Canadian Military Law -- Part II
Bibliography M to R /

Droit militaire canadien -- Partie II
Bibliographie M à R

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Other sites on Canadian military law

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

Part I  --  Canadian Military Law -- Miscellaneous

- Blog

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

-  Governments Bills 1999-2012 on National Defence Ac

- Current Affairs -- Sexual Misconduct

- Court Martial Comprehensive Review 2016-2017

- JAG & DND Web Sites

- Laws, Regulations and Orders

- Superseded Legislation

- Web Sites of Interest

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Starting here:

Bibliography M to R  /
Bibliographie M à R

[ reasons for sentence, 7 October 2014, available at Miller D.L. (Lieutenant-Colonel), R. v., 2014 CM 2018 (CanLII), http://canlii.ca/t/gf0q3]

[reasons for sentence, previous court martial, 22 October 2012, available at Miller D.L. (Lieutenant-Colonel), R. v., 2012 CM 2014 (CanLII), <http://canlii.ca/t/fw2lj>]

OTTAWA—Canada’s top soldier is issuing the first-ever guidelines for Canadian military personnel on how to deal with child soldiers in advance of deployment to Africa, the Star has learned.
.....
Called the CAF Child Soldiers Doctrine, it is not country-specific but will provide overarching principles to military personnel, no matter what the mission or mandate.
....
The military’s guidelines will make clear that all Canadian Armed Forces personnel have a legal duty to report any such violations, and it recognizes that the issue of child soldiers “needs to be better addressed within Canadian Forces doctrine.”

Eight senior lawyers who are security-cleared to challenge classified evidence in closed-court terrorism cases have added their voices to a chorus
calling for changes to the government’s anti-terror bill.
......
The eight lawyers have first-hand knowledge of CSIS’ activities in national security cases; all are “special advocates” on a roster approved by the
federal justice department, and are appointed by Canadian courts to ensure top secret evidence is properly tested when Ottawa seeks to deport terror suspects.
......
The submission was made on behalf of lawyers Gordon Cameron, Paul Cavalluzzo, Paul Copeland, Denis Couture, François Dadour, Anil Kapoor,
John Norris and Lorne Waldman. The Conservative-dominated committee denied their request to testify.

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The prosecution at the Kurt Meyer trial in 1945:
from the left: Lt-Col. Clarence S. Campbell (later NHL president), assistant-prosecutor,  LCol. Bruce J.S. Macdonald, prosecutor
and L.Col. Dalton G. Dean, legal officer from JAG assisting the prosecution


Image source: ww2gravestone.com/people/meyer-kurt-adolph-wilhelm-panzermeyer/, accessed 6 June 2018
Members of the tribunal at the Meyer's trial


MacDONALD, B.J.S. (Bruce John Stuart), 1902-86,  The Trial of Kurt Meyer, Toronto: Clarke, Irwin & Company Limited, 1954, 216 p. : ill. ; 22 cm.; copy at Ottawa University: KK 73.5 .M475 M317 1954. off campus Storage, Annex; prosecutor at the Kurt Meyer's trial in 1945; not a member of the OJAG but assisted by JAG officers; ****

[research note by François Lareau:

 to read about LCol Bruce MacDonald / pour lire sur le LCol Bruce MacDonald:


- LCol. Bruce MacDonald was the prosecutor in the court martial of Brigadier General J.F.A. Lister, see BOSS, William, "Restrict Crown in Examination of Gen. Simonds", Globe and Mail, 1946/05/10, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5081808 (accessed on 5 June 2019);


------
Bruce MacDonald                             Cartoon of Bruce MacDonald by Charlie Knight

\- MacDonald, Bruce, The MacDonald Papers, web site by the London Public Library, see http://projects.windsorpubliclibrary.com/digi/macdonald/default.asp (accessed 27 October 2018);

n August 1944 he served as the Canadian Member of Supreme Headquarters Allied Expeditionary Force

- McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office of the Judge Advocate General, c2002, at pages 49 and 63-65 available at   pp. i-xii and 1-102;

- McDONALD, R. Arthur, Les avocats militaires du Canada, Ottawa : Cabinet du Juge-avocat général, c2002, aux pp. 56 et 71-73  à  pp. i-x et 1-116];


- on Bruce McDonald, see:

Brode Patrick, image source: osgoodesociety.ca/Author%20_Biographies/Brode_Patrick.html, accessed on 26 April 2014
BRODE, Patrick, 1950-, "Bruce Macdonald and the Drafting of Canada's War Crimes Regulations -- 1945", (1995) 24  Law Society Gazette (Law Society of Upper Canada) 274-282; also published in (March-April 1998) vol. 2, JAG Newsletter;

- 1 Canadian War Crimes Investigation Unit fonds, Repository,  National Defence Headquarters Directorate of History and Heritage, Reference code CA ON00093 98/28; 159.95 (D1); 159.95.023 (D1-D11), see https://www.archeion.ca/1-canadian-war-crimes-investigation-unit-fonds (accessed 19 March 2019);

No. 1 Canadian War Crimes Investigation Unit was established on 4 June 1945 under the
command of Lieutenant-Colonel B.J.S. Macdonald to continue the work of the SHAEF
(Supreme Headquarters, Allied Expeditionary Forces) Court. Two detachments were
established: the North West Europe Detachment at Bad Salzflen, Germany and the U.K.
Detachment at Canadian Army Headquarters, London, England. Canadian personnel
from the SHAEF Courts were transferred to the new Canadian Unit whose mandate
was to investigate all reports of war crimes affecting any member of the Canadian
forces. The unit remained active until its disbandment 31 May 1946.

Fonds consists of transcripts of Record of the Evidence, Record Proceedings, witness
statement and evidence for the trial of Kurt Meyer. Also includes documents for many
others trials for alleged War Crimes. In addition, there are several miscellaneous
documents and there are also reports of No. 1 Canadian War Crimes Investigation
Unit on miscellaneous War Crimes against members of Canadians Armed Forces. There
are two series:
1. Kurt Meyer Trial (98/28)
2. Reports of Proceedings, Evidence and Witness Statements (159.95 (D1) and 159.95.023 (D1-D11))

MacDONALD, D.D., Major,  from R.C.A., Assistant Judge Advocate General, military district 6 with headquarters in Halifax, in 1944, The Quarterly Army List, January 1944, Part I, London: His Majesty's stationery Office, 1944 at p. 171 (bottom page number) or p. 181 (top page number), available at https://deriv.nls.uk/dcn23/8897/88977987.23.pdf (accessed 21 March 2019);




___________Memorandum signed by Major D.D. MacDonald, 14 September 1944 available at http://heritage.canadiana.ca/view/oocihm.lac_reel_t15545/174?r=0&s=1 (accessed 24 March 2019);

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G. Bruce MacDonald
MacDonald, G. Bruce, [article on him] "G. Bruce MacDonald Promoted", The Guardian, Wednesday, 11 January 1956, p. 11; available at http://islandnewspapers.ca/ (accessed 30 April 2018);

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___________on MacDONALD, Flight Lieutenant, see McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office of the Judge Advocate General, c2002, at p. 81, available at i-xii and 1-102;




MacDonald, J.A. (James A.), K.C. Lieutenant-Colonel, member of the OJAG during WW I, see:

-  "L/T.-Colonel's Appointment, The Globe and Mail, 3 August 1916, p. 1 (accessed 27 July 2018); simply saying that the rank of LCol is given to James A. MacDonald, K.C., Assistant-Judge-Advocate General in District 2";


- "Mayor Wrathy over interview 'Piece of Gross Impertinence,' He Describes it in Letter to Col. Bickford", The Globe, Toronto, 9 August 1918, at p. 7;

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

- McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office of the Judge Advocate General, c2002, at p. 32, available at i-xii and 1-102;

- order-in-council 1916-1984, date introduced: 1916-08-19, "Title: Appoint [Appointment] of Lt Col. [Lieutenant Colonel] J. a. MacDonald as Asst [Asststant] Judge Advocate General Toronto at $3,500 approved - Premier 1916/08/17 submit Parlimy Secy [Parliamentary Secretary]"; see http://www.bac-lac.gc.ca/eng/discover/politics-government/orders-council/Pages/item.aspx?IdNumber=318388 (accessed 6 February 2019);


- "SAYS ORDERLY IS RESPONSIBLE: Capt. Smith at Neals Inquiry Reveals Flaws of Medical Service.  Much Illness  Feigned.  Medical Officer Admits at Inquest That Orderly Determines Character of witness" , The Globe, Toronto, 9 March 1918 at p. 8; re  Lieutenant-Colonel J.A MacDonald, involved in a coroner's inquest;

- "STANDING BOARD TO TRY SOLDIERS: General Court-martial Personnel to be Chosen From These Officers",
The Globe and Mail, 21 August 1918, at p. 7;

ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca, accessed 11 September 2018

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  Source of image: JAG Newsletter, volume 1, 2003 at p. 7
Admiral Sir Ian Garnett with Margaret-Ann
Macdonald.

Macdonald, Margaret-Ann, "Honours", JAG Newsletter, volume 1, 2003 at p. 7; research note: we worked together in Lahr; very nice person (dixit François Lareau);

"In July 2002, LCol Margaret-Ann Macdonald was awarded the Chief of Staff Commendation for Exceptional
Service by Admiral Sir Ian Garnett, SHAPE Chief of Staff, in recognition of her professional excellence,
primarily in relation to the NATO-led operations in the Balkans.  This prestigious award cited her ceaseless
enthusiasm within the Office of the SHAPE Legal Advisor during a period of almost 5 years, and noted that
her efforts 'consistently showed her to be a master of her legal craft and NATO procedures.'  As well, it cited
her critical value to operators, both in SHAPE and in the field."

___________on MacDONALD, Lieutenant-Colonel Margaret Ann, see McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office of the Judge Advocate General, c2002, at p. 171, available at   103-242;



___________photo of Margaret Ann MacDonald:

From the right: Margaret-Ann
MacDonald,  Nicole Girard, and Mrs. Mitchell,
Lahr, Federal Republic of Germany,
circa 1981-1982 (photo: François Lareau)

image source: https://twitter.com/novamac, accessed 29 January 2018
Michael MacDonald
MacDONALD, Michael, "Expert fears limits on N.S. inquiry into the Lionel Desmond killings", CTV News, 28 January 2018, available at https://www.ctvnews.ca/canada/expert-fears-limits-on-n-s-inquiry-into-the-lionel-desmond-killings-1.3778911 (accessed 29 January 2018);



 

Lionel Desmond
 ___________"No inquiry into former soldier's murder-suicide, says medical examiner.  Lionel Desmond, a veteran of the war in Afghanistan, suffered from PTSD", CBC News Nova Scotia, 5 June 2017; available at http://www.cbc.ca/news/canada/nova-scotia/murder-suicide-upper-tracadie-ptsd-medical-examiner-1.4145980  (accessed 5 June 2017);

Nova Scotia's medical examiner has ruled out conducting a fatality inquiry into a horrific murder suicide
involving a former Canadian soldier who killed his wife, mother and young daughter before killing himself
in the family's rural home earlier this year.

Lionel Desmond, a 33-year-old veteran of the war in Afghanistan who suffered from post-traumatic stress
disorder, took his own life after shooting his 52-year-old mother, his wife Shanna, 31, and their 10-year-daughter
Aaliyah.

 

Image source: THE CANADIAN PRESS Vaughan Merchant
"Cpl. Matthew Wilcox, centre, is escorted from the courtroom by
Capt.[sic] Donald MacGillivary, left and defence counsel Lt. Col. Troy
 Sweet, right. at the Victoria Park Garrison in Sydney N.S. Tuesday, Sept.29, 2009."
___________ "Wilcox tells court martial he fired weapon instinctively",  CTV News Atlantic, 2 November 2011; available at http://atlantic.ctvnews.ca/wilcox-tells-court-martial-he-fired-weapon-instinctively-1.720169
(accessed 24 November 2015);




------
Mitch MacDonald, the author, image             Luc Boutin, left with his client, Captain Todd Bannister
source: twitter.com/mitch_pei?lang=en, accessed           (photo by Mitch MacDonald)
28 February 2018

MacDONALD, Mitch, "UPDATED: P.E.I. court martial against Todd Bannister lacked ‘basic legal standard’: defence", The Guardian, 27 February 2018; available at http://www.theguardian.pe.ca/news/local/updated-pei-court-martial-against-todd-bannister-lacked-basic-legal-standard-defence-189371/, accessed 20 February 2018;




MacDONALD, N.F.  (Norman Frederick), Major,  from R.C.A., legal officer in military district 6 with headquarters in Halifax, in 1944, see The Quarterly Army List, January 1944, Part I, London: His Majesty's Stationery Office, 1944 at p. 171 (bottom page number) or p. 181 (top page number), available at https://deriv.nls.uk/dcn23/8897/88977987.23.pdf (accessed 21 March 2019);




____________on MacDONALD, N.F. (Norman Frederick), born in Hamilton, died in February 1957 at the age 54 and see extensive notes on Mr. MacDonald at the Great War Centenary Association, Brantford, Brant County, Six nations web site at http://doingourbit.ca/profile/norman-macdonald-mc (accessed 14 April 2019); 





Neil MacDonald
MacDONALD, Neil, "Canada is uncomfortably allied with the torturers of the new Iraq: Neil Macdonald.  Warning: This column contains graphic descriptions of violence that some readers might find disturbing", CBC News Opinion, 27 May 2017; available at http://www.cbc.ca/news/opinion/torturers-of-the-new-iraq-1.4133747 (accessed 28 May 2017);

 

Ralph MacDonald: image source: Google Image, accessed on 31 May 2014

MACDONALD, LCol (ret'd) Ralph, 1922-2010, notes on:

After serving in Vancouver and back in Edmonton, he was called to the Alberta Bar in 1956 and transferred to the Judge Advocate
General's branch. Ralph's more than 30 years of service as a legal officer took him to Ottawa, Winnipeg, Calgary, Lahr and finally
back to Ottawa. Along the way, he was a minor hockey coach, Cub leader and Group Committee chair. One of his proudest
accomplishments was the two years he spent as president of the Canadian Forces Europe senior hockey league. By 1988, when he
retired at the age of 65, Ralph was the oldest member and last Second World War veteran serving in the Regular Force.

He then began his second career, serving another 10 years as a civilian in the Department of National Defence.
(source: http://www.inmemoriam.ca/view-announcement-201182-lcol-ret-d-ralph-fraser-macdonald-cd.html, accessed on 31 May 2014)

MacGILLIVRAY, Don, "Military Aid to the Civil Power", (1974) 3(2) Acadiensis 45-64; available at http://journals.hil.unb.ca/index.php/Acadiensis/article/view/11354/12104 (accessed on 6 December 2011);

Bruce MacGregor, photo reproduced from: live.ottawacitizen.com/Event/Live_blog_Military_complaints_commission_hearing_Monday_Sept_10

,                                                BIOGRAPHY

                                                   Colonel

                        Bruce MacGregor, C.D., Q.C., LL.M., LL.B., B.A.

Colonel MacGregor was born in Sydney, Nova Scotia and attended schools in several

communities in Ontario, Alberta, and Nova Scotia, before obtaining a high school

diploma from the Halifax Grammar School. He is a graduate of Dalhousie University

(B.A., Political Science and LL.B.) and the University of Ottawa (LL.M). He has been a

member of the Nova Scotia Barristers’ Society since 1991.

In 1990, Colonel MacGregor articled with Cox, Downie and Goodfellow in Halifax. He

then practiced law for six years at MacIntosh, MacDonnell and MacDonald in New

Glasgow, Nova Scotia, concentrating on criminal law (as defence counsel and as a

federal and municipal prosecutor). He routinely appeared before Nova Scotia’s Family

Court, Provincial Court, Supreme Court and Court of Appeal. He became a partner in his

firm in 1995.

In 1997, Colonel MacGregor left private practice to join the Office of the Judge Advocate

General (JAG) and assumed the duties of Assistant Deputy Judge Advocate Pacific

Region in Victoria, British Columbia. During this time, he advised the Maritime Pacific

Commander, the Commander Canadian Fleet Pacific, and the various regional bases

including Esquimalt, Comox and Chilliwack. He also prosecuted and defended at

numerous courts martial. Additionally, he sailed with HMCS Regina to the Arabian Gulf

providing legal advice to the ship’s Commander in support of OP AUGMENTATION in

1999.

In 2001, Colonel MacGregor was posted to the Directorate of Military Prosecutions in

Ottawa where he prosecuted courts martial, represented the Minister of National Defence

in appeals before the Court Martial Appeal Court, mentored junior prosecutors,

represented the office in media interviews and provided policy and prosecutorial advice

to the Director of Military Prosecutions.

In 2004, Colonel MacGregor was posted to the Directorate of Law Human Resources

where he provided legal advice on personnel and administrative legal matters. Later that

same year, he was tasked to work with the JAG Internal Review Team in order to provide

a departmental response to the First Independent Review by former Chief Justice of

Canada, Antonio Lamer.

In 2006, Colonel MacGregor returned to prosecutions and assumed the position of

Deputy Director Military Prosecutions in Ottawa where he guided a team of regular and

reserve force military prosecutors and civilian staff in charge of prosecuting persons

under the Code of Service Discipline at courts martial and the Court Martial Appeal

Court.

In January to July 2009, Colonel MacGregor was deployed to the Sudan as the Force

Legal Advisor to the United Nations Mission in Sudan (UNMIS). There he was the sole

legal advisor to the UNMIS Force Commander and his 10,000 military troops in support

of the enforcement of the Comprehensive Peace Agreement between North and South

Sudan. For his efforts, Colonel MacGregor was awarded the United Nations Force

Commanders Commendation.

Upon his return to Canada, Colonel MacGregor became the Director of Military Justice

Policy supporting the Judge Advocate General’s legislative mandate to superintend the

administration of Military Justice. This included the development of legislative and

regulatory initiatives, and policy development related to Canada’s military justice system.

After a re-organization of the Military Justice Division, Colonel MacGregor then became

the Director of Military Justice Operations and then assumed the role of Director of

Military Justice Strategic where he assisted in the Office of the JAG’s work with the

Second Independent Review Authority (Mr. Justice Patrick LeSage).

In 2013, Colonel MacGregor was posted to the position of Assistant Deputy Judge

Advocate General Operations. There he assisted the DJAG Operations in the provision of

legal advice in direct support to the planning and conduct of domestic and international

operations. In 2014, Colonel MacGregor was promoted to his current rank and assumed

the duties of DJAG Operations.

On 20 October 2014, Colonel MacGregor was appointed by the Minister of National

Defence to the position of the Director of Military Prosecutions pursuant to section 165.1

of the National Defence Act. He is is responsible for the preferring of all charges to be

tried by court martial and for the conduct of all prosecutions at courts martial. The

Director of Military Prosecutions also acts as counsel for the Minister in respect of

appeals before the Court Martial Appeal Court of Canada and before the Supreme Court

of Canada. Between 2015 and 2019, Colonel MacGregor has appeared as counsel before

the Supreme Court on a number of significant cases affecting the military justice system

specifically and the criminal justice system more broadly.

Colonel MacGregor is married and has two sons. He has been a committed community

volunteer in various projects for over thirty years.

__________"Canadian Military Boards of Inquiry in the Line of Fire of Procedural Fairness", (2007) 1 JAG Les actualités Newsletter 54-74;

___________LinkedIn, available at https://ca.linkedin.com/in/bruce-macgregor-9a364663 (accessed 3 December 2015);

___________Notes on Bruce MacGregor from 2017 Canadian Council on International Law (CIL), 2017 CCIL Conference November 2-3 in Ottawa, “Canada at 150: The Return of History for International Law”, 2017 Speaker Biographies, Keynote Speakers, available at  http://www.ccil-ccdi.ca/speakerbios, accessed 26 October 2017:

Bruce MacGregor (Speaker) is a Colonel in the Canadian Forces, having joined the Office of the Judge Advocate General (JAG) in 1997.
He has deployed to the Arabian Gulf with HMCS Regina in support to Op AUGMENTATION (1999) and to Sudan as the legal advisor to
the UNMIS Force Commander (2009). Colonel MacGregor has played a significant role in the Office of the JAG’s engagement in the
independent review process led in the first instance by former Chief Justice of Canada, Antonio Lamer, and in the second instance, by
Mr Justice Patrick Lesage. In 2014, Colonel MacGregor was promoted to his current rank and assumed the duties of DJAG Operations
and later that year was appointed by the Minister of National Defence to the position of the Director of Military Prosecutions. (E)

___________Note on MacGregor, Bruce: listed as a witness before the Standing Committee on Public Safety and National Security, on Bill S-2, An Act to amend the Criminal Code and other Acts, 6 October 2010; see https://www.ourcommons.ca/DocumentViewer/en/40-3/SECU/meeting-32/notice (accessed 30 May 2019);

Image source: ml-fd.caf-fac.ca/wp-content/uploads/2018/05/dmp-un.jpg, accessed 19 May 2018
Col Bruce MacGregor (center)
____________Research note on Colonel Bruce MacGregor: "Director of Military Prosecutions attends a high-level UN meetings on national terrorism prosecutions", The Maple Leaf,  at https://ml-fd.caf-fac.ca/en/2018/05/13623 (accessed 19 May 2018);

Colonel Bruce MacGregor, Director of Military Prosecutions and Co-Chair of the International Association of Prosecutors’ Network
of Military Prosecutors, was at UN Headquarters in New York on April 9-10, 2018 for high-level expert meetings on “Bringing terrorists
to justice before national courts: developing guidelines to facilitate the collection of information and evidence by military and other
relevant criminal justice actors within a rule-of-law framework”.

The Counter-Terrorism Committee Executive Directorate, acting in collaboration with the International Centre for Counter-Terrorism
– The Hague and the UN Office on Drugs and Crime and within the framework of the Counter-Terrorism Implementation Task Force
Working Group on Legal and Criminal Justice Responses to Terrorism, has launched a project that aims to strengthen criminal justice
responses to terrorism by enhancing the role of the military in supporting the collection, sharing, and use of information and evidence.

The Network of Military Prosecutors (NMP), which was officially launched at the 22nd International Association of Prosecutors
(IAP) Annual Conference in September 2017, embraces prosecutors from the military and the civilian justice systems and is available
to all members of the IAP dealing with military criminal cases, including prosecutors belonging to organizational members. The network
has been growing steadily, welcoming new members from Italy, Israel, Romania, Spain and Greece, and is continuing to reach out to
civilian prosecution services that are dealing with military criminal cases as well as The International Society for Military Law and the
Law of War.

[Also available in French/aussi disponible en français: "Le Directeur – Poursuites militaires participe à des réunions de haut niveau de
l’ONU sur les poursuites en matière de terrorisme national" à https://ml-fd.caf-fac.ca/fr/2018/05/13623 ]

___________"Successful outcome of Military SIGM [Special Interest Group Meeting (for prosecutors)], 7/12/2017, available at iap-association.org/NMP/News/Successful-outcome-of-1st-Military-SIGM (accessed 27 May 2018);

The first SIGM for prosecutors dealing with Military Prosecutions took place on Monday 12 September 2016 in
Dublin, Ireland during the 21^st IAP Annual Conference and General Meeting on the topic “Independence in the
prosecution and investigation of military criminal cases both domestically and on international operations”.

Bruce MacGregor, The Canadian Director of Military Prosecutions and John Spierin, The Irish Director of the Military
Prosecutions facilitated the meeting. Speakers in session were; Jennifer Woodward, Director of Military Service, Australia,
David Antonyshyn, Lieutenant Colonel, Assistant Director of the Canadian Military Prosecutions and Albert van den Kerk
representing the Dutch Military Service. The session turned out to be a pure magnet on people and the organizers were
forced to reject several participants.

___________Testimony, Military Police Complaints Commission, Fynes Public Interest Hearings, Transcript of Proceedings, 10 September 2012, Volume 44, pp. 1-155, available at http://mdlo.ca/wp-content/uploads/2013/05/ and go to the date of 10 September 2012 (accessed 30 December 2015);

___________"Message from the Chair" (April/Avril 2008) Sword & Scale -- Salut militaire; available at http://www.cba.org/CBA/newsletters/mil-2008/news.aspx (accessed on 26 April 2012);
FRANÇAIS:
___________"Mot du président" (April/Avril 2008) Sword & Scale -- Salut militaire; disponible à http://www.cba.org/abc/nouvelles/mil-2008/nouvelles.aspx#article10 (site visité le 26 avril  2012);

____________"Military courts martial do not sacrifice fairness", The Ottawa Citizen,  9 August 2010, p.A.7;

--------
____________"Role of the Military Justice System: Accountability of Soldiers and Commanders during Deployment", presented at 10th Seminar for Legal Advisors, Legal Advisors and International Military Operations on the African Continent, 6-10 May 2014, Galway, International Society  for Military Law and law of War, available at http://www.ismllw.org/seminaires/2014_05_06_Galway_textes%20des%20orateurs/2014_05_08_03%20LtCol%20MacGregor.pdf (accessed on 12 February 2015);

MacINNIS, LCdr D.M., "Cyber Warfare, The Law of Armed Conflict, ROE and the Sufficiency of International Law", Canadian Forces College, JCSP 40, Exercise Solo Flight, 2016, 12 p.; available at http://www.cfc.forces.gc.ca/259/290/301/305/MacInnis.pdf (accessed 2 February 2017);

“You deserted in a fit of pique and (that) persisted over many hours,” said Gibson. He likened de Jong’s behaviour to a child who “picks
up their marbles and goes home.”

The judge said discipline in the Canadian Armed Forces is crucial. Every officer is not only supposed to instill discipline in the troops he
or she leads, but must show self-discipline and that is what de Jong lacks, he said.

“You committed one of the most grievous breaches of trust.

“You are not a young sailor flush with the immaturity of youth,” he admonished.

“This is not behaviour that can be tolerated in any member, much less a commissioned officer. … One does not run away.

Following the war, John returned to Halifax where he used his veteran’s benefits to attend Dalhousie University Law School,
graduating in 1949. He re-joined the Army, as a member of the Judge Advocate General’s Branch.  He served with the Canadian
Infantry Brigade Group in Korea in 1952-53 and retired from the Army in 1969 after postings in Shilo, Borden, Ottawa, Germany
and Winnipeg. He took up a new position in 1970 as legal advisor to the Atomic Energy Control Board. He was appointed a Queen’s
Counsel for his contributions to the writing of legislation and regulations governing the use of nuclear energy. John finished his public
service in the Department of Justice.

Following the war, John returned to Halifax where he used his veteran's benefits to attend Dalhousie University Law School, graduating in 1949. He re-joined the Army, as a member of the Judge Advocate General's Branch. He served with the Canadian Infantry Brigade Group in Korea in 1952-53 and retired from the Army in 1969 after postings in Shilo, Borden, Ottawa, Germany and Winnipeg. He took up a new position in 1970 as Legal Advisor to the Atomic Energy Control Board. He was appointed a Queen's Counsel for his contributions to the writing of legislation and regulations governing the use of nuclear energy. John finished his public service in the Department of Justice. - See more at: http://www.legacy.com/obituaries/ottawacitizen/obituary.aspx?pid=176225518#sthash.n4BfWFWR.dpuf

Born November 27, 1931, to Charles and Johan in Winnipeg, Donald attended United College and graduated from the University of Manitoba
with a Bachelor of Laws in 1957. During his education he served with the Canadian Military at Fort Churchill, Manitoba. After graduation
Donald served for five years in Ottawa with the Office of the Judge Advocate General retiring with the rank of Major. Donald returned to
Winnipeg and continued his career as legal counsel with the Metropolitan Corporation of Greater Winnipeg before entering private practice.

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___________on MacKAY, Louis, Major, see 

On October 29, 2012, I approved the Chief of the Defence Staff’s recommendation to establish the position of the Canadian Forces Judge Advocate
General at the rank of Major-General from that of Brigadier-General and to promote the Judge Advocate General, Major-General Blaise Cathcart, to that rank.

The elevation of the Judge Advocate General’s rank is a significant recognition of the importance of the Judge Advocate General’s position in performing
two unique roles set out in the National Defence Act: legal advisor in matters relating to military law and superintendent of the administration of military
justice in the Canadian Forces. In the complex global environment within which the Canadian Forces operate, security challenges are more diverse and
complex than ever before. In these increasingly dynamic circumstances, mission success remains inseparable from adherence to the rule of law. Against
this backdrop, the role of the uniformed legal advisor as a source of independent and objective legal advice, takes on growing importance. The Judge
Advocate General is a key strategic advisor in the decision-making process. 

