Canadian Military Law -- Part II
Bibliography S to Z /
Droit militaire canadien -- Partie II
Bibliographie S à Z

Other sites on Canadian military law

Part II -- Bibliography: A-B--C-D--E-G--H-L--M-R--S-Z

Part I  --  Canadian Military Law -- Miscellaneous

- Blog

- Somalia Inquiry & Government Reaction
      -  1995-1997: Somalia Inquiry
      -  Departmental Reaction to Somalia Inquiry
      -  Special Advisory Group on Military Justice and Military Police Investigation Services
          January 1997 to July 1997
      -  The Special Senate Committee on the Canadian Airborne Regiment in Somalia (April 1997)
      -  The SReport to the Prime Minister on the Leadership and Management of the Canadian Forces (March 1997)
      -  Minister's Monitoring Committee on Change in the Department of National Defence and the Canadian Forces (October 1997 to 1999)
       -  Bill C-25--An Act to amend the National Defence Act and to make consequential amendments to other Acts
         (Royal Assent, 10 December 1998)
       - 2003 -- Five Year Review of Bill C-25
      - 2011 -- Second Five Year Review of Bill C-25
         

-  Governments Bills 1999-2012 on National Defence Act

- Current Affairs -- Sexual Misconduct

- Court Martial Comprehensive Review 2016-2017

- JAG & DND Web Sites

- Laws, Regulations and Orders

- Superseded Legislation

- Web Sites of Interest

-------

Starting here:

Bibliography S to Z  /
Bibliographie S à Z

-------http://www.cba.org/Sections/Military-Law/Articles
Couverture du livre/Book cover                            Video, interview avec Omar Sabry, ici.radio-canada.ca/nouvelles/politique/2016/06/15/001-police-militaire-forces-armees-canadiennes-lettre-anonyme-detenus-afghans.shtml, visité 17 juin 2016

SABRY, Omar, Torture of Afghan Detainees: Canada Alledged Complicity and the Need fo a Public Inquiry, published by CCPA (Canadian Centre for Policy Alternatives) and Rideau Institute, September 2015, 95 p.; available at http://www.rideauinstitute.ca/wp-content/uploads/2015/09/Afghan-Detainees-002.pdf (accessed 24 September 2015);

SADLER, Andrew T.G., Captain, member of the OJAG, reserve force; he attended the 2019 mandatory legal officer qualification course at Canadian Forces Military Law Centre, CFB Kingston, see Access to Information Act, DND Acess to Information and Privacy letter dated 12 June 2019, File A-2019-00289; he is a Crown Attorney, Thunder Bay, for the Ontario Ministry of the Attorney General;  see also https://ca.linkedin.com/in/andrew-sadler-7a65a81b (accessed 19 June 2019); Canadian Forces - Cadet Instructors Cadre (CIC)   April 1999 - ?;

SAEZ, Anthony, Executive Director and Chief Pensions Advocate, Bureau of Pension Advocates, Department of Veterans Affairs, testimony before the House of Commons Standing Committee on Veterans:

      - 16 June 2016, Evidence, available at http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=8377546&File=0 (accessed 17 September 2016);

      - 22 October 2016, Evidence, available at http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=5773149&File=0 (accessed 17 September 2016);

Image source: lawandstyle.ca/career/precedent-setter-awards-2015-paul-saguil/, accessed 28 June 2017
Paul Saguil
SAGUIL, Paul, ."LGBTQ rights in the Canadian Military, conflict zones, and in refugee claims", title noted at http://www.cba.org/Sections/Military-Law/Articles (accessed 29 August 2016);

SAIDERMAN, Stephen M., Adapting in the Dust: Lessons Learned from Canada's War in Afghanistan, University of Toronto Press, 2016, 184 p., ISBN 9781442614734 (paper) and 9781442646957 (cloth);

[Description]

Building on interviews with military officers, civilian officials, and politicians, Saideman shows how key actors in Canada’s political system, including the prime minister,
the political parties, and parliament, responded to the demands of a costly and controversial mission. Some adapted well; others adapted poorly or – worse yet – in ways that
protected careers but harmed the mission itself.

Adapting in the Dust is a vital evaluation of how well Canada’s institutions, parties, and policy makers responded to the need to oversee and sustain a military intervention overseas,
and an important guide to what will have to change in order to do better next time. [source: http://www.utppublishing.com/Adapting-in-the-Dust-Lessons-Learned-from-Canada-s-War-in-Afghanistan.html,
accessed 17 January 2016]

-------------------------------

[Contents]

Chapter 1: Introduction

Chapter 2: Alone in Kandahar? Canada in Comparative Perspective

Chapter 3: Considering the Kandahar Conundrum

Chapter 4: The Power of Minority Government: Manipulating the Confused and Those Who Cannot Coalesce

Chapter 5: The Problematic Parliament: Detainees, Information Asymmetries, and a Misplaced Focus

Chapter 6: Whole of Government or Holes in Government?

Chapter 7: The Canadian Forces: Winners?

 Chapter 8: Where Are the Canadians? The Public and the Media

Chapter 9: Learning Lessons and Drawing Conclusions
[source: http://www.utppublishing.com/Adapting-in-the-Dust-Lessons-Learned-from-Canada-s-War-in-Afghanistan.html, accessed 17 January 2016]

Image source: https://en.wikipedia.org/wiki/Stephen_M._Saideman, accessed 16 January 2016;
Stephen Saiderman
___________"The Canadian Forces have a dangerous habit of denial", The Globe and Mail, 15 January 2013, available at http://www.theglobeandmail.com/globe-debate/the-canadian-forces-have-a-dangerous-habit-of-denial/article7353925/  (accessed 5 June 2015);

___________Note on the research being done by Mr. Stephen Saiderman, Carleton Newsroom, 14 September 2015, available at http://newsroom.carleton.ca/2015/09/14/carleton-research-on-refugees-the-military-residential-schools-gets-boost/  (accessed 16 January 2016);

Stephen Saideman, associate professor and Paterson Chair in International Affairs, received more than $250,000 from the SSHRC Insight Program.
Saideman will research the role of legislatures in the democratic control of militaries around the world and investigate how access to classified
information affects the quality of oversight.

___________Web Site of Mr. Stephen Saiderman at http://stevesaideman.com/ (accessed 17 January 2016);

___________"When is an Organization's Culture broken?", Global Military Justice Reform web site, blog, 1 June 2014, available at http://saideman.blogspot.ca/2014/06/when-is-organizations-culture-broken.html (accessed on 16 January  2016);

Last week, the Canadian Chief of Defence Staff Tom Lawson insisted that the sexual assaults by and against members of the Canadian Forces are not part of the CF's culture.
 This raises many questions.  Perhaps the military is just reflective of the society at large, but the statement seemed to ring hollow in part because the military did not have
a good grasp of the problem itself.  One might think that having a Colonel/base commander who engaged in multiple assaults and murder might have been a wakeup
call.  It is always easy to suggest that the crimes of one person are just that.

However, when the most senior legal official within the Canadian Forces does not seem to follow the rules, not sending reports to the Minister of Defence, then
perhaps the culture is broken.  Major General Blaise Cathcart, the Judge Advocate General, apparently has not been meeting the requirements to file reports to
the defence minister for three years running.  Given that most senior officers only serve in a particular job for about three years max, this means that the JAG
has been shirking a key part of his job for most, if not all, of his time in office.  And this is the guy whose job it is at the top of the military justice system!  If anyone
should be following the rules, it is this guy.  And if this guy is not following the rules, think about what this means for the culture.

What is a culture?  A system of shared understandings of what is appropriate behavior, of conventions, values, and such.  Well, having the JAG violate the rules,
especially rules for reporting to the civilians--the Defence Minister and ultimately Parliament and the public--then that speaks quite loudly.  And it is not just this
guy being an exception.  Two colonels--one heading military prosecutions and the other heading defence council services--also are not filing their annual reports.
 Not since 2010!  I guess it is ok since the violations are on both sides--prosecution and defence? 

The JAG's excuse:

"So with the resources and the priorities that I have at my disposal, I made those decisions and I made them knowing full well the gravity of those decisions," he said.

In other words, too busy to follow the rules. I wonder if he would ever accept that excuse from a private, a non-commissioned officer, or a junior officer.
 "Sir, I didn't do what you ordered me to do because I had a bunch of stuff to do, and I felt your orders to me were not as important."

"The most senior legal official in the military is now flagrantly in breach of the National Defence Act, that’s very troubling.  I'm stunned.”

Indeed, but I am sure there is nothing wrong with the CF's culture.  I mean, it is just a few senior officers for several years running....

My next project is on the role of legislatures in monitoring militaries.  It turns out that we will need to focus on this part of the process--do the senior military
officers file the reports that are required of them?  Seemed like a non-issue, but I guess not.  

SAIDERMAN, Stephen M. (from Carleton University), David P. Auerswald (from the National War College, Washington), NATO in Afghanistan: Fighting Together, Fighting Alone, Princeton University Press, 2014 (hardcover), 280 p., ISBN: 9780691170879, 2016 (paperback edition), ISBN:  9780691159386; eBook: ISBN: 9781400848676;

In 1993, Canada was a participant in the United Nations mission in Somalia,
and the Canadian Airborne Regiment found itself dealing with Somalis trying
to steal supplies. On March 16, members of the regiment captured Shidane Abu-
kar Arone and beat him to death. Once the news got out, it became a significant
controversy back in Canada. Not only were a group of soldiers court martialed,
but consecutive chiefs of defense staff (John de Chastelain and Jean Boyle) were
compelled to resign. The Airborne Regiment was disbanded. The official inquiry
into the incident came to very blunt conclusions. According to the official inquiry
report, “Somalia represents the nadir of the fortunes of the Canadian Forces. There
seems to be little room to slide lower.”22  This incident is tied to a “decade of
darkness” during which the Canadian Forces absorbed severe budget cuts and a
sharp decline in morale and public confidence. 23  It also meant that years later the
Canadian media, politicians, and military paid a great deal of attention to how
 detainees were treated by the Canadians and the Afghan authorities in Kandahar.
This reaction is quite distinct from the American response to the revelations
 [p. 10, available at http://press.princeton.edu/chapters/s10149.pdf, accessed 17 January 2016]

--------
Table of Contents:

List of Illustrations ix
Abbreviations xi
Acknowledgments xiii
Chapter 1 NATO at War: In Afghanistan and at Home? 1
Chapter 2 NATO and the Primacy of National Decisions in Multilateral Interventions 31
Chapter 3 Explaining National Behavior in Multilateral Interventions 63
Chapter 4 Presidents in Charge: The United States, France, and Poland 85
Chapter 5 Single-Party Parliamentary Governments: The British and Canadians 115
Chapter 6 Coalition Governments in Combat 141
Chapter 7 Does Membership Matter? Examining the Outsiders: Australia and New Zealand 177
Chapter 8 Extending the Argument: Libya and Operation United Protector 195
Chapter 9 Implications for Policy and Theory 217
References 237
Index 251 [available at: http://press.princeton.edu/titles/10149.html, accessed 16 January 2016]

SAIDERMAN, Stephen M. (from Carleton University), David P. Auerswald (from National War College, Washington), Philippe Lagassé, "The Varying Roles Played by Legislatures in Civil-Military Relations: Global Comparisons", paper prepared for presentation at the ISA-FLACOS meeting in Buenos Aires, Argenrina, 23-25 July 2014, 12 p.; available at http://web.isanet.org/Web/Conferences/FLACSO-ISA%20BuenosAires%202014/Archive/04a98cfb-ce7e-4a43-a058-f9474a100e1a.pdf (accessed on 9  October 2014);

Source de l'image: journaldemontreal.com/auteur/nicolas-saillant, vérifié, le 10 mai 2017
Nicolas Saillant, journaliste

__________ "Les militaires s'en tirent bien en Cour martiale: 14 militaires ont été accusés pour un crime sexuel et un seul a fait de la prison", Actualités faits divers, http://www.journaldemontreal.com, Journal de Montréal, 3 mai 2015, mise à jour 4 mai 2015; disponible à http://www.journaldemontreal.com/2015/05/03/les-militaires-sen-tirent-bien-en-cour-martiale (vérifié le 9 mai 2015);

Marc-André Ferron, le procureur
de la poursuite
___________"Un militaire coupable de s’en être pris... à cette mascotte.  Il a mimé un acte sexuel lors de la Coupe Memorial 2015", Actualités faits divers, 10 novembre 2016; disponible à http://www.journaldemontreal.com/2016/11/10/militaire-coupable-de-sen-etre-pris-a-une-mascotte (vérifié le 10 mai 2017);

SAINDON, Michel, Office of the Chief Military Judge, Deputy Court Martial Administrator (information as of 4 September 2018); michel.saindon@forces.gc.ca;

__________ "Court Reporter: This Could Be You!", The Guard, 3 June 2019, available at Court Reporter: This Could Be You!, accessed 7 March 2020;

___________ "Ministerial Direction to the Department of National Defence and the Canadian Armed Forces: Avoiding Complicity in Mistreatment by Foreign Entities", 24 November 2017; available at https://www.canada.ca/en/department-national-defence/corporate/ministerial-directions/avoiding-complicity.html (accessed 10 March 2018);

____________'Statement from Minister Sajjan on the 2018 Spring Reports of the Auditor General of Canada", 29 May 2018, available at http://nationtalk.ca/story/statement-from-minister-sajjan-on-the-2018-spring-reports-of-the-auditor-general-of-canada (accessed 30 May 2018);

___________Testimony of SAJJAN, Harjit Singh, Minister of National Defence, before the House of Commons on Bill C-77, An Act to amend the National Defence Act and to make related and consequential amendments to other Acts, Tuesday, October 23, 2018 (42nd Parl., 1st Sess.), see  http://www.ourcommons.ca/Committees/en/NDDN/StudyActivity?studyActivityId=10298424 and http://parlvu.parl.gc.ca/XRender/en/PowerBrowser/PowerBrowserV2/20181023/-1/30279?Language=English&Stream=Video&useragent=Mozilla/5.0%20(Windows%20NT%206.1;%20Win64;%20x64;%20rv:62.0)%20Gecko/20100101%20Firefox/62.0 (accessed 24 October 2018);

___________Testimony of SAJJAN, Harjit Singh, Minister of National Defence, before the Senate Standing Committee on National Security and Defence,  on Bill C-77, An Act to amend the National Defence Act and to make related and consequential amendments to other Acts, 27 May 2019, available at https://senvucloud.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2/20190527/-1/9143 (accessed 29 May 2019);

SALISBURY, Col. David, "Asymmetric Warfare and the Geneva Conventions: Do we need a new Law of Armed Conflict  in the Age of Terrorism?", NSSC 4 (National Securities Studies Course 4), Canadian Forces College, 28 p.; available at http://www.cfc.forces.gc.ca/259/281/274/salisbury.pdf (accessed on 17 June 2012);

SALOMÉ, Jacqueline, "Children Accountability and Justice: Advancing Restorative Justice for Child Soldiers and Child Pirates", (2016) 1(1) Allons-y 33-51 available at http://www.childsoldiers.org/wp-content/uploads/2016/08/Allons-y-August2016-web.pdf (accessed 21 May 2017);

SALOPEK & ASSOCIATES, "Market Analysis for Competitiveness of Salaries at the LP-1, LP-2, and LP-3Levels", 16 June 2017, 32 p.; available at https://ajc-ajj.net/Salopek_Report_signed_(Jill_Sullivan)_June_16,_2017.pdf (accessed 25 April 2018);

James Salt, photo source:
ca.linkedin.com/in/james-salt-13547178, accessed 3 September 2019

SALT, James, LCdr, "The Whole-of-Government Approach to Maritime Information Sharing -- Reality or Fiction?", Canadian Forces College, JCSP 34, Exercice New Horizons, 27 p.; available at https://www.cfc.forces.gc.ca/259/290/294/287/salt.pdf (accessed 4 July 2018); 

Image source: http://publications.gc.ca/collections/Collection/D3-13-2000E.pdf, accessed 13 January 2016
Brigadier-General Pat Samson on the right

SAMSON, Colonel Patricia (Pat), Canadian Forces Provost Marshal, testimony on Bill C-25, an Act to amend the National Defence Act and to make consequential amendments to other Acts before the Standing Senate Committee on Legal and Constitutional Affairs on 28 October 1998, Issue 38, see minutes and  evidence; 

"Majors Smith and Samson delivered the training to prepare legal officers
for the changes to the military justice system that will come into force in
September [2018]. The changes improve the military justice system's
flexibility, efficiency and legitimacy." Office of the JAG‏ @JAGCAF 26 Jun 2018

From left to right: Mark Knox, Andy Melvin, Judge Halfpenny-MacQuarrie, Lt(N) Christa MacKinnon and Maj J. Jason Samson
Image source: http://www.cba.org/CBA/sections_military/newsletters2013/impairment.aspx, accessed 25 November 2014

SAMSON, J. Jason, "AJAG Ottawa: JAG's Latest Addition", (2003) 1 JAG Newsletter -- Les actualités 88-89;
FRANÇAIS :
SAMSON, J. Jason, "AJAG Ottawa: La plus récente addition au JAG", (2003) 1 JAG Newsletter -- Les actualités 89-90;

___________"Annual Report : National Military Law Section", 1 August 2016, available at http://www.cba.org/Sections/Military-Law/Resources/Resources/2016/Annual-Report (accessed 17 October 2016);

___________"Cadets learn more about careers in military law", 1 June 2015, available at  https://250vimyaircadets.wordpress.com/category/good-news-stories/ (accessed 11 October 2018);

This year, the Canadian Bar Association Nova Scotia and National Military Law Section, along with the
Office of the Judge Advocate General and the Naval Provost Marshal celebrated Law Day, hosted an
event for the 250 Vimy Royal Canadian Air Cadets. The evening consisted of presentations by military
police and military lawyers regarding their careers and military law generally. The lawyers also
conducted a mock summary trial where cadets had an opportunity to participate in the conduct of a
military tribunal.

__________Changing Tactics : Rehabilitating Canadian Justice for Traumatized Veterans, LL.M. thesis, Dalhousie University, 2012, xi, 201 leaves, available at http://www.scribd.com/doc/111417623/CHANGING-TACTICS-REHABILITATING-CANADIAN-JUSTICE-FOR-TRAUMATIZED-VETERANS (accessed on 24 November 2012);

___________"Message from the Chair, Canadian Bar Association’s National Military Law Section (NMLS), 15 January 2016; available at https://www.cba.org/Member-Login?ReturnUrl=%2fSections%2fMilitary-Law%2fArticles%2f2015%2fMessage-from-the-Chair-(1) (accessed 17 October 2016);

Image source: www.flickr.com/photos/geoffregan/8430158733/in/photostream/, accessed 18 August 2016 (Photographer: Giacomo Bruno)
From the left: Geoff Regan, M.P. (Halifax West) and  Major J. Jason Samson

__________"2015 Report to Council : National Military Law Section", Canadian Bar Association, 14 October 2015, available at http://www.cba.org/CBAMediaLibrary/cba_na/SecurePDF/VolunteerPortal/CouncilReports/2015/2015_Military_ReportCouncil.pdf (accessed 31 December 2015);

SAMSON, M.A.C., Major, legal officer, member of the OJAG;

SAMSON, P.M., Military police status and discretion: a presentation to the AFC, [Ottawa: Dept. of National Defence], 1995, 1 v. (various pagings); notes: "ID number: MJ074";

SANCHEZ, Raf, "I stood in the shoes of Marine A Marine A, convicted of murdering a Taliban fighter, will this week learn his fate. Raf Sanchez speaks to a soldier [former Captain Semrau] who can sympathise", The Telegraph,  1 December 2013; available at https://www.telegraph.co.uk/news/worldnews/northamerica/usa/10485990/I-stood-in-the-shoes-of-Marine-A.html (accessed 20 March 2019);

SANDELL, Harold, former JAG officer now (in 2017) works at CF Health Servs. Legal Advisory, CF Health Care, see http://www.canadianlawlist.com/listingdetail/contact/harold-sandell-535411/ (accessed 17 October 2017);

Harold Sandell
__________photo of Harold Sandell, detail, from photo of the 1981 JAG Conference put on flick by Jim Rycroft at https://www.flickr.com/photos/xjag/4528355114/in/album-72157623951146254/ (accessed 27 September 2020);  the same photo of the 1981 JAG conference, in colour,  can also be found in McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office of the Judge Advocate General, c2002, at p. 124, available at  103-242;

SANDERS, Richard, "Canada’s Military Industrial Complex", Global Research, April 21, 2011, available at http://www.globalresearch.ca/canada-s-military-industrial-complex/24447?print=1 (accessed 19 September 2016);

"Sandra Perron Molestée", You Tube, published 29 August 2017, available at https://www.youtube.com/watch?v=MLK3oDYurmM (accessed 22 May 2017); on the treatment of Sandra¨Perron, interested readers may wish to read "The Mercier Inquiry", BG-07.007, 17 January 1997, available at web.archive.org/web/19980204043457/http://www.dnd.ca:80/eng/ne/archive/jan97/BG-97007EN.HTM  (accessed 16 April 2018); 

SANOU, Drissa, "Justice militaire : Drissa Sanou préconise une réforme structurelle", disponible à http://burkinademain.com/2016/05/26/justice-militaire-drissa-sanou-preconise-une-reforme-structurelle/ (visité le 13 décembre 2016); sur la justice militaire du Burkina mais discute de la justice militaire canadienne;

Autres pays, autres mœurs. Ainsi, dans une entrevue exclusive datée de Janvier 2016, le juge-avocat général des Forces armées britanniques de la justice
martiale du Royaume-Uni, Jeffrey Blackett, a déploré le manque d’indépendance et d’impartialité de l’appareil de justice des Forces armées canadiennes
et appelé le Canada à le moderniser. De son avis, tant que les juges seront des officiers militaires, tous les garde-fous qui seront mis en place seront
insuffisants pour rendre le système réellement indépendant et impartial.

Il a déploré le fait que la Cour suprême du Canada confirme la validité de ce système sur toute la ligne, ce qui augure que l’armée pourra continuer à
juger (et camoufler) elle-même les actes criminels de ses soldats, peu importe que l’acte soit survenu dans une caserne ou un bar du centre-ville, en mission
à l’étranger ou en sol canadien, que la victime soit militaire ou civile. Il s’agit là de l’avis d’un connaisseur.  Ainsi, la justice militaire a été et continue d’être
décriée à travers le monde. Mais le souci du respect des principes de droit par la justice militaire a progressivement amené les décideurs politiques soucieux
de la construction d’un Etat de droit à procéder à des réformes de la juridiction militaire dans leurs pays repectifs.  C’est vers cette excellence que nos
démarches doivent tendre.

SANTICOLA, Ryan, Hila Wesa, "Extra-territorial use of force, civilian casualties, and the duty to investigate (Spring 2018) 49(3)  Columbia human rights law review 183-266, and see Canada at pp. 222-223; available at http://hrlr.law.columbia.edu/files/2018/09/RyanSanticolaHilaWesaExtr-1.pdf (accessed 18 June 2019);

Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed

Note: footnote 171 reads "Ibid."

SASSOLI, Marco  and Marie-Louise Tougas, "International Law Issues Raised by the Transfer of Detainees by Canadian Forces in Afghanistan", (June 2011) 56(4) McGill Law Journal 959-1010; available at http://lawjournal.mcgill.ca/userfiles/other/5309233-Sassoli.pdf (accessed on 25 June 2014);

SAUNDERS, Valerie (E.V./Val), "Delegatus and Carltona are obsolete: the ‘modern principle’ is the only tool necessary to determine issues of delegation", LL.M. 2014-2016 Advanced Legislative Studies (ALS), Institute of Advanced Legal Studies, School of Advanced Studies University of London, viii, 46 p.; available at http://sas-space.sas.ac.uk/6749/1/Final%20Dissertation%20LLM%20ALS%20DL_%201442511_Valerie%20Saunders.pdf (accessed 19 August 2018);

____________"Integrated Tactical Effects Experiment (ITEE)-- Testing the Idea of the Standing Contingency Force (SCF)/ Expérience sur les effets tactiques intégrés (EETI): Tester l'idée de la Force de contingence permanente (FCP)", (2007) 1 JAG Les actualités -- Newsletter 32-33; article in French & English/article en français et en anglais;

___________lawyer, member of the Nova Scotia Bar (2002), member of the OJAG;  employed at the Directorate Law of Administrative Law, NDHQ, Ottawa; married to Colonel Peter Saunders, Director of Operational Implementation, Maritime Helicopter Project and ex commanding officer of 406 Lynx Squadron (information as 2018);

___________"So you want to advise a Board of Inquiry...?" (May/Mail 2009) Sword & Scale -- Salut militaire; available at http://www.cba.org/CBA/newsletters-sections/2009/PrintHTML.aspx?DocId=37322#top and http://www.cba.org/CBA/newsletters-sections/2009/PrintHTML.aspx?DocId=37322#article10 and http://www.cba.org/CBA/newsletters-sections/pdf/05-09-military-f_3.pdf  (accessed on 29 April 2012);
FRANÇAIS:
___________"Alors, vous voudriez conseiller une commission d'enquête..." (May/Mai 2009) Sword & Scale -- Salut militaire; disponible à http://www.cba.org/abc/nouvelles-sections/2009/2009-05_military.aspx et  http://www.cba.org/abc/nouvelles-sections/2009/2009-05_military.aspx#article7 (site visité le 29 avril  2012);

SAUVÉ, Conrad, "Signed agreement w/ Judge Advocate General Blaise Cathcart to train school teachers on International Humanitarian Law", 24 April 2014, see https://twitter.com/conradsauve/status/459403631100301312 (accessed 14 December 2016); Conrad Sauvé, President and CEO, Red Cross Canada;

SAVOIE, Ray, of Quebec City, Assistant Judge Advocate, see "Brussels Meet Draws Canadians", Edmonton Journal, Tuesday, 12 May 1959, p. 41, at https://www.newspapers.com/image/...., accessed 14 June 2020;

SAWECZKO, Karen Dawn, "Course Syllabus -- International Humanitarian Law", LAWS 2205 IHL - Fall 2015, Dalhousie University, 6 p., available at https://www.dal.ca/content/dam/dalhousie/pdf/law/Academic%20Information%20Syllabi%20Moots%20Regulations/Syllabi/LAWS%202205%20IHL%20-%20Fall%202015%20Syllabus.pdf (accessed 20 December 2015); Karen Saweczko is a JAG officer;

___________on SAWECZKO, Karen Dawn, she is on 9 October 2019, a Commander, Deputy Assistant Judge Advocate General Atlantic Region, see http://lsnl.ca/wp-content/uploads/2019/10/E-Recruiting-Program.pdf (accessed 11 October 2019);

SCANDIFFIO, Mike, "Tory MP claims dismissal from Nova Scotia Crown prosecutor's office unconstitutional", The Hill Times, Apr 13, 1998, Issue 433;

Description: Rookie Tory MP Peter MacKay, who has launched a wrongful dismissal lawsuit against the Nova Scotia provincial Prosecution Service for firing him
last March when he announced he would run in the last election, is claiming it was unconstitutional. Mr. MacKay pointed to other MPs such as NDP Nova Scotia MP
Peter Mancini (Sydney-Victoria, N.S.) was able to get a leave of absence from his civil service job with the Legal Aid Commission in Nova Scotia to run for federal
office. Mr. MacKay said he had suggested several options to his boss at the time, Jerry Pitzul, who the then director of public prosecutions, including a leave of absence
or that he be a transferred to another department, but that they were turned down. The Halifax Chronicle-Herald reported that Mr. Pitzul said he was only obeying the
law when he fired Mr. MacKay on March 4, 1997. (source: © ProQuest LLC All rights reserved; and http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/
search.do?fn=search&ct=search&initialSearch=true&mode=Basic&tab=default_tab&indx=11&dum=true&srt=rank&vid=01LOC&frbg=&fctN=facet_rtype&fctV=newspaper_articles&vl%28freeText0%29=%22
Jerry+Pitzul%22&scp.scps=primo_central_multiple_fe,  accessed 8 July 2016)


------



[TO GO FURTHER ON THIS RESEARCH: At the House of Commons, 19 March 1998, read the exchange between Peter MacKay, Progessive Conservative and Art
 Eggleton:

Mr. Peter MacKay (Pictou—Antigonish—Guysborough, PC)

Mr. Speaker, on March 12 there was a press release from the minister's department announcing that Jerry Pitzul was the new judge advocate general.
This appointment seems to exactly hit on what the minister is looking for. It has the element of a civilian and the element of a former military person.

I understand Mr. Pitzul has been out of the military since 1995 when he took on a position with the Nova Scotia government as director of the public
prosecution service. It now appears he is being brought back into the military with a new rank, a raise in pay and new responsibilities.

