexander, member of the Law
Society of Ontario and member of the OJAG (reserves); (information
gathered 29 June 2018);
There's a new head of Human Resources at the Windsor
Police Service.
Bryce Chandler comes from the University of Windsor where
he worked in HR.
He's also a member of the Canadian Forces Reserve where
he's a Lieutenant Commander
in the Judge Advocate General's office.
Chandler is also the first lawyer hired to the Windsor
Police service and he'll have a dual
role as a result.
___________on CHANDLER, Bryce Alexander, Lieutenant (Navy) was
Assistant Judge Advocate General Central (Toronto), Co-counsel for
Corporal B.D. Cartwright in the case of Cartwright B.D. (Corporal),
R. v., 2014 CM 2015 (CanLII), <http://canlii.ca/t/gf64k>,
(accessed 8 April 2020);
CHANDLER, William Botsford, Report -- Commission to
investigate the treatment of soldiers' dependents on the S.S.
Scandinavian who arrived at Port of St. John on Jan. 10, 1919
, S.l. : s.n., 1920, [36] p. ; 28 cm..; research note: on
military spouses, military dependents etc.; Series: Canadian federal Royal Commission
reports ; 238; on microform, copy at University of
Ottawa, Library Annex, CA1 Z1 20C238a; available
at http://epe.lac-bac.gc.ca/100/200/301/pco-bcp/commissions-ef/chandler1920-eng/chandler1920-eng.pdf
(accessed 7 October 2016);
CHANG, Wei-Hsin, "The Construction of Canadian Military Justice and
the Inspiration of Defense Alliance", 軍法專刊 / The Military Law Journal,
2018-02-01, 64卷1期 (Vol.64, Issue 1), pp.19-42;
Description: 加拿大因擁有健全、公平、精銳的軍事司法系統而聞名。該系統已
成功密集運作至今,
特別是近十多年來軍事審判的活動頻繁,主要歸因於加拿大武裝部隊在阿富汗和全球區域的維
和部署。評斷一國治軍工具的機能性,必須要能通過軍事司法各種制度和時間的檢驗,而充分證
據顯示,加拿大軍事司法系統持續滿足加拿大武裝部隊的需求,並且恪遵加拿大憲法和人權價值,
以完善、和諧的方式不斷修正進步。不論如何,軍事司法系統的核心功能應專注在軍紀、效率和部
隊士氣的維持,以及指揮鏈在各個階段能發揮堅強有力的作用。為確保軍事司法系統的有效運行,
加拿大國防部組織置有獨立的偵查起訴、審判、辯護督導機關。對照美國軍事審判可能存在的缺
點和疑慮,加國的軍事審判幾乎更趨近普通刑事審判措施的對等平行。本文爰此深入分析,冀供
我未來軍事司法系統興革之參考。 Canada
has a sound, fair, and effective military
justice system. The system has operated successfully
throughout its existence, most recently through over a
decade of intense operational activity with
elements of the CAF deployed in Afghanistan and throughout
the world. This operational crucible
through which military
justice systems must all ultimately to be tested provides
clear evidence that
Canada's military justice
system continues to meet the needs of the CAF. Canada's Military Justice
System continues to evolve in harmony with the
requirements of the Canadian constitution and with
Canadian values generally. However, at its core, the
system remains one that is focused on contributing
to the maintenance of discipline,
efficiency, and morale of the CAF, and one that preserves
a strong
role for the chain of command at all appropriate
stages. In contrast of American courts-martial,
Canadian courts-martial are almost similar to the
ordinary criminal court's measures in parallel. This
paper, explor as the Canadian military system for our
reform reference in the future.
CHAPMAN, C.J., "CANZEX 96 Post Exchange Report: Flight Lieutenant
C.J. Chapman", (March-April 1997) 2 Office of the Judge Advocate General -- Newsletter
1-4 (article 2);
Image
source: https://twitter.com/krystelcarrier, accessed 3 June 2016
Krystel Chapman
CHAPMAN, Krystel, "The Unjustifiable Aspiration of the Canadian
Parliament to Vote on Military Missions" (January-February 2014)
74(1) RCMI The Journal of the Royal Canadian Military Institute
SITREP 3-5 and 16; available at http://www.rcmi.org/getmedia/8b119026-dbe1-4052-8329-601742e19ef2/14-1-Sitrep.aspx
(accessed 3 June 2016);
Henri Charbonneau
CHARBONNEAU, Henri, 1919-2000, travailla au cabinet du JAG comme
traducteur; fonds, P135, Centre de recherche en civilisation
canadienne-française, Université d'Ottawa;
Notes biographiques
Charbonneau, Henri. Militaire, traducteur et enseignant.
Edam (Saskatchewan), 16 décembre 1919 -
Montréal (Québec), 25 mars 2000. Fils de Louis
Charbonneau; petit-neveu de Mgr Joseph Charbonneau.
Université d'Ottawa, B.A.; B.Ph., 1938; L.Ph., 1939; M.A.
sciences sociales, 1940; Brevet
d'enseignement de première classe, 1941; Diplôme en
science politique, 1945-1948; scolarité de M.A.
langue et littérature française, 1957-1959. Diplômes de
traducteur agréé : Société des traducteurs du
Québec, 1972; Association des traducteurs et interprètes
de l'Ontario, 1980. Armée canadienne, 1943-1960.
Conseil des arts du Canada, Service des bourses,
directeur, 1960-1965. Loyola College, Evening Division,
directeur, 1965-1967. Université de Montréal : Service de
l'éducation permanente, responsable du certificat
de traduction, 1967; Faculté des lettres, adjoint au
doyen, 1968-1970. Ministère de l'Éducation du Québec,
Service des bourses de l'enseignement supérieur,
directeur, 1971-1972. Office de la langue française,
secrétaire administratif, 1972-1973.
Défense nationale du Canada, Bureau du juge-avocat
général, directeur de la section Ordonnances et règlements des
Forces canadiennes, 1973-1979. Professeur
de traduction :
Université de Montréal, 1969-1971; Université Laval,
1971-1973; Université d'Ottawa, 1975-1976. Retraite,
1979. Traducteur indépendant, 1973-1987. Source : Dossiers
administratifs CRCCF.
Source:
http://ceaac.umoncton.ca/ARCUM/Hebdo-Campus/collection/32-12.pdf,
détail, consulté 12 octobre 2018
Eric Charland
CHARLAND, Eric, avocat au Bureau de services juridiques des
pensions, district de Québec, Anciens combattants Canada et
ancien membre du JAG (juillet 2005-juin 2014) et voir une décision
récente du tribunal des anciens combattants (révision et appel) dans
laquelle Me Charland était le représentant du vétéran en appel, voir
Référence : 100002951826 (Re), 2017 CanLII 75423 (CA TACRA),
<http://canlii.ca/t/hn9d4>,
consulté le 14 Novembre 2017;
LCdr Darin Reeves, current secretary of the CBA
National Military Law Section, was recognized by
Defence Research and Development Canada, in November 2012,
with a Technical Cooperation Program
(TTCP) Achievement Award as part of the Force, Port and Area
Maritime Force Protection team
(MAR Group AG-10 team) for "excellence in the development and
use of analytical tools and models
for the evaluation and improvement of Maritime Force
Protection, Maritime Security, and Counter-Piracy
Operations against a range of asymmetric threats." LCdr Reeves
was the Legal Issues Team leader for the
Maritime Force Protection portion of the project. He oversaw
the contributions of legal advisors from
Australia, New Zealand, the United Kingdom, the United States,
and Canada. LCdr Reeves received
the award on behalf of the entire Canadian team, which also
included Major Dennis Pawlowski and LCdr Mike Madden.
___________Research Note: now Avocat-conseil at BSJP (district de
Québec) Anciens combattants Canada, since 2014, see
https://ca.linkedin.com/in/eric-charland-7792a95b (accessed 16
September 2016);
___________Testimony and video-still of CHARLAND, Éric, before
the Senate Standing Committee on National Security and
Defence, on Bill C-77, An Act to amend the
National Defence Act and to make related and consequential
amendments to other Acts, 27 May 2019, available at https://senvucloud.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2/20190527/-1/9143
(accessed 29 May 2019); Mr. Charland appeared as a Member,
Military Law Section (Canadian Bar Association);
___________ "Tindungan v. Canada:
Judicial assessment of the American court martial system in light of
Canadian and international norms of independence and impartiality
(Part 1 of 2)", (May 2013) Sword
and Scale; available at http://www.cba.org/CBA/sections_military/newsletters2013/tindungan.aspx
(accessed on 28 August 2013); FRANÇAIS: ___________"Tindungan c. Canada : Évaluation
judiciaire du système de cour martiale américain à la lumière des
normes canadiennes et internationales d’indépendance et
d’impartialité (Partie 1 de 2)", Salut militaire, mai 2013–
Bulletin de la Section nationale du droit militaire; disponible à http://www.cba.org/ABC/sections_military_f/newsletters2013/tindungan.aspx
(vérifié le 13 mai 2014);
My project explores war weariness in the First World
War, especially regarding the Canadian Corps.
The first section (legal, disciplinary, and medical
systems) looks at the army policies, structures,
and personnel in place to deal with morale, discipline,
endurance, motivation, and medical problems.
These structures served to 'measure' the problems facing
individual soldiers and units, and attempted
to address these issues before they became more
widespread and intractable. Policies were also
designed to mitigate emerging problems and to ensure
that sufficient troops were in the line and able
to perform their duties adequately. Unfortunately, these
systems were often insufficient to deal with
emerging problems, and thus the next section explores
how these problems played out for the Corps
in two periods: April-August 1917, and July-November
1918. These periods provide insight into the
contributing factors to the onset, development, and
negative consequences of individual and collective
war weariness, as well as mitigating factors that helped
offset it. These periods were also chosen to
highlight the comparative nature of this project,
whereby the Canadian experience was juxtaposed
with other armies on the Western Front, as well as with
Canadian forces over the course of the second
half of the war. Other armies were suffering 'wear and
tear' and indicating manifestations of incipient
breakdown, but the Canadians were able to carry on
without substantial reductions in fighting
effectiveness or large-scale indiscipline. The reasons
why the Corps was able to prevail despite the
emerging and collective war weariness will be explored
in this project.
---------
[Table of Contents for Chapter 2 and 3 of the thesis:]
___________Unwilling to Continue, Ordered to Advance: An
Examination of the Contributing Factors Toward, and Manifestations
of "War Weariness" in the Canadian Corps during the Hundred Days
Campaign of the First World War, a thesis submitted to
the faculty of Graduate Studies in partial fulfillment of the
requirement for degree of Master of Arts, Department of History,
Calgary, Alberta, September, 2013, v, ; available at http://theses.ucalgary.ca/bitstream/11023/951/2/ucalgary_2013_chase_jordan.pdf
and https://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=8244&context=etd
(accessed on 30 April 2014);
For instance, the surviving court martial records for the Canadian
Corps, important for assessments of discipline
and morale, are vast, unorganized, available only on microfilm
and beyond the scope of an MA thesis. (p. 15)
...
The traditional response of the High Command and Corps
leadership to insubordination was the administering
of a field general court martial.
Commanding officers in the field often used these courts
martial, or the threat
of them, to curb disciplinary problems such as drunkenness,
theft or acts of insubordination. In the view of the
Corps leadership, allowing such acts of insubordination or
indiscipline to continue would erode the authority
the officers and non commissioned officers had over their
subordinates. It must be understood that a precipitous
decline in morale was directly related to an increase in
disciplinary problems. This is evidenced by the fact that
after the German breakthrough in March of 1918 and the
resultant decline in morale and discipline, there was
an increase in drunkenness, looting and surrendering in the
British Expeditionary Force. (p. 87)
....
Appendix II
The Differences and Similarities between Post-Traumatic Stress
Disorder (PTSD or
shell shock) and ‘War
Weariness’ (see p. 140)
Irving Shipbuilding says e-mails by Vice-Admiral
Mark Norman that characterize the Halifax
company as “greedy and self-serving” and malign top
executives as the “four horsemen of the
apocalypse” are insulting, and show Ottawa did not seriously
consider its proposal for a
big-ticket navy ship that was awarded without competition to
Quebec’s Davie shipyard instead.
....
E-mail correspondence with Mr. Fraser suggests Vice-Adm.
Norman was critical of the four top
executives at Irving Shipbuilding. In one e-mail, the
admiral referred to them as the “four
horsemen of the apocalypse,” a derogatory reference to
malignant forces in the Bible: war,
pestilence, famine and death.
A decorated Canadian Forces
officer was hailed by a military prosecutor for his
“integrity and honour”
Wednesday even as he pleaded guilty to negligent
performance of duty.
Major Christopher Lunney, 42,
had to pause to compose himself several times as he told a
court martial
of his shock and remorse over the friendly-fire incident
in Afghanistan that took the life of Corporal Josh
Baker and wounded four others.
“I can offer no words of
regret or apology that will address their loss,” Major
Lunney said of the Baker family.
Major Lunney’s was the first
of three courts martial resulting from the February 2010
training incident at a range
northeast of Kandahar, when an explosive Claymore mine
packed with 700 steel balls raked a Canadian Forces
platoon.
The agreed statement of facts
entered with his guilty plea may hint at the defence that
will be mounted when two other
soldiers under Major Lunney’s command are tried on charges
of manslaughter in relation to Cpl. Baker’s death.
The court martial heard that
the reservists involved in the incident “had been
validated and declared operationally ready
for deployment” to Afghanistan, but that they had received
no training with the C19 explosive, also known as a
Claymore,
that killed Cpl. Baker.
The court martial also heard
that, unbeknownst to Major Lunney, the captain leading the
platoon training that day – who
has since been promoted to major – had no training or
qualifications on the C19, and had never used a Claymore
before that explosion.
Major Lunney’s negligence was in failing to ensure that
Capt. Darryl Watts was properly qualified, something the
major had assumed.