- before the House of Commons Standing Committee on National Defence,  meeting number 62, 30 January 2013, minutes and evidence;
- before the Standing Senate Committee on Legal and Constitutional Affairs, issue 37, 23 May 2013,  minutes and evidence;

MacKENZIE, D.B., Captain, General List, Legal officer in military district number 13 in Calgary in 1944, see The Quarterly Army List, January 1944, Part I, London: His Majesty's Stationery Office, 1944 at p. 173 (bottom page number) or p. 183 (top page number), available at https://deriv.nls.uk/dcn23/8897/88977987.23.pdf (accessed 21 March 2019);  the Assistant Judge Advocate General at military district number 13 that time was Major S. Wood, General List;

Image source: artsandsciences.sc.edu/hist/s-p-mackenzie, accessed 7 April 2017
S.P. MacKenzie

MacKENZIE, S.P., “The Shackling Crisis: A Case-Study in the Dynamics of Prisoner-of-War Diplomacy in the Second World War”, (February 1995) 17(1) International History Review 78-98;

MacKIE, Christopher S.T., "The Law of (Heraldic) Arms: Military's Law's Long Lost Cousin", (May/Mai 2011) Sword & Scale -- Salut militaire; available at http://www.cba.org/cba/newsletters-sections/2011/2011-03_military.aspx and
http://www.cba.org/cba/newsletters-sections/2011/2011-03_military.aspx#article9  and http://www.cba.org/CBA/newsletters-sections/pdf/2011-03_ss3.pdf (accessed on 30 April 2012);
FRANÇAIS:
MacKIE, Christopher S.T., "Le droit des armoiries : le cousin perdu du droit militaire",  (May/Mai 2011) Sword & Scale -- Salut militaire; disponible à http://www.cba.org/ABC/nouvelles-sections/2011/2011-03_military.aspx  et http://www.cba.org/ABC/nouvelles-sections/2011/2011-03_military.aspx#article7  (site visité le 30 avril  2012);

------
Bobbi-Jean MacKinnon, CBC Reporter, image source:                     Catherine Harrop, CBC journalist who took the photos for this story
cbc.ca/news/canada/new-brunswick/n-b-newsmaker-dec-12-bobbi-jean-mackinnon-1.2871933                      images source: http://www.cbc.ca/news/canada/new-brunswick/catherine-harrop-1.3677511
still video at 00.20/03:37

-----------------
Prosecutor Capt. Marc-Andre Ferron (Photo: Catherine Harrop/CBC)            Defence lawyer Lt.-Cmdr. Brent Walden (Photo: Catherine Harrop/CBC)  

MacKINNON, Bobbi-Jean, "Soldier fined $1K and reprimanded for accessing porn on DND computer while on duty.  2nd charge against Sgt. Brent Douglas Hansen of accessing child porn dropped prior to Oromocto proceeding", CBC News, 18 April 2018; President of Sgt Hansen's court martial was Commander Pelletier; available at  http://www.cbc.ca/news/canada/new-brunswick/soldier-pornography-gagetown-brent-hansen-1.4624564 (accessed 19 April 2018);

Image source: https://twitter.com/EmilyMMacKinnon, accessed 13 March 2019
Emily MacKinnon

MacKINNON, Emily, L., Capt., lawyer and member of the AJAG, reserve force; practices with McCarthy Tetrault LLP, Toronto;

MacKINNON, Leslie, "Top court upholds military justice system. Defence minister can carry on filing appeals of court martial decisions, judges rule",   i Politics, 22 July 2016; available at https://ipolitics.ca/2016/07/22/top-court-upholds-military-justice-system/ (accessed 22 August 2016);

Image source: amazon.com/Vintage-photo-Portrait-W-H-S-Macklin/dp/B01B5FCK1U, accessed 3 May 2018
W.H.S. MacKlin
MacKLIN, W.H.S. (Wilfred "Slim" Harold Stephenson), 1899-1966, "Military Law" (January 1954) 8 Canadian Army Journal 31-2;  title of article noted on 19 August 2017 in Chris Madsen,  Another Kind of Justice : Canadian Military Law from Confederation to Somalia, Vancouver : UBC Press, c1999,  p. 190, note 18;  Major General Wilfred Macklin was the Adjudant General of the Canadian Army when he retired in 1954; available at http://www.lareau-legal.ca/MacKlin12June18.pdf (put on line on 12 June 2018);

MacLEAN, Lieutenant-Colonel D.A., "Rules of Engagement and the Peacekeeper's Dilemma", AMSC 3 (Advanced Military Studies Course 3), Canadian Forces College, circa 2000, 26 p.; available at http://www.cfc.forces.gc.ca/259/260/263/macleand2.pdf (accessed on 17 June 2012);

Abstract

 The use of force by soldiers deployed on United Nations peacekeeping missions is

controlled by Rules of Engagement (ROE). Depending on the mandate, some peacekeeping
missions have allowed peacekeepers to use force only in self-defence. In areas torn by civil
war or ethnic strife, soldiers have sometimes witnessed crimes and violent acts perpetrated

  against defenceless non-combatants. Depending on the mandate of the peacekeeping force
  and on the ROE that have been prepared for the mission, soldiers may be precluded from

intervening due to their ROE. This paper argues that the restrictive nature of peacekeeping

 ROE may create a situation where soldiers deployed on peacekeeping operations must deal

with ethical and moral dilemmas. The potential for such situations is so widespread that this
phenomena is not just isolated, but instead should be considered a real concern for all soldiers
deployed on peacekeeping operations

Image source: ca.linkedin.com/in/swmaclean/zh-cn, accessed 2 July 2018
Stephen W. MacLean

MacLEAN, Stephen W., legal officer with the OJAG in Halifax since July 2018, member of the Law Society of Nova Scotia, Stephen.MacLean@forces.gc.ca (information as of 2 July 2018);

___________MacLean, Steve, Capt., legal officer appeared as co-counsel for the prosecution with Maj. Patrice Germain in the case referred to in the article: Peddle, Stuart, "Defence wants crucial video evidence excluded in drug use court martial", The Chronicle Herald, Halifax, 6 November 2018; available at https://www.thechronicleherald.ca/news/local/defence-wants-crucial-video-evidence-excluded-in-drug-use-court-martial-257175/, accessed 13 November 2018; court martial of Leading Seaman Christopher Edwards;

MacLEANS MAGAZINE, "Somalia Inquiry's Damning Report", 14 July 1997, available at http://www.thecanadianencyclopedia.ca/en/article/somalia-inquirys-damning-report/#links (accessed 10 May 2017);

As well, some Liberals suggested that Eggleton felt it important to look especially decisive in order to win the confidence of senior officers.
From the outset, the Liberals expected the report to be tough on them - and suggested, in part, that the commissioners were motivated by
their frustration over the decision to end the hearings. "We gave these guys $25 million and 27 months, and it still wasn't enough for them,"
complained one PMO official. "How much is enough?"

Image source: ctvnews.ca/col-williams-assaulted-victim-after-she-had-seizures-1.564944, accessed 7 April 2017

MacLEANS MAGAZINE, "Russell Williams no longer a colonel.  Convicted serial killer officially stripped of his rank", macleans.ca, 22 October 2010; available at http://www.macleans.ca/news/canada/russell-williams-no-longer-a-colonel/ (accessed 16 January 2017);

1. On 21 Oct 10, Mr. Russell Williams, former Commander of 8 Wing, was sentenced to two concurrent terms of life in prison with no chance of parole for 25 years for the first-degree murders of Cpl Marie France Comeau and Mrs. Jessica Lloyd.
......

4. With the conviction and sentencing completed, and following my recommendation, the Governor General has revoked his commission, an extraordinary and severe decision that may constitute a first of its kind in Canadian history.

5. Further, the following actions will now be taken:
A. Stripping Mr. Williams of his medals
B. Termination and recovery of his pay from the date of arrest
C. Denial of severance pay; and
D. His prompt release from the CF under “service misconduct” – which is the most serious release item possible.
6. As a consequence of his release from the CF for “service misconduct” and of the revocation of his commission, Mr. Williams no longer possesses a rank as a member of the CF.

7. I wish to point out that under the CF superannuation act, there are no grounds to revoke his pension and a court martial would not have any impact on these accrued benefits.

8. Some have questioned why Mr. Williams has not also been charged under the military justice system. I believe we need to understand why this is so. This is because there is no jurisdiction under the code of service discipline to try persons charged with murder where those murders took place in Canada. Mr. Williams was therefore tried and convicted of all of these 88 charges under the Criminal Code of Canada by a civilian court. Additionally there will be no further court martial on these matters because the National Defence Act specifically prevents an individual from being tried by court martial where the offence or any other substantially similar offence arising out of the same underlying facts have been previously dealt with by a civilian court. This basic principle sometimes known as “double jeopardy” is fundamental within our civilian and military justice system. With his current convictions and sentence to life imprisonment justice has already been served.

MacLellan v. Canada (Attorney General), 2014 NSSC 280 (CanLII), <http://canlii.ca/t/g86bw>; MacLellan J.C. (Captain), R. v., 2011 CM 3003 (CanLII), <http://canlii.ca/t/g87qn>;  https://www.canlii.org/en/ca/cm/doc/2011/2011cm3004/2011cm3004.html?autocompleteStr=Ma&autocompletePos=4; MacLellan J.C. (Captain), R. v., 2011 CM 3005 (CanLII), <http://canlii.ca/t/flx0b>; Affidavit of John C. MacLellan, sworn on 18 October 2013, available at https://www.documentcloud.org/documents/1273271-maclellan-affidavit-october-18-2013.html     (accessed 25 December 2017); see also Rachel Ward, "Defeated ex-flying school deputy looks to appeal", 27 August 2014, available at http://www.davidmckie.com/defeated-ex-flying-school-deputy-looks-to-appeal/;

MacLEOD, Colonel B.W., "Law of Armed Conflict at the Operational Level Rwanda and an Unlawful Order", AMSP (2000),  AMSC 3 (Advanced Military Studies Course 3), Canadian Forces College,  16 p.; available at http://www.cfc.forces.gc.ca/259/260/263/macleodb2.pdf (accessed on 19 June 2012);

ABSTRACT

In the autumn of 1993 the United Nations (U.N.) authorised the deployment of a United Nations Assistance Mission
to Rwanda (UNAMIR) to supervise the transition to peace in accordance with the terms of the Arusha Accord signed
earlier that year.  Unfortunately, the conditions were not met and genocide resulted in the massacre of approximately
800,000 people. Within the U.N. Headquarters, there was considerable debate as to what action to take. The options
ranged from a complete withdrawal of the force to its reinforcement.  In the early weeks of what later became defined
as genocide, the U.N. Force Commander, General Dallaire reports that he received the worst of all possible orders – to
withdraw the force. General Dallaire refused the order on the grounds that to do so would result in the slaughter of
approximately 30,000 people under the protection of his UNAMIR force. This paper argues that, based on the laws of
armed conflict (LOAC) and other international laws and conventions, General Dallaire had a legal responsibility to
refuse this order as being unlawful.

"15519 Captain Sandra S Macleod (Hawes) (RMC 1986)", everitas, posted by rmcclub, 14 April 2009, available at http://everitas.rmcclub.ca/?m=20090%2Fes_search%2F--&paged=37  (accessed 1 May 2016);

Where do you work? Chilly Beach Studios March Entertainment, Sudbury, ON and part-time as a legal officer with the Office of Judge Advocate General of the Canadian Forces (International law)
....
I originally chose the Royal Military College because of the Regular Officer Training Program (ROTP) with the Canadian Forces. Under this program, they paid me to study. It was a great program
which I highly recommend other students to consider.
....
If your schooling or work was away from your family, what was/is this like? I did two tours with the Canadian Forces away from my family (Bosnia and the Persian Gulf). During Canada’s response
to the 9/11 attacks, I was away from my family for 7 months. It was difficult but we all survived. As I was starting to be away from my family (more and more), this eventually contributed to my decision to take the job here in Sudbury.


[additional research note: the above image of LCdr Macleod also made the front cover of the JAG Les actualités --Newsletter, Volume 1 --2004]:

MacLEOD, Lt.-Cmdr. Sandra, "Pardons for New Zealand Soldiers of the Great War" (June/Juin 2001) Sword & Scale -- Salut militaire 3; available at http://web.archive.org/web/20050125074204/http://dev.cba.org/CBA/Sections/military/sword2001-06.pdf (accessed on 18 April 2012);
FRANÇAIS:
MacLEOD, Lt.-Cmdr. Sandra, "Précis : Pardons pour des soldats néo-zélandais de la Première Guerre mondiale" (June/Juin 2001) Sword & Scale -- Salut militaire 3; disponible à http://web.archive.org/web/20050125074204/http://dev.cba.org/CBA/Sections/military/sword2001-06.pdf  (site visité le 18 avril 2012;

MacLeod, Sandra S., "15519 Captain Sandra S Macleod (Hawes) (RMC 1986)", biographical notes 

15519 Captain Sandra S Macleod (Hawes) (RMC 1986)

What is your occupation?  Animation Project Management and Lawyer

Where do you work? Chilly Beach Studios March Entertainment, Sudbury, ON and part-time as a legal officer with the Office of Judge Advocate General
of the Canadian Forces (International law)

Please provide a brief summary of your career path. During High School, I worked at a number of jobs (McDonalds, United Cigar Store, Cambrian Fitness
Centre). Joined the Canadian Forces in 1982 and attended the Royal Military College in Kingston, ON and graduated with a Honours BA in Economics
and Commerce. Worked as a logistics officer with the Canadian Forces in Chilliwack, BC, Ottawa, ON and Halifax, Nova Scotia. Attended law school
at Dalhousie Law School and graduated with LLB in 1998. Joined the Office of the Judge Advocate General and completed a number of interesting
ortfolios within the CF. Primary interest and specialty was in International and Operational Law. During this time, I traveled extensively and did a tour
in the Balkans (Bosnia) as well being the Legal advisor to Canada’s Naval contribution in the Persian Gulf (Our Canadian response to the terrorist attacks (9/11).
 I was one of the first investors in Chilly Beach.

How was I inspired to get this job? I never really had a master plan, although I admit that I always wanted to become a lawyer. My current career is the result
of the various paths I followed throughout the last 22 years.

Education: University Undergraduate Degree Royal Military College – Kingston, Ontario. 4 year degree which on top of the Honours BA requires the
students to be successful in physical fitness, military training, engineering and leadership courses. Dalhousie Law School – (3 years) law school program –
graduated in 1998. University Masters Degree Ottawa University – Studied courses under the MA (Economics) Studied under the Canadian Forces
Management training programs which are similar in structure and substance. University of Liverpool, United Kingdom (Diploma course – Laws of War)
[source: http://everitas.rmcclub.ca/law-day-many-ex-cadets-at-the-bar/, accessed 17 March 2018]

MacLEOD, Major Sherry, "JAG Social Fund Activities / Activités du club social du JAG", (2006) 1 JAG Les actualités -- Newsletter 10;

Major Sherry MacLeod
___________ Linked in web page, available at https://ca.linkedin.com/in/sherry-macleod-811b0a10a?trk=pub-pbmap (accessed 7 August 2017);

____________message "Fw: Retirement --  Major Sherry MacLeod", 22 August 2018, from Bill & Ben (JAG Alumni):

1. After nearly 17 years of service in the Canadian Armed Forces, Major Sherry MacLeod will retire on 16 October 2018.

2. Sherry was called to the British Columbia bar in January 2001, and worked at a private law firm in Nanaimo, British Columbia
until she enrolled in the CAF as a legal officer in 2002.

3. Over the years, Major MacLeod has served in a wide variety of legal positions including most recently as a Deputy Judge
Advocate in the Prairie Region. She worked as counsel within the Office of the DND/CF Legal Advisor; was as a Regional Military
Prosecutor; and started her career as a legal advisor in the Directorate of Law/Human Resources. She was fortunate to be posted
to Colorado Springs where she served as a Deputy Judge Advocate. For her work on the NORAD mission in Colorado Springs she
was awarded a United States Defense Meritorious Service Medal.

4. Major MacLeod was deployed to Bosnia in 2005 in a double-hatted roll as legal advisor to both the NATO Commander and
the Canadian Contingent Commander. While there she served as the NATO representative on the Defence Reform Commission
Legal Working Group. For her service she was awarded the Canadian Peacekeeping Service Medal and a Non-Article 5 NATO
Medal for Operations in the Balkans.

5. She spent nearly a year deployed to Afghanistan, in 2011 where she served as the Deputy Chief, Afghan National Army Legal
Development on the NATO Combined Training Mission – Afghanistan. For her work there she received the Canadian General
Campaign Star – South-West Asia. She was also awarded the United States Meritorious Service Medal.

6. Finally she deployed to Kuwait in 2016 as the Legal Advisor to Operation Impact where she also spent time working in
Baghdad and Erbil, Iraq. For her service she was awarded the General Service Medal Expedition.

7. Throughout her career, Sherry has been immensely supported by her husband, Grant, and her two wonderful sons Rembrandt
and Harlan. Sherry and Grant will be moving to Comox where she plans to spend her retirement gardening and channeling her
inner hippie artist and activist.

8. Please join us in celebrating Sherry’s military career on Wednesday 3 October 2018 at the Officer’s Mess in Winnipeg – starting
at 1400hrs for a Depart with Dignity ceremony that will start at 1430hrs. Please RSVP your attendance to Major Cynthia Gaudreault
 (cynthia.gaudreault@forces.gc.ca) by 28 September 2018, indicating your intent to attend the ceremony. Congratulatory messages,
anecdotes, photos or other memorabilia are encouraged.

----------////

1. Au terme de tout près de 17 années de service au sein des Forces armées canadiennes, Major Sherry MacLeod prendra sa
retraite le 16 octobre 2018.

2. Après avoir été reçu au Barreau de la Colombie-Britannique en janvier 2001, Sherry a pratiqué le droit au sein d’un cabinet
privé à Nanaimo, en Colombie-Britannique, jusqu’en 2002 lorsqu’elle a joint les FAC à tire d’avocate militaire.

3. Au fil des ans, Major MacLeod a occupée plusieurs positions, dont plus récemment celle de Juge avocate adjointe pour la
Région des Prairies. Elle a travaillé à titre de conseillère au sein du Bureau du Conseiller juridique du MND/FC, a servi en tant
de procureure régionale militaire et a débuté sa carrière comme conseillère juridique au sein de la Direction juridique/Ressources
humaines. Elle a également eu la chance d’être mutée à Colorado Springs où elle a servi à titre de Juge avocate adjointe. Pour son
travail à Colorado Springs en lien avec la mission de NORAD, elle s’est vu décerner la Médaille du service méritoire des États-Unis.

4. En 2005, Major MacLeod a été déployé en Bosnie où elle a rempli un double rôle en agissant tant à titre de conseillère juridique
du Commandant de l’OTAN et du Commandant du contingent canadien. Pendant ce déploiement, elle a également agi à titre de
représentante de l’OTAN au sein du Groupe de travail juridique de la Commission de réforme de la défense. Pour son service, elle
a reçu la Médaille canadienne du maintien de la paix ainsi qu’une Médaille de l’OTAN Non-article 5 pour les opérations dans les
Balkans.

5. En 2011, elle a été déployée en Afghanistan pour une durée de près d’un an où elle a servi au sein de la Mission multinationale
de formation de l’OTAN en Afghanistan en tant que Chef adjointe, Développement juridique de l’Armée nationale afghane. En
reconnaissance de son travail, elle s’est vu remettre l’Étoile de campagne générale – Asie du Sud-Ouest et la Médaille du service
méritoire des États-Unis.

6. Finalement, elle a été déployée au Koweït en 2016 à titre de conseillère juridique pour l’Opération Impact où elle a également
travaillé à Bagdad et Erbil, en Irak. Pour son service, elle a reçu la Médaille du service général – Expédition.

7. Tout au long de sa carrière, Sherry a pu bénéficier du soutien inébranlable de son mari, Grant, ainsi que de ses deux merveilleux
 fils, Rembrandt et Harlan. Sherry et Grant déménageront à Comox, où elle planifie de profiter de sa retraite afin de jardiner et de
laisser libre cours à son côté d’artiste hippie et d’activiste.

8. Vous êtes invités à vous joindre à nous pour célébrer la carrière militaire de Sherry le mercredi 3 octobre 2018 au Mess des Officiers,
à Winnipeg, dès 14h pour une cérémonie de départ dans la dignité débutant à 14h30. Veuillez S.V.P. confirmer votre présence auprès
de Major Cynthia Gaudreault (cynthia.gaudreault@forces.gc.ca) au plus tard le 28 septembre 2018. Les messages de félicitation,
anecdotes, photos ou autre souvenirs sont grandement encouragés.

___________on Sherry MacLeod, see the article: LEE, John, "Military Law.  Alumna Profile: Sherry MacLeod ('00) NORAD", (Spring 2015) VISTAS THE UVIC LAW ALUMNI MAGAZINE 20-23; available at https://issuu.com/uviclawalumni/docs/uviclaw-vistas7-spring2015-interact/22 (accessed 1 Janurary 2018);

MacMILLAN, Billy Matthew, legal officer with the OJAG, admitted to the Nova Scotia Bar in 2018; see the Nova Scotia Barristers' Society Bar Admission Ceremony 2018, Halifax, 15 June 2018, available at http://nsbs.org/sites/default/files/ftp/CallToTheBarProgram2018.pdf (accessed 27 September 2018);

BILLY MATTHEW MACMILLAN is the son of Billy and Pearl MacMillan of
Stellarton, is married to Amber Comisso, and is the proud father of Tessa and Mia
MacMillan. Matt received a Bachelor of Arts in business administration from the
Royal Military College of Canada, and his law degree from the Schulich School of
Law in 2017. He articled with Roger Strum of the Office of the Judge Advocate
General and Brad Sarson of Nova Scotia Legal Aid in Halifax. He will be a legal
officer in the Canadian Armed Forces.

___________ employed at the Office of The Judge Advocate General (Central Region), 1 Yukon Lane, Toronto, ON  M3K 0A1, matt.macmillan@forces.gc.ca; source: http://nsbs.org/member-search/results/profile/117728, accessed 27 September 2018;

MacMILLAN, J.M., Major, legal officer, member of the OJAG,  Deputy Judge Advocate Central (9) and Assistant Counsel for Her Majesty the Queen in the case of R. v. Captain L.M. Paquette, 1997 CanLII 17819 (CA CM), <http://canlii.ca/t/gtnsg> (accessed 10 May 2018);

___________photo of LCol J. MacMillan, legal officer:

 source:(2006) 1 JAG Les actualités -- Newsletter at p. 11
JAG Recognition... October 27, 2005--CD1 (22 years of service) presented to
LCol J. MacMillan, Maj D. McGowan, Maj R. Stoney and Sgt G. Taillon
(with MGen Jerry Pitzul in his blue uniform in the middle)

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

MacPHERSON, J., "Developments in Constitutional Law: The 1978-79 Term", (1980) 1 Supreme Court Law Review 77 at 111; may comment on the MacKay decision [1980] 2 S.C.R 370; research on this point started on 17 March 2019;

------------
                                                                    Image source for above image: John W. Doull, Bookseller (A.B.A.C.) (Dartmouth, NS, Canada), accessed 9 May 2017

MacPHERSON,  J. Pennington (James Pennington), 1839-1916, A Catechism on Military Law as Applicable to the Militia of Canada : Consisting of Questions and Answers on the Militia Act, 1883, Rules and Regulations for the Militia, 1883 ... Together with a Compilation of the Principal Points of the law of Eidence, Montreal : J. Lovell, 1886, 191 p.; available at http://www.archive.org/details/cihm_11790 (accessed on 5 January 2011);

____________research note : found in Library and Archives Canada:  "The General Officer Commanding - Purchase of 500 copies of book on "Military Law" by Lt. Col. J.P. Macpherson for issue on repayment to the Royal Military College, and the different schools.", see http://collectionscanada.gc.ca/ourl/res.php?url_ver=Z39.88-2004&url_tim=2019-03-31T20%3A04%3A29Z&url_ctx_fmt=info%3Aofi%2Ffmt%3Akev%3Amtx%3Actx&rft_dat=3758724&rfr_id=info%3Asid%2Fcollectionscanada.gc.ca%3Apam&lang=eng, accessed on 31 March 2019;

____________research note : found in Library and Archives Canada: "The General Officer Commanding (26455) - Lt. Col. J.P. Macpherson requests that his book on Military Law be officially recognized as the textbook for the Militia of Canada", date: 1889/03/29; see http://collectionscanada.gc.ca/ourl/res.php?url_ver=Z39.88-2004&url_tim=2019-03-31T20%3A39%3A29Z&url_ctx_fmt=info%3Aofi%2Ffmt%3Akev%3Amtx%3Actx&rft_dat=3759645&rfr_id=info%3Asid%2Fcollectionscanada.gc.ca%3Apam&lang=eng  (accessed 31 March 2019);

___________research note: MacPHERSON,  J. Pennington (James Pennington), 1839-1916, is the author of Life of the Right Hon. Sir John A, Macdonald, St. John, N.B., Earle Pub. House, 1891, 2 volumes frontispieces, plates, portraits 23 cm; MacPherson was  his nephew;

___________research note: MacPHERSON,  J. Pennington (James Pennington), 1839-1916, see order-in-council 17381,  date approved: 1882-02-04, "Military College - Min: [Minister of] Militia, 1882/02/02, rec [recommends] printing at Kingston 200 textbooks on military law for cadets' use", see http://www.bac-lac.gc.ca/eng/CollectionSearch/Pages/record.aspx?app=ordincou&IdNumber=17381&new=-8586475083869573984 (accessed 1 April 2019);

___________research note: MacPHERSON,  J. Pennington (James Pennington), became on 7 October 1886, the Commanding officer of the Governor General's Foot Guards, see https://fr.wikipedia.org/wiki/Governor_General%27s_Foot_Guards#cite_note-history-11https://fr.wikipedia.org/wiki/Governor_General%27s_Foot_Guards#cite_note-history-11 (accessed 2 April 2019); 

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Mike Madden, image source: http://www.dal.ca/academics/programs/graduate/law/graduate-life/recent-graduates/mike-madden.html, accessed on 2 August 2014

MADDEN, Mike, "Comparative Cherry-Picking in a Military Justice Context: the Misplaced Quest to Give Universally Expansive Meaning to International Human Rights", Dalhousie University--Schulich School of Law, 18 February 2014; ; available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2397734 (accessed on 2 August 2014); now published in (2014) 46 George Washington International Law Review 713-763, available at http://docs.law.gwu.edu/stdg/gwilr/PDFs/46-4/1%20Madden.pdf (accessed on 6 January 2015);    

___________ “First Principles and Last Resorts: Complications of Civilian Influences on the Military Justice System”,  (2009) 9(3) Canadian Military Journal 49-57, available at http://www.journal.forces.gc.ca/vo9/no3/08-madden-eng.asp (accessed on 28 August 2009); also available at  SSRN: http://ssrn.com/abstract=1373671, see http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1373671 (accessed on 28 August 2009);
 FRANÇAIS :
___________"Principes premiers et derniers recours : complications nées des influences civiles sur le système de justice militaire", (2009) 9(3) Revue militaire canadienne 49-57, disponible à http://www.journal.forces.gc.ca/vo9/no3/08-madden-fra.asp (vérifié le 28 août 2009);

___________"International Humanitarian Law /   Laws 2205.03 -- Three credits -- Course Syllabus Jan 2012", available at http://law.dal.ca/Files/Course_Outlines_2011/Winter__2012_LAWS_2205_International_Humanitarian_Law_by_Mad.pdf (accessed on 21 May 2012);

___________"Keeping Up with the Common Law O'Sullivans?  The Limnits of Comparative Law in the Context of Military Justice Law Reform", (2013) 51(1) Alberta Law Review 125-152; also available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2269098 (accessed on 15 February 2014); available at http://www.albertalawreview.com/index.php/ALR/article/viewFile/60/60 (accessed 10 September 2016);

___________"Latest news from Canadian military justice", available at http://www.foroijm.org/noticia/lastes-news-form-canadian-military-justice/ (accessed 23 August 2016); news dates: 22 July 2016, 25 July 2016;

 __________"Making Use of Neutral Forces: Mediation of Performance Appraisal Disputes within the Canadian Forces", (Autumn 2011) 11(4) Canadian Military Journal; available at http://www.journal.forces.gc.ca/index-eng.asp  and http://www.journal.forces.gc.ca/vo11/no4/08-madden-eng.asp (accessed on 15 December 2011); also available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1604729 (accessed on 2 August 2014);
FRANÇAIS :
___________"Le recours à des forces neutres: la médiation pour régler les différends portant sur l'appréciation du rendement au sein des Forces canadiennes', (automne 2011) 11(4) Revue militaire canadienne; disponibe à http://www.journal.forces.gc.ca/index-fra.asp et http://www.journal.forces.gc.ca/vo11/no4/08-madden-fra.asp (vérifié le 15 décembre 2011);

Image source: http://mdlo.ca/wp-content/uploads/2016/01/2015-Conference-Proceedings.pdf, accessed 22 January 2016
Mike Madden

___________"A Model for Excluding Improperly or Unconstitutionally Obtained Evidence"(January 12, 2015) Berkeley Journal of International Law (BJIL), Forthcoming; available at SSRN: http://ssrn.com/abstract=2548851 , accessed 1 December 2015;

Image source: http://www.navalreview.ca/volume6-issue4/, accessed on 11 May 2014
___________"Naval Chameleons?  Re-Evaluating the Legality of Deceptive  Lighting  Under International Humanitarian Law", (2011)  6(4) Canadian Naval Law Review 4-9; available at http://naval.review.cfps.dal.ca/archive/8465465-5645648/vol6num4art2.pdf  (accessed on 22 May 2012);

Discussion on perfidy in IHL, particularly as the concept is applied to deceptive lighting of warships at sea.  An analysis of conventional and customary IHL
will demonstrate that many ambiguities and grey areas exist in the laws that purport to distinguish between permissible ruses of war and illegal acts of perfidy.
An investigation into the practice of deceptively lighting naval vessels during armed conflicts will reveal that some more careful analysis of the practice might
be necessary for Canadian naval commanders if they wish to avoid violating perfidy prohibitions.
(source: http://web.archive.org/web/20120119140132/http://www.icrc.org/eng/assets/files/2011/ihl-bibliography-2nd-trimester-2011.pdf, p. 22, accessed 16 March 2015)

Abstract

A combatant in an armed conflict, like a wolf in sheep’s clothing, can seek to gain a tactical or strategic advantage by resort to deception and trickery.
International Humanitarian Law (IHL), however, distinguishes between permissible ruses of war and illegal acts of perfidy. How, then, should combatants
conduct themselves so as to avoid violating IHL’s perfidy prohibitions? This article argues that belligerents should interpret prohibitions against perfidy
in a purposive manner (looking to causative links that may exist between perfidy and harm) in order to avoid eroding the protection that IHL affords to
designated groups. A close analysis of potentially perfidious land, air and sea combat practices will further reveal that some accepted practices may
need to be reassessed and/or ceased if States wish to comply with purposively interpreted perfidy prohibitions.
(source: http://jcsl.oxfordjournals.org/content/17/3/439.abstract, accessed 4 July 2016)

___________on MADDEN, Mike, on career in Canadian Forces and publications, see https://ca.linkedin.com/in/mike-madden-2893b911 (accessed 24 February 2019);

Image source: https://journals.uvic.ca/index.php/appeal/issue/view/937/showToc, accessed 28 September 2016

___________“Sui Not-So-Generous: The Unconstitutionality of Canadian Court Martial Jury Trials”,  (2009) 14 Appeal: Review of Current Law and Law Reform 24-36; available at http://works.bepress.com/cgi/viewcontent.cgi?article=1002&context=mikemadden (accessed on 20 October 2009); also available at SSRN: http://ssrn.com/abstract=1384178; see http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1384178 (accessed on 28 August 2009);

MADDEN, Mike and J. Jason Samson. “Entrench the Bench! Canada’s Pressing Need for a Permanent Military Court.” (2009) 55 The Criminal Law Quarterly 215-239; with the same title at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1473451 (accessed on 6 July 2010);

Chris Madsen, photo reproduced from http://www.cfc.forces.gc.ca/136/284-fra.html  (accessed on 31 March 2014)

MADSEN, C.M.V. (Chris Mark Vedel), 1968-,  Another Kind of Justice : Canadian Military Law from Confederation to Somalia, Vancouver : UBC Press, c1999, x, 236 p., ISBN: 0774807180; Research Note: see important and excellent bibliography at pp.195-220; limited preview available at http://books.google.com/books?id=uPJIvl19-koC&printsec=titlepage&dq=Canadian+Military+Law+Annotated&lr=&as_brr=0&source=gbs_toc_s&cad=1 and at http://books.google.com/books?id=uPJIvl19-koC&dq=Canadian+Military+Law+Annotated&lr=&as_brr=0&source=gbs_summary_s&cad=0 (accessed on 9 July 2008); chapter 1, "Modest beginnings" is available at https://www.ubcpress.ca/asset/12440/1/9780774807180.pdf (accessed 5 February 2019); copy at the Library of the Supreme Court of Canada, KF7209 M33 1999 (Room E); copy at Ottawa University Law Library: KE 6800 .M32 1999; IMPORTANT CONTRIBUTION;

___________"Canada's troops lack solid grasp of military law" 28 April 1997 27(2) University of Calgary Gazette; available at http://www.ucalgary.ca/uofc/events/unicomm/Research/somalia.html (accessed on 23 April 2014);

When Madsen applied for the defence department's R.B. Byers Fellowship at the end of 1995, officials were making erroneous statements about Canadian military
 history by declaring the Somali incident to be the first of its kind.

"It just wasn't true," Madsen says. "Military history is one of these areas they've ignored . . . . These aren't new problems."

Canadian soldiers have been involved in other criminal acts, including the rape of civilians in the Korean war, and the murder of nine prisoners in the Boer War.

Madsen says the army tends to assign blame to individuals and look no further. His report, however, will propose several systemic changes.

Parliament must, he says, take a more active role in shaping defence policy and limit the role of bureaucratic "mandarins." One question that's never been
satisfactorily addressed is why Canadian soldiers -- particularly an airborne regiment -- were in Somalia in the first place. Just because Canada has a history of
peacekeeping involvement doesn't mean the military should take on every assignment that comes up, he says.

A reorganization of the Judge Advocate General's office, the main unit in the defence department that deals with legal matters, would prevent some of the
 "stagnation" that has reduced the office's effectiveness, he says. For example, bringing in civilian lawyers would help in such areas as real estate law, international law and contracts.

"There is a myth that soldiers can only talk to other soldiers," Madsen says.

___________"The Canadian Army and the Maltreatment of Civilians: The Korean Example", unpublished paper presented at the Qualicum History Conference, 5 February 1994; title noted in WATSON, Brent Byron, Far Eastern Tour: The Experiences of the Canadian Infantry in Korea, 1950-53, infra, at p. 380, footnote 55 (thesis) and p. 215, note 54 (book form);

___________"Courts Martial in the Royal Canadian Navy, 1951-1967", in Richard Howard Gimblett, 1956-, and Richard O.(Richard Oliver)  Mayne, 1971-, eds., People, Policy and Programmes: Proceedings of the 7th Maritime Command (Marcom) Historical Conference (2005) / Des Personnes, des politiques et des programmes: actes de La 7e Conférence du Commandement Maritime (Comar) Sur L'Histoire Militaire (2005), Ottawa: Canadian Naval Heritage Press, 2008, 287 p.; ISBN: 0662480503; 9780662480501; copy at University of Ottawa, FC 231 .M37 2005;

___________Chris Madsen's Publications available at https://ca.linkedin.com/in/chris-madsen-31589350 (accessed on 21 August 2017);

___________Kurt Meyer on Trial: A Documentary Record / edited and introduced by P. Whitney Lackenbauer and Chris M.V. Madsen, Kingston, Ontario : Canadian Defence Academy Press, 2007, xi, 697 p., ISBN: 9780662461692 and 066246169X;  Read it all at https://www.academia.edu/222219/Kurt_Meyer_on_Trial_A_Documentary_Record._Kingston_CDA_Press_2007._xii_697_pp._With_Chris_Madsen._ (accessed 3 May 2018);

___________"Legal  Education in the Canadian Forces  from Historical  and Contemporary Perspective", Paper presented on a Continuing Legal Education (CLE) panel “The State of Military-Legal Education in Canada” at the Canadian Bar Association Canadian Legal Conference and Expo in Vancouver, British Columbia on 16 August 2005, 30 p.; available at http://www.cba.org/cba/annualmeeting/pdf/2005_madsen.pdf  (accessed on 23 July 2008);

___________"Military Justice, The Anglo-American  Tradition", article,  published on line, 11606 words, in Military History, ISBN: 9 780 19979 1279, Oxford Bibliographies, see http://www.oxfordbibliographies.com/view/document/obo-9780199791279/obo-9780199791279-0045.xml#obo-9780199791279-0045-bibItem-0001 (accessed on 23 January 2013); note: "Oxford Bibliographies Online is available by subscription and perpetual access to institutions and individuals.   For more information or to contact an Oxford Sales Representative";  see also http://www.oxfordbibliographies.com/view/document/obo-9780199791279/obo-9780199791279-0045.xml (accessed 10 January 2016);

General

Because each nation has different laws and traditions, it is hard to make generalizations about military justice applicable to all, though commonalities
certainly exist. Each armed forces is unique in character, and even within those, individual service environments may have distinct attitudes and methods
in regard to the maintenance of discipline. The historical trend has been toward greater uniformity across armed forces and closer mirroring of civilian
criminal jurisprudence, in response to societal change. Reform of military law periodically becomes an issue when it falls too far behind or when some
particular event happens that shakes public confidence in the military. Sherrill 1970 notes the practical nature of military justice as a separate form of
legal jurisprudence that serves the particular needs of militaries in being operationally effective. Bishop 1974 describes the public pressure that can build
when doubts are raised about militaries that have not performed according to expectations and the disappointment in the administration of military justice.
Many writers are critical of military justice, premised either on the need for improvement or on the backwardness and supposed conservatism of military
institutions. Other writers focus on the general aim and mechanics of military justice (for our purposes here, as practiced in the United States; other nations
have similar how-to works). Davidson 1999 provides a basic guide to the practice of military criminal law geared toward a predominantly nonlegal audience,
especially those either in or entering the military profession. Morris 2010 meets a similar need and, in focus and content, reflects the broader interpretation
given to military justice today compared with earlier decades. Military justice, or rather military legality, touches upon many operational matters of interest
to militaries, because the requirement for discipline and good behavior in the military context cannot be divorced from the core mandate of armed forces.
Historical treatment of military justice is still catching up to this broader focus and to changes to military law itself. It is a very specialized field that requires
some knowledge of the law and how it has been practiced in armed forces over time. In the early 21st century, good overviews focused on the history are yet
to be written.
[source: http://www.oxfordbibliographies.com/view/document/obo-9780199791279/obo-9780199791279-0045.xml#obo-9780199791279-0045-bibItem-0002, accessed 10 January 2016]

___________Military law and operations, Aurora (Ontario): Canada Law Book, c2008-, three loose-leaf volumes, 26 cm.; Updated once or twice a year, ISSN:1918-2236; copy at the Supreme Court of Canada Library KF7210 ZA2 M33 2008 (Room E); see 2011 detailed Table of Contents; see recent 2016 Table of Contents; IMPORTANT CONTRIBUTION;

___________"Military Law, the Canadian Militia, and the North-West Rebellion of 1885", (Spring 1998) 1(1) Journal of Military and Strategic Studies -- The Electronic Journal of the Centre for Military and Strategic Studies, article number 5; available at http://web.archive.org/web/20031008215733/http://www.stratnet.ucalgary.ca/journal/1998/article5.html; also available at http://www.jmss.org/jmss/index.php/jmss/article/view/21/20 (accessed on 24 March 2012); IMPORTANT CONTRIBUTION;

___________"Military Responses  and Capabilities in Canada's Domestic Context Post 9/11", (Spring 2011) 13(3)  Journal of Military and Strategic Studies 1-18; available at http://www.jmss.org/jmss/index.php/jmss/article/view/409 (accessed on 24 March 2012); also available at http://jmss.synergiesprairies.ca/jmss/index.php/jmss/article/viewFile/409/417 (accessed 3 July 2015); also available at http://jmss.org/jmss/index.php/jmss/article/view/409/417 (accessed 11 June 2017);

___________on Chris Madsen, see  HARRIS, Greg, "Canada's troops lack solid grasp of military law",  University of Calgary Gazette, 28 April 1997, vol. 27, number 2; article about the work of Chris Madsen; available at (accessed 3 March 2017);

Giving Canadian soldiers a stronger grounding in military law would help prevent other tragedies like Somalia, says a U of C post-doctoral fellow.

Chris Madsen, a research fellow in the U of C's Strategic Studies Program, will make that recommendation and others in a report to the Department of National Defence in August.

He says the torture and murder of Somali teen Shidane Arone in 1993 can be seen, in part, as "symptomatic of a training deficiency.

"The Canadian army calls itself a professional force, but somewhere along the line they forgot professionalism is something you continually have to work on," says Madsen.

A soldier's knowledge of military law tends to begin and end with rules of engagement, but proper interpretation of those rules requires a sound knowledge of military law, he says. And in the last 30 years, there has been a "gradual slide" in the way military law has been taught to service personnel.

When Madsen applied for the defence department's R.B. Byers Fellowship at the end of 1995, officials were making erroneous statements about Canadian military history by declaring the Somali incident to be the first of its kind.

"It just wasn't true," Madsen says. "Military history is one of these areas they've ignored . . . . These aren't new problems."

Canadian soldiers have been involved in other criminal acts, including the rape of civilians in the Korean war, and the murder of nine prisoners in the Boer War.

Madsen says the army tends to assign blame to individuals and look no further. His report, however, will propose several systemic changes.

___________"Victims of Circumstance: The Execution of German Deserters by Surrendered German Troops under Canadian Control in Amsterdam, May 1945",  (1993) 2(1)  Canadian Military History 93-113;  available at http://www.wlu.ca/lcmsds/cmh/back%20issues/CMH/volume%202/issue%201/Madsen%20-%20Victims%20of%20Circumstance%20-%20the%20Execution%20of%20German%20Deserters%20by%20Surrendered%20German%20Troops%20Under%20Canadian%20Control.pdf (accessed on 21 May 2012); also available at http://scholars.wlu.ca/cgi/viewcontent.cgi?article=1121&context=cmh (accessed 7 January 2016);

Canadian newspapers, after interviews with former Canadian officers and other witnesses, presented strong evidence of active Canadian participation in the execution.
Conseqently, Brigadier William J. Lawson, then Judge Advocate General, appointed Group Captain J.H. Hollies to undertake a full departmental investigation.  This
military legal officer searched relevant Canadian documents, and made a three-day whirlwind trip to West Germany.  Based on Hollies' findings, an embarrassed Hellyer
confirmed, in the House of Commons on 21 December 1966, Canadian involvement in the execution, but suggested "that in view of the fact it is now over 20 years since
the war ended, nothing is to be gained by carrying this matter further." [p. 108, footnotes omitted]

MAGUIRE, John C. (John Campbell), 1957-, "Fashioning an Equitable Vision for Public Resource Protection and Development in Canada: The Public Trust Doctrine Revisited and Reconceptualized, (1997) 7(1) Journal of Environmental Law and Policy 1-42;

Image source: www.linkedin.com (accessed 18 May 2015)
John Maguire
___________Linked in, available at https://www.linkedin.com/pub/john-maguire/6b/a6/b54?trk=seokp_posts_secondary_cluster_res_author_name (accessed on 26 April 2015); vast military experience;

___________on MAGUIRE, Commander John, see McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office of the Judge Advocate General, c2002, at pages 139 and 141, available at  103-242;

___________on MAGUIRE, Commander John, see Pugliese, David, "Rank injustice: Seven cases from Canada's military: A Nine-Part Report", The Ottawa Citizen, 12 October 1999, at p. 12;

Some worry that the Defence Department is further ensuring that outsiders can't see how it investigates itself
with recently announced changes to the military justice system. Those changes give the Canadian Forces, for
the first time, the jurisdiction to try sexual assault cases involving military personnel in Canada.

But Cmdr. John Maguire, who was involved in the development of the new policy changes in the military
justice system, said the Defence Department decided it needed jurisdiction over sex assaults because such
incidents are damaging to a unit's cohesion and impair military efficiency. He said the NIS is in charge of
investigating sex assaults.

Court martial rulings, he also pointed out, are often more harsh than civilian courts in dealing with sexual
assault.

Cmdr. Maguire also dismissed concerns that because those in the military justice system wear a uniform
and salute senior officers, there is a lack of independence. "We have a strong sense of duty to uphold law,"
he said. "We are obliged under regulation to enforce law. Every member of the (Canadian Forces) is required
to report infractions. There is a code of ethics."

Cdr John Maguire receiving his diploma of achievement for the OPDP program from BGen Pierre Boutet, JAG, image source: JAG Newsletter/Bulletin d'actualités du JAG, volume 1, Part 1, Jan-Feb 98 (posted 21 December 2016)

___________Out of Conflict: A Principled Vision for the Future of the Crown-Aboriginal Fiduciary Relationship, LL.M. thesis, Dalhousie University, 1997, x, 396 p.; available at http://www.nlc-bnc.ca/obj/s4/f2/dsk2/ftp04/mq24876.pdf (accessed on 3 March 2012); Captain (N) Maguire was appointed Director of Military Prosecutions (DMP) by the Minister of National Defence on 19 September 2009;

- 2 December 1999,  to give consideration to the bill, available at https://sencanada.ca/en/Content/Sen/committee/362/lega/04ev-e (accessed 28 October 2017);

- 15 December 1999,  to give consideration to the bill, available at https://sencanada.ca/en/Content/Sen/committee/362/lega/07ev-e (accessed 28 October 2017);

Percy H. Maguire was born in Elgin, Manitoba, on October 14, 1899. His family moved to Saskatchewan
in 1910, and he attended high school in Saskatoon. In 1918 he enlisted in the Royal Air Force and then
entered the University of Saskatchewan, graduating with a Bachelor of Arts degree in 1921 and a law
degree in 1924. Mr. Maguire was admitted to the Bar in 1924 and spent the following year studying as a
special student at Harvard Law School.

From 1925 to 1936, he practiced in partnership with Carroll, Sheppard & Maguire. In 1936, he and Emmett
Hall formed their own law firm in Saskatoon. In 1937, Mr. Maguire was appointed King’s Council. He practiced
law in Saskatoon until he was appointed to the Court of Appeal in 1962.

During the Second World War, he served for a time as acting City Solicitor. He also served for four years in
Ottawa in the Judge Advocate-General’s office for the Canadian Army. Mr. Maguire was discharged in 1946
with the rank of Major.

During his years in Saskatoon, Mr. Maguire was active in civic affairs and was a member of many service
clubs. He served as vice-president of the Saskatchewan chapter of the Canadian Bar Association in 1959
and 1960, and served as the president of the Saskatoon Bar Association. He was also one of the first
directors of the Saskatoon Hilltops.

Justice Maguire served on the Court of Appeal until his retirement in 1974. He passed away on November 19, 1984.

[Emphasis in bold and oversize added by François Lareau]

Résumé
Jusqu'à présent, les obligations juridiques des états utilisant les compagnies militaires privées pour défendre leurs forces militaires publiques n'étaient pas très définies.
Récemment, des initiatives internationales telles que "Montreux Document" et le "Draft International Convention on the Regulation, Oversight and Monitoring of Private
Military and Security Companies" ont tenté de clarifier le droit afin de réduire les risques posés par l'utilisation de compagnies privées dans un rôle militaire. Cet article
cherche à situer le Canada dans ce cadre juridique amilioré et à fournir un point de départ à des recherches futures dans ce domaine.
[source pour le résumé: https://biblio.caij.qc.ca/recherche#q=(military%20law)&first=10&t=biblio&sort=relevancy&m=detailed&i=5&sb=advanced&bp=results, site consulté le 24 septembre 2017]

Ilario Maiolo

Ilario Maiolo is a lawyer and part-time-professor at the University of Ottawa. Previously, he worked for the Canadian Red
Cross as Senior Legal Advisor before becoming the Director of government relations, policy and international human rights.
Before joining the Red Cross, Ilario worked as a Consultant for Global Affairs Canada. He also gave conferences in
universities across Canada on the themes of international human rights and international law regarding natural and human
disasters and published two articles on this matter. Ilario is a member of the Barreau du Québec and the Law Society of
Ontario. He studied at the University of Ottawa and is licensed in civil (LL.L.) and Common Law (LL.B.). He also holds
a masters degree in international law from the University of Geneva.

Description:

The course addresses the philosophy, principles and practical application of International Humanitarian Law (IHL).
Also known as the law of war, or the law of armed conflict, international humanitarian law consists of the international
rules governing the conduct of hostilities, the methods and means of warfare, and international rules designed to protect
the victims of armed conflict.  The course will begin by placing international humanitarian law within a broader
theoretical and legal context. The course will consider the historical development of IHL, its sources and its fundamental
principles, such as the principles of humanity, military necessity, distinction between civilians and combatants, and proportionality.

The course will then examine  specific conventions and issues, including the four 1949 Geneva Conventions and their
historical antecedents; the 1977 Protocols; and the laws of the Hague. Students will then be called upon to consider some
contemporary challenges, such as the legality of the use of nuclear weapons; the environmental consequences of armed
conflict; the emergence of cyberwarfare; the protection of journalists, humanitarian agencies and peacekeepers; the status
of ‘unlawful combatants’; the protection of cultural property; and the specific protection of women and children.

Congratulations to Afton Maisonneuve, this year’s recipient of the Sword & Scale Essay Contest run by the Military
Law Section of the Canadian Bar Association. The prize is presented annually for the best scholarly paper in Canadian
military law or justice, public policy or public affairs related to Canadian military law and regulation touching on
military law or national security.

 

Her essay “Neither Charity nor Special Treatment: Amendments to Sustainably Modernize the Canadian Forces
Members and Veterans Re-establishment and Compensation Act” provides a chronological overview of important
amendments to the Veteran’s Charter and a discussion of future proposed amendments as well as a commentary on
the practical challenges surrounding Veteran benefits.

She has an important background in military law:

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

You can consult part of this background in the following documents:

- Special  Legal Advisor to the SPECIAL ADVISORY GROUP ON MILITARY JUSTICE AND MILITARY POLICE INVESTIGATION SERVICES,
Report of the Special Advisory Group on Military Justice and Military Police Investigation Services, [Ottawa]: [Department of National Defence], 25 March 1997,
viii, 73 p. and other paginations with the Annexes (series; Report to the Prime Minister), (Chairman: The Right Honourable Brian Dickson; Members:
Lieutenant General Charles H. Belzile (Retired) and Mr. J.W. Bird), this report also know as "Dickson Report I" is available at
http://web.archive.org/web/20021016134113/http://www.dnd.ca/eng/min/reports/Dickson/justictc.htm and http://web.archive.bibalex.org/web/20041013002211/http://www.forces.gc.ca/site/minister/reports/dickson/justindex_e.htm
(accessed on 5 July 2009); also available at http://responsesystemspanel.whs.mil/public/docs/meetings/20130924/materials/allied-forces-mil-justice/canada-mj-sys/04_Dickson_Rpt.pdf (accessed on 22 May 2014);
 see Annex B and F;
- member and legal advisor of the Military Police Services Review Group, Report of the Military Police Services Review Group Presented to the Vice Chief of
Defence Staff on 11 December 1998, available at http://web.archive.org/web/20021023144225/http://www.dnd.ca/menu/press/Reports/mps/eng/Report_e.html;

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

[research note: posted on Francois Lareau's military blog on 16 November 2015; amended 13 January 2016] 

Sean Maloney, image source: http://mediaspotme.com/search?query=Canadian%20civil-military%20relations, accessed 19 April 2014
___________Homeland Defence: The Canadian Context 1940-2000, Kingston: National Defence, Directorate of Land Strategic Concepts (DLSC), DLSC Research note: 01/02, January 2001, 55 p; available at http://www.army.forces.gc.ca/DLCD-DCSFT/pubs/archive/RN0102%20-%20S%20Maloney%20-%20Homeland%20Defence%20Jan%2001.pdf (accessed on 16 Dexcember 2011);

___________"Purple Haze: Joint Planning in the Canadian Forces from Mobile Command to J-Staff, 1975-1001 (Part 1)", (Winter 2002-2003) 5(4) The Army Doctrine and Training Bulletin. 56-72, available at http://publications.gc.ca/collections/Collection/D12-9-5-4E.pdf (accessed 14 May 2019);

It took another year, almost 21/2 years after the initial directive had been implemented, to finalize a
CF command and control policy. The exact reasons why the process was drawn out are obscure, but
it appears as though there were snags discovered by the judge advocate general staff over the exact
legal authority of the Chief of the Defence Staff to command. At one point it even appeared that
the Chief of the Defence Staff might only have the authority to advise in the command of the CF
as opposed to actually doing so.  [at p. 61]

MALTAIS, Bruno, "Un travail axé sur le compromis: À quelques jours de son retour au pays, le juge québécois Pierre Boutet. qui a été à la tête du Tribunal spécial pour la Sierra Leone pendant six ans, commente son expérience dans une entevue à Radio-Canada.ca", mise à jour le 9 avril 2009, disponibel à http://www.radio-canada.ca/nouvelles/International/2009/04/08/006-entrevue-juge-boutet.shtml (vérifié le 21 février 2015);  le Brigadier-général (retraité) Pierre Boutet est un ancien Juge-avocat général des Forces canadiennes;

Image source: https://ca.linkedin.com/in/arnavmanchanda, accessed 27 August 2016
Arnav Manchanda
MANCHANDA, Arnav, "Book Review : The Taliban Don’t Wave.  Semrau, Robert. The Taliban Don’t Wave. John Wiley & Sons, Mississauga ON, Canada, © October 30 2012. $17.52 (paperback) ISBN 978-1-11826-118-7 (print); 978-1-118-26160-6 (ebk)", (Spring 2013) 18(1) On Track 41-42, available at (accessed 27 August 2016); Note: On track is published by the Conference of Defence Associations Institute; available at http://www.cdainstitute.ca/images/ontrack18n1.pdf (accessed 27 August 2016);

When it comes to the mercy kill incident in October 2008 that would change his life, Semrau abruptly and briefly
switches to reprinting what is available in the public record from his court martial, deliberately declining to provide a
firsthand account. In an interview with CBC in September 2012, Semrau asserted that some memories were difficult to
deal with, and that that particular incident is something he was not willing to talk about. But at the same time, he writes
that he felt he was unfairly not provided with a right during his court martial to recount what had happened. But neither
does he do it in the book – and this is very odd.

Semrau holds the investigative process that led to his demotion and dismissal in extremely low regard. He
wonders if any of the 􀏐ive members of his court martial had “ever been shot at”, “heard a bullet” or “been literally soaked
in another man’s blood, or held a fellow soldier as he was dying.” These are powerful words, but they lack explanatory
power as to why he continues to not provide us with his side of the story. He does not provide the reader with the details
of that particular incident, and thus the reader cannot fully ever – while perhaps wanting to – empathize with him and
his actions. Perhaps he did not want to use the dead insurgent as an excuse for his behaviour in an issue that became so
politicized, saying that the “truth of that moment will always be between me and the insurgent.” Or perhaps he invokes
a battle􀏐ield exceptionalism, in line with those who believe that those who have experienced the reality of combat stand
apart from those who have not. (p. 42)

 image and information source: mhs.mb.ca/docs/people/tritschler_ge.shtml
The judge was former Col. George
Tritschler, from the JAG, who later became the Chief Justice of the
Manitoba Court of Appeal.

MANCHESTER GUARDIAN,THE, "Mother not guilty of Murder", The Manchester Guardian (1901-1959), Feb 8, 1957, p.9; note: "Canadian court-martial Baden-Baden
February 7 Mrs Doris Joan Stevenson aged 35 the London-born wife of Canadian..." ; source: © ProQuest LLC All rights reserved;; defence counsel at
the Baden-Baden, West Germany trial was Captain D.S. Collins from Terrace, British Columbia; the judge was from Manitoba: George Tritschler;

- For further research on this case, see:


Article: Presse canadienne, "Mme Stevenson
acquittée de l'accusation d'avoir tué son bébé
d'un mois", La Presse, jeudi, 7 février 1957, à la p.3, article disponible à:
collections.banq.qc.ca/ark:/52327/2877306 (consulté le 1er avril 2018);


- "Procès de Doris Joan Stevenson", La Presse, mercredi, 6 février 1957, à la p. 13; disponible à http://collections.banq.qc.ca/ark:/52327/2877298 (vérifié le 1er mars 2018);

 Image source: https://sites.google.com/a/umn.edu/giovanni-mantilla/, accessed 30 September 2016
Giovanni Fabrizio Mantilla
MANTILLA CASAS, Giovanni Fabrizio, Under (Social) Pressure: The Historical Regulation of Internal Armed Conflicts through International Law, a dissertation submitted to the Faculty of the Graduate School of the 
University of Minnesota, in partial fulfillment of the requirements for the degree of doctor of philosophy, August 2013, ix, 410 p.; available at
https://conservancy.umn.edu/bitstream/handle/11299/175520/MantillaCasas_umn_0130E_14332.pdf?sequence=1&isAllowed=y (accesed 30 September 2016); discusses Canada;











MANTLE, Craig Leslie, 1977-, ed., The apathetic and the defiant : case studies of Canadian mutiny and disobedience, 1812 to 1919 / edited by Craig Leslie Mantle ; foreword by major-general
P.R. Hussey, Kingston (Ont.): Canadian Defence Academy Press; Toronto: Dundurn Group, c2008, 496 p., ISBN:  9781550027105; copy at Ottawa University, MRT General  FC 226 .A63 2007;

__________sous la direction de, Les apathiques et les rebelles : des exemples canadiens de mutinerie et de désobéissance, 1812-1919, Kingston (Ont.): Presse de l'académie canadienne de la défense, c2008, 516 p., ISBN: 9781550027204;  




___________ed., The unwilling and the reluctant : theoretical perspectives on disobedience in the military, Winnipeg: Canadian Defence Academy Press, c2006, vii, 257 p. ; 24 cm., ISBN: 0662432517;

Manuals/Manuels of interest to a lawyer or a researcher

[see also "DND/CF Publications" in  Bibliography C to D, available at www.lareau-law.ca/military.2C-D.html]

Research note: on Manuals from JAG, see LIBRARY AND ARCHIVES CANADA, Reports and Manuals from the Office of the Judge Advocate General [textual record]. 1956-1991. Accession. RG24-B-9. BAN: 2008-00847-9. Textual material. [Access: Restricted by law]. Government. 24-166 1 90. This accession consists of various reports and manuals created and/or maintained by the Office of the Judge Advocate General.

WARNING -- THESE DOCUMENTS  OR MANUALS MAY NOT BE UP TO DATE OR CURRENT
AVERTISSEMENT -- CES DOCUMENTS OU MANUELS PEUVENT ÊTRE NON A JOUR

 Manuals -- Law of Armed Conflicy / Manuels sur le droit des conflits armés

-
Collection of Documents on the Law of Armed Conflict, **2004 edition**XHTML Version
Collection de documents sur le droit des conflits armés***version 2004 ***Version XHTML 

 Law of Armed Conflict at the Operational and Tactical Level,,***13 August 2003 edition***XHTML Version
Droit des conflits armés au niveau opérationnel et tactique***version du 13 septembre 2001***Version XHTML
see 2001-08-13 edition in English at http://web.archive.org/web/20061114215832/http://www.forces.gc.ca/jag/training/publications/law_of_armed_conflict/loac_2004_e.pdf
voir la version française du 2001-09-13 à http://web.archive.org/web/20060224223135/http://www.forces.gc.ca/jag/training/publications/law_of_armed_conflict/loac_2004_f.pdf

Code of Conduct for CF Personnel  ***undated version ---takes a while to load! and ***PowerPoint Presentation
Code de conduite for CF Personnel ***  version non datée ---prends quelques secondes à venir sur l'écran et ***Séance d'information en  Power Point  

 

--------

Lesson Plan for the: Code of Conduct for CF Personnel, Office of the Judge Advocate General, B-GG-005-027/AF-022, available at http://web.archive.org/web/20010612031347/http://www.dnd.ca/jag/jag_pdf_docs/codeconduct_lessonplan_e.pdf, accessed 29 November 2015.