He is praised in this release as being an extremely competent man. Was an appraisal done of his performance in the province of Nova Scotia? It speaks
of his immense experience in Nova Scotia but the man never tried a case there.

I ask the minister if there is any beginning to the wisdom of this latest appointment.

Art Eggleton Liberal

Mr. Speaker, given that the hon. member once worked for him—

Mr. Peter MacKay (Pictou—Antigonish—Guysborough, PC)

He fired me.

Art Eggleton Liberal

He fired him. Yes, that is true. I guess if you get fired you do not particularly like the person who fired you. Well, too bad. Perhaps he had
good reason to do that; I am sure he did. I guess it does not hurt members who get fired because they get elected to the House of Commons.

Mr. Pitzul has considerable experience in the military. He spent most of his legal career in the military. He has been a judge. He has occupied
other positions that have given him a great deal of information, knowledge and understanding of the military justice system. On top of that, he
now has experience from outside having gone to Nova Scotia and having performed duties in a civilian role in that province. That adds to the
 depth and experience he brings to this position. It also shows that we are willing to bring in new blood, to bring in people from the outside and to make reforms in the military justice system.

I know that the new judge advocate general, Mr. Pitzul, will do that and do it well.

Source: https://www.lipad.ca/full/1998/03/19/12/#4081606, accessed 5 August 2018]

SCANTLEBURY,  L.L., Captain, member of the OJAG; acted as co-counsel for the Director of Military Prosecutions in the case of Hamelin T.N.A. (Major), R. v., 2017 CM 4005 (CanLII), <http://canlii.ca/t/h2tnh> (accessed 9 May 2018);

SCARTH, William Blakeman, 1895-1983, former JAG officer who served "four years in the Royal Canadian Air Force with the Judge Advocate General's Branch" during WW II, see https://en.wikipedia.org/wiki/W._B._Scarth  (accessed 20 December 2017); also served in WW I;

___________on SCARTH, William Blakeman, 1895-1983, "who served as a Progressive Conservative member of this Chamber from June 16, 1958, to December 14, 1962, representing the River Heights Constituency", see the Debates and Proceedings of the Legislative Assembly of Manitoba, VOL. XXXI No. 46A -2:00 p.m., THURSDAY, 14 APRIL, 1983. at pp. 1728-1729 (32nd Legislature, 2nd session) , available at https://www.gov.mb.ca/legislature/hansard/32nd_2nd/hansardpdf/46a.pdf (accessed 18 March 2019);

 ___________on SCARTH, William Blakeman, 1895-1983, see following biographical notes by Goldsborough, "Memorable Manitobans: William Blakeman Scarth (1895-1983)" Manitoba Historical Society at http://www.mhs.mb.ca/docs/people/scarth_wb2.shtml, accessed 18 March 2019;

Memorable Manitobans: William Blakeman Scarth (1895-1983)

Lawyer, MLA (1958-1959), MLA (1959-1962).

Born at Virden on 24 May 1895, son of William Frederick Scarth and Nellie E. Blakeman (1864-?), and brother of H. S. Scarth, he served with the Canadian Expeditionary Force during the First World War and received the Military Medal. In 1920 he graduated from the Manitoba Law School and practiced law at Flin Flon, Dauphin, The Pas, and Winnipeg. In 1950, he was made a King’s Counsel. He ran unsuccessfully in the 1940 federal election but was elected in 1958 to the Manitoba Legislature, representing the River Heights constitutency of Winnipeg. Re-elected in 1959, he did not stand for re-election in 1962 and, the next year, was appointed to the Manitoba Utilities Board. He served as President of the Manitoba Bar Association (1953-1954). He died on 9 March 1983.

Sources:

Birth registration, Manitoba Vital Statistics.

“King’s Counsel,” Winnipeg Free Press, 2 January 1950, page 1.

“Scarth named to Manitoba Utilities Board,” Winnipeg Free Press, 10 June 1963, page 5.

Members of the Legislative Assembly (deceased), Legislative Assembly of Manitoba.

This page was prepared by Gordon Goldsborough.

Page revised: 7 April 2018

___________on SCARTH, William Blakeman, 1895-1983, obituary in The Vancouver Sun, 11 March 1983 at p. 34, available at https://www.newspapers.com/, accessed 30 May 2020; NOTE: spelling of his name "Will Blakemar" is different;

Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed

___________on SCARTH, William Blakeman, 1895-1983, see photo in "Scarth Named in Churchill Riding", The Winnipeg Tribune, 15 February 1940 at p. 2; available at https://www.newspapers.com/...., accessed 30 May 2020; at the time Scarth was Flin Flon town solicitor;

Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed

Image source: http://www.law.gwu.edu/Faculty/profile.aspx?id=17109, accessed 30 November 2014
Lisa Schenck

SCHENCK, Dean Lisa, "Fact Sheet on Canada Military Justice",  18 September 2013, 9 p., available at http://responsesystemspanel.whs.mil/public/docs/meetings/20130924/materials/allied-forces-mil-justice/other/02_Canada_Fact_Sheet.pdf   (accessed on 1 May 2014); also available at http://mdlo.ca/wp-content/uploads/2013/10/Canada-Fact-Sheet-Schenck-18-Sep.pdf (accessed 26 July 2015);

Image source: lapa.princeton.edu/people/kim-lane-scheppele, accessed 14 November 2017
Kim Lane Scheppele

SCHEPPELE, Kim Lane, "North American emergencies: The use of emergency powers in Canada and the United States" (1 April 2006) 4(2) International Journal of Constitutional Law  213–243; available at  https://doi.org/10.1093/icon/mol003 (accessed 14 November 2017); also available at https://academic.oup.com/icon/article/4/2/213/722106 (accessed 2 February 2018);

Chelsea Scheuer

SCHEUER, Chelsea, legal officer with the office of the JAG; see https://www.linkedin.com/in/chelseascheuer/ (accessedd 9 April 2023;

SCHMITT, Michael N., "Bellum Americanum: The U.S. View of the Twenty-First Century War and its Possible Implications for the Law of Armed Conflict", (2003) 1 JAG Newsletter -- Les actualités 29-52; also published at other places;

Michael Schmitt, image source: https://www.usnwc.edu/About/News/January-2012/Schmitt-Publishes-Book-on-International-Law-and-Co.aspx, accessed 25 January 2015
___________ Essays on Law and War at the Fault Lines,  T.M.C. Asser Press, 2011, and see in Chapter 12, "Investigating Violations of International Law in Armed Conflict", the part "12.3.1 Canada" at pp. 610-614,  ISBN: 978-90-6704-739-5 and 978-90-6704-740-1; covers Canada;  available in part at http://books.google.ca/books?id=SgGQr9DQXI0C&pg=PA610&dq=%22national+defence+act%22&hl=en&sa=X&ei=3xEHT77XKML10gHHz4izDg&ved=0CFoQ6AEwCDgK#v=onepage&q=%22national%20defence%20act%22&f=false (accessed on 6 January 2012); see also http://harvardnsj.org/wp-content/uploads/2011/01/Vol.-2_Schmitt_FINAL.pdf (accessed on 8 May 2012); previous ly published in (2011)  2 Harvard National Security Journal 31;

___________"Investigating Violations of International Law in Armed Conflict", (2011) 2 Harvard National Security Journal 31-84, deals with Canada at pp. 57-62; available at http://dro.dur.ac.uk/7740/1/7740.pdf (accessed 20 March 2019);

SCHMITZ, Cristin, "Canadian forces retains convicted sex offenders in ranks", CanWest News, Oct 11, 2005, p. 1;

Description: Conservative defence critic Gordon O'Connor said offenders convicted of all but the most minor sexual offences should be
ejected from the ranks as a matter of course. "Military people who are found guilty of this . . . are out, and I don't care if it's war or peace,"
argued the retired brigadier general who spent 32 years in the Canadian Forces. Canadians should not be surprised to find convicted sex
offenders within the military, said Lt.-Col. Rod Lander, the deputy provost marshal for military police services. Lander said he does not
know how many convicted offenders are kicked out, but said he believes "a large percentage of those people who are convicted of at
least the most serious offences are subsequently released." [source: © ProQuest LLC All rights reserved, available at:
http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page&pag=nxt&pageNumberComingFrom=17&frbg=&indx=161&fn=
search&dscnt=0&scp.scps=primo_central_multiple_fe&vid=01LOC&mode=Basic&ct=Next%20Page&srt=rank&tab=default_tab&dum=true&vl(freeText0)=Canadian%
20armed%20forces%20%22Judge%20advocate%20general%22%20Canada&dstmp=1502694978550, accessed 14 August 2017]

___________ "Canadian officials re-evaluating policy of compensating Afghans for 'accidents' supposedly caused by military vehicles", National Post, 3 December 2003 at p. A3;

Description: Canadian peacekeepers are among the most professional and decent military forces in Afghanistan -- but are they being too nice? Of the 31 nations
contributing to the Kabul Multinational Brigade, Canada appears to be the only one to pay compensation when its military vehicles are to blame for car accidents
with local Afghans. But after several recent incidents, Captain Dave Sinclair, a lawyer with the Judge Advocate General's office at the Canadian base, is re- evaluating
the policy. There are concerns that paying even minimal compensation to the abjectly poor Afghans may encourage deliberate accidents with Canadian troops.
(source: http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page&pag=nxt&pageNumberComingFrom=6&frbg=&indx=
51&fn=search&dscnt=0&scp.scps=primo_central_multiple_fe&vid=01LOC&mode=Basic&ct=Next%20Page&srt=rank&tab=default_tab&dum=true&vl(freeText0)=
Canadian%20Judge%20Advocate%20General&dstmp=1474921908902; © ProQuest LLC All rights reserved)

___________"Class actions, military justice are among novel cases SCC to weigh", The Lawyer's Daily, Thursday, 14 April 2018, available at https://www.thelawyersdaily.ca/articles/2113/class-actions-military-justice-are-among-novel-cases-scc-to-weigh?article_related_content=1  (accessed 25 September 2018);

___________"CMAC awards $10,000 to officer for failed prosecution of his use of double-entendres during training",  The Lawyer's Daily, Wednesday,  29 April 2020, available at https://www.thelawyersdaily.ca/articles/18821/cmac-awards-10-000-to-officer-for-failed-prosecution-of-his-use-of-double-entendres-during-training (accessed 4 May 2020); about R. v. Banting, 2020 CMAC 2 (CanLII), <http://canlii.ca/t/j6mpw>;

___________"CMAC strikes down key provision of National Defence Act for violating military members’ Charter right to jury trial", The Lawyer's Daily, Tuesday, 20 September 2018, available at https://www.thelawyersdaily.ca/articles/7379/cmac-strikes-down-key-provision-of-national-defence-act-for-violating-military-members-charter-right-to-jury-trial- (accessed 24 September 2018);

In a legal earthquake for the military justice system, the Court Martial Appeal Court of Canada (CMAC)
has split 2-1 to strike down s. 130(1)(a) of the National Defence Act (NDA) because the majority held
that the provision — which deems Criminal Code offences committed in Canada by military members to
be “service offences” — deprives military accused of their Charter s. 11(f) right to trial by jury.

The Sept. 19 majority decision by CMAC Justices Jocelyne Gagne and Vital Ouellette (Chief Justice Richard Bell dissented)...

___________ comments on the military cases of R. v. Cawthorne and R. v. Gagnon. before the Supreme Court of Canada, The Lawyers Weekly, 15 April 2016; available at http://www.lawyersweekly.ca/articles/2653 (accessed 12 April 2016);

The Honourable Luc Martineau who rendered the decision.
Source of image: fct-cf.gc.ca/en/pages/about-the-court/members-of-the-court/judges/the-honourable-luc-martineau, accessed 5 March 2020.
___________"Federal Court slams prosecution's bid to force military judges to preside over Dutil court martial", The Lawyers Weekly, 15 April 2016;  available at https://www.thelawyersdaily.ca/articles/18015/federal-court-slams-prosecution-s-bid-to-force-military-judges-to-preside-over-dutil-court-martial?category=news, accessed 7 March 2020; about; decision of the Federal Court in  Canada (Director of Military Prosecutions) v. Canada (Office of the Chief Military Judge), 2020 FC 330 (CanLII), <http://canlii.ca/t/j5p93>, re court martial of Colonel Mario Dutil, Chief military Judge and decision of LCol. Louis-Vincent D'Auteuil at his court martial;

___________"JAG failed to provide ‘effective oversight’ of justice system marred by trial delays, lack of performance standards", The Lawyer's Daily, Tuesday, 29 May 2018, available at https://www.thelawyersdaily.ca/articles/6619 (accessed 30 May 2018);

Maj.-Gen. Blaise Cathcart
___________"JAG says marijuana legalization presents ‘challenges’ for military", The Lawyer's Daily, Sunday, 7 May 2017, available at https://www.thelawyersdaily.ca/articles/3116/jag-says-marijuana-legalization-presents-challenges-for-military?article_related_content=1 (accessed 8 May 2017);

Photo by Department of National Defence
"Canada’s first female Judge Advocate General (JAG), Commodore Geneviève
Bernatchez (left), recently met with Honourary Captain Navy Beverley McLachlin
(the first female Chief Justice of Canada, ret.) at National Defence Headquarters in Ottawa."

___________"McLachlin will advocate for Office of JAG in new role as CAF’s ‘honorary captain (Navy)' ", The Lawyer's Daily, Wednesday, June 20, 2018 @ 9:39 AM; available at  https://www.thelawyersdaily.ca/articles/6777 (accessed 21 June 2018); 

Image source: cas-cdc-www02.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Bio/Bell and photo credit: Keith Minchin
B. Richard Bell, Chief Justice of the CMAC
___________"Military appeal court head looks to modernize and improve access: Former litigator Bell quietly transforming way CMAC does business", The Lawyers Weekly, 10 June 2016, available at  http://www.francegauthier.ca/livres/vivre-et-mourir-gueri/ (accessed 7 June 2016); article is about Chief Justice Robert Bell and the Court Martial Appeal Court of Canada; also discusses complaint againt Chief military judge Mario Dutil; and the updating of the court's rules by  Federal Court Justice Patrick Gleeson;

___________"Military defence Charter thrust parried in Supreme Court ruling: Decision casts wide net for prosecution of Canadian Armed Forces members", The Lawyers Weekly, 4 December 2015; available at  http://www.lawyersweekly.ca/articles/2567 (accessed 1 December 2015);

___________"Military judge pay hike rejected", (12 April 2013), 32(2) The Lawyers Weekly;

___________"Military judge will not face court guns", The Lawyers Weekly, issue 10 June 2016, available at http://www.lawyersweekly.ca/articles/2694 (accessed 7 June 2016); see also at https://www.thelawyersdaily.ca/articles/2075/military-judge-will-not-face-court-guns?article_related_content=1 (accessed 24 September 2017);

In the first known case under a unique judicial discipline process, an inquiry committee struck by the Court Martial Appeal Court (CMAC) has dismissed a potentially explosive complaint against Canada’s top military judge [Mario Dutil] that was lodged by the chief of staff of the Judge Advocate General (JAG) [Col. Bruce Wakeham].

___________"Military judges rule they can't be disciplined by chain of command, only by military appeal court",  The Lawyer's Daily, 3 March 2020; available at https://www.thelawyersdaily.ca/articles/17995, accessed 7 March 2020;

___________"Minister attacked on two fronts over prosecutorial independence.  Allegation is political pressure can be brought to bear on matters",  The Lawyers Weekly, 22 January 2016 issue; discusses the case of  Cawthorne v. The Queen and  R. v. Gagnon [2015] CMAC 2 ; available at http://www.lawyersweekly.ca/articles/2593  (accessed 18 January 2016);

___________"New judge advocate general vows to correct delays and inefficiencies that mar Canada’s military justice system",  The Lawyer's Daily, 3 July 2018;

___________ "Nova Scotia Native Advises Army Generals, Colonels On Rules Of Engagement", (2004) 1 Les actualités JAG Newsletter 38-39; the article also indicates that the article is published in (2003) 23(30) The Lawyers Weekly; article about Captain David Sinclair;

___________"Openness Urged in Selection of Canadian Nominee for ICC", 26 April 2002 The Lawyers Weekly 28;

___________ "rules peacemaking in Afghanistan", (November 2003)  23 Lawyers Weekly number 29, 1(2);

___________"SCC asked to stay ruling that guts military justice system; military warns sexual assault prosecutions in jeopardy", The Lawyers Weekly, Monday 24 September 2018 ; available at https://www.thelawyersdaily.ca/civillitigation/articles/7399/scc-asked-to-stay-ruling-that-guts-military-justice-system-military-warns-sexual-assault-prosecutions-in-jeopardy  (accessed 25 September 2018);

___________"SCC restoresability of courts martial to try serious crimes by military members in Canada", The Lawyers Weekly, Friday 26 July 2019; available at https://www.thelawyersdaily.ca/business/articles/14055/scc-restores-ability-of-courts-martial-to-try-serious-crimes-by-military-members-in-canada  (accessed 29 July 2018);

___________"SCC’s winter session looks at military justice, lawyers’ fees, Crown copyright, Jordan", The Lawyers Weekly, Wednesday, 2 January 2019; available at https://www.thelawyersdaily.ca/articles/9276/scc-s-winter-session-looks-at-military-justice-lawyers-fees-crown-copyright-jordan (accessed 6 January 2019);

___________"Top court rejects Ottawa’s bid to stay Charter ruling that guts military justice system", The Lawyers Weekly, Wednesday, 15 January 2019; available at https://www.thelawyersdaily.ca/articles/9664 (accessed 16 January 2019); about the SCC decision of Beaudry rendered on 14 January 2019;

___________"Top military judge to face court martial after independent prosecutor prefers eight charges",  The Lawyer's Daily, Sunday, 11 June 2018; available at https://www.thelawyersdaily.ca/articles/6716 (accessed 12 June 2018);

___________"To shoot or not to shoot", The Ottawa Citizen, Dec 13, 2003, p.A15; about the work of two legal officers in Afghanistan: Capt Dave Sinclair and Maj Louis Mackay;

SCHNEIDEREIT, Erika, "The law of armed conflict: Does it apply to space?", National Magazine, Canadian Bar Association, 4 December 2018, available at http://nationalmagazine.ca/Articles/December-2018/The-law-of-armed-conflict-Does-it-apply-to-space.aspx (accessed 26 December 2018); Ms. Schneidereit is counsel at the Department pf Justice Canada;

-------------
Joanne Schnurr, image source:                 Major Cory Moore (video still)
ca.linkedin.com/in/joanne-schnurr-6890842b

SCHNURR, Joanne, " 'Ghosts of War' remembered in ceremony at Ottawa highschool", CTV News Ottawa, 11 November 2016 with video; available at http://ottawa.ctvnews.ca/ghosts-of-war-remembered-in-ceremony-at-ottawa-highschool-1.3156917?autoPlay=true (accessed 13 November 2017);

SCHROEDER, Derek (D.R.J.), LCdr, legal officer with the OJAG, "Recap of the CBA 2018 Military Law Conference", 16 October 2018; available at https://cba.org/Sections/Military-Law/Articles/2018/2018-Military-Law-Conference  the Canadian Bar Association National Military Law Section (accessed 9 December 2019);

___________on Lt(N) Derek Schroeder, see CANADIAN ARMED FORCES, "Legal Officer in the Canadian Armed Forces", You Tube published 6 August 2016; officers involved in the video are Lt(N) Derek Schroeder and Capt Francesca Ferguson available at https://www.youtube.com/watch?v=MTfB1jFpxcU  (accessed 8 August 2016);

___________"Sommaire de la Conférence de l'ABC en droit militaire de 2018", 16 octobre 2018, disponible à http://www.cba.org/Sections/Military-Law/Articles/2018/2018-Military-Law-Conference  (site consulté le 9 décembre 2019);

SCHROEDER, Derek and Francesca Ferguson, "Legal Officer in the Canadian Forces"; available at https://www.canada.ca/en/department-national-defence/services/caf-jobs/career-options/fields-work/other-specialty-occupations/legal-officer.html (accessed 1 June 2017);

I’m Lieutenant Navy Derek Schroeder from Ottawa, Ontario. I’m a Legal Officer serving as Deputy Judge Advocate at CFB Halifax, Nova Scotia.

I’m Captain Francesca Ferguson from Halifax, Nova Scotia. I’m a Legal Officer and I’m currently serving as Deputy Judge Advocate in Canadian
Forces Base Borden, Ontario.

FERGUSON: Legal Officers work in courtroom and administrative settings with all three environments of the Forces. We’re legal advisors to the
chain of command and experts in international and domestic law applicable to CF operations and military discipline.

SCHROEDER: When deployed overseas, Legal Officers take on responsibilities such as working with Canadian and allied forces, local officials
and international organizations such as the United Nations. We’re both military officers and lawyers who are field-ready experts in the law of armed
conflict and military justice.

It really is a unique legal practice. One day you could be deploying in support of a peacekeeping mission. On another you might be on Parliament
 Hill supporting the Minister of National Defence on a bill progressing through Parliament.

FERGUSON: Legal officers deal with complex legal issues early in our careers. I am a new Captain in the branch, and I get the opportunity to write
 legal opinions that go directly to the Chain of Command, who value my advice.

SCHROEDER: Many Legal Officers think of their international and domestic deployments as the highlight of their careers. Now that I’ve done my
 legal and my military training, I’m really looking forward to the challenge and the excitement of taking part in one of the Forces’ international operations.

FERGUSON: Legal Officers must already have been admitted to a provincial Bar before joining the Forces, but there’s no requirement for prior military
experience of any kind.

SCHROEDER: After your enrolment, you’ll go through the same Basic Military Officer Qualification as every other officer in the Forces.

FERGUSON: Then, you’ll be under the umbrella of the Office of the JAG, the Judge Advocate General. During your first year, you’ll be employed as
 a legal officer, but you’ll also spend a significant part of your time on military legal education and professional development.

There’s quite a steep learning curve. The fields of law we practice are quite specialized and are not typically taught in law school. New lawyers must
learn the basics of operational law, military justice and military administrative law. You’re also provided with ongoing learning opportunities, so you
can continuously strengthen your skills as you move up the ranks.

SCHROEDER: As a Legal Officer, you never stop learning – military criminal law, maritime law, national security law. There’s always a new challenge
 and a new opportunity to grow.

FERGUSON: Most Legal Officers begin their career at National Defence Headquarters in Ottawa where you’ll be working on a wide range of files with
 a team that’s similar to a medium-sized civilian law firm.

SCHROEDER: Other Legal Officers are posted to Forces bases in Canada or in places like Germany, Belgium or the United States.

FERGUSON: As a base legal advisor, I face new challenges every day. The units come to me with questions that need to be resolved, and it is my job to
 determine what the legal issues are, and how to respond effectively. Whether it’s related to discipline or questions of an administrative nature, my advice
 can have a serious impact on a member’s career.

SCHROEDER: I became a lawyer because I wanted to serve my community - I wanted to help people. And there’s no question about it. As a Legal Officer,
 I provide advice and influence decisions that can have a very significant impact on people’s lives.

FERGUSON: I get to say that it’s part of my job to go into a foreign country, often into a conflict zone, to address international legal issues. And I have
 to admit - that’s pretty exciting.

SCHROEDER: If you have the ability and the desire to do something different, to serve Canada, to do something both deeply challenging and rewarding,
 then becoming a Legal Officer in the Forces may just be the right move for you.

SCHROEDER, Lara, "Jailed for his faith.  In the Second World War, some pacifists were jailed for refusing to fight. Frank Peters was never the same again", CBC News,  26 March 2019, available at https://newsinteractives.cbc.ca/longform/jailed-for-his-faith (accessed 27 March 2019);

/----
SCHULZ, Christian, Das kanadische und das deutsche Wehrrecht im Rechtsvergleich, [The Canadian and German military law in comparison], Frankfurt am Main: Peter Lang, 2009, 208 p., (series; Europäische Hochschulschriften. Reihe II, Rechtswissenschaft ; Bd. 4796; European University Studies; Series II; Law; vol. 4796), ISSN: 0531-7312; ISBN: 978-3-631-57302-0; Notes: "Zugl.: München, Univ der Bundeswehr, Diss., 2007"; bibliography at pp. 197-208; see The table of Contents at  pp. 9-14;

SCOBLE, T. C. (Thomas Clarkson), 1840-1900,  The Canadian volunteer's hand book for field service /  compiled by T.C. Scoble, Toronto : H. Rowsell, 1868,  108 p. : ill. ; 18 cm.   NOTES: Cover title: Hand book for field service  "Approved by the Adjutant General of Militia, Canada." Tables.   Stewart Collection; copy at OONMC =  Canadian War Museum, Hartland Molson Library/Musée canadien de la guerre, Bibliothèque Hartland Molson, 1 Place Vimy, Ottawa, rel 819-776-8680;  available at https://archive.org/details/cihm_26443  (accessed 6 May 2017);

Equitas' image source: equitassociety.ca/

Scott v. Canada (Attorney General), 2017 BCCA 422 (CanLII), available at www.canlii.org/en/bc/bcca/doc/2017/2017bcca422/2017bcca422.html  (accessed 11 December 2017);

SCOTT, Craig, Brief on the Investigation of Canadian Nationals for War Crimes and Crimes against Humanity in Afghanistan Submitted to The Prosecutor of the International Criminal Court, Toronto, 26 November 2017 [iii], 115 p., available at https://nathanson.osgoode.yorku.ca/wp-content/uploads/2017/11/BRIEF-TO-ICC-PROSECUTOR-BENSOUDA-C-Scott.pdf (accessed 6 January 2018); also available at https://digitalcommons.osgoode.yorku.ca/reports/210/ (accessed 16 December 2020);

9.  The timing and nature of  legal advice

In general, the public has not come to know the content of legal advice given by
Canadian government lawyers to various actors in relation to the Afghanistan situation.
Such opinions have been refused based on the invocation of solicitor-client privilege as
an exception under the Access to Information Act. For example, when an ad hoc Committee
of Parliamentarians was created to deflect a showdown between the House of Commons and
the Harper government (discussed below), documents assessed by the government and a
panel of arbiters as solicitor-client communications were completely
excluded from being seen by the six participating MPs; this was one of the key reasons
that a fourth party, the New Democratic Party, refused to participate in the process.

One small exception is a glimpse at a legal opinion by then Judge Advocate General of the
Canadian Forces, Ken Watkin – a glimpse in the form of a single paragraph quoted
in a news report after a journalist had access to a copy. The news story indicates it was
a five-page memo and was written on May 22, 2007. The legal memo’s existence only
became known a full three years afterit was written when the Toronto Star reported on
it as a leak and quoted a one-paragraph extract on February 25, 2010. To re-orient the
reader of this brief, May 22, 2007, wasa month after the first Byers-Schabas letter was
sent to Prosecutor Ocampo (and made public) and similarly almost a month after the
first Globe and Mail article was published that set out in great detail the testimony
about torture of some 30 Afghans who appear to have passed through Canadian hands
on their way their abuse.

One passage of the Watkin memo is reported to read as follows:

Military commanders who know, or are criminally negligent in failing to know, that a
transferred detainee would be subjected to such abuse have the obligation to take all
necessary and reasonable measures within their power to prevent or repress the
commission of such abuse. They may also be subject to criminal liability for failing to
submit the matter to competent authorities for investigation and prosecution.

The entire Watkin memo (or other parts of it) has not been released or published,
although, obviously, the Toronto Star does appear to have at least seen a copy. It could
be important for the ICC OTP to secure a copy of it.

This small leak to the press serves to underline that it will be crucial for an ICC
investigation to follow the path of the role of lawyers and their legal advice – which
may especially come up as an issue if and when individuals seek to plead legal advice as a shield
or mitigating factor.

This includes understanding the cross-departmental role of lawyers meeting and
coordinating legal responses on the multiple fronts the last government was fighting
transparency in relation to Afghan detainee transfers.

A separate communication will be conveyed that discusses the progression from (the
little that is currently known about) the Watkin memo of May 22, 2007, to the reference
to a legal test in the earlier-reproduced passage from Lt. Gen. Gauthier’s Amplifying
Guidance of September 18, 2007.  

Craig Scott: image source: http://www.osgoode.yorku.ca/faculty-and-staff/scott-craig-m/, accessed on 5 January 2014.

