Canadian Military Law -- Part II
Bibliography S to Z /
Droit militaire canadien
-- Partie II
Bibliographie S à Z
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 SReport
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 Act
- Current
Affairs -- Sexual Misconduct
- Court
Martial Comprehensive Review 2016-2017
- Laws,
Regulations and Orders
- Superseded
Legislation
-------
Starting here:
Bibliography S to
Z /
Bibliographie S à Z
-------
http://www.cba.org/Sections/Military-Law/Articles
Couverture du livre/Book
cover
Video, interview avec Omar Sabry, ici.radio-canada.ca/nouvelles/politique/2016/06/15/001-police-militaire-forces-armees-canadiennes-lettre-anonyme-detenus-afghans.shtml,
visité 17 juin 2016
SABRY, Omar, Torture of Afghan Detainees: Canada Alledged
Complicity and the Need fo a Public Inquiry, published by
CCPA (Canadian Centre for Policy Alternatives) and Rideau
Institute, September 2015, 95 p.; available at http://www.rideauinstitute.ca/wp-content/uploads/2015/09/Afghan-Detainees-002.pdf
(accessed 24 September 2015);
SADLER, Andrew T.G., 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; he is a Crown Attorney,
Thunder Bay, for the Ontario Ministry of the Attorney
General; see also https://ca.linkedin.com/in/andrew-sadler-7a65a81b
(accessed 19 June 2019); Canadian
Forces - Cadet Instructors Cadre (CIC) April
1999 - ?;
SAEZ, Anthony, Executive Director and Chief Pensions Advocate,
Bureau of Pension Advocates, Department of Veterans Affairs,
testimony before the House of Commons Standing Committee on
Veterans:
- 16 June 2016, Evidence, available at http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=8377546&File=0 (accessed 17 September 2016);
- 22 October 2016, Evidence,
available at http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=5773149&File=0
(accessed 17 September 2016);
Image
source: lawandstyle.ca/career/precedent-setter-awards-2015-paul-saguil/,
accessed 28 June 2017
Paul Saguil
SAGUIL, Paul, ."LGBTQ rights in the Canadian Military, conflict
zones, and in refugee claims", title noted at http://www.cba.org/Sections/Military-Law/Articles
(accessed 29 August 2016);
SAIDERMAN, Stephen M., Adapting in the Dust: Lessons Learned
from Canada's War in Afghanistan, University of Toronto
Press, 2016, 184 p., ISBN 9781442614734 (paper) and 9781442646957
(cloth);
[Description]
Building on interviews with military officers, civilian officials, and politicians, Saideman shows how key actors in Canada’s political system, including the prime minister,
the political parties, and parliament, responded to the demands of a costly and controversial mission. Some adapted well; others adapted poorly or – worse yet – in ways that
protected careers but harmed the mission itself.Adapting in the Dust is a vital evaluation of how well Canada’s institutions, parties, and policy makers responded to the need to oversee and sustain a military intervention overseas,
and an important guide to what will have to change in order to do better next time. [source: http://www.utppublishing.com/Adapting-in-the-Dust-Lessons-Learned-from-Canada-s-War-in-Afghanistan.html,
accessed 17 January 2016]
-------------------------------
[Contents]
Chapter 1: Introduction
Chapter 2: Alone in Kandahar? Canada in Comparative Perspective
Chapter 3: Considering the Kandahar Conundrum
Chapter 4: The Power of Minority Government: Manipulating the Confused and Those Who Cannot Coalesce
Chapter 5: The Problematic Parliament: Detainees, Information Asymmetries, and a Misplaced Focus
Chapter 6: Whole of Government or Holes in Government?
Chapter 7: The Canadian Forces: Winners?
Chapter 8: Where Are the Canadians? The Public and the Media
Chapter 9: Learning Lessons and Drawing Conclusions
[source: http://www.utppublishing.com/Adapting-in-the-Dust-Lessons-Learned-from-Canada-s-War-in-Afghanistan.html, accessed 17 January 2016]
Image source: https://en.wikipedia.org/wiki/Stephen_M._Saideman,
accessed 16 January 2016;
Stephen Saiderman
___________"The Canadian Forces have a dangerous habit of denial",
The Globe and Mail, 15 January 2013, available at http://www.theglobeandmail.com/globe-debate/the-canadian-forces-have-a-dangerous-habit-of-denial/article7353925/
(accessed 5 June 2015);
___________Note on the research being done by Mr. Stephen Saiderman, Carleton Newsroom, 14 September 2015, available at http://newsroom.carleton.ca/2015/09/14/carleton-research-on-refugees-the-military-residential-schools-gets-boost/ (accessed 16 January 2016);
Stephen Saideman, associate professor and Paterson Chair in International Affairs, received more than $250,000 from the SSHRC Insight Program.
Saideman will research the role of legislatures in the democratic control of militaries around the world and investigate how access to classified
information affects the quality of oversight.
___________Web Site of Mr. Stephen Saiderman at http://stevesaideman.com/ (accessed 17 January 2016);
___________"When is an Organization's Culture broken?", Global Military Justice
Reform web site, blog, 1 June 2014, available at http://saideman.blogspot.ca/2014/06/when-is-organizations-culture-broken.html
(accessed on 16
January 2016);
Last week, the Canadian Chief of Defence Staff Tom Lawson insisted that the sexual assaults by and against members of the Canadian Forces are not part of the CF's culture.
This raises many questions. Perhaps the military is just reflective of the society at large, but the statement seemed to ring hollow in part because the military did not have
a good grasp of the problem itself. One might think that having a Colonel/base commander who engaged in multiple assaults and murder might have been a wakeup
call. It is always easy to suggest that the crimes of one person are just that.
However, when the most senior legal official within the Canadian Forces does not seem to follow the rules, not sending reports to the Minister of Defence, then
perhaps the culture is broken. Major General Blaise Cathcart, the Judge Advocate General, apparently has not been meeting the requirements to file reports to
the defence minister for three years running. Given that most senior officers only serve in a particular job for about three years max, this means that the JAG
has been shirking a key part of his job for most, if not all, of his time in office. And this is the guy whose job it is at the top of the military justice system! If anyone
should be following the rules, it is this guy. And if this guy is not following the rules, think about what this means for the culture.
What is a culture? A system of shared understandings of what is appropriate behavior, of conventions, values, and such. Well, having the JAG violate the rules,
especially rules for reporting to the civilians--the Defence Minister and ultimately Parliament and the public--then that speaks quite loudly. And it is not just this
guy being an exception. Two colonels--one heading military prosecutions and the other heading defence council services--also are not filing their annual reports.
Not since 2010! I guess it is ok since the violations are on both sides--prosecution and defence?
The JAG's excuse:
"So with the resources and the priorities that I have at my disposal, I made those decisions and I made them knowing full well the gravity of those decisions," he said.
In other words, too busy to follow the rules. I wonder if he would ever accept that excuse from a private, a non-commissioned officer, or a junior officer.
"Sir, I didn't do what you ordered me to do because I had a bunch of stuff to do, and I felt your orders to me were not as important."
"The most senior legal official in the military is now flagrantly in breach of the National Defence Act, that’s very troubling. I'm stunned.”Indeed, but I am sure there is nothing wrong with the CF's culture. I mean, it is just a few senior officers for several years running....
My next project is on the role of legislatures in monitoring militaries. It turns out that we will need to focus on this part of the process--do the senior military
officers file the reports that are required of them? Seemed like a non-issue, but I guess not.
SAIDERMAN, Stephen M. (from Carleton University), David P.
Auerswald (from the National War College, Washington), NATO in
Afghanistan: Fighting Together, Fighting Alone, Princeton University Press, 2014
(hardcover), 280 p., ISBN: 9780691170879, 2016 (paperback edition), ISBN: 9780691159386; eBook: ISBN: 9781400848676;
In 1993, Canada was a participant in the United Nations mission in Somalia,
and the Canadian Airborne Regiment found itself dealing with Somalis trying
to steal supplies. On March 16, members of the regiment captured Shidane Abu-
kar Arone and beat him to death. Once the news got out, it became a significant
controversy back in Canada. Not only were a group of soldiers court martialed,
but consecutive chiefs of defense staff (John de Chastelain and Jean Boyle) were
compelled to resign. The Airborne Regiment was disbanded. The official inquiry
into the incident came to very blunt conclusions. According to the official inquiry
report, “Somalia represents the nadir of the fortunes of the Canadian Forces. There
seems to be little room to slide lower.”22 This incident is tied to a “decade of
darkness” during which the Canadian Forces absorbed severe budget cuts and a
sharp decline in morale and public confidence. 23 It also meant that years later the
Canadian media, politicians, and military paid a great deal of attention to how
detainees were treated by the Canadians and the Afghan authorities in Kandahar.
This reaction is quite distinct from the American response to the revelations
[p. 10, available at http://press.princeton.edu/chapters/s10149.pdf, accessed 17 January 2016]
--------
Table of Contents:List of Illustrations ix
Abbreviations xi
Acknowledgments xiii
Chapter 1 NATO at War: In Afghanistan and at Home? 1
Chapter 2 NATO and the Primacy of National Decisions in Multilateral Interventions 31
Chapter 3 Explaining National Behavior in Multilateral Interventions 63
Chapter 4 Presidents in Charge: The United States, France, and Poland 85
Chapter 5 Single-Party Parliamentary Governments: The British and Canadians 115
Chapter 6 Coalition Governments in Combat 141
Chapter 7 Does Membership Matter? Examining the Outsiders: Australia and New Zealand 177
Chapter 8 Extending the Argument: Libya and Operation United Protector 195
Chapter 9 Implications for Policy and Theory 217
References 237
Index 251 [available at: http://press.princeton.edu/titles/10149.html, accessed 16 January 2016]
SAIDERMAN, Stephen M. (from Carleton University), David P.
Auerswald (from National War College, Washington), Philippe
Lagassé, "The Varying Roles Played by Legislatures in
Civil-Military Relations: Global Comparisons", paper prepared for
presentation at the ISA-FLACOS meeting in Buenos Aires, Argenrina,
23-25 July 2014, 12 p.; available at http://web.isanet.org/Web/Conferences/FLACSO-ISA%20BuenosAires%202014/Archive/04a98cfb-ce7e-4a43-a058-f9474a100e1a.pdf
(accessed on 9 October 2014);
Source
de l'image: journaldemontreal.com/auteur/nicolas-saillant,
vérifié, le 10 mai 2017
Nicolas Saillant, journaliste
__________ "Les militaires s'en tirent bien en Cour martiale: 14
militaires ont été accusés pour un crime sexuel et un seul a fait
de la prison", Actualités faits divers,
http://www.journaldemontreal.com, Journal de Montréal, 3
mai 2015, mise à jour 4 mai 2015; disponible à http://www.journaldemontreal.com/2015/05/03/les-militaires-sen-tirent-bien-en-cour-martiale
(vérifié le 9 mai 2015);
Marc-André Ferron, le procureur
de la poursuite
___________"Un militaire coupable de s’en être pris... à cette
mascotte. Il a mimé un acte sexuel lors de la Coupe Memorial
2015", Actualités faits divers, 10 novembre 2016;
disponible à http://www.journaldemontreal.com/2016/11/10/militaire-coupable-de-sen-etre-pris-a-une-mascotte
(vérifié le 10 mai 2017);
SAINDON,
Michel, Office of the Chief Military Judge, Deputy Court Martial
Administrator (information as of 4 September 2018);
michel.saindon@forces.gc.ca;
__________ "Court Reporter: This Could Be You!", The Guard,
3 June 2019, available at Court
Reporter: This Could Be You!, accessed 7 March 2020;
___________ "Ministerial Direction to the Department of National
Defence and the Canadian Armed Forces: Avoiding Complicity in
Mistreatment by Foreign Entities", 24 November 2017; available
at https://www.canada.ca/en/department-national-defence/corporate/ministerial-directions/avoiding-complicity.html
(accessed 10 March 2018);
____________'Statement from Minister Sajjan on the 2018 Spring
Reports of the Auditor General of Canada", 29 May 2018, available
at http://nationtalk.ca/story/statement-from-minister-sajjan-on-the-2018-spring-reports-of-the-auditor-general-of-canada
(accessed 30 May 2018);
___________Testimony of SAJJAN, Harjit Singh, Minister of
National Defence, before the House of Commons on Bill
C-77, An Act to amend the National Defence Act and to make
related and consequential amendments to other Acts, Tuesday,
October 23, 2018 (42nd Parl., 1st Sess.), see http://www.ourcommons.ca/Committees/en/NDDN/StudyActivity?studyActivityId=10298424
and http://parlvu.parl.gc.ca/XRender/en/PowerBrowser/PowerBrowserV2/20181023/-1/30279?Language=English&Stream=Video&useragent=Mozilla/5.0%20(Windows%20NT%206.1;%20Win64;%20x64;%20rv:62.0)%20Gecko/20100101%20Firefox/62.0
(accessed 24 October 2018);
___________Testimony of SAJJAN, Harjit Singh, Minister of National Defence, before the Senate Standing Committee on National Security and Defence, on Bill C-77, An Act to amend the National Defence Act and to make related and consequential amendments to other Acts, 27 May 2019, available at https://senvucloud.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2/20190527/-1/9143 (accessed 29 May 2019);
SALISBURY, Col. David, "Asymmetric Warfare and the Geneva
Conventions: Do we need a new Law of Armed Conflict in the
Age of Terrorism?", NSSC 4 (National Securities Studies Course 4),
Canadian Forces College, 28 p.; available at http://www.cfc.forces.gc.ca/259/281/274/salisbury.pdf
(accessed on 17 June 2012);
SALOMÉ, Jacqueline, "Children Accountability and Justice:
Advancing Restorative Justice for Child Soldiers and Child
Pirates", (2016) 1(1) Allons-y 33-51 available at http://www.childsoldiers.org/wp-content/uploads/2016/08/Allons-y-August2016-web.pdf
(accessed 21 May 2017);
SALOPEK & ASSOCIATES, "Market Analysis for Competitiveness of
Salaries at the LP-1, LP-2, and LP-3Levels", 16 June 2017, 32 p.;
available at https://ajc-ajj.net/Salopek_Report_signed_(Jill_Sullivan)_June_16,_2017.pdf
(accessed 25 April 2018);
James Salt, photo source:
ca.linkedin.com/in/james-salt-13547178,
accessed 3 September 2019
SALT, James, LCdr, "The Whole-of-Government Approach to Maritime
Information Sharing -- Reality or Fiction?", Canadian Forces
College, JCSP 34, Exercice New Horizons, 27 p.; available at https://www.cfc.forces.gc.ca/259/290/294/287/salt.pdf
(accessed 4 July 2018);
Image
source:
http://publications.gc.ca/collections/Collection/D3-13-2000E.pdf,
accessed 13 January 2016
Brigadier-General Pat Samson on the right
SAMSON, Colonel Patricia (Pat), Canadian Forces Provost Marshal, 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 28 October 1998, Issue 38, see minutes and evidence;
"Majors Smith and Samson delivered the training to prepare legal officers
for the changes to the military justice system that will come into force in
September [2018]. The changes improve the military justice system's
flexibility, efficiency and legitimacy." Office of the JAG @JAGCAF
From left to right: Mark Knox, Andy Melvin, Judge
Halfpenny-MacQuarrie, Lt(N) Christa MacKinnon
and Maj J. Jason Samson
Image source: http://www.cba.org/CBA/sections_military/newsletters2013/impairment.aspx,
accessed 25 November 2014
SAMSON, J. Jason, "AJAG Ottawa: JAG's Latest Addition", (2003) 1
JAG Newsletter -- Les actualités 88-89;
FRANÇAIS :
SAMSON, J. Jason, "AJAG Ottawa: La plus récente addition au
JAG", (2003) 1 JAG Newsletter -- Les actualités 89-90;
___________"Annual Report : National Military Law Section", 1
August 2016, available at http://www.cba.org/Sections/Military-Law/Resources/Resources/2016/Annual-Report
(accessed 17 October 2016);
___________"Cadets learn more about careers in military law", 1
June 2015, available at https://250vimyaircadets.wordpress.com/category/good-news-stories/
(accessed 11 October 2018);
This year, the Canadian Bar Association Nova Scotia and National Military Law Section, along with the
Office of the Judge Advocate General and the Naval Provost Marshal celebrated Law Day, hosted an
event for the 250 Vimy Royal Canadian Air Cadets. The evening consisted of presentations by military
police and military lawyers regarding their careers and military law generally. The lawyers also
conducted a mock summary trial where cadets had an opportunity to participate in the conduct of a
military tribunal.
__________Changing Tactics :
Rehabilitating Canadian Justice for Traumatized Veterans,
LL.M. thesis, Dalhousie University, 2012, xi, 201 leaves,
available at http://www.scribd.com/doc/111417623/CHANGING-TACTICS-REHABILITATING-CANADIAN-JUSTICE-FOR-TRAUMATIZED-VETERANS
(accessed on 24 November 2012);
___________"Message from the Chair, Canadian Bar Association’s
National Military Law Section (NMLS), 15 January 2016; available
at https://www.cba.org/Member-Login?ReturnUrl=%2fSections%2fMilitary-Law%2fArticles%2f2015%2fMessage-from-the-Chair-(1)
(accessed 17 October 2016);
Image
source: www.flickr.com/photos/geoffregan/8430158733/in/photostream/,
accessed 18 August 2016 (Photographer: Giacomo Bruno)
From the left: Geoff Regan, M.P. (Halifax West) and Major J.
Jason Samson
__________"2015 Report to Council : National Military Law Section", Canadian Bar Association, 14 October 2015, available at http://www.cba.org/CBAMediaLibrary/cba_na/SecurePDF/VolunteerPortal/CouncilReports/2015/2015_Military_ReportCouncil.pdf (accessed 31 December 2015);
SAMSON, M.A.C., Major, legal officer, member of the OJAG;
SAMSON, P.M., Military police
status and discretion: a presentation to the AFC,
[Ottawa: Dept. of National Defence], 1995,
1 v. (various pagings); notes: "ID
number: MJ074";
SANCHEZ, Raf, "I stood in the shoes of Marine A Marine A,
convicted of murdering a Taliban fighter, will this week learn his
fate. Raf Sanchez speaks to a soldier [former Captain Semrau] who
can sympathise", The Telegraph, 1 December 2013;
available at https://www.telegraph.co.uk/news/worldnews/northamerica/usa/10485990/I-stood-in-the-shoes-of-Marine-A.html
(accessed 20 March 2019);
SANDELL, Harold, former JAG officer now (in 2017) works at CF Health Servs. Legal Advisory, CF
Health Care, see http://www.canadianlawlist.com/listingdetail/contact/harold-sandell-535411/
(accessed 17 October 2017);
Harold Sandell
__________photo of Harold Sandell, detail, from photo of the 1981
JAG Conference put on flick by Jim Rycroft at https://www.flickr.com/photos/xjag/4528355114/in/album-72157623951146254/
(accessed 27 September 2020); the same photo of the 1981 JAG
conference, in colour, can also be found in McDONALD, R.
Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at p. 124,
available at 103-242;
SANDERS, Richard, "Canada’s Military Industrial Complex", Global
Research, April 21, 2011, available at http://www.globalresearch.ca/canada-s-military-industrial-complex/24447?print=1
(accessed 19 September 2016);
"Sandra Perron Molestée", You Tube, published 29 August
2017, available at https://www.youtube.com/watch?v=MLK3oDYurmM
(accessed 22 May 2017); on the treatment of Sandra¨Perron,
interested readers may wish to read "The Mercier Inquiry",
BG-07.007, 17 January 1997, available at web.archive.org/web/19980204043457/http://www.dnd.ca:80/eng/ne/archive/jan97/BG-97007EN.HTM
(accessed 16 April 2018);
SANOU, Drissa, "Justice militaire : Drissa Sanou préconise une
réforme structurelle", disponible à http://burkinademain.com/2016/05/26/justice-militaire-drissa-sanou-preconise-une-reforme-structurelle/
(visité le 13 décembre 2016); sur la justice militaire du Burkina
mais discute de la justice militaire canadienne;
Autres pays, autres mœurs. Ainsi, dans une entrevue exclusive datée de Janvier 2016, le juge-avocat général des Forces armées britanniques de la justice
martiale du Royaume-Uni, Jeffrey Blackett, a déploré le manque d’indépendance et d’impartialité de l’appareil de justice des Forces armées canadiennes
et appelé le Canada à le moderniser. De son avis, tant que les juges seront des officiers militaires, tous les garde-fous qui seront mis en place seront
insuffisants pour rendre le système réellement indépendant et impartial.
Il a déploré le fait que la Cour suprême du Canada confirme la validité de ce système sur toute la ligne, ce qui augure que l’armée pourra continuer à
juger (et camoufler) elle-même les actes criminels de ses soldats, peu importe que l’acte soit survenu dans une caserne ou un bar du centre-ville, en mission
à l’étranger ou en sol canadien, que la victime soit militaire ou civile. Il s’agit là de l’avis d’un connaisseur. Ainsi, la justice militaire a été et continue d’être
décriée à travers le monde. Mais le souci du respect des principes de droit par la justice militaire a progressivement amené les décideurs politiques soucieux
de la construction d’un Etat de droit à procéder à des réformes de la juridiction militaire dans leurs pays repectifs. C’est vers cette excellence que nos
démarches doivent tendre.
SANTICOLA, Ryan, Hila Wesa, "Extra-territorial use of force,
civilian casualties, and the duty to investigate (Spring 2018)
49(3) Columbia human rights law review 183-266, and
see Canada at pp. 222-223; available at http://hrlr.law.columbia.edu/files/2018/09/RyanSanticolaHilaWesaExtr-1.pdf
(accessed 18 June 2019);
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
Note: footnote 171 reads "Ibid."
SASSOLI, Marco and Marie-Louise Tougas, "International Law
Issues Raised by the Transfer of Detainees by Canadian Forces in
Afghanistan", (June 2011) 56(4) McGill
Law Journal 959-1010; available at http://lawjournal.mcgill.ca/userfiles/other/5309233-Sassoli.pdf
(accessed on 25 June 2014);
SAUNDERS, Valerie (E.V./Val), "Delegatus and Carltona are
obsolete: the ‘modern principle’ is the only tool necessary to
determine issues of delegation", LL.M. 2014-2016 Advanced
Legislative Studies (ALS), Institute of Advanced Legal Studies,
School of Advanced Studies University of London, viii, 46 p.;
available at http://sas-space.sas.ac.uk/6749/1/Final%20Dissertation%20LLM%20ALS%20DL_%201442511_Valerie%20Saunders.pdf
(accessed 19 August 2018);
____________"Integrated Tactical Effects Experiment (ITEE)--
Testing the Idea of the Standing Contingency Force (SCF)/
Expérience sur les effets tactiques intégrés (EETI): Tester l'idée
de la Force de contingence permanente (FCP)", (2007) 1 JAG Les
actualités -- Newsletter 32-33; article in French &
English/article en français et en anglais;
___________lawyer, member of the Nova Scotia Bar (2002), member
of the OJAG; employed at the Directorate Law of
Administrative Law, NDHQ, Ottawa; married to Colonel Peter
Saunders, Director of Operational Implementation, Maritime
Helicopter Project and ex commanding officer of 406 Lynx Squadron
(information as 2018);
___________"So you want to advise a Board of Inquiry...?" (May/Mail 2009) Sword & Scale -- Salut militaire;
available at http://www.cba.org/CBA/newsletters-sections/2009/PrintHTML.aspx?DocId=37322#top
and http://www.cba.org/CBA/newsletters-sections/2009/PrintHTML.aspx?DocId=37322#article10
and http://www.cba.org/CBA/newsletters-sections/pdf/05-09-military-f_3.pdf
(accessed
on
29 April 2012);
FRANÇAIS:
___________"Alors, vous voudriez conseiller une commission
d'enquête..." (May/Mai
2009) Sword & Scale -- Salut militaire;
disponible à http://www.cba.org/abc/nouvelles-sections/2009/2009-05_military.aspx
et http://www.cba.org/abc/nouvelles-sections/2009/2009-05_military.aspx#article7
(site visité le 29 avril 2012);
SAUVÉ, Conrad, "Signed agreement w/ Judge Advocate General Blaise
Cathcart to train school teachers on International Humanitarian
Law", 24 April 2014, see https://twitter.com/conradsauve/status/459403631100301312
(accessed 14 December 2016); Conrad Sauvé, President and CEO, Red
Cross Canada;
SAVOIE, Ray, of Quebec City, Assistant Judge Advocate, see
"Brussels Meet Draws Canadians", Edmonton Journal,
Tuesday, 12 May 1959, p. 41, at
https://www.newspapers.com/image/...., accessed 14 June 2020;
SAWECZKO, Karen Dawn, "Course Syllabus -- International
Humanitarian Law", LAWS 2205 IHL - Fall 2015, Dalhousie
University, 6 p., available at https://www.dal.ca/content/dam/dalhousie/pdf/law/Academic%20Information%20Syllabi%20Moots%20Regulations/Syllabi/LAWS%202205%20IHL%20-%20Fall%202015%20Syllabus.pdf
(accessed 20 December 2015); Karen Saweczko is a JAG officer;
___________on SAWECZKO, Karen Dawn, she is on 9 October 2019, a Commander, Deputy Assistant Judge Advocate General Atlantic Region, see http://lsnl.ca/wp-content/uploads/2019/10/E-Recruiting-Program.pdf (accessed 11 October 2019);
SCANDIFFIO, Mike, "Tory MP claims dismissal from Nova Scotia
Crown prosecutor's office unconstitutional", The Hill Times, Apr 13,
1998, Issue 433;
Description: Rookie Tory MP Peter MacKay, who has launched a wrongful dismissal lawsuit against the Nova Scotia provincial Prosecution Service for firing him
last March when he announced he would run in the last election, is claiming it was unconstitutional. Mr. MacKay pointed to other MPs such as NDP Nova Scotia MP
Peter Mancini (Sydney-Victoria, N.S.) was able to get a leave of absence from his civil service job with the Legal Aid Commission in Nova Scotia to run for federal
office. Mr. MacKay said he had suggested several options to his boss at the time, Jerry Pitzul, who the then director of public prosecutions, including a leave of absence
or that he be a transferred to another department, but that they were turned down. The Halifax Chronicle-Herald reported that Mr. Pitzul said he was only obeying the
law when he fired Mr. MacKay on March 4, 1997. (source: © ProQuest LLC All rights reserved; and http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/
search.do?fn=search&ct=search&initialSearch=true&mode=Basic&tab=default_tab&indx=11&dum=true&srt=rank&vid=01LOC&frbg=&fctN=facet_rtype&fctV=newspaper_articles&vl%28freeText0%29=%22
Jerry+Pitzul%22&scp.scps=primo_central_multiple_fe, accessed 8 July 2016)
------
[TO GO FURTHER ON THIS RESEARCH: At the House of Commons, 19 March 1998, read the exchange between Peter MacKay, Progessive Conservative and Art
Eggleton:
Mr. Peter MacKay (Pictou—Antigonish—Guysborough, PC)Mr. Speaker, on March 12 there was a press release from the minister's department announcing that Jerry Pitzul was the new judge advocate general.
This appointment seems to exactly hit on what the minister is looking for. It has the element of a civilian and the element of a former military person.I understand Mr. Pitzul has been out of the military since 1995 when he took on a position with the Nova Scotia government as director of the public
prosecution service. It now appears he is being brought back into the military with a new rank, a raise in pay and new responsibilities.He is praised in this release as being an extremely competent man. Was an appraisal done of his performance in the province of Nova Scotia? It speaks
of his immense experience in Nova Scotia but the man never tried a case there.I ask the minister if there is any beginning to the wisdom of this latest appointment.
Art Eggleton LiberalMr. Speaker, given that the hon. member once worked for him—
Mr. Peter MacKay (Pictou—Antigonish—Guysborough, PC)He fired me.
Art Eggleton LiberalHe fired him. Yes, that is true. I guess if you get fired you do not particularly like the person who fired you. Well, too bad. Perhaps he had
good reason to do that; I am sure he did. I guess it does not hurt members who get fired because they get elected to the House of Commons.Mr. Pitzul has considerable experience in the military. He spent most of his legal career in the military. He has been a judge. He has occupied
other positions that have given him a great deal of information, knowledge and understanding of the military justice system. On top of that, he
now has experience from outside having gone to Nova Scotia and having performed duties in a civilian role in that province. That adds to the
depth and experience he brings to this position. It also shows that we are willing to bring in new blood, to bring in people from the outside and to make reforms in the military justice system.I know that the new judge advocate general, Mr. Pitzul, will do that and do it well.
Source: https://www.lipad.ca/full/1998/03/19/12/#4081606, accessed 5 August 2018]
SCANTLEBURY,
L.L., Captain, member of the OJAG; acted as co-counsel for the
Director of Military Prosecutions in the case of Hamelin T.N.A.
(Major), R. v., 2017 CM 4005 (CanLII), <http://canlii.ca/t/h2tnh>
(accessed 9 May 2018);
SCARTH, William Blakeman, 1895-1983, former JAG officer who served
"four years in the Royal Canadian Air Force with the Judge
Advocate General's Branch" during WW II, see https://en.wikipedia.org/wiki/W._B._Scarth
(accessed 20 December 2017); also served in WW I;
___________on SCARTH, William Blakeman, 1895-1983, "who served as
a Progressive Conservative member of this Chamber from June 16,
1958, to December 14, 1962, representing the River Heights
Constituency", see the Debates and Proceedings of the
Legislative Assembly of Manitoba, VOL. XXXI No. 46A -2:00 p.m., THURSDAY, 14 APRIL, 1983. at
pp. 1728-1729 (32nd Legislature, 2nd session) , available at https://www.gov.mb.ca/legislature/hansard/32nd_2nd/hansardpdf/46a.pdf
(accessed 18 March 2019);
___________on SCARTH, William Blakeman, 1895-1983, see
following biographical notes by Goldsborough, "Memorable
Manitobans: William Blakeman Scarth (1895-1983)" Manitoba
Historical Society at http://www.mhs.mb.ca/docs/people/scarth_wb2.shtml,
accessed 18 March 2019;
Memorable Manitobans: William Blakeman Scarth (1895-1983)
Lawyer, MLA (1958-1959), MLA (1959-1962).
Born at Virden on 24 May 1895, son of William Frederick Scarth and Nellie E. Blakeman (1864-?), and brother of H. S. Scarth, he served with the Canadian Expeditionary Force during the First World War and received the Military Medal. In 1920 he graduated from the Manitoba Law School and practiced law at Flin Flon, Dauphin, The Pas, and Winnipeg. In 1950, he was made a King’s Counsel. He ran unsuccessfully in the 1940 federal election but was elected in 1958 to the Manitoba Legislature, representing the River Heights constitutency of Winnipeg. Re-elected in 1959, he did not stand for re-election in 1962 and, the next year, was appointed to the Manitoba Utilities Board. He served as President of the Manitoba Bar Association (1953-1954). He died on 9 March 1983.
Sources:
Birth registration, Manitoba Vital Statistics.
“King’s Counsel,” Winnipeg Free Press, 2 January 1950, page 1.
“Scarth named to Manitoba Utilities Board,” Winnipeg Free Press, 10 June 1963, page 5.
Members of the Legislative Assembly (deceased), Legislative Assembly of Manitoba.
This page was prepared by Gordon Goldsborough.
Page revised: 7 April 2018
___________on SCARTH, William Blakeman, 1895-1983, obituary in The
Vancouver Sun, 11 March 1983 at p. 34, available at
https://www.newspapers.com/, accessed 30 May 2020; NOTE: spelling
of his name "Will Blakemar" is different;
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 SCARTH, William Blakeman, 1895-1983, see photo in
"Scarth Named in Churchill Riding", The Winnipeg Tribune,
15 February 1940 at p. 2; available at
https://www.newspapers.com/...., accessed 30 May 2020; at the time
Scarth was Flin Flon town solicitor;
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
Image
source: http://www.law.gwu.edu/Faculty/profile.aspx?id=17109,
accessed 30 November 2014
Lisa Schenck
SCHENCK, Dean Lisa, "Fact Sheet on Canada Military
Justice", 18 September 2013, 9 p., available at http://responsesystemspanel.whs.mil/public/docs/meetings/20130924/materials/allied-forces-mil-justice/other/02_Canada_Fact_Sheet.pdf
(accessed on 1 May 2014); also available at http://mdlo.ca/wp-content/uploads/2013/10/Canada-Fact-Sheet-Schenck-18-Sep.pdf
(accessed 26 July 2015);
Image
source: lapa.princeton.edu/people/kim-lane-scheppele,
accessed 14 November 2017
Kim Lane Scheppele
SCHEPPELE, Kim Lane, "North American emergencies: The use of
emergency powers in Canada and the United States" (1 April 2006)
4(2) International Journal of Constitutional Law
213–243; available at https://doi.org/10.1093/icon/mol003
(accessed 14 November 2017); also available at https://academic.oup.com/icon/article/4/2/213/722106
(accessed 2 February 2018);
Chelsea Scheuer
SCHEUER, Chelsea, legal officer with the office of the JAG; see https://www.linkedin.com/in/chelseascheuer/
(accessedd 9 April 2023;
SCHMITT, Michael N., "Bellum Americanum: The U.S. View of
the Twenty-First Century War and its Possible Implications for the
Law of Armed Conflict", (2003) 1 JAG Newsletter -- Les
actualités 29-52; also published at other places;
Michael
Schmitt, image source: https://www.usnwc.edu/About/News/January-2012/Schmitt-Publishes-Book-on-International-Law-and-Co.aspx,
accessed 25 January 2015
___________ Essays on Law and
War at the Fault Lines, T.M.C. Asser Press, 2011,
and see in Chapter 12, "Investigating Violations of International
Law in Armed Conflict", the part "12.3.1 Canada" at pp.
610-614, ISBN: 978-90-6704-739-5 and 978-90-6704-740-1;
covers Canada; available in part at http://books.google.ca/books?id=SgGQr9DQXI0C&pg=PA610&dq=%22national+defence+act%22&hl=en&sa=X&ei=3xEHT77XKML10gHHz4izDg&ved=0CFoQ6AEwCDgK#v=onepage&q=%22national%20defence%20act%22&f=false
(accessed on 6 January 2012); see also http://harvardnsj.org/wp-content/uploads/2011/01/Vol.-2_Schmitt_FINAL.pdf
(accessed on 8 May 2012); previous ly published in (2011) 2
Harvard National Security Journal
31;
___________"Investigating Violations of International Law in Armed Conflict", (2011) 2 Harvard National Security Journal 31-84, deals with Canada at pp. 57-62; available at http://dro.dur.ac.uk/7740/1/7740.pdf (accessed 20 March 2019);
SCHMITZ, Cristin, "Canadian forces retains convicted sex offenders
in ranks", CanWest News, Oct
11, 2005, p. 1;
Description: Conservative defence critic Gordon O'Connor said offenders convicted of all but the most minor sexual offences should be
ejected from the ranks as a matter of course. "Military people who are found guilty of this . . . are out, and I don't care if it's war or peace,"
argued the retired brigadier general who spent 32 years in the Canadian Forces. Canadians should not be surprised to find convicted sex
offenders within the military, said Lt.-Col. Rod Lander, the deputy provost marshal for military police services. Lander said he does not
know how many convicted offenders are kicked out, but said he believes "a large percentage of those people who are convicted of at
least the most serious offences are subsequently released." [source: © ProQuest LLC All rights reserved, available at:
http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page&pag=nxt&pageNumberComingFrom=17&frbg=&indx=161&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)=Canadian%
20armed%20forces%20%22Judge%20advocate%20general%22%20Canada&dstmp=1502694978550, accessed 14 August 2017]
___________ "Canadian officials
re-evaluating policy of compensating Afghans for 'accidents'
supposedly caused by military vehicles", National Post, 3
December 2003 at p. A3;
Description: Canadian peacekeepers are among the most professional and decent military forces in Afghanistan -- but are they being too nice? Of the 31 nations
contributing to the Kabul Multinational Brigade, Canada appears to be the only one to pay compensation when its military vehicles are to blame for car accidents
with local Afghans. But after several recent incidents, Captain Dave Sinclair, a lawyer with the Judge Advocate General's office at the Canadian base, is re- evaluating
the policy. There are concerns that paying even minimal compensation to the abjectly poor Afghans may encourage deliberate accidents with Canadian troops.
(source: http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page&pag=nxt&pageNumberComingFrom=6&frbg=&indx=
51&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)=
Canadian%20Judge%20Advocate%20General&dstmp=1474921908902; © ProQuest LLC All rights reserved)
___________"Class actions, military justice are among novel cases
SCC to weigh", The Lawyer's Daily, Thursday, 14 April
2018, available at https://www.thelawyersdaily.ca/articles/2113/class-actions-military-justice-are-among-novel-cases-scc-to-weigh?article_related_content=1
(accessed 25 September 2018);
___________"CMAC awards $10,000 to officer for failed prosecution
of his use of double-entendres during training", The
Lawyer's Daily, Wednesday, 29 April 2020, available
at https://www.thelawyersdaily.ca/articles/18821/cmac-awards-10-000-to-officer-for-failed-prosecution-of-his-use-of-double-entendres-during-training
(accessed 4 May 2020); about R. v. Banting, 2020 CMAC 2 (CanLII),
<http://canlii.ca/t/j6mpw>;
___________"CMAC strikes down key provision of National Defence
Act for violating military members’ Charter right to jury trial",
The Lawyer's Daily, Tuesday, 20 September 2018, available
at https://www.thelawyersdaily.ca/articles/7379/cmac-strikes-down-key-provision-of-national-defence-act-for-violating-military-members-charter-right-to-jury-trial-
(accessed 24 September 2018);
In a legal earthquake for the military justice system, the Court Martial Appeal Court of Canada (CMAC)
has split 2-1 to strike down s. 130(1)(a) of the National Defence Act (NDA) because the majority held
that the provision — which deems Criminal Code offences committed in Canada by military members to
be “service offences” — deprives military accused of their Charter s. 11(f) right to trial by jury.
The Sept. 19 majority decision by CMAC Justices Jocelyne Gagne and Vital Ouellette (Chief Justice Richard Bell dissented)...
___________ comments on the military cases of R. v. Cawthorne and R. v. Gagnon. before the Supreme Court of Canada, The Lawyers Weekly, 15 April 2016; available at http://www.lawyersweekly.ca/articles/2653 (accessed 12 April 2016);
The Honourable Luc Martineau who rendered the decision.
Source of image: fct-cf.gc.ca/en/pages/about-the-court/members-of-the-court/judges/the-honourable-luc-martineau,
accessed 5 March 2020.
___________"Federal Court slams prosecution's bid to force
military judges to preside over Dutil court martial", The
Lawyers Weekly, 15 April 2016; available at https://www.thelawyersdaily.ca/articles/18015/federal-court-slams-prosecution-s-bid-to-force-military-judges-to-preside-over-dutil-court-martial?category=news,
accessed 7 March 2020; about; decision of the Federal Court
in Canada (Director of Military Prosecutions) v. Canada
(Office of the Chief Military Judge), 2020 FC 330 (CanLII),
<http://canlii.ca/t/j5p93>,
re court martial of Colonel Mario Dutil, Chief military Judge and
decision of LCol. Louis-Vincent D'Auteuil at his court martial;
___________"JAG failed to provide ‘effective oversight’ of justice system marred by trial delays, lack of performance standards", The Lawyer's Daily, Tuesday, 29 May 2018, available at https://www.thelawyersdaily.ca/articles/6619 (accessed 30 May 2018);
Maj.-Gen. Blaise Cathcart
___________"JAG says marijuana legalization presents ‘challenges’
for military", The Lawyer's Daily, Sunday, 7 May 2017,
available at https://www.thelawyersdaily.ca/articles/3116/jag-says-marijuana-legalization-presents-challenges-for-military?article_related_content=1
(accessed 8 May 2017);
Photo
by Department of National Defence
"Canada’s first
female Judge Advocate General (JAG), Commodore Geneviève
Bernatchez (left), recently met with Honourary Captain Navy
Beverley McLachlin
(the first female Chief Justice of Canada, ret.) at National
Defence Headquarters in Ottawa."
___________"McLachlin will advocate for Office of JAG in new role as CAF’s ‘honorary captain (Navy)' ", The Lawyer's Daily, Wednesday, June 20, 2018 @ 9:39 AM; available at https://www.thelawyersdaily.ca/articles/6777 (accessed 21 June 2018);
Image
source:
cas-cdc-www02.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Bio/Bell
and photo credit: Keith
Minchin
B. Richard Bell, Chief Justice of the CMAC
___________"Military appeal court head looks to
modernize and improve access: Former
litigator Bell quietly transforming way CMAC does business", The Lawyers Weekly, 10 June
2016, available at http://www.francegauthier.ca/livres/vivre-et-mourir-gueri/
(accessed 7 June 2016); article is about Chief Justice Robert
Bell and the Court Martial Appeal Court of Canada; also
discusses complaint againt Chief military judge Mario Dutil;
and the updating of the court's rules by Federal
Court Justice Patrick Gleeson;
___________"Military defence Charter thrust parried
in Supreme Court ruling: Decision
casts wide net for prosecution of Canadian Armed Forces
members", The Lawyers Weekly, 4 December 2015; available
at http://www.lawyersweekly.ca/articles/2567
(accessed 1 December 2015);
___________"Military judge pay hike rejected", (12 April 2013),
32(2) The Lawyers Weekly;
___________"Military
judge will not face court guns", The Lawyers Weekly,
issue 10 June 2016, available at http://www.lawyersweekly.ca/articles/2694
(accessed 7 June 2016); see also at https://www.thelawyersdaily.ca/articles/2075/military-judge-will-not-face-court-guns?article_related_content=1
(accessed 24 September 2017);
In the first known case under a unique judicial discipline process, an inquiry committee struck by the Court Martial Appeal Court (CMAC) has dismissed a potentially explosive complaint against Canada’s top military judge [Mario Dutil] that was lodged by the chief of staff of the Judge Advocate General (JAG) [Col. Bruce Wakeham].
___________"Military judges rule they can't be disciplined by chain of command, only by military appeal court", The Lawyer's Daily, 3 March 2020; available at https://www.thelawyersdaily.ca/articles/17995, accessed 7 March 2020;
___________"Minister attacked on two fronts over prosecutorial
independence. Allegation is political pressure can be
brought to bear on matters", The Lawyers Weekly, 22
January 2016 issue; discusses the case of Cawthorne v. The
Queen and R. v. Gagnon [2015] CMAC 2 ;
available at http://www.lawyersweekly.ca/articles/2593
(accessed 18 January 2016);
___________"New judge advocate general vows to correct delays and
inefficiencies that mar Canada’s military justice system", The
Lawyer's Daily, 3 July 2018;
___________ "Nova Scotia Native Advises Army Generals, Colonels On
Rules Of Engagement", (2004) 1 Les actualités JAG Newsletter
38-39; the article also indicates that the article is published in
(2003) 23(30) The Lawyers Weekly; article about Captain
David Sinclair;
___________"Openness Urged in Selection of Canadian Nominee for ICC", 26 April 2002 The Lawyers Weekly 28;
___________ "rules peacemaking in Afghanistan", (November
2003) 23 Lawyers Weekly
number 29, 1(2);
___________"SCC asked to stay ruling that guts military justice
system; military warns sexual assault prosecutions in jeopardy", The
Lawyers Weekly, Monday 24 September 2018 ; available at https://www.thelawyersdaily.ca/civillitigation/articles/7399/scc-asked-to-stay-ruling-that-guts-military-justice-system-military-warns-sexual-assault-prosecutions-in-jeopardy
(accessed 25 September 2018);
___________"SCC restoresability of courts martial to try serious crimes by military members in Canada", The Lawyers Weekly, Friday 26 July 2019; available at https://www.thelawyersdaily.ca/business/articles/14055/scc-restores-ability-of-courts-martial-to-try-serious-crimes-by-military-members-in-canada (accessed 29 July 2018);
___________"SCC’s winter session looks at military justice,
lawyers’ fees, Crown copyright, Jordan", The Lawyers Weekly,
Wednesday, 2 January 2019; available at https://www.thelawyersdaily.ca/articles/9276/scc-s-winter-session-looks-at-military-justice-lawyers-fees-crown-copyright-jordan
(accessed 6 January 2019);
___________"Top court rejects Ottawa’s bid to stay Charter ruling
that guts military justice system", The Lawyers Weekly,
Wednesday, 15 January 2019; available at https://www.thelawyersdaily.ca/articles/9664
(accessed 16 January 2019); about the SCC decision of Beaudry
rendered on 14 January 2019;
___________"Top military judge to face court martial after independent prosecutor prefers eight charges", The Lawyer's Daily, Sunday, 11 June 2018; available at https://www.thelawyersdaily.ca/articles/6716 (accessed 12 June 2018);
___________"To shoot or not to shoot", The Ottawa Citizen, Dec 13, 2003, p.A15; about the work of two legal officers in Afghanistan: Capt Dave Sinclair and Maj Louis Mackay;
SCHNEIDEREIT, Erika, "The law of armed conflict: Does it apply to
space?", National Magazine, Canadian Bar Association, 4
December 2018, available at http://nationalmagazine.ca/Articles/December-2018/The-law-of-armed-conflict-Does-it-apply-to-space.aspx
(accessed 26 December 2018); Ms. Schneidereit is counsel at the
Department pf Justice Canada;
-------------
Joanne Schnurr, image
source:
Major Cory Moore (video still)
ca.linkedin.com/in/joanne-schnurr-6890842b
SCHNURR, Joanne, " 'Ghosts of War' remembered in ceremony at
Ottawa highschool", CTV News Ottawa, 11 November 2016 with video;
available at http://ottawa.ctvnews.ca/ghosts-of-war-remembered-in-ceremony-at-ottawa-highschool-1.3156917?autoPlay=true
(accessed 13 November 2017);
SCHROEDER, Derek (D.R.J.), LCdr, legal officer with the OJAG,
"Recap of the CBA 2018 Military Law Conference", 16 October 2018;
available at https://cba.org/Sections/Military-Law/Articles/2018/2018-Military-Law-Conference
the Canadian Bar Association National Military Law Section
(accessed 9 December 2019);
___________on Lt(N) Derek Schroeder, see CANADIAN ARMED FORCES,
"Legal Officer in the Canadian Armed Forces", You Tube published 6
August 2016; officers involved in the video are Lt(N) Derek
Schroeder and Capt Francesca Ferguson available at https://www.youtube.com/watch?v=MTfB1jFpxcU
(accessed 8 August 2016);
___________"Sommaire de la Conférence de l'ABC en droit militaire
de 2018", 16 octobre 2018, disponible à http://www.cba.org/Sections/Military-Law/Articles/2018/2018-Military-Law-Conference
(site consulté le 9 décembre 2019);
SCHROEDER, Derek and Francesca Ferguson, "Legal Officer in the
Canadian Forces"; available at https://www.canada.ca/en/department-national-defence/services/caf-jobs/career-options/fields-work/other-specialty-occupations/legal-officer.html
(accessed 1 June 2017);
I’m Lieutenant Navy Derek Schroeder from Ottawa, Ontario. I’m a Legal Officer serving as Deputy Judge Advocate at CFB Halifax, Nova Scotia.
