Canadian Military Law -- Part II
Bibliography S to Z /
Droit militaire canadien -- Partie II
Bibliographie S à Z
sites on Canadian military law
Part II -- Bibliography: A-B--C-D--E-G--H-L--M-R--S-Z
I -- Canadian Military Law --
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
Bills 1999-2012 on National Defence Act
Affairs -- Sexual Misconduct
Martial Comprehensive Review 2016-2017
& DND Web Sites
Regulations and Orders
- Superseded Legislation
Sites of Interest
Bibliography S to
Bibliographie S à Z
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);
https://ca.linkedin.com/in/anthony-saez-0ab4aa58, accessed 17
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
- 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
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
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]
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;
___________"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
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
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);
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);
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);
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;
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;
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);
__________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
(accessed 17 October 2016);
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, P.M., Military police
status and discretion: a presentation to the AFC,
[Ottawa: Dept. of National Defence], 1995,
1 v. (various pagings); notes: "ID
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);
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.
accessed 30 November 2014
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, "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;
___________"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
29 April 2012);
___________"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;
source: twitter.com/karen_saweczko, accessed 23 April 2017
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;
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=%22Jerry+Pitzul%22&scp.scps=primo_central_multiple_fe, accessed 8 July 2016)
accessed 30 November 2014
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);
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;
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; 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);
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:
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)
___________ comments on the militrary 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);
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);
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;
Létourneau (left) with Jean Bruno Cloutier, photo: by David Chan for The Lawyers Weekly
___________"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
(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].
___________"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  CMAC 2 ; available at http://www.lawyersweekly.ca/articles/2593 (accessed 18 January 2016);
___________ "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);
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.
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);
Craig Scott: image source: http://www.osgoode.yorku.ca/faculty-and-staff/scott-craig-m/, accessed on 5 January 2014.
SCOTT, Craig, 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
(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);
accessed 24 September 2016
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;
accessed 22 January 2016
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
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.
source: http://www.rcinet.ca/en/author/lsevunts/, accessed 16 June
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.
Image source: https://www.justsecurity.org/author/shahnaureen/, accessed 16 June 2016
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);
Paperback edition Hardcover edition (images from
SHAW, Amy J. (Amy Jeannette), 1972-, Crisis of Conscience: Conscientious Objection in Canada during the First World War, Vancouver : UBC Press, c2009, 255 p. ; 24 cm. SERIES: Studies in Canadian military history 1499-6251. NOTES: Includes bibliographical references (p. -244) and index. ISBN: 9780774815932;
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.
=1&itm=33059358&rsn=S_WWWshanYKYYm&all=1&dt=AW+|courts+martial|&spi=-&rp=1&v=1, accessed on 7 July 2013]
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.”
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; 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.
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-DEMERS, Catherine, "Fighting the Good Fight: A Comparative Study of Military Ethics in Operations other than War", available at (accessed 14 September 2017);
Image source: msheriko.wordpress.com/, accessed 14 March 2017
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/
[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;
___________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;
___________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: http://www.mccallbros.com/douglas-grant-sherlock/#comments, accessed on 11 January 2015; see also http://www.legacy.com/obituaries/timescolonist/obituary.aspx?n=Clive-Langley-Rippon&pid=105325241, accessed 13 February 2016);)
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);
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;
Image source: , accessed 27 December 2016
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);
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);
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.
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, Ireland, 2007; (recherche en cours, 1er septembre 2015);
SIEPKA, Magda (M.K.), Lt(N), "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.
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);
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,
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
RÉFORME DU DROIT DU CANADA, La juridiction
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;
"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;
___________ 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;
"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;
SIMPSON, Jay, "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);
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;
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;
Image source: https://twitter.com/schulichlaw/status/378174374119211008, accessed 22 July 2017
__________"Substantive Review Assignment", (2004) 1 Les actualités JAG Newsletter 27-30; résumé en français à la p. 27;
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;
- Table of Contents
- Complete Book
SIROTA, Leonid, "Not too broad", https://doubleaspectblog.wordpress.com, 19 November 2015; available at https://doubleaspectblog.wordpress.com/2015/11/19/not-too-broad/ (accessed 1 December 2015); deals with R. v. Moriarity, 2015 SCC 55;
Image source: http://womensdebateinstitute.org/board/_dsc0003-2, accessed 30 July 2016
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;
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 National 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);
SMITH, Graeme and Campbell Clark, "Top soldier 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);
LCol Henry Smith in 1894
SMITH, Henry, 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 MilitiaBorn: 01/08/1837 Montreal, QuebecMarried:1866 Charlotte Honey of Cobourg, OntarioChildren: 3 DaughtersDied: 14/03/1923 Ottawa, Ontario
Medals1866 General Service Medal Fenian Raid 1866 Clasp1885 Northwest Medal Saskatchewan Bar (MID)
Civilian1865 Attorney Ontario1898 Editor Canadian Military Gazette1907 Lecturer Military Law, History, Admin McGill University
Military1856 Private 1st Volunteer Militia Rifle of Cobourg02/1862 Ensign 1st Volunteer Militia Rifle of Cobourg01/1863 Lieutenant 1st Volunteer Militia Rifle of Cobourg1864 Cadet Royal Military School Kingston (1st Class)1866 Captain (*) No. 1 Company 40th Northumberland Battalion1870 Captain OC No. 2 Company 40th Northumberland Bttn01/1872 Brevet Maj or Brigade-Major – 6th Division1876 Brevet Major End Brigade - Major– 6th Division to 40th1882 Major 40th Northumberland Battalion09/1883 Major Adjutant 40th Battalion (PF)
1883 Major OC-‘C’ Company 40th Battalion1885 Major 40th Battalion to the Northwest Force1885 Major Assistant Adjutant General NW Field Force1885 Lieutenant-Colonel Command 40th Northumberland Battalion07/1887 Lieutenant-Colonel Commandant Royal School of Infantry London1887 Lieutenant-Colonel DOC- Military District #104/1888 Lieutenant-Colonel DOC and Deputy Adjutant General MD #11892 Lieutenant-Colonel Canadian Regiment of Infantry1893 Lieutenant-Colonel Renamed Royal Regiment of Canadian Infantry1896 Lieutenant-Colonel DOC - Military District #11898 Lieutenant-Colonel Begins 5 year Hiatus in Military Career10/1903 Lieutenant-Colonel Military Secretary to Staff Militia HQ AG Office05/1905 Lieutenant-Colonel Chairman Pension Claims Board
1908 Colonel Adjutant-General’s Office10/1911 Colonel Judge Advocate General (JAG) age 7412/1914 Brigadier-General Judge Advocate General (JAG) age 7706/1916 Major-General Judge Advocate General (JAG) age 7901/1918 Major-General Retires as JAG age 8008/1919 Major-General Retires– last year an Advisor at HQ(*) Served during the Fenian Raids; his father, Lieutenant-Colonel William
Smith, Commanded the 40th Northumberland Battalio
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);
Image source: http://ottawacitizen.com/author/mariedaniellesmith, accessed 10 May 2017
Image source: backcover of (2006) 1 JAG Les actualités -- Newsletter
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;
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.
SMITH, Robert, Lieutenant-Commander, "Strengthening the Relationship : NORAD Expansion and Canada Command", Journal
___________"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
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....
(photo: courtesy Robert Smol; reproduced from http://www.cbc.ca/news/canada/a-teacher-speaks-out-on-students-bullying-teachers-1.738684, accessed 23 September 2015)
SMOL, Robert, "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;
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/
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);
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
=&vl(freeText0)=military%20justice%20canada, accessed 13 May 2017
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);
SOLOMON, Allan O. (Al), retired Captain (Navy) JAG Officer and subsequently Chairman of the Canada Pension Commission from 1971-1981;
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
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", 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
(accessed on 30
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);
___________"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);
accessed 30 November 2014
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
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
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
SPEARIN, Christopher, "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
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 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)
accessed 31 November 2014
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);
image source: equalvoice.ca/news_template/index_english_newsletter.cfm?id=5, accessed 1 July 2017
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 reserved and 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: (2006) 1 JAG Les actualités -- Newsletter 5
Image source: (2006) 1 JAG Les actualités -- Newsletter 9
------ 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
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
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;
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  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
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;
Image source: http://alchetron.com/Denis-Stairs-(political-scientist)-437891-W, accessed 30 July 2016
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);
___________"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);
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
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
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, 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);
STARKMAN, Bernard, "The Citizen as a Soldier", (1965) 43 Canadian
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.;
STARR , Ryan, "Fitness tests and pistol practice aren’t typical requirements for in-house counsel. But for JAG lawyer Dorothy Liang, it’s all part of her basic training", Precedent Magazine, 30 November, 2009; available at http://lawandstyle.ca/career/best_practices_new_recruit/ (accessed on 13 January 2015);
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);
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.
source K. Stefanik: https://www.law.uwo.ca/news/2014/ph
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
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;
source: http://www.youmustbejokingright.com, accessed 5 Januray 2015
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,
, 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,
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);
--------------"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);
ST-FLEUR, Yvensonne, 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
le 6 mars 2012);
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]
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,
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
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., "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]
STOKES, Robert, "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);
STOKES Robert, "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);
source: http://www.nbpolicecommission.ca/site/en/about-us, accessed
16 August 2015
STONEY, Robert M., former JAG officer, biographical notes at http://www.nbpolicecommission.ca/site/images/Biographies/Stoney%20%20English.pdf
(accessed 16 August 2015);
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);
------------------------------ 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);
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);
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);
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, , 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
on 27 August 2013);
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, . http://realserver.law.duke.edu/fall11/intstu/10252011.mp4;
Image source: https://www.youtube.com/watch?v=1Hg92h9mIEI, accessed 29 September 2015 (still video)
"Lieutenant-Colonel Steve Strickey-BPE, BA, LLB, LLM.
Directeur juridique/Justice militaire–Stratégique / Director of Law/Military Justice–StrategicLCol 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]
__________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
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, , 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
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);
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);
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);
___________"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;
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
firstname.lastname@example.org 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
put on line on 27 September 2012;
- Table of Contents;
- complete essay (65 p.);
___________"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);
___________"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);
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.
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
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);
Master of Laws (LLM)
Activities and Societies: Completed.
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: www.dvidshub.net/video/356318/judicial-proceedings-panel-part-1, accessed 23 April 2017
Image source: http://ipolitics.ca/author/ssullivan/, accessed 23 April 2017
accessed 30 November 2014
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);
___________L'organisation militaire du Canada, 1636-1648, 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 Mémoires de la Société royale du Canada, 1905, 88 p.;
SUTTON, Rebecca, "Interview with alumnus Colonel Michael Gibson, Canada's Deputy Judge Advocate General for Military Justice", (March 2013) 6(2) Rights Review at pp. 3 and 21; available at http://ihrp.law.utoronto.ca/sites/ihrp.law.utoronto.ca/files/PUBLICATIONS/RR_Spring%202013%20Final.PDF (accessed 19 January 2016);
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.,  p. of plates : ill.,
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(accessed on 31 May 2012);
SWAINSON, Arthur K., "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);
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SWAYZE, Gavi, "The people", in The Juris Diction, available at https://gaviswayze.wordpress.com/the-people/; on the author see https://gaviswayze.wordpress.com/about/ (both sites accessed 4 January 2016);
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accessed 19 June 2015
SWEENEY, Mark, The Canadian War Crimes Liaison Detachment - Far East and the Prosecution of Japanese "Minor" War Crimes, Degree: PhD, 2013, 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)
___________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);
Geneviève Bernatchez, image source:
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
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 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,” said Capt(N) Bernatchez.
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.
___________"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 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 situation», a affirmé le Capv Bernatchez.
Originaire 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:
-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);
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Canadian Journal of Women
and the Law 477-511;
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"ABSTRACTThe 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)
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TACHÉ, Étienne Paschal, 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; 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);
TALLINN MANUAL, 2013, available at http://archive.org/stream/TallinnManual/TallinnManual_djvu.txt (accessed on 31 October 2013);
TALLYN, Lisa, "Sojourn in Afghanistan Local Soldier thrilled by PM's secret visit", The Independent, Wednesday, March 15, 2006, at pp. 1 and 3; available at http://news.haltonhills.halinet.on.ca/108684/page/2?n= (accessed on 13 September 2017); article about Lieutenant-Colonel Randy Smith; I was lead to this article by its reference at http://www.helsons.ca/images/firmhistory.pdf (search "Smith");
Image source: https://www.google.com/search?as_st=y&tbm=isch&as_q=TAMBURRO%2C+Major+Anthony+Michael&as_
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)
of image: https://openlibrary.org
TASCHEREAU, J. E. M. (Joseph Ernest de Montarville), 1846-1893, 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);
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);
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);
accessed on 6 November 2014
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.;
Image source: rcaf-arc.forces.gc.ca/en/on-windswept-heights-2/45-history-1950-1953.page, accessed 30 March 2017
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.”
R.K. Taylor, image source: http://www.rktaylor.ca/index.php?pageid=3,
accessed on 21 January 2015
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;
__________"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
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]
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
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;
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);
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);
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, source: http://www.tagtele.com/videos/voir/91692/
et Google Image, 21 janvier 2015
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
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
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.
TESTARD DE MONTIGNY, B.A., Histoire
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);
Image source: www.trentonian.ca/2010/02/18/safeguarding-war-stories-through-a-nation-wide-project, accessed 10 October 2016
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;
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.;
Thomas with BGen Jerry Pitzul, image source (January-March 2000) 1
JAG Newsletter -- Bulletin d'actualités at p. 5
THOMAS, C. Edmund, "International Criminal Bar Conference", (2003) 1 JAG Newsletter -- Les actualités 80-82;
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....";
___________"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
(accessed on 5
May 2012); also published in (February 2012) 88 Criminal Reports (6th)
___________"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);
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!
Image source: carleton.ca/sjc/profile/thompson-allan/, accessed 8 July 2016
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/437628917.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 reserved and 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=
=true&vl(freeText0)=Canadian%20armed%20forces%20%22Judge%20advocate%20general%22%20Canada&dstmp=1502695664262, accessed 14 August 2017]
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&
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, 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);
THOMSON, Aly, "Sailor's court martial on sex charge delayed after defence lawyer withdraws", The Canadian Press--The Chronicle Herald--News, 26 September 2017, available at http://thechronicleherald.ca/metro/1506496-sailors-court-martial-on-sex-charge-delayed-after-defence-lawyer-withdraws (accessed 30 September 2017);
Master seaman Daniel Cooper, a naval communicator at Canadian Forces Base Halifax, briefly appeared before military judge Col. Mario
Dutil on Tuesday in Halifax.
After a delay of several hours as lawyers met behind closed doors, Cooper's lawyer, Maj. Alexandre Gelinas-Proulx, told Dutil he was
applying to withdraw due to "irreconcilable differences."
Dutil agreed to the request, and told Cooper to retain another lawyer as quickly as possible.
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, "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).
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;
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)
THOMSON, 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);
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.
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)
Image source: http://www.lonepinepublishing.com/cat/9781897278116/author, accessed 5 October 2016
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 courts-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.
Source of image: (2004) 1 Les actualités JAG Newsletter at p. 39
THORNE, Stephen, "Canadian troops depart for Afghanistan", The Globe and Mail, published 19 July 2003; updated 22 April 2009, available at http://www.theglobeandmail.com/news/national/canadian-troops-depart-for-afghanistan/article25686424/ (accessed 13 October 2016);
There were hugs, kisses and plenty of tears as 150 troops said their goodbyes Saturday before departing on a six-month mission into the great unknown of Afghanistan.
Defence Minister John McCallum reiterated the point Saturday, acknowledging that Canadians will be in harm's way but reminding them that they are there for Canada's security as well as Afghanistan's.
...Major Louis MacKay of Halifax, a legal advisor to the brigade commander, said the troops are well-equipped with what everybody is calling "robust" rules of engagement.
It is Maj. MacKay's job to interpret those rules for the Canadian contingent. He said the interpretations of "lethal force" vary among the nations involved but the Canadians, he said, "are equipped for everything."
"As in any mission, the rules of engagement cannot negate the inherent right of self-defence."
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
on 8 January 2012);
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 a 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.
Manager, Investigations Department Law Society of Upper Canada
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)
Image source: http://www.honorguard.af.mil/About-Us/Biographies/Display/Article/409080/lieutentant-colonel-timothy-w-thurston-ii/, accessed 5 October 2016
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);
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;
Image source: www.cbc.ca/player/play/1826241220, accessed 24 August 2016
___________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
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.
accessed 28 June 2015
___________"The Military Police Complaints Commission", in Ian D. Scott, ed., Issues in civilian oversight of policing in Canada, Toronto, ON : Canada Law Book, , xxxiv, 357 pages ; 23 cm, ISBN: 9780888047205 (pbk), 0888047207 (pbk);
___________"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);
___________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
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;
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);
____________"Help, Please - Seditious Act Goes Unpunished", Toronto Star, 18 December 1995; available at https://groups.google.com/forum/#!topic/nf.general/Vgs04yhwH88 (accessed 5 October 2016);
The Bloc Quebecois, it appears, has got away with it.
Readers will recall that on the eve of the Oct. 30 referendum, the
Bloc sent out a "communiqué" to all Canadian Forces bases in Quebec
urging soldiers to "transfer their loyalty to the new country" if the
Yes side won. They were assured that they could keep their rank,
seniority and pension benefits.
The words were attributed to Bloc MP Jean-Marie Jacob but were printed
on the letterhead of Bloc Leader Lucien Bouchard.
On the surface, the communiqué appeared to be a breach of the Criminal
Code sections on sedition, which makes it an offence to willfully
"interfere with, impair or influence the loyalty or discipline of a
member" for the Canadian Forces.
Defense Minister David Collenette called it "shocking" and asked for a
report from the military's judge advocate-general.
That's the last official word from the government on the matter. Don't
expect any more.
Sources in Ottawa say the government, fearful of turning Bouchard and
Jacob into martyrs, quietly has decided to drop the matter. There will
be no criminal charges laid.
Nor will the government pursue the matter in the House of Commons byA private citizen - Montreal lawyer Brent Tyler - is pursuing the case
demanding disciplinary action against Bouchard and Jacob if no apology
is forthcoming. (To date, neither has apologized for the communiqué,
although both have attempted to downplay its significance by citing
on his own and attempting to lay charges against Bouchard and Jacob.
But he keeps running into roadblocks. [more to read in the article]
source: http://www.mqup.ca, accessed 9 January 2015
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-
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 Dela, "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);
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)
TREASURY BOARD OF CANADA SECRETARIAT, 2008 Public Service
Employee Survey, Department of
National Defence, Judge
Advocate General Ottawa and all Assistant and Deputy JAGs
Canadian Forces Legal Advisor to the Minister of National
Defence and the Canadian Forces, available at http://www.tbs-sct.gc.ca/pses-saff/2008/results-resultats/res-eng.aspx?cd=&o1=03&o2=002&o3=000&o4=000&o5=000
(accessed on 21 January 2015); see also https://www.tbs-sct.gc.ca/pses-saff/2008/index-eng.asp (accessed 9 June 2016);
TREMBLAY, Isabelle Marjorie et
al., "Portrait d'avocat -- Major Jean Caron", dans
Le droit de savoir,
video, 5 minutes, 22 secondes; disponible à http://www.ledroitdesavoir.ca/voir_segment01.asp?id=2&segment=2
le 18 mars 2012);
TREMBLAY, Michel, 1955-, The
legal status of military aircraft in international law,
LL.M. thesis, McGill University, 2003, iii, 116 leaves; available
(accessed on 18 March 2012);
Since the beginning of the history of aviation, the use of aircraft for military purposes
revealed an efficient and dangerous weapon in the arsenal of a State. First it was used
as observatory post, and then the aircraft took a more active role in combat until it
became a destructive and deadly weapon. The definition of military aircraft in
international law is not clear as States only wish to regulate international civil
air navigation and not state aircraft. On the other hand, the
defines the status of every aircraft with their respective duties and rights in the
conduct of hostilities. The interception of civil aircraft by military aircraft shall
be done in accordance with the international standards adopted by the International
Civil Aviation Organization in virtue of the Chicago Convention and it's limited to
determine the identity of the aircraft. The use of deadly force against civilian
aircraft in flight is equivalent of pronouncing the death sentence of its occupants
without the hearing of a trial. Respecting the international standards of interception
of civil aircraft is a necessity. [Source: AMICUS catalogue, Library and Archives Canada]
___________Major Michel Tremblay receiving his diploma of achievement for the OPDP program from BGen Pierre Boutet, JAG, on 2 February 1998; image source: JAG Newsletter/Bulletin d'actualités du JAG, volume 1, Part 1, Jan-Feb 98 (posted 21 December 2016);
TREMBLAY, Tammy, Le droit international humanitaire confronté aux
réalités contemporaines: les insurrections criminelles
peuvent-elles être qualifiées de conflits armés?, Master
of Advanced Studies in International Humanitarian Law, Académie de
droit international humanitaire et de droits humains à Genève,
Université de Genève, 2011, 89 p., superviseur: Prof. Yves
Sandoz; made public by an access to information request,
Department National Defence, Request A2011 01164, February 2012;
put on line on 28 September 2012;
- Table des matières;
- écrit complet (89 p.);
___________"Justice Reform in Kandahar Province / Réforme de la justice dans la province de Kandahar", (2007) 1 JAG Les actualités -- Newsletter 22-24; article in French & English/article en français et en anglais;
___________"Legal Advisor, Kandahar Provincial Reconstruction Team, TFA ROTO 2 / Conseiller juridique, Équipe provinciale de reconstruction à Kandahar, Force opérationnelle en Afghanistan ROTO 2", (2007) 1 JAG Les actualités -- Newsletter 21; article in French & English/article en français et en anglais;
___________Notes bibliographiques sur le Lieutenant-Colonel Tammy
Tremblay, disponible à http://www.iihl.org/Media/Default/Courses%20and%20Workshops/27%C3%A8me%20Cours%20Avanc%C3%A9/LCol%20Tremblay-Bio%20%28FR%20July%202014%29.pdf
(vérifié le 3 février 2015);
Image source: blogs.icrc.org/law-and-policy/2016/04/13/conference-cycle-principles-guiding-humanitarian-action/, accessed 30 June 2016
LCol Tammy Tremblay
__________ "Seven Tales, Seven Principles: Celebrating the 50th anniversary of the Red Cross Red Crescent Fundamental Principles", 7 October 2015, one of the speakers;
Hosted by the Embassy of Italy in Vienna, this celebration was part of broader two-day reflection
organized by the Austrian Red Cross, the International Federation and the ICRC, bringing together
components of the Movement, as well as states, humanitarian organizations and other interested
stakeholders. The event features short personal testimonies and powerful reflections on the meaning
and impact of the seven Fundamental Principles.
The seven speakers were: Abdullahi Ahmed, Cultural Mediator at the Italian Red Cross; Elena Ajmone Sessera,
ICRC Operations Coordinator for the Americas; Greg Arnold, Singer-songwriter, Producer and Lecturer;
Ambassador Peter Launsky-Tieffenthal, Austrian Ministry for Foreign Affairs and Integration; Prof. Fausto Pocar,
President of the International Institute of Humanitarian Law; Claire Schocher-Döring, Head the Restoring Family
Links Section at the Austrian Red Cross; LCol Tammy Tremblay, Legal Advisor, Canadian Armed Forces.