___________Intervention in the House of Commons about the role of the Judge Advocate General, 26 March 2015 with background information by the Minister of National Defence; available at http://www.parl.gc.ca/content/hoc/House/412/Debates/190/HAN190-E.PDF (accessed 14 March 2017);

Hon. Jason Kenney (Minister of National Defence and Minister for Multiculturalism)...
We therefore believe, pursuant to legal advice received from our own Judge Advocate General and the position taken by President
Obama's administration, that we have every legal prerogative to pursue the ISIL targets in eastern Syria, in part at the invitation of the
government of Iraq under article 51 of the United Nations Charter to give practical expression to the collective right of self-defence.
[House of Commons Debates (Hansard), 26 March 2015, p. 12358]

......

Mr. Craig Scott (Toronto --Danforth, NDP)...

The government wants to go in for reasons that have as much to do with electoral politics as they do with the actual need for Canada to be
involved in this way, especially by extending the mission to Syria.

    We debated this question back in early October. At the time, the motion that was passed by the House included Syria. We knew that it did.
It was clear, and there was a condition set by the Prime Minister that Canada would not extend its active mission, particularly the bombing
part of it, without the consent of the government of Syria, namely Assad.

    The U.S. had already put out its legal rationale for going into Syria a full two to three weeks before, on September 23, 2014. Surely any
competent Canadian government and its advisers would know what that rationale was by the time we had the debate in the House, yet the
only legal basis that the government put forward then for going into Syria was one of the consent of the Syrian government. No mention was
ever made of the U.S. rationale.

    Was that because the government had legal advice from somewhere within the government that the U.S. rationale was dubious, or even not valid?
If so, how the government went about getting a legal opinion that it liked a lot better is a question that has to be asked.

    Maybe there is a hint. Newspaper reports suggests that it was the Judge Advocate General, based in the Department of National Defence, who
gave that legal opinion.

     It is one, of course, we are never going to see, because the current government will raise the bogus argument of solicitor-client privilege as the
reason we cannot see the legal opinion. However, the Judge Advocate General has no business giving legal opinions on ius ad bellum, the use of
military force as set out in general public international law. That is the role of the legal adviser to the Department of Foreign Affairs, who in every
other government and every other Westminster system would be the one giving the opinion.

     The question is begged: did the legal adviser give an opinion back in September and October? Was it favourable to the government? If so, why
do we not know about it? If it was not favourable to the government, is that why the Department of National Defence has inserted itself and
overridden the Department of Foreign Affairs in its proper role of advising the government on the lawfulness of going to war?

      These are questions we have to ask. I would remind members that we have asked them and will continue to ask them. We will want to see the
legal opinions. It is not for the sake of legality itself, but in order to know what the government sees as the basis for going in and to be able to hold
the government to account for the reasons given, under law. It is also in order to be critical, to scrutinize, and have others who are also experts say
“case made” or “case not made”.

    The fact is that unless the government changes its ways, it is going to say, “Sorry, solicitor-client privilege”, which is so bogus. First of all, the
client is the government. Second, this is the ultimate public interest. There is nothing reasonably confidential in what the government hears about
whether it can go to war that cannot be shared, not just with Parliament but with Canadians as a whole.

    Therefore, with the Minister of Foreign Affairs here in the House, I do ask him to make sure that any legal opinion that has been received by
 the government is tabled, and tabled forthwith. [House of Commons Debates (Hansard), 26 March 2015, p. 12367]

 

___________"Moral and Legal Responsibility with Respect to Alleged Mistreatment of Transferred Detainees in Afghanistan: Presentation to the House of Commons Special Committee on the Canadian Mission in Afganistan", Presentation to the House of Commons Special Committeeon the Canadian Mission in Afghanistan, finalized version 11 February 2010; available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1552068 (accessed on 11 February 2014);

___________"War Crime Investigations: Former NDP MP Asks International Criminal Court to Look into Canada's Role in the Torture of Afghan Detainees", CPAC, Prime Time Politics, 27 November 2017, video, available at http://www.cpac.ca/en/programs/primetime-politics/episodes/54410147 (accessed 29 November 2017);

SCOTT, John Wilson, 1922-, Commander, legal officer, see Canadian Navy List for July 1960, available at https://navalandmilitarymuseum.org/sites/default/files/pdf/Navy_List_1960_July_400_dpi.pdf (17 August 2018);

___________on SCOTT, John Wilson, see "Legal Officer For Services Coming May 1", Times Columnist, Victoria, Friday, 26 February 1954 at p. 21, available at https://www.newspapers.com/image/,,,,, accessed 27 May 2020;

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___________on SCOTT, John Wilson, see "Navy Once Held A Funeral Service For New Deputy Judge Advocate", The Ottawa Citizen, Wednesday, 24 February 1954 at p. 3:

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Source: Proquest at https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....,
accessed 29 April 2020

___________on SCOTT, John Wilson, see "Officer Leaves for London Post", The Crowsnet, vol. 11, number 9, July 1959,  at p. 12, available at http://publications.gc.ca/collections/collection_2015/mdn-dnd/D12-19-11-9-eng.pdf (accessed 27 February 2019);

___________photo of Commander J. Scott:

Cdr J. Scott, first row, first on the right, image from McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers,
Ottawa : Office of the Judge Advocate General, c2002,  at p. 93, available at  pp. i-xii and 1-102.

SCOTT, Katie, lawyer and partner at  Rusonik, O'Connor, Robbins, Ross, Gorham & Angelini LLP.;

Katie Scott

Katie Scott B.A. (Hons) LL.B. Barrister & Solicitor Katherine S. Scott (Katie) graduated with a B.A.
(Honours) from St. Mary’s University and has a law degree from Dalhousie University. She is a
member of the Ontario Bar Association, the Canadian Bar Association and the Canadian Association
of Black Lawyers.

Katie’s first experiences practicing criminal law were at the Dalhousie Legal Aid Clinic and a summer
at the Judge Advocate General in Halifax, Nova Scotia.
[emphasis in bold and size added; read the rest at https://www.criminaltriallawyers.ca/?q=katie-scott, accessed 10 March 2019]

Sherry Elizabeth Scott
Image source: simcoe.com/announcements-
graduations/graduations/5736504-graduation-scott-sherry/, accessed 25 May 2019

SCOTT, Sherry (Sherry Elizabeth), lawyer, Captain, member of the OJAG and the Law Society of Ontario (information as of 25 May 2019);  as a legal officer, regular force, she attended the 2019 mandatory legal officer qualification course at Canadian Forces Military Law Centre, CFB Kingston, see Access to Information Act, DND Acess to Information and Privacy letter dated 12 June 2019, File A-2019-00289;

___________notes on SCOTT, Sherry, "GRADUATION-SCOTT SHERRY", 16 July 2015, available at http://www.lifenews.ca/announcement/5736504-graduation-scott-sherry  (accessed 19 June 2019);

Sherry Scott

GRADUATIONS Sherry Elizabeth Scott Call to the Bar It is with great pride, that the family of
Sherry Scott announces her call to the Bar, June 22, 2015 in Ottawa. Sherry graduated Juris Doctor
from Dalhousie University, in May 2014. She has just completed her clerkship with Justice Barnes
in the Federal Court in Ottawa. Sherry is excited to begin working with the Chief Justice of the
Court Marshal of Appeals Court in August 2015, also in Ottawa. Congratulations Sherry on all
your hard work and achievements! Much love from mom ( Darlene Scott), Granddad (Jim Cronin),
Auntie (Lori Beth Cronin), Papa (Ken Scott) and Gran ( Elizabeth Cronin who is smiling down from
Heaven).

Category: Graduations

Newspaper(s): Orangeville Banner

Location: Orangeville

___________photo of Capt Sherry Scott hereunder from the JAG Annual Report 2019-2010 at p. 12, available at canada.ca/content/dam/dnd-mdn/documents/legal-juridique/reports-rapports/jag/jag-annual-report-2019-20-full-web-en-20200923.pdf (accessed 24 October 2020);

Excellent photo of Capt Scott during an exercise.

SCOTT, W.E., lawyer and legal officer with the JAG (Army General List Officer), circa 1948-1952; got this information from the Canadian Army List of that period;

___________on SCOTT, W.E., Colonel, see "Reginan retires", The Leader-Post, Regina, Tuesday, 15 December 1959, at p. 8, available at https://www.newspapers.com/...., accessed 25 May 2020;

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Abstract: The United States and Canada, among others, have recognized that “misconduct stress behaviors” can be a “hidden”
by-product of war-zone deployments. The American military’s paradigm of punishment over treatment creates a “military misconduct Catch-22,
 in which the service member’s treatment need is identified as a result of, or only after, violations of military law. Civilian society then bears the
justice, familial, and social costs of the military’s failure to address combat stress–based misconduct. As an alternative to existing punitive
military pathways, we propose a rehabilitative justice pathway that builds on the successes of civilian criminal justice mental health courts—
to be implemented during active duty service, before separation from the Armed Forces. The approach, predicated on the circumstances of
each case, promotes resilience, honorable discharge, and successful reintegration of service members into society.
[source: http://explore.bl.uk/primo_library/libweb/action/display.do?tabs=moreTab&ct=display&fn=search&doc=LDLAlsidyva288ed97&indx=1&recIds=LDLAlsidyva
288ed97&recIdxs=0&elementId=0&renderMode=poppedOut&displayMode=full&frbrVersion=&vl(drEndYear4)=Year&vl(46690061UI3)=all_items&vl(drStartMonth4)=
00&vl(41497491UI2)=any&vl(10130438UI1)=any&dscnt=0&vl(1UIStartWith0)=contains&vl(1UIStartWith2)=contains&mode=Advanced&vid=BLVU1&vl(boolOperator1)
=AND&tab=local_tab&vl(freeText1)=&vl(drStartYear4)=Year&vl(drStartDay4)=00&dstmp=1516353072414&frbg=&vl(10130439UI0)=any&scp.scps=scope%3A%28BL
CONTENT%29&tb=t&vl(1UIStartWith1)=contains&srt=date2&vl(boolOperator0)=AND&Submit=Search&vl(drEndMonth4)=00&vl(freeText2)=&vl(boolOperator2)=AND
&vl(freeText0)=military%20law%20Canada&dum=true&vl(drEndDay4)=00, accessed 19 January 2018]

SELLAR, Watson, "Canadian Non-Permanent Militia Units", (1946) 24 Canadian Bar Review 98-106; available at  https://cbaapps.org/cba_barreview/Search.aspx?VolDate=09%2f01%2f2017 (accessed 22 September 2017);

SEMBI, Manjit, compiled by, Topical index, Somalia Commission hearings, Ottawa : National Defence Records & Library Services, 1997, 17 leaves; concerns topical index of  the Commission of Inquiry into the Deployment of Canadian Forces to Somalia. Transcript of evidentiary hearing;

SEMIANIW, Walter, Lieutenant-General (retired), "A View from the Battlefield: A Commander's Perspective"  in Michel Drapeau Law Office, ed.,  Winds of Change: Conference and Debate on Canadian Military Law, [Ottawa:] Michel Drapeau Law Office, 2016, 102 p., at pp. 83-85, NOTES: Conference held at the University of Ottawa, 13 November 2015; "For the first time an international academic conference on military law was held in Canada at the University of Ottawa with the focus on reform and comparative law" (Gilles Létourneau, Preface, p. 7);  "(Organizing Committee for the Conference: Michel W. Drapeau, Joshua M. Juneau, Walter Semianiw and Sylvie Corbin)"; Speech transcribed by Joshua M. Juneau, p. 31; available at mdlo.ca/wp-content/uploads/2016/01/2015-Conference-Proceedings.pdf (accessed 20 January 2016);

SENAY, Cathy, "Le commandant de Valcartier impuissant à enrayer l’adhésion de militaires à La Meute", Ici Radio Canada, 18 décembre 2017, disponible à http://ici.radio-canada.ca/nouvelle/1073400/commandant-soldats-valcartier-impuissant-groupes-radicaux (consulté le 23 décembre 2017);

Un ancien membre du régiment des Voltigeurs vient de déposer une demande d'autorisation afin d'intenter
un recours collectif contre les Forces armées canadiennes pour agression et harcèlement sexuel. Il s'agit
d'une première au Québec. Ailleurs au pays, d'anciens militaires de la Nouvelle-Écosse, de la Colombie-Britannique
et de l'Ontario ont entrepris la même démarche.

SENÉCAL, Cimon Senécal, Quebec provincial Crown and member of the CAF reserves, acting in the prosecution of the Chief Military Judge's court martial, see Schmitz, Cristin, "Prosecutor withdraws 4 of 8 charges against top military judge; defence seeks judge’s recusal at court martial",  The Lawyer's Daily, 12 June 2019, available at https://www.thelawyersdaily.ca/articles/12967 (accessed 12 June 2019);

SENIOR, Elinor Kyte, 1926-1989,  An imperial garrison in its colonial setting : British regulars in Montreal 1832-54, thesis for the degree of Doctor of Philosophy, Department of History, McGill University, 1976, xii, 623 leaves; there is another title to the written thesis: British Garrison in Montreal1832-54, available at http://digitool.library.mcgill.ca/R/?func=dbin-jump-full&object_id=69164&local_base=GEN01-MCG02 (accessed 18 March 2018);

Image source: https://hum.ku.edu/seanseyer, accessed 1 March 2019
Sean Seyer

SEYER, Sean, "Walking the Line -- The International Origins of Civil Aviation Regulation in Canada", (2015) 38(2) Scientia Canadensis Canadian Journal of the History of Science, Technology and Medecine 79-89; available at https://www.erudit.org/fr/revues/scientia/2015-v38-n2-scientia02714/1037948ar.pdf (accessed 1 March 2019);

Abstract

This paper explores how international considerations shaped the Air Regulations of 1920, the first regulation
of civil aviation in Canada. After the First World War Allied representatives drafted the Convention Relating
to the Regulation of Aerial Navigation to both constrain the revolutionary potential of heavier-than-air flight
and foster international civil aviation. The Borden government considered aviation regulation a domestic matter
rather than an imperial one and recognized that Canada’s geographic position necessitated regulatory
coordination with the United States. In response, it crafted a postwar aeronautical policy that allowed for regulatory
compatibility with the convention, facilitated cross-border flight with the United States, and promoted a more
independent foreign policy. Thus Canada’s postwar regulation of the airplane represents an important element
in its larger twentieth-century realignment away from Great Britain and towards the United States.
[source: https://www.erudit.org/en/journals/scientia/2015-v38-n2-scientia02714/1037948ar/, accessed 1 March 2019]

Operation Nebarius

The ammunition is for a little-known training and capacity building program run by the Canadian military in the West African nation of Niger
under the codename Operation Naberius, said Capt. Vincent Bouchard, a spokesman for Canadian Joint Operations Command Headquarters.

A handful of Canadian soldiers have since 2013 helped train the Niger Armed Forces in marksmanship, reconnaissance and other basic military
skills under the auspices of Operation Nebarius, the CBC News reported earlier this year.

The little-advertised operation is part of Canada’s Counter-Terrorism Capacity Building (CTCB) assistance program that “provides training, funding,
equipment, technical and legal assistance [emphasis added]  to other states to enable them to prevent and respond to terrorist activity,” according to Global Affairs Canada.

Re Troops win Somalia medals (June 18) by Allan Thompson. It is about bloody time that the hard
work of the many soldiers, sailors and airmen who conducted Operation Deliverance in Somalia is
recognized by the Canadian government with a medal.

I only wish I could be standing with those individuals getting the Somalia medal, but that is not to
be because I was convicted of a military offence for a purported role in the death of Shidane Arone.

So be it, and I'm sure the others convicted feel the same as I do.

What angers me is Vice-Admiral Larry Murray's decision to have a military committee review personnel
files to determine who else might be excluded from getting a medal. What documents will his committee
be reviewing?

No doubt these documents will be military police reports and memos of the judge advocate-general's office,
but I would have thought that Murray's personal experience of being investigated by the military police would
have alerted him to the likely falsity of such documents. That was the impression made on me by his testimony
at the Somalia inquiry.

The best that can be said of the military police is that they are incompetent at investigating torture and murder.

That should not be surprising, however, since their job is to put up road signs and control traffic.

Let's hope that it is nothing more sinister than incompetence.

As for the memos that flow out of the judge advocate-general's office, it was clear even from an abridged
inquiry that these are politically tainted. How else might these memos be affected?

In my opinion, the so-called Somali affair was over prosecuted, and my suspicion is that this was motivated
in part by an effort to prevent the downsizing of the judge advocate-general's office and by some military
lawyers' desire for career advancement.

That as it may be, the military lawyers have had their days, weeks, months and years in court, and to give
them their due they obtained several convictions including my own (the bastards!).

So why, after tipping his hat to the military justice system, does Murray now want to convene a military
committee to review files?

My suspicion is that some of the sharks in National Defence Headquarters feel deprived because they were
not invited to the judge advocate- general's courtroom feeding frenzies.

Regretfully, these sharks who were never in the Ogaden Desert will satiate their appetites on sailors, soldiers
and airmen who were in Somalia.

Tony Seward

Formerly Major Seward

Officer Commanding 2 Commando

Belleville

___________on SEWARD, Major Tony, see  "Airborne major jailed for role in Somalia affair", Lethbridge Herald, 28 May 1996, at p. 5, available at https://newspaperarchive.com/lethbridge-herald-may-28-1996-p-5/ (accessed 12 March 2019);

Image source: https://www.justsecurity.org/author/shahnaureen/, accessed 16 June 2016
Naureen Shah

SHAH, Naureen, "U.S. Monitoring of Detainee Transfers in Afghanistan International Standards and Lessons from the UK & Canada", December 20, 2010; available at SSRN: http://ssrn.com/abstract=1728888 or http://dx.doi.org/10.2139/ssrn.1728888 (accessed 5 June 2015);

Image source:ca.linkedin.com/in/g-e-joe-sharpe-9b381031, accessed 9 January 2018
G.E. (Joe) Sharpe
SHARPE, Brigadier-General (retired) G.E. (Joe), Biographical Notes on G.E. (Joe) Sharpe, available at http://mhic-cism.com/who_we_are/our-innovators/joe-sharpe/ (accessed 9 January 2018);

___________ "The Sand Beneath our Feet: The Changing Mandate in the Croatian Inquiry", 19 p.; available at http://veteranvoice.info/ARCHIVE/info_11may_Paper_ShiftingSands_byBGen_Sharpe.pdf (accessed 9 January 2018);

SHARPE, J.P., Lieutenant (N), was a member of the OJAG and defence counsel in  R. v. Marcouiller-Benjamin 1987 CM 106, Special General Court Martial, Lahr, Federal Repunlic of Germany, 11 December 1987, source of information:  MADSEN, C.M.V. (Chris Mark Vedel), Military law and operations, Aurora (Ontario): Canada Law Book, c2008-, vol. 3, at p. APP2: 1987-44;

___________SHARPE, J.P., Lieutenant (N), was defence counsel in the Standing Court Martial of R. v. Levis CM 34, St-Jean, Québec, 31 March 1988, source of information: MADSEN, C.M.V. (Chris Mark Vedel), Military law and operations, Aurora (Ontario): Canada Law Book, c2008-, vol. 3, at p. APP2: 1988-7;

SHAW, Amy J. (Amy Jeannette), 1972-, "Conscientious Objection in Manitoba during the First World War",  (Fall 2016) 82 Manitoba History 22-27; available at http://www.mhs.mb.ca/docs/mb_history/82/mh82web.pdf (accessed 3 January 2019);

Image source: http://www.uleth.ca/artsci/history/meet-our-faculty-staff, accessed 19 July 2017
Amy Shaw, History Department
University Lethbridge, Alberta
___________ These strange, ridiculous  and contradictory creatures: conscientious objection in Canada during the First World War,  Ph.D. thesis, University of Western Ontario, 2005, 287 p.;

This dissertation offers an examination of conscientious objection in Canada during the First World War. Under the Military Service
Act (1917) exemption from combatant service was available to members of organized and well-recognized religious denominations with
clear proscriptions against military service. Conscientious objection in Canada, then, was provided for on corporate, rather
than individual grounds. This dissertation looks at the implications of conscientious objection being considered a privilege
accorded certain minority groups, rather than an individual right. It examines some of those who chose to object conscientiously,
their reasons for so doing, and their treatment by the Canadian government and military. It also discovers how the wider Canadian
public understood objection, the perceived differences between bona fide and illegitimate objectors, and thereasons why conscientious
objectors were not able to mount any organized resistance to conscription along the lines of the No-Conscription Fellowship in Britain.
It looks at the place of conscientious objection in the evolution of ideas about citizenship and obligation, and the degree to which
the experience of the First World War informed the experience of objection in the Second. This dissertation uses government documents,
newspapers, courts martial records, and church histories in order to examine who objected in the First World War, and how these
individuals corresponded to the mainstream stereotype of the Canadian conscientious objector. It contributes to ongoing discussions
surrounding Canadian peace history, religious freedom, the relationship betweenvoluntarism and obligation in civil society.
[source: http://amicus.collectionscanada.ca/s4-bin/Main/ItemDisplay?l=0&l_ef_l=-1&id=761030.487595&v=0&lvl=1&coll=18&rt
=1&itm=33059358&rsn=S_WWWshanYKYYm&all=1&dt=AW+|courts+martial|&spi=-&rp=1&v=1, accessed on 7 July 2013]

SHAW, W.M.W. ("Mac"), Lieutenant-Colonel,  OJAG member, see "Army Appointments",  The Globe and Mail, 2 November 1946, at p. 8, available at https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview/1325771558/fulltextPDF/28E057ADABB54499PQ/43?accountid=46526 (accessed 20 July 2018);

Acting Lt.-Col. W.M.W. Shaw, 33 of Winnipeg, is to be deputy
judge advocate-general.
 

___________Major W.M.W.  Shaw acted as the Judge Advocate  in the General Court Martial referred to in the article: "Evidence Ended At Harvey Trial By Court-Martial", The Globe and Mail, 29 March 1946, at p. 10:

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ProQuest Historical Newspapers:
Source: https://search-proquest-com.ezproxy.biblioottawalibrary.ca...,
The Globe and Mail,  accessed 25 November 2018

___________Major W.M.W.  Shaw acted as the Judge Advocate  in the General Court Martial referred to in the article: "Trial of Soldier by Court Martial Nears Conclusion", Hamilton Spectator, 1946/04/05, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5134568 (accessed 3 September 2018);

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___________Major W.M.W. Shaw, from Montreal,  was defence counsel for Cpl (A.-Sgt.) John Hugh Harvey, of Britain's Royal Army Medical Corps in a court martial composed of British Officers, except the Judge-Advocate and prosecutor, see "Non-Comissioned Officers Will Be Tried at Winnipeg.   Pair Said to Have Ill-Treated Other Prisoners After Fall of Hong Kong",  Hamilton Spectator, 1946/03/04, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5134595 (accessed 8 June 2019);

___________on Major W.M.W. Shaw, was Judge Advocate in the manslaughter trial referred in the article "Harvey Not Guilty of Manslaughter", The Winnipeg Tribune, 14 March 1946 at p. 1; available at https://www.newspapers.com/image/..., accessed 27 May 2020;  Harvey, Corporal (Acting Sergeant) tried for the homicide of Private Friesen in Japan in 1944; trial held in Canada; J.J. Kelly was defence counsel and Capt. F.W. Christie from Winnipeg was the prosecutor;

___________photo of Col W.M.W. Shaw with others,  "At Dinner Dance" The Ottawa Citizen, Monday, 9 May 1955 at p. 12, available at https://www.newspapers.com/...., accessed 28 May 2020;

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__________photo of Major W.M.W. Shaw in The Evening Citizen, Ottawa, Friday, 1 November 1946 at p. 3; retrieved from http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2337940343?accountid=46526, accessed 1 May 2020;

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Chris Shelley, image source:
ca.linkedin.com/in/chris-shelley-44b5a866, accessed 30 March 2020

SHELLEY, Chris, Colonel (retired), "A Lonely Impulse of Delight...With Catastrophic Consequences", Flight Command, Issue 2, 2019 at pages 23-29 available at http://flightcomment.ca/wp-content/uploads/2019/11/2-2019_EN.pdf (accessed 30 March 2020);

Summary by François Lareau
On 14 October 1942, an RAF Sgt pilot has an aircraft accident in
Manitoba.  The pilot cut an electrical high wire that fell on the ground,
electrocuting and killing two human beings.  There are investigations and
a court martial.  Well written.

SHEPARD, L.J., Major, Assistant Judge Advocate-General, in military district number 13 with Headquarters in Calgary in 1946,  see The Quarterly Army List, April 1946, Part I, London: His Majesty's Stationery Office, 1946 at p. 184 (bottom page number) or p. 183 (top page number), available at https://deriv.nls.uk/dcn23/8964/89641296.23.pdf  (accessed 21 March 2019);

__________on SHEPARD, L.J., Major, see "Appointed Legal Officer, M.D. 13", Calgary Herald, Monday, 24 August 1942 at p. 13, available at https://www.newspapers.com/...., accessed 25 June 2020;

___________on SHEPARD, L.J., Major, see "Calgary Legal Officer Is Posted to Ottawa", Calgary Herald, Friday, 17 September 1943 at p. 17; available at https://www.newspapers.com/..., accessed 20 May 2020;

Pressing (and holding) the Ctrl key and scrolling  the
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Image source: en.wikipedia.org/wiki/Luis_Moreno_Ocampo, accessed 25 April 2017
Luis Moreno Ocampo

SHEPHARD, Michelle and Richard J. Brennan, "International court could probe possible Canadian war crimes.  The International Criminal Court’s chief prosecutor says he will investigate war crime allegations against Canadians over the handling of Afghan detainees if Canada won’t.", thestar.com, 28 April 2011; available at https://www.thestar.com/news/canada/2011/04/28/international_court_could_probe_possible_canadian_war_crimes.html (accessed 25 April 2017);

Prosecutor Luis Moreno-Ocampo says in a documentary soon to be aired on TVO that Canadian officials are not immune to prosecution if there is
evidence that crimes were committed by handing over detainees to face torture.

When Toronto filmmaker Barry Stevens asked Moreno-Ocampo in his film, Prosecutor, if the ICC would pursue a country like Canada over its role
in Afghanistan, he replied:

“We’ll check if there are crimes and also we’ll check if a Canadian judge is doing a case or not . . . if they don’t, the court has to intervene. That’s the
 rule, that’s the system, one standard for everyone.”

Image source: linkedin.com/in/jim-sheppard-9420452, accessed 18 March 2018
Jim Sheppard

SHEPPARD, Jim, "Soldier's trial likely to test rights charter", Toronto Star, Mar 3, 1989, p. A28;  supplementary information: first-degree murder in the death last June of 20-year-old Antoinette Charest; prosecutor Lt.-Col. Denis Couture; judge advocate: Pierre Boutet; pleaded guilty to manslaughter;  defence counsel: LCol Alain Ménard; Jacques Talbot of Montreal, a forensic scientist and psychiatrist, testified at a sentencing hearing and stated that Pépin suffered delusions;

Description: Cpl. Christian Pepin, 27, of the Royal 22nd Regiment - popularly known as the Van Doos - goes before a military
tribunal at Canadian Forces Base Lahr on Monday. Pepin's lawyer, Lt.-Col. Alain Menard, said in a telephone interview from
Lahr that he intends to challenge the validity of the proceedings on the grounds the military tribunal will not be the kind of
independent and impartial body required by the Charter. Menard said he also intends to argue that the military has no right to
 stage the court-martial in West Germany because the offence was committed in Hungary.
 (source: http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Previous+Page&pag=prv&pageNumberComingFrom
=2&vl(13699702UI1)=all_items&fn=search&indx=11&dscnt=0&scp.scps=primo_central_multiple_fe&vid=01LOC&mode=Basic&ct=Previous%20Page&
tab=default_tab&vl(13699701UI0)=sub&vl(freeText0)=Menard%2C%20Alain%20&dstmp=1468003318329, accessed 8 July 2016)

SHEPPARD, Michel-Adrien, "Peacekeeping Resources", 26 July 2006, available at  http://micheladrien.blogspot.ca/2006/07/peacekeeping-resources.html (accessed on 2 November 2014); Mr. Michel-Adrien Sheppard is a reference librarian at the Supreme Court of Canada;

SHERIDAN, A.J., LCol, received the Judge Advocate General's legal branch membership coin number 21, see http://www.lareau-law.ca/Coin2016.pdf (accessed 6 October 2020);

Image source: ca.linkedin.com/in/catherine-sheridan-harris-24994a85, accessed 30
Catherine Sheridan-Demers

SHERIDAN-DEMERS, Catherine, "Fighting the Good Fight: A Comparative Study of Military Ethics in Operations other than War", (Sping 2002) 5(1) The Army Doctrine Bulletin at pp. 38-42, available at http://manualzz.com/doc/18405357/the-army-bulletin-canada%E2%80%99s-professional-journal-on-army-i...   (accessed 14 September 2017);

Image source: msheriko.wordpress.com/, accessed 14 March 2017
Matt Sheriko
SHERIKO, Matthew, "Afghan Detainee Issue Still Unresolved for Canada", available at  http://www.connectionsmagazine.ca/story.aspx?issue=9&section=50&id=286 (accessed on 2 November 2014);

[of interest on this subject];
Title: Out of the Ruins: The Wire’s Baltimore - Congress 2011
Descriptive info: Jun 3, 2011.. Sarah Bernstein, Experience Congress 2011.. McMaster University PhD candidate
Sarah Trimble’s paper, “Body-More, Murdaland: Geographies of Gender, Race, and Capital in HBO’s.. The Wire.. ,”
reads the show’s Baltimore, Maryland as a space of becoming.. Trimble begins with a discussion of.. ’s second
season, which opens with the discovery of thirteen Jane Does in a shipping container in the Baltimore harbor..
The port, in its last stages of physical and economic decay, becomes a site of convergence for space and flesh..
Jump cuts create visual proximities between the embodied vulnerability of trafficked female bodies and the death
of work for white, working-class men.. As trafficked bodies, the Jane Does act as economic supplements to
working-class labour, while representing, at the same time, the eclipse of the working-class labour sector.. The
Jane Does also suggest a “feminization” of work – serving as a reminder that the labour market has shifted in favour
of the service industry.. In this way, Trimble sees.. playing with the long (think Imperial) history of gendering  ...
For Trimble, who is interested in finding other ways to read apocalyptic narratives,.. ’s ruined Baltimore develops
and rebuilds at the same time as it fissures to reveal the displaced, invisible bodies – the “collateral damage”
(incidentally, also the title of the season’s fifteenth episode) of this economic development.. Survivalist readings of
apocalyptic narratives amount to a “reconstituting [of] the family around a patriarchal model,” Trimble says.. Finding
an alternative reading, she feels, is ethically important.. “I was interested in the suppressed alternative, what happens
to women and children in the apocalyptic vision.. Trimble sees.. as exploring the “condition that we live in”: the ways
in which city-dwellers inherit proximities and fields of possibility from the city’s “spaces that open and close.. Histories
get materialized in our lives and bodies,” she says.. The city-space offers a “spectrum of futures.. The Wire’s.. apocalyptic
Baltimore is not just a ruin out of which something can be built; it is a site of excavation where visions and memories
themselves resonate.. Photo courtesy.. hirejoejohnson.. at Flickr..