I’m Captain Francesca Ferguson from Halifax, Nova Scotia. I’m a Legal Officer and I’m currently serving as Deputy Judge Advocate in Canadian
Forces Base Borden, Ontario.FERGUSON: Legal Officers work in courtroom and administrative settings with all three environments of the Forces. We’re legal advisors to the
chain of command and experts in international and domestic law applicable to CF operations and military discipline.SCHROEDER: When deployed overseas, Legal Officers take on responsibilities such as working with Canadian and allied forces, local officials
and international organizations such as the United Nations. We’re both military officers and lawyers who are field-ready experts in the law of armed
conflict and military justice.It really is a unique legal practice. One day you could be deploying in support of a peacekeeping mission. On another you might be on Parliament
Hill supporting the Minister of National Defence on a bill progressing through Parliament.FERGUSON: Legal officers deal with complex legal issues early in our careers. I am a new Captain in the branch, and I get the opportunity to write
legal opinions that go directly to the Chain of Command, who value my advice.SCHROEDER: Many Legal Officers think of their international and domestic deployments as the highlight of their careers. Now that I’ve done my
legal and my military training, I’m really looking forward to the challenge and the excitement of taking part in one of the Forces’ international operations.FERGUSON: Legal Officers must already have been admitted to a provincial Bar before joining the Forces, but there’s no requirement for prior military
experience of any kind.SCHROEDER: After your enrolment, you’ll go through the same Basic Military Officer Qualification as every other officer in the Forces.
FERGUSON: Then, you’ll be under the umbrella of the Office of the JAG, the Judge Advocate General. During your first year, you’ll be employed as
a legal officer, but you’ll also spend a significant part of your time on military legal education and professional development.There’s quite a steep learning curve. The fields of law we practice are quite specialized and are not typically taught in law school. New lawyers must
learn the basics of operational law, military justice and military administrative law. You’re also provided with ongoing learning opportunities, so you
can continuously strengthen your skills as you move up the ranks.SCHROEDER: As a Legal Officer, you never stop learning – military criminal law, maritime law, national security law. There’s always a new challenge
and a new opportunity to grow.FERGUSON: Most Legal Officers begin their career at National Defence Headquarters in Ottawa where you’ll be working on a wide range of files with
a team that’s similar to a medium-sized civilian law firm.SCHROEDER: Other Legal Officers are posted to Forces bases in Canada or in places like Germany, Belgium or the United States.
FERGUSON: As a base legal advisor, I face new challenges every day. The units come to me with questions that need to be resolved, and it is my job to
determine what the legal issues are, and how to respond effectively. Whether it’s related to discipline or questions of an administrative nature, my advice
can have a serious impact on a member’s career.SCHROEDER: I became a lawyer because I wanted to serve my community - I wanted to help people. And there’s no question about it. As a Legal Officer,
I provide advice and influence decisions that can have a very significant impact on people’s lives.FERGUSON: I get to say that it’s part of my job to go into a foreign country, often into a conflict zone, to address international legal issues. And I have
to admit - that’s pretty exciting.SCHROEDER: If you have the ability and the desire to do something different, to serve Canada, to do something both deeply challenging and rewarding,
then becoming a Legal Officer in the Forces may just be the right move for you.
SCHROEDER, Lara, "Jailed for his
faith. In the Second World War, some pacifists were jailed
for refusing to fight. Frank Peters was never the same again", CBC
News, 26 March 2019, available at https://newsinteractives.cbc.ca/longform/jailed-for-his-faith
(accessed 27 March 2019);
/----
SCHULZ, Christian, Das kanadische und das deutsche Wehrrecht im
Rechtsvergleich, [The Canadian and German military law in
comparison], Frankfurt am Main: Peter Lang, 2009, 208 p., (series;
Europäische Hochschulschriften. Reihe II, Rechtswissenschaft ; Bd. 4796; European
University Studies; Series II; Law; vol. 4796), ISSN: 0531-7312;
ISBN: 978-3-631-57302-0; Notes: "Zugl.: München, Univ der
Bundeswehr, Diss., 2007"; bibliography at pp. 197-208; see
The table of Contents at pp. 9-14;
SCOBLE, T. C. (Thomas Clarkson), 1840-1900, The Canadian volunteer's hand book for field service / compiled by T.C. Scoble, Toronto : H. Rowsell, 1868, 108 p. : ill. ; 18 cm. NOTES: Cover title: Hand book for field service "Approved by the Adjutant General of Militia, Canada." Tables. Stewart Collection; copy at OONMC = Canadian War Museum, Hartland Molson Library/Musée canadien de la guerre, Bibliothèque Hartland Molson, 1 Place Vimy, Ottawa, rel 819-776-8680; available at https://archive.org/details/cihm_26443 (accessed 6 May 2017);
Equitas' image source: equitassociety.ca/
Scott v. Canada (Attorney General), 2017 BCCA 422 (CanLII), available at www.canlii.org/en/bc/bcca/doc/2017/2017bcca422/2017bcca422.html (accessed 11 December 2017);
SCOTT, Craig, Brief on the Investigation of Canadian Nationals
for War Crimes and Crimes against Humanity in Afghanistan
Submitted to The Prosecutor of the International Criminal Court,
Toronto, 26 November 2017 [iii], 115 p., available at https://nathanson.osgoode.yorku.ca/wp-content/uploads/2017/11/BRIEF-TO-ICC-PROSECUTOR-BENSOUDA-C-Scott.pdf
(accessed 6 January 2018); also available at https://digitalcommons.osgoode.yorku.ca/reports/210/
(accessed 16 December 2020);
9. The timing and nature of legal adviceIn general, the public has not come to know the content of legal advice given by
Canadian government lawyers to various actors in relation to the Afghanistan situation.
Such opinions have been refused based on the invocation of solicitor-client privilege as
an exception under the Access to Information Act. For example, when an ad hoc Committee
of Parliamentarians was created to deflect a showdown between the House of Commons and
the Harper government (discussed below), documents assessed by the government and a
panel of arbiters as solicitor-client communications were completely
excluded from being seen by the six participating MPs; this was one of the key reasons
that a fourth party, the New Democratic Party, refused to participate in the process.
One small exception is a glimpse at a legal opinion by then Judge Advocate General of the
Canadian Forces, Ken Watkin – a glimpse in the form of a single paragraph quoted
in a news report after a journalist had access to a copy. The news story indicates it was
a five-page memo and was written on May 22, 2007. The legal memo’s existence only
became known a full three years afterit was written when the Toronto Star reported on
it as a leak and quoted a one-paragraph extract on February 25, 2010. To re-orient the
reader of this brief, May 22, 2007, wasa month after the first Byers-Schabas letter was
sent to Prosecutor Ocampo (and made public) and similarly almost a month after the
first Globe and Mail article was published that set out in great detail the testimony
about torture of some 30 Afghans who appear to have passed through Canadian hands
on their way their abuse.
One passage of the Watkin memo is reported to read as follows:
Military commanders who know, or are criminally negligent in failing to know, that a
transferred detainee would be subjected to such abuse have the obligation to take all
necessary and reasonable measures within their power to prevent or repress the
commission of such abuse. They may also be subject to criminal liability for failing to
submit the matter to competent authorities for investigation and prosecution.
The entire Watkin memo (or other parts of it) has not been released or published,
although, obviously, the Toronto Star does appear to have at least seen a copy. It could
be important for the ICC OTP to secure a copy of it.
This small leak to the press serves to underline that it will be crucial for an ICC
investigation to follow the path of the role of lawyers and their legal advice – which
may especially come up as an issue if and when individuals seek to plead legal advice as a shield
or mitigating factor.
This includes understanding the cross-departmental role of lawyers meeting and
coordinating legal responses on the multiple fronts the last government was fighting
transparency in relation to Afghan detainee transfers.
A separate communication will be conveyed that discusses the progression from (the
little that is currently known about) the Watkin memo of May 22, 2007, to the reference
to a legal test in the earlier-reproduced passage from Lt. Gen. Gauthier’s Amplifying
Guidance of September 18, 2007.
Craig
Scott: image source:
http://www.osgoode.yorku.ca/faculty-and-staff/scott-craig-m/,
accessed on 5 January 2014.
___________Intervention in the House of Commons about the role of
the Judge Advocate General, 26 March 2015 with background
information by the Minister of National Defence; available
at http://www.parl.gc.ca/content/hoc/House/412/Debates/190/HAN190-E.PDF
(accessed 14 March 2017);
Hon. Jason Kenney (Minister of National Defence and Minister for Multiculturalism)...
We therefore believe, pursuant to legal advice received from our own Judge Advocate General and the position taken by President
Obama's administration, that we have every legal prerogative to pursue the ISIL targets in eastern Syria, in part at the invitation of the
government of Iraq under article 51 of the United Nations Charter to give practical expression to the collective right of self-defence.
[House of Commons Debates (Hansard), 26 March 2015, p. 12358]
......
Mr. Craig Scott (Toronto --Danforth, NDP)...
The government wants to go in for reasons that have as much to do with electoral politics as they do with the actual need for Canada to be
involved in this way, especially by extending the mission to Syria.
We debated this question back in early October. At the time, the motion that was passed by the House included Syria. We knew that it did.
It was clear, and there was a condition set by the Prime Minister that Canada would not extend its active mission, particularly the bombing
part of it, without the consent of the government of Syria, namely Assad.
The U.S. had already put out its legal rationale for going into Syria a full two to three weeks before, on September 23, 2014. Surely any
competent Canadian government and its advisers would know what that rationale was by the time we had the debate in the House, yet the
only legal basis that the government put forward then for going into Syria was one of the consent of the Syrian government. No mention was
ever made of the U.S. rationale.
Was that because the government had legal advice from somewhere within the government that the U.S. rationale was dubious, or even not valid?
If so, how the government went about getting a legal opinion that it liked a lot better is a question that has to be asked.
Maybe there is a hint. Newspaper reports suggests that it was the Judge Advocate General, based in the Department of National Defence, who
gave that legal opinion.
It is one, of course, we are never going to see, because the current government will raise the bogus argument of solicitor-client privilege as the
reason we cannot see the legal opinion. However, the Judge Advocate General has no business giving legal opinions on ius ad bellum, the use of
military force as set out in general public international law. That is the role of the legal adviser to the Department of Foreign Affairs, who in every
other government and every other Westminster system would be the one giving the opinion.
The question is begged: did the legal adviser give an opinion back in September and October? Was it favourable to the government? If so, why
do we not know about it? If it was not favourable to the government, is that why the Department of National Defence has inserted itself and
overridden the Department of Foreign Affairs in its proper role of advising the government on the lawfulness of going to war?
These are questions we have to ask. I would remind members that we have asked them and will continue to ask them. We will want to see the
legal opinions. It is not for the sake of legality itself, but in order to know what the government sees as the basis for going in and to be able to hold
the government to account for the reasons given, under law. It is also in order to be critical, to scrutinize, and have others who are also experts say
“case made” or “case not made”.
The fact is that unless the government changes its ways, it is going to say, “Sorry, solicitor-client privilege”, which is so bogus. First of all, the
client is the government. Second, this is the ultimate public interest. There is nothing reasonably confidential in what the government hears about
whether it can go to war that cannot be shared, not just with Parliament but with Canadians as a whole.
Therefore, with the Minister of Foreign Affairs here in the House, I do ask him to make sure that any legal opinion that has been received by
the government is tabled, and tabled forthwith. [House of Commons Debates (Hansard), 26 March 2015, p. 12367]
___________"Moral and Legal Responsibility with Respect to Alleged Mistreatment of Transferred Detainees in Afghanistan: Presentation to the House of Commons Special Committee on the Canadian Mission in Afganistan", Presentation to the House of Commons Special Committeeon the Canadian Mission in Afghanistan, finalized version 11 February 2010; available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1552068 (accessed on 11 February 2014);
___________"War Crime Investigations: Former NDP MP Asks
International Criminal Court to Look into Canada's Role in the
Torture of Afghan Detainees", CPAC, Prime Time Politics, 27
November 2017, video, available at http://www.cpac.ca/en/programs/primetime-politics/episodes/54410147
(accessed 29 November 2017);
SCOTT, John Wilson, 1922-, Commander, legal officer, see Canadian
Navy List for July 1960, available at https://navalandmilitarymuseum.org/sites/default/files/pdf/Navy_List_1960_July_400_dpi.pdf
(17 August 2018);
___________on SCOTT, John Wilson, see "Legal Officer For Services
Coming May 1", Times Columnist, Victoria, Friday, 26 February 1954
at p. 21, available at https://www.newspapers.com/image/,,,,,
accessed 27 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 SCOTT, John Wilson, see "Navy Once Held A Funeral
Service For New Deputy Judge Advocate", The Ottawa Citizen,
Wednesday, 24 February 1954 at p. 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 viewedSource: Proquest at https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....,
accessed 29 April 2020
___________on SCOTT, John Wilson, see "Officer Leaves for London
Post", The Crowsnet, vol. 11, number 9, July 1959,
at p. 12, available at http://publications.gc.ca/collections/collection_2015/mdn-dnd/D12-19-11-9-eng.pdf
(accessed 27 February 2019);
___________photo of Commander J. Scott:
Cdr J. Scott, first row, first on the right, image from McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at p. 93, available at pp. i-xii and 1-102.
SCOTT, Katie, lawyer and partner at Rusonik, O'Connor,
Robbins, Ross, Gorham & Angelini LLP.;
Katie ScottKatie Scott B.A. (Hons) LL.B. Barrister & Solicitor Katherine S. Scott (Katie) graduated with a B.A.
Katie’s first experiences practicing criminal law were at the Dalhousie Legal Aid Clinic and a summer
(Honours) from St. Mary’s University and has a law degree from Dalhousie University. She is a
member of the Ontario Bar Association, the Canadian Bar Association and the Canadian Association
of Black Lawyers.
at the Judge Advocate General in Halifax, Nova Scotia.
[emphasis in bold and size added; read the rest at https://www.criminaltriallawyers.ca/?q=katie-scott, accessed 10 March 2019]
Sherry Elizabeth Scott
Image source: simcoe.com/announcements-
graduations/graduations/5736504-graduation-scott-sherry/,
accessed 25 May 2019
SCOTT, Sherry (Sherry Elizabeth), lawyer, Captain, member of the
OJAG and the Law Society of Ontario (information as of 25 May
2019); as a legal officer, regular force, she attended the
2019 mandatory legal officer qualification course at Canadian
Forces Military Law Centre, CFB Kingston, see Access to
Information Act, DND Acess to Information and Privacy letter dated
12 June 2019, File A-2019-00289;
___________notes on SCOTT, Sherry, "GRADUATION-SCOTT SHERRY", 16
July 2015, available at http://www.lifenews.ca/announcement/5736504-graduation-scott-sherry
(accessed 19 June 2019);
Sherry Scott
GRADUATIONS Sherry Elizabeth Scott Call to the Bar It is with great pride, that the family of
Sherry Scott announces her call to the Bar, June 22, 2015 in Ottawa. Sherry graduated Juris Doctor
from Dalhousie University, in May 2014. She has just completed her clerkship with Justice Barnes
in the Federal Court in Ottawa. Sherry is excited to begin working with the Chief Justice of the
Court Marshal of Appeals Court in August 2015, also in Ottawa. Congratulations Sherry on all
your hard work and achievements! Much love from mom ( Darlene Scott), Granddad (Jim Cronin),
Auntie (Lori Beth Cronin), Papa (Ken Scott) and Gran ( Elizabeth Cronin who is smiling down from
Heaven).
___________photo of Capt Sherry Scott hereunder from the JAG
Annual Report 2019-2010 at p. 12, available at canada.ca/content/dam/dnd-mdn/documents/legal-juridique/reports-rapports/jag/jag-annual-report-2019-20-full-web-en-20200923.pdf
(accessed 24 October 2020);
Excellent photo of Capt Scott during an exercise.
SCOTT, W.E., lawyer and legal officer with the JAG (Army General
List Officer), circa 1948-1952; got this information from the Canadian
Army List of that period;
___________on SCOTT, W.E., Colonel, see "Reginan retires", The
Leader-Post, Regina, Tuesday, 15 December 1959, at p. 8,
available at https://www.newspapers.com/...., accessed 25 May
2020;
Pressing (and holding) the Ctrl key and scrolling the
wheel of the mouse allows to zoom in or out of the web page being viewed
Abstract: The United States and Canada, among others, have recognized that “misconduct stress behaviors” can be a “hidden”
by-product of war-zone deployments. The American military’s paradigm of punishment over treatment creates a “military misconduct Catch-22,
in which the service member’s treatment need is identified as a result of, or only after, violations of military law. Civilian society then bears the
justice, familial, and social costs of the military’s failure to address combat stress–based misconduct. As an alternative to existing punitive
military pathways, we propose a rehabilitative justice pathway that builds on the successes of civilian criminal justice mental health courts—
to be implemented during active duty service, before separation from the Armed Forces. The approach, predicated on the circumstances of
each case, promotes resilience, honorable discharge, and successful reintegration of service members into society.
[source: http://explore.bl.uk/primo_library/libweb/action/display.do?tabs=moreTab&ct=display&fn=search&doc=LDLAlsidyva288ed97&indx=1&recIds=LDLAlsidyva
288ed97&recIdxs=0&elementId=0&renderMode=poppedOut&displayMode=full&frbrVersion=&vl(drEndYear4)=Year&vl(46690061UI3)=all_items&vl(drStartMonth4)=
00&vl(41497491UI2)=any&vl(10130438UI1)=any&dscnt=0&vl(1UIStartWith0)=contains&vl(1UIStartWith2)=contains&mode=Advanced&vid=BLVU1&vl(boolOperator1)
=AND&tab=local_tab&vl(freeText1)=&vl(drStartYear4)=Year&vl(drStartDay4)=00&dstmp=1516353072414&frbg=&vl(10130439UI0)=any&scp.scps=scope%3A%28BL
CONTENT%29&tb=t&vl(1UIStartWith1)=contains&srt=date2&vl(boolOperator0)=AND&Submit=Search&vl(drEndMonth4)=00&vl(freeText2)=&vl(boolOperator2)=AND
&vl(freeText0)=military%20law%20Canada&dum=true&vl(drEndDay4)=00, accessed 19 January 2018]
SELLAR, Watson, "Canadian Non-Permanent Militia Units", (1946) 24
Canadian Bar Review 98-106; available at https://cbaapps.org/cba_barreview/Search.aspx?VolDate=09%2f01%2f2017
(accessed 22 September 2017);
SEMBI, Manjit, compiled by, Topical index, Somalia
Commission hearings, Ottawa : National Defence Records &
Library Services, 1997, 17 leaves; concerns topical index of
the Commission of Inquiry into the Deployment of Canadian Forces
to Somalia. Transcript of evidentiary hearing;
SEMIANIW, Walter, Lieutenant-General (retired), "A View from the
Battlefield: A Commander's Perspective" 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. 83-85,
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);
SENAY,
Cathy, "Le
commandant de Valcartier impuissant à enrayer l’adhésion de
militaires à La Meute", Ici Radio Canada, 18 décembre 2017,
disponible à http://ici.radio-canada.ca/nouvelle/1073400/commandant-soldats-valcartier-impuissant-groupes-radicaux
(consulté le 23 décembre 2017);
Un ancien membre du régiment des Voltigeurs vient de déposer une demande d'autorisation afin d'intenter
un recours collectif contre les Forces armées canadiennes pour agression et harcèlement sexuel. Il s'agit
d'une première au Québec. Ailleurs au pays, d'anciens militaires de la Nouvelle-Écosse, de la Colombie-Britannique
et de l'Ontario ont entrepris la même démarche.
SENÉCAL, Cimon Senécal, Quebec provincial Crown and member of the
CAF reserves, acting in the prosecution of the Chief Military
Judge's court martial, see Schmitz, Cristin, "Prosecutor withdraws
4 of 8 charges against top military judge; defence seeks judge’s
recusal at court martial", The Lawyer's Daily, 12
June 2019, available at https://www.thelawyersdaily.ca/articles/12967
(accessed 12 June 2019);
SENIOR,
Elinor Kyte,
1926-1989, An
imperial garrison in its colonial setting : British regulars in
Montreal 1832-54, thesis for the degree of Doctor of
Philosophy, Department of History, McGill University, 1976, xii,
623 leaves; there is another title to the written thesis: British
Garrison in Montreal1832-54, available at http://digitool.library.mcgill.ca/R/?func=dbin-jump-full&object_id=69164&local_base=GEN01-MCG02
(accessed 18 March 2018);
Image source: https://hum.ku.edu/seanseyer,
accessed 1 March 2019
Sean Seyer
SEYER, Sean, "Walking the Line -- The International Origins of
Civil Aviation Regulation in Canada", (2015) 38(2) Scientia
Canadensis Canadian Journal of the History of Science,
Technology and Medecine 79-89; available at https://www.erudit.org/fr/revues/scientia/2015-v38-n2-scientia02714/1037948ar.pdf
(accessed 1 March 2019);
Abstract
This paper explores how international considerations shaped the Air Regulations of 1920, the first regulation
of civil aviation in Canada. After the First World War Allied representatives drafted the Convention Relating
to the Regulation of Aerial Navigation to both constrain the revolutionary potential of heavier-than-air flight
and foster international civil aviation. The Borden government considered aviation regulation a domestic matter
rather than an imperial one and recognized that Canada’s geographic position necessitated regulatory
coordination with the United States. In response, it crafted a postwar aeronautical policy that allowed for regulatory
compatibility with the convention, facilitated cross-border flight with the United States, and promoted a more
independent foreign policy. Thus Canada’s postwar regulation of the airplane represents an important element
in its larger twentieth-century realignment away from Great Britain and towards the United States.
[source: https://www.erudit.org/en/journals/scientia/2015-v38-n2-scientia02714/1037948ar/, accessed 1 March 2019]
Operation Nebarius
The ammunition is for a little-known training and capacity building program run by the Canadian military in the West African nation of Niger
under the codename Operation Naberius, said Capt. Vincent Bouchard, a spokesman for Canadian Joint Operations Command Headquarters.
A handful of Canadian soldiers have since 2013 helped train the Niger Armed Forces in marksmanship, reconnaissance and other basic military
skills under the auspices of Operation Nebarius, the CBC News reported earlier this year.The little-advertised operation is part of Canada’s Counter-Terrorism Capacity Building (CTCB) assistance program that “provides training, funding,
equipment, technical and legal assistance [emphasis added] to other states to enable them to prevent and respond to terrorist activity,” according to Global Affairs Canada.
Re Troops win Somalia medals (June 18) by Allan Thompson. It is about bloody time that the hard
work of the many soldiers, sailors and airmen who conducted Operation Deliverance in Somalia is
recognized by the Canadian government with a medal.I only wish I could be standing with those individuals getting the Somalia medal, but that is not to
be because I was convicted of a military offence for a purported role in the death of Shidane Arone.So be it, and I'm sure the others convicted feel the same as I do.
What angers me is Vice-Admiral Larry Murray's decision to have a military committee review personnel
files to determine who else might be excluded from getting a medal. What documents will his committee
be reviewing?No doubt these documents will be military police reports and memos of the judge advocate-general's office,
but I would have thought that Murray's personal experience of being investigated by the military police would
have alerted him to the likely falsity of such documents. That was the impression made on me by his testimony
at the Somalia inquiry.The best that can be said of the military police is that they are incompetent at investigating torture and murder.
That should not be surprising, however, since their job is to put up road signs and control traffic.
Let's hope that it is nothing more sinister than incompetence.
As for the memos that flow out of the judge advocate-general's office, it was clear even from an abridged
inquiry that these are politically tainted. How else might these memos be affected?In my opinion, the so-called Somali affair was over prosecuted, and my suspicion is that this was motivated
in part by an effort to prevent the downsizing of the judge advocate-general's office and by some military
lawyers' desire for career advancement.That as it may be, the military lawyers have had their days, weeks, months and years in court, and to give
them their due they obtained several convictions including my own (the bastards!).So why, after tipping his hat to the military justice system, does Murray now want to convene a military
committee to review files?My suspicion is that some of the sharks in National Defence Headquarters feel deprived because they were
not invited to the judge advocate- general's courtroom feeding frenzies.Regretfully, these sharks who were never in the Ogaden Desert will satiate their appetites on sailors, soldiers
and airmen who were in Somalia.Tony Seward
Formerly Major Seward
Officer Commanding 2 Commando
Belleville
___________on SEWARD, Major Tony, see "Airborne major
jailed for role in Somalia affair", Lethbridge Herald, 28
May 1996, at p. 5, available at https://newspaperarchive.com/lethbridge-herald-may-28-1996-p-5/
(accessed 12 March 2019);
Image
source: https://www.justsecurity.org/author/shahnaureen/, accessed
16 June 2016
Naureen Shah
SHAH, Naureen, "U.S. Monitoring of Detainee Transfers in
Afghanistan International Standards and Lessons from the UK &
Canada", December 20, 2010; available at SSRN: http://ssrn.com/abstract=1728888 or http://dx.doi.org/10.2139/ssrn.1728888
(accessed 5 June 2015);
Image
source:ca.linkedin.com/in/g-e-joe-sharpe-9b381031, accessed 9
January 2018
G.E. (Joe) Sharpe
SHARPE, Brigadier-General (retired) G.E. (Joe), Biographical Notes
on G.E. (Joe) Sharpe, available at http://mhic-cism.com/who_we_are/our-innovators/joe-sharpe/
(accessed 9 January 2018);
___________ "The Sand Beneath our Feet: The Changing Mandate in
the Croatian Inquiry", 19 p.; available at http://veteranvoice.info/ARCHIVE/info_11may_Paper_ShiftingSands_byBGen_Sharpe.pdf
(accessed 9 January 2018);
SHARPE, J.P., Lieutenant (N), was a member of the OJAG and
defence counsel in R. v. Marcouiller-Benjamin 1987
CM 106, Special General Court Martial, Lahr, Federal Repunlic of
Germany, 11 December 1987, source of information: MADSEN,
C.M.V. (Chris Mark Vedel), Military law and operations, Aurora (Ontario): Canada Law Book, c2008-, vol. 3, at p. APP2: 1987-44;
___________SHARPE, J.P., Lieutenant (N), was defence counsel in the Standing Court Martial of R. v. Levis CM 34, St-Jean, Québec, 31 March 1988, source of information: MADSEN, C.M.V. (Chris Mark Vedel), Military law and operations, Aurora (Ontario): Canada Law Book, c2008-, vol. 3, at p. APP2: 1988-7;
SHAW, Amy J. (Amy Jeannette), 1972-, "Conscientious Objection in
Manitoba during the First World War", (Fall 2016) 82
Manitoba History 22-27; available at http://www.mhs.mb.ca/docs/mb_history/82/mh82web.pdf
(accessed 3 January 2019);
Image
source: http://www.uleth.ca/artsci/history/meet-our-faculty-staff,
accessed 19 July 2017
Amy Shaw, History Department
University Lethbridge, Alberta
___________ These strange,
ridiculous and contradictory creatures: conscientious
objection in Canada during the First World War,
Ph.D. thesis, University of Western Ontario, 2005, 287 p.;
This dissertation offers an examination of conscientious objection in Canada during the First World War. Under the Military Service
Act (1917) exemption from combatant service was available to members of organized and well-recognized religious denominations with
clear proscriptions against military service. Conscientious objection in Canada, then, was provided for on corporate, rather
than individual grounds. This dissertation looks at the implications of conscientious objection being considered a privilege
accorded certain minority groups, rather than an individual right. It examines some of those who chose to object conscientiously,
their reasons for so doing, and their treatment by the Canadian government and military. It also discovers how the wider Canadian
public understood objection, the perceived differences between bona fide and illegitimate objectors, and thereasons why conscientious
objectors were not able to mount any organized resistance to conscription along the lines of the No-Conscription Fellowship in Britain.
It looks at the place of conscientious objection in the evolution of ideas about citizenship and obligation, and the degree to which
the experience of the First World War informed the experience of objection in the Second. This dissertation uses government documents,
newspapers, courts martial records, and church histories in order to examine who objected in the First World War, and how these
individuals corresponded to the mainstream stereotype of the Canadian conscientious objector. It contributes to ongoing discussions
surrounding Canadian peace history, religious freedom, the relationship betweenvoluntarism and obligation in civil society.
[source: http://amicus.collectionscanada.ca/s4-bin/Main/ItemDisplay?l=0&l_ef_l=-1&id=761030.487595&v=0&lvl=1&coll=18&rt
=1&itm=33059358&rsn=S_WWWshanYKYYm&all=1&dt=AW+|courts+martial|&spi=-&rp=1&v=1, accessed on 7 July 2013]
SHAW, W.M.W. ("Mac"), Lieutenant-Colonel, OJAG member, see
"Army Appointments", The Globe and Mail, 2 November
1946, at p. 8, available at https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview/1325771558/fulltextPDF/28E057ADABB54499PQ/43?accountid=46526
(accessed 20 July 2018);
Acting Lt.-Col. W.M.W. Shaw, 33 of Winnipeg, is to be deputy
judge advocate-general.
___________Major W.M.W. Shaw acted as the Judge
Advocate in the General Court Martial referred to in the
article: "Evidence Ended At Harvey Trial By Court-Martial", The
Globe and Mail, 29 March 1946, at p. 10:
Pressing (and holding) the Ctrl key and scrolling the
wheel of the mouse allows to zoom in or out of the web page being viewed
ProQuest Historical Newspapers:
Source: https://search-proquest-com.ezproxy.biblioottawalibrary.ca...,
The Globe and Mail, accessed 25 November 2018
___________Major W.M.W. Shaw acted as the Judge
Advocate in the General Court Martial referred to in the
article: "Trial of Soldier by Court Martial Nears Conclusion", Hamilton
Spectator, 1946/04/05, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5134568
(accessed 3 September 2018);
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
___________Major W.M.W. Shaw, from Montreal, was
defence counsel for Cpl (A.-Sgt.) John Hugh Harvey, of Britain's
Royal Army Medical Corps in a court martial composed of British
Officers, except the Judge-Advocate and prosecutor, see
"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);
___________on Major W.M.W. Shaw, was Judge Advocate in the
manslaughter trial referred in the article "Harvey Not Guilty of
Manslaughter", The Winnipeg Tribune, 14 March 1946 at p.
1; available at https://www.newspapers.com/image/..., accessed 27
May 2020; Harvey, Corporal (Acting Sergeant) tried for the
homicide of Private Friesen in Japan in 1944; trial held in
Canada; J.J. Kelly was defence counsel and Capt. F.W. Christie
from Winnipeg was the prosecutor;
___________photo of Col W.M.W. Shaw with others, "At Dinner
Dance" The Ottawa Citizen, Monday, 9 May 1955 at p. 12,
available at https://www.newspapers.com/...., accessed 28 May
2020;
Pressing (and holding) the Ctrl key and scrolling the
wheel of the mouse allows to zoom in or out of the web page being viewed
__________photo of Major W.M.W. Shaw in The Evening Citizen,
Ottawa, Friday, 1 November 1946 at p. 3; retrieved from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2337940343?accountid=46526,
accessed 1 May 2020;
Pressing (and holding) the Ctrl key and scrolling the
wheel of the mouse allows to zoom in or out of the web page being viewed
Chris Shelley, image source:
ca.linkedin.com/in/chris-shelley-44b5a866,
accessed 30 March 2020
SHELLEY, Chris, Colonel (retired), "A Lonely Impulse of
Delight...With Catastrophic Consequences", Flight Command,
Issue 2, 2019 at pages 23-29 available at http://flightcomment.ca/wp-content/uploads/2019/11/2-2019_EN.pdf
(accessed 30 March 2020);
Summary by François Lareau
On 14 October 1942, an RAF Sgt pilot has an aircraft accident in
Manitoba. The pilot cut an electrical high wire that fell on the ground,
electrocuting and killing two human beings. There are investigations and
a court martial. Well written.
SHEPARD, L.J., Major, Assistant Judge Advocate-General, in
military district number 13 with Headquarters in Calgary in
1946, see The Quarterly Army List, April 1946, Part I, London:
His Majesty's Stationery Office, 1946 at p. 184 (bottom page
number) or p. 183 (top page number), available at https://deriv.nls.uk/dcn23/8964/89641296.23.pdf
(accessed 21 March 2019);
__________on SHEPARD, L.J., Major, see "Appointed Legal Officer,
M.D. 13", Calgary Herald, Monday, 24 August 1942 at p. 13,
available at https://www.newspapers.com/...., accessed 25 June
2020;
___________on SHEPARD, L.J., Major, see "Calgary Legal Officer Is
Posted to Ottawa", Calgary Herald, Friday, 17 September
1943 at p. 17; available at https://www.newspapers.com/...,
accessed 20 May 2020;
Pressing (and holding) the Ctrl key and scrolling the
wheel of the mouse allows to zoom in or out of the web page being viewed
Image
source: en.wikipedia.org/wiki/Luis_Moreno_Ocampo, accessed 25
April 2017
Luis Moreno Ocampo
SHEPHARD, Michelle and Richard J. Brennan, "International court
could probe possible Canadian war crimes. The International
Criminal Court’s chief prosecutor says he will investigate war
crime allegations against Canadians over the handling of Afghan
detainees if Canada won’t.", thestar.com, 28 April 2011; available
at https://www.thestar.com/news/canada/2011/04/28/international_court_could_probe_possible_canadian_war_crimes.html
(accessed 25 April 2017);
Prosecutor Luis Moreno-Ocampo says in a documentary soon to be aired on TVO that Canadian officials are not immune to prosecution if there is
evidence that crimes were committed by handing over detainees to face torture.When Toronto filmmaker Barry Stevens asked Moreno-Ocampo in his film, Prosecutor, if the ICC would pursue a country like Canada over its role
in Afghanistan, he replied:“We’ll check if there are crimes and also we’ll check if a Canadian judge is doing a case or not . . . if they don’t, the court has to intervene. That’s the
rule, that’s the system, one standard for everyone.”
Image
source: linkedin.com/in/jim-sheppard-9420452, accessed 18 March
2018
Jim Sheppard
SHEPPARD, Jim, "Soldier's trial likely to test rights charter", Toronto Star, Mar 3, 1989, p. A28; supplementary information: first-degree murder in the death last June of 20-year-old Antoinette Charest; prosecutor Lt.-Col. Denis Couture; judge advocate: Pierre Boutet; pleaded guilty to manslaughter; defence counsel: LCol Alain Ménard; Jacques Talbot of Montreal, a forensic scientist and psychiatrist, testified at a sentencing hearing and stated that Pépin suffered delusions;
Description: Cpl. Christian Pepin, 27, of the Royal 22nd Regiment - popularly known as the Van Doos - goes before a military
tribunal at Canadian Forces Base Lahr on Monday. Pepin's lawyer, Lt.-Col. Alain Menard, said in a telephone interview from
Lahr that he intends to challenge the validity of the proceedings on the grounds the military tribunal will not be the kind of
independent and impartial body required by the Charter. Menard said he also intends to argue that the military has no right to
stage the court-martial in West Germany because the offence was committed in Hungary.
(source: http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Previous+Page&pag=prv&pageNumberComingFrom
=2&vl(13699702UI1)=all_items&fn=search&indx=11&dscnt=0&scp.scps=primo_central_multiple_fe&vid=01LOC&mode=Basic&ct=Previous%20Page&
tab=default_tab&vl(13699701UI0)=sub&vl(freeText0)=Menard%2C%20Alain%20&dstmp=1468003318329, accessed 8 July 2016)
SHEPPARD, Michel-Adrien, "Peacekeeping Resources", 26 July 2006,
available at http://micheladrien.blogspot.ca/2006/07/peacekeeping-resources.html
(accessed on 2 November 2014); Mr. Michel-Adrien Sheppard is a
reference librarian at the Supreme Court of Canada;
SHERIDAN, A.J., LCol, received the Judge Advocate General's legal
branch membership coin number 21, see http://www.lareau-law.ca/Coin2016.pdf
(accessed 6 October 2020);
Image
source: ca.linkedin.com/in/catherine-sheridan-harris-24994a85,
accessed 30
Catherine Sheridan-Demers
SHERIDAN-DEMERS, Catherine, "Fighting the Good Fight: A
Comparative Study of Military Ethics in Operations other than
War", (Sping 2002) 5(1) The Army Doctrine Bulletin at pp.
38-42, available at http://manualzz.com/doc/18405357/the-army-bulletin-canada%E2%80%99s-professional-journal-on-army-i...
(accessed 14 September 2017);
Image
source: msheriko.wordpress.com/, accessed 14 March 2017
Matt Sheriko
SHERIKO, Matthew, "Afghan Detainee Issue Still Unresolved for
Canada", available at http://www.connectionsmagazine.ca/story.aspx?issue=9§ion=50&id=286
(accessed on 2 November 2014);
[of interest on this subject];
Title: Out of the Ruins: The Wire’s Baltimore - Congress 2011
Descriptive info: Jun 3, 2011.. Sarah Bernstein, Experience Congress 2011.. McMaster University PhD candidate
Sarah Trimble’s paper, “Body-More, Murdaland: Geographies of Gender, Race, and Capital in HBO’s.. The Wire.. ,”
reads the show’s Baltimore, Maryland as a space of becoming.. Trimble begins with a discussion of.. ’s second
season, which opens with the discovery of thirteen Jane Does in a shipping container in the Baltimore harbor..
The port, in its last stages of physical and economic decay, becomes a site of convergence for space and flesh..
Jump cuts create visual proximities between the embodied vulnerability of trafficked female bodies and the death
of work for white, working-class men.. As trafficked bodies, the Jane Does act as economic supplements to
working-class labour, while representing, at the same time, the eclipse of the working-class labour sector.. The
Jane Does also suggest a “feminization” of work – serving as a reminder that the labour market has shifted in favour
of the service industry.. In this way, Trimble sees.. playing with the long (think Imperial) history of gendering ...
For Trimble, who is interested in finding other ways to read apocalyptic narratives,.. ’s ruined Baltimore develops
and rebuilds at the same time as it fissures to reveal the displaced, invisible bodies – the “collateral damage”
(incidentally, also the title of the season’s fifteenth episode) of this economic development.. Survivalist readings of
apocalyptic narratives amount to a “reconstituting [of] the family around a patriarchal model,” Trimble says.. Finding
an alternative reading, she feels, is ethically important.. “I was interested in the suppressed alternative, what happens
to women and children in the apocalyptic vision.. Trimble sees.. as exploring the “condition that we live in”: the ways
in which city-dwellers inherit proximities and fields of possibility from the city’s “spaces that open and close.. Histories
get materialized in our lives and bodies,” she says.. The city-space offers a “spectrum of futures.. The Wire’s.. apocalyptic
Baltimore is not just a ruin out of which something can be built; it is a site of excavation where visions and memories
themselves resonate.. Photo courtesy.. hirejoejohnson.. at Flickr..
Original link path: /2011/06/out-of-the-ruins-the-wire%e2%80%99s-baltimore/
Open archive
[source: http://archive-ca-2012.com/ca/c/2012-11-20_706822_2/Registration-Congress-2011/, accessed 14 March 2017]
SHERLOCK, Douglas Grant, The Doctrine of Hot Pursuit in
International Law, 1965, 137 leaves; thesis; OCLC number
45663698; Academic postgraduate diploma in law. Diss. London
1965; the author, Mr. Sherlock, died in 2013; member of the Office
of the Judge Advocate General; retired in 1979;
___________biographical notes on Douglas Grant Sherlock:
Douglas Grant Sherlock, Commander RCN CD, age 84, died on January 28, 2013 of Alzheimer’s Disease. He attended
University Hill School and then UBC, graduating in Arts and Law. In 1965, he received an Academic Postgraduate
Diploma in Law from Kings College, London University. His dissertation on the Doctrine of Hot Pursuit is still pertinent
today. After being admitted to the Bar, he joined the RCN as a Lieutenant and became a member of the Judge Advocate
General’s Branch. He served with distinction in Korea, Tokyo, Cairo, London, Bonn, Lahr, Oakville, Halifax, Victoria
as well as four postings in Ottawa. After his retirement in 1979, he utilized his carpentry skills not only at home but by
building his motorsailer Camas on which he spent many happy days sailing the Gulf Islands waters. He was a member
of the NOAC and the Brentwood Bay Power Squadron and volunteered as a driver for the Cancer Clinic. He was very
proud of his UEL roots and of being a second generation Vancouver-born.
[source: mccallbros.com/douglas-grant-sherlock/#comments, accessed on 11 January 2015; see also legacy.com/obituaries/timescolonist/
obituary.aspx?n=Clive-Langley-Rippon&pid=105325241, accessed 13 February 2016)]
___________on SHERLOCK, Douglas Grant, and his wife, see UBC
Alumni Chronicle, 30 June 1951 at p. 20 and available at https://open.library.ubc.ca/collections/ubcpublications/alumchron/items/1.0224367#p19z-3r0f:judge%20advocate
(accessed 18 April 2020);
Pressing (and holding) the Ctrl key and scrolling the
wheel of the mouse allows to zoom in or out of the web page being viewed
___________The Doctrine of Hot
Pursuit in International Law, Bruxelles : Société
internationale de droit pénal militaire et de droit de la
guerre, 1968, 110 p.; copy at Foreign Affairs and International
Trade, Library, Ottawa; note: extrait de (1968) 7(1) Revue de droit pénal militaire et de
droit de la guerre / Military law and law of war review
11-110;
___________on SHERLOCK, Lieutenant Doug, see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa
: Office of the Judge Advocate General, c2002, at p. 82, available
at i-xii and
1-102;
SHERWOOD, L.P., Lieutenant-Colonel, on, "slated for a position the
JAG branch", see the article "Col. L.P. Sherwood Court President
at Bowmanville", The Evening Citizen, Ottawa, 30 October
1942 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 at https://search-proquest-com.ezproxy.biblioottawalibrary.ca...,
accessed 29 April 2020
___________on SHERWOOD, L.P., Colonel, see "District Officers
Named to Standing Court-Martial", The Ottawa Citizen, 4
July 1944 at p. 10, available at
https://www.newspapers.com/image/...., accessed 24 June 2020;
SHIVJI, Salimah, "Military justice system doesn't breach charter
rights, Supreme Court rules", CBC Politics, 26 July 2019;
available at https://www.cbc.ca/news/politics/supreme-court-military-constitution-justice-1.5226104?cmp=newsletter-news-digests-cbc-news-politics
(accessed 27 July 2019);
SHOJAEI, Lt(N) Ruth, legal officer, member of the OJAG; photo of
Lt(N) Shojael with others:
"Office of the JAG @JAGCAF 2 hours ago [21 November 2018]
Maj Brian Jalonen, Maj Desmond Burton-Williams, Lt(N) Ruth Shojaei and Lt(N) Naomi
Watson, from our Admin Law Division recently took part in the@CBA_News Administrative Law,
Labour and Employment Law Conference, a great learning opportunity in these challenging fields of law.",
accessed 21 November 2018.
___________on SHOJAEL, Ruth, see https://ca.linkedin.com/in/ruth-shojaei-742294113
(accessed 21 November 2018); as a legal officer, regular force,
she attended the 2019 mandatory legal officer qualification course
at Canadian Forces Military Law Centre, CFB Kingston, see Access
to Information Act, DND Acess to Information and Privacy letter
dated 12 June 2019, File A-2019-00289;
___________photo of SHOJAEL, Ruth, Lieutenant (N) 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 McGarvan, Jamil Beauchamp-Dupont
and Kaila Morin!
SHOREY, George, "Bystander Non-Intervention and the Somalia
Incident", (Winter 2000-2001) Canadian
Military
Journal 19-28; available at http://www.journal.forces.gc.ca/vo1/no4/doc/19-28-eng.pdf
(accessed on 27 December 2011);
FRANÇAIS :
SHOREY, George, "La non-intervention des spectateurs et la
crise somalienne" (Hiver 2000-2001) Revue militaire canadienne 19-28; disponible
à http://www.journal.forces.gc.ca/vo1/no4/doc/19-28-fra.pdf
(vérifié le 27 décembre 2011);
___________“Disobedience of Professional Norms: Ethos,
Responsibility Orientation and Somalia,” in C.L. Mantle, ed., The Unwilling and The Reluctant:
Theoretical Perspectives on Disobedience in the Military,
Kingston, Ontario: Canadian Defence Academy Press, 2006, at p.
199;
SHORTENO, Peter V., on, see "Superior Court Post Goes To Local
Judge", The Gazette, Montreal, Wednesday, 3 March 1965,
available at https://www.newspapers.com/...., accessed 29 May
2020;
Excerpt
Pressing (and holding) the Ctrl key and scrolling the
wheel of the mouse allows to zoom in or out of the web page being viewed
SHYMKA, Ernesr, "Ernest Shymka Admitted to Bar", The Edmonton
Journal, Wednesday, 3 December 1968 at p. 10, available at
https://www.newspapers.com/...., accessed 28 May 2020;
Born at Smoky Lake...He entered theUniversity
of Alberta...received his LL.B.
....
Excerpts
SHYMKO, N., Captain, from Edmonton, member of the army's
JAG branch, see "Bar To Admit Army Member", Calgary Herald,
Friday, 8 September 1961 at p. 3; available at
https://www.newspapers.com/...., accessed 20 May 2020;
Image
source: , accessed 27 December 2016
Joanne Sibbald
SIBBALD, Joanne, Military Humanitarian Civic Assistance
Programs: Can the provision of care ever be wrong? An
examination of the biomedical ethical challenges faced by
military healthcare providers during deployed operations, A
thesis submitted to the Faculty of Graduate and Postdoctoral
Studies in partial fulfillment of the requirements for the Master
of Arts degree in Public Ethics Faculty of Philosophy Saint Paul
University July 2016, Ottawa, 2016, ix, 102 leaves; available
at https://www.ruor.uottawa.ca/bitstream/10393/35183/1/Sibbald_Joanne_2016_thesis.pdf
(accessed 19 September 2016);
Abstract
Military humanitarian civic assistance programs are short-duration medical missions during
which military healthcare providers provide medical treatment and assistance to a civilian
population. Created to provide medical care to populations in need, these programs have also
been utilized as a tool to support broader geopolitical and military aims. The inherent structure of
these programs can exacerbate or create situational vulnerabilities in the patient population.
