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2017-2018ANNUAL REPORT of the JUDGE ADVOCATE GENERAL

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2017-2018ANNUAL REPORT of the JUDGE ADVOCATE GENERAL JUDGE ADVOCATE GENERAL 2017-2018 ANNUAL REPORT of the JUDGE ADVOCATE GENERAL to the Minister of National Defence on the Administration of Military Justice from 1 April 2017 to 31 March 2018 HONOURING OUR PAST EMBRACING THE PRESENT SHAPING OUR FUTURE Office of the Judge Advocate General National Defence Headquarters 101 Colonel By Drive Ottawa, ON K1A 0K2 Telephone: (613) 992-3019 CSN: 992-3019 Fax: (613) 992-5678 Cat. No. D1-16 ISSN 1497-7184 Commodore Major-General Brigadier-General Geneviève Bernatchez Blaise Cathcart Kenneth Watkin CD OMM, CD, Q.C. OMM, CD, Q.C. since 2017 2010-2017 2006-2010 Major-General Brigadier-General Commodore Brigadier-General Jerry S. T. Pitzul Pierre Boutet Peter R. Partner Robert L. Martin CMM, CD, Q.C. CMM, CD CD OMM, CD, Q.C. 1998-2006 1993-1998 1990-1993 1986-1990 Brigadier-General Major-General Brigadier-General Brigadier-General Frank Karwandy John Patterson Wolfe James Megarry Simpson Harold Alexander McLearn CD, Q.C. CD, Q.C. CD, Q.C. CD, Q.C. 1982-1986 1976-1982 1972-1976 1968-1972 Brigadier-General Brigadier-General Colonel Major-General William J. Lawson Reginald J. Orde Olivier Mowat Biggar Henry Smith CD, Q.C. KC 1950-1968 1920-1950 1918-1920 1911-1918 Table of Contents Communiqué......................................................................................III CHAPTER ONE Who We Are: The Office of the Judge Advocate General ..............................1 The Judge Advocate General .......................................................................... 1 Command of the Office of the Judge Advocate General ......................................... 1 100 years of the Legal Branch: Honouring our Past; Embracing the Present; and, Shaping our Future ....................... 1 Office of the Judge Advocate General ............................................................... 2 Office of the Judge Advocate General Chief Warrant Officer .................................... 3 Director of Military Prosecutions ..................................................................... 3 Director of Defence Counsel Services ................................................................ 4 Deputy Judge Advocate General Strategic ......................................................... 5 Military Justice Division ................................................................................ 6 Administrative Law Division ........................................................................... 7 Operational and International Law Division ........................................................ 8 Regional Services Division ............................................................................. 9 Chief of Staff Division ................................................................................. 10 Legal Officers Serving Outside of the Office of the Judge Advocate General .............. 10 Civilian Personnel of the Office of the Judge Advocate General .............................. 10 CHAPTER TWO Service Tribunals Statistics ......................................................................11 Summary Trials ......................................................................................... 11 Courts Martial .......................................................................................... 18 2017-18 JAG Annual Report • I CHAPTER THREE Military Justice: Jurisprudence, Developments and Policy Initiatives ........23 Jurisprudence .......................................................................................... 23 Upcoming Appeals to the Supreme Court of Canada .................................................23 Court Martial Appeal Court Decisions .................................................................24 Ongoing Appeals at the Court Martial Appeal Court at the End of the Reporting Period ...........25 Upcoming Appeal to the Court Martial Appeal Court ................................................26 Court Martial Decisions .................................................................................27 Developments and Policy Initiatives ............................................................... 