WINTER 2014
DCL 5123B – Canadian Military Law
CML 3149 – Studies in Public Law: Canadian Military Law
February 3 to April 04, 2014
17:00 to 19:00 hrs. – FTX 136
Professor Michel W. Drapeau, [Colonel (ret’d)]
Professor David McNairn
CANADIAN MILITARY LAW
SYLLABUS
Table of contents
o
o
o
o
o
o
o
Generally
Course Administration:
Objectives
Textbooks
Method of Instruction and Readings
Guest Speakers
Evaluation
Reference materials
Regulations
Jurisprudence
Course Outline
2
3
3
3
4
5
6
7
8
14
PROFESSOR MICHEL DRAPEAU
PROFESSOR DAVID MCNAIRN
OFFICE:
Michel Drapeau Law Office
192 Somerset Street West
Ottawa, Ontario
K2P 0J4
Justice Canada
DND/CF Legal Advisor
305 Rideau Street - 10th Floor
Ottawa, Ontario, K1A 0K2
TELEPHONE:
(613) 236-2657 extn 25
(613) 995-0510
E-MAIL:
Michel.Drapeau@mdlo.ca
David.McNairn@forces.gc.ca
OFFICE
HOURS:
By Appointment
By Appointment
First class:
February 3, 2014
Monday, March 10,
Last class on Wednesday, April 2, 2014
Course codes: DCL 5123B and CML 3139
Page 1
GENERALLY
National Defence
The National Defence portfolio comprises the following:

the Department of National Defence (DND); and

the Canadian Armed Forces (CAF),
two main separate legal entities which were integrated in the early 1970s. These two
organizations are managed by a single civilian/military staff situated at National Defence
Headquarters (NDHQ) in Ottawa.
The DND/CF organization includes the Office of the Chief Military Judge, the
Communications Security Establishment (CSE), the Office of the Judge Advocate General
(JAG), the Office of the Provost Marshall (CF PM), the Military Police Complaints
Commission (MPCC), the Military Grievances External Review Committee (MGERC) all of
which were established by the same statute – the National Defence Act, R.S. 1985, c. N-5
[NDA]. The Defence portfolio also includes the Office of the DND/CF Ombudsman, the
Canadian Forces Personnel Support Agency (CFPSA) the Defence and Research and
Development Canada (DRDC), the National Search and Rescue Secretariat (NSS), Canadian
Forces Housing Agency (CFHA), and the Cadets and the Junior Canadian Rangers
Veterans Affairs1
The Veterans Affairs portfolio consists of Veterans Affairs Canada (the Department),
the Veterans Review and Appeal Board, the Office of the Veterans Ombudsman as well as the
Bureau of Pensions Advocates which provides free legal advice and representation for
individuals dissatisfied with decisions rendered by VAC regarding their disability awards and
pensions. The Department of Veterans Affairs Act forms the basis of the Department's
mandate.
In 2006 Canada enacted the Canadian Forces Members and Veterans Reestablishment and Compensation Act, better known as the New Veterans Charter (NVC).
VAC also administers, on behalf of the Royal Canadian Mounted Police (RCMP), disability
pensions and health care benefits to certain still-serving and former members of the RCMP.
1
In March 2013, it is estimated that there are over 90,000 veterans of WW II (average age of 89);
approximately 10,000 veterans of the Korean War (average of 81) and, approximately 600,000 former members of
the Canadian Forces (average age of 56). As of March 31, 2009, Veterans Affairs Canada (VAC) provided services
to approximately 219,150 individuals. Of these, 34% were war service veterans; 36% surviving family members of
veterans; 27% CF members and Veterans; and 3% members of the RCMP. VAC provides a range of programs that
support the care, treatment, independence and re-establishment in civilian life of veterans. VAC offers an income
supplement program (War Veterans Allowance), disability pensions, and three major health care programs; the
Veteran Independence Program which helps veterans remain independent.
Course codes: DCL 5123B and CML 3139
Page 2
COURSE ADMINISTRATION
Course Objectives2
This course will introduce the undergraduate and graduate student to two interrelated domains of the law:

Military Law including Canada’s military justice system, military
administrative law, international humanitarian law (law of armed conflict);
and, other aspects of military law.