Further, this structure may challenge the ability of military healthcare to adhere to the four
guiding principles of biomedical ethics: respect for autonomy, nonmaleficence, beneficence, and
justice. In examining these programs through a bio medical ethical lens, it is believed that many
of the challenges present in these programs can be mitigated through enhancements to pre-
deployment training and education for healthcare providers in vulnerability and biomedical
ethics, greater partnerships with local healthcare providers, and a re-examination of program-
specific policies and doctrine within senior government and the military.
SIEBERT, Sara R., Capt., "The Law of Interrogation Guide: Table of
Contents -- The Issue of Torture and Ill-Treatment", Office of the
Judge Advocate General, Strategic Legal Paper Series Issue 1, OPI:
DSLA, A-LG-007-SLA/AF-001, Issued on
Authority of the Chief of the Defence Staff, 2008-06-04;
available at http://www.forces.gc.ca/en/about-reports-pubs-military-law-strategic-legal-paper/law-interrogations-guide.page?
(accessed on 4 January 2014); also available at http://www.forces.gc.ca/assets/FORCES_Internet/docs/en/jag/strategic-legal-paper-1-law-interrogations.pdf
(accessed 2 September 2015);
Abstract
This paper discusses the law applicable to Canadian Forces
intelligence gathering interrogations activities that take place
in the context of international operations. The objective is to
provide a broad overview of the law of interrogation by
considering interrogation methods and techniques and exploring
what is meant by torture and illtreatment in this context.
In situations of armed conflict, International Humanitarian Law
(IHL) is applicable as lex specialis and human rights law
as lex generalis. This paper considers the minimum level of
protection to which detainees are entitled under the provisions
of IHL and the standards of treatment that define the acceptable
legal boundaries relevant to interrogations. In so doing,
the analysis also considers other areas and sources of law to
better understand and interpret the applicable legal obligations.
Finally, specific methods and techniques aimed at persuading a
detainee to cooperate are examined.
FRANÇAIS :
SIEBERT, Sara R. (Sara Rosemarie), Capt., "Le guide du droit
régissant les interrogatoires: Table des matières -- Les points
sur la torture et les mauvais traitements", Bureau du Juge-avocat
général, Série de documents juridiques stratégiques du cabinet du
juge-avocat général -- Fascicule 1, A-LG-007-SLA/AF-001,
Publication autorisée par le Chef d'état-major de la Défense,
BPR : JAG-DAJS, 2008-06-04, disponible à http://www.forces.gc.ca/fr/a-propos-rapports-pubs-droit-militaire-document-juridique/droit-interrogatoires-guide.page?
(vérifié le 4 janvier 2013); "Publié dans le cadre de la
Bibliothèque numérique canadienne, la Collection des documents
électroniques canadiens et de la Collection des politiques
officielles du Canada; see also for reference: http://uottawa-primo.hosted.exlibrisgroup.com/primo_library/libweb/action/display.do?tabs=detailsTab&ct=display&fn=search&doc=UOTTAWA_IIIb5373922&indx=23&recIds=UOTTAWA_IIIb5373922&recIdxs=2&elementId=2&renderMode=poppedOut&displayMode=full&frbrVersion=&rfnGrpCounter=1&query=any%2Ccontains%2Ccanada+military+law&search_scope=default&dscnt=0&scp.scps=scope%3A%28UOTTAWA_DSPACE%29%2Cscope%3A%28UOTTAWA_III%29%2Cscope%3A%28UOTTAWA_SFX%29%2Cprimo_central_multiple_fe&mode=Basic&onCampus=true&fctV=%5B2014+TO+2017%5D&vid=UOTTAWA&institution=UOTTAWA&queryTemp=canada+military+law&rfnGrp=1&prefLang=en_US&fctN=facet_searchcreationdate&fromDL=&vl(freeText0)=canada%20military%20law&vl(284248662UI0)=any&group=GUEST&dstmp=1486112410347
(accessed 3 February 2017);
___________In Pursuit of Complementarity: the Prosecutorial
Policy and Practice of the ICC, Trinity College, University
of Dublin, Ireland, 2007; (recherche en cours, 1er septembre
2015);
Sara Siebert
___________biographical notes on Sara Siebert, available at https://flsc.ca/about-us/council-of-the-federation/sara-siebert/
(accessed 28 February 2019);
Council Member nominated by the Law Society of Nunavut
Sara Siebert was nominated as a Federation Council Member by the Law Society of Nunavut in
2018. Her practice, based in Iqaluit, focuses on criminal defence at the trial and appellate levels.
Sara also sits on the Nunavut Criminal Code Review Board and is Counsel for Elections Nunavut.
....
Before moving to Iqaluit, Sara was Lead Criminal Counsel and Clinic Director for the Kitikmeot
Law Centre in Cambridge Bay. She previously served as a Legal Officer (Reserve) with the Office
of the Judge Advocate General of the Canadian Armed Forces, and deployed as a legal advisor on
Canadian Forces Operations overseas.
Sara Siebert
Siebert Law
P.O. Box 685
Iqaluit, NU
X0A 0H0
Tel: 867.222.9264
sara@siebertlaw.ca
SIEPKA, Magda (Magdalena/M.K.), about, see
"Front-Line Legal: Magdalena Siepka--Class of 1999" at pp. 30-32
of the article by Maragaret Anne Fer, "U of M Alumni World Class",
(2013) 8 Robson Fall Alumni Report at p. 27;
available at http://law.robsonhall.com/wp-content/uploads/2015/08/Robson_Hall_Alumni_Report_2012.pdf
(accessed 4 August 2018);
Magda Siepka
___________ "Legal Branch Represents at Sea During Op APOLLO",
(2004) 1 Les actualités JAG Newsletter 37;
All appears calm and quiet aboard the Operation APOLLO flagship, HMCS MONTREAL sailing
in the Arabian Gulf in support of the US-led Campaign Against Terrorism.
....
Training is a continuous process on the ship. Aboard HMCS MONTREAL, I was exposed to
and even practiced some of the skills required of sailors firefighting, shoring and repairing pipe
leaks. Much to the surprise of many, I discovered a hereto hidden talent of cutting a 4 x 4 with
speed and accuracy.
Magdalena Siepka, http://cbanational.rogers.dgtlpub.com/2009/2009-06-30/pdf/no_life_like_it.pdf,
accessed on 11 April 2014
" Office of the JAG @JAGCAF ]Legal Officers LCdr Patrice Desbiens, Capt Karine Bolduc, Capt Marc-Antoine
Sigouin, and Maj Pascale Cloutier completed a 5-day course on International
Humanitarian Law offered by@uOttawa and@redcrosscanada last week,
including realistic case studies and simulated scenarios." (accessed 7 June 2018)
Lieutenant Sigouin’s leadership and tactical acumen were an inspiration to his soldiers, during two combat
operations in Afghanistan, between August and October 2007. With soldiers withdrawing from combat due
to exhaustion and heatstroke, Lieutenant Sigouin kept the remainder of his troops focused on the mission,
and effectively led additional troops through intense enemy engagements. His determination greatly
contributed to the platoon’s operational efficiency and success.
Lisa
Silver, image source: https://ca.linkedin.com/pub/lisa-silver/64/14a/796,
accessed 16 June 2015
SILVER, Lisa A., "Entries in National
Defence
Act (1): Section 5 -- The Criminal Code and the Canadian Forces : Episode
8 of the Ideablawg Podcasts on the Criminal Code of Canada", 10 November 2013;
available at http://www.ideablawg.ca/blog/tag/national-defence-act
(accessed on 7 December 2013);
___________"The Suppression of Riots, Manifestly Unlawful Orders,
And The Prevention of Serious Mischief Under Sections 32 & 33:
Episode 37 of the Ideablawg Podcasts on the Criminal Code of
Canada", 29 March 2015, available at http://www.ideablawg.ca/?tag=military+law
(accessed 16 June 2015);
SILVERMAN, Peter Guy, A history of the militia and defences of British Columbia, 1871-1914, Master of Arts thesis, Department of History, The University of British Columbia, April 1956, 264 leaves, available at https://open.library.ubc.ca/cIRcle/collections/ubctheses/831/items/1.0107136 (accessed 25 January 2018);
SILVERSTONE, Jack, former
JAG officer, reserve, see http://www.therothwellgroup.ca/people/jacksilverstone/
(accessed 28 February 2019);
Jack Silverstone
Counsel
jacksilverstone@therothwellgroup.ca
Jack Silverstone, B.A., B.C.L., LL.B. (McGill), is an Ottawa-based lawyer.
....
He served as a primary reserve legal officer in the office of the Judge Advocate
General of the Canadian Forces.
SIMMS, Trina, former OJAG
officer, see under BUSSEY, Trina, supra;
SIMONEAU, J.-Urbain, capitaine, member of the OJAG during WW II,
see "Au service légal", La Presse, 4 octobre 1944, at p.
3, available at http://collections.banq.qc.ca/ark:/52327/2962786,
accessed on 25 July 2018; décédé
___________ décès (avis de), La Presse, 21 février 1974,
à la p. D 17;
___________renseignements sur Urbain Simoneau, La Presse,
28 mars 1944, à la p. 21 (consulté le 25 juillet 2018);
It is with great sadness we announce the passing of Brigadier General (Retired)
James McGarry Simpson CD, QC at the Perley & Rideau Veterans' Health
Centre on December 7th, 2020 in his 98th year. Beloved husband of 63 years
to the late Shirley Simpson (nee Kingsmill), and loving father to Paula Simpson
(Dale Carson) and Tim Simpson (Stephanie Shover). Proud grandfather to
Jamie Janes (Matthew Janes), Corey Carson (Behnaz Nouralian), Amanda
Carson (Christopher McFaul), and proud great-grandfather to Parker & Madison
Janes. Lovingly remembered by his nieces and nephews Penny and Stan
Kennedy, Jamie and Gloria Duhame, Ken and Peggy Gibson and fondly
remembered by many extended family members in Ottawa, Winnipeg,
Western Canada, the United States and Scotland.
Born in Winnipeg, Manitoba on February 1st, 1923 to the late Charles and
Margaret (nee McGarry) Simpson, Jim enlisted to go to war where he eventually
became a night-flyer mosquito navigator in the Royal Canadian Air Force.
Upon return to Canada, he attended the University of Manitoba while spending
summers photo-mapping the Northwest Territories. He graduated from Manitoba
with a law degree, Harvard Law School with a Masters in 1959, and then from the
Royal Military College in London, England in 1964. Jim ascended the ranks to
become a respected and accomplished lawyer and was appointed Judge Advocate
General of Canada in 1972. He retired in 1976 after 36 years in the military to
work as an international contract lawyer for the United Nations in both New York
City and Vienna, and occasionally for the Law Reform Commission of Canada and
private law firms.
To know Jim was to know truth, kindness, humility and generosity. A true gentleman
with a sharp wit and a master of pun, his sense of humour always kept those around him
laughing. He loved music from an early age, and was an avid golfer and runner. He began
long distance running in his early fifties, and completed five full marathons with his first
at the incredible age of 72. Jim was an esteemed member of the community and an
inspiration to many with his never ending work ethic, supportive personality and long list
of accomplishments. He lived a long, happy and always active life closely surrounded by
family, friends, neighbours and pets.
Please join our family, friends and loved ones on Monday, June 12th 2023 in the MAIN BUILDING of BEECHWOOD CEMETERY for a memorial visitation, reception and funeral service to celebrate Jim's accomplished 97 years of life.
11:00am -1:00pm - VISITATION in the Canadian Forces Hall of Colours with a light LUNCH RECEPTION in the main building.
***** Please RSVP with the number of attendees for the in-person lunch*****
1:00pm - MEMORIAL SERVICE in the Sacred Space chapel. Guests unable to attend in person can register for the livestream at:
https://forever.link/beechwood/james-mcgarry-simpson-cd
2:10pm - VEHICLE PROCESSION to the National Military Monument led by the Canadian Forces Honour Guard (optional).
2:20pm - PROCESSIONAL MARCH to the graveside led by the Canadian Forces Honour Guard.
2:30PM - GRAVESIDE INTERMENT
[Received this email from Benoît Pinsonneault on 1 June 2023]
------------------
Testimonies from former JAGs:
Dear Simpson Family,
I was a young Captain joining the Legal Branch about the time Jim was leaving. Nonetheless,
he had already establish an impressive reputation as a low-key, professional, effective and caring
JAG. Every new offcier was well aware of Jim’s commitment to the OJAG and the rule of law.
His career was one to be admired and served as an example to us all. Over my career, I had several
occasions to speak with Jim. He always made the time to It was with much sadness that I heard of Jim’s recent passing. I offer my sincere condolences.speak with and mentor younger officers.
I always learned much from him. When I became JAG, I had the distinct honour of hosting Jim,
and other past JAGs, at the the JAG 100th Anniversary Ball in 2011 in Ottawa. Jim was in fine
shape and great humour. We all enjoyed his company and stories of days past. He will be missed
but he leaves a great legacy. His spirit lives on. I thank him and his family for their many sacrifices
in the service of the OJAG, the CAF and Canada. Fiat Justitia (Let Justice Prevail). Take care.
-------
Contribution of BGen Simspon to the
Law
Contribution du Bgen Jim Simpson à la Commission
Reform Commission of
Canada
de réforme du droit du Canada
SIMPSON, James M. and the LAW REFORM COMMISSION OF CANADA, Extraterritorial
Jurisdiction, Ottawa: Law Reform Commission of Canada, 1984,
[xiii], 210 p., (series; Working Paper; 37), ISBN: 0662136039; pdf
conversion finished on 10 November 2006; information on the
French version/informations sur la version française, COMMISSION
DE
RÉFORME DU DROIT DU CANADA, La juridiction extra-territoriale,
Ottawa: Commission de réforme du droit du Canada, 1984, [xiii],
222 p., (Collection; Document de travail; 37), ISBN: 0662928776;
la version française a été mise en ligne le 19 novembre 2010;
ENGLISH VERSION
"Source: Extraterritorial
Jurisdiction,
Working Paper 37, 1984.
Department of Justice Canada.
Reproduced with
the permission of the Minister of Public
Works and
Government Services Canada, 2006."
- Table of
Contents;
- [i-xiii] and 1-99;
- 100-210;
___________ La juridiction extra-territoriale, Ottawa:
Commission de réforme du droit du Canada, 1984, [xiii], 222 p.,
(Collection; Document de travail; 37), ISBN: 0662928776; la
version française a été mise en ligne le 19 novembre 2010;
VERSION FRANÇAISE
"Source : La juridiction extra-territoriale,
222 pages,
Commission de
réforme du droit du Canada, 1984. Reproduit avec la
permission
du ministre des Travaux publics et Services gouvernementaux
Canada, 2010."
- Table
des matières;
- [i-xii] et
1-103;
- 104-222;
SIMPSON, Jay (J.G.), LCol, "Address of the Australian
Defence Force Inspector General"
(May/Mail 2009) Sword & Scale -- Salut militaire;
available at http://www.cba.org/CBA/newsletters-sections/2009/PrintHTML.aspx?DocId=37322#top
and http://www.cba.org/CBA/newsletters-sections/2009/PrintHTML.aspx?DocId=37322#article15
(accessed on 29 April 2012);
FRANÇAIS:
SIMPSON, Jay, "Allocution de l'inspecteur général de la
Force de défense de l'Australie"
(May/Mai 2009) Sword & Scale -- Salut militaire;
disponible à http://www.cba.org/abc/nouvelles-sections/2009/2009-05_military.aspx
(site
visité le 29 avril 2012);
Jay
Simpson (right) receiving his CD1 from Cdr Pelletier (source:
(2006) 1 JAG Les actualités -- Newsletter 7)
___________"Can Asist Assist You?", (2007) 1 JAG Les actualités Newsletter 43;
____________ "A
Note on Section 95 of the NDA -- Abuse of Subordinates / Note
sur l'article 95 de la LDN -- Mauvais traitement des
subalternes", (2007) 1 JAG Les actualités Newsletter 75;
___________on LCol Jay Simpson, see photo hereunder:
Source of photo: Lookout, MARPAC News, CFB Esquimalt, 3 April 2018,
at p. 14, available at http://www.lookoutnewspaper.com/issues/63/2018-04-03-13.pdf, accessed 22 April 2020.
__________"Substantive Review
Assignment", (2004) 1 Les actualités JAG Newsletter 27-30;
résumé en français à la p. 27;
David
Sinclair in Afghanistan, image source: (2004) 1 Les
actualités JAG Newsletter at p. 38.
SINCLAIR, David, Lieutenant-Colonel, "Eminent Jurists deem courts
martial fair", The Chronicle Herald -- Herald Opinions, 1
October 2013; available at http://thechronicleherald.ca/letters/1157818-eminent-jurists-deem-courts-martial-fair
(accessed on 3 November 2013); Lieutenant-Colonel David Sinclair
is a JAG officer and AJAG (Atlantic) at the time of the article;
___________on David Sinclair, see Cristin Schmitz, "Troops fear
traffic crash policy puts them at risk. Poor Afghans could
intentionally collide with ilitary vehicules to get compensation",
The Ottawa Citizen, Sunday, 7 December 2003, available at https://www.newspapers.com,
accessed 17 May 2020;
excerpt only
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
___________Photo of David Sinclair playing bass with
singer:
"From left, Dave Sinclair on bass with vocalist Clark Colwell with the band
Lateby10, from the Office of the Judge Advocate General, at Rockable Hours.
Photo by Caroline Phillips", source: obj.ca/article/legal-community-amps-it-rockable-hours-
benefit-ottawa-food-bank, accessed 7 June 2019.
"Office of the JAG @JAGCAF 5 hours ago [5 June 2019] It’s official! Effective July,
the AJAG Eastern CWO, CPO1 Pivin will be the new College CWO at@RMCCanadaCMR
in Kingston. The senior appointment ceremony took place at AJAG Eastern office with
CPO1 Bolduc, LCols Sinclair and Tremblay.
SINCLAIR, John S., Captain, deputy judge advocate general, acting,
22 August 1812, British army staff, 1812, see L. Homfray Irving,
Canadian Military Institute, Officers of the British forces in
Canada during the war of 1812-15, [Place of
publication not identified] : Welland Tribune Print, 1908, ix, 309
pages; 22 cm, at page 19, available at https://archive.org/details/officersbrit00irvirich,
accessed 2 June 2020;
- Table of
Contents
- Complete Book
Current: SA 2 JAG at Department of National Defence
Past: Associate Deputy Minister Policy-Staff Officer at Department
of National Defence, Adminsitrative Assistant to Director of Assets Management...
Education: University of Ottawa / Université d'Ottawa, Athabasca University, University of Ottawa / Université d'Ottawa
Image source: ismllw.org/REVIEW/mllwr%20EB.php, accessed 28
February 2018
Sandesh Sivakumaran
SIVAKUMARAN, Sandesh, University of Nottingham, "Who Makes
International Law? The Case of the Law of Armed Conflict", 7
December 2017, 32 p., available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3084238
(accessed 28 February 2018);
Weapons treaties have tended to emerge through different processes. In the case of the campaign to prohibit anti-personnel mines, for example,
the driving forces were non-governmental organizations.17 The ICRC also played an important role, as did a core group of states led by Canada.18
The campaign ultimately led to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on
their Destruction, which was adopted by states at a diplomatic conference in Oslo, and subsequently opened for signature in Ottawa....
------
....
17 K Anderson, ‘The Ottawa Convention Banning Landmines, the Role of International Non-governmental Organizations and the Idea of International Civil Society’
(2000) 11 European Journal of International Law 91, 104.
18 See MA Cameron, BW Tomlin and RJ Lawson (eds), To Walk Without Fear: The Global Movement to Ban Landmines (OUP, 1998); L Maresca and S Maslen,
The Banning of Anti-Personnel Landmines: The Legal Contribution of the International Committee of the Red Cross (CUP, 2000).
[at p. 4]
-----------------------------------------------------------
The US DoD Law of War Manual notes that the law of war manuals of Australia, Canada, Germany and the UK were ‘helpful’ in the preparation of the Manual.68
The international group of experts that drafted the Tallinn Manual 1.0 note that they
‘regularly reference the military manuals of four States – Canada, Germany, the United Kingdom, and the United States. The international legal
community generally considers these four manuals to be especially useful during legal research and analysis with respect to conflict issues, although
their use should not be interpreted as a comment on the quality of any other such manuals. Moreover, the International Group of Experts included
members who participated in the drafting of each of the four manuals. These members were able to provide invaluable insight into the genesis, basis,
and meaning of specific provisions. Finally, unlike many other military manuals, these four are all publicly available.’69
------
68 Pages iv-v.
69 Tallinn Manual 1.0, 8.
[at pp. 13-14]
Abstract
In 1993, the Canadian peacekeeping operation in Somalia came under international scrutiny when a
young Somali, Shidane Arone, was beaten to death. His killing cast a dark shadow over a Canadian
mission that aimed to provide humanitarian assistance and ensure Canada’s international reputation
as a promoter of human rights. Subsequent investigations revealed that 2 Commando, the unit that
killed Arone, had been involved in several violent incidents with civilians. However, other Canadian
units in similarly hostile conditions had offered comfort and assistance to civilians. After examining
training records, enforcement of civilian protection norms, and unit subculture, the author finds that
2 Commando had developed a pernicious subculture that led them to quickly escalate situations to
violence and endanger civilians. Although responsibility for Arone’s death was properly attributed
to the members of the unit, failures in socialization, particularly in ignoring 2 Commando’s
countercultural subculture, occurred throughout the chain of command.
[source: https://link.springer.com/chapter/10.1007/978-3-319-77691-0_5, accessed 24 June 2019]
SKATFELD (sometimes we read SKATFIELD), C.R.J. (Clare Richard
James), Flight Lieutenant, part of the JAG branch, see "Advocate
General To Open New Branch", Calgary Herald, 15 April 1954
at p. 8; available at at https://www.newspapers.com/...., accessed
20 May 2020;
___________on SKATFELD, Clare see his photo with article under
the title "Meet Clare Skatfeld the New Democrat Candidate
Candidate for M.L.A. in Lillooet", Squamish Times, 12
September 1963 at p. 3, available at , accessed 26 June 2020;
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
SKINULIS, Richard, "News -- Train Everyone as if they're
going to be the boss: JAG", 10 May 2013 The Lawyers Weekly 9; about Major-General
Blaise Cathcart, Canadian Forces JAG's speech at the 2013 Spring
Conference of the Canadian Corporate Counsel Association in
Toronto;
SLOANE, R.H., Lieutenant, "Standing Board to Try
Soldiers--General Court-Martial Personnel to be Chosen From These
Officers", The Globe, Toronto, 21 August 1918, at p. 7;
To facilitate general courts-martial, which have become so common
lately, the Militia Department is establishing standing boards of
officers to sit on general courts-martial in the various military districts.
.... In the Toronto Military District...Lieutenant-Colonel J.A. Macdonald,
Q.C. is appointed Judge Advocate, and Lieut. R.H. Sloane, 1st Depot,
1st C.O.R., will act as prosecutor.
SMALL, Jordan, "Busking soldier gets 10 days of confinement", Toronto
Sun, 31 January 2014, available at http://www.torontosun.com/2014/01/31/busking-soldier-gets-10-days-of-confinement
(accessed 9 Januray 2017);
SMART, I.M.H. and G.G. Bell, "The armed forces and the civil
authority controlled violence. Aiding national development",
Toronto: Canadian Institute of International Affairs, 1972, 14 p.;
series: Behind the headlines, vol. 31, number 7-8; note:
title noted in my research but document not consulted (26 July
2015); The Canadian International Council (CIC) produces Behind
the Headlines, formerly published by the CIIA; copy
at University Ottawa, MRT
Periodicals - MRT 6th floor, FC 1 .B425 v.1- 1940-;
SMITH, Arthur Leroy, about, in "Urges Civilians Be Given Charge
of Courts-Martial", The Globe and Mail, 24 August
1946, at p. 8;
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
ProQuest Historical Newspapers:
Source: https://search-proquest-com.ezproxy.biblioottawalibrary.ca...,
The Globe and Mail, accessed 2 March 2019
Arthur Leroy Smith
Progressive Conservative
___________House of Commons, Hansard, 23 August 1946:
Mr. SMITH (Calgary West):
...of the time of the committee to mention two matters of concern about which
I know something. I have no military achievements whatsoever, with the exception
that once I was a lance-corporal in the boys' brigade of the Methodist church in
Regina. That is as far as I got. Therefore I do not discuss matters of a military
nature. However I should make a suggestion to the minister, one which I have no
doubt has been made before. It has reference to courts martial. During the war I
appeared in quite a number of them, one of which I remember lasted eight days-and
perhaps may I say, in my own defence, appearing at all times without fee, as perhaps
a little contribution I might make in my own way to the war effort. But in my view
the whole system of courts martial is wrong. I am not referring to what an officer
in the field may do in respect of those minor things over which he has charge, My
suggestion is that in each military district there should be an appointee who would
be in the position of judge, and that such appointee would not be in uniform, but
would be in civvies. He would have nothing to hope for by way of promotion,
because there would be no further opportunity for promotion. Why do I make this
suggestion? I have in mind a court martial of an officer holding the rank of lieutenant-
colonel. On the court were five officers, two of whom were brigadiers. We had a
judge advocate from Victoria- and a very fine one at that. We had a prosecutor from
London, Ontario. That court martial lasted eight days, and ended with a reprimand,
or exactly the same decision which had been rendered by the district officer commanding
in district 13, Brigadier Harvey. I am sure that court martial must have cost the country
between $4,000 and $5,000; and I refer to it only by way of example. That court martial
had been ordered by the then minister of national defence, Colonel Ralston. The men
who comprised the court were fine men, honest men-I have no criticism in that respect
at all. But they all had certain ambitions in the army. And no one can tell me that after
going through the history of a case, where there has been a court of inquiry and where
a district officer has made a decision, following which the court martial has been
ordered, the persons sitting in judgment are not going to be affected by those conditions.
Unconsciously they will. Let us take another case, comiflg down to lower ranks. We find
that a court martial has been held and perhaps an acquittal ordered or a light sentence
imposed. I state no secret when I say that it is a custom in the army for the divisional
commander, or whatever his rank may be-the person higher up, anyway-to telephone or
to send notes saying, for example, "if this thing goes on, discipline will be weakened"-or
will disappear. In other words my thought is that justice cannot Supply-Defence-Army
be administered properly when, all the time, there is a senior officer back somewhere who
is in a position to criticize, and who is always in a position to assist by way of making
promotions. On the financial side-and I advance this idea for the minister's consideration-on
the financial side I am quite sure that it would not be an added expense. As you know, when
senior officers are charged you endeavour to bring in persons not in that area and so the
expense adds up. I make the suggestion knowing perfectly well that you cannot do
anything about it now. I had about ten experiences with courts martial during this last war;
I am not complaining about what they did-that is not the points- but it does seem to me that
there is something well worthy of thought and I am inclined to think that the suggestion I
have made may be of value. I turn now to something which may not be regarded as being
so constructive, the letter from the commissioner of the mounted police.
[source: https://www.lipad.ca/full/1946/08/23/3/#1442292, accessed 2 March 2019]
SMITH, C., Major, legal officer with the OJAG, see https://www.lawyerscanada.net/maj-c-smith/
(accessed 20 August 2018);
SMITH, Donald Blair, The Removal of the Imperial Limitations
from the Canadian Constitution, A thesis submitted for the
degree of Master of arts in the Department of Economics of the
University of British Columbia, April 1925, 80 p., and see
"The Army and the Navy"at pp. 34-42; available at https://open.library.ubc.ca/cIRcle/collections/ubctheses/831/items/1.0099510(accessed
15 March 2018);
SMITH, Geoffroy G., Major, legal officer with the OJAG, works at
Edmonton (information as of April 2017);
___________photo of SMITH, Geoffroy G., Major, with others:
" Office of the JAG @JAGCAF 15 hours agoWe are pleased to quite often host law students in our offices as interns. Seen here are
@UAlbertaLaw students Sarah Offredi and Luke Stretch with Cdr Thomas Flavin and the AJAG team in Edmonton."
Major Geoffroy G. Smith is first on the left.
SMITH, Graeme and Campbell Clark, "Top soldier [The CDS General
Rick Hillier] changes tack, expresses doubt on deal", The
Globe and Mail, 3 May 2007, available at http://www.theglobeandmail.com/news/world/top-soldier-changes-tack-expresses-doubt-on-deal/article94447/email/
(accessed 4 April 2017); also available at http://milnewstbay.pbworks.com/f/rad86A5D.pdf
(accessed 19 January 2019);
-- 1st Judge Advocate General, 1911-1918
Lieutenant-Colonel Henry Smith in 1894,
subsequently Major-General
SMITH, Henry, 1837-1923, in World War I Canadian Generals,
125 pages at p. 68, first Judge Advocate General, Canadian
militia; available at http://www.blatherwick.net/documents/General%20%26%20Flag%20Officers%20WWI%20and%20WWII/01%20World%20War%20I%20Canadian%20Generals.pdf
(accessed 8 October 2017);
Major-General Henry SMITHFirst Judge-Advocate General Canadian Militia
Born: 01/08/1837 Montreal, Quebec
Married:1866 Charlotte Honey of Cobourg, Ontario
Children: 3 Daughters
Died: 14/03/1923 Ottawa, Ontario
Medals
1866 General Service Medal Fenian Raid 1866 Clasp
1885 Northwest Medal Saskatchewan Bar (MID)
Civilian
1865 Attorney Ontario
1898 Editor Canadian Military Gazette
1907 Lecturer Military Law, History, Admin McGill University
Military
1856 Private 1st Volunteer Militia Rifle of Cobourg
02/1862 Ensign 1st Volunteer Militia Rifle of Cobourg
01/1863 Lieutenant 1st Volunteer Militia Rifle of Cobourg
1864 Cadet Royal Military School Kingston (1st Class)
1866 Captain (*) No. 1 Company 40th Northumberland Battalion
1870 Captain OC No. 2 Company 40th Northumberland Bttn
01/1872 Brevet Maj or Brigade-Major – 6th Division
1876 Brevet Major End Brigade - Major– 6th Division to 40th
1882 Major 40th Northumberland Battalion
09/1883 Major Adjutant 40th Battalion (PF)
1883 Major OC-‘C’ Company 40th Battalion
1885 Major 40th Battalion to the Northwest Force
1885 Major Assistant Adjutant General NW Field Force
1885 Lieutenant-Colonel Command 40th Northumberland Battalion
07/1887 Lieutenant-Colonel Commandant Royal School of Infantry London
1887 Lieutenant-Colonel DOC- Military District #1
04/1888 Lieutenant-Colonel DOC and Deputy Adjutant General MD #1
1892 Lieutenant-Colonel Canadian Regiment of Infantry
1893 Lieutenant-Colonel Renamed Royal Regiment of Canadian Infantry
1896 Lieutenant-Colonel DOC - Military District #1
1898 Lieutenant-Colonel Begins 5 year Hiatus in Military Career
10/1903 Lieutenant-Colonel Military Secretary to Staff Militia HQ AG Office
05/1905 Lieutenant-Colonel Chairman Pension Claims Board
1908 Colonel Adjutant-General’s Office
10/1911 Colonel Judge Advocate General (JAG) age 74
12/1914 Brigadier-General Judge Advocate General (JAG) age 77
06/1916 Major-General Judge Advocate General (JAG) age 79
01/1918 Major-General Retires as JAG age 80
08/1919 Major-General Retires– last year an Advisor at HQ
(*) Served during the Fenian Raids; his father, Lieutenant-Colonel William
Smith, Commanded the 40th Northumberland Battalion
___________"Military Aid of the Civil Power,”
Canadian Military Institute, Selected
Papers, X
(1900), p.74; also search under Selected
Papers of the Canadian Military Institute, vol. 11;
research started on 4 March 2019; vol. 10 is at the Canadian War Museum, Hartland Molson Library/Musée canadien
de la guerre, Bibliothèque Hartland Molson, at , U 444 C2
C36; no.39:c.2; no.33; no.30:c.2; no.12; no .21; no.23; no.25;
no.26; no.28; no.30; no.31; no.39; research note: also look for
the title: Canadian Military Institute year book instead;
__________on Colonel Henry Smith, see his order-in-council about
his pay, "Judge Advocate General payt [payment] allowances $3500
p. an. [per annum] - Min. Mil. and Def. [Minister of Militia and
Defence] 1912/01/02"; available at https://www.bac-lac.gc.ca/eng/discover/politics-government/orders-council/Pages/item.aspx?IdNumber=303083
(accessed 3 December 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 Colonel Henry Smith, see discussion about him, in
the House of Commons, Committee of the whole, on Bill (No. 5)
respecting the Militia of Canada, the Militia Act, 1904,
22 March 1904, at columns. 258-259, available at https://parl.canadiana.ca/view/oop.debates_HOC0904_01/142?r=0&s=1
(accessed 30 November 2020);
___________on Colonel Henry Smith, see discussion about his
appointment in the Senate Debates, between the Rt. Hon. Sir
Richard Cartwright and the Hon. Mr. Lougheed, 29 March 1912, at p.
883, available at https://parl.canadiana.ca
___________on Lieutenant-Colonel Henry Smith, I would consult in
my research the following thesis : BEAHEN, William,
___________on Lieutenant-Colonel Henry
Smith, see "Pay of Lieut [Lieutenant]-Colonel Henry Smith as
Military Secretary on Headquarters Staff to be $2500 p.an. [per
annum] - Min M and D [Minister of Militia and Defence]
1903/10/24", available at (accessed 2 December 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
Major Henry Smith, Appointment Major Henry Smith to command D
Co. Infantry School Corps, London, Ontario - Minister of Militia
and Defence, 1887/07/16 recommended, introduced and approved;
order-in-council number 1887-1570; Register Number: Series A-1-d
, Volume 2773; Reference: RG2, Privy Council Office, Series
A-1-a. For Order in Council see volume 506, Reel C-3387 Access
Code 90; Privy Council minutes, 18-19 July 1887, (R.G. 2, Series
1, Volume 370), available at https://www.bac-lac.gc.ca/eng/discover/politics-government/orders-council/Pages/item.aspx?IdNumber=40628
(accessed 2 December 2020);
___________on Major-General Henry SMITH, see "The Militia
Act. Excellent Lecture by Lieut.-Col. Smith. Sweeping
Criticism of the Positions of the Minister and the general",
The Globe, Toronto, 10 January 1899 at p. 4, available at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....,
accessed 10 July 2020;
------
------
(1) (2) (3)
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
Image
source: http://www.forces.gc.ca/en/about-reports-pubs-military-law-annual-2011-12/ch-2-100th-anniversary-first-jag.page,
accessed 2 December 2014
"A ceremony at Major-General Henry Smith’s gravesite in Cobourg,
Ontario for the unveiling of a commemorative marker to
Major General Smith."
___________on Major-General Henry SMITH, see APPLETON, Ross A.,
Captain "Major-General Henry Smith: The Royal Canadian Who Became
JAG", 2011, 43 pages, available at http://web.archive.org/web/20120401011157/http://www.theroyalcanadianregiment.ca/downloads/MGenHSmith_JAG.pdf
(accessed on 26 December 201); see also http://web.archive.org/web/20130328083732/http://theroyalcanadianregiment.ca:80/individual_submissions/MGenSmith.html
(accessed on 26 December 2018); see also at http://www.cba.org/CBA/sections_military/newsletters2013/jag.aspx
and http://www.cba.org/CBA/sections_military/pdf/2013-05-jag.pdf
(accessed on 28 August 2013);
The basis of Canadian military law at this time [1911 ]was contained in four publications.
These were: King’s Regulations and Orders (1910), the Manual of Military Law (1907 Edition),
Part II of Field Service Regulations, and the Field Service Pocket Book.
[p. 41 of 43, at footnote 116]
[Research notes:
- Part II of Field Service Regulations, available at https://wellcomecollection.org/works/hje53va5/items?canvas=13&langCode=eng&sierraId=b2900276x
- Field Service Pocket Book, available at https://archive.org/details/b28998558]
____________on Major-General Henry SMITH, see APPLETON, Ross A.,
Captain, "The Royal Camadian who Became Canada's First Judge
Advocate General", Remembrance, vol. 1, at p. 23,
available at http://worassociation.ca/remembrance/volume_1/digital.html
(accessed 30 January 2019); excellent
one page biography!
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 Major-General Henry SMITH, see "Brig.Gen. Smith to
Conduct Inquiry", The Globe (The Globe and Mail,
Toronto), 6 November 1915, at p. 18, available at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/ ....
(accessed 5 February 2019);
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
___________on Major-General Henry SMITH, see "Fuse Inquiry
Nearing End. Mr. Russell Tells of Fuse-making
Arrangements", The Globe, Toronto, 2 June 1916, at
p. 4;
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
[Source: https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....,
ProQuest Historical Newspapers, accessed 5 March 2019]
[Research note to go further: see the report of the Royal Commission on Shell Contracts, 1916,
available at epe.lac-bac.gc.ca/100/200/301/pco-bcp/commissions-ef/meredith1916-eng/meredith1916-eng.pdf, accessed 5 March 2019]
___________on Major-General Henry SMITH, see McDONALD, R. Arthur,
(Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa
: Office of the Judge Advocate General, c2002, x, 242 p.,at pp.
15-18, 21, 25, 26, available at i-xii and 1-102;
-------------
Source of image:
riverwashbooks.com/product/
Desmond Morton, image source: ranker.com/
25698/The-Canadian-General-Sir-William-Otter
review/desmond-morton/847073 (accessed 10
January 2019).
-Morton-Desmond
___________on Major-General Henry SMITH, see MORTON, Desmond,
1937-, The Canadian General : Sir William Otter, Toronto :
Hakkert, 1974, xix, 423 p., [8] leaves of plates : ill., maps,
ports. ; 24 cm., Historical publication (Canadian War Museum),
0317-3860; no. 9; ISBN: 0888665350:
His [Otter's] second-in-command was Major Henry Smith, a Cobourg lawyer, and former brigade major, removed for political
reasons by the Liberals in the 1870s. Smith might be a politician but he was also a keen soldier. [pp. 94-95]
..........
There was another change which affected Otter even more directly. On January 1st, 1896, Colonel Walker Powell finally
retired. As senior Canadian-born officer in the force and adjutant general since 1875, filling Powell's shoes had become
the summit of Otter's reasonable ambition. An officer whom the newspapers constantly suggested as a suitable replacement
for the British general might, at least, be considered for the post. To others, it was by no means obvious. By some rights,
promotion was due to Lieutenant Colonel Matthew Aylmer, Powell's deputy. However, Aylmer was a Liberal. To his surprise,
Otter found that the favoured candidate was his old subordinate, lieutenant Colonel Henry Smith. According to Otter's only
influential Conservative friend, Lieutenant Colonel Richard Tyrwhitt M.P. Smith and his collaborators had been lobbying
government members for months. Now, organized delegations of Ontario Tory M.P.s were calling on the minister of militia.
Eight years before, Sam Hughes had promised Otter his own support and that of his newspaper: now he was on the other side.
With characteristic bluntness, Hughes justified his conversion to Colonel Smith. First, Aylmer, with his "grit proclivities," had
to be defeated. Then there was the powerful suspicion that Otter, as the friend of Buchan and Mutton, was not himself
immune from that contamination. In contrast, Henry Smith's allegiance was never in doubt: "He has always exercised his rights as
a freeman and voted for his party. More than that, he has, without injury or loss of time or service to the force, always contributed
more than his means would admit of sometimes for the old party."
.....In fact, the appoitment remained vacant. Colonel Tyrwhitt reported that Gascoigne had threatened to resign if the political
Colonel Smith was appointed... [pp. 151-152, footnotes omitted]
..........
He [Otter] might not, for example, have expected that they ["his new ennemies"] would command the full support of the Canadian Military Gazette
or that its elderly editor, his old subordinate, Henry Smith, already in full cry against the Liberal government, would so
cheerfully add Otter's to his list of intended scalps. Indeed, as the election approached, Smith displayed a wholly unexpected taste
for invective. [p. 269]
..........
His [Minister Hughes'] doctrine of political favouritism was straightforward enough. "Outside of promotions of high officials,"
he assured journalists, "I have no hesitation in saying that as between two men, one qualified and the other unqualified, the
qualified man being a liberal and the unqualified one being a Tory, the Liberal will get the job. But other things being equal,
both being qualified, the Tory will get the job." Of course qualification was very much a matter for the minister's own
judgement. .... Another [Otter's ]subordinate and bitter critic, long since retired, was Colonel Henry Smith, Hughes created
the appointment of judge advocate general for his old crony. [p. 310; footnote omitted]
Major-General Henry Smith, first, Judge
Advocate General, 1911-1918; image source: publications.gc.ca/collections/collection_2018/mdn-dnd/D1-16-2018-eng.pdf,
accessed 4 February 2019
___________on Major-General Henry SMITH, note that he was from 1898-1903, editor of The Canadian Military Gazette; research note: vol. 15(1900)-v.24(1909) of this publication is available, in bound, at the Canadian War Museum PER U 1 M55, in Ottawa; also Museum has 6 microfilm reels : illustrations ; 35 mm that covers the period 1898-1903; note: "All 63 volumes of the Canadian Military Gazette are available for viewing on microfilm in the Microfilm Room at the Royal Military College’s library, Kingston, ON", footnote 98, of APPLETON, Ross A., Captain "Major-General Henry Smith: The Royal Canadian Who Became JAG", 2011, 43 pages, available at http://web.archive.org/web/20120401011157/http://www.theroyalcanadianregiment.ca/downloads/MGenHSmith_JAG.pdf (accessed on 26 December 201)
___________on Major-General Henry Smith, note that the former JAG
was presiding a General Court Martial on 26 March 1918 in
Montréal; at the time Smith was no longer the JAG but still a
Major-General, even is he was over 80 years old!, see "Capt.
Saucier Broke Military Law: Signed Cheques in Blank, not Knowing
Regulation", The Globe (The Globe and Mail,
Toronto), 26 March 1918, at p. 16, available at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/ ....
(accessed 5 February 2019);
![]()
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
[1. To go further on the case of Paymaster and Honorary Captain Théodore Jean
Saucier, see "A Simple Reprimand: Hon. Capt. Saucier Exonerated of
Defalcation Through Blank Cheques", The Globe (The Globe and Mail, Toronto),
18 April 1918, at p. 5, available at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/ .... (accessed 5 February 2019)]
![]()
[2. To go further on the case of Paymaster and Honorary Captain Théodore Jean
Saucier, see "Capitaine en cour martiale", Le nationaliste, Montréal, 24 mars 1918, at p. 3, available at
collections.banq.qc.ca/ark:/52327/2662546 (accessed 5 February 2019);
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
[3. To go further on the case of Paymaster and Honorary Captain Théodore Jean
Saucier, see in French:
- "Le Cap. Saucier reconnu coupable", Le devoir, 26 mars 1918, p. 4, disponible à
http://collections.banq.qc.ca/ark:/52327/2799969 (consulté 5 février 2019);
- "Le Cap. Saucier est reprimandé", Le devoir, 17 avril 1918, p. 7, disponible à
http://collections.banq.qc.ca/ark:/52327/2799988 ( consulté 5 février 2019)]
___________on Major-General Henry SMITH and his appointment as Judge Advocate General in 1911, The Canada Gazette, vol. 45, number 22, 25 November 1911, at p. 2016, available at http://www.collectionscanada.gc.ca/databases/canada-gazette/001060-119.01-e.php?gen=2&image_id_nbr=179728&document_id_nbr=5923&f=p&PHPSESSID=2f4dt2r7uut3rvd9ccpl9ba4fcm6vr8cg50ehcpcfv4nlmvtejh1 (accessed 15 February 2019); pour la version française, voir la p. 2076;
-----------
___________on Major-General Henry SMITH and his duties as
Judge Advocate General as first issued in 1912, The Canada
Gazette, vol. 46, number 8, 24 August 1912 at p. 594,
available at http://www.collectionscanada.gc.ca/databases/canada-gazette/001060-119.01-e.php?gen=2&image_id_nbr=184190&document_id_nbr=5989&f=p&PHPSESSID=6t89akkhvrs9irkq117bv0jvjsvljnv2uh1tusmofto0dl82m2u1
(accessed 15 February 2019); pour la version française, voir la p.
641;
----------
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 Major-General Henry Smith and his promotion from
Brigadier-General to Major-General, see "8 New Generals Named in
Ottawa" The Globe [The Globe and Mail, Toronto], 15
December 1915, at p. 1, available at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/ ....
(accessed 5 February 2019);
[On the promotion from Brigadier-General to Major-General of Henry Smith]
....
___________on Major-General Henry Smith, see "The Militia
Magazines 1867-1916 & Canada’s Big House
'Parliamentary Colonel’s.' ", 30 September 2019, available
at https://canadaatwarblog.wordpress.com/2014/09/30/the-militia-magazines-1867-1916-canadas-big-house-parliamentary-colonels/
(accessed 19 March 2019);
Morton states; a predecessor of Smith’s as editor of the Gazette was “Captain” Fred Dixon. A Non-Permanent Active
Militia officer, he accompanied Canada’s First Contingent to South Africa in October 1899 as the Historical Recorder.
Dixon’s sudden departure for overseas duty would have likely prompted the appointment of Henry Smith to the vacant
editorship of the Canadian Military Gazette. [6] Col. Henry Smith was editor of the Canadian Military Gazette from
September 4th 1900 issue until the 13 September 1904 issue,.97[7]
....
The Canadian Military Gazette editorial policy was distinctly anti-Liberal, pro-Conservative, Imperialist’s, reflecting
viewpoints of the once mighty Militia Lobby in the House of Commons. Styled as the “Parliamentary Colonels,” even
though their numbers diminished, the Magazines editors ect., Militia colonels or officers from the NAPM, PAM took
the reins trough an epoch. However when Colonel Henry Smiths “a Militia reformer; an ardent Imperialist, an
Anglican.” [8] A former Permanent Force officer surprisingly editor of the Military Gazette, allied connections to the
NPAM [Non-Permanent Active Militia], Militia Lobby, Conservative Party; publishing militia affaires, airing irritations
on both sides, viewed pertinacious to their cause.
