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

-  Governments Bills 1999-2019 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- Superseded Legislation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

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

------

Starting here

BLOG

(starts herafter)

. Le Directeur de poursuites militaires v. Le juge militaire en chef adjoint, Cour fédérale, numéro T-1151-19,  2019

-  Avis de demande, No. T-1151-19, 16 juillet 2019; disponible à http://www.lareau-legal.ca/Dutil26July2019.pdf, demande de certiorari et de mandamus concernant la décision du juge D'Auteuil et son jugement dans l'arrêt de la cour martiale du juge en chef Mario Dutil; 

- Affidavit de Larry Langlois,  disponible à http://www.lareau-legal.ca/AffidavitLanglois2019.pdf;

. Military Art: The "Drum-head court-martial"

"Description: A court martial is performed for a captured deserter, but all involved have heads
or bodies that are drums. Many court martials were initiated or called simply to prove a point
to the green armies. It was a show of noise so that all soldiers knew the consequence of desertion."
[source: gettysburg.contentdm.oclc.org/digital/collection/p4016coll2/id/143/, accessed 30 July 2019]

The meaning of a drum-head court martial:

Source: Chambers's Encyclopaedia: A Dictionary of Universal Knowledge, Volume 4,
1889,  at p. 97, available at https://books.google.ca/books?id=qZtAAAAAYAAJ&pg=PA97&lpg=PA97&dq=%22drum-head+court+martial%22
+meaning&source=bl&ots=3ep3YmB8hn&sig=ACfU3U3pYjuFtB3WGds8bZ9_mxMLfb6VaQ&hl=en&sa=X&ved=2ahUKEwj196TGu93j
AhWrUt8KHdNPBxkQ6AEwCXoECAYQAQ#v=onepage&q=%22drum-head%20court%20martial%22%20meaning&f=false, accessed 30 July 2019


(put on line on 30 July 2019)

. Clause by clause analysis of Bill C-77, An Act to amend the National Defence Act....

DEPARTMENT OF NATIONAL DEFENCE, Amendments to the National Defence Act, Bill C-77, An Act to amend the National Defence Act and to make related and consequential amendments to other Acts -- Clause by clause analysis, 423 p., obtained by François Lareau under Access to Information Act, answer to Department of National Defence, Access to Information and Privacy, File A-2018-01698, dated 21 February 2019; put on line at  http://www.lareau-legal.ca/A-2018-01698.pdf on 27 February 2018, followed by the French version--suivi de la version française: FRENCH VERSION FOLLOWING ENGLISH VERSION ---FRANCAIS À LA SUITE DE LA VERSION ANGLAISE :
MINISTÈRE DE LA DÉFENSE NATIONALE, Modifications à la Loi sur la défense nationale,  Projet de loi C-77 -- Loi modifiant la Loi sur la défense nationale et apportant des modifications connexes à d'autres lois-- Analyse article par article, 423 p.; texte obtenu par François Lareau suite à une réponse sous la Loi sur l'accès à l'information, Ministère de la défense nationale et de la vie privée, dossier A-2018-01698, daté le 21 février 2019; mis en ligne à http://www.lareau-legal.ca/A-2018-01698.pdf le 27 février 2019; 

(put on line 27 February 2019)

. What will the public know about military law and the trial of Colonel Dutil?

Captain "ptit mine", , told me to write to the 4 independent authorities at JAG about the proceedings regarding Colonel Dutil:

 

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


[Subsequent research note, see: "Décision sur la demande en récusation formulée par
l'accusé [le juge en chef, le colonel Mario Dutil] à l'égard du juge militaire
[le lieutenant-colonel Louis Vincent D'Auteuil] président la cour martiale",
disponible à M. Dutil (Colonel ), R. c., 2019 CM 3003 (CanLII),
 <http://canlii.ca/t/j120t> (consulté le 20 juin 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

. Appeal to the Supreme Court of Canada -- Beaudry-- recent documents

- 2 October 2018, Col. MacGregor's letter in reply to the response of Mr. Beaudry's lawyers to his Motion to join cases and abridge time, available at  http://www.lareau-law.ca/Beaudry4.pdf

- 1er octobre 2018, Réponse par lettre des avocats de M. Beaudry à la requête pour joindre les dossiers et abréger les délais, disponible à http://www.lareau-law.ca/Beaudry2.pdf 

- 28 septembre 2018, Réponse des avocats de M. Beaudry sur la requête en sursis d'exécution du jugement sous appel, disponible à http://www.lareau-law.ca/Beaudry3.pdf

- 21 September 2018, Notice by Col. MacGregor of a Motion to a Judge -- Request to Suspend the Declaration of Invalidity, available at  http://www.lareau-law.ca/Beaudry1.pdf

other documents
- Beaudry v. R., 2018 CMAC 4 (CanLII), <http://canlii.ca/t/hv7bf>, 19 September 2018
- SCC Docket Beaudry case number 38308, at https://www.scc-csc.ca/case-dossier/info/dock-regi-eng.aspx?cas=38308
- Section 65.1 of the Supreme Court Act
- Rule 47 of the Rules of the Supreme Court of Canada

(put on line on 4 October 2018)

Image source: http://www.forces.gc.ca/assets/FORCES_Internet/docs/en/jag/jag-annual-report-11-12.pdf, at p. 15
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 

. Justice Cromwell the magician with words  

The symposium included 5 speakers who spoke various aspects of Cromwell’s work. .... This was followed by our
own Professor Lisa Kerr, who spoke to his contributions in the area of public interest standing. Kerr noted that
Justice Cromwell had accomplished what she referred to as a “judicial fantasy” – which is to say that he made a
significant change to the law whilst simultaneously appearing to do nothing at all – by reformulating the test for
public interest standing despite changing only two words.

. JAG Business Plans for Fiscal Year 2018-2019 and 2017-2018

OFFICE OF THE JUDGE ADVOCATE GENERAL:
- JAG Business Plan Fiscal Year 2018-2019; and
- JAG Business Plan Fiscal Year 2017-2018;
[obtained under DND Access to Information Act Request file A-2018-00334, letter dated 12 June 2018; put on line at http://www.lareau-legal.ca/A-2018-00334.pdf on 16 June 2018]

. Une caricature de 1919

"La discipline militaire",  Le canard, Montréal, dimanche, 28 septembre
1919, 43e année, numéro 6, p. 14, BAnQ, Collection nationale, MIC A946
source: erudit.org/fr/revues/cdd/2016-n70-cdd02912/1038746ar.pdf, consulté 6 juin 2018

. At the Stadacona Chapel in Halifax on 18 December 1978

I got married on that day!  From the left:
Capt Bill Fenrick, my best man and one of my witnesses,
me and Gisèle Bellemare, a captain and nurse in the CF.

P.S.: yes I am still married with Gisèle!

. Is the SCC Moriarity decision a good decision? -- Part I

(put on line 28 May 2018)

Chief military Judge Mario Dutil
Image source: thelawyersdaily.ca/articles/5770/chief-military-judge-dutil-facing-new-allegations- 

. Who is the commanding officer of military judges with respect to discipline?

On 19 Januarty 2018, the CDS has designated the officer "appointed to the position of Chief of Programme (C Prog) and who holds a rank not below Major-General/Rear-Admiral, to exercise the powers and jurisdiction of a commanding officer with respect to any disciplinary matter involving a military judge on the strength of the Office of the Chief Military Judge", see the following documents: Ministerial Organization Order, Canadian Forces Organization Order and Designation of Commanding Officers, documents obtained by François Lareau with Letter (file A-2017-01754) dated 23 March 2018 from the Director, Access to Information and Privacy; available at http://www.lareau-law.ca/ChiefMilitary2Judge.pdf (put on line on 2 April 2018);

(put on line 2 April 2018)

. Who will be the next Judge Advocate General?  The current JAG retires in late June 2017

I don't think that Létourneau was happy with the tenure of Cathcart as JAG:

Gilles Létourneau

Toute bonne chose a une fin

All good things must come to an end. This is also true of bad things. According to
critics and observers of military justice, it appears that the appointment of the current
Judge-Advocate General of the Canadian Armed Forces was the appointment of the
wrong person, at the wrong position, at the wrong time. Due to leave his position in
this coming June, it is hoped that the new incumbent will be open to the important
changes that have been made in recent years with success and without prejudice to
the need for good order and discipline in the military.
[Gilles Létourneau dixit in a recent blog, 11 May 2017]

Cathcart has also recently responded to the criticism:

Blaise Cathcart

“Our Canadian system of military justice is world class” ...
Blaise Cathcart told The Lawyer’s Daily. Cathcart said
countries like Australia and New Zealand look to Canada
as a leader on military law and justice.

Before Cathcart departs, he said he will deliver to the Defence
minister his recommendations for improving the efficiency,
effectiveness and legitimacy of Canada’s court martial system,
based on the results of a statutorily mandated comprehensive
internal legal and policy review by the Office of the JAG that
began last summer.

“It’s the legitimacy piece that is sort of my main focus ... because
of what I think is a small, but vocal, criticism that ‘We’re not legitimate.
We’re second-rate. We’re rinky-dink,’” the JAG said. “It’s false.”
 [Cristin Schmitz, "Canada's outgoing judge advocate general fires back
at critics", 7 May 2017]

(posted 12 May 2017)

. Courts martial have a long history in this world!

L. FIORILLO [the photographer] Court martial in Alexandria after the
bombardment.  July 1882.  The army rebellion of 1881 led by
Arabi Pasha against the Anglo-French Condominium
administering Egypt quickly gathered force, and, in the face
of widespread violence against Europeans in Alexandria, a
British fleet under the command of Vice Admiral Sir
Frederick Beauchamp Seymour commenced a ten hour
bombardment of the city on July 11 1882.  After the destruction
of the waterfront fortifications and the retreat of Arabi Pasha's
army, marines landed in the city to restore order, with
instructions that looters were to be flogged and incendiaries
caught in the act were to be shot.  The photographer L.
Fiorillo afterwards issued a volume of photographs entitled
Album souvenir d'Alexandrie: Ruines, a  grim record of the havoc
wreaked by the bombardment.

(posted 8 April 2017)

. Are you interested in military comparative Law (from the land of TRUMP)?

U.S.A., Department of the Army et al., Legal Support to Military Operations, Joint Publication 1-04, 2 August 2016; available at tjaglcspublic.army.mil/documents/27431/95918/JP+1-04%2C+Legal+Support+to+Military+Operations.pdf/a92afdf8-0037-4328-a02e-8a8dc8069995, https://tjaglcspublic.army.mil/fcd, http://www.dtic.mil/doctrine/new_pubs/jp1_04.pdf  and http://www.jag.navy.mil/distrib/instructions/JP1-04_Legal_Support_to_MILOPs.pdf (accessed 7 April 2017); and

USA, Department of the Army, Headquarters, FM-1-04, Legal Support to the Operational Army, available at tjaglcspublic.army.mil/documents/27431/95918/FM+1-04%2C+Legal+Support+to+the+Operational+Army.pdf/f7b48c72-c3a4-4aee-a475-e24613ddb0f8 and tjaglcspublic.army.mil/fcd (accessed 7 April 2017)

(posted 7 April 2017)

.. Do you know your military history -- British and Canadian?

On 14 March 1757, Admiral John Bying was executed following his court martial

The Admiral was the great-great-great-uncle of the Governor General of Canada Viscount Bying of Vimy:

(posted 31 March 2017)

Le Radeau de la Méduse / The Raft of the Medusa, huile/oil, 1818-1819
par/by Théodore Géricault

. DND/CF could kill innocent Canadians...where is the
 law?

My comments come after reading the article of Kristen Everson, "Classified documents reveal crucial moments in response to 9/11-style attack:  Authorities would have just minutes to decide whether to shoot down a hijacked plane", CBC News/Politics, 1 March 2017, available at  http://www.cbc.ca/news/politics/sept-11-classified-documents-airline-attacks-1.4011750

Now....Imagine a Canadian aircraft with more than 100 Canadian passengers hijacked by an armed insane person.  The intent of the mad hijacker is to crash the aircraft in the House of Commons building....the order is given to shoot the aircraft down...

 This is a well known subject for lawyers interested in a the General Part of a modern Criminal code.   Most of the aspects of the problem fall under the discussion of the defence of necessity.   In 1984, the Supreme Court of Canada dealt with that defence (duress as an excusde being a form of necessity as an excuse) in the Perka  decision. On the work on the General Part, see   Chronology -- Towards a Modern General Part of a New Criminal Code?

In 2010, Colonel Rob Holman, Office of the Judge Advocate General wrote a thesis -- Law Enforcement, the Rogue Civil Airliner and Proportionality of Effects: An Analysis of International Human Rights Law -- touching on this topic.

The defence of necessity is still a matter that remains to be codified under the leadership of the Department of Justice Canada.