[Source: blogs.icrc.org/law-and-policy/2016/04/13/conference-cycle-principles-guiding-humanitarian-action/, accessed 30 June 2016]
Image source for book reprint: http://www.forgottenbooks.com/books/Les_Milices_Francaises_et_Anglaises_Au_Canada_1627-1900_1200076032
(accessed 23 January 2015);
TRICOCHE, George Nestler, 1859-, Les milices françaises et anglaises au Canada, 1627-1900, Paris: Charles-Lauzelle, 1902, 317 p.; disponible à http://www.archive.org/details/lesmilicesfran00tricuoft (site visité le 29 février 2012); aussi publié à: Les Milices Françaises et Anglaises Au Canada, 1627-1900. 1900. Reprint. London: Forgotten Books, 2013. Print (http://www.forgottenbooks.com/books/Les_Milices_Francaises_et_Anglaises_Au_Canada_1627-1900_1200076032 (site visité 23 janvier 2015);
source: (2007) 1 JAG Les actualités -- Newsletter 25
TROISFONTAINES, Albert (Bert), "Operation Athena Roto 2, Kandahar Province", (2007) 1 JAG Les actualités -- Newsletter 25;
----- Image source: flickr.com/photos/redcrossmb/10090066864/in/photostream/, accessed 25 February 2017
Operational Law Handbook 2011 "A. “Bert” Troisfontaines speaks at the Perspectives on International Humanitarian Law seminar, Winnipeg, Sept. 12, 2013"
___________ as a listed contributing author, for the following publication; Condron, Sean and contributing authors, Operational Law Handbook 2011, Virginia: International and Operational Law Department The Judge Advocate General’s Legal Center and School Charlottesville, 2011, iv, 566 p., available at https://www.loc.gov/rr/frd/Military_Law/pdf/operational-law-handbook_2011.pdf (accessed 25 February 2017);
Archives Le Soleil, voir http://www.lapresse.ca/le-soleil/actualites/societe/201101/12/01-4359574-marcel-trudel-1917-2011-le-maitre-historien.php,
visité le 22 décembre 2014
TRUDEL, Marcel, 1917-2011, Le Régime militaire et la disparition de la Nouvelle-France, Montréal: Fides, 1999, 612 p., (Collection; Histoire de la Nouvelle-France, volume X), ISBN: 9782762120622;
Image source: news.dartmouth.edu/news/2012/09/new-postdoctoral-program-welcomes-scholars-dartmouth, accessed 11 August 2016
Matthew Paul Trudgen (photo by Eli Burak ’00)
TRUDGEN, Matthew Paul, The Search for Continental Security: The Development of the North American Air Defence System, 1949 to 1956, A thesis submitted to the Department of History in conformity with the requirements for the degree of Doctor of Philosophy Queen’s University Kingston, Ontario, Canada, September 12, 2011, vi, 425 leaves; available at http://qspace.library.queensu.ca/bitstream/1974/6719/1/Trudgen_Matthew_P_201109_PhD.pdf (accessed 11 August 2016);
source: https://www.google.com (image search)
TUCKER, Gilbert Norman, 1898-1955, The Naval Service of Canada: Its Official History, Vol. I, Origins and Early Years, Ottawa: King's Printer, 1952, xii, 436 p.; see Chapters 6 "The Naval Service Act" and Chapter 7 "Implementing the Naval Service Act" at pp. 121-169;
TURCOTTE, Kerry, Independent Torture or Ordinary Crime?
A rethinking of Torture Scholarship in Light of Somalia,
1993, thesis, Master of Arts, McMaster University, 2001, ix,
104 leaves, supervisor: Dr. N. McLaughlin; available at https://macsphere.mcmaster.ca/bitstream/11375/11027/1/fulltext.pdf
(accessed 29 April 2015);
Torture, no matter how it is conceived is not an uncommon phenomenon (see, for example, Amnesty International, 1998, 1999). Extant conceptions of perpetrators of torture are rooted in a bipolar framework that can trace its origins to attempts to understand the Nazi Holocaust of World War II. This literature has serious limitations in cases where individuals torture in the absence of a bureaucratic machine that orchestrates large-scale, sustained attacks against an 'enemy' group. There is a segment of the perpetrator population absent from the literature. The theoretical constructs to deal with their actions do not exist. The concept of Independent torturers is developed in this thesis, in order to assist in this goal. Independent Torturers (ITs) represent a partial hybridisation of the characteristics commonly attributed to the polar categories of leaders and followers, the constituent elements of the bureaucratic torture engine. In addition, a process of internalisation and localisation of positional authority, and the development of impunity beliefs are presented as theorised precursors to IT emergence. Using legal definitions of torture, the idea that many of the episodes of criminal assault we witness in our everyday surroundings actually constitute episodes of independent torture is presented. The specific case of the torture-murder of Shidane Arone by soldiers of the 2 Commando of the Canadian Airborne Regiment (CAR) is explored as an example of the uses to which these novel theoretical concepts can be put. A combination of social-psychological and organisational factors are necessary to theorise independent torture. This thesis marks the preliminary phase of a multidimensional theoretical and empirical approach to the study of independent torture. (source: https://macsphere.mcmaster.ca/handle/11375/11027, accessed 29 April 2015);
Image source: afjag.af.mil/shared/media/document/AFD-111018-032.pdf, accessed 4 July 2016
Lisa L. Turner
TURNER, Lisa, "Developing Client-Ready Practitioners: Learning How to Practice National Security Law at Military Law Schools", (2014) 7 Journal of National Security Law & Policy 1-80; available at http://jnslp.com/wp-content/uploads/2014/02/Developing-Client-Ready-Practitioners.pdf (accessed 4 July 2016); American but makes reference to Canada;
TURNER, Mary, "Non-public property -- unraveling the mystery" (July/Juillet 2007) Sword & Scale -- Salut militaire; available at http://www.cba.org/CBA/newsletters/mil-2007/news.aspx#top (accessed on 25 April 2012); with the same title at https://www.cfmws.com/en/aboutus/cfpfss/corporate%20strategy/npp_education/pages/demystifying-npp.aspx (accessed on 20 April 2014); note: Mary Turner, Canadian Forces Legal Advisor;
TURNER, Mary, "Éclaircir le mystère entourant les biens non-publics" (July/Juillet 2007) Sword & Scale -- Salut militaire; disponible à http://www.cba.org/abc/nouvelles/mil-2007/nouvelles.aspx#article2 (site visité le 25 avril 2012);
Michael Tutton, image source: LCdr Brent Walden, defence counsel
cbc.ca/news/canada/nova-scotia/ image source: https://ca.linkedin.
-martial-1.4229277 (accessed 1 August 2017)
TUTTON, Michael, "Court martial hears ex-reservist called co-worker's hair 'nappy,' hit superior. Retired corporal Garett Rollman charged in incidents alleged to have occurred in February 2016", CBC News Nova Scotia, 31 July 2017; available at http://www.cbc.ca/news/canada/nova-scotia/retired-corporal-garett-rollman-court-martial-1.4229277 (accessed 1 August 2017). Note: the prosecutor is Capt Greg Moorehead and defence counsel is LCdr Brent Walden
Sara Collins, defence counsel
____________"Navy sailor who deserted ship gets reprimand, $5,000 fine", Global News, 7 May 2014; available at http://globalnews.ca/news/1316230/navy-sailor-who-deserted-ship-gets-reprimand-5000-fine/ (accessed 13 August 2016); court martial of Lt(N) Derek de Jong;
Source de l'image: www.tvanouvelles.ca/2015/02/17/la-bosnie-pourrait-elle-expliquer-le-comportement-dun-ex-militaire
TVA Nouvelles, "La Bosnie pourrait-elle expliquer le comportement d'un ex-militaire?", TVA Nouvelles,| Publié le - Mis à jour
Le procès en cour martiale de Hugo Paradis, accusé de mauvais entreposage d'armes à feu, s'est poursuivi mardi à la base militaire de Bagotville.
L’accusé a témoigné, tout comme son psychiatre. Hugo Paradis a expliqué qu’il aime les armes, qu’il les collectionne, qu’il aime la chasse et aussi
participer à des compétitions de tir sportif. [extrait]
TVA Nouvelles, "Justice militaire-- Des changements exigés", TVA Nouvelles National, site web publié le 12 février 2015 avec video clip sur la nouvelle édition du livre de Gilles Létourneau et Michel Drapeau, Military Justice in Action: Annotated National Defence , Military Justice in Action: Annotated National Defence Legislation, Second Edition; disponible à http://tvanouvelles.ca/lcn/infos/national/archives/2015/02/20150212-130051.html (vérifié le 14 mars 2015);
TVA Nouvelles, "Stéphanie Raymond devant une commission d'enquête", TVA Nouvelles, Publié le 29 mai 2015, avec video clip, disponible à http://www.tvanouvelles.ca/2015/05/29/stephanie-raymond-devant-une-commission-denquete (vérifié le 5 juin 2016); comprend un interview avec l'avocat de Stéphanie Raymond, Michel Drapeau;
UNITED COMMISSION ON HUMAN RIGHTS, Draft Principles Governing the Administration of Justice Through Military Tribunals, U.N. Doc. E/CN.4/2006/58 at 4 (2006) [report of Professor Emmanuel Decaux], available at http://www1.umn.edu/humanrts/instree/DecauxPrinciples.html (accessed on 9 June 2014);
UNITED NATIONS CONDUCT AND DISCIPLINE UNIT, web site, available at https://cdu.unlb.org/ (accessed 23 December 2016);
CDU [Conduct and Discipline Unit] provides overall direction for conduct and discipline issues in peacekeeping operations and special
political missions, including incidents of sexual exploitation and abuse.
UNITED NATIONS, Secretary-General, Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts, circa 2006, see Canada at pp. 6-7; available at Click here (accessed on 31 May 2012);
.........Image source for
the Hon. Gabriela Knaul: http://globalmjreform.blogspot.ca/2014/02/statement-by-gabriela-knaul-special.html
UNITED NATIONS, Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul, Report of the Special Rapporteur on the independence of judges and lawyers, transmitted to the General Assembly by the Secretary-General on 7 August 2013 in accordance with resolution 17/2 of the Human Rights Council, United Nations document A/68/285, 23 p., original in the English language; available at http://www.law.yale.edu/documents/pdf/conference/UN_A68-285.pdf (accessed on 12 May 2014);
The present report focuses on the administration of justice through military tribunals. In many countries, the use of military tribunals
raises serious concerns in terms of access to justice, impunity for past human rights abuses perpetrated by military regimes, the independence
and impartiality of the judiciary and respect for fair trial guarantees for the defendant.
The report focuses on four issues of concern, namely: (a) the independence and impartiality of military tribunals; (b) the personal
jurisdiction of military tribunals, including the question of investigation and prosecution of civilians; (c) the subject-matter
jurisdiction of military tribunals, including the question of investigation and prosecution of serious human rights violations
allegedly perpetrated by military personnel; and (d) fair trial guarantees in proceedings beforemilitary tribunals.
The Special Rapporteur on the independence of judges and lawyers addresses these concerns and proposes a number
of solutions that are premised on the view that the jurisdiction of military tribunals should be restricted to offences of
a military nature committed by military personnel. States that establish military justice systems should aim to guarantee
the independence and impartiality of military tribunals, as well as the exercise and enjoyment of a number of human rights,
including the right to a fair trial and the right to an effective remedy. The present report is based on an analysis of
international and regional human rights instruments, the jurisprudence of international and regional human rights
mechanisms and responses received to a questionnaire on military justice.
UNITED NATIONS, United Nations Headquarters Handbook, November 2014, iv, 88 p.; available at http://dag.un.org/bitstream/handle/11176/89596/United%20Nations%20Force%20Headquarters%20Handbook.pdf?sequence=1&isAllowed=y (accessed 9 August 2016);
UNITED NATIONS ASSOCIATIONS IN CANADA, Peacekeeping to
Peacebuilding : lessons from the Past -- Building for the
Future. The Report on the UNA-Canada 50th Anniversary of
UN Peacekeeping International Panel Series 2006-2007,
Ottawa: United Nations Association in Canada, March 2007, 190 p.,
available at http://unac.org/wp-content/uploads/2013/07/UN-Report.pdf
(accessed on 3 November 2014);
------ Image source: legal.un.org/avl/ls/Decaux_HR.html
UNITED NATIONS ECONOMIC AND SOCIAL COUNCIL, Commission on Human Rights, International Standard Principles Governing the Administration of Justice Through Military Tribunals, Report submitted by the Special Rapporteur of the Sub-Commission
on the Promotion and Protection of Human Rights, Emmanuel Decaux, Geneva: Geneva Centre for the Democratic Control of Armed Forces (DCAF), 2010, 25 p., ISBN: 978-92-9222-104-1; available at http://www.dcaf.ch/Publications/International-Standard-Principles-Governing-the-Administration-of-Justice-Through-Military-Tribunals (accessed 7 April 2017); publié en français également;
TABLE OF CONTENTS
Introduction to the Toolkit 6
Introduction to the Principles Governing the Administration of Justice
Through Military Tribunals 9
Principles Governing the Administration of Justice Through Military Tribunals 12
Principle No. 1: Establishment of military tribunals by the constitution or the law 12
Principle No. 2: Respect for the standards of international law 12
Principle No. 3: Application of martial law 13
Principle No. 4: Application of humanitarian law 13
Principle No. 5: Jurisdiction of military courts to try civilians 14
Principle No. 6: Conscientious objection to military service 14
Principle No. 7: Jurisdiction of military tribunals to try minors under the age of 18 15
Principle No. 8: Functional authority of military courts 16
Principle No. 9: Trial of persons accused of serious human rights violations 16
Principle No. 10: Limitations on military secrecy 17
Principle No. 11: Military prison regime 18
Principle No. 12: Guarantee of habeas corpus 18
Principle No. 13: Right to a competent, independent and impartial tribunal 19
Principle No. 14: Public nature of hearings 20
Principle No. 15: Guarantee of the rights of the defence and the right to a just and fair trial 20
Principle No. 16: Access of victims to proceedings 21
Principle No. 17: Recourse procedures in the ordinary courts 22
Principle No. 18: Due obedience and responsibility of the superior 22
Principle No. 19: Non-imposition of the death penalty 23
Principle No. 20: Review of codes of military justice 24
UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION, "National Implementation of the Penal Provisions of Chapter 4 of the Second Protocol of 26 March 1999 to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict", report prepared by Dr Roger O'Keefe, 29 March 2002, CLT/CIH/MCO/2002/PI/H/1, and see "Canada" at pp. 23-29; available at http://unesdoc.unesco.org/images/0015/001586/158681e.pdf (accessed on 17 June 2012);UNITED STATES OF AMERICA, Response System to Adult Sexual Assault Crimes Panel, we site, at http://responsesystemspanel.whs.mil/ (accessed on 1 May 2014);
UNITED NATIONS PEACEKEEPING, "Legal frameworks for deployed contingents", available at https://www.un.org/en/peacekeeping/issues/legalframeworks.shtml, accessed 23 December 2016;
To improve transparency and accountability in the handling of cases of misconduct the Department of Peacekeeping Operations has requested
that each Troop Contributing Country (TCC) provide the legal framework applicable to its contingent when deployed to a UN Mission.
While the information contained in the Member State fact sheet is periodically updated, the United Nations does not guarantee that the information provided is correct, complete or up to date. The fact sheet reproduces content received from the Member States and, therefore, the United Nations is not responsible for the content nor can it guarantee its accuracy.
You can browse the legal frameworks we have received so far below:
Find out which missions these personnel are deployed to.
Australia Austria Bangladesh Belgium Canada Czech Republic
[Go to the site for all countries etc]
UNIVERSITY OF ALBERTA, Faculty of Law, "Accountability for Sexual Exploitation and Abuse by UN Peacekeepers. Professor Joanna Harrington participates in conference panel in Ottawa
organized by the Office of the Judge Advocate General of the Canadian
Armed Forces",available at ualberta.ca/law/news/main-news/2016/november/accountability-for-sexual-abuse (accessed 15 August 2017);
The commission of sexual offences by UN peacekeepers, whether military, police or civilian, sadly remains a recurrent matter of concern, despite the
UN’s long embrace of a “zero tolerance” policy. As part of last week’s annual conference of the Canadian Council on International Law, the
Office of the Judge Advocate General of the Canadian Armed Forces organized a panel discussion on sexual exploitation and abuse by UN
peacekeepers, extending an invitation to the Faculty of Law’s Professor Joanna Harrington to contribute a non-governmental perspective to the panel.
Chaired by Colonel Rob Holman, Deputy Judge Advocate General Military Justice, the conference panel also included Major Patricia Beh, Legal Officer
in the JAG’s Directorate of Law/Military Justice Strategic division, and Anne Burgess, Director of the Peace Operations Stabilization and Conflict Policy
division at Global Affairs Canada. The panel considered various mechanisms for securing accountability and more robust victim assistance, as well as the
legal challenges posed by issues of jurisdiction, extraterritoriality, and immunity.
UNIVERSITY OF ALBERTA, Faculty of Law, "Teaching IHL Workshop
Comes to Canada", 28 May 2012: available at http://lawschool.ualberta.ca/en/news/main/2012/May/TeachingIHLWorkshopComestoCanada.aspx
(accessed on 3 June 2012);
Last week, the Faculty of Law at the University of Alberta became the first Canadian law school to host a “Teaching IHL Workshop” in partnership with the Canadian Red Cross and the International Committee of the Red Cross, and with the participation of officers from the Canadian Forces Military Law Centre and the office of the Judge Advocate General-Western Region at Steele Barracks. The workshop provided participants with the opportunity to discuss how we teach law students and others about the laws that apply during times of armed conflict.
Organized by Professor Joanna Harrington of the University of Alberta’s Faculty of Law, Professor Christopher Penny of the Norman Paterson School of International Affairs (NPSIA) at Carleton University, and Professor Christopher Waters of the University of Windsor’s Faculty of Law, with Ilario Maiolo, Senior Legal Advisor with the Canadian Red Cross, and Anne Quintin, Public Affairs Officer with theInternational Committee of the Red Cross Regional Delegation for Canada and the United States, the two-day workshop on international humanitarian law (IHL) and the (LOAC) attracted 35 participants, including law professors and legal scholars, prosecutors and military lawyers, humanitarian law practitioners and lawyers working with NGOs, and law students and graduate students in international relations.
Image source: http://www.exeter.ac.uk/news/featurednews/title_525275_en.html, accessed 4 November 2016
UNIVERSITY OF EXETER, "Experts from around the world gather to discuss challenges of warfare", Note: Military Law Conference held in June 2016, University of Exeter available at http://www.exeter.ac.uk/news/featurednews/title_525275_en.html (accessed 4 November 2016);
Representatives from the armed forces of several nations, NATO and the International Committee of the Red Cross joined academics
at the University of Exeter to debate some of the most pressing legal challenges facing military operations.
Participants discussed a wide spectrum of legal questions arising during military deployments, such as the impact of human rights litigation,
the emergence of hybrid threats and the legal framework of information operations.
UNIVERSITY OF NEW BRUNSWICK, International Law Society, "2012
Annual International Humanitarian Law Conference, February 3rd,
2012..."; available at http://unbgsa.ca/InTheKnowlan/wp-content/uploads/2012/01/IHL-conference_INFO_2012.pdf
on 22 May 2012);
UNIVERSITY OF OTTAWA, Faculty of Law, Common Law Section, Foreign Policy Practicum 2010, "Canada's Detainee Transfers in Afghanistan: An Overview of Potential Legal Implications for Canadian Officials -- Brief Submitted to the House of Commons Special Committee on the Canadian Mission in Afghanistan", April 2010, x, 83 p; available at http://www.scribd.com/doc/29848526/Legal-Report-Detainee-Transfers (accessed on 21 May 2012);
UPADYAYULA, Govind, legal officer with the OJAG, see ca.linkedin.com/in/govind-upadyayula-584330104 (accessed 15 August 2017);
UPCOMING LEGAL BRANCH CENTENNIAL / Le centenaire de la Branche des services juridiques qui s'en vient (courriel de Benoit Pinsonneault, 28 juin 2017);
Centenaire de la Branche des services juridiques :
le compte à rebours est lancé!
Le 28 février 2018, la Branche des services juridiques des Forces armées canadiennes célébrera ses cent années au service du Canada.
Depuis sa constitution, la Branche des services juridiques s’est méritée une réputation enviable due à la grande qualité de son offre de services axés sur les solutions aux Forces canadiennes (FC),
et ce, tant au pays qu’à l’étranger. Au cours de ce fier siècle d’histoire, la Branche a fourni une grande variété de services juridiques à l’appui des opérations et d’autres activités des FC, promouvant
ainsi le respect de la règle de droit dans leur exécution. La Branche des services juridiques a conseillé et appuyé la chaîne de commandement lors d’événements marquants de l’histoire canadienne
et de celle des FC. Elle est également prête à affronter les défis à venir, appuyée d’une équipe exceptionnelle de militaires et d’employés civils.
Pour souligner son centenaire, la Branche des services juridiques sera l’hôte de diverses activités d’ici au 28 février 2018, ainsi qu’au-delà. Plusieurs d’entre elles auront lieu à Ottawa entre le 26
février et le 2 mars 2018, coïncidant avec la tenue du colloque annuel de formation juridique permanente.
Les principales activités du Centenaire seront les suivantes :
· Concours de l’estampe du Centenaire : la Branche invitera ses membres à soumettre des créations artistiques originales célébrant cet anniversaire; des reproductions de l’œuvre
gagnante seront offertes à la vente.
· Événement de lancement : le 28 février 2018, la Branche lancera officiellement les activités célébrant son centenaire. Une cérémonie, au cours de laquelle sera notamment dévoilée
l’œuvre gagnante, sera tenue à cette fin.
· Gala du Centenaire : le Gala se tiendra au Centre Shaw au cours de la soirée du 1er mars 2018. Il permettra aux membres des FAC et à d’anciens membres, ainsi qu’à des invités de
marque, de célébrer avec style le centenaire de la Branche.
· Tribune libre : la Branche des services juridiques tiendra une série de tribunes libres interactives, au cours desquelles des membres – actuels ou anciens – de notre équipe offriront
leurs perspectives concernant la manière dont les défis et les succès passés de la Branche définissent son présent et influencent son avenir.
· Marche de Nimègue : sous réserve d’approbation, la Branche mettra sur pied une équipe de volontaires souhaitant participer à cette marche de quatre jours aux Pays-Bas.
Il s’agirait d’une première opportunité de participation à la Marche de Nimègue pour une équipe représentant la Branche des services juridiques.
· Activités des services régionaux : Des activités, visant notamment l’engagement et la mobilisation des partenaires locaux, seront organisées d’un bout à l’autre du pays sous
le leadership des divers JAGA.
De plus amples renseignements concernant ces activités seront divulgués au fur et à mesure de leur planification.
À l’aube d’une période passionnante d’activités célébrant un jalon important de l’histoire de la Branche des services juridiques, votre support et votre participation sont appréciés. Fiat justitia !
Fiers de notre passé – Engagés dans le présent – Tournés ver l’avenir
The countdown is on to the Legal Branch Centennial!
On 28 February 2018, the Canadian Armed Forces Legal Branch will celebrate 100 years of service to Canada.
Since its establishment, the Legal Branch has earned a sterling reputation by delivering high quality, solution oriented legal services in support of the Canadian Forces (CF) , both at home and
abroad. Throughout its proud 100 year history, the Legal Branch has provided all manner of legal support to CF operations and other activities, promoting their execution in accordance with
the rule of law. The Legal Branch has advised and supported the Chain of Command through many challenging times in the Canada’s, and the CF’s, history and it will continue to meet future
challenges head-on, thanks to its exceptional team of military members and civilian employees.
To mark its centennial, the Legal Branch will be hosting a diverse range of programs and activities leading up to and beyond 28 February 2018, many of which will occur during the annual
continuing legal education (CLE) symposium, running from 26 February to 2 March 2018, in Ottawa.
As planning continues, more details will follow, but the key centennial activities will be:
· Art Contest and Centennial Print: The Legal Branch will invite its members to submit an original design for the commission of a centennial print; reprints of the winning design
will be offered for sale
· Launch Event: On 28 February 2018, the Legal Branch will officially launch the centennial activities during the week of the CLE with a gathering, during which the winning art
piece will be unveiled.
· Centennial Gala: Held at the Shaw Centre on the evening of 1 March 2018, the Gala will allow for current and former CAF members, along with honoured guests, to celebrate
the Branch’s centennial in style.