--------
[6] Morton, Desmond, The Canadian General: Sir William Otter, op. cit., pp 390, 393.[7] Morton, Desmond, The Canadian General: Sir William Otter, pp 390, 393.
[8] Morgan, Henry James; The Canadian Men and Women of the Time, Sec. Ed, p. 1,036.
[copy at Carleton University Floor 5 Books FC25 .M66 1912 LOCAL c.2 ; also at Ottawa
University: MRT General FC 25 .C28 1912; this book is available at ia800208.us.archive.org/2/items/canadianmenwomen02
morguoft/canadianmenwomen02morguoft.pdf]
___________on Major-General Henry Smith, see "Militia Dept.
[Department] Legal Branch to be constituted Major General Henry
Smith to vacate the Office of Judge Advocate Genl. [General] and
be 1 grade admin officer and Major O. M. Biggar to be Acting Judge
Advocate General at $6,000 a year - Min. Mil.", available at
(accessed 2 December 2020); available at https://www.bac-lac.gc.ca/eng/discover/politics-government/orders-council/Pages/item.aspx?IdNumber=323423
(accessed 2 December 2020);
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
Source of image:
https://www.uwindsor.ca/law/2015-08-18/cba-essay-winner,
accessed 21 May 2016
Photo of Laina Smith
SMITH, Laina, “The High Threshold for Environmental Damage in
Armed Conflict”, winning essay, Canadian Bar Review, Military Law
Section, 2015 Sword and Scale Essay Competition;available at http://www.cba.org/CBA/sections_military/pdf/Environmental_Damage_in_IHL_LSmith.pdf
(accessed 18 September 2015);
SMITH, Randy, JAG officer, retired in 2016; graduated US ARMY JAG
School, Charlottesville, Virginia, USA with Masters of Law degree
in military law in 1992;
___________on SMITH, Charles Randall, RCMP External Review
Committee, 14 May 2019, see https://www.erc-cee.gc.ca/cnt/bt/index-en.aspx
(accessed 19 May 2019); aussi disponible en français à https://www.erc-cee.gc.ca/cnt/bt/index-fr.aspx
(consulté le 19 mai 2019);
Mr. Charles Randall Smith was appointed the new Chairperson for the ERC for a
five year term beginning on June 18, 2019. He is presently performing the role
of Vice-Chairperson until that time, effective April 11, 2019. Mr. Smith served
with the Canadian Armed Forces for over 40 years, 30 of which were as a legal
officer with the Office of the Judge Advocate General (JAG). Mr. Smith served
with JAG in a number of positions, reaching the rank of Lieutenant-Colonel and
posted to a number of locations, including RMC Kingston, Ottawa, Petawawa,
and Edmonton. He was also the Senior Legal Officer on deployment to Kandahar,
Afghanistan. He is a graduate of College Militaire Royal de St Jean, holds degrees
in both Civil and Common Law from McGill University, and has a Master of Laws
degree from the US Army JAG School in Charlottesville, Virginia. Mr. Smith is a
member of the Law Society of Ontario.
-------
M. Charles Randall Smith a été nommé nouveau président du CEE pour un mandat
de cinq ans débutant le 18 juin 2019. Entre-temps, il occupe le poste de vice-président,
et ce, depuis le 11 avril 2019. M. Smith a servi dans les Forces armées canadiennes
pendant plus de 40 ans, dont 30 ans à titre d’avocat militaire au Cabinet du juge-avocat
général (JAG). M. Smith a occupé plusieurs postes au sein du Cabinet du JAG, où il a
atteint le grade de lieutenant-colonel et a été affecté à plusieurs endroits, y compris au
Collège militaire royal (CMR) de Kingston, à Ottawa, à Petawawa et à Edmonton. Il a
également été déployé à Kandahar, en Afghanistan, pour y occuper le poste d’avocat
militaire principal. Il est diplômé du Collège militaire royal de Saint-Jean, titulaire de
diplômes en droit civil et en common law de l’Université McGill et détenteur d’une
maîtrise en droit de la US Army JAG School, située à Charlottesville, en Virginie.
M. Smith est membre du Barreau de l’Ontario.
OTTAWA, April 18, 2019 /CNW/ - Today, the Honourable Ralph Goodale, Minister
of Public Safety and Emergency Preparedness, issued the following statement:"I am pleased to announce the appointment of Mr. Charles Smith as Chairperson of the
Royal Canadian Mounted Police External Review Committee (ERC).Mr. Smith's five-year appointment will begin on June 18, 2019 when Interim Chairperson
David Paradiso's appointment comes to an end. Until then, he will assume the role of
Vice-Chairperson, helping ensure a seamless transition between the incoming and outgoing
Chairpersons.Mr. Smith brings extensive legal experience to the position, including 30 years as a legal
officer with the Office of the Judge Advocate General for the Canadian Forces. I wish
Mr. Smith good luck with his new responsibilities.
Image
source for Randy Smith: http://everitas.rmcclub.ca/?m=201203&paged=3,
accessed on 18 November 2014
SMITH, Randy and Victoria Edwards, "E3161
Victoria Edwards (RMC 2003) interviewed 12339 LCol Randy Smith,
Director, Office of the DND/CF Legal Advisor/ Legal Advisory
Services", Posted by rmcclub on 11th March 2012,
available at http://everitas.rmcclub.ca/?m=201203&paged=3
(accessed on 18 November 2014):
e-veritas: You have also done operational deployments as a JAG officer?12339 LCol Randy Smith: In 2006, I deployed to Afghanistan as Legal Advisor with the National Command Element at KAF.
I was the advisor to BGen. (Now MGen) David Fraser, who was the commander of the Multinational Brigade for Regional
Command South in Afghanistan’s southern provinces in 2006. I was indeed fortunate to serve for MGen Fraser as his senior
legal advisor on Canadian legal matters; he was a real leader and a gentleman. I later presented a paper based on my experience
on the Rule of Law in Afghanistan “Law, reality on the ground, and the “no-man’s land” in between” at the Canadian Council
on International Law 35th Annual Conference: Individuals, States and Organizations (Oct 26th, 2006).
e-veritas: You returned to develop curriculum and teach law at RMC from 2000-2.
12339 LCol Randy Smith: In 2000, I was posted to the Office of Military Legal Education or OMLE (now called the Canadian
Forces Military Law Centre (CFMLC)) at RMC Kingston., a joint effort of the Canadian Defence Academy and the Office of
the JAG to provide innovative legal research, education and training to the CF. Developing curriculum and teaching two 3-4th
year courses at RMC took up 70% of my time. Within the broader context of Public International Law, The (LOAC) course
POE488 considers LOAC`s two branches, the jus ad bellum (the right to the use of force) and the jus in bello (the law applicable
in conflict). POE486 Air and Space Law focuses on the international and national law applicable to air operations and outer space
activities, particularly of a military nature.
......
e-veritas: Your current position is varied compared to a traditional practice in administrative and personnel law.
12339 LCol Randy Smith: As Director, Office of the DND/CF Legal Advisor/ Legal Advisory Services, I supervise a team of
5 Justice lawyers, 4 Military lawyers, and 2 administrative assistants. The DND/CF LA provides legal services to the DND/CF
in all areas of the law, except those related to military law, military discipline, and the military justice system for which the
Office of the Judge Advocate General (JAG) is responsible. The DND/CF LA is organized into four divisions: Litigation and
Legal Advisory Services; Commercial Law Advisory Services; Public Law Advisory Services; and Support Services (e.g. finance,
human resources, information technology). The DND/CF LA provides legal services on issues relating to public law (e.g. human
rights, Charter of Rights, Aboriginal matters, access to information and privacy, labour and employment law, official languages),
national security law, legal risk management, contracting and procurement, environmental law, real property law, claims and civil
litigation, intellectual property law, Defence Administration Orders and Directives (DAOD) drafting, and legislative support.
......
12339 LCol Randy Smith: I started my career in JAG serving as defense counsel and prosecutor in both official languages.
As a legal advisor with Chief Military Personnel, I served as counsel on many cases related to the principal of
“universality of service” within the larger context of human rights. Universality of Service requires members
to perform general military duties, such as maintaining physical fitness, in order to continue service
with the Canadian Forces.I served as legal advisor to Canada Command from 2007-10, which is responsible for the day-to-day oversight
of domestic and continental routine and contingency Canadian Forces operations. The Command has a lead
role in: Daily domestic and continental operations, including in the Arctic and through NORAD;
Support for major events held in Canada, such as the 2010 Olympic and Paralympic Winter Games;
Response to a terrorist attack; and Support for civilian authorities during a domestic crisis such as a natural
disaster. This posting was exciting, and involved very long hours, often in the middle of nights and on weekends.
SMITH, Robert, Lieutenant-Commander, "The Use of Force in CF
Operations", lecture Canadian Forces College, Toronto, 25 January
2012 with slides; this reference was found in note 44 at p. 22 of
R.S. DUNN, Non-Lethal Weapons
(NLWs): The CF's Approach to Non-Lethal Weapons & The
Strategic Ostrich Effect, Canadian Forces College,
JCSP 38, 7 May 2012; available at http://www.cfc.forces.gc.ca/259/290/298/286/Dunn.pdf
(accessed
on 8 December 2013);
SMITH CROSS, Jessica, "One in 13 women sexually assaulted in
Canadian military: StatsCan", Metro News, 15 August 2014;
available at http://metronews.ca/news/canada/1126872/one-in-13-women-sexually-assaulted-in-canadian-military-statscan-survey-says/
(accessed on 25 November 2014);
The Canadian Forces Mental Health Survey, 2013, was conducted by Statistics Canada, in conjunction with
the Department of National Defence.
......
University of Ottawa PhD candidate Ashley Bickerton is studying military sexual assaults. Bickerton said the
sexual trauma data was welcome but criticized the definition of sexual assault used in the survey....
SMITHERS, John, Major, legal officer, was the prosecutor in the
following court martial referred to in the article: Canadian
Press, "Naval court rejects drunkenness claim. Officer
dismissed for sexual assault", The Globe and Mail, 11
November 1994, at p. A8;
Pressing (and holding) the Ctrl key and scrolling the wheel of the mouse allows
Source: ProQuest Historical Newspapers, https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview,
to zoom in or out of the web page being viewed
accessed 29 September 2018
SMOL, Robert, "Cooperation with government isn't working.
Veterans need to start making noise: Demonstrations would be
most effective around planned public events like, yes, those of
Remembrance Day", CBC News Opinion 11 November 2017; available
at http://www.cbc.ca/news/opinion/veteran-protest-1.4397896
(accessed 15 December 2017);
___________ "Do our soldiers need a union? Some say that membership will invariably
"pacify" those in uniform, but that hasn't happened in other
countries", 26 August 2015; available at https://nowtoronto.com/news/do-our-soldiers-need-a-union/
(accessed 23 September 2015);
___________"A lament for the Canadian Airborne", CBC News, 3 March
2010, available at http://www.cbc.ca/news/canada/a-lament-for-the-canadian-airborne-1.931658
(accessed 29 December 2016);
It has been 15 years this week since the final curtain came down on what was arguably the most painful
political chapter in Canada's military history: The disowning and disbandment of the storied Canadian
Airborne Regiment in the wake of the Somalia scandal.
___________ "Why we should unionize the military", National Post, 20 May 2015; available at http://news.nationalpost.com/full-comment/robert-smol-why-we-should-unionize-the-military (accessed 21 May 2015);
SMYTH, Sarah M., Drone controversies : ethical and
legal debates surrounding targeted strikes and electronic
surveillance, Toronto,
Ontario : Thomson Reuters, 2016, xiii, 146 pages ;23 cm;
This book examines the legal implications of employing drones, which are flown autonomously, or by remote control, without
a pilot onboard. For a small fraction of the price of an airplane or helicopter, drones can fly through hazardous areas without
risking human lives, provide detailed information about people and things far below, and flutter past traffic jams to deliver
packages on time. It is estimated that by the year 2020, as many as 30,000 drones will be occupying national airspace in the
United States alone. This is one of the only books to date that considers the ethical and legal issues surrounding the use of
drones by government, industry, and individuals within the United States. It provides up-to-date information about the
current domestic and international regulatory framework governing the private and public use of drones for military,
commercial and recreational purposes.
-----
Source: scholars.latrobe.edu.au/display/ssmyth, accessed 19 January 2018
Dr. Sara M. Smyth
Dr. Sara M. Smyth is an Associate Professor at LaTrobe Law School in Melbourne, Australia where she teaches
cyber-security law. In 2016, she was a visiting scholar at the Castan Centre for Human Rights at Monash University's
Faculty of Law in Melbourne. In 2015, she was a visiting scholar at Georgetown University Law School in Washington,
D.C. She was an Associate Professor in the Faculty of Law and the Director of the Canadian Program in Law at Bond
University, Australia from 2012 through 2016. She received a PhD from Osgoode Hall Law School, York University
(2008); an LL.M. from the University of Toronto (2005); and a J.D. from the University of Victoria, Canada (2001).
Dr. Smyth also served as a law clerk at the British Columbia Court of Appeal and practiced law in Vancouver. She has
consulted extensively to Public Safety Canada and written a number of books including Cybercrime in Canadian
Criminal Law (Second Edition, 2015). She has also presented widely at conferences in North America, Europe and
Asia, including the U.S. Department of Defense Cybercrime Conference (2009 and 2010). From 2009 until 2012, she
was an Assistant Professor in the School of Criminology at Simon Fraser University where she taught cybercrime
courses and was the Associate Director for the International Cybercrime Research Centre.
[source: editionsyvonblais.com/detail-du-produit/drone-controversies-ethical-and-legal-debates-surrounding-targeted-strikes-and-electronic-surveillance/, accessed 19 January 2019]
SNOWDEN SURVEILLANCE ARCHIVE, available at https://snowdenarchive.cjfe.org/greenstone/cgi-bin/library.cgi
(accessed 21 June 2017);
SOCIÉTÉ RADIO-CANADA, "La débâcle somalienne. Période
1992-1997", reportages disponible à http://archives.radio-canada.ca/guerreers_conflits/opations_paix/dossiers/789/
(vérifié
le 5 janvier 2012);
___________"Un travail axé sur le compromis -- À quelques jours de
son retour au pays, le juge québécois Pierre Boutet, qui a été à
la tête du Tribunal spécial pour la Sierra Leone pendant six ans,
commente son expérience dans une entrevue à Radio-Canada.ca",
Radio-Canada.ca, jeudi 9 avril 2009; disponible à À
quelques jours de son retour au pays, le juge québécois Pierre
Boutet, qui a été à la tête du Tribunal spécial pour la Sierra
Leone pendant six ans, commente
shttp://www.radio-canada.ca/nouvelles/International/2009/04/08/006-entrevue-juge-boutet.shtml
(vérifié le 8 mai 2012);
AbstractWhat was the fate of liberal pacifism in Canada during the Great War? Although the majority of social reformers identified
with the war effort, not all pre-war pacifists succumbed to war hysteria or renounced pacifism outright. Some simply fell
silent. Others tried to maintain a more critical acquiescence in the war. Most important, however, was a small minority of
radical pacifists whose opposition to war was but one expression of their larger critique of the entire social and economic
order. Although not articulated fully during the first war, their synthesis of pacifism with radical social action laid the basis
for a renewed peace movement in the post-war era.
[Source: utpjournals.press/doi/pdf/10.3138/jcs.18.4.30, accessed 4 September 2018]
Summary
The twentieth century has been a time of world wars, violent revolutions and radical social movements. Conversely, perhaps in response
to the former, there has also been an upsurge in the phenomenon of pacifism, especially in the English speaking world. This thesis examines
the development of pacifism in Canada in the first half of this century and describes its radicalization in conjunction with the trend towards
radical social change. Canadian pacifism can trace its origins to a varied European, British and American past rooted in two distinct but
complementary traditions, both of which were heavily religious in character. One was the historic non-resistance of pacifist religious sects
which tried to remain separate from the social mainstream. The other was the liberal Protestant and humanitarian tradition associated with
the progressive reform movement. Both traditions underwent an important transition in the course of maintaining a pacifist witness against
war during the twentieth century. Although sectarian pacifists, by far the largest and most consistent element in Canadian pacifism, made a
far-reaching adjustment within Canadian society, it was liberal pacifists who experienced a general radicalization. From the time of the First
War increasing numbers of those who wished to exercise a pacifist witness were forced to abandon liberal reformism for some variant of the
socialist creed. In effect, liberal pacifist ideals were combined with radical criticism of Canadian social, political and economic structures.
Although liberal pacifist hopes resurfaced in post-war enthusiasm for the League of Nations and the disarmament campaign, the inter-war
peace movement, including such groups as the Society of Friends, the Women's International League for Peace and Freedom, the Fellowship
of Reconciliation and the Fellowship for a Christian Social Order, reflected the socially radical pacifism the Great War had bred. This became
especially evident during the depression and for a time it appeared a pacifist-socialist alignment was in the forefront of Canadian social
thought. Increased international violence by the mid-thirties, however, placed pacifists in a serious crisis--their pursuit of social justice came
into direct conflict with their commitment to non-violence. Consequently, as social radicals began to abandon pacifism for the fight against
fascism, the Canadian peace movement was severely weakened. With the exception of the Quakers, who bridged the primary division in the
Canadian peace movement, the historic peace sects were not as open to view, but once confronted with the renewed challenge of conscription
in the 1940's, sectarian pacifists joined with socially active pacifists in a concerted effort to preserve the right of individual conscience and to
resist compulsory military service. Some pacifists, especially those with liberal roots, went further and sought and found a realistic pacifist
response to wartime conditions, over and above moral indignation or isolation. Regardless of their precise actions, however, Canadian pacifists
successfully exercised their witness against war. The thesis concludes that Canadian pacifists were a small but forceful minority who exercised
a dual function in Canada: prophecy of an ideal of peace and justice and reconciliation of wartime tensions in society. Above all, however, in
its uncompromising emphasis upon questions of conscience, the pacifist witness against war both directly and indirectly helped preserve
enduring moral principles underlying Canadian culture. (source: http://hollis.harvard.edu/primo_library/libweb/action/display.do?tabs=detailsTab&ct=display&fn=search&doc=TN_proquest
303191626&indx=7&recIds=TN_proquest303191626&recIdxs=6&elementId=6&renderMode=poppedOut&displayMode=full&frbrVersion=&vl(1UI0)=contains&dscnt=0&mode=Basic&vid=HVD&highlight=true&institution
=HVD&rfnGrp=1&tab=everything&dstmp=1494694925840&rfnGrpCounter=1&pcAvailabiltyMode=true&query=any%2Ccontains%2Cmilitary+justice+canada&vl(51615747UI0)=any&search_scope=everything&scp.scps=
scope%3A%28HVD_FGDC%29%2Cscope%3A%28HVD%29%2Cscope%3A%28HVD_VIA%29%2Cprimo_central_multiple_fe&onCampus=false&fctV=dissertations&bulkSize=30&fctN=facet_rtype&displayField=all&fromDL
=&vl(freeText0)=military%20justice%20canada, accessed 13 May 2017
Image
source: http://www.wikistrat.com/experts/prof-joel-sokolsky/,
accessed 30 November 2014
Joel J. Sokolsky
SOKOLSKY, Joel J., "Domestic Disturbances and the Military: The
Canadian Experience", (Spring 1993) Parameters 93-101; available at http://www.carlisle.army.mil/usawc/parameters/Articles/1993/1993%20sokolsky.pdf
(accessed on 29 November 2011);
SOLDIERS IN A STRANGE LAND --- Canada's Mission in Somalia
- Part 1 of 6 at https://wn.com/soldiers_in_a_strange_land_(1_6) (accessed 29 June 2017);
- Part 2 of 6 at https://wn.com/soldiers_in_a_strange_land_(2_6) (accessed 29 June 2017);
- Part 3 of 6 at https://wn.com/soldiers_in_a_strange_land_(3_6) (accessed 29 June 2017);
- Part 4 of 6 at https://wn.com/soldiers_in_a_strange_land_(4_6) (accessed 29 June 2017);
- Part 5 of 6 at https://wn.com/soldiers_in_a_strange_land_(5_6) (accessed 29 June 2017);
- Part 6 of 6 at https://wn.com/soldiers_in_a_strange_land_(6_6) (accessed 29 June 2017);
Hanya Soliman
SOLIMAN, Hanya, Deputy Director of the Directorate of Policy and
Programs Intelligence and member of the Law Society of Upper
Canada; see: http://2015.leadershipcanada.ca/hanya-soliman/,
accessed 17 October 2017;
Image
source: newspapers.lib.sfu.ca/cjn2-29422/page-5, accessed 13
November 2017
SOLOMON, Allan Omar (Al), 1914-1984, retired Captain (Navy)
JAG Officer and subsequently Chairman of the Canada Pension
Commission from 1971-1981;
___________on Allan Solomon, see photo and short notes in The
Brandon Sun, Brandon, Manitoba, Wednesday 12 August 1964 at
p. 1t ; available at https://www.newspapers.com/...., accessed 24
May 2020; note spelling error for name;
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 Allan Solomon, see the article "Allan
Solomon. Former chairman of pension board", The Globe
and Mail, 8 June 1984, at p. M5;
\
ProQuest Historical Newspapers
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___________on Allan Solomon, see the article by Sheldon Kirshner,
" 'A pension is a right,' says former naval captain. Solomon
disburses millions to war veterans", The Canadian Jewish News,
Thursday, 26 February 1981, at p. 5, available at http://newspapers.lib.sfu.ca/cjn2-29422/page-5
(accessed 8 September 2018);
___________on Allan Solomon, see the article "Officers and Men",
(August 1964) 16(8) The Crowsnest at p. 18;
available at http://www.sous-marin.ca/crowsnest/1964-08.pdf
(accessed 27 January 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 Allan Solomon, see McDONALD, R. Arthur, (Ronald
Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office
of the Judge Advocate General, c2002, at pp. 95, 96, 98, 213,
available at pp.
i-xii and 1-102 and pp. 103-242;
___________Testified as Director of Personel Legal Services 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);
SOLOMON, David N., "Sociological Research in a Military
Organization", (November 1954) 20(4) The Canadian Journal of
Economics and Political Science / Revue canadienne d'Economique
et de Science politique 531-541; see http://www.jstor.org/stable/138561?seq=1#page_scan_tab_contents
(accessed 5 July 2016); NOTE: "This paper was presented at
the annual meeting of the Canadian Political Science Association
in Winnipeg, June 3, 1954. Defence Research Board Project
D77-94-65-07"; also with the same title in Blishen, Bernard
R., ed., et al., Canadian society ; sociological perspectives.
Edited by Bernard R. Blishen [and others], Rev. ed., Toronto,
Macmillan, 1964, xiii, 541 p.; 24 cm.;
Image
source: www.itworldcanada.com/article/howard-solomon-live-at-rsa-conference-2016/381217,
accessed 11 August 2017
Howard Solomon
SOLOMON, Howard, "Failure of UN group on international cyber law
'not positive' says Canadian expert", IT WORLD CANADA, 18 July
2017, available at www.itworldcanada.com/article/failure-of-un-group-on-international-cyber-law-not-positive-says-canadian-expert/394789
(accessed 11 August 2017);
International law experts worry that the recent failure of a United Nations Group of Government Experts [UN GGE] to reach unanimity on cyber law may
lead to more state-backed online assaults.“It’s certainly not positive this has happened, when you’re getting down to whether international law even applies (in cyberspace),”
Kenneth Watkin, a retired Brigadier-General and former Judge Advocate General of the Canadian Forces said in an interview Monday.
...
The Group, with an expanding number of countries, has been meeting since 2004 to agree on how laws and rules limiting conventional
war – such as an “armed attack” and the right to self-defense – apply in the cyber world.
...
Canada signed the 2012-2013 report of the GGE on the applicability of international law in cyberspace, seeing it “as the cornerstone for
norms and principles for responsible state behaviour.” Canada was a member of the Group that year.
SOMALIA AFFAIR or INQUIRY & Government Reaction, see
our complete web site at http://www.lareau-law.ca/military.1Somalia.html
Any researcher interested in military law and the JAG has to visit that web site!
Here are two pages of the Commission's report, vol. 5, pages 1435-1436 about the JAG,
available at epe.lac-bac.gc.ca/100/200/301/pco-bcp/commissions-ef/letourneau1997-eng/letourneau1997-vol5-eng.pdf (accessed 25 February 2019):
Pressing (and holding) the Ctrl key and scrolling the wheel
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ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca...., accessed 25 February 2019
"Somalia Affair", http://hrsbstaff.ednet.ns.ca/waymac/Sociology/A%20Term%202/Obedience%20Power%20and%20Control/somalia_affair.htm
available at (accessed on 16 January 2012);
"Somalia report: some unanswered questions and probable
conclusions", article in (1997) Esprit
de Corps; available at http://findarticles.com/p/articles/mi_6972/is_12_5/ai_n28700778/
(accessed on 21 December 2011);
Daniel Paul Sommers, photo source: http://www.cba.org/CBA/newsletters-sections/2013/05_military.aspx,
accessed on 6 April 2014
SOMMERS, Daniel Paul, "On the importance of Legal Officers",
(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#article10
and
http://www.cba.org/CBA/newsletters-sections/pdf/2011-03_ss4.pdf
(accessed on 30
April 2012);
FRANÇAIS:
SOMMERS, Daniel Paul, "De l'importance des avocats
militaires", (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#article8
(s
ite visité le 30 avril 2012);
___________"Separate Society: An Overview of American
Jurisprudence and the Military Justice System", (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#article4
and http://www.cba.org/CBA/newsletters-sections/pdf/2011-03_ss2.pdf
(accessed on 30
April 2012);
FRANÇAIS:
___________"Une société à part : vue d'ensemble du système
de justice militaire et de la jurisprudence aux États-Unis",
(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#article3
(site
visité le 30 avril 2012);
____________on SOMMERS, Daniel, legal officer, acted as defence
counsel in the following court martial: Cogswell C.H.
(Bombardier), R. v. (2020) CM 2014 (accessed 22 December 2020);
___________on SOMMERS, Daniel, legal officer, 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; with the OJAG;
___________on SOMMERS, Daniel, see following notes drom his web
site at https://dcsllp.com/about,
accessed 20 September 2020;
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Image
source: http://www.osgoode.yorku.ca/faculty-and-staff/sossin-lorne/,
accessed 30 November 2014
Lorne Sossin
SOSSIN, Lorne, "Experience the Future of Legal Education"
(September 9, 2013), Osgoode CLPE Research Paper No. 47/2013.
Available at SSRN: http://ssrn.com/abstract=2337521
or http://dx.doi.org/10.2139/ssrn.2337521;
___________"The Puzzle of Independence for Administrative
Bodies", (2008). National Journal of Constitutional Law,
Vol. 26, pp. 1-23, 2008. Available at SSRN: http://ssrn.com/abstract=1911414
Abstract:
This article explores independent administrative bodies, and their place in Canada’s political, constitutional and legal landscape. While these adjudicative, regulatory
and accountability bodies have come to play an integral role in the lives of every Canadian, we tend to pay attention to them only when there is a problem or a headline
grabbing incident. Allegations of political interference with Elections Canada, the Canadian Military Complaints Commission and the Canadian Nuclear Safety
Commission by the Federal government have brought the puzzle of independence of these bodies into stark relief.
The article treats each of these incidents as cautionary tales. These cautionary tales are part of a broader puzzle. All administrative bodies are, by definition, dependent
for their existence on their legislative mandate. Further, these bodies are not free to adopt the mandate they believe is most appropriate, but must discharge the
responsibilities provided to them. These bodies do not choose the people best able to carry out this mandate; rather, the executive controls appointments. Notwithstanding
the significant ways in which these administrative bodies are dependent on government, however, they are nonetheless routinely declared by courts to be independent, and
protected from political interference by common law procedural doctrines modeled after the constitutional principle of judicial independence.
The recent confrontations show that there is little to compel Canadian governments to respect the independence of administrative agencies if they do not want to. They
reveal the hard but important truth about independence in administrative decision-making: while the rule of law and principles of fairness and impartiality may require
independence, only political leadership can sustain it. Political leadership created independent agencies in order to ensure that important areas of the public interest
(such as governing fair and free elections, regulating nuclear power and overseeing military police activities) are served by people and institutions that are not caught up
in partisan politics. Only political leadership can ultimately safeguard the independence of administrative bodies, so that they are free to pursue the public interest
without partisan interference.
__________ "JAG Perspectives on Administrative Law, Military
Justice and International Operational Law", part of Dean Sossin's
Blog, Osgoode Hall Law School, York University, 2 June 2012;
available at http://deansblog.osgoode.yorku.ca/2012/06/jag-perspectives-on-administrative-law-military-justice-and-international-operational-law/
(accessed on 3 June 2012);
This past semester, I had the privilege to be a part of an
innovative research course at Osgoode Hall Law School – entitled
“JAG Perspectives on Administrative Law,
Military Justice and International Operational Law”. The premise
was a simple one. We asked the Judge Advocates General (JAG)
office of the Canadian Department
of National Defense to share the legal questions on which they
would most want to see greater reflection and depth, and we put
these questions to a group of upper year
Osgoode students to explore and research. The students were
supervised by an Osgoode faculty member but each also was
assigned a JAG lawyer as a research
liason/resource. Several times during the semester the students
and I met with the JAG lawyers at the Downsview base, just a
short drive away from the Law School.
Student papers ranged from the appropriate response of
international law to cyberwar, how the law of war crimes should
respond to coalition forces where the soldiers
of one country may be under the command of another, to the
evolving labour relationship between the Crown and the armed
forces in Canada. The JAG lawyers’ input
in the research was thought-provoking and insightful – posing
examples from their experience that the students would
never have uncovered in a library.
-----------------------
SOUSA, Michael, DND/CF Legal Advisor
"Office of the JAG @JAGCAF ---Best wishes
to the @NationalDefence
and @CanadianForces
Legal Advisor
@JusticeCanadaEN
Michael Sousa and his team who celebrated 20 years of strong
and dedicated legal services to
the Defence Team. We look forward to continue building
on our close relationship for
years to come."
SOUSA, Michael:
Michael Sousa
DND/CF Legal Advisor
Michael Sousa joined the office of the DND/CF Legal Advisor as Legal Advisor and Senior General Counsel on August 14, 2017. Before that,
Michael spent a number of years working in Departmental Legal Services Units for federal clients, including Public Safety Canada, Environment
Canada, the Canada Border Services Agency and the then department of Citizenship and Immigration Canada.More recently, Michael has headed up Departmental Legal Services Units at Public Safety and Environment Canada as their Senior General Counsel,
where he managed teams of legal counsel and administrative support staff to provide legal services support to client departments in relation to its policy,
operational and corporate activities. Michael also supported the Deputy Ministers and client ADMs by contributing to the management of Public Safety
and Environment Canada through active participation on their Executive Committee teams.Michael is a graduate of Queen’s University where he obtained his Bachelor of Honours degree (B. A. Hons.) and of the University of Windsor Law
school (LL.B). He was called to the Bar in Ontario and is a member of the Law Society of Upper Canada.
[source: http://www.forces.gc.ca/en/about-org-structure/dnd-cf-legal-advisor-bio.page, accessed 24 July 2017]
___________"The Puzzle of Independence for Administrative
Bodies", (2008) 26 National
Journal
of Constitutional Law 1-23; available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1911414
(accessed on 18 January 2012); deals in part with the Military
Police Complaints Commission;
Image source:
http://www.cfc.forces.gc.ca/136/297-eng.html,
accessed 31 November 2014
Christopher Spearin
SPEARIN, Christopher, "International private security companies
and Canadian policy: possibilities and pitfalls on the road to
regulation", (Winter 2004) 11(2) Canadian Foreign Policy
1-15; other
articles by Christopher Spearin, accessed 8 April 2018);
___________"Not a "Real State"? Defence Privatization in Canada", (1
October 2005) 60(4) International Journal 1093-1112;
___________"Since you left: United Nations peace support, private
military and security companies, and Canada", 2018 73(1) International
Journal,
Abstract
In the late 1990s when Canada was largely removing itself from United Nations peace support endeavours, private
military and security companies were heralded as likely replacements. Canada has indicated its desire to reengage
in a United Nations peace support milieu in which there is now a private military and security presence. It is not the
type of presence initially envisioned, but it is one with multiple impacts regarding training and operations. This article
emphasizes the interventions in the first decade of the twenty-first century and the corresponding, defensively minded
regulations that came about in the private military and security industry. The article reveals that commercial logics are
now insinuated in United Nations peace support operations and the private military and security presence therein is
indicative of a larger shift in United Nations activities towards insularity and protection.
[Source: http://journals.sagepub.com/doi/abs/10.1177/0020702017740158, accessed 28 September 2018]
___________"What Montreux means: Canada and the new regulation of
the international private military and security industry", (2010)
16(1) Canadian Foreign Policy Journal 1;
This article assesses the likely impacts on Canada of the Montreux Document on Pertinent International Legal Obligations and Good Practices
for States Related to Operations of Private Military and Security Companies During Armed Conflict ("the document"). The article contends that
the document's provisions for states contracting private military and security services would require a reconsideration of personnel vetting, a task
that will be difficult for Canada to enact. As well, while the document asserts that contracting states are clearly responsible for the actions of their
contracted companies, the utility of these companies as a policy tool, given the industry's shift towards indigenization, may be significantly
compromised. The article also argues that the document's good practices for the home states in which companies are based, risks politicizing the
bilateral defence trade between Canada and the United States because of the latter's prominence in the industry.
(source: http://connection.ebscohost.com/c/articles/55527113/what-montreux-means-canada-new-regulation-international-private-military-security-industry, accesssed on 3 November 2014)
Image
source: www.ottawasun.com/author/tony-spears, accessed 8 May 2017
Tony Spears
SPEARS, Tony, "Military's 'sexualized culture' revealed in courts
martial", The Ottawa Sun, 11 June 2015, available at http://www.ottawasun.com/2015/06/11/militarys-sexualized-culture-revealed-in-courts-martial
(accessed 8 May 2017);
"Special Board Created to Review Sentences on Canadian Soldiers",
The Globe and Mail, 1945/11/01, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5028182
(accessed 31 May 2019);
SPECIAL COMMITTEE ON THE CANADIAN MISSION IN AFGHANISTAN, THE
HOUSE OF COMMONS, 40th Parl., 3rd Session, 3 March 2010-26 March
2011; available at http://www.parl.gc.ca/Committees/en/AFGH/Meetings?parl=40&session=3
and http://www.parl.gc.ca/Committees/en/AFGH?parl=40&session=3
(accessed 5 April 2017)
SPECIAL COURT FOR SIERRA LEONE, THE, "Justice Pierre G. Boutet (Canada), Presiding Judge -- Appointed by the Secretary-General of the United Nations", available at http://www.sc-sl.org/ABOUT/CourtOrganization/Chambers/TrialChamberI/tabid/88/Default.aspx (accessed on 21 May 2012);
Special Staff Assistance Visit - Report on the Climate, Training
Environment, Culture and ROTP Programme at the Royal Military
College of Canada – Kingston, with several links, available
at https://www.canada.ca/en/department-national-defence/corporate/reports-publications/special-staff-assistance-visit.html
(accessed 4 May 2017);
"Speed Up Army Judicial System", Hamilton Spectator,
1944/06/21, available at collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5028210
(accessed 14 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
Source of image: https://www.dundurn.com/books/Solving-People-Puzzle,
accessed 17 December 2020
SPENCER, Emily, Dr., Solving the People Puzzle: Cultural
Intelligence and Special Operations Forces, Toronto :
Dundurn Group, 2010, 185 pages ; 23 cm, ISBN: 9781554887507,
155488750X; available in part at https://books.google.ca/books?id=-AoI1GAuGWEC&pg=PP1&redir_esc=y#v=onepage&q&f=false
(accessed 17 December 2020);
Overview
....
Special operations forces (SOF), a group comprised of highly trained personnel
with the ability to deploy rapidly and apply special skills in a variety of
environments and circumstances, is the logical force of choice to achieve success
in the COE. Increasing their effectiveness is cultural intelligence (CQ) – the ability
to recognize the shared beliefs, values, attitudes, and behaviours of a group of
people and then apply that knowledge toward a specific goal. Empowered by CQ,
SOF are positioned to dominate in the COE.
....
image
source:
equalvoice.ca/news_template/index_english_newsletter.cfm?id=5,
accessed 1 July 2017
Rosemary Spiers
SPIERS, Rosemary, "PM in tough spot over Somalia inquiry", Toronto Star, Feb 13, 1997, p. A.25;
Description: PRIME MINISTER Jean Chretien prides himself on letting his cabinet ministers run their own show; we know that. But, in the case
of the Somalia inquiry, the unquestioning backing that the Prime Minister has given to two very different defence ministers - first David Collenette
and now Doug Young - is putting the PM at risk. First, he stood loyally behind Collenette, Gilles Letourneau had to run its independent course, no
matter how embarrassing its revelations. When he appointed Letourneau in March, 1995, Collenette personally wrote the word ``coverup'' into the
inquiry's terms of reference, and he didn't flinch even when the spotlight turned on the top echelons of his own department and the military command
under the Liberals. Chretien and Young now blame the inquiry. They point out that Letourneau originally was supposed to report on Dec. 22, 1995,
and already has had two extensions. But the mandate they handed the inquiry was huge - from the suitability of the Airborne Regiment for the Somalia
mission, to the discipline exercised by the commanders, the attitudes of the soldiers to black ``detainees,'' the allegations of coverup in the shooting
death of one Somali and the torture death of another, and what went wrong with the chain of command. Until last fall, when Chretien first expressed
a certain impatience with the inquiry's painstaking style, no one hinted to Letourneau that he ought to get on with it.
(source: © ProQuest LLC All rights reservedand http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page&pag=nxt&pageNumberComingFrom=1&frbg=&&indx=1&fn=search&dscnt=0&scp.scps=primo_central_multiple_fe&mode=Basic&vid=01LOC&ct=search&srt=rank&tab=default_tab&vl(freeText0)=%22Jean%20Chretien%22%20Somalia%20Inquiry&dum=true&dstmp=1468012911041, accessed 9 July 2016)
------
Image
source:
http://www.ismllw.org/PDF/CV%20Jan%20Peter%20Spijk%202014-01_EN.pdf,
accessed 22 January 2016
SPIJK, Jan Peter, Brigadier General, Military Legal Service,
Royal Netherlands’ Army (ret’d.), President of the International
Society for Military Law and the Law of War, "The Evolution of
Military Jurisdictions Inter Arma Vigent Leges", 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. 45-, NOTES: Conference held at the
University of Ottawa, 13 November 2015; "For
the first time an international academic
conference on military law was held in
Canada at the University of Ottawa with the
focus on reform and comparative law" (Gilles
Létourneau, Preface, p. 7);
"(Organizing Committee for the Conference:
Michel W. Drapeau, Joshua M. Juneau, Walter
Semianiw and Sylvie Corbin)"; "Speech
transcribed by Joshua M. Juneau, p. 31;
available at mdlo.ca/wp-content/uploads/2016/01/2015-Conference-Proceedings.pdf
(accessed 20 January
2016);
Speaking from experience I note that the military leadership is not always particularly open to change where these topics are concerned. This
resistance to change is often rooted in a deeply felt concern about the interests of the country in general and the important role of the military
therein in particular. One can understand that Senior Commanders, in their unique responsibility as "standard-bearers" for the requirements
of discipline and operational effectiveness, perceive a particular responsibility for maintaining a status quo. Often there seems to be a strong
conviction that all change will be for the worse. [p. 53]
......
In closing I submit to you that it is extremely important that we exchange views about developments like these in an international setting as we do today. In this
respect I thank the organizers again and gladly take the opportunity to compliment my Canadian military legal colleagues. I am in a position to judge, from which
I wish to say that the Canadian military legal advisors are second to none in their knowledge and professional conduct, particularly also in operational circumstances.
I have met and continue to meet them in both operational and legal environments and - without exception - they show very high standards, contribute to a better
understanding amongst partners and work towards solutions. I wish to compliment the Judge Advocate General, MGen Blaise Cathcart, for deploying his legal advisors
in the broadest sense possible, thus showing a great example, enhancing international cooperation and - thus- contributing to a better application of the principles of
military justice in all those other countries. This is the way ahead for all. [p. 55]
SPINDLER, Jess, "Serial Season 2: Military Law and the Court of Public Opinion. Military experts at Queen’s Law discuss the legal issues arising from the Bergdahl case", Juris Diction, Queen's law Journal, 1 February 2016; available at http://juris-diction.ca/serial-season-2-military-law-and-the-court-of-public-opinion/ (accessed 29 August 2016); incldes comments from Chris Waters, PhD candidate at Queen’s Law and Peter Briffett, Queen’s Law student and Captain in the Canadian Forces;
Image
source: legacy.wlu.ca/homepage.php?grp_id=1421&f_id=35,
accessed 23 April 2017
Kevin Spooner
SPOONER, Kevin, "Book Review -- Another Kind of Justice: Canadian
Military Law from Confederation to Somalia", Canadian Historical Review,
03/2001, Volume 82, Issue 1, p. 201-203; brief excerpt of the content at https://muse.jhu.edu/article/591752/pdf
(accessed 1 March 2018);
Because the Canadian Forces still relied on British statutes for military discipline, British proposals for military law reform in the years before
the Second World War are surveyed. During this war, the Canadian armed services continued to rely on British manuals and modifications to
British law for Canadian disciplinary codes; however, the Canadian JAG and his overseas deputies oversaw the administration of Canadian
military justice. Officers in the army and navy, in particular, continued to work closely with their British counterparts. The JAG office expanded
to meet an increased workload and faced new challenges, including participation in war crimes trials. Madsen raises key issues and questions as
he addresses these early Canadian efforts to try Nazi war criminals. By 1950 the National Defence Act had replaced seven British and Canadian
statutes that previously governed the Canadian armed services. It also incorporated a common disciplinary code for army, navy, and air force.
Madsen identifies a consequent decrease in the number ofcourts martial and increased use of summary punishments, a trend with significant
implications in later years as the Canadian...
SPORTS IMAGES:
Image source: (2006) 1 JAG Les actualités -- Newsletter 9
Image
source: (2006) 1 JAG Les actualités -- Newsletter 5
"Members from the Office of the Judge Advocate General show their
support for the
Humboldt Broncos hockey team, families and friends. #jerseysforhumboldt"
[source: https://twitter.com/CanadianForces/status/984522935720464385,
accessed 14 June 2018]
SQUIRES, Robin, Katherine Ayre and Graham Splawski, "Canada: New War Risk Coverage And
Accident Investigation Regimes", from the law firm Borden Ladner
Gervais, last updated 14 January 2015, available at http://www.mondaq.com/canada/x/366404/Aviation/New+War+Risk+Coverage+and+Accident+Investigation+Regimes
(accessed 28 September 2017);
The new Aviation Industry Indemnity Act [2014] gives the Government of Canada the ability to insure against war risks,
and amendments to the Aeronautics Act [in the viation Industry Indemnity Act] give the military new powers to investigate
aviation accidents.
STACEY, C.P., "British Military Policy in Canada in the Era of Federation", (1934) 13(1) Report of the Annual Meeting of the Canadian Historical Association / Rapports annuels de la Société historique du Canada 20-29; available at http://www.erudit.org/revue/ram/1934/v13/n1/300124ar.pdf (accessed on 6 January 2012);
___________Canada and the British Army 1846-1871: A Study in
the Practice of Responsible Government, Toronto: University of Toronto
Press, 1963;
.
STACEY, Jocelyn, "Vulnerability,
Canadian Disaster Law and ‘The Beast’" (January 23, 2018) 55(4) Alberta
Law Review 853-887, available at SSRN: https://ssrn.com/abstract=3107450; also available at https://www.albertalawreview.com/index.php/ALR/article/view/2480/2465
(accessed 2 November 2018);
Abstract
This article is the first step in a major research project on Canadian disaster law. As such, the article's first objective is to map the terrain
of the law in Canada that governs disasters. To provide context for this exercise in mapping, the article focuses on the circumstances
surrounding the 2016 Fort McMurray wildfire ('the Beast'). Focusing on the 'the Beast' also gives rise to the article's second objective:
a critical examination of the ways in which Canadian disaster law fails to reflect foundational social science research on disaster harm.
The article argues that the current framework of Canadian law lacks nuance in its understanding of vulnerability and fails to identify
and address communities that are especially vulnerable to disaster harm. It also argues that the implementation of the relevant law to
disasters fails to adequately incorporate legal mechanisms that can connect disaster law with the underlying drivers of disaster
vulnerability. The outcome is that Canadian disaster law currently leaves Canadians unnecessarily susceptible to disaster harm.