(posted 24 March 2017; amended 7 May 2019)

. Know more about the law for Prisoners of War

National Defence, Prisoner of War Handling Detainees and Interrogation & Tactical Questioning in International Operations, B-GJ-005--110/FP-020, dated 2004-08-01, available at  http://www.lareau-legal.ca/A-2015-00720.PDF (put on the internet on 7 March 2017); obtained as a result of an Access to Information Act request, National Defence, Access to Information and Privacy letter, 19 January 2017, file A-2015-00720 (put on the internet on 7 March 2017), see http://www.lareau-legal.ca/ATI-2015-00720.pdf;

(posted 9 March 2017)

. Training Plan, Legal Officer Qualification and Master Lesson Plan

(Posted 22 February 2017)

Abstract

        Il y a un endroit où un citoyen canadien peut être envoyé en détention pour 30 jours, par quelqu’un qui n’est pas juge,
 sans être représenté par avocat et sans avoir un véritable droit d’appel. Il s’agit du système de procès sommaire des Forces
armées canadiennes. La présente thèse analyse ce système et suggère des réformes. Elle est destinée à ceux ayant un intérêt
d’améliorer l’administration de la justice militaire au niveau des unités mais veulent suffisamment saisir les enjeux avant de
procéder.

           Selon une approche juridique classique, aidée d’éléments d’histoire du droit et de droit comparé, la présente recherche
débute en fixant la justice militaire dans l’espace juridique canadien. Le chapitre introductif explique également les concepts
fondamentaux, au premier chef le maintien de la discipline, notion plus large pour laquelle le procès sommaire est un outil
de dernier recours. Le deuxième chapitre décrit le système actuel. Un aperçu de son évolution historique est d’abord présenté.
Ensuite, chaque étape du processus est démystifiée, de l’enquête à la révision.

Dans le troisième chapitre, les violations potentielles à la Charte sont identifiées, mettant l’accent sur celles posant
le plus grand risque constitutionnel: le manque d’indépendance judiciaire, l’absence de transcrit de l’audition, l’insuffisance
du droit à l’avocat et la disparité de traitement entre les grades. Le quatrième chapitre présente les alternatives qui ont
été adoptées pour faire face à des défis analogues. Ces alternatives proviennent tant des Forces canadiennes que de juridictions
militaires étrangères de pays de common law et de droit civil.

Le cinquième chapitre analyse si ces violations ne pourraient pas être néanmoins justifiées dans une société libre et
démocratique.  Sa conclusion est que, en présence d’alternatives raisonnables, il serait difficile de convaincre un juge que le
système actuel constitue une limite légitime aux garanties judiciaires.

Le dernier chapitre présente des options pour faire face à ces défis. D’abord, un regard critique est porté sur la première
approche, celle de la ‘dépénalisation’, adoptée par le gouvernement dans le récent projet de loi C-71. Ensuite, des mesures sont
recommandées pour mettre en œuvre la seconde approche, celle de la ‘judicialisation’. Ces mesures ne visent pas qu’à renforcer
la constitutionnalité du système, mais plus encore d’améliorer l’administration de la justice militaire dans un souci de promouvoir
les droits des militaires.

Copyright © Pascal Lévesque, 2016

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

Abstract

           There is a place where a Canadian citizen can be sent to 30 days detention, by someone who is not a judge, without being
represented by counsel, and without having a meaningful right to appeal. It is the summary trial system of the Canadian Armed
Forces. This thesis analyses that system and suggests reforms. It is aimed at those who have an interest in improving the administration
of military justice at the unit level but want to sufficiently understand the issues before doing so.

Through a classic legal approach with elements of legal history and comparative law, this study begins by setting military
justice in the Canadian legal firmament. The introductory chapter also explains fundamental concepts, first and foremost the broader
notion of discipline, for which summary trial is one of the last maintaining tools. Chapter II describes the current system. An overview
of its historical background is first given. Then, each procedural step is demystified, from investigation until review.

Chapter III identifies potential breaches of the Charter, highlighting those that put the system at greater constitutional risk:
the lack of judicial independence, the absence of hearing transcript, the lack of legal representation and the disparity of treatment
between ranks. Alternatives adopted in the Canadian Armed Forces and in foreign jurisdictions, from both common law and civil
law traditions, in addressing similar challenges are reviewed in Chapter IV.

Chapter V analyses whether the breaches could nevertheless be justified in a free and democratic society. Its conclusion
is that, considering the availability of reasonable alternatives, it would be hard to convince a judge that the current system is a
legitimate impairment of the individual’s legal rights.

The conclusion Chapter presents options to address current challenges. First, the approach of ‘depenalisation’ taken by
the Government in recent Bill C-71 is analysed and criticised. The ‘judicialisation’ approach is advocated through a series of
16 recommendations designed not only to strengthen the constitutionality of the system but also to improve the administration
of military justice in furtherance of service members’ legal rights.

Copyright © Pascal Lévesque, 2016

Alexander the Great, the military genius

 

As well, Stein and Lang report that the Canadian Forces’ Judge Advocate General was of the
opinion that in escorting American  shipping bound for Iraq, Canada was in danger of being
considered a belligerent in the conflict.  They also report that he was “not very popular” with
the CDS as a result.  General Henault has subsequently confirmed that he was less than satisfied
with JAG's interpretation as he wished to continue having Canada command TF 151.  He also
noted that the contributing navies continued to support TF 151 and Canada’s command of same.  ....

Subsequently, and entirely in accordance with the Chief of Defence Staff’s
wishes, the issue was indeed brought to the Prime Minister’s  [Jean Chrétien's] attention where
he made the final decision to continue Canada’s command of the Task Force. Anecdotally, the Prime
Minister is reported to have acknowledged the legal complexity of the issues, stating that
they could bring in twenty lawyers and divide them into two teams to resolve the issue whereupon
they would argue for several years. Alternatively, he was prepared to make a decision right now
and did so in favor of continuing Canadian command of Task Force 151.
[Source: LEHRE, Eric J., 1949-, Canada-US Military Interoperability at what Cost Sovereignty?,
thesis submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy, Dalhousie
University Halifax, Nova Scotia, August 2012, at p. 289.]

"Canada's foremost historical illustrator and muralist, C.W. Jefferys was also
a pioneer in Canadian landscape painting, whose advocacy of a genuine native
style and subject-matter helped lay the groundwork for the Group of Seven
and their followers.  Born in England, he worked in New York as a newspaper
artist-reporter in the 1890s, returned to Toronto in 1901, and devoted the rest
of his life to the depiction of his adopted country's history and geography."

(Stacey, Robert, 1949-, National Gallery of Canada, C.W. Jefferys, Ottawa : National Gallery of Canada, 1985, 94 p. : ill. (some col.); 23 cm. SERIES:
Canadian artists series; 10. NOTES: Issued also in French under title/aussi publié en français sous le titre: C.W. Jefferys. Bibliography: p. 93-94, ISBN:
0888845294, ISSN: 0383-5405)

. Une visite du Colonel honoraire du JAG

Source: 

"Le Colonel honoraire du juge avocat général (JAG) des Forces armées
canadiennes, le Colonel John Hoyles, accompagné d’une délégation du
JAG du 5e GBMC, a visité le 1er Bataillon du Royal 22e Régiment le 3
juin 2016. Le Colonel Hoyles est présentement le chef de la direction de
l’Association du Barreau canadien. Cette association représente 37 000
avocats, juges et notaires à travers le Canada. Dès son arrivée au bataillon, le
Colonel fût reçu [...]" --lire la suite à  https://fr-ca.facebook.com/1erR22eR-1er-Bataillon-Royal-22e-R%C3%A9giment-254548539717/, vérifié 27 juin 2016)


(mis en ligne 27 juin 2016)


. New books on military law published at Oxford University Press!



by a former Canadian Judge Advocate General:

  Image source: global.oup.com/academic/product/fighting-at-the-legal-boundaries-9780190457976?q=watkin&lang=en&cc=ca., accessed 19 June 2016

look inside at amazon.ca/Fighting-Legal-Boundaries-Controlling-Contemporary/dp/019045797X#reader_019045797X (accessed 11 April 2017);


by an important contributor to globalmjreform.blogspot.ca/

Image source: global.oup.com/academic/product/military-justice-9780199303496?cc=us&lang=en&, accessed 19 June 2016
-

. A mix of military law and art!


Gertrude Kearns, Keeping it Legal (Major-General
B. Blaise Cathcart JAG), 2015, fine art war print based
on digital capture of original portrait of MGen Cathcart,
2015, signed numbered ltd edition, 60 x 44", an edition of
10, $6,000.00; smaller sizes priced from $1,400.00.

Gertrude Kearns, 

"This war print and the related portrait will be
exhibited for the first time in U of Calgary show
July 4-Oct 30, 2016 being installed now at FOUNDERS'
GALLERY, The Military Museums as two of
44 large CF related works by me on the Afghan War." 
(Gertrude Kearns, email sent to François Lareau, 19 June 2016;
see new 2016 Calgary show, click on UPCOMING EXHIBITIONS:

http://founders.ucalgary.ca/)

 

olitical cartoon about Canada’s contribution to the war effort

image source: youngatvanier.blogspot.ca/2012_03_04_archive.html, accessed 26 May 2016
The artist is Newton McConnell

, 1872-1940

(posted 26 May 2016)



. Le juge Létourneau ne mâche pas ses mots envers les Forces canadiennes



Le juge Létourneau à gauche avec le juge Lamer (photo reproduite du livre suivant: Gilles Létourneau, 1945-, Combattre l'injustice et réformer, Montréal: Wilson & Lafleur, 2015). 

Voici un court extrait du récent livre du juge Létourneau qui fut aussi le président de la Commission d'enquête sur le déploiement des Forces canadiennes en Somalie:

Une Commission pour une institution militaire UDU

    La Commision s'était donnée comme objectif de proposer des
réformes qui aideraient les Forces canadiennes à améliorer leur fonc-
tionnement ainsi que leur système de justice qui nécessitait des
réformes majeures pour pouvoir se conformer aux exigences de la
Charte canadiennes des droits et libertés sous peine de se voir opposer
des déclarations d'insconstitutionnalité.

    Mais malheureusement il leur fallait passer par l'exercice difficile
et irritant de se faire dire publiquement leurs lacunes et leurs manque-
ments avant de pouvoir passer à l'étape suivante.  Car passer à celle des
réformes sans au préalable bien identifier et cerner les problèmes équi-
vaut à ériger un château de cartes sur une plage de sable.  En outre,
c'était la première fois que les Forces canadiennes devaient se sou-
mettre à une enquête publique menée par des civils.  On ne pouvait tout
de même pas, dans les présentes circonstances où  l'institution et même
le gouvernment qui la défendait avaient perdu la confiance du public,
pousser l'indécence jusqu'à demander à des militaires d'enquêter sur
eux-mêmes, ce qu'ils font généralement avec leurs commissions d'en-
quête interne.

    La Commision s'est très vite aperçue que, contrairement à ce
qu'on lui avait dit, elle faisait et ferait affaire du début jusqu'à la fin, et
même plus, avec une institution militaire UDU, c'est-à-dire Unwilling,
Deserving et Ungrateful.  Unwilling: elle n'était pas disposée à colla-
borer.  Deserving: elle a récolté et mérité ce qu'elle a semé.  Ungrateful:
malgré tous les efforts et l'immense travail que la Commision a accom-
plis pour son bénéfice, elle n'a fait preuve d'aucune gratitude.  Au contraire.
[Gilles Létourneau, 1945-, Combattre l'injustice et réformer, Montréal:
Wilson & Lafleur, 2015, xiii, 171, [xx] p., à la page 113, ISBN: 978-2-89689-294-5]
(mis en ligne le 16 mai 2016)

 
Minister Hehr and former Minister O'Toole do have one thing in common: they employ
the same bureaucratic rhetoric about “treating veterans with care, compassion, and respect”.
For Canadian citizens who are willing to wear a military uniform and far too often die
defending rights like freedom of expression, rhetoric without substance is demeaning enough.
Having a former general and federal government representative chair a group of often
marginalized individuals highly indoctrinated to be subservient to authority is truly a farce of a
most un-Canadian kind. [Sean Bruyea, "Veterans Affairs holds 'stakeholder summit' but is it just
a dog and pony show?", Ottawa Citizen, 9 May 2016]

Mr. Bruyea’s public ethics thesis, which he hopes will be published as a book, looks at the conditioning required
of soldiers, sailors and air force men and women to make them part of the cohesive and unquestioning collective
that is the Canadian military – and the jarring loss they experience when they leave it. [Gloria Galloway, "Veterans'
advocate Bruyea defends master's thesis on soldier transition, The Globe and Mail, 28 March 2016]

.  Question on the law of war (or for the more sophisticated the law of armed conflict)




Under the law of war, does the above cartoon refer to: (a) a situation of perfidy; (b) a situation of ruse of war; or (c) not a situation concerning the law of war?

