----
Other
sites on Canadian military law
Part II -- Bibliography: A-B--C-D--E-G--H-L--M-R--S-Z
Part
I -- Canadian Military Law --
Miscellaneous
- Blog
-
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)
- The 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
- Governments
Bills 1999-2012 on National Defence Ac
- Current
Affairs -- Sexual Misconduct
- Court
Martial Comprehensive Review 2016-2017
- Laws,
Regulations and Orders
- Superseded
Legislation
-------
Starting here:
Bibliography M to
R /
Bibliographie M à R
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image
source: https://www.thestar.com/authors.maccharles_tonda.html,
accessed 21 August 2016OTTAWA—Canada’s top soldier is issuing the first-ever guidelines for Canadian military personnel on how to deal
with child soldiers in advance of deployment to Africa, the Star has learned.
.....
Called the CAF Child Soldiers Doctrine, it is not country-specific but will provide overarching principles to military
personnel, no matter what the mission or mandate.
....
The military’s guidelines will make clear that all Canadian Armed Forces personnel have a legal duty to report any
such violations, and it recognizes that the issue of child soldiers “needs to be better addressed within Canadian Forces doctrine.”
Eight senior lawyers who are security-cleared to challenge classified evidence in closed-court terrorism cases have added their voices to a chorus
calling for changes to the government’s anti-terror bill.
......
The eight lawyers have first-hand knowledge of CSIS’ activities in national security cases; all are “special advocates” on a roster approved by the
federal justice department, and are appointed by Canadian courts to ensure top secret evidence is properly tested when Ottawa seeks to deport terror suspects.
......
The submission was made on behalf of lawyers Gordon Cameron, Paul Cavalluzzo, Paul Copeland, Denis Couture, François Dadour, Anil Kapoor,
John Norris and Lorne Waldman. The Conservative-dominated committee denied their request to testify.
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Image
source: windsorstar.com/opinion/columnists/jarvis-canadas-chief-war-crimes-prosecutor-lived-here
Image
source: ww2gravestone.com/people/meyer-kurt-adolph-wilhelm-panzermeyer/,
accessed 6 June 2018MacDONALD, C. Roy, was Assistant Judge Advocate General, RCAF's Eastern Air Command, see "Rosetown magistrate appointed", The Leader-Post, Regina, Wednesday, 17 July 1957 at p. 8, available at https://www.newspapers.com/image/...., accessed 25 May 2020;[research note by François Lareau:
to read about LCol Bruce MacDonald / pour lire sur le LCol Bruce MacDonald:
- LCol. Bruce MacDonald was the prosecutor in the court martial of Brigadier General J.F.A. Lister, see BOSS, William, "Restrict Crown in Examination of Gen. Simonds", Globe and Mail, 1946/05/10, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5081808 (accessed on 5 June 2019);
------
Bruce MacDonald Cartoon of Bruce MacDonald by Charlie Knight
\- MacDonald, Bruce, The MacDonald Papers, web site by the London Public Library, see http://projects.windsorpubliclibrary.com/digi/macdonald/default.asp (accessed 27 October 2018);
n August 1944 he served as the Canadian Member of Supreme Headquarters Allied Expeditionary Force
- McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office of the Judge Advocate General, c2002, at pages 49 and 63-65 available at pp. i-xii and 1-102;
- McDONALD, R. Arthur, Les avocats militaires du Canada, Ottawa : Cabinet du Juge-avocat général, c2002, aux pp. 56 et 71-73 à pp. i-x et 1-116];
- on Bruce McDonald, see:
Brode Patrick,
image source: osgoodesociety.ca/Author%20_Biographies/Brode_Patrick.html, accessed on 26 April 2014
BRODE, Patrick, 1950-, "Bruce Macdonald and the Drafting of Canada's War Crimes Regulations -- 1945", (1995) 24 Law Society Gazette (Law Society of Upper Canada) 274-282; also published in (March-April 1998) vol. 2, JAG Newsletter;
- 1 Canadian War Crimes Investigation Unit fonds, Repository, National Defence Headquarters Directorate of History and Heritage, Reference code CA ON00093 98/28; 159.95 (D1); 159.95.023 (D1-D11), see https://www.archeion.ca/1-canadian-war-crimes-investigation-unit-fonds (accessed 19 March 2019);
No. 1 Canadian War Crimes Investigation Unit was established on 4 June 1945 under the
command of Lieutenant-Colonel B.J.S. Macdonald to continue the work of the SHAEF
(Supreme Headquarters, Allied Expeditionary Forces) Court. Two detachments were
established: the North West Europe Detachment at Bad Salzflen, Germany and the U.K.
Detachment at Canadian Army Headquarters, London, England. Canadian personnel
from the SHAEF Courts were transferred to the new Canadian Unit whose mandate
was to investigate all reports of war crimes affecting any member of the Canadian
forces. The unit remained active until its disbandment 31 May 1946.
Fonds consists of transcripts of Record of the Evidence, Record Proceedings, witness
statement and evidence for the trial of Kurt Meyer. Also includes documents for many
others trials for alleged War Crimes. In addition, there are several miscellaneous
documents and there are also reports of No. 1 Canadian War Crimes Investigation
Unit on miscellaneous War Crimes against members of Canadians Armed Forces. There
are two series:
1. Kurt Meyer Trial (98/28)
2. Reports of Proceedings, Evidence and Witness Statements (159.95 (D1) and 159.95.023 (D1-D11))
LCol B.J.S. MacDonald
- Maker, John, "The Essex Scottish Regiment in Operation Atlantic: What Went Wrong?", (Winter 2009) 18(1) Canadian Military History 7-19,
available at https://scholars.wlu.ca/cmh/vol18/iss1/3/ and at https://scholars.wlu.ca/cgi/viewcontent.cgi?referer=https://www.google.ca/&httpsredir
=1&article=1492&context=cmh (accessed 14 May 2020);
AbstractOn 20–21 July 1944 the 6th Canadian Infantry Brigade was engaged
in combat operations on Verrières Ridge south of Caen. Enemy resistance
was stronger than expected and the Canadian attack was met by strong
German counterattacks supported by armour. During the course of the
battle, two units, the Essex Scottish Regiment and the South Saskatchewan
Regiment were driven back. In the aftermath of the battle the Essex Scottish
Regiment and their commanding officer were criticized for their poor performance.
This article examines the battle in an attempt to understand who was to blame.
Lieutenant–Colonel B.J.S. MacDonald, the commanding officer of the Essex Scots,
was fired for his role in the battle, but this article posits that Brigadier Hugh A.
Young bears the greater share of responsibility for the operation’s failure.
- transcript of his testimony before the Commission of Inquiry on War Criminals
chaired by the Honourable Jules Deschênes, public hearings, April 1985.
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- "Lt.-Col. MacDonald, Judge Advocate, Dies", The Winnipeg Tribune, Tuesday, 24 May 1932 at p. 1, available at https://www.newspapers.com/..., accessed 22 May 2020;
- "L/T.-Colonel's Appointment", The Globe and Mail, 3 August 1916, p. 1 (accessed 27 July 2018); simply saying that the rank of LCol is given to James A. MacDonald, K.C., Assistant-Judge-Advocate General in District 2";
- on LCol J.A. MacDonald, K.C., see the article "Contends Draftee Planned Desertion. Judge-Advocate Sums Up Case of E.J. Weber Before Court-Martial", Toronto Star, 16 January 1919 at p. 2; available at https://anatomylesson.wordpress.com/tag/neustadt/ (accessed 16 April 2020);
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- "Mayor Wrathy over interview 'Piece of Gross Impertinence,' He Describes it in Letter to Col. Bickford", The Globe, Toronto, 9 August 1918, at p. 7;
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[Source: https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....,
ProQuest Historical Newspapers, accessed 5 March 2019]
- McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office of the Judge Advocate General, c2002, at p. 32, available at i-xii and 1-102;
- order-in-council 1916-1984, date introduced: 1916-08-19, "Title: Appoint [Appointment] of Lt Col. [Lieutenant Colonel] J. a. MacDonald as Asst [Assistant] Judge Advocate General Toronto at $3,500 approved - Premier 1916/08/17 submit Parlimy Secy [Parliamentary Secretary]"; see http://www.bac-lac.gc.ca/eng/discover/politics-government/orders-council/Pages/item.aspx?IdNumber=318388 (accessed 6 February 2019);
- "SAYS ORDERLY IS RESPONSIBLE: Capt. Smith at Neals Inquiry Reveals Flaws of Medical Service. Much Illness Feigned. Medical Officer Admits at Inquest That Orderly Determines Character of witness" , The Globe, Toronto, 9 March 1918 at p. 8; re Lieutenant-Colonel J.A MacDonald, involved in a coroner's inquest;
- "STANDING BOARD TO TRY SOLDIERS: General Court-martial Personnel to be Chosen From These Officers",
The Globe and Mail, 21 August 1918, at p. 7;
ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca, accessed 11 September 2018
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Source of image: JAG Newsletter, volume 1,
2003 at p. 7Macdonald, Margaret-Ann, "Honours", JAG Newsletter,
volume 1, 2003 at p. 7; research note: we worked together in
Lahr; very nice person (dixit François Lareau);
"In July 2002, LCol Margaret-Ann Macdonald was awarded the Chief of Staff Commendation for Exceptional
Service by Admiral Sir Ian Garnett, SHAPE Chief of Staff, in recognition of her professional excellence,
primarily in relation to the NATO-led operations in the Balkans. This prestigious award cited her ceaseless
enthusiasm within the Office of the SHAPE Legal Advisor during a period of almost 5 years, and noted that
her efforts 'consistently showed her to be a master of her legal craft and NATO procedures.' As well, it cited
her critical value to operators, both in SHAPE and in the field."
From the right: Margaret-Ann
MacDonald, Nicole Girard, and Mrs. Mitchell,
Lahr, Federal Republic of Germany,
circa 1981-1982 (photo by François Lareau)
image
source: https://twitter.com/novamac,
accessed 29 January 2018
------
Ralph MacDonald: image source: Google
Image, accessed on 31 May 2014
MACDONALD, LCol (ret'd) Ralph, 1922-2010, notes on:
After serving in Vancouver and back in Edmonton, he was called to the Alberta Bar in 1956 and transferred to the Judge Advocate
General's branch. Ralph's more than 30 years of service as a legal officer took him to Ottawa, Winnipeg, Calgary, Lahr and finally
back to Ottawa. Along the way, he was a minor hockey coach, Cub leader and Group Committee chair. One of his proudest
accomplishments was the two years he spent as president of the Canadian Forces Europe senior hockey league. By 1988, when he
retired at the age of 65, Ralph was the oldest member and last Second World War veteran serving in the Regular Force.He then began his second career, serving another 10 years as a civilian in the Department of National Defence.
(source: http://www.inmemoriam.ca/view-announcement-201182-lcol-ret-d-ralph-fraser-macdonald-cd.html, accessed on 31 May 2014)
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Source
of image: www. amazon.co.uk (accessed 24 December 2015)
Source:
Source: (2003) 1 JAG Newsletter -- Les actualités at p. 9
Still video at 1:01:46
MacGILLIVRAY, Don, "Military Aid to the Civil Power", (1974) 3(2)
Acadiensis 45-64;
available at http://journals.hil.unb.ca/index.php/Acadiensis/article/view/11354/12104
(accessed on 6 December 2011);
Bruce MacGregor, photo reproduced from: live.ottawacitizen.com/Event/Live_blog_Military_complaints_commission_hearing_Monday_Sept_10
, BIOGRAPHY
ColonelBruce MacGregor, C.D., Q.C., LL.M., LL.B., B.A.
Colonel MacGregor was born in Sydney, Nova Scotia and attended schools in severalcommunities in Ontario, Alberta, and Nova Scotia, before obtaining a high schooldiploma from the Halifax Grammar School. He is a graduate of Dalhousie University(B.A., Political Science and LL.B.) and the University of Ottawa (LL.M). He has been amember of the Nova Scotia Barristers’ Society since 1991.
In 1990, Colonel MacGregor articled with Cox, Downie and Goodfellow in Halifax. Hethen practiced law for six years at MacIntosh, MacDonnell and MacDonald in NewGlasgow, Nova Scotia, concentrating on criminal law (as defence counsel and as afederal and municipal prosecutor). He routinely appeared before Nova Scotia’s FamilyCourt, Provincial Court, Supreme Court and Court of Appeal. He became a partner in hisfirm in 1995.
In 1997, Colonel MacGregor left private practice to join the Office of the Judge AdvocateGeneral (JAG) and assumed the duties of Assistant Deputy Judge Advocate PacificRegion in Victoria, British Columbia. During this time, he advised the Maritime PacificCommander, the Commander Canadian Fleet Pacific, and the various regional basesincluding Esquimalt, Comox and Chilliwack. He also prosecuted and defended atnumerous courts martial. Additionally, he sailed with HMCS Regina to the Arabian Gulfproviding legal advice to the ship’s Commander in support of OP AUGMENTATION in1999.
In 2001, Colonel MacGregor was posted to the Directorate of Military Prosecutions inOttawa where he prosecuted courts martial, represented the Minister of National Defencein appeals before the Court Martial Appeal Court, mentored junior prosecutors,represented the office in media interviews and provided policy and prosecutorial adviceto the Director of Military Prosecutions.
In 2004, Colonel MacGregor was posted to the Directorate of Law Human Resourceswhere he provided legal advice on personnel and administrative legal matters. Later thatsame year, he was tasked to work with the JAG Internal Review Team in order to providea departmental response to the First Independent Review by former Chief Justice ofCanada, Antonio Lamer.
In 2006, Colonel MacGregor returned to prosecutions and assumed the position ofDeputy Director Military Prosecutions in Ottawa where he guided a team of regular andreserve force military prosecutors and civilian staff in charge of prosecuting personsunder the Code of Service Discipline at courts martial and the Court Martial AppealCourt.
In January to July 2009, Colonel MacGregor was deployed to the Sudan as the ForceLegal Advisor to the United Nations Mission in Sudan (UNMIS). There he was the solelegal advisor to the UNMIS Force Commander and his 10,000 military troops in supportof the enforcement of the Comprehensive Peace Agreement between North and SouthSudan. For his efforts, Colonel MacGregor was awarded the United Nations ForceCommanders Commendation.
Upon his return to Canada, Colonel MacGregor became the Director of Military JusticePolicy supporting the Judge Advocate General’s legislative mandate to superintend theadministration of Military Justice. This included the development of legislative andregulatory initiatives, and policy development related to Canada’s military justice system.After a re-organization of the Military Justice Division, Colonel MacGregor then becamethe Director of Military Justice Operations and then assumed the role of Director ofMilitary Justice Strategic where he assisted in the Office of the JAG’s work with theSecond Independent Review Authority (Mr. Justice Patrick LeSage).
In 2013, Colonel MacGregor was posted to the position of Assistant Deputy JudgeAdvocate General Operations. There he assisted the DJAG Operations in the provision oflegal advice in direct support to the planning and conduct of domestic and internationaloperations. In 2014, Colonel MacGregor was promoted to his current rank and assumedthe duties of DJAG Operations.
On 20 October 2014, Colonel MacGregor was appointed by the Minister of NationalDefence to the position of the Director of Military Prosecutions pursuant to section 165.1of the National Defence Act. He is is responsible for the preferring of all charges to betried by court martial and for the conduct of all prosecutions at courts martial. TheDirector of Military Prosecutions also acts as counsel for the Minister in respect ofappeals before the Court Martial Appeal Court of Canada and before the Supreme Courtof Canada. Between 2015 and 2019, Colonel MacGregor has appeared as counsel beforethe Supreme Court on a number of significant cases affecting the military justice systemspecifically and the criminal justice system more broadly.
Colonel MacGregor is married and has two sons. He has been a committed communityvolunteer in various projects for over thirty years.
__________"Canadian
Military Boards of Inquiry in the Line of Fire of Procedural
Fairness", (2007) 1 JAG
Les actualités Newsletter 54-74;
___________LinkedIn, available at https://ca.linkedin.com/in/bruce-macgregor-9a364663
(accessed 3 December 2015);
___________"Message from the Chair" (April/Avril 2008) Sword &
Scale -- Salut militaire; available at http://www.cba.org/CBA/newsletters/mil-2008/news.aspx
(accessed on 26 April 2012);
FRANÇAIS:
___________"Mot du président" (April/Avril 2008) Sword &
Scale -- Salut militaire; disponible à http://www.cba.org/abc/nouvelles/mil-2008/nouvelles.aspx#article10
(site visité le 26 avril 2012);
____________"Military courts martial do not sacrifice fairness", The Ottawa Citizen, 9 August 2010, p. A.7;
___________Notes on Bruce MacGregor from 2017
Canadian Council on International Law (CIL), 2017 CCIL Conference
November 2-3 in Ottawa, “Canada at
150: The Return of History for International Law”, 2017
Speaker Biographies, Keynote Speakers, available at http://www.ccil-ccdi.ca/speakerbios,
accessed 26 October 2017:
Bruce MacGregor (Speaker) is a Colonel in the Canadian Forces, having joined the Office of the Judge Advocate General (JAG) in 1997.
He has deployed to the Arabian Gulf with HMCS Regina in support to Op AUGMENTATION (1999) and to Sudan as the legal advisor to
the UNMIS Force Commander (2009). Colonel MacGregor has played a significant role in the Office of the JAG’s engagement in the
independent review process led in the first instance by former Chief Justice of Canada, Antonio Lamer, and in the second instance, by
Mr Justice Patrick Lesage. In 2014, Colonel MacGregor was promoted to his current rank and assumed the duties of DJAG Operations
and later that year was appointed by the Minister of National Defence to the position of the Director of Military Prosecutions. (E)
___________Note on MacGregor, Bruce: listed as a witness before
the Standing Committee on Public Safety and National Security, on
Bill S-2, An Act to amend the Criminal Code and other Acts,
6 October 2010; see https://www.ourcommons.ca/DocumentViewer/en/40-3/SECU/meeting-32/notice
(accessed 30 May 2019);
___________on Colonel Bruce MacGregor, see CPAC, "Headline Politics: Reaction to Supreme Court Ruling on Canada’s Military Justice System", circa 27 July 2019, available at http://www.cpac.ca/en/programs/headline-politics/episodes/66026163 (accessed 30 July 2019); re R. v. Stillman, 2019 SCC 40 (CanLII), <http://canlii.ca/t/j1n56>;
___________ photo of Colonel Bruce MacGregor, participating in
panel 3 with others, 10 June 2019
ICJ / CIJ Canada @ICJCanada....[10 June 2019]
ICJCanada Conference at the University of Ottawa, 10 June 2019, "Facing Changes in the Military while Respecting the Rule of Law"
Photo by Marina Amaral at https://twitter.com/marinamaral2
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Image
source: ml-fd.caf-fac.ca/wp-content/uploads/2018/05/dmp-un.jpg,
accessed 19 May 2018
Col Bruce MacGregor (center)
____________Research note on Colonel Bruce MacGregor: "Director of
Military Prosecutions attends a high-level UN meetings on national
terrorism prosecutions", The Maple Leaf, at https://ml-fd.caf-fac.ca/en/2018/05/13623
(accessed 19 May 2018);
Colonel Bruce MacGregor, Director of Military Prosecutions and Co-Chair of the International Association of Prosecutors’ Network
of Military Prosecutors, was at UN Headquarters in New York on April 9-10, 2018 for high-level expert meetings on “Bringing terrorists
to justice before national courts: developing guidelines to facilitate the collection of information and evidence by military and other
relevant criminal justice actors within a rule-of-law framework”.The Counter-Terrorism Committee Executive Directorate, acting in collaboration with the International Centre for Counter-Terrorism
– The Hague and the UN Office on Drugs and Crime and within the framework of the Counter-Terrorism Implementation Task Force
Working Group on Legal and Criminal Justice Responses to Terrorism, has launched a project that aims to strengthen criminal justice
responses to terrorism by enhancing the role of the military in supporting the collection, sharing, and use of information and evidence.The Network of Military Prosecutors (NMP), which was officially launched at the 22nd International Association of Prosecutors
(IAP) Annual Conference in September 2017, embraces prosecutors from the military and the civilian justice systems and is available
to all members of the IAP dealing with military criminal cases, including prosecutors belonging to organizational members. The network
has been growing steadily, welcoming new members from Italy, Israel, Romania, Spain and Greece, and is continuing to reach out to
civilian prosecution services that are dealing with military criminal cases as well as The International Society for Military Law and the
Law of War.
[Also available in French/aussi disponible en français: "Le Directeur – Poursuites militaires participe à des réunions de haut niveau de
l’ONU sur les poursuites en matière de terrorisme national" à https://ml-fd.caf-fac.ca/fr/2018/05/13623 ]
___________"Successful outcome of Military SIGM [Special Interest
Group Meeting (for prosecutors)], 7/12/2017, available at iap-association.org/NMP/News/Successful-outcome-of-1st-Military-SIGM
(accessed 27 May 2018);
The first SIGM for prosecutors dealing with Military Prosecutions took place on Monday 12 September 2016 in
Dublin, Ireland during the 21st IAP Annual Conference and General Meeting on the topic “Independence in the
prosecution and investigation of military criminal cases both domestically and on international operations”.
Bruce MacGregor, The Canadian Director of Military Prosecutions and John Spierin, The Irish Director of the Military
Prosecutions facilitated the meeting. Speakers in session were; Jennifer Woodward, Director of Military Service, Australia,
David Antonyshyn, Lieutenant Colonel, Assistant Director of the Canadian Military Prosecutions and Albert van den Kerk
representing the Dutch Military Service. The session turned out to be a pure magnet on people and the organizers were
forced to reject several participants.
___________Testimony, Military
Police Complaints Commission, Fynes Public Interest
Hearings, Transcript of Proceedings, 10 September 2012,
Volume 44, pp. 1-155, available at http://mdlo.ca/wp-content/uploads/2013/05/
and go to the date of 10 September 2012 (accessed 30 December
2015);
--------
____________"Role of the Military Justice System: Accountability
of Soldiers and Commanders during Deployment", presented at 10th
Seminar for Legal Advisors, Legal Advisors and International
Military Operations on the African Continent, 6-10 May 2014,
Galway, International Society for Military Law and law of
War, available at http://www.ismllw.org/seminaires/2014_05_06_Galway_textes%20des%20orateurs/2014_05_08_03%20LtCol%20MacGregor.pdf
(accessed on 12 February 2015);
MacINNIS, LCdr D.M., "Cyber Warfare, The Law of Armed Conflict,
ROE and the Sufficiency of International Law", Canadian Forces
College, JCSP 40, Exercise Solo Flight, 2016, 12 p.; available
at http://www.cfc.forces.gc.ca/259/290/301/305/MacInnis.pdf
(accessed 2 February 2017);
Image
source:
http://www.inmemoriam.ca/view-announcement-522652-lieutenant-colonel-john-Following the war, John returned to Halifax where he used his veteran’s benefits to attend Dalhousie University Law School,
graduating in 1949. He re-joined the Army, as a member of the Judge Advocate General’s Branch. He served with the Canadian
Infantry Brigade Group in Korea in 1952-53 and retired from the Army in 1969 after postings in Shilo, Borden, Ottawa, Germany
and Winnipeg. He took up a new position in 1970 as legal advisor to the Atomic Energy Control Board. He was appointed a Queen’s
Counsel for his contributions to the writing of legislation and regulations governing the use of nuclear energy. John finished his public
service in the Department of Justice.
Following the war, John returned to Halifax where he used his veteran's benefits to attend Dalhousie University Law School, graduating in 1949. He re-joined the Army, as a member of the Judge Advocate General's Branch. He served with the Canadian Infantry Brigade Group in Korea in 1952-53 and retired from the Army in 1969 after postings in Shilo, Borden, Ottawa, Germany and Winnipeg. He took up a new position in 1970 as Legal Advisor to the Atomic Energy Control Board. He was appointed a Queen's Counsel for his contributions to the writing of legislation and regulations governing the use of nuclear energy. John finished his public service in the Department of Justice. - See more at: http://www.legacy.com/obituaries/ottawacitizen/obituary.aspx?pid=176225518#sthash.n4BfWFWR.dpuf
Born November 27, 1931, to Charles and Johan in Winnipeg, Donald attended United College and graduated from the University of Manitoba
with a Bachelor of Laws in 1957. During his education he served with the Canadian Military at Fort Churchill, Manitoba. After graduation
Donald served for five years in Ottawa with the Office of the Judge Advocate General retiring with the rank of Major. Donald returned to
Winnipeg and continued his career as legal counsel with the Metropolitan Corporation of Greater Winnipeg before entering private practice.
Image
source: http://www.citizensassembly.gov.on.ca/gallery1/en/LearningWeekend6.html,
accessed 13 September 2016
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Obituary of Louis MackayMACKAY, J.S.W.L., Lt. Col. (Ret’d) -age 65 of Upper Nine Mile River
passed away September 10, 2020 in Colchester East Hants Health Centre,
Truro. Born in Laprairie, Quebec, he was a son of the late Julien and Paulette
(Lavallée) Mackay.Louis joined the military in 1983 as an infantry officer with the 22nd Regiment.
He was called to the bar in 1992 with the Upper Law Society of Canada.
He finished his career as (A) JAG Atlantic. Louis retired to a small hobby farm
in Upper Nine Mile River.He is survived by his wife, Michele (LeBlanc); son, Hugues (Aimee);
grandchildren, Adelyn, Jack and Emme-Rose Mackay and Julia and David
MacWilliam; sisters, Christiane, Monique, and Hélène; brother, Paul,; numerous
nieces and nephews.Besides his parents, he was predeceased by his first wife, Claire. Due to COVID-19
restrictions, cremation has taken place and a funeral service will be held in Quebec
at a later date.
Source
of image: (2004) 1 Les actualités JAG Newsletter at p.
39___________on
Mackay, Louis, see the article : THORNE,
Stephen, "Canadian troops depart for Afghanistan", The Globe
and Mail, published 19 July 2003; updated 22 April 2009,
available at http://www.theglobeandmail.com/news/national/canadian-troops-depart-for-afghanistan/article25686424/
(accessed 13 October 2016);
There were hugs, kisses and plenty of tears as 150 troops said their goodbyes Saturday before departing
on a six-month mission into the great unknown of Afghanistan.
...
Defence Minister John McCallum reiterated the point Saturday, acknowledging that Canadians will be
in harm's way but reminding them that they are there for Canada's security as well as Afghanistan's.
...
...Major Louis MacKay of Halifax, a legal advisor to the brigade commander, said the troops are
well-equipped with what everybody is calling "robust" rules of engagement.It is Maj. MacKay's job to interpret those rules for the Canadian contingent. He said the interpretations
of "lethal force" vary among the nations involved but the Canadians, he said, "are equipped for everything.""As in any mission, the rules of engagement cannot negate the inherent right of self-defence."
On October 29, 2012, I approved the Chief of the Defence Staff’s recommendation to establish the position of the Canadian Forces Judge Advocate
General at the rank of Major-General from that of Brigadier-General and to promote the Judge Advocate General, Major-General Blaise Cathcart, to that rank.
The elevation of the Judge Advocate General’s rank is a significant recognition of the importance of the Judge Advocate General’s position in performing
two unique roles set out in the National Defence Act: legal advisor in matters relating to military law and superintendent of the administration of military
justice in the Canadian Forces. In the complex global environment within which the Canadian Forces operate, security challenges are more diverse and
complex than ever before. In these increasingly dynamic circumstances, mission success remains inseparable from adherence to the rule of law. Against
this backdrop, the role of the uniformed legal advisor as a source of independent and objective legal advice, takes on growing importance. The Judge
Advocate General is a key strategic advisor in the decision-making process.
- before the House of Commons Standing Committee on National Defence, meeting number 62, 30 January 2013, minutes and evidence;
- before the Standing Senate Committee on Legal and Constitutional Affairs, issue 37, 23 May 2013, minutes and evidence;
MacKENZIE, D.B., Captain, General List, Legal officer in military district number 13 in Calgary in 1944, see The Quarterly Army List, January 1944, Part I, London: His Majesty's Stationery Office, 1944 at p. 173 (bottom page number) or p. 183 (top page number), available at https://deriv.nls.uk/dcn23/8897/88977987.23.pdf (accessed 21 March 2019); the Assistant Judge Advocate General at military district number 13 that time was Major S. Wood, General List;
___________photo of Donald Bruce MacKenzie (not 100% sure it is
the JAG legal officer) in "Five Edmonton Lawyers Named on 1952
King's Counsel List", The Edmonton Journal, 2 January 1952
at p. 7, available at https://www.newspapers.com/image/, accessed
22 June 2020;
Donald Bruce MacKenzie
Image
source: artsandsciences.sc.edu/hist/s-p-mackenzie,
accessed 7 April 2017
S.P. MacKenzie
MacKENZIE, S.P., “The Shackling Crisis: A Case-Study in the Dynamics of Prisoner-of-War Diplomacy in the Second World War”, (February 1995) 17(1) International History Review 78-98;
MacKIE, Christopher S.T., "The Law of (Heraldic) Arms: Military's
Law's Long Lost Cousin", (May/Mai 2011) Sword &
Scale -- Salut militaire; available at http://www.cba.org/cba/newsletters-sections/2011/2011-03_military.aspx
and
http://www.cba.org/cba/newsletters-sections/2011/2011-03_military.aspx#article9
and
http://www.cba.org/CBA/newsletters-sections/pdf/2011-03_ss3.pdf
(accessed on 30
April 2012);
FRANÇAIS:
MacKIE, Christopher S.T., "Le droit des armoiries : le
cousin perdu du droit militaire", (May/Mai 2011) Sword & Scale -- Salut militaire;
disponible à http://www.cba.org/ABC/nouvelles-sections/2011/2011-03_military.aspx
et
http://www.cba.org/ABC/nouvelles-sections/2011/2011-03_military.aspx#article7
(site
visité le 30 avril 2012);
------
Bobbi-Jean MacKinnon, CBC Reporter, image
source:
Catherine Harrop, CBC journalist who took the photos for this
story
cbc.ca/news/canada/new-brunswick/n-b-newsmaker-dec-12-bobbi-jean-mackinnon-1.2871933
images source:
http://www.cbc.ca/news/canada/new-brunswick/catherine-harrop-1.3677511
still video at 00.20/03:37
-----------------
Prosecutor Capt. Marc-Andre
Ferron (Photo: Catherine
Harrop/CBC)
Defence lawyer Lt.-Cmdr. Brent
Walden (Photo: Catherine
Harrop/CBC)
Soldier
fined $1K and reprimanded for accessing porn on DND computer while
on duty. 2nd charge against Sgt. Brent Douglas Hansen of
accessing child porn dropped prior to Oromocto proceeding", CBC
News, 18 April 2018; President of Sgt Hansen's court martial was
Commander Pelletier; available at http://www.cbc.ca/news/canada/new-brunswick/soldier-pornography-gagetown-brent-hansen-1.4624564
(accessed 19 April 2018);
Image source: https://twitter.com/EmilyMMacKinnon,
accessed 13 March 2019
Emily MacKinnon
MacKINNON, Emily, L., Capt., lawyer and member of the AJAG,
reserve force; practices with McCarthy
Tetrault LLP, Toronto;
___________photo of MacKINNON,
Emily, from the JAG Annual Report 2018-2019, p. 10 of the French
report, see https://www.canada.ca/content/dam/dnd-mdn/documents/legal-juridique/reports-rapports/jag/jag-rapport-annuel-2018-19-fr-complet.pdf
(accessed 11 April 2020);
MacKINNON, J.L., LCol, was Deputy Judge Advocate General
(acting) in 1919, see "Wing Up Overseas Militia Ministry Soon
Possible", The Ottawa Citizen, 20 December 1919; retrieved from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2336205258?accountid=46526,
accessed 1 May 2020;
The following officers now have their headquarters
in Ottawa....Lt.-Col. J.L. MacKinnon, deputy judge-
advocate general (acting)....
MacKINNON, Leslie, "Top court upholds military justice system.
Defence minister can carry on filing appeals of court martial
decisions, judges rule", i Politics, 22 July 2016;
available at https://ipolitics.ca/2016/07/22/top-court-upholds-military-justice-system/
(accessed 22 August 2016);
Image
source: amazon.com/Vintage-photo-Portrait-W-H-S-Macklin/dp/B01B5FCK1U,
accessed 3 May 2018
W.H.S. MacKlin
MacKLIN, W.H.S. (Wilfred "Slim" Harold Stephenson), 1899-1966,
"Military Law" (January 1954) 8 Canadian Army Journal
31-2; title of article noted on 19 August 2017 in Chris
Madsen, Another Kind of Justice : Canadian
Military Law from Confederation to Somalia, Vancouver : UBC
Press, c1999, p. 190, note 18; Major General Wilfred
Macklin was the Adjudant General of the Canadian Army when he
retired in 1954; available at http://www.lareau-legal.ca/MacKlin12June18.pdf
(put on line on 12 June 2018);
MacLEAN, Lieutenant-Colonel D.A., "Rules of Engagement and the
Peacekeeper's Dilemma", AMSC 3 (Advanced Military Studies Course
3), Canadian Forces College, circa 2000, 26 p.; available at http://www.cfc.forces.gc.ca/259/260/263/macleand2.pdf
(accessed on 17 June 2012);
Abstract
The use of force by soldiers deployed on United Nations peacekeeping missions iscontrolled by Rules of Engagement (ROE). Depending on the mandate, some peacekeeping
missions have allowed peacekeepers to use force only in self-defence. In areas torn by civil
war or ethnic strife, soldiers have sometimes witnessed crimes and violent acts perpetratedagainst defenceless non-combatants. Depending on the mandate of the peacekeeping force
and on the ROE that have been prepared for the mission, soldiers may be precluded fromintervening due to their ROE. This paper argues that the restrictive nature of peacekeeping
ROE may create a situation where soldiers deployed on peacekeeping operations must dealwith ethical and moral dilemmas. The potential for such situations is so widespread that this
phenomena is not just isolated, but instead should be considered a real concern for all soldiers
deployed on peacekeeping operations
Image
source: ca.linkedin.com/in/swmaclean/zh-cn, accessed 2 July 2018
Stephen W. MacLean
MacLEAN, Stephen W., legal officer with the OJAG in Halifax since
July 2018, member of the Law Society of Nova Scotia, Stephen.MacLean@forces.gc.ca
(information as of 2 July 2018);
___________MacLean, Steve, Capt., legal officer appeared as
co-counsel for the prosecution with Maj. Patrice Germain in the
case referred to in the article: Peddle, Stuart, "Defence wants
crucial video evidence excluded in drug use court martial", The
Chronicle Herald, Halifax, 6 November 2018; available at https://www.thechronicleherald.ca/news/local/defence-wants-crucial-video-evidence-excluded-in-drug-use-court-martial-257175/,
accessed 13 November 2018; court martial of Leading Seaman
Christopher Edwards;
MacLEANS MAGAZINE, "Somalia Inquiry's Damning Report", 14 July
1997, available at http://www.thecanadianencyclopedia.ca/en/article/somalia-inquirys-damning-report/#links
(accessed 10 May 2017);
As well, some Liberals suggested that Eggleton felt it important to look especially decisive in order to win the confidence of senior officers.
From the outset, the Liberals expected the report to be tough on them - and suggested, in part, that the commissioners were motivated by
their frustration over the decision to end the hearings. "We gave these guys $25 million and 27 months, and it still wasn't enough for them,"
complained one PMO official. "How much is enough?"
Image
source: ctvnews.ca/col-williams-assaulted-victim-after-she-had-seizures-1.564944,
accessed 7 April 2017
MacLEANS MAGAZINE, "Russell Williams no
longer a colonel. Convicted serial killer
officially stripped of his rank", macleans.ca, 22 October 2010;
available at http://www.macleans.ca/news/canada/russell-williams-no-longer-a-colonel/
(accessed 16 January 2017);
1. On 21 Oct 10, Mr. Russell Williams, former Commander of 8 Wing, was sentenced to two concurrent terms of life in prison with no chance of parole for 25 years for the first-degree murders of Cpl Marie France Comeau and Mrs. Jessica Lloyd.
......
4. With the conviction and sentencing completed, and following my recommendation, the Governor General has revoked his commission, an extraordinary and severe decision that may constitute a first of its kind in Canadian history.
5. Further, the following actions will now be taken:
A. Stripping Mr. Williams of his medals
B. Termination and recovery of his pay from the date of arrest
C. Denial of severance pay; and
D. His prompt release from the CF under “service misconduct” – which is the most serious release item possible.
6. As a consequence of his release from the CF for “service misconduct” and of the revocation of his commission, Mr. Williams no longer possesses a rank as a member of the CF.7. I wish to point out that under the CF superannuation act, there are no grounds to revoke his pension and a court martial would not have any impact on these accrued benefits.
8. Some have questioned why Mr. Williams has not also been charged under the military justice system. I believe we need to understand why this is so. This is because there is no jurisdiction under the code of service discipline to try persons charged with murder where those murders took place in Canada. Mr. Williams was therefore tried and convicted of all of these 88 charges under the Criminal Code of Canada by a civilian court. Additionally there will be no further court martial on these matters because the National Defence Act specifically prevents an individual from being tried by court martial where the offence or any other substantially similar offence arising out of the same underlying facts have been previously dealt with by a civilian court. This basic principle sometimes known as “double jeopardy” is fundamental within our civilian and military justice system. With his current convictions and sentence to life imprisonment justice has already been served.