Image
source:
http://alchetron.com/Denis-Stairs-(political-scientist)-437891-W,
accessed 30 July 2016
Denis Stairs
STAIRS, Denis, 1939-, "The Media and the Military in Canada:
Reflections on a Time of Troubles", (Summer 1998) 53(3) International Journal
544-553; title noted in my research but article not consulted yet
(13 March 2012);
Source: journals.sagepub.com/doi/abs/10.1177/002070209805300310, accessed 14 September 2019
___________"Three Cheers For Diplomacy", (11 April 2007) Canadian
Naval Review, available at http://www.navalreview.ca/2007/04/three-cheers-for-diplomacy/
(accessed 21 May 2017);
ST-AMANT, Alexandra, Major, a JAG officer, died on 14 May 2015,
see http://federationgenealogie.qc.ca/base-de-donnees/avis-de-deces/fiche.php?id=7701500
(accessed 1 May 2017);
STANDISH, Ralph O'Neil, Q.C., 1907-1997, during World War II,
"served as staff Captain to Deputy Judge Advocate General,
Kingston, Ontario", see "Deaths--STANDISH, Ralph O'Neil, Q.C.", The
Globe and Mail, 8 December 1997, at p. C6;
ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca, accessed 15 September 2018
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
___________on STANDISH, R.O.P., Captain, of W. Rang., was legal
officer in military district number 3 with Headquarters in
Kingston 1943, see The Quarterly Army List,
October 1943, Part I, London: His Majesty's Stationery
Office, 1943 at p. 162 (bottom page number) or p. 178A (top page
number), available at https://deriv.nls.uk/dcn23/8903/89030567.23.pdf
(accessed 22 March 2019); Major G.T. Walmsley from Hast. &
P.E.R. was the Assistant Judge Advocate General, information from
the same pages;
Image
source: https://en.wikipedia.org/wiki/George_Stanley, accessed 30
July 2016
The Hon. George and Ruth Stanley
STANLEY, Georges F.G., 1907-2002, Nos soldats: Histoire
militaire du Canada de 1604 à nos jours, Montréal, Éditions
de l’Homme, 1974, 620 p.;
Source of image:
www.ctvnews.ca/military-watchdog-begins-hearings-into-detainee-issue-1.499345,
accessed 23 January 2016
Glenn Stannard
STANNARD, Glenn, Chair, Military Police Complaints Commission, testimony on Bill C-15, An Act to
amend the National Defence Act and to make consequential
amendments to other Acts -- this Bill has the Short Title: Strengthening
Military Justice in the Defence of Canada Act,
- before the House of Commons Standing Committee on National Defence, meeting number 65, 11 February 2013, minutes and evidence;
- before the Standing Senate Committee on Legal and Constitutional Affairs, meeting issue 38, 30 May 2013, minutes and evidence ;
Image
source: Google
Image, accessed on 21 May 2014
STANTON, John, “Canada and War Crimes: Judgment at Tokyo”, (Summer 2000) 55(3) International Journal 376-400;
___________"Relunctant Vengeance: Canada at the Tokyo War Crimes
Tribunal", (1999) 17 The Journal of American and Canadian
Studies 61-87; available at http://www.info.sophia.ac.jp/amecana/Journal/17-4.htm
(accessed on 11 August 2013);
-----------
Michael Staples, the author
journalist
The accused Second Lieutenant A.J. Brunelle with David Bright,
defence counsel, right
source:https://twitter.com/baseroo,
STAPLES, Micheal, "Officer Reprimanded, Fined for groping female soldier after drunken night out", Fredericton Daily Gleaner, 11 January 2017, available at https://www.telegraphjournal.com/daily-gleaner/story/49894420 (accessed 21 January 2018); Brunelle A.J. (Second Lieutenant), R. v., 2017 CM 4001 (CanLII), <http://canlii.ca/t/gx2cg>; military judge: Commander J.B.M. Pelletier; prosecutors: Commander S.M. Archer and Lieutenant (Navy) T.N. Ticky; defence counsel: Mr. David Bright;
STARKMAN, Bernard, "The Citizen as a Soldier", (1965) 43 Canadian
Bar
Review 414-452; Mr. Starkman's career was at the
Department of Justice Canada; Mr. Starkman informed me in the
1980s that he has worked for JAG, as a student (note by F.Lareau);
available at https://cbaapps.org/cba_barreview/Search.aspx?VolDate=09%2f01%2f2017
(accessed 22 September 2017);
Statutory Instruments Regulations, C.R.C., c. 1509, by subsections 15(1) and (3), the QR&O are exempt from publication in the Canada Gazette.;
&
Ian Stauffer, image source:www.tslawyers.
ca/our-team/ian-stauffer/,
accessed 21 February 2019
STAUFFER, Ian, "Ottawa Lawyers Feed the Hungry Supported Again by
the Judge Advocate General", posted by Administration, County of
Carleton Law Association; available at http://www.ccla-abcc.ca/blogpost/1044976/Marketplace
(accessed 10 December 2016); Ian worked for the Somalia inquiry;
I recently attended a gathering of military lawyers, paralegals and support staff at the JAG headquarters.
The group had carried out fundraising activities during the year and had again chosen Ottawa Lawyers Feed the Hungry
as its charity.The JAG's efforts raised over $1700 for our project, which has now been running strong since 2010.
This amount will provide over 700 hot meals to our fellow citizens, being served at The Ottawa Mission on Waller Street.
Our sincere thanks to Major Matt Napier and his team and for Major-General Cathcart's continuing support! The JAG
sponsored our project last year with a similar amount raised.
STEELE, Elizabeth, "Deputy Judge Advocate at Canadian Armed
Forces | Forces armées canadiennes, Victoria, British Columbia,
Canada", Reserve Force, see https://ca.linkedin.com/in/elizabeth-steele-329181156?trk=public_profile_browsemap_mini-profile_title
(accessed 2 June 2019);
International Criminal Law, International Humanitarian Law, International Space Law, Space Security,
International Relations, Comparative LawDr. Cassandra Steer is the Executive Director of Women in International Security (WIIS) Canada, and a 2018
Visiting Fellow at the University of Pennsylvania’s Center for Ethics and Rule of Law. Formerly she was Executive
Director of the McGill Institute of Air and Space Law, and a Wainwright Junior Fellow at McGill’s Faculty of Law.
Her book “Translating Guilt: Identifying Leadership Liability for Mass Atrocity Crimes” (Springer, 2017)
provides a comparative analysis of forms of liability in international criminal law. Her current research interests
focus on space security and the application of the law of armed conflict and use of force in space, and she is
currently working on an edited volume, a book and several articles in this field. She has also been a consultant
to military lawyers in the Canadian Judge Advocate General’s Office on these issues.Previously Cassandra was a Junior Professor at the University of Amsterdam in the Netherlands, teaching criminal
law, international criminal law, public international law, and legal research methods. She has a PhD in International
Criminal Law, and has been a Visiting Researcher at universities in Argentina, Canada, Germany and the USA, where
she was also a Fulbright Scholar.Currently, Cassandra Steer is the member for Canada on the International Law Association Space Law Committee;
an Associate Expert contributing to the Manual on International Law Applicable to Military Activities in Outer Space
(MILAMOS); and a member of the International Institute of Space Law, Women in Aerospace, the Centre for International
Peace and Security Studies, the NATO Association of Canada, and the International Society for Military Law and the Law of War.
STEFANIK, Kirsten, "Better Safe than Sorry: Environmental
Protection and Armed Conflicts"; title noted in my research on 22
November 2014; is this article available on the internet?
Please assist if you can.
___________"Restoring humanity to humanitarian law : borrowing
from environmental law to protect civilians and the environment",
Thesis (LL.M.)--University of Western Ontario (Graduate Program in
Law), 2013, 167 leaves; available at http://ir.lib.uwo.ca/etd/1400/
(accessed on 22 November 2014);
As concerns about the environment increase and civilians continue to become casualties of armed conflict, we must reflect on traditional approaches and applications of International Humanitarian law [IHL]. While the current state of IHL provides protections for civilians and the environment, examples in practice of excessive harms to both suggest a gap exists in these protections. Current academic literature in the field tends to focus on either the protection of civilians or the protection of the environment, on either IHL or International Environmental law [IEL]. This is problematic as the two are inextricably linked: civilians and environment often, if not always, go hand in hand. This thesis seeks to close these gaps. It begins with an examination of existing IHL and a look at two instances which resulted in excessive harms to civilians and the environment. Next, it turns to the role of general principles of international law, in particular the precautionary principle and the principle of intergenerational equity in IEL, which are well-accustomed to dealing with short-term and long-term health and environmental risks, as well as scientific uncertainty. The thesis demonstrates how the use of these principles in military decision-making could fill the existing gaps in IHL. (source: http://alpha.lib.uwo.ca/search~S20?/astefanik/astefanik/1%2C3%2C3%2CB/frameset&FF=astefanik+kirsten+md&1%2C1%2C,accessed on 22 November 2014);
--------------------
Source: Dust
jacket of book
Image: journal.forces.gc.ca/vo9/no2/17-book1-livre1-eng.asp.
STEIN, Janice Gross, Eugene Lang, The Unexpected War: Canada
In Kandahar, Toronto: Viking Canada, 2007, 348 pages,
see Chapter 14, "Those Vexatious Detainees", at pp. 246-258 and
321-322 (notes), ISBN 9780670067220; IMPORTANT
CONTRIBUTION
STEVENS, Aleisha, Preventing
and Prosecuting a Canadian Abu Ghraib: Legislating the Canadian
Private Military Industry, MA Research Essay, Carleton
University Norman Paterson School of International Affairs, 2008,
iv, 125 leaves;
STEWART, N.L. (Logan?), Captain, was prosecutor or defence
counsel in Disciplinary Court Martial R. v. Reynolds,
Halifax, 14 December 1972, source of information:
MADSEN, C.M.V. (Chris Mark Vedel), Military
law and operations, Aurora (Ontario): Canada
Law Book, c2008-, vol. 3, at p.
APP2: 1972-21;
STEWART, Pamela, "Canadian Officer Education vs Training",
in John J. McGrath, ed., An
army at war : change in the midst of conflict, Fort
Leavenworth (Kansas, USA) : Combat Studies Institute Press,
[2005], ix, 675 p., at pp. 449-478; available at http://books.google.com/books?id=8Hkt42314xIC&pg=PA467&lpg=PA467&dq=somalia+inquiry+canadian&source=web&ots=z0Z0tHWy34&sig=VFyvfmsMAg1eeuD3DfjAxocASv0&hl=en&sa=X&oi=book_result&resnum=10&ct=result#PPA449,M1,
and
http://books.google.com/books?id=8Hkt42314xIC&dq=somalia+inquiry+canadian&source=gbs_summary_s&cad=0 (accessed
on
28 July 2008);
___________"On Broader Themes of Canadian Forces Transformation",
(autumn 2007) 8(3) Canadian
Military Journal 9-18; available at http://www.journal.forces.gc.ca/vo8/no3/doc/stewart-eng.pdf
and http://www.journal.forces.gc.ca/vo8/no3/stewart-eng.asp
(accessed on 13 March 2012);
FRANÇAIS
--------------"Sur des grands thèmes de la transformation des
forces canadiennes", (automne 2007) 8(3) ; disponible à http://www.journal.forces.gc.ca/vo8/no3/stewart-fra.asp
et http://www.journal.forces.gc.ca/vo8/no3/doc/stewart-fra.pdf
(vérifiés le 13 mars 2012);
STEWART, Ruth Ann, Dissonance, discord and the discourses of military trauma: Listening differently to “disorder”, Master of Counselling, Graduate Centre for Applied Psychology, Arthabasca University, 2016; available at https://dt.athabascau.ca/jspui/handle/10791/201 and https://dt.athabascau.ca/jspui/bitstream/10791/201/1/Stewart_Thesis_May2016.pdf (accessed 26 August 2019);
Abstract: Posttraumatic stress disorder (PTSD) is a pressing concern among members and
veterans of the Canadian Forces, and the issue attracts chronic conflict. Diagnosis and treatment
is dominated by the psychiatric definition; however, that model is not a pure distillation of
biomedical epidemiology, but also the product of specific sociocultural and political discourses.
Although the phenomenon of prolonged mental suffering in response to adversity is universal,
the experience is narrated differently across different cultures. I investigated the discourse of
military PTSD among (predominately Canadian) military members and veterans on social media.
Participants spoke from a collectivist worldview, narrated PTSD as a disorder of progressive
alienation and isolation, and prioritized loss of identity and connection over symptom checklists.
They sought to claim a collective identity in which PTSD was congruent with their military role,
rather than a disease of the individual brain, and they prioritized interconnectedness as the route to healing.
STEWART, W.T., Captain, Petawawa military camp, assistant
prosecutor to Capt F.W. Christie, permanent prosecutor for
Military District No. 10 at Winnipeg, for the two courts martial
referred to in the article: "Canadian, Briton To Face
Charges Of Helping Japs", The Globe and Mail, 5 March
1946, at p. 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
Source: ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca...., accessed 25 November 2018
___________on STEWART, W.T., Captain, see his photo in The
Winnipeg Tribune, 5 March 1946 at p. 5, available at
https://www.newspapers.com/image/...., accessed 25 June 2020;
ST-FLEUR, Yvensonne (ou Yvenson?), Les bombardements aériens dans les
récents conflits armés : l'évolution du cadre normatif et du
droit international humanitaire applicable, thèse pour la
maîtrise en droit international, Universite du Québec à Montreal,
2000, 177 p., disponible à http://www.archipel.uqam.ca/3663/1/M11567.pdf
(visité
le 6 mars 2012);
Résumé
Le but de cet ouvrage est de présenter la portée et la limite du droit international humanitaire régissant les opérations aériennes en période de conflit armé. Dans ce dessein,
nous passerons en revue les conventions internationales datant de 1899 à nos jours. Considérant que l'ordre juridique international possède tous les instruments nécessaires
afin d'assurer aux populations civiles sécurité et immunité contre les effets nuisibles de la guerre, les dommages directs et indirects causés aux complexes civils lors de
bombardements aériens peuvent constituer des violations graves au droit international humanitaire. Par une démarche méthodologique juridique classique, le lecteur sera
amené a considérer l'évolution du cadre normatif, particulièrement du droit de l'attaquant de se défendre avec l'arme aérienne, mais aussi du droit de la population civile
et des non-combattants à être épargnés des effets des hostilités. Les conflits armés de la fin du xxe siècle démontrent bien que les guerres du futur reposeront davantage
sur des opérations militaires à la verticale, c'est-à-dire que le point d'attaque pourra être envisagé depuis l'espace atmosphérique. Ainsi, l'avion de guerre et les systèmes
de satellites extra-atmosphériques permettront de déplacer la zone de combat au niveau de la troisième dimension. Cet avantage soulève dès lors le spectre de la conduite
asymétrique de la guerre technologique au bénéfice des puissances aérospatiales. Or, cette technologie militaire qui promettait plus de précision dans le ciblage des objectifs
militaires produit des effets néfastes à l'endroit des populations civiles à proximité des objectifs militaires situés dans la zone de combat (pour ne reprendre que le cas des
bombardements des forces de l'OTAN au Kosovo). Ainsi, la stratégie militaire contemporaine vise le transfert du risque militaire vers l'adversaire. En effet, la zone de combat
ennemie devient source de gestion tant par l'agresseur que la victime des bombardements. Ainsi, perte du capital humain et matériel des forces militaires, la minimisation
des massacres humains du côté de l'ennemi, la transmission des images par les médias de masse, la projection de la responsabilité des dommages collatéraux sur les moyens
perfides de l'ennemi deviennent dorénavant des «éléments» calculables dans le «risque» militaire des puissances occidentales. Du côté de l'ennemi, en position d'«infériorité»
technologique, il déplace délibérément la zone de combat dans des zones urbaines densément peuplées situées près des objectifs militaires légitimes. Le constat fait après les
récents conflits armés suscite inquiétude et soulève nombre de problématiques. L'absence d'un cadre normatif légiférant tant les nouvelles méthodes de combat que la conduite
des hostilités par la voie des airs requiert-elle un code de conduite sur relatif aux bombardements aériens. [source: http://www.archipel.uqam.ca/3663/, site visité le 7 juin 2016]
ST-GERMAIN, Jacques (Joseph Jean Jacques), docteur; sur les
procédures judiciaires militaires et civiles concernant le
Dr. St-Germain, voir:
Les deux cours martiales du Dr. St-Germain
- "Nouveau procès ordonné pour le Dr. St-Germain", L'Action: quotidien catholique, samedi 6 juillet 1968 à la p. 3; disponible à:
collections.banq.qc.ca/ark:/52327/3493165, vérifié le 28 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
- "Acquitté de l'accusation de conduite scandaleuse et déshonorante", Le soleil (Québec), lundi 5 août 1968 à la p. 5; disponible à:
collections.banq.qc.ca/ark:/52327/3169824, vérifié le 28 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
L'incident subséquent en 1972, à l'hôpital Fleury à Montréal
Clément Trudel, le journaliste, source: ledevoir.com/culture/medias/435215/journalisme-clement-trudel-un-homme-de-justice
- article par Clément Trudel, "Le Collège des médecins ne s'oppose pas à une enquête publique", Le devoir, vendredi le 17 novembre 1972, à la p. 2;
disponible à http://collections2.banq.qc.ca/jrn03/devoir/src/1972/11/17/5226335_1972-11-17.pdf, vérifié le 28 août 2018;
source de l'image: amom.net/wp-content/uploads/2015/04/LIVRE-VERSION-FINALE.pdf, vérifié le 28 août 2018
- "Me Chapados met en doute l'impartialité du juge Roche", La presse, 14 mars 1974, Cahier A, à la p. 3;
disponible à: collections.banq.qc.ca/ark:/52327/2601555, vérifié le 28 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
- article de Guy Deshaies, "Condamné à un an de prison. Le docteur Saint-Germain reste en liberté en
attendant", Le devoir, mardi, le 26 mars 1974 aux pp. 1 et 2; disponible à
collections2.banq.qc.ca/jrn03/devoir/src/1974/03/26/5226335_1974-03-26.pdf, vérifié le 28 août 2018;
- article de Léopold Lizotte, "On n'a pas prouvé que sa conduite désinvolte a causé la mort. Le Dr St-Germain
est acquitté en appel" du Québec, le 10 février 1976", La presse, jeudi le 12 février 1976, à la p. 2, disponible
à: collections.banq.qc.ca/ark:/52327/2606263, vérifié le 28 août 2018;
STILWELL, W.A., lawyer, defending officer in the court martial
referred to in this article: "Court-Martial is Continuing.
Inquire Into Alledged Negligence of Two R.C.A.M.C.", Hamilton
Spectator, 1943/04/15, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5028995
(accessed 24 September 2018);
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
Lt. Col (Ret’d) David Stinson, left, receiving in June 2017, from
Commodore Sean N.
Cantelon, Chief Executive Officer, Staff of the Non-Public Funds,
Canadian Forces, an
award for his cecretary work for the Organization of Military
Museums of Canada.
Image source: https://comoxairforcemuseum.ca/ommc-award-winner/,
accessed 21 February 2018
STINSON, David L., Federal
Human Rights Legislation in Canada: A Military Perspective,
Toronto, Ont. : Canadian Forces Command and Staff College, 1991,
55 leaves (series; Exercise New Horizons); notes: Course 17,
1990/91;
STIVER (S?), Kenneth, 1902-1986, lawyer with the OJAG, see "Keneth Stiver, 84, lawyer in Newmarket for 50 years", Toronto Star, Toronto, 5 December 1986 at p. A21;
He was born in Mount Albert and was called to the bar in 1926. He practised law on his own until World War II.Mr. Stiver was a company commander with the Queen's York Rangers from 1938 to 1942 and from 1942 to 1946
After the war, he joined the law firm that eventually became Stiver Vale Leck Monteith. He was the senior partner
was a lawyer with the Judge Advocate General's office at Canadian military headquarters in England. He held the
rank of colonel.
when he retired in 1980. ....
___________on STIVERS, R.M.R., Captain, from
Q.Y. Rang, was a legal officer in military district number 2
with Headquarters in Toronto 1943, see The
Quarterly Army List, October 1943, Part I, London: His
Majesty's Stationery Office, 1943 at p. 162 (bottom page number)
or p. 178A (top page number), available at https://deriv.nls.uk/dcn23/8903/89030567.23.pdf
(accessed 21 March 2019); the other legal officers there was
Captain Dean, D.G. from General List and Maj. Harvey, R.C.D. from
C. Scot R. was the Assitant Judge Advocate General, at same pages;
ST JOHN, Richard Geoffrey (Geoff), "Convegno
L'Ordinamento Giudiziario militare nei suoi riflessi
internazionali", Ministero Della Difesa,
disponible/available at http://www.difesa.it/Giustizia_Militare/rassegna/LaGiustiziaMilitareNelMondo/Delegati_internazionali/Pagine/Canada.aspx
(accessed 13 November 2015); note: Addetto
Militare presso l'Ambasciata del Canada in Italia;
___________"Should Canada Have a Foreign Espionage Service?",
Canadian Military Journal, vol. 17.number 4, available
at http://www.journal.forces.gc.ca/Vol17/no4/page56-eng.asp
(accessed 22 February 2019);
ST-LOUIS, M.J.C. (Carole) was a lawyer, member of the Quebec
Bar since 1988 and a Captain on 31 December 1990 with the
OJAG; her
seniority date for
that rank was 22
March 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);
__________on Carole St_louis, see https://ca.linkedin.com/in/carole-st-louis-046a3b39,
accessed 7 March 2020;
___________The notion of Equity in the
Determination of Maritime Boundaries and
its Application to the Canada-United
States Boundary in the Beaufort Sea, Thesis
(Ph.D.)--University of Ottawa, Faculty of Law, 2014;
Of the maritime boundaries yet to be delimited between Canada and the United States, the Beaufort Sea
might be the more pressing one, considering its strategic location in a rapidly developing Arctic region
and its vast economic potential. In accordance with the Law of the Sea Convention (UNCLOS),
maritime boundaries are to be delimited by agreement on the basis of international law as referred to in
Article 38 of the Statute of the International Court of Justice, in order to reach an equitable solution.
When an agreement cannot be reached, parties can resort to third-party arbitration. While jurisprudence
has determined that international law does not mandate a particular method of delimitation, it requires
the consideration of equitable principles, also called special circumstances or factors. The notion of
equity is therefore the foundation of boundary determination. But, what is equity and how is it applied?
This thesis examines the various forms of equity, their origins in legal philosophy and domestic law
and how they have been incorporated in international law. The main focus, however, is to analyse the
differences between how international tribunals or courts have interpreted and applied equity in
boundary determination and how States have applied it in negotiated agreements. While tribunals have
tended to consider equitable principles as equivalent to geographical proportionality, States have
considered those principles more in keeping with the notion of distributive justice and, more and more,
are taking a globalised approach to boundary determination. On the basis of this analysis, this thesis
evaluates the potential outcome of a third-party arbitration of the Beaufort Sea boundary dispute between
Canada and the United States as well as the options for settlement negotiations between the Parties. In the
Beaufort Sea area where hydrocarbon development is intrinsically linked not only to the development of
the local population but also to the entire Arctic region, be it on issues related to the environment, navigation
or security, the thesis concludes that a third-party adjudication would not serve the interests of the States.
As delimiting boundaries nowadays is only one aspect of the management of oceans related issues, interests
are best served when delimitation is understood as part of this global approach.
[source: https://ocul-uo.primo.exlibrisgroup.com/discovery/fulldisplay?docid=alma991010451899705161&context=L&vid=01OCUL_UO:UO_DEFAULT&lang=en&search_scope=MyInst_and_CI&adaptor=Local%20Search%20Engine&tab=Everything&query=creator,contains,St-Louis,%20carole,AND&mode=advanced&offset=0\, accessed 20 February 2020]
Pat Stogran, image source: http://yfile.news.yorku.ca/2002/12/02/lt-col-stogran-speaks-at-york-about-canada%E2%80%99s-military-capability/,
accessed on 15 November 2014
STOGRAN, Lietenant-Colonel Pat, "Fledglings Swans Take Flight: The
Third Battalion, Princess Patricia's Canadian Light Infantry in
Afghanistan", (Fall--Winter 2004) Canadian Army Journal
14-21; available at http://publications.gc.ca/collections/Collection/D12-11-7-3-4E.pdf,
accessed on 15 June 2014; aussi publié en français;
"THE LEGAL IMPERATIVEPersonal experiences with members of the Judge Advocate General (JAG) branch, who werecompletely anonymous to me, indicate that if our military force is going to avoid becomingmarginalized by other armies, the chain of command is going to have to come to terms with thespin that our JAG branch puts on international laws and conventions. In Afghanistan, we had aStrategic Targeting Policy that applied to the tactical objectives because exuberant JAG lawyersargued that we could not allow Canada to become liable under international laws by actionsfrom the tactical level. In fact, the constraints and bureaucratic red-tape extended to all facetsof the operation. While we were arguing about the legal status of our CSIS representative,whether or not he could wear a Canadian uniform or participate in military operations, the FBI,CIA, and British operatives were fully engaged in Afghanistan.
I would argue that international law is sufficiently vague, outdated and often out of touch with21st Century realities and inconsistent enough in terms of precedence to demand that our JAGbranch take a more pragmatic approach to operations. A Legal Officer actually told me that wehad to have a strategic targeting mechanism for tactical targets so as to avoid a situation such asthe aftermath of the crimes committed in Somalia where the Canadian Government was suedby the families that suffered. Those claims were settled out of court, which in legal terms is aform of avoidance and not an admission of guilt."(p. 14)
Image
source: www.friesenpress.com/bookstore/title/119734000022499373/Colonel-%28retired%29-Pat-B.-Stogran-Rude-Awakening,
accessed 1 May 2016
___________Rude Awakening: The Government's Secret War Against
Canada's Veterans, Victoria, Friesen Press, 2015, 254
p., ISBN: 978-1-4602-7165-0 Hardcover, 978-1-4602-7166-7
Paperback, 978-1-4602-7167-4 eBook; view table of contents and a
few pages at http://www.amazon.com/Rude-Awakening-Governments-Against-Veterans/dp/1460271653#reader_1460271653,
accessed 1 May 2016;
STOKES, Robert J. ("Rob"), Major, Legal Officer, member of the
OJAG, see https://www.lawyerscanada.net/maj-r-stokes/
(accessed 20 August 2018);
___________"Lethal weapon", (2003) 1 JAG Newsletter -- Les
actualités 76-77; MLOC training, Edmonton, 3-6 October 2002;
___________ " 'Sergeant Dunsmuir': The Crown-Soldier Relationship
in Canada ", (March 2011) 24(1) Canadian Journal of
Administrative Law & Practice 57-88;
For more than a century, Mitchell v. The Queen has defined the Crown-soldier relationship: it is not
contractual. However, the Supreme Court of Canada in Dunsmuir v. New Brunswick ruled that all
public employment is to be viewed, with three exceptions, through the lens of contract. In this article,
the author presents several objections to Mitchell. He argues that Dunsmuir applies to the Crown-soldier
relationship, which possesses many hallmarks of a contract Dunsmuir also exposes some incoherence in
the Canadian Forces’ current employment framework. The article concludes that a fundamental
reassessment of the relationship is long overdue.[http://search.proquest.com/openview/087d0432ec99b
25cbc4b16689d5b8977/1?pq-origsite=gscholar, accessed 7 February 2016]
____________"The Many Problems in Military Personnel Law &
Policy", (Spring 2012) 12(2) Canadian
Military
Journal 9-17; available at http://www.journal.dnd.ca/vol12/no2/09-stokes-eng.asp
(accessed on 25 March 2012);
FRANÇAIS :
____________"Les nombreux problèmes liés aux lois et
politiques sur le personnel militaire", (Printemps 2012) 12(2) Revue militaire canadienne
9-17; disponible à http://www.journal.dnd.ca/vol12/no2/09-stokes-fra.asp
(vérifié le 25 mars 2012);
STONEY, Robert M., former JAG officer, biographical notes at http://www.nbpolicecommission.ca/site/images/Biographies/Stoney%20%20English.pdf
and http://www.nbpolicecommission.ca/site/images/Biographies/Stoney%20FRENCH.pdf
(accessed 16 August 2015);
___________on STONEY, Robert M., former JAG officer, see
following photo with caption, Saint John High School
Alumni News, 2015, at p. 12:
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 STONEY, Robert M., former JAG officer, he is a
member of the Parole Board of Canada, since February 2019,
see https://ca.linkedin.com/in/robert-stoney-883a391a
(accessed 0n 30 March 2020);
STOYAK, Lucy, Report Prepared for the Canadian Department of Foreign Affairs and
International Trade Entitled 'The Non-Weaponization of Space'
(August 2001); title noted in thesis at http://digitool.library.mcgill.ca/webclient/StreamGate?folder_id=0&dvs=1421878582171~191
(accessed 21 January 2015);
ST-PIERRE, Jean, avocat, membre du Barreau du Québec,
capitaine et membre du JAG vers les années 1974-1978; a travaillé
à Ottawa;
------------------
Photo par Guillaume St-Pierre
Guillaume St-Pierre (source:
https://twitter.com/stpierregu?lang=en)
Geneviève Bernatchez
ST-PIERRE, Guillaume, "Elle veut aider les victimes à porter plainte. Geneviève Bernatchez est devenue la première femme procureure en chef des Forces canadiennes", Journal de Montéal, Actualité politique, 1er juillet 2017; disponible à http://www.journaldemontreal.com/2017/07/01/elle-veut-aider-les-victimes-a-porter-plainte (vérifié le 1er juillet 2017);
------------
(Michel
Bastien, MARPAC Imaging Service)
Heidi
Straarup
LCol Jay Simpson, left, presenting CD medal to Lt(N) Heidi
Straaup, Lookout Newspaper, vol. 61, number 10, 7 March
2016, at p. 16.
STRAARUP, Heidi, legal officer, member of the Office of the Judge
Advocate General, see https://ca.linkedin.com/in/heidi-straarup-656875a2
(accessed 26 August 2017);
STRANGE, T. Bland (Thomas Bland), 1831-1925, "The military aspect
of Canada : a lecture delivered at the Royal United Service
Institution", (1879) 22 Journal
of the Royal United Service Institution 737-789;
available at http://books.google.com/books?id=0xAsAAAAYAAJ&pg=PA780&dq=%22dominion+of+canada%22&hl=en&ei=o0MkTaz2MJOgnwfaqpWGAg&sa=X&oi=book_result&ct=result&resnum=5&ved=0CDsQ6AEwBDh4#v=onepage&q=%22dominion%20of%20canada%22&f=false
(accessed on 5 January 2011);
STRANGWARD. E.L., 1921-, Major, legal officer in 1969, see Canadian Forces Officers' List (Regular), 1969, available at https://navalandmilitarymuseum.org/sites/default/files/pdf/Navy_List_1969_March_400_dpi.pdf (accessed 17 August 2018);
Image
source: flickr.com/photos/lsuc_archives/14007933625, accessed 21
December 2017
Colin Morris Ardagh Strathy
STRATHY, Colin M.A. (Morris Ardagh), 1906-1982, born in Toronto,
admitted to the bar in 1933, served as group captain with the
OJAG, see The Globe and Mail, Apr 6, 1982, p.13;
rereference to him in McDonald's book, Canada's Military
lawyers , supra, at p. 64, where McDonald wrote: "Group
Captain C.M.A. Strathy of the JAG's office was a member of a
sub-committee [of the War Crimes Advisory Committee] that drafted
regulations to govern war crimes trials by Canadian courts
martial, along with Lieutenant-Colonel MacDonald and Wing
Commander Hopkins";
___________"Colin M. A. Strathy Lawyer, 75, served as group
captain", The Globe and Mail, Toronto, 6 April 1982, at p.
13; available at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....,
accessed 22 June 2020;
brother, James G.K.
Strathy, died in 1978.
___________Memorandum from Wing Commander C.M.A. Strathy, Deputy
Judge Advocate General, on "Re: Promulgation in Canada of
proceedings of Courts-Martial held overseas", 12 November 1943,
reproduced hereunder; this document
was previously released under Access to Information Act,
file A-2018-00072, Library and Archives Canada and it was
received by Francois Lareau under letter from Library and
Archives Canada to Francois Lareau, 4 September 2018, file
IR-2018-00630/GC;
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 STRATHY, Group Captain C.M.A., see McDONALD, R.
Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002, at p. 64,
available at i-xii
and 1-102;
___________on STRATHY, Group Captain C.M.A., see : https://qormuseum.org/soldiers-of-the-queens-own/strathy-colin-morris-ardagh-strathy/,
accessed 5 May 2020:
Wing Commander Colin Morris Ardagh Strathy, QC was born in Toronto on 7 August 1906,
son of Honorary Major Gerard Brakenridge Strathy, Canadian Army Medical Corps (who had
served in the QOR [The Queen's Own Rifles of Canada] 1895-1901) and Mabel Theodora Kirkpatrick (sister of Colonel A.J.E. Kirkpatrick
who commanded the QOR 1922-1925.) He attended the Royal Military College in Kingston
(No. 1762.) His brother (who also attended RMC) was Colonel James Cowan Kirkpatrick Strathy.On 25 August 1935 he married Ethel Margaret Bate at St Georges Church, Toronto.
During the late 1920’s and early 30’s he served with The Queen’s Own Rifles as an officer.
In 1940 he was appointed Deputy Judge Advocate General for the Air Force. In 1945 then
Group Captain C.M.A. Strathy of the JAG’s office was a member of a sub-committee of the
War Crimes Advisory Committee that drafted regulations to govern war crimes trials by
Canadian courts martial.He died 2 April 1982 in Toronto.
STRAUS, Melvin Potter, 1924-, The Control of subversive
activities in Canada [microform], Thesis --University of
Illinois, 1959, v. 360p., includes bibliography, 1 reel ; 35 mm.;
copy at University of Ottawa, Morisset, KE 4486 .S77 1959 (title
noted in my research but thesis not consulted yet, 14 October
2018);
image source: thevoxair.ca/Issues/2018/Web%20Voxair%20Issue%2021%202018.pdf,
accessed 7 March 2020.
STRECKER, William (William James), LCdr,
lawyer, member of the OJAG and member of the Law
Society of Ontario; employed as Deputy
Judge Advocate General Canadian Forces Base Trenton (information
gathered on 29 June 2018);
___________photos of LCdr William Strecker:
STREIGHT, H.N. (Harvey Newton), 1887-1960, major, membre du cabinet du JAG, voir "Enquête sur l'évasion des 28 Allemands", Le devoir, 26 avril 1941, à la p. 3; disponible à http://collections.banq.qc.ca/ark:/52327/2804310 (consulté le 25 juillet 2018);
U.S. Department of Defense Current Photos100121-F-2616H-017
Canadian Forces Lt. Commander William J. Strecker,
right, and U.S. Air Force Staff Sgt. Veronica Pierce clear
their M9 pistols after a weapons firing refresher course at
Tarnak Farm Range Jan. 21, 2010, in Kandahar, Afghanistan.
Strecker and Pierce are assigned to the 205th Coalition Mentoring
Team. (DoD photo by Senior Airman Kenny Holston, U.S. Air Force/Released)
Source: https://www.flickr.com/photos/39955793@N07/4308806583/in/photostream/, accessed 7 March 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
___________Death notice of Harvey Newton Streight, The Ottawa
Journal, Saturday, 4 June 1960 at p. 22, available at
https://www.newspapers.com/...., accessed 14 June 2020;
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
____________Notes on Harvey Newton Streight: "Memorable
Manitobans: Harvey Newton Streight: : Lawyer, soldier", available
at http://www.mhs.mb.ca/docs/people/streight_hn.shtml
(accessed 3 August 2018):
Born at Kemptville, Ontario in 1887, he came to Winnipeg in 1904. During the First World War, he enlisted as a
Private in the Royal Winnipeg Rifles, rising to the rank of Lieutenant, and serving at St. Eloi, Santuary Wood,
The Somme, and Ypres.
On his return from military service, he article in law with the firm of Aikins, Fullerton and Company, and with
A. K. Dysart. He was called to the Manitoba Bar in 1922. He was appointed Lecturer of the Manitoba Law School
in 1930 and became Recorder of the school in 1945. Prior to the outbreak of the Second World War, he became
a Lieutenant Colonel and served for a time as Commanding Officer of the Winnipeg Grenadiers reserve unit
and, in 1940, he rejoined the army, first serving as District Judge Advocate General at the headquarters of
Military District 10. Late in 1941, he went to Ottawa and became Director of Prisoners of War, a post he held
until his military discharge in 1945. He was made a Queen’s Counsel in 1954. He was President of the
Conservative Party of Manitoba from 1934 to 1938.
He died at Winnipeg on 2 June 1960 and was buried in the Garry Memorial Park
Sources: “Veteran lawyer, soldier, Col. Harvey Streight dies”, Winnipeg Free Press, 3 June 1960.
[Manitoba Legislative Library, Biographical Scrapbook B12, page 30]
This page was prepared by Gordon Goldsborough.
____________on Harvey Newton Streight, see "Col. H.N. Streight
Heads Directorate of Prisoners-of-War", The Ottawa Journal,
Saturday, 20 February 1943 at p. 11; available at
https://www.newspapers.com/, accessed 16 May 2020;
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
____________on Harvey Newton Streight, see the article "Military
Inquiry In Nazis' Escape Will Open Monday", The Evening
Citizen, Ottawa, 26 April 1941 at p. 15; retrieved from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2339896764?accountid=46526,
accessed 30 April 2020;
Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed
___________on STREIGHT, H.N., 1887-, Lieutenant-Colonel, in
1940 was Assistant Judge Advocate General of military district 10
in Winnipeg, see "Straight Takes Internment Post", Star-Phoenix,
Saskatoon, Thursday, 15 January 1942 at p. 2; available at ,
accessed 18 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
___________sur STREIGHT, Harvey Newton, voir sa photo "Le
Lt.-Col. Harvey Newton Streight", L'écho de Frontenac,
jeudi, 1er octobre 1942, disponible à http://collections.banq.qc.ca/ark:/52327/4038574,
page vérifié le 29 juin 2020;
Stephen Strickey (left) with Professor Dunlap, at
the Canadian Forces military justice conference in
Ottawa, 2014, photo source: http://web.law.duke.edu/lens/,
accessed 16 November 2014
STRICKEY, Stephen S. (Steve), "After Afghanistan: where to from
here? Panel 4, International military operations: lessons
learned and challenges for..", Law, Ethics and National Security
Conference (2012 : Duke University. School of Law), Internet
resource, Durham, N.C.] : Duke Law, [2012], available at https://www.youtube.com/watch?v=kiyiK5_4Yys
(accessed 24 January 2016);
__________" 'Anglo-American' Military Justice Systems at the
Precipice of Civilianization: Will Discipline Survive?", paper,
see Cambridge Journal of International and Comparative Law
at http://www.cjicl.org.uk/index.php/component/content/article?id=74
(accessed
on 27 August 2013); also available at http://cilj.co.uk/wp-content/uploads/2016/11/Vol-24.pdf
(accessed 28 December 2018);
In a comparative context, this paper will
examine the historic and current trends toward the
civilianization of military justice
systems in the United Kingdom, Canada, Australia and the
United States respectively. The paper will attempt to
reconcile
whether the respective legal traditions of a chain of
command-centric military justice system can adequately balance
the
disciplinary requirements of an armed force while increasingly
incorporating civilian criminal justice practices. The
paper
will conclude by arguing that those entrusted with thesuperintendence of the military justice system in
these countriesmust
pay heed to the effect of civilianization while examining
whether such changes serve the best interests of the armed
forces.
[source:http://www.cjicl.org.uk/index.php/component/content/article?id=74]
___________ " 'Anglo-American' Military Justice Systems
at the Precipice of Civilianization: Will Discipline Survive?",
(2013) 2(4) Cambridge Journal of International and Comparative
Law 763-799; available at http://cjicl.org.uk/archive/
(accessed on 27 March 2014);
___________"The Influence of International Human Rights Law on
Military Justice as an Accountability Mechanism", available at http://congresoderechomilitar.com/info/wp-content/uploads/2014/11/20-11-14-Teniente-Coronel-stephen-s.-striekey-ISMLLW-presentation-IHL-and-MJS-FINAL-COLUMBIA-14-00.pdf,
accessed on 21 Decdember 2014;
___________International week panel [electronic resource]:
comparative prosecutorial practice, internet resource, [Durham,
N.C.] : Duke Law, [2011]. http://realserver.law.duke.edu/fall11/intstu/10252011.mp4;
"Lieutenant-Colonel Steve Strickey-BPE, BA, LLB, LLM.
Directeur juridique/Justice militaire–Stratégique / Director of Law/Military Justice–Strategic
LCol Strickey joined the Canadian Forces in January 2002. He has completed a
number of postings including Deputy Judge Advocate in Halifax, Nova Scotia
(2002-2005); Directorate of Law Military Justice Policy and Research (2005-2008)
and the Military Justice Strategic Implementation Team (2009) at National Defence
Headquarters in Ottawa, Ontario. LCol Strickey is currently the Director of Law/
Military Justice–Strategic, that is responsible for the development and implementation
of a strategic military justice vision for the Office of the JAG. He is currently providing
legal support to the JAG and Deputy JAG for Military Justice in furtherance of Bill C-15,
Strengthening Military Justice in the Defence of Canada Act currently before the
Canadian Parliament.
Operationally, he acted as the Senior Legal Advisor on two Canadian Task Force
deployments to Afghanistan in 2005-06 and 2009 where he advised the operational
commander on the full spectrum of legal issues related to the . LCol Strickey is the
recipient of the South West Asia Service Medal (with Afghanistan Bar), the General
Campaign Star-South West Asia and the Queen’s Diamond Jubilee Medal.
He received his LLM from Duke University School of Law in 2012 where he graduated
magna cum laude, was a staff editor on the Duke Journal of Comparative and International
Law and was selected as the degree marshal fo r the LLM class. His paper on the
civilianization of “Anglo-American” military justice systems was presented at Cambridge
Law School on 21 May 2013 at a conference hosted by the Cambridge Journal of International
and Comparative Law" (source: CBA National Military Law Conference June 7, 2013–
Ottawa, ON, "Conference Materials"
[available at http://www.cba.org/cba/cle/pdf/MIL13_Materials.pdf, accessed on 21 December 2014]
___________Notes on Steve Strickley:
Major Stephen Strickey, Legal Officer – Canadian Forces, BPE, BA, LLB, LLM (Candidate). Major
Strickey attended the University of Brighton, England and the University of New Brunswick where hegraduated on the Dean’s List with a Bachelor of Arts in 1997. He graduated from the University of NewBrunswick Law School in 1998. He began his career in private practice in 1999 and was appointed anofficer in the Canadian Forces in January 2002. He has completed a number of postings including DeputyJudge Advocate to the Fifth Maritime Operations Group (MOG 5) in Halifax, Nova Scotia (2002-2005);Directorate of Military Justice Policy and Research (2005-2008); and the Military Justice StrategicImplementation Team at National Defence Headquarters in Ottawa (2009). Operationally, he acted as theSenior Legal Advisor on two Canadian Task Force deployments to Afghanistan in 2005-06 and 2009where he advised the commander on a range of legal issues related to armed conflict. He is a graduate ofthe Canadian Forces Language School (2011) and is currently pursuing his LLM at Duke Law School.
[Source: https://law.duke.edu/ownerassets/pdfs/lens/lensconferencespeakerbiographies.pdf, accessed 10 May 2017]
___________on Steve Strickley, see CANADIAN FORCES, "Legal
Officer in the Canadian Forces", available at http://www.forces.ca/Content/transcripts/00204_legalofficer_en.html
(accessed on 9 March 2012); notes; interview with Major
Steve Strickey and Lieutenant Navy Dorothy Liang from the Office
of the Judge Advocate General;
Colonel Stephen Strickey, photo still.
__________Testimony of Colonel Strickey, Stephen, Deputy
Judge Advocate General, Military Justice, before
the House of Commons on Bill C-77, An Act to amend
the National Defence Act and to make related and consequential
amendments to other Acts, Tuesday, October 23, 2018 (42nd
Parl., 1st Sess.), see http://www.ourcommons.ca/Committees/en/NDDN/StudyActivity?studyActivityId=10298424
and http://parlvu.parl.gc.ca/XRender/en/PowerBrowser/PowerBrowserV2/20181023/-1/30279?Language=English&Stream=Video&useragent=Mozilla/5.0%20(Windows%20NT%206.1;%20Win64;%20x64;%20rv:62.0)%20Gecko/20100101%20Firefox/62.0
(accessed 24 October 2018);
__________Testimony of Colonel Strickey, Stephen, Deputy
Judge Advocate General, Military Justice, before
the House of Commons on Bill C-77, An Act to amend
the National Defence Act and to make related and consequential
amendments to other Acts, 20 November 2018 (42nd
Parl., 1st Sess.), see see http://www.ourcommons.ca/Committees/en/NDDN/StudyActivity?studyActivityId=10298424#2018-11-20
(accessed 21 November 2018);
__________Testimony of Colonel Strickey, Stephen, Deputy
Judge Advocate General, Military Justice, before
the Senate Standing Committee on National Security
and Defence, on Bill C-77, An Act to
amend the National Defence Act and to make related and
consequential amendments to other Acts, 27 May 2019,
available at https://senvucloud.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2/20190527/-1/9143
(accessed 29 May 2019);
__________testimony of Lieutenant-Colonel Stephen Strickey, Director Law, Military Justice on Bill C-15, An Act to
amend the National Defence Act and to make consequential
amendments to other Acts -- this Bill has the Short Title: Strengthening
Military Justice in the Defence of Canada Act,
- before the House of Commons Standing Committee on National Defence, meeting number 66, 13 February 2013, minutes and evidence; Note: present at the Committee but did not testify;
- before the House of Commons Standing Committee on National Defence, meeting number 67, 25 February 2013, minutes and evidence; Note: present at the Committee but did not testify;
- before the House of Commons Standing Committee on National Defence, meeting number 68, 27 February 2013, minutes and evidence; Note: present at the Committee but did not testify;
STRICKEY, Stephen et al., After Afghanistan : where to from
here?. Panel 4, International military operations : lessons
learned and challenges for the future,
[Durham, N.C.] : Duke Law, [2012], video, 68 minutes; summary:
Military lawyers from a number of ISAF member reflect on the role
of legal advice in military operations; notes: Charles Dunlap
(Duke Law School), moderator ; Commander Hugh Cameron (Australian
Navy), Lieutenant Colonel Rob Preston (USAF), Major Steve Strickey
(Canadian Forces), Squadron Leader Joanne Swainston (Royal Air
Force), panelists;.please consult the Duke University catalog for
more information;
STRICKEY, Stephen (Steve) and Patrick Vermette, "The Influence of
International Human Rights Law on Military Justice as an
Accountability Mechanism", ISMLLW -- Ypres Conference 14 October
2014, available at http://www.ismllw.org/conferences/2014_10_12_ypres_textes%20des%20orateurs/2014_10_14_14%20Vermette%20P.pdf
(accessed on 21 October 2014);
Image source: https://www.linkedin.com/in/todstrickland,
accessed 21 February 2019
Tod Strickland
STRICKLAND, Richard T, Colonel, Canadian Armed Forces, Crisis
to Catalyst: The Strategic Effects of the Somalia Affair on the
Canadian Armed Forces, US Army School for Advanced Military
Studies Fort Leavenworth United States, 25 May 2017, 61 p.,
Technical Report,05 Jun 2016, 25 May 2017; Accession Number : AD1039939;
see http://www.dtic.mil/docs/citations/AD1039939 (accessed 3 Narch
2018); available at https://cgsc.contentdm.oclc.org/digital/collection/p4013coll3/id/3665
(accessed 21 September 2020);
Abstract : This historically based monograph uses a combination of primary and secondary sources, Canadian doctrine, and academic theory to explain
how the Somalia Affair has affected the Canadian Armed Forces (CAF). It shows how tactical incidents in Somalia, during the UNITAF mission,
triggered a strategic crisis that was fundamentally mishandled by the extant strategic leadership, and then formed a catalyst for significant strategic
and institutional effects, which continue to impact the CAF to this day. It clearly demonstrates that the Somalia Affair ruptured Canadian civil-military
relations, adversely impacted the professional autonomy of the military, and forced an unprecedented evolution of the Canadian officer corps.