The cartoon is by Peter Whalley, 1921-2007, and is reproduced from the following book: Allen, Robert Thomas, A Treasury of Canadian Humour, Toronto: McCelland and Stewart Limited, 1967, 128 p., at p. 122 (series; Canadian Illustrated Library).

(posted 6 May 2016)
 

. Change we must!  Eventually, the law concerning military discipline will evolve radically



Image by Len Norris, cartoonist and reproduced from the following book: Allen, Robert Thomas, A treasury of Canadian Humour, Toronto: McCelland
and Stewart Limited, 1967, 128 p., at  p. 121 (series; Canadian Illusrtrated Library).

Recommended reading: "Much Ado About Nothing: An Institutional Resistance to Change", being chapter 3 of Colonel Bernd Horn and Dr. Bill Bentley, foreword by Romeo Dallaire, Forced to Change: crisis and reform in the Canadian Forces, Toronto: Dundurn Press, 2015, 167 p., at pp. 67-80, ISBN: 9781459727847; this chapter 3 is available at https://books.google.ca/books?id=kGHnAwAAQBAJ&pg=PA63&lpg=PA63&dq=CANADA+role+of+the+legal+advisors+in+the+armed+Forces&source=bl&ots=_nq026_k7L&sig=1np_DloM1L1RDavt30V5NLsJpHI&hl=en&sa=X&redir_esc=y#v=onepage&q=jUDGE%20ADVOCATE&f=false (accessed 3 May 2016);

(posted 3 May 2016)




. The two military lawyers from the Office of the Judge Advocate General appearing
 for the appellant, Her Majesty the Queen, before the Supreme Court of Canada on Monday, 25 April 2016


Supreme Court building, Ottawa
(photo by François Lareau)

Video stills from the webcast of :

- Her Majesty the Queen v. Ordinary Seaman Cawthorne and 

Her Majesty the Queen v. J.G.A. Gagnon, et al.-- http://www.scc-csc.ca/case-dossier/info/webcastview-webdiffusionvue-eng.aspx?cas=36466&urlen=http%3a%2f%2fwww4.insinc.com%2fibc%2fmp%2fmd%2fopen_protected%2fc%2f486%2f1971%2f201604250510wv450en%2c001&urlfr=http%3a%2f%2fwww4.insinc.com%2fibc%2fmp%2fmd%2fopen_protected%2fc%2f486%2f1970%2f201604250510wv450en%2c001&date=2016-04-25



----------
David Antonyshyn                                                                                                Dylan Kerr

(posted 2 May 2016)

Post scriptum, 6 may 2016: I did not put the pictures of the JAG lawyers representing the respondents before the SCC as their pictures have already appeared.

     


. Another court martial involving sex, cadets at the Royal Military College Kingston, an acquittal and 5 JAG officers


---
Left photo, Major Edmund Thomas (part of the defence team), and, on the right photo, Major Maureen Pecknold (part of the prosecution team),
video stills from

Asked after court if the decision means his status at RMC will be reinstated and his graduation permitted, Maj. David Hodson, one-half of Whitehead's defence team,
said "that would be the right and honourable thing to do."

But both he and Maj. Edmund Thomas, the other half of the defence team, said it's up to RMC to make that decision.

"Officer Cadet Whitehead should not be punished for an acquittal," Hodson added. But he said the role of the lawyers and military judge Lt.-Col. L.V. d'Auteuil in the matter has now ended.

In his decision, Lt.-Col. d'Auteuil noted that "the prosecution's case relies, more than anything else, on the testimony of the two complainants." He also emphasized that the burden of proving
beyond a reasonable doubt that Whitehead sexually assaulted the women in September and October 2013, respectively, and that there was no consent, lay entirely with the Crown prosecution
team of majors Maureen Pecknold, Annie-Claude Samson and Jeff Peck: "That never changes," he observed. [from Sue Yanagisawa's article]

Résumé
Les blessures psychiques ont été présentes au détour de chacun des conflits qui ont jalonné l’Histoire. La première partie de ce travail porte sur la découverte de la
névrose traumatique, sa perception dans le cadre militaire, et sur la distinction qui existe entre l’approche psychanalytique européenne centrée sur le trauma et l’entité
américaine qui s’est imposée pour se fonder essentiellement sur le stress. Les législations canadiennes et françaises qui encadrent le vétéran et l’ancien combattant
atteint de psychosyndrome traumatique vont constituer le sujet de la seconde partie. L’historique du cadre juridique contemporain ; les étapes de la demande d’indem-
nisation avec leurs caractéristiques et leurs écueils respectifs ; les notions de preuve et d’imputabilité, enfin les particularités de l’expertise médicale sont présentées selon
la perspective propre à chaque pays. Des sujets variés issus d’une trame commune qui, relatant l’expérience du vétéran blessé psychiquement pour lequel l’exercice de son
droit à réparation prend l’allure d’un second combat, vont permettre de déterminer si, au-delà de la reconnaissance de l’institution ou des attentes déçues, la législation
actuelle encadre de manière satisfaisante – ou pas – le droit à réparation. (source: http://savoirs.usherbrooke.ca/handle/11143/6023?show=full, visité 20 avril 2016)

..
Front page story by Bruce Campion-Smith: "Failure to Act on Sex Abuse: Canadian military knew of assaults on boys by Afghans,
but didn't act because of 'unclear' training, poor communication, report finds", Toronto Star, 13 April 2016, at pp. A1 and A4.

A weekly sitrep was sent from theatre on 3 October 06 advising the acting CEFCOM LEGAD, LCdr Leveille, that possible sexual assaults
of minors were taking place in theatre and that a CF policy review was required. LCdr Leveille claims to have forwarded the emails to Cdr
Archer, and discussed their contents with her shortly after her return from annual leave in 2006 but she informed the Board that she was not
advised until the BOI document search began in June 2008. Despite a significant effort, the BOI was not able to resolve this conflicting
testimony. However, it is clear that information on potential sexual abuse was in CEFCOM Headquarters in October 2006 and this information
was not passed to either the JAG or CEFCOM chains of command for review or action. [NATIONAL DEFENCE AND BOARD OF INQUIRY,
 "Board of Inquiry – Allegation of assault of a civilian by Afghan National Security Forces and the Canadian Forces response to such incidents
 (Redacted)", available at  http://forces.gc.ca/en/about-reports-pubs-boards-inquiry/ptsd-exec-summary.page (accessed 13 April 2016)]

--------------
Bill Graham, left, with MGen Jerry Pitzul, JAG,
at JAG Annual Mess Dinner, 27 October 2005
(image source: (2006) 1 JAG Les actualités --
Newsletter 16)

- Bill Graham, 1939-, born in Montreal
  Lawyer, professor of law, former liberal minister of National Defence (July 2004 - February 2006), former minister of Foreign Affairs (January 2002-July 2004),
  former acting Liberal Party Leader (March 2006 - December 2006)  -- see  http://www.lop.parl.gc.ca/ParlInfo/Files/Parliamentarian

 Speech of Bill Graham to the JAG Annual Mess Dinner (source: GRAHAM, Bill, "[Address of] The Honourable Bill Graham, P.C., M.P. Minister of National
 Defence, L'Honorable Bill Graham, P.C., M.P. Ministre de la défense nationale [to the] Office of the JAG Annual Mess Dinner, Royal Canadian Air Force
 Officers Mess, 27 October 2005, Ottawa, Ontario, Dîner régimentaire annuel du Cabinet du JAG, Mess des Officiers de la Force aérienne, 27 octobre 2005,
 Ottawa, Ontario", (2006) 1 JAG Les actualités -- Newsletter 22-24;





From the left: Gen Hénault, CDS, BGen Jerry Pitzul, JAG and
Col (Ret'd) Arthur MacDonald, 1 October 2002 on the book
launch of Art MacDonald's book Canada's Military Lawyers,
 (image source: JAG Newsletter/Les actualités du JAG,
volume 1, 2003, p. 3).

- Raymond Hénault, 1948-, born in Winnipeg, Chief of the Defence Staff (June 2001-November 2004), see Wikipedia

General Henault also indicated that the Judge Advocate General (JAG), Brigadier-General Jerry Pitzul, played a particularly  important internal role:
 “Jerry was as consistent and as honest as you could get in that respect. There was no arm twisting that he would allow.”  While there is a danger of
exaggerating, the fact is the JAG enjoyed very powerful influence over military plans by virtue of his unchallengeable ability to determine what was
legal and what was not.  This was reinforced by the fact that the Chief of Defence Staff was not his only boss.  Rather, the JAG was also responsible for
providing legal advice to the Defence Minister and Governor-General and thus enjoyed a certain independence, and with that a level of freedom from
"arm twisting." (footnotes omitted; p.188).
(source:LEHRE, Eric J., Canada-US Military Interoperability at what Cost Sovereignty?, submitted in partial fulfillment of the requirements for the
degree of Doctor of Philosophy, Dalhousie University Halifax, Nova Scotia, August 2012, xviii, 441 leaves, at p. 188; available at
https://dalspace.library.dal.ca/bitstream/handle/10222/15306/Lerhe,%20Eric,%20PhD,%20POLSCI,%20Oct%202012%20D.pdf?sequence=5 (accessed 9 April 2016).

 

(posted in April 2016)




Supreme Court of Canada building (Photo: François Lareau)
Two future military cases to be heard by the Supreme Court of Canada:

.  The art of Gertrude Kearns

-------------------- Source: collections.historymuseum.ca/public/objects/common/webmedia.php?irn=5249009
ccca.concordia.ca/catalogues/k/kearns/kearns_ArtofCommand.pdf*                                                                  **www.cdainstitute.ca/en/blog/entry/commanding-art-gertrude-kearns-and-canada-s-afghan-mission


(posted 13 February 2016)

.  The  Law Office of Michel Drapeau publishes the papers of the November 2015 Conference on Canadian Military Justice -- The Winds of Change. 

Michel Drapeau Law Office, ed.,  Winds of Change: Conference and Debate on Canadian Military Law, [Ottawa:] Michel Drapeau Law Office, 2016,
102 p., 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)"; available at
mdlo.ca/wp-content/uploads/2016/01/2015-Conference-Proceedings.pdf (accessed 20 January 2016);
 

----
P. 7 of 856                                             Report starts at p. 153 of 856

in  Sessional Papers, vol. 58(9), First Session, 14th Parliament, Report of the Department of Militia and Defence, Sessional Paper 36, fiscal year finishing 31 March 1921 and presented
by the Minister of Militia and Defence to the Governor General and Commander in Chief of the Dominion of Canada on 1 November 1921, available at https://archive.org/details/n09sessionalpaper58cana (accessed 6 November 2017)


Report of the Directorate of the Judge Advocate General, which was Part of the Adjudant's General Branch
(at pp. 181 of 856 p.; p. 29 of the Departmental report)

Judge Advocate-General 

During the year ending March 31, 1921, 168 courts-martial were held in Canada, 
of which 13 were General courts-martial, and the remainder District. 

By Army Order 137 of 1920, authority was granted to the Judge Advocate-General 
at the War Office to transfer to such officers in the overseas Dominions as might be 
appointed by the respective Governors General the proceedinge of courts-martial held 
overseas for the trial of members of the Military Forces of that Dominion, and by 
an Order in Council of June 15, 1920 (P.C. 1341), the Judge Advocate-General at 
Ottawa was authorized by the Governor-in- Council to receive the oourt-martial pro- 
ceedings held overseas for the trial of members of the Canadian Expeditionary Force, 
and arrangements were made through the Overseas Detachment, C.E.F., for the 
transfer to Canada of tiiese proceedings, which amounted to about 16,000. These 
are now at Militia Headquarters and are available for reference. 

At the beginning of the year covered by this report there were in England 14 
other ranks and one officer undergoing sentences of penal servitude and imprisonment 
awarded by the civil courts, and nine other ranks undergoing sentences awarded by 
courts-martial. Of the former two other ranks have completed their sentences and 
their cases have been disposed of, and, of the latter, one has completed his sentence 
and the case disposed of. 

The Judge Advocate-General was engaged in preparing material and giving 
evidence before the Special Committee of the House of Commons on Pensions and 
Soldiers' Civil Ee-establishment during the session of 1920, and certain important 
amendments to the Militia Pension Act and the Pension Act with regard to the 
payment of pensions under both Acts were approved by the Special Committee and 
passed by Parliament. 

The Judge Advocate-General acted as legal advisor to the Overseas Ministry in 
Ottawa whilst that Ministry was winding up its affairs, and, since the Ministry has 
ceased to function, all claims of a legal nature which concern the Overseas Ministry 
are referred to this office. 