CHÉNIER, Pierre (Désiré Ernest Pierre; JDEP), 1945-2021, officier
membre du cabinet du JAG dans les années 1970; obtint le grade de
LCol; he was Dlaw/Int and also worked at DPLS; he married Andrée
Simone Allard, daughter of General Jean-Victor Allard, in Ste-Adèle
on 26 December 1970; marié en deuxième noce avec Rachel Kieffer,
1944-2019, bel esprit; il fut membre du Barreau du Québec et de la
Law Society of Ontario; a agit avec M.A. Bisal pour la Reine
dans la cause MacDonald v. The Queen, [1977] 2 S.C.R. 665, MacDonald
v. The Queen, 1976 CanLII 140 (SCC), [1977] 2 SCR 665, <http://canlii.ca/t/1mx53>;
___________sur CHÉNIER, Pierre, après avoir quitté les forces,
Pierre a été admis au Barreau de l'Ontario et a pratiqué au 355
Waverley Street, Ottawa, K2P 0W4;
Source de
l'image: http://www.cfc.forces.gc.ca/136/293-eng.html, Miloud,
visité le 28 janvier 2017
CHENNOUFI, Miloud, Hermeneutique du discours savant de la guerre,
thèse présentée à la Faculté des études supérieures en vue de
l'obtention du grade de Docteur en Science Politique --Université de
Montréal, 2008, [ix], 334 feuilles Comprend des réf.
bibliogr.disponible à http://www.collectionscanada.gc.ca/obj/thesescanada/vol2/002/NR47693.PDF
(vérifié le 28 janvier 2017);
Abstract This thesis is a hermeneutical interpretation of the
academic discourse of war accomplished through a
political philosophy perspective. It intends to
demonstrate that in the works belonging to
international relations theory, the academic discourse
of war rests on the idea that war is the ultimate
horizon of international relations. To consolidate this
idea, the academic discourse of war proceed through a
process that is characterized by a set of traits. The
first objective of this thesis is to highlight those
traits: theoricism, denial of the practice, the
legitimization by the reference to the classics, the
selective use of history, reflection based on extreme
cases and resigning thinking. A further aim of the
thesis is to show that the academic discourse of war is
not only a discourse on war, it is itself part of the
practice which assumes, in the political field, that
war represents the ultimate horizon of international
relations. To achieve these two objectives, a framework
for hermeneutical thinking has been articulated. The
concepts of realm of intelligibility, understanding
horizon and hermeneutical prejudices were forged. The
exercise focused on five fundamental authors in
international relations theory: Hans Morgenthau,
Kenneth Waltz, Robert Gilpin, John Mearsheimer and
Samuel Huntington. Some classical writers were also
studied: Thucydides, Thomas Hobbes, the Abbot of
Saint-Pierre and Jean-Jacques Rousseau. 'Keywords'.
Hermeneutics, Interpretation, International Relations,
War, Political Philosophy.
CHERTKOW, Mervin, 1929-2013, member of the OJAG, see obituary in Times
-- Colonist, Victoria, 18 June 2013;
CHERTKOW, Mervin Irwin May 8, 1929 - June 15, 2013
Merv was born in Drumheller, Alberta on May 8, 1929. He
was predeceased by his parents Israel and Leah Chertkow.
Survived by his loving wife Jean of sixty years, daughters
Soretta Sharples (Geoff), Georgia Toevs (Michael)
granddaughter
Emma Jean Toevs and son Ron, one sister and numerous
nephews, nieces and cousins. Merv was raised and educated
in
Saskatoon, graduating from the University of Saskatchewan
in 1949 with a B.A. Degree. He entered law school at
U.B.C.
in 1949 as a member of the R.C.A.F. University Reserve
Training Plan and graduated with an L.L.B in 1952. After
completing his obligation to the Air Force, and as a
commissioned officer in the Reserve, and trained in
military law he
was seconded to Germany to replace the unavailable JudgeAdvocate. He spent four months
involved in numerous
prosecutions including several District Courts Martials.
He returned to Vancouver in 1953 and continued his
association with
the RCAF Reserve as a Relief Intelligence Officer on the
weekends at the Jericho facility in Vancouver. He
subsequently
became a member of the G. Roy Long law firm in Vancouver
and in 1959 opened a branch office in Kamloops then went
on his own in general
practice with several partners over the years. Merv
practised law for 53 years restricting his practice
in 1980 as a full time arbitrator of labour/management
disputes when he joined Rudy Morelli to form Morelli
Chertkow.
Mr. Morelli became a full partner and Merv was an
Associate. His arbitration practice was widespread
throughout western
Canada and resulted in rendering over 1800 decisions.
Merv's interest in all aspects of film making culminated
in his
becoming a Governor of the National Film Board of Canada
from 1974 to 1984. He was President of the Arbitrators'
Association of B.C from 1989 to 1992. Merv was active in
both Federal and Provincial politics and was a member of
the
B.C Liberal party from 1969 to 1975 holding several
executive positions. He was campaign manager for Senator
Len
Marchand's successful return to Parliament in 1974. Merv
was also a 50 year member of the Kamloops Masonic Lodge
#10
and a long time member of the Kamloops Society for
Community Living. Merv will be remembered for his
intellect,
integrity, gentle nature, empathy, generosity of spirit
and kindness towards fellow humans and animals, especially
his beloved dogs.
[Source: ProQuest, Canadian Major Dailies,
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/,
accessed 5 November 2018]
Image source:
https://bccla.org/events/2015/04/drone-post-screening-discussion-with-carmen-cheung/,
accessed 22 August 2016
Carmen Cheung
CHEUNG, Carmen, "Accountability Now", British Columbia Civil
Liberties Association, 19 February 2015; available at https://bccla.org/page/6/?wpui-script=before%3Fwpui-script%3Dbefore
(accessed 22 August 2016);
Here is why integrated review is so important. Long-time
readers of these pages may remember that our National
Security Blog got its start covering the Afghan Public
Interest Hearings at the Military Police Complaints
Commission (MPCC). Like very many of Canada’s review
bodies, the MPCC has a narrow jurisdictional mandate; in
the same way that SIRC is only permitted to review the
activities of CSIS and the CSE Commissioner is only
permitted to review the activities of CSEC, the MPCC is
only permitted to review the activities of the Military
Police, the policing arm of the Canadian Forces.
What that meant for the Afghan Public Interest Hearings –
which were held in response to complaints brought by the
BCCLA and Amnesty International following Canadian
transfers of Afghan detainees to risk of torture – was
that the Commission could only consider the role of the
Military Police in detainee transfers. Any accountability
achieved through this procedure would be limited at best,
given that detainee transfer was an “all of government”
operation.
What do we mean by an “all of government” operation? For
example, detainee transfer policies were developed at the
Ministerial level in Ottawa. Detainees were captured by
members of the Canadian Forces. Afghan prison visits were
conducted by what was then known as the Department of
Foreign Affairs and International Trade (DFAIT). The
Military Police maintained the Canadian detention
facilities. The Correctional Service of Canada
provided expertise on prisoner handling. The Canadian
Forces commander in Afghanistan made each individual
decision to transfer. The Military Police
effected the actual transfer itself.
Post-transfer detainee tracking and monitoring was
conducted by DFAIT. (We’ve bolded the activities that
the MPCC was permitted to review.) The MPCC’s
jurisdictional limitation meant that the Commission had to
do its work with incomplete information, and that it could
not truly investigate (let alone draw any conclusions
concerning) anything beyond the Military Police’s limited
role in the affair. As you can see, this left a lot of
gaps in the accounting.
The document at issue is a five-page memo dated May 22,
2007 from the Judge Advocate General
(JAG), Brig.-Gen. Ken Watkin, and the distribution list
included then-chief of staff Gen. Rick Hillier
and Lt.-Gen. Michel Gauthier. According to the Star,
Watkin spelled out the obligations of the
military to prevent the abuse of transferred prisoners,
and to investigate allegations of abuse:
‘Military commanders who know, or are criminally
negligent in failing to know, that a
transferred detainee would be subejcted to such
abuse have the obligation to take all
necessary and reasonable measures within their
power to prevent or repress the
commission of such abuse. They may also be
subject to criminal liability for failing to submit
the matter to competent authorities for
investigation and prosecution,’ Watkin, the military’s
top lawyer, wrote.
CHIEF MILITARY JUDGE/JUGE MILITAIRE EN CHEF, Court Martial
Procedures, Guide for Participants and Members of the
Public/Procédures devant la Cour martiale, guide des participants
et du public, National Defence A-LG-007-000/AG-001; available
at http://www.jmc-cmj.forces.gc.ca/assets/CMJ_Internet/docs/en/gpcm-cmpg.pdf
(accessed on 27 April 2014);
CHIPMAN, William Wainwright, 30/01/1941-05/1945, Royal Canadian
Naval Volunteer Reserve (RCNVR) Officer, Assistant Judge
Advocate General, NSHQ (Ottawa), HMCS Bytown; see http://www.unithistories.com/officers/RCNVR_officers.html#A,
accessed 4 August 2018;
___________on CHIPMAN, W.W., see McDONALD, R. Arthur, (Ronald
Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office
of the Judge Advocate General, c2002, at p. 60, available at i-xii and 1-102;
___________on CHIPMAN, W.W., see
Jean-Jacques Lefebvre and Thérèse
Cromp at Revue du Barreau, 1958 at p. 304; research note:
not consulted but should have biographical notes; studied at
McGill University; ****
Image
source:www.bdplaw.com/paul-chiswell/, accessed 3 July 2017
Paul Chiswell
CHISWELL, Paul, "JAG Deploys at the Law School", Canons of Construction, posted
on 10 January 2010; available at http://www.canonsonline.com/2010/01/jag-deploys-at-the-law-school/
(accessed on 16 January 2012); about the visit to the Faculty of
Law, University of Alberta of BGen Ken Watkin, JAG, on 17
November 2009;
Image source:
, accessed 14 September 2016
Victor Choi
CHOI, Victor, "Why Trudeau Should Commit To Passing This Victims'
Rights Bill", The Huff Post Politics -- The Blog, 11/10/2015,
available at http://www.huffingtonpost.ca/victor-choi/victims-rights-in-the-military-justice-system-act_b_8510938.html
(accessed 14 September 2016); "Victor Choi is a
Principal at Choice Strategy. Former advisor to Canada's Defence
Minister";
------- Photo
source: TAYLOR, Scott, 1960- and Brian Nolan, Tested mettle :
Canada's peacekeepers at war, 1998 at p. 144.
Image source:
www.google.ca
Jean Chétien, Bosnia, 1994 with his helmet backwards
the Somalia Inquiry had simply taken on a
lucrative life of its own and developed into a nasty
intra-departmental fight.
So when it became obvious that the inquiry was having a
negative effect on the morale of the troops and leading
nowhere,
I closed it down. (p. 186)
[I am citing an extract from the book taken from HORN,
Bernd, and Bill Bentley, Forced to Change : crisis and
reform in
the Canadian Armed Forces / Colonel Bernd Horn
and Dr. Bill Bentley; foreword by Romeo Dallaire,
Toronto Dundurn Press,
2015, 167 p., at pp. 51 and 144, note5].
FREDERIC WESLEY CHRISTIE 1908 - 2007 Frederic
Wesley Christie passed away on August 12, 2007 at the Tuxedo
Villa Nursing Home.
He was born in Winnipeg on May 30, 1908 and was looking
forward to a 100th birthday celebration. He was predeceased
by his wife Marjorie
in October 2001 and by his parents Augustus J. Christie and
Ella J. Christie (nee Crooks). He was also predeceased by
his sister Dorothy,
brothers Donald and Ray and their spouses. Fred is survived
by his children John Christie (Joyce), James Christie
(Glenna) and Elizabeth
Christie; by his grandchildren Heather and Lynne Christie;
and his great-grandsons Brendan and Carson Domoney. He is
also survived by
several nephews, nieces and their families. Fred earned his
BA degree in 1928 and his LLB in 1932. He was called to the
Bar in October 1932.
He joined the Toronto General Trust Company in 1936. He
acted as a mortgage officer for a short period and then as a
trust officer, retiring in
1973 as a manager of the Trust Department. He immediately
joined Pitblado and Hoskin and worked on a part time basis
until finally retiring
in 1984. During the Second World War, on leave from the
Toronto General Trust, he served all three battalions of the
Royal Winnipeg Rifles
(Canada and Britain), at National Defense Headquarters in
Ottawa and as prosecutor Courts Martial in the Judge
Advocate General Branch
for Military District No. 10. ...
____________Captain Christie, F.W. was the prosecutor in the general
court martial referred to in the article: "Evidence Ended At Harvey
Trial By Court-Martial", The Globe and Mail, 29 March 1946,
at p. 10:
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ProQuest Historical Newspapers:
Source:
https://search-proquest-com.ezproxy.biblioottawalibrary.ca...,
The Globe and Mail, accessed 25 November 2018
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___________on CHRISTIE, Frederic Wesley, read about the "A.J.
Christie Prizes in Law for Advocacy"at University of Manitoba, see
Board of Governors, University of Manitoba, 22 June 2016, available
at https://umanitoba.ca/admin/governance/media/2016_06_22_BOG_Open_Agenda.pdf
(accessed 10 April 2020);
Pressing (and holding) the Ctrl
key and scrolling the wheel
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being viewed
___________on CHRISTIE, Frederic Wesley, see his photo in The
Winnipeg Tribune, 5 March 1946 at p. 5, available at
https://www.newspapers.com/image/...., accessed 25 June 2020;
CHRONOPOULOS, Capt., legal officer, member of the OJAG, reserve
force;
---
Donald A. Neill, CD, OMMM, Ph.D., source ca.linkedin.com/in/donald-a-neill-cd-ommm-ph-d-b658314b
(accessed 26 July 2017)
CHUKA, Neil, Donald A. Neill, A Research and Analysis Framework
for a Strategic-Level Lessons Learned Process, Defence R &
D Canada, Centre for Operational Research and Analysis, DRDC CORA TM
2011-210, December 2011, 74 p. (Sponsor: Canadian
ForcesWarfare Centre); note: TC= Technical Memorandum, available
at http://cradpdf.drdc-rddc.gc.ca/PDFS/unc161/p535955_A1b.pdf
(accessed 26 July 2017); see chapter 4 "The challenge of strategic
learning".