Original link path: /2011/06/out-of-the-ruins-the-wire%e2%80%99s-baltimore/
Open archive

[source: http://archive-ca-2012.com/ca/c/2012-11-20_706822_2/Registration-Congress-2011/, accessed 14 March 2017]

SHERLOCK, Douglas Grant, The Doctrine of Hot Pursuit in International Law, 1965, 137 leaves; thesis; OCLC number 45663698;  Academic postgraduate diploma in law. Diss. London 1965; the author, Mr. Sherlock, died in 2013; member of the Office of the Judge Advocate General; retired in 1979;

___________biographical notes on Douglas Grant Sherlock:

Douglas Grant Sherlock, Commander RCN CD, age 84, died on January 28, 2013 of Alzheimer’s Disease. He attended
University Hill School and then UBC, graduating in Arts and Law. In 1965, he received an Academic Postgraduate
Diploma in Law from Kings College, London University. His dissertation on the Doctrine of Hot Pursuit is still pertinent
today. After being admitted to the Bar, he joined the RCN as a Lieutenant and became a member of the Judge Advocate
General’s Branch. He served with distinction in Korea, Tokyo, Cairo, London, Bonn, Lahr, Oakville, Halifax, Victoria
as well as four postings in Ottawa. After his retirement in 1979, he utilized his carpentry skills not only at home but by
building his motorsailer Camas on which he spent many happy days sailing the Gulf Islands waters. He was a member
of the NOAC and the Brentwood Bay Power Squadron and volunteered as a driver for the Cancer Clinic. He was very
proud of his UEL roots and of being a second generation Vancouver-born.
[source:  mccallbros.com/douglas-grant-sherlock/#comments, accessed on 11 January 2015; see also legacy.com/obituaries/timescolonist/
obituary.aspx?n=Clive-Langley-Rippon&pid=105325241, accessed 13 February 2016)]

___________on SHERLOCK, Douglas Grant, and his wife, see UBC Alumni Chronicle, 30 June 1951 at p. 20 and available at https://open.library.ubc.ca/collections/ubcpublications/alumchron/items/1.0224367#p19z-3r0f:judge%20advocate (accessed 18 April 2020);

Pressing (and holding) the Ctrl key and scrolling  the
wheel of the mouse allows to zoom in or out of the web page being viewed 

___________The Doctrine of Hot Pursuit in International Law, Bruxelles : Société internationale de droit pénal  militaire et de droit de la guerre, 1968, 110 p.; copy at Foreign Affairs and International Trade, Library, Ottawa; note: extrait de (1968) 7(1) Revue de droit pénal militaire et de droit de la guerre / Military law and law of war review 11-110;

___________on SHERLOCK, Lieutenant Doug, see McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office of the Judge Advocate General, c2002, at p. 82, available at i-xii and 1-102;

SHERWOOD, L.P., Lieutenant-Colonel, on, "slated for a position the JAG branch", see the article "Col. L.P. Sherwood Court President at Bowmanville", The Evening Citizen, Ottawa, 30 October 1942 at p. 1;

 

Pressing (and holding) the Ctrl key and scrolling  the
wheel of the mouse allows to zoom in or out of the web page being viewed 

Source: ProQuest at  https://search-proquest-com.ezproxy.biblioottawalibrary.ca...,
 accessed 29 April 2020

___________on SHERWOOD, L.P., Colonel, see "District Officers Named to Standing Court-Martial", The Ottawa Citizen, 4 July 1944 at p. 10, available at https://www.newspapers.com/image/...., accessed 24 June 2020;

SHIVJI, Salimah, "Military justice system doesn't breach charter rights, Supreme Court rules", CBC Politics, 26 July 2019; available at https://www.cbc.ca/news/politics/supreme-court-military-constitution-justice-1.5226104?cmp=newsletter-news-digests-cbc-news-politics (accessed 27 July 2019);

SHOJAEI, Lt(N) Ruth, legal officer, member of the OJAG; photo of Lt(N) Shojael with others:

"Office of the JAG‏ @JAGCAF 2h2 hours ago [21 November 2018]
Maj Brian Jalonen, Maj Desmond Burton-Williams, Lt(N) Ruth Shojaei and Lt(N) Naomi
Watson, from our Admin Law Division recently took part in the @CBA_News Administrative Law,
Labour and Employment Law Conference, a great learning opportunity in these challenging fields of law.",
accessed 21 November 2018.

___________on SHOJAEL, Ruth, see https://ca.linkedin.com/in/ruth-shojaei-742294113 (accessed 21 November 2018); as a legal officer, regular force, she attended the 2019 mandatory legal officer qualification course at Canadian Forces Military Law Centre, CFB Kingston, see Access to Information Act, DND Acess to Information and Privacy letter dated 12 June 2019, File A-2019-00289;

___________photo of SHOJAEL, Ruth, Lieutenant (N) with other members of the OJAG:

 Office of the JAG‏ @JAGCAF 6h6 hours ago [19 June 2019 ] Our Administrative Law Division
is happy to have their Captains back from their month-long Legal Officer Qualification Course.
Plenty of admin law files for Captains Ruth Shojaei, Andrew McGarvan, Jamil Beauchamp-Dupont
and Kaila Morin!

SHOREY, George, "Bystander Non-Intervention and the Somalia Incident", (Winter 2000-2001) Canadian Military Journal 19-28; available at http://www.journal.forces.gc.ca/vo1/no4/doc/19-28-eng.pdf (accessed on 27 December 2011);
FRANÇAIS :
SHOREY, George, "La non-intervention des spectateurs et la crise somalienne" (Hiver 2000-2001) Revue militaire canadienne 19-28; disponible à http://www.journal.forces.gc.ca/vo1/no4/doc/19-28-fra.pdf (vérifié le 27 décembre 2011);

___________“Disobedience of Professional Norms: Ethos, Responsibility Orientation and Somalia,” in C.L. Mantle, ed., The Unwilling and The Reluctant: Theoretical Perspectives on Disobedience in the Military, Kingston, Ontario: Canadian Defence Academy Press, 2006, at p. 199;

SHORTENO, Peter V., on, see "Superior Court Post Goes To Local Judge", The Gazette, Montreal, Wednesday, 3 March 1965, available at https://www.newspapers.com/...., accessed 29 May 2020;

Excerpt

Pressing (and holding) the Ctrl key and scrolling  the
wheel of the mouse allows to zoom in or out of the web page being viewed

SHYMKA, Ernesr, "Ernest Shymka Admitted to Bar", The Edmonton Journal, Wednesday, 3 December 1968 at p. 10, available at https://www.newspapers.com/...., accessed 28 May 2020;

Born at Smoky Lake...He entered theUniversity
of Alberta...received his LL.B.

....



Excerpts

SHYMKO, N., Captain, from Edmonton, member of the army's JAG  branch, see "Bar To Admit Army Member", Calgary Herald, Friday, 8 September 1961 at p. 3; available at https://www.newspapers.com/...., accessed 20 May 2020;

Image source: , accessed 27 December 2016
Joanne Sibbald
SIBBALD, Joanne, Military Humanitarian Civic Assistance Programs: Can the provision of care ever be wrong? An examination of the biomedical ethical challenges faced by military healthcare providers during deployed operations, A thesis submitted to the Faculty of Graduate and Postdoctoral Studies in partial fulfillment of the requirements for the Master of Arts degree in Public Ethics Faculty of Philosophy Saint Paul University July 2016, Ottawa, 2016, ix, 102 leaves; available at https://www.ruor.uottawa.ca/bitstream/10393/35183/1/Sibbald_Joanne_2016_thesis.pdf (accessed 19 September 2016);

Abstract
Military humanitarian civic assistance programs are short-duration medical missions during
which military healthcare providers provide medical treatment and assistance to a civilian
population. Created to provide medical care to populations in need, these programs have also
been utilized as a tool to support broader geopolitical and military aims. The inherent structure of
these programs can exacerbate or create situational vulnerabilities in the patient population.
Further, this structure may challenge the ability of military healthcare to adhere to the four
guiding principles of biomedical ethics: respect for autonomy, nonmaleficence, beneficence, and
justice.  In examining these programs through a bio medical ethical lens, it is believed that many
of the challenges present in these programs can be mitigated through enhancements to pre-
deployment training and education for healthcare providers in vulnerability and biomedical
ethics, greater partnerships with local healthcare providers, and a re-examination of program-
specific policies and doctrine within senior government and the military.

SIEBERT, Sara R., Capt., "The Law of Interrogation Guide: Table of Contents -- The Issue of Torture and Ill-Treatment", Office of the Judge Advocate General, Strategic Legal Paper Series Issue 1, OPI: DSLA, A-LG-007-SLA/AF-001, Issued on Authority of the Chief of the Defence Staff,  2008-06-04; available at http://www.forces.gc.ca/en/about-reports-pubs-military-law-strategic-legal-paper/law-interrogations-guide.page? (accessed on 4 January 2014); also available at http://www.forces.gc.ca/assets/FORCES_Internet/docs/en/jag/strategic-legal-paper-1-law-interrogations.pdf (accessed 2 September 2015);

Abstract
This paper discusses the law applicable to Canadian Forces intelligence gathering interrogations activities that take place
in the context of international operations. The objective is to provide a broad overview of the law of interrogation by
considering interrogation methods and techniques and exploring what is meant by torture and illtreatment in this context.
In situations of armed conflict, International Humanitarian Law (IHL) is applicable as lex specialis and human rights law
as lex generalis. This paper considers the minimum level of protection to which detainees are entitled under the provisions
of IHL and the standards of treatment that define the acceptable legal boundaries relevant to interrogations. In so doing,
the analysis also considers other areas and sources of law to better understand and interpret the applicable legal obligations.
Finally, specific methods and techniques aimed at persuading a detainee to cooperate are examined.

Table of Contents

• Introduction
• The Legal Framework
• The Law of Interrogation
• Annex A - Works Cited

FRANÇAIS :
SIEBERT, Sara R. (Sara Rosemarie), Capt., "Le guide du droit régissant les interrogatoires: Table des matières -- Les points sur la torture et les mauvais traitements", Bureau du Juge-avocat général, Série de documents juridiques stratégiques du cabinet du juge-avocat général -- Fascicule 1, A-LG-007-SLA/AF-001, Publication autorisée par le Chef d'état-major de la Défense, BPR : JAG-DAJS, 2008-06-04, disponible à http://www.forces.gc.ca/fr/a-propos-rapports-pubs-droit-militaire-document-juridique/droit-interrogatoires-guide.page? (vérifié le 4 janvier 2013); "Publié dans le cadre de la Bibliothèque numérique canadienne, la Collection des documents électroniques canadiens et de la Collection des politiques officielles du Canada; see also for reference: http://uottawa-primo.hosted.exlibrisgroup.com/primo_library/libweb/action/display.do?tabs=detailsTab&ct=display&fn=search&doc=UOTTAWA_IIIb5373922&indx=23&recIds=UOTTAWA_IIIb5373922&recIdxs=2&elementId=2&renderMode=poppedOut&displayMode=full&frbrVersion=&rfnGrpCounter=1&query=any%2Ccontains%2Ccanada+military+law&search_scope=default&dscnt=0&scp.scps=scope%3A%28UOTTAWA_DSPACE%29%2Cscope%3A%28UOTTAWA_III%29%2Cscope%3A%28UOTTAWA_SFX%29%2Cprimo_central_multiple_fe&mode=Basic&onCampus=true&fctV=%5B2014+TO+2017%5D&vid=UOTTAWA&institution=UOTTAWA&queryTemp=canada+military+law&rfnGrp=1&prefLang=en_US&fctN=facet_searchcreationdate&fromDL=&vl(freeText0)=canada%20military%20law&vl(284248662UI0)=any&group=GUEST&dstmp=1486112410347 (accessed 3 February 2017);

___________In Pursuit of Complementarity: the Prosecutorial Policy and Practice of the ICC, Trinity College, University of Dublin,  Ireland, 2007; (recherche en cours, 1er septembre 2015);

Sara Siebert

___________biographical notes on Sara Siebert, available at https://flsc.ca/about-us/council-of-the-federation/sara-siebert/  (accessed 28 February 2019);

Council Member nominated by the Law Society of Nunavut

Sara Siebert was nominated as a Federation Council Member by the Law Society of Nunavut in
 2018. Her practice, based in Iqaluit, focuses on criminal defence at the trial and appellate levels.
 Sara also sits on the Nunavut Criminal Code Review Board and is Counsel for Elections Nunavut.
....

Before moving to Iqaluit, Sara was Lead Criminal Counsel and Clinic Director for the Kitikmeot
Law Centre in Cambridge Bay. She previously served as a Legal Officer (Reserve) with the Office
of the Judge Advocate General of the Canadian Armed Forces, and deployed as a legal advisor on
Canadian Forces Operations overseas.

Sara Siebert
Siebert Law
P.O. Box 685
Iqaluit, NU
X0A 0H0
Tel: 867.222.9264
sara@siebertlaw.ca

SIEPKA,  Magda (Magdalena/M.K.),  about, see "Front-Line Legal: Magdalena Siepka--Class of 1999" at pp. 30-32 of the article by Maragaret Anne Fer, "U of M Alumni World Class", (2013) 8 Robson Fall Alumni Report  at p. 27; available at http://law.robsonhall.com/wp-content/uploads/2015/08/Robson_Hall_Alumni_Report_2012.pdf (accessed 4 August 2018);

Magda Siepka
___________ "Legal Branch Represents at Sea During Op APOLLO", (2004) 1 Les actualités JAG Newsletter 37;

All appears calm and quiet aboard the Operation APOLLO flagship, HMCS MONTREAL sailing
in the Arabian Gulf in support of the US-led Campaign Against Terrorism.
....
Training is a continuous process on the ship.  Aboard HMCS MONTREAL, I was exposed to
and even practiced some of the skills required of sailors firefighting, shoring and repairing pipe
leaks.  Much to the surprise of many, I discovered a hereto hidden talent of cutting a 4 x 4 with
speed and accuracy.

Magdalena Siepka, http://cbanational.rogers.dgtlpub.com/2009/2009-06-30/pdf/no_life_like_it.pdf, accessed on 11 April 2014

" Office of the JAG‏ @JAGCAF Jun 4 [2018]

Legal Officers LCdr Patrice Desbiens, Capt Karine Bolduc, Capt Marc-Antoine
Sigouin, and Maj Pascale Cloutier completed a 5-day course on International
Humanitarian Law offered by @uOttawa and @redcrosscanada last week,
including realistic case studies and simulated scenarios." (accessed 7 June 2018)

Lieutenant Sigouin’s leadership and tactical acumen were an inspiration to his soldiers, during two combat
operations in Afghanistan, between August and October 2007. With soldiers withdrawing from combat due
to exhaustion and heatstroke, Lieutenant Sigouin kept the remainder of his troops focused on the mission,
and effectively led additional troops through intense enemy engagements. His determination greatly
contributed to the platoon’s operational efficiency and success.

Lisa Silver, image source: https://ca.linkedin.com/pub/lisa-silver/64/14a/796, accessed 16 June 2015
SILVER, Lisa A., "Entries in National Defence Act (1): Section 5 -- The Criminal Code and the Canadian Forces : Episode 8 of the Ideablawg Podcasts on the Criminal Code of Canada", 10 November 2013; available at http://www.ideablawg.ca/blog/tag/national-defence-act (accessed on 7 December 2013);

___________"The Suppression of Riots, Manifestly Unlawful Orders, And The Prevention of Serious Mischief Under Sections 32 & 33: Episode 37 of the Ideablawg Podcasts on the Criminal Code of Canada", 29 March 2015, available at http://www.ideablawg.ca/?tag=military+law (accessed 16 June 2015);

SILVERMAN, Peter Guy, A history of the militia and defences of British Columbia, 1871-1914, Master of Arts thesis, Department of History, The University of British Columbia, April 1956, 264 leaves, available at https://open.library.ubc.ca/cIRcle/collections/ubctheses/831/items/1.0107136 (accessed 25 January 2018);

SILVERSTONE, Jack, former JAG officer, reserve, see http://www.therothwellgroup.ca/people/jacksilverstone/ (accessed 28 February 2019);

Jack Silverstone
Counsel
jacksilverstone@therothwellgroup.ca

Jack Silverstone, B.A., B.C.L., LL.B. (McGill), is an Ottawa-based lawyer.
....
He served as a primary reserve legal officer in the office of the Judge Advocate
General of the Canadian Forces.
 

SIMMS, Trina, former OJAG officer, see under BUSSEY, Trina, supra;

SIMONEAU, J.-Urbain, capitaine, member of the OJAG during WW II, see "Au service légal", La Presse, 4 octobre 1944, at p. 3, available at http://collections.banq.qc.ca/ark:/52327/2962786, accessed on 25 July 2018; décédé

___________ décès (avis de), La Presse, 21 février 1974, à la p. D 17;

___________renseignements sur Urbain Simoneau, La Presse, 28 mars 1944, à la p. 21 (consulté le 25 juillet 2018);

It is with great sadness we announce the passing of Brigadier General (Retired)
James McGarry Simpson CD, QC at the Perley & Rideau Veterans' Health
Centre on December 7th, 2020 in his 98th year. Beloved husband of 63 years
to the late Shirley Simpson (nee Kingsmill), and loving father to Paula Simpson
(Dale Carson) and Tim Simpson (Stephanie Shover). Proud grandfather to
Jamie Janes (Matthew Janes), Corey Carson (Behnaz Nouralian), Amanda
Carson (Christopher McFaul), and proud great-grandfather to Parker & Madison
Janes. Lovingly remembered by his nieces and nephews Penny and Stan
Kennedy, Jamie and Gloria Duhame, Ken and Peggy Gibson and fondly
remembered by many extended family  members in Ottawa, Winnipeg,
Western Canada, the United States and Scotland.

Born in Winnipeg, Manitoba on February 1st, 1923 to the late Charles and
Margaret (nee McGarry) Simpson, Jim enlisted to go to war where he eventually
became a night-flyer mosquito navigator in the Royal Canadian Air Force.
Upon return to Canada, he attended the University of Manitoba while spending
summers photo-mapping the Northwest Territories. He graduated from Manitoba
with a law degree, Harvard Law School with a Masters in 1959, and then from the
Royal Military College in London, England in 1964. Jim ascended the ranks to
become a respected and accomplished lawyer and was appointed Judge Advocate
General of Canada in 1972. He retired in 1976 after 36 years in the military to
work as an international contract lawyer for the United Nations in both New York
City and Vienna, and occasionally for the Law Reform Commission of Canada and
private law firms.


To know Jim was to know truth, kindness, humility and generosity. A true gentleman
with a sharp wit and a master of pun, his sense of humour always kept those around him
laughing. He loved music from an early age, and was an avid golfer and runner. He began
long distance running in his early fifties, and completed five full marathons with his first
at the incredible age of 72. Jim was an esteemed member of the community and an
inspiration to many with his never ending work ethic, supportive personality and long list
of accomplishments. He lived a long, happy and always active life closely surrounded by
family, friends, neighbours and pets.

Please join our family, friends and loved ones on Monday, June 12th 2023 in the MAIN BUILDING of BEECHWOOD CEMETERY for a memorial visitation, reception and funeral service to celebrate Jim's accomplished 97 years of life.

 

11:00am -1:00pm - VISITATION in the Canadian Forces Hall of Colours with a light LUNCH RECEPTION in the main building.

 

 ***** Please RSVP with the number of attendees for the in-person lunch*****

  

1:00pm - MEMORIAL SERVICE in the Sacred Space chapel.  Guests unable to attend in person can register for the livestream at:

 

https://forever.link/beechwood/james-mcgarry-simpson-cd

 

 

2:10pm - VEHICLE PROCESSION to the National Military Monument led by the Canadian Forces Honour Guard (optional). 

 

2:20pm - PROCESSIONAL MARCH to the graveside led by the Canadian Forces Honour Guard.

 

2:30PM - GRAVESIDE INTERMENT

[Received this email from Benoît Pinsonneault on 1 June 2023]

------------------

Testimonies from former JAGs:

Dear Simpson Family,
It was with much sadness that I heard of Jim’s recent passing. I offer my sincere condolences.
I was a young Captain joining the Legal Branch about the time Jim was leaving. Nonetheless,
he had already establish an impressive reputation as a low-key, professional, effective and caring
JAG. Every new offcier was well aware of Jim’s commitment to the OJAG and the rule of law.
His career was one to be admired and served as an example to us all. Over my career, I had several
occasions to speak with Jim. He always made the time to speak with and mentor younger officers.
I always learned much from him. When I became JAG, I had the distinct honour of hosting Jim,
and other past JAGs, at the the JAG 100th Anniversary Ball in 2011 in Ottawa. Jim was in fine
shape and great humour. We all enjoyed his company and stories of days past. He will be missed
but he leaves a great legacy. His spirit lives on. I thank him and his family for their many sacrifices
in the service of the OJAG, the CAF and Canada. Fiat Justitia (Let Justice Prevail). Take care.

Major-General (Ret’d) Blaise Cathcart, OMM,CD, QC ( former Judge Advocate General, 2010-2017)
17 December 2020.


It was with great sadness that I learned of the passing of General Jim. He was responsible for authorizing
my transfer into the legal branch in the 1970’s. An amazing man in all respects. He never lost touch with
the JAG family. He was kind, considerate, humble and generous. He left an undeniable positive impact
on all military lawyers with whom he came into contact. On behalf of myself and my family condolences
to the Simpson family. We will miss him.

Major-General (retired) Jerry Pitzul CMM, CD, QC (Judge Advocate General 1998-2006)

December 15, 2020.


As a young JAG officer who joined the Branch in 1982 I only had limited contact with Jim Simpson.
However, that is not to say that he was not well known. Highly respected by those who had served
with him his name regularly entered into the conversation about legal matters during those early
years. He graciously returned to the Branch offices periodically to meet the new legal officers.
Needless to say he had legendary status, not only because of his military service, but also as a
result of his post-retirement employment with the UN. This was topped off by his impressively
late entry into the world of marathons. A true gentleman, he always took the time to chat with
 us younger officers.   Jim's family are rightly proud of his service to Canada both in war and peace.

Brigadier-General (Ret'd) Ken Watkin, OMM, CD, QC (former Judge Advocate General)

December 12, 2020

[Source of testimonies: ottawacitizen.remembering.ca/obituary/james-simpson-1081147100/guestbook, accessed 8 June 2023]

 

-------
Contribution of BGen Simspon to the Law          Contribution du Bgen Jim Simpson à la Commission
Reform Commission of Canada                            de réforme du droit du Canada 

SIMPSON, James M. and the LAW REFORM COMMISSION OF CANADA, Extraterritorial Jurisdiction, Ottawa: Law Reform Commission of Canada, 1984, [xiii], 210 p., (series; Working Paper; 37), ISBN: 0662136039; pdf conversion finished on 10 November 2006; information on the French version/informations sur la version française, COMMISSION DE RÉFORME DU DROIT DU CANADA, La juridiction extra-territoriale, Ottawa: Commission de réforme du droit du Canada, 1984, [xiii], 222 p., (Collection; Document de travail; 37), ISBN: 0662928776; la version française a été mise en ligne le 19 novembre 2010;
ENGLISH VERSION
"Source: Extraterritorial Jurisdiction,
              Working Paper 37, 1984.  Department of Justice Canada.
              Reproduced with the permission of the Minister of Public
              Works and Government Services Canada, 2006."
- Table of Contents;
- [i-xiii] and 1-99;
- 100-210;
___________ La juridiction extra-territoriale, Ottawa: Commission de réforme du droit du Canada, 1984, [xiii], 222 p., (Collection; Document de travail; 37), ISBN: 0662928776; la version française a été mise en ligne le 19 novembre 2010;

VERSION FRANÇAISE
"Source : La juridiction extra-territoriale, 222 pages,
              Commission de réforme du droit du Canada, 1984.  Reproduit avec la
              permission du ministre des Travaux publics et Services gouvernementaux Canada, 2010."
- Table des matières;
- [i-xii] et 1-103;
- 104-222;

SIMPSON, Jay (J.G.), LCol,  "Address of the Australian Defence Force Inspector General" (May/Mail 2009) Sword & Scale -- Salut militaire; available at http://www.cba.org/CBA/newsletters-sections/2009/PrintHTML.aspx?DocId=37322#top and http://www.cba.org/CBA/newsletters-sections/2009/PrintHTML.aspx?DocId=37322#article15 (accessed on 29 April 2012);
FRANÇAIS:
SIMPSON, Jay, "Allocution de l'inspecteur général de la Force de défense de l'Australie" (May/Mai 2009) Sword & Scale -- Salut militaire; disponible à http://www.cba.org/abc/nouvelles-sections/2009/2009-05_military.aspx  (site visité le 29 avril  2012);

Jay Simpson (right) receiving his CD1 from Cdr Pelletier (source: (2006) 1 JAG Les actualités -- Newsletter 7)
___________"Can Asist Assist You?", (2007) 1 JAG Les actualités Newsletter 43;

____________ "A Note on Section 95 of the NDA -- Abuse of Subordinates / Note sur l'article 95 de la LDN -- Mauvais traitement des subalternes",  (2007) 1 JAG Les actualités Newsletter 75;

___________on LCol Jay Simpson, see photo hereunder:

Source of photo: Lookout, MARPAC News, CFB Esquimalt, 3 April 2018,
 at p. 14, available at  http://www.lookoutnewspaper.com/issues/63/2018-04-03-13.pdf, accessed 22 April 2020.

__________"Substantive Review Assignment", (2004) 1 Les actualités JAG Newsletter 27-30; résumé en français à la p. 27;

David Sinclair in Afghanistan, image source: (2004) 1 Les actualités  JAG Newsletter at p. 38.
SINCLAIR, David, Lieutenant-Colonel, "Eminent Jurists deem courts martial fair", The Chronicle Herald -- Herald Opinions, 1 October 2013; available at http://thechronicleherald.ca/letters/1157818-eminent-jurists-deem-courts-martial-fair (accessed on 3 November 2013); Lieutenant-Colonel David Sinclair is a JAG officer and AJAG (Atlantic) at the time of the article;

___________on David Sinclair, see Cristin Schmitz, "Troops fear traffic crash policy puts them at risk.  Poor Afghans could intentionally collide with ilitary vehicules to get compensation", The Ottawa Citizen, Sunday, 7 December 2003, available at https://www.newspapers.com, accessed 17 May 2020;

excerpt only

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___________Photo of  David Sinclair playing bass with singer:

"From left, Dave Sinclair on bass with vocalist Clark Colwell with the band
Lateby10, from the Office of the Judge Advocate General, at Rockable Hours.
Photo by Caroline Phillips", source: obj.ca/article/legal-community-amps-it-rockable-hours-
benefit-ottawa-food-bank, accessed 7 June 2019.