Veterans Law including the New Veterans Charter (NVC), implemented in
2006 which offers a range of programs including rehabilitation, financial
benefits, health care, disability awards and job placement to ease transition to
civilian life; the operation of the Veterans Review and Appeal Board and the
Bureau of Pension Advocates.
Textbooks
1. Justice Gilles Létourneau and Professor Michel W. Drapeau, Military Justice in
Action – National Defence Legislation Annotated. (Toronto: Thomson Carswell,
2011).
2. Canadian Military Law – Materials on Military Justice (Case book prepared by
Prof. McNairn and available from Reprographic Services).
Method of Instruction
Classes will sometimes follow a lecture format. However, classes should also
be interactive in the sense that class members will have the opportunity to discuss
issues that arise from assigned readings and the material covered in class.
Readings
Readings for the course will be from Military Justice in Action (MJIA) and the
course Casebook. Reading of Chapter 1 in its entirety should be completed before the
second lecture. The National Defence Act (NDA) and the QR&O’sboth key sources of
military law are reproduced in Military Justice In Action. However, there are two
2
To the extent possible, the course will introduce the student to the basic structure and operations of the
Canadian Armed Forces (CAF) as well as important aspects of military service, culture, customs and traditions. In
addition, the course will attempt to foster critical thinking and legal analysis with respect to Canada’s military law.
A significant amount of effort will also be deployed to secure the presence of guest speakers to come share their
knowledge and experience with the management and control of Canada defence and military activities and
structures.
Course codes: DCL 5123B and CML 3139
Page 3
legislative amendments (Bill C-15 and Bill C-16 which have been enacted since
publication of the Military Justice In Action text in October 2011.) 3
Guest Speakers
A significant amount of efforts has been deployed to secure the presence of
guest speakers to come share their knowledge and experience. Time will be allocated
for a question-and-answer exchange during each one of these presentations. The best
way to profit fully from this experience is for the student to do the assigned readings
before the respective lecture..
Lecture
1.
Feb 05
Time
Speakers
17:00 hrs
To be Announced
Leadership and Generalship
18:00 hrs
His Honour Mario Dutil
Chief Military Judge
Office of the Chief Military Judge
Me Caroline Maynard
Director of Operations
and General Counsel
MGERC
Ms Chantale Bowers
Military Grievances
Colonel Robert Delaney
CF PM
Charles J. Keliher
Director, Appeals and
Legal Issues. Bureau
Pension Advocates
Military Police
2.
Feb 10
17:00 hrs
3.
Feb 12
17:00 hrs
4.
Feb 19
17:00 hrs
5.
Feb 24
17:00 hrs
6.
Feb 26
17:00 hrs
7.
Mar 03
17:00 hrs
8.
Mar 05
17:00 hrs
18:00 hrs
Areas of expertise
Court Martial Appeal Court of Canada
Injury claims by Veterans.
KEYNOTE SPEAKER
The Honorable Justice (ret’d) Gilles Létourneau
«Canadian Military Law»
Former President, Commission of Somalia Inquiry; retired Justice of the
Federal Court of Appeal and of the Court Martial Appeal Court of Canada.
Mr. Glen Stannard, Chair
Interference and Conduct complaints against
Me Julianne Dunbar,
the Military Police
General Counsel (MPCC)
Me Michel LaPierre
Claim Against the Crown and Civil
Director Civil Litigation
Litigation
and Claims, Office
DND/CF Legal Advisor
Hon. Jack Harris,
Defence Critic
Member of Parliament for St-John’s East New Democratic Party
3
Queen’s Regulations & Orders for the Canadian Forces (QR&O’s), Vol. I- Administration, Vol. II Discipline, Vol. III – Finances. The QR&Os expand upon the basic law and structures set out in the NDA. With the
approval of the Treasury Board and the Governor-in-Council, provisions pertaining to compensation and benefit for
members of the CAF has now been transferred into non-regulated instruments “Compensation and Benefits
Instructions ” (CBIs). CBIs have replaced articles repealed from Vol. III of the QR&Os. CBIs can be found at
(http://www.dnd.ca/hr/dgcb/cbi/engraph/home_e.asp?sidesection=6)
Course codes: DCL 5123B and CML 3139
Page 4
Class participation
Class members will be called upon randomly to answer questions and provide
their input. It will be assumed that class members have completed the assigned
readings for each class. From time to time, specific class members may be called upon
to review certain readings and be prepared to provide an oral briefing on the material
in class. Lectures and class discussion will build upon those materials.
Access to teaching staff
The instructors are available outside of class time, during office hours or by
appointment, to discuss any aspect of the course.
METHOD OF EVALUATION4
Graduate Students
Students will be evaluated on the basis of a paper that is worth 100% of the
final grade. Students are required to submit a paper that is at least 10,000 words in
length to satisfy the requirements of Graduate Studies in Law. Students who fail to
attend or participate in class will be penalized by the deduction of up to 10% from
their paper grade.
The subject and scope of the paper must be pre-approved by both Prof.
Drapeau and Prof. McNairn on the basis of a written proposal to be submitted by
Monday, March 5, 2014. The paper must be submitted by the close of business on
Wednesday, April 23, 2014. (No electronic copy)
J.D. Students
JD students will be evaluated on the basis of the following:
o Class
Participation
10%
This grade will be based upon attendance and
contributions to class discussions. Emphasis will also
be placed on exchanges with the guest speakers.
o Mid-term
Essay
15%
The Mid-term Essay must be at least 1,500 words in
length and include a bibliography. Students must
submit a proposed topic in writing for approval by both
Prof. Drapeau and Prof. McNairn.
o Paper
75%
4
While students may submit papers written in either official language, this course is delivered in English
and those who submit papers in French will not have the benefit of having their papers reviewed and graded by
both professors.
Course codes: DCL 5123B and CML 3139
Page 5
Mid-term essay
The written proposal for the mid-term essay is due no later than Wednesday,
February 26, 2014. (No electronic copy)
The Mid-term essay is due on Monday, March 10, 2014, and may be
submitted to the professor during class or to the Secretariat by the close of business.
(No electronic copy). The mid-term essay will be marked and returned on the last
class.
Final assignment
The final assignment consists of a paper of approximately 6,000 words. The
subject and scope of the paper must be pre-approved by both Prof. Drapeau and Prof.
McNairn on the basis of a written proposal. (Can be submitted at any time until
Monday, March 10, 2014. If a student wishes to have the paper count as a “Major
Paper”, he or she is responsible for completing all the necessary documentation and
satisfying all the conditions to qualify as a Major Paper in accordance with Faculty
rules and regulations.
The paper must be submitted to the Secretariat of the Common Law Section by
the close of business on Wednesday, April 23, 2014. (No electronic copy)
REFERENCE MATERIALS
Pertinent legislation