CHUKA, Neil (Neil Steve), 1973-, biographical note on Mr. Chuka,
taken from 7th International Lessons Learned Conference for
Practitioners and Policy Makers Sharing Lessons on the Conduct and
Design of Stability Operations, November 30-December 2, 2011,
National Defense University, Center for Complex Operations,
Institute for National Strategic Studies, at p. 24, available
at https://www.scribd.com/document/75149341/7th-International-Lessons-Learned-Conference-Program
(accessed 26 July 2017);
Neil
Chuka is a Strategic Analyst with Defence Research and
Development Canada’s Centre for Operational Research and
Analysis (DRDC
CORA) in Ottawa. His primary work has involved the
provision of research in support of land operations,
counterinsurgency, and information
operations
doctrine development and revision at both the Army and
Joint levels. Secondary streams
of research have beenin
support of Joint level force development.
Most recently his research has focused on supporting the
strategic level lessons learnedprocess on
behalf of the Canadian Forces Warfare Centre.
----------
John Chunn, the author,
source:
Jacqueline Boucher, image source: coxandpalmerlaw.com/en/home/lawyers/profile.aspx/jboucher
ca.linkedin.com/in/john-chunn-a2145b43,
accessed 7 December 2017
Cox & Palmer associate Jacqueline
Boucher has won the Young Lawyers Leadership
Award on
behalf of the Saint John Law Society.
In addition to her practice in the areas of family law and
estates litigation, Boucher has been a long
serving member of the Canadian Armed Forces in the Naval
Reserve. She holds the rank of Lieutenant
(Navy) with the Office of the Judge Advocate General (JAG)
and provides advice to the chain of
command in reserve units across New Brunswick.
Image
source: , accessed 2 March 2018
Evan Cinq-Mars
CINQ-MARS, Evan, Center for Civilians in Conflict, "Peacekeeping
Contributor Profile: Canada", last updated October 2017, available
at http://www.providingforpeacekeeping.org/2014/04/03/contributor-profile-canada-2/
(accessed 2 March 2018); note: "Providing for Peacekeeping" is "A
project of the International Peace Institute, the Elliott School at
George Washington University, and the Asia Pacific Centre for the
Responsibility to Protect at the University of Queensland";
Canada has not publicized any specific caveats or
restrictions in relation to its personnel contributions to
UN peace operations.
As mentioned above, Canada has endorsed the Kigali
Principles on the Protection of Civilians, which includes a
pledge not to
stipulate any caveats that may prevent its personnel from
robustly protecting civilians in peacekeeping operations.
The Minister
of Defence has reaffirmed
that protecting civilians, including by force if necessary,
will be central to any Canadian contribution
to UN peace operations.
"Civil law, military court", The Globe and Mail, 5 June
1972, at p. 6;
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CIVIL LIBERTIES ASSOCIATION OF TORONTO, Memorandum for the
members of the House of commons on democracy in wartime and
particularly on the defence of Canada and censorship regulations,
Toronto, Ont. : Trades council allied printing, 1940, 11 pages, OCLC
Number: 63039333;
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CLAIR, Norman Henry, former member of the OJAG, see Clair v. Clair,
2007 NSSC 313 (CanLII), <http://canlii.ca/t/1vgwb>;
in 1992, served with the JAG in Germany;
___________on CLAIR, Norman Henry, former member of the OJAG, see
photo with caption in Ponoka News, 11 November 2015, at p.
26, reproduced hereunder:
CLAMO (CENTER FOR LAW AND MILITARY OPERATIONS), The Judge Advocate
General’s Legal Center and School, United States Army, Virginia US),
notes on:
Established in 1988 at the
direction of the Secretary of the Army, the Center for Law
and Military Operations is a joint, interagency,
and multinational organization. Its members include
military lawyers from the Army, Navy, Marine Corps, and
Coast Guard. Lawyers from Canada, the Federal
Republic of Germany, and the United Kingdom also have been
an integral part of CLAMO.
The purpose of the Center for Law and Military Operations
is to collect, analyze, and disseminate legal lessons
learned.
This process builds an institutional memory for the Corps
to identify systemic issues and improve future legal
operations.
Collection is done primarily through interviews with legal
office personnel recently involved in overseas or domestic
military operations.
The Army’s Combat Training Centers also provide invaluable
feedback on emerging legal issues.
The Center for Law and Military Operations analyzes these
legal issues, and devises educational, training and
resource strategies for
addressing those issues. To disseminate this analysis,
CLAMO provides classroom instruction, answers queries from
the field, and
regularly updates publications and handbooks. For
example, the Domestic Operational Law Handbook is a
resource for Active Duty,
Reserve, and National Guard units assisting in operations
ranging from disaster relief to major event support. The
Rule of Law Handbook
is the premiere resource for Department of Defense
personnel engaged in Rule of Law strengthening missions
from large stability
operations to one-on-one engagement with foreign military
officers. These and other CLAMO publications help legal
practitioners identify
potential issues and disseminate best practices.
(source: http://www.loc.gov/rr/frd/Military_Law/pdf/AB_2014-2015.pdf,
accessed 22 December 2014)
Image source: rmc-e-veritas.herokuapp.com/caf-senior-staff-see-major-shuffle-importants-changements-de-personnel-a-letat-major-des-fac/,
accessed 3 July 2017
Scott Clancy
CLANCY, Scott, Lieutenant-Colonel, CD, “Rules of Engagement: An
Architecture for the Battlespace of Today” Master of Defence
Studies, Canadian Forces College. 2004; title noted at http://www.davidmlast.org/Students/Supervisions.html
(accessed 6 April 2017);
CLARK, Albert J. (John), 21 November 1922 --6 January 2015, former
JAG member:
Clark, Albert John CD, BA, BCL - Nov. 21, 1922 -
Jan. 6, 2015 - Albert John Clark passed away peacefully at
the Dr. Everett
Chalmers Hospital in Fredericton. He was a WWII veteran
having served as a signalman in the Navy. After the war, he
completed
his law degree at UNB Fredericton and then served for many
years in the Judge Advocate General Branch of the Canadian
Armed
Forces. After retiring from military service, he opened his
own law practice and provided legal advice to his clients
until he
retired in 1986. During his retirement years, he and his
wife, Frances, spent winters in Florida and summers at the
cottage on the
Kingston Peninsula.
[source: http://www.inmemoriam.ca/view-announcement-469488-albert-clark.html,
accessed 28 January 2018]
___________on Albert Clark and his son Dave, see Pritchett,
Jennifer, "The secret life of Dave Clark; War How a quiet engineer
from New Brunswick helped transform military communications - and
changed how Allied troops are fighting the war in Afghanistan", Telegraph
Journal, Saint John, N.B., 31 July 2010,
ROCHESTER, N.Y. - When Dave Clark was a curious and
slightly precocious two-year-old, he was so entranced
by the lights on a large Christmas tree that he quietly
wandered away from his parents at a party to wriggle
underneath the brightly decorated spruce.
Moments later, his parents, Albert and Frances Clark,
found the tiny tot tucked in behind the tree, fiddling with
the lights.
The year was 1951 and Albert Clark was a lawyer working
for the Canadian military's JudgeAdvocateGeneral
at National Defence Headquarters in Ottawa, where the couple
had just moved from Saint John with their young
son. The party was a Christmas get-together for the
legal officers, their wives and their children.
"It was obvious he was attracted by wires and things," his
father recalls with a chuckle more than 60 years later.
"He was fascinated with plugs and things."
The memory is both revealing and bittersweet.
Dave Clark was born in Saint John in 1949, the eldest of
two boys. He spent most of his childhood in Ottawa,
Kingston, Ont., Halifax and Fredericton. He completed both
bachelor's and master's degrees in electrical
engineering from the University of New Brunswick.
He would go on to become one of the world's foremost
experts in military network data communications.
Image source: , accessed on 10 November 2014
CLARK, Andrew, 1966-, A keen
soldier: the execution of second World War Private Harold
Pringle, Toronto: AA. Knopf, 2002, 342 p., ISBN:
067697354X; copy at Ottawa University, MRT General KE 7177
.P75 C53 2002;
"Harold Pringle was underage
when the Second World War broke out, eager to leave quiet Flinton,
Ontario, to serve by his father's side. But few
who volunteered to fight " the good fight" realized what horror
lay ahead; soon both young Harold and his father were cracking
under the strain.
His father was sent home, Harold Pringle found himself in Italy,
fighting on the bloody "Hitler Line." Shell-shocked, this broken
soldier embarked
on a tragic, final course: desertion, debauchery in the streets of
Rome, and a suspect accusation of murder. His appeal was reviewed
by the highest
levels of government, right up to Prime Minister King. But two
months after the official end of the war, Private Pringle was put
to death -- the only
soldier the Canadians had executed since the First World War. His
own countrymen carried out the orders, forbidden to go home before
completing
this last grotesque assignment. The Pringle file was closed and
stayed that way for fifty years." -- Dust jacket.
Photo of Angela Clark by Mike Mason, photographer
___________"The Afghanistan Veteran Project: Week of Remembrance: An
Account of War by Angela Clark", 9 November 2015, available at
http://mmasonphotography.com/blog/
(accessed 14 May 2016); Angela Clark is a legal officer with the
OJAG;
...there wasn't really a ton of doubt that Ottawa
would one day have to pay. That was especially true after
another Supreme Court ruling, Vancouver v. Ward, made it
clear that Canadians can claim damages when
the government violates their Charter rights, said Eugene
Meehan, a lawyer and former executive legal
officer of the Supreme Court.
....
One of the key aspects of its rulings regarding Mr. Khadr
was that he was an underage kid, so the Canadian
government couldn't just take part in interrogating him,
under duress, without access to counsel, and allow
the results to be used against him. That, the court found,
"offends the most basic Canadian standards."
....
"The failure to request his repatriation was part of the
Charter breach, and therefore part of the compensation,"
said Mr. Meehan.
The payout, in the end, is the penalty for being lax on the
rule of law.
----------------
Kathleen Clark,
see
Nino Lomjaria, see
www.researchgate.net/profile/Kathleen_Clark9/publications
/www.facebook.com/nino.lomjaria.1 (accessed 16 August 2016)
CLARK, Kathleen, Nino Lomjaria, "Limited Oversight: Legislative
Access to Intelligence Information in the United States and Canada",
(December 1, 2011). University of Washington School of Law Research
Paper No. 12-04-07. Available at SSRN: http://ssrn.com/abstract=2053455 or http://dx.doi.org/10.2139/ssrn.2053455 ;
Abstract:
In theory, legislatures can perform
critical oversight functions regarding all government
agencies, including intelligence agencies. But
governments have traditionally resisted giving
legislatures access to the information they would
need to provide effective oversight, and legislators
have largely acquiesced to the executive’s tight control
over intelligence information.
That was the situation in the United States up until the
mid-1970s, when news reports about the Central
Intelligence Agency’s illegal activities against U.S.
citizens led to the creation
of two ad hoc Congressional committees to
investigate those abuses and eventually to two permanent
committees of intelligence oversight. While the
Congressional committees do
not have access to all intelligence information,
Congressionally-created Inspectors General (IGs) in
intelligence agencies have greater access and can serve
indirectly as the eyes
and ears of Congress in those agencies.
The Canadian Parliament has not been energetic in its
oversight of the three main agencies that perform
intelligence functions. Parliamentary committees do not
have direct access to
intelligence information, and members of
Parliament have not had access to classified
information. On the other hand, Parliament did create
independent review bodies for each of these
intelligence agencies. Those review bodies have
access to classified intelligence information and have
been able to provide some oversight. The review bodies
report their findings to a
government minister, but their reports are
generally scrubbed of classified information before
being forwarded to Parliament. The oversight situation
in Canada may be changing as the
result of a recent scandal. Allegations regarding
the Canadian military’s treatment of Afghan detainees
led Parliament to create an ad hoc investigative
committee, and Parliament
ensured that this committee have access to
classified information. Canada’s experience with this ad
hoc parliamentary investigation of intelligence may lead
to a similar but permanent
approach.
----------
Canadian Forces College gates,
source:
Mary-Ellen Clark en.wikipedia.org/wiki/Canadian_Forces_College
Source:
canada.ca/en/department-national-defence/services/caf-jobs/life/gtkyf/profiles.html,
and look for year 2015 accessed 22 July 2018
CLARK, M.E. (Mary-Ellen), The
court martial of Lieutenant-Commander Dean Marsaw:
lessons on culture, leadership, and accountability for the CF,
Toronto: Canadian Forces College, 2007, viii, 106 p. (series;
Masters thesis (Canadian Forces College); JCSP/PCEMI 33-12),
available at http://wps.cfc.forces.gc.ca/papers/csc/csc33/mds/clark.pdf
(accessed on 17 July 2008); also available
at https://www.cfc.forces.gc.ca/259/290/293/286/clark.pdf
(accessed 3 September 2017);
- was the prosecutor in the Standing
Court Martial of R. v. Browlie 1988 CM 36,
Cornwallis, Nova Scotia, 7 July 1988,
source of information: MADSEN, C.M.V. (Chris
Mark Vedel), Military law and operations, Aurora
(Ontario): Canada Law Book, c2008-, vol. 3, at p. AP2:
1988-19 and 20;
-
was the assistant prosecutor the Standing Court Martial of
R. v. Merrich 1988 CM 8,
Halifax, Nova Scotia, 20 January 1988, source of
information: MADSEN, C.M.V. (Chris Mark Vedel), Military law and operations, Aurora (Ontario):
Canada Law Book, c2008-, vol.