Plan de leçon pour le : Code de conduite du personnel des FC, Cabinet du Juge-avocat général, l, B-GG-005-027/AF-022, disponible à http://web.archive.org/web/
20010612041027/http://www.dnd.ca/jag/jag_pdf_docs/codeconduct_lessonplan_f.pdf, visité 29 novembre 2015.

..

International Human Rights Law -- Collection of Documents, B-LG-007-000/AF-003***  1 March 2007 edition
Droit international en matière de droits de personne -- Recueil de documents, B-LG-007-000/AF-004 ***version 1^er mars 2007

LOAC Student Deskbook, probably available from CFMLC
DCA Manuel de cours, probably available from CFMLC

Intermediate Law of Armed Conflict Course (Distance Learning phase), 190 pages, available at http://docslide.us/documents/iloace.html (accessed 9 September 2015); also available at https://www.scribd.com/document/90133828/ILOAC-e (accessed 24 October 2016);

Deployment of Legal Advisers

26. Military legal advisers accompany all Canadian Forces deployed operations

and provide IHL advice on the conduct of military operations at the tactical level.

Additionally, legal advisors advise all levels of the chain of command that are

involved in the planning and conduct of military operations. Specifically, military

legal advisers must conduct a legal review of all operational plans and ROE prior

to their approval by the chain of command. Legal advisers also provide legal

advice on all targeting decisions requiring consideration by a Targeting Directive

at all levels of command. Within the Canadian Forces, military legal officers

belong to the Office of the Judge Advocate General and are under the command

of the Judge Advocate General, a General Officer who is statutorily responsible

to the Minister of National Defence. Consequently Canadian Forces legal officers

are not a part of or subject to the direction of the military chain of command. They

are able to provide independent legal advice to military commanders
(pp. 62-63/190, available at http://docslide.us/documents/iloace.html, accessed 6 April 2017)

Military Justice Manuals, etc. -- Manuels sur la justice militaire, etc.

-------

Canadian Military Justice Bulletin, Semi annual Bulletin published by DJAG/MJ Division (the image above is  for
2015 number 2)
Bulletin de justice militaire canadienne, Bulletin semi-annuel publié par la Division du JAGA/JM (l'image ci-dessus est pour le numéro 2 de 2015) 

The Code of Service Discipline and Me -- A guide to the military justice system for Canadian Forces members, undated, 14 p., ***PDF Format ; also available at http://publications.gc.ca/site/eng/475952/publication.html;
Le Code de discipline militaire et moi, sans date, 14 p.,  Format PDF; aussi disponible à  http://publications.gc.ca/site/fra/477463/publication.html;

Court Martial Procedures , Guide for Participants and Guide for the Public = Procédures devant la cour martiale, guide des partiipants et du public, A-LG-007-000/AG-001, 8 June 2012; available/disponible à  http://www.jmc-cmj.forces.gc.ca/assets/CMJ_Internet/docs/en/gpcm-cmpg.pdf (accessed 3 May 2015);

The Election to be Tried by Summary Trial or Court Martial: Guide for Accused and Assisting Officers (Bilingual), [Ottawa?], 30 November 1997, 11 p. with a 2 p. Annex, Index of Documentation of National Defencee no. A-LG-050-000/AF-001; Research Note:  the OPI for this publication is the Office of the Judge Advocate General / Directorate of Law/Military Justice; paragraph 4, p. 1 of the publication reads in part: "The purpose of this guide is to place the election to be tried by court martial in its procedural context and to provide a convenient summart, for use by accused service members and their assisting officers, of the differences betwen summary trials and courts martial, so that the accused are in a position to make an informed election"; copy at the National Library, Ottawa; "A-LG-050-000/AF-001"; copy at the University of Ottawa, FTX General,  KE 7160 .E436 1997; NOTE: superseded in 2002 by OFFICE OF THE JUDGE ADVOCATE GENERAL, Guide for accused and assisting officers : pre-trial proceedings at the summary trial level,  issued on authority of the Chief of the Defence Staff;
FRANÇAIS :
Le choix d'être jugé par procès sommaire ou devant une cour martiale: Guide à l'intention des accusés et des officers désigés pour les aider,  [Ottawa?], 30 novembre 1997, 11 p. avec une annexe de 2 p.,  index de documentation de la Défense nationale:  # A-LG- 050-000/AF-001; note de recherche: le BPR pour cette publication est le Cabinet du Juge-avocat général, Directeur juridique/Justice militaire; le paragraphe 4, à la p. 1 se lit en partie ainsi en expliquant le but de la publication: «Pour aider les militaires accusés à exercer un choix éclairé, le présent guide situe dans son contexte procédural le choix d'être jugé devant une cour martiale et résume, à l'intention des accusés et des officers désignés pour les aider, les différences entre les procès sommaires et les cours martiales"; copie à la Bibliothèque nationale, Ottawa; NOTE: remplacé en 2002 par BUREAU DU JUGE-AVOCAT GÉNÉRAL, Guide à l'intention des  accusés et des officiers désignés pour les aider : les procédures préliminaires lors d'un procès sommaire,Publiée avec l'autorisation du Cef d'état-major de la Défense;   

Guide for Accused and Assisting Officers (Bilingual) Pre-Trial Proceedings at the Summary Trial Level/ ***PDF Format Bilingual-Bilingue
A-LG-050-000/AF-001, dated 2002-08-31/Guide à l'intention des accusés et des officiers désignés pour
les aider (Bilingue) Les procédures préliminaires lors d'un procès sommaire, A-LG-050-000/AF-001, daté 2002-08-31; also
available at http://publications.gc.ca/site/eng/475651/publication.html;  IMPORTANT NEW EDITION, 2009-10-06, available at http://www.forces.gc.ca/assets/FORCES_Internet/docs/en/jag/guide-for-accused-and-assisting-officers.pdf  and at http://publications.gc.ca/collections/collection_2014/mdn-dnd/D2-349-2009.pdf ,  http://www.forces.gc.ca/assets/FORCES_Internet/docs/en/jag/manual-mil-jus-summary-trial-level.pdf  (English) et (français);

Guide for Referral Authorities/Guide à l'intention des autorités de renvoi, November/novembre 2002,***PDF Format Bilingual-Bilingue

 

-------

 The Investigation and Charging Process in the Military Justice System, available at http://web.archive.org/web/20040225132101/http://www.forces.gc.ca/jag/
training/publications/charging_and_investigating_e.pdf (accessed 30 November 2015)
- Le processus d'enquête et d'accusation du système de justice militaire, disponible à http://web.archive.org/web/20030711040204/http://www.forces.gc.ca/jag/
training/publications/charging_and_investigating_f.pdf (visité 30 novembre 2015)

-------- Source: http://www.journal.forces.gc.ca/vol12/no2/61-gibson-eng.asp

Military Justice at the Summary Trial Level v. 2.2, B-GG-005-027/AF-011, 12 January 2011,*** PDF format ***other format
Justice militaire au procès sommaire, version 2.2, 14 février 2011, B-GG-005-027/AF-011,***version PDF ***autre format

Defence Counsel Study Team, Report of the Defence Counsel Study Team on the provision of Defence Counsel Services in the Canadian Forces, Office of the Judge Advocate General, 15 August 1997,
available at  (accessed 25 March 2019), available at http://www.lareau-legal.ca/A-2018-02048.pdf; obtained under an Access  to Information Act request, National Defence Access to Information and Privacy
Request file A-2018-02048 dated 26 February 2019, available at http://www.lareau-law.ca/A1a-208-02048.pdf (accessed 25 March 2019);

-------
- Sexual Offences & Sexual Harassment, Legal and Ethical Obligations, 30 November 2015, available at http://web.archive.org/web/20080124140609/
http://www.forces.gc.ca/jag/training/publications/default_e.asp#SEXUALH and click on "Sexual Offences and Sexual Harassment...Power Point Presentation"

- Infractions à caractère sexuel et harcèlement sexuel: Obligations juridiques et éthiques, 30 novembre 2015, disponible à http://web.archive.org/web/20071213224306/
http://www.forces.gc.ca/jag/training/publications/default_f.asp et pressez sur "Les infractions à caractère sexuel et harcèlement sexuel ...séance d'information en 'Power
Pont' "

------
- Sexual Offences and Sexual Harrassment -- Briefing Notes, available at http://web.archive.org/web/20041124020535/http://www.forces.gc.ca/jag/training/publications/SexualOffences_e.pdf
(accessed 30 November 2015)
- Infractions à caractère sexuel et harcèlement sexuel -- Notes de synthèse, disponible à http://web.archive.org/web/20041124023001/http://www.forces.gc.ca/jag/training/publications/Sexual
Offences_f.pdf (vérifié 30 novembre 2015)
 

------

Training Brief for Assisting Officers -- Summary Trials, 23 May 2003, ***available on this web page under the title "Assisting Officer--Summary Trial"
Formation des officiers désignés pour aider l'accusé -- Procès sommaire, 23 mai 2003, ***disponible sur cette page web sous le titre "Formation des officiers désignés -- Procès sommaire" 

Other Manuals, publications etc.

You and the Law of War, [Ottawa]: Office of the Judge Advocate General, circa 1981, 92 p.; prepared by Colonel Armand Desroches with the assistance of Major François Lareau, JAG/Directorate of Law / Training, circa 1981; this publication is available at National Defence, Directorate of Land Concepts and Doctrine, Fort Frontenac Library. The Directorate first published 25 short articles on the law of war and some beautiful accompanying posters were also prepared and distributed in the Canadian Forces bases;

Source: You and the Law of War, circa 1981, reproduced with the permission of the Minister of Public Works and Government Services Canada and of the Canadian Forces, Office of the Judge Advocate General, 2012
Notice: This publication does not necessarily reflect the current state of the  or the current views of the Government of Canada, the Canadian Forces and  the Office of the Judge Advocate General.  This permission does not imply an
endorsement of the views of François Lareau and of the views expressed at  http://www.lareau-law.ca/ and http://www.lareau-legal.ca/
- Table of Contents;
- Complete document (92 p.);
FRANÇAIS :
Vous et le Droit de la guerre, [Ottawa]: [Forces canadiennes, Cabinet du Juge Avocat Général], circa 1981, 104 p.; ce document a été préparé par le Colonel Armand Desroches avec l'aide du major François Lareau du  "JAG/Directorate of Law/Training"  (on m'excusera mais je n'ai pas le titre en français du directorat) vers 1981; copie à Défense nationale, Direction des concepts et de la doctrine de l'Armée de terre, Bibliothèque Fort Frontenac; de magnifiques affiches en couleurs ont été préparés avec ce document et distribués sur les bases;

Source:  Vous et le droit de la guerre, circa 1981, reproduit avec la permission du Ministre des Travaux publics et Services gouvernementaux Canada et des Forces canadiennes, Cabinet du Juge-avocat-général, 2012.
Avis: Cette publication ne représente pas nécessairement l'état actuel du droit des conflits armés, ni l'état actuel des opinions du Gouvernement du Canada, des Forces canadiennes et du Cabinet du Juge-avocat général. Cette permission de reproduire n'implique pas  une approbation des opinions de François Lareau ni celles exprimées à  http://www.lareau-law.ca/ et http://www.lareau-legal.ca/
- Table des matières;
- document entier;

Some of the accompanying posters were also prepared and distributed in the Canadian Forces bases:


Source: http://collections.civilisations.ca/public/pages/cmccpublic/emupublic/Display.php?irn=1020403
&QueryPage=%2Fpublic%2Fpages%2Fcmccpublic%2Femupublic%2FQuery.php&lang=2
(accessed on 21 May 2012).




Source: https://searcharchives.ucalgary.ca/lilian-green-accession (accessed 27 February 2019)

11 of these posters were collected by Leslie C. Green, 1920-2011, and donated by Lilian Green, September 2016
to the Leslie C. Green Collection, Collection F0096, University of Calgary, The Military Museums.

CANADIAN ARMED FORCES, Canadian Forces Manual of Military Occupational Structure, volume 2, Part 1, Job Based Specification (JBS) for the Legal Officer Occupation, CCM Mercury # 889827, date approved, 21 May 2007, iv, 21 pages (look for numbers AO511583_1-A-2016-02606-047 to AO511583_26-A-2016-02606-0072, bottom right numbers on each page at http://www.lareau-legal.ca/A-2016-02606.PDF (put on line on 6 August 2017); document obtained from an  Access to information Act request to DND, see http://www.lareau-law.ca/A-2016B-02606.pdf dated 20 July 2017;

CANADIAN ARMED FORCES, Operational Law Manual, V 1, no date of publication, approx. 300 pages, B-GJ-005-104/FP-024; available at http://www.lareau-legal.ca/A-2016-02619.PDF (accessed 3 November 2017);
document obtained from an  Access to information Act request to DND, see http://www.lareau-law.ca/Empey3No17.pdf dated 25 October 2017;

CANADIAN ARMED FORCES, Qualification Standard, Legal Officer Qualification, AJCK, Regular Force 00204, Training Authority: CDA, basic date: 25/06/14, change date 20/06/14, 46 pages (look for numbers AO511582_1-A-2016-02606-001 to AO511582_46-A-2016-02606-0046, bottom right numbers on each page); available at http://www.lareau-legal.ca/A-2016-02606.PDF (put on line on 6 August 2017); document obtained from an  Access to information Act request to DND, see http://www.lareau-law.ca/A-2016B-02606.pdf dated 20 July 2017;

CANADIAN ARMED FORCES, Training Plan, Legal Officer Qualification, Regular  Force 00204, basic date: 28/10/2013 and Master Lesson Plan, available at http://www.lareau-legal.ca/A201501212_2017-02-09_14-21-38.PDF (put on line on 22 February 2017);  this document was released under Access to Information Act request A-2015-01212 (DND), 1709 pages (disclosed in part) which request summary read as folows: "Training Plan and and Master Lesson Plan used in support of the Legal Officer Qualification Course (LOQC) run by CF Military Law Centre (CFMLC) in Kingston from September 14, 2015 to October 9, 2015. The CFMLC falls under the Canadian Defence Academy"; I received records previously released under file A-2015-01212 by Kimberly Empey, Director, Access to Information and Privacy, undated (but in reality February 2017), National Defence, National Defence Headquarters' letter file AI-2016-00223, available at http://www.lareau-legal.ca/Training21.pdf (put on line on 22 February 2017); IMPORTANT DOCUMENT.

 Image source: picclick.com/Collectibles/Militaria/WW-II-1939-45/Original-Period-Items/Canada/?page=68

 Image source: https://www.ebay.com/itm/252858819273. accessed 24 February 2019

NAME(S):* Canada.  Canadian Army.  Judge Advocate-General
TITLE(S): Canadian army handbook on district courts-martial, 1941 
                    (December) / prepared by officers of the Judge 
                    Advocate-General's Branch in Collaboration with 
                    Officers of other Branches
                   Handbook on district courts-martial
PUBLISHER: Ottawa : E. Cloutier, King's printer, 1941.
DESCRIPTION: 78 p. ; 25 cm. [Information from AMICUS catalogue]

Canada, Office of the Judge Advocate General, Basic operational legal advisor, course 8501, 15-19 April 1985, Cornwall, Ontario, deskbook
Cours de conseiller juridique, 15-19 avril, 1985, [Cornwall? Ont.] : Canadian Forces, Office of the Judge dvocate General, [1985?], 502 p. : ill. ; 30 cm.
NOTES: Title on cover: Basic operational legal adviser, course 8501, 15-19 April, 1985, Cornwall, Ontario = Cours de conseiller juridique, 15-19 avril, 1985;
copy at the University of Alberta, Rutherford Library, Edmonton, call number: JX 4521 C212 1985;






CANADA, Office of the Judge Advocate General, Digest of Opinions and Rulings, Ottawa: March 31, 1944, compiled from the records
of the Office of the Judge Advocate General at National Defence Headquarters, [Ottawa, 1944], 353, [35] p.; available at http://www.lareau-legal.ca/A-2018-02026.pdf;
obtained under an Access  to Information Act request, National Defence Access to Information and Privacy
Request file A-2018-02026 dated 12 March 2019, available at http://www.lareau-law.ca/A2a-2018-02026.pdf (accessed and put on line on 29 March 2019);

Canada, Office of the Judge Advocate General, Sixth basic law of armed conflict course, 30 March to 3 April 1992, TCTI, Cornwall, Ontario : deskbook =
Sixième cours de base, droit de la querre, 30 mars au 3 avril 1992, IFTC, Cornwall, Ontario : cahier de l'étudiant Basic law of armed conflict: course 9201,
30 March to 3 April 1992 Cours de base, droit de la querre: cours 9201, 30 mars au 3 avril 1992 Sixième cours de base, droit de la querre, 30 mars au 3 avril 1992,
IFTC, Cornwall Ontario: cahier de l'étudiant, Ottawa : Office of the judge advocate general, 1992, 604 p. ; 30 cm. NOTES: Cover title: Basic law of armed conflict :
course 9201, 30 March to 3 April 1992, Cornwall, Ontario. On cover: Office of the Judge Advocate General; copy at the University of Ottawa, FTX (Fauteux Library)
KZ 6385 .B37 1992; 

CANADIAN FORCES MILITARY LAW CENTRE (CFMLC), President Officer Certification Training, Student Desk Book, version 2.2 (September 2012), Kingston: Canadian Forces Academy, 2012, 532 p., available at  http://www.lareau-law.ca/PresidingOfficer.pdf;  Access to Information Act request to DND, their file A-2012-01401;  MAY TAKE LONG TIME TO DOWNLOAD!

Further research:

MANUALS, that were available at Canadian Forces Military Law Centre (CFMLC) web page, http://www.cda.forces.gc.ca/cfmlc-cdmfc/index-eng.asp  (accessed on 16 June 2011)/
MANUELS qui étaint disponibles au site du Centre de droit  militaire des Forces canadiennes (CDMFC), http://www.cda.forces.gc.ca/cfmlc-cdmfc/index-fra.asp (vérifié le 16 juin 2011)

- Charge Layer Aide memoire
- POCT (President Officer Cerification Training) Instructor's Manual v. 2.2/ AOP Guide d'instructeur v. 2.2.
- Collection of Documents on Domestic Operations, B-LG-007-000/AF-001
- Canadian Forces Drug Testing Manual/Manuel de dépistage des drogues au sein des forces canadiennes
- "During the reporting period, legal officers continued to provide considerable support to the Officer Professional Military Education (OPME) Program
 military law course. The OPME program includes courses on defence management, Canadian military history, leadership and ethics and military law.
The successful completion of the program is required for officers to be promoted to the rank of Major or Lieutenant-Commander. The course DCE 002
Introduction to Military Law contains a module addressing in detail the administration of military justice in the CF. The second module in the course
details the laws applicable to armed conflict. The training is offered through self-paced distance learning and condensed on-site instruction at CF bases
and wings, and is available to both officers and NCMs. During the reporting period, 1691 students successfully completed the English-language serial,
while 312 students completed the French-language serial of this course."
(source: http://www.forces.gc.ca/en/about-reports-pubs-military-law-annual-2008-09/ch-5-review-mil-education-training-0809.page, Judge Advocate General Annual Report, 2008-2009, chapter 5, accessed 11 Narch 2017)
 - The Manual of International Law in Peace Operations -- Draft Outline of the Manual's Content, available at  http://home.scarlet.be/~ismllw/actualite/ISMLLW%20464%20E%2019.pdf (accessed on 29 July 2012);
- Legal Officer Intermediate Training: Military Operations Law - 29 April 2013 to 4 May 2013, see course details at https://www.nsbs.org/event/2013/05/legal-officer-intermediate-training-military-operations-law-april-29 (accessed 4 August 2017);

The Royal Military College of Canada, Kingston,
courses POE488 and POE486:

Image source: Kijiji (item for sale at $20.00, March 2017)
-  POE 488 (Course Code), The Law of Armed Conflict, course reader, v. 2.0;   This is a course of Royal Military College of Canada Division
of Continuing Studies, Royal Military College of Canada, PO Box 17000, Station Forces, Kingston, ON K7K 7B4; Department of Political Science;
see https://www.rmcc-cmrc.ca/sites/default/files/rmcbmas-cmrbasm-bil_3.pdf (accessed 26 March 2017);
"POE488 The Law of Armed Conflict

"This course gives students a solid knowledge of the law regarding the use of force in international and non-international armed conflicts. Following an examination
of the situation of the Law of Armed Conflict within the broader context of Public International Law, there will be a general discussion of the general concepts of the
LOAC and its two branches, the jus ad bellum (the right to the use of force) and the jus in bello (the law applicable in conflict). A study of the rules includes their
applicability in operational situations, with reference to issues including the notion of combatants, prisoners of war, the treatment of civilians, the obligation to limit
unnecessary suffering and damage, the legality of certain weapons, and special cases such as child-soldiers and mercenaries. The course concludes with an examination
of means of enforcing the law, including national courts, ad hoc tribunals and the International Criminal Court.

Note(s) :

Also offered through Distance Education.
This course may count as a Military Arts credit within the BMASc programme.

Contact Hours:

3 - 0 - 6 (Distance Learning: 0 - 0 - 9)

Credit(s):

1" (source: https://www.rmcc-cmrc.ca/en/registrars-office/undergraduate-political-science-courses#poepof488, accessed 26 March 2017);

- For more information, see also https://www.rmcc-cmrc.ca/en/division-continuing-studies/distance-education-undergraduate (accessed 26 March 2017);

- Syllabus for Course POE 488A, winter 2013-2014, 9 p., lecturers: LCol Rory Fowler and Lieutenant-Commander Mike Baker, available at  http://www.lareau-legal.ca/A-2015-00669.pdf (accessed 26 March 2017);

- Military Arts and Science (DMAS), Ontario College Diploma, Seneca Faculty of Continuing Education & Training:

Overview

Seneca College delivers this exciting Ontario College Diploma developed through an innovative partnership between OntarioLearn, the Royal Military
College of Canada (RMC) and the Canadian Defence Academy (CDA). All courses are available online as well as some in class options.

The aim of the Diploma in Military Arts and Science (DMASc) is to provide Non-Commissioned Members (NCMs) of the Canadian Forces and those
interested in military affairs, a comprehensive knowledge of leadership, critical thinking, security studies, resource management and communication skills
deemed essential to the functioning of modern military or large corporations. This diploma will serve as a recognized component of the Non-Commissioned
 Members training.

The program will provide an accredited 2-year Ontario College Diploma in Military Arts and Science that is portable into the civilian workforce once NCMs
retire from their military service. The program is also open to the public. Under an articulation agreement between RMC and Seneca College, graduates of
this diploma program may be admitted into the RMC Bachelor of Military and Strategic Studies degree program with Advanced Standing.
(source: http://www.senecacollege.ca/ce/humanities/military-arts-science.html, accessed 26 March 2017)

 

 

-  POE 486 (Course Code),  Air and Space Law, This is a course of Royal Military College of Canada Division of Continuing Studies, Royal Military College of Canada, PO Box 17000, Station Forces, Kingston, ON K7K 7B4; Department of Political Science; see https://www.rmcc-cmrc.ca/sites/default/files/rmcbmas-cmrbasm-bil_3.pdf (accessed 26 March 2017);

"This course is an introduction to air and space law. The primary focus is the international and national law applicable to air operations and outer space activities, particularly
of a military nature. It also considers historical and political factors in the development of these legal regimes. The international law concepts will be instilled by reference to
the various applicable international conventions and legal principles, such as the Charter of the United Nations and the sources and nature of public international law. The study
of public air law will focus on the Chicago Convention of 1944 and the 1963 Tokyo Convention stream.  The Warsaw (1929) and Montreal (1999) Conventions relating to civil
aviation liability provide the basis for the private international air law study.  For space rights, the five major treaties governing that domain will be studied, along with the work
of the UN General Assembly and the UN Committee on the Peaceful Use of Outer Space (UNCOPUOS).  Outer space activities such as military uses and remote sensing will be
considered, as will the rights and obligations of rescue and liability.  Given the legal importance of and similarities between the outer space and air regimes and that of the oceans, the law of the sea will also be the object of analysis and discussion.

Semester:

Usually Offered in the Winter Term

Contact Hours:

0 - 0 - 9

Credit(s):

1" (source: https://www.rmcc-cmrc.ca/en/registrars-office/undergraduate-political-science-courses#poepof488, accessed 26 March 2017)

DND Publications in the National Defence Index
of Documentation (NDID)

- Manuals noted in the answer (CD with electronic files on it) from the Director, Access to Information and Privacy, their file letter A-2015-00389, dated 20 October 2015; my Access to Information Act request read as follows: "Current list of DND publications contained in the National Defence Index of Documentation (NDID) database (i.e. Publication Number/IDDN, English Title, Frenc Title, Language, OPI, Edition, Last Change Level, Last Change Date)"

        NDID CD                       TITLE                                                   OPI            LANG          STATUS           DATE                UPDATED              FORMAT
 
- B-GA-005-104/FP-024   Operational Law/Droit opérationel      JAG DLaw        B              Reserved                                     14 mar 2006            Hardcopy

- B-GG-005-004/AF-027   Legal Support to CF Operations          JAG DLawT     E              Reserved                                      27 Nov 1998          Hardcopy

- B-GG-005-027/AF-010   Legal Support to CF Operations          DJAG/Ops        E              Reserved                                      27 Nov 1998          Hardcopy
                                           vol. I, Military Justice Manual

- B-GG-005-027/AF-020   Legal Support to CF Operations          DJAG/Ops        E              Reserved                                      18 Nov 1998          Hardcopy
                                           vol. 2, Law of Armed Conflict
                                            LOAC

- B-LG-007-000/AF-001   Domestic Operations -- Collection       DLaw/T            E               Active               01 Mar 2007     15 Aug 2007           Hardcopy
                                           of Documents
- B-LG-007-000/AF-002   Opérations nationales--Recueil            DLaw/T            F               Active           
                                           de documents







Administrative Law

Administrative Law Manual Military Administrative Law Manual, 2008-10-01, A-LG-007-000/AF-010, **PDF Format**other format (also at web.archive.org/web/20130523025729/http://www.forces.gc.ca/jag/publications/mal-dam/miladminlaw-droitadminmil-eng.pdf)
Manuel de droit militaire administratif, 2008-01-01, A-LG-007-000/AF-011, ***format PDF***autre format


 

Abstract

This thesis employs John W. Kingdon's multiple-streams model of policy agenda setting and alternative specification to analyze Canada's policy response to
ethnic conflict in Kosovo in 1998/1999. By using an extensive program of interviews with former policy actors and public source documents, the thesis argues
that it was a convergence of independent problem, policy, and political dimensions that caused the Kosovo intervention to emerge on the Canadian agenda.
The research interviews contribute a comprehensive insider's view of events as they developed in Ottawa.
(source: https://carletonu.summon.serialssolutions.com/?q=kosovo+crisis#!/search/document?ho=t&l=en&q=kosovo%20crisis&id=FETCHMERGED-carletonu_catalog_b3086281a2, accessed 14 December 2015)

 

On 3 March 1870, Elzéar served as a member of the court martial for Thomas Scott,
who was accused of treason against the provisional government in the Red River. 35
Scott was an Orangeman who had recently immigrated to Red River from Upper Canada
and protested violently against Métis land rights.36  Scott not only was in support of the
Canadian government’s claiming of Métis land to be redistributed to Ontario immigrants,
but voiced racist and anti-Catholic sentiments.37  On the day following the trial, Elzéar,
with other members of the court, escorted Scott outside the walls of Upper Fort Garry and
executed him by firing squad. 38

---------



x
"Source Archivia.net ( Original title: Art by Roland Price Meade (left:
Death of Thomas Scott", source of the image for me: biographi.ca/en/bio/scott_thomas_1870_9E.html, accessed 3 January 2019

For the first time, former Canadian soldiers are speaking publicly about being tortured at the hands of the Canadian military
during a prisoner of war training exercise in the 1980s.

The men say that in February 1984 they were among 33 young recruits who were stripped naked, crowded into small military
 jail cells with windows open, denied food and, for up to two days, repeatedly sprayed with cold water. For more than 40 hours
 they were forced to listen to loud rock music.

On the afternoon of 7 June 1944, Lorne Brown, a private serving with the 3rd Canadian Infantry Division in Normandy, was bayoneted to death while trying
to surrender to troops of Nazi Germany's Tlite 12th SS Division 'Hitler Youth.' Over the next ten days, more than a hundred and fifty Canadian soldiers were
brutally murdered after capture by the 12th SS. Despite months of post-war investigation by Allied courts, however, only two senior officers of the 12th SS
were ever tried for war crimes.

Drawing extensively on archival sources, Howard Margolian reveals the full account of an atrocious chapter in history and exposes the causes - an inept and
indifferent Canadian military justice system, and a Canadian government all too willing to let bygones be bygones - of the flagrant inaction that followed.
Highly praised for both its meticulous research and its engaging passion, this book will resonate with veterans, those interested in war crimes, military buffs,
and historians. [emphasis in red bold added]

There is unfortunately little appetite by senior leaders to find solutions to technical jurisdictional issues involving
our mandate. The Judge Advocate General (JAG), who is the key legal advisor to the chain of command,showed
us his hand when he bluntly declared to us months after my appointment in 1998 that “the field was occupied”
and that there was no room for the kind of independent oversight we were pursuing. The last seven years have
shown that, in fact, not only was the field unoccupied but it proved to be fertile and ready to accommodate an
office to truly serve the needs of the troops. Unfortunately, all too often, senior leadership has not been able to
divorce itself from the JAG mindset and help us work the field and provide the Office with the tools for it to
really flourish. (p. 13)
......