The normal number of leases and agreements which this office prepares was 
materially increased by reason of the fact that a large number of leases and agreements 
in which the Crown, through the Minister of Militia and Defence, was a party were 
cancelled owing to the fact that it was decided that all properties possible should yield 
a rental based on a fair valuation of the same, rather than a nominal rental, with the 
result that new leases or agreements in respect to these properties had to be prepared. 

Owing to the large number of retirements to pension in cases of members of the 
Permanent Active Militia consequent upon the reorganization thereof, opinions with 
regard to the interpretation of certain portions of the Militia Pension Act were 
required, and, in addition, a number of the cases had to be referred to the Deputy 
Minister of Justice, all the material and the letter of reference being prepared by the 
Judge Advocate-General. 

The Judge Advocate-General, further, assisted the Department of Justice in a 
number of cases where actions were brought against the crown in respect of pay and 
allowances and pension. 

Pursuant to Routine Order 1736 of 1919, 44 dishonoured cheques, mess accounts, 
etc., aggregating $1,746.11 have been collected. 

The issue in March, 1920, of the new Pay and Allowance Regulations added to 
the work of this office, as owing to changing conditions, numerous amendments were 
required, most of which were submitted to this office.

-----------
Page 7 of 1168                                           Report starts at p. 809 of 1168

in  Sessional Papers, vol. 59(4), Second Session, 14th Parliament, Report of the Department of Militia and Defence, Sessional Paper 17, fiscal year finishing 31 March 1922 and presented
by the Department on 1 February 1923,  available at  https://archive.org/details/n04sessionalpaper59canauoft (accessed 5 November 2017)

During the year ending March 31, 1922, 74 courts-martial were held in Canada, 
all of which were district courts-martial. This is a decrease of over 50 per cent 
compared with the number of courts-martial held during the preceding year, and 
indicates a consequent improvement in discipline. On the other hand, however, the 
numerous amendments which were made to the Rules of Procedure and the Army Act 
in the latter part of 1920 were, in a number of instances, not fully understood by 
officers who from time to time were members of courts-martial, or by officers respon- 
sible for the administration of military law in the various districts. The result was 
that a very large number of these courts-martial proceedings had to 'be returned for 
correction of technical irregularities, and, in some cases, for the quashing of the 
finding and sentences. 

Upon the Permanent Active Militia being reorganized, the need of affording 
instruction in military law and regulations relative to the maintenance of discipline 
was apparent, this being due to the fact that, during the period of the war, this 
branch of administration had been left to the care of officers specially appointed for 
that purpose, and consequently a certain proportion of officers appointed to the 
Permanent Force after the war were not sufficiently experienced in this branch of 
work. 

Pursuant to instructions received from the Militia Council, the Judge Advocate 
General prepared a short series of lectures designed to cover those questions of military 



[p. 38 starts] 

law and the maintenance of discipline which were most constantly arising, and dealing 
also with the more important points in court-martial procedure. The Judge Advocate- 
General also carried out in Military Districts one to five, short courses of instruction 
covering four days in each District. An immediate improvement in these branches 
of administration was noticed. 

The number of leases and agreements prepared in the Judge Advocate-General's 
office exceeded somewhat the number for the preceding year. It might be observed 
that, as the result of the abolition of the old printed forms of leases and agreements 
which were previously used, it is now necessary to draft a special lease or agreement 
covering each particular case, thereby minimizing, to a great extent, the number of 
claims which were formerly made on account of ambiguous clauses embodied in the 
old forms, the interpretation of which was not at all clear. 

Consequent upon the decision to amalgamate the Department of Naval Service,
the Department of Militia and Defence, and the Air Board under one head and create 
a new Department of National Defence, the duties of the Judge Advocate-General 
were considerably increased owing to his being responsible for the preliminary work 
of drafting the necessary legislation and memoranda thereon, and the numerous 
references which had to be made to the Department of Justice and the Parliamentary 
Counsel. 

During the year a considerable number of reports to Privy Council were either 
drafted in the office of the Judge Advocate-General, or referred to him for opinions 
or amendments if the same were necessary. A considerable number of matters had 
to be referred to the Department of Justice during the year, the necessary corre- 
spondence being being prepared by this Directorate. The number of requests for opinions 
and memoranda on questions arising out of the Pay and Allowance regulations, 
King's regulations, etc., was, approximately, the same as in the preceding year. 

In addition to his duties as Judge Advocate-General, this officer is a member of 
the Pensions and Claims Board, which administers the Militia Pension Act. The 
number of retirements to pension during the year under review due to reduction in 
Establishment of the Permanent Force, necessitated the preparation of a large number 
of memoranda and opinions, for which the Judge Advocate-General was responsible.

Directorate of the Judge Advocate-General 

Forty-nine District courts-martial were held in Canada during the fiscal 
year ending 31st March, 1923, there being no General courts-martial. This is 
a decrease of twenty-five compared with the preceding year. Generally speak- 
ing, the convictions were not for serious offences, and the sentences awarded 
were comparatively light. This, together with the decrease in the number of 
courts-martial, indicates a substantial improvement in discipline. 

The proceedings which had to be returned for the correction of technical 
irregularities, or for quashing the finding and sentence were few compared with 
the preceding year, indicating a substantial improvement in the administration 
of military law, and that the officers concerned had acquired a greater know- 
ledge of the Army Act, the Rules of Procedure and the King's Regulations. 



[p.65 starts]


The Army Act and the Rules of Procedure were further amended during the 
year under review, resulting in the ^simplification of the procedure. 

The number of Courts of Enquiry held throughout Canada on various 
matters which were referred to the Judge Advocate-General for opinion 
exceeded the number in the preceding year. In a number of instances, these 
Courts were of such a nature that it would have been of great assistance to 
the District concerned had there been available in the District an officer pos- 
sessing a certain amount of legal training. 

The number of leases and agreements which were prepared in the office of 
the Judge Advocate-General was, approximately, the same as in the preceding 
year. 

The duties of the Judge Advocate-General have been materially increased 
by the creation of the Department of National Defence. Numerous matters 
have been referred to him by the Naval Service and the Air Board. 

Upon the reorganization of the Royal Canadian Air Force, it was con- 
sidered advisable that the procedure which should be followed, in so far as 
concerns the Regulations applicable to it, and the administration of Air Force 
law, should be along the same lines as that followed in the case of the Per- 
manent Active Militia and the Royal Air Force. The Judge Advocate-General 
was accordingly instructed to take the necessary action, the preliminary work 
in connection therewith being completed by the end of the year under review. 

On the coming into force on the 1st January, 1923, of " The National 
Defence Act, 1922," the Judge Advocate-General's office ceased to be a Direc- 
torate in the Branch of the Adjutant-General, and became responsible to the 
Deputy Minister, thereby following, as far as practicable, the organization in 
the War Office. 

Owing to the increase in his duties, it was considered desirable that an 
officer of the Permanent Active Militia should be detailed to assist the Judge 
Advocate-General during that period in the year when the duties of his office 
were heavy. It was considered that it would be to the advantage generally of 
the Permanent Active Militia if officers of the Permanent Active Militia were 
detailed for this duty for four months each year, thereby not only assisting the 
Judge Advocate-General, but also acquiring a greater knowledge of military 
law procedure and the regulations, which would be of great value to them in the 
districts in which they are stationed when their tour of duty in the Judge 
Advocate-General's office ended. 

The Judge Advocate-General is also a member of the Pensions and Claims 
Board, administering the Militia Pensions Act. Certain legislation affecting pen- 
sions was prepared in his office, together with numerous opinions and memoranda 
arising out of matters concerning pensions.





Annual Judge Advocate Report for fiscal year ending 31 March 1924 



---- 

P. 7 of 1222                          Report starts at p. 163 of 1222  

REPORT OF THE JUDGE ADVOCATE-GENERAL 

Under the terms of the National Defence Act, 1922, the Judge Advocate- 
General's office ceased to be a directorate in the Branch of the Adjutant-General, 
and from January 1, 1923, the Judge Advocate-General became responsible to 
the deputy minister. 

Thirty-three courts-martial were held in Canada during the fiscal year 
ending March 31, 1924, all of such courts-martial being district. This is a 
decrease of sixteen compared with the preceding year, and, generally speaking, 
the offences were not of a serious nature. This is indicative of the continued 
improvement in the discipline of the Permanent Force. 

The proceedings of these courts-martial indicate a substantial improve- 
ment in the knowledge of military law possessed by the officers sitting on the 
courts in question. It is extremely desirable, however, that a thorough know- 
ledge of military law and the provisions of the King's Regulations relative to 
discipline should be possessed by all officers, and it is pointed out in this con- 
nection that the various proceedings of courts-martial and courts of enquiry 
which have come before the Judge Advocate-General for review indicate that 
there is still considerable room for improvement. 

As stated in the report for the preceding year, on the creation of the 
Department of National Defence the Judge Advocate-General now performs 
similar duties in relation to the Royal Canadian Navy and the Royal Canadian 
Air Force as he formerly did in relation to the Canadian Militia. During the 
period under review the King's Regulations and Orders for the Royal Canadian 
Air Force were prepared by that officer, and have now gone into effect. 

During the period under review two amendments were made to the Militia 
Pension Act, one dealing with the suspension, and, in certain instances, the 
continuance of the pension when the pensioner is employed in the public service 
of Canada, and the other restoring the period of service required to establish 
eligibility for pension to twenty years, as it was prior to the amendment of 1919 
which reduced such period to one of ten years. Both these amending Acts were 
prepared by the Judge Advocate-General. 

The Judge Advocate-General has been a member of various departmental 
committees, and his duties have been increased as a result. 

0wing to the Crown's title to considerable property under the control of the 
department being disputed, certain litigation has ensued. It has been the Judge 
Advocate-General's duty to prepare the necessary material in collaboration with 
the Department of Justice, and it is hoped that such litigation will effectually 
settle a number of points which have been a matter of long standing dispute. 

With a view to minimizing as much as possible the number of cases of 
deficiencies in clothing and equipment on charge to Units of the Non-Permanent 
Active Militia, proceedings have been instituted through the Department of 
Justice against the officers whom the Department considers financially respon- 
sible. The preparation of these cases and the necessary reference to the Depart- 
ment of Justice have been dealt with by the Judge Advocate-General. 

All important reports to Privy Council have either been prepared by him, 
or submitted for his consideration, and, in addition, he is responsible for the 
drafting of certain orders and regulations. 

As a member of the Pensions and Claims Board, administering the Militia 
Pension Act, the Judge Advocate-General has prepared numerous opinions and 
memoranda on matters affecting pensions. 

A system for simplifying the procedure followed in the issuing of orders 
and regulations was put forward by the Judge Advocate-General, and has now 
been approved and put into effect. 

Annual Departmental Reports were included in the Sessional Papers until 1925. Starting in 1926, Sessional Papers became “Annual Departmental Reports of the Dominion of Canada”, and continued until 1973.  After 1929/30, the reports are no longer collected but are distributed from the individual departments.

REPORT OF THE JUDGE ADVOCATE-GENERAL [at pp. 299-300 of 1052; or pp. 83-84 of the Report of the Department]

REPORT OF THE JUDGE ADVOCATE-GENERAL 

There were no general courts-martial convened during the fiscal year under 
review, the number of district courts-martial convened being thirty-three. This 
is an increase of two compared with the preceding year, and the charges were 
not generally of a serious nature. 

A large number of these proceedings contained illegalities or irregularities 
which necessitated their being returned to the Convening Officers for correction. 
They indicate that, generally speaking, there is still considerable room for 
improvement in the knowledge of military law possessed by officers of the 
Permanent Force. 

It is recognized that there do not exist in Canada the same facilities for 
instruction in this subject as exist in England, nor have officers in Canada the 
same opportunities to gain practical experience by serving on courts-martial. 
Steps are being taken by the Judge Advocate-General's office to arrange in 
conjunction with the General Staff a system of instruction which it is hoped 
will prove successful. 

There is no question, however, but that at the present time the knowledge 
of military law and the provisions of the King's Regulations relating to disci- 
pline possessed by officers of the Permanent Force is considerably below that 
which they possess in other military subjects. 

A complete revision of the King's Regulations and Orders for the Canadian 
Militia has been undertaken by the Judge Advocate-General. This is a matter 
which entails considerable work and research. Excellent progress has been made, 
however, and it is expected that the revision will be completed and available 
for distribution by the end of the present calendar year. 

The procedure for simplifying the issue of orders and regulations put 
forward by the Judge Advocate-General last year has been further extended, 
and so far it has met with success. 

The preparation of material on certain matters under litigation has been 
dealt with by this office, and in view of the importance of some of these the 
work involved has been heavy. 

The provisions of the Militia Act relating to the use of troops in aid of 
the civil power were amended during the year under review. These amend- 
ments were based on the recommendation of the Royal Commission held to 
enquire into the unrest among the coal and steel workers in Cape Breton. The 
amending act was drafted by the Judge Advocate-General in collaboration 
with the Department of Justice, and the Judge Advocate-General was also 
required to furnish the necessary explanatory memoranda and statements. 

