Military Law: Where do I find it?

1. Military Law: Where do I find it? Presented by Andrea Belanger JAG Librarian May 26, 2008

2. OVERVIEW • Specific publications and documents used by the legal officers • Where they are available – JAG Library or online

3. AGENDA • National Defence Act • Canadian Forces Publications • QR&Os, DAODs, CFAOs • Court Martials • Websites • Battle Boxes and Starter Kits • Archives

4. National Defence Act • The National Defence Act was passed by Parliament in 1950 after previous legislation related to the armed forces was consolidated, including the Militia Act, the Naval Services Act and the Royal Canadian Air Force Act • The NDA includes The Code of Service Discipline • Available on the Dept. of Justice website: http://laws.justice.gc.ca/en/N-5/index.html

5. Canadian Forces Publications • Key documents used or distributed by the Office of the JAG include : - The Investigation and Charging Process in the Military Justice System - Law of Armed Conflict at the Operational and Tactical Level - Collection of Documents on the Law of Armed Conflict - Military Justice at the Summary Trial Level - The Code of Service Discipline and Me - JAG Annual Report - Links are available on the JAG webpage http://www.dnd.ca/jag/publications/default_e.asp?VIEW_BY=title

6. Queen’s Regulations and Orders • The special responsibilities and regulations that military personnel must follow are outlined within the Queen’s Regulations and Orders (QR&Os). • There are four volumes: Vol. 1 Administrative, Vol. 2 Disciplinary, Vol. 3 Financial, Vol. 4 Appendices • Official version is online: http://www.admfincs.forces.gc.ca/qr_o/intro_e.asp

7. CFAOs and DAODs • CFAOs are currently being phased-out and are either being replaced by such documents as Defence Administrative Orders (DAODs) or Standard Operating Procedures (SOPS) or they are being removed completely because they either outdated or no longer relevant. • The CFAOs are available on the DND website: http://www.admfincs.forces.gc.ca/admfincs/subjects/cfao/intro_e.asp • The DOADs are available on the DND website: http://www.admfincs.forces.gc.ca/admfincs/subjects/daod/intro_e.asp

8. Court Martials • There were no court martial transcripts before 1968. • The JAG Library has print copies of Court Martial transcripts from 1968 to Present • CM decisions are available on the Chief Military Judge website from 2001 – Present http://www.forces.gc.ca/cmj/decisions_e.asp

9. Court Martials Con’t • The JAG Library Archives has CM records from WWII as well as CM record sheets the 1980s – Present • There are also CM records index cards from the 1950s, 1960s, and 1970s. • Library and Archives Canada holds Court Martial records from the WWI http://www.collectionscanada.gc.ca/archivianet/courts-martial/index-e.html

10. Court Martial Appeals Court • CMAC decisions are available in the five volume set “Court Martial Appeal Reports” which covers from 1957 – 1997. • CMAC decisions are also available online through Quicklaw (1975 - Present) and on the CMAC website (1992 – Present) • The library also has some CMAC transcripts

11. National Defence Websites • Office of the Judge Advocate General http://jag.dwan.dnd.ca/main_e.asp • Canadian Forces Virtual Library webpage http://wps.cfc.forces.gc.ca/cfvl/en/index.php • National Defence Headquarters Library (Ottawa) http://cfsuo.mil.ca/lib/intro_e.asp • Canadian Forces College Library (Toronto) http://wps.cfc.forces.gc.ca/en/index.php • Royal Military College Library (Kingston) http://www.rmc.ca/academic/library/

12. Sword & Scale • The CBA publishes a National Military Law Section newsletter on its website • Articles written by the JAG legal officers • Major Andreas Bolik is the editor and LCol Bruce MacGregor is the Chair • http://www.cba.org/CBA/Sections%5Fmilitary/main/

13. Battle Boxes • Battle Boxes are issued to every deployed legal officer before they leave. • The publications included are: - Handbook on the Law of War for Armed Forces - Martin’s Annual Criminal Code - Oxford Dictionary - Contemporary Law of Armed Conflict - NATO Handbook - Petit Robert Dictionary - Use of Force in CF Operations

14. Starter Kits • Starter Kits are issued to every new legal officer in the branch, both regular and reserve force. • The publications included are: - QR&O Volumes http://admfincs.mil.ca/qr_o/intro_e.asp - CBA Code of Professional Conduct     - Court Martial Appeal Reports - JAG Annual Report     - Domestic Ops binder (latest dated 2006)

15. Starter Kits Con’t - Federal, Provincial and Territorial Electoral Events - Code of Conduct for CF Personnel - Basic Rules of the Geneva Conventions - The Geneva Conventions of 12 Aug 49 - Protocols Additional to the Geneva Conventions - National Defence Act

16. Archives • The oldest publication in the library is from 1813 (copy of Principles and Practice of Naval and Military Courts Martial) • The oldest original publication is copy of the General Orders from 1895 • General Orders and Militia Orders • Older versions of QR&Os (KR&Os), CFAOs, DAODs, and CANFORGENS

17. Archives Con’t • NDA documents (historical acts, bills, explanatory material) • Military Forces of the Crown by Charles Clode • Older versions of Martin’s Criminal Code and Cournoyer Code Criminel Annoté • Court Martial index cards and charge sheets • Manuals of Military Law (UK)

18. Thank you.