The second kind of deficiency is far less defensible. When the position of Director General of the CF Grievance
Administration was established, it was set up to function under the authority of the Judge Advocate General (JAG).
It is the JAG, of course, who provides legal advice to the chain of command on matters that may end up being grieved.
It is also the JAG who provides advice to the initial grievance authority on how to respond to grievances. In effect,
the very body that assists in making decisions that may be grieved, or the grievance decisions under appeal, was given
command over the body that would ultimately and finally be deciding the grievances that remain unsettled. This was
a spectacular and obvious conflict. The simple fact that this system was adopted reveals a deficit in understanding about
the importance and nature of independent oversight. Indeed, it smacks of the kind of “trust us” attitude that is resistant
to oversight. It was only because of the intercession of Chief Justice Lamer, who pointed out the conflict, that this system
was changed. The CF Grievance Administration now falls under the command of the Vice Chief of the Defence Staff.

Still, this deficiency has not been remedied effectively. As its website reveals, the JAG continues to provide legal advice
to the CF Grievance Administration. Indeed a former JAG lawyer continues to hold the Director General Grievance
Administration position. The same body that may have advised the chain of command on matters leading to grievances,
or have advised the initial authority on how to respond, advises the CF Grievance Administration and ultimately the CDS
on what to do about it. Unfortunately, the “correction” that took place after the Five Year Review was half-hearted and
superficial. It is evident that the CF Grievance Administration needs independence from JAG influence and access to
independent legal advice in deciding grievances. (p. 23)
......

In spite of the case that I made, Departmental legal advisers, after consultation with Canadian Forces lawyers and
commanders, prepared a mandate that bore no relationship to the principles I had identified. The initial draft mandate
I was offered crafted an ineffective, feeble authority for the Office. The proposed mandate would have cast the Ombudsman,
as a senior JAG lawyer once put it to me, as a “consigliere”-type backroom intervener gently offering the chain of command
non-intrusive nuggets of advice from time to time. The mandate would have prevented the Ombudsman from conducting
investigations. The Ombudsman was to be confined to making informal inquiries, and was to refer matters back to the chain
of command with a recommendation for a board of inquiry or summary investigation. This was not civilian oversight. The
Office was treated as if it was to be cosmetic, a mere pretence of civilian involvement while the military would continue to
decide military matters, without accountability or real input. To make matters worse, in spite of what was widely understood
at the time to be a military culture that was resistant to oversight and change, the mandate was not to be supported by any
directive to members and the chain of command to co-operate with the Office.

Instead, only a platitudinous promise in a
directive from the Minister that CF authorities would be collegial and collaborative was included.  I could not accept this.
Faced with our hopelessly conflicting positions, the Minister of National Defence asked that we enter into negotiations with
military and departmental lawyers about the mandate for the Office. (p. 27)

......

The fact is that the Canadian Forces are using solicitor-client privilege in a self-serving way. When members or the chain
 of command consult with JAG in the course of their duties before acting, the human being doing the consulting is not the
client. The Canadian Forces is. While it is true that legal privilege does exist even between government lawyers and the
departments being advised, the Ombudsman is not an outsider.  The Office of the Ombudsman is independent of the chain
of command but is part of the military apparatus. In a very real sense, to invoke privilege against a DND Ombudsman is
like one arm of an organization invoking it against another arm of the same organization. Moreover, the Ombudsman is the
delegate of the Minister of National Defence. Invoking solicitor-client privilege against the Ombudsman is like invoking
that privilege against the Minister himself. Can you imagine a general saying, “Sorry Minister, but I cannot answer your
question because we acted on legal advice from the JAG.” In truth, use of solicitor-client privilege to shield information
from the Ombudsman where the client is the Canadian Forces is an opportunistic subterfuge calculated to hide information,
but it is a subterfuge we are being met with.(p. 30)

The military was disorganized and secretive in 2002 in dealing with OSI [Operational Stress Injury].
...
According to Alberta’s public examination into the suicide of Cpl. Shaun Collins, we’re exactly
where we were in 2002.
...

You’d think the chain of command might want to hear what presiding provincial court Judge Jody Moher
would like to recommend about preventing similar deaths when she reports back in a few months.

But no. Leave it the Judge Advocate General lawyers to want to gag the presiding judge in making recommendations,
making the idiotic and wrong-headed argument that the province does not have jurisdiction over the military.
Sounds like an act of desperation to avoid dealing with OSI once again. Plus ça change…

Former Federal Court of Appeal and Court Martial Appeal justice Gilles Letourneau, who also headed the Somalia public inquiry in 1995,
told me last week that smart public policy would suggest that sexual assault cases be left to civilian courts due to their seriousness and the
much-greater expertise of civilian prosecutors. I agree, especially given Maclean’s exposé of covered-up rampant sex abuse in the military.
In response to that, then-chief of defence staff Maurice Baril admonished military officers in an open letter that “Canadians demand a higher
standard of behaviour from members in uniform, and so do I.”

But let’s think about it and ask ourselves: Have we really saddled our military with too much oversight?  The military has an ombudsman,
but it’s a far cry from the parliamentary inspector general recommended by the Somalia inquiry in the 1990s. The office operates as an internal
body and has none of the statutory powers and independence of a parliamentary ombudsman.The Canadian Grievances External Review
Committee, run by a former lieutenant colonel, can make non-binding recommendations to the chief of defence staff on grievances from the
rank and file. The Military Complaints Commission offers similar avenues of complaints and investigations that civilian police have to contend with.
......

Maybe Thibault’s beef had to do with a fatality inquiry report released almost at the same time as he was airing his beef about checks and balances.
Military lawyers had attempted to stop the provincial inquiry on the absurd basis that the province had no jurisdiction over the federal government.
Provincial inquests about deaths in federal penitentiaries are routine and go unchallenged.

disponible à http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=1717715&Language=F&Mode=2#Int-1183363 (vérifié 29 juillet 2016); research note: Éric Marinacci is a former JAG officer in the seventies;




___________on MARINICI (sic), Captain Eric, see 

OTTAWA – Le droit à l’autodéfense — même préventive — justifie la légalité de la campagne aérienne en Syrie en l’absence de «consentement explicite»
du président Bachar el-Assad, a plaidé le ministre fédéral de la Défense.

Le Canada agira donc en conformité avec le droit international lorsqu’il effectuera des frappes dans l’espace aérien syrien dans l’objectif d’«éliminer» la
menace que représente le groupe armé État islamique (ÉI), a exposé mercredi Jason Kenney.

«Nos opérations militaires en Syrie sont justifiées en vertu de l’article 51 de la Charte des Nations unies, précisément en ce qui a trait au droit naturel de
légitime défense, individuelle ou collective», a-t-il dit en point de presse.

Cet avis juridique a été fourni au ministre Kenney par le juge-avocat général, qui est l’avocat militaire principal des Forces armées canadiennes (FAC).

Office of the Judge Advocate General, Canadian Armed Forces

May 2016 – Present (1 year)Ottawa, Canada Area

Directorate of Administrative Law- Grievances
Provided legal advice to the Canadian Armed Forces in relation to grievances and judicial reviews. Drafted legal opinions and memoranda on complex administrative and constitutional issues.

Directorate of Administrative Law- Compensation, Pension, Benefits, Estates and Elections
Provided legal advice to the Canadian Armed Forces in relation to the pay, benefits, pensions and estates of members. Drafted legal opinions and memoranda on a range of pay, benefits, pension and estate issues.
(source: https://ca.linkedin.com/in/byron-marrello-06274338, accessed 13 April 2017);

[Photo source: (Nov-Dec 2000) 4 JAG Newsletter-Bulletin d'actualités at p. 6,
 accessed 26 October 2017]

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- COX, Kevin, "Marsaw ends hunger strike--Navy restores his former rank", The Globe and Mail, 29 November 1996, at p. A1:

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[Source: ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview, accessed 4 November 2018]

- R. v. Marsaw, 1997 CanLII 17154 (CMAC), <http://canlii.ca/t/ggpvw>, retrieved on 2018-11-04;

-
- 

  

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Please note that the title in bold at the top of the article has been omitted

Military lawyers—lawyers who are legal officers in the Canadian Forces—
are virtually ignored in the Canadian legal literature. This article assesses
what appear to be the most striking potential legal ethics issues facing
military lawyers. Several of these issues arise because military lawyers are
both lawyers and military officers at the same time, and therefore face two
sets of obligations that interact in complex ways. Some issues, however, arise
because of the special practice contexts of military lawyers, for example,
advising military commanders on the law of armed conflict. As context for
this discussion, the article examines the relationship and tension between
the Judge Advocate General and the Minister of Justice. It concludes with
recommendations for amendments to the rules of professional conduct and
the legislation governing the Canadian Forces to resolve these ethical issues.
The article also proposes legislative amendments to clarify the relationship,
and reduce the tension, between the Judge Advocate General and the Minister
of Justice.

Description: NDP justice critic Svend Robinson, Liberal status of women critic Mary Clancy and Liberal MP Sheila Copps also want the military's
justice system reviewed, saying it allows two standards of justice for Canadians. While "the military has to deal with military matter," [George Rideout]
said, in [Christian Pepin]'s case, the crime "occurred outside of Canada and outside the base in a foreign country. The lady involved was a civilian. It
seems to have been a civilian crime committed in Hungary." Black & White Photo; CP; NDP MP Svend Robinson ... objects to sentencing.
(source: http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page&pag=nxt&pageNumberComingFrom=
3&frbg=&indx=21&fn=search&dscnt=0&scp.scps=primo_central_multiple_fe&vid=01LOC&mode=Basic&ct=Next%20Page&srt=rank&tab=default
_tab&dum=true&vl(freeText0)=Ottawa%20%22military%20justice%22&dstmp=1471629193990, accessed 19 August 2016);


   

Source: scc-csc.ca/case-dossier/info/webcastview-webdiffusionvue-eng.aspx?cas=37972&id=2018/
2018-10-16--37972&date=2018-10-16, accessed 16 October 2018

During its 1999-2000 term on the United Nations Security Council, Canada helped launch the Council's "Protection of Civilians in Armed Conflict"
agenda.  This aimed to reduce civilian war casualties through better respect for international humanitarian law [IHL].  This article reviews the agenda's
origins and evolution ten years on.  The authors focus on  Canada's  contributions in increasing the Council's efforts to protect civilians, with three main
assertions.  First,  Canada had a key role in creating and promoting the agenda, an important IHL initiative.  Second, the agenda is well established in the
Council's work, but needs further effort to ensure greater impact in specific situations. Third, Canada could develop the agenda and improve respect for
IHL if  it joins the Security Council for the 2011-2012 term, picking up its "unfinished business" from its last Council term.
(source: http://web.archive.org/web/20130407065442/http://www.icrc.org/eng/assets/files/2012/ihl-bibliography-4th-trimester-2011.pdf, at p. 31, accessed 16 March 2015)

Calgary military reservist Darryl Watts won’t have to serve jail time for his role in a deadly Afghan training exercise
three years ago, a judge ruled Wednesday.

 

Instead, Watts was stripped of his rank as major in the Canadian Forces and reduced two levels to a lieutenant.

Cmdr. Peter Lamont said the jail term sought by the prosecution was too harsh, but Watts required more than the
simple reprimand sought by the defence.

The detainees' imbroglio figured prominently in the resignation of defence minister Gordon O'Connor. It prompted revelations by diplomat
Richard Colvin that tore holes in the government's credibility. It prompted a mea culpa by Chief of the Defence Staff Walter Natynczyk.
It was a factor behind Stephen Harper's much-regretted decision to prorogue Parliament, a move that sparked a national protest. It led to
an extraordinary ruling from House Speaker Peter Milliken condemning the government for breach of parliamentary privilege in its refusal
to release uncensored documents.

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

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of the mouse allows to zoom in or out of the web page being viewed

ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca..., accessed 13 March 2019

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Note: title omitted from article's image above.

  

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

MARX, Herbert, " 'The 'Apprehended Insurrection' of October 1970 and the Judicial Function", (1972) 7(1) UBC Law Review 55-69;

____________ "The Emergency Power and Civil Liberties in Canada", (1970) 16 McGill Law Review 39-91; Herbert Marx was one of my law professors of constitutional law in the early 1970s at the University of Montreal; he also became the Quebec  minister of justice and later on a judge;  available at http://lawjournal.mcgill.ca/userfiles/other/4841543-marx.pdf (accessed 18 October 2018);

___________ "Human Rights and Emergency Powers", in The Practice of freedom : canadian essays on human rights and fundamental freedoms, Toronto: Butterworth, 1979, at pp. 439-462;

MASON, J.A.R.  (Jim), "Case and Comment : Military Tribunals -- Restraint of By Civil Courts -- Habeas Corpus and Prohibition", (1946) 24 Canadian Bar Review 210-217; Research Note: article comments in part on In the Matter of the King v. George Hector Thompson, [1946] O.R. 77 (LeBel J.) and The King v. George H. Thompson, [1946] O.W.N. 217 (Urquhart J.); available at : https://cbaapps.org/cba_barreview/Search.aspx?VolDate=06%2f01%2f2017, accessed 22 October 2017;

___________"Group Capt. Mason Arrives Home", The Globe and Mail, 3 February 1945; available at https://search-proquest-com.ezproxy.biblioottawalibrary.ca/docview/1356073650/330F5E87FB024E65PQ/15?accountid=46526 (accessed 19 July 2018); legal officer with the OJAG;

____________on MASON, Group Captain J.A.R., see McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office of the Judge Advocate General, c2002, at p. 59, available at i-xii and 1-102

___________on MASON, Group Captain J.A.R., having authority to perform "the powers, duties and functions of the Judge Advocate-General", see :

-  HUNTER, T.M., Some aspects of disciplinary policy in the Canadian  services, 1914-1946, [Ottawa?] : Army Headquarters, Historical Section, report number 91, 15 July 1960, 131 leaves, at p. 89, paragraph 115, 29 cm;  "NOTES: "This report was prepared by Lt.-Col. T.M. Hunter, a  member of the Law Society of British Columbia"--Leaf 114; "Unclassified under reference DHD 3-1 dated 19 May 1981"; available at http://www.cmp-cpm.forces.gc.ca/dhh-dhp/his/rep-rap/ahqrd-drqga-eng.asp?txtType=3&RfId=280 and http://www.cmp-cpm.forces.gc.ca/dhh-dhp/his/rep-rap/doc/ahqr-rqga/ahq091.pdf (accessed on 14 September 2013); also available at http://publications.gc.ca/collections/collection_2016/mdn-dnd/D63-5-91-1960-eng.pdf (accessed 8 January 2019);

 

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MASON, John William,  Basic Freedoms in the Canadian Armed Forces,  Thesis (M.A.), Carleton University, Ottawa, Ontario, 1972,  ii, 159, [12], vii p. (Canadian theses on microfilm; 10946); available at http://curve.carleton.ca/theses/21222 (accessed on 11 August 2013);

Peggy Mason, image source:
opencanada.org/contributors/peggy-mason/,
accessed 29 December 2017

MASON, Peggy and Omar Sabry, "How Canada failed Afghan detainees: Canada knowingly transferred detainees in Afghanistan to facilities where torture was rife. Since then, the Canadian government has avoided all accountability. This is our unfinished business", Open Canada . Org, 16 October 2015, available at https://www.opencanada.org/features/how-canada-failed-afghan-detainees/ (accessed 29 December 2017);

The government of Stephen Harper vociferously resisted — and systematically blocked — all efforts at transparency and accountability.
Citing operational security concerns, it refused to provide uncensored information to the public, Parliament, the Federal Court and the
Military Police Complaints Commission (MPCC). It used court challenges to prevent the MPCC from investigating the policy decisions
behind the transfer of Canadian-held prisoners to Afghan torturers. It also thwarted an investigation by the House of Commons special
committee on Afghanistan, first by refusing to disclose documents and then by shutting down the committee when the Conservatives
won a majority in 2011.

How could Canada have strayed so far from its bedrock principles of respect for human rights and the rule of law? Through persistent
obfuscation, Prime Minister Harper has sought to avoid any accountability for alleged grave breaches of international and Canadian
laws prohibiting torture.

Only a public inquiry — if not by Harper, then by his successor — will allow us to understand what went so terribly wrong in Kandahar,
and how to ensure that it never happens again. Our common humanity demands no less.

He holds a Bachelor of Laws from Université Laval (Québec) and a Masters in European Law from the Université de Nantes (France).
He was called to the Quebec Bar in 1998. Mr. Massicotte is a lecturer at Université Laval where he teaches “Professional Practice II”,
a course in construction law dedicated to master's students in architecture. Since 2006, he also teaches at the École du Barreau du Québec
and has been an instructor for the Ordre des architectes du Québec for more than ten years. He is also a guest speaker for various
organizations and professional associations. Finally, he served as a Deputy Judge Advocate in the Canadian Forces for just over six years.

 

___________on MASSICOTTE, Samuel,  Université Laval, RPA : Rapport du programme en architecture soumis au Conseil canadien de certification en architecture, 10 septembre 2018,  la page BV 194, disponible à https://www.arc.ulaval.ca/files/arc/RPA_EAUL_DocB.pdf (consulté le 16 février 2018):

Samuel Massicotte
Avocat • Stein Monast, Avocats S.E.N.C.R.L.

2006-2012 Juge-Avocat adjoint –Cabinetdu Juge-Avocat Général, Ottawa
Officier de la réserve navale, au grade de Lieutenant de vaisseau, conseiller
juridique aux Commandants d’unités en droit disciplinaire

MASSIDDA, Paolina, "Criminal Responsibility of International Military Missions and Personnel" in Marco Odello and Ryszard Piotrowicz, rds., International military missions and international law, Leiden/Boston : Martinus Nijhoff Publishers, 2011, xxi, 308 p. , at chapter 8,  25 cm. (International humanitarian law series ; v. 31), 9789004174375 (hbk. : alk. paper); available in part at https://books.google.ca/books?id=vplfUo4IL_gC&printsec=frontcover&dq=isbn:9789004174375&hl=en&sa=X&ved=0ahUKEwjiurvd1PjQAhUHzGMKHUQ-AwMQ6AEIHDAA#v=onepage&q&f=false (accessed 16 December 2016);

source de l'image: http://uqam.academia.edu/JustinMassie, visité 9 septembre 2015
Justin Massie

MASSIE, Justin, professeur, "Quadrilatère transatlantique : sources de légitimité politique de l’usage de la force militaire au Canada" (2008) 37 International Journal of Canadian Studies 83–114; disponible à https://www.erudit.org/fr/revues/ijcs/2008-n37-ijcs3714/040796ar.pdf (consulté le 5 juin 2018);

____________ "Relations extérieures du Canada et du Québec", [titre du cours], POL 8421-20, Université du Québec à Montréal, Département de science politique, Hiver 2014, 27 pages; syllabus du cours avec bonne bibliographie; disponible à  http://politique.uqam.ca/upload/POL8421-20-H14-Massie.pdf (vérifié 9 septembre 2015);

Bruno Masson

An experienced public speaker, I’ve been giving presentations to large crowds from a young age.
I went from president of the youth council to administrative assistant for the Judge Advocate General.
I have lots of experience with the public from all across Canada. As an active military employee,
I’ve learned to always give 110% and will do the same for your wedding celebration.
[oversized bold is my own]

Photo of David Matas, reproduced from http://www.beyondborders.org/wp/speakers-bureau/ (accessed on 1 April 2014)

MATAS, David, "Equality and the Military Abroad", August 2006, pdf format, part of the "2006 Canadian Legal Conference Full Binder"; available from the Canadian Bar Association  Store; $40.00 for non-members and $25.00 for members;

MATERI, Ashley, 3rd Cdn Div Public Affairs, "One-of-a-kind internship opportunity offered by the Armed Forces amd University of Alberta", Edmonton Sun, 9 November 2017; available at https://www.pressreader.com/canada/edmonton-sun/20171109/282677572569050   (accessed 10 November 2017);

MATHIESON, David L.,  legal officer with the OJAG, see article: "Mr. Mathieson Honoured By Bar Society On Eve Of Departure For West",  The Guardian of the Gulf, Charlottetown, Tuesday, 30 September 1952, at pages 1 and 11; available at https://islandnewspapers.ca/islandora/object/guardian:19520930-001  for p. 1 and https://islandnewspapers.ca/islandora/object/guardian:19520930-011  for p. 11 (accessed 2 October 2018);

Extract from p. 11

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

-------------------Image source: hrsbstaff.ednet.ns.ca/waymac/Sociology/A%20Term%202/Obedience%20Power%20and%20Control/somalia_affair.htm
Carol Mathieu saluting at the end of his testimony                    Carol Mathieu, commanding officer of the Canadian Airborne Regiment
at the Somalia Inquiry Commission
Image source: www.cbc.ca/archives/categories/war-conflict/peacekeeping/the-somalia-affair/lt-col-carol-mathieus-testimony.html, accessed on 30 November 2014

MATHIEU, Carol, Law of war training  for the Canadian Forces : a luxury or a necessity, Toronto: Canadian Forces Command and Staff College, 1984 (series; Exercise New Horizons; DSIS 01727), 1 microfiche; research notes: LCol Mathieu was court martialled twice and twice acquitted; LCol Mathieu testified at the Somalia inquiry; his paper is probably on the CD of the commission;

___________research note pour aller plus loin: LCol Carol Mathieu was court martialed twice and twice acquitted; the transcripts of his two courts martial are on the CD of the commission available at universities;

MAYBEE, Larry, Major, legal officer, member of the OJAG, see "Major Larry Maybee" in the article by the New Zealand Army, Legal Service, Directorate of Legal Services, Headquarters New Zealand Defence Force, Wellington"Kiwi Corner: A Random update on former JAG Officers serving in the New Zealand Armed Forces", 1997, 3 pages, in (January-February 1998) JAG Newsletter-Bulletin d'actualités;

Major Larry Maybee CD, formerly Somalia Coordinator and DJA Petawawa, was the
second and ("no promises") last Canadian to take up a position with the New Zealand Armedà
Forces as a legal officer.

Larry moved to Wellington, NZ in February 97 and joined the New Zealand Army Legal Service
as a Major.  He spent 20 years in the Canadian Armed Forces, the first 15 of which were as an
Armoured officer (and a professional student) and the last 5 as a legal officer with JAG.  He attended
the University of New Brunswick Law School under MLTP and was admitted to the NB bar in 1992.
....

His call to the [New Zealand] bar was on 20 November 97....

[pages 1 and 2]

____________see Larry Maybe on Linked in at https://www.linkedin.com/in/larry-maybee-10b85819/ (accessed 13 January 2019);

Larry Maybe
____________see video on MAYBEE, Larry: "Larry Maybee talks about ICRC", You Tube, available at https://www.youtube.com/watch?v=EYI2YBKNQFw (accessed 13 January 2019);

Ms. Caroline Maynard was appointed Interim Chairperson and Chief Executive Officer of the [Military Grievances
External Review] Committee for a one-year term, commencing on January 4th, 2017.  Her term was recently extended to April 3^rd, 2018

Since 2006, Ms. Maynard has held the position of Director of Operations and General Counsel to the Committee.
Prior to working at the Committee, Ms. Maynard worked as Legal Counsel at the office of the Judge Advocate
General (Department of National Defence), the RCMP External Review Committee, the Canada Revenue Agency
and in private practice.

She holds a Bachelor of Laws from Sherbrooke University and has been a member of the Quebec bar since 1994.

[source: https://canada-prod.adobecqms.net/en/military-grievances-external-review/corporate/about/committee-members/maynard-caroline.html, accessed 7 November 2017]

[Research note: Nominated new Canada's information commissioner, circa 14 February 2018, see https://www.ctvnews.ca/politics/trudeau-nominates-lawyer-caroline-
maynard-as-new-information-commissioner-1.3803861, accessed 19 February 2018]

 

Image source: www.google.ca (image search), 19 February 2015

MAYNARD, Major Kim (Kimberley D.), Biographical notes available at http://www.cdp-hrc.uottawa.ca/uploads/Maynard%20Maj%20Bio%28Bilingual%2916%20Aug%2010.pdf  (accessed on 3 June 2012);

___________photo, source: (2005) 1 Les actualités JAG Newsletter at p. 59:

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

Photo by MCpl Paul MacGregor, Canadian Forces Combat Camera, IS2005-1174a
Captain Kim Maynard, 2005, Legal Officer,
Ampara, Sri Lanka

___________Photo, Canadian Forces Imagery Gallery, available at http://www.combatcamera.forces.gc.ca/gallery/cc_photos/detail/?filename=IS2005-1174a&assetId=3690 (accessed 31 May 2017);

Captain Kim Maynard, a Legal Advisor with the Canadian Forces Disaster Assistance Response Team (DART), fills her CAMELBAK hydration system.
Capt Maynard from Trenton, Ontario is in Sri Lanka to provide humanitarian aid.

Ampara, a district of approximately 600,000 people, was hit hard by the December 26 tsunami and suffered an estimated 10,400 deaths. An estimated total
of 105,560 people have been forced to seek temporary shelters.

____________"A Recap of the CBA 2016 Military Law Conference", Canadian Bar Association Web Site, 7 July 2016; available at https://www.cba.org/Sections/Military-Law/Articles/2016/recap (accessed 20 August 2016);

The key note address was given by Rear-Admiral Jennifer Bennett, the Director General of the Canadian Armed Forces Strategic
Response Team on Sexual Misconduct. She focussed on steps the CAF have taken and continue to take to recruit, retain and
integrate women, and she described the campaign to address the “sexualized culture” as described in the Deschamps Report, in
the CAF. The address was followed by an engaging panel on the challenges of sexual assault proceedings from the perspective
of a military prosecutor (Maj Maureen Pecknold), a civilian defence lawyer (Ms. Anne London-Weinstein) and a civilian lawyer
who regularly represents victims of sexual assault, (Mr. Phillip Millar). The panel was moderated by Commander Martin Pelletier,
Military Judge.

___________research note: LCol Kim Maynard, recent photo with others:

"Office of the JAG  @JAGCAF 2 hours ago [2 May 2019] AJAG Central LCol Kim Maynard,
MGen (Ret’d) Fraser Holman, Maj Eric Weaver, DJA Toronto, and LCol (Ret’d) Diane Kruger
enjoyed the annual joint dinner of the @rcmiHQ and the @RoyalCdnLegion earlier this
week, a great opportunity to connect with defence stakeholders".

MAYNARD,  Robert, "Rules of engagement in ground operations : a legal or training problem?",  JCSP: Master of Defence Studies  (2008), available at http://www.cfc.forces.gc.ca/259/260/262/maynard2.pdf  (accessed on 2 January 2012);

Major Bruce Mayo enlisted in the CF in 1974 and served with the military police.  In 1982 he took his
release from the CF and attended law school at the University of Manitoba.  He was called to the
Manitoba bar in 1986.  After practicing law in Brandon, Manitoba, he re-joined the CF as a legal
officer in 1988.

___________on MAYO, B.C., Capt, see the article where Capt. Mayo is the prosecutor:  Jones, Lyndon, "Court Martial Hears Final Summation", The Whig Standard,  Kingston, 23 November 1989, at p. 1; re court martial of Warrant officer George Turnbull; the Judge-Advocate was Colonel Pierre Boutet and the defending officer Major G.K. Duncan;

___________"The power of flight safety : A background and overview of Bill C-7, An Act to Amend the Aeronautics Act, Part 2" (April/Avril 2008) Sword & Scale -- Salut militaire; available at http://www.cba.org/CBA/newsletters/mil-2008/news.aspx (accessed on 26 April 2012);
FRANÇAIS:
___________"Le pouvoir de la sécurité aérienne : contexte et teneur du projet de loi C-7, Loi modifiant la Loi sur l'aéronautique" (April/Avril 2008) Sword & Scale -- Salut militaire; disponible à http://www.cba.org/abc/nouvelles/mil-2008/nouvelles.aspx#article3 (site visité le 26 avril  2012);

Dr. Richard O. Mayne, photo detail, twitter.com/RCAF_ARC/status/1022492905045454848

MAYNE,  Richard O., Lieutenant (N), "Protesters or Traitors? Investigating Cases of Crew Sabotage in the Royal Canadian Navy: 1942-45" (Spring 2005) 6(1) Canadian Military Journal 51-58; available at http://www.journal.forces.gc.ca/vo6/no1/history-histoire-eng.asp  (accessed 1 October 2017); in 2016, Dr. Richard Oliver Mayne is Director, RCAF  History and Heritage;

MAZER, Brian Michael, Manhattan to missiles : Canada, nuclear weapons and international law : an interdisciplinary study, LL.M. University of Alberta, 1977, xii, 200 leaves ; 28 cm;

MAZEREEUW, Peter, "‘No money’ to bring in missing-in-action military justice reforms, four years after being made law.  The government still hasn’t brought into force several big changes to the way the Canadian Forces disciplines its members, and says doing so will be complicated and expensive", The Hill Times, 23 January 2018; available at http://www.hilltimes.com/2018/01/22/no-money-bring-missing-action-military-justice-reforms-four-years-made-law/131582 (accessed 23 January 2018);

Image source: iclmg.ca/press-release-appointment-of-new-iclmg-national-coordinator-monia-mazigh/, accessed 11 October 2016
Monia Mazigh
MAZIGH, Monia, "Oversight and Review Mechanisms: Which One to Choose?", News from International Civil Liberties Monitoring Group, 12 January 2016 ; available at http://iclmg.ca/oversight-and-review-mechanisms-which-one-to-choose/ (accessed 21 January 2016);

On February 19, 2015, four former Canadian Prime Ministers wrote an op-ed in the Globe and Mail entitled “A Close Eye on Security Makes Canadians Safer”.
They were urging Canada to implement an accountability regime that would deal with the government national security activities.
...