He was also engaged in preparing several draft bills relating to air force 
and naval pensions, which are still the subject of consideration. 

The number of references to the Judge Advocate-General's office on matters 
necessitating the preparation of considered opinions showed no decrease com- 
pared with preceding years. 

The Judge Advocate-General's office dealt during the year with a large 
number of Orders in Council and regulations, which were referred for redrafting 
or review prior to submission. The majority of important reports to Privy 
Council and regulations are now referred prior to submission. 

A large number of courts of inquiry were submitted for review or an opin- 
ion. These courts of inquiry in many instances are incomplete, the matters 
under inquiry not being dealt with so as to obtain the complete evidence which 
the convening authority should have so as to enable him to determine properly


[p. 84]
the action he should take. They indicate that such courts do not proceed with 
their inquiry on certain defined lines, with the intention of establishing the 
existence or otherwise of certain facts. In numerous instances the examination 
of witnesses appears to have been more or less haphazard, without any concrete 
idea of continuity. 

There is considerable room for improvement in these matters. 






Report of the Judge Advocate General for Fiscal Year finishing 31 March 1926




Report starts at p. 1081 of 1350


in Annual Departmental Reports 1925-1926, vol. 2, Report of the Department of National Defence (Militia and Air Services) available at https://archive.org/details/v2annualdepartme1926canauoft (accessed 5 November 2017)  


REPORT OF THE JUDGE ADVOCATE-GENERAL [at pp. 1169-1170 of 1350; or pp. 89-90 of the report itself] 

During the fiscal year under review the number of courts-martial convened 
and held was as follows: — 

                   D.C.M. G.C.M. 
   Permanent Force  49     Nil 
   R.C.A.F           4     Nil
                    __     __ 
                    53     Nil
                    __     __

This is an increase of 16 courts-martial in the Permanent Force, and in the 
Royal Canadian Air Force of 4, compared with the number of courts-martial 
held in the preceding year. 

The offences committed were mainly those of desertion or absence without 
leave, and losing by neglect clothing, equipment, etc. While the offences in 
themselves were not of a particularly serious nature, and the sentences awarded 
were sufficient in the interests of justice, yet an increase compared with the year 
before of almost 50 per cent is a matter which warrants some consideration. 

The proceedings, in the main, were properly conducted, but there is 
obviously need for a comprehensive scheme of instruction in military law, which 
question will be dealt with later on in this report". 

The revision of the King's Regulation and Orders for the Canadian Militia 
which, as stated in the report for the preceding year, had been undertaken by 
the Judge Advocate-General, was completed by the end of December, 1925. The 
revised edition has gone forward for approval, and should be available for dis- 
tribution by the end of September of this year. The work in connection with 
this revision was extremely heavy, and added considerably to the normal duties 
of the Judge Advocate-General's office. 

Numerous other regulations, such as Clothing Regulations, Equipment 
Regulations, etc., have been under revision during the year under review, neces- 
sitating advice being obtained from this office on numerous matters connected 
therewith. 

During the year under review numerous courts of inquiry were submitted 
to this office for an opinion or report, and, further, matters of an important nature 
and on which it had been decided to hold a court of inquiry, were referred 
to this office for an opinion as to the lines on which such courts of inquiry should 
proceed. The practice of making a prior reference to the Judge Advocate-General 
has proved satisfactory, as it has enabled the court concerned to proceed along 
certain clearly defined lines, and has resulted in the exclusion of a large amount 
of irrelevant statements and evidence which, in the past, were usually admitted, 
but which ser^^ed no useful purpose and only tended to confuse the authorities 
who subsequently had to deal with the findings and reconmmendations of such 
courts. 

During the year under review there has been a large increase in the number 
of Air Force matters referred to this office. This is largely due to the action 
taken by the Royal Canadian Air Force to put on a permanent basis their 
regulations which were originally of a more or less tentative nature. 

The number of reports and submissions to Privy Council and regulations 
which this office was called upon to prepare or draft showed no decrease com- 
pared with the preceding year. 

As stated above, the need for a comprehensive scheme of instruction in 
military law has been recognized, and the Judge Advocate-General was accord- 
ingly detailed to proceed to England at the beginning of March, 1926, for the 
purpose of being attached to the office of the Judge Advocate-General at the 
War Office, it being considered that a tour of duty there would not only enable 



[p. 90 starts] 

him to keep abreast with the latest British system of administration, but also 
to obtain definite information on the methods of instruction carried out in the 
British Army. The information which this officer will obtain from the War 
Office will serve as the basis for a comprehensive instructional program which 
it is hoped to put in effect at an early date. In this connection it 'should be 
realized that officers of the Permanent Force are required to pass the same pro- 
motion examinations as all officers of like rank throughout the British Empire, 
and unless instruction in Canada is uniform with that in England Canadian 
officers will be at a disadvantage. 

During the year under review, the usual number of leases and agreements 
were drafted in this office. 

The Judge Advocate-General, being a member of the Departmental Pen- 
sions and Claims Board, is constantly required to advise on matters pertaining 
to pensions under the Militia Pension Act, and various claims which are referred 
to the Board in question. He is also a member of several other standing Boards 
or Committees in the Department, the duties of which entail a considerable 
amount of additional work.







Report of the Judge Advocate General for Fiscal Year finishing 31 March 1927



-------
Page 5 of 1186                          Report starts at p. 1955 of 1186


in Annual Departmental Reports 1926-1927, vol. 2, Report of the Department of National Defence (Militia and Air Services) available
at https://archive.org/details/annualdept2s192627cana (accessed 5 November 2017)


 REPORT OF THE JUDGE ADVOCATE-GENERAL 

During the fiscal year ending March 31, 1927, 55 courts-martial were con- 
vened and held. Of these, 53 were for the trial of military personnel, and 2 for 
the trial of personnel of the Royal Canadian Air Force. There were no general 
courts-martial convened. Thirty-five of these 55 courts-martial dealt with 
charges of desertion, and loss of the soldier's or airman's clothing and equipment. 

Of the remaining 20 courts, 8 dealt with charges of a serious nature as fol- 
lows: 3 with charges under section 8 of the Army Act of striking or using violence, 
or threatening or insubordinate language to a superior officer; 2 with charges 
under SEC. 17 of the Army Act of embezzlement of regimental money; 3 with 
charges under section 18 of stealing money or goods or receiving the same, the 
property of persons subject to military law. 

The remaining courts-martial dealt with offences of a more minor character, 
and it is of interest to note that, during the period under review, only one case 
of drunkenness was required to be dealt with by a court-martial. 

Only one conviction was required to^ be quashed on instructions from the 
Judge Advocate-General, and this was necessary solely on technical grounds. 

The small number of courts-martial held and the few charges of a serious 
nature as mentioned above, are indicative of a high state of discipline and morale 
in the Permanent Force and Royal Canadian Air Force. 

Two court-martial demonstrations were held at the Royal Military College, 
and at Toronto, respectively. These demonstrations were intended to illustrate 
the various forms of evidence given at a court-martial dealing with a simple 
military offence. They show by way of example, evidence both of an admissible 
and inadmissible character, and illustrate in a practical manner the mistakes 
which are frequently made by courts-martial in dealing with evidence of the 
.latter nature. 

These court-martial demonstrations serve a useful purpose, as the instruc- 
tion in military law given through this medium is more clearly grasped by the 
officers attending than instruction given by means of lectures. It is hoped to 
hold a number of these demonstrations in the near future, as the results which 
have been obtained from the two already held indicate that instruction given 
in this manner is of considerable practical value. 

During the year under review a large number of matters were referred to 
the Judge Advocate-General for an opinion, and his office w^as also engaged in 
drafting or preparing the usual number of leases and agreements, reports to 
Privy Council, and amendments to various Naval, Military and Air Force Orders 
and Regulations. 

The normal volume of matters pertaining to the Militia Pension Act referred 
to the Judge Advocate-General was maintained, and he was also responsible 
for the preparation of the necessary material required for several cases which 
are the subject of litigation.
 

REPORT OF THE JUDGE ADVOCATE-GENERAL [at pp. 1203-1204 of 1388] 

COURTS- MARTIAL 

During the fiscal year ending March 31, 1928, 75 District Courts-Martial 
were convened and held, this being an increase of 23 over the preceding year. 
Of this number 68 courts were held for the trial of personnel of the Permanent 
Force and 7 for the trial of personnel of the Royal Canadian Air Force. 

Of the above number of courts-martial 51 dealt inter alia with offences of 
desertion and absence without leave, and convictions either of the offence of 
desertion or that of absence without leave resulted. In 8 instances the sentence 
awarded was that of imprisonment accompanied by that of discharge with 
ignominy, 7 of such sentences being commuted to detention, and one sentence oi 
imprisonment and discharge with ignominy being allowed to stand. 

Four persons, including one non-commissioned officer, were charged with 
the offences of offering violence, or using violent or insubordinate language to a 
superior officer, and a conviction resulted in each such case. Nine persons, 
including two non-commissioned officers, were charged with stealing or receiving 
stolen goods; seven of these cases resulted in convictions, and two in acquittals 
Four more persons were charged with this offence in the fiscal year under review 
than were so charged during tl^e fiscal year immediately preceding. 

During the year under review 11 non-commissioned officers were tried by 
court-martial for various offences, 10 of whom were found " guilty " of the 
charges laid, and 1 was acquitted. During the year under review there were 
two instances where the finding and sentence of the court-martial were not 
confirmed by the confirming authority upon advice from the Judge Advocate- 
General, and in two further instances the finding and sentence which had been 
confirmed was quashed upon the instructions of the Judge Advocate-General. 

It is of interest to note that in both the Permanent Force and Permanent 
Active Air Force only four cases of drunkenness were dealt with by district 
court-martial during the year. 

While the increase in the number of courts-martial held is almost 50 per 
cent over the number held during the preceding year, such increase is not neces- 
sarily a reflection on the state of discipline, but is rather indicative of more 
active measures being taken towards suppressing the commission of Military 
and Air Force offences, as the deterrent effect of a trial by district court- 
martial is greater than would be the case were such offences dealt with sum- 
marily by Commanding Officers. Further, in a number of instances the accused 
soldier or airman elected trial by court-martial rather than a summary dis- 
posal of the case by his Commanding Officer, which election would account in 
some measure for the increase in the number of courts-martial held. 

It is pleasing to note that the courts-martial held during the fiscal year 
under review indicate a substantial improvement on the part of all concerned 
in their knowledge of Military and Air Force law and the administration of the 
Army Act, the Air Force Act, and the Regulations thereunder. The number 
of errors and irregularities occurring in these proceedings was considerably less 
than the number which occurred in preceding years, and the results of the 
instructions and comments issued and made by the Judge Advocate-General's 
Office arc now becoming apparent. 

While there is still considerable room for improvement, nevertheless the 
situation during the past year, compared with that which prevailed in previous 
years, is noteworthy and should not be passed by without favourable comment 
being made thereon. 



LEGISLATION 

During the year under review the following Bills were drafted by* the Judge 
Advocate-General and the necessary information and memoranda pertaining 
thereto were prepared in his office: — 

(a) An Act respecting the Royal Military College. 

(b) An Act respecting certain Canteen Funds. 

(c) An Act amending the Militia Pension Act. 

The last mentioned Act made provision whereby the Militia Pension Act 
was made applicable, with certain modifications, to the Royal Canadian Navy 
and Permanent Active Air Force. This necessitated the preparation of a con- 
siderable number of explanatory memoranda. 

AIR SERVICES 

Consequent upon it being decided to reorganize the Air Services by way of 
creating a separate Directorate to administer all Civil Government Air Opera- 
tions, the Judge Advocate-General was required to advise on the procedure 
which should be adopted and to prepare the necessary instructions and memo- 
randa giving effect to the, policy decided upon. 

Further duties were added to this office in connection with the preparation 
of the Standard Conditions for Light Aeroplane Clubs and, in addition, the 
forms of agreements with such clubs were prepared in this office and the advice 
of the Judge Advocate-General has been sought on numerous matters in con- 
nection with the formation and administration of these organizations. 

CONTRACTS 

There has been a great increase in the number of contracts which have been 
referred to this office, either for preparation or for advice on various matters 
which have arisen in connection therewith. In addition certain new forms of 
contracts have been prepared which are now in use, or which will be adopted 
shortly. 

GENERAL 

There has been a considerable increase in the number of general matters 
of various descriptions referred to the office of the Judge Advocate-General for 
advice or action, as well as a large increase in the number of daily interviews. 

PENSIONS 

The Judge Advocate-General is a member of the Pensions and Claims 
Board, and practically all matters pertaining to the administration of the 
Militia Pension Act are referred to his office for advice. 