3, at p.
AP2-1988-3; my handwritten notes spell the
Captain's name as CLARKE and not CLARKE; I assume I made a
mistake;
- was the prosecutor
at the Halifax court martial of master seaman Ryan
Buttar convicted of cruelty onboard a submarine, see
Kevin Cox, "Sailor
found guilty of
cruelty in 'joke' ", The Globe and Mail, 12 August
1988 at p. A-5;
Image
source: wagners.co/our-lawyers/Raymond-F-Wagner, accessed 24
November 2016
Raymond F. Wagner, counsel
"Class action lawsuit filed against Canadian Armed Forces in Nova
Scotia: If former armed forces member Glynis Rogers’ case proceeds
in Nova Scotia, the class could include any armed forces women who
claim similar treatment>, the star.com, 21 November 2016;
available at https://www.thestar.com/news/canada/2016/11/21/class-action-lawsuit-filed-against-canadian-armed-forces-in-nova-scotia.html
(accessed 24 November 2016);
HALIFAX — The Canadian Armed
Forces is rife with sexual misconduct and harassment of
women, according to a proposed class action lawsuit that
claims systemic gender- and sexual orientation-based
discrimination.
“Sexual misconduct and harassment
is a deep-rooted problem in Canadian military culture,”
Halifax-based lawyer Ray Wagner said Monday after filing a
statement of claim against Ottawa with the Nova Scotia
Supreme Court.
CLAXTON, Brooke, 1898-1960, Notes on military law and
discipline for Canadian soldiers, 3rd (rev.) ed., Montreal :
McGill University Contingent (148th Battalion, C.E.F.), C.O.T.C.,
1942, 58 p.; copy at Library and Archives Canada, Ottawa;
"Table of Contents [partial]:
Part I: What is Military law and where it is found...7;
II. Who is subject to military law and
what that means...11;
III. Offences...15;
IV. Arrest, Trial and
sentence...18;
V. Courts of Inquiry and
Boards...30;
VI. Aid to the Civil
Power...32;
VII. Relations with civil
law and Civil authority...35;
VIII. Discipline ...42;
Appendix...50";
___________sur le travail du ministre de la défense Brooke
Claxton pilotant un projet de loi au Parlement, on pourra lire:
D.N.C., "Le projet d'unification présenté hier au Sénat", Le
Nouvelliste, Trois-Rivières, mercredi 9 novembre 1949
aux pp. 1 et 25; disponible à http://collections.banq.qc.ca/ark:/52327/3249687,
consulté le 28 janvier 2019;
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___________speeches of Brooke Claxton, minister of National
Defence:
- on motion preceeding the first reading of Bill
No. 133, respecting National Defence, House of Commons, 21st
Parliament, 2nd Session, 18 April
1950, at pages 1681-1682: available at https://parl.canadiana.ca/view/oop.debates_HOC2102_02/649?r=0&s=1
(accessed 31 August 2020):
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CLAYTON, [Lester-H.], Captain, member of the OJAG, in 1939,
see McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's
Military Lawyers, Ottawa : Office of the Judge Advocate
General, c2002, at p. 46 available at i-xii and 1-102;
police magistrate in Ottawa and an officer in the militia;
___________sur CLAYTON, Lester H., et la cause du sergent H.-J.
Wood, voir les articles suivants:
Following a complaint, Dorothea Palmer was
arrested in Eastview on 14 September
1936 for distributing birth
control materials. She was charged under section 207
(c)
of the Criminal
Code, which held a maximum prison sentence of
two years. When
arrested, Palmer told the police: “A woman should be master
of her own body. She
should be the one to say if she wants to become a mother.”
....
Rex v. Palmer
Dorothea Palmer’s trial began in Eastview on 21 October
1936. During the trial,
Palmer used her maiden name because her husband
disapproved of her work.
She chose to have a trial by magistrate rather than by
jury. Originally charged on
three counts, the trial proceeded on only one: advertising birth
control.
The purpose of the trial was to determine Palmer’s
motivation in advertising birth
control. The Crown argued that the presence of a
price list in the birth
control kits was proof of commercial motivations. The
defence’s case rested
on proving that Palmer’s actions were for the public good,
largely because one
quarter of Eastview residents at this time during the Great
Depression were on welfare
and many already had large families.
Numerous expert witnesses were called for the case and 21
of the women whom
Palmer had visited in Eastview testified, with most
of them supporting her.
Religion was a central topic of the trial, with leaders of
various faiths being
called as expert witnesses. It also raised points about eugenics,
which was
closely linked with the birth control movement at that
time, and racism,
because
Eastview was predominately French Canadian. Other topics
included sex,
medicine, morality, economics,
sociology
and psychiatry.
The trial stretched over
six months, with closing arguments occurring in February
1937.
During the trial, Palmer had to report on bail every
week. As the case was heavily
publicized, she was subject to abuse and harassment. Her
husband and his family,
many of her friends, and her church disapproved of her
work, but Palmer felt that
she had the support of most of the Eastview community.
Verdict and Trial’s
Significance
On 17 March 1937, Magistrate Lester
Clayton ruled that Dorothea Palmer had
acted
in the public good when advertising birth
control, citing the social conditions of Eastview.
Magistrate Clayton dismissed the charge against her. The
Crown filed an appeal shortly
after, but it was dismissed.
Palmer’s trial was the first test of the public good
clause on birth
control work in Canada.
Palmer was the last person to be prosecuted for
advertising birth control in Canada.
Her victory acknowledged that women had the right to birth
control, although it would be
decades before the law caught up; birth control was not
legalized until 1969. Palmer’s case
resulted in greater public acceptance of the movement and
publicized the presence of social
workers as a resource for Canadians interested in
learning more about and accessing
birth control. In June 1937, just months after the
landmark ruling, the first public discussion
about birth control occurred in the Canadian medical
community.
[Research note on this case see:
- the appeal case Rex. v. Palmer (1937) 68 C.C.C.
20 (Ontario Court of Appeal)]
- photo about the Palmer case in the Globe and Mail,
Toronto, 9 December 1936 at p. 9 and
available at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/hnpglobeandmail/
docview/1353759532/fulltextPDF/C64B7C84EFB04597PQ/1?accountid=46526
(accessed 10 April 2020):
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
___________on Clayton, Lester, see photo hereunder that appeared
in the Globe (Globe and Mail), Toronto, 13 March
1930, at p. 13 available at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/hnpglobeandmail/docview/1354188523/fulltextPDF/C64B7C84EFB04597PQ/2?accountid=46526
(accessed 10 April 2020);
Lester Clayton, promotion University
of Toronto 1928, a Osgoode Hall Debater
___________on Clayton, Lester, see photo hereunder that appeared
in "Promoted", The Evening Citizen, Ottawa, Thursday, 9
January 1941 at p. 10; retrieved
from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2375450367?accountid=46526,
accessed 30 April 2020;
Pressing (and holding) the Ctrl
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CLÉMENT, Dominique, "The October Crisis of 1970: Human Rights
Abuses Under the War Measures Act", (Spring 2008) 42(2) Journal
of Canadian Studies -- Revue d'études canadiennes 160-186;
available at https://historyofrights.ca/wp-content/uploads/pubs/article_JCS.pdf
(accessed 18 October 2018);
Image
source: https://ca.linkedin.com, 11 January 2015
CLERIHUE, B.(Barbara), The Incorporation of Restorative
Justice in the Canadian Military Justice, [Toronto,
Ont.] : Canadian Forces College, 2013, iv, 114 p., master thesis,
Canadian Forces College, JCSP/PCEMI 39-07; JCSP/PCEMI 39 -
2012-13;
CONTENTS
Abstract – 1. Introduction – 2. Post-Charter evolution in
Canadian military law – 3. The social contract –
4. Law, justice and the social contract – 5. Crime,
deterrence and the social contract – 6. Social control
and the social contract – 7. Ethics and the social contract
– 8. Discipline and the social contract –
9. Military law and discipline – 10. Restorative justice and
the social contract – 11. Shaming and the
social contract – 12. Military restorative justice concerns
– 13. Conclusion.
SUMMARY
The absence of formalized diversion practices in the
Canadian Armed Forces is surprising, given the
justification for maintaining a military justice system
separate from civilian courts. The swift and
vigorous adjudication of offences, employing the summary
trial in particular, is viewed as the best
means of re-instilling strong unit discipline and good
morale: two key enablers of the operational
effectiveness of the Canadian Armed Forces. Two concerns
exist when using a service tribunal to
maintain discipline. First, discipline is a means of
maintaining social control within a community;
this control requires strong bonds between members and a
cultural value of following rules.
Punishment serves as a vehicle for the weakening of social
bonds or for ostracism at worst, or
merely quantifies the cost of committing an offense at best;
it also has questionable deterrent value.
Second, there is a precedent within units of the Canadian
Armed Forces for the use of diversion
processes to handle disciplinary matters when
problem-solving is deemed to be more effective for
resolution than an assessment of fault. The introduction of
a formalized restorative justice diversion
mechanism embedded within the military justice system may,
in some circumstances, better serve the
objectives of the summary trial process: to provide an
opportunity for personal reflection on the
importance of military values, and to enforce discipline. –
From the Author’s Abstract
(Source: http://ares.cfc.forces.gc.ca/rooms/portal/media-type/html/language/en/country/US/user/anon/page/Sirsi_AdvancedCatalogSearch)
CLICHE, J.H.G., lawyer, member of the JAG branch , army, circa
1948-1952; source The Canadian Army List;
CLICHE, Louis C., avocat à la retraite du Québec; année
d'inscription au Tableau de l'ordre du Barreau du Québec-- 1974;
dans un courriel en date du 11 avril 2020 à François Lareau,
monsieur Cliche a écrit:
[...] j’ai eu le plaisir de travailler au cabinet du JAG
comme étudiant et officier de
réserve au cours de l’été 1972.
Ce fut pour moi une expérience enrichissante.
J’ai de bons souvenirs du Major
Michel Crowe, du Major Brian Murphy ainsi que du Lt Col
Juste Letellier.
source of
image: npg.org.uk/collections/search/portrait/mw178845/Charles-Mathew-Clode?LinkID=mp100948&role=sit&rNo=0
Charles Mathew
Clode
accessed 12 September 2018
---------------- Image
source: JAG Newsletter, vol. 1, Jan-Feb 1998
Michael Joseph Cloney
LCol Michael J. Cloney, Camp
Gagetown,
Source of photo:
google.com,
1957
accessed 14 May 2016
CLONEY, the Honourable Mr. Justice Michael Joseph, LL.B., C.D.,
Obituary; 1912-2005; former JAG officer and military judge,
1947-1961, see https://www.ogs.on.ca/ogspi/2005/05clo001.htm
(accessed 13 December 2015); see also https://www.ogs.on.ca/ogspi/2005/05mas003.htm
(accessed 28 December 2015);
___________ Michael J. (Michael Joseph) Cloney, former
military judge with the Office of the Judge Advocate General,
biographical notes at https://www.ogs.on.ca/ogspi/2005/05clo001.htm
(accessed 27 December 2015):
the Honourable Mr. Justice Michael Joseph, LL.B., C.D.,
Retired Lieutenant Colonel (Assistant
Judge Advocate General) Retired Justice of the Ontario
Court of Justice (Criminal Division).
On Wednesday, September 14th, 2005, Michael died at
Oakville Trafalgar Memorial Hospital
in his 94th year. Beloved husband of the late Marie
Catherine McDERMOTT,
who predeceased
him in 1988; beloved father of Brian Michael CLONEY,
of Oakville, Ontario loving grandfather
of Deborah Lynn Cloney STRANG,
great-grandfather of Tyler and Cameron STRANG;
son of the
late Walter Patrick CLONEY
and Josephine Teresa GUERIN,
of Toronto, Ontario; brother of the
late Elizabeth Mary BEATON,
of Ottawa, Ontario, and Edmund Augustine CLONEY,
of Coral
Gables, Florida, and uncle of Edmund's daughter Irene WILSON,
of Middletown, Connecticut;
cousin of Catherine Cloney MITCHELL,
Stratford,▼Ontario.▼ Michael
was a 1930 graduate of
Saint Mary's Redemptorist College, Brockville, Ontario and
Osgoode Hall Law School, Toronto,
Ontario and called to the Ontario Bar in 1940.
Michael served as an infantry officer in the Canadian
Army (active) in 1942-47 in Canada, England and Italy
during the Second World War. From 1947-61
he was an officer of the Canadian Army (Regular), serving
as a Military Judge with the office of
the Judge Advocate General in Ottawa, Winnipeg, West
Germany (North Atlantic Treaty Organization)
and Oakville, Ontario. Michael retired in 1961 upon
assuming the office of Magistrate for Metropolitan
Toronto. In 1968, he became a Judge of the Ontario
Provincial Court (Criminal Division). He
occasionally substituted for other judges in Ontario
locations, but principally in the Greater Toronto
area. He retired in January, 1987. In 1961-77, he
was a Director of the Salvation Army House of
Concord, as well as the Santa Maria House in Toronto;
President of the Thomas More Lawyers Guild
of Toronto in 1972-73, when he brought His Excellency
Archbishop Fulton J. SHEEN
to Toronto to
address the Guild's Annual Dinner; Life member of the Law
Society of Upper Canada; Life member
of the Royal Canadian Military Institute; Life member of
The Ontario Judges Association. Funeral
services will be conducted at St. Andrew's Church on
Reynolds Street at King Street, in Oakville,
Ontario on September 17th at 10: 00 a.m.
Interment will take place in the Cloney Family Plot,à
Mount Hope Cemetery, Toronto, following the Mass of
Christian Burial. Friends may call at the
Ward Funeral Home on Friday September 16th from 2 p.m. to
4 p.m. and 8 p.m. to 10 p.m. Michael
request that instead of floral remembrances, donations to
the Covenant House in Toronto be made and would be
appreciated.