Canada is the only country amongst the Five Eyes without any sort of oversight process regarding its national security agencies. However, Canada has two
external review bodies:

• The Security Intelligence review Committee (SIRC) established in 1984 to review CSIS activities;
• The Communication Security Establishment (CSE) Commissioner established in 1996 to review CSE activities.

...

Today, there are 17 Canadian agencies involved in national security information sharing, and only three have some sort of a review mechanism: CSIS,
the CSE and somewhat the RCMP. What about departments and agencies such as Public Safety, Canada Border Services Agency (CBSA), Financial
Transactions and Reports Analysis Centre (FINTRAC), Foreign Affairs, etc? They have none.

...

In 2005, Bill C-81 was introduced by the Liberal government as an Act to establish a National Security Committee of Parliamentarians. It is the first
attempt after the “Maher Arar case” to create an oversight body. This legislation died when the Parliament was dissolved on October 29, 2005 and
general elections were called.

In 2013, private member’s bill C-551 was introduced by Liberal MP Wayne Easter. The proposed legislation was to establish a parliamentary
committee to oversee all national security activities. The bill stopped at the first reading in the House. Private member bills rarely become laws especially
under majority governments, which was the case at the time.

In 2014, private member’s bill C-622 was introduced by Liberal MP Joyce Murray with the intent to impose greater judicial and parliamentary scrutiny
on the CSE as well as creating a Parliamentary Committee on intelligence and security matters. The bill was voted down at the second reading.

And finally, in 2014 again, Bill S-220 was introduced by the Conservative Senator Hugh Segal and supported by his liberal colleagues Roméo Dallaire and
Grant Mitchell. The intent of the bill was to create an all-party committee of parliamentarians on national security and intelligence oversight. The bill stopped at the second reading in the Senate.

Colonel (Retired) Dominic McAlea

Colonel (Retired) McAlea joined the Perley and Rideau Veterans’ Health Centre Foundation as a board member earlier this year. Dominic was
 called to the Bar of Ontario and enrolled in the Canadian Armed Forces in 1981. He then served over 34 years in the Canadian Armed Forces.

During that period, he prosecuted and defended within the Canadian Armed Forces courts martial system, served with the Special Service
Force in Petawawa, completed Master of Laws studies in Public International Law at the London School of Economics and Political Science,
deployed to the Middle East during the 1st Gulf War, investigated war crimes in the Former Yugoslavia, provided legal advice to SACEUR
while posted to the Supreme Headquarters Allied Powers Europe, helped negotiate and draft the Rome Statute of the International Criminal
Court, helped develop and promulgate the suite of anti-terrorism legislation post 9/11, completed Master of Philosophy studies in International
Affairs at the University of Cambridge, deployed to the Democratic Republic of the Congo and drafted the strategic plan for reforming the
Congolese military justice system, worked on the International Military Staff at NATO Headquarters overseeing NATO-led operations in
Afghanistan, and then deployed to Kabul as Canada’s Defence Attaché to Afghanistan before retiring at the rank of colonel earlier this year.
(source: https://www.perleyrideau.ca/article/colonel-retired-dominic-mcalea--243.asp, accessed 27 February 2017).

___________"Full-time Vice-Chairperson [to the Military Grievances External Review Committee]", Government of Canada, 15 January 2018; available at https://www.canada.ca/en/military-grievances-external-review/corporate/about/committee-members/dominic-mcalea.html (accessed 18 January 2018);

Dominic McAlea

Full-time Vice-Chairperson [to the Military Grievances External Review Committee]
Four-year term, from March 28^th, 2018 to March 27^th, 2022

Dominic McAlea is a senior executive with extensive management experience with the Canadian Armed Forces,
Department of Justice and Global Affairs Canada. A barrister and solicitor, Mr. McAlea’s background includes
serving as a Deputy Judge Advocate General in the Canadian Armed Forces, and Canadian Defence Attaché to
Afghanistan, in Kabul. His expertise includes strategic planning, policy development and implementation,
developing and promulgating Federal legislation and regulations, criminal and civil accountability systems,
and consensus building nationally and internationally.

Mr. McAlea holds a Bachelor of Laws from the University of Windsor; Master of Laws in Public International
Law from the London School of Economics and Political Science; and a Master of Philosophy in International
Relations from the University of Cambridge.

---------

Dominic McAlea

Vice-président à temps plein [au comité externe d'examen des griefs militaires]
Mandat de quatre ans du 28 mars 2018 au 27 mars 2022

Dominic McAlea est un cadre supérieur qui possède une vaste expérience en gestion au sein des Forces armées
canadiennes, au ministère de la Justice et Affaires mondiales Canada. Avocat et conseiller juridique, M. McAlea
a déjà servi comme juge-avocat général dans les Forces armées canadiennes et comme attaché de défense du
Canada en Afghanistan, à Kaboul. Son expertise comprend la planification stratégique, l’élaboration et la mise
en œuvre des politiques, l’élaboration et la diffusion de lois et de règlements fédéraux, des systèmes de
responsabilisation criminels et civils, et l’établissement de consensus, à l’échelle nationale et internationale.

M. McAlea détient un baccalauréat en droit de l’Université de Windsor, une maîtrise en droit, droit public
international, du London School of Economics and Political Science et une maîtrise en philosophie et relations
internationales de l’Université de Cambridge.

Image source: portal.clubrunner.ca/1100/Stories/presentation-on-living-in-war-or-conflict-areas, accessed 24 August 2016
Dominic McAlea, 11 May 2016

___________"Military Justice, Security Sector Reform & State Building", KCIS Security & Governance: Foundations for International Security, 23 June 2010, available at https://qshare.queensu.ca/Groups/QCIR/KCIS/www/2010/Panel%204%20-%20Military%20Justice%20-%20McAlea.pdf (accessed on 10 December 2013); presented at the Kingston Conference on International Security 2010 Conference, Panel 4 -- see http://www.queensu.ca/kcis/pastconferences/2010.html (accessed on 10 December 2013)

___________on McALEA, Colonel Dominic, see the following announcement of a lecture given to the Centre for Security and Defence Studies Speaker Series 2009. available at http://www3.carleton.ca/csds/csds_bulletin/csds%20bulletin%209%20april%202010.html (accessed 18 February 2019);

Colonel McAlea on the Rule of Law and Military Justice in Africa
Return to top.

CENTRE FOR SECURITY AND DEFENCE STUDIES: SPEAKER SERIES 2009-10

"The Rule of Law and Military Justice in Africa: Partners in Accountability"

Col. Dominic McAlea
Deputy Judge Advocate
Canadian Forces

Security sectors in failed or failing states reflect, and often contribute to, the weaknesses that lead to the failure
of their respective states. Establishing sustainable peace and Rule of Law in failed states requires, among other
things, real security sector reform - reform that includes the military justice sector. This session will consider
military justice in the context of security sector reform in failed or failing states using the Democratic Republic
of the Congo as the vehicle for discussion.

Col. Dominic McAlea has served as Deputy Judge Advocate Regional Services in Ottawa since September 2006.
Previously, he served as DND/CF Deputy Legal Advisor - Military. In 2004, he obtained a Master of Philosophy
in International Relations at the Center of International Studies, Cambridge University. He then assumed the duties
of Deputy Judge Advocate General / Military Justice and Administrative Law. As Director of Law/International,
Col McAlea was the Military Advisor in the Canadian Delegation at the UN Conference in Rome which drafted
the Statute of the International Criminal Court in June-July 1998.

Colonel McAlea recently returned from duty with MONUC Rule of Law Unit where he worked on military justice
reform as the Military Criminal Law Advisor to the UN mission to the Democratic Republic of the Congo in Kinshasa.

Tuesday, 20 April 2010
12:00 - 1:30pm
Alumni Board Room, 617 Robertson Hall
Carleton University

Complimentary light sandwich lunch provided.

Registration requested by Friday, 16 April
csdsevents@carleton.ca
or calling 613.520.2600 ext. 6671

Public parking is available inParking Garage P9, adjacent to Robertson Hall

The CSDS Speaker Series events are free and open to the public.
For more information visit carleton.ca/csds

or call 613.520.2600 ext 6671

____________on McALEA, Lieutenant-Colonel Dominic, see  McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office of the Judge Advocate General, c2002, at pages 141 and 170, available at  103-242;

___________"Post-Westphalian Crime", in David Wippman & Matthew Evangelista, eds., New Wars, New Laws?  Applying the Laws of War in 21st Century Conflicts,  Ardsley, N.Y. : Transnational Publishers, 2004, at p.111, ISBN: 1571053158; copy at Ottawa University, KZ 6355 .N49 2005;

___________Biographical Notes on Colonel D. McAlea, 2009, available at  Osgoode Research Lectures PRESENTS Colonel D. McAlea, CD ...  (accessed on 3 June 2012);

____________Biographical Notes on Colonel D. McAlea, available at http://www.queensu.ca/kcis/sites/webpublish.queensu.ca.kciswww/files/files/2010/KCIS2010ConferenceBrochure.pdf, p. 18 (accessed on 18 October 2017);

Colonel Dominic McAlea

___________Notes biographiques sur le colonel D. McAlea, circa 2006:

Dominic McAlea

Depuis 2006, le Colonel Dominic McAlea occupe les fonctions d’adjoint au cabinet du Juge Avocat Général (JAG) responsable des services
régionaux au sein des Forces armées canadiennes. Il est diplômé de la faculté de droit de l’Université de Windsor et est devenu membre du
Barreau de l’Ontario en 1981. Il a rejoint les Forces canadiennes la même année. En 1990, il a obtenu sa maîtrise en droit international de la
London School of Economics and Political Science (LSE) d’Angleterre. En 1993, après avoir été impliqué dans la Guerre du Golf, Le Colonel
Dominic McAlea a dirigé des enquêtes sur les crimes de guerre commis dans l’ancienne République de Yougoslavie, plus particulièrement
dans la région de Dubrovnik, pour le compte des Nations unies. Il a également servi au Bureau du Conseiller juridique pour le Grand Quartier
Général des Puissances Alliées en Europe (SHAPE). En 1998, le Colonel McAlea était le conseiller militaire de la délégation canadienne à la
Conférence de Rome, suite à laquelle le Statut de la CPI a été adopté. En 2004, Col Dominic McAlea a complété une maîtrise en philosophie
 au Centre d’études internationales de l’Université de Cambridge.
(source: http://www.ieim.uqam.ca/IMG/pdf/Montreal_training_workshop_2006_draft_07f.pdf, vérifié le 1er février 2015).

___________"Superior Orders and Command Responsibility" in Osgoode Hall Law School. Professional Development Program, The International Criminal Court : the road to Rome and the future, Toronto, Ont.: Osgoode Hall Law School of York University, Professional Development Program, 2002, 1 v. (various pagings), for the article: 7, [13] p.; copy at the Library of the Supreme Court of Canada, KZ6310 I54 2002;

___________Testimony before the House of Commons Standing Committee on National Defence and Veterans Affairs concerning Bill C-42, the Public Safety Act, 6 December 2001; Col Allan Fenske also testified with Col. McAlea; available at http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=e&Mode=1&Parl=37&Ses=1&DocId=1041247 (accessed 27 February 2017);

____________Testimony before the Standing Senate Committee on Legal and Constitutional Affairs, to which was referred Bill S-39, to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act,Issie 25, Evidence, 3 November 2005, available at http://www.parl.gc.ca/Content/SEN/Committee/381/lega/25eva-e.htm?Language=E&Parl=38&Ses=1&comm_id=11 (accessed 24 August 2016); Issue 24, Evidence, October 27, 2005, available at http://www.parl.gc.ca/Content/SEN/Committee/381/lega/24evc-e.htm?Language=E&Parl=38&Ses=1&comm_id=11 (accessed 24 August 2016);

 
__________ United States National Strategy Regarding Al-Qaida's militant Islamic Ideology, dissertation for the degree of Master of Philosophy in International Relations at the Center of International Studies, University of Cambridge, 2004; copy at Mill Lane Library: Centre of International Studies –  CIS M.Phil 2003/27 at University of Cambridge; see abstract in (2006) 1 JAG Les actualités -- Newsletter 74; see notes on Col McAlea, Office of the Judge Advocate General  at  http://www.cmp-cpm.forces.gc.ca/dsa-dns/sa-ns/ab/sobv-vbos-eng.asp?mAction=View&mBiographyID=260, accessed on 26 March 2012;

McCAFFREY, Pat (Patrick), former JAG officer for 35 years (28 in Ottawa and 7 in Europe with NATO), seeking the Liberal nomination in the riding of Saint John Harbour, see You Tube, at https://www.youtube.com/watch?v=2ziUUKmo6D0 (accessed 1 October 2016);

___________LCol Pat McCaffrey, on the right, receiving his CD1 for 22 years of service from BGen Pierre Boutet, JAG, 2 February 1998, image source: JAG Newsletter/Bulletin d'actualités du JAG, volume 1, Part 1, Jan-Feb 98 (image posted on 21 December 2016);

McCALLISTER, Bradley Duncan, Code of Conduct : An Analysis of the Modern Law of Armed Conflict,  LL.M. thesis (Master of Arts), Department of Political Studies, University of Manitoba, 1997,  211 p.; available at http://mspace.lib.umanitoba.ca/handle/1993/1364 (accessed on 7 January 2013);

McCALLUM, Gordon, "Authority of U.S. Army Courts Within Canada Extended: Working Well", Globe and Mail, 1943/12/30, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5028217 (accessed 11 June 2018);

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

Source of image: http://mccannandlyttle.com/lawyer-bios/patrick-mccann/, accessed 12 January 2016.
Patrick McCann, lawyer

McCANN, Patrick, Lawyer, McCann & Giamberardino, Testimony on Bill C-25, an Act to amend the National Defence Act and to make consequential amendments to other Acts before the Standing Senate Committee on Legal and Constitutional Affairs on 7 October 1998, Issue 35, see  minutes  and evidence;

____________on McCANN, Patrick, see  McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office of the Judge Advocate General, c2002, at p. 160, available at  103-242;

McCANDLESS, Henry E. (Henry Emerson), 1935-, A Citizen's Guide to Public Accountability: changing the relationship between citizens and authorities, Victoria (B.C.): Trafford, c2002, ii, 407 p., ISBN: 1552129578 and see Chapter 10, "The Accountability of Top Command", at pp. 212-233; limited preview at http://books.google.com/books?id=Yn7zBvmP78kC&printsec=titlepage&dq=l%C3%A9tourneau+somalia&lr=&as_brr=3&source=gbs_toc_s&cad=1#PPA217,M1
and http://books.google.com/books?id=Yn7zBvmP78kC&dq=l%C3%A9tourneau+somalia&lr=&as_brr=3&source=gbs_summary_s&cad=0 (accessed on 16 July 2008); book not consulted yet (19 December 2017);

Chapter 10 The Accountability of Military Top Command

Background
The Somalia Inquiry and Other Alerts
The Court Martial of LCdr Dean Marsaw
The Case of the Medical Files
Other Examples
The Pattern
Installing Accountability Reporting by Top Command

(This chapter deals with the issue of senior officers not taking responsibility for performance failures and not accounting for the quality of management
control in the Forces for fairness and effectiveness -- something that is their responsibility. The fact that the public knows so little about military top
command and has relied on blind faith (resulting from earlier citizen trust in wartime) means that the Chief of the Defence Staff should now be asked
to report regularly and publicly on the discharge of senior command responsibilities. The reporting standards would be set by a defence-related
parliamentary accountability committee.
[source: http://www.accountabilitycircle.org/learnmore.html, accessed 19 December 2015]

Image source: avocette.com/2014/11/times-colonist-fresh-identity-local-firm/, accessed 20 December 2017
___________"Horror stories persist on military accountability", Times - Colonist, Victoria, B.C., Jun 8, 2006, p.A13;

Description: To name a few instances: Tampering with Croatia-produced health warnings in soldiers' medical files rather than supporting the military
doctor who put them there; sending a bad-conduct junior officer to command a platoon in Somalia that killed an unarmed civilian; a general's illegal
large expense claims and a needless $250,000 farewell parade for an Atlantic Land Forces general; an aborted military mission to Zaire; intimidating
letters to civilians on base by the office of the judge advocate general; inadequate casualty information to families; sexual assault and harassment;
withholding of information on a 70-per-cent missile failure rate; and the fact that career progression of the judge advocate general, whose job is to
serve justice, was in the hands of his boss, the chief of the defence staff. These public assertions can then be audited for their fairness and completeness.
Accountability explanations made publicly have a self-regulating influence on the conduct of those with the responsibilities. Thus far the chief of defence
staff, Gen. Rick Hillier, has been silent and the new minister, Gordon O'Conner, in full command of the decision-making and its pace in the case of
[Christina Wheeler], has said only, "This issue will get resolved soon, hopefully." He did not state the resolution performance standard he sets for the
Crown. [David Pugliese] quotes ex-military ombudsman Andre Marin as saying that he couldn't believe how the Wheeler case has "dragged on for so
long." Based on the apparent general ploy of litigation lawyers working for the executive government, Marin probably meant the active voice, i.e., that it
was the Department of National Defence lawyers who had purposefully dragged it on.
[Source: © ProQuest LLC All rights reserved; see: http://primo-pmtna01.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?ct=Next+Page&pag=
nxt&pageNumberComingFrom=8&fn=search&indx=71&vl(13699712UI6)=&dscnt=0&vl(1UIStartWith0)=exact&vl(1UIStartWith2)=contains&vid=01LOC&mode=Advanced&vl(D13699709UI3)
=all_items&vl(boolOperator1)=AND&tab=default_tab&vl(13699711UI6)=00&vl(D13699706UI0)=any&vl(freeText1)=canada&dstmp=1513768858199&vl(13699710UI6)=00&frbg=&vl(13699715UI6)
=&vl(D13699705UI1)=any&vl(D13699708UI4)=all_items&vl(13699714UI6)=00&vl(1UIStartWith1)=contains&ct=Next%20Page&srt=rank&vl(480887489UI2)=any&vl(boolOperator0)=AND&Submit
=Search&vl(D13699707UI5)=all_items&vl(boolOperator2)=AND&vl(freeText2)=Parliament&vl(13699713UI6)=00&dum=true&vl(freeText0)=Judge%20Advocate%20General, accessed 20 December 2017]

image source: thestar.com/news/canada/2009/12/28/in_afghan_pr_money_talks.html, accessed 16 August 2017
"Master Cpl. Ken Hutcheson counts money as Lt.-Cmdr. Mike
 McCarthy, right, listens to an Afghan man's account. (Dec. 23, 2009)
 (COLIN PERKEL / THE CANADIAN PRESS)"

McCARTHY, Michael J. (Mike), Lieutenant-Commander (LCdr), legal officer with the OJAG, biographical notes taken from the Newfoundland & Labrador Continuing Legal Education information sheet "Ethics, Professional Responsibility and the Practice of Law: Advising Clients in Challenging Circumstances-Examples and Perspectives on Legal Ethics and Professionalism from a Military Legal Officer with General Lessons for the Bar Monday, August 22, 2016"; research note the lecture ""Ethics, Professional Responsibility and the Practice of Law: Advising Clients in Challenging Circumstances-Examples and Perspectives on Legal Ethics and Professionalism from a Military Legal Officer with General Lessons for the Bar" is mentioned in footnote 25 of MARTIN, Andrew Flavelle, "Legal Ethics and Canada's Military Lawyers", (2019) 97 Canadian Bar Review 100-128, at p. 107, available at https://cbr.cba.org/index.php/cbr/article/view/4509/4452  (accessed 22 May 2019);

This presentation on professional responsibility for lawyers will be facilitated by Lieutenant-Commander (LCdr) M.J.
(Mike) McCarthy, one of the Legal Advisors for the Canadian Joint Operations Command.  LCdr McCarthy is a member
of the Law Society of Newfoundland and Labrador who practices in the context of military law with the Office of the
Judge Advocate General. As such, his advice is often provided in unconventional contexts, including domestic emergency
operations and internationally involving various practice issues, including advice on the legal responsibilities of Canadian
military serving abroad, Law of Armed Conflict, Administrative Law and Military Justice.  He has been deployed as the
Legal Advisor to the Kandahar Provincial Reconstruction Team in 2009-2010, as well as the Legal Advisor for the Air
Component Command for Operation MOBILE part of the NATO lead mission in Libya in 2011and has been the legal
advisor for Canadian Forces Base Petawawa and 2 Canadian Mechanized Brigade Group.
[source: http://www.lawsociety.nf.ca/wp-content/uploads/2016/07/Legal-Ethics-Seminar-Brochure.pdf, accessed 16 August 2017]

___________notes: member of the law Society of Newfoundland, member of the OJAG since 2002, works in Ottawa, 101 Colonel By;  Michael.McCarthy@forces.gc.ca Office (613) 998-3534 (information collected as of 2 July 2018);

___________notes on LCdr M.J. (Mike) McCarthy:

This presentation on professional responsibility for lawyers will be facilitated by Lieutenant-Commander (LCdr) M.J.
(Mike) McCarthy, one of the Legal Advisors for the Canadian Joint Operations Command.  LCdr McCarthy is a
member of the Law Society of Newfoundland and Labrador who practices in the context of military law with the
Office of the Judge Advocate General. As such, his advice is often provided in unconventional contexts, including
domestic emergency operations and internationally involving various practice issues, including advice on the legal
responsibilities of Canadian military serving abroad, Law of Armed Conflict, Administrative Law and Military Justice. 
He has been deployed as the Legal Advisor to the Kandahar Provincial Reconstruction Team in 2009-2010, as well
as the Legal Advisor for the Air Component Command for Operation MOBILE part of the NATO lead mission in
Libya in 2011 and has been the legal advisor for Canadian Forces Base Petawawa and 2 Canadian Mechanized Brigade
Group.
[Source: NEWFOUNDLAND & LABRADOR CONTINUING LEGAL EDUCATION, Ethics, Professional Responsibility
and the Practice of Law: Advising Clients in Challenging Circumstances-Examples and Perspectives on Legal Ethics and
Professionalism from a Military Legal Officer with General Lessons for the Bar, Monday August 22, 2016, St. John’s, NL,
see lawsociety.nf.ca/wp-content/uploads/2016/07/Legal-Ethics-Seminar-Brochure.pdf, accessed 19 September 2018]

___________photo of LCdr McCarthy, Mike  receiving the Canadian Joint Operations Command Commendation:

" Office of the JAG‏ @JAGCAF May 30 [2019] LCdr Mike McCarthy
was presented a Canadian Joint Operations Command Commendation
today for his exemplary contribution to the success of @CanadianForces
operations in Latvia as the Joint Task Force Europe and the Task Force
Latvia Legal Advisor, from April to November 2017.

McCLEMONT, W.P. (William Porter), 1901-, "W.P. M'Clemont Explains Rights of Men in Army: Continue to be Citizens, Lawyers' Club Is Informed.  Officers Elected", Hamilton Spectator, 1939/11/15, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5028274 (accessed 30 May 2019);


___________ “War Crimes Trials: Criminals Brought to Justice”,  (June 1947) 1(3) Canadian Army Journal 16-20; title noted in my research but article not consulted yet (21 January 2015);  McClemont was a member of the OJAG, a LCol at the end of his career;



___________McCLERMONT, W.P. était un Lieutenant-Colonel, juge-avocat général adjoint, 27e Brigade de l'armée canadienne en Europe, voir "En Allemagne: Le lieutenant Julien Chouinard",  Le soleil, Québec, vendredi 29 août 1952, à la p. 3; disponible à http://numerique.banq.qc.ca/patrimoine/details/52327/3171699?docsearchtext=juge-avocat (consulté le 15 mars 2019);



___________on McCLERMONT, W.P., see "Behind the Lines", Hamilton Spectator, 1944/06/30, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5051548 (accessed 31 May 2019);

Pressing(and holding) the Ctrl key and scrolling the wheel
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___________on McCLERMONT, W.P., see "Law Association Has 14 on Active Service", Hamilton Spectator, 1941/02/19, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5044699 (accessed 31 May 2019);

__________"Says Army Got Full Retribution for Jap Crimes", Hamilton Spectator, 1947/06/17, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5139421 (accessed 31 May 2019);


__________sur McClermont, W.P., voir PARLEMENT, Chambre des communes, Comité spécial chargé d'étudier le Bill 133 intitulé Loi concernant la défense nationale, Procès-verbaux et témoignages, Ottawa Edmond Cloutier, 1951, 8 fascicules (le 1er est du mardi le 23 mai 1950); les témoins: MCM Drury, sous-ministre de la Défense nationale, le commandant P.H. Hurcomb, le brigadier W.J. Lawson, Juge-avocat général, le commndant d'escadre H.A. McLearn,  et les majors J.H. Raedy et la Major W.P. McClemont; Note de recherche de François Lareau: Il existe une copie de ces procès-verbaux à la Librairie du Parlement, n^o de cote J103H7 D4 A1 et à la Bibliothèque et Archives Canada; le dossier du Comité spécial se trouve aux Archives nationales, Ottawa, Record Group # 14, 1987-88/146, boîte 58 et il contient les rapports à la Chambre des communes, les amendements, les pièces et les procès-verbaux; on retrouve également une copie des huit fascicules en français à la Bibliothèque Brian Dickson, de la Faculté de droit de l'Université d'Ottawa, University of Ottawa, FTX Parliamentary Doc, CA1 XC2 D25F; 

McCONNELL, W.H. (William Howard), 1930-2006, William R. McIntyre: Paladin of the Common Law, Monteal: McGill-Queen's University Press (published for Carleton University), 2000, x, 248 p., see "Military Justice and the Jurisdiction of the Civil Cases" at pp. 136-138, ISBN: 0886293413; discusses MacKay v. The Queen, [1980] 2 S.C.R. 370;

Howard McConnell, image source:
law.usask.ca/documents/alumni/OfNote2006.pdf, accessed 19 January 2019

___________McConnell, Howard was also a member of the OJAG, see the article by Saccone, Juile, "Former law professor McConnell dies at 75", Star--Phoenix, Saskatoon, 14 June 2006;

Obituary of Howard McConnell

It was not an usual task for respected lawyer and author Howard McConnell to pore over documents and books at lightning speed.

"He had a prodigious memory and an ability to go through material faster than I think anyone I have ever met. Sometimes he would
read a book in a day and he would remember it," said Doug Schmeiser, professor emeritus of law at the University of Saskatchewan.
"Ten, 15 years later after he read something, he would still remember it and put his finger on it."

McConnell, a U of S professor emeritus of law, died Monday in Quebec from a heart attack at the age of 75. He is survived by his son.

McConnell was born in Aylmer, Que., in 1930. He earned a bachelors degree from Carleton University in 1955, a master's degree from
the University of Ottawa in 1962 and a PhD from the University of Toronto in 1969.

He earned his law degree at the University of New Brunswick in 1958, followed by his master's of law degree at the University of
Saskatchewan in 1970.

It was during McConnell's studies at the U of S that he came under the guidance of Schmeiser.

"He was just a wonderful person and, of course, a wonderful student," said Schmeiser, McConnell's former graduate supervisor.
 "He was incredibly competent."

Schmeiser had no doubt the bright young student would go on to make his mark in legal circles.

"There was no question about his ability."

McConnell was admitted to the New Brunswick bar in 1958.

According to the University of Saskatchewan, between 1959 and 1963, McConnell served as a flight lieutenant in the Judge
Advocate General's department with the Royal Canadian Airforce. The department is the legal adviser to the Governor General,
the Minister of National Defence, the Department of National Defence and the Canadian Forces in the area of military law.

In 1970 McConnell became a faculty member at the U of S college of law, later becoming a full professor in 1975.

A well-known constitutional law and international law expert, McConnell was both personable and affable, Schmeiser said.