MacLEOD, Colonel B.W., "Law of Armed Conflict at the Operational
Level Rwanda and an Unlawful Order", AMSP (2000), AMSC 3
(Advanced Military Studies Course 3), Canadian Forces
College, 16 p.; available at http://www.cfc.forces.gc.ca/259/260/263/macleodb2.pdf
(accessed on 19 June 2012);
ABSTRACT
In the autumn of 1993 the United Nations (U.N.) authorised the deployment of a United Nations Assistance Mission
to Rwanda (UNAMIR) to supervise the transition to peace in accordance with the terms of the Arusha Accord signed
earlier that year. Unfortunately, the conditions were not met and genocide resulted in the massacre of approximately
800,000 people. Within the U.N. Headquarters, there was considerable debate as to what action to take. The options
ranged from a complete withdrawal of the force to its reinforcement. In the early weeks of what later became defined
as genocide, the U.N. Force Commander, General Dallaire reports that he received the worst of all possible orders – to
withdraw the force. General Dallaire refused the order on the grounds that to do so would result in the slaughter of
approximately 30,000 people under the protection of his UNAMIR force. This paper argues that, based on the laws of
armed conflict (LOAC) and other international laws and conventions, General Dallaire had a legal responsibility to
refuse this order as being unlawful.
"15519 Captain Sandra S Macleod (Hawes) (RMC 1986)",
everitas, posted by rmcclub, 14 April 2009, available at http://everitas.rmcclub.ca/?m=20090%2Fes_search%2F--&paged=37
(accessed 1 May 2016);
Where do you work? Chilly Beach Studios March Entertainment, Sudbury, ON and part-time as a legal officer with the Office of Judge Advocate General of the Canadian Forces (International law)
....
I originally chose the Royal Military College because of the Regular Officer Training Program (ROTP) with the Canadian Forces. Under this program, they paid me to study. It was a great program
which I highly recommend other students to consider.
....
If your schooling or work was away from your family, what was/is this like? I did two tours with the Canadian Forces away from my family (Bosnia and the Persian Gulf). During Canada’s response
to the 9/11 attacks, I was away from my family for 7 months. It was difficult but we all survived. As I was starting to be away from my family (more and more), this eventually contributed to my decision to take the job here in Sudbury.
[additional research note: the above image of LCdr Macleod also made the front cover of the JAG Les actualités --Newsletter, Volume 1 --2004]:
MacLEOD, Lt.-Cmdr. Sandra, "Pardons for New Zealand Soldiers of
the Great War" (June/Juin 2001) Sword
& Scale -- Salut militaire
3; available at http://web.archive.org/web/20050125074204/http://dev.cba.org/CBA/Sections/military/sword2001-06.pdf
(accessed on 18 April 2012);
FRANÇAIS:
MacLEOD, Lt.-Cmdr. Sandra, "Précis : Pardons pour des soldats
néo-zélandais de la Première Guerre mondiale" (June/Juin 2001) Sword & Scale -- Salut militaire
3; disponible à http://web.archive.org/web/20050125074204/http://dev.cba.org/CBA/Sections/military/sword2001-06.pdf
(site visité le 18 avril 2012;
MacLeod, Sandra S., "15519 Captain Sandra S Macleod (Hawes) (RMC 1986)", biographical notes
15519 Captain Sandra S Macleod (Hawes) (RMC 1986)
What is your occupation? Animation Project Management and Lawyer
Where do you work? Chilly Beach Studios March Entertainment, Sudbury, ON and part-time as a legal officer with the Office of Judge Advocate General
of the Canadian Forces (International law)
Please provide a brief summary of your career path. During High School, I worked at a number of jobs (McDonalds, United Cigar Store, Cambrian Fitness
Centre). Joined the Canadian Forces in 1982 and attended the Royal Military College in Kingston, ON and graduated with a Honours BA in Economics
and Commerce. Worked as a logistics officer with the Canadian Forces in Chilliwack, BC, Ottawa, ON and Halifax, Nova Scotia. Attended law school
at Dalhousie Law School and graduated with LLB in 1998. Joined the Office of the Judge Advocate General and completed a number of interesting
ortfolios within the CF. Primary interest and specialty was in International and Operational Law. During this time, I traveled extensively and did a tour
in the Balkans (Bosnia) as well being the Legal advisor to Canada’s Naval contribution in the Persian Gulf (Our Canadian response to the terrorist attacks (9/11).
I was one of the first investors in Chilly Beach.
How was I inspired to get this job? I never really had a master plan, although I admit that I always wanted to become a lawyer. My current career is the result
of the various paths I followed throughout the last 22 years.
Education: University Undergraduate Degree Royal Military College – Kingston, Ontario. 4 year degree which on top of the Honours BA requires the
students to be successful in physical fitness, military training, engineering and leadership courses. Dalhousie Law School – (3 years) law school program –
graduated in 1998. University Masters Degree Ottawa University – Studied courses under the MA (Economics) Studied under the Canadian Forces
Management training programs which are similar in structure and substance. University of Liverpool, United Kingdom (Diploma course – Laws of War)
[source: http://everitas.rmcclub.ca/law-day-many-ex-cadets-at-the-bar/, accessed 17 March 2018]
MacLEOD, Major Sherry, "JAG Social Fund Activities / Activités du
club social du JAG", (2006) 1 JAG Les actualités -- Newsletter
10;
Major Sherry MacLeod
___________ Linked in web page, available at https://ca.linkedin.com/in/sherry-macleod-811b0a10a?trk=pub-pbmap
(accessed 7 August 2017);
____________message "Fw: Retirement -- Major Sherry
MacLeod", 22 August 2018, from Bill & Ben (JAG Alumni):
1. After nearly 17 years of service in the Canadian Armed Forces, Major Sherry MacLeod will retire on 16 October 2018.
2. Sherry was called to the British Columbia bar in January 2001, and worked at a private law firm in Nanaimo, British Columbia
until she enrolled in the CAF as a legal officer in 2002.3. Over the years, Major MacLeod has served in a wide variety of legal positions including most recently as a Deputy Judge
Advocate in the Prairie Region. She worked as counsel within the Office of the DND/CF Legal Advisor; was as a Regional Military
Prosecutor; and started her career as a legal advisor in the Directorate of Law/Human Resources. She was fortunate to be posted
to Colorado Springs where she served as a Deputy Judge Advocate. For her work on the NORAD mission in Colorado Springs she
was awarded a United States Defense Meritorious Service Medal.4. Major MacLeod was deployed to Bosnia in 2005 in a double-hatted roll as legal advisor to both the NATO Commander and
the Canadian Contingent Commander. While there she served as the NATO representative on the Defence Reform Commission
Legal Working Group. For her service she was awarded the Canadian Peacekeeping Service Medal and a Non-Article 5 NATO
Medal for Operations in the Balkans.5. She spent nearly a year deployed to Afghanistan, in 2011 where she served as the Deputy Chief, Afghan National Army Legal
Development on the NATO Combined Training Mission – Afghanistan. For her work there she received the Canadian General
Campaign Star – South-West Asia. She was also awarded the United States Meritorious Service Medal.6. Finally she deployed to Kuwait in 2016 as the Legal Advisor to Operation Impact where she also spent time working in
Baghdad and Erbil, Iraq. For her service she was awarded the General Service Medal Expedition.7. Throughout her career, Sherry has been immensely supported by her husband, Grant, and her two wonderful sons Rembrandt
and Harlan. Sherry and Grant will be moving to Comox where she plans to spend her retirement gardening and channeling her
inner hippie artist and activist.8. Please join us in celebrating Sherry’s military career on Wednesday 3 October 2018 at the Officer’s Mess in Winnipeg – starting
at 1400hrs for a Depart with Dignity ceremony that will start at 1430hrs. Please RSVP your attendance to Major Cynthia Gaudreault
(cynthia.gaudreault@forces.gc.ca) by 28 September 2018, indicating your intent to attend the ceremony. Congratulatory messages,
anecdotes, photos or other memorabilia are encouraged.
----------////
1. Au terme de tout près de 17 années de service au sein des Forces armées canadiennes, Major Sherry MacLeod prendra sa
retraite le 16 octobre 2018.2. Après avoir été reçu au Barreau de la Colombie-Britannique en janvier 2001, Sherry a pratiqué le droit au sein d’un cabinet
privé à Nanaimo, en Colombie-Britannique, jusqu’en 2002 lorsqu’elle a joint les FAC à tire d’avocate militaire.3. Au fil des ans, Major MacLeod a occupée plusieurs positions, dont plus récemment celle de Juge avocate adjointe pour la
Région des Prairies. Elle a travaillé à titre de conseillère au sein du Bureau du Conseiller juridique du MND/FC, a servi en tant
de procureure régionale militaire et a débuté sa carrière comme conseillère juridique au sein de la Direction juridique/Ressources
humaines. Elle a également eu la chance d’être mutée à Colorado Springs où elle a servi à titre de Juge avocate adjointe. Pour son
travail à Colorado Springs en lien avec la mission de NORAD, elle s’est vu décerner la Médaille du service méritoire des États-Unis.4. En 2005, Major MacLeod a été déployé en Bosnie où elle a rempli un double rôle en agissant tant à titre de conseillère juridique
du Commandant de l’OTAN et du Commandant du contingent canadien. Pendant ce déploiement, elle a également agi à titre de
représentante de l’OTAN au sein du Groupe de travail juridique de la Commission de réforme de la défense. Pour son service, elle
a reçu la Médaille canadienne du maintien de la paix ainsi qu’une Médaille de l’OTAN Non-article 5 pour les opérations dans les
Balkans.5. En 2011, elle a été déployée en Afghanistan pour une durée de près d’un an où elle a servi au sein de la Mission multinationale
de formation de l’OTAN en Afghanistan en tant que Chef adjointe, Développement juridique de l’Armée nationale afghane. En
reconnaissance de son travail, elle s’est vu remettre l’Étoile de campagne générale – Asie du Sud-Ouest et la Médaille du service
méritoire des États-Unis.6. Finalement, elle a été déployée au Koweït en 2016 à titre de conseillère juridique pour l’Opération Impact où elle a également
travaillé à Bagdad et Erbil, en Irak. Pour son service, elle a reçu la Médaille du service général – Expédition.7. Tout au long de sa carrière, Sherry a pu bénéficier du soutien inébranlable de son mari, Grant, ainsi que de ses deux merveilleux
fils, Rembrandt et Harlan. Sherry et Grant déménageront à Comox, où elle planifie de profiter de sa retraite afin de jardiner et de
laisser libre cours à son côté d’artiste hippie et d’activiste.8. Vous êtes invités à vous joindre à nous pour célébrer la carrière militaire de Sherry le mercredi 3 octobre 2018 au Mess des Officiers,
à Winnipeg, dès 14h pour une cérémonie de départ dans la dignité débutant à 14h30. Veuillez S.V.P. confirmer votre présence auprès
de Major Cynthia Gaudreault (cynthia.gaudreault@forces.gc.ca) au plus tard le 28 septembre 2018. Les messages de félicitation,
anecdotes, photos ou autre souvenirs sont grandement encouragés.
___________on Sherry MacLeod, see the article: LEE, John,
"Military Law. Alumna Profile: Sherry MacLeod ('00) NORAD",
(Spring 2015) VISTAS THE UVIC LAW ALUMNI MAGAZINE 20-23; available
at https://issuu.com/uviclawalumni/docs/uviclaw-vistas7-spring2015-interact/22
(accessed 1 Janurary 2018);
___________on Sherry MacLeod, see "Sherry Macleod", UVicLaw News, Fall 2005-Winter 2007 at pages 48-49; available at uvic.ca/law/assets/docs/news/lawnews20052007.pdf (accessed 2 December 2019);
MacMILLAN, Billy Matthew (Matt), legal officer with the OJAG,
admitted to the Nova Scotia Bar in 2018; see the Nova Scotia
Barristers' Society Bar Admission Ceremony 2018, Halifax, 15
June 2018, available at http://nsbs.org/sites/default/files/ftp/CallToTheBarProgram2018.pdf
(accessed 27 September 2018);
BILLY MATTHEW MACMILLAN is the son of Billy and Pearl MacMillan of
Stellarton, is married to Amber Comisso, and is the proud father of Tessa and Mia
MacMillan. Matt received a Bachelor of Arts in business administration from the
Royal Military College of Canada, and his law degree from the Schulich School of
Law in 2017. He articled with Roger Strum of the Office of the Judge Advocate
General and Brad Sarson of Nova Scotia Legal Aid in Halifax. He will be a legal
officer in the Canadian Armed Forces.
___________ employed at the Office of The Judge Advocate General
(Central Region), 1 Yukon Lane, Toronto, ON M3K 0A1, matt.macmillan@forces.gc.ca;
source: http://nsbs.org/member-search/results/profile/117728,
accessed 27 September 2018; employed in the Ottawa OJAG in
2020;
____________photo hereunder of Matthew MacMillan with his wife,
source: https://everitas.s3.amazonaws.com/2009/09/img_0055.jpg,
accessed 22 October 2020;
Amber Comisso and Matt MacMillan, 2009, both are RMC graduates 2001.
MacMILLAN, J.M. (James M.), Major, legal officer, member of the
OJAG, Deputy Judge Advocate Central and Assistant
Counsel for Her Majesty the Queen in the case of R. v. Captain
L.M. Paquette, 1997 CanLII 17819 (CA CM), <http://canlii.ca/t/gtnsg> (accessed 10 May 2018);
___________on LCol James MacMillian in Artic Obiter -- The
Law Society of the Northwest Territories, June 2010 at p. 17
and available at https://www.lawsociety.nt.ca/data/public/arctic-obiter/ArcticObiter_June2010.pdf
(accessed 18 April 2020);
___________photo of LCol J. MacMillan, legal officer:
source:(2006) 1 JAG Les actualités -- Newsletter at p. 11
JAG Recognition... October 27, 2005--CD1 (22 years of service) presented to
LCol J. MacMillan, Maj D. McGowan, Maj R. Stoney and Sgt G. Taillon
(with MGen Jerry Pitzul in his blue uniform in the middle)
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
MacPHERSON, J., "Developments in Constitutional Law: The 1978-79
Term", (1980) 1 Supreme Court Law Review 77 at 111; may
comment on the MacKay decision [1980] 2 S.C.R 370; research on
this point started on 17 March 2019;
------------
Image source for above image: John W. Doull, Bookseller (A.B.A.C.)
(Dartmouth, NS, Canada),
accessed 9 May 2017
MacPHERSON, J. Pennington (James Pennington), 1839-1916, A
Catechism on Military Law as Applicable to the Militia of Canada
: Consisting of Questions and Answers on the Militia Act, 1883,
Rules and Regulations for the Militia, 1883 ... Together with a
Compilation of the Principal Points of the law of Eidence,
Montreal : J. Lovell, 1886, 191 p.; available at http://www.archive.org/details/cihm_11790
(accessed on 5 January 2011);
____________research note : found in Library and Archives
Canada: "The General Officer Commanding - Purchase of 500
copies of book on "Military Law" by Lt. Col. J.P. Macpherson for
issue on repayment to the Royal Military College, and the
different schools.", see http://collectionscanada.gc.ca/ourl/res.php?url_ver=Z39.88-2004&url_tim=2019-03-31T20%3A04%3A29Z&url_ctx_fmt=info%3Aofi%2Ffmt%3Akev%3Amtx%3Actx&rft_dat=3758724&rfr_id=info%3Asid%2Fcollectionscanada.gc.ca%3Apam&lang=eng,
accessed on 31 March 2019;
____________research note : found in Library and Archives Canada:
"The General Officer Commanding (26455) - Lt. Col. J.P. Macpherson
requests that his book on Military Law be officially recognized as
the textbook for the Militia of Canada", date: 1889/03/29; see http://collectionscanada.gc.ca/ourl/res.php?url_ver=Z39.88-2004&url_tim=2019-03-31T20%3A39%3A29Z&url_ctx_fmt=info%3Aofi%2Ffmt%3Akev%3Amtx%3Actx&rft_dat=3759645&rfr_id=info%3Asid%2Fcollectionscanada.gc.ca%3Apam&lang=eng
(accessed 31 March 2019);
___________research note: MacPHERSON, J. Pennington (James
Pennington), 1839-1916, is the author of Life of the Right
Hon. Sir John A, Macdonald, St. John, N.B., Earle Pub.
House, 1891, 2 volumes frontispieces, plates, portraits 23 cm;
MacPherson was his nephew;
___________research note: MacPHERSON, J. Pennington (James
Pennington), 1839-1916, see order-in-council 17381, date
approved: 1882-02-04, "Military
College - Min: [Minister of] Militia, 1882/02/02, rec
[recommends] printing at Kingston 200 textbooks on military
law for cadets' use", see http://www.bac-lac.gc.ca/eng/CollectionSearch/Pages/record.aspx?app=ordincou&IdNumber=17381&new=-8586475083869573984
(accessed 1 April 2019);
___________research note: MacPHERSON, J. Pennington (James Pennington), became on 7 October 1886, the Commanding officer of the Governor General's Foot Guards, see https://fr.wikipedia.org/wiki/Governor_General%27s_Foot_Guards#cite_note-history-11https://fr.wikipedia.org/wiki/Governor_General%27s_Foot_Guards#cite_note-history-11 (accessed 2 April 2019);
MacPHERSON, L., Captain, member of the OJAG, appears as co-counsel
for the prosecution in the court martial case of Hunt C.D.L.
(Captain), R. v., 2019 CM 4009 (CanLII), <http://canlii.ca/t/j0vw3>
;
MacPHERSON, Matthew, Captain, member of the OJAG, reserve force;
he attended the 2019 mandatory legal officer qualification course
at Canadian Forces Military Law Centre, CFB Kingston, see Access
to Information Act, DND Acess to Information and Privacy letter
dated 12 June 2019, File A-2019-00289;
source
of photo: geni.com/people/Duncan-MacTavish/6000000030410374201,
accessed 13 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
MacTAVISH, Kenneth Duncan, Captain (SB) - Officer - Order of the British Empire (OBE)
- RCNVR / Deputy JAG Navy -Awarded as per Canada Gazette of 5 January 1946 and London
Gazette of 1 January Home: Rockcliffe, Ontario. MacTAVISH. Duncan Kenneth, , LCdr(SB)(Temp)
[1.7.41] RCNVR, Cdr(SB)(Temp) [1.1.44] A/Capt(SB)(Temp(WHA) OBE~[5.1.46] Demobilized [ ]
"This Officer contributed greatly to the Canadian Naval Service by his legal knowledge and its
application to Naval matters. His appointment as Assistant Judge Advocate General, Deputy Secretary
of the Naval Board and from December 1942 until his retirement in August 1945 as Deputy Judge
Advocate General (Navy), were filled with superlative efficiency. His high personal qualities, his tact
and tolerance, have won him the respect and admiration of all with whom he came in contact."
Mike Madden, image source: http://www.dal.ca/academics/programs/graduate/law/graduate-life/recent-graduates/mike-madden.html,
accessed on 2 August 2014
MADDEN, Mike, "Comparative Cherry-Picking in a Military Justice
Context: the Misplaced Quest to Give Universally Expansive Meaning
to International Human Rights", Dalhousie University--Schulich
School of Law, 18 February 2014; ; available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2397734
(accessed on 2 August 2014); now published in (2014) 46 George
Washington International Law Review 713-763, available
at http://docs.law.gwu.edu/stdg/gwilr/PDFs/46-4/1%20Madden.pdf
(accessed on 6 January 2015);
Abstract
This article identifies, describes, and provides two military justice examples of a
phenomenon that is labeled as "comparative cherry-picking," whereby scholars
and jurists rely upon extra-jurisdictional law in their efforts to promote more expansive
human rights protections. The article then discusses some of the seemingly overlooked
pitfalls of the comparative cherry-picking phenomenon, including treaty denunciation,
"cheap talk", human rights backsliding, and desuetude – all of which could result in
counter-productive advocacy strategies on the part of human rights activists, when
increases to international human rights standards lead, in turn, to decreases in levels
of state protection of human rights. Thus, in addition to demonstrating the flaws with
the comparative cherry-picking phenomenon as a matter of positive international law,
this article also ultimately demonstrates how the phenomenon can be damaging to
the cause of those who care about human rights protections.
___________ “First Principles and Last Resorts: Complications of
Civilian Influences on the Military Justice System”, (2009)
9(3) Canadian Military Journal
49-57, available at http://www.journal.forces.gc.ca/vo9/no3/08-madden-eng.asp
(accessed on 28 August 2009); also available at SSRN:
http://ssrn.com/abstract=1373671, see http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1373671
(accessed on 28 August 2009);
FRANÇAIS :
___________"Principes premiers et derniers recours :
complications nées des influences civiles sur le système de
justice militaire", (2009) 9(3) Revue
militaire canadienne 49-57, disponible à http://www.journal.forces.gc.ca/vo9/no3/08-madden-fra.asp
(vérifié le 28 août 2009);
___________"International Humanitarian Law / Laws
2205.03 -- Three credits -- Course Syllabus Jan 2012", available
at http://law.dal.ca/Files/Course_Outlines_2011/Winter__2012_LAWS_2205_International_Humanitarian_Law_by_Mad.pdf
(accessed on 21 May 2012);
___________"Keeping Up with the Common Law O'Sullivans? The
Limnits of Comparative Law in the Context of Military Justice Law
Reform", (2013) 51(1) Alberta
Law Review 125-152; also available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2269098
(accessed on 15 February 2014); available at http://www.albertalawreview.com/index.php/ALR/article/viewFile/60/60
(accessed 10 September 2016);
___________"Latest news from Canadian military justice",
available at http://www.foroijm.org/noticia/lastes-news-form-canadian-military-justice/
(accessed 23 August 2016); news dates: 22 July 2016, 25 July 2016;
__________"Making Use of Neutral Forces: Mediation of
Performance Appraisal Disputes within the Canadian Forces",
(Autumn 2011) 11(4) Canadian
Military Journal; available at http://www.journal.forces.gc.ca/index-eng.asp
and http://www.journal.forces.gc.ca/vo11/no4/08-madden-eng.asp
(accessed on 15 December 2011); also available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1604729
(accessed on 2 August 2014);
FRANÇAIS :
___________"Le recours à des forces neutres: la médiation pour
régler les différends portant sur l'appréciation du rendement au
sein des Forces canadiennes', (automne 2011) 11(4) Revue militaire canadienne;
disponibe à http://www.journal.forces.gc.ca/index-fra.asp
et http://www.journal.forces.gc.ca/vo11/no4/08-madden-fra.asp
(vérifié le 15 décembre 2011);
Image
source:
http://mdlo.ca/wp-content/uploads/2016/01/2015-Conference-Proceedings.pdf,
accessed 22 January 2016
Mike Madden
___________"A Model for Excluding Improperly or
Unconstitutionally Obtained Evidence"(January 12, 2015) Berkeley
Journal of International Law (BJIL), Forthcoming; available
at SSRN: http://ssrn.com/abstract=2548851
, accessed 1 December 2015;
Image
source: http://www.navalreview.ca/volume6-issue4/,
accessed on 11 May 2014
___________"Naval Chameleons? Re-Evaluating the Legality of
Deceptive Lighting Under International Humanitarian
Law", (2011) 6(4) Canadian
Naval Law Review 4-9; available at http://naval.review.cfps.dal.ca/archive/8465465-5645648/vol6num4art2.pdf
(accessed
on 22 May 2012);
Discussion on perfidy in IHL, particularly as the concept is applied to deceptive lighting of warships at sea. An analysis of conventional and customary IHL
will demonstrate that many ambiguities and grey areas exist in the laws that purport to distinguish between permissible ruses of war and illegal acts of perfidy.
An investigation into the practice of deceptively lighting naval vessels during armed conflicts will reveal that some more careful analysis of the practice might
be necessary for Canadian naval commanders if they wish to avoid violating perfidy prohibitions.
(source: http://web.archive.org/web/20120119140132/http://www.icrc.org/eng/assets/files/2011/ihl-bibliography-2nd-trimester-2011.pdf, p. 22, accessed 16 March 2015)
Image
source: https://global.oup.com/academic/product/journal-of-conflict-and-security-law-14677962?cc=ca&lang=en&,
accessed 28 September 2016Abstract
A combatant in an armed conflict, like a wolf in sheep’s clothing, can seek to gain a tactical or strategic advantage by resort to deception and trickery.
International Humanitarian Law (IHL), however, distinguishes between permissible ruses of war and illegal acts of perfidy. How, then, should combatants
conduct themselves so as to avoid violating IHL’s perfidy prohibitions? This article argues that belligerents should interpret prohibitions against perfidy
in a purposive manner (looking to causative links that may exist between perfidy and harm) in order to avoid eroding the protection that IHL affords to
designated groups. A close analysis of potentially perfidious land, air and sea combat practices will further reveal that some accepted practices may
need to be reassessed and/or ceased if States wish to comply with purposively interpreted perfidy prohibitions.
(source: http://jcsl.oxfordjournals.org/content/17/3/439.abstract, accessed 4 July 2016)
___________on MADDEN, Mike, on career in Canadian Forces and
publications, see https://ca.linkedin.com/in/mike-madden-2893b911
(accessed 24 February 2019);
___________on MADDEN, Mike, now is doing his PhD at Ottawa
University, see https://techlaw.uottawa.ca/people/madden-mike
(accessed 5 January 2021)
Biography
Mike Madden is a PhD in Law candidate at the University of Ottawa Centre for Law, Technology and Society, under
the supervision of Prof. Elizabeth Judge.Mike Madden’s research focuses on the use of computer-based Natural Language Processing techniques, together with elements
of applied linguistics theory, as a means of assessing the readability and comprehensibility of various sources of law and legal information.Mike Madden completed both his LLM and MA in English at Dalhousie University. He has published widely in law journals from around
the world, primarily on topics relating to criminal law and procedure, international law, evidence law, military law, and judicial/appellate
review. His publications have been cited by all levels of court in Canada, including two articles that have been cited by the Supreme Court
of Canada (in 2016 and 2019).Prior to commencing his PhD, Mike Madden spent 25 years in the Canadian Forces where he first served as an Artillery Officer, then
as a Naval Operations Officer, and finally as a Legal Officer within the Office of the Judge Advocate General. In this last capacity, he
was frequently the lead instructing counsel and policy architect for Bills proposing legislative amendments to the National Defence Act,
such as Bill C-77, an Act that fundamentally transforms the Canadian Forces’ summary trial system into a non-criminal, non-penal
forum for maintaining military discipline. His last posting was as the Director of Military Personnel Law, where he was the senior legal
advisor to the Canadian Forces’ Chief of Military Personnel (essentially the Chief Military Human Resources Officer), providing legal
advice and support in respect of diverse military administrative, employment, and human rights law questions.
Image
source: https://journals.uvic.ca/index.php/appeal/issue/view/937/showToc,
accessed 28 September 2016
___________“Sui Not-So-Generous:
The Unconstitutionality of Canadian Court Martial Jury
Trials”, (2009) 14 Appeal:
Review of Current Law and Law Reform 24-36; available
at http://works.bepress.com/cgi/viewcontent.cgi?article=1002&context=mikemadden
(accessed on 20 October 2009); also available at SSRN:
http://ssrn.com/abstract=1384178; see http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1384178
(accessed on 28 August 2009);
MADDEN, Mike and J. Jason Samson. “Entrench the Bench! Canada’s
Pressing Need for a Permanent Military Court.” (2009) 55 The Criminal Law Quarterly 215-239;
with
the same title at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1473451
(accessed on 6 July 2010);
Chris Madsen, photo reproduced from http://www.cfc.forces.gc.ca/136/284-fra.html
(accessed on 31 March 2014)
MADSEN, C.M.V. (Chris Mark Vedel), 1968-, Another Kind of Justice : Canadian Military Law from Confederation to Somalia, Vancouver : UBC Press, c1999, x, 236 p., ISBN: 0774807180; Research Note: see important and excellent bibliography at pp.195-220; limited preview available at http://books.google.com/books?id=uPJIvl19-koC&printsec=titlepage&dq=Canadian+Military+Law+Annotated&lr=&as_brr=0&source=gbs_toc_s&cad=1 and at http://books.google.com/books?id=uPJIvl19-koC&dq=Canadian+Military+Law+Annotated&lr=&as_brr=0&source=gbs_summary_s&cad=0 (accessed on 9 July 2008); chapter 1, "Modest beginnings" is available at https://www.ubcpress.ca/asset/12440/1/9780774807180.pdf (accessed 5 February 2019); copy at the Library of the Supreme Court of Canada, KF7209 M33 1999 (Room E); copy at Ottawa University Law Library: KE 6800 .M32 1999; IMPORTANT CONTRIBUTION;
___________"Canada's troops lack solid grasp of military law" 28
April 1997 27(2) University of Calgary Gazette; available
at http://www.ucalgary.ca/uofc/events/unicomm/Research/somalia.html
(accessed on 23 April 2014);
When Madsen applied for the defence department's R.B. Byers Fellowship at the end of 1995, officials were making erroneous statements about Canadian military
history by declaring the Somali incident to be the first of its kind."It just wasn't true," Madsen says. "Military history is one of these areas they've ignored . . . . These aren't new problems."
Canadian soldiers have been involved in other criminal acts, including the rape of civilians in the Korean war, and the murder of nine prisoners in the Boer War.
Madsen says the army tends to assign blame to individuals and look no further. His report, however, will propose several systemic changes.
Parliament must, he says, take a more active role in shaping defence policy and limit the role of bureaucratic "mandarins." One question that's never been
satisfactorily addressed is why Canadian soldiers -- particularly an airborne regiment -- were in Somalia in the first place. Just because Canada has a history of
peacekeeping involvement doesn't mean the military should take on every assignment that comes up, he says.A reorganization of the Judge Advocate General's office, the main unit in the defence department that deals with legal matters, would prevent some of the
"stagnation" that has reduced the office's effectiveness, he says. For example, bringing in civilian lawyers would help in such areas as real estate law, international law and contracts."There is a myth that soldiers can only talk to other soldiers," Madsen says.
___________"The Canadian Army and the Maltreatment of Civilians: The Korean Example", unpublished paper presented at the Qualicum History Conference, 5 February 1994; title noted in WATSON, Brent Byron, Far Eastern Tour: The Experiences of the Canadian Infantry in Korea, 1950-53, infra, at p. 380, footnote 55 (thesis) and p. 215, note 54 (book form);
Image
source: http://www.riverwashbooks.com, accessed on 6 January 2015___________"Courts Martial in the Royal Canadian Navy,
1951-1967", in Richard Howard Gimblett, 1956-, and Richard
O.(Richard Oliver) Mayne, 1971-, eds., People, Policy and Programmes:
Proceedings of the 7th Maritime Command (Marcom) Historical
Conference (2005) / Des Personnes, des politiques et
des programmes: actes de La 7e Conférence du Commandement
Maritime (Comar) Sur L'Histoire Militaire (2005),
Ottawa: Canadian Naval Heritage Press, 2008, 287 p.; ISBN: 0662480503; 9780662480501; copy at University of
Ottawa, FC 231 .M37 2005;
___________Chris Madsen's Publications available at https://ca.linkedin.com/in/chris-madsen-31589350
(accessed on 21 August 2017);
Image
source: http://publications.gc.ca/site/eng/312749/publication.html,
accessed 6 January 2015
___________Kurt Meyer on Trial:
A Documentary Record / edited and introduced by P. Whitney
Lackenbauer and Chris M.V. Madsen, Kingston, Ontario :
Canadian Defence Academy Press, 2007, xi, 697 p., ISBN:
9780662461692 and 066246169X; Read it all at https://www.academia.edu/222219/Kurt_Meyer_on_Trial_A_Documentary_Record._Kingston_CDA_Press_2007._xii_697_pp._With_Chris_Madsen._
(accessed 3 May 2018);
___________"Legal Education in the Canadian Forces
from Historical and Contemporary Perspective", Paper
presented on a Continuing Legal Education (CLE) panel “The State
of Military-Legal Education in Canada” at the Canadian Bar
Association Canadian Legal Conference and Expo in Vancouver,
British Columbia on 16 August 2005, 30 p.; available at http://www.cba.org/cba/annualmeeting/pdf/2005_madsen.pdf
(accessed
on 23 July 2008);
___________"Military Justice, The Anglo-American Tradition",
article, published on line, 11606 words, in Military
History, ISBN: 9 780 19979 1279, Oxford Bibliographies, see http://www.oxfordbibliographies.com/view/document/obo-9780199791279/obo-9780199791279-0045.xml#obo-9780199791279-0045-bibItem-0001
(accessed on 23 January 2013); note: "Oxford Bibliographies
Online is available by subscription and perpetual access to
institutions and individuals. For more information or to
contact an Oxford Sales Representative"; see also http://www.oxfordbibliographies.com/view/document/obo-9780199791279/obo-9780199791279-0045.xml
(accessed 10 January 2016);
GeneralBecause each nation has different laws and traditions, it is hard to make generalizations about military justice applicable to all, though commonalities
certainly exist. Each armed forces is unique in character, and even within those, individual service environments may have distinct attitudes and methods
in regard to the maintenance of discipline. The historical trend has been toward greater uniformity across armed forces and closer mirroring of civilian
criminal jurisprudence, in response to societal change. Reform of military law periodically becomes an issue when it falls too far behind or when some
particular event happens that shakes public confidence in the military. Sherrill 1970 notes the practical nature of military justice as a separate form of
legal jurisprudence that serves the particular needs of militaries in being operationally effective. Bishop 1974 describes the public pressure that can build
when doubts are raised about militaries that have not performed according to expectations and the disappointment in the administration of military justice.
Many writers are critical of military justice, premised either on the need for improvement or on the backwardness and supposed conservatism of military
institutions. Other writers focus on the general aim and mechanics of military justice (for our purposes here, as practiced in the United States; other nations
have similar how-to works). Davidson 1999 provides a basic guide to the practice of military criminal law geared toward a predominantly nonlegal audience,
especially those either in or entering the military profession. Morris 2010 meets a similar need and, in focus and content, reflects the broader interpretation
given to military justice today compared with earlier decades. Military justice, or rather military legality, touches upon many operational matters of interest
to militaries, because the requirement for discipline and good behavior in the military context cannot be divorced from the core mandate of armed forces.
Historical treatment of military justice is still catching up to this broader focus and to changes to military law itself. It is a very specialized field that requires
some knowledge of the law and how it has been practiced in armed forces over time. In the early 21st century, good overviews focused on the history are yet
to be written.
[source: http://www.oxfordbibliographies.com/view/document/obo-9780199791279/obo-9780199791279-0045.xml#obo-9780199791279-0045-bibItem-0002, accessed 10 January 2016]
___________Military
law and operations, Aurora (Ontario): Canada
Law Book, c2008-, three loose-leaf volumes, 26 cm.; Updated once or twice a
year, ISSN:1918-2236;
copy at the Supreme Court of Canada Library KF7210 ZA2
M33 2008 (Room E); copy at Montreal Court House, reference: KE 6800 M183 Cour; copy at Parliament
Library and copy at Library and Archives Canada;
see 2011 
detailed Table of
Contents; see recent 2016 Table
of Contents; IMPORTANT
CONTRIBUTION;
___________"Military
Law, the Canadian Militia, and the North-West Rebellion of 1885",
(Spring 1998) 1(1) Journal of Military and Strategic Studies
-- The Electronic Journal of the Centre for Military and
Strategic Studies, article number 5; available at http://web.archive.org/web/20031008215733/http://www.stratnet.ucalgary.ca/journal/1998/article5.html;
also available at http://www.jmss.org/jmss/index.php/jmss/article/view/21/20
(accessed on 24 March 2012) also available at file:///C:/Users/Owner/AppData/Local/Temp/57621-Article%20Text-156545-1-10-20090603-1.html
(accessed 18 April 2020); IMPORTANT
CONTRIBUTION;
___________"Military Responses and Capabilities in Canada's
Domestic Context Post 9/11", (Spring 2011) 13(3) Journal of Military and Strategic
Studies 1-18; available at http://www.jmss.org/jmss/index.php/jmss/article/view/409
(accessed on 24 March 2012); also available at http://jmss.synergiesprairies.ca/jmss/index.php/jmss/article/viewFile/409/417
(accessed 3 July 2015); also available at http://jmss.org/jmss/index.php/jmss/article/view/409/417
(accessed 11 June 2017);
___________on Chris Madsen, see HARRIS, Greg, "Canada's
troops lack solid grasp of military law", University of
Calgary Gazette, 28 April 1997, vol. 27, number 2; article
about the work of Chris Madsen; available at (accessed 3 March
2017);
Giving Canadian soldiers a stronger grounding in military law would help prevent other tragedies like Somalia, says a U of C post-doctoral fellow.Chris Madsen, a research fellow in the U of C's Strategic Studies Program, will make that recommendation and others in a report to the Department of National Defence in August.
He says the torture and murder of Somali teen Shidane Arone in 1993 can be seen, in part, as "symptomatic of a training deficiency.
"The Canadian army calls itself a professional force, but somewhere along the line they forgot professionalism is something you continually have to work on," says Madsen.
A soldier's knowledge of military law tends to begin and end with rules of engagement, but proper interpretation of those rules requires a sound knowledge of military law, he says. And in the last 30 years, there has been a "gradual slide" in the way military law has been taught to service personnel.
When Madsen applied for the defence department's R.B. Byers Fellowship at the end of 1995, officials were making erroneous statements about Canadian military history by declaring the Somali incident to be the first of its kind.
"It just wasn't true," Madsen says. "Military history is one of these areas they've ignored . . . . These aren't new problems."
Canadian soldiers have been involved in other criminal acts, including the rape of civilians in the Korean war, and the murder of nine prisoners in the Boer War.
Madsen says the army tends to assign blame to individuals and look no further. His report, however, will propose several systemic changes.