Canadian Charter of Rights and Freedoms
Canadian Bill of Rights, S.C. 1960, c.44
Canadian Forces Members and Veterans Re-Establishment and Compensation
Act, S.C. 2005, c.21
Canadian Forces Superannuation Act, R.S.C. 1985, c. C-17
Crimes Against Humanity and War Crimes Act, S.C. 2000, c. 24
Criminal Code, R.S.C. 1985, c. C-46
Crown Liability and Proceedings Act, R.S.C. 1985, C-50
Defence Services Pension Continuation Act, R.S.C. 1985, c. D-3
Defence Production Act, R.S.C. 1985, c. D-1
Department of Veterans Affairs Act, R.S.C. 1985, c. V-1
Geneva Conventions Act, R.S.C. 1985, c. G-3
Injured Military Members Compensation Act, S.C. 2003, c. 14
Korea War Veterans Day Act, S.C. 2013, c. 175
Merchant Navy Veterans Day Act, 2003, c. 176
5
Korea War Veterans Day is celebrated on July 27.
6
Merchant Navy Veterans Day is celebrated on September 3.
Course codes: DCL 5123B and CML 3139
Page 6












National Defence Act, R.S.C. 1985, C. N-5
Pension Act, R.S.C 1985, c. P-6
Security of Information Act, R.S.C. 1985, c. 0-5
Statutory Instruments Act, R.S.C. 1985, c. S-22 [See footnote 4 below]
Supplementary Retirement Benefits Act, R.S.C.1985, c. S-24
Veterans Benefit Act, R.S.C. 1970, c. V-2
Veterans Review and Appeal Board Act, S.C. 1995, c. 18
Veterans Insurance Act, R.S.C. 1970, c. V-2
Veterans’ Land Act, R.S.C. 1970, c. V-4
Vimy Ridge Day Act, S.C. 2003, c. 67
Visiting Forces Act, R.S.C. 1985, c. V-2
War Veterans Allowances Act, R.S.C. 1985, c. W-3
Pertinent regulations

Canadian Forces Superannuation Regulations (C.R.C. c. 396)

Queen’s Regulations and Orders [QR&Os]8. QR&Os are available at the site
indicated in the footnote below.9
o Volume I
o Volume II
o Volume III

– Administration
– Discipline
– Financial
Compensation and Benefits Instructions (CBI) which are available at the site
indicated in the footnote below:10
o Chapter 204 - Pay Policy for Officers & Non-Commissioned
Members
o Chapter 205 - Allowances for Officers and NCMs
o Chapter 208 - Relocation Benefits
o Chapter 209 - Transportation and Travelling Expenses
o Chapter 210 - Entitlements and Grants
o Chapter 211 - Service Benefits for Ill and Injured Members
7
Vimy Ridge Day is celebrated on April 9.
8
Pursuant to paragraph 7(a) of the Regulations Respecting the Examination, Publication and Scrutiny of
Regulations and Other Statutory Instruments (C.R.C., c. 1509), regulations made under the authority of section 12
of the NDA, such as the QR&O, are exempted from registration and publication in accordance with section 6 and
11 respectively of the Statutory Instruments Act, R.S.C. 1985, c. S-22. Pursuant to article 1.22(2) of the QR&O, the
QR&O’s are published electronically under the authority of the Chief of the Defence Staff in PDF (Portable
Document Format) on a defence web site.
9
http://www.admfincs.forces.gc.ca/index-eng.asp.
10
http://www.forces.gc.ca/en/caf-community-benefits/index.page.
Course codes: DCL 5123B and CML 3139
Page 7

National Defence Claims Regulations, 1970 (P.C. 1970-1673, Sep 23, 1970)
Jurisprudence
Military law

Court Martial Appeal Court of Canada (CMAC) (http://www.cmac-cacm.ca/).
Electronic copies of the Court’s decisions are available on the site as well as at
CANLII at http:222.canlii.org/.

Office of the Chief Military Judge for the Canadian Forces (CF)
(http://www.dnd.ca/cmj/). Electronic copies of court martial decisions are
available on the site.
Veterans Law 11




Manuge v. Canada (Attorney General), 2008 FC 624
Manuge v. Canada (Attorney General), 2012 FC 499
Manuge v. Canada (Attorney General), 2013 FC 341
Scott and al. v. Canada (Attorney General), 2013 BCSC 165712
DND Policies, Directives and Orders
The NDA and QR&Os are supplemented by a large number of orders,
instructions, directives, policies etc. which are too numerous to list but which apply to
all CAF members but principally to members of the Regular Force who are obliged to
perform lawful military duties at all times. These supporting instruments relate to the
organization, training, discipline, efficiency, administration and good government of
the CAF. They are enacted for a better carrying and implementation of the purposes
and provisions of the NDA and QR&Os.
11
Also, see the following sites:


Veterans Review and Appeals Board (http://www.vrab-tacra.gc.ca)
Electronic copies of the Tribunal leading and persuasive decisions are available on the site.
Bureau of Pension Advocates (Veterans Review and Appeals Board
(http://www.veterans.gc.ca/eng/department/organization/bpa1)
12
In a nutshell, the lawsuit is about promises the Government made to service members injured while in the
service of Canada and whether it is obliged to fulfill these promises. The lawsuit alleges, inter alia, that there is a
"Social Covenant" that gives rises to a fiduciary duty on the part of the Government. Additionally, the lawsuit
alleges that under the doctrine of the "Honour of the Crown", the Government is bound to honour the historical
promises made to veterans; specifically, the Crown owes them a public duty to exercise its legislative functions in a
manner consistent with the '"Social Covenant". However, the "Social Covenant' was unilaterally changed by
Parliament with the enactment of the New Veterans Charter which took place during a period when Canada was at
war sustaining casualties and injuries. In its September 6, 2013 decision, the Supreme Court of British Columbia
turned down the Attorney General’s Application to strike down the claim.
Course codes: DCL 5123B and CML 3139
Page 8