REPORT OF THE JUDGE ADVOCATE-GENERAL [at p. 1285 of 1464] 

REPORT OF THE JUDGE ADVOCATE-GENERAL 

Courts-Martial 

During the fiscal year ending March 31, 1929, fifty-seven District Courts- 
Martial were convened and held, this being a decrease of eighteen compared 
with the number of such courts held in the preceding year. Of these courts- 
martial fifty-five were for the trial of military personnel and two for the trial 
of personnel of the Royal Canadian Air Force. 

Thirty-five courts dealt with charges of desertion and in thirty-one of these 
a further charge of losing arms, clothing and equipment was laid. In one 
instance the finding and sentence of a court-martial, which had been confirmed, 
were quashed on the advice of the Judge Advocate-General, and in two other 
instances it was necessary to quash the conviction on one of several charges 
which had been laid. 

It is evident from a review of the proceedings of all courts-martial held 
during the last fiscal year, that there has been an endeavour on the part of all 
officers concerned to improve their knowledge of military law and court-martial 
procedure, and the number of errors and irregularities which occurred was 
neither very great, nor were they of a particularly serious nature. Neverthe- 
less, it is apparent that there should be established a more comprehensive 
method of instruction in military-law and court-martial procedure, together 
with improved facilities for the dissemmination of advice on technical point* 
connected therewith. 

Iegislation 

During the year under review the only legislation drafted by the Judge 
Advocate-General was a small Bill making certain amendments to the Militia 
Pension Act so as to provide for the computation of officers' pensions on the pay 
and allowances received during the three years immediately preceding retire- 
ment, and to enable pension payable to an officer who for not less than three 
years had been a member or associate member of the Defence Council, being 
computed on the pay and allowances received as such member or associate 
member, should the same be more beneficial to him. 

Orders 
The adoption of a new procedure relating to the issue of Orders and Regu- 
lations resulted in there being established an Orders Committee for each of the 
three services administered by the Department of National Defence, and the 
Judge Advocate-General was appointed chairman of each of these committees. 
Consequently, all General Orders and amendments to Regulations now pass 
through his office, thereby increasing to a considerable extent the duties with 
which that office is normally charged. 

Investigations and Courts of Inquiry 

The Judge Advocate-General carried out several investigations of an 
important nature and, in addition, was in attendance at a number of Courts of 
Inquiry. 

Pensions 

Consequent upon the amendments to the Militia Pension Act made at the 
last session of Parliament, a large number of cases had to be reviewed, thereby 
resulting in a temporary increase in the number of matters normally referred 
to the Judge Advocate-General. Practically all these cases have now been 
examined and dealt with. 

General 

The usual volume of references and requests for opinions was maintained, 
and there was a considerable increase in the number of daily interviews. 

Report of the Judge Advocate General for Fiscal Year finishing 31 March 1930


-----------
Page 1 of 1606                                            This report at pp. 1239- 1333 of 1606

REPORT OF THE JUDGE ADVOCATE-GENERAL [at p. 1319-1320 of 1606]



REPORT OF THE JUDGE ADVOCATE-GENERAL 


Courts- Martial 

During the fiscal year ending March 31, 1930, 50 district courts-martial 
were convened and held, this being a decrease of 7 compared with the number 
of such courts held in the preceding year; 47 of these courts-martial were for 
the trial of military personnel and 3 for the trial of personnel of the Royal Cana- 
dian Air Force. 

It is evident, from a review of the proceedings of courts-martial held dur- 
ing the last fiscal year, that considerable improvement is taking place in the 
knowledge of military law and court-martial procedure of officers performing 
court-martial duty, and this was reflected in the comparatively small number 
of observations it was necessary for the reviewing officer to make. Such errors 
and irregularities as did occur were not of a particularly serious nature and in 
no case did they invalidate the finding. In only one instance was it necessary 
for the Judge Advocate-General to advise that the finding and sentence of a 
court-martial, which had been confirmed, should be quashed. 

Legislation 

During the year under review the only legislation drafted by the Judge 
Advocate-General was a small Bill making certain amendments to the Militia 
Pension Act so as to remove an anomalous situation respecting the provision of 
pension for the widow of an officer who dies in the service, when such officer 
comes within that class of officers to which subsection (2) of section 4 of the 
Militia Pension Act relates. 

Investigations, Courts of Inquiry, Committees, etc. 

The Judge Advocate-General carried out several investigations of an 
important nature and was also in attendance at a number of Courts of Inquiry. 
In addition, his duties as Chairman of the respective Orders Committee of the 
three services encroached, to a considerable extent, upon the time available for 
the routine duties of his office. 

Instruction in Military Law 

During the year under review, a course of instruction in military law for 
officers of the Permanent Force was organized and carried out. The prepara- 
tion of the various sets of questions, precis and comments, together with the 
marking of completed papers, was all done in the office of the Judge Advocate- 
General, the course itself being administered by the General Staff, which branch 
has requested that a similar form of instruction be carried out during the com- 
ing year. 

General 

The volume of references and requests for opinions was in excess of the 
preceding year and the number of daily interviews showed a decided increase. 

The expansion of the Air Mail Service, necessitating the acquisition of 
beacon sites and intermediate landing fields, resulted in a considerable increase 
in the work of the office, due to the numerous contracts and agreements which 
w^re required, many of them being of a novel type for which no precedents 
existed. 


The development of new ideas in the field of aeronautics very frequently 
necessitated a revision of contracts for the construction of aircraft whilst such 
construction was in progress, so as to enable the department to obtain the 
full advantage of such development. This necessitated extreme care being taken 
so as to ensure that while the department was being fully protected, the several 
manufacturers were not subjected to conditions impossible of fulfilment. 

During the year there were made by the Governor General in Council 
two references pertaining to the regulation of aerial navigation, and the 
liability of a province to reimburse His Majesty, in the right of the Dominion, 
for expenditure occasioned through the furnishing of troops in aid of the civil 
power upon a requisition from the Attorney-General of the province concerned. 
With respect to both these references, considerable data and preliminary infor- 
mation was requested of, and furnished by, the Judge Advocate-General. 

Due to the increase in the volume of work which the office is required to 
perform, a departmental solicitor was appointed by the Civil Service Com- 
mission, this being a civilian appointment. The departmental solicitor assists 
the Judge Advocate-General and acts for him in his absence.

.  Photo of a Court martial (training purposes)



For more information, see:  http://collectionscanada.gc.ca/pam_archives/index.php?fuseaction
=genitem.displayItem&lang=eng&rec_nbr=3299294&rec_nbr_list=4507286,4507283,451215
0,4507377,3299294,4512425,4507800 (accessed 18 December 2015)


(posted 18 December 2015)

  "This is the story of a ship and her company, a Tribal Class Destroyer of the Royal Canadian
Navy which, like her sisters, is a symbol of our times.

    During her commission she ranged from the gloomy wastes of the Arctic seas to the shores
of Hitler-held Europe.  Her guns blazed in many a fierce and spirited action as she played part
in the drama of these crucial days.

    It is a book without names because to mention one would be to mention all.  They, the living
and the dead, prefer so.  Her company, drawn from every province in this Dominion, were
common men, with little to their name.  They served were one is always close to reality, in the
ships which stand between us and our enemies" (Author's Note, p. xi)

Photos of Cattroll Photo Associates available at http://www.cattroll.com/CLIENTS-PHOTOS/2015UofO/

(posted 22 November 2015)

Image source: http://ottawacitizen.com/news/local-news/ottawa-judge-lise-maisonneuve-named-chief-justice-of
Lise Maisonneuve                                                                  -ontario, accessed 16 November 2015
.Chief Justice Lise Maisonneuve has a solid experience in military law

She was also a member of the Oversight Working Group for the Department of National Defence;
Advisor to the Military Police and Investigative Services Reorganization Steering Committee and
to the Military Police Services Review Group; Advisor to the Minister of National Defence’s
Committee on Change in the Department of National Defence and Special Legal Advisor to the
late Chief Justice of Canada Brian Dickson on various military investigations.
(see commonlaw.uottawa.ca/en/alumni/common-law-honour-society/announcing-2015-common-law-honour-society-inductees),
accessed 16 November 2015)

Testimony on Bill C-25, an Act to amend the National Defence Act and to make consequential amendments to other Acts before the Standing Senate Committee on Legal and Constitutional Affairs, Issue 39, 29 October 1998, see minutes and evidence; 


(posted 16 November 2015; amended 13 January 2016)




.  Image source: http://pm.gc.ca/fra/ministre/lhonorable-catherine-mckenna, accessed 7 November 2015
      Catherine McKenna

. Image source: https://fr.wikipedia.org/wiki/Louis-Joseph_Papineau, accessed 2 November 2015
Louis-Joseph Papineau painted by
Théophile Hamel

Did you know that a famous French Canadian lawyer and politician -- Louis Joseph Papineau -- was a member of the JAG militia in 1812?

ME [Michael Emon]: Louis-Joseph Papineau, many people know, was the moderate rebel leader in the rebellions of Lower Canada in 1837. He was the long-standing speaker of the assembly in Lower Canada, he was a lawyer, and in 1834 he helped draft the 92 resolutions that started, that tried to start, the dialogue of change in Quebec and Quebec politics. So a lot of people say “Why is he in a War of 1812 exhibition?”

AA [Angèle Alain]: Right, I was just going to ask that actually.

ME: And the thing is that the War of 1812 shaped many people, and of course Louis-Joseph Papineau was alive at the time and he was a part of the Canadian militia at the time. And of course the war, the conflict they had against the United States, shaped many people’s ideologies and mindsets, and also helped shape Louis-Joseph Papineau. And it also shows how long the war left an indelible mark on the political structure on Upper and Lower Canada. In fact, issues of a more republican and perhaps a different style of government couldn’t even be mentioned in polite company in the first decades after the war because there was so much anti-American sentiment. So people like Louis-Joseph Papineau had to take a more moderate path. And of course we know others who took a more radical path in the rebellion, but part of Louis-Joseph Papineau’s moderation came from this experience, where he was in fact part of the government and part of the militia.

AA: Did Papineau participate in the War of 1812?

ME: He was a captain, but he was part of the judge advocate general’s office. So he served in the function as a lawyer dealing with legal matters that would come up during the war.

(http://www.bac-lac.gc.ca/eng/news/podcasts/Pages/faces-of-1812.aspx, accessed 2 November 2015)

In late July, Canada's top military officer unveiled a hard-hitting plan to crack down on sexual misconduct
in the ranks [called Operation Honour] ...

Some recruits at the Royal Military College, as well as other Canadian Forces personnel including
individuals at National Defence Headquarters in Ottawa, dubbed Op Honour as "Hop On Her" --
a play on words suggesting sexual aggression or even assault.

.  Image source: amazon.com--- Image source: en.wikipedia.com
Dust jacket of Arthur Herman's book                       Voltaire by Jean-Antoine Houdon, 1778
 
  General Deterrence and Voltaire!

Then, after hanging a wretched galleon captain convicted of quitting his post and parading his body
through the fleet as an example -- "to encourage the others," as Voltaire would say of a similar
execution of a British Admiral [John Byng] one hundred and fifty years later -- the armada set off
into the seas only a handful of its ships' pilots had ever seen." (p. 128)

. Un nouveau livre par monsieur Gilles Létourneau, une autobiographie!




Date de publication :  fin octobre ou début Novembre 2015

Chez Wilson & Lafleur

Les pages 87-115 traitent de  "

. The perpetual problem of transparency in the military


Doug Young, Minister of National Defence, 14 January
1997; this cartoon is part of the

The clause by clause analysis in the French and English languages of Bill C-71, An Act to amend the National
Defence  and the Criminal Code, introduced and read a first time in the House of Commons on 15 June 2015.  Bill
C-71 died on the order paper when Parliament was dissolved on 2 August 2015. 

In his dispatch announcing the outcome of the battle at Quebec [Plains of Abraham, 1759], which he had prepared as commander of the forces after Wolfe's death
and Brigadier-General Monckton's wounding, he [Townshend] considered the death of a career soldier such as Wolfe to be worth only a mention
in passing.  Had Monckton also been dead, as was erroneously reported in the newspapers, Townshend, who disliked Wolfe, might well have attempted to
usurp all the laurels of victory.
......
In spite of George Townshend's efforts to present himself as an admirer, his disdain of General Wolfe is clear in eight satirical drawings, now in the
McCord Museum, Montreal, which he presumably did at Quebec before Wolfe's death.  He sensibly kept these records private. ... In another drawing
Townshend pictured what he considered to be Wolfe's unnecessarily draconian measures against French civilians, with a caption in which the general says
(in French so the Canadians can understand), "My orders are firm.  For each man caught, a bullet -- for each woman -- two" (pp. 22-23; footnotes omitted,
see text)

   

YOU AND YOUR LAWYERS

You will be fortunate to have one or more lawyers deployed as part of your
team. These talented Assistant Judge Advocate Generals (AJAG) are
provided by the JAG, and represent a source of invaluable advice on a wide
variety of issues. You must be aware, however, of a number of significant
special factors that influence them, and their relationship with you.

