Schedule E

Submitted to the Third Independent Review Authority from the Independent Review Secretariat, 27 October 2020

References – Military Justice Reference Material

Jurisprudence

  1. R v Stillman, 2019 SCC 40
  2. R v Moriarity, 2015 SCC 55
  3. R v Gladue, [1999] 1 S.C.R. 688 [PDF, 250KB]
  4. R v Généreux, [1992] 1 S.C.R. 259
  5. MacKay v The Queen, [1980] 2 S.C.R. 370
  6. Canada (Director of Military Prosecutions) v Canada (Deputy Chief Military Judge) 2020 FC 330
  7. Thurrott v Canada, 2018 FC 577
  8. Canada (Director of Military Prosecutions) v Canada (Court Martial Administrator), 2006 FC 1532
  9. R v Golzari, 2017 CMAC 3
  10. R v Leblanc, 2011 CMAC 2
  11. R v Trépanier, 2008 CMAC 3
  12. R v MacPherson and Chauhan and J.L., 2020 CM 2012
  13. R v Iredale, 2020 CM 4011
  14. R c Fontaine, 2020 CM 3008
  15. R c Crépeau, 2020 CM 3007
  16. R v Edwards, 2020 CM 3006
  17. R v Bourque, 2020 CM 2008
  18. R v D’Amico, 2020 CM 2002
  19. R v Pett, 2019 CM 4018

Legislation and Regulations

  1. National Defence Act, R.S.C., 1985
  2. Queens Regulations and Orders, Volume I Administration
  3. Queens Regulations and Orders, Volume II Disciplinary
  4. Military Rules of Evidence, C.R.C., c. 1049
  5. Defence Controlled Access Area, Regulations SOR-86-957
  6. Inspection and Search Defence, Regulations SOR-86-958

Reports & Reviews

  1. Dishonoured Legacy, The Lessons of the Somalia Affair
    1. Dishonoured Legacy, The Lessons of the Somalia Affair, Report of the Commission of Inquiry into the Deployment of Canadian Forces to Somalia, 1997, Executive Summary
    2. Dishonored Legacy, The Lessons of the Somalia Affair, Report of the Commission of Inquiry into the Deployment of Canadian Forces to Somalia, 1997, Vol III
  2. Report of the Special Advisory Group on Military Justice and Military Police Investigation Services, 1997 (Dickson Report I)
  3. Report on the Quasi-Judicial Role of the Minister of National Defence, 1997 (Dickson Report II)
  4. Report of the Military Police Services Review Group, 1998 (Dickson Report III)
  5. The First Independent Review by the Right Honourable Antonio Lamer P.C., C.C., C.D. of the provisions and operation of Bill C-25, An Act to amend the National Defence Act and to make consequential amendments to other Acts, as required under section 96 of Statutes of Canada 1998, c.35, 2003
  6. External Review of the Canadian Military Prosecution Service, 2008 (Bronson I)
  7. External Review of Defence Counsel Services, 2009 (Bronson II)
  8. Report of the Second Independent Review Authority to The Honourable Peter G. MacKay Minister of National Defence, 2011
  9. External Review into Sexual Misconduct and Sexual Harassment in the Canadian Armed Forces, 2015 (Deschamps Report)
  10. Spring Reports of the Auditor General of Canada to the Parliament of Canada, Report 3 – Administration of Justice in the Canadian Armed Forces, 2018
  11. Report 3, Administration of Justice in the Canadian Armed Forces, of the 2018 Spring Reports of the Auditor General of Canada, Report of the Standing Committee on Public Accounts, 2018 (PACP Report I) [PDF, 3.9MB]
  12. Government response to the Report of the Standing Committee on Public Accounts
    1. Government response to the Report of the Standing Committee on Public Accounts, entitled: Report 3, Administration of Military Justice in the Canadian Armed Forces, of the 2018 Spring Reports of the Auditor General of Canada, 2019 [PDF, 239KB]
    2. Update to the Standing Committee on Public Accounts on Report 3, Administration of Justice in the Canadian Armed Forces, of the 2018 Spring Reports of the Auditor General of Canada – Recommendation 6, 2020 [PDF, 1.1MB]
  13. Fall Reports of the Auditor General of Canada to the Parliament of Canada, Report 5 – Inappropriate Sexual Behaviour – Canadian Armed Forces, 2018
  14. Report 5, Inappropriate Sexual Behaviour – Canadian Armed Forces, of the 2018 Fall Reports of the Auditor General of Canada, Report of the Standing Committee on Public Accounts, 2019 [PDF, 3.0MB]
  15. Government response to the 61st report of the Standing Committee on Public Accounts [PDF, 1.2MB]
    1. Government response to the 61st report of the Standing Committee on Public Accounts, entitled: Report 5, Inappropriate Sexual Behaviour – Canadian Armed Forces, of the 2018 Fall Reports of the Auditor General of Canada, 2019 [PDF, 1.2MB]
    2. Response to the Standing Committee on Public Accounts’ Report 5, Inappropriate Sexual Behaviour – Canadian Armed Forces, of the fall 2018 Reports of the Auditor General of Canada – Recommendation 2, 2020 [PDF, 244KB]
    3. Response to the Standing Committee on Public Accounts’ Report 5, Inappropriate Sexual Behaviour – Canadian Armed Forces, of the fall 2018 Reports of the Auditor General of Canada – Recommendation 4, 2020 [PDF, 3.3MB]
  16. Sexual Harassment and Violence in the Canadian Armed Forces, Report of the Standing Senate Committee on National Security and Defence, 2019 [PDF, 1.4MB]

Judge Advocate General & Office of the Judge Advocate General Reports

  1. Judge Advocate General’s Annual Report 2010-2011
  2. Judge Advocate General’s Annual Report 2011-2012
  3. Judge Advocate General’s Annual Report 2012-2013
  4. Judge Advocate General’s Annual Report 2013-2014
  5. Judge Advocate General’s Annual Report 2014-2015
  6. Judge Advocate General’s Annual Report 2015-2016
  7. Judge Advocate General’s Annual Report 2016-2017
  8. Judge Advocate General’s Annual Report 2017-2018
  9. Judge Advocate General’s Annual Report 2018-2019
  1. Draft internal report, Court Martial Comprehensive Review, 2017

CF Training Material

  1. Presiding Officer Certification Training (POCT) student desk book, updated July 2019

Military Justice Academic Articles

  1. Brigadier-General Jerry Pitzul & Commander John Maguire, “A Perspective on Canada’s Code of Service Discipline”, 2002
  2. Michael Gibson, “International Human Rights Law and the Administration of Justice through Military Tribunals: Preserving Utility while Precluding Impunity”, 2008
  3. Stephen Strickey, “Anglo-American Military Justice System and the Wave of Civilization: Will Discipline Survive?”, 2013

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