___________"Victims of Circumstance: The Execution of German
Deserters by Surrendered German Troops under Canadian Control in
Amsterdam, May 1945", (1993) 2(1) Canadian Military History
93-113; available at http://www.wlu.ca/lcmsds/cmh/back%20issues/CMH/volume%202/issue%201/Madsen%20-%20Victims%20of%20Circumstance%20-%20the%20Execution%20of%20German%20Deserters%20by%20Surrendered%20German%20Troops%20Under%20Canadian%20Control.pdf
(accessed on 21 May 2012); also available at http://scholars.wlu.ca/cgi/viewcontent.cgi?article=1121&context=cmh
(accessed 7 January 2016);
Canadian newspapers, after interviews with former Canadian officers and other witnesses, presented strong evidence of active Canadian participation in the execution.
Conseqently, Brigadier William J. Lawson, then Judge Advocate General, appointed Group Captain J.H. Hollies to undertake a full departmental investigation. This
military legal officer searched relevant Canadian documents, and made a three-day whirlwind trip to West Germany. Based on Hollies' findings, an embarrassed Hellyer
confirmed, in the House of Commons on 21 December 1966, Canadian involvement in the execution, but suggested "that in view of the fact it is now over 20 years since
the war ended, nothing is to be gained by carrying this matter further." [p. 108, footnotes omitted]
MAGUIRE, John C. (John Campbell), 1957-, "Fashioning an Equitable
Vision for Public Resource Protection and Development in Canada:
The Public Trust Doctrine Revisited and Reconceptualized, (1997)
7(1) Journal of Environmental Law and Policy 1-42;
Image source: www.linkedin.com (accessed 18 May 2015)
John Maguire
___________Linked in, available at https://www.linkedin.com/pub/john-maguire/6b/a6/b54?trk=seokp_posts_secondary_cluster_res_author_name
(accessed on 26 April 2015); vast military experience;
___________on MAGUIRE, Commander John, see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa
: Office of the Judge Advocate General, c2002, at pages 139 and
141, available at 103-242;
___________on MAGUIRE, Commander John, see Pugliese, David, "Rank injustice: Seven cases from Canada's military: A Nine-Part Report", The Ottawa Citizen, 12 October 1999, at p. 12;
Some worry that the Defence Department is further ensuring that outsiders can't see how it investigates itself
with recently announced changes to the military justice system. Those changes give the Canadian Forces, for
the first time, the jurisdiction to try sexual assault cases involving military personnel in Canada.But Cmdr. John Maguire, who was involved in the development of the new policy changes in the military
justice system, said the Defence Department decided it needed jurisdiction over sex assaults because such
incidents are damaging to a unit's cohesion and impair military efficiency. He said the NIS is in charge of
investigating sex assaults.Court martial rulings, he also pointed out, are often more harsh than civilian courts in dealing with sexual
assault.Cmdr. Maguire also dismissed concerns that because those in the military justice system wear a uniform
and salute senior officers, there is a lack of independence. "We have a strong sense of duty to uphold law,"
he said. "We are obliged under regulation to enforce law. Every member of the (Canadian Forces) is required
to report infractions. There is a code of ethics."
Paul Cluff, journalist, image source:
https://ca.linkedin.com/in/paulcluff
___________on Maguire, John, see CLUFF, Paul, "Maguire"s military
career one for the ages", Goderich Signal Star, 16 April
2013, available at http://www.goderichsignalstar.com/2013/04/16/maguires-military-career-one-for-the-ages
(accessed on 7 June 2014);
After earning a Bachelor of Arts, Bachelor of Laws and a Masters Degree in Law,
Maguire served as a prosecutor in Atlantic Canada and as defence counsel at Canadian Forces Europe bases in Germany.
He was deployed to the Arabian Gulf – the first legal officer since the Korean War to serve on active service with a Naval Task group.
Maguire was deployed in Bahrain during the Gulf War as legal advisor to the Commander of the Canadian Forces Middle East.
In the late 1990’s, he played a formative military justice policy development role in the post-Somalia inquiry transformation of
Canada’s military justice system.That led to some of the most sweeping set of reforms to Canada’s National Defence Act since 1950 and modernization of the trial
system and Court Martial Appeal Court Rules.After serving in Ottawa for a year as the special assistant to the JAG, Maguire returned to Halifax in 2001 to become the Assistant
Judge Advocate for the Atlantic Region. Responsibilities entailed the provision of legal advice and services for all aspects of military
law to all sea, land and air units of the Canadian Forces in the Atlantic provinces.He received a JAG Commendation for supporting the Commander of the Maritime Forces Atlantic in response to the 9/11 terrorist
attacks and follow-up on naval deployments to the Persian Gulf.Maguire was deputy legal advisor to the NATO commander, Stabilization Force in Bosnia and received Commendation for his work
on law reform there, from U.S. Lieutenant-General William Ward.Back in Canada, Maguire worked for the Department of Justice’s Legal Service Unit, responsible for claims and civil litigation. He
In recent years, he served as head of the independent Canadian Military Prosecution Service, supervising a number of
later became a Deputy Judge Advocate General/Operations, responsible for the provision of all operational legal advice and
services by legal officers deployed to Afghanistan, Congo and Sudan. Maguire deployed to Afghanistan to provide mission-critical
legal advice on targeting, use of force, detainee transfer, and other issues to the Commander, Commander Joint Task Force Afghanistan.
legally ground breaking, high profile cases. In 2010, he became the first regular forces legal officer to appear as Crown
Counsel before the Supreme Court of Canada.
___________on Maguire, John see the following article written with
the JAG: PITZUL, Jerry S.T., Brigadier-General, and John C.
Maguire, Commander, "A Perspective on Canada's Code of Service
Discipline", JAG Newsletter, Vol. IV: Oct-Dec 1999,
pp. 6-16; "Originally presented: Saturday, August 1, 1998 ABA
Annual Meeting General Practice and Small Firm Section Toronto
Canada"; the article has three parts: "A. The Development of
Canada's Military Justice System to 1950"; "B. Subsequent
Developments in Canadian Military Law"; and "C. The Future:
Canadian Military Justice in the 21st Century"; also published
in Eugene R. Fidell and Dwight Hall Sullivan, eds., Evolving
Military Justice, Annapilis (Md.): Naval Institute Press,
2002, at pp. 233-245, ISBN: 1557502927, limited preview available
at http://books.google.com/books?id=G3tYljWV_zEC&printsec=titlepage&dq=%22canadian+military+law%22&lr=&as_brr=3&source=gbs_toc_s&cad=1#PPA233,M1
(accessed on 9 July 2008); with the same title in (2002) 52 The Air Force Law Review
1-15, available at http://www.afjag.af.mil/library/index.asp
(accessed on 12 January 2012) and http://www.accessmylibrary.com/archive/4897-air-force-law-review/january-2002.html
(accessed on 29 January 2011); with same title in 1 Modern
Legal Systems Cyclopedia § 1.30.5 (Kenneth Robert Redden
& Linda L. Schlueter, eds., 2000);
FRANÇAIS :
__________sur Maguire, John vois l'article qu'il a écrit avec le
JAG: PITZUL, Jerry S.T., Brigadier-général et John C.
Maguire, Commander, "Une perspective sur le Code de discipline
militaire du Canada", JAG
Bulletin d'actualités, Volume IV, octobre-décécembre
1999, pp. 17-28; "Présentation originale: Samedi, 1er août
1998 Réunion annuelle de ABA Section des études de pratique
générale et des petites entreprises Toronto (Canada)"; l'article
comprend trois parties: "A. L'évolution du système de justice
militaire du Canada jusqu'en 1950"; "B. Développements subséquents
du droit militaire canadien"; "C. L'avenir: la justice militaire
canadienne au 21e siècle";
Cdr John Maguire receiving his diploma of achievement for the OPDP
program from BGen Pierre Boutet, JAG, image source: JAG
Newsletter/Bulletin d'actualités du JAG, volume 1, Part 1,
Jan-Feb 98 (posted 21 December 2016)
___________Out of Conflict: A Principled Vision for the Future of the Crown-Aboriginal Fiduciary Relationship, LL.M. thesis, Dalhousie University, 1997, x, 396 p.; available at http://www.nlc-bnc.ca/obj/s4/f2/dsk2/ftp04/mq24876.pdf (accessed on 3 March 2012); Captain (N) Maguire was appointed Director of Military Prosecutions (DMP) by the Minister of National Defence on 19 September 2009;
- 2 December 1999, to give consideration to the bill, available at https://sencanada.ca/en/Content/Sen/committee/362/lega/04ev-e (accessed 28 October 2017);
- 15 December 1999, to give consideration to the bill, available at https://sencanada.ca/en/Content/Sen/committee/362/lega/07ev-e (accessed 28 October 2017);
Percy H. Maguire was born in Elgin, Manitoba, on October 14, 1899. His family moved to Saskatchewan
in 1910, and he attended high school in Saskatoon. In 1918 he enlisted in the Royal Air Force and then
entered the University of Saskatchewan, graduating with a Bachelor of Arts degree in 1921 and a law
degree in 1924. Mr. Maguire was admitted to the Bar in 1924 and spent the following year studying as a
special student at Harvard Law School.From 1925 to 1936, he practiced in partnership with Carroll, Sheppard & Maguire. In 1936, he and
Emmett Hall formed their own law firm in Saskatoon. In 1937, Mr. Maguire was appointed King’s Council.
He practiced law in Saskatoon until he was appointed to the Court of Appeal in 1962.During the Second World War, he served for a time as acting City Solicitor. He also served
for four years in Ottawa in the Judge Advocate-General’s office for the Canadian Army.
Mr. Maguire was discharged in 1946 with the rank of Major.During his years in Saskatoon, Mr. Maguire was active in civic affairs and was a member of many service
clubs. He served as vice-president of the Saskatchewan chapter of the Canadian Bar Association in 1959
and 1960, and served as the president of the Saskatoon Bar Association. He was also one of the first
directors of the Saskatoon Hilltops.Justice Maguire served on the Court of Appeal until his retirement in 1974. He passed away on November 19,
1984.
[Emphasis in bold and oversize added by François Lareau]
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(1) (2) (3)
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
Image
source: http://cbmllp.com/portfolio/john-mah/,
accessed 16 August 2016John Mah, Q.C., is a partner in the law firm Chomicki Baril Mah LLP in Edmonton, Alberta, and Hong Kong.
He is a Lieutenant Colonel in the Office of the Judge Advocate General (JAG) in the Canadian Forces. He is
also a past Governor of the University of Alberta and past National Chair of the Hong Kong-Canada Business
Association. He was the first Chinese Canadian to be appointed as Chancellor of the Priory of Canada of the
Most Venerable Order of the Hospital of St. John of Jerusalem. In 2009, he was promoted to Bailiff Grand
Cross, the highest grade of the Order.
Image
source: https://gowlingwlg.com/en/canada/people/erica-maidment,
accessed 14 May 2016Résumé
Jusqu'à présent, les obligations juridiques des états utilisant les compagnies militaires privées pour défendre leurs forces militaires publiques n'étaient pas très définies.
Récemment, des initiatives internationales telles que "Montreux Document" et le "Draft International Convention on the Regulation, Oversight and Monitoring of Private
Military and Security Companies" ont tenté de clarifier le droit afin de réduire les risques posés par l'utilisation de compagnies privées dans un rôle militaire. Cet article
cherche à situer le Canada dans ce cadre juridique amilioré et à fournir un point de départ à des recherches futures dans ce domaine.
[source pour le résumé: https://biblio.caij.qc.ca/recherche#q=(military%20law)&first=10&t=biblio&sort=relevancy&m=detailed&i=5&sb=advanced&bp=results, site consulté le 24 septembre 2017]
Ilario MaioloIlario Maiolo is a lawyer and part-time-professor at the University of Ottawa. Previously, he worked for the Canadian Red
Cross as Senior Legal Advisor before becoming the Director of government relations, policy and international human rights.
Before joining the Red Cross, Ilario worked as a Consultant for Global Affairs Canada. He also gave conferences in
universities across Canada on the themes of international human rights and international law regarding natural and human
disasters and published two articles on this matter. Ilario is a member of the Barreau du Québec and the Law Society of
Ontario. He studied at the University of Ottawa and is licensed in civil (LL.L.) and Common Law (LL.B.). He also holds
a masters degree in international law from the University of Geneva.
Description:The course addresses the philosophy, principles and practical application of International Humanitarian Law (IHL).
The course will then examine specific conventions and issues, including the four 1949 Geneva Conventions and their
Also known as the law of war, or the law of armed conflict, international humanitarian law consists of the international
rules governing the conduct of hostilities, the methods and means of warfare, and international rules designed to protect
the victims of armed conflict. The course will begin by placing international humanitarian law within a broader
theoretical and legal context. The course will consider the historical development of IHL, its sources and its fundamental
principles, such as the principles of humanity, military necessity, distinction between civilians and combatants, and proportionality.
historical antecedents; the 1977 Protocols; and the laws of the Hague. Students will then be called upon to consider some
contemporary challenges, such as the legality of the use of nuclear weapons; the environmental consequences of armed
conflict; the emergence of cyberwarfare; the protection of journalists, humanitarian agencies and peacekeepers; the status
of ‘unlawful combatants’; the protection of cultural property; and the specific protection of women and children.
Image
source: twitter.com/Nouvelles_ABC/status/1000032074416373760,
accessed 19 November 2018 Congratulations to Afton Maisonneuve, this year’s recipient of the Sword & Scale Essay Contest run by the Military
Law Section of the Canadian Bar Association. The prize is presented annually for the best scholarly paper in Canadian
military law or justice, public policy or public affairs related to Canadian military law and regulation touching on
military law or national security.Her essay “Neither Charity nor Special Treatment: Amendments to Sustainably Modernize the Canadian Forces
Members and Veterans Re-establishment and Compensation Act” provides a chronological overview of important
amendments to the Veteran’s Charter and a discussion of future proposed amendments as well as a commentary on
the practical challenges surrounding Veteran benefits.
Source: https://ca.linkedin.com/in/afton-maisonneuve-972361a6,
visité 16 avril 2016
Image
source: ottawacitizen.com/news/local-news/ottawa-judge-lise-maisonneuve-named-chief-justice-of-ontario,
accessed 16 November 2015She has an important background in military law:
She was also a member of the Oversight Working Group for the Department of National Defence;
Advisor to the Military Police and Investigative Services Reorganization Steering Committee and
to the Military Police Services Review Group; Advisor to the Minister of National Defence’s
Committee on Change in the Department of National Defence and Special Legal Advisor to the
late Chief Justice of Canada Brian Dickson on various military investigations.
(see commonlaw.uottawa.ca/en/alumni/common-law-honour-society/announcing-2015-common-law-honour-society-inductees),
accessed 16 November 2015)
You can consult part of this background in the following documents:
- Special Legal Advisor to the SPECIAL ADVISORY GROUP ON MILITARY JUSTICE AND MILITARY POLICE INVESTIGATION SERVICES,
Report of the Special Advisory Group on Military Justice and Military Police Investigation Services, [Ottawa]: [Department of National Defence], 25 March 1997,
viii, 73 p. and other paginations with the Annexes (series; Report to the Prime Minister), (Chairman: The Right Honourable Brian Dickson; Members:
Lieutenant General Charles H. Belzile (Retired) and Mr. J.W. Bird), this report also know as "Dickson Report I" is available at
http://web.archive.org/web/20021016134113/http://www.dnd.ca/eng/min/reports/Dickson/justictc.htm and http://web.archive.bibalex.org/web/20041013002211/http://www.forces.gc.ca/site/minister/reports/dickson/justindex_e.htm
(accessed on 5 July 2009); also available at http://responsesystemspanel.whs.mil/public/docs/meetings/20130924/materials/allied-forces-mil-justice/canada-mj-sys/04_Dickson_Rpt.pdf (accessed on 22 May 2014);
see Annex B and F;
- member and legal advisor of the Military Police Services Review Group, Report of the Military Police Services Review Group Presented to the Vice Chief of
Defence Staff on 11 December 1998, available at http://web.archive.org/web/20021023144225/http://www.dnd.ca/menu/press/Reports/mps/eng/Report_e.html;
- Testimony on Bill C-25, an Act to amend the National Defence Act and to make consequential amendments to other Acts before the Standing Senate Committee on
Legal and Constitutional Affairs, Issue 39, 29 October 1998, see minutes and evidence;
[research note: posted on Francois Lareau's military blog on 16 November 2015; amended 13 January 2016]
Sean M.
Maloney, image source: Facebook,
accessed on 12 May 2014
Sean
Maloney, image source: http://mediaspotme.com/search?query=Canadian%20civil-military%20relations,
accessed 19 April 2014
___________Homeland Defence: The
Canadian Context 1940-2000, Kingston: National Defence,
Directorate of Land Strategic Concepts (DLSC), DLSC Research note:
01/02, January 2001, 55 p; available at http://www.army.forces.gc.ca/DLCD-DCSFT/pubs/archive/RN0102%20-%20S%20Maloney%20-%20Homeland%20Defence%20Jan%2001.pdf
(accessed on 16 Dexcember 2011);
___________"Purple Haze: Joint Planning in the Canadian Forces
from Mobile Command to J-Staff, 1975-1001 (Part 1)", (Winter
2002-2003) 5(4) The Army Doctrine and Training Bulletin.
56-72, available at http://publications.gc.ca/collections/Collection/D12-9-5-4E.pdf
(accessed 14 May 2019);
It took another year, almost 21/2 years after the initial directive had been implemented, to finalize a
CF command and control policy. The exact reasons why the process was drawn out are obscure, but
it appears as though there were snags discovered by the judge advocate general staff over the exact
legal authority of the Chief of the Defence Staff to command. At one point it even appeared that
the Chief of the Defence Staff might only have the authority to advise in the command of the CF
as opposed to actually doing so. [at p. 61]
Image
source: https://ca.linkedin.com/in/arnavmanchanda, accessed 27
August 2016
Arnav Manchanda
MANCHANDA, Arnav, "Book Review : The Taliban Don’t Wave.
Semrau, Robert. The Taliban Don’t Wave. John Wiley & Sons,
Mississauga ON, Canada, © October 30 2012. $17.52 (paperback) ISBN
978-1-11826-118-7 (print); 978-1-118-26160-6 (ebk)", (Spring 2013)
18(1) On Track 41-42, available at (accessed 27 August
2016); Note: On track is published by the Conference of Defence
Associations Institute; available at http://www.cdainstitute.ca/images/ontrack18n1.pdf
(accessed 27 August 2016);
When it comes to the mercy kill incident in October 2008 that would change his life, Semrau abruptly and briefly
switches to reprinting what is available in the public record from his court martial, deliberately declining to provide a
firsthand account. In an interview with CBC in September 2012, Semrau asserted that some memories were difficult to
deal with, and that that particular incident is something he was not willing to talk about. But at the same time, he writes
that he felt he was unfairly not provided with a right during his court martial to recount what had happened. But neither
does he do it in the book – and this is very odd.
Semrau holds the investigative process that led to his demotion and dismissal in extremely low regard. He
wonders if any of the ive members of his court martial had “ever been shot at”, “heard a bullet” or “been literally soaked
in another man’s blood, or held a fellow soldier as he was dying.” These are powerful words, but they lack explanatory
power as to why he continues to not provide us with his side of the story. He does not provide the reader with the details
of that particular incident, and thus the reader cannot fully ever – while perhaps wanting to – empathize with him and
his actions. Perhaps he did not want to use the dead insurgent as an excuse for his behaviour in an issue that became so
politicized, saying that the “truth of that moment will always be between me and the insurgent.” Or perhaps he invokes
a battleield exceptionalism, in line with those who believe that those who have experienced the reality of combat stand
apart from those who have not. (p. 42)
image and information source: mhs.mb.ca/docs/people/tritschler_ge.shtml
The judge was former Col. George
Tritschler, from the JAG, who later became the Chief Justice of the
Manitoba Court of Appeal.
MANCHESTER GUARDIAN,THE, "Mother not guilty of Murder", The Manchester Guardian (1901-1959), Feb 8, 1957, p. 9; note: "Canadian court-martial Baden-Baden
February 7 Mrs Doris Joan Stevenson aged 35 the London-born wife of Canadian..." ; source: © ProQuest LLC All rights reserved;; defence counsel at
the Baden-Baden, West Germany trial was Captain D.S. Collins from Terrace, British Columbia; the judge was from Manitoba: George Tritschler;
- For further research on this case, see:
Article: Presse canadienne, "Mme Stevenson
acquittée de l'accusation d'avoir tué son bébé
d'un mois", La Presse, jeudi, 7 février 1957, à la p.3, article disponible à:
collections.banq.qc.ca/ark:/52327/2877306 (consulté le 1er avril 2018);
- "Procès de Doris Joan Stevenson", La Presse, mercredi, 6 février 1957, à la p. 13; disponible à http://collections.banq.qc.ca/ark:/52327/2877298 (vérifié le 1er mars 2018);
MANSOUR, Diana, Captain, member of the OJAG, reserve force; she attended the 2019 mandatory legal officer qualification course at Canadian Forces Military Law Centre, CFB Kingston, see Access to Information Act, DND Acess to Information and Privacy letter dated 12 June 2019, File A-2019-00289;
___________on Mansour, Diana, Captain, as defence counsel for the CF Defence Counsel Services, see Sangha G. (Officer Cadet), R. v., 2020 CM 2011 (CanLII), <http://canlii.ca/t/jb3qm> (court date was 6 October 2020);
___________on Mansour, Diana, see By David Hodson, "Special Forces, The War on Terror and Articling", Spring 2019, available at https://www.defendme.ca/resources/DurLaw2019Vol2Iss1Pg13.pdf (accessed 8 March 2020);
When Diana Mansour, a second-year student at the time, was observing
a trial being conducted by David Barrison, she had no idea that she'd
soon be immersed in litigation involving Canada's Special Operations
Force (SOF) community, learning the intricacies of combat arms or
navigating the misery of tear gas. At the time, Mr. Barrison was conducting
a human traf-ficking trial with David Hodson. During a break, Mr. Hodson
learned that Ms. Mansour was interested in part-time distance work
while finishing her JD at the University of Windsor. Recognizing her potential,
and with the blessing of Mr. Barrison, he immediately made her an offer of
employment.
....
as an aside, with her knowledge of Arabic and Arab culture, it wasn't long before
both JAG and the SOF community were showing an interest in her future.
Ms. Mansour, as an articling student, argued the first Jordan application within
a military Court Mar-tial.She, vis-a-vis 11(b) of The Charter, an eighteen-month
time frame. Her accomplishment is more pro-nounced knowing that a CM is
deemed a Superior Court.She subsequently argued four more applications,
including a Corbett, Similar Fact and a. s. 276 -all were successful. ....
Captain Diana Mansour has successfully represented a number of accused in
civilian trials, but after her Call to the Bar, she accepted an offer from Defence
Counsel Services, of Canada's Judge Advocate General. ....
As a Reserve Legal Officer, many may think she's only a courtroom warrior, but
her skill with a rifle, to-gether with her linguistic abilities germane to a wartorn region,
will, inshallah (God willing), provide her with many opportunities to deploy as a
soldier. In the interim, she continues to maintain a criminal law practice with Carlos
Da Cruz and David Hodson, as well as crossing the country to appear at Court Martial.
Photo by Derek Ruttan, London Free Press ____________on a court martial in which Ms. Mansour was involved, see CARRUTHERS, Dale, "Ex-military medic jailed nine months" The London Free Press,
Thursday, 25 May 2017, available at Theobsever.ca, http://www.theobserver.ca/2017/05/25/military-court-judge-to-sentence-james-wilks-thursday-in-london
accessed 26 May 2017);
....
Wilks, 57, was previously convicted in 2013 of 10 counts of sexual assault and 15 counts of breach of trust for giving
inappropriate breast exams to females at Ontario military recruiting centres.The former petty officer had challenged the ruling, but an appeals court upheld it last Friday.
Wilks’s lawyer, David Hodson, said the two sentences will be served concurrently at the Joyceville Institution, a
medium-security prison on Kingston.
Image source: https://sites.google.com/a/umn.edu/giovanni-mantilla/, accessed 30 September 2016
Giovanni Fabrizio Mantilla
MANTILLA CASAS, Giovanni Fabrizio, Under (Social) Pressure: The Historical Regulation of Internal Armed Conflicts through International Law, a dissertation submitted to the Faculty of the Graduate School of the University of Minnesota, in partial fulfillment of the requirements for the degree of doctor of philosophy, August 2013, ix, 410 p.; available at
https://conservancy.umn.edu/bitstream/handle/11299/175520/MantillaCasas_umn_0130E_14332.pdf?sequence=1&isAllowed=y (accesed 30 September 2016); discusses Canada;
MANTLE, Craig Leslie, 1977-, ed., The apathetic and the defiant : case studies of Canadian mutiny and disobedience, 1812 to 1919 / edited by Craig Leslie Mantle ; foreword by major-general
P.R. Hussey, Kingston (Ont.): Canadian Defence Academy Press; Toronto: Dundurn Group, c2008, 496 p., ISBN: 9781550027105; copy at Ottawa University, MRT General FC 226 .A63 2007;
__________sous la direction de, Les apathiques et les rebelles : des exemples canadiens de mutinerie et de désobéissance, 1812-1919, Kingston (Ont.): Presse de l'académie canadienne de la défense, c2008, 516 p., ISBN: 9781550027204;
___________ed., The unwilling and the reluctant : theoretical perspectives on disobedience in the military, Winnipeg: Canadian Defence Academy Press, c2006, vii, 257 p. ; 24 cm., ISBN: 0662432517;
Manuals/Manuels of interest to a
lawyer or a researcher
[see also "DND/CF Publications" in Bibliography C to D,
available at www.lareau-law.ca/military.2C-D.html]
see also ARMY ELECTRONIC LIBRARY at http://armyapp.forces.gc.ca/SOH/AEL_E.html,
accessed 5 July 2020;
Research note: on Manuals from JAG, see LIBRARY AND ARCHIVES CANADA, Reports and Manuals from the Office of the Judge Advocate General [textual record]. 1956-1991. Accession. RG24-B-9. BAN: 2008-00847-9. Textual material. [Access: Restricted by law]. Government. 24-166 1 90. This accession consists of various reports and manuals created and/or maintained by the Office of the Judge Advocate General.
WARNING --
THESE DOCUMENTS OR MANUALS MAY NOT BE UP TO DATE OR
CURRENT
AVERTISSEMENT -- CES DOCUMENTS OU MANUELS PEUVENT ÊTRE NON A JOUR
-
Collection of Documents on the Law of Armed Conflict, **2004
edition**XHTML Version
Collection de documents sur le droit des conflits armés***version
2004 ***Version XHTML
Law of Armed Conflict at the Operational and Tactical
Level,,***13
August 2003 edition***XHTML Version
Droit des conflits armés au niveau opérationnel et tactique***version
du 13 septembre 2001***Version
XHTML
see 2001-08-13 edition in English at http://web.archive.org/web/20061114215832/http://www.forces.gc.ca/jag/training/publications/law_of_armed_conflict/loac_2004_e.pdf
voir la version française du 2001-09-13 à http://web.archive.org/web/20060224223135/http://www.forces.gc.ca/jag/training/publications/law_of_armed_conflict/loac_2004_f.pdf
Code of Conduct for CF Personnel ***undated
version ---takes a while to load! and
***PowerPoint
Presentation
Code de conduite for CF Personnel
*** version
non datée ---prends quelques secondes à venir sur l'écran
et ***Séance
d'information en Power Point
--------
Lesson Plan for the: Code of Conduct for CF Personnel,
Office of the Judge Advocate General, B-GG-005-027/AF-022,
available at http://web.archive.org/web/20010612031347/http://www.dnd.ca/jag/jag_pdf_docs/codeconduct_lessonplan_e.pdf,
accessed 29 November 2015.
Plan de leçon pour le : Code de conduite du personnel des FC,
Cabinet du Juge-avocat général, l, B-GG-005-027/AF-022,
disponible à http://web.archive.org/web/
20010612041027/http://www.dnd.ca/jag/jag_pdf_docs/codeconduct_lessonplan_f.pdf,
visité 29 novembre 2015.
..
International Human Rights Law -- Collection of Documents,
B-LG-007-000/AF-003*** 1
March 2007 edition
Droit international en matière de droits de personne -- Recueil
de documents, B-LG-007-000/AF-004 ***version
1er mars 2007
LOAC Student Deskbook, probably available from CFMLC
DCA Manuel de cours, probably available from CFMLC
Deployment of Legal Advisers26. Military legal advisers accompany all Canadian Forces deployed operationsand 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 areinvolved in the planning and conduct of military operations. Specifically, militarylegal advisers must conduct a legal review of all operational plans and ROE priorto their approval by the chain of command. Legal advisers also provide legaladvice on all targeting decisions requiring consideration by a Targeting Directiveat all levels of command. Within the Canadian Forces, military legal officersbelong to the Office of the Judge Advocate General and are under the commandof the Judge Advocate General, a General Officer who is statutorily responsibleto the Minister of National Defence. Consequently Canadian Forces legal officersare not a part of or subject to the direction of the military chain of command. Theyare able to provide independent legal advice to military commanders
(pp. 62-63/190, available at http://docslide.us/documents/iloace.html, accessed 6 April 2017)
Aide Memoire -- Elements of the Offence, Using the Code of
Service Discipline, Office of the Judge Advocate General,
Canadian Military Prosecution Service, 87 pages, available
at https://www.scribd.com/document/382309130/Elements-of-the-Offence
(accessed 31 March 2020);
-------
The Code of Service Discipline and Me -- A guide to the
military justice system for Canadian Forces members,
undated, 14 p., ***PDF
Format ; also available at http://publications.gc.ca/site/eng/475952/publication.html;
Le Code de discipline militaire et moi, sans date, 14 p.,
Format
PDF; aussi disponible à http://publications.gc.ca/site/fra/477463/publication.html;
Court Martial Procedures , Guide for Participants and Guide
for the Public = Procédures devant la cour martiale,
guide des partiipants et du public, A-LG-007-000/AG-001, 8
June 2012; available/disponible à http://www.jmc-cmj.forces.gc.ca/assets/CMJ_Internet/docs/en/gpcm-cmpg.pdf
(accessed 3 May 2015);
The Election to be Tried by Summary Trial or Court Martial:
Guide for Accused and Assisting Officers (Bilingual),
[Ottawa?], 30 November 1997, 11 p. with a 2 p. Annex, Index of
Documentation of National Defencee no. A-LG-050-000/AF-001; Research
Note: the OPI for this publication is the Office of
the Judge Advocate General / Directorate of Law/Military
Justice; paragraph 4, p. 1 of the publication reads in part:
"The purpose of this guide is to place the election to be tried
by court martial in its procedural context and to provide a
convenient summart, for use by accused service members and their
assisting officers, of the differences betwen summary trials and
courts martial, so that the accused are in a position to make an
informed election"; copy at the National Library, Ottawa;
"A-LG-050-000/AF-001"; copy at the University of Ottawa, FTX
General, KE 7160 .E436 1997; NOTE:
superseded in
2002 by OFFICE OF THE JUDGE ADVOCATE GENERAL, Guide for
accused and assisting officers : pre-trial proceedings at the
summary trial level, issued on authority of the
Chief of the Defence Staff;
FRANÇAIS :
Le choix d'être jugé par procès sommaire ou devant une
cour martiale: Guide à l'intention des accusés et des officers
désigés pour les aider, [Ottawa?], 30 novembre 1997,
11 p. avec une annexe de 2 p., index de documentation de
la Défense nationale: # A-LG- 050-000/AF-001; note de
recherche: le BPR pour cette publication est le Cabinet du
Juge-avocat général, Directeur juridique/Justice militaire; le
paragraphe 4, à la p. 1 se lit en partie ainsi en expliquant le
but de la publication: «Pour aider les militaires accusés à
exercer un choix éclairé, le présent guide situe dans son
contexte procédural le choix d'être jugé devant une cour
martiale et résume, à l'intention des accusés et des officers
désignés pour les aider, les différences entre les procès
sommaires et les cours martiales"; copie à la Bibliothèque
nationale, Ottawa; NOTE: remplacé en 2002
par BUREAU DU JUGE-AVOCAT GÉNÉRAL, Guide à l'intention
des accusés et des officiers désignés pour les aider :
les procédures préliminaires lors d'un procès sommaire,Publiée
avec l'autorisation du Cef d'état-major de la Défense;
Guide for Accused and Assisting Officers (Bilingual)
Pre-Trial Proceedings at the Summary Trial Level/ ***PDF
Format Bilingual-Bilingue
A-LG-050-000/AF-001, dated 2002-08-31/Guide à l'intention
des accusés et des officiers désignés pour
les aider (Bilingue) Les procédures préliminaires lors
d'un procès sommaire, A-LG-050-000/AF-001, daté 2002-08-31;
also
available at http://publications.gc.ca/site/eng/475651/publication.html;
IMPORTANT NEW EDITION, 2009-10-06,
available at http://www.forces.gc.ca/assets/FORCES_Internet/docs/en/jag/guide-for-accused-and-assisting-officers.pdf
and at http://publications.gc.ca/collections/collection_2014/mdn-dnd/D2-349-2009.pdf
, http://www.forces.gc.ca/assets/FORCES_Internet/docs/en/jag/manual-mil-jus-summary-trial-level.pdf
(English) et (français);
Guide for Referral Authorities/Guide à l'intention des
autorités de renvoi, November/novembre 2002,***PDF
Format Bilingual-Bilingue
-------
--------
Source:
http://www.journal.forces.gc.ca/vol12/no2/61-gibson-eng.aspMilitary Justice at the Summary Trial Level v. 2.2,
B-GG-005-027/AF-011, 12 January 2011,*** PDF
format ***other
format
Justice militaire au procès sommaire, version 2.2, 14
février 2011, B-GG-005-027/AF-011,***version
PDF ***autre
format
Military Justice at the Summary Trial Level, updated 14
September 2001, DND publication: number: V2.09/01,
B-GG-005-027/AF-011) available at http://www.forces.gc.ca/jag/training/publications/POCT_docs/military_justice_manual_e.pdf
and http://www.forces.gc.ca/jag/training/publications/POCT_docs/military_justice_manualOLD_e.pdf;
version V2.1 2/06, available at http://www.forces.gc.ca/jag/publications/Training-formation/MilJustice_JustMilv2.1-eng.pdf
(accessed on 3 March 2011);
FRANÇAIS :
Justice militaire au procès sommaire, 2001
(Collection; publication du MDN; numéro: V2.0 9/01,
B-GG-005-027/AF-011); disponible à http://www.forces.gc.ca/jag/training/publications/POCT_docs/military_justice_manual_f.pdf
et http://www.forces.gc.ca/jag/training/publications/POCT_docs/military_justice_manualOLD_f.pdf;
voir version 2.1, février 2006, disponible à http://www.forces.gc.ca/jag/publications/Training-formation/MilJustice_JustMilv2.1-fra.pdf
(vérifié le 3 mars 2011);
Defence Counsel Study Team, Report of the Defence
Counsel Study Team on the provision of Defence Counsel
Services in the Canadian Forces, Office of the Judge
Advocate General, 15 August 1997,
available at (accessed 25 March 2019), available at http://www.lareau-legal.ca/A-2018-02048.pdf;
obtained under an Access to Information Act
request, National Defence Access to Information and Privacy
Request file A-2018-02048 dated 26 February 2019, available
at http://www.lareau-law.ca/A1a-208-02048.pdf
(accessed 25 March 2019);
-------
- Sexual Offences & Sexual Harassment, Legal and Ethical
Obligations, 30 November 2015, available at http://web.archive.org/web/20080124140609/
http://www.forces.gc.ca/jag/training/publications/default_e.asp#SEXUALH
and click on "Sexual Offences and Sexual Harassment...Power
Point Presentation"
- Infractions à caractère sexuel et harcèlement sexuel:
Obligations juridiques et éthiques, 30 novembre 2015, disponible
à http://web.archive.org/web/20071213224306/
http://www.forces.gc.ca/jag/training/publications/default_f.asp
et pressez sur "Les infractions à caractère sexuel et
harcèlement sexuel ...séance d'information en 'Power
Pont' "
------
- Sexual Offences and Sexual Harrassment -- Briefing Notes,
available at http://web.archive.org/web/20041124020535/http://www.forces.gc.ca/jag/training/publications/SexualOffences_e.pdf
(accessed 30 November 2015)
- Infractions à caractère sexuel et harcèlement sexuel --
Notes de synthèse, disponible à http://web.archive.org/web/20041124023001/http://www.forces.gc.ca/jag/training/publications/Sexual
Offences_f.pdf
(vérifié 30 novembre 2015)
------
Training Brief for Assisting Officers -- Summary Trials,
23 May 2003, ***available
on this web page under the title "Assisting Officer--Summary
Trial"
Formation des officiers désignés pour aider l'accusé --
Procès sommaire, 23 mai 2003, ***disponible
sur cette page web sous le titre "Formation des officiers
désignés -- Procès sommaire"
Some of the accompanying posters were also prepared and distributed in the Canadian Forces bases:
Source: http://collections.civilisations.ca/public/pages/cmccpublic/emupublic/Display.php?irn=1020403
&QueryPage=%2Fpublic%2Fpages%2Fcmccpublic%2Femupublic%2FQuery.php&lang=2
(accessed on 21 May 2012).
Source: https://searcharchives.ucalgary.ca/lilian-green-accession (accessed 27 February 2019)
11 of these posters were collected by Leslie C. Green, 1920-2011, and donated by Lilian Green, September 2016
to the Leslie C. Green Collection, Collection F0096, University of Calgary, The Military Museums.