28 Support to Victims ......................................................................................28 Policy on Sentencing Considerations Related to Aboriginal Offenders ..............................29 Bill C-15 Implementation ...............................................................................29 Superintendence Enhancement and Assessment Project (SEAP) ....................................29 Military Justice Performance Management System ...................................................30 Office of the Auditor General Audit of the Military Justice System ...................................30 Court Martial Comprehensive Review .................................................................30 Chief Military Judge Charged with Offences Under the Code of Service Discipline .................31 2018-2021 Office of the JAG Strategic Direction ......................................................31 Canadian Armed Forces Discipline Advisory Council .................................................31 Bill C-66: Expungement of Historically Unjust Convictions Act ..........................................32 CHAPTER FOUR The Way Ahead .......................................................................................33 Conclusion .............................................................................................. 34 ANNEXES Annex A: 2018-2021 Office of the JAG Strategic Direction — "Excellence Through Service" Annex B: Summary of Charges Disposed of at Summary Trial Annex C: Summary of Charges Disposed of at Court Martial Annex D: 2017-2018 Director of Military Prosecutions Annual Report Annex E: Annual Report 2017-2018 Director of Defence Counsel Services II • 2017-18 JAG Annual Report Communiqué I am pleased to deliver my first annual report to the The first stage of our strategic review and analysis Minister of National Defence on the administration culminated in February 2018 when I issued the of military justice since my appointment as Judge 2018-2021 Office of the JAG Strategic Direction Advocate General of the Canadian Armed Forces on which provides our mission statement:1 27 June 2017. This report covers the period from 1 April 2017 to 31 March 2018 and is made pursuant Mission to section 9.3 of the National Defence Act. To deliver client-focused, timely, options- oriented and operationally-driven military legal In my role as the Judge Advocate General, I have services in support of Government of Canada, two primary functions mandated by the National Department of National Defence and Canadian Defence Act. First, the Judge Advocate General is the Armed Forces priorities and objectives; and, to legal adviser to the Governor General, the Minister superintend the administration of military justice of National Defence, the Canadian Armed Forces in the Canadian Armed Forces while respecting and the Department of National Defence in matters the independent roles of each statutory actor relating to military law. Second, the Judge Advocate within the military justice system. General is responsible for the superintendence of the administration of military justice in the Canadian The overarching theme my senior leadership Armed Forces. team and I have chosen for the Office of the JAG Strategic Direction is “Excellence Through Service.” I began fulfilling my duties as the Judge Advocate This Direction will shape the activities of the Office General during this reporting period and was also of the Judge Advocate General for the next three entrusted with the responsibility of leading the years. It clearly articulates our Mission, Priorities, team of dedicated professionals that forms the Relevance Proposition and what the Office of the Office of the Judge Advocate General. Judge Advocate General will do to deliver concrete results in priority areas. It is a roadmap that will The 2018-2021 Office of the JAG Strategic ensure we remain focused on our clients, team and Direction — "Excellence Through Service" values as we fulfill our mission. One of my first priorities was to develop and Strong, Secure, Engaged issue a strategic direction early in my mandate in order to guide our efforts and clearly state the Included in the Office of the JAG Strategic Direction priorities and main tasks of the Office of the Judge is a commitment to plan and deliver all our activities Advocate General. The position of Deputy Judge and processes in a manner that fully integrates Advocate General Strategic was created to develop and supports Governmental, Departmental and and facilitate strategic initiatives that ensure the Canadian Armed Forces objectives and priorities provision of legal services by the Office of the found in the Strong, Secure, Engaged: Defence Judge Advocate General which fully integrates and Policy; Defence Plan (2018-2023); Force Posture supports the Government of Canada, Departmental and Readiness; Defence Results Framework; and and Canadian Armed Forces objectives and Defence Program Analytics. priorities. Based on current assessments, the Office of the Judge Advocate General is directly supporting 84 of 133 Initiatives and Initiative Activities set out in Strong, Secure, Engaged. Within the Defence 1 Please refer to Annex A for the complete 2018-2021 Office of the JAG Strategic Direction "Excellence– Through Service" accessible online at: http://www.forces.gc.ca/en/about-org-structure/judge-advocate-general-strategic-direction-2018-2021.page
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