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William and Mary, 1688: An Act for punishing Officers or Soldiers who shall Mutiny or Desert Their Majestyes Service. [Chapter V. Rot. Parl. pt. 5. nu. 2.]

William and Mary, 1688: An Act for punishing Officers or Soldiers who shall Mutiny or Desert Their Majestyes Service and for punishing False Musters. [Chapter IV. Rot. Parl. pt. 3. nu. 3.]

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.]

William and Mary, 1694: An Act for continuing the Act for punishing Officers and Souldiers who shall mutiny or desert their Majesties… [Chapter XV. Rot. Parl. pt. 6. nu. 2.]

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.
1757

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This is interesting as a historical reference, to show the content of the Articles of War of the U.S. Army.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

An Essay on Military Law and the Practice of Courts Martial (second edition)
The Hon. Alexander Fraser Tytler (Formerly Judge-Advocate of North Britain)
1806

A Treatise on Courts Martial and Military Law
Isaac Maltby
Boston, MA
1813

The Administration of Justice under Military and Martial Law as Applicable to the Army, the Navy, the Marines, and Auxiliary Forces
Charles M. Clode
1874

INSTRUCTIONS RELATING TO NAVAL COURTS, 1919
(Generously provided by the Navy Museum of Halifax)

The National Defence Act (1950) (This is the text of the original NDA)

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
1985

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
1994

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

Report of the Special Advisory Group on Military Justice and Military Police Investigation Services
(Dickson Report)
14 March 1997

Bill C-25 (10 December 1998): An Act to amend the National Defence Act and to make consequential amendments to other Acts

What alternative punishment is there? Military Executions during World War I
Gerard Christopher Oram
MPhil, BA, PGCE
August 2000

Report of the Commission on the 50th Anniversary of the (U.S.) Uniform Code of Military Justice (May 2001) — “The Cox Commission”

United Kingdom Military Law: Autonomy, Civilianisation, Juridification.
G.R. Rubin
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

The First Independent Review by the Right Honourable Antonio Lamer P.C., C.C., C.D. of the provisions and operation of Bill C-25, An Act to amend the National Defence Act and to make consequential amendments to other Acts, as required under section 96 of Statutes of Canada 1998, c.35(Lamer Report)
3 September 2003

Leadership in the Canadian Forces: Conceptual Foundations:
This book is the authoritative guidance for the training, education and practice of leadership doctrine in the Canadian Forces. (Chapter three, pages 36 to 44, are entitled “Leadership and the Law”.
2005

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

Canadian Military Doctrine
April 2009
Canadian Military Doctrine
is the Canadian Forces capstone doctrine publication that specifies the roles and missions assigned to the CF; describes the fundamentals of warfare; provides guidance for command, control and organization of the CF; authorized command relationships and the authorities that military commanders can use; and formulates guidelines for operational activities embodied in strategic policy. It also provides the CF doctrinal basis for interdepartmental and interagency action in the rapidly emerging concepts of whole of government operations and the comprehensive approach strategy.

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
May 2009

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)
2009

Solicitor-Client Privilege: Challenges for the 21st Century
A discussion paper for the Canadian Bar Association
by Professor Adam Dodek
University of Ottawa
February 2011

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
2011

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.
December 2011

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
Peter Way
University of Windsor
12 April 2012

Bill C-25 (19 June 2013): An Act to amend the National Defence Act and to make consequential amendments to other Acts

The Impact of Military Justice Reforms on the Law of Armed Conflict: How to Avoid Unintended Consequences
Victor Hansen
21 Michigan State International Law Review 229 (2013)
New England Law | Boston Research Paper No. 14-03
45 Pages Posted: 12 Feb 2014 — Last revised: 5 Mar 2014
New England Law | Boston
Date Written: August 21, 2013

‘Anglo-American’ Military Justice Systems and the Wave of Civilianization: Will Discipline Survive?