CANADIAN ARMED FORCES, Canadian Forces Manual of Military
Occupational Structure, volume 2, Part 1, Job Based
Specification (JBS) for the Legal Officer Occupation, CCM
Mercury # 889827, date approved, 21 May 2007, iv,
21 pages (look for numbers AO511583_1-A-2016-02606-047 to AO511583_26-A-2016-02606-0072,
bottom right numbers on each page at http://www.lareau-legal.ca/A-2016-02606.PDF
(put on line on 6 August 2017); document obtained from
an Access to information Act request to DND, see http://www.lareau-law.ca/A-2016B-02606.pdf
dated 20 July 2017;
CANADIAN ARMED FORCES, Operational Law Manual, V
1, no date of publication, approx. 300 pages,
B-GJ-005-104/FP-024; available at http://www.lareau-legal.ca/A-2016-02619.PDF
(accessed 3 November 2017);
document obtained from an Access to information Act
request to DND, see http://www.lareau-law.ca/Empey3No17.pdf
dated 25 October 2017;
CANADIAN ARMED FORCES, Qualification Standard, Legal
Officer Qualification, AJCK, Regular Force 00204,
Training Authority: CDA, basic date: 25/06/14, change date
20/06/14, 46 pages (look for numbers
AO511582_1-A-2016-02606-001 to AO511582_46-A-2016-02606-0046,
bottom right numbers on each page); available at http://www.lareau-legal.ca/A-2016-02606.PDF
(put on line on 6 August 2017); document
obtained from an Access to information Act request to
DND, see http://www.lareau-law.ca/A-2016B-02606.pdf
dated 20 July 2017;
Canadian Forces Military Law Centre -- Legal Officer
Qualification Course, approved 20 July 2017,
available at
lareau-legal.ca/LOQ%20TP%20-%20Approved%20-%20Dated%2020%20Jul%202017.pdf
[I have noticed on 13 July 2020, that this document is also now
available at https://docplayer.net/150455199-Canadian-forces-military-
law-centre-legal-officer-qualificaton-course-training-plan-tp.html]
in connection with this course, see:
- LOQ Timetable--Military Administrative Law Module, 24-29 April 2019, http://www.lareau-legal.ca/2019%20Admin%20En.pdf
- LOQ Timetable-- Military Law Module, 6-10 May 2019, at http://www.lareau-legal.ca/2019%20MJ%20En.pdf
- LOQ Timetable -- Operational Law Module, 13- 17 May 2019, http://www.lareau-legal.ca/2019%20Ops%20En.pdf
- Exercice Able Advocate Legal Officer Qualification -- Operational Law, Ex Able Advocate 2019 Timetable, 17-24 May, http://www.lareau-legal.ca/2019%20Ex%20AA%20Schedule.pdf
[These five documents received by François Lareau on 31 May
2019 from LCol Brent Clute, Director, Canadian Forces Military
Law Centre, Kingston, Access to Information Act informal
request]
On the subject of the Legal Officer Qualification Course, see photo:
Office of the JAG@JAGCAF·The JAG, Commodore Geneviève Bernatchez, was in Kingston today to
address and congratulate graduates of the Legal Officer Qualification Course.
This month-long training prepares new Legal Officers to perform their duties
as legal advisors to @CanadianForces at home and abroad.
[images sources: https://twitter.com/KimberleyDawn8 and https://twitter.com/JAGCAF/
status/1132008858203893760, accessed 4 April 2020]
Image source: picclick.com/Collectibles/Militaria/WW-II-1939-45/Original-Period-Items/Canada/?page=68
Image source: https://www.ebay.com/itm/252858819273. accessed 24 February 2019
NAME(S):* Canada. Canadian Army. Judge Advocate-General
TITLE(S): Canadian army handbook on district courts-martial, 1941 (December) / prepared by officers of the Judge Advocate-General's Branch in Collaboration with Officers of other Branches Handbook on district courts-martial
PUBLISHER: Ottawa : E. Cloutier, King's printer, 1941. DESCRIPTION: 78 p. ; 25 cm. [Information from AMICUS catalogue]
FURTHER RESEARCH on Voilà catalogue on 25 November 2019 as to the librarues that have that book:
Library and Archives Canada;University of Calgary Library, Taylor Family Digital Library (TFDL);
Canadian War Museum; Concordia University Libraries; Toronto Public Library;
Canada, Office of the Judge Advocate General, Basic operational legal advisor, course 8501, 15-19 April 1985, Cornwall, Ontario, deskbook
Cours de conseiller juridique, 15-19 avril, 1985, [Cornwall? Ont.] : Canadian Forces, Office of the Judge dvocate General, [1985?], 502 p. : ill. ; 30 cm.
NOTES: Title on cover: Basic operational legal adviser, course 8501, 15-19 April, 1985, Cornwall, Ontario = Cours de conseiller juridique, 15-19 avril, 1985;
copy at the University of Alberta, Rutherford Library, Edmonton, call number: JX 4521 C212 1985;
CANADA, Office of the Judge Advocate General, Digest of Opinions and Rulings, Ottawa: March 31, 1944, compiled from the records
of the Office of the Judge Advocate General at National Defence Headquarters, [Ottawa, 1944], 353, [35] p.; available at http://www.lareau-legal.ca/A-2018-02026.pdf;
obtained under an Access to Information Act request, National Defence Access to Information and Privacy
Request file A-2018-02026 dated 12 March 2019, available at http://www.lareau-law.ca/A2a-2018-02026.pdf (accessed and put on line on 29 March 2019);
Canada, Office of the Judge Advocate General, Sixth basic law of armed conflict course, 30 March to 3 April 1992, TCTI, Cornwall, Ontario : deskbook =
Sixième cours de base, droit de la querre, 30 mars au 3 avril 1992, IFTC, Cornwall, Ontario : cahier de l'étudiant Basic law of armed conflict: course 9201,
30 March to 3 April 1992 Cours de base, droit de la querre: cours 9201, 30 mars au 3 avril 1992 Sixième cours de base, droit de la querre, 30 mars au 3 avril 1992,
IFTC, Cornwall Ontario: cahier de l'étudiant, Ottawa : Office of the judge advocate general, 1992, 604 p. ; 30 cm. NOTES: Cover title: Basic law of armed conflict :
course 9201, 30 March to 3 April 1992, Cornwall, Ontario. On cover: Office of the Judge Advocate General; copy at the University of Ottawa, FTX (Fauteux Library)
KZ 6385 .B37 1992;
CANADIAN FORCES MILITARY LAW CENTRE (CFMLC), President
Officer Certification Training, Student Desk Book,
version 2.2 (September 2012), Kingston: Canadian Forces
Academy, 2012, 532 p., available at http://www.lareau-law.ca/PresidingOfficer.pdf;
Access to Information Act
request to DND, their file A-2012-01401; MAY TAKE LONG
TIME TO DOWNLOAD!
[2020]
This past weekend, 42 members from across the #CAF attended the first remotely
conducted Presiding Officer Certification Training session. #COVID19 #StayHealthy
source: twitter.com/JAGCAF/status/1253039686844588032/photo/1, accessed 5 May 2020
Further research:
- Charge Layer Aide memoire
- POCT (President Officer Cerification Training) Instructor's
Manual v. 2.2/ AOP Guide d'instructeur v. 2.2.
- Collection of Documents on Domestic Operations,
B-LG-007-000/AF-001
- Canadian Forces Drug Testing Manual/Manuel de dépistage des
drogues au sein des forces canadiennes
- "During the reporting period, legal officers continued to
provide considerable support to the Officer Professional
Military Education (OPME) Program
military law course. The OPME program includes courses on
defence management, Canadian military history, leadership and
ethics and military law.
The successful completion of the program is required for
officers to be promoted to the rank of Major or
Lieutenant-Commander. The course DCE 002
Introduction to Military Law contains a module addressing
in detail the administration of military justice in the CF. The
second module in the course
details the laws applicable to armed conflict. The training is
offered through self-paced distance learning and condensed
on-site instruction at CF bases
and wings, and is available to both officers and NCMs. During
the reporting period, 1691 students successfully completed the
English-language serial,
while 312 students completed the French-language serial of this
course."
(source: http://www.forces.gc.ca/en/about-reports-pubs-military-law-annual-2008-09/ch-5-review-mil-education-training-0809.page,
Judge Advocate General Annual Report, 2008-2009, chapter
5, accessed 11 Narch 2017)
- The Manual of
International Law in Peace Operations -- Draft Outline
of the Manual's Content, available at http://home.scarlet.be/~ismllw/actualite/ISMLLW%20464%20E%2019.pdf
(accessed on 29 July 2012);
- Legal Officer Intermediate Training: Military Operations Law -
29 April 2013 to 4 May 2013, see course details at https://www.nsbs.org/event/2013/05/legal-officer-intermediate-training-military-operations-law-april-29
(accessed 4 August 2017);
The Royal Military College of Canada,
Kingston,
courses POE488 and POE486:
Image
source: Kijiji (item for sale at $20.00, March 2017)
- POE 488 (Course Code), The Law of Armed Conflict,
course reader, v. 2.0; This is a course of Royal
Military College of Canada Division
of Continuing Studies, Royal Military College of Canada, PO Box
17000, Station Forces, Kingston, ON K7K 7B4; Department of
Political Science;
see https://www.rmcc-cmrc.ca/sites/default/files/rmcbmas-cmrbasm-bil_3.pdf
(accessed 26 March 2017);
"POE488 The Law of Armed Conflict
"This course gives students a solid knowledge of the law
regarding the use of force in international and
non-international armed conflicts. Following an examination
of the situation of the Law of Armed Conflict within the broader
context of Public International Law, there will be a general
discussion of the general concepts of the
LOAC and its two branches, the jus ad
bellum (the right to the use of force) and the
jus
in bello (the law applicable in conflict). A
study of the rules includes their
applicability in operational situations, with reference to
issues including the notion of combatants, prisoners of war, the
treatment of civilians, the obligation to limit
unnecessary suffering and damage, the legality of certain
weapons, and special cases such as child-soldiers and
mercenaries. The course concludes with an examination
of means of enforcing the law, including national courts, ad hoc
tribunals and the International Criminal Court.
- For more information, see also https://www.rmcc-cmrc.ca/en/division-continuing-studies/distance-education-undergraduate
(accessed 26 March 2017);
- Syllabus for Course POE 488A, winter 2013-2014, 9 p.,
lecturers: LCol Rory Fowler and Lieutenant-Commander Mike Baker,
available at http://www.lareau-legal.ca/A-2015-00669.pdf
(accessed 26 March 2017);
- Military Arts and Science (DMAS), Ontario College Diploma,
Seneca Faculty of Continuing Education & Training:
Overview
Seneca College delivers this exciting Ontario College Diploma developed through an innovative partnership between OntarioLearn, the Royal Military
College of Canada (RMC) and the Canadian Defence Academy (CDA). All courses are available online as well as some in class options.The aim of the Diploma in Military Arts and Science (DMASc) is to provide Non-Commissioned Members (NCMs) of the Canadian Forces and those
interested in military affairs, a comprehensive knowledge of leadership, critical thinking, security studies, resource management and communication skills
deemed essential to the functioning of modern military or large corporations. This diploma will serve as a recognized component of the Non-Commissioned
Members training.The program will provide an accredited 2-year Ontario College Diploma in Military Arts and Science that is portable into the civilian workforce once NCMs
retire from their military service. The program is also open to the public. Under an articulation agreement between RMC and Seneca College, graduates of
this diploma program may be admitted into the RMC Bachelor of Military and Strategic Studies degree program with Advanced Standing.
(source: http://www.senecacollege.ca/ce/humanities/military-arts-science.html, accessed 26 March 2017)
- POE 486 (Course
Code), Air and Space Law,
This is a course of Royal Military College of Canada Division of
Continuing Studies, Royal Military College of Canada, PO Box
17000, Station Forces, Kingston, ON K7K 7B4; Department of
Political Science; see https://www.rmcc-cmrc.ca/sites/default/files/rmcbmas-cmrbasm-bil_3.pdf
(accessed 26 March 2017);
"This course is an introduction to air and space law. The
primary focus is the international and national law applicable
to air operations and outer space activities, particularly
of a military nature. It also considers historical and political
factors in the development of these legal regimes. The
international law concepts will be instilled by reference to
the various applicable international conventions and legal
principles, such as the Charter of the United Nations and the
sources and nature of public international law. The study
of public air law will focus on the Chicago Convention of 1944
and the 1963 Tokyo Convention stream. The Warsaw (1929)
and Montreal (1999) Conventions relating to civil
aviation liability provide the basis for the private
international air law study. For space rights, the five
major treaties governing that domain will be studied, along with
the work
of the UN General Assembly and the UN Committee on the Peaceful
Use of Outer Space (UNCOPUOS). Outer space activities such
as military uses and remote sensing will be
considered, as will the rights and obligations of rescue and
liability. Given the legal importance of and similarities
between the outer space and air regimes and that of the oceans,
the law of the sea will also be the object of analysis and
discussion.
DND Publications in the National Defence
Index
of Documentation (NDID)
- Manuals noted in the answer (CD with electronic files on it)
from the Director, Access to Information and Privacy, their file
letter A-2015-00389, dated 20 October 2015; my Access to
Information Act request read as follows: "Current list of DND
publications contained in the National Defence Index of
Documentation (NDID) database (i.e. Publication Number/IDDN,
English Title, Frenc Title, Language, OPI, Edition, Last Change
Level, Last Change Date)"
NDID
CD
TITLE
OPI
LANG STATUS
DATE
UPDATED
FORMAT
- B-GA-005-104/FP-024 Operational Law/Droit
opérationel JAG
DLaw
B
Reserved
14 mar
2006
Hardcopy
- B-GG-005-004/AF-027 Legal Support to CF
Operations
JAG DLawT
E
Reserved
27 Nov
1998
Hardcopy
- B-GG-005-027/AF-010 Legal Support to CF
Operations
DJAG/Ops
E
Reserved
27 Nov
1998
Hardcopy
vol. I, Military Justice Manual
- B-GG-005-027/AF-020 Legal Support to CF
Operations
DJAG/Ops E
Reserved
18 Nov
1998
Hardcopy
vol. 2, Law of Armed Conflict
LOAC
Image
source: https://www.balsillieschool.ca/people/michael-w-manulak,
accessed 14 december 2015Abstract
This thesis employs John W. Kingdon's multiple-streams model of policy agenda setting and alternative specification to analyze Canada's policy response to
ethnic conflict in Kosovo in 1998/1999. By using an extensive program of interviews with former policy actors and public source documents, the thesis argues
that it was a convergence of independent problem, policy, and political dimensions that caused the Kosovo intervention to emerge on the Canadian agenda.
The research interviews contribute a comprehensive insider's view of events as they developed in Ottawa.
(source: https://carletonu.summon.serialssolutions.com/?q=kosovo+crisis#!/search/document?ho=t&l=en&q=kosovo%20crisis&id=FETCHMERGED-carletonu_catalog_b3086281a2, accessed 14 December 2015)
Conférencier reconnu, il a, tant au niveau civil que militaire, devant un auditoire
tant professionnel que diversifié, donné plusieurs conférences dans le cadre,
notamment, de la formation militaire aux officiers mais, également, auprès des
membres du Barreau du Québec et de gens d’affaires de différents milieux eu
égard à des sujets d’actualité.
Me Marceau a également été impliqué auprès du ministère de la Défense nationale,
pour lequel il a agi à titre d'avocat militaire. À ce titre, il a été appelé à conseiller
différents intervenants et à participer à des commissions d’enquête militaire ainsi
qu'à la Cour martiale militaire. Il a été appelé, jusqu’en 2014, à conseiller des
commandants et il a eu l'opportunité de participer à certains exercices militaires
internationaux, notamment sous l'égide de l’OTAN.
Image
source: https://www.facebook.com/jerome.marchildon.3,
accessed 3 January 2019
On 3 March 1870, Elzéar served as a member of the court martial for Thomas Scott,
who was accused of treason against the provisional government in the Red River. 35
Scott was an Orangeman who had recently immigrated to Red River from Upper Canada
and protested violently against Métis land rights.36 Scott not only was in support of the
Canadian government’s claiming of Métis land to be redistributed to Ontario immigrants,
but voiced racist and anti-Catholic sentiments.37 On the day following the trial, Elzéar,
with other members of the court, escorted Scott outside the walls of Upper Fort Garry and
executed him by firing squad. 38
---------
x
"Source Archivia.net ( Original title: Art by Roland Price Meade (left:
Death of Thomas Scott", source of the image for me: biographi.ca/en/bio/scott_thomas_1870_9E.html, accessed 3 January 2019
-------------
Image source for
Ward: cbc.ca/news/canada/nova-scotia/rachel-ward-1.3550310,
accessed 24 April 2017For the first time, former Canadian soldiers are speaking publicly about being tortured at the hands of the Canadian military
during a prisoner of war training exercise in the 1980s.The men say that in February 1984 they were among 33 young recruits who were stripped naked, crowded into small military
jail cells with windows open, denied food and, for up to two days, repeatedly sprayed with cold water. For more than 40 hours
they were forced to listen to loud rock music.
---------------
On the afternoon of 7 June 1944, Lorne Brown, a private serving with the 3rd Canadian Infantry Division in Normandy, was bayoneted to death while trying
to surrender to troops of Nazi Germany's Tlite 12th SS Division 'Hitler Youth.' Over the next ten days, more than a hundred and fifty Canadian soldiers were
brutally murdered after capture by the 12th SS. Despite months of post-war investigation by Allied courts, however, only two senior officers of the 12th SS
were ever tried for war crimes.Drawing extensively on archival sources, Howard Margolian reveals the full account of an atrocious chapter in history and exposes the causes - an inept and
indifferent Canadian military justice system, and a Canadian government all too willing to let bygones be bygones - of the flagrant inaction that followed.
Highly praised for both its meticulous research and its engaging passion, this book will resonate with veterans, those interested in war crimes, military buffs,
and historians. [emphasis in red bold added]
There is unfortunately little appetite by senior leaders to find solutions to technical jurisdictional issues involving
our mandate. The Judge Advocate General (JAG), who is the key legal advisor to the chain of command,showed
us his hand when he bluntly declared to us months after my appointment in 1998 that “the field was occupied”
and that there was no room for the kind of independent oversight we were pursuing. The last seven years have
shown that, in fact, not only was the field unoccupied but it proved to be fertile and ready to accommodate an
office to truly serve the needs of the troops. Unfortunately, all too often, senior leadership has not been able to
divorce itself from the JAG mindset and help us work the field and provide the Office with the tools for it to
really flourish. (p. 13)
......
The second kind of deficiency is far less defensible. When the position of Director General of the CF Grievance
Administration was established, it was set up to function under the authority of the Judge Advocate General (JAG).
It is the JAG, of course, who provides legal advice to the chain of command on matters that may end up being grieved.
It is also the JAG who provides advice to the initial grievance authority on how to respond to grievances. In effect,
the very body that assists in making decisions that may be grieved, or the grievance decisions under appeal, was given
command over the body that would ultimately and finally be deciding the grievances that remain unsettled. This was
a spectacular and obvious conflict. The simple fact that this system was adopted reveals a deficit in understanding about
the importance and nature of independent oversight. Indeed, it smacks of the kind of “trust us” attitude that is resistant
to oversight. It was only because of the intercession of Chief Justice Lamer, who pointed out the conflict, that this system
was changed. The CF Grievance Administration now falls under the command of the Vice Chief of the Defence Staff.
Still, this deficiency has not been remedied effectively. As its website reveals, the JAG continues to provide legal advice
to the CF Grievance Administration. Indeed a former JAG lawyer continues to hold the Director General Grievance
Administration position. The same body that may have advised the chain of command on matters leading to grievances,
or have advised the initial authority on how to respond, advises the CF Grievance Administration and ultimately the CDS
on what to do about it. Unfortunately, the “correction” that took place after the Five Year Review was half-hearted and
superficial. It is evident that the CF Grievance Administration needs independence from JAG influence and access to
independent legal advice in deciding grievances. (p. 23)
......
In spite of the case that I made, Departmental legal advisers, after consultation with Canadian Forces lawyers and
commanders, prepared a mandate that bore no relationship to the principles I had identified. The initial draft mandate
I was offered crafted an ineffective, feeble authority for the Office. The proposed mandate would have cast the Ombudsman,
as a senior JAG lawyer once put it to me, as a “consigliere”-type backroom intervener gently offering the chain of command
non-intrusive nuggets of advice from time to time. The mandate would have prevented the Ombudsman from conducting
investigations. The Ombudsman was to be confined to making informal inquiries, and was to refer matters back to the chain
of command with a recommendation for a board of inquiry or summary investigation. This was not civilian oversight. The
Office was treated as if it was to be cosmetic, a mere pretence of civilian involvement while the military would continue to
decide military matters, without accountability or real input. To make matters worse, in spite of what was widely understood
at the time to be a military culture that was resistant to oversight and change, the mandate was not to be supported by any
directive to members and the chain of command to co-operate with the Office.
Instead, only a platitudinous promise in a
directive from the Minister that CF authorities would be collegial and collaborative was included. I could not accept this.
Faced with our hopelessly conflicting positions, the Minister of National Defence asked that we enter into negotiations with
military and departmental lawyers about the mandate for the Office. (p. 27)
......
The fact is that the Canadian Forces are using solicitor-client privilege in a self-serving way. When members or the chain
of command consult with JAG in the course of their duties before acting, the human being doing the consulting is not the
client. The Canadian Forces is. While it is true that legal privilege does exist even between government lawyers and the
departments being advised, the Ombudsman is not an outsider. The Office of the Ombudsman is independent of the chain
of command but is part of the military apparatus. In a very real sense, to invoke privilege against a DND Ombudsman is
like one arm of an organization invoking it against another arm of the same organization. Moreover, the Ombudsman is the
delegate of the Minister of National Defence. Invoking solicitor-client privilege against the Ombudsman is like invoking
that privilege against the Minister himself. Can you imagine a general saying, “Sorry Minister, but I cannot answer your
question because we acted on legal advice from the JAG.” In truth, use of solicitor-client privilege to shield information
from the Ombudsman where the client is the Canadian Forces is an opportunistic subterfuge calculated to hide information,
but it is a subterfuge we are being met with.(p. 30)
Image
source: www.stcatharinesstandard.ca/2015/01/22/dont-get-rid-of-integrity-commish-ombudsman,
accessed 23 May 2016The military was disorganized and secretive in 2002 in dealing with OSI [Operational Stress Injury].
...
According to Alberta’s public examination into the suicide of Cpl. Shaun Collins, we’re exactly
where we were in 2002.
...
You’d think the chain of command might want to hear what presiding provincial court Judge Jody Moher
would like to recommend about preventing similar deaths when she reports back in a few months.But no. Leave it the Judge Advocate General lawyers to want to gag the presiding judge in making recommendations,
making the idiotic and wrong-headed argument that the province does not have jurisdiction over the military.
Sounds like an act of desperation to avoid dealing with OSI once again. Plus ça change…
Former Federal Court of Appeal and Court Martial Appeal justice Gilles Letourneau, who also headed the Somalia public inquiry in 1995,
told me last week that smart public policy would suggest that sexual assault cases be left to civilian courts due to their seriousness and the
much-greater expertise of civilian prosecutors. I agree, especially given Maclean’s exposé of covered-up rampant sex abuse in the military.
In response to that, then-chief of defence staff Maurice Baril admonished military officers in an open letter that “Canadians demand a higher
standard of behaviour from members in uniform, and so do I.”
Description: OTTAWA (CP) - [Andre Marin], the Canadian Forces ombudsman, wants to fine-tune his
mandate, expand his right to watch the military justice system and open his door to anyone with a beef
against National Defence. Marin said military lawyers interpret a section of the rules to mean they're out
of range of the ombudsman. Lawyers shouldn't enjoy a "zone of immunity." He said he doesn't want to
run afoul of lawyer-client privilege or the sanctity to trial decisions, but added he should be able to look
at questions of legal process, such as undue delays. Lawyers and the military can't be allowed to shelter
behind a broad interpretation of privilege, he said.
[source: http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page&pag=nxt&page
NumberComingFrom=2&frbg=&indx=11&fn=search&dscnt=0&scp.scps=primo_central_multiple_fe&vid=01LOC&mode=Basic&ct=
Next%20Page&srt=rank&tab=default_tab&dum=true&vl(freeText0)=Ottawa%20%22military%20justice%22&dstmp=1471615932860, accessed 19 August 2016]
But let’s think about it and ask ourselves: Have we really saddled our military with too much oversight? The military has an ombudsman,
but it’s a far cry from the parliamentary inspector general recommended by the Somalia inquiry in the 1990s. The office operates as an internal
body and has none of the statutory powers and independence of a parliamentary ombudsman.The Canadian Grievances External Review
Committee, run by a former lieutenant colonel, can make non-binding recommendations to the chief of defence staff on grievances from the
rank and file. The Military Complaints Commission offers similar avenues of complaints and investigations that civilian police have to contend with.
......
Maybe Thibault’s beef had to do with a fatality inquiry report released almost at the same time as he was airing his beef about checks and balances.
Military lawyers had attempted to stop the provincial inquiry on the absurd basis that the province had no jurisdiction over the federal government.
Provincial inquests about deaths in federal penitentiaries are routine and go unchallenged.
source de
l'image: https://twitter.com/melmarquis?lang=en
(accessed 13 March 2017)OTTAWA – Le droit à l’autodéfense — même préventive — justifie la légalité de la campagne aérienne en Syrie en l’absence de «consentement explicite»
du président Bachar el-Assad, a plaidé le ministre fédéral de la Défense.Le Canada agira donc en conformité avec le droit international lorsqu’il effectuera des frappes dans l’espace aérien syrien dans l’objectif d’«éliminer» la
menace que représente le groupe armé État islamique (ÉI), a exposé mercredi Jason Kenney.
«Nos opérations militaires en Syrie sont justifiées en vertu de l’article 51 de la Charte des Nations unies, précisément en ce qui a trait au droit naturel de
légitime défense, individuelle ou collective», a-t-il dit en point de presse.
Cet avis juridique a été fourni au ministre Kenney par le juge-avocat général, qui est l’avocat militaire principal des Forces armées canadiennes (FAC).
Office of the Judge Advocate General, Canadian Armed Forces
Directorate of Administrative Law- Grievances
Provided legal advice to the Canadian Armed Forces in relation to grievances and judicial reviews. Drafted legal opinions and memoranda on complex administrative and constitutional issues.
Directorate of Administrative Law- Compensation, Pension, Benefits, Estates and Elections
Provided legal advice to the Canadian Armed Forces in relation to the pay, benefits, pensions and estates of members. Drafted legal opinions and memoranda on a range of pay, benefits, pension and estate issues.
(source: https://ca.linkedin.com/in/byron-marrello-06274338, accessed 13 April 2017);
"Office of the JAG @JAGCAF [2019] Maj Byron Marrello earned the
title Most Northerly Judge Advocate on his trip to@CanadianForces Station Alert.
Maj Marrello was on the Ellesmere Island to provide instruction to attentive#CAF
members on charge laying and unit disciplinary investigations.", accessed 29 November 2019.
[Photo source: (Nov-Dec 2000) 4 JAG Newsletter-Bulletin d'actualités at p. 6,
accessed 26 October 2017]
Pressing (and holding) the Ctrl key and scrolling the wheel
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- COX, Kevin, "Marsaw ends hunger strike--Navy restores his former rank", The Globe and Mail, 29 November 1996, at p. A1:
[Source: ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview, accessed 4 November 2018]
- Court Martial Appeal Court: R. v. Marsaw, 1997 CanLII 17154 (CMAC), <http://canlii.ca/t/ggpvw>, retrieved on 2018-11-04;
- "Court overturns conviction of submarine commander in crew-abuse case", 10 September 1997, available at
apnews.com/article/ecfc15eb9366b6ea3cc2c3b816b973ca (accessed 25 September 2020);
- "Canadian Navy is paying former submarine commander Dean Marsaw up to $180,000 and allowing him to
retire with an honourable release rather than lauch another court martial...", Canadian News Facts, 10/1997,
volume 31, issue 18, start page 5572, ISSN: 0008-4565; information obtained from http://yale.summon.serialssolutions.com/
#!/search?ho=t&l=en&q=canadian%20court%20martial, accessed 7 February 2020;
-----------
Canadian Forces College gates, source: Mary-Ellen Clark, the author
en.wikipedia.org/wiki/Canadian_Forces_College Source: canada.ca/en/department-national-defence/services/caf-jobs/life/gtkyf/profiles.html,
and look for year 2015 accessed 22 July 2018
- 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);
“Between 1995 and 1996 Lieutenant Commander Dean Marsaw underwent court martial
proceedings over the alleged abuse of his crew on board Her Majesty’s Canadian Submarine
OJIBWA. Allegations ranged from verbal to physical abuse and included an alleged incident
of sexual abuse of a subordinate on board the boat he commanded. While the media focused
on weaknesses in the Canadian Forces (CF) military justice system throughout Marsaw’s
court martial, this paper examines the ‘lost story’ concerning the court martial – how key
lessons can be identified for the Canadian Forces in the areas of organizational culture,
leadership and accountability. Marsaw’s court martial represents three key factors in the
relationship between culture, leadership and accountability: the critical role of the leader
as the primary agent who embeds culture in an organization; the historical and leadership
style influences in Canadian submarine culture that impacted Marsaw’s leadership ability;
and at the instruction level, the requirement for external accountability mechanisms due to
failures in the CF’s ability to self-regulate as a profession. The Somalia Commission identified
the need for renewal in the areas of culture, leadership, and accountability during the era of
Somalia and Marsaw, and fundamental changes have taken place in both CF culture and
leadership; however, negligible change has occurred in the realm of accountability. While
the Department of National Defence (DND) and the CF hold to the principles of and
reporting requirements for accountability to the federal government, the CF has failed
to introduce effective changes in the area of accountability for leader behaviour both
at the individual and unit level, proving that the CF has lost its privilege for self-regulation
as a profession of arms until it makes significant changes in this area.” ( p. viii)
CANADIAN BROADCASTING CORPORATION [CBC], "On the Beach", The Fifth Estate: Re the Marsaw Affair, aired Tuesday, 3 December 1996, 2100 h.;
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Please note that the title in bold at the top of the article has been omitted
---------------------------------
Image
source for Kimberley Marten: , accessed 26 December 2014
Image
source: http://www.allard.ubc.ca/faculty-staff/andrew-flavelle-martin,
accessed 22 May 2019Military lawyers—lawyers who are legal officers in the Canadian Forces—
are virtually ignored in the Canadian legal literature. This article assesses
what appear to be the most striking potential legal ethics issues facing
military lawyers. Several of these issues arise because military lawyers are
both lawyers and military officers at the same time, and therefore face two
sets of obligations that interact in complex ways. Some issues, however, arise
because of the special practice contexts of military lawyers, for example,
advising military commanders on the law of armed conflict. As context for
this discussion, the article examines the relationship and tension between
the Judge Advocate General and the Minister of Justice. It concludes with
recommendations for amendments to the rules of professional conduct and
the legislation governing the Canadian Forces to resolve these ethical issues.
The article also proposes legislative amendments to clarify the relationship,
and reduce the tension, between the Judge Advocate General and the Minister
of Justice.
Description: NDP justice critic Svend Robinson, Liberal status of women critic Mary Clancy and Liberal MP Sheila Copps also want the military's
justice system reviewed, saying it allows two standards of justice for Canadians. While "the military has to deal with military matter," [George Rideout]
said, in [Christian Pepin]'s case, the crime "occurred outside of Canada and outside the base in a foreign country. The lady involved was a civilian. It
seems to have been a civilian crime committed in Hungary." Black & White Photo; CP; NDP MP Svend Robinson ... objects to sentencing.
(source: http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page&pag=nxt&pageNumberComingFrom=
3&frbg=&indx=21&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)=Ottawa%20%22military%20justice%22&dstmp=1471629193990, accessed 19 August 2016);
Image
source: lfpress.com/news/national/navy-reservist-gets-2000-fine-and-severe-reprimand-for-
Dominic Martin promu au rang de Lieutenant-Colonel et félicité par le Colonel
Bruce MacGregor à gauche.
[source de la photo: Canadian Military Prosecution Service @CMPSCAF [2019], accessed 27 July 2019]
Source: scc-csc.ca/case-dossier/info/webcastview-webdiffusionvue-eng.aspx?cas=37972&id=2018/
2018-10-16--37972&date=2018-10-16, accessed 16 October 2018
------------------------
Image source: www.cba.org/Sections/Military-Law/Galleries/Photo-Gallery/2014/2014-Ethics-and-Military-Law-Conference,
accessed 13 September 2016During its 1999-2000 term on the United Nations Security Council, Canada helped launch the Council's "Protection of Civilians in Armed Conflict"
agenda. This aimed to reduce civilian war casualties through better respect for international humanitarian law [IHL]. This article reviews the agenda's
origins and evolution ten years on. The authors focus on Canada's contributions in increasing the Council's efforts to protect civilians, with three main
assertions. First, Canada had a key role in creating and promoting the agenda, an important IHL initiative. Second, the agenda is well established in the
Council's work, but needs further effort to ensure greater impact in specific situations. Third, Canada could develop the agenda and improve respect for
IHL if it joins the Security Council for the 2011-2012 term, picking up its "unfinished business" from its last Council term.
(source: http://web.archive.org/web/20130407065442/http://www.icrc.org/eng/assets/files/2012/ihl-bibliography-4th-trimester-2011.pdf, at p. 31, accessed 16 March 2015)
Image
source: www.pressrush.com/author/8521978/kevin-martin,
accessed 19 March 2016
-----
Calgary military reservist Darryl Watts won’t have to serve jail time for his role in a deadly Afghan training exercise
three years ago, a judge ruled Wednesday.
Instead, Watts was stripped of his rank as major in the Canadian Forces and reduced two levels to a lieutenant.
Cmdr. Peter Lamont said the jail term sought by the prosecution was too harsh, but Watts required more than the
simple reprimand sought by the defence.
Image
source: http://www.theglobeandmail.com/authors/lawrence-martin,
accessed 18 January 2016The detainees' imbroglio figured prominently in the resignation of defence minister Gordon O'Connor. It prompted revelations by diplomat
Richard Colvin that tore holes in the government's credibility. It prompted a mea culpa by Chief of the Defence Staff Walter Natynczyk.
It was a factor behind Stephen Harper's much-regretted decision to prorogue Parliament, a move that sparked a national protest. It led to
an extraordinary ruling from House Speaker Peter Milliken condemning the government for breach of parliamentary privilege in its refusal
to release uncensored documents.
--9th Judge Advocate General, 1986-1990
ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca..., accessed 15 September 2018
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of the mouse allows to zoom in or out of the web page being viewed
ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca..., accessed 13 March 2019
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of the mouse allows to zoom in or out of the web page being viewed
Note: title omitted from article's image above.
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Source: ProQuest Historical Newspapers, The Globe and Mail
https://search-proquest-com.ezproxy.biblioottawalibrary.ca...., accessed 25 November 2018
MARX, Herbert, 1932-2020, " 'The 'Apprehended Insurrection' of October 1970 and the Judicial Function", (1972) 7(1) UBC Law Review 55-69;
____________ "The Emergency Power and Civil Liberties in Canada",
(1970) 16 McGill Law Review 39-91; Herbert Marx was one
of my law professors of constitutional law in the early 1970s at
the University of Montreal; he also became the Quebec
minister of justice and later on a judge; available at http://lawjournal.mcgill.ca/userfiles/other/4841543-marx.pdf
(accessed 18 October 2018);
___________ "Human Rights and Emergency Powers", in The Practice of freedom : canadian
essays on human rights and fundamental freedoms, Toronto:
Butterworth, 1979, at pp. 439-462;
MASON, J.A.R. (Jim), 1891-1977, "Case and Comment : Military Tribunals -- Restraint of By Civil Courts -- Habeas Corpus and Prohibition", (1946) 24 Canadian Bar Review 210-217; Research Note: article comments in part on In the Matter of the King v. George Hector Thompson, [1946] O.R. 77 (LeBel J.) and The King v. George H. Thompson, [1946] O.W.N. 217 (Urquhart J.); available at : https://cbaapps.org/cba_barreview/Search.aspx?VolDate=06%2f01%2f2017, accessed 22 October 2017;
___________"Group Capt. Mason Arrives Home", The Globe and
Mail, 3 February 1945; available at https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview/1356073650/330F5E87FB024E65PQ/15?accountid=46526
(accessed 19 July 2018); legal officer with the JAG Branch; was
deputy judge advocate; practive law in Toronto with the firm of
McRuer, Mason, Cameron and Brewin;
____________on MASON, Group Captain J.A.R., see McDONALD, R.
Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at p. 59,
available at i-xii
and 1-102;
___________on MASON, Group Captain J.A.R., having authority to
perform "the powers, duties and functions of the Judge
Advocate-General", see :
- HUNTER, T.M., Some aspects of disciplinary policy in the Canadian services, 1914-1946, [Ottawa?] : Army Headquarters, Historical Section, report number 91, 15 July 1960, 131 leaves, at p. 89, paragraph 115, 29 cm; "NOTES: "This report was prepared by Lt.-Col. T.M. Hunter, a member of the Law Society of British Columbia"--Leaf 114; "Unclassified under reference DHD 3-1 dated 19 May 1981"; available at http://www.cmp-cpm.forces.gc.ca/dhh-dhp/his/rep-rap/ahqrd-drqga-eng.asp?txtType=3&RfId=280 and http://www.cmp-cpm.forces.gc.ca/dhh-dhp/his/rep-rap/doc/ahqr-rqga/ahq091.pdf (accessed on 14 September 2013); also available at http://publications.gc.ca/collections/collection_2016/mdn-dnd/D63-5-91-1960-eng.pdf (accessed 8 January 2019);
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of the mouse allows to zoom in or out of the web page being viewed
___________photo of J.A.R. Mason with others, see "Three Lawyers
Defending London Doctor Who Is Now on Trial for His Life", The
Windsor Star, Tuesday, 1 March 1938 at p. 12, available at
https://www.newspapers.com/image/...., accessed 22 June 2020;
trial of Dr. Cline, in London, abortion murder of Miss Mary
Wilkinson;
From left, J.A.R. Mason, James C. McRuer and William E. Dyer
___________photo of J.A.R. (James Arthur Ryerson) Mason from http://lsuc.minisisinc.com/lsuc/scripts/mwimain.dll/1758/12/2/9937?RECORD&DATABASE=DESCRIPTION_WEB,
accessed 2 July 2020;
James Arthur Ryerson, 1891-1977
MASON, John William, Basic Freedoms in the Canadian
Armed Forces, Thesis (M.A.), Carleton University,
Ottawa, Ontario, 1972, ii, 159, [12], vii p. (Canadian
theses on microfilm; 10946); available at http://curve.carleton.ca/theses/21222
(accessed on 11 August 2013);
MASON, Peggy, “RE: Need for Commission of Inquiry on Canada’s Transfer of Afghan Detainees to Torture”, Rideau Institute, June 7, 2016; title noted in my research but document not consulted yet (21 December 2020);
Peggy Mason, image source:
opencanada.org/contributors/peggy-mason/,
accessed 29 December 2017
MASON, Peggy and Omar Sabry, "How Canada failed Afghan detainees:
Canada knowingly transferred detainees in Afghanistan to
facilities where torture was rife. Since then, the Canadian
government has avoided all accountability. This is our unfinished
business", Open Canada . Org, 16 October 2015, available at https://www.opencanada.org/features/how-canada-failed-afghan-detainees/
(accessed 29 December 2017);
The government of Stephen Harper vociferously resisted — and systematically blocked — all efforts at transparency and accountability.