Defence Administrative Orders and Directives (DAODs). These
instruments communicate policy and instructions as to how to implement
policy. There are issued on a range of subjects.13 DAODs are available at the
site indicated in the footnote below.14

Canadian Forces Administrative Orders (CFAOs). There is a
comprehensive set of CFAO’s issued by the CDS. They contain administrative
policy, procedures and information of continuing effect which supplement and
amplify the QR&Os. These instruments are no longer available to the public.
They are also in the process of being superseded by DAODs.
DND Administrative manuals and instructions

Canadian Forces Human Resources (Military) Instructions serve as a formal
means of advising all CF personnel of administrative direction and procedural
aspects of policy and/or directions emanating from the Chief of Military
Personnel (CMP). (http://www.cmp-cpm.forces.gc.ca/pd/pi-ip/index-eng.asp).

Code of Conduct for Canadian Forces Personnel [B-GG-005-027/AF-023]
(Ottawa: Department of National Defence).
(http://www.forces.gc.ca/jag/publications/default_e.asp?VIEW_BY=title)

Law of Armed Conflict at the Operational and Tactical Levels [B-GJ005104/FP-021] (Ottawa: Department of National Defence, 2001).
(http://www.forces.gc.ca/jag/publications/default_e.asp?VIEW_BY=title).

Military Administrative Law Manual [A-LG-007-000/AF010] (Ottawa:
Department of National Defence, 2008).
(http://www.forces.gc.ca/jag/publications/default_e.asp?VIEW_BY=title).

Military Justice at the Summary Trial Level [B-GG-005-027/AF-011] (Ottawa:
Department of National Defence, 2001).
(http://www.forces.gc.ca/jag/publications/default_e.asp?VIEW_BY=title).

Manual A-MD-154-000/FP-000, Medical Standards for the Canadian Forces.

ADM (HR-Mil) Instruction 05/05, The New CF Regular Force Terms of
Service.
13
DND / Assistant Deputy Minister (ADM) Corporate Services and Finances.
(http://www.admfincs.forces.gc.ca/qr_o/intro_e.asp). This DND web site provides electronic access to the
QR&Os, DAODs and CFAOs.
14
http://www.admfincs.forces.gc.ca/index-eng.asp.
Course codes: DCL 5123B and CML 3139
Page 9
Doctrine

Drapeau, Michel W. Sentencing under the National Defence Act: Perspectives
and Musings of a Former Soldier. Canadian Bar Review, 2003, Vol. 82 at 391.

Drapeau, Michel W. “What Happens when Canadian Soldiers Commit Crimes
Abroad” presented at a conference hosted by Les Journées Maximilien-Caron
2003, Canadian Institute of Justice, on The Highway to the International
Criminal Court: All Roads Lead to Rome. Les Editions Thémis. 2003 at 593.

Drapeau, Michel W. “Canadian Military Justice System: Marking Time” a
paper presented to the US Congress Systems Panel to Adult Sexual Assault
Crimes on Military Justice, Washington, D.C., September 24, 2013.

Drapeau, Michel W. “Canadian Military Justice System: At a Cross-Roads”, a
paper presented to the Global Seminar on Military Justice Reform, at Yale Law
School, October 18 and 19, New Haven, Connecticut.

Fidell, Eugene R.; Hillman, Elizabeth L.; and, Sullivan, Dwight H. “Military
Justice Cases and Materials, 2nd ed.” (Newark, NJ: LexisNexis / Matthew
Bender & Co., 2012)

Green, Leslie. “The Contemporary Law of Armed Conflict”, 3rd ed.
(Manchester: Juris Publishing / Manchester University Press, 2008).

Teresa Iacobelli, Teresa. “Death or Deliverance: Canadian Courts Martial in
the Great War”, (Vancouver: UBC Press, 2013).

