Download e-book for kindle: Another Kind of Justice: Canadian Military Law from by Chris Madsen

By Chris Madsen

An ancient survey of Canadian army legislations. Drawing on a number fabrics, it lines the improvement of army legislation from 1867 to 1997, supplying insights into army justice in Canada, the aim of army legislations, and the extent of felony professionalism in the Canadian army.

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Extra resources for Another Kind of Justice: Canadian Military Law from Confederation to Somalia

Sample text

Although the Dominion had agreed in 1888 to the desirability of a defence scheme, no progress had been made in concrete terms. ”99 Canadian permanent force officers and non-commissioned officers had travelled to Great Britain since Major General Herbert’s tenure as general officer commanding for instructional purposes with imperial regiments; but too few Canadian officers were trained properly in staff duties and military law within the militia. The twelve days of training allowed every year under Parliament’s existing estimates were recognized as insufficient.

N. 39 It was hoped that this type of training would allow them to fill higher staff 37 38 In Defence of Empire positions, with a view to creation of a general staff for the Canadian militia at some future date. V. 40 The Canadian officers’ poor showing was blamed on the inadequacy of military instruction in Canada. 41 Helped by this additional assistance, more Canadians obtained entrance to the staff college. The military law course that Canadian officers were required to pass at Camberley focused on the laws and customs of war and recent changes in British military law.

The complicated legal questions confronting the militia had already convinced the minister of militia and defence that the appointment of a judge advocate general was needed in Canada. ”58 As the minister pointed out, several US states, including small Massachusetts with only a 5,000-strong militia, had dedicated legal officers. Since the advanced age and standing of Borden’s nominee involved pension questions, the matter was referred to the military members of the Militia Council. ”59 A qualified civilian lawyer as Canada’s new JAG appeared preferable since the Department of Militia and Defence could then avoid any perceived conflict of interest.

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