Citing operational security concerns, it refused to provide uncensored information to the public, Parliament, the Federal Court and the
Military Police Complaints Commission (MPCC). It used court challenges to prevent the MPCC from investigating the policy decisions
behind the transfer of Canadian-held prisoners to Afghan torturers. It also thwarted an investigation by the House of Commons special
committee on Afghanistan, first by refusing to disclose documents and then by shutting down the committee when the Conservatives
won a majority in 2011.How could Canada have strayed so far from its bedrock principles of respect for human rights and the rule of law? Through persistent
obfuscation, Prime Minister Harper has sought to avoid any accountability for alleged grave breaches of international and Canadian
laws prohibiting torture.Only a public inquiry — if not by Harper, then by his successor — will allow us to understand what went so terribly wrong in Kandahar,
and how to ensure that it never happens again. Our common humanity demands no less.
He holds a Bachelor of Laws from Université Laval (Québec) and a Masters in European Law from the Université de Nantes (France).
He was called to the Quebec Bar in 1998. Mr. Massicotte is a lecturer at Université Laval where he teaches “Professional Practice II”,
a course in construction law dedicated to master's students in architecture. Since 2006, he also teaches at the École du Barreau du Québec
and has been an instructor for the Ordre des architectes du Québec for more than ten years. He is also a guest speaker for various
organizations and professional associations. Finally, he served as a Deputy Judge Advocate in the Canadian Forces for just over six years.
___________on MASSICOTTE, Samuel, Université Laval, RPA
: Rapport du programme en
architecture soumis au Conseil canadien de
certification en architecture, 10 septembre
2018, la page BV 194, disponible à https://www.arc.ulaval.ca/files/arc/RPA_EAUL_DocB.pdf
(consulté le 16 février 2018):
Samuel Massicotte
Avocat • Stein Monast, Avocats S.E.N.C.R.L.2006-2012 Juge-Avocat adjoint –Cabinetdu Juge-Avocat Général, Ottawa
Officier de la réserve navale, au grade de Lieutenant de vaisseau, conseiller
juridique aux Commandants d’unités en droit disciplinaire
Image
source: brill.com/international-military-missions-and-international-law,
accessed 16 December 2016MASSIDDA, Paolina, "Criminal Responsibility of International
Military Missions and Personnel" in Marco Odello and Ryszard
Piotrowicz, rds., International military missions and
international law, Leiden/Boston : Martinus Nijhoff
Publishers, 2011, xxi, 308 p. , at chapter 8, 25 cm.
(International humanitarian law series ; v. 31), 9789004174375
(hbk. : alk. paper); available in part at https://books.google.ca/books?id=vplfUo4IL_gC&printsec=frontcover&dq=isbn:9789004174375&hl=en&sa=X&ved=0ahUKEwjiurvd1PjQAhUHzGMKHUQ-AwMQ6AEIHDAA#v=onepage&q&f=false
(accessed 16 December 2016);
source
de l'image: http://uqam.academia.edu/JustinMassie,
visité 9 septembre 2015
Justin Massie
MASSIE, Justin, professeur, "Quadrilatère transatlantique : sources de légitimité politique de l’usage de la force militaire au Canada" (2008) 37 International Journal of Canadian Studies 83–114; disponible à https://www.erudit.org/fr/revues/ijcs/2008-n37-ijcs3714/040796ar.pdf (consulté le 5 juin 2018);
____________ "Relations extérieures du Canada et du Québec",
[titre du cours], POL 8421-20, Université du Québec à Montréal,
Département de science politique, Hiver 2014, 27 pages; syllabus
du cours avec bonne bibliographie; disponible à http://politique.uqam.ca/upload/POL8421-20-H14-Massie.pdf
(vérifié 9 septembre 2015);
------------------
Bruno Masson
An experienced public speaker, I’ve been giving presentations to large crowds from a young age.
I went from president of the youth council to administrative assistant for the Judge Advocate General.
I have lots of experience with the public from all across Canada. As an active military employee,
I’ve learned to always give 110% and will do the same for your wedding celebration.
[oversized bold is my own]
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Step One [of the targetting process]: End State and Commander’s Objectives demands
commanders develop their mission, objectives, intent, priorities and desired effects while
clarifying the Rules of Engagement (ROEs) and acceptable collateral damage. ...
The Force Legal Adviser(LEGAD) takes a leading role in legitimizing the target selection.
This process ensures that the selected targets fall within the LOAC principle of “Military
Necessity” and “Distinction”.51 The products of the first step are then passed to the second
step which is Target Developmentand Prioritisation.52
StepTwo of the targeting cycle is heavily reliant on all source intelligence. It firstly involves
Target System Analysis (TSA). TSA requires collection of detailed intelligence on each
individual target from step one to determine operational and legal aspects in engaging it.
....
___________
51International Committee of the Red Cross,The Law of Armed Conflict: Basic Knowledge. (Geneva: ICRC,
2002), 1-29. Accessed online from https://www.icrc.org/en/doc/assets/files/other/law1_final.pdfon 24 March 2019.
52Joint Doctrine Branch, Canadian Forces Joint Publication: CFJP 3-9 Targeting 1st Edition. (Ottawa: Department
of National Defence, 12 December 2014), 4-1 to 4-20.
Photo of David Matas, reproduced from http://www.beyondborders.org/wp/speakers-bureau/
(accessed on 1 April 2014)
MATAS, David, "Equality and the Military Abroad", August 2006,
pdf format, part of the "2006 Canadian Legal Conference Full
Binder"; available from the Canadian Bar Association Store;
$40.00 for non-members and $25.00 for members;
MATERI, Ashley, 3rd Cdn Div Public Affairs, "One-of-a-kind
internship opportunity offered by the Armed Forces and University
of Alberta", Edmonton Sun, 9 November 2017; available at https://www.pressreader.com/canada/edmonton-sun/20171109/282677572569050
(accessed 10 November 2017);
MATCHETT, Terrence J., appointed to Provincial Court of Alberta in 2008:
Terrence J. Matchett, Q.C. received his law degree from the University
of New Brunswick in 1977.He was called to the Bar in New Brunswick
in 1977, in Saskatchewan in 1980, and in Alberta in 1985.Since August
2001, he has been Deputy Minister of Alberta Justice and Deputy Attorney
General. Priorto that, he was the Assistant Deputy Minister of the
Criminal Justice Division. He is also a formerprosecutor and Director of the
Special Prosecutions Branch of Alberta Justice. His experience includes
several years as Regional Crown Prosecutor responsible for criminal
prosecutors in northwesternSaskatchewan as well as three years in the
private sector defending criminal matters. He has lectured atnumerous
continuing legal education conferences and seminars as well as at the
University of AlbertaLaw School, and was a member of the Judge
Advocate General Advisory Panel on Military Justice.
[source: alberta.ca/release.cfm?xID=240947596F5B7-9F92-E368-
2444C374CA7EF234, accessed 18 April 2020]
MATHIESON, David L., legal officer with the OJAG, see
article: "Mr. Mathieson Honoured By Bar Society On Eve Of
Departure For West", The Guardian of the Gulf,
Charlottetown, Tuesday, 30 September 1952, at pages 1 and
11; available at https://islandnewspapers.ca/islandora/object/guardian:19520930-001
for p. 1 and https://islandnewspapers.ca/islandora/object/guardian:19520930-011
for p. 11 (accessed 2 October 2018);
Extract from p. 11
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-------------------
Image
source: hrsbstaff.ednet.ns.ca/waymac/Sociology/A%20Term%202/Obedience%20Power%20and%20Control/somalia_affair.htm
Carol Mathieu saluting at the end of his
testimony
Carol Mathieu, commanding
officer of the Canadian Airborne Regiment
at the Somalia Inquiry Commission
Image source: www.cbc.ca/archives/categories/war-conflict/peacekeeping/the-somalia-affair/lt-col-carol-mathieus-testimony.html,
accessed on 30 November 2014
MATHIEU, Carol, Law of war training for the Canadian
Forces : a luxury or a necessity, Toronto: Canadian Forces
Command and Staff College, 1984 (series; Exercise New Horizons;
DSIS 01727), 1 microfiche; research notes: LCol Mathieu was court
martialled twice and twice acquitted; LCol Mathieu testified at
the Somalia inquiry; his paper is probably on the CD of the
commission;
___________research note pour aller plus loin: LCol Carol Mathieu
was court martialed twice and twice acquitted; the transcripts of
his two courts martial are on the CD of the commission available
at universities;
MAYBEE, Larry, Major, legal officer, member of the OJAG, see
"Major Larry Maybee" in the article by the New Zealand Army, Legal
Service, Directorate of Legal Services, Headquarters New Zealand
Defence Force, Wellington"Kiwi Corner: A Random update on former
JAG Officers serving in the New Zealand Armed Forces", 1997, 3
pages, in (January-February 1998) JAG Newsletter-Bulletin
d'actualités;
Major Larry Maybee CD, formerly Somalia Coordinator and DJA Petawawa, was the
second and ("no promises") last Canadian to take up a position with the New Zealand Armed
Forces as a legal officer.
Larry moved to Wellington, NZ in February 97 and joined the New Zealand Army Legal Service
as a Major. He spent 20 years in the Canadian Armed Forces, the first 15 of which were as an
Armoured officer (and a professional student) and the last 5 as a legal officer with JAG. He attended
the University of New Brunswick Law School under MLTP and was admitted to the NB bar in 1992.
....
His call to the [New Zealand] bar was on 20 November 97....
[pages 1 and 2]
____________see Larry Maybe on Linked in at https://www.linkedin.com/in/larry-maybee-10b85819/
(accessed 13 January 2019);
Larry Maybe
____________see video on MAYBEE, Larry: "Larry Maybee talks about
ICRC", You Tube, available at https://www.youtube.com/watch?v=EYI2YBKNQFw
(accessed 13 January 2019);
Source of
image: https://twitter.com/amayeda, accessed 23 September 2016
Ms. Caroline Maynard was appointed Interim Chairperson and Chief Executive Officer of the [Military Grievances
External Review] Committee for a one-year term, commencing on January 4th, 2017. Her term was recently extended to April 3rd, 2018Since 2006, Ms. Maynard has held the position of Director of Operations and General Counsel to the Committee.
Prior to working at the Committee, Ms. Maynard worked as Legal Counsel at the office of the Judge Advocate
General (Department of National Defence), the RCMP External Review Committee, the Canada Revenue Agency
and in private practice.She holds a Bachelor of Laws from Sherbrooke University and has been a member of the Quebec bar since 1994.
[source: https://canada-prod.adobecqms.net/en/military-grievances-external-review/corporate/about/committee-members/maynard-caroline.html, accessed 7 November 2017]
[Research note: Nominated new Canada's information commissioner, circa 14 February 2018, see https://www.ctvnews.ca/politics/trudeau-nominates-lawyer-caroline-
maynard-as-new-information-commissioner-1.3803861, accessed 19 February 2018]
Caroline Maynard
__________Caroline Maynard is the Information Commissioner of
Canada, see https://www.oic-ci.gc.ca/en/information-commissioner-canada
(accessed 15 July 2019);
Caroline Maynard is the current Information Commissioner of Canada. She was appointed for
a seven-year term on March 1, 2018.Appointed by and reporting directly to Parliament, the Commissioner investigates complaints
about how federal institutions process and respond to requests under the Access to Information Act,
Canada’s freedom of information legislation. When required, the Commissioner also pursues points
of access before the courts.The Commissioner provides arms-length oversight of the federal government’s access to information
practices, working with institutions to ensure they meet their obligations under the Act.As an Agent of Parliament, the Commissioner offers information and advice to Parliamentarians on
matters related to access to information.The Commissioner is supported in her work by the Office of the Information of Canada.
Prior to her appointment as Information Commissioner, Ms. Maynard led the Military Grievances
External Review Committee for as Interim Chairperson and Chief Executive Officer from January
2017 to March 2018, after serving as Director General, Operations, and General Counsel in the
organization for a number of years. Earlier in her career, she was Legal Counsel in the Office of the
Judge Advocate General and the Royal Canadian Mounted Police External Review Committee.
Ms. Maynard also worked with the Canada Revenue Agency and briefly in private practice.Ms. Maynard holds a Bachelor of Laws from the Université de Sherbrooke, and has been a member
of the Quebec Bar since 1994. A native of Saint-Hyacinthe, she lives in the National Capital Region
with her family.[emphasis in bold and size added]
___________on Caroline Maynard, the Information Commissioner, see
her decision about a memorandum of Understanding between Justice
Canada and DND/CF for the provision of legal services,
available at http://www.lareau-law.ca/Access-2015-00288.pdf,
accessed 26 June 2020; the complainant was François Lareau;
here is an excerpt hereunder:
Excerpt only read complete report here
Image
source: www.google.ca (image search), 19 February 2015
MAYNARD, Major Kim (Kimberley Dawn Smith Maynard), Biographical
notes available at http://www.cdp-hrc.uottawa.ca/uploads/Maynard%20Maj%20Bio%28Bilingual%2916%20Aug%2010.pdf
(accessed on 3 June 2012);
___________photo, source: (2005) 1 Les actualités JAG
Newsletter at p. 59:
Pressing(and holding) the Ctrl key and scrolling the wheel of the mouse
allows to zoom in or out of the web page being viewed
Photo
by MCpl Paul MacGregor, Canadian Forces Combat Camera,
IS2005-1174a
Captain Kim Maynard, 2005, Legal Officer,
Ampara, Sri Lanka
___________Photo, Canadian Forces Imagery Gallery, available
at http://www.combatcamera.forces.gc.ca/gallery/cc_photos/detail/?filename=IS2005-1174a&assetId=3690
(accessed 31 May 2017);
Captain Kim Maynard, a Legal Advisor with the Canadian Forces Disaster Assistance Response Team (DART), fills her CAMELBAK hydration system.
Capt Maynard from Trenton, Ontario is in Sri Lanka to provide humanitarian aid.
Ampara, a district of approximately 600,000 people, was hit hard by the December 26 tsunami and suffered an estimated 10,400 deaths. An estimated total
of 105,560 people have been forced to seek temporary shelters.
--------
____________"A Recap of the CBA 2016 Military Law Conference", Canadian Bar Association Web Site, 7 July 2016; available at https://www.cba.org/Sections/Military-Law/Articles/2016/recap (accessed 20 August 2016);
The key note address was given by Rear-Admiral Jennifer Bennett, the Director General of the Canadian Armed Forces Strategic
Response Team on Sexual Misconduct. She focussed on steps the CAF have taken and continue to take to recruit, retain and
integrate women, and she described the campaign to address the “sexualized culture” as described in the Deschamps Report, in
the CAF. The address was followed by an engaging panel on the challenges of sexual assault proceedings from the perspective
of a military prosecutor (Maj Maureen Pecknold), a civilian defence lawyer (Ms. Anne London-Weinstein) and a civilian lawyer
who regularly represents victims of sexual assault, (Mr. Phillip Millar). The panel was moderated by Commander Martin Pelletier,
Military Judge.
___________research note: LCol Kim Maynard, recent photo with
others:
"Office of the JAG @JAGCAF hours ago [2 May 2019] AJAG Central LCol Kim Maynard,
MGen (Ret’d) Fraser Holman, Maj Eric Weaver, DJA Toronto, and LCol (Ret’d) Diane Kruger
enjoyed the annual joint dinner of the@rcmiHQ and the@RoyalCdnLegion earlier this
week, a great opportunity to connect with defence stakeholders".
MAYNARD, Robert, "Rules of engagement in ground operations
: a legal or training problem?", JCSP: Master of Defence
Studies (2008), available at http://www.cfc.forces.gc.ca/259/260/262/maynard2.pdf
(accessed
on 2 January 2012);
Image source: http://www.provincialcourt.bc.ca/enews/enews-05-04-2016
(accessed 9 October 2016)Major Bruce Mayo enlisted in the CF in 1974 and served with the military police. In 1982 he took his
release from the CF and attended law school at the University of Manitoba. He was called to the
Manitoba bar in 1986. After practicing law in Brandon, Manitoba, he re-joined the CF as a legal
officer in 1988.
___________on MAYO, B.C., Capt, see the article where Capt. Mayo
is the prosecutor: Jones, Lyndon, "Court Martial Hears Final
Summation", The Whig Standard, Kingston, 23 November
1989, at p. 1; re court martial of Warrant officer George
Turnbull; the Judge-Advocate was Colonel Pierre Boutet and the
defending officer Major G.K. Duncan;
___________was a lawyer and
a Captain on 31 December 1990 with the
OJAG; his
seniority date for
that rank was 1
September
1988(source:
Canadian Forces Officer's List (Regular)
(Bilingual), A-AD-224-001/AF-001,
31 December 1990; obtained from
DND, Access to Information and Privacy, file
A-2019-00318, 13 February 2020);
___________"The power of flight safety : A background and overview
of Bill C-7, An Act to Amend
the Aeronautics Act, Part 2" (April/Avril 2008) Sword & Scale -- Salut militaire;
available at http://www.cba.org/CBA/newsletters/mil-2008/news.aspx
(accessed on 26 April 2012);
FRANÇAIS:
___________"Le pouvoir de la sécurité aérienne : contexte
et teneur du projet de loi C-7, Loi
modifiant la Loi sur l'aéronautique" (April/Avril 2008) Sword & Scale -- Salut militaire;
disponible à http://www.cba.org/abc/nouvelles/mil-2008/nouvelles.aspx#article3
(site visité le 26 avril 2012);
Dr. Richard O. Mayne, photo detail,
twitter.com/RCAF_ARC/status/1022492905045454848
MAYNE, Richard O., Lieutenant (N), "Protesters or Traitors? Investigating Cases of Crew Sabotage in the Royal Canadian Navy: 1942-45" (Spring 2005) 6(1) Canadian Military Journal 51-58; available at http://www.journal.forces.gc.ca/vo6/no1/history-histoire-eng.asp (accessed 1 October 2017); in 2016, Dr. Richard Oliver Mayne is Director, RCAF History and Heritage;
MAZER, Brian Michael, Manhattan to missiles : Canada, nuclear
weapons and international law : an interdisciplinary study,
LL.M. University of Alberta, 1977, xii, 200 leaves ; 28 cm;
Image
source: https://twitter.com/pjmazereeuwMAZEREEUW, Peter, "‘No money’ to bring in missing-in-action
military justice reforms, four years after being made law.
The government still hasn’t brought into force several big changes
to the way the Canadian Forces disciplines its members, and says
doing so will be complicated and expensive", The Hill Times,
23 January 2018; available at http://www.hilltimes.com/2018/01/22/no-money-bring-missing-action-military-justice-reforms-four-years-made-law/131582
(accessed 23 January 2018);
Image
source: iclmg.ca/press-release-appointment-of-new-iclmg-national-coordinator-monia-mazigh/,
accessed 11 October 2016
Monia Mazigh
MAZIGH, Monia, "Oversight and Review Mechanisms: Which One to
Choose?", News from International Civil Liberties Monitoring
Group, 12 January 2016 ; available at http://iclmg.ca/oversight-and-review-mechanisms-which-one-to-choose/
(accessed 21 January 2016);
On February 19, 2015, four former Canadian Prime Ministers wrote an op-ed in the Globe and Mail entitled “A Close Eye on Security Makes Canadians Safer”.
They were urging Canada to implement an accountability regime that would deal with the government national security activities.
...
Canada is the only country amongst the Five Eyes without any sort of oversight process regarding its national security agencies. However, Canada has two
external review bodies:...
- The Security Intelligence review Committee (SIRC) established in 1984 to review CSIS activities;
- The Communication Security Establishment (CSE) Commissioner established in 1996 to review CSE activities.
Today, there are 17 Canadian agencies involved in national security information sharing, and only three have some sort of a review mechanism: CSIS,
the CSE and somewhat the RCMP. What about departments and agencies such as Public Safety, Canada Border Services Agency (CBSA), Financial
Transactions and Reports Analysis Centre (FINTRAC), Foreign Affairs, etc? They have none.
...
In 2005, Bill C-81 was introduced by the Liberal government as an Act to establish a National Security Committee of Parliamentarians. It is the first
attempt after the “Maher Arar case” to create an oversight body. This legislation died when the Parliament was dissolved on October 29, 2005 and
general elections were called.In 2013, private member’s bill C-551 was introduced by Liberal MP Wayne Easter. The proposed legislation was to establish a parliamentary
committee to oversee all national security activities. The bill stopped at the first reading in the House. Private member bills rarely become laws especially
under majority governments, which was the case at the time.In 2014, private member’s bill C-622 was introduced by Liberal MP Joyce Murray with the intent to impose greater judicial and parliamentary scrutiny
on the CSE as well as creating a Parliamentary Committee on intelligence and security matters. The bill was voted down at the second reading.And finally, in 2014 again, Bill S-220 was introduced by the Conservative Senator Hugh Segal and supported by his liberal colleagues Roméo Dallaire and
Grant Mitchell. The intent of the bill was to create an all-party committee of parliamentarians on national security and intelligence oversight. The bill stopped at the second reading in the Senate.
Colonel (Retired) Dominic McAlea
Colonel (Retired) McAlea joined the Perley and Rideau Veterans’ Health Centre Foundation as a board member earlier this year. Dominic was
called to the Bar of Ontario and enrolled in the Canadian Armed Forces in 1981. He then served over 34 years in the Canadian Armed Forces.During that period, he prosecuted and defended within the Canadian Armed Forces courts martial system, served with the Special Service
Force in Petawawa, completed Master of Laws studies in Public International Law at the London School of Economics and Political Science,
deployed to the Middle East during the 1st Gulf War, investigated war crimes in the Former Yugoslavia, provided legal advice to SACEUR
while posted to the Supreme Headquarters Allied Powers Europe, helped negotiate and draft the Rome Statute of the International Criminal
Court, helped develop and promulgate the suite of anti-terrorism legislation post 9/11, completed Master of Philosophy studies in International
Affairs at the University of Cambridge, deployed to the Democratic Republic of the Congo and drafted the strategic plan for reforming the
Congolese military justice system, worked on the International Military Staff at NATO Headquarters overseeing NATO-led operations in
Afghanistan, and then deployed to Kabul as Canada’s Defence Attaché to Afghanistan before retiring at the rank of colonel earlier this year.
(source: https://www.perleyrideau.ca/article/colonel-retired-dominic-mcalea--243.asp, accessed 27 February 2017).
___________"Full-time Vice-Chairperson [to the Military
Grievances External Review Committee]", Government of Canada, 15
January 2018; available at https://www.canada.ca/en/military-grievances-external-review/corporate/about/committee-members/dominic-mcalea.html
(accessed 18 January 2018);
Dominic McAlea
Full-time Vice-Chairperson [to the Military Grievances External Review Committee]
Four-year term, from March 28th, 2018 to March 27th, 2022Dominic McAlea is a senior executive with extensive management experience with the Canadian Armed Forces,
Mr. McAlea holds a Bachelor of Laws from the University of Windsor; Master of Laws in Public International
Department of Justice and Global Affairs Canada. A barrister and solicitor, Mr. McAlea’s background includes
serving as a Deputy Judge Advocate General in the Canadian Armed Forces, and Canadian Defence Attaché to
Afghanistan, in Kabul. His expertise includes strategic planning, policy development and implementation,
developing and promulgating Federal legislation and regulations, criminal and civil accountability systems,
and consensus building nationally and internationally.
Law from the London School of Economics and Political Science; and a Master of Philosophy in International
Relations from the University of Cambridge.
---------
Dominic McAlea
Vice-président à temps plein [au comité externe d'examen des griefs militaires]
Mandat de quatre ans du 28 mars 2018 au 27 mars 2022Dominic McAlea est un cadre supérieur qui possède une vaste expérience en gestion au sein des Forces armées
canadiennes, au ministère de la Justice et Affaires mondiales Canada. Avocat et conseiller juridique, M. McAlea
a déjà servi comme juge-avocat général dans les Forces armées canadiennes et comme attaché de défense du
Canada en Afghanistan, à Kaboul. Son expertise comprend la planification stratégique, l’élaboration et la mise
en œuvre des politiques, l’élaboration et la diffusion de lois et de règlements fédéraux, des systèmes de
responsabilisation criminels et civils, et l’établissement de consensus, à l’échelle nationale et internationale.M. McAlea détient un baccalauréat en droit de l’Université de Windsor, une maîtrise en droit, droit public
international, du London School of Economics and Political Science et une maîtrise en philosophie et relations
internationales de l’Université de Cambridge.
Image
source: portal.clubrunner.ca/1100/Stories/presentation-on-living-in-war-or-conflict-areas,
accessed 24 August 2016
Dominic McAlea, 11 May 2016
___________"Military Justice, Security Sector Reform & State
Building", KCIS Security & Governance: Foundations for
International Security, 23 June 2010, available at https://qshare.queensu.ca/Groups/QCIR/KCIS/www/2010/Panel%204%20-%20Military%20Justice%20-%20McAlea.pdf
(accessed on 10 December 2013); presented at the Kingston
Conference on International Security 2010 Conference, Panel 4 --
see http://www.queensu.ca/kcis/pastconferences/2010.html
(accessed on 10 December 2013)
___________on McALEA, Colonel Dominic, see the following
announcement of a lecture given to the Centre for Security and
Defence Studies Speaker Series 2009. available at http://www3.carleton.ca/csds/csds_bulletin/csds%20bulletin%209%20april%202010.html
(accessed 18 February 2019);
Colonel McAlea on the Rule of Law and Military Justice in Africa
Return to top.CENTRE FOR SECURITY AND DEFENCE STUDIES: SPEAKER SERIES 2009-10
"The Rule of Law and Military Justice in Africa: Partners in Accountability"
Col. Dominic McAlea
Deputy Judge Advocate
Canadian ForcesSecurity sectors in failed or failing states reflect, and often contribute to, the weaknesses that lead to the failure
of their respective states. Establishing sustainable peace and Rule of Law in failed states requires, among other
things, real security sector reform - reform that includes the military justice sector. This session will consider
military justice in the context of security sector reform in failed or failing states using the Democratic Republic
of the Congo as the vehicle for discussion.Col. Dominic McAlea has served as Deputy Judge Advocate Regional Services in Ottawa since September 2006.
Previously, he served as DND/CF Deputy Legal Advisor - Military. In 2004, he obtained a Master of Philosophy
in International Relations at the Center of International Studies, Cambridge University. He then assumed the duties
of Deputy Judge Advocate General / Military Justice and Administrative Law. As Director of Law/International,
Col McAlea was the Military Advisor in the Canadian Delegation at the UN Conference in Rome which drafted
the Statute of the International Criminal Court in June-July 1998.Colonel McAlea recently returned from duty with MONUC Rule of Law Unit where he worked on military justice
reform as the Military Criminal Law Advisor to the UN mission to the Democratic Republic of the Congo in Kinshasa.Tuesday, 20 April 2010
12:00 - 1:30pm
Alumni Board Room, 617 Robertson Hall
Carleton University
Complimentary light sandwich lunch provided.
Registration requested by Friday, 16 April
csdsevents@carleton.ca
or calling 613.520.2600 ext. 6671Public parking is available inParking Garage P9, adjacent to Robertson Hall
The CSDS Speaker Series events are free and open to the public.
or call 613.520.2600 ext 6671
For more information visit carleton.ca/csds
____________on McALEA, Lieutenant-Colonel Dominic, see
McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military
Lawyers, Ottawa : Office of the Judge Advocate General,
c2002, at pages 141 and 170, available at 103-242;
___________photo of Major Dominic McAlea at the JAG Law of Armed
Conflict Conference or course, Cornwall 19-23 May 1986 put
on flick by Jim Rycroft and available at https://www.flickr.com/photos/xjag/4568475946/in/album-72157624001614413/
(accessed 29 September 2020);
___________"Post-Westphalian Crime", in David Wippman &
Matthew Evangelista, eds., New
Wars, New Laws? Applying the Laws of War in 21st Century
Conflicts, Ardsley, N.Y. : Transnational
Publishers, 2004, at p.111, ISBN: 1571053158; copy at Ottawa
University, KZ 6355 .N49 2005;
___________Biographical Notes on Colonel D. McAlea, 2009,
available at Osgoode
Research
Lectures PRESENTS Colonel D. McAlea, CD ...
(accessed on 3 June 2012);
____________Biographical Notes on Colonel D. McAlea, available at
http://www.queensu.ca/kcis/sites/webpublish.queensu.ca.kciswww/files/files/2010/KCIS2010ConferenceBrochure.pdf,
p. 18 (accessed on 18 October 2017);
Colonel Dominic McAlea
___________Notes biographiques sur le colonel D. McAlea, circa
2006:
Dominic McAlea
Depuis 2006, le Colonel Dominic McAlea occupe les fonctions d’adjoint au cabinet du Juge Avocat Général (JAG) responsable des services
régionaux au sein des Forces armées canadiennes. Il est diplômé de la faculté de droit de l’Université de Windsor et est devenu membre du
Barreau de l’Ontario en 1981. Il a rejoint les Forces canadiennes la même année. En 1990, il a obtenu sa maîtrise en droit international de la
London School of Economics and Political Science (LSE) d’Angleterre. En 1993, après avoir été impliqué dans la Guerre du Golf, Le Colonel
Dominic McAlea a dirigé des enquêtes sur les crimes de guerre commis dans l’ancienne République de Yougoslavie, plus particulièrement
dans la région de Dubrovnik, pour le compte des Nations unies. Il a également servi au Bureau du Conseiller juridique pour le Grand Quartier
Général des Puissances Alliées en Europe (SHAPE). En 1998, le Colonel McAlea était le conseiller militaire de la délégation canadienne à la
Conférence de Rome, suite à laquelle le Statut de la CPI a été adopté. En 2004, Col Dominic McAlea a complété une maîtrise en philosophie
au Centre d’études internationales de l’Université de Cambridge.
(source: http://www.ieim.uqam.ca/IMG/pdf/Montreal_training_workshop_2006_draft_07f.pdf, vérifié le 1er février 2015).
___________on Dominic McAlea, about his lecture "The Rule of Law
and Military Justice in Africa : Partners in
Accountability", CENTRE FOR SECURITY AND DEFENCE STUDIES:
SPEAKER SERIES 2009-10, 20 April 2010, Carleton University, from
csds Bulletin, newsletter of the centre for security and
defence studies, 9 April 2010; see http://www3.carleton.ca/csds/csds_bulletin/csds%20bulletin%209%20april%202010.html#Link1.5,
accessed 22 August 2020;
Colonel McAlea on the Rule of Law and Military Justice in Africa
Return to top.CENTRE FOR SECURITY AND DEFENCE STUDIES: SPEAKER SERIES 2009-10
"The Rule of Law and Military Justice in Africa: Partners in Accountability"
Col. Dominic McAlea
Deputy Judge Advocate
Canadian ForcesSecurity sectors in failed or failing states reflect, and often contribute to, the weaknesses
that lead to the failure of their respective states. Establishing sustainable peace and Rule
of Law in failed states requires, among other things, real security sector reform - reform
that includes the military justice sector. This session will consider military justice in the
context of security sector reform in failed or failing states using the Democratic Republic
of the Congo as the vehicle for discussion.Col. Dominic McAlea has served as Deputy Judge Advocate Regional Services in Ottawa
since September 2006. Previously, he served as DND/CF Deputy Legal Advisor - Military.
In 2004, he obtained a Master of Philosophy in International Relations at the Center of
International Studies, Cambridge University. He then assumed the duties of Deputy Judge
Advocate General / Military Justice and Administrative Law. As Director of Law/International,
Col McAlea was the Military Advisor in the Canadian Delegation at the UN Conference in
Rome which drafted the Statute of the International Criminal Court in June-July 1998.Colonel McAlea recently returned from duty with MONUC Rule of Law Unit where he
worked on military justice reform as the Military Criminal Law Advisor to the UN mission
to the Democratic Republic of the Congo in Kinshasa.Tuesday, 20 April 2010
12:00 - 1:30pm
Alumni Board Room, 617 Robertson Hall
Carleton University
Complimentary light sandwich lunch provided.
Registration requested by Friday, 16 April
csdsevents@carleton.ca
or calling 613.520.2600 ext. 6671
Source:
(2003) 1 JAG Newsletter -- Les actualités at p. 8___________"Superior Orders and Command Responsibility" in
Osgoode Hall Law School. Professional Development Program, The
International Criminal Court : the road to Rome and the future,
Toronto, Ont.: Osgoode Hall Law School of York University,
Professional Development Program, 2002, 1 v. (various pagings),
for the article: 7, [13] p.; copy at the Library of the Supreme
Court of Canada, KZ6310 I54 2002;
___________Testimony before the House of Commons Standing
Committee on National Defence and Veterans Affairs concerning Bill
C-42, the Public Safety Act, 6 December 2001; Col Allan Fenske
also testified with Col. McAlea; available at http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=e&Mode=1&Parl=37&Ses=1&DocId=1041247
(accessed 27 February 2017);
____________Testimony before the Standing Senate Committee on
Legal and Constitutional Affairs, to which was referred Bill S-39,
to amend the National Defence Act, the Criminal Code, the Sex
Offender Information Registration Act and the Criminal Records
Act,Issie 25, Evidence, 3 November 2005, available at http://www.parl.gc.ca/Content/SEN/Committee/381/lega/25eva-e.htm?Language=E&Parl=38&Ses=1&comm_id=11
(accessed 24 August 2016); Issue 24, Evidence, October 27, 2005,
available at
http://www.parl.gc.ca/Content/SEN/Committee/381/lega/24evc-e.htm?Language=E&Parl=38&Ses=1&comm_id=11
(accessed 24 August 2016);
__________ United States
National Strategy Regarding Al-Qaida's militant Islamic Ideology,
dissertation for the degree of Master of Philosophy in
International Relations at the Center of International Studies,
University of Cambridge, 2004; copy at Mill Lane Library: Centre of International
Studies – CIS M.Phil 2003/27 at University of
Cambridge; see abstract in (2006) 1 JAG Les actualités --
Newsletter 74; see notes on Col McAlea, Office of the Judge
Advocate General at http://www.cmp-cpm.forces.gc.ca/dsa-dns/sa-ns/ab/sobv-vbos-eng.asp?mAction=View&mBiographyID=260,
accessed on 26 March 2012;
McALLISTER, Bradley Duncan, Code
of
Conduct : An Analysis of the Modern Law of Armed Conflict,
LL.M. thesis (Master of Arts), Department of Political Studies,
University of Manitoba, 1997, 211 p.; available at http://mspace.lib.umanitoba.ca/handle/1993/1364
(accessed on 7 January 2013);
McCAFFREY, Pat (Patrick), former JAG officer for 35 years (28 in
Ottawa and 7 in Europe with NATO), seeking the Liberal nomination
in the riding of Saint John Harbour, see You Tube, at https://www.youtube.com/watch?v=2ziUUKmo6D0
(accessed 1 October 2016);
___________LCol Pat McCaffrey, on the right, receiving his CD1 for
22 years of service from BGen Pierre Boutet, JAG, 2 February 1998,
image source: JAG Newsletter/Bulletin d'actualités du JAG,
volume 1, Part 1, Jan-Feb 98 (image posted on 21 December 2016);
___________on Pat McCaffrey, see the article: Smith, Connell, "New
Brunswick--'Context missing,' says former Saint John Harbour
official disparaged in election case", CBC News, 7 July 2019,
available at https://www.cbc.ca/news/canada/new-brunswick/election-irregularities-vote-provincial-recount-voting-1.5201758
(accessed 10 July 2019);
He [Pat McCaffrey] is a lawyer and former officer with the Canadian Armed Forces Judge
Advocate General. After he retired from the military in 2003, he moved to the Netherlands
to work as a civilian with NATO before retiring for good in 2010.