Létourneau, Gilles, The Honorable. “Two Fundamental Shortcomings of the
Canadian Military Justice System”, a paper presented to the Global Seminar
on Military Justice Reform, Yale Law School, October 18 and 19, New Haven,
Connecticut.

Létourneau Gilles, Justice. “Introduction to Military Justice: An overview of
Military Penal Justice System and its Evolution in Canada”, 2012, (Wilson
Lafleur).

Létourneau Gilles, Justice and Drapeau Michel, Colonel (Ret’d). Canadian
Military Law Annotated (Toronto, Carswell, 2006).

Lovas, Gwyneth Mary “Canadian Military Law: Morale and Welfare
Operations”, (Toronto, Carswell, 2013)

Madsen, Chris. “Another Kind of Justice: Canadian Military Law from
Confederation to Somalia”, UBC Press, 1999.
Course codes: DCL 5123B and CML 3139
Page 10

United Nations Report to the General Assembly dated August 7, 2013 on the
“Independence of Judges and Lawyers”, and in particular the Administration
of Justice through military tribunals.
Periodicals

Drapeau Michel W., “Military Sudden Death Investigations Don’t Serve
public, families interests.” Hill Times, October 28, 2013.

Drapeau Michel W., “A Misnomer: Judge Advocate General? When is a judge
not a judge?” Hill Times, March 4, 2013.

Drapeau, Michel W., “Bill C-15: strengthening the military justice system,
more questions than answers.” Hill times, July 23, 2012.

Drapeau, Michel W., “Falling out of step? Canada’s military justice system
has opportunity to strengthen bond between Canada and England.” The Hill
Times, September 19, 2011.

Drapeau, Michel W., “Can Veteran Affairs Canada deal with a possible
tsunami of mental health problems?” The Hill Times, August 5, 2011.

Drapeau, Michel W., “A balancing act? More military judges or the
constitutionalization of summary trials?” The Hill Times. March 14, 2011.

Drapeau, Michel W., "Military summary trials: a Victorian system of justice".
Canadian Bar Association. National Military Law Section. Sword and Scale –
March 2010.

Drapeau, Michel W., "The militarization of civilian oversight organizations."
The Hill Times. September 14, 2009.

Drapeau, Michel W., “Canada’s Military and Bill C-41: A balancing act. More
military judges or constitutionalizing summary Trials. The Hill’s Times,
March 14, 2011.

Drapeau, Michel W., "Military grievances: the Crown can do no wrong". The
Hill Times. November 16, 2009.
NOTE. Michel W. Drapeau is also a regular contributor to the military magazine
Esprit de Corps. Copy of articles can be obtained at www.mdlo.ca.
Web Sites
A number of web sites are helpful in relation to military law:
Course codes: DCL 5123B and CML 3139
Page 11

Canadian Bar Association - National Military Law Section
(http://www.cba.org/CBA/sections_military/main/).

Selected Bibliography of Materials on Military Law and Justice
(http://www.lareau-law.ca/military.htm).

Canadian Forces Virtual Library (http://www.cfc.forces.gc.ca/188/223eng.html).
INTERNATIONAL
Legislation


European Convention on Human Rights
UN International Convention on Civil and Political Rights
Jurisprudence and other sources on military law

Asia Pacific Centre for Military Law (http://www.apcml.org/).

Australian Military Justice System
(http://www.defence.gov.au/mjs/index.htm).

Australian Centre for Military Law and Justice
(http://law.anu.edu.au/ACMLJ/index.asp).

Australian Defence Force Discipline Appeal Tribunal
(http://www.defenceappeals.gov.au/). Electronic copies of the Tribunal’s
decisions are available on that site.

Crimes of War Project (http://www.crimesofwar.org/).European Court of
Human Rights. (echr.coe.int/Pages/home.aspx?p=home)

Information on the operation of US Congressional Panel on Sexual Assaults in
the US Military. Prof. Drapeau has appeared before that panel in August as
well as September 2013 and information about that appearance is posted on
www.mdlo.ca.15
International Committee of the Red Cross (http://www.icrc.org/).