"He was extremely interested in people, but next to people he was interested in books," Schmeiser said. "His life was devoted
to people first and then to literature." McConnell wrote more than 30 articles in legal journals and authored four books,
including a book co-authored with Schmeiser on the independence of provincial court judges. He retired from the U of S in
1998 and was living in Aylmer until his death. A funeral service will be held for McConnell in Quebec on Friday.

jsaccone@sp.canwest.com
(Copyright The StarPhoenix (Saskatoon) 2006)

McCORMICK, Neil, "A Mean and Green Fighting Machine: Wartime environmental assessments and the Canadian Forces", (2007) 16 Dalhousie Journal of Legal Studies 1-20;

McCRACKEN, Captain(N) Gerry, legal officer, member of the OJAG, see  McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office of the Judge Advocate General, c2002, at p. 213, available at  103-242;

McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office of the Judge Advocate General, c2002, x, 242 p., ISBN: 0662321928;
ENGLISH VERSION
Source: McDONALD, R. Arthur, Office of the Judge Advocate General,
            The Story of Canada's Military Lawyers, Department of National
             Defence, Cat. no D2-136/2002E, ISBN: 0-662-32192-8.
             Reproduced with the permission of the Minister of Public Works
             and Government Services Canada, 2011.
- Table of Contents;
- pp. i-xii and 1-102;
- pp. 103-242;
- Index;

This history of Canada's military lawyers provides a captivating look at the personalities who made up the Office of the Judge Advocate General
from 1911 to 2000. Along with an account of the wide-ranging activities of military lawyers during this period, the book chronicles many of the
landmarks in military law. Anyone interested in the history of law, and particularly how the law is applied in Canada's armed forces, should
enjoy this recounting of Canada's military law, lawyers, and traditions.
[source: http://publications.gc.ca/site/eng/9.648558/publication.html, accessed 15 December 2017]

___________Equality Issues in the Canadian Forces under the Canadian Charter of Rights and Freedoms: a Study of the Effect of the Canadian Charter of Rights and Freedoms on Certain Policies of the Canadian Forces, LL.M. thesis, Queen's University, Faculty of Law, 1986, v, 354 p.; Additional Title A study of the effect of the Canadian Charter of Rights and Freedoms on certain policies of the Canadian Forces [microform]; there is microfiche copy at the Ottawa University, Call number: Library Annex  KE 4381.5 .M327 1986A; Microfiche (negative) Ottawa : National Library of Canada. 4 microfiches, 10.5x15 cm (Canadian theses), ISBN: 0315322055;
 

___________"Expert Testimony Before Human Rights Tribunals" (1995) 14 PSO Forum  22-41; this periodical is published by the Personnel Selection Branch, Department of National Defence; PSO=Personel Selection Officer
 

___________"The Legal Branch Law Firm of the Canadian Forces" (1987) 2 Canadian Forces Judge Advocate General Journal 1-4;
FRANÇAIS :
___________«Le service juridique: L'étude légale des Forces Canadiennes» (1987) 2 Revue du JAG des Forces canadiennes 1-4;

___________notes on Art McDonald from the dust jacket of his book, Canada's Military Lawyers, supra;

____________on McDONALD, Colonel R.A. (Art), see  McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office of the Judge Advocate General, c2002, at p. 151, available at  103-242;

FRANÇAIS :
___________«Le Sentier de la Discipline: Les Racines Historiques du Code de Justice Militaire Canadien» (1985) 1 Revue du JAG des Forces canadiennes 1-30;

McDOUGALL, Major, legal officer, see  McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office of the Judge Advocate General, c2002, at p. 42 available at i-xii and 1-102; note: Deputy Judge Advocate General  in 1926 and later county court judge in Ontario;

McDOUGALL, Bruce, "Be All You Can Be", (May 1991) 15(4) Canadian Lawyer 26-28; about military lawyers in the Canadian Forces; ****; the SCC library has one number PER 2001 V. 25; see web site https://www.canadianlawyermag.com/ and to subscribe Please call 1-800-387-5164; thomson reuters; Canadian Lawyer and its sister publications Canadian Lawyer InHouse, Canadian Lawyer 4Students, and Law Times have been bought by Carswell, a Thomson Reuters business headquartered in Toronto;

to get copy https://store.thomsonreuters.ca/product-detail/canadian-lawyer-print-digital/

Launched in 1977, Canadian Lawyer delivers unbiased reporting and analysis of the legal
landscape from coast to coast and across all areas of practice. Focused on both the practice
and the profession, Canadian Lawyer delivers award-winning editorial content that informs,
inspires and occasionally inflames the lawyers, corporate counsel, judges, law professors,
and students-at-law who consider it a "must-read." It is published in print and digitally
11 times a year. www.canadianlawyermag.com

McDOUGALL, Errol K., Captain, Assistant Deputy Judge Advocate, see article: "Renfrew Officer Promoted", The Globe and Mail, 12 March 1942, at p. 13;

Pressing (and holding) the Ctrl key and scrolling the wheel
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Source: ProQuest Historical Newspapers
https://search-proquest-com.ezproxy.biblioottawalibrary.ca...., accessed 25 November 2018

McDOUGALL, Edward Stuart, 1886-1957, Canadian Judge at the International Military Tribunal for the Far East (IMTFE, also known as the Tokyo Trial or the Tokyo War Crimes Tribunal); was appointed a Judge of the Quebec Court of King's Bench;

___________on McDOUGALL, Edward Stuart, see FISHER, J.H., Telegram Staff writer, "Canada's Evidence Ready in Japanese Atrocities.  Justice E.S. McDougall to Sit on International Tribunal Trying Lesser Criminals", Toronto Telegram, 1946/04/13; available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5139450 (accessed on 4 February 2018);

Pressing (and holding) the Ctrl key and scrolling the wheel
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Research Note: I have not included all of the last paragraph starting with the words "During the war",
because it did not seem to have any link to the article.

McDOUGALL, Martha, "Book Review Essay: Canadian Military Law Annotated by Justice Gilles Letourneau and Colonel (ret'd) Michel W. Drapeau, Toronto: Thomson/Carswell, 2006, 1787 pages, $185.00",  8(3) Canadian Military Journal, available at http://www.journal.forces.gc.ca/vo8/no3/essay-essai-01-eng.asp (accessed on 11 July 2008);

More importantly, the book fails to examine many substantive issues that would have been of great value to anyone interested
in the administrative legalities of the military. Generally, the book does justice to the Code of Service Discipline, but it does
not do justice to issues not related to the Code. For example, while dismissal may be one of the harshest penalties available to
a military judge, the book does not explore the release of a member from the Canadian Forces. Apart from the useful reproduction
of the tables of QR&O 15.01 on release, the book makes no mention of the many legal cases on administrative release that
some would equate with dismissal, since both sanctions mean the termination of service. A book on military law that does not
mention the trilogy of cases (St. Thomas [1993] FCA, Husband [1994] FCA and Robinson [1994] FCA) on the release of members,
due to breaches of universality of service (Section 33 of the National Defence Act) commits a substantive error.

 
FRANÇAIS
McDOUGALL, Martha, "Études critiques, Canadian Military Law Annotated de Gilles Létourneau, juge et Michel W. Drapeau, colonel à la retraite, Toronto: Thomson Carswell, 2006, 1787 pages, $185.00", (automne 2007) 8(3) Revue militaire canadienne, disponible à http://www.journal.forces.gc.ca/vo8/no3/essay-essai-01-fra.asp (vérifié le 11 juillet 2008); 

___________"The Canadian Forces Grievance Board: Institutional Change" (June/Juin 2001) Sword & Scale -- Salut militaire 6; available at http://web.archive.org/web/20050125074204/http://dev.cba.org/CBA/Sections/military/sword2001-06.pdf (accessed on 18 April 2012);
FRANÇAIS
___________, "Précis : Un changement institutionnel : le Comité des griefs des Forces canadiennes" (June/Juin 2001) Sword & Scale -- Salut militaire 6; disponible à http://web.archive.org/web/20050125074204/http://dev.cba.org/CBA/Sections/military/sword2001-06.pdf  (site visité le 18 avril 2012);

Image source: navy-marine.forces.gc.ca/en/navy-life/history-commanders/32-mcfadden.page, accessed 15 April 2017
Vice-Admiral Philip Dean McFADDEN, CMM, CD

McFADDEN, Capt(N) Philip  Dean, "Why the Laws of Armed Conflict are no longer the ties that bind.", Canadian Forces College, AMSP (2003), AMSC 6, 42 pages; available at http://www.cfc.forces.gc.ca/259/260/266/mcfadden.pdf (accessed 2 February 2017);

FRANÇAIS:
___________"L'ombudsman de la Défense nationale : aider les FC à éviter et résoudre les griefs" (April/Avril 2008) Sword & Scale -- Salut militaire; disponible à http://www.cba.org/abc/nouvelles/mil-2008/nouvelles.aspx#article2  (site visité le 26 avril  2012);

----------------
___________"Office of the Ombudsman for National Defence and Canadian Forces" in Ombuds Institutions for the Armed Forces: Selected Case Studies, Geneva: DCAF (The Geneva Centre for the Democratic Control of Armed Forces), 2017, [iv], 193 p., at pp. 33-63, ISBN: 978-92-9222-429-5; available at dcaf.ch/Publications/Ombuds-Institutions-for-the-Armed-Forces-Selected-Case-Studies  (accessed 7 April 2017);

7. The Office Has No Power over Veterans Affairs Matters

In Canada, the Department of National Defence is separate from the
Department of Veterans Affairs, and the Ministerial Directives stipulate
that the Ombudsman for National Defence and Canadian Forces shall
not deal with any complaint that falls within the jurisdiction of Veterans
Affairs Canada or the Veterans Review and Appeal Board. Yet, in practice,
it can be very difficult to clearly draw jurisdictional lines. For example,
if a current or a former member makes an application for a disability
pension (for an injury relating to military service) to Veterans Affairs,
and the current or former member is not satisfied with the decision and
feels they were treated unfairly, the member cannot complain to the
Ombudsman. However, if the application for a disability pension was
rejected by Veterans Affairs because certain medical information was
not provided or was deemed insufficient for the purposes of assessing
the claim, the medical information concerning the injury would be held
by the Canadian Forces. If the Canadian Forces did not forward proper
information to Veterans Affairs so that it could assess the claim properly,
and if the current or former member was having an issue getting this
medical information from or correcting certain information held by
the Canadian Forces, then the member could seek the assistance of the
Ombudsman to obtain that information.

McFARLAND, Colonel, George Franklin, member of the OJAG during WW I; see "How Reverting Affects Pensions.  In Case of Death Pension is of Original Rank -- Disability, Lower", The Globe and Mail, 28 March 1919 at p. 4  (accessed 22 July 2018);

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___________on McFarland, George Franklin, see "Mr. Justice McFarland Dies; 16 years on Bench", The Globe and Mail, 16 May 1950, at p. 5;

Mr. Justice McFarland served with distinction during the First World War and
held the post of Deputy Judge Advocate at General Heaquarters in Ottawa.

McGARVA, Andrew (Andrew James), lawyer, member of the Law Society of Ontario and a legal officer with the OJAG; see https://ca.linkedin.com/in/andrew-mcgarva-b8a1a9111?trk=pub-pbmap (accessed 28 February 2019);   

Image source: linkedin.com/in/patrick-vermette-b4784b91, accessed 26 January 2017
Patrick Vermette

McGILL UNIVERSITY,  Project on a Manual on International Law Applicable to Uses of Outer Space (MILAMOS), The International Space Law Group;

The International Space Law (ISL) Group focuses on military uses of space in a global security context that is relatively benign.

The ISL Group is led by Group Editors Professor Ram Jakhu (McGill University) and Professor Steven Freeland (Western Sydney University), and supported by Research Coordinator Dr. Md. Tanveer Ahmad (McGill University) and Research Assistant Mr. Bayar Goswami (McGill University).

The Core Experts in the ISL Group (in alphabetical order):

• Prof. Setsuko Aoki (Keoi University)
• Ms. Deborah Housen-Couriel (Interdisciplinary Cyber Research Center at Tel Aviv University and Haifa University’s Law Faculty)
• Mr. Peter Hulsroj (European Space Policy Institute)
• Ms. Elina Morozova (INTERSPUTNIK)
• Dr. Jinyuan Su (Xi'an Jiatong University)
• Maj. Patrick Vermette (Canadian Forces)
• Prof. Melissa de Zwart (University of Adelaide)

As Institutional Contributor to the ISL Group, there is:

• Mr. Rob Ramey (ICRC)

source:(2006) 1 JAG Les actualités -- Newsletter at p. 11
JAG Recognition... October 27, 2005--CD1 (22 years of service) presented to
LCol J. MacMillan, Maj D. McGowan, Maj R. Stoney and Sgt G. Taillon
(with MGen Jerry Pitzul in his blue uniform in the middle)

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[Paul] Young, 54, was treated as a first-time offender with a spotless record based on submissions made by the Crown and Young, who acted as
his own lawyer. Based on those submissions, provincial court Judge Mary Kate Harvie gave Young a one-year conditional sentence.

However, Young has twice admitted to similar crimes of dishonesty that were not presented to the court. It appears no reference was made
to those indiscretions because they were dealt with by the military in the form of court martials and did not result in charges under the
Criminal Code of Canada.

[research note by F. Lareau, see
Young P.D. (Captain), R. v., 2006 CM 33 (CanLII) — 2006-12-06
Courts Martial — Canada (Federal)
offender — sentence — martial — gambling addiction — punishment]

MCINTYRE, William Rogers The Honourable William "Bill " Rogers McIntyre, O.C., Q.C. was born in Lachine,
Quebec on March 15, 1918 to Sidney and Pauline McIntyre and died peacefully in Victoria, BC on June 14, 2009.
....After growing up in Moose Jaw, Saskatchewan, Bill attended the University of Saskatchewan where he earned
 a law degree in 1941. He joined the army and after training at Gordon Head in Victoria was sent overseas.
He landed in Sicily in 1943 with the 1st Canadian Division and served as an artillery officer in the campaigns in
Sicily and Italy. Bill was enormously proud of the accomplishments of the Canadians in Sicily and Italy and of the
men under his command. He often said that one of the most memorable and emotional events of his life was the
Christmas of 1943 during the battle of Ortona. Bill returned to England in 1944 and finished the war as an Air
Observation Pilot in North-West Europe. In 1944, Bill met and married Mimi Reeves and in 1945, Elizabeth was born.
....Bill was admitted to the British Columbia Bar in 1947 and practiced law in Victoria until 1967 when he was appointed
to the British Columbia Supreme Court and then in 1973 to the British Columbia Court of Appeal. In 1979, Bill was
appointed to the Supreme Court of Canada where he served for ten years. ....

"Cdr Craig Skjerpen, CO of HMCS Charlottetown , and LCdr John McKee,
legal advisor, work on the bridge of HMCS Charlottetown"

McKEE, John (John Douglas Martin), photo of  LCdr John McKee with the article "Charlottetown patrols waters off Libya" in (1 June 2011) 14(19) The Maple Leaf at p.6; available at http://publications.gc.ca/collections/collection_2011/dn-nd/D12-7-14-19.pdf (accessed 28 August 2017); member of the Law Society of Ontario, member of the OJAG;

Interview avec le capitaine de corvette John Mckee, avocat militaire; source de la photo:
                                                                            http://www.lapresse.ca/actualites/dossiers/le-canada-en-afghanistan/200905/11/01-855418-linsurrection-rend-la-tache-des-avocats-militaires-beaucoup-plus-difficile.php

-------
Scott Campbell, co-counsel for plaintiffs                    Chris Madill co-counsel for plaintiffs 
Image source: youtube.com/watch?v=tVOUIbAkJQY             Image source: https://www.cdlawyers.org/?page=65 (both images accessed on 21 December 2016)

McKELVEY, Stewart, Lawyers, Halifax, "Canadian Forces face racial discrimination and harassment class action", 21 December 2016; available at https://ca.finance.yahoo.com/news/canadian-forces-face-racial-discrimination-153000670.html (accessed 21 December 2016);

HALIFAX, Dec. 21, 2016 /CNW/ - Systemic racial discrimination and harassment are the basis of a class action filed in the Federal Court
by Stewart McKelvey on behalf of three former members of the Canadian Forces. The Plaintiffs, who propose to represent all persons in
Canada who have been enrolled as members in the Canadian Forces and who are or who identify as racial minorities, visible minorities
or Aboriginal peoples, allege that the Canadian Forces, from top to bottom, has failed to protect racial minorities and Aboriginals from
racism within the ranks.

"When individuals enroll in the Canadian Forces, they expect to serve, advance and protect the ideals we value and enjoy as Canadians –
equality, fundamental justice and human dignity," said Scott Campbell, co-counsel representing the Plaintiffs. "But our clients allege that
the very institution we trust to bring these ideals to the world, has denied them, and those they represent, these basic human rights."

....

"This filing is a defining moment for Canadian Forces members who have experienced racial harassment and racial discrimination," said
Chris Madill, co-counsel representing the Plaintiffs. "We intend to shine a bright light on the alleged behaviours and institutional practices
described in the Statement of Claim."

McKENZIE, J.P.S., Struggling with outdated rules: international humanitarian law and its impact on Canadian Detainee Policy, Canadian Forces College, JCSP 37, Canadian Forces College, Master of Defence Studies, available at http://www.cfc.forces.gc.ca/259/290/297/286/McKenzie.pdf (accessed 15 March 2015);

McKINNON, Alexander John, 1947-, Torture of the Other : racism as an element of torture in contemporary military operations, Thesis, (M.A.), Carleton University, 2006; available at http://www.collectionscanada.gc.ca/obj/thesescanada/vol2/002/MR18285.PDF (accessed on 16 April 2012);

Allan Bruce McKinnon

McKINNON, Allan Bruce, M.P., Progressive Conservative, Introduction of Bill C-658, to amend the Canadian Forces Superannuation Act (retirement for misconduct), House of Commons, Hansard, 22 June 1982;

  Hon. Allan B. McKinnon (Victoria) moved

for leave to introduce Bill C-658, to amend the Canadian Forces Superannuation Act (retirement for misconduct).

....

Mr. McKinnon:

Madam Speaker, the purpose of this bill is to limit the extraordinary discretion of the Treasury Board under the
Canadian Forces Superannuation Act to reduce substantially pensions of Canadian Forces personnel who have

June 22, 1982

been discharged for misconduct, sometimes for less than major offences. It is to stop such miscarriages of justice
that 1 introduce a bill that I hope some day will receive approval from all sides of the House.

[source: lipad.ca/full/1982/06/22/12/#3371929, accessed 23 June 2018]

McKINNON, John Lauchlin, Colonel, member of the Bar of Nova Scotia, see the article by Barry Cahill, "Actions not words: Lawyers and the First World War",  an excerpt of this article was published in The Society Record, Vol. 35 No. 2, Fall 2016, available at http://nsbs.org/actions-not-words-lawyers-and-first-world-war (accessed 27 July 2018)

Though there was no clearly articulated response from the Society to the outbreak of war, its effects were felt from the very
beginning: John Lauchlin McKinnon (called in 1897), a serving Militia officer, had to resign as treasurer in order to answer
the call to arms. The closest thing in the Society to a professional soldier, McKinnon – according to his 1944 obituary – “had
a long and distinguished military life. He joined the Halifax Regiment of the Canadian Artillery back in the early [1890s]. He
served in Halifax at the start of the First World War and went overseas with the rank of major. He returned after the war with
the rank of a full colonel.” McKinnon was unusual in that he was among the few lawyer-soldiers called on to apply his
professional knowledge, on various occasions serving as Acting Judge Advocate General of the Canadian Forces.

___________McKINNON, John Lauchlin, see Nova Scotia's part in the Great War, compiled and edited by M.S. Hunt, Halifax, N.S. : Nova Scotia Veteran Pub., 1920; 456 pages, at p. 76, available at  (accessed 24 March 2019);

On the formation of the Nova Scotia Regimental Depot, Lieutenant-Colonel
McKinnon was given command and was later appointed  Deputy Judge Advocate
General, Canadian Forces Overseas. 

McKOENA, Kashmeel (Dennis Kashmeel Keevantoza), legal officer, member of the OJAG; his court martial at McKoena D.K.K. (Captain), R. v., 2005 CM 6 (CanLII), <http://canlii.ca/t/282kt>  where he was acquitted of all charges (site accessed on 5 May 2018);

____________ "MLOTV: Canadian Forces (CF) Grievance Process", 25 May 2012, 13:15 minutes, available at https://www.youtube.com/watch?v=DJVy8FWzVf8 (accessed 1 January 2016);

___________Web site of Kashmeel McKöena, available at  http://mckoenalaw.com/ (accessed 1 January 2015);

Kashmeel joined the Canadian Forces in 2003 as practicing military lawyer with the Office of the JAG Headquarters in Ottawa,
Kashmeel participated in several military law & training assignments; including acting as the legal advisor to the Canadian Forces
Grievance Authority and the training of Law Of Armed Conflict to members of the Canadian Forces.

Kashmeel retired from the Canadian Forces JAG at the rank of Major and join McKöena Law Professional Corporation where he
continues his legal practice as a passionate advocate for his clients when it matters the most.
[Source: http://mckoenalaw.com/about-us/, accessed 1 January 2015]

McLAUGHLIN, Beverly:

- Chief Justice of the Supreme Court of Canada, 2000 to 20017, see Wikipedia; accessed 17 May 2019;

The Chief Justice, the Right Honourable Beverly McLaughlin, Supreme Court of
Canada, as seen on the Webcast of the hearing on 2015-05-12, case number 35755,
Second Lieutenant Moriarity, et al. v. Her Majesty the Queen, et al. (Federal Court)
(Criminal) (By Leave), see  https://www.scc-csc.ca/case-dossier/.... and R. v. Moriarity [2015] S.C.C.  55.

-  Named Honorary Captain (Navy) of the Office of the Judge Advocate General, June 2018:

La capitaine de vaisseau honoraire du Cabinet du Juge-avocat général Beverly
McLachlin avec la Commodore Geneviève Bernatchez, Juge-avocat général, le
juin 2018, Ottawa (photo: Caporal-chef Pierre Habib, FAC), source: www.45enord.ca/2018/06/
lex-juge-en-chef-du-canada-devient-capitaine-honoraire-du-cabinet-du-juge-avocat-general, consulté le 17 mai 2019

xDefence counsel for the three accused officers is Col. P. Elmer McLaughlin,
former St. Stephen, N.B., lawyer stationed at Saint John, N.B. 

McLEAN, James Montalieu, 1909-1989, "Deaths -- McLACHLAN, James Montalieu", The Globe and Mail, Toronto, 4 February 1989, at p. A14;

[Died] At Macassa Lodge in Hamilton on Friday, February 3rd 1989, beloved husband of Mary Constance Hunt.
....  He was born in Leduc Alberta and raised in Woodstock, Ontario.  The son of the late James and Louise Nesbitt
McLean.   He graduated from Upper Canada College and Osgoode Hall Law School.  He practised law in
Hamilton for many years and was a life member of the Law Society of Upper Canada.  During W.W. II he served as
an officer with with Arggyll and Sutherland Highlanders of Canada (P.L.) and later in the war as Assistant Judge
Advocate General at National Defence Headquarters in Ottawa. ...

McLEAN, Lieutenant-Colonel Mike, "ROE: Their Impact on Combat Stress in Peace Support Operations", AMSC 3 (Advanced Military Studies Course 3), Canadian Forces College, 26 p.; available at http://www.cfc.forces.gc.ca/259/260/263/mclean2.pdf (accessed on 19 June 2012);

Armand Desroches, source of photo: http://www.redecoupage-federal-redistribution.ca/content.asp?section=pei&dir=mem&document=index&lang=f (accessed on 20 March 2014)

McLEAN, R. and A. (Armand) Desroches (both Lieutenant-Colonels), "The Canadian Forces in Internal Security Operations” in The Management of the Police Response to Crisis Situations: the Proceedings of the Tactical Unit Workshop Canadian Police College, Ottawa: Canadian Police College, 1982, 184 p., at  p. 61; Armand Desroches is a former Justice and JAG officer;

McLEARN, Brigadier-General  H.A. (Harold Alexander) ("Mac"),  "Canadian Arrangements for Aid of the Civil Power", (Summer 1971) 1(1) Canadian Defence Quarterly 26-31; available at http://www.lareau-legal.ca/Power44.pdf (accessed 8 September 2017); ; copy available at the Directory of History and Heritage, 2nd floor of the Colonel Charles P. Stacey Building, 2429 Holly Lane, Ottawa, Ontario;

Image source: flickriver.com/photos/tags/osgoodehalllawschool/interesting/, accessed 6 May 2018
Harold Alexander McLearn, Archives of
the Law Society of Ontario

___________1912-1990,  Brigadier-General McLearn was the Judge Advocate General from 20 February 1969 to 13 August 1972; subsequently worked for the Department of Justice Canada;

___________on McLearn, Brigadier-General Harold Alexander, see  McDONALD, R. Arthur, (Ronald Arthur), 1948-, Canada's Military Lawyers, Ottawa : Office of the Judge Advocate General, c2002, at pages 83, 97, 99, 99-102, 109, 114 and 117, available at i-xii and 1-102 and  103-242;

___________Testimony of Brigadier General H.A. McLearn, Judge Advocate General, Standing Committee on External Affairs and National Defence, Minutes of Proceedings and evidence respecting the White Paper entitled "Defence in the 70s", No. 5, Thursday, March 9 and Thursday, March 16, 1972, 29 p. ; note: 28th Parl., 4th Sess.;  see http://publications.gc.ca/collections/collection_2016/spac-pspc/PF1-4-1972.pdf at p. 56;

Major Trevor P. McLeod, CD, BEng (Civ), LL.B., MBA 

Major Trevor McLeod joined the CF in 1983 as an ROTP cadet at the Royal Military College of Canada in Kingston.  He graduated in
1987 with a degree in civil engineering.  After an aborted attempt to become a CF pilot, Trevor completed classification training as an
Air Weapons Controller in 1989 

Trevor spent two tours of duty at the Canadian NORAD Sector in North Bay (1988 - 1992, and 1996 - 1999) where at different times
he maintained qualifications as a Weapons Director and Weapons Assignment Officer, Surveillance Controller, Standards Evaluator,
Operations Room Tactical Director, NORAD Airborne Battle Staff and Joint Operations Officer.  From 1992 to 1996 he was posted
to the NATO Airborne Early Warning Force in Geilenkirchen, Germany where he served as a Weapons Controller and Fighter Allocator
on squadron, as well as an Instructor in the Training Wing. 

After being accepted into the Military Legal Training Program in 1999, Trevor attended law school at the University of Ottawa and
graduated in 2002.  After completing his Bar Admissions Course for the province of Ontario, Trevor officially joined the Office of the
JAG in 2003.  As a Legal Officer he has advised in the areas of administrative law concerning personnel issues and grievances, on
general military law, and on military justice issues.  He has deployed operationally twice as a legal officer.  In 2007 he had an opportunity
to advise on operational law issues during a deployment to the Democratic Republic of Congo where he filled the position of Deputy
Military Legal Advisor to the United Nations peacekeeping force in that country.  In 2012 Trevor deployed to Kabul, Afghanistan and
served as the Deputy Training Advisor to the Afghanistan National Army Legal School. 

Trevor’s current and last posting as a legal officer is in Ottawa with the JAG Directorate of Law / Military Justice Policy where he
works diligently and tirelessly on the regulations and consequential amendments stemming from Bill C-15: Strengthening Military
Justice in the Defence of Canada Act.  He will be joining the ranks of the Department of Justice as a counsel with the International
Assistance Group.  Currently enjoying a return to paternity with a little one less than 2 years old, Trevor anticipates many years with
the Department of Justice. 

Congratulations to Major Trevor McLeod for his 33 years of service in the Canadian Armed Forces and numerous achievements as
an Air Weapons Controller and Legal Officer, and best of luck to him, his wife Vesna and two daughters Alyssa and Anna in their future endeavors.

........

 

Major Trevor P. McLeod, CD, BEng (Civ), LL.B., MBA 

Le major McLeod joint les FC en 1983 en tant que cadet dans le PFOR du Collège militaire royal du Canada, à Kingston.  En 1987, il
obtient un diplôme en génie civil.  En 1989, après un échec pour devenir un pilote des FC, Trevor complète la formation pour se qualifier
à titre de contrôleur des armes aériennes. 

Trevor a passé deux périodes de service avec le secteur canadien du NORAD à North Bay (1988 - 1992 et 1996 - 1999) où, pendant
des périodes différentes, il maintient ses qualifications comme directeur des armes et officier à l’affectation des armes, contrôleur de la
surveillance et évaluateur des normes, directeur tactique du Centre des opérations, officier d’état-major de combat aéroporté du NORAD et
officier des opérations interarmées.  De 1992 à 1996, il est posté à la Force aéroportée d’alerte avancée de l’OTAN, à Geilenkirchen, en
Allemagne, où il sert à titre de contrôleur à bord des avions dotés du système aéroporté de détection lointaine pour un escadron ainsi que
d’instructeur de l’escadre responsable de la formation. 

Après avoir été accepté au Programme militaire d’études en droit en 1999, Trevor a fréquenté la faculté de droit de l’Université d’Ottawa
et obtient son diplôme en 2002. Trevor complète ensuite son cours de formation professionnelle du barreau pour la province d’Ontario et
joint officiellement le cabinet du JAG en 2003. En sa qualité d’avocat militaire, il fournit des avis dans le domaine du droit administratif,
sur les questions de personnel et de griefs, du droit militaire en général, et de la justice militaire.  Il se déploie deux fois comme avocat militaire
en théâtre opérationnel.  En 2007 il avise sur les questions de droit opérationnel au cours d’un déploiement dans la République démocratique
du Congo où il occupe le poste de conseiller juridique militaire adjoint à la Force de maintien de la paix des Nations Unies dans ce pays. En
2012 Trevor se déploie à Kabul, Afghanistan ou il occupe le poste d’adjoint au conseiller militaire senior à l’École juridique de l’Armée nationale
afghane. 

La dernière et actuelle affection de Trevor en tant qu’avocat militaire est à Ottawa au sein de la Direction juridique / Justice militaire – politique
ou il a travaillé avec diligence et ardeur sur les amendements législatifs et règlementaires résultant du projet de loi C-15, la Loi visant à renforcer
la justice militaire pour la défense du Canada. Il va par la suite joindre les rangs du Service d’entraide internationale au Ministère de la Justice
en qualité d’avocat. Savourant présentement un retour aux joies de la paternité avec une petite ayant moins de 2 ans d’âge, Trevor anticipe plusieurs
années au sein de l’équipe du Ministère de la Justice. 

Félicitations au major Trevor McLeod pour ses 33 années de services au sein des Forces armées canadiennes et ses nombreux accomplissements
en tant que contrôleur des armes aériennes et avocat militaire, et meilleurs vœux à lui, son épouse Vesna et ses deux filles Alyssa et Anna dans leurs projets futurs.