Pat McCaffrey
__________photo of Pat McCaffrey, detail, from photo of the 1981 JAG Conference put on flick by Jim Rycroft at https://www.flickr.com/photos/xjag/4528355114/in/album-72157623951146254/ (accessed 27 September 2020); the same photo of the 1981 JAG conference photo, in colour, can also also be found in McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office of the Judge Advocate General, c2002, at p. 124, available at 103-242;
McCALLUM, Gordon, "Authority of U.S. Army Courts Within Canada
Extended: Working Well", Globe and Mail, 1943/12/30,
available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5028217
(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
Source
of image: http://mccannandlyttle.com/lawyer-bios/patrick-mccann/,
accessed 12 January 2016.
Patrick McCann, lawyer
McCANN, Patrick, Lawyer, McCann & Giamberardino, Testimony on
Bill C-25, an Act to amend the National Defence Act and to
make consequential amendments to other Acts before the
Standing Senate Committee on Legal and Constitutional Affairs on 7
October 1998, Issue 35, see minutes
and evidence;
___________on McCANN, Patrick, see BINDMAN, Stephen,
"Peacekeepers On Trial: Court martial in question as prosecutors'
roles mixed", The Vancouver Sun, 8 February 1994 at p. A5,
available at https://www.newspapers.com/, accessed 15 May
2020;
Pressing(and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
____________on McCANN, Patrick, see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa
: Office of the Judge Advocate General, c2002, at p. 160,
available at 103-242;
McCANDLESS, Henry E. (Henry Emerson), 1935-, A Citizen's Guide to Public
Accountability: changing the relationship between citizens and
authorities, Victoria (B.C.): Trafford, c2002, ii, 407
p., ISBN: 1552129578 and see Chapter 10, "The Accountability of
Top Command", at pp. 212-233; limited preview at http://books.google.com/books?id=Yn7zBvmP78kC&printsec=titlepage&dq=l%C3%A9tourneau+somalia&lr=&as_brr=3&source=gbs_toc_s&cad=1#PPA217,M1
and http://books.google.com/books?id=Yn7zBvmP78kC&dq=l%C3%A9tourneau+somalia&lr=&as_brr=3&source=gbs_summary_s&cad=0
(accessed on 16 July 2008); book not consulted yet (19 December
2017);
Chapter 10 The Accountability of Military Top CommandBackground
The Somalia Inquiry and Other Alerts
The Court Martial of LCdr Dean Marsaw
The Case of the Medical Files
Other Examples
The Pattern
Installing Accountability Reporting by Top Command(This chapter deals with the issue of senior officers not taking responsibility for performance failures and not accounting for the quality of management
control in the Forces for fairness and effectiveness -- something that is their responsibility. The fact that the public knows so little about military top
command and has relied on blind faith (resulting from earlier citizen trust in wartime) means that the Chief of the Defence Staff should now be asked
to report regularly and publicly on the discharge of senior command responsibilities. The reporting standards would be set by a defence-related
parliamentary accountability committee.
[source: http://www.accountabilitycircle.org/learnmore.html, accessed 19 December 2015]
Image
source: avocette.com/2014/11/times-colonist-fresh-identity-local-firm/,
accessed 20 December 2017
___________"Horror stories persist on military accountability", Times
- Colonist, Victoria, B.C., Jun 8, 2006, p.A13;
Description: To name a few instances: Tampering with Croatia-produced health warnings in soldiers' medical files rather than supporting the military
doctor who put them there; sending a bad-conduct junior officer to command a platoon in Somalia that killed an unarmed civilian; a general's illegal
large expense claims and a needless $250,000 farewell parade for an Atlantic Land Forces general; an aborted military mission to Zaire; intimidating
letters to civilians on base by the office of the judge advocate general; inadequate casualty information to families; sexual assault and harassment;
withholding of information on a 70-per-cent missile failure rate; and the fact that career progression of the judge advocate general, whose job is to
serve justice, was in the hands of his boss, the chief of the defence staff. These public assertions can then be audited for their fairness and completeness.
Accountability explanations made publicly have a self-regulating influence on the conduct of those with the responsibilities. Thus far the chief of defence
staff, Gen. Rick Hillier, has been silent and the new minister, Gordon O'Conner, in full command of the decision-making and its pace in the case of
[Christina Wheeler], has said only, "This issue will get resolved soon, hopefully." He did not state the resolution performance standard he sets for the
Crown. [David Pugliese] quotes ex-military ombudsman Andre Marin as saying that he couldn't believe how the Wheeler case has "dragged on for so
long." Based on the apparent general ploy of litigation lawyers working for the executive government, Marin probably meant the active voice, i.e., that it
was the Department of National Defence lawyers who had purposefully dragged it on.
[Source: © ProQuest LLC All rights reserved
nxt&pageNumberComingFrom=8&fn=search&indx=71&vl(13699712UI6)=&dscnt=0&vl(1UIStartWith0)=exact&vl(1UIStartWith2)=contains&vid=01LOC&mode=Advanced&vl(D13699709UI3)
=all_items&vl(boolOperator1)=AND&tab=default_tab&vl(13699711UI6)=00&vl(D13699706UI0)=any&vl(freeText1)=canada&dstmp=1513768858199&vl(13699710UI6)=00&frbg=&vl(13699715UI6)
=&vl(D13699705UI1)=any&vl(D13699708UI4)=all_items&vl(13699714UI6)=00&vl(1UIStartWith1)=contains&ct=Next%20Page&srt=rank&vl(480887489UI2)=any&vl(boolOperator0)=AND&Submit
=Search&vl(D13699707UI5)=all_items&vl(boolOperator2)=AND&vl(freeText2)=Parliament&vl(13699713UI6)=00&dum=true&vl(freeText0)=Judge%20Advocate%20General, accessed 20 December 2017]
___________Note on "Henry McCandless", The Hill Times, 2
February 2016, available at , accessed 18 September 2020;
image
source: thestar.com/news/canada/2009/12/28/in_afghan_pr_money_talks.html,
accessed 16 August 2017
"Master Cpl. Ken Hutcheson counts money as Lt.-Cmdr. Mike
McCarthy, right, listens to an Afghan man's account. (Dec.
23, 2009)
(COLIN
PERKEL / THE CANADIAN PRESS)"
McCARTHY, Michael J. (Mike), Lieutenant-Commander (LCdr), legal officer with the OJAG, biographical notes taken from the Newfoundland & Labrador Continuing Legal Education information sheet "Ethics, Professional Responsibility and the Practice of Law: Advising Clients in Challenging Circumstances-Examples and Perspectives on Legal Ethics and Professionalism from a Military Legal Officer with General Lessons for the Bar Monday, August 22, 2016"; research note the lecture ""Ethics, Professional Responsibility and the Practice of Law: Advising Clients in Challenging Circumstances-Examples and Perspectives on Legal Ethics and Professionalism from a Military Legal Officer with General Lessons for the Bar" is mentioned in footnote 25 of MARTIN, Andrew Flavelle, "Legal Ethics and Canada's Military Lawyers", (2019) 97 Canadian Bar Review 100-128, at p. 107, available at https://cbr.cba.org/index.php/cbr/article/view/4509/4452 (accessed 22 May 2019);
This presentation on professional responsibility for lawyers will be facilitated by Lieutenant-Commander (LCdr) M.J.
(Mike) McCarthy, one of the Legal Advisors for the Canadian Joint Operations Command. LCdr McCarthy is a member
of the Law Society of Newfoundland and Labrador who practices in the context of military law with the Office of the
Judge Advocate General. As such, his advice is often provided in unconventional contexts, including domestic emergency
operations and internationally involving various practice issues, including advice on the legal responsibilities of Canadian
military serving abroad, Law of Armed Conflict, Administrative Law and Military Justice. He has been deployed as the
Legal Advisor to the Kandahar Provincial Reconstruction Team in 2009-2010, as well as the Legal Advisor for the Air
Component Command for Operation MOBILE part of the NATO lead mission in Libya in 2011and has been the legal
advisor for Canadian Forces Base Petawawa and 2 Canadian Mechanized Brigade Group.
[source: http://www.lawsociety.nf.ca/wp-content/uploads/2016/07/Legal-Ethics-Seminar-Brochure.pdf, accessed 16 August 2017]
___________notes: member of the law Society of Newfoundland since
2002 and member of the OJAG since 2002, works in Ottawa, 101
Colonel By; Michael.McCarthy@forces.gc.ca
Office (613) 998-3534
(information collected as of 2 July 2018);
___________notes on LCdr M.J. (Mike) McCarthy:
This presentation on professional responsibility for lawyers will be facilitated by Lieutenant-Commander (LCdr) M.J.
(Mike) McCarthy, one of the Legal Advisors for the Canadian Joint Operations Command. LCdr McCarthy is a
member of the Law Society of Newfoundland and Labrador who practices in the context of military law with the
Office of the Judge Advocate General. As such, his advice is often provided in unconventional contexts, including
domestic emergency operations and internationally involving various practice issues, including advice on the legal
responsibilities of Canadian military serving abroad, Law of Armed Conflict, Administrative Law and Military Justice.
He has been deployed as the Legal Advisor to the Kandahar Provincial Reconstruction Team in 2009-2010, as well
as the Legal Advisor for the Air Component Command for Operation MOBILE part of the NATO lead mission in
Libya in 2011 and has been the legal advisor for Canadian Forces Base Petawawa and 2 Canadian Mechanized Brigade
Group.
[Source: NEWFOUNDLAND & LABRADOR CONTINUING LEGAL EDUCATION, Ethics, Professional Responsibility
and the Practice of Law: Advising Clients in Challenging Circumstances-Examples and Perspectives on Legal Ethics and
Professionalism from a Military Legal Officer with General Lessons for the Bar, Monday August 22, 2016, St. John’s, NL,
see lawsociety.nf.ca/wp-content/uploads/2016/07/Legal-Ethics-Seminar-Brochure.pdf, accessed 19 September 2018]
" Office of the JAG @JAGCAF [2019] LCdr Mike McCarthy
was presented a Canadian Joint Operations Command Commendation
today for his exemplary contribution to the success of@CanadianForces
operations in Latvia as the Joint Task Force Europe and the Task Force
Latvia Legal Advisor, from April to November 2017.
----
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PARLEMENT, Chambre des communes, Comité spécial chargé d'étudier le Bill 133 intitulé Loi concernant la défense nationale, Procès-verbaux et témoignages, Ottawa Edmond Cloutier, 1951, 8 fascicules (le 1er est du mardi le 23 mai 1950); les témoins: MCM Drury, sous-ministre de la Défense nationale, le commandant P.H. Hurcomb, le brigadier W.J. Lawson, Juge-avocat général, le commndant d'escadre H.A. McLearn, et les majors J.H. Raedy et la Major W.P. McClemont; Note de recherche de François Lareau: Il existe une copie de ces procès-verbaux à la Librairie du Parlement, no de cote J103H7 D4 A1 et à la Bibliothèque et Archives Canada; le dossier du Comité spécial se trouve aux Archives nationales, Ottawa, Record Group # 14, 1987-88/146, boîte 58 et il contient les rapports à la Chambre des communes, les amendements, les pièces et les procès-verbaux; on retrouve également une copie des huit fascicules en français à la Bibliothèque Brian Dickson, de la Faculté de droit de l'Université d'Ottawa, University of Ottawa, FTX Parliamentary Doc, CA1 XC2 D25F;
McCONNELL, W.H. (William Howard), 1930-2006, William R.
McIntyre: Paladin of the Common Law, Monteal: McGill-Queen's
University Press (published for Carleton University), 2000, x, 248
p., see "Military Justice and the Jurisdiction of the Civil Cases"
at pp. 136-138, ISBN: 0886293413; discusses MacKay v. The
Queen, [1980] 2 S.C.R. 370;
Howard McConnell, image source:
law.usask.ca/documents/alumni/OfNote2006.pdf,
accessed 19 January 2019
___________McConnell, Howard was also a member of the OJAG, see
the article by Saccone, Juile, "Former law professor McConnell
dies at 75", Star--Phoenix, Saskatoon, 14 June 2006;
Obituary of Howard McConnellIt was not an usual task for respected lawyer and author Howard McConnell to pore over documents and books at lightning speed.
"He had a prodigious memory and an ability to go through material faster than I think anyone I have ever met. Sometimes he would
read a book in a day and he would remember it," said Doug Schmeiser, professor emeritus of law at the University of Saskatchewan.
"Ten, 15 years later after he read something, he would still remember it and put his finger on it."McConnell, a U of S professor emeritus of law, died Monday in Quebec from a heart attack at the age of 75. He is survived by his son.
McConnell was born in Aylmer, Que., in 1930. He earned a bachelors degree from Carleton University in 1955, a master's degree from
the University of Ottawa in 1962 and a PhD from the University of Toronto in 1969.He earned his law degree at the University of New Brunswick in 1958, followed by his master's of law degree at the University of
Saskatchewan in 1970.It was during McConnell's studies at the U of S that he came under the guidance of Schmeiser.
"He was just a wonderful person and, of course, a wonderful student," said Schmeiser, McConnell's former graduate supervisor.
"He was incredibly competent."Schmeiser had no doubt the bright young student would go on to make his mark in legal circles.
"There was no question about his ability."
McConnell was admitted to the New Brunswick bar in 1958.
According to the University of Saskatchewan, between 1959 and 1963, McConnell served as a flight lieutenant in the Judge
Advocate General's department with the Royal Canadian Airforce. The department is the legal adviser to the Governor General,
the Minister of National Defence, the Department of National Defence and the Canadian Forces in the area of military law.In 1970 McConnell became a faculty member at the U of S college of law, later becoming a full professor in 1975.
A well-known constitutional law and international law expert, McConnell was both personable and affable, Schmeiser said.
"He was extremely interested in people, but next to people he was interested in books," Schmeiser said. "His life was devoted
to people first and then to literature." McConnell wrote more than 30 articles in legal journals and authored four books,
including a book co-authored with Schmeiser on the independence of provincial court judges. He retired from the U of S in
1998 and was living in Aylmer until his death. A funeral service will be held for McConnell in Quebec on Friday.jsaccone@sp.canwest.com
(Copyright The StarPhoenix (Saskatoon) 2006)
McCORMICK, Neil, "A Mean and Green Fighting Machine: Wartime
environmental assessments and the Canadian Forces", (2007) 16 Dalhousie Journal of Legal Studies
1-20; available at 2007 CanLIIDocs 20, <http://www.canlii.org/t/27zb>
(accessed 7 May 2020);
McCRACKEN, Captain(N) Gerry (G.H.), legal officer, member of the
OJAG, see McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's
Military Lawyers, Ottawa : Office of the Judge Advocate
General, c2002, at p. 213, available at 103-242;
------------------------------
McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's
Military Lawyers, Ottawa : Office of the Judge Advocate
General, c2002, x, 242 p., ISBN: 0662321928;
ENGLISH VERSION
Source: McDONALD, R. Arthur, Office of the Judge Advocate General,
The Story of
Canada's Military Lawyers, Department of National
Defence, Cat. no
D2-136/2002E, ISBN: 0-662-32192-8.
Reproduced with
the permission of the Minister of Public Works
and Government
Services Canada, 2011.
- Table of
Contents;
- pp. i-xii and
1-102;
- pp.
103-242;
- Index;
This history of Canada's military lawyers provides a captivating look at the personalities who made up the Office of the Judge Advocate General
from 1911 to 2000. Along with an account of the wide-ranging activities of military lawyers during this period, the book chronicles many of the
landmarks in military law. Anyone interested in the history of law, and particularly how the law is applied in Canada's armed forces, should
enjoy this recounting of Canada's military law, lawyers, and traditions.
[source: http://publications.gc.ca/site/eng/9.648558/publication.html, accessed 15 December 2017]
VERSION FRANÇAISE
___________Equality Issues in the Canadian Forces under the
Canadian Charter of Rights and Freedoms: a Study of the Effect
of the Canadian Charter of Rights and Freedoms on Certain
Policies of the Canadian Forces, LL.M. thesis, Queen's
University, Faculty of Law, 1986, v, 354 p.; Additional Title A
study of the effect of the Canadian Charter of Rights and Freedoms
on certain policies of the Canadian Forces [microform]; there is
microfiche copy at the Ottawa University, Call number: Off-Campus
Storage - Annex , KE 4381.5 .M327 1986A; also Microfiche
(negative) Ottawa : National Library of Canada. 4 microfiches,
10.5x15 cm (Canadian theses), Mic.F.
TH- 32205, ISBN: 0315322055;
___________"Expert Testimony Before Human Rights Tribunals"
(1995) 14 PSO Forum 22-41; this periodical is
published by the Personnel Selection Branch, Department of
National Defence; PSO=Personel Selection Officer
___________"The Legal Branch Law Firm of the Canadian Forces"
(1987) 2 Canadian Forces Judge Advocate General Journal
1-4;
FRANÇAIS :
___________«Le service juridique: L'étude légale des Forces
Canadiennes» (1987) 2 Revue du JAG des Forces canadiennes 1-4;
___________notes on Art McDonald from the dust jacket of his book,
Canada's Military Lawyers, supra;
____________on McDONALD, Colonel R.A. (Art), see McDONALD,
R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at p. 151,
available at 103-242;
FRANÇAIS :
___________«Le Sentier de la Discipline: Les Racines Historiques
du Code de Justice Militaire Canadien» (1985) 1 Revue du JAG
des Forces canadiennes 1-30;
McDOUGALL, Allan Gordon (A. Gordon), Major, legal officer,
see McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's
Military Lawyers, Ottawa : Office of the Judge Advocate
General, c2002, at p. 42 available at i-xii and 1-102;
note: Deputy Judge Advocate General in 1926 and later county
court judge in Ontario;
___________on McDOUGALL, Gordon, Lieutenant-Colonel, see "Gordon
McDougall Appointed Judge of Carleton Court", The Evening
Citizen, 20 November 1942 at p. 23:
Excerpt only
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___________on McDOUGALL, A. Gordon, "Judge A.G. McDougall leaving
Carleton bench", The Ottawa Citizen, Friday, 22 February 1963 at
p. 20; he married Margaret Robertson from Ottawa in 1943,a
champion badmington and golf player;
Excerpt
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McDOUGALL, Bruce, "Be All You Can Be", (May 1991) 15(4) Canadian Lawyer 26-28; about military lawyers in the Canadian Forces; ****; the SCC library has one number PER 2001 V. 25; see web site https://www.canadianlawyermag.com/ and to subscribe Please call 1-800-387-5164; thomson reuters; Canadian Lawyer and its sister publications Canadian Lawyer InHouse, Canadian Lawyer 4Students, and Law Times have been bought by Carswell, a Thomson Reuters business headquartered in Toronto; ISSN: 0703-2129;
to get copy https://store.thomsonreuters.ca/product-detail/canadian-lawyer-print-digital/
Launched in 1977, Canadian Lawyer delivers unbiased reporting and analysis of the legal
landscape from coast to coast and across all areas of practice. Focused on both the practice
and the profession, Canadian Lawyer delivers award-winning editorial content that informs,
inspires and occasionally inflames the lawyers, corporate counsel, judges, law professors,
and students-at-law who consider it a "must-read." It is published in print and digitally
11 times a year. www.canadianlawyermag.com
McDOUGALL, Errol K., Captain, Assistant Deputy Judge Advocate,
see article: "Renfrew Officer Promoted", The Globe and Mail,
12 March 1942, at p. 13;
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Source: ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca...., accessed 25 November 2018
___________on McDOUGALL, E.K., Captain, see "Capt. E. McDougall
With 7th Division", The Evening Citizen, Ottawa, 19 August
1942 at p. 13;
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of the mouse allows to zoom in or out of the web page being viewed
Source: ProQuest at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca...., accessed 29 April 2020
____________on McDOUGALL, Errol K., Major from Montreal, as
defence counsel in court martial referred to in "Non-Comissioned
Officers Will Be Tried at Winnipeg. Pair Said to Have
Ill-Treated Other Prisoners After Fall of Hong Kong",
Hamilton Spectator, 1946/03/04, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5134595
(accessed 8 June 2019);
___________photo of McDougall, Errol K., in "Henry Marks (1966)
Ltd. Names Directors", The Gazette, Montreal, Friday, 28
October 1966 at p. 23, available at
https://www.newspapers.com/image/...., accessed 23 June 2020;
practiced with the law firm of Magee, O'Donnell & Byers, Place
d'Armes, Montreal;
Image
source: https://en.wikipedia.org/wiki/Edward_Stuart_McDougall,
accessed 26 June 2018McDOUGALL, Edward Stuart, 1886-1957, Canadian Judge at the
International Military Tribunal for the Far East (IMTFE, also
known as the Tokyo Trial or the Tokyo War Crimes Tribunal); was
appointed a Judge of the Quebec Court of King's Bench;
___________on McDOUGALL, Edward Stuart, see FISHER, J.H.,
Telegram Staff writer, "Canada's Evidence Ready in Japanese
Atrocities. Justice E.S. McDougall to Sit on International
Tribunal Trying Lesser Criminals", Toronto Telegram,
1946/04/13; available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5139450
(accessed on 4 February 2018);
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Research Note: I have not included all of the last paragraph starting with the words "During the war",
because it did not seem to have any link to the article.
McDOUGALL, Martha, "Book Review Essay: Canadian Military Law
Annotated by Justice Gilles Letourneau and Colonel (ret'd) Michel
W. Drapeau, Toronto: Thomson/Carswell, 2006, 1787 pages,
$185.00", 8(3) Canadian
Military Journal, available at http://www.journal.forces.gc.ca/vo8/no3/essay-essai-01-eng.asp
(accessed on 11 July 2008);
More importantly, the book fails to examine many substantive issues that would have been of great value to anyone interested
in the administrative legalities of the military. Generally, the book does justice to the Code of Service Discipline, but it does
not do justice to issues not related to the Code. For example, while dismissal may be one of the harshest penalties available to
a military judge, the book does not explore the release of a member from the Canadian Forces. Apart from the useful reproduction
of the tables of QR&O 15.01 on release, the book makes no mention of the many legal cases on administrative release that
some would equate with dismissal, since both sanctions mean the termination of service. A book on military law that does not
mention the trilogy of cases (St. Thomas [1993] FCA, Husband [1994] FCA and Robinson [1994] FCA) on the release of members,
due to breaches of universality of service (Section 33 of the National Defence Act) commits a substantive error.
FRANÇAIS
McDOUGALL, Martha, "Études critiques, Canadian Military Law
Annotated de Gilles Létourneau, juge et Michel W. Drapeau, colonel
à la retraite, Toronto: Thomson Carswell, 2006, 1787 pages,
$185.00", (automne 2007) 8(3) Revue
militaire canadienne, disponible à http://www.journal.forces.gc.ca/vo8/no3/essay-essai-01-fra.asp
(vérifié le 11 juillet 2008);
___________"The Canadian Forces Grievance Board: Institutional
Change" (June/Juin 2001) Sword
& Scale -- Salut militaire
6; available at http://web.archive.org/web/20050125074204/http://dev.cba.org/CBA/Sections/military/sword2001-06.pdf
(accessed on 18 April 2012);
FRANÇAIS
___________, "Précis : Un changement institutionnel : le Comité
des griefs des Forces canadiennes" (June/Juin 2001) Sword & Scale -- Salut militaire
6; disponible à http://web.archive.org/web/20050125074204/http://dev.cba.org/CBA/Sections/military/sword2001-06.pdf
(site visité le 18 avril 2012);
Image
source: navy-marine.forces.gc.ca/en/navy-life/history-commanders/32-mcfadden.page,
accessed 15 April 2017
Vice-Admiral Philip Dean McFADDEN, CMM, CD
McFADDEN, Capt(N) Philip Dean, "Why the Laws of Armed
Conflict are no longer the ties that bind.", Canadian Forces
College, AMSP (2003), AMSC 6, 42 pages; available at http://www.cfc.forces.gc.ca/259/260/266/mcfadden.pdf
(accessed 2 February 2017);
FRANÇAIS:
___________"L'ombudsman de la Défense nationale : aider les
FC à éviter et résoudre les griefs" (April/Avril 2008) Sword & Scale -- Salut militaire;
disponible à http://www.cba.org/abc/nouvelles/mil-2008/nouvelles.aspx#article2
(site
visité le 26 avril 2012);
----------------
___________"Office of the Ombudsman for National Defence and
Canadian Forces" in Ombuds Institutions for the Armed Forces:
Selected Case Studies, Geneva: DCAF (The Geneva Centre for
the Democratic Control of Armed Forces), 2017, [iv], 193 p., at
pp. 33-63, ISBN: 978-92-9222-429-5; available at dcaf.ch/Publications/Ombuds-Institutions-for-the-Armed-Forces-Selected-Case-Studies
(accessed 7 April 2017);
7. The Office Has No Power over Veterans Affairs Matters
In Canada, the Department of National Defence is separate from the
Department of Veterans Affairs, and the Ministerial Directives stipulate
that the Ombudsman for National Defence and Canadian Forces shall
not deal with any complaint that falls within the jurisdiction of Veterans
Affairs Canada or the Veterans Review and Appeal Board. Yet, in practice,
it can be very difficult to clearly draw jurisdictional lines. For example,
if a current or a former member makes an application for a disability
pension (for an injury relating to military service) to Veterans Affairs,
and the current or former member is not satisfied with the decision and
feels they were treated unfairly, the member cannot complain to the
Ombudsman. However, if the application for a disability pension was
rejected by Veterans Affairs because certain medical information was
not provided or was deemed insufficient for the purposes of assessing
the claim, the medical information concerning the injury would be held
by the Canadian Forces. If the Canadian Forces did not forward proper
information to Veterans Affairs so that it could assess the claim properly,
and if the current or former member was having an issue getting this
medical information from or correcting certain information held by
the Canadian Forces, then the member could seek the assistance of the
Ombudsman to obtain that information.
McFARLAND, Colonel, George Franklin, 1880-1950, member of the
OJAG during WW I; see "How Reverting Affects Pensions. In
Case of Death Pension is of Original Rank -- Disability, Lower", The
Globe and Mail, 28 March 1919 at p. 4 (accessed 22
July 2018); he aws commaning officer of the Grev County Battalion
(see The Globe (Globe and Mail) Toronto, 20 March
1919, at p. 8);
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George Franklin McFarland
___________on McFarland, George Franklin, see "L.Col. George
Franklin McFarland", available at http://www.4cmr.com/mcfarland.htm,
accessed 2 July 2020;
L.Col. George Franklin McFarland was born in Markdale, Grey County, Ontario,
in June 1880. Raised in the Markdale area, he received his high school education at
Owen Sound Colligate and Vocational Institute, before carrying on with his studies
at the University of Toronto. He graduated with a Bachelor of Arts from University
College in 1902 and Bachelor of Law in 1905.
....
Major McFarland was struck off strength from the 4th CMR in August of 1918,
and thence was again given the rank of Lieutenant-Colonel, this time as the Assistant
Judge Advocate General at Military Headquarters in Ottawa.
___________on McFarland, George Franklin, see "Mr. Justice
McFarland Dies; 16 years on Bench", The Globe and Mail, 16
May 1950, at p. 5;
Mr. Justice McFarland served with distinction during the First World War and
held the post of Deputy Judge Advocate at General Heaquarters in Ottawa.
McGARVA, Andrew (Andrew James), lawyer, member of the Law Society
of Ontario and a legal officer with the OJAG, regular force;
see https://ca.linkedin.com/in/andrew-mcgarva-b8a1a9111?trk=pub-pbmap
(accessed 28 February 2019); he attended the 2019 mandatory
legal officer qualification course at Canadian Forces Military Law
Centre, CFB Kingston, see Access to Information Act, DND Acess to
Information and Privacy letter dated 12 June 2019, File
A-2019-00289;
___________photo of McGarva, Andrew, Captain with other members of
the OJAG:
" Office of the JAG @JAGCAF 6 hours ago [19 June 2019 ] Our Administrative Law Division
is happy to have their Captains back from their month-long Legal Officer Qualification Course.
Plenty of admin law files for Captains Ruth Shojaei, Andrew McGarva, Jamil Beauchamp-Dupont
and Kaila Morin!"
- Michael McGovern has been with WorkSafeNB since 1996 and is currently Legal Counsel for WorkSafeNB.
Most recently Mike was WorkSafeNB General Counsel for five years. Mike practices primarily in corporate law,
occupational health and safety law, workers’ compensation law and administrative law. He also guest lectures at
the law school at UNB in labour law and construction law and teaches a course in occupational health and safety
law at the University of Fredericton. Mike has served as a Legal Officer with the Office of the Judge Advocate
General in the Canadian Armed Forces.
[source: http://cphrnb.ca/fr/developpment/?event_id=767, accessed 16 August 2019]
- Speaker: Michael McGovern, Legal Counsel, WorkSafeNB.Mike is currently Legal Counsel for WorkSafeNB and was most recently General Counsel there for five years.
Mike holds a law degree from the University of New Brunswick and has been with WorksafeNB and its predecessors
since 1996. Mike practices primarily in corporate law, occupational health and safety law, workers’ compensation law
and administrative law. He also guest lectures at the law school at UNB in labour law and construction law and teaches
a course in occupational health and safety law at the University of Fredericton. He is a member of the New Brunswick
Law Society, the Canadian Bar Association and the Canadian Corporate Counsel Association. Mike also holds the
designation of Certified In-House Counsel, an international certification by the Canadian Corporate Counsel Association
and the Rotman School of Business. In the past Mike served with the Canadian Forces in both Regular and Reserve
capacities and concluded his eleven years as a Legal Officer with the Office of the Judge Advocate General.
[source: https://ststephenchamber.com/?event=updates-on-worksafenb-issues, accessed 16 August 2019]
JAG Recognition... October 27, 2005--CD1 (22 years of service) presented to
LCol J. MacMillan, Maj D. McGowan, Maj R. Stoney and Sgt G. Taillon
(with MGen Jerry Pitzul in his blue uniform in the middle)
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Ronald McIntosh Clark
o/c, RCAC
University of New Brunswick
source: https://web.lib.unb.ca/archives/UNBComposites/results.
php?action=show_graduate&graduate_id=4388, accessed 19 May 2020
Mary Elizabeth Clark
CLARK _ Mary Elizabeth "Betty" 1938 - 2006 Mary Elizabeth Clark
passed away following a brief illness at the Rockyview General Hospital
at the age of 67 years. Betty is survived by her daughters: Emilie, Sarah,
and Leslie; and grandchildren: Marina, Andrew, Chelsea, Conor, and Holly.
Betty was predeceased by her father, William B. Cromarty Q.C., and her
husband Ronald McIntosh Clark, LLB. Betty was employed by Amoco
Petroleum, as a land analyst for twelve years, before retiring in 1993.
At Betty's request, no Service will be held. Arrangements entrusted to
LEYDEN'S FUNERAL HOME, 304 - 18 Avenue S.W. Telephone: 228-4422. www.leydens.com .
[source: https://calgaryherald.remembering.ca/obituary/mary-clark-1065560494, accessed 19 May 2020]
Image
source: mcnallyrobinson.com/event-13600/Mike-McIntyre----Book-Launch#.Wlu51XlG2Uk,
accessed 14 January 2018[Paul] Young, 54, was treated as a first-time offender with a spotless record based on submissions made by the Crown and Young, who acted as
his own lawyer. Based on those submissions, provincial court Judge Mary Kate Harvie gave Young a one-year conditional sentence.However, Young has twice admitted to similar crimes of dishonesty that were not presented to the court. It appears no reference was made
to those indiscretions because they were dealt with by the military in the form of court martials and did not result in charges under the
Criminal Code of Canada.
[research note by F. Lareau, see
Young P.D. (Captain), R. v., 2006 CM 33 (CanLII) — 2006-12-06
Courts Martial — Canada (Federal)
offender — sentence — martial — gambling addiction — punishment]
Image
source: scc-csc.ca/judges-juges/bio-fra.aspx?id=william-rogers-mcintyre,
accessed 11 October 2018MCINTYRE, William Rogers The Honourable William "Bill " Rogers McIntyre, O.C., Q.C. was born in Lachine,
Quebec on March 15, 1918 to Sidney and Pauline McIntyre and died peacefully in Victoria, BC on June 14, 2009.
....After growing up in Moose Jaw, Saskatchewan, Bill attended the University of Saskatchewan where he earned
a law degree in 1941. He joined the army and after training at Gordon Head in Victoria was sent overseas.
He landed in Sicily in 1943 with the 1st Canadian Division and served as an artillery officer in the campaigns in
Sicily and Italy. Bill was enormously proud of the accomplishments of the Canadians in Sicily and Italy and of the
men under his command. He often said that one of the most memorable and emotional events of his life was the
Christmas of 1943 during the battle of Ortona. Bill returned to England in 1944 and finished the war as an Air
Observation Pilot in North-West Europe. In 1944, Bill met and married Mimi Reeves and in 1945, Elizabeth was born.
....Bill was admitted to the British Columbia Bar in 1947 and practiced law in Victoria until 1967 when he was appointed
to the British Columbia Supreme Court and then in 1973 to the British Columbia Court of Appeal. In 1979, Bill was
appointed to the Supreme Court of Canada where he served for ten years. ....
"Cdr Craig Skjerpen, CO of HMCS Charlottetown , and LCdr John
McKee,
legal advisor, work on the bridge of HMCS Charlottetown"
McKEE, John (John Douglas
Martin), photo of LCdr John McKee with the article "Charlottetown
patrols waters off Libya" in (1 June 2011) 14(19) The Maple
Leaf at p.6; available at http://publications.gc.ca/collections/collection_2011/dn-nd/D12-7-14-19.pdf
(accessed 28 August 2017); member of the Law Society of Ontario,
member of the OJAG;
Interview avec le capitaine de corvette John Mckee, avocat
militaire; source de la photo:
http://www.lapresse.ca/actualites/dossiers/le-canada-en-afghanistan/200905/11/01-855418-linsurrection-rend-la-tache-des-avocats-militaires-beaucoup-plus-difficile.php
-------
Scott Campbell, co-counsel for
plaintiffs
Chris Madill co-counsel for plaintiffs
Image source: youtube.com/watch?v=tVOUIbAkJQY
Image source: https://www.cdlawyers.org/?page=65 (both images
accessed on 21 December 2016)
McKELVEY, Stewart, Lawyers, Halifax, "Canadian Forces face racial
discrimination and harassment class action", 21 December 2016;
available at https://ca.finance.yahoo.com/news/canadian-forces-face-racial-discrimination-153000670.html
(accessed 21 December 2016);
HALIFAX, Dec. 21, 2016 /CNW/ - Systemic racial discrimination and harassment are the basis of a class action filed in the Federal Court
by Stewart McKelvey on behalf of three former members of the Canadian Forces. The Plaintiffs, who propose to represent all persons in
Canada who have been enrolled as members in the Canadian Forces and who are or who identify as racial minorities, visible minorities
or Aboriginal peoples, allege that the Canadian Forces, from top to bottom, has failed to protect racial minorities and Aboriginals from
racism within the ranks."When individuals enroll in the Canadian Forces, they expect to serve, advance and protect the ideals we value and enjoy as Canadians –
equality, fundamental justice and human dignity," said Scott Campbell, co-counsel representing the Plaintiffs. "But our clients allege that
the very institution we trust to bring these ideals to the world, has denied them, and those they represent, these basic human rights."
....
"This filing is a defining moment for Canadian Forces members who have experienced racial harassment and racial discrimination," said
Chris Madill, co-counsel representing the Plaintiffs. "We intend to shine a bright light on the alleged behaviours and institutional practices
described in the Statement of Claim."
McKENZIE, J.P.S., Struggling with outdated
rules: international humanitarian law and its impact on
Canadian Detainee Policy, Canadian Forces College, JCSP 37,
Canadian Forces College, Master of Defence Studies, 2011,
available at http://www.cfc.forces.gc.ca/259/290/297/286/McKenzie.pdf
(accessed 15 March 2015);
McKINLEY, John, LCol, member of the JAG Branch, see "John F. McKinley Given Promotion", The Evening Citizen, Ottawa, Saturday, 28 February 1942 at p. 1, available at https://www.newspapers.com/ (accessed 16 May 2020);
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
McKINNON, Alexander John, 1947-, Torture of the Other : racism as an element of torture
in contemporary military operations, Thesis, (M.A.),
Carleton University, 2006; available at http://www.collectionscanada.gc.ca/obj/thesescanada/vol2/002/MR18285.PDF
(accessed on 16 April 2012);
Allan Bruce McKinnon
McKINNON, Allan Bruce, M.P., Progressive Conservative,
Introduction of Bill C-658, to amend the Canadian Forces
Superannuation Act (retirement for misconduct), House of
Commons, Hansard, 22 June 1982;
Hon. Allan B. McKinnon (Victoria) movedfor leave to introduce Bill C-658, to amend the Canadian Forces Superannuation Act (retirement for misconduct).
....
Mr. McKinnon:
Madam Speaker, the purpose of this bill is to limit the extraordinary discretion of the Treasury Board under the
Canadian Forces Superannuation Act to reduce substantially pensions of Canadian Forces personnel who haveJune 22, 1982
been discharged for misconduct, sometimes for less than major offences. It is to stop such miscarriages of justice
that 1 introduce a bill that I hope some day will receive approval from all sides of the House.