"Office of the JAG‏ @JAGCAF 5h5 hours ago [5 June 2019]  It’s official! Effective July,
the AJAG Eastern CWO, CPO1 Pivin will be the new College CWO at @RMCCanadaCMR
in Kingston. The senior appointment ceremony took place at AJAG Eastern office with
CPO1 Bolduc, LCols Sinclair and Tremblay.

SINCLAIR, John S., Captain, deputy judge advocate general, acting, 22 August 1812, British army staff, 1812, see L. Homfray Irving, Canadian Military Institute, Officers of the British forces in Canada during the war of 1812-15,  [Place of publication not identified] : Welland Tribune Print, 1908, ix, 309 pages; 22 cm, at page 19, available at https://archive.org/details/officersbrit00irvirich, accessed 2 June 2020;

- Table of Contents
- Complete Book

Current: SA 2 JAG at Department of National Defence

Past:  Associate Deputy Minister Policy-Staff Officer at Department
          of National Defence, Adminsitrative Assistant to Director of Assets Management...

Education: University of Ottawa / Université d'Ottawa, Athabasca University, University of Ottawa / Université d'Ottawa

Image source: ismllw.org/REVIEW/mllwr%20EB.php, accessed 28 February 2018
Sandesh Sivakumaran

SIVAKUMARAN, Sandesh, University of Nottingham, "Who Makes International Law? The Case of the Law of Armed Conflict", 7 December 2017, 32 p., available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3084238  (accessed 28 February 2018);

Weapons treaties have tended to emerge through different processes. In the case of the campaign to prohibit anti-personnel mines, for example,
the driving forces were non-governmental organizations.17 The ICRC also played an important role, as did a core group of states led by Canada.18
The campaign ultimately led to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on
their Destruction, which was adopted by states at a diplomatic conference in Oslo, and subsequently opened for signature in Ottawa....
------
....
17 K Anderson, ‘The Ottawa Convention Banning Landmines, the Role of International Non-governmental Organizations and the Idea of International Civil Society’
 (2000) 11 European Journal of International Law 91, 104.
18 See MA Cameron, BW Tomlin and RJ Lawson (eds), To Walk Without Fear: The Global Movement to Ban Landmines (OUP, 1998); L Maresca and S Maslen,
The Banning of Anti-Personnel Landmines: The Legal Contribution of the International Committee of the Red Cross (CUP, 2000).

[at p. 4]

-----------------------------------------------------------

The US DoD Law of War Manual notes that the law of war manuals of Australia, Canada, Germany and the UK were ‘helpful’ in the preparation of the Manual.68
The international group of experts that drafted the Tallinn Manual 1.0 note that they
‘regularly reference the military manuals of four States – Canada, Germany, the United Kingdom, and the United States. The international legal
community generally considers these four manuals to be especially useful during legal research and analysis with respect to conflict issues, although
their use should not be interpreted as a comment on the quality of any other such manuals. Moreover, the International Group of Experts included
members who participated in the drafting of each of the four manuals. These members were able to provide invaluable insight into the genesis, basis,
and meaning of specific provisions. Finally, unlike many other military manuals, these four are all publicly available.’69
------
68 Pages iv-v.
69 Tallinn Manual 1.0, 8.

[at pp. 13-14]

Abstract

In 1993, the Canadian peacekeeping operation in Somalia came under international scrutiny when a
young Somali, Shidane Arone, was beaten to death. His killing cast a dark shadow over a Canadian
mission that aimed to provide humanitarian assistance and ensure Canada’s international reputation
as a promoter of human rights. Subsequent investigations revealed that 2 Commando, the unit that
killed Arone, had been involved in several violent incidents with civilians. However, other Canadian
units in similarly hostile conditions had offered comfort and assistance to civilians. After examining
training records, enforcement of civilian protection norms, and unit subculture, the author finds that
2 Commando had developed a pernicious subculture that led them to quickly escalate situations to
violence and endanger civilians. Although responsibility for Arone’s death was properly attributed
to the members of the unit, failures in socialization, particularly in ignoring 2 Commando’s
countercultural subculture, occurred throughout the chain of command.

[source: https://link.springer.com/chapter/10.1007/978-3-319-77691-0_5, accessed 24 June 2019]

SKATFELD (sometimes we read SKATFIELD), C.R.J. (Clare Richard James), Flight Lieutenant, part of the JAG branch, see "Advocate General To Open New Branch", Calgary Herald, 15 April 1954 at p. 8; available at at https://www.newspapers.com/...., accessed 20 May 2020;

___________on SKATFELD, Clare see his photo with article under the title "Meet Clare Skatfeld the New Democrat Candidate Candidate for M.L.A. in Lillooet", Squamish Times, 12 September 1963 at p. 3, available at , accessed 26 June 2020;

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SKINULIS, Richard, "News -- Train Everyone  as if they're going to be the boss: JAG", 10 May 2013 The Lawyers Weekly 9; about  Major-General Blaise Cathcart, Canadian Forces JAG's speech at the 2013 Spring Conference of the Canadian Corporate Counsel Association in Toronto;

SLOANE, R.H., Lieutenant, "Standing Board to Try Soldiers--General Court-Martial Personnel to be Chosen From These Officers", The Globe, Toronto, 21 August 1918, at p. 7;

To facilitate general courts-martial, which have become so common
lately, the Militia Department is establishing standing boards of
officers to sit on general courts-martial in the various military districts.
.... In the Toronto Military District...Lieutenant-Colonel J.A.  Macdonald,
Q.C. is appointed Judge Advocate, and Lieut. R.H. Sloane, 1st Depot,
1st C.O.R., will act as prosecutor.    

SMALL, Jordan, "Busking soldier gets 10 days of confinement", Toronto Sun, 31 January 2014, available at http://www.torontosun.com/2014/01/31/busking-soldier-gets-10-days-of-confinement (accessed 9 Januray 2017);

SMART,  I.M.H. and G.G. Bell, "The armed forces and the civil authority controlled violence.  Aiding national development", Toronto: Canadian Institute of International Affairs, 1972, 14 p.; series: Behind the headlines, vol. 31, number 7-8; note: title noted in my research but document not consulted (26 July 2015); The Canadian International Council (CIC) produces Behind the Headlines, formerly published by the CIIA;  copy at University Ottawa, MRT Periodicals - MRT 6th floor, FC 1 .B425  v.1- 1940-;

SMITH, Arthur Leroy, about, in "Urges Civilians Be Given Charge of Courts-Martial",  The Globe and Mail, 24 August 1946, at p. 8;

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ProQuest Historical Newspapers:
Source: https://search-proquest-com.ezproxy.biblioottawalibrary.ca...,
The Globe and Mail,  accessed 2 March 2019

Arthur Leroy Smith
Progressive Conservative

___________House of Commons, Hansard, 23 August 1946:

Mr. SMITH (Calgary West):

...of the time of the committee to mention two matters of concern about which
I know something. I have no military achievements whatsoever, with the exception
that once I was a lance-corporal in the boys' brigade of the Methodist church in
Regina. That is as far as I got. Therefore I do not discuss matters of a military
nature. However I should make a suggestion to the minister, one which I have no
doubt has been made before. It has reference to courts martial. During the war I
appeared in quite a number of them, one of which I remember lasted eight days-and
perhaps may I say, in my own defence, appearing at all times without fee, as perhaps
a little contribution I might make in my own way to the war effort. But in my view
the whole system of courts martial is wrong. I am not referring to what an officer
in the field may do in respect of those minor things over which he has charge, My
suggestion is that in each military district there should be an appointee who would
be in the position of judge, and that such appointee would not be in uniform, but
would be in civvies. He would have nothing to hope for by way of promotion,
because there would be no further opportunity for promotion. Why do I make this
suggestion? I have in mind a court martial of an officer holding the rank of lieutenant-
colonel. On the court were five officers, two of whom were brigadiers. We had a
judge advocate from Victoria- and a very fine one at that. We had a prosecutor from
London, Ontario. That court martial lasted eight days, and ended with a reprimand,
or exactly the same decision which had been rendered by the district officer commanding
in district 13, Brigadier Harvey. I am sure that court martial must have cost the country
between $4,000 and $5,000; and I refer to it only by way of example. That court martial
had been ordered by the then minister of national defence, Colonel Ralston. The men
who comprised the court were fine men, honest men-I have no criticism in that respect
at all. But they all had certain ambitions in the army. And no one can tell me that after
going through the history of a case, where there has been a court of inquiry and where
a district officer has made a decision, following which the court martial has been
ordered, the persons sitting in judgment are not going to be affected by those conditions.
Unconsciously they will. Let us take another case, comiflg down to lower ranks. We find
that a court martial has been held and perhaps an acquittal ordered or a light sentence
imposed. I state no secret when I say that it is a custom in the army for the divisional
commander, or whatever his rank may be-the person higher up, anyway-to telephone or
to send notes saying, for example, "if this thing goes on, discipline will be weakened"-or
will disappear. In other words my thought is that justice cannot Supply-Defence-Army
be administered properly when, all the time, there is a senior officer back somewhere who
is in a position to criticize, and who is always in a position to assist by way of making
promotions. On the financial side-and I advance this idea for the minister's consideration-on
the financial side I am quite sure that it would not be an added expense. As you know, when
senior officers are charged you endeavour to bring in persons not in that area and so the
expense adds up. I make the suggestion knowing perfectly well that you cannot do
anything about it now. I had about ten experiences with courts martial during this last war;
I am not complaining about what they did-that is not the points- but it does seem to me that
there is something well worthy of thought and I am inclined to think that the suggestion I
have made may be of value. I turn now to something which may not be regarded as being
so constructive, the letter from the commissioner of the mounted police.
[source: https://www.lipad.ca/full/1946/08/23/3/#1442292, accessed 2 March 2019]

SMITH, C., Major, legal officer with the OJAG, see https://www.lawyerscanada.net/maj-c-smith/  (accessed 20 August 2018);

SMITH, Donald Blair, The Removal of the Imperial Limitations from the Canadian Constitution, A thesis submitted for the degree of Master of arts in the Department of Economics of the University of British Columbia, April 1925,  80 p., and see "The Army and the Navy"at pp. 34-42; available at  https://open.library.ubc.ca/cIRcle/collections/ubctheses/831/items/1.0099510(accessed 15 March 2018);

SMITH, Geoffroy G., Major, legal officer with the OJAG, works at Edmonton (information as of April 2017);

___________photo of SMITH, Geoffroy G., Major, with others:

" Office of the JAG‏ @JAGCAF 15h15 hours ago

We are pleased to quite often host law students in our offices as interns. Seen here are
 @UAlbertaLaw students Sarah Offredi and Luke Stretch with Cdr Thomas Flavin and the AJAG team in Edmonton."
Major Geoffroy G. Smith is first on the left.

SMITH, Graeme and Campbell Clark, "Top soldier [The CDS General Rick Hillier] changes tack, expresses doubt on deal", The Globe and Mail, 3 May 2007, available at http://www.theglobeandmail.com/news/world/top-soldier-changes-tack-expresses-doubt-on-deal/article94447/email/  (accessed 4 April 2017); also available at http://milnewstbay.pbworks.com/f/rad86A5D.pdf (accessed 19 January 2019);

-- 1st Judge Advocate General, 1911-1918
Lieutenant-Colonel Henry Smith in 1894,
subsequently Major-General

SMITH, Henry, 1837-1923, in World War I Canadian Generals, 125 pages at p. 68, first Judge Advocate General, Canadian militia; available at http://www.blatherwick.net/documents/General%20%26%20Flag%20Officers%20WWI%20and%20WWII/01%20World%20War%20I%20Canadian%20Generals.pdf (accessed 8 October 2017);

Major-General Henry SMITH

First Judge-Advocate General Canadian Militia

Born: 01/08/1837 Montreal, Quebec

Married:1866 Charlotte Honey of Cobourg, Ontario

Children: 3 Daughters

Died: 14/03/1923 Ottawa, Ontario

Medals

1866 General Service Medal Fenian Raid 1866 Clasp

1885 Northwest Medal Saskatchewan Bar (MID)

Civilian

1865 Attorney Ontario

1898 Editor Canadian Military Gazette

1907 Lecturer Military Law, History, Admin McGill University

Military

1856 Private 1st Volunteer Militia Rifle of Cobourg

02/1862 Ensign 1st Volunteer Militia Rifle of Cobourg

01/1863 Lieutenant 1st Volunteer Militia Rifle of Cobourg

1864 Cadet Royal Military School Kingston (1st Class)

1866 Captain (*) No. 1 Company 40th Northumberland Battalion

1870 Captain OC No. 2 Company 40th Northumberland Bttn

01/1872 Brevet Maj or Brigade-Major – 6th Division

1876 Brevet Major End Brigade - Major– 6th Division to 40th

1882 Major 40th Northumberland Battalion

09/1883 Major Adjutant 40th Battalion (PF)
1883 Major OC-‘C’ Company 40th Battalion

1885 Major 40th Battalion to the Northwest Force

1885 Major Assistant Adjutant General NW Field Force

1885 Lieutenant-Colonel Command 40th Northumberland Battalion

07/1887 Lieutenant-Colonel Commandant Royal School of Infantry London

1887 Lieutenant-Colonel DOC- Military District #1

04/1888 Lieutenant-Colonel DOC and Deputy Adjutant General MD #1

1892 Lieutenant-Colonel Canadian Regiment of Infantry

1893 Lieutenant-Colonel Renamed Royal Regiment of Canadian Infantry

1896 Lieutenant-Colonel DOC - Military District #1

1898 Lieutenant-Colonel Begins 5 year Hiatus in Military Career

10/1903 Lieutenant-Colonel Military Secretary to Staff Militia HQ AG Office

05/1905 Lieutenant-Colonel Chairman Pension Claims Board
1908 Colonel Adjutant-General’s Office

10/1911 Colonel Judge Advocate General (JAG) age 74

12/1914 Brigadier-General Judge Advocate General (JAG) age 77

06/1916 Major-General Judge Advocate General (JAG) age 79

01/1918 Major-General Retires as JAG age 80

08/1919 Major-General Retires– last year an Advisor at HQ

(*) Served during the Fenian Raids; his father, Lieutenant-Colonel William
Smith, Commanded the 40th Northumberland Battalion
 

 
___________"Military Aid of the Civil Power,” Canadian Military Institute, Selected Papers, X (1900), p.74; also search under Selected Papers of the Canadian Military Institute, vol. 11; research started on 4 March 2019; vol. 10 is at the Canadian War Museum, Hartland Molson Library/Musée canadien de la guerre, Bibliothèque Hartland Molson, at , U 444 C2 C36; no.39:c.2; no.33; no.30:c.2; no.12; no .21; no.23; no.25; no.26; no.28; no.30; no.31; no.39; research note: also look for the title: Canadian Military Institute year book instead;

__________on Colonel Henry Smith, see his order-in-council about his pay, "Judge Advocate General payt [payment] allowances $3500 p. an. [per annum] - Min. Mil. and Def. [Minister of Militia and Defence] 1912/01/02"; available at https://www.bac-lac.gc.ca/eng/discover/politics-government/orders-council/Pages/item.aspx?IdNumber=303083 (accessed 3 December 2020);

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__________on Colonel Henry Smith, see discussion about him, in the House of Commons, Committee of the whole, on Bill (No. 5) respecting the Militia of Canada, the Militia Act, 1904, 22 March 1904, at columns. 258-259, available at https://parl.canadiana.ca/view/oop.debates_HOC0904_01/142?r=0&s=1  (accessed 30 November 2020);

___________on Colonel Henry Smith, see discussion about his appointment in the Senate Debates, between the Rt. Hon. Sir Richard Cartwright and the Hon. Mr. Lougheed, 29 March 1912, at p. 883, available at https://parl.canadiana.ca

___________on Lieutenant-Colonel Henry Smith, I would consult in my research the following thesis : BEAHEN, William,  A citizens' army the growth and development of the Canadian militia, 1904-1914,  Thesis (Ph.D.)-University of Ottawa, 1980, 365 leaves, ISBN : 031500603X; at University of Ottawa, off-campus storage. Storage FC 543 .B387 1979a; I have not yet consult this thesis (1 December 2020, covid-19 pandemy); copy also at the Canadian War Museum;  to research!

___________on Lieutenant-Colonel Henry Smith, see "Pay of Lieut [Lieutenant]-Colonel Henry Smith as Military Secretary on Headquarters Staff to be $2500 p.an. [per annum] - Min M and D [Minister of Militia and Defence] 1903/10/24", available at (accessed 2 December 2020);

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___________on Major Henry Smith, Appointment Major Henry Smith to command D Co. Infantry School Corps, London, Ontario - Minister of Militia and Defence, 1887/07/16 recommended, introduced and approved; order-in-council number 1887-1570; Register Number: Series A-1-d , Volume 2773; Reference: RG2, Privy Council Office, Series A-1-a. For Order in Council see volume 506, Reel C-3387 Access Code 90; Privy Council minutes, 18-19 July 1887, (R.G. 2, Series 1, Volume 370), available at https://www.bac-lac.gc.ca/eng/discover/politics-government/orders-council/Pages/item.aspx?IdNumber=40628 (accessed 2 December 2020);

___________on Major-General Henry SMITH, see "The Militia Act.  Excellent Lecture by Lieut.-Col. Smith.  Sweeping Criticism of the Positions of the Minister and the general",  The Globe, Toronto, 10 January 1899 at p. 4, available at https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....,  accessed 10 July 2020;

------------
                          (1)                                                                                (2)                                                                                   (3)

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Image source: http://www.forces.gc.ca/en/about-reports-pubs-military-law-annual-2011-12/ch-2-100th-anniversary-first-jag.page, accessed 2 December 2014
"A ceremony at Major-General Henry Smith’s gravesite in Cobourg, Ontario for the unveiling of a commemorative marker to Major General Smith."

___________on Major-General Henry SMITH, see APPLETON, Ross A., Captain "Major-General Henry Smith: The Royal Canadian Who Became JAG",  2011, 43 pages, available at http://web.archive.org/web/20120401011157/http://www.theroyalcanadianregiment.ca/downloads/MGenHSmith_JAG.pdf (accessed on 26 December 201); see also http://web.archive.org/web/20130328083732/http://theroyalcanadianregiment.ca:80/individual_submissions/MGenSmith.html (accessed on 26 December 2018); see also at http://www.cba.org/CBA/sections_military/newsletters2013/jag.aspx and http://www.cba.org/CBA/sections_military/pdf/2013-05-jag.pdf (accessed on 28 August 2013);

The basis of Canadian military law at this time [1911 ]was contained in four publications.
These were: King’s Regulations and Orders (1910), the Manual of Military Law (1907 Edition),
Part II of Field Service Regulations, and the Field Service Pocket Book.
[p. 41 of 43, at footnote 116]

[Research notes:
- Part II of Field Service Regulations, available at https://wellcomecollection.org/works/hje53va5/items?canvas=13&langCode=eng&sierraId=b2900276x
- Field Service Pocket Book, available at https://archive.org/details/b28998558]

____________on Major-General Henry SMITH, see APPLETON, Ross A., Captain, "The Royal Camadian who Became Canada's First Judge Advocate General", Remembrance, vol. 1, at p. 23, available at http://worassociation.ca/remembrance/volume_1/digital.html  (accessed 30 January 2019); excellent one page biography!

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___________on Major-General Henry SMITH, see "Brig.Gen. Smith to Conduct Inquiry", The Globe  (The Globe and Mail, Toronto), 6 November 1915, at p. 18, available at  https://search-proquest-com.ezproxy.biblioottawalibrary.ca/ .... (accessed 5 February 2019);

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___________on Major-General Henry SMITH, see "Fuse Inquiry Nearing End.  Mr. Russell Tells of Fuse-making Arrangements",  The Globe, Toronto, 2 June 1916, at p. 4;

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[Source: https://search-proquest-com.ezproxy.biblioottawalibrary.ca/....,
ProQuest Historical Newspapers, accessed 5 March 2019]

[Research note to go further:  see the report of the Royal Commission on Shell Contracts, 1916,
available at epe.lac-bac.gc.ca/100/200/301/pco-bcp/commissions-ef/meredith1916-eng/meredith1916-eng.pdf, accessed 5 March 2019]

___________on Major-General Henry SMITH, see McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office of the Judge Advocate General, c2002, x, 242 p.,at pp. 15-18, 21, 25, 26, available at  i-xii and 1-102;

-------------
Source of image: riverwashbooks.com/product/             Desmond Morton, image source: ranker.com/
25698/The-Canadian-General-Sir-William-Otter            review/desmond-morton/847073 (accessed 10 January 2019).
-Morton-Desmond

___________on Major-General Henry SMITH, see MORTON, Desmond, 1937-, The Canadian General : Sir William Otter, Toronto : Hakkert, 1974, xix, 423 p., [8] leaves of plates : ill., maps, ports. ; 24 cm., Historical publication (Canadian War Museum), 0317-3860; no. 9; ISBN: 0888665350:

His [Otter's] second-in-command was Major Henry Smith, a Cobourg lawyer, and former brigade major, removed for political
reasons by the Liberals in the 1870s.  Smith might be a politician but he was also a keen soldier. [pp. 94-95]
..........

There was another change which affected Otter even more directly.  On January 1st, 1896, Colonel Walker Powell finally
retired.  As senior Canadian-born officer in the force and adjutant general since 1875, filling Powell's shoes had become
the summit of Otter's reasonable ambition.  An officer whom the newspapers constantly suggested as a suitable replacement
for the British general might, at least, be considered for the post.  To others, it was by no means obvious.  By some rights,
promotion was due to Lieutenant Colonel Matthew Aylmer, Powell's deputy.  However, Aylmer was a Liberal.  To his surprise,
Otter found that the favoured candidate was his old subordinate, lieutenant Colonel Henry Smith.  According to Otter's only
influential Conservative friend, Lieutenant Colonel Richard Tyrwhitt M.P.  Smith and his collaborators had been lobbying
government members for months.  Now, organized delegations of Ontario Tory M.P.s were calling on the minister of militia.
Eight years before, Sam Hughes had promised Otter his own support and that of his newspaper: now he was on the other side.
With characteristic bluntness, Hughes justified his conversion to Colonel Smith.  First, Aylmer, with his "grit proclivities," had
to be defeated.  Then there was the powerful suspicion that Otter, as the friend of Buchan and Mutton, was not himself
immune from that contamination.  In contrast, Henry Smith's allegiance was never in doubt: "He has always exercised his rights as
a freeman and voted for his party.  More than that, he has, without injury or loss of time or service to the force, always contributed
more than his means would admit of sometimes for the old party."

.....In fact, the appoitment remained vacant.  Colonel Tyrwhitt reported that Gascoigne had threatened to resign if the political
Colonel Smith was appointed... [pp. 151-152, footnotes omitted]

..........

He [Otter] might not, for example, have expected that they ["his new ennemies"] would command the full support of the Canadian Military Gazette
or that its elderly editor, his old subordinate, Henry Smith, already in full cry against the Liberal government, would so
cheerfully add Otter's to his list of intended scalps.  Indeed, as the election approached, Smith displayed a wholly unexpected taste
for invective. [p. 269]

..........

His [Minister Hughes'] doctrine of political favouritism was straightforward enough.  "Outside of promotions of high officials,"
he assured journalists, "I have no hesitation in saying that as between two men, one qualified and the other unqualified, the
qualified man being a liberal and the unqualified one being a Tory, the Liberal will get the job.  But other things being equal,
both being qualified, the Tory will get the job."  Of course qualification was very much a matter for the minister's own
judgement. .... Another [Otter's ]subordinate and bitter critic, long since retired, was Colonel Henry Smith, Hughes created
the appointment of judge advocate general for his old crony. [p. 310; footnote omitted]

 

Major-General Henry Smith, first, Judge
Advocate General, 1911-1918; image source: publications.gc.ca/collections/collection_2018/mdn-dnd/D1-16-2018-eng.pdf, accessed 4 February 2019

___________on Major-General Henry SMITH, note that he was from 1898-1903, editor of The Canadian Military Gazette;  research note: vol. 15(1900)-v.24(1909) of this publication is available, in bound, at the Canadian War Museum PER U 1 M55, in Ottawa; also Museum has 6 microfilm reels : illustrations ; 35 mm that covers the period 1898-1903; note: "All 63 volumes of the Canadian Military Gazette are available for viewing on microfilm in the Microfilm Room at the Royal Military College’s library, Kingston, ON", footnote 98, of   APPLETON, Ross A., Captain "Major-General Henry Smith: The Royal Canadian Who Became JAG",  2011, 43 pages, available at http://web.archive.org/web/20120401011157/http://www.theroyalcanadianregiment.ca/downloads/MGenHSmith_JAG.pdf (accessed on 26 December 201)

___________on Major-General Henry Smith, note that the former JAG was presiding a General Court Martial on 26 March 1918 in Montréal; at the time Smith was no longer the JAG but still a Major-General, even is he was over 80 years old!, see "Capt. Saucier Broke Military Law: Signed Cheques in Blank, not Knowing Regulation", The Globe  (The Globe and Mail, Toronto), 26 March 1918, at p. 16, available at  https://search-proquest-com.ezproxy.biblioottawalibrary.ca/ .... (accessed 5 February 2019);

   

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[1. To go further on the case of Paymaster and Honorary Captain Théodore Jean
Saucier, see "A Simple Reprimand: Hon. Capt. Saucier Exonerated of
Defalcation Through Blank Cheques", The Globe  (The Globe and Mail, Toronto),
18 April 1918, at p. 5, available at
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/ .... (accessed 5 February 2019)]

 

[2. To go further on the case of Paymaster and Honorary Captain Théodore Jean
Saucier, see "Capitaine en cour martiale", Le nationaliste, Montréal, 24 mars 1918, at p. 3, available at
 collections.banq.qc.ca/ark:/52327/2662546  (accessed 5 February 2019);

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[3. To go further on the case of Paymaster and Honorary Captain Théodore Jean
Saucier, see in French:

- "Le Cap. Saucier reconnu coupable", Le devoir, 26 mars 1918, p. 4, disponible à
http://collections.banq.qc.ca/ark:/52327/2799969 (consulté 5 février 2019);

- "Le Cap. Saucier est reprimandé", Le devoir, 17 avril 1918, p. 7, disponible à
http://collections.banq.qc.ca/ark:/52327/2799988  ( consulté 5 février 2019)]

___________on Major-General Henry SMITH and his appointment as Judge Advocate General in 1911, The Canada Gazette, vol. 45, number 22, 25 November 1911, at p. 2016, available at http://www.collectionscanada.gc.ca/databases/canada-gazette/001060-119.01-e.php?gen=2&image_id_nbr=179728&document_id_nbr=5923&f=p&PHPSESSID=2f4dt2r7uut3rvd9ccpl9ba4fcm6vr8cg50ehcpcfv4nlmvtejh1 (accessed 15 February 2019); pour la version française, voir la p. 2076;

-----------

___________on Major-General Henry SMITH and his duties  as Judge Advocate General as first issued in 1912, The Canada Gazette, vol. 46, number 8, 24 August 1912 at p. 594, available at http://www.collectionscanada.gc.ca/databases/canada-gazette/001060-119.01-e.php?gen=2&image_id_nbr=184190&document_id_nbr=5989&f=p&PHPSESSID=6t89akkhvrs9irkq117bv0jvjsvljnv2uh1tusmofto0dl82m2u1 (accessed 15 February 2019); pour la version française, voir la p. 641;

----------

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___________on Major-General Henry Smith and his promotion from Brigadier-General to Major-General, see "8 New Generals Named in Ottawa" The Globe [The Globe and Mail, Toronto], 15 December 1915, at p. 1, available at  https://search-proquest-com.ezproxy.biblioottawalibrary.ca/ .... (accessed 5 February 2019);

[On the  promotion from Brigadier-General to Major-General of Henry Smith]

....

___________on Major-General Henry Smith, see "The Militia Magazines 1867-1916 & Canada’s Big House 'Parliamentary Colonel’s.' ", 30 September 2019, available at https://canadaatwarblog.wordpress.com/2014/09/30/the-militia-magazines-1867-1916-canadas-big-house-parliamentary-colonels/ (accessed 19 March 2019);

Morton states; a predecessor of Smith’s as editor of the Gazette was “Captain” Fred Dixon. A Non-Permanent Active
Militia officer, he accompanied Canada’s First Contingent to South Africa in October 1899 as the Historical Recorder.
Dixon’s sudden departure for overseas duty would have likely prompted the appointment of Henry Smith to the vacant
editorship of the Canadian Military Gazette. [6] Col. Henry Smith was editor of the Canadian Military Gazette from
September 4th 1900 issue until the 13 September 1904 issue,.97[7]
....