Image
source: (2006) 1 JAG Les
actualités -- Newsletter 15 Pressing (and holding) the Ctrl key and
scrolling the wheel
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viewed
Photo
source: The Globe and Mail, 18 October 2005 at p. S9 Pressing (and holding) the Ctrl key and
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viewed
___________on CLONEY, Lieutenant-ColonelMichael, see COOPER,
Carol, "Michael Cloney, Lawyer and Judge 1912-2005. Army
officer bound for the Italian front in 1944 instead found himself
representing a private charged with murder, the last Canadian
soldier to be executed by firing squad", Globe and Mail, 18 October 2005, at p. S9; with
the same title in (2006) 1 JAG
Les actualités -- Newsletter 14-15; available
at https://ontarioancestors.org/ogspi_pages/2005/05coo004.htm
(accessed 16 November 2017); in French, see COOPER, Carol,
"Michael Cloney, avocat et juge 1912-2005, le dernier soldat
canadien exécuté par un peleton d'exécution. Alors qu'il
était un jeune avocat militaire servant en Italie en 1944", (2006)
1 JAG Les actualit/s --
Newsletter 15-16; research note: also published in Globe
and Mail, 18 October 2005;
___________on CLONEY, see McDONALD, R. Arthur, (Ronald Arthur),
1948-, Canada's Military Lawyers, Ottawa : Office of the
Judge Advocate General, c2002, at pp. 115 and 209 available
at 103-242;
Photo par David Chan pour The
Lawyers Weekly
___________Photo de Jean-Bruno Cloutier (à droite) avec Mark
Létourneau reproduite de l'article de SCHMITZ, Cristin, "Military
defence Charter thrust parried in Supreme Court ruling: Decision
casts wide net for prosecution of Canadian Armed Forces
members", The Lawyers Weekly, 4 December 2015; available
at http://www.lawyersweekly.ca/articles/2567
(accessed 1 December 2015);
___________"The Use of section 129 of the National Defence Act
within the Canadian Military Justice System", (2004) 1 Les
actualités JAG Newsletter 17-20; executive summary in
English of the author's thesis: L'utilisation de l'article 129
de la Loi sur la défense nationale dans le système de justice
militaire canadien, LL.M thesis, Ottawa University, 2003,
128 leaves;
CLUTE, Brent, is a JAG legal officer, see
https://ca.linkedin.com/in/brent-clute-0858191b, accessed 23 July
2017; research note: it is my understanding that Mr. Clute is the
Director, Military Law Centre (information as of 4 August 2017);
___________biographical notes from
http://alumnius.net/university_of_ottawa-859-year-2017 (accessed
12 October 2017);
Education: University of Ottawa2014
– 2017
Master of Laws (LL.M.) part-time, IHL and National Security
University of Calgary
Bachelor of Arts (B.A.), Russian, Central European, East
European and Eurasian Studies
Experience: Office of the Judge Advocate GeneralJuly
2015 – Present Office of the Judge Advocate GeneralJuly
2014 – Present Joint Command and Staff ProgramAugust
2013 – June 2014 Canadian Special Operations Forces
CommandAugust 2011 –
August 2013 Department of Foreign Affairs and
International TradeJanuary
2010 – July 2011 NATO Training Mission AfghanistanMay
2009 – December 2009 Office of the Judge Advocate GeneralSeptember
1997 – April 2009
____________biographical from
https://cdp-hrc.uottawa.ca/sites/cdp-hrc.uottawa.ca/files/contributors_ihl2018.pdf
Contributors / Intervenants Summer School on International Humanitarian Law
2018/ École d’été sur le droit international humanitaire LCol Brent Clute
LCol Brent Clute was born in Winnipeg Manitoba and is a
member of the Alberta Bar.
He obtained his law degree in 1993 from the University of
Alberta and worked at a law
firm in Yellowknife, NWT for four years before joining the
Canadian Armed Forces (CAF)
in 1997. He is currently the Director of the
Canadian Forces Military Law Centre located
in Kingston Ontario.
He has been posted to Gagetown, Toronto and to several
positions in Ottawa. He has deployed
overseas to Bosnia and Herzegovina, the Arabian Gulf and
Afghanistan. In Afghanistan he
received the US Meritorious Service Medal for his work
with the Afghan National Army (ANA)
Judge Advocate General in helping him and his staff
develop the ANA standing use of force
directive that incorporated essential International
Humanitarian Law and International Human
Rights Law norms.
Upon returning from Afghanistan, in 2009 he was the first
CAF Legal Officer to participate in an
exchange with the Global Affairs Canada (GAC) Legal Bureau
where he dealt with nuclear non‐
proliferation, economic sanctions, and air and space law
including participating in treaty negotiations
in Rome as the GAC representative. His team at GAC
was awarded the Deputy Ministers’ Award
for their work on economic sanctions. He also
received the JAG Commendation for his work on
a national security file.
Following his time at GAC, he was posted in 2011 as the
senior legal advisor to Canadian
Special Operations Forces Command. After two years
he needed a break so he attended the
Canadian Forces College in Toronto for the Joint Command
and Staff Program. In 2014 he
received his Masters of Defence Studies and was awarded
the Brigadier George Bell Medal
for his paper analyzing the legal and policy basis for CAF
interdictions of narcotics and
stateless vessels on the high seas.
Because of the inherent link between naval operations and
military justice, he went from
CFC to the Office of the JAG Military Justice Division to
work on a special project addressing
specific provisions of the National Defence Act.
Following this year long project he was
posted in 2015 to Germany as Assistant Judge Advocate
General (Europe) wherein his
office provided advice to CAF members and units throughout
Europe. He also had the
opportunity to drive his car really fast and take his dog
to the office and to a lot of restaurants
___________on Clute, Brent, see photo and text:
Major Brent Clute with his award! Félicitations!
"Academic Honours and Awards June 2014 Brigadier-General
George Bell Medal
Every year, the Canadian Forces College awards the
Brigadier-General George Bell
Medal in recognition of commitment and excellence in
military writing as displayed
by a student on the Joint Command and Staff Programme.
Past Winners Year/Programme/
Winner 2014 JCSP 40 Maj Brent Clute"
COBB, Chris, "Independence hard for military police: Langridge
inquiry hears officers are often conflicted in their roles", The Ottawa Citizen,
Wednesday, 10 October 2012 at p. A3; research note: Professor
Roach testifies before the Military Police Complaints
Commission in the Langridge inquiry; the Commission should
have a transcript of these proceedings;
COBUS, Anthony Edward, Wing Commander A.E. (Tony),
1910-1964, was with the OJAG in 1952-53, see McDONALD, R.
Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at pp. 85
and 87 available at i-xii and 1-102;
probably LL.L. 1948, U.B.C.; in 1949, practiced law with Campbell,
Brazier, Fisher and McMaster in Vancouver;
__________on COBUS, Anthony Edward, see entry in Unit Historical
Report, 2 (Fighter Wing), RCAF Station Grostenquin, France, 1
January 1953 to 31 May 1953, and available at http://www.c-and-e-museum.org/grostenquin/other/gtother-175.html
(accessed 12 April 2020);
26 Mar 53
S/L A Cobus, AJAG, Air Division HQ
also reported this Unit and discussed
legal matters concerning Boards of Inquiry, submissions,
R160’s and other
allied matters connected with his Branch.
___________on COBUS, Anthony Edward, see his photo hereunder that
appeared in Totem 1948, published annually by the Students
of the University of British Columbia, Vancouver at p. 279
and available at http://www.library.ubc.ca/archives/pdfs/yearbooks/1948_totem.pdf
(accessed on 12 April 2020);
Cobus, Anthony E., Vancouver
COCHRAN, Andrew William, Esquire, deputy judge advocate general,
acting, British army staff, November 1814, see L. Homfray
Irving, Canadian Military Institute, Officers of the British
forces in Canada during the war of 1812-15, [Place of
publication not identified] : Welland Tribune Print, 1908, ix, 309
pages; 22 cm, at pages 19-20, available at https://archive.org/details/officersbrit00irvirich,
accessed 2 June 2020;
___________on COCHRAN, Andrew William, see Goldring, Philip,
"COCHRAN, ANDREW WILLIAM", Dictionary of Canadian Biography,
vol. 7, University of Toronto/Université Laval, 1988, available at
http://www.biographi.ca/en/bio/cochran_andrew_william_7E.html,
accessed 3 June 2020;
COCHRAN,
ANDREW WILLIAM, lawyer, office holder, militia
officer, politician, jp,
and judge; b.c.1793 in Windsor, N.S., son of William
Cochran* and
Rebecca Cuppaidge;
d. 11 July 1849 in Sillery, Lower Canada.
The
precocious son of an Anglican cleric, Andrew William
Cochran grew up in a family
of modest financial means but of rich intellectual
resources; his father was the first president
of King’s College, Windsor. After classical studies there
Cochran went into law, and in 1810
a report that he and Charles Rufus Fairbanks
had compiled on a sensational trial for murder
and piracy was published in Halifax by James Bagnall*. Cochran’s talents in law and
languages
brought him to the attention of Lieutenant Governor
Sir George Prevost*, who, after his
appointment as governor of Lower Canada in 1811, promised
Cochran a position in the colony.
Cochran was only 19 or 20 when he arrived at Quebec and,
in June 1812, was appointed an
assistant in the Civil Secretary’s Office. The following
April he was promoted assistant civil
secretary.
Shortly
after his arrival. Cochran was commissioned an ensign in
the militia; he was appointed deputy judge advocate on the militia
staff in July 1813 and in
November 1814 he became acting deputy judge advocate on the army
staff. Meanwhile, about April 1814, he had been named
clerk of the Prerogative Court, a position he would hold
until it was merged with the civil
secretaryship in 1827.
In loving memory of E. ROY COCHRANE, husband and father,
who passed away in Lethbridge on August 10, 2007. Roy was
born in Colchester, Nova Scotia, May 14, 1923. He
served in Canada's Air Force during World War II with the
409th Squadron.
From 1952, he served in the regular Army's Judge Advocate
General Branch and retired as Major in 1960. Roy obtained
his LLB
from Halifax's Dalhousie University in 1951 after
completing undergrad studies at Mount Allison University
in New Brunswick.
Roy met his beautiful wife June Gallon, a flight nurse
with the Royal Canadian Air Force, while they were both
stationed in Cold
Lake, AB. In 1960 Roy and June went on an adventure to
California, and settled in San Francisco until 1963. Back
in Canada,
Roy practiced law in Lacombe and Camrose, Alberta and Fort
St. John and Chetwynd, BC. He helped countless people in
their
times of difficulty, was generous, humble and always
enjoyed a good joke. He was an inspiration to all of us.
Roy will be sadly
missed by June, daughter Susie, son Rob and dog Tony.
There will be no service at the request of the family.
[https://necrocanada.com/deces/roy-cochrane/#.WeZLKXZryUk,
accessed 17 October 2017 and 12 January 2019]
___________Obituaries -- Cochrane, The Lethbridge Herald,
11 August 2007, at p. D1, available at (accessed 12 January 2019);
Pressing (and holding) the Ctrl
key and scrolling the wheel
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___________on COCHRANE, E. Roy (Edward Roy), Major, of the AJAG
office, Western Command Headquarters, Edmonton, was the prosecutor
in the General Court Martial referred to in the article: "Air
Force Officers Face Court Martial",Calgary Herald,
Saturday, 29 August 1959 at p. 17, available at , accessed 19 May
2020; the Judge Advocate was Commander H.G. Oliver, RCN of the
OJAG; Maj Cochrane was assisted by Flight Lieutenant T.R. Kelly,
also of the AJAG office, Western Command Headquarters;
Lawyers were not immune from the discrimination either.
In 1974, 17-year-old Michael Fox joined the army reserve
then served a year as a UN peacekeeper. “I suspected I was
gay, but at that age and in that time, I thought that
since
it had only recently been decriminalized and was still
contrary to military law, it was utterly immoral and I
vowed
to remain celibate,” he recalls. As he completed more of
his education and began naval officer training, Fox
realized
it would be impossible to keep this vow of celibacy even
though “my attitude then, and still is, that the best
antidote
to prejudice is to be out and quietly competent.
Unfortunately, being out was not an option back then.” He
saw the
SIU conduct anti-gay operations in Halifax, arresting and
discharging sailors. “I always awaited arrest and
expulsion
with certain humiliation, even if not disgrace,” says Fox.
Resolving to fight such polices, he went to law school.
Soon after graduating, Fox says, he basically came out to
his
commanding officer. He’d also applied for and was offered
a job in the Judge Advocate General’s office. But the
bottom fell out when he received a call that his superior
officer had told the JAG he was gay and would therefore be
investigated. “I had no real choice but to resign from the
reserve and withdraw my application.” Fox went on to have
a meaningful and lengthy career as a Crown attorney in
Hamilton, Ont., where he still works. Yet, even after all
this
time, he finds those events tremendously difficult to
discuss.
____________"Going up against the military: a civilian defence
counsel's view",Canadian
Lawyer, Feb 2001, Vol.25(2), p.. 36, ISSN: 07032129;
title noted in my research but article not consulted yet (10
August 2019);
___________ "Off on a New JAG - The tragic events that occured
during the Armed Forces mission to Somalia in March 1993 led to a
judicial inquiry and eventually wholesale changes in the system of
military justice, which hadn't had an overhaul since the
1950s. That has also meant big reforms in the Judge Advocate
General's office, where Canada's military lawyers practice in a
specialized role, but one that's now fairer, more Charter-obedient
and less fraugh with conflict than ever before", (February 2001)
25(2) Canadian Lawyer 32-36; included in those pages are
two short articles, "Portrait of a JAG Lawyer" at p. 35 and "Going
up Against the Military: A Civilian Defence Counsel's View" at p.