[source: lipad.ca/full/1982/06/22/12/#3371929, accessed 23 June 2018]
McKINNON, John Lauchlin, Colonel, member of the Bar of Nova
Scotia, see the article by Barry Cahill, "Actions not words:
Lawyers and the First World War", an excerpt of this article
was published in The Society Record,
Vol. 35 No. 2, Fall 2016, available at http://nsbs.org/actions-not-words-lawyers-and-first-world-war
(accessed 27 July 2018)
Though there was no clearly articulated response from the Society to the outbreak of war, its effects were felt from the very
beginning: John Lauchlin McKinnon (called in 1897), a serving Militia officer, had to resign as treasurer in order to answer
the call to arms. The closest thing in the Society to a professional soldier, McKinnon – according to his 1944 obituary – “had
a long and distinguished military life. He joined the Halifax Regiment of the Canadian Artillery back in the early [1890s]. He
served in Halifax at the start of the First World War and went overseas with the rank of major. He returned after the war with
the rank of a full colonel.” McKinnon was unusual in that he was among the few lawyer-soldiers called on to apply his
professional knowledge, on various occasions serving as Acting Judge Advocate General of the Canadian Forces.
___________McKINNON, John Lauchlin, see Nova Scotia's part in
the Great War, compiled and edited by M.S. Hunt, Halifax,
N.S. : Nova Scotia Veteran Pub., 1920; 456 pages, at p. 76,
available at (accessed 24 March 2019);
On the formation of the Nova Scotia Regimental Depot, Lieutenant-Colonel
McKinnon was given command and was later appointed Deputy Judge Advocate
General, Canadian Forces Overseas.
McKOENA, Kashmeel (Dennis Kashmeel
Keevantoza), legal officer, member of the OJAG; his court
martial at McKoena D.K.K. (Captain), R. v., 2005 CM 6 (CanLII),
<http://canlii.ca/t/282kt>
where he was acquitted of all charges (site accessed on 5 May
2018);
____________ "MLOTV: Canadian Forces (CF) Grievance Process", 25 May 2012, 13:15 minutes, available at https://www.youtube.com/watch?v=DJVy8FWzVf8 (accessed 1 January 2016);
___________Web site of Kashmeel McKöena, available at http://mckoenalaw.com/
(accessed 1 January 2015);
Kashmeel joined the Canadian Forces in 2003 as practicing military lawyer with the Office of the JAG Headquarters in Ottawa,
Kashmeel participated in several military law & training assignments; including acting as the legal advisor to the Canadian Forces
Grievance Authority and the training of Law Of Armed Conflict to members of the Canadian Forces.Kashmeel retired from the Canadian Forces JAG at the rank of Major and join McKöena Law Professional Corporation where he
continues his legal practice as a passionate advocate for his clients when it matters the most.
[Source: http://mckoenalaw.com/about-us/, accessed 1 January 2015]
McLAUGHLIN, Beverly:
- Chief Justice of the Supreme Court of Canada, 2000 to 20017, see Wikipedia; accessed 17 May 2019;
The Chief Justice, the Right Honourable Beverly McLaughlin, Supreme Court of
Canada, as seen on the Webcast of the hearing on 2015-05-12, case number 35755,
Second Lieutenant Moriarity, et al. v. Her Majesty the Queen, et al. (Federal Court)
(Criminal) (By Leave), see https://www.scc-csc.ca/case-dossier/.... and R. v. Moriarity [2015] S.C.C. 55.
- Named Honorary Captain (Navy) of the Office of the Judge Advocate General, June 2018:
La capitaine de vaisseau honoraire du Cabinet du Juge-avocat général Beverly
McLachlin avec la Commodore Geneviève Bernatchez, Juge-avocat général, le
juin 2018, Ottawa (photo: Caporal-chef Pierre Habib, FAC), source: www.45enord.ca/2018/06/
lex-juge-en-chef-du-canada-devient-capitaine-honoraire-du-cabinet-du-juge-avocat-general, consulté le 17 mai 2019
Defence counsel for the three accused officers is Col. P. Elmer McLaughlin,
former St. Stephen, N.B., lawyer stationed at Saint John, N.B.
McLEAN, D.H., Col., prosecutor, see "Sentence Commuted, Two Years
Hard Labor. Pte Telesphore St. Cyr, Draftee, Did Not Like
Army Life", The Globe, Toronto, 23 January 1919, at
p. 3, available at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....,
accessed 8 July 2020; for clarity, see also following entry on
McLean, article in French;
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
___________sur McLEAN, D.H., Colonel, avocat de la
poursuite pour la cour martiale de A.Gohr en 1919:
"Châtiment sévère pour cet insoumis", La Presse, 11
février 1919 à la p. 7; disponible à http://collections.banq.qc.ca/ark:/52327/3197797
(vérifié le 9 août 2018);
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
McLEAN, Fiona, Major, member of the Alberta Bar, worked for the
OJA;
Major Fiona G. McLean
Major and Canadian Forces Decoration aide-de-camp Fiona G. McLean, a Calgary barrister
and solicitor, is completing her 32nd and final year with the Canadian Army Reserve. Born
in Glasgow, Scotland, she joined The Calgary Highlanders in June 1987, at age 19, as part
of the Summer Youth Employment Program. She began her military training as a logistician
while pursuing a bachelor of history at the University of Calgary. Admitted to the officer
program, she completed her qualification training at Canadian Forces Base(CFB) Petawawa,
Ont., prior to being promoted second lieutenant in September 1988. During the summers of
1989 and 1990, McLean worked under the auspices of the Office of the Judge Advocate
General at CFB Calgary and completed her officer training at CFB Borden, Ont.; following
which she was promoted to lieutenant. While studying law at the University of Alberta from
1989 to 1992, she was attached posted to the Loyal Edmonton Regiment before returning to
Calgary to article with the City of Calgary Law Department. In 1994, after completing the
Militia Officer Staff Course at CFB Chilliwack, B.C., McLean was promoted to captain. In
1996, with limited ability to continue rising through the ranks within her regiment as a logistician,
she decided to reclassify to infantry. In 2002, she was attached posted to the 14 Calgary Service
Battalion acting as the second-in-command of the Close Support Company and, later, as their
operations officer. The following year, McLean acted as a tactical civil-military co-operation
operator for Land Force Western Area (LFWA) and, finally, returned as operations officer
with her home unit. From August 2004 to February 2005, she volunteered to deploy in
Bosnia-Herzegovina, where she first partook in Operation Bronze as civil-military co-operation
liaison officer under NATO command. Once the European-Union task force took over command
from NATO as Operation EUFOR-Althea, McLean served as adjutant to the Canadian National
Support Element during the last part of Operation Boreas. Upon her return, and through to 2010,
she served in a variety of roles for the 41 Canadian Brigade Group and Collective Training Team
of LFWA. In 2012, she was appointed officer commanding of the Battleschool South Training
Company (South) of 41 Canadian Brigade Group, and was promoted to major. In 2016, she was
appointed for the second time as aide-de-camp to the lieutenant-governor of Alberta, a duty she
continues to fulfill.
[source: www.aidannidelet.ca/face-of-service/wjrzjb9udw4mp6fjwlpvb7ypi5tdm1, accessed 31 March 2020]
James Montalieu McLean, 1934, photo by
Charles Aylett, Archives of the Law Society of Ontario
source of photo: flickr.com/photos/lsuc_archives/13902278120/in/photostream/
McLEAN, James Montalieu, 1909-1989, "Deaths -- McLEAN, James Montalieu", The Globe and Mail, Toronto, 4 February 1989, at p. A14;
[Died] At Macassa Lodge in Hamilton on Friday, February 3rd 1989, beloved husband of Mary Constance Hunt.
.... He was born in Leduc Alberta and raised in Woodstock, Ontario. The son of the late James and Louise Nesbitt
McLean. He graduated from Upper Canada College and Osgoode Hall Law School. He practised law in
Hamilton for many years and was a life member of the Law Society of Upper Canada. During W.W. II he served as
an officer with with Arggyll and Sutherland Highlanders of Canada (P.L.) and later in the war as Assistant Judge
Advocate General at National Defence Headquarters in Ottawa. ...
McLEAN, Lieutenant-Colonel Mike, "ROE: Their Impact on Combat
Stress in Peace Support Operations", AMSC 3 (Advanced Military
Studies Course 3), Canadian Forces College, 26 p.; available
at http://www.cfc.forces.gc.ca/259/260/263/mclean2.pdf
(accessed on 19 June 2012);
Armand Desroches, source of photo: http://www.redecoupage-federal-redistribution.ca/content.asp?section=pei&dir=mem&document=index&lang=f
(accessed on 20 March 2014)
McLEAN, R. and A. (Armand) Desroches (both Lieutenant-Colonels),
"The Canadian Forces in Internal Security Operations” in The Management of the Police
Response to Crisis Situations: the Proceedings of the Tactical
Unit Workshop Canadian Police College, Ottawa: Canadian
Police College, 1982, 184 p., at p. 61; Armand Desroches is
a former Justice and JAG officer;
--5th Judge Advocate General, 1969-1972McLEARN, Brigadier-General H.A. (Harold Alexander)
("Mac"), "Canadian Arrangements for Aid of the Civil Power",
(Summer 1971) 1(1) Canadian Defence Quarterly 26-31;
available at http://www.lareau-legal.ca/Power44.pdf
(accessed 8 September 2017); ; copy available at the Directory of
History and Heritage, 2nd floor of the Colonel Charles P. Stacey
Building, 2429 Holly Lane, Ottawa, Ontario;
Image
source: flickriver.com/photos/tags/osgoodehalllawschool/interesting/,
accessed 6 May 2018
Harold Alexander McLearn, Archives of
the Law Society of Ontario
___________1912-1990, Brigadier-General McLearn was the
Judge Advocate General from 20 February 1969 to 13 August 1972;
subsequently worked for the Department of Justice Canada;
___________on McLearn, Brigadier-General Harold, see
"Death--McLearn, Brigadier-General Harold", The Ottawa Citizen,
15 April 2020 at p. 38 or D10;
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
___________on McLearn, Brigadier-General Harold Alexander,
see McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's
Military Lawyers, Ottawa : Office of the Judge Advocate
General, c2002, at pages 83, 97, 99, 99-102, 109, 114 and 117,
available at i-xii
and 1-102 and 103-242;
___________Testimony IN CAMERA
of Brigadier General H.A. McLearn, Judge Advocate General, before
the House of Commons, Minutes of Proceedings and Evidence of the
Standing Committee on External Affairs and National Defence
respecting the White Paper entitled "Defence of the 70's", Issue
number 5, 9 March 1972 (28th Parl., Fourth Sess., 1972) and see
relevant text at https://parl.canadiana.ca/view/oop.com_HOC_2804_3_1/125?r=0&s=1
(accessed 3 September 2020);
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
___________Testimony of Brigadier General H.A. McLearn, Judge
Advocate General, before the House of Commons, Standing Committee
on Finance, Trade and Economic Affairs, Minutes of Proceedings and
Evidence, No. 34, Respecting Bill C-178, An Act to amend the
Canadian Forces Superannuation Act, the Defence Services Pension
Continuation Act, The Royal Canadian Mounted Police Superannuation
Act, the Royal Canadian Mounted Policy Pension Continuation Act
and the Public Service Superannuation Act, Tuesday, March 18, 1969
(28th Parl., First Sess.) and available at https://parl.canadiana.ca/view/oop.com_HOC_2801_4_2/717?r=0&s=1
(accessed 3 September 2020);
___________Testimony of Brigadier General H.A. McLearn, Judge
Advocate General, Standing Committee on External Affairs and
National Defence, Minutes of Proceedings and evidence respecting
the White Paper entitled "Defence in the 70s", No. 5, Thursday,
March 9 and Thursday, March 16, 1972, 29 p. ; note: 28th Parl.,
4th Sess.; see http://publications.gc.ca/collections/collection_2016/spac-pspc/PF1-4-1972.pdf
at p. 56;
____________Testified as Commander, deputy judge advocate
general, before the defence committee of the House of
Commons, on a bill to consolidate and modernize defence
legislation, see "Rap at Communism--Forces to Clamp Down on
Sedition", Star-Phoenix, Saskatoon, 26 May 1950 at p. 2,
available at https://www.newspapers.com/, accessed 19 May 2020;
___________Testimony as
Group Commander before the House of Commons, Standing
Committee on National Defence respecting Bill C-243, An Act to
amend the National Defence Act and other Acts in consequence
thereof, 27th Parl., 1st Sess., Minutes of Proceedings, Number
32, Tuesday, March 14, 1967 and available at https://parl.canadiana.ca/view/oop.com_HOC_2701_13_2/869?r=0&s=1
(accessed 2 September 2020);
___________Testified as Wing Commander in PARLIAMENT, House of Commons, Special Committee on Bill No. 133 An Act Respecting National Defence, Minutes of Proceedings and Evidence: Special Committee on Bill No. 133 on Act Respecting National Defence, Ottawa: Edmond Cloiutier, King's Printer, 1950; eight numbers, No. 1 dated 23 May 1950 to No. 8 dated 6 June 1950, 360 p.; copy at the Library of Parliament, call # J103 H7 1950 D4 A1 and at Library and Archives Canada; the wallet of the Special Committe is located at the Library and Archives Canada, Record Group # 14, 1987-88/146, Box 58 which contains the reports to the House, amendments, exhibits and minutes; there is a Microfiche. [Toronto] : Micro Media Limited, [1995?] -- 5 fiches ; 11 X 15 cms at the University of Ottawa, Off-Campus Storage - Annex CA1 XC2 N14a 212; other information for research: Canada, Parliament, House of Commons, Special Committee on Bill no. 133, An Act respecting National Defence, Minutes of Proceedings and Evidence. May 23 [21st Parliament, 2nd session] - June 6, 1950 [21st Parliament, 2nd session], King's Printer 1950, see https://books.google.ca/books/about/Minutes_of_Proceedings_and_Evidence_May.html?id=_oGrtAEACAAJ&redir_esc=y (accessed 21 May 2018); see also fonds at National Defence Headquarters Directorate of History and Heritage: Fonds 2007/16 - Special Committee on Bill No. 133, An Act Respecting National Defence fonds, 3.5 cm of textual records, see https://www.archeion.ca/special-committee-on-bill-no-133-act-respecting-national-defence-fonds (accessed 21 May 2018); copy also at the Department of Justice Canada, Supreme Court of Canada, Guelph University, University of Toronto Robarts Library; VERY IMPORTANT DOCUMENT NOW AVAILABLE at http://parl.canadiana.ca/view/oop.com_HOC_2102_3_1/1?r=0&s=1, accessed on 24 August 2020 and many thanks to my federal member of Parliament Mr. David McGuinty, Ottawa South and his executive Assistant Jenny Hooper for providing information about this link on 24 August 2020;
Image
source: http://everitas.rmcclub.ca/?p=76619, accessed 16 August 2016Major Trevor P. McLeod, CD, BEng (Civ), LL.B., MBAMajor Trevor McLeod joined the CF in 1983 as an ROTP cadet at the Royal Military College of Canada in Kingston. He graduated in
1987 with a degree in civil engineering. After an aborted attempt to become a CF pilot, Trevor completed classification training as an
Air Weapons Controller in 1989
Trevor spent two tours of duty at the Canadian NORAD Sector in North Bay (1988 - 1992, and 1996 - 1999) where at different times
he maintained qualifications as a Weapons Director and Weapons Assignment Officer, Surveillance Controller, Standards Evaluator,
Operations Room Tactical Director, NORAD Airborne Battle Staff and Joint Operations Officer. From 1992 to 1996 he was posted
to the NATO Airborne Early Warning Force in Geilenkirchen, Germany where he served as a Weapons Controller and Fighter Allocator
on squadron, as well as an Instructor in the Training Wing.
After being accepted into the Military Legal Training Program in 1999, Trevor attended law school at the University of Ottawa and
graduated in 2002. After completing his Bar Admissions Course for the province of Ontario, Trevor officially joined the Office of the
JAG in 2003. As a Legal Officer he has advised in the areas of administrative law concerning personnel issues and grievances, on
general military law, and on military justice issues. He has deployed operationally twice as a legal officer. In 2007 he had an opportunity
to advise on operational law issues during a deployment to the Democratic Republic of Congo where he filled the position of Deputy
Military Legal Advisor to the United Nations peacekeeping force in that country. In 2012 Trevor deployed to Kabul, Afghanistan and
served as the Deputy Training Advisor to the Afghanistan National Army Legal School.
Trevor’s current and last posting as a legal officer is in Ottawa with the JAG Directorate of Law / Military Justice Policy where he
works diligently and tirelessly on the regulations and consequential amendments stemming from Bill C-15: Strengthening Military
Justice in the Defence of Canada Act. He will be joining the ranks of the Department of Justice as a counsel with the International
Assistance Group. Currently enjoying a return to paternity with a little one less than 2 years old, Trevor anticipates many years with
the Department of Justice.
Congratulations to Major Trevor McLeod for his 33 years of service in the Canadian Armed Forces and numerous achievements as
an Air Weapons Controller and Legal Officer, and best of luck to him, his wife Vesna and two daughters Alyssa and Anna in their future endeavors.
........
Major Trevor P. McLeod, CD, BEng (Civ), LL.B., MBA
Le major McLeod joint les FC en 1983 en tant que cadet dans le PFOR du Collège militaire royal du Canada, à Kingston. En 1987, il
obtient un diplôme en génie civil. En 1989, après un échec pour devenir un pilote des FC, Trevor complète la formation pour se qualifier
à titre de contrôleur des armes aériennes.
Trevor a passé deux périodes de service avec le secteur canadien du NORAD à North Bay (1988 - 1992 et 1996 - 1999) où, pendant
des périodes différentes, il maintient ses qualifications comme directeur des armes et officier à l’affectation des armes, contrôleur de la
surveillance et évaluateur des normes, directeur tactique du Centre des opérations, officier d’état-major de combat aéroporté du NORAD et
officier des opérations interarmées. De 1992 à 1996, il est posté à la Force aéroportée d’alerte avancée de l’OTAN, à Geilenkirchen, en
Allemagne, où il sert à titre de contrôleur à bord des avions dotés du système aéroporté de détection lointaine pour un escadron ainsi que
d’instructeur de l’escadre responsable de la formation.
Après avoir été accepté au Programme militaire d’études en droit en 1999, Trevor a fréquenté la faculté de droit de l’Université d’Ottawa
et obtient son diplôme en 2002. Trevor complète ensuite son cours de formation professionnelle du barreau pour la province d’Ontario et
joint officiellement le cabinet du JAG en 2003. En sa qualité d’avocat militaire, il fournit des avis dans le domaine du droit administratif,
sur les questions de personnel et de griefs, du droit militaire en général, et de la justice militaire. Il se déploie deux fois comme avocat militaire
en théâtre opérationnel. En 2007 il avise sur les questions de droit opérationnel au cours d’un déploiement dans la République démocratique
du Congo où il occupe le poste de conseiller juridique militaire adjoint à la Force de maintien de la paix des Nations Unies dans ce pays. En
2012 Trevor se déploie à Kabul, Afghanistan ou il occupe le poste d’adjoint au conseiller militaire senior à l’École juridique de l’Armée nationale
afghane.
La dernière et actuelle affection de Trevor en tant qu’avocat militaire est à Ottawa au sein de la Direction juridique / Justice militaire – politique
ou il a travaillé avec diligence et ardeur sur les amendements législatifs et règlementaires résultant du projet de loi C-15, la Loi visant à renforcer
la justice militaire pour la défense du Canada. Il va par la suite joindre les rangs du Service d’entraide internationale au Ministère de la Justice
en qualité d’avocat. Savourant présentement un retour aux joies de la paternité avec une petite ayant moins de 2 ans d’âge, Trevor anticipe plusieurs
années au sein de l’équipe du Ministère de la Justice.
Félicitations au major Trevor McLeod pour ses 33 années de services au sein des Forces armées canadiennes et ses nombreux accomplissements
en tant que contrôleur des armes aériennes et avocat militaire, et meilleurs vœux à lui, son épouse Vesna et ses deux filles Alyssa et Anna dans leurs projets futurs.
[Source: email from Keith Reichert, Assistant Chief of Staff (Personnel), Office of the Judge Advocate General to Benoit Pinsonneault, alumni member, 16 August 2016, 14:33 h]
16004 Major Trevor McLeod (RMC 1987) is currently posted in Ottawa as Deputy Judge Advocate – Ottawa. He joined
the CF in 1983 as an ROTP cadet at the Royal Military College of Canada in Kingston. He graduated in 1987 with a degree
in civil engineering. After being accepted into the Military Legal Training Program in 1999, Major McLeod attended law
school at the University of Ottawa and graduated in 2002.After completing his Bar Admissions Course for the province of Ontario, Trevor officially joined the Office of the JAG
in 2003. As a Legal Officer he has advised in the areas of administrative law concerning personnel issues and of general
military law. He had an opportunity to advise on operational law issues during a deployment to the Democratic Republic
of Congo where he filled the position of Deputy Military Legal Advisor to the United Nations peacekeeping force in that
country. Source
From the left, Gravi Swayze, the author, and Major Trevor McLeod
____________on Trevor McLeod, see SWAYZE, Gavi, "The people", in The Juris Diction, available at https://gaviswayze.wordpress.com/the-people/; on the author see https://gaviswayze.wordpress.com/about/ (both sites accessed 4 January 2016);
McMACKIN, Vanessa, "Rearranged Snowdrops: The Construction of
Memory at Abbaye d'Ardenne", Canadian Military History:
Vol. 20 : Iss. 3 , Article 4; available at https://scholars.wlu.ca/cgi/viewcontent.cgi?article=1562&context=cmh
and https://fliphtml5.com/fxrb/avpx/basic
(accessed 13 April 2020);
Source of
image: https://www.cba.org/CBA/newsletters/pdf/MIL-jamaica.pdf,
accessed 1 October 2015
Source:
ca.linkedin.com/in/benoit-mcmahon-17162489, consulté le 7 avril 2018MC MAHON, Benoit, military legal officer,
biography (French and English), available at docplayer.fr/23371423-Un-headquarters-in-geneva-and-in-the-office-of.html
(accessed 8 August 2017); member of Barreau du Québec;
Le major Mc Mahon est originaire de Laval, province de Québec. Il a un frère
jumeau avec qui il a joué au baseball et au hockey durant toute sa jeunesse.
Il a aussi une sœur de 4 ans son ainée. Ses parents sont retraités depuis quelques
années déjà et ils vivent paisiblement à Rawdon, petite ville située au nord‐est de Montréal.
Le major Mc Mahon est avocat depuis1993. Après ses études de droit à l’Université de
Montréal (LL.B. 1989‐1992), le major Mc Mahon fait son stage comme procureur de la poursuite
au palais de justice de Montréal où il fait partie de l’équipe des enquêtes préliminaires. Après
son stage, le major McMahon devient avocat de la défense à Montréal où il exerce en pratique
privée de 1994 à 1998. En 1999, le major McMahon joint les FC et est muté à la Direction du
service des avocats de la défense. Dès l’année 2000, le major Mc Mahon retourne à Montréal
en tant que JAA au SQFT, et en profite pour être déployé en Bosnie-Herzégovine sur la roto 10.
Il retourne ensuite à Ottawa pour travailler à la direction du droit administratif pendant environ
deux ans (griefs) et revient à ses anciennes amours en 2006 comme procureur militaire régional
à Ottawa (deux ans) et Edmonton (trois ans). Entre 2012 et 2014, le major Mc Mahon est muté
à Ottawa et agit en tant que conseiller juridique du Centre de soutien aux enquêtes administratives
(CSEA‐AISC). Le major McMahon est transféré au CDMFC en 2014 où il enseigne le DIH, le droit
administratif et le droit militaire. Il détient une Maîtrise professionnelle en droit administratif du
Osgoode Hall Law School. La lecture de romans, la marche et l’entraînement au gymnase font
partie de ses passe‐temps.
[Research note: for an English version of the biography, see https://cdp-hrc.uottawa.ca/sites/cdp-hrc.uottawa.ca/files/contributors_ihl2018.pdf,
accessed 28 September 2018]
Nominations du Conseil des ministres
Québec, le mercredi 21 octobre 2020 – Le Conseil des ministres a procédé
aux nominations suivantes à sa séance d’aujourd’hui.
[...]
Comité de déontologie policière
M. Benoit Mc Mahon est nommé, à compter du 16 novembre 2020, membre du Comité de
déontologie policière. M. Mc Mahon est avocat militaire à la Direction juridique du Personnel
militaire au Cabinet du juge-avocat général des Forces armées canadiennes.
Expérience professionnelle
Forces armées canadiennes
Depuis 2018Avocat militaire – Direction juridique – Personnel militaire – Cabinet du juge-avocat général2014 - 2018Professeur de droit – Centre de droit militaire des Forces canadiennes – Académie canadienne de la défense (Kingston, Ontario)2011 - 2014Avocat militaire – Centre de soutien aux enquêtes administratives – Cabinet du juge-avocat général2006 - 2011Avocat militaire, procureur militaire régional – Cabinet du juge-avocat général2001 - 2005Juge-avocat adjoint – Cabinet du juge-avocat général – Montréal1999 - 2001Avocat militaire – Direction du service des avocats de la défense – Cabinet du juge-avocat général1993 - 1999Avocat de la défense en pratique privée – MontréalMinistère de la Justice
1993Stagiaire en droit – Bureau des substituts des procureurs de la couronne – Montréal
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
[Source: https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....,
ProQuest, accessed 29 April 2020]
x
Gordon McMichael, first on the left.
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
---
McMILLAN, Elizabeth, Anjuli Patil, "Forces
members who disrupted Indigenous rally face 'severe
consequences'. 'Their future in the military is certainly in
doubt,' says Gen. Jonathan Vance, chief of defence staff", CBC
News, Nova Scotia, 4 July 2017, available at http://www.cbc.ca/news/canada/nova-scotia/proud-boys-canadian-military-indigenous-protest-disrupted-1.4189615
(accessed 6 July 2017);
McMILLAN, Ken, Commander, photo of, put on flick by Jim Rycroft at
https://www.flickr.com/photos/xjag/4568471312/in/album-72157624001614413/
(Cdr McMillan is on the left with Maj Coulombe of the right)
(accessed 29 September 2020);
Image
source:
pressreader.com/canada/ottawa-citizen/20100809/281784215388365,
accessed 7 November 2017
John McMunagle
McMunagle, John A., notes on
Ontario Superior Court Justice John McMunagle, see http://www.queensu.ca/gazette/content/alumni-sworn-judges-superior-court,
accessed 7 November 2017;
Two Queen's alumni were sworn in on August 9 [2010] as judges of the Superior Court of Justice.
The appointments of the Honourable Peter B. Annis, Arts'68, Law'71, and the Honourable
John A. McMunagle, Law'85, were announced by the federal Minister of Justice in June.
Mr. Justice McMunagle has been a sole practitioner since 2008. He practised with McCann
Law Offices (2002-2008) and was a sole practitioner (1992-2002). He has been a prosecutor
for the Law Society of Upper Canada since 2004; a member of the Canadian Armed Forces
Reserves, Judge Advocate General since 1999; standing part-time prosecutor for Elections
Canada (1992-2007); part-time assistant Crown Attorney for the Ministry of the Attorney
General (1993-1997). His main area of practise was criminal defence trial litigation.
___________on McMunagle, John A., Lieutenant (Navy), was
defence counsel in the Standing Court Martial of R. v. Lowen
CM 29, Kingston, Ontario, 8 April 2002; available at
(accessed 24 August 2019); source of information: MADSEN,
C.M.V. (Chris Mark Vedel), Military law and operations, Aurora (Ontario): Canada Law Book, c2008-, vol. 2,
at p. APP2: 2002-11;
McNAIRN, David (David Patrick), Canadian Military Justice, forthcoming book, 2015-2016, Irwin Law Inc.; source: http://www.scc-csc.gc.ca/factums-memoires/35946/FM010_Appelant_Sergeant-Damien-Arsenault.pdf, at p. 44, accessed 16 March 2015;
Image
source: https://www.flickr.com/photos/umjanedoan/497353227/,
accessed 11 February 2015
___________ "The Canadian Forces' Criminal Law Firm: A Blueprint
for Independence -- Part I", (2003) 8(2) Canadian Criminal Law
Review 237-280 and "The Canadian Forces' Criminal Law Firm:
A Blueprint for Independence -- Part II", (2004) 8(3) Canadian
Criminal Law Review 329-376;
___________"The costs connandrum in the Court Martial Appeal Court", circa 2012, available at http://www.cba.org/cba/newsletters-sections/pdf/2012-05-military-2.pdf (accessed on 1 February 2015);
___________"Does Canada Need a Permanent Military Court?",
(2006) 18 Constitutional Law
205-234;
___________"Message from the Chair" (February/Février 2003) Sword & Scale -- Salut militaire
2 and 7; available at http://web.archive.org/web/20050125062546/http://dev.cba.org/CBA/Sections/military/swordscaledec2002.pdf
(accessed
on
19 April 2012);
FRANÇAIS:
___________"Précis : Message du président"
(February/Février 2003) Sword
& Scale -- Salut militaire
2 et 6; disponible à http://web.archive.org/web/20050125062546/http://dev.cba.org/CBA/Sections/military/swordscaledec2002.pdf
(site visité le
19 avril 2012);
___________"A Military Justice Primer, Part I and Part II",
(2000) 43 The Criminal Law Quarterly 243-267 and 375-392;
with the same title in (July-October 2000) vol. 3 JAG
Newsletter / JAG Bulletin d'actualités 32-49;
FRANÇAIS :
___________"Introduction au système de justice militaire" dans Congrès
annuel du Barreau du Québec 2002, 2002, 614 pages, aux pp.
1-45; disponible à http://congres.barreau.qc.ca/2002/documentation.html
(vérifié le 27 février 2012); aussi publié dans (2002) 7(3) Canadian
Criminal Law Review / Revue canadienne de droit pénal
299-332; aussi disponible à https://edoctrine.caij.qc.ca/recherche#q=cour%20martiale&t=edoctrine&sort=relevancy&f:caij-unik-checkboxes=[Doctrine,L%C3%A9gislation,jurisprudence]&m=detailed&i=7&bp=results
(vérifié le 23 mars 2018);
___________Canadian Military Law, Ottawa : University of Ottawa,
Common Law Section, 2013-, "CML 3149" (seies; Casebook, University
of Ottawa, Common Law Section; copy at the University of Ottawa,
Fauteux Library: KE 6800 .M36 2013-2014 v.1 et v. 2;
___________"Military Enjoys Rights", The Ottawa Citizen,
5 December 1996, at p. A14;
As I read the Nov. 29 editorial, ``Officer can eat again,'' on the Dean Marsaw case,
I felt compelled to respond to the egregious error that it contains. It states:
``Our Charter of Rights and Freedoms does not apply to members of the military...''
This is plainly wrong.Just because someone joins the Forces, he does not lose the protection of the
Canadian Charter of Rights. Soldiers are not second-class citizens; they enjoy the
same rights and freedoms as everyone else. The Charter has been used to bring
about many changes to the military justice system.It is highly unprofessional, bordering on incompetence, to suggest that military
members are not protected by our Charter.David NcNairn, lawyer, Ottawa
[source: https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....; accessed 9 June 2019]
Image
source: http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/nzaflr3&div=12&id=&page=,
accessed 11 February 2015
___________"Military Law Reform in Canada", [2003] New Zealand
Armed Forces Law Review 51-56; p. 51 is available at http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/nzaflr3&div=12&id=&page=
(accessed
on 27 February 2012);
___________on McNairn, David, see :
Forsyth v. Canada (Attorney General), 2002 FCT 643 (CanLII), [2003] 1 FC 96, <http://canlii.ca/t/kdl>, date 2002-06-05 where Major McNairn appeared as counsel for the applicant Private Forsyth, and Major Ken Lindstein was one of the counsel for the respondent the Attorney General for Canada;
Further research on the Forsyth case
- was court martialed and convicted on 2 September 2002 at CFB Gagetown; LCol Ménard was President; other counsel unknown;
- the appeal of of Forsyth, 26 Sep 2003, available at R. v. Forsyth, 2003 CMAC 9 (CanLII), <http://canlii.ca/t/ggpx3>
Heather Forsyth
- CBC NEWS CANADA, "Alberta's solicitor general accused of witness tampering", http://www.cbc.ca, 29 November 2012, available at http://www.cbc.ca/news/canada/alberta-s-solicitor-general-accused-of-witness-tampering-1.317693 (accessed 18 December 2017);
Opposition Liberals are demanding Alberta Solicitor General Heather Forsyth
resign over allegations she asked a witness not to testify at a trial in 1999.The accusations, made during a court martial of her son at CFB Gagetown
in New Brunswick, surfaced when a transcript of the hearing became public.....
Forsyth's son was found guilty of assault causing bodily harm at the court
martial. Cpl. Thomas Forsyth was sentenced to eight months in a military
prison but has been released while the case is being appealed.According to the transcript, the military investigator said the original
....
criminal case fell apart after Heather Forsyth persuaded her son's girlfriend not to testify.
Forsyth was not solicitor general at the time, but was a member of the legislature.
__________on McNairn, David, as of August 2019, employed by the
Department of Justice Canada and works at DND/Canadian Forces Office of The Legal Advisor;
Ottawa; source
https://www2.lsuc.on.ca/LawyerParalegalDirectory....;
David McNairn
___________on McNairn, David, see the article by Alex Robinson,
"Lawyer wins $160,000 judgment against condo neighbours", Canadian
Lawyer, 21 April 2017, available at https://www.canadianlawyermag.com/news/general/lawyer-wins-160000-judgment-against-condo-neighbours/274261
(accessed 30 August 2019); to go further, see McNairn v Murphy,
2017 ONSC 1678 (CanLII), <http://canlii.ca/t/h32j6>;
An Ottawa lawyer and aspiring judge has won $160,000 in damages in a defamation
lawsuit he brought against neighbours of a condominium he owns in Costa Rica.
___________on McNairn, David, see the following biographical notes published in Canadian Association for Civilian Oversight of Law Enforcement (CACOLE), Conference 2004: Many Voices : Communities and Civilian Oversight, at pp. 19-20 and available at http://www.cacole.ca/confere-reunion/pastCon/pdf/2004Biographies-eng.pdf (accessed 13 April 2020);
David McNairn, C.D., B.A., LL.B., M.A.
David McNairn is employed as counsel with the Department of Justice
20new trial or a referral to the court of appeal) because there is a reasonable
in Ottawa at the Criminal Conviction Review Group. He is one of several
counsel responsible for reviewing and investigating criminal conviction
review applications submitted to the Federal Minister of Justice pursuant
to sections 696.1-696.6 of the Criminal Code and the Regulations Respecting
Applications for Ministerial Review – Miscarriages of Justice. As part of this
process, Mr. McNairn provides advice to the Federal Minister of Justice
with regard to whether an applicant should be granted a remedy (i.e., a
basis to conclude that a miscarriage of justice likely occurred in his or her case.
Mr. McNairn was called to the bar of Ontario in 1988. He received his post-secondary
education at Carleton University where he earned his Bachelor of Arts degree
(History and Political Science) in 1983, the University of Ottawa where he earned
his Bachelor of Laws degree in 1986, and Wilfrid Laurier University where he
earned his Master of Arts degree (Military History) in 1997. After articling in Ottawa,
Mr. McNairn spent nine years in private practice in Stratford, Kitchener-Waterloo and
Ottawa. His practice focussed on litigation with an emphasis on criminal law
including defence and prosecution work. Mr. McNairn enrolled in the Canadian Forces
(CF) in 1984 as a non-commissioned member of a reserve infantry regiment. He was
commissioned from the ranks in 1986 and served thereafter as a reserve infantry officer.
In 1996 Mr. McNairn became a reserve legal officer with the Office of the Judge
Advocate General for the CF and transferred to the regular force a short time later.
After five years of full-time military service – three of those years as a military defence
counsel - Mr. McNairn left the regular force in 2002 and accepted his present position
with the Department of Justice. Mr. McNairn is active in the Canadian Bar Association
and in particular served as chair of the National Military Law Section in 2002-2003.
He is the author of several published articles on military law and justice issues and
is presently working on a book tentatively entitled Canadian Military Justice. Mr.
McNairn is married, has two children and resides in Ottawa.
___________"Should Canada's Military Justice System Have
Jurisdiction Over Ordinary Criminal Offences?", in
Michel Drapeau Law Office, ed., Winds
of Change: Conference and Debate on
Canadian Military Law, [Ottawa:]
Michel Drapeau Law Office, 2016, 102 p., at
pp. 65-71, NOTES: Conference held at the
University of Ottawa, 13 November 2015; "For
the first time an international academic
conference on military law was held in
Canada at the University of Ottawa with the
focus on reform and comparative law" (Gilles
Létourneau, Preface, p. 7);
"(Organizing Committee for the Conference:
Michel W. Drapeau, Joshua M. Juneau, Walter
Semianiw and Sylvie Corbin)"; Speech
transcribed by Joshua M. Juneau, p. 31;
available at mdlo.ca/wp-content/uploads/2016/01/2015-Conference-Proceedings.pdf
(accessed 20 January
2016);
The Three Conditions for the Exercise of Military Jurisdiction Over Ordinary
Criminal Offences: A Reformulation of the Military Nexus Doctrine
What I am about to offer you is in effect a reformulation of the military nexus doctrine which developed rather haphazardly in Canadian
jurisprudence. I suggest that the military justice system should only exercise its concurrent jurisdiction over an ordinary criminal offence
allegedly committed in Canada by a person subject to the Code of Service Discipline if three conditions are satisfied:
1. Is there a real and substantial connection between the alleged offence and the accused’s military service?
2. Taking into account all relevant considerations, is there a compelling military interest in prosecuting the alleged offence?