 The Canadian Military Gazette editorial policy was distinctly anti-Liberal, pro-Conservative, Imperialist’s, reflecting
viewpoints of the once mighty Militia Lobby in the House of Commons. Styled as the “Parliamentary Colonels,” even
though their numbers diminished, the Magazines editors ect., Militia colonels or officers from the NAPM, PAM took
the reins trough an epoch. However when Colonel Henry Smiths “a Militia reformer; an ardent Imperialist, an
Anglican.” [8] A former Permanent Force officer surprisingly editor of the Military Gazette, allied connections to the
NPAM [Non-Permanent Active Militia], Militia Lobby, Conservative Party; publishing militia affaires, airing irritations
on both sides, viewed pertinacious to their cause.
--------
[6] Morton, Desmond, The Canadian General: Sir William Otter, op. cit., pp 390, 393.

[7] Morton, Desmond, The Canadian General: Sir William Otter, pp 390, 393.

[8] Morgan, Henry James; The Canadian Men and Women of the Time, Sec. Ed, p. 1,036.
[copy at Carleton University  Floor 5 Books  FC25 .M66 1912 LOCAL c.2 ; also at Ottawa
University: MRT General  FC 25 .C28 1912; this book is available at ia800208.us.archive.org/2/items/canadianmenwomen02
morguoft/canadianmenwomen02morguoft.pdf]

___________on Major-General Henry Smith, see "Militia Dept. [Department] Legal Branch to be constituted Major General Henry Smith to vacate the Office of Judge Advocate Genl. [General] and be 1 grade admin officer and Major O. M. Biggar to be Acting Judge Advocate General at $6,000 a year - Min. Mil.", available at  (accessed 2 December 2020); available at https://www.bac-lac.gc.ca/eng/discover/politics-government/orders-council/Pages/item.aspx?IdNumber=323423 (accessed 2 December 2020);

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Source of image: https://www.uwindsor.ca/law/2015-08-18/cba-essay-winner, accessed 21 May 2016

Photo of Laina Smith

SMITH, Laina, “The High Threshold for Environmental Damage in Armed Conflict”, winning essay, Canadian Bar Review, Military Law Section, 2015 Sword and Scale Essay Competition;available at http://www.cba.org/CBA/sections_military/pdf/Environmental_Damage_in_IHL_LSmith.pdf (accessed 18 September 2015);

SMITH, Randy, JAG officer, retired in 2016; graduated US ARMY JAG School, Charlottesville, Virginia, USA with Masters of Law degree in military law in 1992;

___________on SMITH, Charles  Randall, RCMP External Review Committee, 14 May 2019, see https://www.erc-cee.gc.ca/cnt/bt/index-en.aspx  (accessed 19 May 2019); aussi disponible en français à https://www.erc-cee.gc.ca/cnt/bt/index-fr.aspx (consulté le 19 mai 2019);

Mr. Charles Randall Smith was appointed the new Chairperson for the ERC for a
five year term beginning on June 18, 2019.  He is presently performing the role
of Vice-Chairperson until that time, effective April 11, 2019.  Mr. Smith served
with the Canadian Armed Forces for over 40 years, 30 of which were as a legal
officer with the Office of the Judge Advocate General (JAG).  Mr. Smith served
with JAG in a number of positions, reaching the rank of Lieutenant-Colonel and
posted to a number of locations, including RMC Kingston, Ottawa, Petawawa,
and Edmonton.  He was also the Senior Legal Officer on deployment to Kandahar,
Afghanistan.  He is a graduate of College Militaire Royal de St Jean, holds degrees
in both Civil and Common Law from McGill University, and has a Master of Laws
degree from the US Army JAG School in Charlottesville, Virginia.    Mr. Smith is a
member of the Law Society of Ontario.

-------

M. Charles Randall Smith a été nommé nouveau président du CEE pour un mandat
de cinq ans débutant le 18 juin 2019. Entre-temps, il occupe le poste de vice-président,
et ce, depuis le 11 avril 2019. M. Smith a servi dans les Forces armées canadiennes
pendant plus de 40 ans, dont 30 ans à titre d’avocat militaire au Cabinet du juge-avocat
général (JAG). M. Smith a occupé plusieurs postes au sein du Cabinet du JAG, où il a
atteint le grade de lieutenant-colonel et a été affecté à plusieurs endroits, y compris au
Collège militaire royal (CMR) de Kingston, à Ottawa, à Petawawa et à Edmonton. Il a
également été déployé à Kandahar, en Afghanistan, pour y occuper le poste d’avocat
militaire principal. Il est diplômé du Collège militaire royal de Saint-Jean, titulaire de
diplômes en droit civil et en common law de l’Université McGill et détenteur d’une
maîtrise en droit de la US Army JAG School, située à Charlottesville, en Virginie.
M. Smith est membre du Barreau de l’Ontario.

__________on SMITH, Charles Randall, see "Statement - Appointment of new Chairperson of the Royal Canadian Mounted Police External Review Committee", News provided by Public Safety and Emergency Preparedness Canada, 18 April 2019; available at https://www.newswire.ca/news-releases/statement-appointment-of-new-chairperson-of-the-royal-canadian-mounted-police-external-review-committee-847034926.html (accessed 27 April 2019);

OTTAWA, April 18, 2019 /CNW/ - Today, the Honourable Ralph Goodale, Minister
of Public Safety and Emergency Preparedness, issued the following statement:

"I am pleased to announce the appointment of Mr. Charles Smith as Chairperson of the
Royal Canadian Mounted Police External Review Committee (ERC).

Mr. Smith's five-year appointment will begin on June 18, 2019 when Interim Chairperson
David Paradiso's appointment comes to an end. Until then, he will assume the role of
Vice-Chairperson, helping ensure a seamless transition between the incoming and outgoing
Chairpersons.

Mr. Smith brings extensive legal experience to the position, including 30 years as a legal
officer with the Office of the Judge Advocate General for the Canadian Forces. I wish
Mr. Smith good luck with his new responsibilities.

Image source for Randy Smith: http://everitas.rmcclub.ca/?m=201203&paged=3, accessed on 18 November 2014

SMITH, Randy and Victoria Edwards, "E3161 Victoria Edwards (RMC 2003) interviewed 12339 LCol Randy Smith, Director, Office of the DND/CF Legal Advisor/ Legal Advisory Services", Posted by rmcclub on 11th March 2012, available at http://everitas.rmcclub.ca/?m=201203&paged=3 (accessed on 18 November 2014):

e-veritas: You have also done operational deployments as a JAG officer?

12339 LCol Randy Smith: In 2006, I deployed to Afghanistan as Legal Advisor with the National Command Element at KAF.
I was the advisor to BGen. (Now MGen) David Fraser, who was the commander of the Multinational Brigade for Regional
Command South in Afghanistan’s southern provinces in 2006. I was indeed fortunate to serve for MGen Fraser as his senior
legal advisor on Canadian legal matters; he was a real leader and a gentleman. I later presented a paper based on my experience
on the Rule of Law in Afghanistan “Law, reality on the ground, and the “no-man’s land” in between” at the Canadian Council
on International Law 35th Annual Conference: Individuals, States and Organizations (Oct 26th, 2006).

e-veritas: You returned to develop curriculum and teach law at RMC from 2000-2.

12339 LCol Randy Smith: In 2000, I was posted to the Office of Military Legal Education or OMLE (now called the Canadian
Forces Military Law Centre (CFMLC)) at RMC Kingston., a joint effort of the Canadian Defence Academy and the Office of
the JAG to provide innovative legal research, education and training to the CF. Developing curriculum and teaching two 3-4th
year courses at RMC took up 70% of my time. Within the broader context of Public International Law, The  (LOAC) course
POE488 considers LOAC`s two branches, the jus ad bellum (the right to the use of force) and the jus in bello (the law applicable
in conflict). POE486 Air and Space Law focuses on the international and national law applicable to air operations and outer space
activities, particularly of a military nature.

......

e-veritas: Your current position is varied compared to a traditional practice in administrative and personnel law.

12339 LCol Randy Smith: As Director, Office of the DND/CF Legal Advisor/ Legal Advisory Services, I supervise a team of
5 Justice lawyers, 4 Military lawyers, and 2 administrative assistants. The DND/CF LA provides legal services to the DND/CF
in all areas of the law, except those related to military law, military discipline, and the military justice system for which the
Office of the Judge Advocate General (JAG) is responsible. The DND/CF LA is organized into four divisions: Litigation and
Legal Advisory Services; Commercial Law Advisory Services; Public Law Advisory Services; and Support Services (e.g. finance,
human resources, information technology). The DND/CF LA provides legal services on issues relating to public law (e.g. human
rights, Charter of Rights, Aboriginal matters, access to information and privacy, labour and employment law, official languages),
national security law, legal risk management, contracting and procurement, environmental law, real property law, claims and civil
litigation, intellectual property law, Defence Administration Orders and Directives (DAOD) drafting, and legislative support.

......

12339 LCol Randy Smith: I started my career in JAG serving as defense counsel and prosecutor in both official languages.

As a legal advisor with Chief Military Personnel, I served as counsel on many cases related to the principal of
“universality of service” within the larger context of human rights. Universality of Service requires members
to perform general military duties, such as maintaining physical fitness, in order to continue service
with the Canadian Forces.

I served as legal advisor to Canada Command from 2007-10, which is responsible for the day-to-day oversight
of domestic and continental routine and contingency Canadian Forces operations. The Command has a lead
role in: Daily domestic and continental operations, including in the Arctic and through NORAD;
Support for major events held in Canada, such as the 2010 Olympic and Paralympic Winter Games;
Response to a terrorist attack; and Support for civilian authorities during a domestic crisis such as a natural
disaster. This posting was exciting, and involved very long hours, often in the middle of nights and on weekends.

SMITH, Robert, Lieutenant-Commander, "The Use of Force in CF Operations", lecture Canadian Forces College, Toronto, 25 January 2012 with slides; this reference was found in note 44 at p. 22 of R.S. DUNN, Non-Lethal Weapons (NLWs): The CF's Approach to Non-Lethal Weapons & The Strategic Ostrich Effect,  Canadian Forces College, JCSP 38, 7 May 2012; available at http://www.cfc.forces.gc.ca/259/290/298/286/Dunn.pdf  (accessed on 8 December 2013);

SMITH CROSS, Jessica, "One in 13 women sexually assaulted in Canadian military: StatsCan", Metro News, 15 August 2014; available at http://metronews.ca/news/canada/1126872/one-in-13-women-sexually-assaulted-in-canadian-military-statscan-survey-says/ (accessed on 25 November 2014);

The Canadian Forces Mental Health Survey, 2013, was conducted by Statistics Canada, in conjunction with
the Department of National Defence.
......

University of Ottawa PhD candidate Ashley Bickerton is studying military sexual assaults. Bickerton said the
sexual trauma data was welcome but criticized the definition of sexual assault used in the survey....

SMITHERS, John, Major, legal officer, was the prosecutor in the following court martial referred to in the article: Canadian Press, "Naval court rejects drunkenness claim.  Officer dismissed for sexual assault", The Globe and Mail, 11 November 1994, at p. A8;

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Source: ProQuest Historical Newspapers, https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview,
accessed 29 September 2018

SMOL, Robert, "Cooperation with government isn't working. Veterans need to start making noise:  Demonstrations would be most effective around planned public events like, yes, those of Remembrance Day", CBC News Opinion 11 November 2017; available at http://www.cbc.ca/news/opinion/veteran-protest-1.4397896 (accessed 15 December 2017);

___________ "Do our soldiers need a union? Some say that membership will invariably "pacify" those in uniform, but that hasn't happened in other countries", 26 August 2015; available at https://nowtoronto.com/news/do-our-soldiers-need-a-union/ (accessed 23 September 2015);

___________"A lament for the Canadian Airborne", CBC News, 3 March 2010, available at http://www.cbc.ca/news/canada/a-lament-for-the-canadian-airborne-1.931658 (accessed 29 December 2016);

It has been 15 years this week since the final curtain came down on what was arguably the most painful
political chapter in Canada's military history: The disowning and disbandment of the storied Canadian
Airborne Regiment in the wake of the Somalia scandal.

___________ "Why we should unionize the military", National Post, 20 May 2015; available at http://news.nationalpost.com/full-comment/robert-smol-why-we-should-unionize-the-military (accessed 21 May 2015);

SMYTH, Sarah M., Drone controversies : ethical and legal debates surrounding targeted strikes and electronic surveillance, Toronto, Ontario : Thomson Reuters, 2016,  xiii, 146 pages ;23 cm;

This book examines the legal implications of employing drones, which are flown autonomously, or by remote control, without
a pilot onboard. For a small fraction of the price of an airplane or helicopter, drones can fly through hazardous areas without
risking human lives, provide detailed information about people and things far below, and flutter past traffic jams to deliver
packages on time. It is estimated that by the year 2020, as many as 30,000 drones will be occupying national airspace in the
United States alone. This is one of the only books to date that considers the ethical and legal issues surrounding the use of
drones by government, industry, and individuals within the United States. It provides up-to-date information about the
current domestic and international regulatory framework governing the private and public use of drones for military,
commercial and recreational purposes.
-----

Source: scholars.latrobe.edu.au/display/ssmyth, accessed 19 January 2018
Dr. Sara M. Smyth

Dr. Sara M. Smyth is an Associate Professor at LaTrobe Law School in Melbourne, Australia where she teaches
cyber-security law. In 2016, she was a visiting scholar at the Castan Centre for Human Rights at Monash University's
Faculty of Law in Melbourne. In 2015, she was a visiting scholar at Georgetown University Law School in Washington,
D.C. She was an Associate Professor in the Faculty of Law and the Director of the Canadian Program in Law at Bond
University, Australia from 2012 through 2016. She received a PhD from Osgoode Hall Law School, York University
(2008); an LL.M. from the University of Toronto (2005); and a J.D. from the University of Victoria, Canada (2001).
Dr. Smyth also served as a law clerk at the British Columbia Court of Appeal and practiced law in Vancouver. She has
consulted extensively to Public Safety Canada and written a number of books including Cybercrime in Canadian
Criminal Law (Second Edition, 2015). She has also presented widely at conferences in North America, Europe and
Asia, including the U.S. Department of Defense Cybercrime Conference (2009 and 2010). From 2009 until 2012, she
was an Assistant Professor in the School of Criminology at Simon Fraser University where she taught cybercrime
courses and was the Associate Director for the International Cybercrime Research Centre.

[source: editionsyvonblais.com/detail-du-produit/drone-controversies-ethical-and-legal-debates-surrounding-targeted-strikes-and-electronic-surveillance/, accessed 19 January 2019]

SNOWDEN SURVEILLANCE ARCHIVE, available at https://snowdenarchive.cjfe.org/greenstone/cgi-bin/library.cgi (accessed 21 June 2017);

SOCIÉTÉ RADIO-CANADA, "La débâcle somalienne.  Période 1992-1997",  reportages disponible à http://archives.radio-canada.ca/guerreers_conflits/opations_paix/dossiers/789/  (vérifié le 5 janvier 2012);

___________"Un travail axé sur le compromis -- À quelques jours de son retour au pays, le juge québécois Pierre Boutet, qui a été à la tête du Tribunal spécial pour la Sierra Leone pendant six ans, commente son expérience dans une entrevue à Radio-Canada.ca", Radio-Canada.ca, jeudi 9 avril 2009; disponible à À quelques jours de son retour au pays, le juge québécois Pierre Boutet, qui a été à la tête du Tribunal spécial pour la Sierra Leone pendant six ans, commente shttp://www.radio-canada.ca/nouvelles/International/2009/04/08/006-entrevue-juge-boutet.shtml (vérifié le 8 mai 2012);

Abstract

What was the fate of liberal pacifism in Canada during the Great War? Although the majority of social reformers identified
with the war effort, not all pre-war pacifists succumbed to war hysteria or renounced pacifism outright. Some simply fell
silent. Others tried to maintain a more critical acquiescence in the war. Most important, however, was a small minority of
radical pacifists whose opposition to war was but one expression of their larger critique of the entire social and economic
order. Although not articulated fully during the first war, their synthesis of pacifism with radical social action laid the basis
for a renewed peace movement in the post-war era.
[Source: utpjournals.press/doi/pdf/10.3138/jcs.18.4.30, accessed 4 September 2018]

Summary

The twentieth century has been a time of world wars, violent revolutions and radical social movements. Conversely, perhaps in response
to the former, there has also been an upsurge in the phenomenon of pacifism, especially in the English speaking world. This thesis examines
 the development of pacifism in Canada in the first half of this century and describes its radicalization in conjunction with the trend towards
 radical social change. Canadian pacifism can trace its origins to a varied European, British and American past rooted in two distinct but
 complementary traditions, both of which were heavily religious in character. One was the historic non-resistance of pacifist religious sects
 which tried to remain separate from the social mainstream. The other was the liberal Protestant and humanitarian tradition associated with
 the progressive reform movement. Both traditions underwent an important transition in the course of maintaining a pacifist witness against
 war during the twentieth century. Although sectarian pacifists, by far the largest and most consistent element in Canadian pacifism, made a
 far-reaching adjustment within Canadian society, it was liberal pacifists who experienced a general radicalization. From the time of the First
 War increasing numbers of those who wished to exercise a pacifist witness were forced to abandon liberal reformism for some variant of the
 socialist creed. In effect, liberal pacifist ideals were combined with radical criticism of Canadian social, political and economic structures.
 Although liberal pacifist hopes resurfaced in post-war enthusiasm for the League of Nations and the disarmament campaign, the inter-war
 peace movement, including such groups as the Society of Friends, the Women's International League for Peace and Freedom, the Fellowship
 of Reconciliation and the Fellowship for a Christian Social Order, reflected the socially radical pacifism the Great War had bred. This became
 especially evident during the depression and for a time it appeared a pacifist-socialist alignment was in the forefront of Canadian social
 thought. Increased international violence by the mid-thirties, however, placed pacifists in a serious crisis--their pursuit of social justice came
 into direct conflict with their commitment to non-violence. Consequently, as social radicals began to abandon pacifism for the fight against
 fascism, the Canadian peace movement was severely weakened. With the exception of the Quakers, who bridged the primary division in the
 Canadian peace movement, the historic peace sects were not as open to view, but once confronted with the renewed challenge of conscription
 in the 1940's, sectarian pacifists joined with socially active pacifists in a concerted effort to preserve the right of individual conscience and to
 resist compulsory military service. Some pacifists, especially those with liberal roots, went further and sought and found a realistic pacifist
 response to wartime conditions, over and above moral indignation or isolation. Regardless of their precise actions, however, Canadian pacifists
 successfully exercised their witness against war. The thesis concludes that Canadian pacifists were a small but forceful minority who exercised
 a dual function in Canada: prophecy of an ideal of peace and justice and reconciliation of wartime tensions in society. Above all, however, in
 its uncompromising emphasis upon questions of conscience, the pacifist witness against war both directly and indirectly helped preserve
enduring moral principles underlying Canadian culture. (source: http://hollis.harvard.edu/primo_library/libweb/action/display.do?tabs=detailsTab&ct=display&fn=search&doc=TN_proquest
303191626&indx=7&recIds=TN_proquest303191626&recIdxs=6&elementId=6&renderMode=poppedOut&displayMode=full&frbrVersion=&vl(1UI0)=contains&dscnt=0&mode=Basic&vid=HVD&highlight=true&institution
=HVD&rfnGrp=1&tab=everything&dstmp=1494694925840&rfnGrpCounter=1&pcAvailabiltyMode=true&query=any%2Ccontains%2Cmilitary+justice+canada&vl(51615747UI0)=any&search_scope=everything&scp.scps=
scope%3A%28HVD_FGDC%29%2Cscope%3A%28HVD%29%2Cscope%3A%28HVD_VIA%29%2Cprimo_central_multiple_fe&onCampus=false&fctV=dissertations&bulkSize=30&fctN=facet_rtype&displayField=all&fromDL
=&vl(freeText0)=military%20justice%20canada, accessed 13 May 2017

Image source: http://www.wikistrat.com/experts/prof-joel-sokolsky/, accessed 30 November 2014
Joel J. Sokolsky
SOKOLSKY, Joel J., "Domestic Disturbances and the Military: The Canadian Experience", (Spring 1993) Parameters 93-101; available at http://www.carlisle.army.mil/usawc/parameters/Articles/1993/1993%20sokolsky.pdf (accessed on 29 November 2011);

SOLDIERS IN A STRANGE LAND --- Canada's Mission in Somalia

- Part 1 of 6 at https://wn.com/soldiers_in_a_strange_land_(1_6) (accessed 29 June 2017);

- Part 2 of 6 at  https://wn.com/soldiers_in_a_strange_land_(2_6) (accessed 29 June 2017);

- Part 3 of 6 at  https://wn.com/soldiers_in_a_strange_land_(3_6) (accessed 29 June 2017);

- Part 4 of 6  at https://wn.com/soldiers_in_a_strange_land_(4_6) (accessed 29 June 2017);

- Part 5 of 6 at https://wn.com/soldiers_in_a_strange_land_(5_6) (accessed 29 June 2017);

- Part 6 of 6 at https://wn.com/soldiers_in_a_strange_land_(6_6) (accessed 29 June 2017);

Hanya Soliman

SOLIMAN, Hanya, Deputy Director of the Directorate of Policy and Programs Intelligence and member of the Law Society of Upper Canada; see: http://2015.leadershipcanada.ca/hanya-soliman/, accessed 17 October 2017;

Image source: newspapers.lib.sfu.ca/cjn2-29422/page-5, accessed 13 November 2017

SOLOMON, Allan Omar (Al),  1914-1984, retired Captain (Navy) JAG Officer and subsequently Chairman of the Canada Pension Commission from 1971-1981;

___________on Allan Solomon, see photo and short notes in The Brandon Sun, Brandon, Manitoba, Wednesday 12 August 1964 at p. 1t ; available at https://www.newspapers.com/...., accessed 24 May 2020;  note spelling error for name;

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___________on Allan Solomon, see the article "Allan Solomon.  Former chairman of pension board", The Globe and Mail, 8 June 1984, at p. M5;

\
ProQuest Historical Newspapers

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___________on Allan Solomon, see the article by Sheldon Kirshner, " 'A pension is a right,' says former naval captain.  Solomon disburses millions to war veterans", The Canadian Jewish News, Thursday, 26 February 1981, at p. 5, available at http://newspapers.lib.sfu.ca/cjn2-29422/page-5 (accessed 8 September 2018);

___________on Allan Solomon, see the article "Officers and Men", (August 1964) 16(8) The Crowsnest  at p. 18; available at http://www.sous-marin.ca/crowsnest/1964-08.pdf (accessed 27 January 2019);

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___________on Allan Solomon, see McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office of the Judge Advocate General, c2002, at pp. 95, 96, 98, 213, available at pp. i-xii and 1-102 and  pp. 103-242;

___________Testified as Director of Personel Legal Services before the House of Commons, Standing Committee on National Defence respecting Bill C-243, An Act to amend the National Defence Act and other Acts in consequence thereof, 27th Parl., 1st Sess., Minutes of Proceedings, Number 32, Tuesday, March 14, 1967 and available at https://parl.canadiana.ca/view/oop.com_HOC_2701_13_2/869?r=0&s=1 (accessed 2 September 2020);

SOLOMON, David N., "Sociological Research in a Military Organization", (November 1954) 20(4) The Canadian Journal of Economics and Political Science / Revue canadienne d'Economique et de Science politique 531-541; see http://www.jstor.org/stable/138561?seq=1#page_scan_tab_contents (accessed 5 July 2016);  NOTE: "This paper was presented at the annual meeting of the Canadian Political Science Association in Winnipeg, June 3, 1954.  Defence Research Board Project D77-94-65-07";  also with the same title in Blishen, Bernard R., ed., et al., Canadian society ; sociological perspectives. Edited by Bernard R. Blishen [and others], Rev. ed., Toronto, Macmillan, 1964, xiii, 541 p.; 24 cm.;

Image source: www.itworldcanada.com/article/howard-solomon-live-at-rsa-conference-2016/381217, accessed 11 August 2017
Howard Solomon
SOLOMON, Howard, "Failure of UN group on international cyber law 'not positive' says Canadian expert", IT WORLD CANADA, 18 July 2017, available at www.itworldcanada.com/article/failure-of-un-group-on-international-cyber-law-not-positive-says-canadian-expert/394789 (accessed 11 August 2017);

International law experts worry that the recent failure of a United Nations Group of Government Experts [UN GGE] to reach unanimity on cyber law may
 lead to more state-backed online assaults.

“It’s certainly not positive this has happened, when you’re getting down to whether international law even applies (in cyberspace),”
Kenneth Watkin, a retired Brigadier-General and former Judge Advocate General of the Canadian Forces said in an interview Monday.

...

The Group, with an expanding number of countries, has been meeting since 2004 to agree on how laws and rules limiting conventional
war – such as an “armed attack” and the right to self-defense – apply in the cyber world.

...

Canada signed the 2012-2013 report of the GGE on the applicability of international law in cyberspace, seeing it “as the cornerstone for
norms and principles for responsible state behaviour.” Canada was a member of the Group that year.

SOMALIA AFFAIR or INQUIRY  & Government Reaction, see our complete web site at http://www.lareau-law.ca/military.1Somalia.html

Any researcher interested in military law and the JAG has to visit that web site!

Here are two pages of the Commission's report, vol. 5, pages 1435-1436 about the JAG,
available at epe.lac-bac.gc.ca/100/200/301/pco-bcp/commissions-ef/letourneau1997-eng/letourneau1997-vol5-eng.pdf (accessed 25 February 2019):

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ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca...., accessed 25 February 2019

"Somalia Affair", http://hrsbstaff.ednet.ns.ca/waymac/Sociology/A%20Term%202/Obedience%20Power%20and%20Control/somalia_affair.htm available at (accessed on 16 January 2012);

"Somalia report: some unanswered questions and probable conclusions", article in (1997) Esprit de Corps; available at http://findarticles.com/p/articles/mi_6972/is_12_5/ai_n28700778/ (accessed on 21 December 2011);

Daniel Paul Sommers, photo source: http://www.cba.org/CBA/newsletters-sections/2013/05_military.aspx, accessed on 6 April 2014   

SOMMERS, Daniel Paul, "On the importance of Legal Officers", (May/Mai 2011) Sword & Scale -- Salut militaire; available at http://www.cba.org/cba/newsletters-sections/2011/2011-03_military.aspx and http://www.cba.org/cba/newsletters-sections/2011/2011-03_military.aspx#article10  and http://www.cba.org/CBA/newsletters-sections/pdf/2011-03_ss4.pdf  (accessed on 30 April 2012);
FRANÇAIS:
SOMMERS, Daniel Paul, "De l'importance des avocats militaires",  (May/Mai 2011) Sword & Scale -- Salut militaire; disponible à http://www.cba.org/ABC/nouvelles-sections/2011/2011-03_military.aspx  et http://www.cba.org/ABC/nouvelles-sections/2011/2011-03_military.aspx#article8  (s ite visité le 30 avril  2012);

___________"Separate Society: An Overview of American Jurisprudence and the Military Justice System", (May/Mai 2011) Sword & Scale -- Salut militaire; available at http://www.cba.org/cba/newsletters-sections/2011/2011-03_military.aspx and  http://www.cba.org/cba/newsletters-sections/2011/2011-03_military.aspx#article4 and http://www.cba.org/CBA/newsletters-sections/pdf/2011-03_ss2.pdf  (accessed on 30 April 2012);
FRANÇAIS:
___________"Une société à part : vue d'ensemble du système de justice militaire et de la jurisprudence aux États-Unis",  (May/Mai 2011) Sword & Scale -- Salut militaire; disponible à http://www.cba.org/ABC/nouvelles-sections/2011/2011-03_military.aspx  et http://www.cba.org/ABC/nouvelles-sections/2011/2011-03_military.aspx#article3  (site visité le 30 avril  2012);

____________on SOMMERS, Daniel, legal officer, acted as defence counsel in the following court martial:  Cogswell C.H. (Bombardier), R. v. (2020) CM 2014 (accessed 22 December 2020);

___________on SOMMERS, Daniel, legal officer, reserve force, he attended the 2019 mandatory legal officer qualification course at Canadian Forces Military Law Centre, CFB Kingston, see Access to Information Act, DND Acess to Information and Privacy letter dated 12 June 2019, File A-2019-00289; with the OJAG;

___________on SOMMERS, Daniel, see following notes drom his web site at https://dcsllp.com/about, accessed 20 September 2020;

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Image source: http://www.osgoode.yorku.ca/faculty-and-staff/sossin-lorne/, accessed 30 November 2014
Lorne Sossin
SOSSIN, Lorne, "Experience the Future of Legal Education" (September 9, 2013), Osgoode CLPE Research Paper No. 47/2013. Available at SSRN: http://ssrn.com/abstract=2337521 or http://dx.doi.org/10.2139/ssrn.2337521;

___________"The Puzzle of Independence for Administrative Bodies", (2008). National Journal of Constitutional Law, Vol. 26, pp. 1-23, 2008. Available at SSRN: http://ssrn.com/abstract=1911414

 Abstract:     

This article explores independent administrative bodies, and their place in Canada’s political, constitutional and legal landscape. While these adjudicative, regulatory
and accountability bodies have come to play an integral role in the lives of every Canadian, we tend to pay attention to them only when there is a problem or a headline
grabbing incident. Allegations of political interference with Elections Canada, the Canadian Military Complaints Commission and the Canadian Nuclear Safety
Commission by the Federal government have brought the puzzle of independence of these bodies into stark relief.