Following a detailed literature review, each element of the Affair is discussed, enabling observation of the leadership and ethical failings which
generated the strategic effects. Focus subsequently turns to the principle strategic effects and their continued impact on the CAF and the society it serves.
In conclusion, several implications are discussed.
STRUM, Roger, "Creation of the Military Law Section" (July/Juillet
2000) Sword & Scale -- Salut militaire
1; available at http://web.archive.org/web/20030519184345/abc.cba.org/Sections/military_F/sword+00-07.pdf
(accessed on 18 April 2012);
FRANÇAIS
STRUM, Roger, "Précis : Création de la Section de droit militaire"
(July/Juillet 2000) Sword
& Scale -- Salut militaire
1; disponible à http://web.archive.org/web/20030519184345/abc.cba.org/Sections/military_F/sword+00-07.pdf
(site visité le 18 avril 2012);
___________"Message from the Chair" (January/Janvier 2001) Sword & Scale -- Salut militaire
2; available at http://web.archive.org/web/20030519205047/abc.cba.org/Sections/military_F/sword+01-01.pdf
(accessed on 18 April 2012);
FRANÇAIS
___________"Précis : Message du président" (January/Janvier 2001)
Sword & Scale -- Salut militaire
2; disponible http://web.archive.org/web/20030519205047/abc.cba.org/Sections/military_F/sword+01-01.pdf
(site visité le 18 avril 2012;
___________"Military Administrative Law -- Droit Administratif
Militaire", August 2012, pdf format, part of the 2012
Canadian Bar Association Canadian Legal Conference and
Marketplace/Conference juridique canadienne (CJC) et Marché
juridique de l'Association du Barreau canadien; available
from the Canadian Bar Association Store; $40.00 for
non-members and $25.00 for members;
Description
This slide presentation outlines how elections are held, and how
military service estates are handled. [Source: http://www.cba.org/cbastore/search.aspx?pubid=2&subject=Military+Law,
accessed on 17 April 2013]
Roger Strum, left, with the JAG, Jerry Pitzul, image source:
(July-Oct 2000) 3 JAG Newsletter--Bulletin d'actualités at
p. 5
__________Military Intervention in Law Enforcement Related
Activities in Canada: A Critical Review of Its Use in Peacetime,
Master's essay (for LL.M. degree) / mémoire de maîtrise en droit
(pour le grade LL.M.), Université d'Ottawa, 2003, 65 p.; source:
"Liste des mémoires de maîtrise et thèses de doctorat acceptés en
2003", (Automne 2003) 63 La Revue du Barreau 435-447, à la
p. 437; voir/see http://www.barreau.qc.ca/pdf/publications/revue/2003-tome-63-2-p435.pdf
(vérifié/accessed on 3 August 2008); ce mémoire n'est pas
disponible pour consultation; courriel envoyé à
roger.strum@forces.gc.ca qui est un Lieutenant-colonel (9 janvier
2012); celui-ci n'a pas répondu (18 mars 2012); essay
obtained by François Lareau, under the Access to Information Act, see letter of Julie
Jansen, Director to Information and Privacy, 9 August 2012, their
file: A-2012-00506;
put on line on 27 September 2012;
- Table
of Contents;
- complete
essay (65 p.);
___________on Lieutenant-Colonel Strum, see the following
article: "Marsh Board legal advisor to be replaced, News Release / July 30, 1999 / Project number: NR-99.071,
available at http://www.forces.gc.ca/en/news/article.page?doc=marsh-board-legal-advisor-to-be-replaced/hnlhlx8b
(accessed 27 September 2018);
OTTAWA -The legal advisor to the Canadian Forces’ Board of Inquiry into the possible exposure of
Canadian troops to toxic substances in Croatia between 1993 and 1995 has asked to be replaced as a
technical advisor to the Marsh Board."Lieutenant-Colonel Roger Strum came to me yesterday to discuss reservations he had regarding his
role as my legal advisor," said Colonel Howie Marsh, President of the Board.Lieutenant-Colonel Strum considered his previous temporary duty in Calgary and his role as prosecutor
in the court martial of then-Naval Lieutenant Eric Smith, an individual who may be asked to provide
information to the Board. In light of the work plan for the Board, Strum could see the possibility of an
appearance of conflict.Lieutenant-Colonel Strum is not a member of the Board in that the legal advisor’s role is to provide legal
counsel to the proceedings. His replacement will be named next week."This move will not have an impact on the proceedings of the Board as we are just getting organised and
we have not yet begun our actual work," said Marsh.
___________"Relief from performance of military duty" (June/Juin
2001) Sword & Scale -- Salut militaire
5; 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 : Le retrait des fonctions militaires"
(June/Juin 2001) Sword & Scale -- Salut militaire
5; disponible à http://web.archive.org/web/20050125074204/http://dev.cba.org/CBA/Sections/military/sword2001-06.pdf
(site visité le 18 avril 2012);
___________Research note by François Lareau: LCol R. C.
Strum, DND/CF LA was the legal advisor to the Board of
Inquiry--Afghanistan 2002: "to investigate the injury and death of
Canadian Forces personnel during live fire training at or near
Kandahar, Afghanistan on or about 172140Z Apr 02"; see http://web.archive.org/web/20050212085228/http://www.vcds.dnd.ca:80/boi/tor_e.asp
(accessed 15 April 2018);
STRUM et al., Conseillers juridiques et soutiens administratifs
aux scrutateurs, "Forces armées canadiennes--Présentation aux
scrutateurs militaires -- Élection fédérale générale de 2015 (vote
militaire : 05 Oct 15 au 10 Oct 15)", disponible à https://www.canada.ca/content/dam/dnd-mdn/migration/assets/FORCES_Internet/docs/fr/jag/presentation-scrutateurs-militaires-fc.pdf,
site consulté le 7 mars 2020;
Don Stuart, photo source: http://law.queensu.ca/facultyAndStaff/facultyDirectory/stuart.html,
accessed on 11 April 2014
STUART, Don, "Annotation: R. v. Finta (1994) 28
C.R. (4th) 265 (S.C.C.)" (1994) 28 C.R. [Criminal Reports]
(4th) 269-271; the article deals in part with s. 25 of the Criminal
Code and obedience to superior orders; research note: Don
Stuart was director of the Ph.D. thesis of Pascal Lévesque, L'évolution
et la réforme des procès sommaires en justice militaire
canadienne / [The Evolution and Reform of Summary Trials
in Canadian Military Justice], Ph.D., Queen's University,
2016;
STUBBS, Roy St. George, on, see "Dedication Roy St. George Stubbs
(1907-1995), (1996) 24(2) Manitoba Law Journal 195-196,
1996 CanLIIDocs 137, <http://www.canlii.org/t/sgbt>
and https://commentary.canlii.org/w/canlii/1996CanLIIDocs137#!fragment/zoupio-_Tocpdf_bk_1/BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoAvbRABwEtsBaAfX2zhoBMAzZgI1TMAjAEoANMmylCEAIqJCuAJ7QA5KrERCYXAnmKV6zdt0gAynlIAhFQCUAogBl7ANQCCAOQDC9saTB80KTsIiJAA,
accessed 16 September 2020;
[Excerpt only]
Image
source:
http://dandurand.uqam.ca/evenements/evenements-passes/600-lancement-de-la-revue-global-brief.html,
accessed 9 January 2014
STUDIN, Irvin, "Constitution and Strategy: Understanding Canadian
Power in the World", (2009) 5(1) Comparative Research in Law & Political Economy,
92 pages and see "The Military" at pp. 30-38; available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1346454
(accessed on 21 January 2012);
___________"The Strategic Constitution in Action: Canada's Afghan War as a Case Study", (2012) 13(5) German Law Journal 419-448; available at https://www.germanlawjournal.com/pdfs/Vol13-No5/PDF_Vol_13_No_05_419-448_Articles_Studin.pdf (accessed 19 July 2015);
--------------------------
Image: https://www.gg.ca/gallery.aspx?id=11327&lan=eng,
Sgt Ronald Duchesne (photo)
Sandra Sukstorf, image source:
www.linkedin.com Commander Sandra Sukstorf being awarded Order of
Military Merit at the Officer level (O.M.M.
SUKSTORF, Sandra, biography/biographie, available at http://www.jmc-cmj.forces.gc.ca/en/biographies-sukstorf.page
and en français à http://www.jmc-cmj.forces.gc.ca/fr/biographies-sukstorf.page
(acccessed 1 June 2017);
Military Judge (Commander) S.M. Sukstorf (MacLeod), LL.M. OMM, CD
Judge Sandra Sukstorf was raised in Coniston, Ontario. She joined the Canadian
Armed Forces (CAF) in 1982 and has served as both a Regular and Reserve
Force Officer. She holds a Bachelor of Laws (LLB) from Dalhousie Law School
and a Master of Laws (LLM) from Queen’s University. She was called to
the Bar in Nova Scotia, Ontario and British Columbia. She holds degrees
from the Royal Military College: (Honours BA, Economics and Commerce) and
a Master of Defence Studies (MDS); and she is a graduate of the Canadian Forces
Joint Command and Staff Programme (JCSP).Judge Sukstorf articled for Boyne Clarke, Barristers and Solicitors in Dartmouth,
Nova Scotia. She began her military legal career in AJAG Atlantic, Directorate
of Law (Military Personnel) and the Directorate of Law (Military Justice). Later,
she served in the Directorate of Law (International), where she advised on NATO
issues and supported CAF witness testimony and the release of CAF information
to the International Criminal Tribunals for Former Yugoslavia (ICTY) and Rwanda (ICTR).In September 2004, Judge Sukstorf accepted a position with a small privately
held corporation and transferred to the Reserves. From 2004-2008, she served
on 3 Public Boards: Vice Chair of the Cambrian College Board of Governors;
Vice Chair for the Economic Development Corporation for the Greater City of
Sudbury; and as a Director on the Greater Sudbury Airport Development Board.
During part of this time, she practiced law with a very reputable law firm in Sudbury,
Ontario.In July 2008, she returned to the Regular Force as a legal adviser to the Strategic
Joint Staff and later became Special Assistant to the Judge Advocate General. From
2012 until 2015, she served as Assistant Judge Advocate General (Central Region)
(Toronto). In August 2015, she became Deputy Assistant Judge Advocate General
(Pacific Region) as a Reservist.In 1999, Judge Sukstorf deployed to Sarajevo, Bosnia as Assistant Legal Adviser
to the Commander of the NATO Stabilization Force (COMSFOR). She received the
Deputy Chief of Defence Staff Commendation. In 2002, she deployed to the Arabian
Gulf on Operation Apollo (Canada’s contribution to the campaign against terrorism)
as legal adviser to the Commander of the Canadian Naval Task Group.In June, 2015, she was inducted as an Officer into the Order of Military Merit
(OMM). From August 2015, she was a manager with the Law Society of British
Columbia in the Professional Conduct Department until February 17, 2017 when
the Governor in Council appointed her a Military Judge. Judge Sukstorf enjoys
running, tennis and hockey. She is married to Simon and together they have 4
grown children.
--------------------------
Juge militaire (Capitaine de frégate) S.M. Sukstorf (MacLeod), LL.M. OMM, CD
La juge Sandra Sukstorf a grandi à Coniston (Ontario). Elle s’est enrôlée dans les
Forces armées canadiennes (FAC) en 1982 et elle a servi comme officier dans la
Force régulière et la Réserve. Elle détient un baccalauréat en droit (LLB) de la
faculté de droit de l’Université Dalhousie et une maîtrise en droit (LLM) de
l’Université Queen’s. Elle a été admise au barreau de la Nouvelle-Écosse, de
l’Ontario et de la Colombie‑Britannique. Elle détient des diplômes du Collège militaire
royal (baccalauréat avec mention, économie et commerce) et une maîtrise en études
de la défense (MED); elle est également diplômée du Programme de commandement
et d’état-major interarmées des Forces canadiennes.La juge Sukstorf a été stagiaire chez Boyne Clarke, avocats, à Dartmouth
(Nouvelle‑Écosse). Elle a commencé sa carrière militaire en droit au sein de l’AJAG
Atlantique, la Direction juridique (Personnel militaire) et la Direction juridique
(Justice militaire). Plus tard, elle a servi au sein de la Direction juridique (International),
où elle a offert des conseils juridiques sur des questions concernant l’OTAN et a assuré
la coordination des dépositions des témoins des FAC et de la communication d’information
des FAC au Tribunal pénal international pour l’ancienne Yougoslavie (TPIY) et au
Tribunal pénal international pour le Rwanda (TPIR).En septembre 2004, la juge Sukstorf a accepté un poste avec une petite société privée
et est mutée à la Force de réserve. De 2004 à 2008, elle siège à 3 conseils publics :
vice-présidente du Conseil d’administration du Collège Cambrian, vice-présidente
de la Corporation de développement économique de la ville du Grand Sudbury et directrice
du Conseil de développement de l’aéroport du Grand Sudbury. Pendant cette période,
elle exerce le droit au sein d’une société d’avocats de très bonne réputation à Sudbury
(Ontario).En juillet 2008, elle retourne au sein de la Force régulière à titre de conseillère juridique
de l’État-major interarmées stratégique, puis comme adjointe spéciale au
Juge-avocat général. De 2012 à 2015, elle sert comme assistante du Juge-avocat
général (Région du Centre) (Toronto). En août 2015, elle occupe le poste d’assistante
Juge-avocat général adjointe (Région du Pacifique) à titre de réserviste.En 1999, la juge Sukstorf participe à un déploiement à Sarajevo (Bosnie) en tant que
conseillère juridique adjointe au commandant de la Force de stabilisation (COMSFOR) de
l’OTAN. Elle a reçu la mention élogieuse du Sous-chef d’état-major de la Défense. En
2002, elle est envoyée en déploiement dans le golfe Persique dans le cadre de l’opération
APOLLO (la contribution du Canada à la campagne contre le terrorisme) à titre de
conseillère juridique au commandant du Groupe opérationnel naval du Canada.En juin 2015, elle a été nommée officier de l’Ordre du mérite militaire (OMM). Du
mois d’août 2015 au 17 février 2017, elle était gestionnaire au sein du service de la conduite
professionnelle de la Law Society of British Columbia, date à laquelle le gouverneur en
conseil l’a nommée juge militaire. La juge Sukstorf pratique la course, le tennis et le
hockey. Elle est mariée à Simon et ils ont quatre enfants d’âge adulte.
___________ linkedin notes, available at https://www.linkedin.com/pub/sandra-sukstorf-omm-cd/2/bb8/a03?trk=pub-pbmap
(accessed on 2 May 2015);
Education
Queen's UniversityMaster of Laws (LLM), International, Privacy and Immigration Law
Master of Laws (LLM)
Activities and Societies: Completed.
Canadian Forces College
Master of Defence Studies, Naval Interdiction of Vessels on High Seas (carrying Illegal Migrants)
Image
source: everitas.rmcclub.ca/ex-cadets-and-more-in-the-news-7/,
accessed 28 February 2017
Sandra Sukstorf, ex cadet class of 1986
__________named a military Judge on 17 February 2017: "His Excellency the Governor General in
Council, on the recommendation of the Minister of National
Defence, pursuant to section 165.21 of the National Defence
Act, appoints Commander Sandra Sukstorf of Vancouver, British
Columbia, an officer of the Canadian Forces who is a barrister
or advocate of at least 10 years’ standing at the bar of a
province and who has been an officer for at least 10 years, to
be a military judge, to hold office during good behaviour.";
see http://www.pco-bcp.gc.ca/oic-ddc.asp?lang=eng&Page=secretariats&txtOICID=&txtFromDate=&txtToDate=&txtPrecis=Sukstorf&txtDepartment=&txtAct=&txtChapterNo=&txtChapterYear=&txtBillNo=&rdoComingIntoForce=&DoSearch=Search+%2F+List
(accessed 27 February 2017);
-------
Image source: en.wikipedia.org/wiki/Benjamin
_Sulte,
accessed 30 November 2014
Benjamin Sulte
SULTE, Benjamin, 1841-1923, Histoire de la milice
canadienne-francaise, 1760-1897, Montréal, Desbarats &
Cie Imprimeurs et Graveurs, 20 juin 1897, 147 p.; disponible
à http://www.archive.org/details/cihm_24418
(vérifié le 20 décembre 2011);
___________note de recherche -- Qui était Benjamin Sulte?
Né à Trois-Rivières en 1841 et décédé à Ottawa en 1923
Fit ses études à l'École militaire de Québec (1865-1866)
Exerce divers métiers (1851-1863)
Militaire (1863-1866)
Traducteur à la Chambre des communes (1867-1870)
Chef de division, département de la milice (1870-1903)
Contribution à la vie littéraire: Histoire, journalisme (articles à
caractère historique), poésie, prose d'idées, récit bref
Source: Sous la direction de Maurice Lemire et Denis Saint-Jacques, La vie littéraire du Québec, vol. 4,
"Je me souviens", 1870-1894, Les Presses de l'Université Laval, 1999, à la p. 100, disponible à
https://books.google.ca/books?id=qcoN7N_n3IcC&pg=PA100&lpg=PA100&dq=trudel+avocate+militaire&source=
bl&ots=LOI1SDwkSc&sig=ACfU3U1xPeKE0JlH00TizvZAw_w_qhpr0w&hl=en&sa=X&ved=2ahUKEwjcs_L2oK
zhAhUpuVkKHfN6B8c4HhDoATAJegQICRAB#v=onepage&q=trudel%20avocate%20militaire&f=false, consulté le 31 mars 2019
___________L'organisation
militaire du Canada, 1636-1648, dans Des Mémoires de
la Société royale du Canada, deuxième série, 1896-97,
Ottawa: John Durie and sons, 1896; disponible à http://www.archive.org/details/lorganisationmi00canagoog
(vérifié
le 25 février 2012); aussi disponible à http://bibnum2.banq.qc.ca/bna/numtexte/318925.pdf
(visité le 24 octobre 2014)
__________ Le Régime militaire 1760-1764, dans Des
Mémoires de la Société royale du Canada, deuxième série,
1905-1906, Ottawa: J. Hope et fils, 1905, 88 p. Note: Discours
présidentiel, mai 1905; voir https://ia600300.us.archive.org/27/items/lergimemilitaire00sult/lergimemilitaire00sult.pdf
(consulté le 29 novembre 2017);
SUTHERLAND, J.M., wing commander, lawyer and legal officer with
the JAG (Army General List Officer), circa 1948-1952; got this
information from the Canadian Army List of that period;
440 Squadron -- Badge A bat in
front of clouds "
___________photo du Wing Commander (W/C) J.M. Sutherland, "Nouveau Commandant", Progrès du Saguenay, samedi 10 mars 1956 à la p. 1, disponible à http://collections.banq.qc.ca/ark:/52327/2620050 (consulté le 15 mars 2019); on 440 Squadron, see https://www.rcafassociation.ca/heritage/history/post-second-world-war-rcaf/440-squadron/ (accessed 25 October 2020); W/C J.M. Sutherland, CD was commander of 440 Squadron from 9 Feb 56 – 28 Mar 57;
SUZOR, L.T. (Louis Timothée), 1834-1866, Code militaire/ traduit et compilé par L. T.
Suzor; approuvé par W. Gordon, Québec: G. et G. E.
Desbarats, 1864, xii, 250 p. : ill. ; 17 cm. disponible à http://www.archive.org/details/cihm_44374
(vérifié
le 25 février 2012); notes: "Compilation de plusieurs des
principaux ouvrages publiés en anglais ayant rapport à
l'armée, préparée pour les étudiants de l'école militaire établie
à Québec en 1864 en but de former les officiers de la
Milice. Cf. "Note" (p. [iii], v)";
SWAIN, Harry, 1942-, Oka: A
Political Crisis and Its Legacy, Vancouver : Douglas
& McIntyre, c2010, xiii, 250 p., [16] p. of plates : ill.,
port., map ; 24 cm., ISBN: 9781553654292; see preview at http://www.cdfai.org/the3dsblog/?p=26
(accessed on 31 May 2012);
SWAINSON, Arthur K. 1931-1978, "The Rules of Evidence at Courts
Martial A Study of the Military Rules of Evidence" in eight
Parts, (1977) 25 Chitty's Law Journal 272-283, 312-320,
329-332; (1978) 26 Chitty's Law Journal 25-31, 52-62,
160-166, 212-216, 227-244; Research Note by François Lareau:
This article is a copy of LCol Swaison's thesis for the LL.M.
degree, University of Manitoba, 1976, 337 p. Note de
recherche de François Lareau: Cet article est une copie de
la thèse du Lieutenant-Colonel Swainson pour l'obtention du degré
LL.M., University of Manitoba, 1976, 337 p.;
- his thesis has been publish by the University of Manitoba in
html format at http://webcache.googleusercontent.com/search?q=cache:WgDNOz0fc-QJ:mspace.lib.umanitoba.ca/bitstream/1993/13897/1/
Swainson_The_rules.pdf+&cd=1&hl=en&ct=clnk
(accessed on 7 January 2013);
- his thesis has been published in pdf format by the
University of Manitoba at http://mspace.lib.umanitoba.ca/handle/1993/13897
(accessed on 7 January 2013);
__________on Arthur K Swainson, see short notes in Legion,
Manitoba & Northwestern Ontario Command, Military
Recognition Book, volume 10, at p. 247, available at http://www.mbnwo.ca/forms/msrb_vol10.pdf
(accessed 18 April 2020);
___________there is an article about SWAINSON, Arthur K., member
of the OJAG by H.B. in 8-WINNIPEG, FÖSTUDAGUR 30. JANÚAR
1981 at p. 8, in Icelandic, see http://timarit.is/view_page_init.jsp?pageId=2234605
and http://timarit.is/view_page_init.jsp?issId=164131&pageId=2234600&lang=is&q=Arthur%20K%20Swainson
(accessed 11 January 2019);
____________there is an article about SWAINSON, Arthur, member of
the OJAG by in LÖGBERG, FIMTUDAGINN, 8. MAI, 1952 at p. 8,
see http://timarit.is/view_page_init.jsp?pageId=2206437
(accessed 11 January 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
SWAN, Terry (Terrance D.) , LCol, lawyer, member of the OJAG,
reserve force, see his photo on flickr put by Jim Rycroft at https://www.flickr.com/photos/xjag/4567832675/in/album-72157624001614413/,
JAG Law of Armed Conflict course Cornwall 19-23 May 1986 and LCol
Swan talking to professor Leslie Green (accessed 27 September
2020);
___________"The Union Club of British Columbia -- Presidential
Archive --Terrance D. Swan 2007-2208", available at http://www.unionclub.com/getattachment/c747b1bf-74f9-4501-bf87-1ae77290e6f4/2007-2008_-_SWAN_(1).aspx?e3pdf
(accessed 27 September 2020);
.... [excerpt]
SWANSTON, Captain, lawyer, received the Judge Advocate General's
Legal Branch membership coin, see number 279 at http://www.lareau-law.ca/Coin2016.pdf
(accessed 25 September 2020); recent may be
SWEENEY, Mark, The
Canadian War Crimes Liaison Detachment - Far East and the
Prosecution of Japanese "Minor" War Crimes,
Degree: PhD, 2013, 322 p., University of Waterloo;
available at https://uwspace.uwaterloo.ca/bitstream/handle/10012/8051/Sweeney_Mark.pdf.pdf?sequence=1
(accessed 21 January 2015); also available at http://www.hkvca.ca/submissions/Sweeney_Mark.pdf
(accessed 8 July 2016);
Abstract:
The members of the Canadian War Crimes Liaison Detachment – Far East travelled across the Pacific in April 1946 to participate in “minor” war
crimes trials in Hong Kong and Japan. The assignment stemmed from the harrowing experiences of the Winnipeg Grenadiers and Royal Rifles of
Canada in Hong Kong and Japan following the Japanese invasion in December 1941 through to their liberation from POW camps at the end of the
Pacific War. Literature pertaining to war crimes trials during this period focuses primarily on the Nuremberg and other European trials, or on the
major, often politicized Tokyo Trial. This dissertation addresses the frequently proffered recommendation in the literature that further explorations
into the “minor” trials of 5600 Japanese war criminals are needed. The members of the Canadian Detachment served as prosecutors at the American
operated Yokohama War Crimes Trials, as well as the British Hong Kong War Crimes Courts. Their cases covered the entirety of the POW experience,
from atrocities during battle and in the immediate aftermath, to brutal abuses and medical neglect in POW camps and exploitation in war-related
and dangerous labour. The Canadian trials were steeped in emerging and evolving legal concepts including issues of command responsibility and
superior orders, as well as the use of common or joint trials and broadly expanded rules of evidence. The uncertainty of trial outcomes and the leniency
of many of the sentences combined with the genuine effort extended by the Canadian Detachment members in investigation, case development, and in
the courtroom belie the crude and misguided application of a victors’ justice framework. Although the trials were not marked with a clear sense of
unfairness, their historical legacy has ultimately been a failure. When the international community sought answers to war crimes starting in the latter
half of the twentieth century, these trial records have been left to gather dust on archive shelves. However, the transcripts offer historians the opportunity
to better understand both the brutality and banality of the POW experience, and the legal community a series of pragmatic and thorough avenues for
addressing violations of the laws and customs of war. (source: https://uwspace.uwaterloo.ca/handle/10012/8051, accessed 19 June 2015)
___________“A ‘Guest of the Dominion of Canada’: Nationality and War Crimes and Treason Trials of Inouye Kanao, 1946-1947,” (Autumn 2013) 14 Journal of Historical Biography 1-46; available at https://www.ufv.ca/jhb/Volume_14/Volume_14_Sweeney.pdf (accessed 7 January 2019);
___________Letters from Yokohama: Major John Dickey and the prosecution of Japanese Class ‘B’ and ‘C’ war crimes, thesis, M.A., Saint Mary's University, 2008, 186 p.;
Description: John Horace Dickey was a fourth generation Haligonian lawyer who, after serving on the domestic front with the Canadian Army travelled to
Japan as a part of the Canadian War Crimes Liaison Detachment - Far East. Dickey was involved in the prosecution of Japanese Class 'B' and 'C' war crimes
committed against Canadian soldiers that were captured after the fall of Hong Kong in December 1941. Class 'B' and 'C' or 'minor' war crimes consist of
traditional or conventional war crimes, "violations of the laws and customs of war," and crimes against humanity, "murder, extermination, enslavement,
deportation, and other inhumane acts.") These trials are important as they have been largely overlooked in favour of the Class 'A' trials, crimes against peace,
at Nuremberg and Tokyo, and also allow for an investigation of the experiences of individual soldiers involved in both sides of the conflict. This study will
broaden English language war crimes trials scholarship, and also make an addition to a growing body of historiography investigating Canadian involvement
in war crimes trials. While the political impetus for Canadian involvement has already been well developed, analysing the experiences of individual
prosecutors from a social history perspective allows for a better understanding of how the sentences and judgments were reached, and the context
that the trials themselves were undertaken. (source: http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page&pag=nxt&pageNumberComingFrom
=2&frbg=&indx=11&fn=search&dscnt=0&scp.scps=primo_central_multiple_fe&vid=01LOC&mode=Basic&ct=Next%20Page&srt=rank&tab=default_tab&dum=true&vl(freeText0)=NDHQ%20JAG&dstmp=1467987147864, accessed 8 July 2016);
also available at library2.smu.ca/bitstream/handle/01/22378/sweeney_mark_masters_2008.PDF?sequence=1&isAllowed=y (accessed 8 January 2019);
Image
source: THE CANADIAN PRESS Vaughan Merchant
"Cpl. Matthew Wilcox, centre, is escorted from the courtroom by
Capt.[sic] Donald MacGillivary, left and defence counsel Lt.
Col. Troy
Sweet, right. at the Victoria Park Garrison in Sydney N.S.
Tuesday, Sept.29, 2009."; source: atlantic.ctvnews.ca/wilcox-tells-court-martial-he-fired-weapon-instinctively-1.720169
SWEET, Troy, Lieutenant-Colonel, legal officer
with the OJAG; was defence counsel in the courts
martials of Cpl Matthew Wilcox, see the 15 decisions at https://www.canlii.org/en/ca/cm/#search/type=decision&ccId=cm&id=wilcox&resultIndex=5&origType=decision&origCcId=cm
(accessed 22 October 2020);
____________SWEET, Troy, Lieutenant-Colonel, legal
officer with the OJAG; was with the Directorate of Defence
Counsel Services in the case of of Sarganas M. (Corporal), R. v.,
2008 CM 2003 (CanLII), <http://canlii.ca/t/27zp9>
(accessed 10 May 2018); now The Hon. D. Troy Sweet, Provincial Judge,
Moncton;
____________New Brunswick, News Release, Justice
and Attorney General, "Three new provincial court judges
appointed", 12 April 2012, available at
http://www2.gnb.ca/content/gnb/en/news/news_release.2012.04.0301.html
(accessed 28 June 2018);
FREDERICTON (GNB) – Three new provincial court judges have been appointed, Justice Minister and Attorney General Marie-Claude Blais announced today.
The appointments of Kenneth L. Oliver of Fredericton, D. Troy Sweet of Moncton and Brigitte Volpé of Saint-Jacques, are effective immediately.
....
Sweet obtained his law degree from the University of New Brunswick and was called to the bar in 1989. He is currently a partner with a firm in
the Moncton area. Sweet has maintained a practice in Moncton while specializing in criminal law, mental health tribunals, military, litigation and
immigration law. As a member of the Indigenous Bar Association, he currently does work with the Indian Residential Schools Adjudication Secretariat.
He is bilingual and is a member of l'Association des juristes d'expression française du Nouveau-Brunswick. Sweet is assigned to the provincial court
in Moncton.
Captain(Navy)
Geneviève Bernatchez, image source:
http://www.army-armee.forces.gc.ca/en/news-publications/
western-news-details-secondary-menu.page?doc=rules-of-engagement-the-role-of-the-canadian-army-s-top-lawyer/ibts59v8,
accessed 17 July 2015
SYLVESTER, Meagan, "Rules of Engagement: The Role of the Canadian
Army's top lawyer", Canadian Army, Article, 10 July 2015,
project number 15-0103; article on Captain(Navy) Geneviève
Bernatchez, Deputy Judge Advocate General for Regional Services;
available at http://www.army-armee.forces.gc.ca/en/news-publications/western-news-details-secondary-menu.page?doc=rules-of-engagement-the-role-of-the-canadian-army-s-top-lawyer/ibts59v8,
accessed 17 July 2015; with the same title in The Western
Sentinel, vol. 18, number 14, 6 August 2015, at p. 14, at http://www.myvirtualpaper.com/doc/western_sentinel/westernsentinel_080615/2015080302/14.html#14,
accessed 10 July 2017;
Her extensive legal knowledge and experience covers all three pillars of military law, which
include operational and international law, military justice and administrative law. She leads
a dedicated team of 83 Regular and Reserve Force legal officers, 9 senior non-commissioned
officers and 30 civilian personnel located in 13 regional and satellite offices in Canada, the
United States and Germany. “We’re a very high-demand resource, but a scarce resource at” said Capt(N) Bernatchez.
the same time. We like to think that we punch well above our weight in terms of impact and
effect, but my clients should be the judge of that,A native of Gaspé, Quebec, Capt(N) Bernatchez joined the Office of the JAG in 1997 after
10 years in the Royal Canadian Naval Reserve as a Maritime Surface Officer. A graduate of
the Université de Montréal’s faculty of law, Capt(N) Bernatchez returned to school in 2008
to pursue a Masters of International Legal Studies with a specialization in National Security
Law at Georgetown University in Washington D.C.Her 18-year military legal career reflects a variety of appointments and responsibilities,
including as the JAG’s Chief of Staff and the Deputy Judge Advocate General for Operational
Law. Starting in 2000, Capt(N) Bernatchez was either overseeing or part of a team of senior
legal officers advising the DND and CAF during a period of high operational tempo, providing
significant legal contributions to Canada’s military missions in Yugoslavia, Afghanistan,
Haiti and Libya. She also supported major national events such as the Sommets des
Amériques in Québec City, the various G7/G8 Summits held in Canada, the Manitoba
floods and the 2010 Olympics and Paralympics Winter Games in Vancouver.
FRANÇAIS:
___________"Règles d'engagement: le rôle de l'avocate en chef de
l'Armée canadiennes", Armée canadienne, article, 10
juillet2015, numéro de projet; 15-0103; article sur la capitaine
de vaisseau Geneviève Bernatchez, juge-avocat général
adjoint des Services régionaux; disponible à http://www.army-armee.forces.gc.ca/fr/nouvelles-publications/ouest-nouvelles-details.page?doc=regles-d-engagement-le-role-de-l-avocate-en-chef-de-l-armee-canadienne/ibts59v8,
visité 17 juillet 2015;
Ses connaissances et son expérience juridiques exhaustives englobent les trois piliers
du droit militaire, qui comprennent le droit opérationnel et international, la justice
militaire et le droit administratif. Elle dirige une équipe dévouée de 83 officiers de
la Force régulière et de la Réserve, de 9 sous-officiers supérieurs et de 30 employés
civils répartis dans 13 bureaux régionaux et satellites situés au Canada, aux États-Unis
et en Allemagne. «Nous sommes une ressource en très forte demande, mais une», a affirmé le Capv Bernatchez.
ressource rare à la fois. Nous aimons penser que nous avons la capacité de jouer
dans la cour des grands en termes de répercussions et d’effet, mais ce sont mes
clients qui seraient les meilleurs juges de la situationOriginaire de Gaspé, au Québec, le Capv Bernatchez s’est jointe au Cabinet du JAG
en 1997 après 10 années dans la Réserve de la Marine royale canadienne en tant
qu’officier des opérations maritimes de surface. Diplômée de la faculté de droit
de l’Université de Montréal, le Capv Bernatchez est retournée aux études en 2008
afin d’effectuer une maîtrise en études juridiques internationales avec spécialisation
en droit en matière de sécurité nationale de l’Université Georgetown à Washington D.C.Ses 18 années de carrière militaire juridique comptent diverses nominations et
responsabilités, notamment chef d’état-major du JAG et juge-avocat général
adjoint pour le droit opérationnel. À compter de 2000, le Capv Bernatchez a
supervisé ou a fait partie d’une équipe d’avocats militaires expérimentés qui a
formulé des conseils au MDN et aux FAC durant une période de rythme
opérationnel élevé, fournissant ainsi des contributions juridiques considérables
aux missions militaires du Canada en Yougoslavie, en Afghanistan, en Haïti
et en Libye. Elle a également appuyé des activités nationales d’importance
comme le Sommet des Amériques à Québec, divers sommets du G7/G8 tenus
au Canada, les inondations au Manitoba et les jeux olympiques et paralympiques
d’hiver de 2010 à Vancouver.
Captain(Navy) Geneviève Bernatchez, imagesource:
http://www.lepharillon.ca/actualites/2015/7/10/une-gaspesienne
-conseillere-juridique-en-chef-de-larmee-canadien.html; ©Photo
gracieuseté Sergent Dan Shouinard, Direction des affaires
publiques de l’Armée © 2015 DND-MDN Canada
___________"Une Gaspésienne conseillière juridique en chef de
l'Armée canadienne", Le Pharillon, journal électronique,
10 juillet 2015; disponible à http://www.lepharillon.ca/actualites/2015/7/10/une-gaspesienne-conseillere-juridique-en-chef-de-larmee-canadien.html
(vérifié 17 Juillet 2015);
Image
source: http://www.utpjournals.com/canadian-journal-of-women-and-the-law.html,
accessed 30 November 2014
"ABSTRACT
The author uses the history of women's participation in combat around the world and the evidence collected through the Canadian Forces'
own mixed unit military trials to refute the arguments offered in justification of the exclusion of women from combat roles in the military.
While the exclusion of women has, in a 1989 Canadian Human Rights tribunal decision, Gauthier v. Canadian Armed Forces, been
determined to violate principles of non-discrimination, Ellen Symons highlights three problems with the decision: the continued exclusion
of women from service on submarines, the use of an overly generous subjective test to determine whether occupational requirements are
bona fide, and an inadequate understanding of the impact of the exclusion on women individually and as a group. She concludes with a
call for the full integration of women into all of our institutions, including the military, as part of our commitment to women's political
participation and to our quest for a non-aggressive, egalitarian society."
(source: http://connection.ebscohost.com/c/articles/11076395/under-fire-canadian-women-combat, accessed on 25 December 2014)
SZCERBANIWICZ, G. (Gary Christopher), former Lieutenant-Colonel,
court cases, blog and article:
- Young, Gerald, "3 airmen skate past indecency charges but they're still on thin ice with military", The Vancouver Sun, Jul 13, 2001, p.A3:
Description: Charged are Lieutenant-Colonel Szczerbaniwicz, Captain Robertson and Lieutenant Daigle, of 19 Wing Comox.
The charges were laid after three peopled skated naked at Glacier Gardens Arena at CFB Comox at the conclusion of the hockey
tournament. Szczerbaniwicz is the commanding officer of 407 Squadron, which operates the Aurora aircraft maritime patrol,
which has made a name for itself on drug and migrant boat surveillance.
[source: © ProQuest LLC All rights reserved, see: http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?
ct=Next+Page&pag=nxt&pageNumberComingFrom=21&fn=search&indx=201&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=1513850887691&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)=&vl(13699713UI6)=00&dum=true&vl(freeText0)=Judge%20Advocate%20General, accessed 21 December 2017]
-
source: web.archive.org/web/20020124125829/http://www.forces.ca:80/jag/hl_courtsmartialresults_e.html#top,
accessed 21 December 2017
- blogs on LCol Szcerbaniwicz, 4-5 April 2008, available at https://army.ca/forums/index.php?topic=72684.0,
accessed 21 December 2017;
- Szczerbaniwicz G.C. (Lieutenant-Colonel), R. v., 2008 CM 2008 (CanLII) — 2008-04-17
- Szczerbaniwicz G.C. (Lieutenant-Colonel), R. v., 2008 CM 2009 (CanLII) — 2008-04-17
- R. v. Szczerbaniwicz, 2009 CMAC 4 (CanLII) — 2009-05-05
- R. v. Szczerbaniwicz, [2010] 1 SCR 455, 2010 SCC 15 (CanLII) — 2010-05-06 with Szczerbaniwicz's factum to the SCC at
scc-csc.ca/WebDocuments-DocumentsWeb/33189/FM020_Appellant_LCol-Szczerbaniwicz.pdf
- Szczerbaniwicz v. Szczerbaniwicz, 2010 BCSC 421 (CanLII) — 2010-03-30
Image
source: https://www.google.com, accessed 30 November 2014
Denis Tabbenor
TABBERNOR, Colonel Dennis, "Operational Commanders, Orders and
the Right to Choose", Canadian Forces College, Advanced Military
Studies Course 1, November 1998; available at http://www.cfc.forces.gc.ca/259/260/261/tabbernor1.pdf
(accessed on 3 June 2012);
___________"Research Essay -- The Aftermath of the Somalia
Affair", Canadian Forces College, National Securities Studies
Course 1, 10 May 1999; available at http://wps.cfc.forces.gc.ca/papers/nssc/nssc1/tabbernor1.pdf
(accessed on 17 July 2008); also available at http://www.cfc.forces.gc.ca/259/281/271/tabbernor1.pdf
(accessed on 21 january 2015);
----
É.-P. Taché, source: uppercana
dahistory.ca/pp/pp9.html,accessed
on 21 January 2015
TACHÉ, Étienne Paschal [sic should read: Pascal], Sir 1795-1865,
Canada, Legislature, Legislative Council, On the organization
of the militia (1874), available at https://archive.org/details/cihm_89475
(accessed on 27 December 2014); Note: "
___________ Quelques réflexions
sur l'organisation des volontaires et de la milice de cette
province, Québec: Des Presses à Vapeur, 1863, 45 p.;
disponible à http://books.google.ca/books?id=F9QTAAAAYAAJ&printsec=frontcover&dq=intitle:milice&hl=en&sa=X&ei=AxIYT_PaMeLq0QGiqIicCw&redir_esc=y#v=onepage&q=intitle%3Amilice&f=false
(vérifié
le 19 janvier 2012); aussi disponible à http://www.archive.org/details/cihm_34138
(vérifié le 25 février 2012); aussi disponible à (visité le
26 novembre 2017);
TAGER, Thomas E., The legality of military use of outer space,
LL.M. McGill University 1967, (Canadian
theses on microfilm ; 2258); title noted in my research
(World Cat) but thesis not consulted (20 January 2018); research
note: Major Thomas E. Tager, USAF;
TAIT, R.C., member of the OJAG and a military judge late 70s and early 80s; research started 24 April 2018; was a LCol, see Canadian Forces Officers' List (Regular), 1969, available at https://navalandmilitarymuseum.org/sites/default/files/pdf/Navy_List_1969_March_400_dpi.pdf (accessed 16 August 2018);
[Research notes on R.C. Tait by François Lareau on 26 April and 2 October 2018:
1. In "Civil law, military court", The Globe and Mail, 5 June 1972, at p. 6, supra, this bibliography at http://www.lareau-law.ca/military.2C-D.html, he is stated:
Lt.-Col. R. C. Tait. Assistant Judge-Advocate-General and chief military legal authority for
Ontario, readily acknowledges that nothing supersedes the paramount authority of the civil
court. But, he says, "since we have to carry the law with us overseas, we prefer to have the
authority at home, too". We prefer, he says, "to wash our own linen."
2. See also the article "The Court substitutes a lesser charge in woman soldier's drug conviction", The Globe and Mail, 2 October 1982, at p. 2; Standing court martial
of Private Karen Drew at CFB Greenwood and sentenced to 4 months for possession of 24 marihuana cigarettes for the purpose of trafficking; Court Martial
Appeal Court of Canada set aside the conviction and substituted a conviction for simple possession. In the article, we can read:
In his appeal brief, Mr. Barnes [of the Court Martial Appeal Court] ] had also called the court martial a ''show trial.'' All Greenwood military
personnel suspected of drug use were ordered to be present during the court martial, he said, and this placed ''significant pressure'' on Lt.-Col.
R. C. Tait, president of the court, to convict Miss Drew ''upon the most tenuous of evidence.'' He acknowledged that merely sharing an illegal
drug with friends is technically trafficking under the Narcotic Control Act, but said this rarely results in such a charge in civilian courts.He also said that because she is a woman Miss Drew was tried by a standing court martial and thus faced a maximum sentence of two years,
while a man would have faced a summary procedure and a maximum of three months. So in being imprisoned for four months, she served
one month longer than the maximum a man would have faced.]
3. Flight Lieutenant Officer R.C. Tait was the defending officer of Pilot Officer J.J.E. Bernier, see the article: "Court Martial Held At RCAF Station, At S'side."
The Guardian of the Gulf, Charlottetown, Monday, 28 July 1952, at pages 1 and 11, p.1, available at https://islandnewspapers.ca/islandora/object/guardian:19520728-001
and at p. 11, available at https://islandnewspapers.ca/islandora/object/guardian:19520728-011 (accessed 2 October 2018); Flight Lieutenant R.C. Tait is a graduate of
Dalhousie Law School (class of 1950-51);
TAKATORI, Yuki, " 'America's' War Crimes Trial? Commonwealth
Leadership at the International Military Tribunal for the Far
East, 1946-48", (2007) 35(4) The Journal of Imperial and
Commonwealth History 549-568;
AbstractIn the history of the Tokyo War Crimes Trial 1946–48, it is generally held that the United States was the dominating
presence: General Douglas MacArthur, the Supreme Commander for the Allied Powers, not only convened the court,
but also openly insisted on an exoneration of the Japanese emperor; and American lawyers headed the prosecution
team and assumed much of the workload for the defence. However, government documents, including correspondence
from and to the participants, show that the Commonwealth governments exerted significant influence in many crucial
matters, such as the drafting of the indictment and the judgment of the court. This article questions the standard
emphasis on America's role and takes a fresh look at the relationship between the United States and the British
Commonwealth of Nations.
___________ “Canada and the Tokyo War Crimes Trial”, (2012) 30(1
and 2) Australasian Canadian Studies 123-143;
available at acsanz.org.au/archives/acs30-1-2-2012.pdf,
accessed 26 June 2018;
___________"Justice Tempered by Realpolitik: Canada’s Role in the Tokyo Trial", (2005) 32 International Journal of Canadian Studies 45-63; title noted in my research but article not consulted yet; 26 June 2018);
___________" 'Little Useful Purpose Would Be Served by Canada' :
Ottawa's View of the Tokyo War Crimes Trial", in Lingen,
Kerstin von, 1971-, editor, Transcultural justice at the Tokyo
Tribunal : the Allied struggle for justice, 1946-48 , Leiden
: Brill, 2018, chapter 7 at pp. 148-167, series; History of
Warfare; volume 117, ISBN: 9789004361058; 9004361057 ;
9789004359970); available in part at https://books.google.ca/books?hl=en&lr=&id=nntTDwAAQBAJ&oi=fnd&pg=PA65&dq=%22Judge+advocate+general%22+canada+law&ots=HN9zbsBBxc&sig=lZ-rM_CHvXDXzkoOT_ulCj-TMAQ#v=onepage&q=Canada&f=false
(accessed 25 June 2018);
TALLINN MANUAL, 2013, available at http://archive.org/stream/TallinnManual/TallinnManual_djvu.txt (accessed on 31 October 2013);
TAMBURRO, Major Anthony Michael, Notes on
"Major Anthony Michael Tamburro, C.D.
Regional Military Prosecutor Central 1 / Procureur militaire régional centre 1Major Tony Tamburro hails from Ottawa and joined the Canadian Forces in 1985 as a Gunner with 30th Field Regiment, Royal Canadian Artillery (RCA). In 1986,
he transferred to the Regular Force and entered the Royal Military College of Canada at Kingston. In 1990, after receiving a B.A. in Military and Strategic Studies,
he was posted to 1st Regiment, Royal Canadian Horse Artillery (RCHA) in Lahr, Germany. Two years later, Major Tamburro was transferred to Montreal’s 2nd Field
Regiment, RCA. In 1994, he was posted to 2 RCHA in Petawawa where he served in a variety of positions including Forward Observation Officer, Forward Air
Controller, Battery Captain, and Adjutant.
In 1998, he deployed to Bosnia and Herzegovina with 1st Battalion, The Royal Canadian Regiment. As the battle group’s Civil-Military Co-operation Officer, Major
Tamburro’s responsibilities included economic development and liaison with international and non-governmental organisations. In 1999, Major Tamburro began
studies at Osgoode Hall Law School. In 2000, he commenced a yearlong sojourn with 7th Toronto Regiment, RCA, while continuing with his legal education.