· Speakers’ Corner presentations: The Legal Branch will hold a series of interactive speaking activities, during which past and present members of the Legal Branch will highlight
past challenges and successes of the Branch, and apply these insights to present and future challenges.
· Nijmegen March: Subject to approval, the Legal Branch will assemble a team of volunteers to undertake the four day march in the Netherlands. This would mark the first time
that a team representing the Legal Branch will undertake the Nijmegen March.
· Regional Services Activities: Activities are set to take place around the country, engaging local stakeholders and guided by the various AJAGs.
Your support of, and participation in, these exciting activities over the coming months is appreciated as we collectively celebrate this Legal Branch’s significant milestone. Fiat justitia!
Honouring our Past – Embracing the Present – Shaping our Future
VADNAIS, Louise, "Deux ateliers du congrès au coeur de
l'actualité: blanchiment d'argent et justice militaire", (1
mai 2002) 34(2) Le Journal du Barreau 15; avis d'un
atelier portant sur l'analyse du système de justice militaire,
Congrès du Barreau, 31 mai, par Me Guy Cournoyer et Me Pierre G.
Boutet et animé par Me Jean Asselin (Labrecque, Robitaille,
Roberge, Asselin); voir http://www.barreau.qc.ca/publications/journal/vol34/no8/blanchiment.html;
vérifier plus tard dans les procès-verbaux du Congrès pour un
Source de l'image: http://www.crdp.umontreal.ca/chercheurs/pierre-antoine-vaillancourt/, vérifié 16 novembre 2015
VAILLANCOURT, Pierre-Antoine, "Hot Pursuit: Moyen dépassé pour assurer le respect des normes dans les eaux d'un État côtier?", (2014) 27(1) Revue québécoise de droit international 143-; disponible à http://www.sqdi.org/wp-content/uploads/RQDI_27-1_6_Vaillancourt.pdf (vérifié 16 novembre 2015);
La Convention des Nations unies sur le droit de la mer (CNUDM) octroie aux États côtiers de nombreux droits et responsabilités dans les eaux adjacentes
à leur territoire. Pour assurer le respect de ces normes, un droit de poursuite a été prévu. Ce droit de poursuite, datant de plusieurs centaines d’années, a été
intégré dans la convention en fonction des technologies de l’époque. Cependant, parmi les critères qui encadrent ce droit, on y retrouve deux obligations
problématiques : l’obligation de signaler le début de la poursuite et l’obligation du caractère continu de la poursuite. De plus, les dispositions relatives à ces
obligations sont rédigées de telle sorte qu’intégrer l’usage de nouvelles technologies est presque impossible. Donc, la pertinence de ce droit de poursuite dépend
de sa capacité d’adaptation. C’est pourquoi une interprétation large ou une modification des dispositions pertinentes de la CNUDM est nécessaire.
The United Nations Convention on the Law of the Sea (UNCLOS) defines the rights and responsibilities of coastal States with respect to adjacent waters.
To ensure compliance with these standards, the right of hot pursuit was devised. Dating back hundreds of years and reflecting the technology available at
the time of its ratification, the right of hot pursuit was incorporated into the Convention. However, two of its requirements have proven problematic: the
duty to report the start of the pursuit and the continuous nature of the pursuit. The provisions relating to these obligations are also drafted in such a way
as to make it nearly impossible to account for the use of new technologies. The relevance of the right of hot pursuit thus depends on its ability to adapt.
Hence, a broader interpretation or amendment of the pertinent provisions of the UNCLOS is required.
Source de l'image: ca.linkedin.com/in/julien-vailles-3ba48898, visité le 1er juillet 2017
VAILLES, Julien, "Une avocate québécois à la tête juridique de l'armée. C’est une Montréalaise qu’on a choisie pour devenir juge-avocate générale des Forces armées canadiennes, une première...", DROIT-INC, 22 juin 2017, disponible à http://www.droit-inc.com/article20600-Une-avocate-quebecoise-a-la-tete-juridique-de-l-armee (vérifié le 23 juin 2017);
« Si je pouvais la décrire en une seule phrase, je dirais que c’est une « Dame de Cœur », dans le bon sens de l’expression », dit Me
Pascal Lévesque, de chez Fradette Le Bel avocats, Chicoutimi, un spécialiste des questions militaires.
« Trois aspects majeurs » l’amènent à cette conclusion. D’abord, ses qualités de juriste hors pair, notamment lors d’opérations des
FAC à l’étranger, que ce soit au Kosovo ou plus récemment en Afghanistan et en Libye. « C’est une spécialiste des questions de
sécurité nationale et de cyberconflits. Elle a d’ailleurs co-rédigé le Manuel de Tallinn, premier guide international sur les questions
juridiques que soulève la cyberguerre. »
Me Bernatchez a par ailleurs des compétences exceptionnelles en gestion des ressources humaines, estime Pascal Lévesque : « elle
a la réputation de faire preuve d’un leadership sensé et juste. Consciente des réalités de l’environnement militaire, des exigences de
la mission et des besoins de l’organisation, elle est reconnue pour son côté profondément humain. »
Enfin, dit Me Lévesque, c’est une femme forte. « Tout au long de sa carrière, elle a conjugué les joies et les aléas d’un parcours
professionnel riche, sa vie de couple et de famille. Ce qui lui permet de prendre toute la mesure des défis que vivent les militaires ayant
eux aussi à maintenir l’équilibre travail-famille. »
Image source: ca.linkedin.com/in/gvaliante, accessed 8 May 2017
VALIQUET, Dominique, "Bill C-45: An Act to Amend the
National Defence Act and to Make Consequential Amendments to
other Acts", Ottawa: Library of Parliament, Law and
Government Division, 1 April 2008, 25 p. (series;
Legislative Summary; LS-598E), available at http://epe.lac-bac.gc.ca/100/200/301/library_parliament/legislative_summary-e/bill_c45_080401/392-598E.pdf
(accessed on 17 July 2008);
VALIQUET, Dominique, "Projet de loi C-45: Loi modifiant la loi sur la défense nationale et d'autres lois en conséquence", Ottawa: Bibliothèque du parlement, Service d'information et de recherche parlementaires, 1er avril 2008, (Collection; Résumé législatif; LS-598F), disponible à http://epe.lac-bac.gc.ca/100/200/301/library_parliament/legislative_summary-f/bill_c45_080401/392-598F.pdf (accessed on 17 Julky 2008);
VALIQUET, Dominique and Christine Morris, Library of Parliament, "The Counter-Terrorism Framework in Canada", 19 April 2016, Hill Notes, available at https://hillnotes.ca/2016/04/19/the-counter-terrorism-framework-in-canada/ (accessed 26 May 2017);
VALLENGTGOED, Darren,"The 2011 award winning
essay: Welcome back Khadr: Re-examining extraterritorial
applicability of the Charter
after the Omar Khadr Decisions and Amnesty International v. The
Canadian Forces , (May/Mai 2012) Sword & Scale -- Salut militaire;
available at http://www.cba.org/cba/newsletters-sections/2012/PrintHTML.aspx?DocId=48115
(accessed on 5
May 2012); also available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2174070
(14 December 2013);
VALLENGTGOED, Darren, "Heureux de vous revoir Khadr : Sur l'applicabilité extraterritoriale de la Charte après les arrêts Khadr et Amnestie internationale c. Canada", (May/Mai 2012) Sword & Scale -- Salut militaire; disponible à http://www.cba.org/abc/nouvelles-sections/2012/2012-05_military.aspx#article1 (site visité le 5 mai 2012);
___________"The Last Round? A Post-Gotovina Reassessment of the Legality of Using Artillery Against Built-up Areas", (April 2013) 18(1) Journal of Conflict & Security Law 25-57;
Artillery has been a staple of siege warfare for centuries as a cheap and effective weapon against area and point targets; however, its legality under the
rules of International Humanitarian Law may be changing. The recent Ante Gotovina case at the International Criminal Tribunal for the Former Yugoslavia
(ICTY) reflects an evolving line of jurisprudence that could result in a global reassessment of the legal norms for using artillery against targets located in
urban areas. Thus far, commentators have criticized the Gotovina trial judgement on the basis that the law should conform to the technical limitations of
artillery, but this article proposes that if basic artillery cannot conform to the standards of accuracy required under IHL, then it should not be paired to
targets in urban areas. At a minimum, if after a calculation of probable errors of the fall of shot, the margin of error lies outside of that accepted by
international tribunals, then a decision to nonetheless engage the urban target may rise to the standard of recklessness and result in possible criminal liability
for the commander. In a 3-2 majority decision, the ICTY Appeals Chamber overturned the Trial Chamber decision in Gotovina, but did not articulate what
legal standard it applied in doing so. The result muddies the legal waters as it pertains to artillery and exposes a deep divide in the application of the law
by international criminal tribunals.
[source:academic.oup.com/jcsl/article-abstract/18/1/25/812488/The-Last-Round-A-Post-Gotovina-Reassessment-of-the, accessed 13 August 2017]
___________"Open Seas, Open Season: The Impending Challenge of Regulating Circumpolar Shipping in the High Arctic", (May 2012). Canadian Bar Association, 2011-2012 National Environmental, Energy and Natural Resources Law Essay Contest. Available at SSRN: https://ssrn.com/abstract=2174073;
Buttressed by compelling scientific research on unprecedented polar ice decline, there will be a strong business case for the economic viability of
a circumpolar trading route within the next 40 years. Given the environmental deterioration associated with other high traffic sea routes, and the
distinct problem this pollution would pose in the high Arctic given its semi-enclosed fragile ecosystem, this paper provides an overview of the
capabilities and limitations for forestalling environmental damage inherent in the existing regulatory framework. Particular reference is made to
the jurisdictional complexities of the circumpolar route’s transnational and, at times, purely international character. Ultimately, a multifaceted legal
framework is required for successful Arctic environmental governance. Such a framework would include coordination at the global, regional and
national levels. Regionally, the Arctic Council and its sub components provide a standing collaborative forum that serves as a catalyst for action at
the national and global levels. National governments should enhance and harmonize their enforcement presence, surveillance and Arctic environmental
policies. Globally, an emerging mandatory international regulatory regime is needed that includes not only the anticipated Polar Code for shipping and
other regulatory requirements for Flag States, but also one that makes full use of Port State controls along the lines of the Paris MOU. A balanced legal
approach would also identify those particularly delicate areas that shipping must be made to transit under stricter standards .or avoid altogether. Ideally,
this regime will continue to evolve over time, but inherent within the existing legal architecture can be found the twin pillars for successful enforcement.
First, the enforcement of soft law conventions like MARPOL 73/78 and the London Dumping Convention can be accomplished by harnessing the
authority of Port and Flag States. Second, the encirclement of the Arctic Ocean by pollution enforcement zones of the Arctic states means that hard law
national regulatory measures are available at several points along the circumpolar route. The enforcement of environmental standards cannot achieve
full efficacy absent systematic surveillance and monitoring within the Arctic Ocean. For this reason, this paper proposes the coordination of surveillance
and national vessel traffic management systems in the Arctic for violation detection and reporting.
___________ “Welcome Back Khadr: Re-Examining Extraterritorial Applicability of the Charter after the Omar Khadr Decisions and Amnesty International v. The Canadian Forces”; available at http://www.cba.org/cba/newsletters-sections/pdf/2012-05-military-1.pdf and http://www.jessupcanada.org/2011/Welcome_Back_Khadr_Darren_Vallentgoed.pdf (accessed on 5 May 2012); also available at (accessed on 25 February 2014);
Image source: lfpress.com/author/deb-van-brenk, accessed 29 April 2017
Deborah Van Brenk
VAN BRENK, Deborah, "Colonel Paul Scagnetti pleads guilty to firearm offence", timminstimes.com, 15 December 2011, available at http://www.timminstimes.com/2011/12/15/colonel-paul-scagnetti-pleads-guilty-to-firearm-offence (accessed 29 April 2017);
Col. Paul Scagnetti pleaded guilty Tuesday to negligently discharging his rifle -- specifically, of "conduct prejudicial to good order and discipline" --
during a security exercise in Afghanistan last May.
Scagnetti most recently served with 31 Canadian Brigade, based in London. A 30-year reservist who also commanded 33 Brigade Group, Scagnetti was
fined $2,000 during Tuesday's court martial, a rare proceeding that was the second court martial in London in two days.
Prosecutor Capt. J.C. Maguire during the court martial Tuesday commended Scagnetti for launching an investigation immediately,
having statements gathered from witnesses and taking full responsibility.
Maguire said the early guilty plea also showed Scagnetti's accountability, integrity and honour at all times before and after the incident.
Jonathan F. (Joseph Franklin William), 1963-, Objects
of Concern: Canadian Prisoners of war Through the
Vancouver : UBC Press, c1994, xii, 324 p.: ill. ; 24 cm. NOTES:
Includes bibliographical references and index. ISBN: 0774805048;
Image source: www.grandriveruel.ca/Events%202015/Grand_River_Eventsbapr15.htm (accessed 27 August 2016)
Jonathan F. Vance
___________Objects of concern [microform] : providing for
Canadians in enemy hands through the 20th century,
Thesis (Ph.D.)--York University, 1993, copy at the National
Library of Canada, 5 microfiches. SERIES: Canadian theses = Thèses
canadiennes NOTES: University Microfilms order no. UMI00441614;
In the wars of the twentieth century, some fifteen thousand Canadians had the misfortune to be held captive as prisoners of war or internees.
Traditionally, these prisoners have been viewed as forgotten casualties whose privations were misunderstood during the war and whose needs were
neglected afterwards. The dissertation seeks to evaluate this traditional view by examining Canadian efforts to care for its citizens in enemy hands through
the course of the twentieth century. The dissertation focuses on two significant aspects of that experience: attempts to ship relief supplies to prisoners;
and efforts to secure their release. Related themes are Canada's work in preparing servicemen for captivity and rehabilitating them after their release,
and the development of international law, both in Canadian attempts to monitor its observance in wartime and in our participation in its revision during peacetime.
The First and Second World Wars and the Korean War are examined in turn, to determine if Canadian authorities did all they could to ameliorate the lot of Canadians
in enemy hands and to see if the government improved over time its mechanism for providing for prisoners. In each case, an important distinction is drawn between
organizational problems in Canada and the impact those problems had on the objects of the effort, the prisoners themselves. To sketch out the shape of the
organization to provide for prisoners in Canada, the dissertation relies on government documents and the personal papers of some of the officials who were
deeply involved in POW superintendence. To detail the story on the other side of the fence, the personal papers and recollections of ex-prisoners have been used
extensively, from archives and regimental museums,private collections and oral interviews. Far from being forgotten, prisoners rarely ceased to be objects of
concern for Canadians. The experience of the world wars demonstrated that an excess of concern created immense organizational problems for the Canadian government,
which never developed a workable means of channeling that concern into a useful outlet. Furthermore, the Korean War and the post-1945 pension battles waged by
ex-prisoners suggest that the government did learn from past mistakes and tried to avoid the difficulties encountered during the world wars. In spite of the
confusion which often plagued those parts of government charged with monitoring POW affairs, the prisoners themselves had good cause to believe that they were
better looked after than many of their fellow prisoners from other Allied countries. (source: http://amicus.collectionscanada.ca/aaweb-bin/aamain/itemdisp?
sessionKey=1414481837026_142_78_200_14&l=0&lvl=1&v=1&itm=13586346&rt=1&bill=1, accessed on 28 October 2014)
VAN VEEN, Andrew (Andy), notes biography, AUTHOR UNKNOWN at http://www.google.ca/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCoQFjAA&url=http%3A%2F%2Fwww.cdp-hrc.uottawa.ca%2Fuploads%2FBio%2520van%2520Veen.doc&ei=cbZDU-UshqDZBYndgNgI&usg=AFQjCNHg013Xlkdt9vBXzpHRWRoJ9ckGpA&bvm=bv.64367178,d.b2I
(accessed on 8 April 2014);
___________"Legal Factors Affecting the Selection and Employment of Weapons", lecture, Canadian Forces College, Toronto, 25 January 2012 with slides; this reference was found in note 45 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 (accessed on 8 December 2013);
___________Slip Sliding Away:
The Erosion of Deference and the Protection of Sensitive
Information in Canada, Master's essay for LL.M. degree /
mémoire de maîtrise en droit pour le grade LL.M., University of
Ottawa, 2007; apparently the paper deals with national security
and counter-terrorism; on lit que ce mémoire de maitrise n'est pas
disponible pour consultation, voir "Liste des mémoires de maîtrise
et thèses de doctorat acceptés en 2007", (2007-2008) 67 Revue du Barreau 215 à la p.
Source: forces.gc.ca/fr/nouvelles/article.page?doc=des-nouvelles-de-la-region-du-quebec-avril-2015/i8oa1nfm (visité 16 mars 2017)
VARY, Marc-André, détail d'une photo de Marc-André Varin dans un article, Défense nationale et les Forces armées canadiennes, "Des nouvelles de la région de Québec -- avril 2015"
Le Capitaine de corvette Marc-André Vary s’adresse aux participants de la 6e Rencontre Université-Défense de Québec
qui a eu lieu le 25 mars 2015. Caporal Donald Héroux, Photographe/Multimedia CI 2 Div CA (article 8 de 9).
Image source: webdev.multimediaservices.ca/fr/job/avocatavocate-64, accessed 25 December 2016
Capitaine de corvette Marc-André Vary, avocat militaire
VARY, Marc-André, membre du Bureau du Juge-avocat général, voir notes biographiques à http://www.iihl.org/Media/Default/Courses%20and%20Workshops/Advanced%20LOAC%20French/Le%20capitaine%20de%20corvette%20-%20biographie.pdf (vérifié à 18 octobre 2015);
CAPITAINE DE CORVETTE MARC-ANDRÉ VARY
Le capitaine de corvette Marc-André Vary est Conseiller juridique de l’État-major interarmées stratégique des Forces armées canadiennes depuis juillet 2014. Dans ce rôle il appuie l’état-major interarmées stratégique, le sous-ministre associé et le Directeur général – Espace, en fournissant des conseils sur les sujets du droit militaire qui ont des répercussions sur la planification stratégique ainsi que sur l’autorisation et la direction des opérations, tant nationales qu’internationales.
Suite à l’obtention de son baccalauréat de l’Université d’Ottawa, le Capitaine de Corvette Vary a travaillé au Japon, au Sénat canadien ainsi qu’au ministère de la Justice du Canada. Après l’obtention de son diplôme en droit de l’Université d’Ottawa, il a pratiqué le droit dans le secteur privé avant de joindre les Forces armées canadiennes en tant que Conseiller juridique au sein Cabinet du Juge-avocat général. Il a par la suite travaillé comme avocat de la base des Forces canadiennes Gagetown, conseiller juridique du commandant de la Flotte de l’Atlantique de la Marine et conseiller juridique du Commandement des opérations interarmées du Canada. Il complète actuellement des études de 2e cycle en droit à l’Université York. (source: http://www.hei.ulaval.ca/fr/conferenciers, visité le 28 décembre 2016);
accessed 23 January 2015
VASHAKMADZE, Mindia, Understanding Military Justice,
Guidebook: Understanding Military Justice, Geneva: Geneva
Centre for the Democratic Control of Armed Forces (DCAF), (series;
5.1 Toolkit -- Legislating for the Security Sector), 2010, ISBN:
978-92-9222-1067-12; deals with Canadian law; available at click
here (accessed on 1 May 2014);
Présentation du Major Marie-Ève Tremblay, photo: Mario Poirier;
source de la photo:
VEILLETTE, Jocelyne, "Présentation de l'assistante Juge Avocat au
CMR Saint-Jean" dans "Qu'est-ce qui se passe au CMR Saint-Jean"
posted by rmcclub on October 3, 2010, disponible à http://everitas.rmcclub.ca/?p=44363
(vérifié le 31 juillet 2015); sur la présentation faite par le
Major Marie-Ève Tremblay au CMR Saint-Jean;
Image source: ca.linkedin.com/in/isabelle-veilleux-b1a53257?trk=prof-samename-name, accessed 16 September 2016
VEILLEUX, Isabelle Linked in information at https://www.linkedin.com/in/isabelle-veilleux-b1a53257 (accessed on 13 December 2015);
As Assistant Judge-Advocate General (Eastern Region)
• Lead a team of 15 lawyers, 2 paralegals and 7 administrative employees located in 5 regional offices across Québec.
• Identify legal risks, devise effective solutions and advise military senior leadership and staff on administrative, criminal
and international law matters related to the full spectrum of military and corporate activities in Canada and abroad.
• Adjudicate claims by or against the Crown arising from CAF activities in Canada and abroad.
• Write legal opinions, administrative decisions, correspondence, practices and procedures.
___________Research note: Since October 2015, Mrs. Veilleux is the Director and General Counsel at Veterans Affairs Canada, see https://ca.linkedin.com/in/isabelle-veilleux-b1a53257 (accessed 13 April 2016);
Source de l'image: www.lequebecetlesguerres.org/author/pierre-vennat/ (vérifié 19 juillet 2017)
VENNAT, Pierre, "Paticipation des Canadiens français à la vie militaire après trois ans de conflit", texte inédit, 24 avril 2010, site web "Le Québec et les guerres mondiales" (http://www.lequebecetlesguerres.org) ; disponible à http://www.lequebecetlesguerres.org/participation-des-canadiens-francais-a-la-vie-militaire-apres-trois-ans-de-conflit/ (vérifié le 19 juillet 2017);
Au 1er juin 1942, plusieurs officiers canadiens-français étaient attachés aux quartiers généraux de la Défense nationale à Ottawa,
à commencer par le major général Thomas-Louis Tremblay, inspecteur général de l’Est du Canada. Dans la plupart des domaines,
les canadiens français étaient toutefois nettement minoritaires. Ainsi, aux bureaux du juge-avocat, ils n’étaient que deux sur 11 [...]
Aux bureaux du ministre et du sous-ministre, on retrouvait le major A. Lemay et le lieutenant J-C. Sarault. À ceux du juge-avocat
général, le capitaine P.-L. Belcourt et le lieutenant O. Godbout.
Source of image: https://ca.linkedin.com/in/patrick-vermette-b4784b91, accessed 16 September 2016
VERMETTE, Major Patrick, biographical notes, available at http://www.europe.forces.gc.ca/sites/internet-eng.aspx?page=14884 (accessed 16 November 2015);
Maj Vermette was born and raised in the Ottawa area. He received a Bachelor of Social Sciences from the University of Ottawa in 1996 and later returned to receive a Bachelor of Laws (LL.B.) in 2009.
Maj Vermette joined the Canadian Forces in 1997 as a pilot. He received his military pilot wings in 1999. Maj Vermette was the top candidate of his class on both the Basic Flying Course conducted at 2 Canadian Forces Flying Training School, 15 Wing Moose Jaw, and the Multi-Engine Aircraft Flying training conducted at 3 Canadian Forces Flying Training School in Portage la Prairie, Manitoba. He was posted to 413 Transport and Rescue Squadron, 14 Wing Greenwood, where he obtained his CC130 Aircraft Commander qualifications in both the strategic transport and search and rescue operational flying roles. He was deployed on Op Apollo as a staff officer within the National Command Element in 2003. Upon returning from his tour of duty, he continued flying for the Squadron and occupied the position of Unit Flight Safety Officer from 2004 to 2005. In 2004, he received an Air Commander’s Commendation as a crew member of Rescue 314 for the rescue of two survivors of a plane crash in Newfoundland and Labrador.
In 2005, Maj Vermette was selected to serve as Aide de Camp to the Governor General. His duties included coordinating the planning and execution of Their Excellencies’ private and public programs, including state visits to France, Italy, Chile, Algeria, Mali and Brazil.
In 2007, Maj Vermette was selected for the Military Legal Training Program. He completed his legal education with an option in international law. His studies included internships at the International Civil Aviation Organization (ICAO) and the Department of Justice International Air Law Secretariat. He completed the admissions requirements to the legal practice and was called to the Bar of Ontario in 2010.