The article treats each of these incidents as cautionary tales. These cautionary tales are part of a broader puzzle. All administrative bodies are, by definition, dependent
for their existence on their legislative mandate. Further, these bodies are not free to adopt the mandate they believe is most appropriate, but must discharge the
responsibilities provided to them. These bodies do not choose the people best able to carry out this mandate; rather, the executive controls appointments. Notwithstanding
the significant ways in which these administrative bodies are dependent on government, however, they are nonetheless routinely declared by courts to be independent, and
protected from political interference by common law procedural doctrines modeled after the constitutional principle of judicial independence.

The recent confrontations show that there is little to compel Canadian governments to respect the independence of administrative agencies if they do not want to. They
reveal the hard but important truth about independence in administrative decision-making: while the rule of law and principles of fairness and impartiality may require
independence, only political leadership can sustain it. Political leadership created independent agencies in order to ensure that important areas of the public interest
(such as governing fair and free elections, regulating nuclear power and overseeing military police activities) are served by people and institutions that are not caught up
in partisan politics. Only political leadership can ultimately safeguard the independence of administrative bodies, so that they are free to pursue the public interest
without partisan interference.

__________ "JAG Perspectives on Administrative Law, Military Justice and International Operational Law", part of Dean Sossin's Blog, Osgoode Hall Law School, York University, 2 June 2012; available at http://deansblog.osgoode.yorku.ca/2012/06/jag-perspectives-on-administrative-law-military-justice-and-international-operational-law/ (accessed on 3 June 2012);

-----------------------
SOUSA, Michael, DND/CF Legal Advisor            "Office of the JAG‏ @JAGCAF Jun 19 [2018]---Best wishes
                                                                                 to the @NationalDefence and @CanadianForces Legal Advisor
                                                                                 @JusticeCanadaEN Michael Sousa and his team who celebrated 20 years of strong
                                                                                 and dedicated legal services to the Defence Team. We look forward to continue building
                                                                                 on our close relationship for years to come."

SOUSA, Michael:

Michael Sousa

DND/CF Legal Advisor

Michael Sousa joined the office of the DND/CF Legal Advisor as Legal Advisor and Senior General Counsel on August 14, 2017.  Before that,
Michael spent a number of years working in Departmental Legal Services Units for federal clients, including Public Safety Canada, Environment
Canada, the Canada Border Services Agency and the then department of Citizenship and Immigration Canada.

More recently, Michael has headed up Departmental Legal Services Units at Public Safety and Environment Canada as their Senior General Counsel,
where he managed teams of legal counsel and administrative support staff to provide legal services support to client departments in relation to its policy,
operational and corporate activities.  Michael also supported the Deputy Ministers and client ADMs by contributing to the management of Public Safety
and Environment Canada through active participation on their Executive Committee teams.

Michael is a graduate of Queen’s University where he obtained his Bachelor of Honours degree (B. A. Hons.) and of  the University of Windsor Law
school (LL.B). He was called to the Bar in Ontario and is a member of the Law Society of Upper Canada.
[source: http://www.forces.gc.ca/en/about-org-structure/dnd-cf-legal-advisor-bio.page, accessed 24 July 2017]

___________"The Puzzle of Independence for Administrative Bodies",  (2008) 26 National Journal of Constitutional Law 1-23; available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1911414 (accessed on 18 January 2012); deals in part with the Military Police Complaints Commission;

Image source: http://www.cfc.forces.gc.ca/136/297-eng.html, accessed 31 November 2014
Christopher Spearin
SPEARIN, Christopher, "International private security companies and Canadian policy: possibilities and pitfalls on the road to regulation", (Winter 2004) 11(2) Canadian Foreign Policy 1-15; other articles by Christopher Spearin, accessed 8 April 2018);

___________"Not a "Real State"? Defence Privatization in Canada", (1 October 2005) 60(4) International Journal 1093-1112;

___________"Since you left: United Nations peace support, private military and security companies, and Canada", 2018 73(1) International Journal,

Abstract

In the late 1990s when Canada was largely removing itself from United Nations peace support endeavours, private
military and security companies were heralded as likely replacements. Canada has indicated its desire to reengage
in a United Nations peace support milieu in which there is now a private military and security presence. It is not the
type of presence initially envisioned, but it is one with multiple impacts regarding training and operations. This article
emphasizes the interventions in the first decade of the twenty-first century and the corresponding, defensively minded
regulations that came about in the private military and security industry. The article reveals that commercial logics are
now insinuated in United Nations peace support operations and the private military and security presence therein is
indicative of a larger shift in United Nations activities towards insularity and protection.
[Source: http://journals.sagepub.com/doi/abs/10.1177/0020702017740158, accessed 28 September 2018]

___________"What Montreux means: Canada and the new regulation of the international private military and security industry", (2010) 16(1) Canadian Foreign Policy Journal 1;

This article assesses the likely impacts on Canada of the Montreux Document on Pertinent International Legal Obligations and Good Practices
for States Related to Operations of Private Military and Security Companies During Armed Conflict ("the document"). The article contends that
the document's provisions for states contracting private military and security services would require a reconsideration of personnel vetting, a task
that will be difficult for Canada to enact. As well, while the document asserts that contracting states are clearly responsible for the actions of their
contracted companies, the utility of these companies as a policy tool, given the industry's shift towards indigenization, may be significantly
compromised. The article also argues that the document's good practices for the home states in which companies are based, risks politicizing the
bilateral defence trade between Canada and the United States because of the latter's prominence in the industry.
(source: http://connection.ebscohost.com/c/articles/55527113/what-montreux-means-canada-new-regulation-international-private-military-security-industry, accesssed on 3 November 2014) 

Image source: www.ottawasun.com/author/tony-spears, accessed 8 May 2017
Tony Spears
SPEARS, Tony, "Military's 'sexualized culture' revealed in courts martial", The Ottawa Sun, 11 June 2015, available at http://www.ottawasun.com/2015/06/11/militarys-sexualized-culture-revealed-in-courts-martial (accessed 8 May 2017);

"Special Board Created to Review Sentences on Canadian Soldiers", The Globe and Mail, 1945/11/01, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5028182 (accessed 31 May 2019);

SPECIAL COMMITTEE ON THE CANADIAN MISSION IN AFGHANISTAN, THE HOUSE OF COMMONS, 40th Parl., 3rd Session, 3 March 2010-26 March 2011; available at http://www.parl.gc.ca/Committees/en/AFGH/Meetings?parl=40&session=3 and http://www.parl.gc.ca/Committees/en/AFGH?parl=40&session=3 (accessed 5 April 2017)

SPECIAL COURT FOR SIERRA LEONE, THE, "Justice Pierre G. Boutet (Canada), Presiding Judge -- Appointed by the Secretary-General of the United Nations", available at http://www.sc-sl.org/ABOUT/CourtOrganization/Chambers/TrialChamberI/tabid/88/Default.aspx (accessed on 21 May 2012);

Special Staff Assistance Visit - Report on the Climate, Training Environment, Culture and ROTP Programme at the Royal Military College of Canada – Kingston, with several links, available at https://www.canada.ca/en/department-national-defence/corporate/reports-publications/special-staff-assistance-visit.html (accessed 4 May 2017);

"Speed Up Army Judicial System", Hamilton Spectator, 1944/06/21, available at collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5028210 (accessed 14 April 2018);

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Source of image: https://www.dundurn.com/books/Solving-People-Puzzle, accessed 17 December 2020

SPENCER, Emily, Dr., Solving the People Puzzle: Cultural Intelligence and Special Operations Forces, Toronto : Dundurn Group, 2010, 185 pages ; 23 cm, ISBN: 9781554887507, 155488750X; available in part at https://books.google.ca/books?id=-AoI1GAuGWEC&pg=PP1&redir_esc=y#v=onepage&q&f=false (accessed 17 December 2020);

Overview
....
Special operations forces (SOF), a group comprised of highly trained personnel
with the ability to deploy rapidly and apply special skills in a variety of
environments and circumstances, is the logical force of choice to achieve success
in the COE. Increasing their effectiveness is cultural intelligence (CQ) – the ability
to recognize the shared beliefs, values, attitudes, and behaviours of a group of
people and then apply that knowledge toward a specific goal. Empowered by CQ,
SOF are positioned to dominate in the COE.
....

image source: equalvoice.ca/news_template/index_english_newsletter.cfm?id=5, accessed 1 July 2017
Rosemary Spiers

SPIERS, Rosemary, "PM in tough spot over Somalia inquiry", Toronto Star, Feb 13, 1997, p. A.25;

Description:   PRIME MINISTER Jean Chretien prides himself on letting his cabinet ministers run their own show; we know that. But, in the case
of the Somalia inquiry, the unquestioning backing that the Prime Minister has given to two very different defence ministers - first David Collenette
and now Doug Young - is putting the PM at risk. First, he stood loyally behind Collenette, Gilles Letourneau had to run its independent course, no
matter how embarrassing its revelations. When he appointed Letourneau in March, 1995, Collenette personally wrote the word ``coverup'' into the
inquiry's terms of reference, and he didn't flinch even when the spotlight turned on the top echelons of his own department and the military command
under the Liberals. Chretien and Young now blame the inquiry. They point out that Letourneau originally was supposed to report on Dec. 22, 1995,
and already has had two extensions. But the mandate they handed the inquiry was huge - from the suitability of the Airborne Regiment for the Somalia
mission, to the discipline exercised by the commanders, the attitudes of the soldiers to black ``detainees,'' the allegations of coverup in the shooting
death of one Somali and the torture death of another, and what went wrong with the chain of command. Until last fall, when Chretien first expressed
a certain impatience with the inquiry's painstaking style, no one hinted to Letourneau that he ought to get on with it.
(source: © ProQuest LLC All rights 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: http://www.ismllw.org/PDF/CV%20Jan%20Peter%20Spijk%202014-01_EN.pdf, accessed 22 January 2016

SPIJK, Jan Peter, Brigadier General, Military Legal Service, Royal Netherlands’ Army (ret’d.), President of the International Society for Military Law and the Law of War, "The Evolution of Military Jurisdictions Inter Arma Vigent Leges", in Michel Drapeau Law Office, ed.,  Winds of Change: Conference and Debate on Canadian Military Law, [Ottawa:] Michel Drapeau Law Office, 2016, 102 p., at pp. 45-, NOTES: Conference held at the University of Ottawa, 13 November 2015; "For the first time an international academic conference on military law was held in Canada at the University of Ottawa with the focus on reform and comparative law" (Gilles Létourneau, Preface, p. 7);  "(Organizing Committee for the Conference: Michel W. Drapeau, Joshua M. Juneau, Walter Semianiw and Sylvie Corbin)";  "Speech transcribed by Joshua M. Juneau, p. 31; available at mdlo.ca/wp-content/uploads/2016/01/2015-Conference-Proceedings.pdf (accessed 20 January 2016);

Speaking from experience I note that the military leadership is not always particularly open to change where these topics are concerned. This
resistance to change is often rooted in a deeply felt concern about the interests of the country in general and the important role of the military
therein in particular.  One can understand that Senior Commanders, in their unique responsibility as "standard-bearers" for the requirements
of discipline and operational effectiveness, perceive a particular responsibility for maintaining a status quo. Often there seems to be a strong
conviction that all change will be for the worse. [p. 53]
......

In closing I submit to you that it is extremely important that we exchange views about developments like these in an international setting as we do today.  In this
respect I thank the organizers again and gladly take the opportunity to compliment my Canadian military legal colleagues. I am in a position to judge, from which
I wish to say that the Canadian military legal advisors are second to none in their knowledge and professional conduct, particularly also in operational circumstances.
I have met and continue to meet them in both operational and legal environments and - without exception - they show very high standards, contribute to a better
understanding amongst partners and work towards solutions. I wish to compliment the Judge Advocate General, MGen Blaise Cathcart, for deploying his legal advisors
in the broadest sense possible, thus showing a great example, enhancing international cooperation and - thus- contributing to a better application of the principles of
military justice in all those other countries.  This is the way ahead for all. [p. 55] 

SPINDLER, Jess, "Serial Season 2: Military Law and the Court of Public Opinion.  Military experts at Queen’s Law discuss the legal issues arising from the Bergdahl case", Juris Diction, Queen's law Journal, 1 February 2016; available at  http://juris-diction.ca/serial-season-2-military-law-and-the-court-of-public-opinion/ (accessed 29 August 2016); incldes comments from Chris Waters, PhD candidate at Queen’s Law and Peter Briffett, Queen’s Law student and Captain in the Canadian Forces;

Image source: legacy.wlu.ca/homepage.php?grp_id=1421&f_id=35, accessed 23 April 2017
Kevin Spooner
SPOONER, Kevin, "Book Review -- Another Kind of Justice: Canadian Military Law from Confederation to Somalia", Canadian Historical Review, 03/2001, Volume 82, Issue 1, p. 201-203; brief excerpt of the content at https://muse.jhu.edu/article/591752/pdf (accessed 1 March 2018);

Because the Canadian Forces still relied on British statutes for military discipline, British proposals for military law reform in the years before
the Second World War are surveyed. During this war, the Canadian armed services continued to rely on British manuals and modifications to
British law for Canadian disciplinary codes; however, the Canadian JAG and his overseas deputies oversaw the administration of Canadian
military justice. Officers in the army and navy, in particular, continued to work closely with their British counterparts. The JAG office expanded
to meet an increased workload and faced new challenges, including participation in war crimes trials. Madsen raises key issues and questions as
he addresses these early Canadian efforts to try Nazi war criminals. By 1950 the National Defence Act had replaced seven British and Canadian
statutes that previously governed the Canadian armed services. It also incorporated a common disciplinary code for army, navy, and air force.
Madsen identifies a consequent decrease in the number ofcourts martial and increased use of summary punishments, a trend with significant
implications in later years as the Canadian...

SPORTS IMAGES:

   Image source: (2006) 1 JAG Les actualités -- Newsletter 9

 Image source: (2006) 1 JAG Les actualités -- Newsletter 5

"Members from the Office of the Judge Advocate General show their support for the
Humboldt Broncos hockey team, families and friends. #jerseysforhumboldt"
[source: https://twitter.com/CanadianForces/status/984522935720464385, accessed 14 June 2018]

--OJAG photos playing Baseball

SQUIRES, Robin, Katherine Ayre and Graham Splawski, "Canada: New War Risk Coverage  And Accident Investigation Regimes", from the law firm Borden Ladner Gervais, last updated 14 January 2015, available at http://www.mondaq.com/canada/x/366404/Aviation/New+War+Risk+Coverage+and+Accident+Investigation+Regimes (accessed 28 September 2017);

The new Aviation Industry Indemnity Act [2014] gives the Government of Canada the ability to insure against war risks,
and amendments to the Aeronautics Act [in the viation Industry Indemnity Act] give the military new powers to investigate
aviation accidents.

 

STACEY, C.P., "British Military Policy in Canada in the Era of Federation",  (1934) 13(1) Report of the Annual Meeting of the Canadian Historical Association / Rapports annuels de la Société historique du Canada 20-29; available at http://www.erudit.org/revue/ram/1934/v13/n1/300124ar.pdf (accessed on 6 January 2012);

___________Canada and the British Army 1846-1871: A Study in the Practice of Responsible Government,  Toronto: University of Toronto Press, 1963;

.

STACEY, Jocelyn, "Vulnerability, Canadian Disaster Law and ‘The Beast’" (January 23, 2018) 55(4) Alberta Law Review 853-887, available at SSRN: https://ssrn.com/abstract=3107450; also available at https://www.albertalawreview.com/index.php/ALR/article/view/2480/2465 (accessed 2 November 2018);

Abstract

This article is the first step in a major research project on Canadian disaster law. As such, the article's first objective is to map the terrain
of the law in Canada that governs disasters. To provide context for this exercise in mapping, the article focuses on the circumstances
surrounding the 2016 Fort McMurray wildfire ('the Beast'). Focusing on the 'the Beast' also gives rise to the article's second objective:
a critical examination of the ways in which Canadian disaster law fails to reflect foundational social science research on disaster harm.
The article argues that the current framework of Canadian law lacks nuance in its understanding of vulnerability and fails to identify
and address communities that are especially vulnerable to disaster harm. It also argues that the implementation of the relevant law to
disasters fails to adequately incorporate legal mechanisms that can connect disaster law with the underlying drivers of disaster
vulnerability. The outcome is that Canadian disaster law currently leaves Canadians unnecessarily susceptible to disaster harm.

Image source: http://alchetron.com/Denis-Stairs-(political-scientist)-437891-W, accessed 30 July 2016
Denis Stairs
STAIRS, Denis, 1939-, "The Media and the Military in Canada: Reflections on a Time of Troubles", (Summer 1998) 53(3) International Journal 544-553; title noted in my research but article not consulted yet (13 March 2012);

Source: journals.sagepub.com/doi/abs/10.1177/002070209805300310, accessed 14 September 2019

___________"Three Cheers For Diplomacy", (11 April 2007) Canadian Naval Review, available at http://www.navalreview.ca/2007/04/three-cheers-for-diplomacy/ (accessed 21 May 2017);

ST-AMANT, Alexandra, Major, a JAG officer, died on 14 May 2015, see http://federationgenealogie.qc.ca/base-de-donnees/avis-de-deces/fiche.php?id=7701500 (accessed 1 May 2017);

STANDISH, Ralph O'Neil, Q.C., 1907-1997, during World War II, "served as staff Captain to Deputy Judge Advocate General, Kingston, Ontario", see "Deaths--STANDISH, Ralph O'Neil, Q.C.", The Globe and Mail, 8 December 1997, at p. C6;

ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca, accessed 15 September 2018

Pressing (and holding) the Ctrl key and scrolling the wheel
of the mouse allows to zoom in or out of the web page being viewed

___________on STANDISH, R.O.P., Captain, of W. Rang., was legal officer in military district number 3 with Headquarters in Kingston  1943,  see The Quarterly Army List, October 1943, Part I, London: His Majesty's Stationery Office, 1943 at p. 162 (bottom page number) or p. 178A (top page number), available at https://deriv.nls.uk/dcn23/8903/89030567.23.pdf  (accessed 22 March 2019); Major G.T. Walmsley from Hast. & P.E.R. was the Assistant Judge Advocate General, information from the same pages;

Image source: https://en.wikipedia.org/wiki/George_Stanley, accessed 30 July 2016
The Hon. George and Ruth Stanley
STANLEY, Georges  F.G., 1907-2002, Nos soldats: Histoire militaire du Canada de 1604 à nos jours, Montréal, Éditions de l’Homme, 1974, 620 p.;

  Source of image: www.ctvnews.ca/military-watchdog-begins-hearings-into-detainee-issue-1.499345, accessed 23 January 2016
Glenn Stannard

STANNARD, Glenn, Chair, Military Police Complaints Commission, testimony on Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts -- this Bill has the Short Title: Strengthening Military Justice in the Defence of Canada Act,

- before the House of Commons Standing Committee on National Defence, meeting number 65, 11 February 2013, minutes and evidence;
- before the Standing Senate Committee on Legal and Constitutional Affairs, meeting issue 38, 30 May 2013, minutes  and evidence ;

Image source: Google Image, accessed on 21 May 2014

STANTON, John, “Canada and War Crimes: Judgment at Tokyo”, (Summer 2000) 55(3) International Journal 376-400;

___________"Relunctant Vengeance: Canada at the Tokyo War Crimes Tribunal", (1999) 17 The Journal of American and Canadian Studies 61-87; available at http://www.info.sophia.ac.jp/amecana/Journal/17-4.htm (accessed on 11 August 2013);

-----------
Michael Staples, the author journalist                             The accused Second Lieutenant A.J. Brunelle with David Bright, defence counsel, right
source:https://twitter.com/baseroo,

STAPLES, Micheal, "Officer Reprimanded, Fined for groping female soldier after drunken night out", Fredericton Daily Gleaner, 11 January 2017, available at https://www.telegraphjournal.com/daily-gleaner/story/49894420 (accessed 21 January 2018);  Brunelle A.J. (Second Lieutenant), R. v., 2017 CM 4001 (CanLII), <http://canlii.ca/t/gx2cg>; military judge: Commander J.B.M. Pelletier; prosecutors: Commander S.M. Archer and Lieutenant (Navy) T.N. Ticky; defence counsel: Mr. David Bright; 

STARKMAN, Bernard, "The Citizen as a Soldier", (1965) 43 Canadian Bar Review 414-452;  Mr. Starkman's career was at the Department of Justice Canada; Mr. Starkman informed me in the 1980s that he has worked for JAG, as a student (note by F.Lareau); available at https://cbaapps.org/cba_barreview/Search.aspx?VolDate=09%2f01%2f2017 (accessed 22 September 2017);

Statutory Instruments Regulations, C.R.C., c. 1509, by subsections 15(1) and (3), the QR&O are exempt from publication in the Canada Gazette.; 

&

Ian Stauffer, image source:www.tslawyers.
ca/our-team/ian-stauffer/, accessed 21 February 2019

STAUFFER, Ian, "Ottawa Lawyers Feed the Hungry Supported Again by the Judge Advocate General", posted by Administration, County of Carleton Law Association; available at http://www.ccla-abcc.ca/blogpost/1044976/Marketplace (accessed 10 December 2016); Ian worked for the Somalia inquiry;

I recently attended a gathering of military lawyers, paralegals and support staff at the JAG headquarters. 

The group had carried out fundraising activities during the year and had again chosen Ottawa Lawyers Feed the Hungry
as its charity. 

The JAG's efforts raised over $1700 for our project, which has now been running strong since 2010. 

This amount will provide over 700 hot meals to our fellow citizens, being served at The Ottawa Mission on Waller Street. 

Our sincere thanks to Major Matt Napier and his team and for Major-General Cathcart's continuing support!  The JAG
sponsored our project last year with a similar amount raised.

STEELE, Elizabeth,  "Deputy Judge Advocate at Canadian Armed Forces | Forces armées canadiennes, Victoria, British Columbia, Canada", Reserve Force, see https://ca.linkedin.com/in/elizabeth-steele-329181156?trk=public_profile_browsemap_mini-profile_title (accessed 2 June 2019);

International Criminal Law, International Humanitarian Law, International Space Law, Space Security,
International Relations, Comparative Law

Dr. Cassandra Steer is the Executive Director of Women in International Security (WIIS) Canada, and a 2018
Visiting Fellow at the University of Pennsylvania’s Center for Ethics and Rule of Law. Formerly she was Executive
Director of the McGill Institute of Air and Space Law, and a Wainwright Junior Fellow at McGill’s Faculty of Law.
Her book “Translating Guilt: Identifying Leadership Liability for Mass Atrocity Crimes” (Springer, 2017)
provides a comparative analysis of forms of liability in international criminal law. Her current research interests
focus on space security and the application of the law of armed conflict and use of force in space, and she is
currently working on an edited volume, a book and several articles in this field. She has also been a consultant
to military lawyers in the Canadian Judge Advocate General’s Office on these issues.

Previously Cassandra was a Junior Professor at the University of Amsterdam in the Netherlands, teaching criminal
law, international criminal law, public international law, and legal research methods. She has a PhD in International
Criminal Law, and has been a Visiting Researcher at universities in Argentina, Canada, Germany and the USA, where
she was also a Fulbright Scholar.

Currently, Cassandra Steer is the member for Canada on the International Law Association Space Law Committee;
an Associate Expert contributing to the Manual on International Law Applicable to Military Activities in Outer Space
(MILAMOS); and a member of the International Institute of Space Law, Women in Aerospace, the Centre for International
Peace and Security Studies, the NATO Association of Canada, and the International Society for Military Law and the Law of War.

STEFANIK, Kirsten, "Better Safe than Sorry: Environmental Protection and Armed Conflicts"; title noted in my research on 22 November 2014; is this article available on the internet?  Please assist if you can.

___________"Restoring humanity to humanitarian law : borrowing from environmental law to protect civilians and the environment", Thesis (LL.M.)--University of Western Ontario (Graduate Program in Law), 2013, 167 leaves; available at http://ir.lib.uwo.ca/etd/1400/ (accessed on 22 November 2014);

As concerns about the environment increase and civilians continue to become casualties of armed conflict, we must reflect on traditional approaches and applications of International Humanitarian law [IHL]. While the current state of IHL provides protections for civilians and the environment, examples in practice of excessive harms to both suggest a gap exists in these protections. Current academic literature in the field tends to focus on either the protection of civilians or the protection of the environment, on either IHL or International Environmental law [IEL]. This is problematic as the two are inextricably linked: civilians and environment often, if not always, go hand in hand. This thesis seeks to close these gaps. It begins with an examination of existing IHL and a look at two instances which resulted in excessive harms to civilians and the environment. Next, it turns to the role of general principles of international law, in particular the precautionary principle and the principle of intergenerational equity in IEL, which are well-accustomed to dealing with short-term and long-term health and environmental risks, as well as scientific uncertainty. The thesis demonstrates how the use of these principles in military decision-making could fill the existing gaps in IHL. (source: http://alpha.lib.uwo.ca/search~S20?/astefanik/astefanik/1%2C3%2C3%2CB/frameset&FF=astefanik+kirsten+md&1%2C1%2C,accessed on 22 November 2014);

-------------------- Source: Dust jacket of book
Image: journal.forces.gc.ca/vo9/no2/17-book1-livre1-eng.asp.
STEIN, Janice Gross, Eugene Lang, The Unexpected War: Canada In Kandahar, Toronto: Viking Canada, 2007,  348 pages, see Chapter 14, "Those Vexatious Detainees", at pp. 246-258 and 321-322 (notes), ISBN 9780670067220; IMPORTANT CONTRIBUTION

STEVENS, Aleisha, Preventing and Prosecuting a Canadian Abu Ghraib: Legislating the Canadian Private Military Industry, MA Research Essay, Carleton University Norman Paterson School of International Affairs, 2008, iv, 125 leaves;

STEWART, N.L. (Logan?), Captain, was prosecutor or defence counsel in Disciplinary Court Martial R. v. Reynolds, Halifax, 14 December 1972,  source of information:  MADSEN, C.M.V. (Chris Mark Vedel), Military law and operations, Aurora (Ontario): Canada Law Book, c2008-, vol. 3, at p. APP2: 1972-21; 

STEWART, Pamela, "Canadian Officer Education vs Training",  in John J. McGrath, ed., An army at war : change in the midst of conflict, Fort Leavenworth (Kansas, USA) : Combat Studies Institute  Press, [2005], ix, 675 p., at pp. 449-478; available at http://books.google.com/books?id=8Hkt42314xIC&pg=PA467&lpg=PA467&dq=somalia+inquiry+canadian&source=web&ots=z0Z0tHWy34&sig=VFyvfmsMAg1eeuD3DfjAxocASv0&hl=en&sa=X&oi=book_result&resnum=10&ct=result#PPA449,M1, and
http://books.google.com/books?id=8Hkt42314xIC&dq=somalia+inquiry+canadian&source=gbs_summary_s&cad=0 (accessed on 28 July 2008);

___________"On Broader Themes of Canadian Forces Transformation", (autumn 2007) 8(3) Canadian Military Journal 9-18; available at http://www.journal.forces.gc.ca/vo8/no3/doc/stewart-eng.pdf and  http://www.journal.forces.gc.ca/vo8/no3/stewart-eng.asp (accessed on 13 March 2012);
FRANÇAIS
--------------"Sur des grands thèmes de la transformation des forces canadiennes", (automne 2007) 8(3) ; disponible à http://www.journal.forces.gc.ca/vo8/no3/stewart-fra.asp et http://www.journal.forces.gc.ca/vo8/no3/doc/stewart-fra.pdf  (vérifiés le 13 mars 2012);

STEWART, Ruth Ann, Dissonance, discord and the discourses of military trauma: Listening differently to “disorder”,  Master of Counselling, Graduate Centre for Applied Psychology, Arthabasca University,  2016; available at  https://dt.athabascau.ca/jspui/handle/10791/201  and https://dt.athabascau.ca/jspui/bitstream/10791/201/1/Stewart_Thesis_May2016.pdf (accessed 26 August 2019);

Abstract: Posttraumatic stress disorder (PTSD) is a pressing concern among members and
veterans of the Canadian Forces, and the issue attracts chronic conflict. Diagnosis and treatment
is dominated by the psychiatric definition; however, that model is not a pure distillation of
biomedical epidemiology, but also the product of specific sociocultural and political discourses.
Although the phenomenon of prolonged mental suffering in response to adversity is universal,
the experience is narrated differently across different cultures. I investigated the discourse of
military PTSD among (predominately Canadian) military members and veterans on social media.
Participants spoke from a collectivist worldview, narrated PTSD as a disorder of progressive
alienation and isolation, and prioritized loss of identity and connection over symptom checklists.
They sought to claim a collective identity in which PTSD was congruent with their military role,
rather than a disease of the individual brain, and they prioritized interconnectedness as the route to healing.