3. Have civilian justice authorities been fully informed of the circumstances of the alleged offence, waived their authority to prosecute the
offence, and consented to the prosecution in the military justice system?
___________Studies in Public
Law: Canadian Military Law CML 4104A-- Materials on Military
Justice, University of Ottawa, 2009; available in part at
http://www.commonlaw.uottawa.ca/index2.php?option=com_docman&task=doc_view&gid=2583&Itemid=99999999
and http://www.commonlaw.uottawa.ca/index2.php?option=com_docman&task=doc_view&gid=2613&Itemid=99999999,
http://www.commonlaw.uottawa.ca/index2.php?option=com_docman&task=doc_view&gid=2551&Itemid=99999999, http://www.commonlaw.uottawa.ca/index2.php?option=com_docman&task=doc_view&gid=2552&Itemid=99999999,
http://www.commonlaw.uottawa.ca/index2.php?option=com_docman&task=doc_view&gid=2583&Itemid=99999999,
http://www.commonlaw.uottawa.ca/index2.php?option=com_docman&task=doc_view&gid=2613&Itemid=99999999
(accessed on 6 December 2011 and 6 January 2012);
___________Studies in Public
Law: Canadian Military Law [Materials on Military Justice],
Ottawa: University of Ottawa, Common Law Section 2011-, (series;
Casebook, University of Ottawa, Common Law Section), NOTES: CML
4104; Latest edition only kept at the Law Library; copy at
Ottawa University, FTX Reserve KE 7146 .M36 2011-2012,
volumes 1 and 2;
Casebook_(ch._8)
(source:
http://www.commonlaw.uottawa.ca/en/courses/courses/cml-4104-studies-in-public-law-canadian-military-law.html
(accessed on 6 January 2012)
___________"An Update on Military Law Reform in Canada",
[December 2004] New Zealand Armed Forces Law Review 36 to
approx. 44; title noted in my research but article not
consulted yet (4 November 2005);
___________ "Why is independence of the legal profession
important?" (May/Mai 2002) Sword
& Scale -- Salut militaire
4 and 7; available at http://web.archive.org/web/20050125112748/http://dev.cba.org/CBA/Sections/military/swordscaleapril2002.pdf
(accessed
on
19 April 2012);
FRANÇAIS:
___________"Précis : Pourquoi l'indépendance de la
profession est-elle si important?" (May/Mai 2002) Sword & Scale -- Salut militaire
4; disponible à http://web.archive.org/web/20050125112748/http://dev.cba.org/CBA/Sections/military/swordscaleapril2002.pdf
(site visité le
19 avril 2012);
McNAMER, John, "Canada -- Briefing to the UN Committee against
Torture, 48th Session, May 2012, on Canada's Transfer of Afghan
Detainees into the Danger of Torture by Other Authorities",
available at http://www.nightslantern.ca/law/mcnamertocat.pdf
(accessed on 3 November 2014);
___________"Canada's Detainee Torture Scandal : An Overview
February 12, 2012", 13 p.; available at http://www.lawyersagainstthewar.org/letters/Canada.Detainee.Scandal.Feb.12.pdf
(accessed on 22 May 2012);
McNEILL, D.J. was Captain on 31 December 1990 with the
OJAG; his
seniority date for
that rank was 1 May
1989 (source:
Canadian Forces Officer's List (Regular)
(Bilingual), A-AD-224-001/AF-001,
31 December 1990; obtained from
DND, Access to Information and Privacy, file
A-2019-00318, 13 February 2020);
Image
source: johnjmcneil.files.wordpress.com/2011/08/wilcox-gazette.jpg,
accessed 7 November 2017
McNEIL, John, Cape Breton Post, "Soldier accused of murder loses
constitutional challenge", The Montreal Gazette, 18 March
2009, available at https://mcneilmedia.ca/nr3/
(accessed 7 November 2017);
Defence lawyer Maj. Stephen Turner presented arguments Tuesday, claiming the process for selecting the military
jury that will hear Wilcox’s court martial violates his constitutional right to a fair trial.
....
Military prosecutor Maj. Sherry MacLeod said Turner’s arguments called for broad changes to the military justice
system without demonstrating that any of these possible problems will actually affect the Wilcox court martial.
McNEILL, N.-N. (could be instead N.J., see infra next
entry) research note: article about a General Court martial where
Captain N.-N. McNeil from Calgary was the prosecutor, see
"Procès de trois soldats devant une Cour martiale, à Aldershot",
Le soleil, mardi 31 juillet 1945, à la p. 9;
disponible à http://collections.banq.qc.ca/ark:/52327/3439529
(consulté le 21 août 2018);
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
____________on McNeill, N.J., Captain, from Calgary, see
"Canadian Not Guilty of Fomenting Mutiny", Hamilton Spectator,
1945/08/01, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5030367
(accessed 4 June 2019);
McQUARRIE, Robert Laughlin, lawyer and was named Assistant Judge
Advocate-General in charge of internment camp operations during WW
II, see Dr. L. Gordon Goldsborough, "Memorable
Manitobans: Robert Laughlin McQuarrie (1896-1968)", Manitoba
Historical Society, available at http://www.mhs.mb.ca/docs/people/mcquarrie_rl.shtml
(accessed 17 March 2019);
Memorable Manitobans: Robert Laughlin McQuarrie (1896-1968)
Lawyer.
Born at Minnedosa on 21 February 1896, son of Thomas Chalmers McQuarrie (1858-1921) and Mary
Cameron Smith (1863-?), he was educated in Minnedosa. In 1917, he enlisted in the military and served
two years in the Royal Canadian Army Medical Corps and Royal Flying Corps. After the First World War,
he articled in law with James F. Kilgour and was called to the Manitoba Bar in 1925. He became a member
of Kilgour, Foster & McQuarrie and later joined the firm of Coldwell, Coleman & Kerr. During the Second
World War, he rejoined the military in August 1940 and served as Assistant Judge Advocate-General in
charge of internment camp operations. He made a King’s Counsel in 1944. On 20 November 1926, he
married Norma Henrietta Andrew (?-?) of Minnedosa and they had one daughter. He served as President of
the Brandon Kinsmens Club (1927) and Vice-President of Canadian Kinsmens Clubs (1928-1929). Active
in Conservative politics, in 1929 he was President of the Federated Young Conservative Clubs of Manitoba.
He was a member of the Brandon Masons, Canadian Club of Brandon, and Anglican church. He retired to
Victoria, British Columbia in 1949 and died there on 5 March 1968.
.___________on McQUARRIE, Robert Laughlin, Major, Assistant Judge
Advocate -General, military district number 10, Winnipeg,
see his memorandum dated 16 September 1943, Canadian Heritage,
Canadian Army Courts Martial documents T-15650, matching page
image 2567, available at http://heritage.canadiana.ca/view/oocihm.lac_reel_t15650/2567?r=0&s=1
(accessed 24 March 2019);
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
.
___________on McQUARRIE, Robert Laughlin, see his personel
military file at http://www.bac-lac.gc.ca/eng/discover/military-heritage/first-world-war/first-world-war-1914-1918-cef/Pages/item.aspx?IdNumber=135176
and (accessed 17 March 2019);
___________on McQUARRIE, Robert Laughlin, see his photo with the
article "Major McQuarrie Named Assistant Judge Advocate", The
Winnipeg Tribune, 8 January 1942 at p. 18, available at
https://www.newspapers.com/image/...., accessed 22 May 2020;
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
___________on McQUARRIE, Robert Laughlin, see "Soldier-Lawyer
Seeks Esquimalt Tory Nomination", Times Columnist,
Victoria, B.C., Saturday, 27 February 1960 at p. 4; available at
https://www.newspapers.com/image/...., accessed 28 May 2020;
Angus McRae
McRAE, Angus Alexander, Reverend, died in 2011, as a
Captain-Chaplain was court martialed in 1980 for sex offences on a
young boy, see the site http://www.theinquiry.ca/wordpress/accused/charged/mcrae-father-angus-mcrae/#comments
(accessed 30 August 2017); the trial was held in-camera; there was
an appeal as to severity of sentence and it was reduced to 18
months; Capt Boan was the prosecutor and LCol J.B. Fay the JAG;
Priest, Archdiocese of Edmonton, Alberta. Ordained 05 June 1954. Spent several years with the Canadian Armed Forces as a military chaplain.
1980 court martial – sentenced to four years for sex abuse of young boy. The charges, which included buggery, gross indecency and indecent
assault, were laid by military police and prosecuted by military. Served only 10 months of four year sentence, and that in CFB military prison
in Edmonton.
___________on McRAE, Angus, see the transcript of his General
Court Martial, CFB Edmonton, 15-18 July 1980, available at https://cfbnamao.files.wordpress.com/2020/11/a-2019-00017_transcript.pdf
(accessed 4 November 2020); the transcript was obtained by an
Access to Information Act request, DND, number
A0610347_265-A-2019-00017-00265; this is the number that appears
at the bottom of each page; the judge-Advocate was LCol J.B.
Fay; prosecutor Major D.J. Boan; defence counsel Major G.L. Brais;
___________on the court martial, see "Military Chaplain sentenced
to 4 years over sexual offences", The Globe and Mail, 1
August 1980, at p. 11;
ProQuest Historical Newspapers
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
___________another conviction in 1989, see "Ex-Edmonton priest
convicted on sex charges", Edmonton Journal 23 July 1989,
at p. B8;
TORONTO (CP) -- A 63-year- old Roman Catholic priest who molested two boys from his suburban parish
has been placed on probation for three years.Rev. Angus NcRae, once a military chaplain at CFB Edmonton, pleaded guilty Friday to sexual exploitation
and sexual interference for fondling the buttocks of the boys, aged 12 and 14, several times over the past year.McRae often discussed erections and masturbation with the older boy, Crown attorney Mary Hall told provincial court.
When the older boy began avoiding him, McRae started to get friendly with the 12-year-old, and fondled his
buttocks "whenever he had the opportunity."The boys' complaints to church officials in May prompted calls to the Catholic Children's Aid Society and Toronto
police, who charged McRae June 27.McRae underwent psychological assessment and will receive treatment, the defence said. He will return to a small
farming community on the outskirts of Edmonton to live with his sister.The church has barred him from parish work for life.
The judge also ruled McRae is not to associate with anyone under the age of 18 unless accompanied by an adult.
He received a four-year sentence in 1980 after being convicted of three sex charges involving a boy.
He had been tried at a military court martial in Edmonton on charges of buggery, indecent assault and gross
indecency.
[source: https://search-proquest-com.ezproxy.biblioottawalibrary.ca/; accessed 11 September 2018]
___________on McRae, Angus, see the article by David Pugliese,
"Defence minister has the power to release info about dead child
molester, legal experts say", The Guardian, 2 September
2020, available at https://www.theguardian.pe.ca/news/canada/defence-minister-has-the-power-to-release-info-about-dead-child-molester-legal-experts-say-491878/,
accessed 2 September 2020;
___________on McRae, Angus, see the article by David Pugliese,
"Records military fought to keep secret show pedophile priest had
multiple child victims", The Ottawa Citizen, 16 November
2020; available at (accessed 16 November 2020);
McRAE, D.M., "Annual Conference of the Canadian Council on
International Law", (1975) 12 Canadian Yearbook of
International Law / Annuaire canadien de droit nternational 267-271;
The Canadian Council on International Law held its third Annual Conference in Ottawa on October 18-19, 1974. The theme of the
Conference was International Terrorism and three sessions were devoted to it. The first session on October 18 focused on a paper
delivered by Professor Paul de Visscher of the University of Louvain, Belgium, entitled, “Le Terrorisme International: Ses Effets
sur l’Ordre Juridique International.” The paper was commented upon by Professor L. C. Green of the University of Alberta,
Professor Jordan J. Paust of the University of Houston, and Brigadier J. M. Simpson of the office of the Judge Advocate General.
McRAE, Peter, and LaViolette, Nicole, Unaccountable Soldiers: Private
Military Companies and the Law of Armed Conflict, LL.M.
thesis, University of Ottawa, 2011, iii, 116 p.; available
at https://www.ruor.uottawa.ca/handle/10393/20580?locale=fr
(accessed on 15 October 2015); also available at http://www.collectionscanada.gc.ca/obj/thesescanada/vol2/OOU/TC-OOU-20580.pdf
(accessed 9 September 2017);
[Abstract]
The use of Private Military Companies (PMCs) has become an increasingly common feature of contemporary armed conflict. Because of their autonomous
contractual status, PMCs have presented governments with problems of accountability on several levels, including violations of international human rights
and humanitarian law (IHL) standards. This thesis argues that PMCs should be considered to be non-state actors (NSAs), subject to international law from
both an International Relations Theory and a Legal Theory perspective. This conclusion is linked to the issue of whether individual PMC employees can
be treated as legitimate combatants according to IHL. State practice has not led to a clear understanding of the definition of combatant, a problem which
has been compounded by a lack of government policy on the use of PMCs. Using Canadian experience as a case study, the thesis concludes that IHL
suggests two options for regularizing the status of PMCs which would both strengthen accountability and uphold the rule of law.
McWHINNEY, Edward, "The Firing Squad Case: Have we swept it under
the rug?", The Globe and Mail,
11/04/1966, p. 7;
THE TRIAL AND execution in the Netherlands of the two German prisoners-of-war, Bruno Dorfer and Rainer Beck, nine
days after the Allies abolished the legal... (source: http://queensu.summon.serialssolutions.com/search?s.cmd=nextPage%
28%29&s.light=t&s.pn=5&s.q=%22canadian+military+law%22, accessed 15 October 2015)
____________"Canada and the 2003 invasion of Iraq: Prime Minister Chrétien's gloss on the UN charter principles on the use of force", (2007) 45 Canadian yearbook of international law 271-290;
McWILLIAMS, A.C., Major, assistant judge advocate general for the
Western Command, referred to in the article "Rosedale Area
Subdivision Plan Approved. Lots Will Be Auctioned by City
Within Few Weeks", Calgary Herald, Tuesday 8 April 1947 at
p. 9; available at www.newspapers.com/...., accessed on 20 May
2020;
Source
de l'image:
https://www.mcgill.ca/law/fr/about/profs/megret-frederic, visité
18 octobre 2015
MÉGRET, Frédéric, "Thinking About What International Humanitarian
Lawyers 'Do': An Examination of the Laws of War as a Field of
Professional Practice", (October 7, 2014) in Wouter Werner,
Marieke de Hoon, and Alexis Galán Ávila (eds), The Law of
International Lawyers (2015). Available at SSRN: http://ssrn.com/abstract=2670673 (accessed
18 October 2015);
MEHKERI, Leila (Leila Vanessa), Captain, member of the OJAG,
reserve force; she attended the 2019 mandatory legal officer
qualification course at Canadian Forces Military Law Centre, CFB
Kingston, see Access to Information Act, DND Acess to Information
and Privacy letter dated 12 June 2019, File A-2019-00289; she is
an Assistant Crown Attorney in Guelph, Ontario; member of
the law Society of Ontario since 2012;
Michel Melbourne, image source: facebook.com/BNIAlphaOrleans/photos/
a.607016959363006.1073741828.117213818343325/1842170882514268/?type=3,
accessed 23 June 2020
MELBOURNE, Michel (Joseph Michel Robert), Captain, regular force,
lawyer, member of the OJAG; he attended the 2019 mandatory legal
officer qualification course at Canadian Forces Military Law
Centre, CFB Kingston, see Access to Information Act, DND Acess to
Information and Privacy letter dated 12 June 2019, File
A-2019-00289; see also LinkedIn at https://ca.linkedin.com/in/michel-melbourne-40572a162
(accessed 19 June 2019);
___________on MELBOURNE, Michel, acts as defence counsel in the
court martial: Kanaar J.R. (Private), R. v., 2020 CM 5009
(CanLII), <http://canlii.ca/t/j94jp>;
guilty plea; accessed 15 August 2020;
Photo
with the article
MELNYK, Kelly, "The Resort to Force and International Humanitarian
Law in Contemporary Armed Conflicts: The Military Lawyers’
Perspective", Thompson Rivers University, Faculty of Law,
available at http://law.inside.tru.ca/2015/10/03/the-resort-to-force-and-international-humanitarian-law-in-contemporary-armed-conflicts-the-military-lawyers-perspective/
(accessed 16 November 2015);
Lieutenant-Commander Mike Madden and Major Patricia Beh of the Canadian Armed Forces, Judge Advocate General (JAG), will be speaking on the “The Resort to Force and International Humanitarian Law in Contemporary Armed Conflicts: The Military Lawyers’ Perspective” on Wednesday, October 14th, 2015 at 1:oopm in OM 3632.
Alain Ménard (à droite) avec
Francis
(Frank) Bergeron (court reporter), sourcede la photo: JAG
Newsletter/Les actualités,
vol. 1, 2003 at p. 16
MÉNARD, LCol A. (Alain), "The Role of the Military Judge: Meeting
the Challenges of Independence - National Military Law Section
Panel - Discipline Through Justice - Canadian Bar Association
Annual Conference - Saskatoon - August 2001", (Jun-Dec 2001) 2 JAG
Newsletter-Les actualités 49-54; note: "BGen Pitzul was the
invited speaker at the luncheon given by the Association des
avocats civilistes", November 1, 2001, Ottawa; note: bilingual
article (parts in French and English) / article bilingue (parties
en français et anglais);
source:
collectionscanada.gc.ca/webarchives/20060224042032/http://www.forces.gc.ca/cmj/photos2_e.asp?img=eggleton
"Judges Swearing in ceremony"; Lieutenant-Colonel Ménard is first
left, back row
Source
of image: cba.org/CBA/Judges_Forum/pdf/voxjune2003.pdf,
accessed 31 October 2015
"Military judges: Lieutenant Colonel Alain Ménard ((back),
and left to right, Commander Jim Price, Lieutenant Colonel
Mario Dutil, Colonel Kim Carter."
___________Notes on LCol Ménard:
Biography - Lieutenant-Colonel Alain Ménard
Lieutenant-Colonel Ménard was born in Joliette, Québec. He obtained his Bachelor of Arts degree from the University of Montréal and his Law degree at
Sherbrooke University in 1971. Admitted to the practice of law in 1972 he has been a member of the Québec Bar ever since.Lieutenant-Colonel Ménard practised law for 4 years in private practice before he enrolled in the CF in August 1976. After being commissioned he served
initially in Ottawa in the Claims section and in the Legislation, Regulations, Orders and Finance section.Promoted to the rank of major in 1980, he was appointed Deputy Judge Advocate, CFB Montréal (St-Hubert) until 1982 when he joined the Office of the
Senior Legal Adviser Europe in Lahr, FRG, until 1986.In July 1986 he was posted to the Defence and Training section in Ottawa until March 1987, at which date he was posted to the Legislation, Regulations,
Orders and Finance section.Promoted to the rank of Lieutenant-Colonel on the 1st of August 1988 he was appointed Director of Law/Pensions and Estate in Ottawa for a period of one year.
On 21 November 1989, he was appointed Military Trial Judge for a period of 4 years, which appointment was renewed until November 2, 2002.
(source: http://web.archive.org/web/20021022002424/http://www.forces.ca/cmj/biosMenard_e.asp, accessed on 10 May 2014)
-----
Biographie - Lieutenant-colonel Alain Ménard, CD
Le lieutenant-colonel Ménard est né à Joliette (Qc). Il a fait son cours classique au Séminaire de Joliette et son cours universitaire à Sherbrooke (Qc) où il
obtint une licence en droit en 1971. Il fut admis à la pratique du droit en 1972 et est membre en règle du Barreau du Québec depuis lors.Le lieutenant-colonel Ménard a pratiqué le droit pendant une période de 4 ans dans un bureau de pratique privée et s'est par la suite enrôlé dans les Forces
canadiennes en août 1976. Une fois son brevet d'officier obtenu, il travaille au cabinet du Juge-avocat général à Ottawa à la section des réclamations de
même qu'à celle des lois, règlements, ordonnances et finances.Promu major en 1980, il occupe le poste d'adjoint au juge-avocat à la BFC Montréal (St-Hubert) jusqu'en 1982 d'où il est muté au bureau du conseiller
juridique supérieur en Europe, à Lahr, en RFA jusqu'en 1986.En juillet 1986, il est affecté à Ottawa à la section de défense et formation jusqu'en mars 1987 alors qu'il est muté à la section de législation, règlements,
ordonnances et finances.Promu lieutenant-colonel le 1er août 1988, il occupe le poste de Directeur juridique, Pensions et successions à Ottawa pendant un an.
Le 21 novembre 1989, il fut nommé juge militaire pour une période de quatre ans, nomination qui devait être renouvelée jusqu'au 2 novembre 2002.
(source: http://web.archive.org/web/20021028061635/http://www.forces.ca/cmj/biosMenard_f.asp, site visité le 10 mai 2014).
[ Pour aller plus loin:
Source: image search with Google
Le juge Lawrence Poitras
Il y eut un 2e appel à la cour d'appel des cours martiales et le verdict de meurtre fut changé à celui d'homicide involontaire et la peine réduite, voir
Richard Hénault, "Homicide d'un jene canadien en Allemagne: Réduction de la peine du militaire Deneault", Le soleil, 2 février 1996, à la p. 5, disponible à http://collections.banq.qc.ca/ark:/52327/2734870, consulté le 13 juin 2019]
Voir la décision de la Cour d'appel des cours martiales à R. v. Denault, 1996 CanLII 12043 (CMAC), <http://canlii.ca/t/ggpqd>
The first appeal of Deneault to the Court martial appeal court is also reported at R. v. Walsh, 1993 CanLII 8749 (CMAC), <http://canlii.ca/t/ggppv>]
[20 February 2020] Captain Adam Menzies, one of our Legal
Advisors from AJAG Central, gave his full attention to UNIFIED
RESOLVE III, a simulation training exercise designed to test leaders’
planning and decision-making with government partners and allied forces.
Photo: Pte Kingerski
Source
de l'image: Google image et aussi image à la page web citée
immédiatement sous-dessousMERCIER, Noémi, "Jonathan Vance: ‘I’m not satisfied at all with where we are at’ Noémi Mercier in conversation with the Chief of the Defence Staff of the Canadian Armed Forces on sexual assault and harassment in the military", MacLean's, 1 February 2016; available at http://www.macleans.ca/news/canada/jonathan-vance-im-not-satisfied-at-all-with-where-we-are-at-right-now/ (accessed 5 February 2016);
____________ "La justice militaire canadienne n’est pas
indépendante» Dans une entrevue exclusive, le grand
responsable de la justice militaire du Royaume-Uni déplore le
manque d’indépendance et d’impartialité de l’appareil de justice
des Forces canadiennes", L'actualité, 18 janvier
2016; disponible à http://www.lactualite.com/societe/la-justice-militaire-canadienne-nest-pas-independante/
(vérifié 20 Janvier 2016);
___________ "La justice militaire sort gagnante en Cour suprême",
L'Actualité, 24 novembre 2015; disponible à http://www.lactualite.com/actualites/politique/la-justice-militaire-sort-gagnante-en-cour-supreme/
(visité 25 novembre 2015); aussi disponible à http://lactualite.com/politique/2015/11/24/la-justice-militaire-sort-gagnante-en-cour-supreme/
(vérifié le 1er mars 2018) et dans cette dernière référence à
noter les 7 commentaires qui suivent l'article dont ceux de
l'auteure, Jean Caron, Pierre-André Hamel et Jean-Guy Perron;
Ainsi, les Forces canadiennes conservent toute leur latitude pour juger non seulement les manquements disciplinaires de leurs membres
(comme l’insubordination ou l’absence sans permission), mais aussi leurs crimes, sans devoir consulter les autorités civiles. Et ce,
quelles que soient les circonstances. Que le soldat ait commis son infraction alors qu’il était en devoir ou non, que l’incident se soit
produit sur une base militaire ou en dehors, que la victime soit militaire ou civile, peu importe, tranche la Cour suprême: le procès
peut se dérouler dans une cour martiale, dans ce régime opaque où tous les acteurs, du juge au sténographe en passant par les
procureurs et les jurés, sont militaires.Tout le flou qui pouvait encore planer sur ce point vient de s’envoler. «On a perdu sur toute la ligne», admet le Capitaine de corvette
Mark Létourneau, l’un des avocats militaires qui ont plaidé cette cause devant la Cour suprême. Joint au téléphone à son bureau de
Gatineau, quelques heures après le dévoilement du jugement, il était sonné par l’ampleur de la défaite. «Les assises constitutionnelles
du système de justice militaire sont pas mal plus fortes aujourd’hui qu’hier.»
Source
de l'image: http://www.lactualite.com/societe/crimes-sexuels-le-cancer-qui-ronge-larmee-canadienne/,
visité le 28 novembre 2014MERCIER, Noémi et Alec Castonguay, "Crimes sexuels: le cancer qui
ronge l'armée", L'Actualité, 22 avril 2014;
former lawyer with the OJAG
MERREDEW, Russell, on, see Doran, Carol, "Criminal court judges
want better salary, benefits. Merredew says asociation will
recommend changes to province", The Ottawa Citizen, 20
June 1988, available at https://www.newspapers.com/image/
(accessed 15 May 2020);
Pembroke -- The newly-elected president of the Association of
Provincial Criminal Court Judges is calling for higher salaries and
improved benefits, to give its 150 members parity with district court
judges.
Renfrew County provincial court Judge Russell Merredew, 56, was
elected association president at the group's annual meeting at the end
of May.
....
Merredew began his career as a military lawyer at CFB Petawawa in
1956 and joined a civilian law firm in Pembrooke in 1960. He formed his
own law firm in 1969, and continued in private practice until named to
the provincial court bench in 1977.
Source: www.maitremarcomorin.com/fr/
(accessed 13 August 2016)Marco Morin, un avocat de Victoriaville et lieutenant-colonel à la retraite, a souvent plaidé en cour martiale, lui qui a exercé le droit dans les Forces pendant
une vingtaine d’années, dans les années 1990 et 2000. « Ce système de justice n’en est pas un, dit-il. La cour martiale est excellente pour rendre une justice
expéditive dans des cas d’infractions à caractère purement militaire. Mais dans des causes d’agressions sexuelles, elle n’a pas les mêmes outils que les tribunaux
civils pour apprécier la gravité de la situation et rendre des ordonnances appropriées. Pourquoi donner cette juridiction à la cour martiale? Les agressions sexuelles
sont des crimes contre la personne qui dépassent toujours l’intérêt des Forces canadiennes à maintenir la discipline interne. »
------
MERON, Theodor, "Civil Jurisdiction of Canadian Courts over
United States Military Personnel in Canada", (January 1957) 12(1)
The University of Toronto Law Journal 67-78;
Source: en.wikipedia.org/wiki/Charles_Merritt,
accessed 3 June 2019
Charles Merritt, photo
from The Times
MERRITT, Charles Ceci Ingersoll (C.C.I.),
1908-2000, on, "Nonchalant Lawyer-Soldier is First Canadian to
Gain Highest Empire Decoration. Lieut.-Col. C.C.I. Merritt,
of Vancouver and Belleville, Awarded Victoria Cross for Heroism in
Face of German Fire", Hamilton Spectator, 1942/10/02,
available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5026214
(accessed 3 June 2019); was also a member of Parliament; not a
member of the OJAG;
MERRITT, William Hamilton, 1855-1918, The old militia law of Canada: the new militia laws of
Australia and New Zealand and Lord Kirchener's report / by
Lieut.-Col. Wm. Hamilton Merritt, [S.l. : s.n., 1910?],
pp. [19]-58 ; 22 cm., Notes: "Read before the Canadian
Military Institute at Toronto, on Monday evening, 21st November,
1910" and "Donation of Sylvia and Bernard Ostry, 1985"
(source: University of Ottawa catalogue); copy at University of
Ottawa, Archives Ostry -- MRT Concourse, KE 6800 .M48 1910;
available at https://archive.org/details/oldmilitialawofc00merr,
accessed 12 May 2015; also available at https://archive.org/details/cihm_80696
(accessed 9 March 2019);
"Message from the Chair" (June/Juin 2001) Sword & Scale -- Salut militaire
2; available at http://web.archive.org/web/20050125074204/http://dev.cba.org/CBA/Sections/military/sword2001-06.pdf
(accessed on 18 April 2012);
FRANÇAIS:
"Précis : Message du président" (June/Juin 2001) Sword & Scale -- Salut militaire
2; disponible à http://web.archive.org/web/20050125074204/http://dev.cba.org/CBA/Sections/military/sword2001-06.pdf
(site visité le 18 avril 2012
MERTZ, Emily and Amy Wilson, "Military Traditions and Laws as
Exercised in the Framework Created by Canadian Social
Legislation", submitted to the Canadian Forces Leadership
Institute, August 14, 2002, 57 p.;
Notice Description
Task-Based Informatics Professional Services (TBIPS) Requirement
This requirment is for: Department of National Defence
....
Description of the requirement:
The Judge Advocate General Comprehensive Information Management Project (JAG CIMP) within the Department of National Defence is providing a JAGNet portal for Legal Knowledge Management (LKM). LKM will give JAG users access to legal information stored within the records of the Office of the JAG, the corporate knowledge of its legal officers and the numerous legal information sources available throughout Canada and the world. Such access is made possible through application integration, collaboration and portal creation features provided by Microsoft Office SharePoint Server.
Samy Mesli, source de la photo:
fqppu.org/wp-content/uploads/2019/10/AUT19_Bulletin_AN_final.pdf
MESLI, Samy, " 'Free us from our Liberators' : l’armée
canadienne et lalibération des Pays-Bas
(1944-1946)", (2013) 21 (3) Bulletin d'histoire politique
17–33; disponible à erudit.org/en/journals/bhp/2013-v21-n3-bhp0554/1015321ar/
(consulté le 19 décembre 2020); enseigne à l'UQAM, mesli.samy@uqam.ca;
enseigne aussi à l'UdeM, samy.mesli@umontreal.ca;
Source
de l'image:
http://www.1837.qc.ca/1837.pl?out=article&pno=1071, consulté
le 28 décembre 2018
MESSIER, Alain, 1949-, Dictionnaire encyclopédique et
historique des patriotes 1837-1838, Montréal: Guérin,
2002, xciii, 497 p. : cartes, fac-sim. ; 24 cm, NOTES:
Comprend des réf. bibliogr.: p. 487-492, ISBN: 2760163458;
source
photo: journalacces.ca/sur-les-traces-dun-detective/, consulté le
28 décembre 2018
Alain Messier photographié avec un
de ses livres
___________ " 'Procès du siècle' d'hier et d'aujourd'hui", (16 juin 2011) 11(8) Journal des citoyens 20 et 27, disponible à http://numerique.banq.qc.ca/patrimoine/details/52327/3209020?docref=LDzg1WDzaelgNabEArDClg&docsearchtext=cour%20martiale (consulté le 28 décembre 2018); cours martiales 1838;
MESTRAL, Armand de, 1941-, "L'obligation constitutionnelle de
respecter les conventions de Genève : quelques réflexions sur la
place du droit humanitaire en droit canadien" dans Mélanges Gérald-A. Beaudoin,
Cowansville
(Québec): Les Éditions Yvon Blais, 2002, pp. 155-162;
Troy Metz, image source http://ca.linkedin.com/pub/troy-metz/14/432/235,
accessed on 25 Jun 2014
METZ, Troy Kenneth, 1970-, The
training of the Canadian military and the Somalia affair,
University of Saskatchewan thesis, 1997, iv, 116 leaves; available
at http://www.collectionscanada.gc.ca/obj/s4/f2/dsk2/tape15/PQDD_0005/MQ30520.pdf
(accessed on 11 April 2014); also available at http://www.nlc-bnc.ca/obj/s4/f2/dsk2/tape15/PQDD_0005/MQ30520.pdf
(accessed 11 August 2019);
-------------
Kurt
Meyer
Book Image source: https://www.google.com/imgres?....
Image source: ww2gravestone.
com/people/meyer-kurt-adolph-
wilhelm-panzermeyer/,
accessed 16 September 2018
MEYER, Kurt, Grenadiers:
The Story of Waffen SS General Kurt Panzer Meyer,
Stackpole Books, 1957, 437 p. available in part at https://books.google.ca/books?id=zwsFdhk9mj8C&pg=PA107&source=gbs_selected_pages&cad=2#v=onepage&q&f=false
(accessed 27 September 2018);
___________on MEYER, Kurt, see "CASE NO. 22 THE ABBAYE ARDENNE CASE TRIAL OF S.S. BRIGADEFUHRER
KURT
MEYER
CANADIAN
MILITARY
COURT,
AURICH,
GERMANY
10TH-28TH
DECEMBER,
1945",
available at http://www.worldcourts.com/imt/eng/decisions/1945.12.28_Canada_v_Meyer.pdf
(accessed 13 October 2020);
___________on MEYER, Kurt, see Forcese, Craig,
"Prosecuting Kurt Meyer: The Abbaye d’Ardenne War Crimes Trial"
(January 14, 2020). Available at SSRN: https://ssrn.com/abstract=3519427
or http://dx.doi.org/10.2139/ssrn.3519427;
___________on Meyer, Kurt, see GORDON, Donald R., "He
Wants to Be a Soldier Again: Kurt Meyer Now Has Support of
Half-Million Germans", The Globe and Mail, 30 June 1960;
___________on Meyer,
Kurt, see HOW, Douglas, "Almost Free This Year, SS Says", The
Globe and Mail, 30 November 1951, at p. 1:
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
Source: ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview, accessed 26 October 2018
____________on MEYER, Kurt, see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa
: Office of the Judge Advocate General, c2002, at pages 63-66,
available at i-xii
and 1-102;
___________transcript of the Canadian trial of Kurt Meyer,
available at https://search.archives.un.org/unwcc-canadian-trials-trial-of-s-s-brigadefuhrer-kurt-meyer-transcripts-of-proceedings-and-report-of-trial-exhibits-bound-volume
(accessed 25 October 2018);
Law of War
Was NATO’s military intervention in Libya legal? What about Afghanistan? Or the imprisonment of America’s detainees
in Guantánamo Bay, Cuba? What is the legal status of killing by drones? What happens to people who commit war crimes?
What are the remedies for an illegal war? This seminar examines the international law governing war, including both
questions of when war is legal (so-called ‘jus ad bellum’) and how even legal wars must be conducted (so-called ‘jus in bello’
or the laws and customs of war) and the relationship between the two types of law. It also examines the various judicial institutions
that have jurisdiction over these issues, from the World Court, to the ad hoc tribunals (Yugoslavia, Rwanda, Sierra Leone), to
national courts exercising ‘universal jurisdiction’ (Belgium, Canada), to the new International Criminal Court.Case studies on the armed conflicts over Kosovo, in Afghanistan, Iraq and Libya, and between Israel and the Palestinians, provide
the settings for concrete legal analysis and also for critical evaluation of the role of law in war.
Ikechi
Mgbeoji, image source: http://www.osgoode.yorku.ca/faculty-and-staff/mgbeoji-ikechi/,
accessed 26 December 2014
MICHAUD, Kathy, Sarah Powers and Chantale Lussier-Ley, Survey on the summary trial process,
[Ottawa, Ont.] : Director General Military Personnel Research
& Analysis, 2009, xviii, 184 p.; xviii, 184 p. (series; DGMPRA
technical note; 2009-22),
Image
source: http://www.dal.ca/dept/cfps/fellows/middlemiss.html,
accessed 28 November 2014MIDDLEMISS, Dan, "Political Science 3571R/5571R -- The Politics of Contemporary Canadian Defence Policy", Course outline 2010-2011, 98 p.; extensive bibliography; available at http://politicalscience.dal.ca/Files/syllabi_docs/Fall_10.11/3571-_Fall.pdf (accessed on 2 March 2012);
MIDDLEMIS, Dan D., P. Haydon, ‘Uncivil relations?
Military-media relations in Canada. Paper presented to the
Security and Defence Forum’ (Ottawa, 29 april 1998)title noted in
my research but article not consulted yet (25 August 2019);.
MIGNEAULT, Jenny, "Un ancien 22 au front… (de bœuf)",
45E NORD.CA", 31 octobre 2017;
disponible à http://www.45enord.ca/2017/10/un-ancien-22-au-front-de-boeuf/
(vérifié le 6 avril 2019);voir la décision de la Cour d'appel du
Québec à Dufour c. Agence du revenu du Québec, 2017 QCCA 1409
(CanLII), <http://canlii.ca/t/hnqqz> (consulté le 30 juillet
2018);
Image
source: https://twitter.com/cbcterry, accessed 18 August 2016Pity the military bureaucrat, buried in acronyms. Even the most intrepid clerk may remember his ROE and STD but forget to check
his TSS/TEA with a LEGAD from the OJAG. It can happen to anyone.
....
For that, you'll need a LEGAD from the OJAG. You guessed it: a legal adviser from the Office of the Judge Advocate General.
....
'The doubt rule'
One of the few paragraphs not riddled with acronyms puts the pilots on notice: if you're not sure whether it's a civilian target or a military one, don't drop the bomb.
A section of the FRAG O guidelines describes the 'doubt rule,' instructing pilots not to bomb when unsure whether it's a civilian target or a military one. (Department of National Defence)
.....
But the document wants to know: Is this bombing militarily necessary? Is the damage proportional to the benefits? Has the target been approved by the coalition? By the
intelligence officer? By the legal adviser? By the Targeting Engagement Authority?
Defence Department guidelines show questions to be answered and approvals obtained for every target during Operation Impact. Canada's CF-18 pilots flew 1,378
sorties over Iraq and Syria between Oct. 30, 2014, and Feb. 15, 2016. (Department of National Defence)