Maj Vermette articled with the Office of the Judge Advocate General in the field of Military Justice, more specifically within the office of the Director of Military Prosecutions and the Military Justice Policy and Research Directorate. Upon joining the legal branch, he was posted to serve as a legal advisor with the Military Justice Strategic Review Team, a team mandated to support legislative reforms to the military justice system. In 2011, he joined the Military Justice Strategic Directorate as a legal advisor on matters of legislative and regulatory reforms, as well as the second independent review of the military justice system. That same year, he received the annual JAG Award for Junior Legal Officer Excellence. In 2012, Maj Vermette was posted to Geilenkirchen, Germany to fill the position of Deputy Judge Advocate within the Office of the Assistant Judge Advocate General (Europe), in Geilenkirchen, Germany.
VETERANS AFFAIRS CANADA, Veterans of the Reserve Force: Life After Service Studies 2013, Charlottetown, Prince Edward Island: Veterans Affairs Canada, 25 October 2016, Research Directorate Technical Report, Catalogue #: V32-272/2016E-PDF, 45 p.; available at publications.gc.ca/collections/collection_2017/acc-vac/V32-272-2016-eng.pdf (accessed 23 April 2017);
Reserve Force in Canada.
The Reserve Force is comprised of professional members of
the Canadian Armed Forces (CAF) whose service is voluntary
and are not required to go on a deployment.
The largest of these components, the Primary Reserve Force,
is the focus of this report.
The six elements of the Primary Reserve are:
1. Army Reserve
3. Air Reserve
4. Canadian Special Operations Forces Command Reserve
5. Health Services Reserve
6. Judge Advocate General Reserve
Primary Reserve elements are located across Canada including
24 Naval Reserve units, 131 Army Reserve units, 10 Army Brigade
groups, 10 Territorial Battalion groups, 4 Arctic Response companies,
Air Reserve units integrated into the Royal Canadian Air Force structure,
Special Operations Forces members integrated into the Regular Force,
14 Reserve Field Ambulance units, and 60 Legal Reserve officers
assigned to Regional JAG structure. [pp. 5-6]
Image source: http://www.concourspictet.org/list2015.html, accessed 11 October 2016
VICHNEVETSKAIA, Sonya, "ISAF Claims in a Nutshell" (30 September 2008) issue 16 NATO Legal Gazette at pp. 2-5; available at http://www.marshallcenter.org/mcpublicweb/MCDocs/files/College/LGE16.pdf (accessed 13 December 2015);
VICHNEVETSKAIA, Sonya, Fred Dufresne, "Rapporteur's Report/Rapports des rapporteurs?" in Looking ahead : international law in
the 21st century : proceedings of the 29th Annual Conference of the
Canadian Council on International Law, Ottawa, October 26-28, 2000 =
Tournés vers l'avenir : le droit international au 21ème siècle : travaux
de 29e congrès annuel du Conseil canadien de droit international,
Ottawa, 26 au 28 octobre 2000, Hague ; New York : Kluwer Law International, c2002, x, 347 p., at 308-311; 25 cm; copy at Ottawa University, FTX General, KZ 25 .C345 2000;
VIENS (VIEN), Yves, 1914-1968, avocat, Barreau du Québec;
Durant la 2e guerre mondiale, M. Vien est commandant des défenses côtières et contre-avions à Québec, commandant adjoint du 26e régiment
contre-avions et juge-avocat général adjoint de l'Armée de la Marine et de l'aviation.
(source: http://www.nosorigines.qc.ca/GenealogieQuebec.aspx?genealogie=Vien_Yves&pid=30509&lng=fr, accès 21 juillet 2017)
Jacques Viger, source de l'image; http://montrealjemesouviens.blogspot.ca/2012/07/les-maires-de-montreal.html, site visité le 20 avril 2014.
VIGER, J. (Jacques), Règne militaire en Canada ou
administration judiciaire de ce pays par les Anglais du 8
septembre 1760 au 10 août 1764. Manuscrits recueillis et annotés
par le commandeur J. Viger. tome Ier. Montréal: des Presses
à Vapeur de "La Minerve", 1870, 328 p. (Cinquième livraison des
Mémoires de la Société historique de Montréal.); titre noté dans
mes recherches mais document pas encore consulté (15 décembre
2011); disponible à http://www.archive.org/details/rgnemilitaireenc01vige
le 10 mars 2012);
VINCE, Donald M.A.R., "Development in the Legal Status of
the Canadian Military Forces, 1914-19, as Related to Dominion
Status", (1954) 20(5) The Canadian Journal
of Economics and political Science
357-370; article not consulted; cited in ÉMOND, Marc-André, Military law, courts martial and the
Canadian Expeditionary Force, 1914-1918, supra; available at Ottawa University Off-Campus Storage - Annex
H 1 .C3
VOIGHT, M.R., The Canadian Deployment to Somalia – A Strategic Failure, Toronto: Canadian Forces College Research Paper, 2002, 56 leaves; available at http://www.cfc.forces.gc.ca/259/290/289/286/voith.pdf (accessed 20 February 2015);
Main Web Page of the law firm at www.wagners.co/ (accessed 5 June 2017)
WAGNERS LAW FIRM-- CANADIAN ARMED FORCES CLASS ACTION, Halifax, Nova Scotia
- Wagners Law Firm -- Canadian Armed Forces - Class Action Overview
- Legal Fees at www.youtube.com/watch?v=GpPWKCnSKiI (accessed 5 June 2017)
- Explanation of the Process at www.youtube.com/watch?v=d0tgWnv5LxA (accessed 5 June 2017)
- Representative Plaintiff and The Class at https://www.youtube.com/watch?v=vdS52QPFHWs (accessed 5 June 2017)
accessed 2 February 2015
WALBY, Kevin and Seantel Anais, "Communications Security Establishment Canada (CSEC), Structures of Secrecy, and Ministerial Authorization after September 11", (2013) 27(3) Canadian Journal of Law and Society 363-380;
Communications Security Establishment Canada (CSEC) produces
foreign signals intelligence for Canada's Department of National
Before Canada's Anti-Terrorism Act was passed in 2001, CSEC had no statutory basis. Canada's Anti-Terrorism Act and the revised National
Defence Act extended CSEC powers, allowing the agency to collect foreign intelligence for communications with a Canadian nexus, thus
contributing to post-9/11 surveillance and security intelligence legacies. Yet little is known about CSEC practices or CSEC's involvement in
the "War on Terror." In this article, we examine the transformation of CSEC. We contribute to debates about communications surveillance and
anti-terrorism laws by analyzing the results of access to information requests pertaining to CSEC intelligence and the reports of the Office of
the Communications Security Establishment Commissioner. Focusing on the Ministerial Authorizations that enable CSEC's interceptions of
private communications, which we conceptualize using Ericson's notion of counter-law, we also add to literature on the structure of secrecy
by assessing CSEC information management practices.
(source: http://muse.jhu.edu/login?auth=0&type=summary&url=/journals/canadian_journal_of_law_and_society/v027/27.3.walby.html, accessed on 14 December 2013)
WALBY, Kevin and Jeff Monaghan, "Policing Proliferation: On Militarization and Atomic Energy Canada Limited's Nuclear Response Forces", (2010) 52 Canadian Journal of Criminology & Criminal Justice 117-146; title noted in my research but article not consulted yet (25 September 2017);
This paper describes the militarization of security and police forces occurring in Canada vis-à-vis regulation of the nuclear industry.
Based on analysis of access to information requests, we investigate the operations of Nuclear Response Forces (NRFs) on nuclear
sites in Canada, including the structural features of these NRFs, and their connections to local as well as national security and policing
agencies. Our research explores the post–11 September 2001 impact of “design basis threat” assessment and counterterrorism policy
on policing operations. Design basis threat assessment organizes security and policing practices according to adversarial models of
military operation. We argue that the literature concerning militarization of policing must be extended to account for how the
coordination of private and public security agencies as well as intelligence agencies at critical infrastructure sites facilitates the
distribution of military technology and strategy across numerous scales of policing. Commenting on how militarization of security
vis-à-vis nuclear proliferation in Canada is affecting some rural police forces, we contend that the design basis threat model of
counterterrorism is transforming the strategy and operations of some local police forces working in jurisdictions near nuclear sites.
D'après une analyse des demandes d'accès à l'information, on décrit dans l'article la militarisation des forces policières au Canada
pour ce qui est de la réglementation sur l'industrie nucléaire. On examine les forces d'intervention pour la sécurité nucléaire qui
sont déployées dans les centrales nucléaires du Canada, notamment leurs caractéristiques structurelles (similaires à celles des
organisations paramilitaires) et leurs liens avec les forces policières locales et nationales. On évalue aussi le récent effet des
politiques de lutte contre le terrorisme sur les activités de ces forces d'intervention. Dans le commentaire, qui porte sur l'effet
de la militarisation de la police dans les régions rurales, on parle du rapprochement des multiples échelles de politiques causé
par la militarisation et la mise en œuvre de modèles de politiques contre le terrorisme axées sur la prévention et la protection
civile. Dans la conclusion, on discute des cou○ts associés à la prolifération des centrales nucléaires, qui, en plus de causer des
dommages à l'environnement, exigent des subventions de l'ordre des centaines de millions de dollars par année versées par le
gouvernement fédéral à Énergie atomique du Canada limitée et à la Commission canadienne de sureté. Une partie de cet argent
est affecté à la militarisation (par exemple, à l'achat d'armes et aux technologies de surveillance).
[source: http://www.utpjournals.press/doi/abs/10.3138/cjccj.52.2.117, accessed 25 September 2017]
WALDROP, Elizabeth Seebode, Integration
of Military and Civilian Space Assets: Legal and National
Security Implications, Institute of Air and Space Law,
McGill University, 2003, available at http://digitool.library.mcgill.ca/R/?func=dbin-jump-full&object_id=19637
(accessed on 27 July 2012); also published at (2004) 55 A.F. Law Review 157;
WALKER, Carl and Bob Cheung, "Moral, Ethical and Legal Considerations with the Use of Drugs for Performance Maintenance in the Canadian Forces", 2009, 6 p., RTO-HFM-181, available at http://www.dtic.mil/dtic/tr/fulltext/u2/a567869.pdf (accessed 27 August 2016);
Legal IssuesIn the Canadian Forces (CF), there is no legal impediment to the use of lawfully prescribed medications for the
purpose of performance maintenance. Prescription of these medications must, however, be in keeping with the
direction provided in the National Defence Act (NDA), The Canadian Human Rights Act (CHRA), the Food and
Drugs Act , and the Controlled Drugs and Substances Act (CDSA). Access to these statutes has been facilitated
immensely through the internet, with most legislation in the form of acts and associated regulations readily
available at http://laws-lois.justice.gc.ca to any Canadian citizen. The National Defence Act, specifically, outlines
the legal basis for the Canadian Forces (CF). The Act states in Sec 33(1) that all officers and non-commissioned
members are at all times liable to perform any lawful duty. This means that members of the CF must be fit to carry
out lawful orders at any time, any day of the week. This requirement to be able to carry out a lawful order is
considered a bona fide ccupational requirement of any CF member. This section of the Act is the basis for the
universality of service principle that all members of the CF must satisfy. This universality of service requirement is
also enforced in the CHRA paragraph 15(9). Although the CHRA guarantees the rights of all Canadian citizens to
life, liberty, security, and the enjoyment of personal property, this paragraph in the CHRA specifically directs that
the “Canadian Forces must at all times and under all circumstances perform any functions that they may be
required to perform”. It also implies that the CHRA cannot be used as a reason to not comply with a lawful medical
recommendation. It also is important in consideration of the implications of refusing to take a medication to maintain
wakefulness when medically recommended to do so. Neither the NDA nor the CHRA specifically precludes the use
of performance maintenance med ications for fatigue countermeasures. The question of the legal use of performance
maintenance medications really becomes one of operational necessity in the setting of due diligence. The law
prohibits the forceful requirement to take medications for any purpose. The medical recommendation to take
medications of this nature must be in an operational setting where all reasonable alternative modalities have been
exhausted (i.e. scheduling, circadian adjustment strategies like melatonin and phototherapy, or nutrition like naturally
caffeinated beverages). If a member elects to not take a performance maintenance medicationin this setting, then
from a legal perspective the responsibility would be on him/her to prove that he/she was in fact safe to continue that
specific duty. Thus, a member has the legal right to specifically refuse to take a performance maintenance medication,
but he/she does not have the right to fall asleep on duty as a consequence of that refusal. A specific operational
example would include the piloting of a single seat armed aircraft, where falling asleep would mean the loss of a
national asset, failure to completion a mission, and a risk to the collective safety of the pilot and other CF members and
civilians. ... [footnotes omitted]
Image source: http://www.backcheck.net/management.htm, accessed 25 January 2016
Janet Walker, photo source: http://www.osgoode.yorku.ca/faculty/full-time/janet-walker, accessed on 8 April 2014
WALKER, Janet, "A Farewell Salute to the Military Nexus
Doctrine" (1987) 2 National Journal of Constitutional Law
366-378; available at http://osgoode.yorku.ca/osgmedia.nsf/0/AC21E1A9DD968CFE85256F1F00709026/$FILE/militarynexus.pdf
(accessed on 11 July 2008); also available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1491043
(accessed on 16 December 2011); on the issue of military nexus,
see the decision of R.
v. Trépanier, 2008
CMAC 3, (CanLII);
__________"Military Justice: from Oxymoron to Aspiration" (Spring
1994) 32 Osgoode Hall Law Journal 1-32; available at http://osgoode.yorku.ca/osgmedia.nsf/0/FEEA84324A73051985256F1F0070901A/$FILE/mil%20just.pdf
(accessed on 11 July 2008); see also http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1490736
on 17 December 2011);
Image source: kirschinstitute.ca/about/our-team/, accessed 25 December 2016
WALKER, Samuel G., “Lawful Murder: Unnecessary Killing in
the Law of War”, (July 2012) 25(2) Canadian Journal of Law and
Jurisprudence 417-446; title noted in my research but article not consulted;
The international law of war limits the use of violence, largely through protections afforded to civilians. However, the law provides no principled limit on the taking of combatant life — soldiers may be killed even if to do so would contribute absolutely no military advantage. This permissive approach to unnecessary killing has deep historical roots in the philosophy of the law of war. Three justifications for unnecessary killing have been advanced: a robust notion of sovereignty that views the soldier as a disposable molecule of a greater being; the idea that soldiers are ‘guilty’ and deserve what befalls them in war; and a pragmatic approach holding that limits on gratuitous violence are both impossible to implement in practice as well as harmful. None of these arguments are persuasive in light of the contemporary consensus that there is a human right to life that ought to be respected at all times, even in war. A rule of "combatant proportionality" should therefore be formally incorporated into the law of war. (source: , accessed 5 July 2016)
WALLACE, W.S., ed., "Period of Military Rule [1759-1763]" in Encyclopedia of Canada, vol. 4, Toronto: University Associates of Canada, 1948, 400 p., at 288-290; available at http://faculty.marianopolis.edu/c.belanger/quebechistory/encyclopedia/PeriodofmilitaryruleinCanada1759-1763-QuebecHistory.htm (accessed on 24 July 2011); contains references;
---- image source: flickr.com/photos/95607554@N05/
Chavi Walsh Chavi Walsh
WALSH, Chavi, "Major Walsh Put His Law Degree to Practice World-Wide", Get to know your Canadian Armed Forces, year 2014; available at https://www.canada.ca/en/department-national-defence/services/caf-jobs/life/gtkyf/profiles.html#2016 (accessed 22 August 2017);
As a Legal Officer in the Forces, Major Chavi Walsh is responsible for providing legal advice to the Canadian Armed Forces and the Department of National Defence.
“I enjoy advising on national policies and ensuring that Forces members are being treated in a fair manner in accordance with the law,” Chavi says. “No week is the same,
and every week I learn something that I did not know before.”
Chavi joined the Army Reserve while completing his undergraduate degree at the University of Ottawa. “I was looking for a part-time job that fit well with my student
schedule, offered full-time summer employment and would give me marketable job skills upon graduation,” he recalls. After spending four years at a private law firm
in Ottawa, Chavi began considering a full-time career in the Forces. “The main reason for leaving the private sector was to practice law in an international context,”
Chavi says. “The attraction of practicing law while maintaining a high level of fitness and frequently working outside of an office was also highly attractive.”
Chavi joined the Regular Force in 2008 and hasn’t looked back since: “Performing high-level legal work with interesting and motivated colleagues, all while wearing the
Canadian flag on my uniform, constantly reinforces my decision to join the Forces.” Chavi also notes that the benefits and lifestyle provided by the Forces are much
better than what’s available to lawyers in the private sector. “The salary that is offered to lawyers in the Forces is competitive,” he explains. “In the private sector,
you get longer hours and limited vacation. In addition, the private sector does not offer the job security and pension provided to Forces members.”
Chavi is currently posted in Montreal, where he lives with his wife and their three young children. “I have a very good work-life balance that would be the envy of
every private sector lawyer,” he enthuses. With regular working hours and paid vacation days, Chavi is able to devote a lot of time to his family. He enjoys playing
with his children and keeping fit through running and weight training. In the future, Chavi wants to explore his interest in international affairs by pursuing a Master
of Law degree in International Humanitarian Law.
“The ideal candidate for the Forces should wear their uniform with pride and should always hold themselves to a high standard,” Chavi advises. If he could give
advice to his pre-Forces self, he would say, “I would tell myself to pursue a career in the Forces. The decision to join was one that I have not second-guessed yet!”
source: http://djcil.law.duke.edu/, accessed 12 February 2015
WALSH, Gary, "Interoperability of United States and Canadian Armed Forces", (July 2005) 15(2) Duke Journal of Comparative & International Law 315-332; available at http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1117&context=djcil (accessed on 22 August 2017);
WANG, E.B., "The Role of Canadian Armed Forces in Defending Sovereignty", (Spring 2009) 11(3) Journal of Military and Strategic Studies; available at http://jmss.org/jmss/index.php/jmss/article/view/70/80 (accessed on 23 April 2014);
WARD, Donald William Stillman, 1914-2006, obituary, available at http://www.legacy.com/obituaries/timescolonist/obituary.aspx?n=donald-william-stillman-ward&pid=17871385 (accessed 16 September 2016); former JAG officer; also an obituary at https://www.bclocalnews.com/obituaries/judge-donald-william-stillman-ward/ (accessed 17 October 2017);
After the war he returned to Scotland Yard, and while serving in Belfast his son Jack was born. During this time heUpon his retirement from the Canadian Forces, he was appointed Judge of the BC Provincial court and sat in Prince
earned his law degree from Queens University, Belfast and was called to the Bar, becoming a member of the Inner
Temple. He emigrated to Canada in 1952 and joined the RCAF Judge Advocate General Branch, retiring with the
rank of Squadron Leader. He completed a Masters degree in law (LLM) at McGill University in 1970.
Rupert and Vancouver Island. He retired in 1982. Throughout his retirement he remained committed to local affairs
and broader legal issues.