36; ****; the SCC library has one number PER 2001 V. 25; see web
site https://www.canadianlawyermag.com/
and to subscribe Please call 1-800-387-5164; thomson reuters; Canadian Lawyer and its
sister publications Canadian
Lawyer InHouse, Canadian
Lawyer 4Students, and Law
Times have been bought by Carswell, a Thomson Reuters
business headquartered in Toronto;
Launched in 1977, Canadian Lawyer delivers
unbiased reporting and analysis of the legal
landscape from coast to coast and across all areas of
practice. Focused on both the practice
and the profession, Canadian Lawyer
delivers award-winning editorial content that informs,
inspires and occasionally inflames the lawyers, corporate
counsel, judges, law professors,
and students-at-law who consider it a "must-read." It is
published in print and digitally
11 times a year. www.canadianlawyermag.com
Stanley Cohen
COHEN, Stanley, former Senior Counsel with the Department of
Justice Canada and secretary of the Commission of Inquiry into the
Deployment of Canadian Forces to Somalia between 1995 and 1997,
see full biographical notes at http://munkschool.utoronto.ca/gjl/profile/cohen-stanley/
(accessed 3 September 2017);
Chris Coleman, left, with Andrew Stewart, Victoria's Inner
Harbour, photo by Vince Klassen
COLEMAN, Chris, lawyer and legal officer with the OJAG at CFB
Esquimalt, on, see the article by James Grove and
photography by Vince Klassen, "Jack of All Trades and Master
Mentor", Business Class, UVIC Business Alumni
Magazine, University of Victoria, Spring 2005, at pages 14-16 and
available at https://www.uvic.ca/gustavson/assets/docs/alumni-business-class/2005%20spring.pdf
(accessed 22 April 2020);
[at p. 16]
COLEMAN, Ron, LL.B., Queen's University, former legal officer
with the OJAG, see "Ron Coleman CD, BA, LL.B Member- Canadian
Association of Workplace Investigators Licensed Ontario Private
Investigator", available at http://pfcontracts.com/about/
(accessed 22 August 2020);
My Background
With over 20 years of commercial experience in the
Ottawa aerospace and hi-tech sectors,
I bring depth of knowledge, integrity, and practical
commercial and legal skills to my
workplace investigations practice. But this was not my
first career path. Previously I
completed a career in the Canadian Forces, first serving
as a Search and Rescue Pilot
with operational tours of duty covering Western,
Northern and Atlantic Canada, and
then as a Legal Officer for personnel matters with the
Canadian Forces Judge Advocate
General (JAG). I retired from the Canadian Forces with
the rank of Major.
More recently I held the position of Corporate Counsel
at a rapidly growing Ottawa
aerospace technology firm, EMS Technologies Canada.
While at EMS, amongst other
responsibilities I was the corporate HR liaison with
outside legal counsel on matters
relating to personnel conduct, ethical compliance, and
employment law. I have an
extensive background in personnel-related workplace
investigations, including
interviewing, incident reconstruction, and evidence
collection and analysis. I apply
this practical experience, along with my legal writing
skills, to provide clients with
thorough, impartial, and legally supportable third-party
workplace investigations
covering a wide range of potential workplace misconduct.
I have a Canadian PWGSC
security clearance.
COLLENETTE, David, Minister of National Defence, see:
- BRYDEN, Joan, "[Defence Minister David Collenette says
Canada's tarnished...]", CanWest
News, Aug 1, 1996, p.1:
Description:
Defence Minister
[David Collenette] said Thursday he believes the system
needs to be changed, starting with a thorough review by a
parliamentary committee. Scott
Taylor, publisher of Esprit de Corps magazine and one of the
fiercest critics of the system,
said reform of the military's brand of justice is long overdue. He
suggested Collenette has
finally agreed to a review only because the abuse of the
system has become too evident to
ignore. What's it mean: Collenette is responding to mounting
evidence from the Somalia
scandal that the militaryjustice system is neither
independent nor impartial and is ill-equipped
to handle serious criminal cases;
- a few caricatures on Minister Collenette in connection with
the Somalia affair:
In January 1946 he began studies at the University of
Saskatchewan in Saskatoon and graduated with a law degree
in the spring of 1949.
He articled in Victoria, B.C., where he met his future
wife (Pat Joiner) and in 1950, a very exciting year for
Duke, married Pat and was also called to the bar in B.C.
Following his call to the bar, Duke and Pat moved to
Terrace, B.C. where he began practising law in his own
firm. It was in Terrace that
Duke and Pat celebrated the birth of their first child,
Kelly Stanley on June 13, 1952. The family lived in
Terrace until 1953 when Duke
accepted a position as Legal Officer for the Judge
Advocate Branch of the Canadian Armed Forces and moved by
himself to Ottawa
(Pat and Kelly remained in Terrace). In January 1954, Duke
was transferred to Europe where he served as a member of
the
Prosecuting/Defending team for the Canadian armed forces,
and on April 17, 1954 they celebrated the birth of their
second child, Darrall
William (Bill) who was also born in Terrace. In 1955 Pat
and the boys joined Duke in Germany and in October 1957
they transferred back
to Ottawa. Duke continued to serve in the Office of the
Judge Advocate General until the spring of 1958 when he
ceased to be a member
of the Military upon being appointed the Legal Advisor for
the Yukon Territory.
COLLINS, Linda, Retirement, see (Marc-April 1998) 2 JAG
Newsletter -- Bulletin d'actualités 2-3; former JAG officer
for 7 years; served in Ottawa and Germany joined Industry Canada
circa 1998;
COLLINS, Sara, military lawyer and officer with the OJAG;
____________on COLLINS, Sara: was the defending
officer in the case of deJong
D.D. (Lieutenant (N)), R. v., 2014 CM 2008 (CanLII), <http://canlii.ca/t/g7cq0>;
on this case, see this bibliography under the letter "D" and look
under "DE JONG, Derek, Lt(N)";
A sailor in the Royal Canadian Navy
says she’s fighting two battles right
now — one against breast cancer and another against
the navy — over a
disputed sick day last year.
....
Deyoung won’t discuss the details of the
case and what happened during her
time off, on the advice of her lawyer Maj. Sarah
Collins. Deyoung said she won’t
consider a settlement.
"In my mind I am completely not guilty. That's
why I chose a court martial. I
didn't want to be tried in a summary trial because
it feels that you're guilty walking in."
CBC News contacted the military for comment. They
offered no other comment than
to confirm that Deyoung’s court martial is going
ahead on Tuesday.
-
"Able Seaman Carol Anne Deyoung was charged with disobeying a
lawful command and absence without leave after she felt
a lump in her
breast and called in sick. The member of the Royal
Canadian Navy opted
for a court martial, but now says charges have been
dropped. (CBC)"
The Department of National Defence confirmed
Friday evening that all charges against Deyoung have
been dropped.
"Military prosecutors have an ongoing obligation to
assess the public interest in proceeding with
prosecutions in the military
justice system. In [Deyoung's
case], the prosecution considered a number
of factors including recent and detailed
medical
information disclosed by defence
counsel, and the views of the chain
of command, in determining that it is no
longer in the
public interest to proceed with this matter by way
of court martial. As a result, all three
charges against the accused have been
withdrawn," the office of the director of military
prosecutions wrote in an email.
___________on the courts martial cases of Deborah Miller
defended by Sara Collins:
--------------
Ian MacAlpine, image
source:
Lt.-Col. Deborah Miller
thewhig.com/author/ian-macalpine
MacALPINE, Ian, "Lt.-Col. pleads guilty to three charges",
Kingston Whig-Standard, 6 October 2014; available at http://www.thewhig.com/2014/10/06/lt-col-pleads-guilty-to-three-charges
(accessed 24 January 2017); defence counsel: Maj. Sara
Collins; prosecutor: Maj. Eric Carrier; military judge: Col.
Michael R. Gibson;
[ reasons for sentence, 7 October 2014, available
at Miller D.L. (Lieutenant-Colonel), R. v., 2014 CM
2018 (CanLII), http://canlii.ca/t/gf0q3]
[reasons for sentence, previous court martial, 22
October 2012, available at Miller D.L.
(Lieutenant-Colonel), R. v., 2012 CM 2014 (CanLII),
<http://canlii.ca/t/fw2lj>]
COLLINS, Victor B. ("Vic"), Squadron Leader, from Dunnville,
Ontario, military lawyer with No. 1 Cdn War Crimes Investigation
Unit::
- Record of Proceedings of the Trial By Canadian Military
Court of Johann Neitz held at Aurich, Germany, 15-20 March
1946; note: the prosecutorwas
Squadron Leader Pat Durdin and was
assisted by Major J. W. (John W. or "Jack") Blain; defence counsel Squadron Leader Victor B.
Collins from Dunnville, Ontario; the
Judge-Advocate was Wing Commander A.A. Cattanach;
available at https://search.archives.un.org/unwcc-canadian-trials-trial-of-johan-neitz-transcripts-and-proceedings
(accessed 24 October 2018);
- Record of Proceedings of the Trial By Canadian Military
Court of Wilhem Jung and Johan George Schumacher,
held at Aurich, Germany, 15-25 March 1946; available
at https://search.archives.un.org/unwcc-canadian-trials-trial-of-wilhem-jung-and-johann-george-schumacher-transcript-of-proceedings
(accessed 25 October 2018); Wing Commander
Pat Durdin was the prosecutor with S/L Beck,
J.S.H., and Capt Drynan, G.K.; S/L Collins, Victor B.,
was defence counsel for Jung and S/L Hollies, J.H., was
defence counsel for Schumacher; the Judge Advocate was Wing
Commander A.A. Cattanach;
- Death notice, The Globe and Mail, 23 October 1987,
at p. C-12;
"March 28 in a Halifax courtroom, Assistant Judge Advocate General
(Atlantic) Lieutenant-Colonel Dave Sinclair (right)
presented the Deputy Judge
Advocate Greenwood Lieutenant-Commander Clark Colwell with his new rank.
Lieutenant (Navy) Isabelle Vallee, Colwell’s spouse,attended." (The
Aurora, 14 Wing Escadre
14 Greenwood, N.S., vol. 34, No. 14, 8 April 2013, p.7; available
at www.auroranewspaper.com/pdf/2013/3414news.pdf (accessed 29 July
2016))
___________on Colwell, Clark, see "Rebuilding from inside out", The
Aurora, 14 Wing Greenwood, NS, 5 May 2014, at p. 15;
available at https://www.auroranewspaper.com/pdf/2014/3518news.pdf
(accessed 31 March 2020);
___________photo of Clark Colwell with other JAG musician :
Pierre
Comeau, image source: (2007) 1 JAG Les actualités --
Newsletter 28-31, at p. 28.
COMEAU, Pierre, "OP Crocodile, Roto 14A Democratic Republic of
Congo/République démocratique du Congo", (2007) 1 JAG Les
actualités -- Newsletter 28-31; article in French &
English/article en français et en anglais;
"The couple own the Stardust
Motel and the adjacent Stardust Sweets and
Treats shop in Pincher Creek [Alberta]".
___________on COMEAU, Pierre, see Cléroux, Richard, "THERE'S NO
LIFE LIKE IT", (March 2008) 32(3) Canadian Lawyer Magazine 3; available at http://www.canadianlawyermag.com/index.php/There-s-no-life-like-it.html
(accessed on 11 July 2008); article discusses work of three JAG
officers: Lt.-Cmdr. Gina Connor, Lt.-Cmdr.
Pierre Comeau, Navy Lieut. Brent Walden;
Pierre Comeau (image source: https://portal.clubrunner.
ca/972/PhotoAlbums/2015-pierre-comeau-canadian-jag-officer,
accessed 23 June 2017)
COMEAU, Robert, "L’opposition à la conscription au Québec",
dans Roch Legault et Jean Lamarre, sous la direction de, La
Première Guerre mondiale et le Canada : contributions
socio-militaires québécoises, Montréal: Méridien,
1999, aux pp. 91-109;
"Command and Control of CF Military Police Services -- Extracts
from the Approved CONOPS and MIP", (June 2011) 17(1) The Thunderbird Journal 9-11
and 20; available at http://www.thepointsman.ca/2011_No._1_Thunderbird_Journal.pdf
(accessed on 24 July 2011); note: "official
Security Branch magazine from 1982 until 1998";
___________on COMMERFORD, J.A., Major, was defence counsel in the
Standing Court Martial S.N. Kapko 1972 CM, Lahr, Federal
Republic of Germany, 13 June 1972, source of information:
MADSEN, C.M.V. (Chris Mark Vedel), Military
law and operations, Aurora (Ontario): Canada
Law Book, c2008-, vol. 3, at p.
AP2-126;
___________
on COMMERFORD, Jack, "75 years later, legacy of Canada's
role in D-Day landing still lingers", National Post (on line),
Toronto: Postmedia Network Inc., 2 June 2019,
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview/...,
accessed 22 August 2019;
OTTAWA - When he jumped out of his landing craft into
knee-deep water off the coast of Normandy on June 6, 1944,
Jack Commerford
wasn't contemplating the role he was about to play in what
would become one of the most pivotal
events in history.
The 20-year-old from Newfoundland and Labrador, who had
joined the army three years earlier to shoot down
German bombers, was too busy doing his job - and trying to
stay alive - during the long-awaited Allied assault
to free Europe from the Nazis.
"I was just thinking of my duties at the moment," recalls
Commerford, now 95.
"Go where I was sent and do what
I was told, that was primarily what I was interested in.
I'm not sure how much I thought of the overall war."
....
Sitting at the Perley and Rideau Veterans' Health Centre
in Ottawa, with his military medals pinned proudly to his
chest, Commerford
echoes that assessment.
"It shaped Canada into being a wonderful, peace-loving
country," he says.
"I see Canada and its leaders as continually doing things
that will encourage or help maintain peace, not only
in Canada but also elsewhere. And I think D-Day and the
Second World War contributed to that strong desire
for peace."