15
The Congressional Panel was set up in the wake of a 2012 Pentagon confidential survey sent to 108,478
US service members. Nearly 26,000 responded to the survey which led the Pentagon to extrapolate that 12,000
women and 13,900 men had experienced some form of sexual assault in 2012. Yet, there were only 3,375 reported
assaults in 2012 and less than 3% of the estimated assaults were prosecuted. The Congressional Panel conducts an
independent review and assessment of the systems used to investigate, prosecute, and adjudicate crimes involving
adult sexual assault and related offenses under article 120 of the US Uniform Code of Military Justice. It
also examines pre-trial hearings (known as ‘Article 32 hearings’) where prosecution and defence lawyers question
potential witnesses – and the victim – before a military lawyer who then makes a recommendation to the
defendant’s Commanding Officer to convene or not a court martial.
Course codes: DCL 5123B and CML 3139
Page 12

International Law of War Association (http://www.lawofwar.org/).

Ireland Military Justice System (http://www.military.ie/info-centre/courtsmartial).

National Institute of Military Justice (http://nimj.org/nimjblog/).

U.S. Court of Appeals for the Armed Forces
(http://www.armfor.uscourts.gov/).

United Kingdom - Court of Appeal Criminal Division (Court Martial Appeal
Court when dealing with Armed Forces cases)

U.S. Court of Appeals for the Armed Forces
(http://www.armfor.uscourts.gov/). A digest of opinions and electronic copies
of the Court’s decisions are available on the site.

US military Legal Resources
(http://www.loc.gov/rr/frd/Military_Law/military-legal-resources-home.html).