[Read the complete obituary at: https://www.bclocalnews.com/obituaries/judge-donald-william-stillman-ward/, accessed on 17 October 2017]
WARD, Judge Donald William Stillman May 15, 1914 ~ May 18, 2006 Donald William Stillman Ward passed away peacefully in his sleep early Thursday morning May 18th, 2006, three days after his 92nd birthday. Deeply missed by his loving family, he is survived by his wife of 63 years Ruth Marion Ward, his daughter Peggy (Bill), his son Jack (Smita), his grandchildren Andrea, Roz (Magnus), Jennifer (Isaac), and Kim, and his great-grandchildren Xavier and Ava. Born in Maidstone, Kent, England, Don joined Scotland Yard as a young man and rose to the rank of Sergeant in Scotland Yard's Special Branch. During WWII he served in the RAF as a pilot with the rank of Flight Lieutenant. While stationed in Edmonton, he met his wife Ruth who led him to a strong faith in God that stayed with him all his life. While he was still in Canada his first child Peg was born. After the war he returned to Scotland Yard, and while serving in Belfast his son Jack was born. During this time he earned his law degree from Queens University, Belfast and was called to the Bar, becoming a member of the Inner Temple. He emigrated to Canada in 1952 and joined the RCAF Judge Advocate General Branch, retiring with the rank of Squadron Leader. He completed a Masters degree in law (LLM) at McGill University in 1970. Upon his retirement from the Canadian Forces, he was appointed Judge of the B.C. Provincial Court and sat in Prince Rupert and Vancouver Island. He retired in 1982. Throughout his retirement he remained committed to local affairs and broader legal issues. His family and friends will miss him dearly. - See more at: http://www.legacy.com/obituaries/timescolonist/obituary.aspx?n=donald-william-stillman-ward&pid=17871385#sthash.YKD71PE2.dpuf
WARD, Doug, "The Last Word", (October/November 2011), issue 6, Vanguard; available at http://www.vanguardcanada.com/VanguardIssue38;
see also the comments by Doug Bland at http://www.vanguardcanada.com/DemiseOfPolicyProposalsBland
(accessed on 11 December 2011);
WARD, John, "Afghan mission aims to avoid shortcomings of Somalia operation 10 years ago", Canadian Press NewsWire, Aug 7, 2003;
Description: For one thing, says Ernie Beno, a retired brigadier general who helped send the Canadian Airborne Regiment to Somalia, the military has substituted careful planning for "ad hoc" solutions to potential problems. In Somalia, the Airborne was part of a multinational force scattered across the country. The soldiers were originally sent for three months, but the tour was extended. Uncertainty about when they'd go home played havoc with morale. In Somalia, the senior officer was a colonel whose headquarters in Mogadishu was hundreds of kilometres away from the Airborne camp. In Kabul, the Canadians will serve with an international brigade commanded by Canadian Brig.-Gen. Peter Devlin. Another Canadian, Maj.-Gen. Andrew Leslie, will be deputy commander of the entire multinational force. Source: © ProQuest LLC All rights reserved (source: 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)=%22pitzul%22%20general&dstmp=1491123354958, accessed 2 April 2017);
___________ "[Andre Marin, the Canadian Forces ombudsman, wants to fine-tune his mandate]", Canadian Press NewsWire, Dec 16, 1999;
Description: OTTAWA (CP) - [Andre Marin], the Canadian Forces ombudsman, wants to fine-tune his mandate, expand his right to watch the military justice system and open his door to anyone with a beef against National Defence. Marin said military lawyers interpret a section of the rules to mean they're out of range of the ombudsman. Lawyers shouldn't enjoy a "zone of immunity." He said he doesn't want to run afoul of lawyer-client privilege or the sanctity to trial decisions, but added he should be able to look at questions of legal process, such as undue delays. Lawyers and the military can't be allowed to shelter behind a broad interpretation of privilege, he said. (source: http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page&pag=nxt&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)=Ottawa%20%22military%20justice%22&dstmp=1471615932860, accessed 19 August 2016)
____________ "Former chief justice questions use of inquiries [Speech to Conference of Defence Assns]", Canadian Press NewsWire, Nov 24, 1997;
Description: Brian Dickson, former chief justice of the Supreme Court of Canada, has questioned the use of public inquiries, with the Somalia inquiry clearly his target. In a recent speech to the Conference of Defence Associations, which had just presented him with its annual Vimy Award, the gruff retired judge spoke in thinly veiled terms about the inquiry and its impact on the military. The former Second World War artilleryman, who lost a leg in combat, suggested, without naming names, that some of the figures in the Somalia scandal were judged unfairly and prematurely and that the inquiry reached erroneous conclusions. (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=51&frbg=&indx=501&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)=letourneau%20somalia&dstmp=1468272419849, accessed 11 July 2016);
Image source: http://cas-cdc-www02.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Simpson, accessed 11 July 2016
____________"Judge's Somalia ruling leaves many questions unanswered (Federal government order to cease)", Canadian Press News Wire, Mar 27, 1997;
Description: [Sandra Simpson] found in favor of John Dixon, a former adviser to ex-defence minister Kim Campbell, who sought to quash the deadline ending the inquiry. Dixon, now a college instructor, says the inquiry was killed in part to prevent him and others from testifying about events surrounding the March 1993 torture-murder of a teenager in Somalia at the hands of members of the Canadian Airborne Regiment. In her ruling, Simpson said the inquiry can go on with its business until the government either gives it the requested extension or narrows its mandate and gives it sufficient time to deal with the reduced responsibility. (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=38&frbg=&indx=371&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)=letourneau%20somalia&dstmp=1468176268611, accessed 11 July 2016)
____________"Military justice system needs to be explained, even to lawyers", Canadian Press NewsWire, Apr 26, 1998;
Description: Brig.-Gen. Jerry Pitzul sees the system as a basic tool which helps maintain the discipline - the mainstay of any military organization. But he knows he has to work at getting that across to the average Canadian. No problem, says Pitzul, a former military lawyer and judge who was retired and overseeing the civilian prosecution system in Nova Scotia when he was lured back into uniform this month. "They've worked very hard over the last four years under circumstances of public scrutiny and that's not easy," Pitzul said. "We've got to look at the jobs they do, how they do them and under what circumstances they do them and see if we can bring in some freshness." 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)=%22pitzul%22%20general&dstmp=1491123331436 (accessed 2 April 2017)
WARK, Wesley, Michel Drapeau, CBC, "Trump says torture 'absolutely' works. Wesley Wark and Ret.-Col. Michel Drapeau discuss the consequences of Donald Trump's position on using torture in interrogations", CBC News/Politics, 26 January 2017, available at http://www.cbc.ca/news/politics/trump-says-torture-absolutely-works-1.3954365 (accessed 27 January 2017);
WARMAN, R., "Ex Maple Shore : An OJT experience" (March/Mars
2010) Sword & Scale -- Salut militaire;
available at http://www.cba.org/CBA/newsletters-sections/2010/2010-02_military.aspx
(accessed on 30 April 2012);
WARMAN, R., "Ex Maple Shore: un cas vécu de FCEI" (March/Mars 2010) Sword & Scale -- Salut militaire; disponible à http://www.cba.org/cba/newsletters-sections/pdf/03-10-salut_militaire.pdf (site visité le 30 avril 2012);
__________ "Book Review: Reappraising the Resort to Force: International Law, Jus ad bellum and the War on Terror, by Lindsay Moir." (2010) 48 (3/4) Osgoode Hall Law Journal 703-709; available at http://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=1098&context=ohlj (accessed 4 June 2016);
___________"The evolution of the Canadian Forces Terms of Service" (May/Mai 2002) Sword & Scale -- Salut militaire 1, 6 and 7; available at http://web.archive.org/web/20050125112748/http://dev.cba.org/CBA/Sections/military/swordscaleapril2002.pdf (accessed on 19 April 2012);
___________ "Précis : L'évolution des conditions de service au sein des Forces canadiennes" (May/Mai 2002) Sword & Scale -- Salut militaire 1 et 6; disponible à http://web.archive.org/web/20050125112748/http://dev.cba.org/CBA/Sections/military/swordscaleapril2002.pdf (site visité le 19 avril 2012);
___________"France discovers 'legal siege' ", (May 2013) Sword and Scale; available at http://www.cba.org/CBA/newsletters-sections/2013/05_military.aspx and http://www.cba.org/CBA/sections_military/newsletters2013/siege.aspx (accessed on 28 August 2013);
___________ Maintaining an operational force : the duty to accommodate in the Canadian Forces, LL.M. thesis, Queen's University, 2007, iv, 132 leaves; available at http://www.collectionscanada.gc.ca/obj/thesescanada/vol2/002/MR30252.PDF (accessed on 29 February 2012);
___________Research note on Mr. Christopher Waters:
Lt-Col. (retired) Chris Waters, former Director of the Canadian Forces Military Law Centre; adjunct professor at the Royal Military College; and a current PhD candidate in International Human Rights Law and International Humanitarian Law at Queen's University Law School (source: http://www.cba.org/CBA/sections_military/newsletters2014/panel.aspx, June 2014);
___________"What measure of 'service at pleasure' ", (February/Février 2003) Sword & Scale -- Salut militaire 3 and 7; available at http://web.archive.org/web/20050125062546/http://dev.cba.org/CBA/Sections/military/swordscaledec2002.pdf (accessed on 19 April 2012);
___________"Précis : Un rapport d'emploi dicté par les règlements" (February/Février 2003) Sword & Scale -- Salut militaire 3 et 8; disponible à http://web.archive.org/web/20050125062546/http://dev.cba.org/CBA/Sections/military/swordscaledec2002.pdf (site visité le 19 avril 2012);
Source of image: http://www.uwindsor.ca/law/cwaters/, accessed 4 June 2016
WATERS, Christopher (Christopher P.M.), "Beyond Lawfare: Juridical Oversight of Western Militaries", (2009) 46 Alberta Law Review 885;
While civilian supremacy over the armed forces is accepted as a matter of faith in Western countries, this supremacy often means little more than supremacy of the executive branch of government over top generals. Indeed, efforts to regulate armed forces through broader domestic or international legal frameworks, including international criminal law, have been resisted in some military quarters (particularly in the United Kingdom and the United States) with the military and its backers raising concerns of “legal encirclement” or “lawfare.” The author argues for broad civilian and democratic oversight of armed forces, including through increased judicial and quasi-judicial scrutiny of overseas military actions at the domestic and international levels. The author concludes that broad democratic oversight not only promotes compliance with international legal norms but supports operational effectiveness as well.
Christopher Waters is Dean of the Faculty of Law [University of Windsor]. He joined the Faculty in 2007 and served as Associate Dean from 2009-2012. His previous academic post was
at the University of Reading in the United Kingdom. He has been a visiting scholar at several universities, including at Aix-Marseille Université.
Dr. Waters' research interests are in the areas of public international law, international humanitarian law, law and politics in Eastern Europe and active transportation
and the law. He has extensive human rights and election monitoring field experience in Eastern Europe and the former Soviet Union.
Dr. Waters is co-editor of the Canadian Bar Review with Professor David Tanovich and is on the editorial board of the Journal on the Use of Force and International Law.
He a member of the Board of Governors of the Ontario Law Commission and is the Canadian representative on the International Law Association's committee on the recognition of states and governments.
Image source: www.amazon.ca/Military-Justice-Modern-Alison-Duxbury/dp/1107042372, accessed 27 July 2016
__________"Democratic oversight through courts and tribunals", in Alison Duxbury, Matthew Groves, eds., Military Justice in the Modern Age, Cambridge University Press, 2016, 446 p., at chapter 3 at pp. 36-56, ISBN: 9781107042377;
___________"Is the Military Legally Encircled?", (2008) 8(1) Journal Defence Studies 26-48;
___________"War Law and Its Intersections" in D. Whetham, ed., Ethics, Law and Military Operations, Basingstroke: Palgrave 2010, at p. 90, ISBN: 9780230221703;
WATERS, Christopher and Ashley Barnes, "The Artic Environment and
the Law of Armed Conflict", (Winter 2011) 6(4) Canadian Naval Review 16-21;
available at http://www.navalreview.ca/wp-content/uploads/public/vol6num4/vol6num4art4.pdf (accessed on 4 June 2016);
WATERS, Christopher and James A. Green, "International Law: Military
Force and Armed Conflict" in G. Kassimeris and J. Buckley, ed., Research
Companion to Modern Warfare,
Aldershot: Ashgate, 2010, at pp. 289-306; available in part
(accessed on 4 January 2015);
accessed 28 November 2014
WATERS, Christopher, and R. Nelson, "The Allied Bombing of German Cities during the Second World War from a Canadian Perspective", (2012) 14 Journal of the History of International Law 87-122; available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2128814 (accessed on 15 October 2012);
-------------------------------------- Image source: www.haaretz.com/israel-news/netanyahu-likely-to-widen-remit-of-gaza-flotilla-probe-after-judge-threatens-to-quit-1.299038, accessed 31 December 2015
Ken Watkin, photo source: http://everitas.rmcclub.ca/?p=7247, From the left: David Trimble, Ken Watkin and Jacob Turkel (head of the Turkel Committee)
accessed 20 March 2014
WATKIN, Kenneth W. (Kenneth William), 1954-, "21st Century
Conflict and International Humanitarian Law: Status Quo or
Change?" in Michael N.
Schmitt and Jelena Pejic, eds., International
law and armed conflict : exploring the faultlines : essays in
honour of Yoram Dinstein, Leiden, The
Netherlands ; Boston : Martinus Nijhoff Publishers, c2007, xxxvii,
586 p, at pp. 265 to approx. 296 (series; International
humanitarian law services; v. 15); copy at University of Ottawa,
Fauteux General KZ 6355 .I578 2007;
__________"111027 Ken Watkin ('76): Fighting at the Legal Boundaries: Controlling the Use of Force in Contemporary Conflict", Posted by rmcclub on May 15th, 2016; available at http://everitas.rmcclub.ca/?p=151401 (accessed 10 September 2016);
___________"Applying Humanitarian Law and Human Rights in 21st Century Conflict: Neglect, Integration, Divergence or Overlap"; available at https://web.up.ac.za/sitefiles/file/47/15338/Applying%20HR%20Watkin.pdf (accessed on 3 November 2014);
___________"Armed Forces" in Canadian Encyclopedic Digest, Ontario, 3rd ed., Vol. 1a, Title 9, Scarborough: Carswell, 1992, pp. 3-78 with a supplement prepared by Brenda-Jean Currie, 28 p., August 1997; updated by Roxanne L. Neufeld; also in Canadian Encyclopedic Digest, West, 3rd ed vol, 2, title 9, Scarborough: Carswell, 1992, p. 3-78 with a supplement prepared by Brenda-Jean Currie, 28 p., August 1997; updated by Roxanne L. Neufeld; now retired from the Canadian Forces, Professor Ken Watkin is the Charles H. Stockton Professor of International Law at the U.S. Naval War College for 2011-2013, tel 401-841-3332, email@example.com;
___________article in forthcoming book MILCW -- Manual on International Law applicable to Cyber Warfare, to be published in 2012, Cambridge University Press; see http://www.ccdcoe.org/249.html (accessed on 3 March 2012);
Image source: www.asser.nl/asserpress/books/?rId=4206, accessed 14 June 2016
___________"Assessing Proportionality: Moral Complexity and Legal Rules", (2005) 8 Yearbook of International Humanitarian Law 3-53;
There may be no other term in international humanitarian law (hereinafter, IHL) which evokes such debate or controversy as ‘proportionality’. In part, this debate is a result of the nature of the term itself. The broad use of the term ‘proportionality’ in international law, combined with images of an almost scientific balancing of opposing interests on finely tuned scales of humanitarian justice, masks a much more complex and unclear reality. The degree to which contemporary discussion and, with it, the law camouflages the complex moral issues underlying the targeting ‘proportionality’ test is reflected in the fact that conventional law does not actually use the term. Rather, the question ‘at law’ is whether a loss of civilian life or damage to civilian property during the conduct of hostilities is ‘excessive in relation to the concrete and direct military advantage anticipated’.
The difficult questions presented when assessing proportionality during targeting arise in part because society is required to face the reality that ‘[i]n any armed conflict people are injured or killed and property is damaged or destroyed.’ Even more fundamentally, the assessment of ‘excessive’ killing or damage forces a qualitative assessment by ‘civilised’ peoples of the value of human life not only in relation to other humans but also with respect to property and ultimately politically-driven objectives related to the conduct of hostilities. Ultimately, the goal of warfare is to change the ‘mind’ of another state or other political entity. Yet, forcing one's will on another state by violent means inevitably results in civilians being put at risk ‘not because anyone set out to attack them, but only because of their proximity to a battle that is being fought against someone else’. (Source: https://www.cambridge.org/core/journals/yearbook-of-international-humanitarian-law/article/assessing-proportionality-moral-complexity-and-legal-rules/E8B63B6CAD82966E724B47A9438FE6FE, accessed 25 March 2017)
http://djcil.law.duke.edu/, accessed 12 February 2015
Ken Watkins, observer at the Commission, http://www.crethiplethi.com/turkel-commission-flotilla-raid-was-in-accordance-with-international-law/israel/2011/completely to the left, accessed 1 March 2015
___________see/ voir Biography of Brigadier Ken Watkin listing his publications -- Biographie du brigadier-général Ken Watkin donnant une liste de ses publications;
___________"Canada/United States Military Interoperability and
Humanitarian Law Issues: Land Mines, Terrorism, Military
Objectives and Tageted Killing", (July 2005) 15(2) Duke Journal of
Comparative & International Law 281-314;
available at http://www.law.duke.edu/journals/journaltoc?journal=djcil&toc=djciltoc15n2.htm
on 28 July 2008); also published at (2006) 1 JAG Les actualités -- Newsletter
Justice: Summary Proceedings and the Charter, thesis
submitted to Queen's University Faculty of Law for the LL.M.
degree, 1990, xii, 293,  p.; copy at Carleton
University, KE7160W3, Floor 4; Microfiche (negative). Ottawa
: National Library of Canada, 1992. 4 microfiches ; 11 x 15 cm.
(Canadian theses = Thèses canadiennes); put on line on 29 August
2012 -- thank you Mr. Watkin;
- Table of Contents;
- pp. i-xii and 1-149;
- pp. 150-293 and  p.;
The Canadian Charter of Rights and Freedoms has the potential to have considerable impact on the Canadian
military justice system. That impact may be particularly significant in relation to the summary proceedings
prescribed by the National Defence Act and its regulations. The summary trial system is the predominant forum
for the trial of service offences. It provides expeditious and uncomplicated proceedings, administered by
officers holding positions in the military chain of command who are directly responsible for maintenance
of discipline in the Canadian Forces. The Charter, as a constitutional document specifically designed to
protect individual rights, could potentially be viewed as a weapon with which to champion individual rights
at the expense of the operational effectiveness of the Canadian Forces. The main theme of this thesis is
that the Charter, rather than being seen as a vehicle for an attack on the military justice system, should
be viewed as providing an effective and pragmatic means of reconciling conflict between guaranteed rights
and freedoms and the need for a disciplined armed force." (source: AMICUS catalogue)
-- 1. Outline of summary proceedings. 1. Introduction. 2. Legal sources of disciplinary system. 3. Organization of the
Canadian Forces. 4. Canadian military justice system. 5. Summary proceedings. 6. Judicial review
-- 2. History of summary proceedings. 1. Introduction. 2. Early summary proceedings. 3. Our British roots. 4. The
National Defence Act, 1950 to the present. 5. Summary
-- 3. Role of summary proceedings : the maintenance of discipline. 1. Introduction. 2. The need for discipline.
3. The summary trial : uniquely designed to maintain disciplie. 4. Role of the Canadian
Forces. 5. Summary
-- 4. Summary proceedings : constitutional status and jurisdiction. 1. Introduction. 2. Constitutional status of military law.
3. Paramountcy. 4. The Supreme Court of Canada and paramountcy. 5. "Understanding" military/civilian jurisdiction. 6.
Summary trial jurisdiction. 7. Summary
-- 5. Independence and impartiality. 1. Introduction. 2. Application of the Charter. 3. Applicability of section 11 to
summary proceedings. 4. Independence and impartiality
-- 6. Fairness. 1. Introduction. 2. Application to Section 7. 3. Summary trial and fairness. 4. Summary
-- 7. Review/Appeal. 1. Introduction. 2. The right to appeal. 3. Review procedures
-- 8. Other free and democratic societies. 1. Introduction. 2. American summary proceedings. 3. British summary proceedings.
4. Lessons learned from foreign legislation
-- 9. Justification : the conflict between individual rights and the requirements o f discipline. 1. Introduction. 2. The
test. 3. Prescribed by law. 4. Applying the "Oakes" test. 5. Summary
-- 10. Constitutional waiver and the right to elect court martial. 1. Charter waiver. 2. The right to elect court martial
-- 11. Recommendations and conclusions. 1. Recommendations. 2. Conclusions." (source: catalogue of the Canadian Forces College)
___________"Centre of the
Jihadist Universe: Book review of Charles Lister's, Syrian Jihad: Al-Qaeda, The
Islamic State and the Evolution of an Insurgency",
Lawfare, July 11, 2016, available at https://www.lawfareblog.com/center-jihadist-universe (accessed 6 March 2017);
___________"Chemical Agents and Expanding Bullets: Limited Law Enforcement Exceptions or Unwarranted Handcuffs?" in Anthony M. Helm, ed., The Law of War in the 21st Century: Weaponry and the Use of Force, Newport R.I.: Naval War College, 2006, at pp. 193-218 (series; International Law Studies; vol. 82); available at http://www.usnwc.edu/Research---Gaming/International-Law/Studies-Series/documents/Naval-War-College-vol-82.aspx (accessed on 4 March 2012); also available at http://archive.org/stream/lawofwarin21stce82helm/lawofwarin21stce82helm_djvu.txt (accessed on 4 November 2014); available at http://stockton.usnwc.edu/cgi/viewcontent.cgi?article=1232&context=ils (accessed 2 July 2016); also published at (2006) Israel Yearbook on Human Rights 43 (noted in research 1 January 2016);
Image source: law.queensu.ca/sites/webpublish.queensu.ca.lawwww/files/files/Alumni%20Donors/lawReports2009.pdf, at p. 51, accessed 30 June 2016
From the left: Major Tammy Tremblay, Chris Raybould, Dean Bill Flanagan, Brigadier-General Kenneth
Watkin, Major Kim Maynard; and Chief Warrant Officer Trepanier
___________"Coalition Operations: A Canadian Perspective" in
Michael D. Carsten, ed., International
Law and Military Operations, Newport, R.I. : Naval
War College, 2008, xiii, 319 p., at pp. 251-262, (series;
International Law Studies; volume 84), ISBN: 9781884733550
and 1884733557; available at http://www.usnwc.edu/Research---Gaming/International-Law/Studies-Series/documents/Blue-Book-Vol--84.aspx
(accessed on 28 November 2011); also available at http://stockton.usnwc.edu/cgi/viewcontent.cgi?article=1152&context=ils
(accessed 28 August 2015); also available at http://stockton.usnwc.edu/cgi/viewcontent.cgi?article=1154&context=ils (accessed 26 December 2016);
___________"Combattants, Unprivileged Belligerents and Conflict in the 21st Century", (2003) Israel Defense Forces Law Review 69; with the same title at http://www.hpcrresearch.org/sites/default/files/publications/Session2.pdf (accessed on 22 May 2012); also with the same title in (2005) 1 Les actualités JAG Newsletter 44-52;
UN Photo/Helena Mulkerns
___________"Commentary: Children Accountability and Justice: Advancing Restorative Justice for Child Soldiers and Child Pirates", (2016) 1(1) Allons-y 53-57 available at http://www.childsoldiers.org/wp-content/uploads/2016/08/Allons-y-August2016-web.pdf (accessed 21 May 2017);
Image source: http://www.intlawgrrls.com/2012/10/on-richard-posner-peer-review-and-sexism.html, accessed 14 June 2016
___________"Controlling the Use of Force: A Role for Human Rights Norms in Contemporary Armed Conflict", (January 2004) 98(1) The American Journal of International Law 1-34; available at http://www.asil.org/ajil/watkin.pdf (accessed on 22 May 2012);
___________"The Cyber Road Ahead: Merging Lanes and Legal Challenges", (2013) 89 International Legal Studies 472-511; available at http://stockton.usnwc.edu/cgi/viewcontent.cgi?article=1038&context=ils (accessed 20 November 2015);
____________"Drones, the Mullah, and legal uncertainty: the law governing State defensive action", 11 July 2016; available at http://blog.oup.com/2016/07/drones-mullah-state-defensive-action/ (accessed 20 July 2016);
___________"Equality and the Military", available at http://www.cba.org/cba/annual/pdf/2006_watkin.pdf (accessed on 23 July 2008);
Image source: global.oup.com/academic/product/fighting-at-the-legal-boundaries-9780190457976?q=watkin&lang=en&cc=ca.#, accessed 14 June 2016
___________Fighting at the Legal Boundaries: Controlling the Use of Force in Contemporary Conflict, Oxford University Press, 2016, 728 pages, ISBN: 9780190457976; look inside at amazon.ca/Fighting-Legal-Boundaries-Controlling-Contemporary/dp/019045797X#reader_019045797X (accessed 11 April 2017);
[Table of Contents]