STEWART, W.T., Captain, Petawawa military camp, assistant prosecutor to Capt F.W. Christie, permanent prosecutor for Military District No. 10 at Winnipeg, for the two courts martial referred to in the article:  "Canadian, Briton To Face Charges Of Helping Japs", The Globe and Mail, 5 March 1946, at p. 3;

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Source: ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca...., accessed 25 November 2018

___________on STEWART, W.T., Captain, see his photo in The Winnipeg Tribune, 5 March 1946 at p. 5, available at https://www.newspapers.com/image/...., accessed 25 June 2020;

ST-FLEUR, Yvensonne (ou Yvenson?),  Les bombardements aériens dans les récents conflits armés : l'évolution du cadre normatif et du droit international humanitaire applicable, thèse pour la maîtrise en droit international, Universite du Québec à Montreal, 2000, 177 p., disponible à http://www.archipel.uqam.ca/3663/1/M11567.pdf  (visité le 6 mars 2012);

Résumé

Le but de cet ouvrage est de présenter la portée et la limite du droit international humanitaire régissant les opérations aériennes en période de conflit armé. Dans ce dessein,
nous passerons en revue les conventions internationales datant de 1899 à nos jours. Considérant que l'ordre juridique international possède tous les instruments nécessaires
afin d'assurer aux populations civiles sécurité et immunité contre les effets nuisibles de la guerre, les dommages directs et indirects causés aux complexes civils lors de
bombardements aériens peuvent constituer des violations graves au droit international humanitaire. Par une démarche méthodologique juridique classique, le lecteur sera
amené a considérer l'évolution du cadre normatif, particulièrement du droit de l'attaquant de se défendre avec l'arme aérienne, mais aussi du droit de la population civile
et des non-combattants à être épargnés des effets des hostilités. Les conflits armés de la fin du xxe siècle démontrent bien que les guerres du futur reposeront davantage
sur des opérations militaires à la verticale, c'est-à-dire que le point d'attaque pourra être envisagé depuis l'espace atmosphérique. Ainsi, l'avion de guerre et les systèmes
de satellites extra-atmosphériques permettront de déplacer la zone de combat au niveau de la troisième dimension. Cet avantage soulève dès lors le spectre de la conduite
asymétrique de la guerre technologique au bénéfice des puissances aérospatiales. Or, cette technologie militaire qui promettait plus de précision dans le ciblage des objectifs
militaires produit des effets néfastes à l'endroit des populations civiles à proximité des objectifs militaires situés dans la zone de combat (pour ne reprendre que le cas des
bombardements des forces de l'OTAN au Kosovo). Ainsi, la stratégie militaire contemporaine vise le transfert du risque militaire vers l'adversaire. En effet, la zone de combat
ennemie devient source de gestion tant par l'agresseur que la victime des bombardements. Ainsi, perte du capital humain et matériel des forces militaires, la minimisation
des massacres humains du côté de l'ennemi, la transmission des images par les médias de masse, la projection de la responsabilité des dommages collatéraux sur les moyens
perfides de l'ennemi deviennent dorénavant des «éléments» calculables dans le «risque» militaire des puissances occidentales. Du côté de l'ennemi, en position d'«infériorité»
technologique, il déplace délibérément la zone de combat dans des zones urbaines densément peuplées situées près des objectifs militaires légitimes. Le constat fait après les
récents conflits armés suscite inquiétude et soulève nombre de problématiques. L'absence d'un cadre normatif légiférant tant les nouvelles méthodes de combat que la conduite
des hostilités par la voie des airs requiert-elle un code de conduite sur relatif aux bombardements aériens. [source: http://www.archipel.uqam.ca/3663/, site visité le 7 juin 2016]

ST-GERMAIN, Jacques (Joseph Jean Jacques), docteur; sur les procédures judiciaires militaires et civiles concernant le  Dr. St-Germain, voir:

Les deux cours martiales du Dr. St-Germain

- "Nouveau procès ordonné pour le Dr. St-Germain", L'Action: quotidien catholique, samedi 6 juillet 1968 à la p. 3; disponible à:
 collections.banq.qc.ca/ark:/52327/3493165, vérifié le 28 août 2018:


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- "Acquitté de l'accusation de conduite scandaleuse et déshonorante", Le soleil  (Québec), lundi 5 août 1968 à la p. 5; disponible à:
collections.banq.qc.ca/ark:/52327/3169824, vérifié le 28 août 2018:


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L'incident subséquent en 1972, à l'hôpital Fleury à Montréal



Clément Trudel, le journaliste, source: ledevoir.com/culture/medias/435215/journalisme-clement-trudel-un-homme-de-justice
- article par Clément Trudel, "Le Collège des médecins ne s'oppose pas à une enquête publique", Le devoir, vendredi le 17 novembre 1972, à la p. 2;
disponible à http://collections2.banq.qc.ca/jrn03/devoir/src/1972/11/17/5226335_1972-11-17.pdf, vérifié le 28 août 2018;



source de l'image: amom.net/wp-content/uploads/2015/04/LIVRE-VERSION-FINALE.pdf, vérifié le 28 août 2018
- "Me Chapados met en doute l'impartialité du juge Roche", La presse, 14 mars 1974, Cahier A, à la p. 3;
disponible à: collections.banq.qc.ca/ark:/52327/2601555, vérifié le 28 août 2018:


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- article de Guy Deshaies, "Condamné à un an de prison.  Le docteur Saint-Germain reste en liberté en
attendant", Le devoir, mardi, le 26 mars 1974 aux pp.  1 et 2; disponible à
 collections2.banq.qc.ca/jrn03/devoir/src/1974/03/26/5226335_1974-03-26.pdf, vérifié le 28 août 2018;

- article de Léopold Lizotte, "On n'a pas prouvé que sa conduite désinvolte a causé la mort.  Le Dr St-Germain
est acquitté en appel" du Québec, le 10 février 1976", La presse, jeudi le 12 février 1976, à la p. 2, disponible
à: collections.banq.qc.ca/ark:/52327/2606263, vérifié le 28 août 2018;

STILWELL, W.A., lawyer, defending officer in the court martial referred to in this article: "Court-Martial is Continuing.  Inquire Into Alledged Negligence of  Two R.C.A.M.C.", Hamilton Spectator, 1943/04/15, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5028995 (accessed 24 September 2018);

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Lt. Col (Ret’d) David Stinson, left, receiving in June 2017, from Commodore Sean N.
Cantelon, Chief Executive Officer, Staff of the Non-Public Funds, Canadian Forces, an
award for his cecretary work for the Organization of Military Museums of Canada.
Image source: https://comoxairforcemuseum.ca/ommc-award-winner/, accessed 21 February 2018

STINSON, David L., Federal Human Rights Legislation in Canada: A Military Perspective, Toronto, Ont. : Canadian Forces Command and Staff College, 1991, 55 leaves (series; Exercise New Horizons); notes: Course 17, 1990/91;

STIVER (S?), Kenneth, 1902-1986, lawyer with the OJAG, see "Keneth Stiver, 84, lawyer in Newmarket for 50 years", Toronto Star, Toronto, 5 December 1986 at p. A21;

He was born in Mount Albert and was called to the bar in 1926. He practised law on his own until World War II.

Mr. Stiver was a company commander with the Queen's York Rangers from 1938 to 1942 and from 1942 to 1946
was a lawyer with the Judge Advocate General's office at Canadian military headquarters in England. He held the
rank of colonel.

After the war, he joined the law firm that eventually became Stiver Vale Leck Monteith. He was the senior partner
when he retired in 1980. ....

    ___________on STIVERS, R.M.R., Captain, from Q.Y. Rang, was a legal officer  in military district number 2 with Headquarters in Toronto  1943,  see The Quarterly Army List, October 1943, Part I, London: His Majesty's Stationery Office, 1943 at p. 162 (bottom page number) or p. 178A (top page number), available at https://deriv.nls.uk/dcn23/8903/89030567.23.pdf  (accessed 21 March 2019); the other legal officers there was  Captain Dean, D.G. from General List and Maj. Harvey, R.C.D. from C. Scot R. was the Assitant Judge Advocate General, at same pages;

ST JOHN, Richard Geoffrey (Geoff), "Convegno L'Ordinamento Giudiziario militare nei suoi riflessi internazionali", Ministero Della Difesa, disponible/available at http://www.difesa.it/Giustizia_Militare/rassegna/LaGiustiziaMilitareNelMondo/Delegati_internazionali/Pagine/Canada.aspx
(accessed 13 November 2015); note: Addetto Militare presso l'Ambasciata del Canada in Italia;

___________"Should Canada Have a Foreign Espionage Service?", Canadian Military Journal, vol. 17.number 4,  available at http://www.journal.forces.gc.ca/Vol17/no4/page56-eng.asp (accessed 22 February 2019);

ST-LOUIS, M.J.C. (Carole) was a lawyer, member of the Quebec Bar since 1988 and a Captain on 31 December 1990 with the OJAG; her seniority date for that rank was 22 March 1989 (source: Canadian Forces Officer's List (Regular) (Bilingual), A-AD-224-001/AF-001, 31 December 1990; obtained from DND, Access to Information and Privacy, file A-2019-00318, 13 February 2020);

__________on Carole St_louis, see https://ca.linkedin.com/in/carole-st-louis-046a3b39, accessed 7 March 2020;

___________The notion of Equity in the Determination of Maritime Boundaries and its Application to the Canada-United States Boundary in the Beaufort Sea, Thesis (Ph.D.)--University of Ottawa, Faculty of Law, 2014;

Of the maritime boundaries yet to be delimited between Canada and the United States, the Beaufort Sea
might be the more pressing one, considering its strategic location in a rapidly developing Arctic region
and its vast economic potential. In accordance with the Law of the Sea Convention (UNCLOS),
maritime boundaries are to be delimited by agreement on the basis of international law as referred to in
Article 38 of the Statute of the International Court of Justice, in order to reach an equitable solution.
When an agreement cannot be reached, parties can resort to third-party arbitration. While jurisprudence
has determined that international law does not mandate a particular method of delimitation, it requires
the consideration of equitable principles, also called special circumstances or factors. The notion of
equity is therefore the foundation of boundary determination. But, what is equity and how is it applied?
This thesis examines the various forms of equity, their origins in legal philosophy and domestic law
and how they have been incorporated in international law. The main focus, however, is to analyse the
differences between how international tribunals or courts have interpreted and applied equity in
boundary determination and how States have applied it in negotiated agreements. While tribunals have
tended to consider equitable principles as equivalent to geographical proportionality, States have
considered those principles more in keeping with the notion of distributive justice and, more and more,
are taking a globalised approach to boundary determination. On the basis of this analysis, this thesis
evaluates the potential outcome of a third-party arbitration of the Beaufort Sea boundary dispute between
Canada and the United States as well as the options for settlement negotiations between the Parties. In the
Beaufort Sea area where hydrocarbon development is intrinsically linked not only to the development of
the local population but also to the entire Arctic region, be it on issues related to the environment, navigation
or security, the thesis concludes that a third-party adjudication would not serve the interests of the States.
As delimiting boundaries nowadays is only one aspect of the management of oceans related issues, interests
are best served when delimitation is understood as part of this global approach.
[source: https://ocul-uo.primo.exlibrisgroup.com/discovery/fulldisplay?docid=alma991010451899705161&context=L&vid=01OCUL_UO:UO_DEFAULT&lang=en&search_scope=MyInst_and_CI&adaptor=Local%20Search%20Engine&tab=Everything&query=creator,contains,St-Louis,%20carole,AND&mode=advanced&offset=0\, accessed 20 February 2020]

Pat Stogran, image source: http://yfile.news.yorku.ca/2002/12/02/lt-col-stogran-speaks-at-york-about-canada%E2%80%99s-military-capability/, accessed on 15 November 2014
STOGRAN, Lietenant-Colonel Pat, "Fledglings Swans Take Flight: The Third Battalion, Princess Patricia's Canadian Light Infantry in Afghanistan", (Fall--Winter 2004)  Canadian Army Journal 14-21; available at http://publications.gc.ca/collections/Collection/D12-11-7-3-4E.pdf, accessed on 15 June 2014; aussi publié en français;

"THE LEGAL IMPERATIVE

Personal experiences with members of the Judge Advocate General (JAG) branch, who were

completely anonymous to me, indicate that if our military force is going to avoid becoming

marginalized by other armies, the chain of command is going to have to come to terms with the

spin that our JAG branch puts on international laws and conventions. In Afghanistan, we had a

Strategic Targeting Policy that applied to the tactical objectives because exuberant JAG lawyers

argued that we could not allow Canada to become liable under international laws by actions

from the tactical level. In fact, the constraints and bureaucratic red-tape extended to all facets

of 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 with

21st Century realities and inconsistent enough in terms of precedence to demand that our JAG

branch take a more pragmatic approach to operations. A Legal Officer actually told me that we

had to have a strategic targeting mechanism for tactical targets so as to avoid a situation such as

the aftermath of the crimes committed in Somalia where the Canadian Government was sued

by the families that suffered. Those claims were settled out of court, which in legal terms is a

form of avoidance and not an admission of guilt."(p. 14)

Image source: www.friesenpress.com/bookstore/title/119734000022499373/Colonel-%28retired%29-Pat-B.-Stogran-Rude-Awakening, accessed 1 May 2016
___________Rude Awakening: The Government's Secret War Against Canada's Veterans, Victoria, Friesen Press, 2015, 254 p., ISBN: 978-1-4602-7165-0 Hardcover, 978-1-4602-7166-7 Paperback, 978-1-4602-7167-4 eBook; view table of contents and a few pages at http://www.amazon.com/Rude-Awakening-Governments-Against-Veterans/dp/1460271653#reader_1460271653, accessed 1 May 2016;

STOKES, Robert J. ("Rob"), Major, Legal Officer, member of the OJAG,  see https://www.lawyerscanada.net/maj-r-stokes/ (accessed 20 August 2018);

   
___________"Lethal weapon", (2003) 1 JAG Newsletter -- Les actualités 76-77; MLOC training, Edmonton, 3-6 October 2002;

___________ " 'Sergeant Dunsmuir': The Crown-Soldier Relationship in Canada ", (March 2011) 24(1) Canadian Journal of Administrative Law & Practice 57-88;

For more than a century, Mitchell v. The Queen has defined the Crown-soldier relationship: it is not
contractual. However, the Supreme Court of Canada in Dunsmuir v. New Brunswick ruled that all
public employment is to be viewed, with three exceptions, through the lens of contract. In this article,
the author presents several objections to Mitchell. He argues that Dunsmuir applies to the Crown-soldier
relationship, which possesses many hallmarks of a contract Dunsmuir also exposes some incoherence in
the Canadian Forces’ current employment framework. The article concludes that a fundamental
reassessment of the relationship is long overdue.[http://search.proquest.com/openview/087d0432ec99b
25cbc4b16689d5b8977/1?pq-origsite=gscholar, accessed 7 February 2016]

____________"The Many Problems in Military Personnel Law & Policy", (Spring 2012) 12(2) Canadian Military Journal 9-17; available at http://www.journal.dnd.ca/vol12/no2/09-stokes-eng.asp (accessed on 25 March 2012);
FRANÇAIS :
____________"Les nombreux problèmes liés aux lois et politiques sur le personnel militaire", (Printemps 2012) 12(2) Revue militaire canadienne 9-17; disponible à http://www.journal.dnd.ca/vol12/no2/09-stokes-fra.asp (vérifié le 25 mars 2012);

STONEY, Robert M., former JAG officer, biographical notes at http://www.nbpolicecommission.ca/site/images/Biographies/Stoney%20%20English.pdf  and http://www.nbpolicecommission.ca/site/images/Biographies/Stoney%20FRENCH.pdf  (accessed 16 August 2015);

___________on STONEY, Robert M., former JAG officer, see following photo with caption,  Saint John High School Alumni News, 2015, at p. 12:

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___________on STONEY, Robert M., former JAG officer, he is a member of the Parole Board of Canada, since February 2019, see https://ca.linkedin.com/in/robert-stoney-883a391a (accessed 0n 30 March 2020);

STOYAK, Lucy, Report Prepared for the Canadian Department of Foreign Affairs and International Trade Entitled 'The Non-Weaponization of Space' (August 2001); title noted in thesis at  http://digitool.library.mcgill.ca/webclient/StreamGate?folder_id=0&dvs=1421878582171~191 (accessed 21 January 2015);

ST-PIERRE, Jean,  avocat, membre du Barreau du Québec, capitaine et membre du JAG vers les années 1974-1978; a travaillé à Ottawa;

   ------------------ Photo par Guillaume St-Pierre
  Guillaume St-Pierre (source: https://twitter.com/stpierregu?lang=en)                    Geneviève Bernatchez

ST-PIERRE, Guillaume, "Elle veut aider les victimes à porter plainte.  Geneviève Bernatchez est devenue la première femme procureure en chef des Forces canadiennes", Journal de Montéal, Actualité politique, 1er juillet 2017; disponible à http://www.journaldemontreal.com/2017/07/01/elle-veut-aider-les-victimes-a-porter-plainte (vérifié le 1er juillet 2017);

------------ (Michel Bastien, MARPAC Imaging Service)
Heidi Straarup                                          LCol Jay Simpson, left, presenting CD medal to Lt(N) Heidi
                                                                 Straaup, Lookout Newspaper, vol. 61, number 10, 7 March 2016, at p. 16.

STRAARUP, Heidi, legal officer, member of the Office of the Judge Advocate General, see https://ca.linkedin.com/in/heidi-straarup-656875a2 (accessed 26 August 2017);

STRANGE, T. Bland (Thomas Bland), 1831-1925, "The military aspect of Canada : a lecture delivered at the Royal United Service Institution", (1879) 22 Journal of the Royal United Service Institution 737-789; available at http://books.google.com/books?id=0xAsAAAAYAAJ&pg=PA780&dq=%22dominion+of+canada%22&hl=en&ei=o0MkTaz2MJOgnwfaqpWGAg&sa=X&oi=book_result&ct=result&resnum=5&ved=0CDsQ6AEwBDh4#v=onepage&q=%22dominion%20of%20canada%22&f=false (accessed on 5 January 2011);

STRANGWARD. E.L., 1921-, Major, legal officer in 1969, see Canadian Forces Officers' List (Regular), 1969, available at  https://navalandmilitarymuseum.org/sites/default/files/pdf/Navy_List_1969_March_400_dpi.pdf (accessed 17 August 2018);

Image source: flickr.com/photos/lsuc_archives/14007933625, accessed 21 December 2017

Colin Morris Ardagh Strathy   

STRATHY, Colin M.A. (Morris Ardagh), 1906-1982, born in Toronto, admitted to the bar in 1933, served as group captain with the OJAG, see The Globe and Mail, Apr 6, 1982, p.13; rereference to him in McDonald's book, Canada's Military lawyers , supra, at p. 64, where McDonald wrote: "Group Captain C.M.A. Strathy of the JAG's office was a member of a sub-committee [of the War Crimes Advisory Committee] that drafted regulations to govern war crimes trials by Canadian courts martial, along with Lieutenant-Colonel MacDonald and Wing Commander Hopkins";

___________"Colin M. A. Strathy Lawyer, 75, served as group captain", The Globe and Mail, Toronto, 6 April 1982, at p. 13; available at https://search-proquest-com.ezproxy.biblioottawalibrary.ca/...., accessed 22 June 2020;

                                              brother, James G.K.
                                              Strathy, died in 1978.

___________Memorandum from Wing Commander C.M.A. Strathy, Deputy Judge Advocate General, on "Re: Promulgation in Canada of proceedings of Courts-Martial held overseas", 12 November 1943, reproduced hereunder; this document was previously released under Access to Information Act, file A-2018-00072, Library and Archives Canada and it was  received by Francois Lareau under letter from Library and Archives Canada to Francois Lareau, 4 September 2018, file IR-2018-00630/GC;

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___________on STRATHY, Group Captain C.M.A., see McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office of the Judge Advocate General, c2002, at p. 64, available at i-xii and 1-102;

___________on STRATHY, Group Captain C.M.A., see : https://qormuseum.org/soldiers-of-the-queens-own/strathy-colin-morris-ardagh-strathy/, accessed 5 May 2020:

Wing Commander Colin Morris Ardagh Strathy, QC was born in Toronto on 7 August 1906,
son of Honorary Major Gerard Brakenridge Strathy, Canadian Army Medical Corps (who had
served in the QOR [The Queen's Own Rifles of Canada] 1895-1901) and Mabel Theodora Kirkpatrick (sister of Colonel A.J.E. Kirkpatrick
who commanded the QOR 1922-1925.) He attended the Royal Military College in Kingston
(No. 1762.) His brother (who also attended RMC) was Colonel James Cowan Kirkpatrick Strathy.

On 25 August 1935 he married Ethel Margaret Bate at St Georges Church, Toronto.

During the late 1920’s and early 30’s he served with The Queen’s Own Rifles as an officer.

In 1940 he was appointed Deputy Judge Advocate General for the Air Force. In 1945 then
Group Captain C.M.A. Strathy of the JAG’s office was a member of a sub-committee of the
War Crimes Advisory Committee that drafted regulations to govern war crimes trials by
Canadian courts martial.

He died 2 April 1982 in Toronto.

STRAUS,  Melvin Potter, 1924-, The Control of subversive activities in Canada [microform], Thesis --University of Illinois, 1959, v. 360p., includes bibliography, 1 reel ; 35 mm.; copy at University of Ottawa, Morisset, KE 4486 .S77 1959 (title noted in my research but thesis not consulted yet, 14 October 2018);

image source: thevoxair.ca/Issues/2018/Web%20Voxair%20Issue%2021%202018.pdf, accessed 7 March 2020.

STRECKER, William (William James), LCdr, lawyer, member of the OJAG  and member of the Law Society of Ontario; employed as Deputy Judge Advocate General Canadian Forces Base Trenton (information gathered on 29 June 2018);

___________photos of LCdr William Strecker:

U.S. Department of Defense Current Photos

100121-F-2616H-017

Canadian Forces Lt. Commander William J. Strecker,
right, and U.S. Air Force Staff Sgt. Veronica Pierce clear
their M9 pistols after a weapons firing refresher course at
Tarnak Farm Range Jan. 21, 2010, in Kandahar, Afghanistan.
Strecker and Pierce are assigned to the 205th Coalition Mentoring
Team. (DoD photo by Senior Airman Kenny Holston, U.S. Air Force/Released)
Source: https://www.flickr.com/photos/39955793@N07/4308806583/in/photostream/, accessed 7 March 2020

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___________Death notice of Harvey Newton Streight, The Ottawa Journal, Saturday, 4 June 1960 at p. 22, available at https://www.newspapers.com/...., accessed 14 June 2020;

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____________Notes on Harvey Newton Streight: "Memorable Manitobans: Harvey Newton Streight: : Lawyer, soldier", available at http://www.mhs.mb.ca/docs/people/streight_hn.shtml (accessed 3 August 2018):

Born at Kemptville, Ontario in 1887, he came to Winnipeg in 1904. During the First World War, he enlisted as a
Private in the Royal Winnipeg Rifles, rising to the rank of Lieutenant, and serving at St. Eloi, Santuary Wood,
The Somme, and Ypres.

On his return from military service, he article in law with the firm of Aikins, Fullerton and Company, and with
A. K. Dysart. He was called to the Manitoba Bar in 1922. He was appointed Lecturer of the Manitoba Law School
in 1930 and became Recorder of the school in 1945. Prior to the outbreak of the Second World War, he became
a Lieutenant Colonel and served for a time as Commanding Officer of the Winnipeg Grenadiers reserve unit
and, in 1940, he rejoined the army, first serving as District Judge Advocate General at the headquarters of
Military District 10. Late in 1941, he went to Ottawa and became Director of Prisoners of War, a post he held
until his military discharge in 1945. He was made a Queen’s Counsel in 1954. He was President of the
Conservative Party of Manitoba from 1934 to 1938.

He died at Winnipeg on 2 June 1960 and was buried in the Garry Memorial Park

Sources: “Veteran lawyer, soldier, Col. Harvey Streight dies”, Winnipeg Free Press, 3 June 1960.
[Manitoba Legislative Library, Biographical Scrapbook B12, page 30]
This page was prepared by Gordon Goldsborough.

____________on Harvey Newton Streight, see "Col. H.N. Streight Heads Directorate of Prisoners-of-War", The Ottawa Journal, Saturday, 20 February 1943 at p. 11; available at https://www.newspapers.com/, accessed 16 May 2020;

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____________on Harvey Newton Streight, see the article "Military Inquiry In Nazis' Escape Will Open Monday", The Evening Citizen, Ottawa, 26 April 1941 at p. 15; retrieved from http://biblioottawalibrary.ca.ezproxy.biblioottawalibrary.ca/ezproxylogin?url=/docview/2339896764?accountid=46526, accessed 30 April 2020;

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___________on STREIGHT,  H.N., 1887-, Lieutenant-Colonel, in 1940 was Assistant Judge Advocate General of military district 10 in Winnipeg, see "Straight Takes Internment Post", Star-Phoenix, Saskatoon, Thursday, 15 January 1942 at p. 2; available at , accessed 18 May 2020;

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___________sur STREIGHT,  Harvey Newton, voir sa photo "Le Lt.-Col. Harvey Newton Streight", L'écho de Frontenac, jeudi, 1er octobre 1942, disponible à http://collections.banq.qc.ca/ark:/52327/4038574, page vérifié le 29 juin 2020;

Stephen Strickey (left) with Professor Dunlap, at
the Canadian Forces military justice conference in
Ottawa, 2014, photo source: http://web.law.duke.edu/lens/, accessed 16 November 2014

STRICKEY, Stephen S. (Steve), "After Afghanistan: where to from here?  Panel 4, International military operations: lessons learned and challenges for..", Law, Ethics and National Security Conference (2012 : Duke University. School of Law), Internet resource, Durham, N.C.] : Duke Law, [2012], available at https://www.youtube.com/watch?v=kiyiK5_4Yys (accessed 24 January 2016);

__________" 'Anglo-American' Military Justice Systems at the Precipice of Civilianization: Will Discipline Survive?", paper, see Cambridge Journal of International and Comparative Law  at http://www.cjicl.org.uk/index.php/component/content/article?id=74  (accessed on 27 August 2013); also available at http://cilj.co.uk/wp-content/uploads/2016/11/Vol-24.pdf (accessed 28 December 2018);

___________ " 'Anglo-American' Military Justice Systems at the Precipice of Civilianization: Will Discipline Survive?", (2013) 2(4) Cambridge Journal of International and Comparative Law 763-799; available at http://cjicl.org.uk/archive/ (accessed on 27 March 2014);

___________"The Influence of International Human Rights Law on Military Justice as an Accountability Mechanism", available at http://congresoderechomilitar.com/info/wp-content/uploads/2014/11/20-11-14-Teniente-Coronel-stephen-s.-striekey-ISMLLW-presentation-IHL-and-MJS-FINAL-COLUMBIA-14-00.pdf, accessed on 21 Decdember 2014;

___________International week panel [electronic resource]: comparative prosecutorial practice, internet resource, [Durham, N.C.] : Duke Law, [2011]. http://realserver.law.duke.edu/fall11/intstu/10252011.mp4;