It is with heavy
hearts we announce the passing of Retired Major John
(Jack) Albert Commerford
on Sunday, February 5, 2023, at the age of 98. Jack will
be forever reunited with his wife of 73 years,
Marian Conrad. Predeceased by his sister Ruth Commerford
and survived by his brother David
(Jean Joudrey) Commerford. The cherished father of Janet
(Rock) St. Laurent, Joan Commerford,
John (Liane Spurrell) Commerford, Jim (Donna) Commerford
and Lynn (Greg) Goble and his
Ethiopian sponsored son Radae (Esmira) Abraham.
... Jack was born in Halifax,
Nova Scotia, and spent his early years in Newfoundland.
Returning from
Newfoundland, he enlisted as a Boy Soldier with the Royal
Canadian Artillery, 2nd HAA Regiment,
from Charlottetown. Serving 4 and a half years in WWII,
his Royal Canadian Regiment was on the
coast of England until landing on Juno Beach. Advancing
through France, Belgium, the Netherlands,
he ended the war in Northern Germany with the Armistice.
Following the war, he received his law
degree from Dalhousie University and reenlisted for Korea.
He was a lieutenant with the Royal
Canadian Regiment 3rd Battalion before joining the office
of Judge Advocate General (JAG). He
served with JAG in Ottawa, Kingston, Germany, Gaza Strip
and Cyprus. After retiring from the
Armed Forces, he was a Pension Advocate with Veterans
Affairs in Ottawa and
Kingston. Married
to Marian on February 12, 1948, he was an amazing husband
and role model to many. He lived a
life of strong faith, always mindful of the blessings he
had received. Spending quality time at his
cottage for over 60 years, with family and friends, was a
true blessing for him. He never lost his
sense of humour, love of life and laughter. Always in good
health, water skiing until age 88 and
sky-diving at age 94 were just a couple of highlights. He
will be greatly missed, more than words
can express.
After decommissioning, Jack took advantage of the education benefits
offered to Veterans. He enrolled
in law at Dalhousie University
and soon met a bookkeeper named Marian Frances Conrad.
....
Jack
thrived in his career as a lawyer with the
Office of the
Judge Advocate
General, often defending
soldiers at courts
martial. Inspired by his experiences
as a young soldier, he quickly developed a superb reputation. He served on
bases in Ottawa, Kingston and
Germany, as well as
at headquarters.
Source de
l'image: http://www.hei.ulaval.ca/, vérifié 20 janvier 2015
Commission d'enquête sur la Somalie, Le maintien de la paix, bulletin numéro 22,
Québec, Institut québécois des hautes études internationales,
avril 1996, voir http://www.ulaval.ca/iqhei/etudes_strat2.html;
COMMISSION ON GOVERNANCE OF THE ROYAL MILITARY COLLEGE OF CANADA
(set up by the Canadian Association of University Teachers, CAUT)
and composed of the following commissionners: Dr. Elinor Sloan,
Dr. Robin Boadway, LCol (Retired) Steve Nash, Report of the
Commission on Governance of the Royal Military College of Canada,
April 2013, 20 p., ; available at http://cmcfa-apcmc.ca/dox/caut-rmc-commission-report.pdf
(accessed 28 March 2017);
COMMISSIONERS APPOINTED TO REPORT A PLAN FOR THE BETTER
ORGANIZATION OF THE DEPARTMENT OF ADJUDANT GENERAL OF MILITIA AND
THE BEST MEANS OF REORGANIZING THE MILITIA OF THIS PROVINCE,
DERBISHIRE & DESBARATS,: Report of the Commissioners
Appointed to Report a Plan for the Better Organization
of the Department of Adjutant General of Militia and the
Best Means of Reorganizing the Militia of this Province,
and to Prepare a Bill Thereon, Quebec : S. Derbishire
and G. Desbarats, 1862, 22 p. ; 24 cm, available at https://archive.org/details/reportofcomm00cana
(accessed 7 July 2017);.
CONFÉRENCE SUR L'ÉTHIQUE DANS LA DÉFENSE CANADIENNE, Les multiples faces éthiques de
la défense : actes de la Conférence sur l'éthique dans la
défense canadienne, Ottawa, les 24 et 25 octobre 1996 /
présentée par le Programme d'éthique de la défense, Chef -
Services d'examen, Quartier général de la Défense nationale =
[The many faces of ethics in defence : proceedings of the
Conference on Ethics in Canadian Defence, Ottawa, 24-25
October 1996 / sponsored by the Defence Ethics Program, Chief
Review Services, National Defence Headquarters], [Ottawa]:
le programme, cop., 1996, iv, 120, 111, iv p., 28 cm.; available
at http://www.forces.gc.ca/assets/FORCES_Internet/docs/en/about-reports-pubs-ethics/conf1996-eng.pdf
(accessed 3 June 2016);
CONN, Captain H.A.L. (Howard A. Lorne), member of the OJAG, circa
1918, see McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's
Military Lawyers, Ottawa : Office of the Judge Advocate
General, c2002, at p. 31, available at i-xii and 1-102;
__________on CONN, H.A.L., see "H.A. Conn. Once With
Pensions, Dies Here", The Ottawa Citizen, 15 December 1959
at p. 20; retrieved from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2338513812?accountid=46526,
accessed 2 May 2020;
------
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__________on CONN, H.A.L., see "Pensions Com. Counsel", The
Evening Citizen, Ottawa, Thursday 9 October 1930 at p.
9; retrieved from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2337617706?accountid=46526,
accessed 2 May 2020;
Pressing (and holding) the Ctrl
key and scrolling the wheel
of the mouse allows to zoom in or out of the web page
being viewed
CONNELLY (or Connolly), J.P. (or J.C.), Capt., Royal Canadian
Navy, from Halifax was defence counsel for Capt. Stanley Bruce
Landell" in the court martial referred to in Boss, William,
"Charge Landell Sold Furnishings of Billet, Jewels", Globe and
Mail, 1946/02/22, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5081830
(accessed 5 June 2019);
Image source: http://ipolitics.ca/author/aconnolly/, accessed 24
September 2015
Amanda Connolly
CONNOLLY, Amanda, "CSE watchdog urges greater information-sharing
powers for review bodies. Current limitations on how review
bodies can cooperate make things ‘extremely difficult:’ Plouffe",
ipolitics, 21 March 2017; available at (accessed 24 March
2017); about testimony of Jean-Pierre Plouffe, former JAG officer,
superior court judge and now CSE watchdog;
____________"Report calls for full inquiry into Afghan detainee
torture scandal", ipolitics, 23 September 2015; available at https://ipolitics.ca/2015/09/23/report-calls-for-full-inquiry-into-afghan-detainee-torture-scandal/
(accessed 24 September 2015); report by "human rights
researcher Omar Sabry. The report was produced jointly by
the Rideau Institute and Canadian Centre for Policy Alternatives";
In 2007, Amnesty International and the B.C. Civil Liberties
Association launched a lawsuit against the government
in Federal Court arguing that the transfers were illegal
under international law and the Canadian Charter of Rights
and Freedoms. The Military Police Complaints Commission
also looked into whether officials in Kandahar had
failed to investigate transfers
thoroughly enough. The House of Commons Special
Committee on the Canadian Mission in Afghanistan also tried
to launch a study on the matter.
In all three cases, however, the government refused to
release its information on the affair and, after
refusing a direct order from Parliament, was found in to be
in contempt of Parliament.
Since the Conservative majority government formed in 2011, the
detainee scandal has largely faded from public
discussion. The Conservatives shut down an ad-hoc
committee looking into the allegations and also failed
to re-appoint the Special Committee on the Canadian
Mission in Afghanistan.
CONNOLLY, M.A., Major, Striving
for national autonomy: civil control and national command of
Canadian expeditionary forces, [Toronto, Ont.] :
Canadian Forces College, 2008, ii, 100 p., 28 cm, Master thesis,
Canadian Forces College; JCSP/PCEMI 34-14;
Summary
"The Canadian military legacy from the First World War until
recently saw Canada most often as a force contributor of troops at
the tactical level to allied or coalition military
efforts. Operating within coalitions and alliances created a
tension between the demands of national autonomy and the demands
of coalition or alliance efficiency. To maintain
national autonomy, politicians have a responsibility to exercise
civil control, and military officers at each level in the chain of
command have a responsibility [to] exercise
national command and support the premise of civil control. This
essay concludes that Canada’s history of civil control of the
military and national command has been evolutionary
with a recurring theme of national autonomy throughout. But with
recent government policy and Canadian Forces transformation, a
strong national command structure has begun
to take shape that can support the principle of civil control of
the armed forces. This has placed a renewed emphasis on the
military strategic and operational levels of command
overseeing the employment of tactical forces in comprehensive
operations." - p. ii
(http://ares.cfc.forces.gc.ca/rooms/portal/media-type/html/language/en/country/US/user/anon/page/Sirsi_AdvancedCatalogSearch,
accessed on 1 January 2012.
Lt.-Cmdr. Gina Connor, 41, sits with Obidullah
Sediqi, the chief prosecutor for the
Kandahar
High Courts in Afghanistan" (photo in the article)
CONNOR, Gina, Lt.-CMdr., see CLÉROUX, Richard, "THERE'S NO
LIFE LIKE IT", (March 2008) 32(3) Canadian
Lawyer Magazine 3; available at http://www.canadianlawyermag.com/index.php/There-s-no-life-like-it.html
(accessed on 11 July 2008); article discusses work of three JAG
officers: Lt.-Cmdr. Gina Connor, Lt.-Cmdr. Pierre Comeau, and
Navy Lieut. Brent Walden;
Lieutenant-Commander Gina Conner [sic], a lawyer
from Directorate of Law/Intelligence
and Information Operations in Ottawa, deployed as the legal
advisor for the Kandahar
Provincial Reconstruction Team (KPRT), speaks to women
prisoners at a local prison in Kandahar City.
The KPRT is an integral part of the Joint Task Force
Afghanistan (JTF-AFG), which is Canada's
military contribution to Afghanistan. Canadian operations
will focus on working with Afghan
authorities to improve security, governance and economic
development.
------------------
Le Capitaine de corvette Gina Conner [sic], une avocate
du groupe du Directeur juridique/
Opérations du renseignement et de l’information, à Ottawa,
déployée à titre de conseillère
juridique de l’Équipe provinciale de reconstruction de
Kandahar (EPRK), s’entretient avec
des détenues dans une prison locale de Kandahar.
L’EPR fait partie intégrante de la Force opérationnelle
interarmées en Afghanistan (FOIA),
qui constitue la contribution militaire canadienne aux
efforts déployés en Afghanistan.
Les opérations canadiennes sont axées sur la collaboration
avec les autorités afghanes en
matière d’amélioration de la sécurité, de la
gouvernance et du développement économique.
(source pour la version française du
texte:http://www.combatcamera.forces.gc.
ca/gallery/cc_photos/detail/?filename=IS2007-1012&assetId=12814&lang=fra)
Lieutenant Commander Gina Connor
Gina Connor has been a member of the Canadian Armed
Forces for over 34 years. She holds a
Bachelor of Arts from Dalhousie University; a Common Law
degree from the University of New
Brunswick and a Masters of Law in Information Technology
and Telecommunications from the
University of Strathclyde. She originally enrolled in
the Regular Force as a Supply Technician
in July of 1985. In November of 2003, she became a Legal
Officer with the Office of the Judge
Advocate General.
During her career, she was deployed on several
missions abroad. From June to December of 1995 she
deployed on Operation Sharp Guard onboard NCSM Ville de
Quebec in the Adriatic Sea off the coast
of the Former Republic of Yugoslavia. She was as the
Legal Advisor to the Commander of the Kandahar
Provincial Reconstruction Team during Operation Athena
from February to August of 2007 in Kandahar,
Afghanistan; Legal Advisor to a Special Assistance Visit
in 2009 during Operation Athena in Kandahar,
Afghanistan and was the Task Force Legal Advisor from
June 2013 to March of 2014 for Operation
Attention and a member of the team closing the Canadian
Armed Forces mission in Kabul, Afghanistan.
She was awarded the Chief of Defence Staff commendation
and the Commander of Canadian Joint Operations
Command commendation for her 2007 and 2013-14
deployments respectively.
Gina has been an Adjunct Assistant Professor at the
Royal Military College in Kingston, Ontario and
instructs and lectures on a variety of subjects
including Laws of Armed Conflict, Women, Peace and
Security
and child soldiers.
She completed the Veteran Trainer to Eradicate the Use
of Child Soldiers program (VTECS) with the Roméo
Dallaire Child Soldiers Initiative in 2018.
Her passion has been and continues to be the
protection of Human Rights and Capacity Building in
relation to
the Rule of Law and Human Security.
CONNORS, Patrick James, lawyer, member of the Nova Scotia
Barrister's Society since 2016, member
of the OJAG at the Office of The Judge Advocate General (Atlantic
Region); graduated from Ottawa University, Juris Doctor, Common
Law, 2012-2015;
see https://www.linkedin.com/in/patrick-connors-8913b895/
Considérations sur notre organisation militaire par un officier
de la milice, Montréal: Des Presses à vapeur de Plinguet &
Laplante, 1864, 31 p. et voir "Discipline et Pénalités" aux pp.
20-22; disponible à http://collections.banq.qc.ca/ark:/52327/3081885
(consulté le 20 octobre 2018);
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-----Image source: carleton.ca/history/people/tim-cook/, accessed 18
December 2017
Image source: amazon.ca/Madman-Butcher-
Tim Cook, the author
Sensational-Hughes-General/dp/014317357X,
accessed 18 December 2017
COOK Tim, 1971-, The madman and the butcher : the sensational
wars of Sam Hughes and General Arthur Currie,
Toronto : Penguin Canada, 2011, x, 472 p., [8] p. of plates :
ill., ports. ; 21 cm. NOTES: Includes bibliographical
references (p. 391-406) and index. ISBN: 9780143173571;
___________"The Politics of Surrender: Canadian Soldiers and the
Killing of Prisoners in the Great War", (July 2006) 70(3) The
Journal of Military History 637-665;
___________"The Top 10 Most Important Books of Canadian Military
History", (2009) 18(4) Canadian Military History 65-74,
article 6, available at http://scholars.wlu.ca/cgi/viewcontent.cgi?article=1611&context=cmh
(accessed 6 June 2016); important
contribution -- pour aller plus loin! the 10 most
important from several authors ....so it is much more than 10
books!