Table of Cases
PART I: INTRODUCTION
1. An Outline of the Challenges
PART II: THE INTERACTION BETWEEN NORMATIVE FRAMEWORKS
2. Controlling State Involvement in Conflict
3. Applying the Self-Defense Principles During Armed Conflict
4. States, "Proper Authority", and Conflict
5. The Humanitarian and Human Rights Law Interface
PART II: THE THREAT, THE STATE RESPONSE AND LEGAL UNCERTAINTY
6. Contemporary Threats: Insurgency and Terrorism
7. Counterinsurgency and Converging Norms
8. Counterterrorism and the "Away Game"
9. Non-State Actors and Armed Conflict
10. Self-Defense and the Protection of Nationals
PART IV: APPLYING FORCE ACROSS THE CONFLICT SPECTRUM
11. Law Enforcement and "Self-Defense"
12. The Narrow Operational and Normative Gap
13. The Limits of Law Enforcement
PART V: THE WAY AHEAD
14. A Holistic Solution
15. Preparing for 21st Century Warfare
Appendix 1: Confronting Transnational Violence: A Holistic Approach
Index [source: https://global.oup.com/academic/product/fighting-at-the-legal-boundaries-9780190457976?q=watkin&lang=en&cc=ca.#, accessed 14 June 2016]
___________"Guest Lecture Brigadier-General (ret'd) Kenneth Watkin, Wed February 15, 2017", Location: Nathanson Centre, Osgoode Hall Law School, Toronto; on YOU TUBE, available at https://www.youtube.com/watch?v=yASZic2wWw8 (accessed 5 April 2017);
Principles for the Office of the JAG / Principes directeurs
pour le cabinet du JAG", (2007) 1 JAG Les actualités
____________"History, nor tradition have impeded military justice reform: JAG Watkin", The Hill Times, 14 December 2009, p. 9;
__________"History of Summary Proceedings", in Office of the Judge Advocate General, Summary Trial Working Group, Summary Trial Working Group Report, Ottawa, 2 March 1994, 2 volumes, at volume 2, Appendix B, 27 p.; available at Annex A to D; François Lareau obtained a copy of these two volumes in two pdf files with Department of National Defence, Acess to Information and Privacy's letter dated 28 June 2012, file A-2012-00340 to François Lareau;
Image source: www.amazon.com/Testing-Boundaries-International-Humanitarian-Law/dp/0903067994?ie=UTF8&*Version*=1&*entries*=0, accessed 14 June 2016
___________"Humanitarian Law and 21st Century Conflict: Three Blocks Wars, Terrorism and Complex Security Situations" in Susan Breau and Agnieszka Jachec-Neale eds, Testing the Boundaries of International Humanitarian Law, London: British Institute of International and Comparative Law, 2006, at pp. 1-46;
Image source: http://www.brill.com/new-wars-new-laws-applying-laws-war-21st-century-conflicts, accessed 14 June 2016
___________ "Humans in the Cross-Hairs: Targeting, Assassination amd Extra-Legal Killing in Contemporary Armed Conflict" in David Wippman & Matthew Evangelista, eds., New Wars, New Laws? Applying the Laws of War in 21st Century Conflicts, Ardsley, N.Y. : Transnational Publishers, 2004, at p.167, ISBN: 1571053158; copy at Ottawa University, KZ 6355 .N49 2005;
___________"The ICRC Updated Coemmentaries Reconciling Form and Substance, Part I", Just Security, 24 August 2016, available at https://www.justsecurity.org/32538/icrc-updated-commentaries-reconciling-form-substance/ (accessed 6 March 2017) and "The ICRC Updated Coemmentaries Reconciling Form and Substance, Part II", Just Security, 30 August 2017, available at https://www.justsecurity.org/32608/icrc-updated-commentaries-reconciling-form-substance-part-ii/ (accesssed 6 March 2017);
____________"JAG Change of Appointment Ceremony / Passation des fonctions du JAG", (2007) 1 JAG Les actualités Newsletter 5-9;
series: Guest blogger Ken Watkin on the overlap of IHL and
IHRL", ICRC Intercross Blog, 5 September 2014, available
for Part I and at http://intercrossblog.icrc.org/blog/joint-series-where-ihl-and-ihrl-intersect-part-ii-ken-watkins-guest-post
for Part II (accessed on 15 February 2015);
____________"The Justification of Discrimination under Canadian Human Rights Legislation and the Charter: Why So Many Tests?", (1992) 2 National Journal of Constitutional Law 63;
____________"The Law and Future Officer Professional Development 2020", (July-October 2000) 3 JAG Newsletter Bulletin d'actualités 11-17;
___________"Le droit et le perfectionnement professionnel des officiers en 2020", (July-October 2000) 3 JAG Newsletter Bulletin d'actualités 17-23;
___________"Legal Aspects of Internal Security: A Soldier's Protections and Obligations" Part I, (1985) 1 Canadian Forces Judge Advocate General Journal 51-79 and Part II at (1987) 2 Canadian Forces Judge Advocate General Journal 5-30;
___________«Aspects Légaux de la Sécurité Intérieure Protections et Obligations d'un Soldat », partie I, (1985) 1 Revue du JAG des Forces canadiennes 54-85 et partie II, (1987) 2 Revue du JAG des Forces canadiennes 5-32;
___________"The legal framework applicable to the transfer of detainees [in Afghanistan]" (March/Mars 2010) Sword & Scale -- Salut militaire; available at http://www.cba.org/CBA/newsletters-sections/2010/2010-02_military.aspx and http://www.cba.org/CBA/newsletters-sections/2010/2010-02_military.aspx#article2 (accessed on 29 April 2012);
___________"Le cadre juridique applicable au transfert des prisonniers [en Afghanistan]" (March/Mars 2010) Sword & Scale -- Salut militaire; disponible à http://www.cba.org/cba/newsletters-sections/pdf/03-10-salut_militaire.pdf (site visité le 29 avril 2012);
___________"Letter to the Editor : 'Lines in the Sand'--A Reply to Professor Haque", Just Security, 24 October 2016; available at https://www.justsecurity.org/33792/letter-editor-lines-sand-a-reply-professor-haque/ (accessed 26 October 2016)
source: http://journals.cambridge.org, accessed 15 February 2015
___________"Maintaining Law and Order during Occupation: Breaking the Normative Chains", (2008) 41 Israel Law Review 175-200; available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1293302 (accessed on 5 June 2012);
Ken Watkin, video still
___________"Military Advantage: A Matter of Strategy and Tactics?, Session 6, "Broadening the Definition of Military Objective", Video: The 8th Annual Minerva/ICRC International Conference on International Humanitarian Law The 8th
Annual Minerva/ICRC International Conference on International
Humanitarian Law, Hebrew University, Jerusalem on
November 24-25, 2013, The topic of the conference: "Military Objectives and Objects of War: An Uneasy Relationship", available at http://www.alma-ihl.org/ihl-videos/Minerva8thnov2013, the starting point for Ken Watkin is at 51:25;
___________"Military Advantage: A Matter of 'Value', Strategy and Tactics", (2014) 17 Yearbook of International Humanitarian Law 277-364; see abstract at http://link.springer.com/chapter/10.1007/978-94-6265-091-6_13 (accessed 13 February 2016);
___________"Military summary trials: A response" (March/Mars 2010) Sword & Scale -- Salut militaire; available at http://www.cba.org/CBA/newsletters-sections/2010/2010-02_military.aspx and http://www.cba.org/CBA/newsletters-sections/2010/2010-02_military.aspx#article5 (accessed on 30 April 2012);
__________"Les procès militaires sommaires: réplique à Michel Drapeau" (March/Mars 2010) Sword & Scale -- Salut militaire; disponible à http://www.cba.org/cba/newsletters-sections/pdf/03-10-salut_militaire.pdf (site visité le 30 avril 2012);
___________"A Necessary Discussion About International Law: A review of Jens David Ohlin and Larry May's Necessity in International Law (Oxford University Press, 2016)", available at https://lawfareblog.com/necessary-discussion-about-international-law (accessed 6 May 2017)
___________"Office of the Judge Advocate General", available
(accessed on 23 February 2012); handout made by BGen Watkin
at the 2009 Judicial Conference and Continuing Legal
Education of the United States Court of Appeals for
the Armed Forces, March 4-5, 2009, see http://web.archive.org/web/20100527112029/http://www.armfor.uscourts.gov/Conference2009Handout.htm
(accessed on 23 February 2012);
___________"Non-international Armed Conflict in the 21st Century", Opening Remarks, U.S. Naval War College , 21 June 2011, 24 minutes, 32 seconds, available on You Tube at http://www.youtube.com/watch?v=OSou641HHDU(accessed on 2 November 2012);
___________"Opening Remarks -- Non-International Armed Conflict in the 21st Century", 21 June 2011, 24:32 minutes, available at https://www.youtube.com/watch?v=OSou641HHDU (accessed 1 January 2016);
____________"The Operational Lawyer: An Essential Resource for the Modern Commander", 16 p.; available at http://web.archive.org/web/20060709045855/http://www.forces.gc.ca/jag/operational_law/TheOperationalLawyer_e.pdf (accessed 30 November 2015);
___________"L'avocat spécialiséen droit opérationel : Une personne ressource essentielle pour le commandant d'aujourd'hui", 16 p., disponibe à http://web.archive.org/web/20060816023013/http://www.forces.gc.ca/jag/operational_law/TheOperationalLawyer_f.pdf (vérifié 30 novembre 2015);
___________"Opportunity Lost: Organized Groups and the ICRC 'Direct Participation in Hostilities' Interpretative Guidance", (2010) 42 New York University Journal of International Law and Politics 641-695; available at http://www.law.nyu.edu/ecm_dlv4/groups/public/@nyu_law_website__journals__journal_of_international_law_and_politics/documents/documents/ecm_pro_065932.pdf (accessed on 29 February 2012);
___________"Other Free and Democratic Societies", in Office of
the Judge Advocate General, Summary Trial Working Group, Summary
Trial Working Group Report, Ottawa, 2 March 1994, 2 volumes,
at volume 2, Appendix H, 33 p.; available at Annex G to L;
François Lareau obtained a copy of these two volumes in two pdf
files with Department of National Defence, Acess to Information
and Privacy's letter dated 28 June 2012, file A-2012-00340 to
___________"Outline of Summary Proceedings", in Office of the Judge Advocate General, Summary Trial Working Group, Summary Trial Working Group Report, Ottawa, 2 March 1994, 2 volumes, at volume 2, Appendix A, 29 p.; available at Annex A to D; François Lareau obtained a copy of these two volumes in two pdf files with Department of National Defence, Acess to Information and Privacy's letter dated 28 June 2012, file A-2012-00340 to François Lareau;
___________"The Overlap of IHL and IHRL, Parts I and II", ICRC Intercross , 10 September 2014, available at http://intercrossblog.icrc.org/blog/joint-series-where-ihl-and-ihrl-intersect-part-ii-of-ken-watkins-guest-post and 6 September 2017 at http://www.ejiltalk.org/transnational-dialogue-on-international-law-and-armed-conflict-ken-watkin-on-the-overlap-between-ihl-and-ihrl/ (accessed 6 March 2017);
___________"Panel Discussion: The Road Ahead", Conference Cyber War and International Law, International Law Department 2012 Annual Conference, available at https://www.youtube.com/watch?v=v-3ZxvuN0eo (accessed 1 January 2016);
Ken Watkin, on the right
___________"Panel Discussion: National Security Advisors: Advising Governments on Military Force and National Security", New York University. Svhool of Law, Center on Security and Law, 8 February 2013, available at https://www.youtube.com/watch?v=mXBXTN1Sdww (accessed 1 Juanuary 2016);
___________"The President's Speech, Al Qaeda and the Legal Challenge of the Future", Wednesday, June 4, 2014 at 1:45 PM; available at http://justsecurity.org/11197/guest-post-presidents-speech-al-qaeda-legal-challenge-future/ (accessed on 14 September 2014);
___________"Reflections on Targeting: Looking in the Mirror", Just Security, 16 June 2016, available at https://www.justsecurity.org/31513/reflections-targeting-mirror/ (accessed 6 March 2017);
___________" 'Small Wars': The Legal Challenges", in Kenneth Watkin and Andrew J. Norris, eds., Non-International Armed Conflicts in the Twenty-first Century, Newport, R. I. : Naval War College, 2011, at pp. 1-12 (series; International Law Studies; vol. 88); available at https://www.usnwc.edu/Research---Gaming/International-Law/New-International-Law-Studies-%28Blue-Book%29-Series/International-Law-Blue-Book-Articles.aspx?Volume=88 (accessed on 28 November 2012);
Source of image: www.amazon.com/War-Afghanistan-Analysis-International-Studies/dp/1782662375?ie=UTF8&*Version*=1&*entries*=0, accessed 14 June 2016
___________"Stability Operations : A Guiding Framework for 'Small Wars' and other Conflicts of the Twenty-First Century", in Michael N. Schmitt, editor, The war in Afghanistan : a legal analysis, Newport, RI : Naval War College ; Washington, D.C. : For sale by the Supt. of Docs., U.S. G.P.O., 2009, xxix, 567 p.; chapter XVI, pp. 411-430, 24 cm. (series; International law studies; v. 85), ISBN: 9781884733642 (cloth) and 1884733646 (cloth); available at http://www.usnwc.edu/Research---Gaming/International-Law/Studies-Series/documents/Vol-85-Web1.aspx (accessed on 4 March 2012); also available in part at http://books.google.ca/books?id=RRcuvUD9UPoC&pg=PA411&dq=Kenneth+watkin&hl=en&ei=lzEoTKizL8T6lwe29YWlCg&sa=X&oi=book_result&ct=result&redir_esc=y#v=onepage&q=Kenneth%20watkin&f=false(accessed on 1 November 2014); also available at http://stockton.usnwc.edu/cgi/viewcontent.cgi?article=1131&context=ils(accessed 20 November 2015);
___________"Sustaining the War Effort: Targeting Islamic State Oil Facilities", Just Security, 3 October 2014, available at http://justsecurity.org/15890/sustaining-war-effort-targeting-islamic-state-oil-facilities/ (accessed 15 February 2015);
___________"Targeting in Air Warfare", (2014) 44 Israel Year Book on Human Rights 1;
___________"Ciblage: pragmatisme et monde réel", (été 2005) 8(2) Le Journal de l'Armée du Canada 75-84; disponible à http://www.army.forces.gc.ca/caj/documents/vol_08/iss_2/CAJ_vol8.2_08_f.pdf (vérifié le 29 février 2012); également publié dans (2006) 1 JAG Les actualités -- Newsletter 69-73;
___________ testimony of Brigadier-General Kenneth W. Watkin, in Parliament, House of Commons, Special Committee on the Canadian Mission in Afghanistan, Evidence, number 014, 4 November 2009 (40th Parliament, 2nd Session), available at http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=4209808&Language=E&Mode=1&Parl=40&Ses=2 and http://www.parl.gc.ca/content/hoc/Committee/402/AFGH/Evidence/EV4209808/AFGHEV14-E.PDF; for more information on the committee, see http://www.parl.gc.ca/CommitteeBusiness/CommitteeHome.aspx?Cmte=AFGH&Mode=1&Parl=40&Ses=2&Language=E (accessed on 18 March 2012);
Image source: https://www.icrc.org/en/international-review-past-issues, accessed 14 June 2016
___________"Use of force during occupation : law enforcement and conduct of hostilities", (Spring 2012) International Review of the Red Cross, volume 94, number 885 at pp. 267-315, available at https://www.icrc.org/en/international-review/article/use-force-during-occupation-law-enforcement-and-conduct-hostilities (accessed 7 January 2016);
___________"Warriors, Obedience and the Rule of Law", (Winter 2000/Spring 2001) 3(4) and 4(1) The Army Doctrine and Training Bulletin 24-30; available at http://www.army.forces.gc.ca/caj/documents/vol_03/iss_4/CAJ_vol3.4_08_e.pdf (accessed on 2 August 2008);
___________"Guerriers, obéissance et primauté du droit", (Hiver 2000 / Printemps 2001) 3(4) et 4(1) Le Bulletin de doctrine et d'instruction de l'Armée de terre 24-31; disponible à http://www.army.forces.gc.ca/caj/documents/vol_03/iss_4/CAJ_vol3.4_08_f.pdf (vérifié le 2 août 2008);
___________Warriors Without Rights? Combatants, Unprivileged Belligerents, and the Struggle Over Legitimacy, HPCR (Harvard Program on Humanitarian Policy and Conflict Research) Occasional Paper series, number 2, winter 2005, 77 p.; notes: Program on Humanitarian Policy and Conflict Research , Harvard University; available at http://www.hpcrresearch.org/sites/default/files/publications/OccasionalPaper2.pdf (accessed on 29 February 2012);
WATKIN, Kenneth W. (Kenneth William), 1954-, and Zenon
Debrot, "The Operational Lawyer: An Essential Resource for the
Modern Commander", 16 p., available at XHTML Version
and PDF Version
(accessed on 28 February 2015);
WATKIN, Kenneth W. (Kenneth William), 1954-, et Zenon Debrot, "L'avocat opérationnel : une ressource essentielle pour un commndant moderne", 18 p., disponible en Version XHTML et Version PDF (vérifié le 28 février 2015);
WATKIN, Kenneth W. (Kenneth William), 1954-, Rich Gross and Michael Meier, panelists and Geoff Corn moderator, "Middle East Conflicts and the Law of Armed Conflict", University of Virginia School of Law, Published on 10 March 2017, available at https://www.youtube.com/watch?v=d2SpmKwkXIM (accessed on 7 May 2017);
WATSON, Blair, "Ethics and the Canadian Forces", autumn 2010,
(minor edits made on 26 July 2011), available at http://www.blairwatson.net/Ethics_and_the_Canadian_Forces.htm
(accessed on 21 May 2012); Blair Watson is a Contributing Editor,
FrontLine Defence Magazine; article also available at http://www.frontline-canada.com/Defence/index_archives.php?page=1502
(accessed on 22 May 2012);
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WATSON, Brent Byron, Far Eastern Tour: The Experiences of the Canadian Infantry in Korea, 1950-53, Montreal & Kingston: McGill-Queen’s University Press. 238 pages, ISBN 0-7735-2372-3;
___________ Far Eastern Tour: The Experiences of the Canadian Infantry in Korea, 1950-53, Ph.D. thesis in Philosophy, Department of History, University of Victoria, 1999, v, 418 leaves, and see "Morale and Discipline" at pp. 360-395, available at http://www.nlc-bnc.ca/obj/s4/f2/dsk1/tape9/PQDD_0001/NQ41363.pdf (accessed 9 January 2016);
The austere conditions in Korea, coupled with the Department of National Defence's inability to provide even the most basic comforts to
troops in the field, led to the introduction of two policies designed to sustain the morale of Canadian fighting men: annual rotation and
Rest and Recreation leave. Neither enjoyed complete success, and as the war dragged on and the ineffectiveness of the official policies
became apparent, the officers and men of the 25th Brigade found themselves increasingly reliant on the traditional tonic for military
lugubriousness: alcohol. [p. 360]
The rest of the Canadian courts martials in Korea were for violent criminal offenses, such as murder, rape, manslaughter, robbery with violence,
and attempted murder. These have been covered elsewhere, and need not be re-examined here.85 Suffice it to say that very few men who were
actually found guilty of these crimes served their full sentences after being returned to Canada. Indeed,"most soldiers found guilty of the murder
or rape of Korean civilians were released within a year or two, regardless of the original sentences passed by military judges.86 This travesty
of justice was yet another example of the institutional racism that seems to have permeated the upper echelons of the Department of National
Defence. Yet, the failure of Canadian military justice at the highest levels can hardly be blamed on Canadian field commanders. The evidence
clealy indicates that they immediately took the appropriate disciplinary action in cases involving serious criminal offenses, whether perpetrated
against civilians or fellow soldiers.87 [pp. 391-392]
85. See Ibid. [Madsen, "The Canadian Army and the Maltreatment of Civilians," Table 2]
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Regiment of New York, 1782", (May/Mai 2011) Sword & Scale -- Salut militaire;
available at http://www.cba.org/cba/newsletters-sections/2011/2011-03_military.aspx
(accessed on 30
WATT, Gavin K., "La cour martiale du sous-lieutenant Thomas Prenties, Compagnie Grenadier, 1er Battalion, King's Royal Regiment of New York, 1782", (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#article5 (site visité le 30 avril 2012);
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WATTS, Richard, "Navy commander drunk, groped U.S. sailor, court martial hears, Times Colonist, 11 August 2016; available at http://www.timescolonist.com/news/local/navy-commander-drunk-groped-u-s-sailor-court-martial-hears-1.2320687 (accessed 9 January 2017); court martial of Commander Joshua Yanchus who was acquitted by the President Colonel Mario Dutil; defence counsel was David Bright.
WEAFER, Andrew, "2010 Sword & Scale Essay Competition Pize
Winner: Tear Gas: A Humane
Method of Warfare" (May/Mai 2011) Sword & Scale -- Salut militaire;
available at http://www.cba.org/cba/newsletters-sections/2011/2011-03_military.aspx
(accessed on 30
WEAFER, Andrew, "Le gagnant du concours de dissertation Salut militaire 2010: 'Les gaz lacrymogènes : un moyen de guerre humain' ", (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#article2 (site visité le 30 avril 2012);
WEATHERSTON, Alex, Fiduciary duty in the relationship of aboriginal peoples and the Canadian military, LL.M. thesis, University of Ottawa, 1993, ix, 216 p.; available at http://www.ruor.uottawa.ca/en/bitstream/handle/10393/6949/MM82536.PDF?sequence=1 (accessed on 27 November 2011); copy at Ottawa University, Fauteux Library KE 7709 .W43 1993; research note in 2014 Alex Weatherston was Legal Counsel from the Office of the Legal Advisor to the Department of National Defence and the Canadian Forces;
___________Testimony of Lieutenant-Colonel Alex Weatherston, member, National Defence Act Amendment Team, Department of National Defence on Bill C-25, an Act to amend the National Defence Act and to make consequential amendments to other Acts :
- before the Standing Senate Committee on Legal and Constitutional Affairs on 6 October 1998, Issue 34, see minutes and evidence;
- before the Standing Senate Committee on Legal and Constitutional Affairs on 7 October 1998, Issue 35, see minutes and evidence;
WEAVER, Eric J., "Employment protection for the Reserves"
(July/Juillet 2007) Sword
& Scale -- Salut militaire;
available at http://www.cba.org/CBA/newsletters/mil-2007/news.aspx#top
25 April 2012);
WEAVER, Eric J., "Sécurité d'emploi pour les réservistes" (July/Juillet 2007) Sword & Scale -- Salut militaire; disponible à http://www.cba.org/abc/nouvelles/mil-2007/nouvelles.aspx#article1 (site visité le 25 avril 2012);
___________"The Military Law Centre" (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/2009/2009-05_military.aspx#article8 (accessed on 28 April 2012);
___________"Le Centre de droit militaire vise droit dans le mille" (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#article3 (site visité le 28 avril 2012);
Magdalena Siepka, http://cbanational.rogers.dgtlpub.com/2009/2009-06-30/pdf/no_life_like_it.pdf, accessed on 11 April 2014
WEAVER, Eric and Magdalena Siepka, "Update on legislation related
to the CF Reserve Force"
(May/Mail 2009) Sword & Scale -- Salut militaire;
available at http://www.cba.org/CBA/newsletters-sections/2009/PrintHTML.aspx?DocId=37322#top
28 April 2012);
WEAVER, Eric et Magdalena, Siepka, "Nouvelles protections législatives des emplois des réservistes" (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#article8 (site visité le 28 avril 2012);
WEBB, Chris, "Canada Plans Blinding Laser Weapons for Afghanistan", from Canwest News Service, 18 July 2008, available at https://canadiandimension.com/blog/view/canada-plans-blinding-laser-weapons-for-afghanistan (accessed 7 January 2016);
Armed with legal advice that the systems can be classified as warning devices, the Canadian military wants to proceed with the purchase of laser weapons designed to temporarily blind people.
But a group opposed to the purchase of the equipment says any use of the so-called “laser dazzlers” in Afghanistan violates international law and sets a dangerous precedent.
The senior military leadership has recommended the purchase, and the $10-million project is now awaiting approval from Defence Minister Peter MacKay. Defence insiders say the military’s lawyers examined the legalities of using the devices on Afghans, and concluded the systems are not laser weapons and can be deemed warning devices. MacKay is expected to approve the purchase.
But Anthony Salloum, program director at the Rideau Institute in Ottawa, said Canada would be violating its international obligations by using the dazzlers on Afghans. Canada has ratified a treaty that prevents the use of weapons that cause permanent blindness. ...
Image source: law.georgetown.edu/academics/academic-programs/graduate-programs/sjd/alumni-profiles/diane-webber.cfm, accessed 26 February 2017
WEBBER, Diane, Preventive detention of terror suspects: a new legal framework, Abingdon, Oxon ; New York, NY : Routledge, 2016, xxx, 295 pages ; 24 cm, ISBN:9781138936898 (information from Hollis catalogue, Harvard University)
Routledge Research in Terrorism and the Law Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Contents : Detention provisions in human rights treaties and Geneva Conventions. Introducing the treaties -- Detention provisions -- Derogation -- Due process and conclusions to part I -- The seven countries. United Kingdom -- Three countries with strong foundations in British law : Australia : Canada : India -- Israel -- France -- United States -- Recommendations.
Image came with the article
Nic Weigelt obtained his B.A. (Honours 1st Class - Political Science) from Simon Fraser University, and his Bachelor of Laws from the University of Alberta.
He was called to the Bar of British Columbia in 1998 and to that of the Yukon in 2009. He has practiced principally criminal law and civil litigation at both
levels of trial court in British Columbia and the Yukon. His familiarity with aircraft, livestock, wildlife, guide-outfitting and other back country operations
contributed to a strong regulatory law practice in wildlife and air law. In 2007, he joined MW Law Offices as a partner litigating civil matters while maintaining
his criminal and regulatory law practice.
Mr. Weigelt was a serving officer in the Canadian Forces (CF) Reserves for 20 years and was awarded the Canadian Forces Decoration (CD). He served as an
infantry platoon commander, company second-in-command, and operations officer. He obtained his parachute jump qualification in 1991 and served as the
commander of an airborne platoon tasked to the former Canadian Airborne Regiment. In 2003, he rebadged to legal officer and joined the Directorate of
Defence Counsel Services of the Judge Advocate General, where he eventually held the position of Defence Counsel West representing military personnel
in courts martial across Canada. He retired from the CF in 2010 and is a member of the Canadian Infantry Association.