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
June 2014

Independence, impartiality and competence of the judiciary, including military courts

Presentation by Arne Willy Dahl at expert consultation organized by the Office of the UN High Commissioner for Human Rights
Geneva
Monday, 24 November 2014

Summary of the discussions held during the expert consultation on the administration of justice through military tribunals and the role of the integral judicial system in combating human rights violations
United Nations High Commissioner for Human Rights
29 January 2015

External Review into Sexual Misconduct and Sexual Harassment in the Canadian Armed Forces
Justice Marie Deschamps, C.C. Ad.E.
27 March 2015

An Overview of Canada’s Military Justice System
13 January 2016

Court Martial Review
Canadian Bar Association
Military Law Section
March 2017

Behind the Times: Modernizing Canadian Military Criminal Justice

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
Mindia Vashakmadze
The Geneva Centre for the Democratic Control of Armed Forces
Geneva 2018

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
Charlottesville, Virginia
22903-1781
September 2018

2018-2021 Office of the JAG Strategic Direction
March 2018

Brief by the Barreau du Québec: Bill C-77 — An Act to amend the National Defence Act and to make related and consequential amendments to other Acts
31 October 2018

Report on the Military Judges Compensation Committee 2018

Report of the Senate Standing Senate Committee on National Security and Defence on Sexual Harassment and Violence in the Canadian Armed Forces
Ottawa,
May 2019

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

United Nations Special Rapporteur on the Independence of Judges and Lawyers (website)

Bill C-77 (2019) – An Act to amend the National Defence Act and to make related and consequential amendments to other Acts

CASE STUDY: Courts Martial of Master Corporal C.J. Stillman and Corporal Raphael Beaudry

Military justice articles by Tim Dunne
Click on the title to access the article

from the Halifax Chronicle Herald

Order in the Court Martial (part one of the Canadian Military Justice Series) The Charter of Rights and Freedoms, Canadian law and Canadian values are not a tide that lifts all boats equally. On their enrolment, personnel of the Canadian Armed Forces (CAF) forfeit many of their Charter rights and freedoms. Penalties for “infractions” are much more severe in the military context.

Charter rights are ignored in military justice system (part two of the Canadian Military Justice Series)THE CHARTER makes no exceptions for Canada’s armed forces and our military personnel do not lose their rights as they take the Oath of Allegiance. But military personnel tried by summary trials are subjected to a modern version of medieval justice. They are denied the most basic and important rights the Charter guarantees to all Canadians.

Military justice system in need of reform (part three of the Canadian Military Justice Series) –Dawn Thomson was the subject of a cover story, Rape in the Military, in the May 25, 1998, issue of Maclean’s magazine, in which she recounted being sexually assaulted while assigned to the Royal Canadian Navy’s West Coast installation. The article also told of 13 other women who were sexually assaulted, suggesting a pattern of sexual abuse of servicewomen.

Canada’s Broken Military Justice (part four of the Canadian Military Justice series)Canadian military law has a patchwork history. Nova Scotia passed its first Militia Act in 1758; New Brunswick followed in 1787; Lower Canada in 1803; Upper Canada in 1808 and, eventually, Canada enacted its first federal Militia Act in 1868. During the Boer War and both World Wars Canadian military personnel were subject to British military justice, the same system that executed 25 Canadians during the First World War. Canada’s National Defence Act (NDA) came into force in 1950.

Courts martial deny soldiers the very rights they defend (part five of the Canadian Military Justice series)Canada’s military courts martial are unfair, unjust and un-Canadian. They deny Canadian soldiers the basic rights that other Canadians are guaranteed and that military personnel are called upon to defend.

Canadian military justice system shaken to its core (part six of the Canadian Military Justice series)There is a maxim in the Canadian Armed Forces that corporals can be the military’s most formidable members. French Emperor Napoleon was nicknamed The Little Corporal. Adolf Hitler served in the First World War as a corporal. Paul Hellyer, architect of the unification of the Canadian Armed Forces in the late 1960s, served in the Second World War as a bombardier, or corporal in the Royal Canadian Artillery. And Robert J. Arrotta, a U.S. marine corporal, was the hero of the battle of Khe Sanh in Vietnam.

from FrontLine Defence magazine
 
Military justice: Past Its “Best Before” Date?Western democracies, including Austria, Germany, Sweden, France and Japan, are abandoning military justice in peace time. It is time for Canada to do the same? Are the provisions of the National Defence Act outdated and not in step with contemporary Canadian values, principles and jurisprudence?
 
Rethinking the Role of the Military PoliceCanadian Military Police is a separate police force whose only responsibility is enforcing the National Defence Act among military members and on military installations. The RCMP Act states that the RCMP is the national police force of Canada. Should Canada’s Military Police be converted to a reserve (part time) organization of the Canadian Armed Forces to be called out only in times of war for their traditional wartime roles, and replaced in Canada by the RCMP?
 
JAG Navigating Uncharted Shoals at Low Tide –  On 25 January 2018, the defence department announced that the Canadian Forces National Investigation Service (NIS), the military’s version of a criminal investigation section, had laid several charges against Colonel Mario Dutil, Canada’s Chief Military Judge.
 

 

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