COOKE, O.A. (Owen Arnold), 1943-, The Canadian Military
Experience 1867-1995: A Bibliography, 3rd ed., Ottawa:
Directorate of History and Heritage, Department of National
Defence, 1997, xxi, 520 p., (series; monograph series;
Department of National Defence, Directorate of History and
Heritage; number 2); catalogue number of Public Works and
Government Services Canada, Canadian Government Publishing:
D63-1-2-1996, ISBN: 0660601648;
"A bibliography ...of
published primary sources and secondary works on
Canadian military topics, excluding poetry and fiction
(with one exception), covering the period from confederation to
the present. Entries in the bibliography represent printed
monographs, books and pamphlets and serial titles. The prime
criteria for inclusion was that the work be chiefly or uniquely
both Canadian and military in its content. Index.
Bilingual". (Source: Public Works and Government Services Canada, Canadian Government Publishing, vol. 1, issue 1, Spring
1998, p. 4)
FRANÇAIS : COOKE, O.A. (Owen Arnold), Bibliographie de la vie
militaire au Canada 1867-1995, 3e éd., Ottawa:
Direction -- Histoire et patrimoine, Ministère de la défense
nationale, 1997, xxi, 520 p. (Collection; Monographie;
Direction--Histoire et patrimoine du Ministère de la défense
nationale; no. 2); couverture souple, numéro de catalogue de
Travaux publics et Services gouvernmentaux, Les Éditions du
Gouvernement du Canada : D63-1-2-1996, ISBN: 0660601648; titre
bilingue, même volume;
"Cette bibliographie
présente une liste des sources primaires et secondaires, hormis la
poésie et la fiction (sauf une seule exception),
qui ont été publiées sur la vie militaire canadienne depuis la
Confédération jusqu'à nos jours. Il s'agit de monographies,
de livres et
de brochures ainsi que de publications en série. Le premier
critère d'inclusion était le suivant: les ouvrages devaient être
uniquement
ou principalement canadiens et militaires à la fois.
Index. Bilingue." (source: Travaux publics et Services
gouvernmentaux, Les
Éditions du Gouvernement du Canada, vol. 1, no 1, Printemps
1998, p. 4)
___________Organization and
Training in the Central Canadian Militia 1866-1885, MA
Thesis (Kingston: Queen's University, 1974);
COOKE, W.M., Captain was the assistant prosecutor in the
Disciplinary Court Martial R. Sleep 1987 CM 87, Halifax,
Nova Scotia, 29 July 1987, source of information: MADSEN,
C.M.V. (Chris Mark Vedel), Military law and operations, Aurora (Ontario): Canada Law Book, c2008-, vol. 3, at p. APP2: 1987-33;
__________on COOKE, W.M., Lt(N) was defence counsel in the
Standing Court Martial of R. v. Brown 1988 CM 38, in Lahr,
Federal Republic of Germany, 26 July 1988, source of
information: MADSEN, C.M.V. (Chris Mark Vedel), Military law and operations, Aurora (Ontario): Canada
Law Book, c2008-, vol. 3, at p.
APP2: 1988-22;
Image
source: cdainstitute.ca/about-us/research-fellows/,
accessed 7 August 2017
Howard G. Coombs
COOMBS, Howard G., “The Evolution of Canadian Forces Staff Education
and Operating in a Post-Cold War World", (2008) 11(3) Canadian
Military Journal available at http://www.journal.forces.gc.ca/vo11/no3/08-coombs-eng.asp
(accessed 7 August 2017); see also his Ph.D. thesis at Queen's
University --In Search of Minerva's Owl: Canada’s Army and Staff
Education (1946-1995);
___________ ed., The
insubordinate and the noncompliant: case studies of Canadian
mutiny and disobedience, 1920 to present, Kingston
(Ontario): Canadian Defence Academy Press; Toronto : The Dundurn
Group, c2007, 448 p., ISBN: 9781550027648 (pbk.); copy at University
of Ottawa, MRT General, FC 226 .I57 2007; title noted in my research
but book not consulted yet (10 January 2012);
Contents
Introduction / Howard G. Coombs - 1. Good men pushed too far? The
first Canadian Parachute
Battalion hunger strike, 20-23 October 1944 / Bernd Horn - 2. The
revolt of the Canadian generals,
1944: The case for the prosecution / Richard T. Walker - 3.
Leadership and lack of moral fibre in
Bomber Command, 1939-1945: Lessons for today and tomorrow / Allan
English - 4. Errant aircrew:
A case for “grey” insubordination in no.6 Group (Royal Canadian
Air Force), bomber command in
1943 / David Bercuson - 5. Murder by Spitfire? Probing for mutiny
and indiscipline in Canada’s
second World War air force / Dean C. Black - 6. After the
emergency: Demobilization strikes, political
statements, and the moral economy in Canada’s Air Forces,
1919-1946 / Rachel Lea Heide - 7. Matelots,
Martinets, and Mutineers: The mutiny in HMCS Iroquois, 19 July
1943 / Michael Whitby - 8. Protestors
or traitors? Investigating cases of crew sabotage in the Royal
Canadian Navy, 1942-1945 / Richard O. Mayne
- 9. The V-E Day riots in Halifax, 7-8 May 1945 / Robert H.
Caldwell - 10. The post-war “incidents”
in the Royal Canadian Navy, 1949 / Richard H. Gimblett - 11. The
storm over unification of the Armed
Forces: A crisis of Canadian civil-military relations / Daniel P.
Gosselin - 12. The Air Force and flight
safety: A culture of tolerated disobedience? / Randall Wakelam -
13. When orders conflict: A perspective
from the board of inquiry - Croatia / Gordon Sharpe - 14. What did
you expect? An examination of
disobedience in the former Canadian Airborne Regiment, 1968-1995 /
Bernd Horn. (source: catalogue du
Collège miliitaire de Toronto)
FRANÇAIS : COOMBS, Howard G., sous la direction de, Les insubordinés et
les insurgés: des exemples canadiens de mutinerie et
de désobéissance, de 1920 à nos jours, Toronto :
Dundurn, 2007, 439 p. : ill., portr. ; 23 cm ; "... fait suite
à deux ouvrages, "Les réticents et les récalcitrants : points de vue
théoriques sur la désobéissance chez les militaires" et "Les
apathiques et les rebelles : des exemples canadiens de mutinerie et
de désobéissance, de 1812 à 1919", rédigés par des collaborateurs et
membres de l'Institut de leadership des Forces
canadiennes(ILFC)"--Av.-pr. (source: catalogue du Collège miliitaire
de Toronto)
[Table des matières]
Avant-propos – Préface – Introduction – De bons éléments poussés
trop loin? La grève de la faim du 1er
Bataillon canadien de parachutistes, du 20 au 23 octobre 1944 /
Bernd Horn – La révolte des généraux
canadiens, 1944 : le réquisitoire / Richard J. Walker – Le
leadership et le manque de force morale dans
le Bomber Command de 1939 à 1945 : des leçons à retenir pour
aujourd’hui et demain / Allan English –
Membres d’équipage dévoyés : des cas d’insubordination « larvée »
dans le Groupe no 6 (Aviation royale
du Canada) du Bomber Command en 1943 / David Bercuson – Meurtre
par un Spitfire? Examen des cas
de mutinerie et d’indiscipline dans les forces aériennes
canadiennes durant la Deuxième Guerre mondiale /
Dean C. Black – Après l’état d’urgence : grèves de la
démobilisation, déclarations politiques et économie
morale dans les Forces aériennes du Canada, 1919-1946 / Rachel Lea
Heide – Matelots, officiers trop
zélés et mutins : la mutinerie du NCSM Iroquois survenue le 19
juillet 1943 / Michael Whitby – Protestation
ou trahison? Le cas de sabotage par des membres d’équipage de la
Marine royale du Canada, de 1942 à
1945 / Richard O. Mayne – Émeute à Halifax les 7 et 8 mai 1945, à
l’occasion de la victoire en Europe /
Robert H. Caldwell – Les « incidents » de l’après-guerre dans la
Marine royale du Canada en 1949 /
Richard H. Gimblett – La tempête autour de l’unification des
forces armées : crise dans les relations
civilo-militaires au Canada / Daniel P. Gosselin – Les forces
aériennes et la sécurité des vols : une
culture qui tolère les désobéissance? / Randall Wakelam – Ordres
incompatibles : point de vue de la
Commission d’enquête sur la Croatie / Gordon Sharpe – À quoi vous
attendiez-vous!?! Analyse de
la désobéissance au sein de l’ancien régiment aéroporté du Canada,
1968-1995 / Bernd Horn –
Appendice. Tableau de tous les grades pour chacun des Services,
avant et après l’unification des
FC. (source: catalogue du Collège miliitaire de Toronto)
COOPER, Andrew F., Momani, Bessma, "The Harper government's
messaging in the build-up to the Libyan Intervention: was Canada
different than its NATO allies?", Canadian Foreign Policy Journal,
04 May 2014, Vol.20(2), p.176-188; title noted but article not
read yet (3 February 2017);
COOTE, Gérald (John Charles Gerald), 1899-1980, Major, legal advisor
for military district number 5, see article: "Soldier Involved Over
'Injections' Said to Have Destroyed Instruments", Globe and Mail,
1942/03/17, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5033629,
accessed 8 June 2019; military district 5 was in Québec City;
___________As of 4 October 2020, my research indicates:
- selon Annuaire de la ville de Québec, 1935-1936,
Résidents de Québec par ordre alphabétique de noms, CAR-ESC,
il y a un J. Gerald Coote qui pratique le droit à l'étude de
Coote, Dussault & Auger (Michel Dussault et Alphonse
Auger) au 126 Sr-Pierre), voir numerique.banq.qc.cq;
- selon Annuaire de la ville de Québec, 1954-1955,
[Corporation de Québec, Cité de Québec, Renseignements
généraux, Gouvernements provincial et fédéral], il y a un
avocat au ministère des Affaires des anciens combattants qui
est un conseiller de la reine (QC), voir https://numerique.banq.qc.ca/patrimoine/details/52327/3692272?docsearchtext=gerald%20coote
(consulté le 4 octobre 2020);
Titre: S. Gérald Coote, avocat, novembre 1955,
photographe: Gaby
(Gabriel Desmarrais)
- sur Gérald Coote, avocat, voir l'article "Militaire condamné
pour traffic de drogues", L'Action-Québec, vendredi 13
avril 1973; disponible à https://collections.banq.qc.ca/ark:/52327/3490648
(vérifié le 5 octobre 2020);
- his mother was Caroline (Caroline) Taschereau,
1871-1956, the sister of the Quebec Prime Minister
Louis-Alexandre Taschereau; his father and husband of
Caroline Taschereau was Dr. Patrice ou Patrick Coote,
see http://faculty.marianopolis.edu/c.belanger/quebechistory/encyclopedia/LouisAlexandreTaschereauRB.htm
(accessed 5 October 2020); his father Patrice's real first
name was Patrick Coote, professor at Laval University;
CORBAN, Paul, legal officer with the OJAG during the seventies and
eighties; LCol in 1986, see http://www.sirc-csars.gc.ca/pdfs/ar_1985-1986-eng.pdf
(accessed 18 August 2018); was admitted to the Nova Scotia Bar in
1973; lives in Ottawa (as of 2018);
___________on Corban, Paul, see his photo hereunder which is a
detail of the 1981 JAG conference photo posted on flickr by
Jim Rycroft at https://www.flickr.com/photos/xjag/4528355114/in/album-72157623951146254/lightbox/
(accessed 24 September 2020); a photo of the 1981 JAG conference
photo, in colour, can also be found in McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa :
Office of the Judge Advocate General, c2002, at p. 124, available
at
103-242;
Conseiller Juridique at Office of the Judge
Advocate General, Membre du Conseil d'administration
/ Représentant à l'international...
Past
Avocat associé (litige et conseil) at Pariseau
Cliche & Associés, Conseiller at Bureau de
l'ancien premier ministre du Québec Jean...
Education
Université de Sherbrooke, École du Barreau du
Québec, Université de Sherbrooke
Summary
Avocat et conseiller juridique Droit
international, droit civil Québec, commercial,
locatif, administratif. Conseiller Éditions
Orange...
CORBETT, Patrick, Captain, 10th R.V., deputy judge advocate general,
acting, British army staff, see L. Homfray Irving, Canadian
Military Institute, Officers of the British forces in Canada
during the war of 1812-15, [Place of publication not
identified] : Welland Tribune Print, 1908, ix, 309 pages; 22 cm, at
page 19, available at https://archive.org/details/officersbrit00irvirich,
accessed 2 June 2020;
CORMIER, Patrick, "The 'Information Management Smart' JAG
Lawyer", (2006) 1 JAG Les
actualités -- Newsletter 86;
___________"La Justice militaire canadienne: le procès sommaire
est-il conforme à l'article 11(d) de la Charte canadienne des
droits et libertés?", (2000) 45 McGill Law Journal / Revue de
droit de McGilll 209-262; disponible à http://lawjournal.mcgill.ca/documents/Cormier.pdf
(vérifié le 6 juillet 2010);
Patrick Cormier, CD, B.Sc., B.C.L., LL.B., from
April 2011 to February
2014, was the Chief Executive Officer of the Canadian
Centre for Court Technology.
In addition to his CEO duties, Patrick Cormier also provided
leadership and
support to the Centre's