First, you will require these lawyers to deal with a huge spectrum of
issues. These will range from disciplinary issues with your troops, local
contracting issues, interaction with local national courts, real estate leases,
LAOC, ROE, your orders, and a plethora of other issues. How can anyone
be so competent you ask? The answer is that they cannot be, thus the first
justification for the unique command relationship that exists for your
AJAGs alone. They are the only individuals that will be present in your
command that are not under your direct command. They are responsive
to you, but remain under the direct command of JAG. This allows them
the right to directly communicate with the JAG and the large and diverse
legal organization back home. This affords you the benefit of the very best
of possible legal advice

The next point is somewhat more subtle. As the commander on a
deployment, you will be given the most authority that can ever be
bestowed upon an individual. You are literally given the power to decide
life and death, and all lesser things. This is an exhilarating and
frightening proposition, one that brings with it the greatest of satisfactions
as the mission progresses. As we have learned through past events, this
absolute power has led to abuses when the talents of the commander were
less than that required for the situation. While all subordinate officers
have the ethical responsibility to act in the face of wrongdoing, this is a
particularly demanding challenge in a combat environment. Most of us
have read of several famous cases, such as the “Mutiny on the Bounty”
where subordinate officers have faced the supreme challenge of taking
action in the face of commanders that were failing. This is a demanding
act that is rendered doubly difficult in view of the chain of command
relationship, and the necessary respect for authority that is ingrained in us
all from the first day of basic training. By placing the AJAG outside the
chain of command, at least one individual is placed in a position from
which it would be somewhat easier to act in the face of wrongdoing. The
AJAG acts as a safety measure, to guard against a commander overstepping
his authorities. This is a right and necessary thing.

You will need to be aware that AJAGs are not trained in the art of military
command to any significant extent. While they are consummate experts in
a number of areas of law, and in their relationship with JAG and his staff,
their military training may range from a reasonable amount to a relative
light dusting. They will provide you with high quality legal advice; their
responsibilities do not include the provision of military advice, whether
concerning the conduct of your campaign or leadership in general. Be
cognizant of this, and be prepared to assist your AJAG in understanding
the scope and limits on their responsibilities.

Finally, and most importantly, you must be absolutely clear as to your
relative roles, responsibilities, and accountabilities. Your AJAG is
responsible to provide you with legal advice. He or she is absolutely
accountable for the quality of the advice provided, and can have their
professional accreditation revoked for poor advice. As the commander,
you are absolutely accountable for your decisions. In a proper
relationship, you will be provided advice, couched in terms such as “it is
not advised that”, or “I recommend that”. Should you hear “you can’t”,
“you must” then you may be straying from the appropriate relationship.
You must not look to your AJAGs for decisions. [pp. 104-105]

......

[Note on Brigadier-General D.A. Davies]

Brigadier-General D.A. Davies is an experienced fighter pilot and leader
who has flown the CF-5, F-16 and CF-18 aircraft. He commanded
425 Tactical Fighter Squadron, 3 Wing Bagotville, and Task Force Aviano
during the first seven weeks of the ALLIED FORCE bombing campaign.
His extensive staff experience includes NORAD HQ, USSPACECOM HQ,
AIRCOM HQ, 1 Cdn Air Division, as well as NDHQ. He recently led the
team that stood up CEFCOM, where he is currently serving as the Deputy
Commander. [p. 271]

     Fraser also had the eight individual coalition countries involved in the south, with their various national caveats or
restrictions on how their troops could or could not be deployed.  And most remarkably, he also had two Canadian
military lawyers -- Randy Smith, who advised him on Canadian law and national policy, and Bruce Wakeman, who
advised him on the international laws of armed conflict -- hovering at his shoulder at all times, even in mid-battle.

    As Fraser says, "Oh fuck, oh yes, absolutely, Military lawyers.  All they do is, whatever we're doing, they know the
law and they won't say you can't do it, they say, 'Here's the law, here's where you stand vis-à-vis the law.'...And I had two
of them arguing with each other, because I had two hats on my head, the multinational hat and a national hat."  (p. 255)
available at https://books.google.ca/books?id=DGENKHE11U8C&printsec=frontcover&dq=intitle:fifteen+intitle:days
&hl=en&sa=X&redir_esc=y#v=onepage&q&f=false, accessed 28 August 2015

Plusieurs fois, durant le siège [de Louisbourg], il y eut des échanges de courtoisie entre les deux chefs ennemis.  Le chevalier de Drucour [commandant de Louisbourg] fit un jour cesser le
feu et déployer le drapeau parlementaire sur les remparts.   Le général Amherst, de son côté, fit suspendre la canonnade et vit venir un officier français qui lui remit une lettre dans laquelle
le gouverneur, après les compliments d'usage, lui disait qu'il y avait dans Louisbourg un chirurgien d'une rare habileté, dont les services étaient à la disposition de tout officier anglais qui le
demanderait.  En retour, Amherst lui envoya des lettres et des messages pour les parents et les amis de quelques officiers prisonniers dans son camp; il y joignit ses compliments pour Mme
de Drucour, en lui exprimant son regret de la voir exposée aux horreurs d'un siège, et en accompagnant sa lettre d'un superbe cadeau d'ananas, récemment apportés des Antilles.   Mme de
Drucour s'empressa de reconnaître cette politesse par l'envoi d'un panier de champagne. Une heure après ces échanges d'amitiés, le canon grondait tout le long des deux lignes ennemies, qui
échangeaient des boulets et des bombes.  (p. 193)

......

Le capilaine Ochterlony [prisonnier anglais détenu par l'armée française] fut entouré de soins si délicats par les religieuses de l'hôpital général [à Québec], qu'il en fut touché jusqu'aux larmes.
Il l'écrivit au général Wolle, qui manifesta sa vive reconnaissance et fit savoir aux soeurs hospitalières que, s'il s'emparait de leur monastère, elles pouvaient être assurées de sa protection.
Son message, adressé à Vaudreuil, renfermait une somme de vingt livres sterling, qu'il priait de remettre au soldat de Guyenne qui avait empêché le capitaine d'être scalpé. Vaudreuil
renvoya cette somme et répondit avec politesse et fierté que le soldat n'avait fait qu'obéir à son devoir et aux ordres des commandants. (p. 275)

Office of the Department of National Defence and Canadian Forces Legal Advisor /Cabinet du Conseiller Juridique du Ministère de la défense Nationale et des forces Canadiennes

- Department of National Defence and Canadian Forces Legal Advisor / Conseiller Juridique du Ministère de la défense Nationale et des forces Canadiennes

- DND/CF LA Business Management & Comptrollership (BMC) / CJ MDN/FC Gestion des affaires et contrôleur (GAC)
- DND/CF LA Deputy Legal Advisor and General Counsel - LLAS / CJ MDN/FC Conseiller juridique adjoint et avocat général - SCSC
- DND/CF LA Health Services Legal Advisory / CJ MDN/FC Consultation juridique - Services de santé
- DND/CF LA Informatic Section / CJ MDN/FC Section de l'informatique
- DND/CF LA Legislative and Regulatory Services / CJ MDN/FC Services législatifs et de réglementation
- DND CF/LA National Security Law / CJ MDN/FC Droit de la sécurité nationale
- DND/CF LA Claims and Civil Litigation (CCL) / CJ MDN/FC Réclamations et contentieux des affaires civiles (RCAC)
- DND/CF LA Materiel, Environment and Real Property (MERP) / CJ MDN/FC Droit de matériel, de l'environnement et de l'immobilier (DMEI)
- DND/CF LA Public and Labour Law / CJ MDN/FC Droit public et du travail
- DND/CF LA Legal Advisory Services / CJ MDN/FC Services de consultation juridique

"Clarification 01/09/2015
Seeking the last up to date work description and merit criteria for all LP levels and positions to the Department of National Defence and the Canadian Forces.

From the staffing file documentation, the latest work description and statement of merit for the position of legal Advisor to the Department of national Defence
and the canadian Forces."

In reviewing the Board of Inquiry transcript, the approach taken by the panel in regard to the interrogation of the cadets was extremely formal. The Assistant Judge Advocate General at Valcartier who reviewed the Board of Inquiry report in 1974 indicated that  “(…) it is unfortunate that the committee has asked so many leading questions to almost all of the witnesses. This makes it difficult to assess the testimony of Cadets especially” [translation].^[15] He further disagreed with the use of the term “minor negligence” in the conclusions of the Board of Inquiry. His assessment was that the actions of the Canadian Forces ammunition expert could result in charges under the National Defence Act. (source: http://www.ombudsman.forces.gc.ca/en/ombudsman-reports-stats-investigations-valcartier/valcartier-report.page, accessed 4 August 2015).

FOWLER, Roy G. and Baker Mike, lecturers, "Royal Military College of Canada, Department of Political and Economic Science POE 488A--Law of Armed Conflict, Winter 2013-14 Syllabus", version: 12 Jan 2015, 9 pages; available at http://www.lareau-legal.ca/A-2015-00669.pdf;

OFFICE OF THE JUDGE ADVOCATE GENERAL, Report on the Law of Armed Conflict Survey: The Development of a Training and Education Strategy, Ottawa: Office of the Judge Advocate General, May 1998, 55 p.; obtained by François Lareau, Access to Information Act Request, file A-2015-00565, 19 June 2015; - see pp. 1-55

Thank you for that question. I was confused about the question and the response. If you're talking about the annual reports that I'm responsible for as Judge Advocate General, they are not with the minister. Those are my reports. They are still being worked on. They're close to completion. I take full responsibility for not meeting the timeline as set out to do so on an annual basis. I can go into great detail as to the reasons why. The short answer is that there were many other equal military justice priorities, not the least of which you're familiar with, Mr. Harris, dealing with legislation such as Bill C-15. [http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=6620352&Language=E&Mode=1&Parl=41&Ses=2]

.
     "A Contemporary diagram showing one possible manner of securing a soldier to a
     fixed object for the administration of Field Punishment No. 1. (Source: Unknown)", source of text and image: http://regimentalrogue.com/misc/researching_first_world_war_soldiers_part16.htm, accessed 21 June 2015

. On 15 June 2015, the Harper Government tabled in the House of Commons, Bill C-71, Victims Rights in the Military Justice System Act (short title).

Image source: http://gallica.bnf.fr/ark:/12148/btv1b6953905b.r=%22cour+martiale+assemblee+pour+juger+un+deserteur%22.langEN


Cour martiale assemblée pour juger un déserteur de la grande armée, estampe par le caricaturiste anglais George Cruikshank, 1792-1878
voir http://gallica.bnf.fr/Search?ArianeWireIndex=index&p=1&lang=EN&q=%22cour+martiale+assemblee+pour+juger+un+deserteur%22&x=0&y=0

(mis en ligne, le 6 juin 2015)


.
 Did you know that the Judge Advocate General is a

. 
  Result of search name: "Judge Advocate General" at Library and Archives Canada -- http://www.collectionscanada.gc.ca/lac-bac/results/arch?form=arch_adv&lang=eng&FormName=MIKAN+Advanced+Search&PageNum=1&SortSpec=score+desc&HighLightFields=title%2Cname&Language=eng&QueryParser=lac_mikan&Sources=mikan&Archives=&ShowForm=show&SearchIn_1=names&SearchInText_1=%22judge+advocate+general%22&Operator_1=AND&SearchIn_2=&SearchInText_2=&Operator_2=AND&SearchIn_3=&SearchInText_3=&Media=&Level=&MaterialDateOperator=after&MaterialDate=&DigitalImages=&Source=&cainInd=&ResultCount=10

.   
    

"The armed forces are not about to turn into the feminist oriented nirvana that Deschamps naïvely
seems to be calling for. That will not happen. Nor should it. The Canadian Forces will remain a
male-dominated organization that will need to put in place its own solutions, something it should
have done long ago."
MARTIN, Fraser, "Opinion: Dealing — or not dealing — with sexual assault in the Canadian Armed Forces", Montreal Gazette,
 12 May 2015; available at http://montrealgazette.com/opinion/columnists/opinion-dealing-or-not-dealing-with-sexual-assault-in-the-canadian-armed-forces

Cartoon reproduced from Bing Coughlin, 1912-1991, WW II Cartoons: Herbie Wuz Here!: A collection of
WW II Canadian Military Cartoons 1944-1946, Almonte (Ontario): Algrove Publishing Classic Reprint Series,
2008, viii, 188 p., at p. 116, ISBN: 978-1-897030-67-7.