[Source: email from Keith Reichert, Assistant Chief of Staff (Personnel), Office of the Judge Advocate General to Benoit Pinsonneault, alumni member, 16 August 2016, 14:33 h]

 

16004 Major Trevor McLeod (RMC 1987) is currently posted in Ottawa as Deputy Judge Advocate – Ottawa. He joined
the CF in 1983 as an ROTP cadet at the Royal Military College of Canada in Kingston. He graduated in 1987 with a degree
in civil engineering. After being accepted into the Military Legal Training Program in 1999, Major McLeod attended law
school at the University of Ottawa and graduated in 2002.

After completing his Bar Admissions Course for the province of Ontario, Trevor officially joined the Office of the JAG
in 2003. As a Legal Officer he has advised in the areas of administrative law concerning personnel issues and of general
military law. He had an opportunity to advise on operational law issues during a deployment to the Democratic Republic
of Congo where he filled the position of Deputy Military Legal Advisor to the United Nations peacekeeping force in that
country.  Source

MC MAHON, Benoit, military legal officer, biography (French and English), available at docplayer.fr/23371423-Un-headquarters-in-geneva-and-in-the-office-of.html (accessed 8 August 2017); member of Barreau du Québec;

Le major Mc Mahon est originaire de Laval, province de Québec.  Il a un frère
jumeau avec qui il a joué au baseball et au hockey durant toute sa jeunesse.
Il a aussi une sœur de 4 ans son ainée.  Ses parents sont retraités depuis quelques
années déjà et ils vivent paisiblement à Rawdon, petite ville située au nord‐est de Montréal.

Le major Mc Mahon est avocat depuis1993.  Après ses études de droit à l’Université de
Montréal (LL.B. 1989‐1992), le major Mc Mahon fait son stage comme procureur de la poursuite
au palais de justice de Montréal où il fait partie de l’équipe des enquêtes préliminaires. Après
son stage, le major McMahon devient avocat de la défense à Montréal où il exerce en pratique
privée de 1994 à 1998.  En 1999, le major McMahon joint les FC et est muté à la Direction du
service des avocats de la défense.  Dès l’année 2000, le major Mc Mahon retourne à Montréal
en tant que JAA au SQFT, et en profite pour être déployé en Bosnie-Herzégovine sur la roto 10.

Il retourne ensuite à Ottawa pour travailler à la direction du droit administratif pendant environ
deux ans (griefs) et revient à ses anciennes amours en 2006 comme procureur militaire régional
à Ottawa (deux ans) et Edmonton (trois ans).  Entre 2012 et 2014, le major Mc Mahon est muté
à Ottawa et agit en tant que conseiller juridique du Centre de soutien aux enquêtes administratives
(CSEA‐AISC). Le major McMahon est transféré au CDMFC en 2014 où il enseigne le DIH, le droit
administratif et le droit militaire.  Il détient une Maîtrise professionnelle en droit administratif du
Osgoode Hall Law School.  La  lecture de romans, la marche et l’entraînement au gymnase font
partie de ses passe‐temps.

[Research note: for an English version of the biography, see https://cdp-hrc.uottawa.ca/sites/cdp-hrc.uottawa.ca/files/contributors_ihl2018.pdf,
accessed 28 September 2018]

McMILLAN, Elizabeth, Anjuli Patil, "Forces members who disrupted Indigenous rally face 'severe consequences'.  'Their future in the military is certainly in doubt,' says Gen. Jonathan Vance, chief of defence staff", CBC News, Nova Scotia, 4 July 2017, available at http://www.cbc.ca/news/canada/nova-scotia/proud-boys-canadian-military-indigenous-protest-disrupted-1.4189615 (accessed 6 July 2017);

Image source: pressreader.com/canada/ottawa-citizen/20100809/281784215388365, accessed 7 November 2017
John McMunagle
McMunagle, John A.,  notes on Ontario Superior Court Justice John McMunagle, see http://www.queensu.ca/gazette/content/alumni-sworn-judges-superior-court, accessed 7 November 2017;

Two Queen's alumni were sworn in on August 9 [2010] as judges of the Superior Court of Justice. 

The appointments of the Honourable Peter B. Annis, Arts'68, Law'71, and the Honourable
 John A. McMunagle, Law'85, were announced by the federal Minister of Justice in June.

Mr. Justice McMunagle has been a sole practitioner since 2008. He practised with McCann
Law Offices (2002-2008) and was a sole practitioner (1992-2002). He has been a prosecutor
for the Law Society of Upper Canada since 2004; a member of the Canadian Armed Forces
Reserves, Judge Advocate General since 1999; standing part-time prosecutor for Elections
Canada (1992-2007); part-time assistant Crown Attorney for the Ministry of the Attorney
General (1993-1997). His main area of practise was criminal defence trial litigation.

McNAIRN, David, Canadian Military Justice, forthcoming book, 2015-2016, Irwin Law Inc.; source:  http://www.scc-csc.gc.ca/factums-memoires/35946/FM010_Appelant_Sergeant-Damien-Arsenault.pdf, at p. 44, accessed 16 March 2015;

Image source: https://www.flickr.com/photos/umjanedoan/497353227/, accessed 11 February 2015

___________ "The Canadian Forces' Criminal Law Firm: A Blueprint for Independence -- Part I", (2003) 8(2) Canadian Criminal Law Review 237-280 and "The Canadian Forces' Criminal Law Firm: A Blueprint for Independence -- Part II", (2004) 8(3) Canadian Criminal Law Review 329-376;

___________"The costs connandrum in the Court Martial Appeal Court", circa 2012, available at http://www.cba.org/cba/newsletters-sections/pdf/2012-05-military-2.pdf (accessed on 1 February 2015);

___________"Does Canada Need a Permanent Military Court?",  (2006) 18 Constitutional Law 205-234;

___________"Message from the Chair" (February/Février 2003) Sword & Scale -- Salut militaire 2 and 7; available at  http://web.archive.org/web/20050125062546/http://dev.cba.org/CBA/Sections/military/swordscaledec2002.pdf (accessed on 19 April 2012);
FRANÇAIS:
___________"Précis : Message du président" (February/Février 2003) Sword & Scale -- Salut militaire 2 et 6; disponible à  http://web.archive.org/web/20050125062546/http://dev.cba.org/CBA/Sections/military/swordscaledec2002.pdf (site visité le 19 avril  2012);

___________"A Military Justice Primer, Part I and Part II", (2000) 43 The Criminal Law Quarterly 243-267 and 375-392; with the same title in  (July-October 2000) vol. 3 JAG Newsletter / JAG Bulletin d'actualités 32-49;
FRANÇAIS :
___________"Introduction au système de justice militaire" dans Congrès annuel du Barreau du Québec 2002, 2002, 614 pages, aux pp. 1-45; disponible à http://congres.barreau.qc.ca/2002/documentation.html (vérifié le 27 février 2012); aussi publié dans (2002) 7(3) Canadian Criminal Law Review / Revue canadienne de droit pénal 299-332; aussi disponible à https://edoctrine.caij.qc.ca/recherche#q=cour%20martiale&t=edoctrine&sort=relevancy&f:caij-unik-checkboxes=[Doctrine,L%C3%A9gislation,jurisprudence]&m=detailed&i=7&bp=results (vérifié le 23 mars 2018);

___________Canadian Military Law, Ottawa : University of Ottawa, Common Law Section, 2013-, "CML 3149" (seies; Casebook, University of Ottawa, Common Law Section; copy at the University of Ottawa, Fauteux Library: KE 6800 .M36  2013-2014 v.1 et v. 2; 
 

Image source: http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/nzaflr3&div=12&id=&page=, accessed 11 February 2015
___________"Military Law Reform in Canada", [2003] New Zealand Armed Forces Law Review 51-56; p. 51 is available at http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/nzaflr3&div=12&id=&page=  (accessed on 27 February 2012);

___________"Should Canada's Military Justice System Have Jurisdiction Over Ordinary Criminal Offences?",  in Michel Drapeau Law Office, ed.,  Winds of Change: Conference and Debate on Canadian Military Law, [Ottawa:] Michel Drapeau Law Office, 2016, 102 p., at pp. 65-71, NOTES: Conference held at the University of Ottawa, 13 November 2015; "For the first time an international academic conference on military law was held in Canada at the University of Ottawa with the focus on reform and comparative law" (Gilles Létourneau, Preface, p. 7);  "(Organizing Committee for the Conference: Michel W. Drapeau, Joshua M. Juneau, Walter Semianiw and Sylvie Corbin)"; Speech transcribed by Joshua M. Juneau, p. 31; available at mdlo.ca/wp-content/uploads/2016/01/2015-Conference-Proceedings.pdf (accessed 20 January 2016);

The Three Conditions for the Exercise of Military Jurisdiction Over Ordinary
Criminal Offences: A Reformulation of the Military Nexus Doctrine

What I am about to offer you is in effect a reformulation of the military nexus doctrine which developed rather haphazardly in Canadian
jurisprudence.  I suggest that the military justice system should only exercise its concurrent jurisdiction over an ordinary criminal offence
allegedly committed in Canada by a person subject to the Code of Service Discipline if three conditions are satisfied:

1. Is there a real and substantial connection between the alleged offence and the accused’s military service?

2. Taking into account all relevant considerations, is there a compelling military interest in prosecuting the alleged offence?

3. Have civilian justice authorities been fully informed of the circumstances of the alleged offence, waived their authority to prosecute the
offence, and consented to the prosecution in the military justice system?

___________Studies in Public Law: Canadian Military Law CML 4104A-- Materials on Military Justice, University of Ottawa, 2009; available in part at http://www.commonlaw.uottawa.ca/index2.php?option=com_docman&task=doc_view&gid=2583&Itemid=99999999  and http://www.commonlaw.uottawa.ca/index2.php?option=com_docman&task=doc_view&gid=2613&Itemid=99999999,  http://www.commonlaw.uottawa.ca/index2.php?option=com_docman&task=doc_view&gid=2551&Itemid=99999999, http://www.commonlaw.uottawa.ca/index2.php?option=com_docman&task=doc_view&gid=2552&Itemid=99999999, http://www.commonlaw.uottawa.ca/index2.php?option=com_docman&task=doc_view&gid=2583&Itemid=99999999, http://www.commonlaw.uottawa.ca/index2.php?option=com_docman&task=doc_view&gid=2613&Itemid=99999999
(accessed on 6 December 2011 and 6 January 2012);

___________Studies in Public Law: Canadian Military Law [Materials on Military Justice], Ottawa: University of Ottawa, Common Law Section 2011-, (series; Casebook, University of Ottawa, Common Law Section), NOTES: CML 4104;  Latest edition only kept at the Law Library; copy at Ottawa University, FTX Reserve  KE 7146 .M36  2011-2012, volumes 1 and 2;

___________"An Update on Military Law Reform in Canada", [December 2004] New Zealand Armed Forces Law Review 36 to approx. 44;  title noted in my research but article not consulted yet (4 November 2005);

___________ "Why is independence of the legal profession important?" (May/Mai 2002) Sword & Scale -- Salut militaire 4 and 7; available at http://web.archive.org/web/20050125112748/http://dev.cba.org/CBA/Sections/military/swordscaleapril2002.pdf (accessed on 19 April 2012);
FRANÇAIS:
___________"Précis : Pourquoi l'indépendance de la profession est-elle si important?" (May/Mai 2002) Sword & Scale -- Salut militaire 4; disponible à http://web.archive.org/web/20050125112748/http://dev.cba.org/CBA/Sections/military/swordscaleapril2002.pdf  (site visité le 19 avril  2012);

McNAMER, John, "Canada -- Briefing to the UN Committee against Torture, 48th Session, May 2012, on Canada's Transfer of Afghan Detainees into the Danger of Torture by Other Authorities", available at http://www.nightslantern.ca/law/mcnamertocat.pdf (accessed on 3 November 2014); 

___________"Canada's Detainee Torture Scandal : An Overview February 12, 2012",  13 p.; available at http://www.lawyersagainstthewar.org/letters/Canada.Detainee.Scandal.Feb.12.pdf (accessed on 22 May 2012);

Image source: johnjmcneil.files.wordpress.com/2011/08/wilcox-gazette.jpg, accessed 7 November 2017
McNEIL, John, Cape Breton Post, "Soldier accused of murder loses constitutional challenge", The Montreal Gazette, 18 March 2009, available at https://mcneilmedia.ca/nr3/ (accessed 7 November 2017);

Defence lawyer Maj. Stephen Turner presented arguments Tuesday, claiming the process for selecting the military
 jury that will hear Wilcox’s court martial violates his constitutional right to a fair trial.
....
Military prosecutor Maj. Sherry MacLeod said Turner’s arguments called for broad changes to the military justice
system without demonstrating that any of these possible problems will actually affect the Wilcox court martial.

McNEILL, N.-N. (could be instead N.J., see infra next entry) research note: article about a General Court martial where Captain N.-N. McNeil from Calgary was the prosecutor,  see "Procès de trois soldats devant une Cour martiale, à Aldershot", Le soleil,  mardi 31 juillet 1945, à la p. 9; disponible à http://collections.banq.qc.ca/ark:/52327/3439529 (consulté le 21 août 2018);

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

____________on McNeill, N.J., Captain, from Calgary, see "Canadian Not Guilty of Fomenting Mutiny", Hamilton Spectator, 1945/08/01, available at https://collections.museedelhistoire.ca/warclip/objects/common/webmedia.php?irn=5030367  (accessed 4 June 2019);

McQUARRIE, Robert Laughlin, lawyer and was named Assistant Judge Advocate-General in charge of internment camp operations during WW II, see Dr. L. Gordon Goldsborough, "Memorable Manitobans: Robert Laughlin McQuarrie (1896-1968)", Manitoba Historical Society, available at http://www.mhs.mb.ca/docs/people/mcquarrie_rl.shtml (accessed 17 March 2019);

Memorable Manitobans: Robert Laughlin McQuarrie (1896-1968)

Lawyer.

Born at Minnedosa on 21 February 1896, son of Thomas Chalmers McQuarrie (1858-1921) and Mary
Cameron Smith (1863-?), he was educated in Minnedosa. In 1917, he enlisted in the military and served
two years in the Royal Canadian Army Medical Corps and Royal Flying Corps. After the First World War,
he articled in law with James F. Kilgour and was called to the Manitoba Bar in 1925. He became a member
of Kilgour, Foster & McQuarrie and later joined the firm of Coldwell, Coleman & Kerr. During the Second
World War, he rejoined the military in August 1940 and served as Assistant Judge Advocate-General in
charge of internment camp operations. He made a King’s Counsel in 1944. On 20 November 1926, he
married Norma Henrietta Andrew (?-?) of Minnedosa and they had one daughter. He served as President of
the Brandon Kinsmens Club (1927) and Vice-President of Canadian Kinsmens Clubs (1928-1929). Active
in Conservative politics, in 1929 he was President of the Federated Young Conservative Clubs of Manitoba.
He was a member of the Brandon Masons, Canadian Club of Brandon, and Anglican church. He retired to
Victoria, British Columbia in 1949 and died there on 5 March 1968.

.___________on McQUARRIE, Robert Laughlin, Major, Assistant Judge Advocate -General, military district number 10, Winnipeg,  see his memorandum dated 16 September 1943, Canadian Heritage, Canadian Army Courts Martial documents T-15650, matching page image 2567,  available at http://heritage.canadiana.ca/view/oocihm.lac_reel_t15650/2567?r=0&s=1 (accessed 24 March 2019);

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

.

___________on McQUARRIE, Robert Laughlin, see his personel military file at http://www.bac-lac.gc.ca/eng/discover/military-heritage/first-world-war/first-world-war-1914-1918-cef/Pages/item.aspx?IdNumber=135176 and   (accessed 17 March 2019);

Angus McRae
McRAE, Angus, Reverend, died in 2011, as a Captain-Chaplain was court martialed in 1980 for sex offences on a young boy, see the site http://www.theinquiry.ca/wordpress/accused/charged/mcrae-father-angus-mcrae/#comments (accessed 30 August 2017); the trial was held in-camera; there was an appeal as to severity of sentence and it was reduced to 18 months; Capt Boan was the prosecutor and LCol Fay the JAG;

Priest, Archdiocese of Edmonton, Alberta.  Ordained 05 June 1954. Spent several years with the Canadian Armed Forces as a military chaplain.
1980  court martial –  sentenced to four years for sex abuse of young boy. The charges, which included buggery, gross indecency and indecent
assault, were laid by military police and prosecuted by military.  Served only 10 months of four year sentence, and that  in CFB military prison
in Edmonton.

___________on the court martial , see "Military Chaplain sentenced to 4 years over sexual offences", The Globe and Mail, 1 August 1980, at p. 11;

ProQuest Historical Newspapers
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___________another conviction in 1989, see "Ex-Edmonton priest convicted on sex charges", Edmonton Journal 23 July 1989, at p. B8;

TORONTO (CP) -- A 63-year- old Roman Catholic priest who molested two boys from his suburban parish
has been placed on probation for three years.

Rev. Angus NcRae, once a military haplain at CFB Edmonton, pleaded guilty Friday to sexual exploitation
and sexual interference for fondling the buttocks of the boys, aged 12 and 14, several times over the past year.

McRae often discussed erections and masturbation with the older boy, Crown attorney Mary Hall told provincial court.

When the older boy began avoiding him, McRae started to get friendly with the 12-year-old, and fondled his
buttocks "whenever he had the opportunity."

The boys' complaints to church officials in May prompted calls to the Catholic Children's Aid Society and Toronto
police, who charged McRae June 27.

McRae underwent psychological assessment and will receive treatment, the defence said. He will return to a small
farming community on the outskirts of Edmonton to live with his sister.

The church has barred him from parish work for life.

The judge also ruled McRae is not to associate with anyone under the age of 18 unless accompanied by an adult.

He received a four-year sentence in 1980 after being convicted of three sex charges involving a boy.

He had been tried at a military court martial in Edmonton on charges of buggery, indecent assault and gross
indecency.

[source: https://search-proquest-com.ezproxy.biblioottawalibrary.ca/; accessed 11 September 2018]  

McRAE, D.M., "Annual Conference of the Canadian Council on International Law", (1975) 12 Canadian Yearbook of International Law / Annuaire canadien de droit nternational 267-271;

The Canadian Council on International Law held its third Annual Conference in Ottawa on October 18-19, 1974. The theme of the
Conference was International Terrorism and three sessions were devoted to it. The first session on October 18 focused on a paper
delivered by Professor Paul de Visscher of the University of Louvain, Belgium, entitled, “Le Terrorisme International: Ses Effets
sur l’Ordre Juridique International.” The paper was commented upon by Professor L. C. Green of the University of Alberta,
Professor Jordan J. Paust of the University of Houston, and Brigadier J. M. Simpson of the office of the Judge Advocate General.

McRAE, Peter, Unaccountable Soldiers: Private Military Companies and the Law of Armed Conflict, LL.M. thesis, University of Ottawa, 2011, iii, 116 p.; LaViolette, Nicole; available at https://www.ruor.uottawa.ca/handle/10393/20580?locale=fr (accessed on 15 October 2015); also available at http://www.collectionscanada.gc.ca/obj/thesescanada/vol2/OOU/TC-OOU-20580.pdf  (accessed 9 September 2017);

[Abstract]
The use of Private Military Companies (PMCs) has become an increasingly common feature of contemporary armed conflict. Because of their autonomous
contractual status, PMCs have presented governments with problems of accountability on several levels, including violations of international human rights
and humanitarian law (IHL) standards. This thesis argues that PMCs should be considered to be non-state actors (NSAs), subject to international law from
both an International Relations Theory and a Legal Theory perspective. This conclusion is linked to the issue of whether individual PMC employees can
be treated as legitimate combatants according to IHL. State practice has not led to a clear understanding of the definition of combatant, a problem which
has been compounded by a lack of government policy on the use of PMCs. Using Canadian experience as a case study, the thesis concludes that IHL
suggests two options for regularizing the status of PMCs which would both strengthen accountability and uphold the rule of law.

McWHINNEY, Edward, "The Firing Squad Case: Have we swept it under the rug?", The Globe and Mail, 11/04/1966, p. 7;

THE TRIAL AND execution in the Netherlands of the two German prisoners-of-war, Bruno Dorfer and Rainer Beck, nine
days after the Allies abolished the legal... (source: http://queensu.summon.serialssolutions.com/search?s.cmd=nextPage%
28%29&s.light=t&s.pn=5&s.q=%22canadian+military+law%22, accessed 15 October 2015)

 ____________"Canada and the 2003 invasion of Iraq: Prime Minister Chrétien's gloss on the UN charter principles on the use of force", (2007) 45 Canadian yearbook of international law 271-290;

Source de l'image: https://www.mcgill.ca/law/fr/about/profs/megret-frederic, visité 18 octobre 2015
MÉGRET, Frédéric, "Thinking About What International Humanitarian Lawyers 'Do': An Examination of the Laws of War as a Field of Professional Practice", (October 7, 2014) in Wouter Werner, Marieke de Hoon, and Alexis Galán Ávila (eds), The Law of International Lawyers (2015). Available at SSRN: http://ssrn.com/abstract=2670673 (accessed 18 October 2015);

Photo with the article
MELNYK, Kelly, "The Resort to Force and International Humanitarian Law in Contemporary Armed Conflicts: The Military Lawyers’ Perspective", Thompson Rivers University, Faculty of Law, available at  http://law.inside.tru.ca/2015/10/03/the-resort-to-force-and-international-humanitarian-law-in-contemporary-armed-conflicts-the-military-lawyers-perspective/ (accessed 16 November 2015);

Lieutenant-Commander Mike Madden and Major Patricia Beh of the Canadian Armed Forces, Judge Advocate General (JAG), will be speaking on the “The Resort to Force and International Humanitarian Law in Contemporary Armed Conflicts: The Military Lawyers’ Perspective” on Wednesday, October 14th, 2015 at 1:oopm in OM 3632.

Alain Ménard (à droite) avec Francis                   
(Frank)  Bergeron (court reporter), sourcede la photo: JAG Newsletter/Les actualités,
vol. 1, 2003 at p. 16

MÉNARD, LCol A. (Alain), "The Role of the Military Judge: Meeting the Challenges of Independence - National Military Law Section Panel - Discipline Through Justice - Canadian Bar Association Annual Conference - Saskatoon - August 2001", (Jun-Dec 2001) 2 JAG Newsletter-Les actualités 49-54; note: "BGen Pitzul was the invited speaker at the luncheon given by the Association des avocats civilistes", November 1, 2001, Ottawa; note: bilingual article (parts in French and English) / article bilingue (parties en français et anglais);

source: collectionscanada.gc.ca/webarchives/20060224042032/http://www.forces.gc.ca/cmj/photos2_e.asp?img=eggleton
"Judges Swearing in ceremony"; Lieutenant-Colonel Ménard is first
left, back row

Source of image: cba.org/CBA/Judges_Forum/pdf/voxjune2003.pdf, accessed 31 October 2015
"Military judges: Lieutenant Colonel Alain Ménard ((back),
and left to right, Commander Jim Price, Lieutenant Colonel
Mario Dutil, Colonel Kim Carter."

___________Notes on LCol Ménard:

Biography - Lieutenant-Colonel Alain Ménard

Lieutenant-Colonel Ménard was born in Joliette, Québec. He obtained his Bachelor of Arts degree from the University of Montréal and his Law degree at
Sherbrooke University in 1971. Admitted to the practice of law in 1972 he has been a member of the Québec Bar ever since.

Lieutenant-Colonel Ménard practised law for 4 years in private practice before he enrolled in the CF in August 1976. After being commissioned he served
initially in Ottawa in the Claims section and in the Legislation, Regulations, Orders and Finance section.

Promoted to the rank of major in 1980, he was appointed Deputy Judge Advocate, CFB Montréal (St-Hubert) until 1982 when he joined the Office of the
Senior Legal Adviser Europe in Lahr, FRG, until 1986.

In July 1986 he was posted to the Defence and Training section in Ottawa until March 1987, at which date he was posted to the Legislation, Regulations,
Orders and Finance section.

Promoted to the rank of Lieutenant-Colonel on the 1st of August 1988 he was appointed Director of Law/Pensions and Estate in Ottawa for a period of one year.

On 21 November 1989, he was appointed Military Trial Judge for a period of 4 years, which appointment was renewed until November 2, 2002.
(source: http://web.archive.org/web/20021022002424/http://www.forces.ca/cmj/biosMenard_e.asp, accessed on 10 May 2014)

-----

Biographie - Lieutenant-colonel Alain Ménard, CD

Le lieutenant-colonel Ménard est né à Joliette (Qc). Il a fait son cours classique au Séminaire de Joliette et son cours universitaire à Sherbrooke (Qc) où il
obtint une licence en droit en 1971. Il fut admis à la pratique du droit en 1972 et est membre en règle du Barreau du Québec depuis lors.

Le lieutenant-colonel Ménard a pratiqué le droit pendant une période de 4 ans dans un bureau de pratique privée et s'est par la suite enrôlé dans les Forces
canadiennes en août 1976. Une fois son brevet d'officier obtenu, il travaille au cabinet du Juge-avocat général à Ottawa à la section des réclamations de
même qu'à celle des lois, règlements, ordonnances et finances.

Promu major en 1980, il occupe le poste d'adjoint au juge-avocat à la BFC Montréal (St-Hubert) jusqu'en 1982 d'où il est muté au bureau du conseiller
juridique supérieur en Europe, à Lahr, en RFA jusqu'en 1986.

En juillet 1986, il est affecté à Ottawa à la section de défense et formation jusqu'en mars 1987 alors qu'il est muté à la section de législation, règlements,
ordonnances et finances.

Promu lieutenant-colonel le 1er août 1988, il occupe le poste de Directeur juridique, Pensions et successions à Ottawa pendant un an.

Le 21 novembre 1989, il fut nommé juge militaire pour une période de quatre ans, nomination qui devait être renouvelée jusqu'au 2 novembre 2002.
(source: http://web.archive.org/web/20021028061635/http://www.forces.ca/cmj/biosMenard_f.asp, site visité le 10 mai 2014).

MERCIER, Noémi, "Jonathan Vance: ‘I’m not satisfied at all with where we are at’ Noémi Mercier in conversation with the Chief of the Defence Staff of the Canadian Armed Forces on sexual assault and harassment in the military", MacLean's, 1 February 2016; available at http://www.macleans.ca/news/canada/jonathan-vance-im-not-satisfied-at-all-with-where-we-are-at-right-now/ (accessed 5 February 2016);

____________ "La justice militaire canadienne n’est pas indépendante»  Dans une entrevue exclusive, le grand responsable de la justice militaire du Royaume-Uni déplore le manque d’indépendance et d’impartialité de l’appareil de justice des Forces canadiennes",  L'actualité, 18 janvier 2016; disponible à  http://www.lactualite.com/societe/la-justice-militaire-canadienne-nest-pas-independante/ (vérifié 20 Janvier 2016);

___________ "La justice militaire sort gagnante en Cour suprême", L'Actualité, 24 novembre 2015; disponible à http://www.lactualite.com/actualites/politique/la-justice-militaire-sort-gagnante-en-cour-supreme/ (visité 25 novembre 2015); aussi disponible à http://lactualite.com/politique/2015/11/24/la-justice-militaire-sort-gagnante-en-cour-supreme/ (vérifié le 1er mars 2018) et dans cette dernière référence à noter les 7 commentaires qui suivent l'article dont ceux de l'auteure, Jean Caron, Pierre-André Hamel et Jean-Guy Perron;

Ainsi, les Forces canadiennes conservent toute leur latitude pour juger non seulement les manquements disciplinaires de leurs membres
(comme l’insubordination ou l’absence sans permission), mais aussi leurs crimes, sans devoir consulter les autorités civiles. Et ce,
quelles que soient les circonstances. Que le soldat ait commis son infraction alors qu’il était en devoir ou non, que l’incident se soit
produit sur une base militaire ou en dehors, que la victime soit militaire ou civile, peu importe, tranche la Cour suprême: le procès
peut se dérouler dans une cour martiale, dans ce régime opaque où tous les acteurs, du juge au sténographe en passant par les
procureurs et les jurés, sont militaires.

Tout le flou qui pouvait encore planer sur ce point vient de s’envoler. «On a perdu sur toute la ligne», admet le Capitaine de corvette
Mark Létourneau, l’un des avocats militaires qui ont plaidé cette cause devant la Cour suprême. Joint au téléphone à son bureau de
Gatineau, quelques heures après le dévoilement du jugement, il était sonné par l’ampleur de la défaite. «Les assises constitutionnelles
 du système de justice militaire sont pas mal plus fortes aujourd’hui qu’hier.»

MERCIER, Noémi et Alec Castonguay, "Crimes sexuels: le cancer qui ronge l'armée", L'Actualité, 22 avril 2014;

Marco Morin, un avocat de Victoriaville et lieutenant-colonel à la retraite, a souvent plaidé en cour martiale, lui qui a exercé le droit dans les Forces pendant
une vingtaine d’années, dans les années 1990 et 2000. « Ce système de justice n’en est pas un, dit-il. La cour martiale est excellente pour rendre une justice
expéditive dans des cas d’infractions à caractère purement militaire. Mais dans des causes d’agressions sexuelles, elle n’a pas les mêmes outils que les tribunaux
civils pour apprécier la gravité de la situation et rendre des ordonnances appropriées. Pourquoi donner cette juridiction à la cour martiale? Les agressions sexuelles
sont des crimes contre la personne qui dépassent toujours l’intérêt des Forces canadiennes à maintenir la discipline interne. »