After receiving his LL.B. and completing articles with the Office of the Crown Attorney in Toronto, Major Tamburro was called to the Bar in March 2004.
After his call, Major Tamburro served with the Directorate of Law Training where he assisted in the delivery of legal training to Canadian Forces members. In July
2005, he was posted to the Canadian Military Prosecution Service where his primary duties are the prosecution of courts martial and the provision of legal advice
to the Canadian Forces National Investigation Service in the conduct of investigations. (source: CBA National Military Law Conference June 7, 2013– Ottawa, ON,
"Conference Materials"
available at http://www.cba.org/cba/cle/pdf/MIL13_Materials.pdf, accessed on 21 December 2014
Major Tony Tamburro, prosecutor, talking to the press.
___________ TAMBURRO, Anthony Michael, see CTV News, "Soldier
cleared of manslaughter in Afghanistan training accident", 14
February 2013, available at http://www.ctvnews.ca/canada/soldier-cleared-of-manslaughter-in-afghanistan-training-accident-1.1157067
(accessed 12 October 2016); defence counsel was Major Luc Boutin;
accused was retired warrant officer Paul Ravensdale; court martial
was held in Shilo;
____________on TAMBURRO, Major Anthony Michael, see Linked in
at https://www.linkedin.com/in/anthony-tamburro-76a164b9
(accessed 11 January 2019);
____________on TAMBURRO, Anthony Michael, see Linked in at https://ca.linkedin.com/in/anthony-tamburro-76a164b9
(accessed 17 January 2020);
Tony enrolled in the Canadian Armed Forces (CAF) in 1985 as a reserve force gunner. In 1986, he
transferred to the regular force and entered the Royal Military College of Canada. In 1990, after
receiving a Bachelor of Arts degree in Military and Strategic Studies, he was commissioned as an
Artillery officer and subsequently served with regiments in Lahr (Germany), Montreal, Petawawa,
and Toronto. Upon earning his Bachelor of Laws degree from Osgoode Hall Law School in 2003,
Tony articled with the Crown Attorney in downtown Toronto and was called to the Bar in March
2004. After joining the Office of the Judge Advocate General, Tony served as a military prosecutor
and as a legal advisor on the subject of military administrative law and human rights. Highlights of
Tony’s military career include: second-in-command of the Vanguard Company on Operation
ASSISTANCE, the CAF’s response to the Manitoba flood (1997); civil-military co-operation officer
on Operation PALLADIUM in Bosnia and Herzegovina (1998); member of the Bill C-60 (“Trepanier”)
legislative drafting team (2008); secondment as an Assistant Crown Attorney in Ottawa (2009-10);
legal advisor to the Universality of Service working group (2014-17); and two appearances in the
Supreme Court of Canada (2019). In May 2019, after 34 years of service, Tony retired from the CAF
at the rank of lieutenant-colonel. In September 2019, Tony began working towards a Master of Laws
degree in Canadian constitutional law at Osgoode Hall Law School. Tony was appointed as a
full-time member of the Human Rights Tribunal of Ontario on 12 December 2019.
Major Tony Tamburro, prosecutor
___________on Tamburro, Tony, Major, see CBC NEWS MANITOBA,
"Ex-soldier avoids jail time for fatal training accident: Paul
Ravensdale convicted of 4 charges related to fatal Afghanistan
incident", CBC News, 19 March 2013, Note: "With files from CBC's
Chris Glover and The Canadian Press"; available at http://www.cbc.ca/news/canada/manitoba/ex-soldier-avoids-jail-time-for-fatal-training-accident-1.1328258
(accessed 8 June 2016);
___________photo still image of LCol TAMBURO, Anthony Michael,
before the Supreme Court of Canada, in the Beaudry case on
14 January 2019; see https://www.scc-csc.ca/case-dossier/info/webcastview-webdiffusionvue-eng.aspx?cas=38308&id=2019/2019-01-14--38308&date=2019-01-14
(accessed 15 January 2019);
Image
source: mscollege.ca/about.php?s=staff&id=86,
accessed 9 January 2018
Ruth Taronno
TARONNO, Ruth, Learning the "CIMIC Way": The Impact of
Military Culture on Civil-Military Cooperation Training,
a thesis submitted to the Faculty of Graduate Studies, The
University of Manitoba, in partial fulfillment of the requirements
for the degree of Masters of Arts, Department of Anthropology,
University of Manitoba, 22 November 2006; available at https://mspace.lib.umanitoba.ca/xmlui/bitstream/handle/1993/29450/Taronno_Learning_the.pdf?sequence=1&isAllowed=y
(accessed 9 January 2018);
Abstract
The purpose of this research was to examine the hypothesis that the military has a
distinct culture with traits that make it difficult and problematic for soldiers to effectively
communicate and cooperate with individuals in other cultural settings and in post-conflict
and peace support operations. Most of the data for this research were acquired by
participating as a trainee in a twelve-day Civil-Military Cooperation Tactical Operator's
training session for Canadian Reserve Forcepersomel.
CIMIC,or civil-military cooperation, attempts to straddle the divide between
civilian and military spheres of influence and as a result, lends itself to inconsistencies
and contradictions in both ideology and course expectations. The CMIC course, by its
content,methodology and choice of instructors,challenged traditional military cultural
attributes such as rank and hierarchy, group bonding, forceful conflict resolution, and
strict obedience. The trainees reacted to these challenges in various ways. but the
individuals most invested in traditional military culture had the most difficulty
incorporating CMIC norms and utilizing the new skills.
Source
of image: https://openlibrary.org
Joseph-Ernest
Taschereau de Montarville
Source de l'image: numerique.banq.qc.ca/patrimoine/details/52327/3108676,
consulté le 10 août 2019
TASCHEREAU, J. E. M. (Joseph Ernest de Montarville), 1846-1893, Lieutenant-Colonel, Petit code militaire : à l'usage des officiers, sous-officiers et soldats canadiens-français de la milice active du Canada, Québec : Impr. A. Côté, 1884, 202 p.; disponible à http://www.archive.org/details/cihm_24471 (vérifié le 5 janvier 2011); copie à Carleton University; Toronto Public Library; Bibliothèque de l'Université Laval; CIHM/ICMH Microfiche series = CIHM/ICMH collection de microfiches ; no 24471;
TASCHEREAU, Pierre, 1920-2004, avocat, membre du Barreau du
Québec; pendant la deuxième guerre mondiale, en 1944, il est
devenu "avocat permanent de la poursuite près la Cour martiale",
voir l'article "Au contentieux du Canadien national", L'Union
des Cantons de L'Est, 3 janvier 1952, à la p. 4; disponible
à http://collections.banq.qc.ca/ark:/52327/2687027
(consulté le 12 août 2018);
Né à Québec au 77 de la rue d’Auteuil, tout près de la vieille rue Saint-Louis, le 13 janvier 1920, (puis, à compter de 1929, au
83, rue D’Auteuil, après le déménagement à Spencer Wood, devenu Bois-de-Coulonge, de son grand-père Caroll nommé lieutenant
gouverneur), Pierre Taschereau a été baptisé le surlendemain à la basilique Notre-Dame-de-Québec, sous les prénoms de Henri-Émile-
Pierre-Édouard, ayant pour marraine sa grand-mère paternelle qui signe avec son fils, le père de l’enfant , puis, Marguerite C. La Rue
et Marguerite Taschereau, ses tantes avant que n’en fasse autant son grand oncle célébrant, l’abbé Émile Dionne. Il fit ses études
secondaires au Collège des Jésuites du boulevard Saint-Cyrille (aujourd’hui René-Lévesque), à Québec. Il obtint une licence en
droit de l’Université Laval en 1941, année de son admission au barreau, après un stage à l’étude d’Alphonse Fournier, député de Hull,
qui, plus tard devint ministre fédéral des Travaux publics. Depuis 1952, Pierre Taschereau a reçu un diplôme en « management training
course » de la Western University of Ontario, de London. Voilà ce que je sais quant à ses titres universitaires.
En page B-5, Le Soleil, quotidien de Québec du 29 août 2004, parle de Pierre Taschereau dans un article de Marc Lestage intitulé :
Un « gamin de la rue d’Auteuil », suivi d’un sous-titre : qui a dirigé le CN, puis Air Canada! La carrière professionnelle de Pierre
Taschereau a commencé chez le procureur général du Canada. Le Canada étant en guerre, il a fait partie de l’armée qu’il a quittée
en 1946 avec le grade de capitaine. C’est là qu’il a œuvré dans une organisation vouée à la protection des personnes internées en
temps de guerre. Responsable du service juridique du Canadien National, il accède à la vice-présidence. Récemment, la chronique
hebdomadaire de John Kalbfleish dans The Gazette du dimanche 10 décembre 2006 rappelait que selon son bon jugement, il
avait alors fort justement apprécié une déclaration incendiaire de 1962 du président Donald Gordon amenant à conclure que des
francophones compétents pour être vice-président du CNR, cela n’existait pas. Quittant le CN, il exercera pour la firme Geoffrion,
Prud’homme. À la création de la Commission canadienne des Transports, il en assume la vice-présidence. Puis, retour au CN dont
il deviendra président. À la demande de Claude Taylor, président d’Air Canada qui l’a connu au travail, il assume la présidence
du conseil de cette société aérienne. Présidence perdue pour des raisons politiques, retrouvée à l’occasion d’un changement de
gouvernement. Pierre Taschereau a fait partie du conseil d’administration du Trust Royal, des Assurances Stanstead & Sherbrooke,
de Commercial Union of Canadian Holdings Ltd. et de Commercial Union Life Insurance of Canada.
C’est à l’église du Sacré-Cœur d’Ottawa que le capitaine Pierre Taschereau (pour m’exprimer comme Le Droit, a épousé,le lundi
13 août 1945, Yseult Beaudry, fille majeure de Laurent Beaudry et de Jeanne De Varennes. M. Beaudry fut le témoin de sa fille;
Jacques Taschereau, frère cadet de Pierre, témoin du marié. Notaire, président de son ordre professionnel de 1990 à 1993, Jacques
Taschereau, conférencier recherché, a lui aussi cumulé de nombreux postes d’administrateur. Pierre Taschereau a laissé trois enfants
qui, comme leur mère, lui ont survécu : Paule, Laurent et François. Pierre Taschereau a été inhumé avec ses parents et son fils Jean,
mort accidentellement à l’âge de trois ans, au cimetière Belmont, partie ouest tout près de l’avenue Chapdelaine.
Source
of image: twitter.com/jptasker, accessed 7 July 2017
John Paul Tasker
TASKER, John Paul, "Head of Canada's Indigenous veterans group
hopes Proud Boys don't lose their CAF jobs. 'They just
showed up there with a flag. They didn't beat up on anybody,'
Richard Blackwolf says", CBC News Politics, available at http://www.cbc.ca/news/politics/indigenous-veterans-group-proud-boys-1.4191749
(accessed 7 July 2017);
___________"Ottawa moves to settle sexual misconduct class action
lawsuits against Canadian Forces", CBC News, 23 February 2018,
available at http://www.cbc.ca/news/politics/class-action-lawsuits-sexual-misconduct-armed-forces-1.4548968
(accessed 14 May 2018);
John
Leonard Taylor, image source: http://www.legacy.com/obituaries/ottawacitizen/obituary.aspx?pid=161080258,
accessed 21 january 2015
TAYLOR, John Leonard, 1928-2012, Law and Order and the Military Problem in Assiniboia,
1821-69, M.A. Thesis, Carleton University, 1967, 137
leaves; call number at Carleton University:M.A. 1967.T39 c2;
title noted in my research but thesis not consulted yet (6 January
2012); Microform Publication year: 1967;
Image
source: http://www.forces.gc.ca/fr/a-propos-structure-org/conseillere-juridique-mdn-fc-bio.page,
accessed on 6 November 2014
Leigh Taylor
TAYLOR, Leigh, "Leigh Taylor -- Biography"; DND/CF Advisor in 2014; available at http://www.forces.gc.ca/en/about-org-structure/dnd-cf-legal-advisor-bio.page, accessed on 6 November 2014;
Leigh Taylor joined the Department of Justice in 1990 as a civil litigator in the Ontario Regional Office after a brief period in private practice.
In 1995 she relocated to BC Regional Office where she continued her civil litigation practice specializing in immigration law. In 1999 she
moved to Ottawa, where she has held several positions: counsel with the Citizenship and Immigration Canada’s Legal Services Unit (1999);
special counsel to the Assistant Deputy Attorney General for the Citizenship and Immigration Portfolio (2000); Senior Counsel and team
manager of the Enforcement team with the CIC Legal Services Unit (2001/02); General Counsel and National Litigation Coordinator for the
Public Safety, Defence and Immigration Portfolio of the Department of Justice (2003/09); and Executive Director and Senior General Counsel
of the Canada Border Services Agency’s Legal Services Unit (2009/13).Throughout her career with the Department of Justice, Ms. Taylor has
specialized in immigration, administrative and national security law. Ms. Taylor holds a Bachelor of Arts degree from the University of Victoria
(1983) and a Bachelor of Laws degree from the University of Toronto (1986). She was called to the bar in Ontario in 1988 and is currently a
member of the Law Society of British Columbia.------
Leigh Taylor est entrée au service du ministère de la Justice en 1990 en tant qu’avocate du contentieux des affaires civiles au bureau régional de
l’Ontario après une brève carrière dans un cabinet privé. En 1995, elle a déménagé au bureau régional de la Colombie Britannique où elle est restée
dans le même domaine et est devenue spécialiste du droit de l’immigration. Leigh déménage à Ottawa en 1999, où elle a occupé divers postes dont
celui d’avocate du Service juridique de Citoyenneté et Immigration Canada (CIC) (1999); de conseillère juridique spéciale du sous procureur général
adjoint pour le portefeuille de la citoyenneté et de l’immigration (2000); d’avocate principale et gestionnaire de l’équipe de renforcement du Service
juridique de CIC (2001 2002); d’avocate générale et coordonnatrice nationale des litiges pour le portefeuille de la sécurité publique, de la défense
et de l’immigration du ministère de la Justice (de 2003 à 2009) et directrice générale ainsi qu’avocate générale principale du Service juridique de
l’Agence des services frontaliers du Canada (de 2009 à 2013).Mme Taylor s’est spécialisée en droit de l’immigration, en droit administratif et en
droit de la sécurité nationale durant sa carrière au ministère de la Justice.Mme Taylor détient un baccalauréat en arts de l’Université de Victoria
(1983) et un baccalauréat en droit de l’Université de Toronto (1986). Elle a été reçue au Barreau de l’Ontario en 1988 et est membre du barreau
de la Colombie Britannique.
TAYLOR, M.R., "Military Service under the Canadian Charter of
Rights and Freedoms : A Talk Given to the Commander's Conference,
Vancouver B.C., April 25, 1987", Vancouver , 1987, 27 p.;
TAYLOR, Peter Shawn, "Is Canada Ready for our next POW?",
National Post, 14 November 2016, available at https://www.pressreader.com/canada/national-post-latest-edition/20161114/281676844490384
(accessed 30 March 2017); also available at http://www.rcaf-arc.forces.gc.ca/en/on-windswept-heights-2/45-history-1950-1953.page
(accessed 30 March 2017);
Recent Canadian military PoW doctrine has also been criticized for placing too much emphasis on old-fashioned
conventional warfare, at the expense of more-pressing scenarios involving being captured by terrorists and other rogue agents....
A revised Code of Conduct After Capture for Canadian soldiers was issued in 2013 to explicitly deal with terrorists and
criminal organizations, but only one of its 34 pages appears to deal with terrorism (the document released through an access
to information request was heavily censored).....
“Conduct after capture is a very real issue and Canadians should be aware of the risks our forces face,” says Christian Leuprecht,
a political scientist at the Royal Military College of Canada in Kingston, Ont. “Given the proximity of our forces to the front
lines in northern Iraq, any hostiles they encounter are unlikely to adhere to standard norms when it comes to a captured Canadian soldier.”
TAYLOR, Commander R.K. (Richard Keith), "Rules of Engagement: Key Operational Level Responsibility in Peace Support Operations", AMSC 3 (Advanced Military Studies Course 3), Canadian Forces College, December 2000; available at http://www.cfc.forces.gc.ca/259/260/263/taylor2.pdf (accessed on 19 June 2012);
Photo of Scott Taylor, reproduced from http://espritdecorps.ca/bio/
(accessed on 31 March 2014)
TAYLOR, Scott R., 1960-, "Eggs with Eggs - Lunch with the Minister
of Defence", (shipped November 1997) volume 6, issue 3, Esprit
de Corps, pp. 4-5;
___________"JAG vs Ombudsman - Round One" (shipped September
1999), Esprit de Corps, vol. 7, issue 4, p. 1;
___________"A Matter of Privilege - The JAG", (shipped January
2000), Esprit de Corps, volume 7, issue 8, p. 7;
___________"ON TARGET? After being sanctioned by the Somalia
inquiry and forced to accept oversight agencies, the Judge
Advocate General's office is once again in full control", (2005)
12(12) Esprit de corps 3;
____________"ON TARGET: Misplaced Fear of Daesh clouds
judgement", Herals opinions, 1 January 2018, available at http://m.thechronicleherald.ca/opinion/1533148-on-target-misplaced-fear-of-daesh-clouds-judgement,
accessed 2 January 2018;
Their crime is to have violated Canada’s 1937 Foreign Enlistment Act, which prohibits Canadian citizens from volunteering to fight in
foreign wars against friendly nations.To let our misplaced fear of Daesh cloud our judgement to the point that we would condone automatic death sentences for all these
individuals only serves to illustrate just how effective the Daesh terrorism campaign has been.
__________"Pittbull or PussyCat? The new CF Ombudsman
struggles to establish his identity", (shipped July 1999), Esprit
de Corps, volume 7, issue 2, p. 1;
Image
source: https://www.amazon.com/Outside-Looking-Perspectives-Canadian-Leadership/dp/0662419987,
accessed 4 September 2016
___________"Taking the middle ground: A unique vantage point" in
Horn, Bernd, ed., Canadian Defence Academy, From the outside
looking in : media and defence analyst perspectives on Canadian
military leadership / Bernd Horn, editor,
Winnipeg : Canadian Defence Academy Press, c2005, vi, 266 p., at
pp. 128-141 (chapter 9); 23 cm. NOTES: Running title: Media and
defence analyst perspectives on Canadian military leadership
Issued by Canadian Defence Academy. Includes bibliographical
references and index. ISBN: 0662419987; book available at publications.gc.ca/collections/collection_2011/dn-nd/D2-176-2005-eng.pdf
(accessed 4 September 2016);
I admit that I raised the example of Lieutenant-General Armand Roy
deliberately, knowing it to be a sore point among the brass, and once
again the revelations struck the mark. As much as the officer corps wish
to believe that they are always simply the victims of media persecution,
the case of Armand Roy is a clear example to the contrary. Journalists
did not invent the allegations of fraud. In fact, it was none other than
Auditor General Denis Desautels who first began investigating Roy in
June 1995. Whistle-blowers on Roy’s staff had forwarded the damaging
evidence to the Auditor General when they learned he was claiming
unauthorized residence allowances to the tune of $3,000 a month. At
that time, Armand Roy held the position of Deputy Chief of Defence
Staff. In that capacity, ultimately all internal police investigations came
under his overall control. Although the Auditor General notified the
military’s Chief of Review Services about this matter, needless to say,
little emphasis was placed on the Roy investigation. Once the details of
Roy’s alleged transgressions were published in Tarnished Brass
in October of 1996, however, the military could no longer ignore the
situation.
By December of that year, enough evidence had been collected to publicly
pronounce Lieutenant-General Roy “guilty” of fraud. In a
quiet press release issued by the Department of National Defence
between Christmas and New Year’s Eve, it was announced that Roy had
been “fired” and that he would be making restitution to the Crown of
some $100,000 in fudged expenses. Incredibly, the Canadian Forces
Judge Advocate General’s office claimed it did not have enough
evidence to lay criminal charges in the case. Despite this admission on
the part of the Judge Advocate General, Roy never once proclaimed
himself to be innocent, nor did he contest the firing or his obligation to
pay restitution to the Crown.
At about this same time, a sergeant based at Canadian Forces Base
Petawawa was court-martialled for having embezzled about $900 from
his unit’s canteen fund. Upon being found guilty, the sergeant was
sentenced to three months in the detention centre and discharged from
the military. As is the norm in such cases, the sergeant also had to for-
feit any pension other than a return of contributions.
It is difficult not to draw comparisons between these two cases. For the
rank and file, it clearly showed them once again that a double standard
exists in the military justice system.[pp. 131-132]
Image
source: http://www.goodreads.com/book/show/6313639-unembedded,
accessed 2 February 2015
___________Unembedded : two
decades of maverick war reporting, Vancouver: Douglas
& McIntyre, 2009, 374 p., ISBN: 9781553652922;
note: deals with the Somalia Affair, Canada, 1992-1997;
____________"Vandoos have had troubled past", thedailyobsever.ca,
31 July 2007, available at http://www.thedailyobserver.ca/2007/07/31/vandoos-have-had-troubled-past
(accessed 25 March 2017);
Lost in the media love affair is the fact that the Vandoos were directly responsible for three of the biggest black eyes the Canadian military
received during the scandal-plagued 1990s. First, there was the release of a notorious hazing video depicting Vandoo paratroopers engaged
in public acts of drunkenness, nudity, defecation, feces-ingestion and simulated sodomy, all of which directly led to the 1995 disbandment of
the entire Canadian Airborne Regiment.In another incident, in 1996 it was revealed that a large number of Vandoos had discredited themselves while guarding a mental hospital in Bakovici,
Bosnia. Among the allegations was that of an officer having sex with a female mental patient while his drunken troops shouted encouragement.
Despite internal police reports and evidence, the military brass had kept the lid on this scandal for three years. Subsequent investigations implicated
nearly three dozen Vandoos in the misconduct, but due to the expired statute of limitations, no charges were laid and no names of the accused were
released. As a result, the entire army was tarnished by the Bakovici scandal.Later that same year, Lieutenant-General Armand Roy, the senior serving Vandoo, was dismissed from his post as the deputy chief of defence staff.
Publicly fired from the army, Roy was ordered to pay back more than $86,000 which he had allegedly misappropriated. As the most senior official
in Canada ever dismissed for theft, the rank and file were shell-shocked to learn that the Judge Advocate General would not press charges against the
disgraced general. The double standard of justice led to a collapse of faith in the military hierarchy and a top-to-bottom review of the military justice system.
image source of book Tarnished Brass
at http://www.amazon.ca/Tarnished-Brass-Corruption-Canadian-Military/dp/1895555930,
accessed on 8 April 2014
TAYLOR, Scott, 1960-, and Brian Nolan, Tarnished Brass : Crime
and Corruption in the Canadian Military, updated edition,
Toronto: Seal Books (McClelland-Bantam, Inc.), December 1997,
[ii], 363 p., ISBN: 0770427677; copy at the University of
Ottawa, MRT General, FC 603 .T39 1996;
TAYLOR, William P., Lieutenant-Colonel, Assistant Judge Advocate
General, see biographical botes hereunder published in Calgary
Herald, 2 January 1946; available at
https://www.newspapers.com/...., accessed 19 May 2020;
Pressing (and holding) the Ctrl key and scrolling the wheel of the mouse allows
to zoom in or out of the web page being viewed
TEEPLE, Nancy, "Canada in Afghanistan: 2001 to 2010: A Military Chronology", Defence R & D Canada, Centre for Operational Research and Analysis, Strategic Analysis Section, December 2010, 88 p., available at http://cradpdf.drdc-rddc.gc.ca/PDFS/unc106/p534355_A1b.pdf (accessed 26 July 2017);
___________has taught "Spring 2016 - POL 449 D100-Selected
Topics in International Relations II (4) --Intro to
21stCentu,Strategy --Class Number: 7102", Delivery Method:
In Person, Simon Fraser University; available at https://www.sfu.ca/outlines.html?2016/spring/pol/449/d100
(accessed 26 July 2017);
Description
Course details.
Selected Topics: Intro to 21st Century Strategy
This seminar course provides a survey of the prominent themes in conflict and war in the 21st century, incorporating the study
and application of theories from classical and contemporary strategic thinkers. These themes include fourth/fifth generation and
asymmetric warfare, such as terrorism, insurgency and counterinsurgency, chemical, biological, nuclear, and radiological (CBRN)
threats, cyber warfare, offensive technological developments in conventional and non-conventional weaponry, space-based
capabilities providing for force enhancement of the terrestrial conduct of war, and the role of intelligence (ISR). Course material
will include the application of strategic theories to geopolitical events; therefore, students are expected to be up to date on contemporary
global conflicts through review of media sources.
___________teaches "Summer 2017 - POL 449 D100-Selected Topics in International Relations II (4)-NATO and Canadian Security and Defence-Class Number: 6232"; Delivery Method: In Person, Simon Fraser University; available at https://www.sfu.ca/outlines.html?2017/summer/pol/449/d100 (accessed 26 July 2017);
Description
Course details.
Title: NATO and Canadian Security and Defence
The NATO Field School starts at SFU-Burnaby with in-classroom learning via lectures and seminars about Canada’s security and defence policies,
the Canadian Armed Forces (CAF), and the North Atlantic Treaty Organization (NATO). Students will do in-depth reading on these topics and give
classroom presentations. Students will learn from practitioners how CAF functions, how the Canadian government implements defence policy, and
how Canadian operations take place in the NATO context. Learning will be supplemented by academics and foreign and military officers as guest
lecturers, and visits to Canadian Forces Bases in B.C. Following the in-class program component students will be prepared to represent NATO nations
in simulations. The Brussels component of the course involves one week of briefings and observations at NATO headquarters (including the Canadian
Joint Delegation), SHAPE (Supreme Headquarters Allied Powers Europe) in Mons, and the Canadian Mission to the European Union. This is followed
by a week in Rome at the NATO Defense College (NDC) where the SFU team will undertake 4-5 days of professional NATO simulation, using NDC
curriculum and the support of NDC staff. The Field School will receive briefings on a one-day trip to Joint Forces Command in Naples. The final
component of the course involves students working independently on their final essay and Briefings Report.
Front
cover: Sergeant Rod Dearing's Section after the Medak fire-fight,
photo courtesy Colonel Jim Calvin
___________Tested mettle : Canada's peacekeepers at war /
by Scott Taylor and Brian Nolan, Ottawa : Esprit de Corps
Publications, 1998, 264 p. : map ; 24 cm. NOTES: Includes index.
ISBN: 1895896088;
[Lieutenant J. Lavallée's case and Major Louis MacKay, the JAG officer]
Lieutenant J. Lavallée was a young platoon commander on his first peace-
keeping tour. Like many of his fellow officers in the Vandoos, Lavallée saw
himself as a hard-drinking, hard fighting man, in a regiment that made his own
rules. There was no agreed-upon zone of separation in the Krajina, and other
than in the Medak Pocket, the Serb and Croat belligerents still opposed each
other directly along the front-lines. The new crop of UN peacekeepers, like
Calvin's 2 PPCLI before them, patrolled within the Serb zone and awaited the
top-level negotiators. Only if a cease-fire was signed would Lessard's battalion
deploy into no man's land and establish a series of observation posts. In the
meantime, the Vandoos set themselves up in platoon houses and established a
UN presence among the Serbs. Lt. Lavallée enjoyed these road patrols which
were inevitably delayed at the various Serb checkpoints. Armed with AK47s
and rocket launchers, the bored Serbian militiamen would often halt the Cana-
dian APCs simply to initiate "negotiations" with the foreign soldiers. These ritu-
als, regardless of the time of day, involved a high volume of alcohol consump-
tion and tough talk.
At one such extended session in a smoky bunker, Lavallée became visibly
inebriated on his Serb hosts' homemade plum brandy (Slivovitz). As he began to
slur his speech and become unsteady on his feet, the Serbs pressed him with
more of the strong booze. The young female translator grew increasingly alarmed
at both Lavallée's condition and his insistence that he would continue drinking
with his "new friends."
She snuck outside to the APC and advised a master corporal of Lavallée's
drunken state. The young NCO went to the bunker entrance where he engaged
Lavallée in a heated debate. Egged on by his Serbian "friends", Lavallée sud-
denly leapt at the terrified soldier and proceeded to beat him to a bloody pulp on
the bunker floor. Grinning drunkenly, Lavallée raised his arms in triumph, slurred,
"Now, I'll go," and then wobbled out into the night air.
When news of the incident reached UN headquarters in Zagreb, Major Gen-
eral Arch MacInnis met with his top military lawyer. The assistant judge advo-
cate general, Major Louis MacKay, told MacInnis that although the details re-
mained sketchy, he thought that a court martial was warranted. A flurry of sen-
sitive phone calls took place between Zagreb and NDHQ, and MacInnis was
instrucrted to consult with LCol. Lessard. When this conversation took place,
Lessard advised his contingent commander that he would deal with Lavallée
"in house." The reason why Lessard rejected the idea of holding a court martial
was made clear: "He's one of my best officers." [pp. 147-148]
TESSIER, Simon, 1978-, État
d'exception et crise de légitimité: une analyse politique des
évènements d'octobre 1970, mémoire de maitrise en science
politique, Université du Québec à Montréal, 2007, 167 p.;
disponible à http://www.archipel.uqam.ca/640/1/M10034.pdf
(consulté
le 21 janvier 2011);
Ce mémoire porte sur la crise d'octobre 1970, particulièrement sur
l'instauration de l'état d'exception au Québec suite à deux
enlèvements perpétrés par des membres du Front de Libération du
Québec (FLQ).
Par-delà la question de la lutte au terrorisme, l'état
d'exception déployée durant les événements est analysé dans
son lien avec la crise politique et sociale sous-jacente aux
événements d'octobre. Ce mémoire
vise ainsi à analyser la relation qui peut s'établir entre
le recours aux mesures d'exception par le gouvernement fédéral et
la crise de légitimité du pouvoir de l'Etat engendrée par le
mouvement indépendantiste québécois.
TESSLER, S., was a lawyer and
a Captain on 31 December 1990 with the
OJAG; her
seniority date for
that rank was 12 June
1990 (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);
TESTARD DE MONTIGNY, B.A. (Benjamin A.), Histoire du droit canadien,
Montréal: Eusèbe-Éditeur, 1869, 984 p., et voir "Milice" aux pp.
551-553, disponible à http://books.google.ca/books?id=9VADAAAAQAAJ&pg=PA553&dq=%22Acte+concernant+la+Milice+et+la+D%C3%A9fense+de+la+Puissance+du+Canada%22&hl=en&sa=X&ei=XFYNT9rcNOrg0QH3__HtBQ&sqi=2&redir
_esc=y#v=onepage&q=%22Acte%20concernant%20la%20Milice%20et%20la%20D%C3%A9fense%20de%20la%20Puissance%20du%20Canada%22&f=false
(vérifié le 11 janvier 2012);
Michel Drapeau, à gauche, et Daniel Lessard, l'animateur
TFO, "Michel Drapeau -- Avocat et professeur de droit", Video,
Carte de Visite, Saison 3, épisode 57, 22 février 2015, 26
minutes, 49 secondes, disponible à http://www3.tfo.org/videos/00292719/michel-drapeau-avocat-et-professeur-de-droit
(visité 15 mars 2015); aussi disponible à https://www.youtube.com/watch?v=HDTy07LZ_qA
(visité 15 mars 2015);
Chad Thain
THAIN, Chad, member of the OJAG, ROTP student: 2016-,
studies at University of New Brunswick, see https://ca.linkedin.com/in/chad-thain-3b573789
(accessed 7 August 2018);
___________on THAIN, Chad, he has received the Meritorious Service
Medal:
___________see photo of Chad Thain hereunder in article by Matt Poirier, "William Henry Harrison Moot Court a great success", UNB Law, posted 12 December 2017 and available at https://blogs.unb.ca/unblaw/category/students.php (accessed 4 October 2020);-
Source: Pro Patria 2012, The Regimental Journal of the Royal
Canadian Reiment, at p. 91, at docshare01.docshare.tips/files/28364/283646737.pdf (accessed 4 October 2020)
-
"Captain Chad Thain
- Burton, New Brunswick, Canada
Meritorious Service Decorations - Military Division
Meritorious Service Medal
Rank: Lieutenant While deployed to Afghanistan, Lieutenant Thain worked
- Awarded on: September 18, 2011
- Invested on: June 22, 2012
tirelessly to improve the communications capability of the Afghan Uniform
Police, in Arghanbad District, from April to July 2010. Working with Afghan
and coalition units, he established a system that allowed the police to
communicate effectively throughout the area and enabled their full integration
into coalition operations. Lieutenant Thain’s outstanding leadership and superb
professionalism led to more efficient and better synchronized security operations,
bringing stability to the local population."
[source: https://www.gg.ca/en/honours/recipients/139-832, accessed 4 October 2020]
THEOBALD, Andrew, "Conscription Crises : the Relationship between
Citizenship and Military Service in Canada and Israel" in Dan
Avnon and Yotam Benziman, eds., Plurality and Citizenship in
Israel : Moving beyond the Jewish/Palestinian Civil Divide,
London [etc.] : Routledge, 2010 at pp. 189-204, ISBN: ISBN 9780415557764, 0415557763; available
in part at https://books.google.ca/books?id=Z0iOAgAAQBAJ&pg=PA201&lpg=PA201&dq=Conscription+Crises+:+the+Relationship+between+Citizenship+and+Military+Service+in+Canada+and+Israel%22&source=bl&ots=Tm_xR9DDd-&sig=Db2YyNN6tqPrwXtzNJLOy5mQWn4&hl=fr&sa=X&ved=0ahUKEwinxp6M9LbKAhWGuoMKHcUlDGYQ6AEIKDAB#v=onepage&q=Conscription%20Crises%20%3A%20the%20Relationship%20between%20Citizenship%20and%20Military%20Service%20in%20Canada%20and%20Israel%22&f=false
(accessed 19 January 2016);
___________"Une Loi Extraordinaire: New Brunswick Acadians and the Conscription Crisis of the First World War", (Autumn 2004) 34(1) Acadiensis Journal of the History of the Atlantic Region; available at https://journals.lib.unb.ca/index.php/acadiensis/article/view/10651/11307 (accessed 20 January 2016);
THERRIEN, Diane, prepared by, August 2002 and revised by
Warren Sinclair, 26 November 2006, "Finding Aid to the Office of
the Judge Advocate General Senior Legal Advisor Europe fonds
(88/35)", 8 p.; available at http://www.wlu.ca/lcmsds/archives/search/dhh/80-89/88/88-35.doc
(accessed on 25 February 2012); this is a file from the Wilfrid
Laurier University (accessed on 24 February 2012); file describes
Fonds received in 1988 from Senior Legal Advisor Europe;
Source
de l'image: http://iris.banq.qc.ca
THIBAULT, Jean-François, 1963-, De la responsabilité de
protéger les populations menacées: l'emploi de la force et la
possibilité de la justice, [Québec:] Presses de l'université
Laval, 2013, 169 p.;
Canadian Military Prosecution Service @CMPSCAF [2019]
Military Prosecutors, Capt Baby-Cormier, Capt Thiessen, Lt(N) Benoit-Gagné and
Lt(N) Besner recently celebrated the successful completion of the final exercise marking
the end of their month-long Legal Officer Qualification Course.
___________Photo of Natasha Thiessen in article by Aidan Macnab,
"SCC in disagreement over whether to revisit the authority on
Charter's extraterritorial application-- Court unanimous in
appeal, but two judges favoured fresh look at how Charter applies
outside Canada", Canadian Lawyer, 17 February 2023 and
available at www.canadianlawyermag.com/practice-areas/criminal/scc-in-disagreement-over-whether-to-revisit-the-authority-on-charters-extraterritorial-application/373800
(accessed 6 April 2023); about the SCC case of the 2023 decision
of R.
v. McGregor;
___________Still photo of Natasha Thiessen before the SCC hearing
of R.
v.. McGregor on the SCC web site video at 21 minutes
and 12 seconds at www.scc-csc.ca/case-dossier/info/webcastview-webdiffusionvue-eng.aspx?cas=39543&id=2022/2022-05-19--39543&date=2022-05-19#
(accessed 6 April 2023);
x
THOMAS, C. Edmund, "Canada's military justice system has not yet lost its moral legitimacy, but it will -- a reply to Tim Dunne", Global Military Justice Reform web site, blog, 27 July 2020, available at https://globalmjreform.blogspot.com/2020/07/canadas-military-justice-system-has-not.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+GlobalMilitaryJusticeReform+%28Global+Military+Justice+Reform%29 (accessed on 5 May 2017);
Major
Thomas with BGen Jerry Pitzul, image source (January-March 2000) 1
JAG Newsletter -- Bulletin d'actualités at p. 5
THOMAS, C. Edmund (Charles Edmund), "International Criminal Bar
Conference", (2003) 1 JAG Newsletter -- Les actualités
80-82;
FRANÇAIS:
THOMAS, C. Edmund, "Conférence du Barreau pénal
international", (2003) 1 JAG Newsletter -- Les actualités
82-84;
Image
source: video still at http://www.ckwstv.com/2016/04/29/rmc-officer-cadet-whitehead-acquitted-on-sex-charges/
April 2016 photo of
Major Edmund Thomas
___________ "Lowering the Standard: R. v. Oickle and the
Confessions Rule in Canada (2005) 10 Canadian Criminal Law
Review 69", (2006) 1 JAG
Les actualités -- Newsletter 38-54; in the footnotes
section of this article, we read "This article was submitted in
somewhat different form to the University of Ottawa in partial
fulfillment of the requirements for the degree of Master of
Laws....";
___________on Thomas, Edmund, 1957-2020, see his death notice
"Charles Edmund Thomas Saturday October 10th 2020" at https://necrocanada.com/obituaries-2020/charles-edmund-thomas-saturday-october-10th-2020/
(accessed 15 October 2020);
THOMAS, Maj (Ret) Charles Edmund, CD, MA, LLM
Born at Colchester, Es, on 19 March 1957; immigrated to Canada with his
family in 1959; married at Ottawa, Ontario, on 10 October 1998; died
unexpectedly at the Stratford General Hospital in Stratford, Ontario, on 10
October 2020. Predeceased by his parents, the Rev Fr William Morley
House Thomas and Joyce Rose (Morgan) Thomas, and his elder brother,
Stephen Gregory Thomas. Survived by his wife, Philippa Charmion
Chaplin-Thomas; his sisters Mary Cecilia Travis (Terrance) of North Buxton,
Ontario, and Madeleine Angela Duxbury (David) of Lasalle, Ontario;
his brother, Guy Vincent Thomas (Jan Saul) of Stratford; five nephews and
nieces; nine great-nephews and great-nieces; and many, many friends.
With 30 years of service in the Canadian Forces as a legal officer, Edmund
served with the Canadian garrison at Lahr, West Germany (1988–1991),
and deployed on operations to Bosnia (1995), Haiti (1997) and Afghanistan
(2008). Over the last 20 years of his military career, Edmund specialized in
defence at court martial, a vocation that took him to Regular Force and
Reserve units all over Canada and some overseas.
After retirement from the army, he practised criminal law with Legal Aid
Ontario and volunteered for the Association for the Defence of the Wrongly
Convicted (Innocence Canada). At the time of his death, he was also studying
for a doctorate in law at the University of Western Ontario and brushing up his
German language skills. As well as learning, Edmund took great pleasure in
friendship, which he pursued in physical fitness activities, entertaining at home,
foreign travel, and most particularly through enjoyment of music. He loved
hiking and camping, even in the rain. At dinner parties, he was the enthusiastic
host reaching across the table to fill a guest’s glass. His fine singing voice did
justice to an extensive repertoire of murder ballads and selections learned from
Johnny Cash. Combining a kind heart with firm morality and razor wit, he was
the best of companions.
The funeral will be held at St. James’s Anglican Church in Stratford, at two
o’clock on Friday, 16 October 2020. Interment will be at the National Military
Cemetery in Ottawa when the pandemic eases and travel is safe again.
[excerpt]
____________on Thomas, Major Edmund, see Eugene R. Fidell, "New
Contributor from Canada", Global Military Justice Reform web site,
blog, 23 April 2020, available at http://globalmjreform.blogspot.com/2020/04/new-contributor-from-canada.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+GlobalMilitaryJusticeReform+%28Global+Military+Justice+Reform%29
(accessed on 24 April 2020);
Please welcome Edmund Thomas, the newest contributor to Global Military Justice Reform.
He spent 35 years in the Canadian Armed Forces, five as a reserve officer and thirty in the
Regular Force as a legal officer. He served in Germany for three years and was deployed
to Bosnia, Haiti and Afghanistan.
Edmund retired from the Army in March 2017 and is currently enrolled in the Ph.D. program
at the University of Western Ontario. Much of his time in the Legal Branch was in Defence
Counsel Services. Welcome aboard!
____________on Thomas, Major Edmund, see Rory Fowler, "Sad news
in the Global Military Justice Reform community", Global Military
Justice Reform web site, blog, 11 October 2020, available at https://globalmjreform.blogspot.com/2020/10/sad-news-in-global-military-justice.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+GlobalMilitaryJusticeReform+%28Global+Military+Justice+Reform%29
(accessed on 24 April 2020); on the sudden death of Mr. Edmund
Thomas;
___________"R. v. Liwyj: Can a soldier be punished for
disobeying an unlawful command?", (May/Mai 2012) Sword & Scale -- Salut militaire;
available at http://www.cba.org/cba/newsletters-sections/2012/PrintHTML.aspx?DocId=48115
and http://www.cba.org/cba/newsletters-sections/pdf/2012-05-military-3.pdf
(accessed on 5
May 2012); also published in (February 2012) 88 Criminal Reports (6th)
352-360;
FRANÇAIS:
___________"R. c. Liwyj
: un soldat peut-il être puni pour avoir désobéi à un ordre
illégal?", (May/Mai 2012) Sword
& Scale -- Salut militaire;
disponible à http://www.cba.org/abc/nouvelles-sections/2012/2012-05_military.aspx#article1
et http://www.cba.org/abc/nouvelles-sections/pdf/2012-05-military-2.pdf
(site visité le 5 mai 2012);
___________"Sentencing at Court Martial : does stealing on the job always require imprisionment?", (2020) 62 C.R. (7th) 216-224; commenting on R. v. Darrigan, 2020 CMAC 1 (CanLII), http://canlii.ca/t/j5xsg
THOMAS, L.E. “The Thomas Report: Investigation of Delay in
Investigating the Allegations of Misconduct/Poor Performance of
Canadian Forces Members at the Bakovici Hospital,
Bosnia-Herzegovina,” 8 November 1996; see http://www.forces.gc.ca/en/news/article.page?doc=the-thomas-report/hnlhlx2z
(accessed 12 November 2017);
ocumentIndex=1&id=&callNumber=&library=&eventSubmit_doDocumentviewdetails=1,
vérifié le 1er janvier 2012;
___________on THOMAS, L.E., see DEPARTMENT OF NATIONAL DEFENCE,
"The Thomas Report", 17 January 1997, (series; Backgrounder;
BG-97.006), available at http://web.archive.org/web/20020616143014/http://www.dnd.ca/eng/archive/1997/jan97/BG-97006EN.HTM;
also available at http://www.collectionscanada.gc.ca/webarchives/20071211042216/http://www.forces.gc.ca/site/newsroom/view_news_e.asp?id=934
(accessed 8 May 2017);
As early as May 1994, there were allegations of misconduct and poor performance by Canadian Forces personnel on assigned United Nations peacekeeping duties at the
Bakovici Hospital in Bosnia-Hercegovina. A Military Police investigation was launched immediately, but after two years, and numerous suspensions and re-openings,
it had still not reached any conclusions or closure.
....
Mr. Thomas concluded that, in order to ensure military police independence, military police should not be subordinate within the same chain of command they serve, and
that military police investigations should not have to compete with operational requirements for scarce resources. The quality review mechanisms failed to keep the
investigation on track and the structure of the military police organization and jurisdictional problems inhibited initiative, focus and a coordinated effort. A natural flow
of information to investigators is required and the role of the Judge Advocate General in the proactive sharing of information needs to be clarified. Policy should be
reformed so that it is simple, clear and focused. Finally, common sense, initiative, cooperation and leadership cannot be legislated. Restoring trust requires action and
a vision that is shared by all. The aim is to reinforce values and ethics in the military community in a publicly visible and effective way while eliminating the perception
of interference and favouritism.
Recommendations
Mr. Thomas made the following recommendations:
- A vision for providing police services be developed in consultation with the community served that ensures the independence of the investigative process;
- From that vision, policies, structures and processes be developed that demonstrate independence, fairness and impartiality;
- Alternate policing options that are available from both within the Canadian Forces and the public domain, or a combination of both, be explored;
- Aspects of the investigative process such as jurisdiction, priority setting and resources be examined; and
- Periodic audits of review mechanisms and an oversight commission be considered to ensure systems function as intended and people are held accountable.
Conclusion
The military justice system has been under review. The Thomas Report is a keystone document contributing to the process. The Minister of National Defence has
accelerated the process with the creation of a Special Advisory Group on Military Justice and Police Investigative Services.
FRANÇAIS :
___________sur THOMAS, L.E., voir MINISTÈRE DE LA DÉFENSE
NATIONALE, "Le rapport Thomas", 17 janvier 1997,
(Collection: Documentation; BG-97.006), disponible
à http://web.archive.org/web/20020520060557/http://www.dnd.ca/fr/archive/1997/jan97/BG-97006FR.HTM;
(links reviewed on 22 September 2007);
THOMAS OF GRESFORD, Lord Martin, "Submission [to the US Response
Systems Panel on Military Justice and Sexual Assault], 61 p.;
available at http://responsesystemspanel.whs.mil/Public/docs/meetings/20130924/materials/academic-panel/Thomas/Lord_Thomas_Final_Statement_to_RSP_24_Sep_13_Public_Meeting.pdf
(accessed on 1 May 2014); excellent
paper on military law reform in England!
THOMPSON, Allan, "Army 'savages' face axe Our peacekeepers accused in Bosnia scandal", Toronto Star, Jan 18, 1997, p.A.1;
Description: The soldiers and officers, along with 10 others who have left the military, participated in abuse of patients, general drunkenness and one of them committed sexual misconduct with a patient, according to a military report released yesterday. Army commander Lt.-Gen. Maurice Baril told a news conference yesterday that soldiers are only human and can be driven to vile behavior by stress. In a day of more dirty laundry for the military, Baril published the report of a military board of inquiry into incidents at Bakovici mental hospital and a separate report by a retired RCMP officer who concluded there was a sloppy investigation, but no intentional cover-up. (source: © ProQuest LLC All rights reserved
and http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page&pag=nxt&pageNumberComingFrom=20&frbg=&indx=191&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)=%22Pierre%20Boutet%22&dstmp=1468009845159, accessed 8 July 2016);
___________"Commander may have tried coverup: memo", thestar.com,
Toronto Star Archives, Toronto Star, 7 February 1997, p.
