Office of the Judge Advocate General - DPR - 2013-14

Return to Section II

Office of the Judge Advocate General

The Judge Advocate General (JAG) is appointed by the Governor in Council and carries out a statutorily-based mandate, as set out in the National Defence Act, to act as legal advisor to the Governor General, the Minister of National Defence (MND), the Department of National Defence (DND) and the Canadian Armed Forces (CAF) in matters relating to military law and to superintend the administration of military justice. Military law encompasses all international and domestic law relating to the governance, administration and operations of the DND and CAF. The JAG carries out his statutory mandate through the Office of the JAG.

In Fiscal Year (FY) 2013-14 demands for JAG legal advice and services were at their highest point since the Office began tracking this data in 1998, a 6% increase over FY 2012-13 demands. Over the past 7 years, the OJAG has experienced a continuing trend of increased service demands and it is anticipated that this trend will continue in upcoming FYs. During FY 2013-14, as per the JAG’s Mission and Vision document, the Office of the JAG demonstrated the ability to be an agile military team of operationally-focused, globally deployable and networked professionals. This contributed to a disciplined force and to DND/CAF mission success.

During the reporting period, legal officers (including deployed legal officers) from the Office of the JAG provided legal support to the full range of CAF international operations – most notably in-theatre legal advice to OP RENAISSANCE in aid of the DART deployment to the Philippines, mission transition and training operations in Afghanistan, as well as strategic and operational level legal advice on maritime security and counter-terrorism operations in the Arabian Sea as part of Canada's contribution to Combined Task Force 150 through Operation ARTEMIS. Legal officers also provided extensive legal support to CAF domestic and continental operations – including sovereignty operations across Canada’s North, assistance to Canadian law enforcement authorities such as the Royal Canadian Mounted Police (RCMP), Department of Fisheries and Oceans (DFO), and Canada Border Services Agency (CBSA), public service assistance to civil authorities in response to humanitarian situations such as fires and floods, and maritime operations in the Caribbean Sea in support of US Coast Guard counter-narcotics law enforcement operations. Legal officers also provided legal advice in respect of the implementation of international agreements with an impact on CAF operations, and the Office of the JAG was an active participant in numerous international efforts to clarify and disseminate international law. Extensive legal support was also provided in the development of CAF cyber capabilities. Additionally, legal officers have been involved in the development of domestic legislative initiatives including Bill C-6 which would implement Canada's obligations under the Convention on Cluster Munitions, Bill C-24 which seeks to amend the federal Citizenship Act, and various Memoranda to Cabinet proposing future legislative initiatives.

The demand for legal advice and services during the planning and conduct of CAF international and domestic operations is but one expression of the emphasis that the DND and CAF places on the adherence to the Rule of Law. The Office of the JAG also provides legal advice in respect of a number of important administrative law issues. This included providing legal advice in the resolution of grievances by the final authority in the grievance process; providing legal advice in respect of creating compensation and benefits policies for CAF members and creating military HR policy and providing legal advice on the structure and organization of the CAF. The OJAG is also responsible for administering the service estates of deceased CAF service members.

Legal officers were also active in the provision of legal advice and support services within the military justice system, both at the summary trial level and as counsel before courts martial and the Court Martial Appeal Court of Canada. This high level of engagement both assisted in the further development of the military justice system as a means of fairly administering discipline and contributed to the evolution of Canadian law.

Financial Resources
($ thousands) Actual Spending 2011-12 Actual Spending 2012-13 Planned Spending 2013-14 Total Authorities 2013-14 Actual Spending 2013-14
Vote 1 - Salary and Personnel1 6,016 6,151 6,017 6,800 5,992
Vote 1 - Operating and Maintenance2 3,246 3,002 2,730 3,185 2,500
Sub-total Vote 1 9,262 9,153 8,747 9,985 8,492
Vote 5 – Capital 58 126 60 153 50
Grand total 9,320 9,279 8,807 10,138 8,542
Corporate Account
Vote 1 – Crown Liabilities 204 284 270 260 250
Grand total 9,524 9,563 9,077 10,398 8,792

Sources: Office of the Judge Advocate General and Assistant Deputy Minister (Finance and Corporate Services) group

Due to rounding, figures may not add up to totals shown.

Notes: The difference between Planned Spending and Actual Spending for FY 2013-14 is due to the following:

  • Salary and Personnel - The $128K variance is due to delays in staffing vacant positions.
  • Operating and Maintenance – The variance is attributed to the cancellation, postponement or reduction in scope of several activities.
  • Capital – Minor capital projects $70K in year transfer to Assistant Deputy Minister (Infrastructure and Environment).
  • Crown Liability – This expenditure is predicated on the number of courts martial being conducted.
Human Resources
Actual
2011-12
Actual
2012-13
Planned
2013-14
Actual
2013-14
Regular Force 144 150 160 158
Civilian FTEs 90 82 77 77
TOTAL 234 232 237 235

Sources: Office of the Judge Advocate General and Assistant Deputy Minister (Human Resources) group

Page details

Date modified: