The Influence of Identity in the Canadian Armed Forces Major Ian A
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Military Law Under the Charter David J
Osgoode Hall Law Journal Article 3 Volume 24, Number 1 (Spring 1986) Military Law under the Charter David J. Corry Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj Article Citation Information Corry, David J.. "Military Law under the Charter." Osgoode Hall Law Journal 24.1 (1986) : 67-120. http://digitalcommons.osgoode.yorku.ca/ohlj/vol24/iss1/3 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. Military Law under the Charter Abstract Mr. Corry reviews the courts' approach to the military justice system as it relates to the fundamental rights of service personnel He recognizes that some sacrifice of procedural protections is necessary if the Armed Forces is to fulfill its purpose, but determines that, especially in light of the protections offered by the Canadian Charter of Rights and Freedoms, the courts have adopted an overly passive role in the supervision and review of the military judicial process. This article is available in Osgoode Hall Law Journal: http://digitalcommons.osgoode.yorku.ca/ohlj/vol24/iss1/3 MILITARY LAW UNDER THE CHARTER BY DAVID J. CORRY* Mr. Cony reviews the courts' approach to the military justice system as it relates to the fundamental rights of service personnel He recognizes that some sacrifice of proceduralprotections is necessary if the Armed Forces is to fufill its purpose, but determines that, especially in fight of the protections offered by the Canadian Charter of Rights and Freedoms, the courts have adopted an overly passive role in the supervision and review of the militaryjudicial process. -
Starting the Conversation
oreganshyundaidartmouth.com 60 BAKER DRIVE, UNIT - D 902-465-7500 DON’T PAY UNTIL SPRING 180604 Trident Ad 10.25x2.indd 1 2020-01-10 4:33 PM Monday, February 10, 2020 Volume 54, Issue 03 www.tridentnewspaper.com Starting the conversation HMCS Harry DeWolf personnel enjoy the PSP Health Promotion photo booth while taking part in the mental health conversation on Bell Let’s Talk Day, January 29. From left: AB Luc Gillis, LS Raymond Kwan, and LS Daniel Bremner, all of HMCS Harry DeWolf. SYDNEY MACLEOD, CFB HALIFAX PA INTERN HMCS Fredericton deploys to CFB Halifax Base Bell Let's Talk Day MEGA Hockey Op REASSURANCE Pg. 3 Divisions Pg 6 Pgs 12-13 Championship Pg. 20 2020 TUCSON ESSENTIAL ALL WHEEL DRIVE I WINTERSALES EVENT Purchase from only Finance from only * OR 3625 Kempt Road $ , $ Halifax, Nova Scotia 25749 75 180609 Weekly* Local: 902.982.3980 www.steelehyundai.com *PLUS TAX, FREIGHT & FEES. INCLUDES LOYALTY. VEHICLES NOT EXACTLY AS SHOWN. SEE DEALER FOR DETAILS. 2 TRIDENT NEWS FEBRUARY 10, 2020 HMCS Halifax returns from Op REASSURANCE On Friday January 24, HMCS Hali- fax returned from a six-month deploy- HMCS Halifax comes alongside. ment as the flagship for Standing MONA GHIZ, MARLANT PA NATO Maritime Group Two, focusing on maritime security and deterrence measures in the Mediterranean and southern Europe, exemplifying the strength of allied solidarity on Op REASSURANCE. Friends, family, and senior members of RCN Command were on hand to welcome the ship and its crew. LS Ritchot reunites with her dog after a six-month absence. -
The Readiness of Canada's Naval Forces Report of the Standing
The Readiness of Canada's Naval Forces Report of the Standing Committee on National Defence Stephen Fuhr Chair June 2017 42nd PARLIAMENT, 1st SESSION Published under the authority of the Speaker of the House of Commons SPEAKER’S PERMISSION Reproduction of the proceedings of the House of Commons and its Committees, in whole or in part and in any medium, is hereby permitted provided that the reproduction is accurate and is not presented as official. This permission does not extend to reproduction, distribution or use for commercial purpose of financial gain. Reproduction or use outside this permission or without authorization may be treated as copyright infringement in accordance with the Copyright Act. Authorization may be obtained on written application to the Office of the Speaker of the House of Commons. Reproduction in accordance with this permission does not constitute publication under the authority of the House of Commons. The absolute privilege that applies to the proceedings of the House of Commons does not extend to these permitted reproductions. Where a reproduction includes briefs to a Standing Committee of the House of Commons, authorization for reproduction may be required from the authors in accordance with the Copyright Act. Nothing in this permission abrogates or derogates from the privileges, powers, immunities and rights of the House of Commons and its Committees. For greater certainty, this permission does not affect the prohibition against impeaching or questioning the proceedings of the House of Commons in courts or otherwise. The House of Commons retains the right and privilege to find users in contempt of Parliament if a reproduction or use is not in accordance with this permission. -
Working Paper 17
SEA POWER CENTRE AUSTRALIA The New South Wales Reserve Naval Legal Panel – 40 Years of Service Working Paper No. 17 © Copyright Commonwealth of Australia 2004 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without written permission from the Department of Defence Announcement statement-may be announced to the public. Secondary release-may be released to the public. All Defence information, whether classified or not, is protected from unauthorised disclosure under the Crimes Act 1914. Defence Information may only be released in accordance with the Defence Protective Security Manual (SECMAN 4) and/or Defence Instruction (General) OPS 13-4-Release of Classified Defence Information to Other Countries, as appropriate. Requests and inquiries should be addressed to the Director, Sea Power Centre - Australia, CANBERRA, ACT, 2600. National Library of Australia Cataloguing-in-Publication Entry Horobin, Judith. The New South Wales Reserve Naval Legal Panel: 40 Years of Service ISBN 0 642 29609 X 1. Australia. New South Wales Reserve Naval Legal Panel. 2. Naval Law - New South Wales - History. I. Renwick, James, 1963- . II. Australia. Royal Australian Navy. Sea Power Centre. III. Title. (Series: Working paper (Australia. Royal Australian Navy. Sea Power Centre ); no.17). 343.94019 i Disclaimer The views expressed are the authors’ and not necessarily those of the Department of Defence. The Commonwealth of Australia will not be legally responsible in contract, tort or otherwise for any statement made in this publication. Sea Power Centre - Australia The Sea Power Centre - Australia (SPC-A - formerly the Maritime Studies Program) was established to undertake activities which would promote the study, discussion and awareness of maritime issues and strategy within the RAN and the defence and civil communities at large. -
Canadian Armed Forces Dress Instructions
National A-DH-265-000/AG-001 Defence CANADIAN ARMED FORCES DRESS INSTRUCTIONS (English) (Supersedes A-AD-265-000/AG-001 dated 2017-02-01) Issued on Authority of the Chief of the Defence Staff OPI: DHH 2017-12-15 A-DH 265-000/AG-001 FOREWORD 1. A-DH-265-000/AG-001, Canadian Armed Forces Dress Instructions, is issued on authority of the Chief of Defence Staff. 2. The short title for this publication shall be CAF Dress Instructions. 3. A-DH-265-000/AG-001 is effective upon receipt and supersedes all dress policy and rules previously issued as a manual, supplement, order, or instruction, except: a. QR&O Chapter 17 – Dress and Appearance; b. QR&O Chapter 18 – Honours; c. CFAO 17-1, Safety and protective equipment- Motorcycles, Motor scooters, Mopeds, Bicycles and Snowmobiles; and 4. Suggestions for revision shall be forwarded through the chain of command to the Chief of the Defence Staff, Attention: Director History and Heritage. See Chapter 1. i A-DH 265-000/AG-001 TABLE OF CONTENTS FOREWORD ........................................................................................................................................... i CHAPTER 1 COMMAND, CONTROL AND STAFF DUTIES ............................................................. 1-1 COMMAND ...................................................................................................................................................... 1-1 CONTROL ..................................................................................................................................................... -
Hon Harjit Singh SAJJAN, OMM, MSM, CD (Lcol Retir
GENERAL OFFICERS – CF 01 January 2021 MINISTER MINISTER of NATIONAL DEFENCE: Hon Harjit Singh SAJJAN, OMM, MSM, CD (LCol Retired) ASSOCIATE MINISTER of NATIONAL DEFENCE: Mr Lawrence MacAULAY And Minister of Veterans Affairs PARLIAMENTARY SECRETARY TO THE MINISTER: Ms Serge CORMIER DEPUTY MINISTER: Ms Jody THOMAS Former Cdn Coast Guard Commissioner SENIOR ASSOCIATE DEPUTY MINISTER: Mr Bill MATTHEWS Former Comptroller General of Canada ASSOCIATE DEPUTY MINISTER: Mr Claude ROCHETTE OMBUDSMAN: Mr Gary WALBOURNE ASSSISTANT DEPUTY MINISTER – PUBLIC AFFAIRS: Ms Laurie KEMPTON DIRECTOR-GENERAL – PUBLIC AFFAIRS: BGen Jay JANZEN, CD ASSISTANT DEPUTY MINISTER - SCIENCE & TECHNOLOGY: Dr Marc FORTIN DIRECTOR-GENERAL - RESEARCH & DEVELOPMENT: Ms Myléne OUELLET ASSOCIATE ADM - HUMAN RESOURCES: Mrs Shirley SIEGEL ASSISTANT DEPUTY MINISTER - HUMAN RESOURCES: Mr Kin CHOI COMMANDER - CF PERSONNEL SUPPORT AGENCY: Mr Sean N. CANTELON, CD (ex Cmdre RCN) ASSISTANT DEPUTY MINISTER - MATERIAL GROUP: Mr Troy CROSBY retired RCAF ASSOCIATE DEPUTY MINISTER - MATERIAL GROUP: Mr Joseph Alexander Simon PAGE, OMM, CD End April DEPUTY CHIEF of STAFF - MATERIAL: RAdm Christopher S. EARL, CD PROJECT MANAGER - CANADIAN SURFACE COMBATANT: Cmdre Rob C. GRAY, CD ASSISTANT DEPUTY MINISTER - FINANCE: Mr Cheri CROSBY DEPUTY CHIEF FINANCIAL OFFICER - FINANCE: MGen Richard William GOODYEAR, MSM, CD ASSISTANT DEPUTY MINISTER - INFRASTRUCTURE: Mr. Rob CHAMBERS 30 Field RCA CHIEF of STAFF - INFRASTRUCTURE: MGen Kevin G. HORGAN, OMM, CD Chief Mil Engineer * ASSISTANT DEPUTY MINISTER - INFORMATION MANAGEMENT: Mr Leonard (‘Len’) J. BASTIEN COS to A/DM and CF J6 - INFORMATION MANAGEMENT: MGen Andrew R. JAYNE, CD COS to A/DM and CF J6 - INFORMATION MANAGEMENT: MGen Francis Joseph CHAGNON, OMM, MSM, CD ASSISTANT DEPUTY MINISTER - POLICY: Mr Peter HAMMERSCHMIDT ASSISTANT DEPUTY MINISTER - CHIEF of REVIEW SERVICES Mr Julie CHARRON ASSISTANT DEPUTY MINISTER - DATA, INNOVATION, ANALYTICS Mr Stephen BURT LEGAL ADVISOR (CIVILIAN): Ms Michael SOUSA SECONDED TO GOVERNOR GENERAL – PUBLIC AFFAIRS: BGen Marc M. -
Curriculum Vitae René Provost (2021)
RENÉ PROVOST AD.E. Fellow of the Royal Society of Canada Fellow of the Pierre Elliot Trudeau Foundation Full Professor, Faculty of Law, McGill University Chancellor Day Hall, 3644 Peel Street, Montréal (Québec) Canada H3A 1W9 June 2015 Tel: [514] 398-6647 Fax: [514] 398-3233 E-mail: [email protected] Feb 2021 EDUCATION University of Oxford - St.Antony's College (Sept. 1992- Dec. 98): Doctor of Philosophy (D.Phil.), 1998 Thesis: "Human Rights and Humanitarian Law: Fusion or Confusion?" (directed by Professor Sir Ian Brownlie QC). Funding: Fond pour la formation de chercheurs et l'aide à la recherche, Doctoral Fellowship; Canadian Centennial Scholarship; Committee of Vice-Chancellors and Principals of the Universities of the United Kingdom, Overseas Research Award; IODE- Canada, War Memorial Scholarship University of California at Berkeley School of Law (Boalt Hall) (Aug. 1990 to May 1991): Master of Laws (LL.M.), 1991. Thesis: "Stretching the Long Arm of the Law: Legitimacy of Judicial Power to Reform Public Institutions in Canada - A Comparative Analysis of the Law of Structural Injunctions in Canada and the U.S.A." Funding: Social Sciences and Humanities Research Council of Canada, Doctoral Fellowship; Canadian Institute for Advanced Legal Studies Scholarship (decl.); Fond pour la formation de chercheurs et l'aide à la recherche, Master's Degree Fellowship (decl.) École du Barreau, Centre de Montréal (Sept. 1988 - May 1989): Certificate obtained in May 1989. Université de Montréal, Faculté de droit (Sept. 1985 - May 1988): Bachelor of Laws (LL.B.), 1988. Collège Stanislas (Sept. 1983 - May 1985): Baccalauréat général d'enseignement du second degré in Economics with Honours ("mention bien") LEGAL EMPLOYMENT McGill University, Faculty of Law: Full Professor (from 2015) Associate Professor (2001-2015) Founding Director, McGill Centre for Human Rights and Legal Pluralism (Sept. -
Canadian Armed Forces Dress Instructions
National A-DH-265-000/AG-001 Defence CANADIAN ARMED FORCES DRESS INSTRUCTIONS (English) (Supersedes A-AD-265-000/AG-001 dated 2017-02-01) Issued on Authority of the Chief of the Defence Staff OPI: DHH 2017-12-15 A-DH 265-000/AG-001 FOREWORD 1. A-DH-265-000/AG-001, Canadian Armed Forces Dress Instructions, is issued on authority of the Chief of Defence Staff. 2. The short title for this publication shall be CAF Dress Instructions. 3. A-DH-265-000/AG-001 is effective upon receipt and supersedes all dress policy and rules previously issued as a manual, supplement, order, or instruction, except: a. QR&O Chapter 17 – Dress and Appearance; b. QR&O Chapter 18 – Honours; c. CFAO 17-1, Safety and protective equipment- Motorcycles, Motor scooters, Mopeds, Bicycles and Snowmobiles; and 4. Suggestions for revision shall be forwarded through the chain of command to the Chief of the Defence Staff, Attention: Director History and Heritage. See Chapter 1. i A-DH 265-000/AG-001 TABLE OF CONTENTS FOREWORD ........................................................................................................................................... i CHAPTER 1 COMMAND, CONTROL AND STAFF DUTIES ............................................................. 1-1 COMMAND ...................................................................................................................................................... 1-1 CONTROL ..................................................................................................................................................... -
Contact Group on Piracy Off the Coast of Somalia
CONTACT GROUP ON PIRACY OFF THE COAST OF SOMALIA WORKING GROUP 1 REGIONAL COUNTER-PIRACY CAPABILITY DEVELOPMENT NEEDS ASSESSMENT AND PRIORITISATION MISSION TO EAST AFRICA AND THE GULF OF ADEN 7-13 SEPTEMBER 2009 20 OCTOBER 2009 CONTENTS 1. Introduction 3 2. Executive Summary 4 3. Key Cross-cutting Thematic recommendations 8 4. Country Specific information 12 Somalia 12 Puntland 16 Somaliland 17 Djibouti 21 Kenya 25 Ethiopia 32 Seychelles 33 Tanzania 35 Yemen 37 Annexes A Visit Terms of Reference B Visit Programme C TFG/Puntland Agreement after Galkaio talks, 25 August 2009 D Matrix of major projects identified by the Needs Assessment Mission E Letter from Prime Minister Sharmarke to Chair of CGPCS F Speech by TFG Defence Minister Boss presenting a Coastguard Pilot Project proposal 2 1. INTRODUCTION The Contact Group on Piracy off the Coast of Somalia (CGPCS) has recognised the importance of regional capability development as key to the medium and longer term solutions to piracy in the region. This capability development must include Somalia and its regions as well as other countries in the region, and support work by others involved in the wider stability and development of Somalia. Further to the decision of the CGPCS in Cairo to widen the mandate of Working Group 1 to include regional capability development, the United Kingdom as chair of the working group has led two needs assessments and prioritisation visits to East Africa and the Gulf of Aden States. The first mission in April – May 2009 produced initial outline findings to present to the Seoul High Level meeting on Piracy in June. -
NATO Legad Gazette
1 NATO Legal Gazette 23 July 2009 Issue 20 Editor : ACT/SEE Legal Office SPECIAL INTEREST ARTICLES - - Islam and Sharia Law – Introduction Why should we bother? by Mr. Pedro Gauguin Fonseca, Defence Command Fellow Legal Professionals and Persons Interested in NATO, Denmark - This summer issue of our Gazette contains six articles. Beginning with - - Self-Defence during an expository commentary on the value of learning about Islam and Sharia, Military Operations: a it follows with a discussion of self-defence in peacekeeping operations, an Human Rights Perspective by Capt Federico Sperotto, observation about the involvement of the Joint Chemical, Biological, Trupe Alpine HQ Radiological and Nuclear Defence Centre of Excellence, a description of - the Provincial Reconstruction Team Rule of Law Conference held in Kabul - - Legal Aspects of the COE and reports on the recently-held Wilton Park symposium on capacity Involvement in NATO building in post-conflict situations, and the European Union‘s annual Operations and NRF by Mr. meeting that considers responses to crises and conflict situations. Zdeněk Hýbl, JCBRN Defence COE - We introduce three members of our legal community in the Spotlight - - Provincial Reconstruction section, hail the arrival of three legal advisors to our community and also we Team Rule of Law wish farewell to three valued colleagues who are departing NATO for new Conference by LTC Pam assignments. In addition to presenting a number of matters of general Meyers, HQ ISAF international legal interest, please note our list -
Chapter 6 Badges and Mottoes Section 1 General
A-DH-200-000/AG-000 CHAPTER 6 BADGES AND MOTTOES SECTION 1 GENERAL 1. Badges and mottoes identify military organizations and foster pride and esprit de corps necessary for operational effectiveness. 2. This chapter discusses the various types of badges in use in the Canadian Armed Forces (CAF). It covers definitions, roles and responsibilities as well as current policies regarding entitlement, design, development, approval, ownership, use and reproduction of badges. Section 14 deals with mottoes. 3. Details on the wearing of all types of badges and insignias on the uniform, such as national and organizational badges, flying and specialist badges, occupation badges, cap and collar badges are covered in A-DH-265-000/AG-001 Canadian Armed Forces Dress Instructions (http://cmp- cpm.forces.mil.ca/dhh-dhp/pub/cfp-pfc/doc/A-DH-265-000-AG-001.pdf). 6-1-1 A-DH-200-000/AG-000 SECTION 2 FEDERAL IDENTITY PROGRAMME 1. Federal institutions, programs, and services must be identified in accordance with corporate identity standards for the Government of Canada. The Federal Identity Programme (FIP) imposes the use of the “Canada” wordmark and either the Coat of Arms of Canada or the Canadian flag symbol. The Coat of Arms of Canada must be used to identify ministers and their offices. The flag symbol must be used to identify all departments, agencies, corporations, commissions, boards, councils, as well as any other federal body and activity (unless they are authorized to use the Coat of Arms of Canada). In all cases the Coat of Arms of Canada and the flag symbol must be used in conjunction with a bilingual organization title. -
35. Addressing Sexual Misconduct in The
Naval Affairs Program Briefing Note # 35 ADDRESSING SEXUAL MISCONDUCT IN THE CAF If you have watched the news lately, you will have seen that sexual misconduct in the Canadian Armed Forces (CAF) has been receiving attention. Like all big organizations, the Canadian military has had its share of bad behaviour among its personnel and over the years there have been incidents of sexual misconduct. It has been stated on numerous occasions that this behaviour is unacceptable. Abusive behaviour by personnel reduces the effectiveness of the military forces as a whole, and is contrary to the tradition of honour in the CAF. It is also contrary to the desire expressed in the 2017 defence policy Strong, Secure, Engaged to increase the number of women in the CAF. If women are to join the CAF, they must not be subjected to a workplace that harms or demeans them. Women must know that misconduct will be taken seriously and they must feel able to report incidents without a negative impact on their career progression. The problem of sexual harassment in the CAF was recognized in the late 1980s and there were attempts to address it, but incidents continued to be reported. In the late 1990s, the CAF implemented more intense training in an attempt to address the problem. The early training programs were a start, but sexual misconduct continued. In 2014, the CAF was back in the media. In the wake of the media reports about sexual misconduct, then-Chief of the Defence Staff, General Tom Lawson, announced an external, independent review of the military.