(posted 18 May and amended 1 September 2015)

Source of Image: http://www.journal.forces.gc.ca/vo9/no3/06-bercuson-fra.asp

October 2013 - Recording and broadcasting of hearings at the Supreme Court of Canada

Litigants and counsel are notified that public proceedings at the Supreme Court of Canada are digitally recorded for the purpose of broadcast on television by Cable Public Affairs Channel (CPAC) and may be used in part by other networks for broadcast purposes. The proceedings may also be webcast live by the Supreme Court of Canada and CPAC and an archive copy of the webcast may be kept on the Supreme Court of Canada and CPAC websites. Please note also that all seats in the courtroom may appear on camera.

For further information, please contact Julie Laverty, Manager, Registry Branch, at 613-996-7810.

Roger Bilodeau, Q.C.
Registrar

October 2013 (source: http://www.scc-csc.gc.ca/ar-lr/notices-avis/13-10-eng.aspx, accessed 6 May 2015)

- Il n'a pas cessé de protester de son innocence.
- Eh bien!  Vous connaissez le règlement; il réclamera une fois
  la punition faite.
 

. La vie dans les prisons militaires :

  ---------------------------------
Scènes dans la prison militaire de Québec.  -- Les prisoniers                                                 

Chief of the Defence Staff Message to Members on the External Review of Sexual Misconduct in the Canadian Armed Forces

Article / March 30, 2015

As you know, in April 2014, I ordered an independent external review to look into sexual misconduct and sexual harassment in the Canadian Armed Forces following a number of media reports on the subject and a subsequent Internal Review. I asked Madame Marie Deschamps, a former Supreme Court of Canada Justice, to conduct this independent external review, which she began in June 2014.

I received the English version of Mme Deschamps’ final report late last Friday. This is an important development and I would like to thank her for her insight and rigour in helping us understand the significance of inappropriate sexual behaviour in the CAF. During her review, she met with hundreds of CAF members and stakeholders across the country. Her perspective is invaluable in providing me with a clearer appreciation of the problem and what we, as an institution, must do to address it. 

You will remember that on February 25, 2015, I directed the establishment of the CAF Strategic Response Team on Sexual Misconduct. This team, led by Major-General Chris Whitecross and supported by Chief Warrant Officer Helen Wheeler, will conduct a detailed review of the report and develop an action plan to address its recommendations. As I committed from the outset of this initiative, you will continue to be informed as we progress. Specifically, I will publicly announce the action plan and make the full report available to all CAF members once a comprehensive review of the report is complete.
..... (source: http://www.forces.gc.ca/en/news/article.page?doc=chief-of-the-defence-staff-message-to-members-on-the-external-review-of-sexual-misconduct-in-the-canadian-armed-forces/i7kv5fnr, accessed on 5 April 2015)

"At the start of every session of Parliament, the Law Clerk and Parliamentary Counsel of the House of Commons is required, under Standing Order 153 of the Standing Orders of the House of Commons, to prepare the List of Reports and Returns:

153. [List of documents to be tabled.] At the commencement of every session of Parliament, the Law Clerk of the House shall make available to each Member, in printed or electronic form, a list of the reports or other periodical statements which it is the duty of any officer or department of the government, or any bank or other corporate body to make to the House, referring to the Act or resolution, and page of the volume of the laws or Journals wherein the same may be ordered; and placing under the name of each officer or corporation a list of reports or returns required to be made, and the time when the report or periodical statements may be expected." (source: http://www.parl.gc.ca/SmartWeb/LdRE/Document.aspx?Language=E&sbdid=B95EFA25-F20E-42A1-9884-81A502B29377&sbpid=5AEE16CE-E8A8-4B63-AF81-2E2CE56FC9A6, accessed 4 April 2015)

Higher justice: the JAG's indifference to his legal obligations  [by Gilles Létouneau]

In theory and principle, nobody is above the law in Canada. However in fact and in practice the reality is quite different at least for certain individuals. Consider this.

The Canadian Judge-Advocate General (JAG), Major-General Blaise Cathcart, failed to comply with his statutory obligation to file with Parliament and the Senate
through the Minister of National Defence an annual report on his administration of military justice: see ss.9.3(2) of the National Defence Act (NDA). Not only did he
fail to comply with his obligation in 2012, he reoffended in 2013 and 2014.

His failure was brought to light by a House of Commons’ member before a committee of Parliament. The JAG’s answer before the Standing Committee on National
Defence, where he was appearing with the Chief of the Defence Staff on the issue of sexual offences, was that such reporting was not his first priority over that
three-year span. In other words, complying with the law was not his main priority. ...
....


As expected there were isolated outcries but not much more. A few TV appearances to denounce the failure, but nothing ensued. Not long thereafter it was business
as usual. No charges for the statutory violations of the Act were laid. No administrative sanctions whatsoever were taken against the JAG for blatantly failing to meet
his statutory obligations towards the Minister and Parliament.

Recently, Global Television News channel, with indubitable evidence to support its allegations, reported that the JAG stealthily wrote to the late Chief Justice of the
Court Martial Appeal Court of Canada to complain about a judge’s description of the state of military law in Canada. The JAG’S allegations were that the appellate
judge might not be impartial if he were still assigned to sit on military cases. He also threatened to lay a complaint against the judge before the Judicial Council. The
JAG’s covert letter could be seen either as an attempt to interfere with the administration of justice or a threat to bring into the limelight the impugned judge, the
Court Martial Appeal Court and the Chief Justice.

However the allegations were not only wrong and exaggerated but were also based on erroneous, incomplete and manipulated facts. Moreover the procedure followed
by the JAG was highly improper as the Chief Justice pointed out to him in his reply to his letter. If the JAG had reasons to believe that the judge might not be impartial,
he needed to raise it in open court by way of a motion to challenge.

[read the rest at http://globalmjreform.blogspot.ca/2015/04/higher-justice-jags-indifference-to-his.html?utm_source=feedburner&utm_medium=email&utm_campaign=
Feed:+GlobalMilitaryJusticeReform+%28Global+Military+Justice+Reform%29]

-----------

IS THE JAG UNGOVERNABLE [by Michel Drapeau]
Occupying the most senior position in the administration of military justice in Canada and entrusted with the administration of military law and the dispension of both criminal and administrative justice within the military establishment, more than anyone else, Major General Cathcart understands the law and his corresponding onerous duty to do nothing that either destroy or weaken public confidence in legal institutions or authorities by inappropriate or impermissible actions. He also plays a leading role and influence in the day-to-day military decision-making, including those made by the Director of Military Prosecutions and Director of Defence Counsel Services over which he exercises day-to-day supervision and career management stewardship. I am therefore deeply troubled by these transgressions committed by someone who not only holds such unparalled power over the course of the Canadian military justice system but who first and foremost holds a commission from Her Majesty the Queen by which she reposed in him special trust and confidence in his Loyalty, Courage, Honour and Good Conduct.

In the meanwhile, I have written separately to both the Chief of the Defence Staff, General Thomas Lawson, and the Minister of National Defence, the Honorable Jason Kenney, P.C., M.P. noting that given such transgressions, I cannot see how Major-General Catchart can possibly continue as the Judge Advocate General.

[read the rest at http://globalmjreform.blogspot.ca/2015/04/higher-justice-jags-indifference-to-his.html?utm_source=feedburner&utm_medium=email&utm_campaign=
Feed:+GlobalMilitaryJusticeReform+%28Global+Military+Justice+Reform%29]

.

"En Nouvelle-France, il [le brigadier général George Townshend] s'amuse à caricaturer son supérieur,
Wolfe, qu'il déteste.  Il fait circuler ses caricatures parmi les officiers.  Wolfe qui a une santé chancelante
est toujours reproduit le mouchoir à la main.  Ses caricatures sont conservées au Musée McCord de
Montréal.  Une série en particulier tourne en dérision la manie de Wolfe de vérifier la propreté des
latrines durant le siège de Québec, et on voit le général penché sur les sièges d'aisance prononcer à l'aide
d'une bulle dans un excellent français: « Évidemment, les espions puants sont ici!!  Plus de trahison!  Et
puis, une dame! ».  En fait, le général commandait que de nouvelles toilettes soient creusées tous les trois
jours, craignant toujours que des espions n'investissent son camp!"
(Source: Aird, Robert, 1975-, Mira Falardeau, 1948-, Histoire de la caricature au Québec, Montréal: VLB, 2009,
248 p. , à la p. 11: ill.; 23 cm. Collection: études québécoises; 87.  NOTES: Comprend des réf. bibliogr.: p. [247]-
248. ISBN: 9782896490189).

----

"The tides of war in 1758 brought Townshend up the St. Lawrence River to Quebec where he became the first
cartoonist in what eventually would be known as Canada.  General James Wolfe, the leader of the expedition,
was younger than Townshend and, in Townshend's opinion, his inferior in every other respect.  Soon after they
arrived before the walls of Quebec, Townshend was circulating caricatures of Wolfe among his fellow officers.

During the seige of Quebec before the decisive battle on the Plains of Abraham, General Wolfe was meticilous
about sanitation in the British camps, ordering new toilets to be dug every three days.  Townshend drew cartoons
about his commanding officer and the latrines.

'If we live,' threatened Wolfe, according to the later recollections of one of his other officers, 'this will be inquired into.'

Townshend replied by criticizing Wolfe's tactics and threatening to bring him before a Parliamentary inquiry when
they returned home.  It wasn't necessary.  The General died on the field of battle, mercifully spared the sight of
Townshend accepting the surrender of the French forces."
(Source: Desbarats, Peter and Terry Mosher, The Hecklers: A History of Canadian Political Cartooning and a Cartoonists'
History of Canada, Toronto: McCelland and Stewart and National Film Board of Canada, 1979, 256 p., at pp. 21-22:
 ill. ; 23 x 27 cm, ISBN: 0771026862).

"Jerry Pitzul, Speaking Notes, Advisory Committee on Defence, 3 February 1997, Halifax" (emphasis added in bold).   I got a copy of this six page document from one the Appellant' book of authorities -- click here to read the document.    In my opinion, this statement about the "former JAG" is not 100% accurate.

Lieutenant-Colonel Jerry Pitzul, the "former JAG", retired from the Canadian Forces (CF) in 1995.  He was then appointed Director for Public Prosecutions for the province of Nova Scotia in 1995 and held that position when the document was written and faxed in 1997.  In 1998, he reenrolled in the CF and was appointed Judge Advocate General, effective 14 April 1998.

When Mr. Pitzul wrote this opinion in 1997, he was a civilian, he was not the JAG nor had he been the JAG;  however, he did subsequently reenrolled in the military and became the JAG.  I just felt obliged to clarify this important point. 

(posted on 9 January 2015; amended 12 January 2015; and substantially corrected on 10 July 2015)

"Félix Vallotton (1865-1925) was born in Lausanne, which is now home to the Fondation Félix Vallotton.
He moved to Paris in 1882 to study under Jules Joseph Lefebvre and Gustave Boulanger at the Académie Julian.
In 1891 Félix Vallotton made his first woodcut, an art to which he devoted much of his time for the next decade,
inspired by the Japanese ukiyo-e prints that were such a formative influence on the Impressionists, post-Impressionists,
and Symbolists. Also in the 1890s Vallotton was a key member of the post-Impressionist alliance known as Les Nabis;
he was particularly close to Édouard Vuillard, Pierre Bonnard, and Maurice Denis. As a printmaker, Félix Vallotton is
best-known for his woodcuts, but he also produced some powerful lithographs, in particular the 23 original colour
lithographs that comprise the 1902 Crimes et Châtiments issue of the anarchist satirical journal  L'Assiette au Beurre,
protesting oppression by all forms of authority: the state, church, bosses, parents, sexual predators, and especially the
police."  (image source: , accessed on 23 December 2014)
------
"Il suffit de mentionner le Paris des années 1890 pour évoquer une grande ville bouillonnante de vie, agitée d'une
extraordinaire variété d'idées et d'engouements de toutes sortes.  Les arts y étaient en pleine effervescence, les injustices
sociales et les abus politiques dénoncés, tandis que de nouveaux idéaux commençaient à se faire jour.  Le jeune peintre-
graveur Félix Vallotton a témoigné des évènements et des idées de cette période dans ses illustrations pour de nombreux
journaux parus, pour la plupart, à Paris entre 1893 et 1903.  Aujourd'hui, ces oeuvres font revivre cette époque avec ses
occupations banales, ses amusements, les problèmes de la vie quotidienne, mais aussi les secousses de la vie politique,
et les démêlés avec la police et les tribunaux.  Comme toujours chez Vallotton, la condition des hommes est décrite avec
humour et lucidité." (source: Vallotton, Félix, 1865-1925, Georges Herscher, Vallotton, dessinateur de presse / introduction,
Ashley St-James; légendes, André Berelowitch; choix des documents, Georges Herscher, Paris : Chêne, 1979, [92] p.: ill.;
30 cm.  ISBN: 2851082248)