A3;
The memo was released on the eve of testimony from Col. Serge Labbe, who has been silent since he headed the Canadian Airborne Regiment's ill-fated 1993 mission to Somalia.
The memo, a legal review written in the summer of 1994 by Lt.-Col. Ken Watkin, said there was reason to question Labbe's investigation of the March 4 shooting and also his
``openness in reporting to higher headquarters.''The Somalia inquiry has been probing allegations that Labbe and others in the chain of command tried to obscure or downplay events of March 4, when two Somalis were shot in the
back as they ran away from the Canadian compound in Belet Huen. One Somali died and the other was injured.Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibited without permission. [emphasis added; source: https://pqasb.pqarchiver.com/thestar/doc/43762891
7.html?FMT=ABS&FMTS=ABS:FT&type=current&date=Feb%2007,%201997&author=By%20Allan%20Thompson%20Toronto%20Star&pub=Toronto%20Star&edition=&startpage=&desc=Commander%20may%20have%20tried%20coverup:%20memo, accessed 26 July 2017]]
____________ "Delay in shooting probe set up torture, inquiry
told", Toronto Star,
Mar 11, 1997, p. A.9;
Description: OTTAWA - The torture killing of a Somali teenager in 1993 was directly related to the military's failure to properly investigate the suspicious shooting death of
another Somali two weeks earlier, a military police officer says. And Maj. Vincent Buonamici told the Somalia inquiry yesterday that top military officers conspired to obscure
the truth about what happened in Somalia and interfered with military police. Buonamici, who headed the investigation of the March 4, 1993 death of a Somali who was shot
while running away, irked the deputy chief of defence at the time, Vice-Adm. Larry Murray, by asking why there had been an ``inexplicable delay'' of five weeks in ordering
police to investigate the shooting. Murray is now the acting chief of defence staff. (source: © ProQuest LLC All rights reservedand http://primo-pmtna01.hosted.exlibrisgroup.com/primo
library/libweb/action/search.do?ct=Next+Page&pag=nxt&pageNumberComingFrom=10&frbg=&indx=91&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)=%22Pierre%20Boutet%22&dstmp=1468004194391, accessed 8 July 2016);
___________"Digging the dirt on Croatia ; Military mired in new
scandal over troops and toxins", Toronto Star, Aug 1, 1999, p.1;
Description: The investigation languished throughout the summer and into the fall. Then, on Nov. 3, CTV News reported that a book to be published the
next day alleged soldiers had been exposed to toxins in Croatia, and a warning memo had been removed from medical files. The Reform party raised the
matter in the House of Commons the same day, invoking the case of Matt Stopford, a very sick soldier who blamed his illness on his time in Croatia. With
Stopford looking on from the gallery, Defence Minister Art Eggleton told the Commons the matter was being investigated, and chastised Reform for trying
to exploit Stopford's illness. In a Feb. 2 report for the army chief, Capt. Shane Vahey concluded there was no concrete evidence anyone ordered the medical
memos stripped from files. The investigation did reveal that one soldier, Master Seaman Wade Kelloway, claimed it was a military lawyer - the assistant
judge advocate-general in Calgary - who had instructed that memos be removed. But Vahey said the legal officer had no recollection of such an order.
However, a check of the medical records of 153 soldiers found only three still had the warning memo on toxins attached. "This would indicate that memos
were removed from the files of soldiers who were in (the unit) after May '95," Vahey wrote.
[source: © ProQuest LLC All rights reserved, available at http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page&pag=
nxt&pageNumberComingFrom=19&frbg=&indx=181&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)=Canadian%20armed%20forces%20%22Judge%20advocate%20general%22%20Canada&dstmp=1502695664262, accessed 14 August 2017]
____________"Outside supervision of military ruled out Eggleton issues Somalia response", Toronto Star, Oct 15, 1997, p.A.1;
Image
source:
lavery.ca/en/lawyers-paralegals-notaries-lavery/38-raphael-h--schachter.html,
accessed 30 September 2017
Raphael Schachter, today
___________"Halt inquiry into Somalia urges lawyer for
ex-officer", Toronto Star,
Nov 16, 1995, p. A.18;
Description: OTTAWA - The Somalia inquiry should be suspended so it doesn't prejudice the court-martial of former Canadian Airborne Regiment commander Carol Mathieu, the inquiry was told yesterday. ``There is only one protection available to Lt.-Col Mathieu in light of the Charter, in light of equity, in the light of fairness and natural justice,'' Mathieu's lawyer Raphael Schachter told the inquiry probing the Airborne's 1992-93 Somalia mission. ``That is that the commission adjourn, pending the resolution of the parallel criminal proceeding.'' Chief of Defence Staff Gen. John de Chastelain is obliged by military regulations to order a new court-martial for Mathieu, defence department spokesperson Capt. Conrad Bellehumeur said. But Defence Minister David Collenette has the authority to dispense with Mathieu's new trial, if the military's judge advocate-general advises him to do so. [source: © ProQuest LLC All rights reserved, http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page&pag=nxt&pageNumberComingFrom=1&frbg=&&indx=1&fn=search&dscnt=0&scp.scps=primo_central_multiple_fe&mode=Basic&vid=01LOC&ct=search&srt=rank&tab=default_tab&vl(freeText0)=Ottawa%20%22Judge%20Advocate%20General%22&dum=true&dstmp=1467926033683, accessed 7 July 2016]
____________"Quebec `army' has public up in arms Red faces all
around over Bloc's invitation to Canadian
soldiers", Toronto Star, Nov
11, 1995, p.B.4;
Description: IN THE dying days of the Quebec referendum campaign, the Bloc Quebecois sent a fax to all the military bases in the province.
In it, they appealed to every Quebecer serving in the Canadian armed forces to prepare to switch their loyalty to a Quebec military ``the'' day
after a Yes vote. It read: ``The day after a Yes . . . Quebec must create immediately a defence department, the embryo of a defence staff and
offer all Quebecers serving in the Canadian Forces the chance to integrate into the Quebec Forces.'' [source: © ProQuest LLC All rights reserved,
available at: http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page&pag=nxt&pageNumberComingFrom=18&frbg=&indx=171&
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)=Canadian%20armed%
20forces%20%22Judge%20advocate%20general%22%20Canada&dstmp=1502695072931, accessed 14 August 2017]
_____________"Somalia commission criticizes military's bid to
oust soldier", Toronto Star,
Aug 28, 1996, p.A.9;
Description: OTTAWA - The Canadian military's attempt to discharge a soldier who spoke out about the Somalia affair has been slammed by the Somalia inquiry as prejudicial, disturbing and contrary to the pursuit of truth. In a letter sent yesterday to Chief of Defence Staff Gen. Jean Boyle, the trio of Somalia inquiry commissioners headed by Mr. Justice Gilles Letourneau asked Boyle to suspend the administrative action against Corp. Michel Purnelle, who faces dismissal from the military. ``In our view, the procedures adopted for proceeding against Corporal Purnelle are prejudicial to the public interest in the effective pursuit of the truth in our inquiry,'' the Somalia commissioners wrote. (source: © ProQuest LLC All rights reserved
and http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page&pag=nxt&pageNumberComingFrom=11&frbg=&indx=101&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)=%22Pierre%20Boutet%22&dstmp=1468004266638, accessed 8 July 2016);
Peter MacKay, the subject of the Article by Elizabeth Thompson
THOMPSON, Elizabeth, "Law, politics, and life at the crossroads
--Cross Examined", 4 January
2016, interview with former conservative minister Peter MacKay,
available at http://www.canadianlawyermag.com/5874/Law-politics-and-life-at-the-crossroads.html
(accessed 8 January 2016),
He [Peter MacKay] says his time as a cabinet minister and having the opportunity to work with top attorneys general around the world has also made him a better lawyer. “Every life experience is cumulative. You’re gaining perspective, you’re seeing things through others’ eyes. Being at the Department of Justice has very much impacted on how I would conduct myself as a lawyer. As did time at the Department of National Defence and exposure to the Judge Advocate General’s office and rules of engagement. Before that, at the Department of Foreign Affairs, and seeing how lawyers in other parts of the world play a role in the life of their countries.”
THOMPSON, J.M., Captain, member of the OJAG, employed by the
Director of Military Prosecutions, in Grening Z.B. (Sapper), R.
v., 2018 CM 2009 (CanLII), <http://canlii.ca/t/hrm2j>,
accessed 8 May 2018;
THOMPSON, Jane, legal officer, member of the OJAG since May 2015,
see https://ca.linkedin.com/in/jayne-thompson-76398a36?trk=pub-pbmap
(accessed 11 October 2018);
THOMPSON, Katherine, "Teaching IHL Workshop Comes to Canada --
Faculty of Law at the University of Alberta hosts a 'Teaching IHL
Workshop", University of Alberta, Faculty of Law, 28 May 2012;
available at https://lawschool.ualberta.ca/news/main-news/2012/may/teachingihlworkshopcomestocanada
(accessed 24 May 2015);
THOMPSON, Megan
M., Tonya Hendriks, Ann-Renee
Blais, Director General Military Personnel
Research and Analysis, Operational ethics: The effects of option
choice and perspective taking on military moral decision making
processes", Defence Research and Development Canada Scientific
Report DRDC-RDDC-2016-R095, June 2016, x, 34 p.; available
at http://cradpdf.drdc-rddc.gc.ca/PDFS/unc238/p804333_A1b.pdf
(accessed 1 August 2019);
Abstract
One hundred and fifty-three military participants read one of two military moral
scenarios drawn from the operational experiences of Canadian Armed Forces
commanders and then selected one of two possible response options (Scenario1.
Refugees asking to enter your military camp: a) let them in vs. b) turn them away;
or Scenario 2. Disobedient subordinate: a) private reprimand or b) court martial)....
Image
source: ca.linkedin.com/in/michael-thompson-ph-d-70426134,
accessed 11 December 2017
Michael Thompson
THOMPSON, Michael, The Quest for Control in Canadian Defense
Policy : The Evolution of Defence Management and Organization,
1963-1972, Thesis submitted to the Faculty of Graduate and
Postdoctoral Studies in partial fulfillment of the requirements
for the Doctorate in Philosophy degree in History, Department of
History, Faculty of Arts, University of Ottawa, 2014, vii, 360
leaves; available at http://www.ruor.uottawa.ca/bitstream/10393/31844/1/Thompson_Michael_2014_thesis.pdf
(accessed 23 May 2015);
ABSTRACT
This study examines the evolution of Canadian defence organization and administration from the integration and unification
of the Canadian Forces, starting with the arrival of Paul Hellyer as Minister of National Defence in 1963, to the full integration
of military and civilian staffs at National Defence Headquarters in 1972. It seeks to understand the underlying defence management
philosophy by explaining the evolving decision making process and how and why certain management techniques and organizational
concepts came to be embodied in the policy process. The goal of this work is to gain insight into not only the management of
defence but its relationship to, and place within, general organization and management theory. The idea of rationalizing the business
of defence lies at the heart of the history of the reorganizations in the 1960s and early 1970s. Management and organization were
arranged to allow defence decision making to become a more rational process, characterized by new degrees of control, in order to
aid the overall effectiveness of the policy-making process. Overall,there existed a progression of administrative and management
rationalization that had been occurring not only in the post-Second World War era, but since the turn of the century, both within and
without the public sphere. While there was much to be critical about unification and the general defence policy vision of Hellyer,
the evolution and development of modern management techniques in defence during the 1960s can largely be situated within an
ongoing history of bureaucratization and management evolution of large scale organizations in general and military organizations in particular.
THOMPSON, S.A., Major, "Defusing the Ticking Bomb: An Argument for
the Absolute Legal Ban on Torture", Canadian Forces College, JCSP
43, 2016-2017, Exercise Solo Flight, 27 p.; available at https://www.cfc.forces.gc.ca/259/290/402/305/thompsons.pdf
(accessed 7 April 2018);
THOMPSON, William McMaster, member of the OJAG, see obituary at The
Globe and Mail, 3 August 1982, at p. 48:
![]()
Pressing (and holding) the Ctrl key and scrolling the wheel of the mouse allows
Source: ProQuest Historical Newspapers, The Globe and Mail,
to zoom in or out of the web page being viewed
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview,
accessed 5 November 2018
THOMSON, Aly, "Five-man court martial panels ‘not the answer,’ advocate says after Halifax [General Court Martial] sex assault acquittal", The Star Halifax, 28 June 2018; available at https://www.thestar.com/halifax/2018/06/28/canadian-military-panels-should-have-gender-parity-advocate-says-after-halifax-acquittal.html (29 June 2018); general Court Martial of Sgt Kevin MacIntyre, Halifax;
Andrew Thomson, second from right at the Humanitarian Law
Conference held at the University of Calgary
(source: http://www.redcross.ca/blog/2015/3/lessons-learned-at-international-humanitarian-law-conference,
acessed 20 May 2015)
THOMSON, Andrew (A.W.R.), "Doctrine of the Protection of
Nationals: the rise of the Non-combatant Evacuation
Operation", (2012) 11 (3) Washington
University Global Studies Law Review 627-668, available
at http://openscholarship.wustl.edu/cgi/viewcontent.cgi?article=1414&context=law_globalstudies
(accessed 22 February 2015); see http://www.redcross.ca/article.asp?id=42737&tid=067
(accessed on 21 May 2012);
___________Biographical note on Andrew Thomson:
Andrew Thomson, LL.B., is a member of the Office of the Judge Advocate General and an officer in the Canadian Forces. He has served as a legal advisor on missions to Bosnia
in 2003–2004, as well as to Afghanistan where he served as the Deputy Task Force Legal Advisor in 2009–2010 advising on a range of operational law issues. He is recently served
in the Directorate of International and Operational Law, and is now a Special Assistant to the Judge Advocate General of the Canadian Forces. (source at
http://openscholarship.wustl.edu/cgi/viewcontent.cgi?article=1414&context=law_globalstudies , at p. 627 (accessed 22 February 2015).
___________on THOMSON, Andrew, Note: "recipients
[with Maj Akis Vitsentzatos] of the 2020 @JusticeCanadaEN Public Safety, Defence and Immigration Portfolio
Litigation Award", tweet of the Office of the Jag, 9 October
2020 and available with photo at https://twitter.com/JAGCAF/status/1314589775425396741/photo/1
and https://twitter.com/JAGCAF
(accessed 10 October 2020);
THOMSON, B. James, legal officer with the JAG:
B. James Thomson ’31 Bursary
B. James Thomson had a long and distinguished career in the legal profession first as a lawyer then, while a Lieutenant during World War II,
as a Legal Officer with the Assistant Judge Advocate General’s Branch and finally as a founding member of Haines, Thomson & Rogers
(later Thomson Rogers). He died in 1970 while arguing a case in the Court of Appeal for Ontario. This bursary will be given annually to a
student in the JD program who is in good academic standing and has financial need. Preference will be given to a student who has demonstrated
a commitment in working in an underserved community.
Gordon Thomson, image source:
ca.linkedin.com/in/gordon-thomson-c-d-j-d-ll-m-3a
277443?trk=public_profile_browsemap_profile-result-
card_result-card_full-click,
accessed 8 February 2020.
THOMSON, Gordon, Nabbing the devil: practical considerations
in the use of armed force in the apprehension and arrest of
persons indicted in war crimes, LL.M. thesis, University of
British Columbia, 2005, vii, 338 leaves: ill; 28 cm; at the time
of his LL.M, Gordon Thomson was a LCdr with the Office of the
Judge Advocate General; available at http://circle.ubc.ca/handle/2429/16464,
access 2 March 2015;
Abstract
This thesis considers the challenges faced by international criminal tribunals in gaining physical jurisdiction over those persons indicted for the commission of war crimes,
crimes against humanity and genocide. The thesis covers the need for justice for victims of such crimes, the history of the laws of war, war crimes and their prosecution,
the need for an interdiction instrument, the legal basis for acting with force to arrest indictees, the use of military force to effect such arrests, and some of the various
political and practical issues that arise in such use of force. I sought out first hand quotes and stories contained in various media sources, books and court transcripts to
lend a voice to the victims. Substantiating the requirement for justice, I researched the written works and oral texts of academics, politicians, jurists, and senior military
commanders, who have experienced firsthand the difficulties in preventing atrocities and prosecuting accused. To concisely discuss the history of the laws of war,
I studied various academic works on the conduct of war including the writings of various history, religious and legal academics, as well as several primary source
documents, including religious texts. In considering current international tribunals, I relied on treaty and customary international law documents, United Nations'
documentation, and the current tribunals' statutes. The case law on extraterritorial detention of accused was found in trial and appellate court decisions from the United
States, United Kingdom, South Africa, Israel and the ICTY. The thesis concludes that current international tribunals lack necessary mechanisms for enforcing indictments
and thus ensuring that accused are brought before the courts' jurisdiction. In light of this inadequacy, a practical mechanism is needed to effect the interdiction and arrest
of indictees for current and future international criminal tribunals. In conclusion, the use of military force to secure the detention and delivery of accused before the
jurisdiction of issuing courts can be justified and should be utilized when other options have failed to effect with celerity, the accused's arrest.
(source: http://circle.ubc.ca/handle/2429/16464, access 2 March 2015)
Gordon Thomson
__________notes on Gordon Thomson, former JAG officer:
Legal Officer, Lieutenant Commander (ret'd)
Office of the Judge Advocate General Canadian Armed Forces
August 2001--April 2017 (15 years 9 months)
Deputy Judge Advocate Pacific Fleet; Military Prosecutor; Director of Military Prosecutions;
Legal Officer, Military Legal Training Centre; Legal Advisor, DND/CFLA; Legal officer,
Directorate of International and Operational Law.
[source: https://ca.linkedin.com/in/gordon-thomson-3a277443, accessed 11 December 2017]
THOMSON, Gordon W., "Weaving the Afghan legal Fabric", The
Advocate, ISSN 0044-6416, 01/2011, Volume 69, Issue 1, pp.
57-58; title noted in my research but article not consulted yet
(18 October 2017); ****
THOMSON, Michael H., Barbara D. Adams, and Jessica A. Sartori,
"Moral and Ethical Decision Making Literature Review", Toronto:
DRDC, 2005; available at http://pubs.drdc.gc.ca/PDFS/unc48/p524514.pdf
(accessed on 2 August 2012);
___________ "Moral and Ethical Decision Making in Canadian Forces
Operations", Toronto: DRDC number CR-2006-013, available at http://www.publications.gc.ca/collections/collection_2007/nd-dn/D69-1-2006E.pdf
(accessed on 7 June 2014);
THOMSON, Michael H., Courtney D.T. Hall and Barbara D.
Adams, Current Canadian Forces Education and Training for
Moral and Ethical Decision Making in Operations, January
2010, xiv, 42 p., DRDC No. CR 2009-043; available at http://www.researchgate.net/publication/235080751_Current_Canadian_Forces_Education_and_Training_for_Moral_and_Ethical_Decision_Making_in_Operations
(accessed 9 September 2015)
2.1.4 Canadian Forces Military Law Centre (CFMLC)
The Canadian Forces Military Law Centre (CFMLC) functions as the military legal education and training
centre for the CF. It is a joint effort of CDA and the Office of the Judge Advocate General (JAG). Its mandate
includes providing legal education and training materials and services to military members to prepare them
for legal challenges they may confront in current and future operations. The CFMLC provides legal research,
education, and training to the CF. Research often focuses on military justice and law. Its efforts are aimed at
enhancing discipline across the CF and ensuring that the CF can carry out current and future missions in
accordance with all applicable domestic and international laws. We were unable to speak to a SME instructor
from CFMLC to discuss education and training efforts with respect to moral and ethical decision making in
operational contexts. (p, 15)
Abstract
The thesis primarily examines the legality of the courtsmartial that followed the 1838-1839 rebellion in
Lower Canada against the contemporary principles of British jurisprudence and concludes that Sir John
Colborne, the acting governor of the colony, and others within the governing political elite of Lower Canada
exceeded their authority and violated the British Constitution in order to obtain convictions and executions
of Patriotes for the purpose of satisfying their perception of justice and to deter another rebellion. The paper
also concludes that what happened in Lower Canada is an example of the "law" being created by one or more
of society's segments in favour of the interest of the dominant class or groups over the rest of society.
Furthermore, fundamental legal rights are tossed aside when they are deemed an impediment by the dominant
class or groups and the rule of law will only prevail when those in authority feel secure from serious threats.
The work looks at the nature of law, its social contexts, and its relationship to power. It also discusses the
history of the prohibition in Great Britain against the court-martial of civilians, the entitlement of British
colonists and the inhabitants of "conquered colonies" to the legal rights of British subjects, and the use of
ourts-martial in the early nineteenth century in Upper Canada, South Africa, and the British Caribbean. All
of the materials used herein were found in the University of British Columbia's Main Library, Law Library,
and Sedgewick Library.
Cdr Bonita Thornton, left, Canadian Bar Association, 2014 Ethics
and Military Law Conference,
Ottawa, 6 June 2014; image source: https://www.flickr.com/photos/cba_abc/14436554264/in/
set-72157644793841409/,
accessed on 1 February 2015.
THORNTON, Bonita, "Military Operational Law -- Droit
Opérationnel Militaire, August 2012, pdf format, part of the
2012 Canadian Bar Association Canadian Legal Conference and
Marketplace/Conf/rence juridique canadienne (CJC) et Marché
juridique de l'Association du Barreau canadien; available
from the Canadian Bar Association Store; $40.00 for
non-members and $25.00 for members;
___________"Military Operational Law -- Droit Opérationnel
Militaire", in CANADIAN BAR ASSOCIATION NATIONAL PROFESSIONAL
DEVELOPMENT STREAM MATERIALS, 100 Years of JAG Advice to
the Canadian Forces - Challenges and Opportunities /
100 ans du Juge-avocat général (JAG) au service des Forces
armées canadiennes : défis et perspectives [PRESENTATION]
[PRESENTATION
FRANÇAIS],
Moderator: Lieutenant-Commander
Pascal Lévesque, Office of the Judge Advocate General
(Gatineau); Speakers: Colonel
Mario Léveillée, Office of the Judge Advocate General
(Ott.); Lieutenant-Colonel Roger Strum, Office
of the Judge Advocate General (Ott.); Commander
Bonita Thornton, Office of the Judge Advocate General
(Toronto); Note: CBA Canadian Legal Conference, CBA and CCCA
Programs, August 12-14, 2012, Vancouver, BC; available at http://www.cba.org/CBA/Vancouver2012/cba-pd/Materials.aspx,
accessed on 21 January 2015;
___________Notes on Bonita Thornton (not necessarily written by her):
Bonita Thornton was born in Toronto, Ontario. Following the completion of her undergraduate degree, she worked in aBonita Thornton
Manager, Investigations Department Law Society of Upper Canada
variety of occupations across Canada, including employment as a librarian and a musician. She joined the Canadian
Forces in 1986 and later became a commissioned officer. Bonita worked as an Administration Officer/Human Resource
Manager with the Department of National Defence at a number of locations. She has lived and worked in British Columbia,
Manitoba, Ontario, New Brunswick, Nova Scotia and Newfoundland.
In the 1990s Bonita made a career change, attended and graduated from Queen’s University Law School and was called to
the Bar of the Law Society of Upper Canada. She worked briefly as a labour and employment lawyer in downtown Toronto.
In early 2000 she became Military Legal Officer/Lawyer with the Office of the Judge Advocate General (“JAG”).
In 2006 Bonita was promoted to the rank of Commander and became the Assistant Judge Advocate General, Central Region,
the senior military lawyer managing five legal offices throughout Ontario. In this position she provided legal advice and training
to the Military Police and commanders of Canadian Forces Bases and Units on disciplinary and criminal investigations, appropriate
charges, summary trials and courts martial. In addition she advised on operational, International and administrative law.
In 2008 – 2009, Commander Thornton was the senior legal advisor to the Canadian Task Force in Afghanistan. In June 2010 she
was the senior legal advisor to the Commander of the Military Joint Task Force assisting the Royal Canadian Mounted Police during
the G8/G20 Summit.
In late 2012 Bonita commenced a new position as the Manager, Investigations Department with the Law Society of Upper Canada.
[source: http://hbprofessionaldevelopment.com/cpdtoronto/10-30-2013_bio-bonita-thorton.html, accessed 21 January 2015]
Bonita Thornton
___________Notes on Bonita Thornton from the Military Police
Complaints Commission of Canada, 2018 Annual Report at https://mpcc-cppm.gc.ca/corporate-organisation/reports-rapports/annual-report-rapport-annuel/annual-report-rapport-annuel-2018-eng.aspx
(accessed 25 December 2019);
Bonita Thornton (March 2018 – present)
Commission MemberMs. Bonita Thornton was appointed as a Commission Member in March 2018. Ms. Thornton is a
lawyer, manager and military veteran with extensive government and regulatory experience in
administrative and criminal law. Previously she led Investigations Departments at the Law
Society of Ontario and the College of Physiotherapists of Ontario.Ms. Thornton worked for twelve years as a lawyer and officer with the Office of the Judge
Advocate General, Canadian Armed Forces. From 2006 until 2012 she held the position of
Assistant Judge Advocate General, Central Region, where she oversaw five legal offices
across Ontario and provided advice and training to military commanders, police and
personnel on a broad spectrum of legal and operational issues. She was deployed to
Afghanistan in 2008‑2009 as the senior legal advisor to the Canadian Task Force in
Kandahar. Ms. Thornton grew up in Northern Ontario, graduated from Laurentian
University and has worked across the country. She graduated from Queen’s Law School
in 1997 and was called to the Ontario Bar in 1999. Ms. Thornton has received the Queen
Elizabeth II Golden Jubilee Medal, Queen Elizabeth II Diamond Jubilee Medal and 125th
Anniversary of the Confederation of Canada Medal for her contributions to Canada and her
community.
___________Research note: "Appointment of BONITA LAINE THORNTON of
Toronto, Ontario, who is not an officer or non-commissioned member
of the Canadian Forces, nor an employee of the Department of
National Defence, to be a part-time member of the Military Police
Complaints Commission, to hold office during good behaviour for a
term of three years", P.C. number 2018-0292, 12 March 2018;
see http://orders-in-council.canada.ca/attachment.php?attach=35955&lang=en
and http://orders-in-council.canada.ca/
(accessed 9 April 2018);
THORSON, D.S., F.E. Gibson and J.W. Ryan for the Canada
Commissioners, "Courts Martial - Use of Self-Criminating
Evidence", (1974) 56 Proceedings Uniform Law Conference of
Canada 136-144 and p. 31; the exact title of the
publication is: Proceedings of the Fifty-Sixt Annual Meeting
of the Uniform Law Conference of Canada; Research Note:
the title is somewhat misleading as it concerns not courts martial
but Boards of Inquiry; available at http://www.ulcc.ca/en/poam2/56th%20Annual%20Meeting.pdf
(accessed
on 8 January 2012);
THORPE, Fred, Roch Legault and Serge Bernier, "Canadian Military
History : Its Books, Its Teaching", (1995) 16(1) International
Bibliography of Military History 137-181; see http://booksandjournals.brillonline.com/content/journals/10.1163/221157595x00049
(accessed 1 March 2018);
THURLOW, Arthur L., served with the JAG Branch during WW II, see
"New Puisne Judge Here", The Ottawa Citizen, Wednesday, 5
September 1956 at p. 11; retrieved
from
http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2337936969?accountid=46526,
accessed 1 May 2020;
Image source: en.wikipedia.org/wiki/Arthur_L._Thurlow,
accessed 30 May 2020
___________death notice of Arthur Louis Thurlow, 1913-1920,
posted on 29 May 2020 by Luc and available at https://necrocanada.com/obituaries-2020/arthur-louisthurlow-1913-2020/
(accessed 30 May 2020);
Obituary for
The Rt. Hon. Judge Arthur Louis Thurlow
Arthur L. Thurlow, 1913 – 2020 former Chief Justice of the Federal Court of Canada passed away
peacefully on Wednesday, May 27, 2020 at 107 years old. Beloved husband of Mabel for 67 years
(deceased 2008). Son of the late Charles and Maude. Dear brother to Margie, age 108 years.
redeceased by Flossie, Evy, Charles, Lionel and Millie. In his younger years he and his wife
loved to garden, play golf, travel and meet with many friends. A lifetime member of the
Royal Ottawa Golf Club which he played until 105.Survived by his only son James (Barbados) and daughter-in-law Deborah (nee Egan). Arthur
also leaves behind his loving grandchildren Christopher and Karen (husband Leonard). Karen
spent weekly lunches with him and helped him with all the things he couldn’t tackle and
enjoyed their weekly dates for lunch. Arthur also leaves his great-grandchildren Austin,
Cameron, Makenzie, Noah, Kianna, Cody, and Madison who brought so much joy to his
visits. He also leaves his special friend and Lawyer Paul who spent many hours with him.
Arthur was a Politician and a Judge and represented the electoral District of Lunenburg County
in the Nova Scotia House of Assembly from 1949 – 1953 and was a member of the Nova Scotia
Liberal Party. He was educated at Dalhousie University. He married the love of his life Mabel
in 1941. Arthur was appointed a Judge in 1956 serving from 1956 – 1971 as Judge of the
Exchequer Court of Canada from 1971 -1988 and as a Judge of the Federal Court of Canada.
Arthur was appointed an Officer of the Order of Canada in April of 1992. Arthur lived a full life
and in his later years, valiantly fought to regain his strength which would allow him to continue
enjoying his family and friends. We will all have a spot in our hearts for this remarkable loving
man and may he now rest peacefully with his loving wife Mabel. Due to Covid 19 arrangements
will be made at a later date.Our most sincere sympathies to the family and friends of Arthur Louis
Thurlow 1913 2020..
Florence
Tilch, source de la photo: http://ca.linkedin.com/pub/florence-tilch/4b/55a/601,
visité 2 février 2015
TILCH, Florence, Récits de déserteurs et de volontaires:
enquête sur la configuration narrative de deux figures de
l'imaginaire franco-québécois, thèse présentée à la Faculté
des études supérieures et postdoctorales de l'Université Laval
dans le cadre du programme de doctorat en histoire pour
l'obtention du grade de Philosophiae doctor (Ph.D.), Départment
d'histoire, Faculté des lettres, Université Laval, Québec, 2013,
409 p.; disponible à www.theses.ulaval.ca/2013/29712/29712.pdf
(vérifié le 8 novembre 2014);
Résumé
Les déserteurs et les volontaires sont des acteurs de l’histoire québécoise qui ne sont pas toujours évidents à étudier. Tant de mythistoires entourent ces deux personnages
qui symbolisent avant tout deux attitudes et comportements antagonistes lors de conflits militaires ! Au Québec francophone, les déserteurs et les volontaires des guerres
mondiales sont toutefois devenus des protagonistes qui représentent bien davantage qu’un endossement ou un refus du service aux armes. L’objectif de cette thèse est de
comprendre les valeurs multiples et changeantes qu’incarnent ces deux figures au sein du grand récit collectif et des petits récits qui marquent l’imaginaire de la communauté
québécoise. En effet, depuis la Guerre des Boers en Afrique du Sud, l’envoi de troupes à l’extérieur du Canada est une occasion pour la société d’évaluer ses allégeances
et de discuter son parcours historique, ses origines et son destin. Ainsi, nous partons du constat selon lequel les représentations des déserteurs et des volontaires, qu’elles
soient historiographiques ou fictionnelles, ne sont pas formulées dans le vide. Elles s’insèrent dans différentes strates narratives que nous devons dégager. Ce sont donc
trois niveaux historiaux qui nous intéressent dans le cadre de cette thèse : la configuration narrative de l’expérience historique québécoise, la mise en scène des guerres
mondiales au sein de ces récits collectifs et, enfin, les intrigues où figurent les déserteurs et les volontaires. Ces mondes narratifs ne sont bien sûr pas statiques et isolés,
mais, au contraire, évoluent en permanence, se côtoient et se confondent dans des discours aussi différents que la fiction et l’historiographie. Nous avons choisi d’étudier
des romans et des pièces de théâtre, car la fiction est le seul domaine où les représentations des volontaires et des déserteurs se côtoient et deviennent ainsi comparables.
Une analyse de la configuration narrative nous disposera à établir un tableau de différents leitmotifs qui définissent les deux acteurs et à comprendre leur fonction dans
la représentation des guerres mondiales. Nous pouvons alors saisir les évolutions complexes et subtiles du grand récit historique québécois et ainsi dégager une perspective
nouvelle sur la négociation jamais achevée des références identitaires de la communauté. (Source: http://www.histoirequebec.chaire.ulaval.ca/tag/florence-tilch/,
site visité le 2 février 2015);
Source
of image: https://www.facebook.com/petertinsleyliberal/timeline?ref=page_internal,
accessed 3 November 2015
TINSLEY, Peter: former JAG officer, military judge and Chair of
the Military Police Complaints Commission; see http://www.ijsd.org/wp-content/uploads/2009/02/Tinsley_Peter_Executive_Director_-Profile.pdf;
___________biographical notes, The Canadian Association for
Civilian Oversight of Law Enforcement, Conference 2010, Speaker
and Moderator Biographies, at pp. 9-10, available at http://www.cacole.ca/confere-reunion/pastCon/pdf/2010Biographies-eng.pdf
(accessed 14 December 2015);
Peter A. Tinsley
Executive Director
Institute for Justice Sector Development
Mr. Tinsley is a graduate of McMaster University and the University of Windsor Law School. He is a member of the Law Society of Upper Canada. Mr. Tinsley had a 28-year
career in the Canadian Armed Forces, serving overseas and in Canada as a military police officer for almost 10 years. Following his graduation from law school he transferred
to the Office of the Judge Advocate General. In that capacity Mr. Tinsley was best known as the senior prosecutor and appellate counsel in the prosecution of Canadian Forces
members stationed in Somalia for murder and torture. On his departure from the military in 1997, Mr. Tinsley was Special Assistant Judge Advocate General and held the rank
of Lieutenant Colonel.
Following his retirement from the military Mr. Tinsley entered the private practice of law as a criminal defence counsel. On January 1, 1999, Mr. Tinsley was appointed by the
Government of Ontario to a five year term as the Director of the province’s Special Investigations Unit. Following that appointment and commencing in 2003 Mr. Tinsley served
as an international prosecutor in the former Yugoslavia, first with the United Nations Interim Administration in Kosovo and then in the newly created Special War Crimes
Department of the State Court of Bosnia and Herzegovina. In December 2005 Mr. Tinsley returned to Canada to accept an appointment by the Government of Canada to a four year
term as the Chairperson of the Military Police Complaints Commission. During this period he also served as the President of the Canadian Association of Civilian Oversight of
Law Enforcement. Mr. Tinsley is now the Executive Director of the Institute for Justice Sector Development, a non government organization created to assist nations whose justice
systems are in transition and donor states in the creation and implementation of assistance programs. In the professional context, Mr. Tinsley has spoken frequently, both within
Canada and internationally, on matters related to the Rule of Law and civilian oversight of security forces. Such presentations have been made in Nicaragua, Guatemala, El Salvador,
Cuba, Romania, Northern Ireland, Kosovo, Portugal and, most recently for the United Nations Development Program Iraq and the State Government of Minas Gerais, Brazil.
___________"The Military
Police Complaints Commission", in Ian D. Scott, ed., Issues in
civilian oversight of policing in Canada, Toronto, ON
: Canada Law Book, [2014], xxxiv,
357 pages ; 23 cm, ISBN: 9780888047205 (pbk), 0888047207
(pbk);
__________on Tinsley, Peter, see his photo on flick put by Jim
Rycroft at https://www.flickr.com/photos/xjag/32840879755/in/album-72157623951146254/lightbox/
(accessed 26 September 2020);
------
Peter A.
Tinsley
Peter A. Tinsley, source: arbormemorial.ca/burke/obituaries/peter-a-tinsley-lcol-ret-d/33479
___________on Tinsley, Peter A., see "Obituary Review", Canada
Obituaries, Death notice Peter A. Tinsley LCol Ret'd 2019, death
notice for the town of Belleville, available at https://necrocanada.com/obituaries-2019/05/peter-a-tinsley-l-col-retd-2019/
(accessed 2 May 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 the Record...Interview with Peter Tinsley,
Executive Director of the Institute for Justice Sector
Development, Canada", (September 2011) 37 SA Crime Quarterly
33-37; available at https://issafrica.org/uploads/CQ37OnTheRecord.pdf
(accessed 25 August 2016);
____________on TINSLEY, Lieutenant-Colonel Peter, see
McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military
Lawyers, Ottawa : Office of the Judge Advocate General,
c2002, at pages 158, 160 and 212, available at 103-242;
Peter Tinsley, left, with Justin Trudeau
____________on TINSLEY, Lieutenant-Colonel Peter, see O'NEILL,
Don, "Let’s Send Our Most Qualified Candidate to Ottawa – Peter
Tinsley", Bay of Quinte Federal Liberal Association, 6 May 2014,
available at http://quinte.liberal.ca/lets-send-qualified-candidate-ottawa-peter-tinsley/
(accessed 10 March 2017);
____________on TINSLEY, Peter, see Rick,
"Comment--Protector", The Times, 2 May 2019, available
at https://wellingtontimes.ca/protector/
(accessed 8 May 2020);
___________testimony of Peter Tinsley, Former Chair, Military
Police Complaints Commission, on Bill C-15, An Act to
amend the National Defence Act and to make consequential
amendments to other Acts -- this Bill has the Short Title: Strengthening
Military Justice in the Defence of Canada Act,
- before the House of Commons Standing Committee on National Defence, meeting number 66, 13 February 2013, minutes and evidence;
- before the Standing Senate Committee on Legal and Constitutional Affairs, meeting issue 38, 29 May 2013, minutes and evidence;
TOOLEY, Robert, "Appearance or Reality? Variations in
Infantry Courts Martial, 1st Canadian Division, 1940-1945",
(October and December 1992) 22(2) and (3) Canadian Defence Quarterly 33-39
(Part I) and 40-47 (Part II); Mr. Tooley was a doctor
from Halifax; copy available at the Directory of History and
Heritage, 2nd floor of the Colonel Charles P. Stacey Building,
2429 Holly Lane, Ottawa, Ontario;
"Top Ten Reasons to Work in JAG" -- "Dix motifs irrésistibles de
travailler au sen de l'équipe du JAG", JAG Newsletter --
Bulletin d'actualités, volume 1, Jan-Feb 1998;
---------
Lieutenant Commander Sally Torani, prosecutor
(video-still)
Dale Caruters, reporter
TORANI, Sally, Lieutenant-Commander, about, see the article:
CARUTERS, Dale, reporter, CTV News London, "Fanshave College
won't comment after court martial of former naval...", video,
available at http://london.ctvnews.ca/video?clipId=1278881
(accessed 8 December 2017); dcarruthers@postmedia;
Fanshawe College is refusing to comment, citing personnel privacy issues, after the court martial of an ex-naval commander and
co-coordinator of the school's international business management program. Nord Mensah pleaded guilty to a charge related to a
sexual relationship he engaged in with an immediate ...
[source: https://www.google.ca/search?, accessed 8 December 2017]
___________photo of Saloumeh (Sally) Torani, LCdr:
LCdr Saloumeh Torani, the prosecutor in this case; on the photo, she is
"receiving a General Campaign Star for service in Afghanistan".
image source: Department of National Defence Report on Plans and Priorities
2011-12, at p. 49 at tbs-sct.gc.ca/rpp/2011-2012/inst/dnd/dnd-eng.pdf (accessed 2 November 2017)
___________photo of Commander Saloumeh Torani with others,
in Lookout, MARPAC NEWS, CFB Esquimalt, vol. 66,
number 5, 8 February 2021 at p. 14, available at lookoutnewspaper.com/issues/66/2021-02-08-05.pdf
(accessed 14 May 2021);
___________photo of Sally Torani with other officers of the OJAG
:
"Canadian Military Prosecution Service @CMPSCAF [2019 ] Congratulations
to Commander Sally Torani on her recent promotion, seen here with Col Bruce MacGregor,
and LCol Dylan Kerr. Cdr Torani will now assume duties of one of our two Deputy Directors\
of Military Prosecutions."
TORONTO STAR, Editorial, "Canada’s military acted on Afghan
abuses, once the media blew the whistle: Editorial. Canada's
military has got the message that it has to intervene to prevent
abuses of the kind Star exposed in Afghanistan" thestar.com,
available at http://www.thestar.com/opinion/editorials/2016/04/13/canadas-military-acted-on-afghan-abuses-once-the-media-blew-the-whistle-editorial.html
(accessed 15 April 2016);
____________"Detainee affair won't go away", Toronto Star, Feb 26, 2010,
p.A.20;
Description: Brig.-Gen. Ken Watkin, Canada's judge advocate general (top military lawyer), drove home that point in a memo on May 22, 2007, soon after the transfer policy was tightened. He reminded Gen. Rick Hillier, then chief of defence staff, and the ranks that they were duty-bound to "prevent or repress" prisoner abuse and to report it. He also warned that they risked "criminal liability" for failing to act. (source: http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page&pag=nxt&pageNumberComingFrom=1&frbg=&&indx=1&fn=search&dscnt=0&scp.scps=primo_central_multiple_fe&mode=Basic&vid=01LOC&ct=search&srt=rank&tab=default_tab&vl(freeText0)=%22military%20lawyer%22%20canada&dum=true&dstmp=1471640121231, accessed 19 August 2016);
TORRANCE, Judy M., Public Violence in Canada, 1867-1982,
Montréal: McGill-Queen’s University Press, 1986, 270 p.; title
noted in my research; book not consulted yet;
TORREALBA, José, Open Secrets, National Film Board,
2003, 52 minutes, available at https://www.nfb.ca/film/open_secrets
(accessed 2 April 2016); also available in French under the title
Secrets de polichinelle, disponible à https://www.nfb.ca/film/secrets_de_polichinelle;
This provocative documentary uncovers a lost chapter in Canadian military history: how the Armed Forces dealt with homosexual
behaviour among soldiers, during and after World War II. More than 60 years later, a group of five veterans, barely adults when they
enlisted, break the silence to talk about how homosexual behaviour "was even more unmentionable than cancer." Yet amidst the
brutality of war, instances of sexual awakening among soldiers and officers were occuring. Initially, the Army overlooked it, but as
the war advanced, they began to crack down: military tribunals, threats of imprisonment, discharge and public exposure. After the
war, officers accused of homosexuality were discharged. Back home in Canada, reputations and careers were ruined. For the young
men who had served their country with valour, this final chapter was often too much to bear. Based on the book Courting Homosexuals
in the Military by Paul Jackson.
Marie-Louise Tougas, source de l'image: http://www.operationspaix.net/134-banque-d-experts-tougas-marie-louise.html,
site visité le 23 avril 2014
TOUGAS, Marie-Louise, "Commentary on
Part I of the Montreux Document on Pertinent International Legal
Obligations and Good Practices for States Related to Operations of
Private Military and Security Companies During Armed Conflict"
(March 2014) 96 (893) International Review of the Red Cross
305-358;
The Montreux Document on Private Military and Security Companies (Montreux Document) was adopted in 2008 by seventeen States toAbstract
reaffirm and, as far as was necessary, clarify the existing obligations of States and other actors under international law, in particular under
international humanitarian law (IHL) and international human rights law (IHRL).... see rest at cambridge.org/core/journals/international-review-of-the-
red-cross/article/commentary-on-part-i-of-the-montreux-document-on-pertinent-international-legal-obligations-and-good-practices-for-states-related-to-operations-of-private-
military-and-security-companies-during-armed-conflict/CF6FC16097A35484C040E9166DEA4A6C, accessd 30 September 2017
____________Droit international, sociétés militaires privées
et conflit armé: Entre
incertitudes et responsabilités, Éditions Bruylant, octobre 2012;
___________ La prise en compte normative
internationale des activités des sociétés militaires privées
dans les zones de conflits : entre incertitudes et
responsabilités, thèse de doctorat, Université Laval, 2011,
410 p.; disponible à www.theses.ulaval.ca/2011/27924/27924.pdf
(site visité le 21 juin 2017);
____________« La responsabilité internationale d’État
pour le fait d’entreprises militaires privées », (2007) Annuaire
canadien de droit international 97-130;
TOUGAS, Marie-Louise, et Olivier Delas, "Quelques réflexions
entourant la participation de compagnies militaires privées aux
conflits armés", (2007) Revue québécoise de droit
international (Hors-série); disponible à http://www.sqdi.org/fr/revue-collection-vhsn2007-9.html
(vérifié le 9 January 2015);
TOURIGNY, Dominic, membre du JAG;
Barreau du Québec depuis 2017;
TRACY, N., The
enforcement of Canada's continental maritime jurisdiction,
Ottawa : Department of National Defence, Operational Research and
Analysis Establishment, 1975, vii, 185 p. ; 28 cm. (series;
ORAE Report; no. R44) (series; ORAE extra-mural paper no.R44),
Bibliography: p. 178-185; title noted in my research but document
not consulted yet (29 February 2012);
Abstract: The study has been written with the objective of elucidating the significance of Canada's military capacity in the realization
of Canada's maritime jurisdictional claims. It is concerned with Canada's ability to impose control upon foreign nationals who are
obeying the will of their own governments. Accordingly the account considers the possibility of unilateral action to directly achieve
the objectives. But when that is shown to be largely inappropriate, attention is turned to the means of bringing about a change in
the attitudes of foreign governments. In this respect the study is essentially confined to the place of the military in achieving such
alterations.
[source: http://pubs.drdc-rddc.gc.ca/BASIS/pcandid/www/engpub/DDW?W%3DSYSNUM=118199&r=0, accessed on 23 April 2014]
Major Mélanie Tran,
image source: facebook.com/RCAF.ARC/photos/pcb.10156054280131237/10156054277691237/?type=3&theater,
accessed 25 December 2019.
TRAN, Mélanie-Loan, avocate, membre des Forces armées
canadiennes et du Bureau du Juge-avocat général, membre du Barreau
du Québec depuis 1997;
___________ concernant Tran, Mélanie, voir la photo ci-dessous:
![]()
Mélanie Tran, source de l'image: twitter.com/TiwaSteve/