[read the rest at: mwlawoffices.ca/nic-weigelt/, accessed 13 October 2017]
source: http://ukcatalogue.oup.com, accessed 15 March 2015
WEILL, Sharon, The role of national courts in applying
international humanitarian law, Oxford: Oxford University
Press, 2014, 240 p., ISBN: 978-0-19-968542-4;
The second chapter presents the avoiding role of courts. Courts, motivated by policy considerations, avoid exercising their jurisdiction over a given case. This chapter first analyses at a theoretical level the construction of the act of state and political question doctrines. Secondly it observes the de facto selective application oft hese doctrines by different courts in the United States, Canada, and Israel (p. 3 of the book, at http://fdslive.oup.com/www.oup.com/academic/pdf/13/9780199685424_prelim.pdf, accessed 15 March 2015)
Image source: https://www.fangerlaw.com/team-member/nick/, accessed 27 September 2016
Nicholas P. Weiss
WEISS, Nicholas P., "Somebody's Else's Problem: How the United States and Canada Violate International Law and Fail to Ensure the Prosecution of War Criminals", (2012) 45(1-2) Case Western Reserve Journal of International Law 579-609; available at http://law.case.edu/journals/jil/Documents/45CaseWResJIntlL1&2.27.Note.Weiss.pdf (accessed 20 February 2015);
WELCH, Steven R., "Military Justice" in 1914-1918, on line International Encyclopedia of the First World War, available at encyclopedia.1914-1918-online.net/article/military_justice (accessed 9 October 2016);
This essay offers a comparative survey of the practice of military justice among several of the key belligerent powers. Accused soldiers enjoyed little in the way
of legal protection, and punishment was generally swift and often harsh. Decisions about the severity of punishment could vary considerably from case to case
depending on the current war situation and the state of morale and discipline in selected units. Thousands of soldiers were executed by firing squad for the crimes
of desertion, mutiny and cowardice. The primary purpose of military justice was to maintain soldierly discipline; achieving justice in individual cases was a secondary concern
WELLS, Clyde Kirby, 1937-, see biographical notes at http://www.21inc.ca/index.php/fr/a-propos/conseillers/item/355-wells-hon-clyde-kirby-b-a-ll-b-ll-d-hon (accessed 13 December 2015); former Premier of Newfoundland & Labrador; JAG officer 1962-1964;
(vérifié le 16 mai 2015)
WELSH, Jennifer, "Beyond War and Peacekeeping. With armed conflict in steady decline, the usual debates over Canada’s military seem increasingly dated", June 2012, Literary Review of Canada; available at http://reviewcanada.ca/magazine/2012/06/beyond-war-and-peacekeeping/ (accessed 16 May 2015);
Human Rights and Armed Conflict
Of the many transformations that have occurred in the causes and conduct of armed conflict, including those wrought by revolutions in technology, two stand out.
The first can be broadly described as the increasing prominence of the individual, rather than the sovereign state, in the practice and law of armed conflict. This trend, which is both linked to and fuelled by parallel developments in human rights, has had three principal effects.
First and foremost, it has made the individual one of the central reasons for going to war. So whereas conflicts in previous centuries were about the gain of territory or resources, or defence against attack, many contemporary conflicts have as one of their central purposes the protection of individuals’ physical security. The action led by the North Atlantic Treaty Organization (NATO) in Libya last year is the culmination of this trend.
Second, the individual has become an accountable agent for certain criminal acts undertaken during the course of war (whether at the level of commander or soldier), as witnessed by the recent extraordinary trial of former Liberian president Charles Taylor, accused of sponsoring atrocities in neighbouring Sierra Leone.And third, the centrality of the individual means that international humanitarian law—the law applicable in wartime—is no longer purely a body of reciprocal legal rules agreed to by sovereign states to limit their conduct during war, in order to minimize the suffering of innocents. Instead, those who become embroiled in armed conflict are still seen to possess their core human rights, regardless of what the warring parties believe they need to do out of “military necessity.”3
Karol Wenek (first one on the left), before House of Commons Status of Women Committee, 27 November 2012; image source: http://www.hilltimes.com/civil-circles/2012/12/10
/statistics-on-harassment-in-canadian-forces-and-national-defence-leave/33104, accessed on 13 November 2014; on the right is Lt.-Col. Mark Gendron, director of
law military personnel, Office of the Judge Advocate General at DND, see also https://www.hilltimes.com/2012/12/07/statistics-on-harassment-in-canadian-forces-and-
national-defence-leave-false-impression-of-few-incidents-dnd-ombudsmans-office/23104 (accessed 2October 2016)
WENEK, Karol W.J., Project Director CF Leadership Doctrine, Looking Back: Canadian Forces
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and Studies, Kingston: Canadian Forces Leadership
WERNER, Hans, "Of moral ambiguity ; It was politics, not justice or military necessity, that led Ottawa to order the 1945 execution of a young private", Toronto Star, Nov 10, 2002, p. D12;
Description: The Canadian government was so ashamed of the affair that it sealed the [Harold Pringle] file for 40 years and kept the execution out of official military records. The file might have stayed buried if freelance writer Andrew Clark hadn't got his hands on it through the Freedom of Information Act. After a two-year investigation, which included talking to men who knew Pringle, the result is Clark's first book, A Keen Soldier: The Execution Of Second World War Private Harold Pringle. It's a powerful debut, written in a vivid but admirably controlled style, which only serves to intensify the passion for the truth, and compassion for the soldiers, that burns through its pages. Clark was put on to the story by his grandfather, Major Tom Jamieson, who narrowly missed leading Pringle's firing party, and for whom the whole affair remained a bitter memory of what he contemptuously referred to as "military justice." Not that the execution was really all that much of a secret. In 1958, another veteran of the Italian campaign, Captain Colin McDougall, who attended Pringle's court martial, made it the basis of his novel, Execution, which became a bestseller and won the Governor-General's Award. Whatever Pringle may or not have been guilty of, the decision to shoot him had nothing to do with the alleged crime. After all, eight other Canadian soldiers had been convicted of murder during the war- even of killing their officers- yet none were shot. The reason Pringle was executed was to satisfy the Brits, who had already shot two of their members of the Sailor Gang. Failure to do the same with Pringle would have been taken as an affront to British Military Justice, and, in some twisted minds, create the impression that Canadians were soft. (source: http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page&pag=nxt&pageNumberComingFrom=1&frbg=&&fn=search&indx=1&dscnt=0&scp.scps=primo_central_multiple_fe&vid=01LOC&mode=Basic&ct=search&srt=rank&tab=default_tab&dum=true&vl(freeText0)=Ottawa%20%22military%20justice%22&dstmp=1471614813963, accessed 19 August 2016);
From the left: Catherine Gribbin, Christopher Waters, Valerie Oosterveld,
Andrew Carswell, and Alexander Bolt.
WESTERN LAW, "Law Forum explores impact of new weapons technology", Faculty News, 2014, news archives, available at http://law.uwo.ca/news/2014/new_weapons_new_laws_focus_of_westernwindsor_international_humanitarian_law_forum_.html (accessed 17 August 2016);
Juanita Westmoreland-Traoré, source de l'image: http://publications.mcgill.ca/droit/2012/02/07/equality-conference/,
visité 8 janvier 2015;
WESTMORELAND-TRAORÉ, Juanita, "Droit humanitaire et droit
d'intervention", (2003-2004) 34 Revue de droit de l'Université de Sherbrooke [R.U.D.S.] 157-196;
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(vérifié le 8 janvier 2015);
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Content Description: [...]the "hardest one is the moral dilemma and the moral destruction of having to face children."
Intelligence officers, it says, should report on the presence of child soldiers and how they are being used. Soldiers deployed
in areas with child fighters should be prepared psychologically, trained to handle confrontations with kids and assessed by
psychologists when they return. The authors of the new directive seem to be aware that a policy to shoot child soldiers...
Image source: thechronicleherald.ca/artslife/1123081-fighting-to-let-children-be-children, accessed 21 May 2017
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WHITWORTH, Sandra, Men, Militarism,*********************** ; available at (accessed 26 May 2017);
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___________ "The Somalia Inquiry - Ugly Questions Go Unasked, Unanswered", The Globe and Mail, commentary page, 14 February 1997, p. A27, reproduced at http://www.yorku.ca/sandraw/SOMALIA.pdf (accessed 19 December 2015);
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justice : the British practice since 1689, especially in North
America, Chicago : University of Chicago Press, ,
xxxii, 346 p. : col. port. ; 24 cm. NOTES: Bibliography: p.
-337; copy at the The Canadian War Museum’s Military History Research Centre;
From the first Mutiny Act to the first camp follower article of war -- The Seven Years War: Germany and France. Cuba, the Philippines, and the Floridas. Canada
-- Restrictions on military jurisdiction over non-military persons: Civilians in the American wilderness. Members of the Royal Navy. Civilians on Minorca
-- Military relations with civilians and the civil power in America, 1765-1775 -- The War of American Independence (pt. 1): Civilians with the British Army.
Six occupied cities: Boston ; New York: Hayes the privateer owner. Captain Lippincott of the Associated Loyalists. Duryee, Todd, and Fighliman. Trial of the
counterfeiters. Cornelius Hetfield. The jurisdictional enigma of the evacuation -- The War of American Independence (pt. 2): Six occupied cities, continued: Newport ;
Philadelphia ; Savannah ; Charleston, South Carolina. Burgoyne's campaign -- Judge Advocates General and their deputies in America: the earliest judge advocates
general. Charles Gould, DJAG and JAG. John Appy, DJA. Hector Theophilus Cramahé, DJA. Stephen Payne Adye, DJA -- Wellington's army -- Jurisdictional law
and practice fro Waterloo to Suez: The post-Waterloo Mutiny Acts. Jurisdiction over followers of the Indian Army. Consolidation of the Military Code. Jurisdiction
under martial law -- The Army and Air Forces Acts 1955 : Extension of American military jurisdiction over civilians accomapnying the Army abroad. Similar
British extension patterned on American example. Fall of the American military jurisdiction over accompanying civilians. Actual exercise of British military
jurisdiction over civilians abroad. (source for contents: jag.iii.com/search~S1?/Xmilitary+law+Canada&searchscope=1&SORT=D/Xmilitary+law+Canada&
searchscope=1&SORT=D&SUBKEY=military+law+Canada/1%2C5%2C5%2CB/frameset&FF=Xmilitary+law+Canada&searchscope=1&SORT=D&5%2C5%2C, accessed 12 May 2017)
WIKI 2 -- WIKIPEDIA REPUBLISHED, "Somalia Affair", available at
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WIKIPEDIA -- THE FREE ENCYCLOPEDIA,
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(accessed on 9 January 2012);
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___________"Code of Service Discipline", available at (accessed on 24 March 2012);
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___________"Tallin Manual", available at http://en.wikipedia.org/wiki/Tallinn_Manual (accessed on 31 October 2014);
___________"Timeline of the Canadian Afghan detainee issue" (accessed on 7 September 2016); IMPORTANT DOCUMENT; available at https://en.wikipedia.org/wiki/Timeline_of_the_Canadian_Afghan_detainee_issue)
WILLIAMS, Liz, University of Victoria and CAF, "Soldiers Like Rules: An Examination and the Necessity and Desirability of ROE to Soldiers in the Field", paper, The Second Military and Oral History Conference: Between Memory and History, Victoria, BC, Canada, 5-7 May 2010, Victoria Inner Harbor Marriott Hotel, Paper Abstract, available at http://web.uvic.ca/~veterans/Williams,%20Liz.htm (accessed 11 May 2016); contact person Dr. David Zimmerman, Department of History, University of Victoria; also available at http://rusiviccda.org/wp-content/uploads/2012/02/Soldiers_Like_Rules-An_Examination_of_the_Necessity_and_Desirability_of_ROE_to_Soldiers_in_the_Field.pdf (accessed 27 September 2016);
This is an oral military history paper that examines the in-theatre effectiveness of Rules of Engagement using secondary research
and interviews with four veterans of the Canadian Forces. Those interviewed had all seen service with the Canadian Airborne Regiment,
and there were three officers and one non-commissioned member. The paper examines their memories of ROE with reference to the
FLQ Crisis and UN Peacekeeping missions in the Golan Heights, Cyprus, Bosnia-Croatia, and Somalia. Some issues raised are the importance
of leadership to enforcement of ROE, the necessity of practical training, and the need for the Canadian Forces to learn the lessons of previous
missions and swiftly enact any necessary changes. The conclusion of the paper is that while their implementation has been occasionally
problematic, ROE are a necessary set of rules welcomed by the soldiers who use them.
Christopher Wilson, photo source: http://socialsciences.uottawa.ca/governance/eng/christopherwilson_en.asp, accessed on 20 April 2014
WILSON, Christopher, Senior Consultant, Christopher Wilson &
Associates, and Research Fellow, Centre on Governance, University
of Ottawa, "The Great Canadian Naval Mutiny", 6 November 2010; the
article has a bibliography on the topic; available at http://www.christopherwilson.ca/papers/The_Great_Canadian_Naval_Mutiny.pdf
(accessed on 25 March 2012);
WILSON, J. Brent, "Military Aid to the Civil Authority in
mid--19th Century New Brunswick", (Spring 2008) 17(2) Canadian Military History
33-50; available at http://scholars.wlu.ca/cmh/vol17/iss2/4/ (accessed 7 January 2016);
Source of image: https://wclclinicblog.wordpress.com/page/4/ (accessed 29 May 2016)
WILSON, Richard J., "Omar Khadr: domestic and international
litigation strategies for a child in armed conflict held at
Guantanamo", (2012) 11(1) Santa Clara Journal of International
Law 29-79; available at http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1108&context=scujil
(accessed 15 March 2015);
The author will first examine, in Part I, the broad context of the Khadr case. That context includes the Khadr family background, the relevant law relating to children in armed conflict, the overall situation of juvenile detainees at Guantanamo Bay and elsewhere, and a bit of history on the prosecution of children in armed conflict. In Part II, he will document the efforts to put the issue of Omar’s youth before the Washington federal court in habeas corpus proceedings, including some effort to develop the facts relating to Omar’s capture and subsequent detention in Afghanistan and Guantanamo. In Part III, the author will examine the ways in which the question of juvenile status affected military commission proceedings, both before and after the Hamdan decision. In Part IV, the role of the Canadian courts in this complex array of litigation will be explored through the lens of Omar’s age. He will examine the ways in which the issue of Omar’s youth was addressed in proceedings before the Inter-American Commission on Human Rights in Part V, and Part VI will discuss the outcome of the Khadr case. It will also offer his own conclusions and reflections on the ways in which the international law of armed conflict and human rights interacted in these proceedings. (source: https://www.tsu.ge/data/file_db/faculty-law-public/Biblio%202013-3.pdf, accessed on 15 March 2015).
Winds of Change: conference and debate on Canadian military law, Ottawa : University of Ottawa, Faculty of Law, 2015; notes: "November 13, 2015"; cover title "This book of conference proceedings was generously produced and fully funded by Michel Drapeau Law Office."; Includes bibliographical references; copy at the University of Ottawa, FTX General
KE 6800 .A66 W56 2015;
Preface /Gilles Létourneau -- Message from the Chief Organizer / Michel W. Drapeau -- Military Justice and Law Reform / Professor Nathalie Des Rosiers
-- Conference Papers. Canadian Military Justice and the Judge Advocate General / Blaise Cathcart -- Should one need to surrender their rights and freedoms
upon enrolment in the Armed Forces? / Mr. E. Jacob -- The European Court of Human Rights and Military Justice / E. Fidell -- The Evolution of Military Jurisdictions / J. P. Spijk
-- The Role and Function of the UK JAG and the barriers that were overcome in civilianizing parts of the service justice system / J. Blackett
-- Should Canada's Military Justice System Have Jurisdiction Over Ordinary Criminal Offences? / D. McNairn -- Justice for All : Canadian military law and Charter values / A. London-Weinstein
-- A view from the battlefield : a commander's perspective / W. Semianiw -- Epilogue / Gilles Létourneau and Michel W. Drapeau -- Annex A. Biographies of participants.
Timothy C. Wineguard, image source: http://www.timothycwinegard.com/about_me/ (accessed on 18 April 2014)
WINEGUARD, Timothy C., "The Forgotten Front of the Oka Crisis :
Operation Feather / Akwesasne", (Fall and Winter
2008/9) 11(1-2) Journal of Military and
Stategic Studies 1; available at http://jmss.org/jmss/index.php/jmss/article/view/30/28
(accessed on 8 December 2013);
WINNIPEG Free Press, Passages -- Colonel Al Beaupré, chief
WINSLOW, Donna, 1954-2010, “Canadian Society and the Its Army",
(Winter 2003-2004) 4(4) Canadian Military Journal;
__________ "Misplaced Loyalties: The Role of Military Culture in the Breakdown of Discipline in Peace Operations", (1998) 35(3) Canadian Review of Sociology & Anthropology 345-367;
___________ "Misplaced Loyalities: The Role of Military Culture in the Breakdown of Discipline in Two Peace Operations", (Winter 2004) 6(3) Journal of Military and Strategic Studies; the article states that "A more complete and detailed version of this paper will appear in the forthcoming volume The Human [in]Command [The Modern Military Experience]. R. Pigeau and C. McCann, eds. Ottawa: Department of National Defence";
___________"The Parliamentary Inquiry Into the Canadian Peace Mission in Somalia", A Paper presented at the 4th annual Workshop on Strengthening Parliamentary Oversight of International Military Cooperations and Institutions, Brussels, 12-14 July 2002;
Image source: http://afs.sagepub.com, accessed 9 February 2015
___________"Rites of Passage and Group Bonding in the Canadian Airborne" (Spring 1999) 25(3) Armed Forces & Society 429-457;
This article addresses the issue of primary group bonding and non-conventional methods for promoting unit cohesion. Conventional army training intensifies the power of group pressure within its ranks using methods that teach recruits the need for teamwork. Less conventional methods, such as initiation rites, are also used to promote group bonding. This report examines initiation rites in the Canadian Airborne Regiment, beginning with a brief description of the Regiment and then examining formal initiation to the regiment- the Airborne Indoctrination Course, informal initiation rites, Airborne initiation rites are discussed in detail by using models developed in anthropology to describe rites of passage in traditional societies, rites that occur in three stages, the first occurring when the initiates' former identity is stripped away and they are set apart and made very similar to one another. They are then "leveled" into a homogeneous group, by suppressing individuality, and thus encouraging an investment in the group. They then enter the liminal phase of the rite, where events become parodies and inversions of real life, a stage in which group bonding is reinforced as the initiates undergo standard processes of testing and humiliation. Finally, they are reincorporated into the group as members of the regiment. We then look at hazing and other rites of passage in the Canadian Airborne Regiment, and conclude with a discussion of the use of extreme initiation in primary group bonding. (Source: http://afs.sagepub.com/content/25/3/429.abstract, accessed on 9 February 2015);
WINSLOW, Donna and Jason Dunn,"Women in the Canadian Forces: Between Legal and Social Integration", (September 2002) 50(5) Current Sociology 641-667;
___________"Female Soldiers: Integration on the Rise? Women in the Canadian Forces", in International Sociological
Association Research Committee 01: Armed Forces and Conflict Resolution Interim Conference (2000: Strausberg Germany, Gerhard Kümmel (Ed.), The challenging continuity of change and the military :
female slodiers, conflict resolution, South America :
proceedings of the Interim Conference 2000 of ISA RC 01
/ Gerhard Kümmel (Ed.), Strausberg : Sozialwissenschaftliches Institut der
DESCRIPTION: 530 p., at pp. 15-56; 21 cm.available at http://www.mgfa.de/html/einsatzunterstuetzung/downloads/forum22.pdf (accessed 3 January 2016);
WINSLOW, Donna and C.P.M. Klep, 1959-, "The Public Inquiry into the Canadian Peace Mission in Somalia", in Hans Born and Heiner Hängii, eds., The 'double democratic deficit' parliamentary accountability and the use of force under international auspices, Aldershot (Hants, England) and Burlington (Vermont): Ashgate, 2004, xii, 242 p., at pp. 91-107, ISBN: 0754639525; note: "Geneva Centre for the Democratic Control of Armed Forces (DCAF)"; limited preview is available at http://books.google.com/books?id=48CiO2ZzYCwC&pg=PA91&source=gbs_toc_r&cad=0_0&sig=ACfU3U36dVuoGMkGoYMhYVDSMHa7y6qYLw#PPA91,M1 (accessed on 15 July 2008);
WITELSON, Tamar, " Interview with Mr. Justice Gilles Létourneau,
Somalia Commission Chair" in Allen Manson and David Mullan, Commissions
of Inquiry: Praise or Reappraise?, Toronto Irwin Law,
2003, x, 547 p., at chapter 12 ; 23 cm. NOTES: Papers
originally presented at Conference on Commissions of Inquiry held
Feb.12-14, 1999 at Queen's University. Includes index. Includes
bibliographical references and index. ISBN:
155221074X. Title noted in my research but article not
Image source: https://ca.linkedin.com/in/stefan-wolejszo-628a9785, accessed 12 July 2016
WOLESJSZO, Stefan, Sine Qua Non: Canadian Criminalization of War Crimes, Crimes Against Humanity and Genocide, Department Sociology, doctor of Philosophy, Ph.D, University of Manitoba, ix, 281 leaves; available at http://mspace.lib.umanitoba.ca/bitstream/handle/1993/4873/Wolejszo_Stefan.pdf?sequence=1&isAllowed=y (accessed 12 July 2016); also available at http://www.collectionscanada.gc.ca/obj/thesescanada/vol2/002/NR78924.PDF (accessed 3 February 2017);
This dissertation provides a socio-historic analysis of the ethos of war crimes criminalization articulated in three general historical eras: the First World War era,
the Second World War era, and the contemporary era. Both primary (i.e. archival material, legislative documents, and law) and secondary (i.e. journals articles and books)
materials informed this analysis. Although these three eras were not entirely discrete (e.g. criminalization during the Second World War era was influenced by the
failure of Leipzig trial that followed the First World War, and policy decisions following the Second World War had a great deal of impact upon the criminalization
process in the contemporary era) or unified (varying levels of disagreement occurred amongst important lobby groups and policy makers in each era), important policy
shifts occurred in each period as the Canadian government attempted to grapple with the issue of war crimes and war criminals. The Canadian criminalization of war
crimes, crimes against humanity and genocide was marked by six prominent features: (1) the sine qua non of the criminalization process in each era was a distinct
conception of the nature of war crimes and/or war criminals; (2) the articulation and application of war crimes policies rarely matched; (3) Canadian identity shaped
the criminalization process, and the criminalization process helped to shape Canadian identity; (4) although a distinct conception of war criminals was prominent
in each era, remnants of past conceptions of war criminals still influenced the criminalization process; (5) an examination of the criminalization of war crimes within
the military justice system is essential in order to understand the criminalization process writ large; (6) it is impossible to fully separate the different justice systems
in play during the criminalization process. (source: http://mspace.lib.umanitoba.ca/handle/1993/4873, accessed 12 July 2016)
Photo of Jack Wolfe, reproduced from the back dust jacket of McDonald, R. Arthur, Canada's Military Lawyers, supra.
WOLFE, John P. (Patterson) "Jack", 1924-2017, "Changes in the Law of Armed conflict", (1978) 8 Canadian Defence Quarterly 16-21 and 41; title of article noted on 19 August 2017 in Chris Madsen, Another
Kind of Justice : Canadian Military Law from Confederation to
Somalia, Vancouver : UBC Press, c1999, p. 190, note 18; article not consulted;
___________ "Conduct of Combat
and risks run by the Civilian Population Intervention au IX
Congrès International de la Societé Internationale de Droit Pénal
Militaire et Droit de la Guerre intitulé "Forces Armées et
Développements du droit de la guerre", Lausanne, 1982, pp.
323-326; titre noté dans mes recherches mais article non encore
consulté (le 6 janvier 2012); Major-General John P. Wolfe
was the Judge Advocate General from 10 November 1976 to 10
__________"L'évolution actuelle de la justice militaire au Canada
(Rapport Canadien: Congrès d'Ankara)", (1979) VIII Recueils de
la Societé internationale de droit militaire et de droit de la
guerre / The Recueils of the International Society for Military
Law & the Law of War 647-664;
see full view of page
___________“Military Obedience in Canadian Internal Penal Law and in Law of War”, (1971) 10 Military Law and Law of War Review 127-145;
___________Note on Jack Wolfe, as of 12 November 2014: -alive and living in Victoria, BC; was Chair of the Canadian Pension Commission, 1985-1990;
___________Note on Jack Wolfe from Bill and Ben, 11 December 2014
JAG is proud to announce that the former Judge Advocate General, MGen (Ret’d) Wolfe, was appointed to the rank of Knight of the French Legion
of Honour, as of 18 August 2014, for his service in the liberation of France in WWII.