Yale University Law School’s Global Seminar on Military Justice
(www.law.yale.edu/news/gsmjr13.htm)
Course codes: DCL 5123B and CML 3139
Page 13
ANNEX A
COURSE OUTLINE
Canadian Military Law
Serial
1
2
2014
Monday,
February 3
Wednesday,
February 5
Responsible
Professor
Drapeau
TOPICS
READINGS
ASSIGNMENTS
An Overview of the Defence Department
(MJIA) Chapter 1
17:00 hrs.
Organization of the Canadian Armed Forces
including key appointments: Commanderin-Chief,16 MND,17 Associate MND,18
Military Judges,19 DM,20 CDS,21 CSE,22
VCDS,23 Service
Commanders,24Commanders of
Commands,25 ADMs26, Commanding
Officers,27 CRS28, CPM,29DND/CF Legal
Advisor,30JAG,31 DPM,32 DDCS,33
DND/CF Ombudsman.34
NDA ss. 7-8, 13, 15,
16,18-18.2, 20-26, 28-35,
NDA ss. 42-44, 46-51,
53,160, 272, 273.62-273.7
16
His Excellency the Governor General is the Commander-in-Chief.
17
NDA ss. 4-6 – Minister of National Defence (MND).
18
NDA ss. 7-8. – Associate Minister of National Defence (Assoc MND). QR&O art 2.05.
19
NDA ss. 165.21to 165.27 – Military Judges (MJ)
20
NDA s. 13 – Deputy Minister (DM).
21
NDA ss. 18-18.2. – Chief of the Defence Staff (CDS). QR&0’s arts. 1.14, 1.15, 1.16, 1.23, 2.06, 2.062
22
NDA ss. 273.61 to 273.7. Chief, Communications Security Establishment (CSE)
23
NDA s. 18.1 – Vice Chief of the Defence Staff (VCDS). QR&0 2.061
24
Commander, Royal Canadian Navy (RCN); Commander, Canadian Army; and, the Commander, Royal
Canadian Air Force (RCAF).
25
Commander, Special Operations Force Command; Commander, Joint Operaitons Forces Command; CAF
Intelligence Command.
26
Associate Deputy Ministers (ADMs) for a) Finances and Corporate Finance; b) Science and Technology;
c) Information Management; d) Infrastructure and Environment; e) Human Resources (Civilian); g) Policy; g)
Material; and, (h) Public Affairs
27
NDA ss. 160 – Commanding Officers.
28
Chief of Review Services (CRS).
29
Chief Military Personnel (CPM).
30
The Office of the DND/CF Legal Advisor provides legal services to the DND and to the CAF in all areas
of the law, except those related to military law, military discipline and the military justice system for which the
JAG is responsible.
31
NDA ss. 9-10.1 – Judge Advocate General (JAG)
32
NDA ss. 165.1 to 165.17 – Director of Military Prosecutions (DPM)
Course codes: DCL 5123B and CML 3139
Page 14
Components (Regular, Reserve and Special
Force).35
NDA ss. 165.21 to 176
18:00 hrs.
Military Judges
Speaker: Colonel Mario Dutil
Chief Military Judge
3
Military Grievances
Monday,
February 10
NDA ss. 29-20.28
Speaker: Me Caroline Maynard,
Director, Operations
and General Counsel
Office of the Military Grievances External
Review Committee
4
17:00 hrs. Structure/Organisation of the
Court Martial Appeal Court -
Wednesday,
February 12
NDA ss. 228-244
Speaker: Ms. Chantale Bowers
Office of the Chief Justice,
Court Martial Appeal Court of Canada
18:00 hrs.
Summary Trials
Right to Counsel
Reviewing Authorities
Suspending Authorities
Offences committed outside Canada
NDA ss. 162.3 to 164.1
NDA ss. 249.17
NDA ss. 249 to 249.15
NDA ss. 215-218
NDA ss. 273
18:30 hrs The management of military
human resources. (Recruiting,
commissioning, terms of service, medical
categories, types of ranks, promotion,
remustering, pay, obligation to serve,
relinquishing, right to release and releases,
retirement, attachments etc.)
NDA ss. 20-25, 28, 30,
31-35, 53
February 17, 2014 -FAMILY DAY- NO CLASS.
5
6
Wednesday,
February 19
Monday,
February 24
Military Police
Professor
Drapeau
NDA ss. 9.07-9.075, 45,
45.1, and 250.1 to 250.53
Speaker: Colonel Robert Delaney
Commander, Military Police Group
Injuries Claims by CF Veterans
Speaker: Charles J. Keliher
Director, Appeals and Legal Issues VAC
Bureau Pension Advocates
33
NDA ss. 249-18 to 249.21 – Director, Defence Counsel Services (DDCS)
34
DND/CF Ombudsman
35
NDA ss. 14-16
Course codes: DCL 5123B and CML 3139
Page 15
7
Wednesday,
February 26
KEYNOTE SPEAKER
The Honorable Justice (ret’d) Gilles Létourneau, former President,
Commission of Somalia Inquiry; Justice of the Federal Court of Appeal
and Court Martial Appeal Court of Canada
8
Military Police Complaints Commission
Monday,
March 3
NDA ss. 250-250.53
Speakers:
Mr. Glen Stannard, Chair MPCC
Me Julianne Dunbar, General Counsel
Written proposal for mid-term paper due on February 26, 2014
9
Wednesday,
March 5
Professor
Drapeau
DND/CF Legal Advisory Services (Civil
Litigation) Crown Proceedings Act,
Service Estates
NDA ss. 42-44, 267-270
Speaker: Me Michel LaPierre
Director, Civil Litigation and Claims –
Office, DND/CF Legal Advisor
The Parliamentary Process to enact defence
legislation.
Speaker: The Hon. Jack Harris,
Defence Critic, New Democratic Party
10
11
Monday,
March 10
Professor
McNairn
Wednesday,
March 12
Introduction to the Code of Service
Discipline
The Purpose(s) of Military Justice
NDA 59-249.26
Casebook, ch. 1.
Principal Actors in the Military Justice
System
Casebook, ch. 2.
Mid-term paper due on March 10, 2014
Research proposals for Final Assignments due on March 10, 2014
12
13
14
15
16
17
Monday,
March 17
Wednesday,
March 19
Monday,
March 24
Wednesday
March 26
Monday,
March 31
Monday,
April 2
Jurisdiction Over the Person
Jurisdiction Over Offences
Casebook, ch. 3.
(Jurisdiction Over The
Person)
Casebook, ch. 4 and 5.
Summary Trials
Casebook, ch. 6.
Courts Martial and Evidence
Casebook, ch. 7.
Sentencing in the Military Justice System
Casebook, ch. 8.
The Charter and Military Justice
Casebook, ch. 9.
Professor
McNairn
Final Assignments due April 23, 2014
Course codes: DCL 5123B and CML 3139
Page 16