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William and Mary, 1692: An Act for punishing Officers and Soldiers who shall mutiny or desert Their Majesties Service and for punishing False Musters and for the payment of Quarters [Chapter XII Rot. Parl. pt. 3. nu. 8.]
ARTICLES OF WAR: The Royal Navy 1757
This document is taken from the website for HMS Richmond and enumerates the 35 Articles of War of that time.
ARTICLES OF WAR: an Act for Establishing Rules and Articles for the Government of the Armies of the United States
This is interesting as a historical reference, to show the content of the Articles of War of the U.S. Army.
10 April 1806
(NEW) An Essay on Military Law and the Practice of Courts Martial (second edition)
The Hon. Alexander Fraser Tytler (Formerly Judge-Advocate of North Britain)
(NEW) A Treatise on Courts Martial and Military Law
INSTRUCTIONS RELATING TO NAVAL COURTS, 1919
(Provided by the Navy Museum of Halifax)
The Trail of Discipline: The Historical Roots of Canadian Military Law
Lieutenant-Colonel R.A. MacDonald
Director of Law/Human Rights and Information
From: Canadian Forces JAG Journal Volume 1
Military Law under the Charter
David J. Corry
Osgoode Hall Law Journal
Volume 24, Number 1 (Spring 1986) Article 3
Military Justice: from Oxymoron to Aspiration
Janet Walker, CD
Osgoode Hall Law Journal Vol 32 No 1
National Defence Act: Reform of the Military Justice System
Prepared by: Michel Rossignol Political and Social Affairs Division
Library of Parliament – Research Branch.
Revised 22 January 1997
What alternative punishment is there? Military Executions during World War I
Gerard Christopher Oram
MPhil, BA, PGCE
United Kingdom Military Law: Autonomy, Civilianisation, Juridification.
The Modern Law Review Limited 2002 (MLR 65:1, January).
Published by Blackwell Publishers,
36 108 Cowley Road, Oxford OX4 1JF, and
350 Main Street, Malden, MA 02148, USA.
1 January 2002
External Review of the Canadian Military Prosecution and Defence Counsel Services
Bronson Consulting Group
6 Monkland Avenue
Ottawa, Ontario, K1S 2Y9
Prosecution Services report is dated 31 March 2008, and Defence Counsel Services report is dated 15 September 2008
(the report of the Defence Counsel Services begins on page 124)
Canadian Armed Forces Military Administrative Law Manual
1 October 2008
Equal Justice: Reforming Canada’s System of Courts Martial
Final Report: A Special Study on the provisions and operation of An Act to amend the National Defence Act (Court Martial) and to make a consequential amendment to another Act, S.C.2008, c. 29
The Honourable Joan Fraser Chair
The Honourable Pierre Claude Nolin Deputy Chair
Standing Senate Committee on Legal and Constitutional Affairs
Sui Not-So Generous: The unconstitutionality of Canadian Court Martial Jury Trials
Lieutenant (Navy) Mike Madden
Appeal — Review of Current Law and Law Reform Vol. 14
University of Victoria (Law)
Solicitor-Client Privilege: Challenges for the 21st Century
A discussion paper for the Canadian Bar Association
by Professor Adam Dodek
University of Ottawa
Supporting the Troops: Fairness for Canada’s Soldiers
A critical analysis of Bill C-41, An Act to amend the National Defence Act and to make consequential amendments to other Acts.
British Columbia Civil Liberties Association
Report of the Second Independent Review Authority to
The Honourable Peter G. MacKay Minister of National Defence
The Honourable Patrick J. LeSage, C.M., O.Ont., Q.C.
Canada’s Military Justice System
Colonel Michael Gibson, CD, BA, LlB, MSc, LlM
At the time he wrote this article, Colonel Gibson was Deputy Judge Advocate General-Justice.
He was responsible for military justice policy, legislative reform and strategic initiatives concerning Canadian military justice.
Was originally published in Canadian Military Jurnal, volume 12, number 2 – Spring 2012
Brewed in Blood: Military Justice and Hydra’s Many Heads
University of Windsor
12 April 2012
The Impact of Military Justice Reforms on the Law of Armed Conflict: How to Avoid Unintended Consequences
21 Michigan State International Law Review 229 (2013)
New England Law | Boston Research Paper No. 14-03
45 Pages Posted: 12 Feb 2014Last revised: 5 Mar 2014
New England Law | Boston
Date Written: August 21, 2013
Lieutenant-Colonel S.S. Strickey of the Office of the Canadian Judge Advocate General asks whether discipline will survive as a result of what he calls civilianization of military justice.
Cambridge Journal of International and Comparative Law (2)4
27 March 2014
Military Justice: Proposals for a fair and independent Military Justice System
U.K. National Council for Civil Liberties
Presentation by Arne Willy Dahl at expert consultation organized by the Office of the UN High Commissioner for Human Rights
Monday, 24 November 2014
External Review into Sexual Misconduct and Sexual Harassment in the Canadian Armed Forces
Justice Marie Deschamps, C.C. Ad.E.
27 March 2015
Court Martial Review
Canadian Bar Association
Military Law Section
By Justice Gilles Létourneau and Colonel-Maitre Michel Drapeau
As was said by The Right Honourable Chief Justice of Canada in 2004, Canadians are privileged to live in a peaceful country. Much of the collective sense of freedom and safety comes from our community’s commitment to a few key values: democratic governance, respect for fundamental rights as well as the rule of law and accommodation of differences.
The commitment to these values must be renewed on every occasion and the institutions that sustain them must be cherished. Among those who valiantly uphold these values and institutions are the soldiers, men and women, of the Canadian Armed Forces who put their lives on the line to protect and defend the country and what Canadians
stand for. Many recognise that gratitude is owed to them, but few acknowledge, let alone are prepared to remedy the fact that they have been deprived of important legal rights by failing to reform and modernise the antiquated military justice system. Canadian soldiers and civilians tried in Canada before military ‘courts’, including summary trials, courts martial and other quasi-judiciary or administrative proceedings, are subject to a different treatment that denies them some of the fundamental rights Canadians are proud of and committed to.
30 March 2017
Court Martial Comprehensive Review–Interim Report
This report was undertaken with great fanfare by former Judge Advocate General Blaise Cathcart, but was not adopted by his successor,Commodore Geneviève Bernatchez.
21 July 2017
(It is provided here as a research and historical resource)
2018 Spring Report of the Auditor General of Canada to the Parliament of Canada
Report 3—Administration of Justice in the Canadian Armed Forces
2018 Fall Reports of the Auditor General of Canada to the Parliament of Canada
Report 5—Inappropriate Sexual Behaviour—Canadian Armed Forces
Understanding Military Justice: A Practice Note
The Geneva Centre for the Democratic Control of Armed Forces
Domestic Operational Law 2018 Handbook for Judge Advocates (2018)
(United States Army) Center for Law and Military Operations (CLAMO)
The Judge Advocate General’s Legal Center and School
An Examination of How the Canadian Military’s Legal System Responds to Sexual Assault
Dr. Elaine Craig
Dalhousie University – Schulich School of Law
29 May 2019