Major-General (ret’d) Wolfe served in Normandy as a signalman with the Royal Hamilton Light Infantry until he was wounded and repatriated to Canada
on 12 Aug 1944. He was released in 1945, but re-enrolled in the Canadian Army as an Artillery officer for the Korean conflict. After this service,
Major-General (ret’d) Wolfe continued his studies in law school while still serving. He completed his studies in 1954 and was recruited into the Office
of the Judge Advocate General. His distinguished career as a Legal Officer culminated in his appointment as Canada’s seventh Judge Advocate
General for the Canadian Forces, serving in that capacity from 1976 to 1982.
We all take great pride in General Wolfe’s accomplishment.
Le JAG est heureux d'annoncer que le major‑général Wolfe (Retraité) a été nommé chevalier de la Légion d’honneur française, le 18 août 2014, pour souligner
sa participation à la libération de la France pendant la Seconde Guerre mondiale.
Le major-général Wolfe (Retraité) a servi en Normandie, en tant que signaleur au sein du Royal Hamilton Light Infantry, jusqu'à ce qu'il soit blessé
et rapatrié au Canada le 12 août 1944. Le major-général Wolfe a été libéré en 1945, mais il s'est enrôlé de nouveau dans l'Armée canadienne
comme officier d'artillerie lors du conflit en Corée. Le major-général Wolfe (Retraité) a ensuite poursuivi ses études à l'école de droit tandis qu'il était
encore en service. Après avoir terminé ses études en 1954, et il a été recruté au Cabinet du Juge-avocat général. Sa nomination comme septième juge-avocat
général pour les Forces canadiennes a été l'aboutissement d'une carrière remarquable en qualité d'avocat militaire. Le major-général Wolfe a occupé cette
fonction de 1976 à 1982.
Nous sommes tous très fiers de la réussite du général Wolfe.
___________Note on Jack Wolfe by BGen Blaise Cathcart, Judge Advocate General, dated 6 March 2017, Guest Book note at http://www.legacy.com/guestbooks/timescolonist/john-p-wolfe-condolences/184344694?cid=full, accessed 16 June 2017;
It was with much sadness and a heavy heart that I learned of MGen Jack Wolfe's, QC recent passing. Jack served from 1976-1982 as the 7th Judge Advocate General (JAG) of the Canadian Armed Forces (CAF). On behalf of the Office of the JAG, the entire JAG family and the CAF, I offer my sincere condolences on Jack's passing. While I never had the pleasure of meeting Jack, his reputation as a tremendous legal officer, professional and leader preceded him. When I joined the Legal Branch in 1990, MGen Wolfe was revered almost to the point of being mythical. Although he was very humble, he clearly set the standard for the position of JAG and he certainly left a major and lasting legacy for the OJAG and the CAF. I thank him and his family for their service to, and many sacrifices for, the OJAG, the CAF, Canada and the rule of law. His spirit lives on. Take care and FIAT JUSTITIA (Let Justice Prevail).- See more at: http://www.legacy.com/guestbooks/timescolonist/john-p-wolfe-condolences/184344694?cid=full#sthash.YDdMc4ll.dpuf
___________"War and Military Operations", in R. St. J. Macdonald, 1928-, Gerald L. Morris, and Douglas M. Johnston, eds., Canadian perspectives on international law and organization: [Toronto; Buffalo] : University of Toronto Press, , xx, 972 p., at pp. 620-644, ISBN: 0802019749;
Photo source: http://www.legacy.com/guestbooks/timescolonist/john-p-wolfe-condolences/184344694?cid=full, accessed 16 June 2017
Jack Wolfe, photo supplied by John
___________Obituary: John Wolfe: 2 May 1924 - 26 February 2017
John Wolfe May 2, 1924 - February 26, 2017 A driven, passionate, private, and acerbically witty man - John (or Jack to friends)
came from humble beginnings in Winnipeg Manitoba, an adopted boy raised mainly by his father. John was a man of serious
convictions and principles - still, he lived most days enjoying a good chuckle with loyal companions and family.
John went to war as an underage soldier in 1941. During the war he went through terrible experiences - like all war veterans.
He himself was injured by an exploding shell in Normandy and suffered the consequences of that shrapnel for the rest of his life.
His academic achievements are particularly worthy given that he left high school to join the war effort. On return from war to Canada,
he re-joined the military entering their university training plan and ultimately won the Gold Medal for Law from the University of
Manitoba. He later returned to studies to obtain his Master International Law from King's College, University of London, UK.
As a lawyer within the Canadian Armed Forces his career took him all over the world. He represented Canada at the Geneva Conventions
and other conferences across the globe. He was ultimately promoted to Judge Advocate General of Canada with the rank of Major General.
Soon after leaving the military, he became Chairman of the Canadian Pension Commission in PEI. During his career he contributed to a
number of developments in Canadian military law, United Nations agreements on Laws of War and while in Tanzania he was a major author
in the National Defence Act for Tanzania. He was appointed to the Queen's Counsel (QC) for these accomplishments and received many
other recognitions over his years.
Aside from his academic and professional credits, he was infamous for his wit and charm in social circles and with his family. John did not
do anything in moderation - a hard worker professionally and in the home (many renovations!), a voracious reader, lover of music and the arts.
Mostly, he loved to be with family and friends sharing food, drink and a lot of laughter. Many knew John as the decisive, strong and convicted
soldier/lawyer. But he was a romantic at heart and would melt over music, art, poetry and family.
His first wife Catherine was with him through law school, 4 children and many years before she passed. Emily and John married later in life,
bringing John Francis, his only son. And so, his heirs are grateful for his many talents and interests, as they share passions for comedy, music
and the arts. He leaves behind five children (Andrea (spouse Jack Little), Dr. Cathy (spouse Michael Cullen), Lorraine (spouse Phillip Schatz),
Leslie (spouse Brian Sneddon) and John), six grandchildren (Mark & Brette, Megan, Katie, Matthew and Melanie) and three great grand children.
John was definitely his own man - and he will be greatly missed. (source: http://www.legacy.com/obituaries/ottawacitizen/obituary.aspx?n=john-wolfe&pid=184344997, accessed 4 March 2017)
John went to war as an underage soldier in 1941. During the war he went through terrible experiences - like all war veterans. He himself was injured by an exploding shell in Normandy and suffered the consequences of that shrapnel for the rest of his life.
His academic achievements are particularly worthy given that he left high school to join the war effort. On return from war to Canada, he re-joined the military entering their university training plan and ultimately won the Gold Medal for Law from the University of Manitoba. He later returned to studies to obtain his Master International Law from King's College, University of London, UK.
As a lawyer within the Canadian Armed Forces his career took him all over the world. He represented Canada at the Geneva Conventions and other conferences across the globe. He was ultimately promoted to Judge Advocate General of Canada with the rank of Major General. Soon after leaving the military, he became Chairman of the Canadian Pension Commission in PEI. During his career he contributed to a number of developments in Canadian military law, United Nations agreements on Laws of War and while in Tanzania he was a major author in the National Defence Act for Tanzania. He was appointed to the Queen's Counsel (QC) for these accomplishments and received many other recognitions over his years. - See more at: http://www.legacy.com/obituaries/ottawacitizen/obituary.aspx?n=john-wolfe&pid=184344997#sthash.yzs7AinA.dpuf
WONG, Craig, "Disgraced soldier back in court: Father says Matchee
will never be fit to stand trial on Somalia charges", The Ottawa Citizen,
Wednesday, July 24, 2002, p. A8; this article is about a fitness
hearing under the National
Defence Act and should be read with Chapter 119 of
The Queen's Regulations and Orders for the Canadian Forces
(1994 Revision), vol. 2, Disciplinary;
Wood, image source: https://ca.linkedin.com/pub/walter-wood/70/196/808,
accessed 15 January 2015
WOOD, Walter A., 'Active
service': an irrelevant concept for the contemporary Canadian
military, Toronto: Canadian Forces College,
2007, ii, 32 p., CSC/CCEM 33, 2006-2007;
paper available at http://www.cfc.forces.gc.ca/259/290/293/287/wood.pdf#view=FIT
(accessed on 18 December 2011);
WOODGATE, John Robert, Major, An Analysis of the Canadian Defense Ethics Program Decision-Making Guidance, a thesis presented to the Faculty of the U.S. Army Command and General Staff College in partial fulfillment of the requirements for the degree Master of Military Art and Science, Fort Leavenworth, Kansas, 2004, vii, 73 leaves; available at http://www.dtic.mil/dtic/tr/fulltext/u2/a428670.pdf (accessed 14 April 2017); ; available at http://cgsc.contentdm.oclc.org/cdm/singleitem/collection/p4013coll2/id/187/rec/6 (accessed 25 May 2015); also available at http://cgsc.contentdm.oclc.org/cdm/singleitem/collection/p4013coll2/id/187/rec/38 (accessed 18 Decemnber 2015);
Image source: https://www.thestar.com/authors.woods_allan.html, accessed 29 May 2016
WOODS, Allan, Ottawa Bureau, "Ethics of war emerge in Robert Semrau military trial", 6 July 2010, available at http://www.thestar.com/news/canada/2010/07/06/ethics_of_war_emerge_in_robert_semrau_military_trial.html (accessed 16 December 2015);
WORSTER, William Thomas, "Immunities of United Nations
Peacekeepers in the Absence of a Status of Forces Agreement",
(2008) 47(3/4) Military Law and
the Law of War Review 277-375; available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1407529
(accessed on 21 January 2012);
Peter Worthington, photo source: http://www.freerepublic.com/focus/news/3018706/posts,accessed on 8 April 2014
WORTHINGTON, Peter, 1917-2013, "Canada's military brought to
book: Worthington", Toronto Sun,
13 October 2012; available at http://www.torontosun.com/2012/10/13/canadas-military-brought-to-book-worthington
on 7 July 2013); article on Michel Drapeau;
___________"In war what is murder?", Toronto Sun, 19 January 2009; available at http://www.torontosun.com/news/columnists/peter_worthington/2009/01/19/8068291-sun.html
(accessed on 18 January 2012);
___________"Military has army of lawyers", The Ottawa Sun, 20 November 2005, p. 29;
___________"Military Justice far too petty -- Canada's soldiers charged under bizarre obedience standards", Toronto Sun, first posted, Wednesday May 06, 2009; available at http://www.torontosun.com/news/columnists/peter_worthington/2009/05/06/9366516-sun.html (accessed on 10 May 2012);
___________"Military sweeps civilians aside", Toronto Sun, first posted 22 September 2009, 04:00 AM and updated at 04:11; available at http://www.torontosun.com/news/columnists/peter_worthington/2009/09/22/11043661-sun.html (accessed on 1 March 2012);
___________"PM correct for announcing military cuts, need for 'more teeth, less tail' ", QMI Agency, Saturday, 17 November 2012, available at http://www.thepeterboroughexaminer.com/2012/11/17/pm-correct-for-announcing-military-cuts-need-for-more-teeth-less-tail (accessed 17 January 2016);
These and more, are issues for the incoming defence chief.
He’s largely unknown to both the public and the army, but he’s a new broom, and DND can always do with a clean sweep.
At ceremonies marking the retirement of one chief of defence and the inauguration of another, it was announced that Judge Advocate General (JAG) Blaise Cathcart was to be promoted to major-general.
This seems a curious message when the armed forces are being downsized and positions eliminated, budgets reduced. The promotion seems both unnecessary and provocative: The JAG will do the same job, with the same staff, from the same office, with the same bosses. So why is he being promoted in a time of austerity?
As a major-general, the JAG will still have 150 lawyers at his beck and call, and will outrank a brigade commander who is responsible for up to 5,000 soldiers.
The JAG’s department is one of the few growth industries in the military (along with Public Affairs), and one wonders how this sits with Lawson, now that he’s Canada’s top military person.
___________"Private Brown", Saturday Night, 09/1994, Volume 109, Issue 7, p. 30, ISSN 0036-4975;
___________"Soldier of misfortune", The Ottawa Sun, Sunday, 11 March 2001; article about ex Captain Michel Rainville's conviction by the civil authorities in Québec City on a charge of torture; Captain Rainville is referred to in COMMISSION of Inquiry into the Deployment of Canadian Forces to Somalia, Dishonoured Legacy - The Lessons of the Somalia Affair: Report of the Commission of Inquiry into the Deployment of Canadian Forces to Somalia, supra;
___________"Watching the detectives: The ongoing furor around the
Matt Stopford case and other military judicial scandals shows
there's a problem with the Armed Forces' investigative service", The
Ottawa Sun, Friday, February 21, 2003, p. 14;
Kyle Brown, photo source: Google Image, accessed on 10 May 2014
WORTHINGTON, Peter, 1917-2013, and Kyle Brown, 1969-, Scapegoat:
How the Army Betrayed Kyle Brown, Toronto : Seal Books
(McClelland-Bantam), 1997, [xiii], 338 p.,  p. of plates,
ISBN: 0770427553; see in particular, chapter 18, "Judge,
Prosecutor and Defence" at pp. 305-321;
WRIGHT, Lisa, "Family furious soldier cleared in son's killing", Toronto Star, Oct 13, 1992, p. C16; the other accused was Pte Christian Deneault
Description: "We were absolutely dumbfounded. We just can't believe it," his devastated mother Linda Bartholomew told The Star last night,
referring to the not-guilty verdict handed down in Lahr, Germany, Sunday. The court martial in [Lahr] found Master Cpl. Francois Leclerc of
Montreal not guilty of first-degree murder after deliberating only 90 minutes.
© ProQuest LLC All rights reserved, available at : http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?fn=search
Lahr&scp.scps=primo_central_multiple_fe, accessed 14 August 2017;
Image source; JAG Newslertter / Les actualités, vol. 1, 2003 at p. 53.
From the left: W. Fensom, P. Lévesque, J. Wry and
WRY, Jill D., "Lieutenant-Colonel Jill Wry (Director of Law, Military Justice, Policy and Research, Office of the Judge Advocate General, Department of National Defence) at the Justice and Human Rights Committee", 5 March 2008, available at https://openparliament.ca/committees/justice/39-2/17/lieutenant-colonel-jill-wry-1/only/ (accessed 30 September 2015); Director of Law, Military Justice, Policy and Research, Office of the Judge Advocate General, Department of National Defence, evidence of meeting #17 for Justice and Human Rights in the 39th Parliament, 2nd Session, 5 March 2008;
Thank you, Mr. Chair and honourable committee members. It's my pleasure to speak to you today about the amendments in Bill C-426, and particularly to explain some of the practical impacts those proposed amendments would have on the Canadian Forces.
I would like to make it very clear that it's not my purpose today to question the importance of the legislation or the importance of the amendments that have been proposed, but to ensure that members of the committee are aware of some potential implications the proposed amendments have on the Canadian Forces and the Canadian military justice system. If I could classify this information, I would put it in the category that my friend Mr. Hawkes has--as unintended consequences of the proposed amendments.
First of all, as you know, the definition of journalist is defined in the proposed legislation to include any “person who contributes regularly and directly to the gathering, writing, production or dissemination of information for the public through any media, or anyone who assists such a person”.
As it's currently worded, this definition would apply to members of the Canadian Forces who are involved in activities that are not journalistic in nature. This would include members whose primary duties involve the gathering and dissemination of information to the public, such as public affairs officers. As well, the definition would include members who make regular contributions to Canadian Forces publications for the purpose of raising awareness on topical issues such as military personnel policies and information on compensation and benefits. Furthermore, anyone who provides assistance to those who gather and disseminate this type of information, such as computer technicians or administrative clerks, would also be covered by the definition.
The potential impact of having the definition of journalist apply to Canadian Forces members arises from the conflict that could emerge between the protections proposed under this bill and the obligation on military members to report breaches of discipline. Military regulations require members of the Canadian Forces to report to the proper authority any infringement of the pertinent statutes, regulations, rules, orders, and instructions governing conduct. Given the broad definition proposed for journalists, there is a real potential that conflicts will arise.
Second, as you are aware, the proposed amendments will apply not only to judicial proceedings but also to non-judicial proceedings over which Parliament has jurisdiction. Under the National Defence Act, that would include boards of inquiry, which can be held both in and outside of Canada. According to the proposed amendments, in order to compel journalists to disclose the identity of a source during a non-judicial proceeding such as a board of inquiry, it would be necessary to adjourn the proceeding and seek a judicial order. The potential logistical impact of this requirement is compounded by both the breadth of who can be considered a journalist, if the present definition is maintained, as well as the fact that boards of inquiry can proceed outside of Canada. There would be a requirement to seek an order back in Canada in order to proceed with that inquiry.
Furthermore, when determining whether it is in the public interest to compel the disclosure of a source, a judge is required under proposed paragraph 39.1(5)(b) to consider three factors, which have already been discussed: the outcome of the litigation, the freedom of information, and the impact of the journalist's testimony on the source.
The narrow construction of these factors would make it difficult to apply them in the context of a non-judicial proceeding, such as a board of inquiry, which is an investigative tool, not a tool for litigation, or to consider other potentially relevant factors, such as operational or national security, which would be very relevant in the types of non-judicial proceedings that could arise in the context of the Canadian Forces.
Honourable committee members, I would like to thank you for allowing me this opportunity to raise these practical matters with you. I'd be very happy to answer any questions you may have.
___________Of what quality are the Queen’s Regulations and Orders for the Canadian Forces?,
Masters thesis, Institute of Advanced Legal Studies, University of London, 44 p., available at http://sas-space.sas.ac.uk/6278/#undefined (accessed 11 August 2016);
Expressed in a different way, the analysis shows that the QR&O fail to fully satisfy three of the four legal criteria - democratic legitimation,
legal security/certainty and transparency of the legislative process. Closer scrutiny of this result reveals that the QR&O’s weak showing can
be attributed to three principal deficiencies that relate to its development process as well as aspects of its legal framework: (1) insufficient
public engagement; (2) insufficient parliamentary participation; and (3) insufficient accessibility of the QR&O. (p. 35).
____________"Op Apollo", (2003) 1 JAG Newsletter -- Les actualités 59-60; note: article in English;
___________ "Op Apollo", (2003) 1 JAG Newsletter -- Les actualités 60-62; note: article en français;
____________Testimony before The Standing Senate Committee on Legal and ConstitutionalAffairs, on the consideration of the provisions and operation of An Act to amend the National Defence Act (court martial) and to make a consequential amendment to another Act (S.C. 2008, c. 29), 4 March 2009; available at http://www.parl.gc.ca/Content/SEN/Committee/402/lega/pdf/02issue.pdf (accessed 10 September 2016);
YALE LAW SCHOOL, GLOBAL SEMINAR ON MILITARY JUSTICE REFORM,
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YALE LAW SCHOOL, GLOBAL SEMINAR ON MILITARY JUSTICE REFORM, 2014, web site at http://www.law.yale.edu/news/gsmjr14.htm (accessed on 28 October 2014); see also the reading room at http://www.law.yale.edu/news/gsmjr14_papers.htm;
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YANAGISAWA, Sue, "Ex-cadet found not guilty of sex assaults", Kingston Whig-Standard, Officer Cadet Alexander
Asked after court if the decision means his status at RMC will be reinstated and his graduation permitted, Maj. David Hodson, one-half of Whitehead's defence team,
said "that would be the right and honourable thing to do."
But both he and Maj. Edmund Thomas, the other half of the defence team, said it's up to RMC to make that decision.
"Officer Cadet Whitehead should not be punished for an acquittal," Hodson added. But he said the role of the lawyers and military judge Lt.-Col. L.V. d'Auteuil in the matter has now ended.
In his decision, Lt.-Col. d'Auteuil noted that "the prosecution's case relies, more than anything else, on the testimony of the two complainants." He also emphasized that the burden of proving
beyond a reasonable doubt that Whitehead sexually assaulted the women in September and October 2013, respectively, and that there was no consent, lay entirely with the Crown prosecution
team of majors Maureen Pecknold, Annie-Claude Samson and Jeff Peck: "That never changes," he observed.
source: https://ca.linkedin.com/in/jamesyap1, accessed 19 February
YAP, James, "Aut deportare aut judicare: current topics in
international humanitarian law in Canada" in Derek Jinks, Jackson
N. Maogoto, 1975-, Solon Solomon, eds., Applying international
humanitarian law in judicial and quasi-judicial bodies :
international and domestic aspects, The Hague : Asser Press,
2014, vii, 508 p., at pp. 355-387, ISBN: 9789462650077;
The Canadian experience with international humanitarian law is dominated by cases involving foreign nationals accused of committing war crimes abroad.
Canada has developed a system whereby these individuals can be pursued either through criminal prosecutions, or through immigration proceedings modeled
after the Exclusion Clause in Article 1F(a) of the Refugee Convention. In practice, the immigration remedies are far more frequently pursued. In the context
of a debate that is relevant in many countries, this chapter examines the comparative characteristics of the two types of procedures and the merits of relying,
as Canada does, almost exclusively on the immigration option. The chapter also reviews other current topics in international humanitarian law in Canada, for
instance the domestic civil liability of a Canadian corporation for complicity in war crimes committed in other countries, as well as the role that norms of
international humanitarian law play in the extraterritorial application of Canadian constitutional law. The author concludes by calling upon international
tribunals adjudicating war crimes and crimes against humanity to consider as a useful resource the now extensive body of cases emanating from courts in
Canada and other countries that have decided similar issues in the context of refugee and immigration proceedings.
(source: http://apcml.org/uploads/63698e16dabab22064db3fce43efd7b122061331.pdf, accessed 19 February 2015)
___________"Corporate civil liability for war crimes in Canadian courts lessons from Bil'in (Village Council) v. Green Park International Ltd.". (May 210) 8(2) Journal of international criminal justice 631-648;
In many cases of alleged war crimes, a civil action may be an attractive alternative to criminal proceedings, for political, logistical or other reasons. This is
particularly so with respect to corporate conduct, where the mens rea requirements and custodial penal sentences that are hallmarks of typical criminal
justice systems transpose poorly to the corporate context. However, while the universality principle is by now well-established with respect to criminal
prosecutions in national courts, the picture with respect to civil claims in one country for war crimes committed in another is substantially less clear.
In this spirit, the author analyses the recent Superior Court of Quebec decision in the case of Bil’in (Village Council) v. Green Park International Ltd.
There, the plaintiffs sought to claim against two Quebec corporations and their sole director for participating in war crimes allegedly committed in the
West Bank. After a careful examination of the decision, it becomes apparent that such claims may face significant legal and practical hurdles in Canada.
(source: http://web.archive.org/web/20120119141953/http://www.icrc.org/eng/assets/files/2011/ihl-bibliography-3rd-trimester-2011.pdf, at p. 26; accessed 15 March 2015)
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YOUNG, C. R. (Clarence Richard), 1879-1964, Notes on Elementary Military Law for Canadian officers, [Toronto] : University of Toronto Press, 1939, 70 p.; copy at the National Library, Ottawa; copy at the Canadian War Museum REF TECH UB 505 C2 N6 1939;
"Table of Contents [partial]:
B- Sources of Military Law...15;
C- Acts of Parliament... 16;
D- Regulations made under Statutory Authority...26;
E- Aid to the Civil Power...28;
F- Normal Discipline...30;
G- Offences and Penalties ...33;
H- Arrest and Military Custody...37;
I- Military Tribunals...45;
J- Investigations of Charges...47;
K- Summary and Minor Punishments...51;
Le général Boyle a admis qu'il y avait une perception que le système de justice militaire n'était pas indépendant.
Il a précisé que le juge-avocat général n'était pas son avocat, mais qu'il lui avait donné des conseils pour l'aider à
préparer son témoignage devant la commission d'enquête.
« Il est mon conseiller mais il relève du ministre de la Défense. C'est une nomination du gouvernement du Canada,
il ne fait que me conseiller. Je ne peux pas donner des ordres au juge-avocat général. »