Chapter One — Who We Are: The Office of the Judge Advocate General
The Judge Advocate General
The Judge Advocate General acts as legal advisor to the Governor General, the Minister of National Defence, the Department of National Defence, and the Canadian Armed Forces in matters relating to military law.
In accordance with section 9 of the National Defence Act,Footnote 1 the Judge Advocate General is appointed by the Governor in Council for a term not exceeding four years and acts as legal advisor to the Governor General, the Minister of National Defence, the Department of National Defence, and the Canadian Armed Forces in matters relating to military law. Pursuant to section 10 of the National Defence Act, the Minister of National Defence may authorize any other officer so qualified to act as the Judge Advocate General. The Judge Advocate General also has the statutory mandate to superintend the administration of military justice in the Canadian Armed Forces pursuant to section 9.2 of the National Defence Act.Footnote 2 The Judge Advocate General is responsible to the Minister of National Defence in the performance of their duties and functions.
Command of the Office of the Judge Advocate General
The Judge Advocate General has command over all officers and non-commissioned members posted to a position within the Office of the JAG. to ensure the provision of independent legal services, legal officers within the Office of the JAG are not subject to the command of an officer who is not a legal officer.
The Judge Advocate General has command over all officers and non-commissioned members posted to a position established within the Office of the Judge Advocate General (Office of the JAG). The duties of a legal officer posted to a position established within the Office of the JAG are determined by, or under the authority of, the Judge Advocate General and, in respect of the performance of those duties, a legal officer is not subject to the command of an officer who is not a legal officer.Footnote 3 This is to ensure that legal officers provide independent legal services. All qualified legal officers serving in the Office of the JAG are members in good standing at the bar of a province or territory.
Office of the Judge Advocate General
Composition
Director of Military Prosecutions
Director of Defence Counsel Services
Chief of Staff and Corporate Services Division
Military Justice Division
Military Justice Modernization Division
Operational and International Law Division
Administrative Law Division
Regional Services Division
The Office of the JAG supports the Judge Advocate General in carrying out their statutory duties and functions. It is composed of Canadian Armed Forces’ Regular and Reserve Force legal officers, civilian members of the Public Service, and Canadian Armed Forces’ members from other military occupations.
The Office of the JAG is comprised of six divisions and two directorates, all led by legal officers of the Colonel/Captain(N) rank, and whose legal officer members are drawn from both the Regular Force and the JAG Primary Reserve List. These are the Director of Military Prosecutions, Director of Defence Counsel Services, the Chief of Staff and Corporate Services Division, the Military Justice Division, the Military Justice Modernization Division, the Operational and International Law Division, the Administrative Law Division, and the Regional Services Division.
The Office of the JAG's mission is to deliver client focused, timely, options-oriented, and operationally-driven legal services in support of Government of Canada, Department of National Defence and Canadian Armed Forces priorities and objectives.
During the first half of the reporting period the Office of the JAG initiated an organization change to create a new Division - Military Justice Modernization (MJM) - to enable the Office of the JAG to provide the dedicated legal services required to best support the implementation of the military justice related recommendations found in the Report of the Third Independent Review Authority to the Minister of National DefenceFootnote 4 and the anticipated recommendations of The Report of the Independent External Comprehensive Review.Footnote 5 As a result, the position of Deputy Judge Advocate General, Strategic was changed to become the Deputy Judge Advocate General, Military Justice Modernization, assuming responsibility for leading the new Military Justice Modernization Division staffed with legal officers transferred from other Office of the JAG Divisions and Directorates.

Figure 1-1: Long description
- JAG Office
- Ottawa
- Assistant Judge Advocate General
- Esquimalt
- Edmonton
- Winnipeg
- Toronto
- Ottawa
- Montreal
- Halifax
- Deputy Judge Advocate
- Comox
- Cold Lake
- Yellowknife
- Borden
- Trenton
- Kingston
- Petawawa
- Ottawa
- Saint-Jean
- Valcartier
- Quebec City
- Bagotville
- Gagetown
- Greenwood
- Canadian Military Prosecutions Services
- Ottawa
- Regional Military Prosecutors
- Esquimalt
- Edmonton
- Ottawa
- Valcartier
- Halifax
- Defence Counsel Services
- Ottawa
- Outside of Canada
- Colorado Springs, United States
- Geilenkirchen, Germany
The Judge Advocate General Chief Warrant Officer
The Judge Advocate General Chief Warrant Officer serves as the senior non-commissioned member advisor to the Judge Advocate General. Based on the command team concept, the Judge Advocate General Chief Warrant Officer provides perspective to the Judge Advocate General and the senior leadership team on strategic issues related to the Judge Advocate General’s statutory roles, the Canadian Armed Forces and the Office of the JAG.
Together with the Canadian Armed Forces Chief Warrant Officer, the Judge Advocate General Chief Warrant Officer co-chairs the Canadian Armed Forces Discipline Advisory Council. This council includes the most senior non-commissioned members from each command and from other key level one organizations. The council meets to discuss strategic issues relevant to the maintenance of discipline and provides input to both the Armed Forces Council and the Judge Advocate General.
Other experienced Chief Warrant Officers and Chief Petty Officers First Class are posted to positions in the Assistant Judge Advocate General offices and in certain Deputy Judge Advocate offices within Canada. The Assistant Judge Advocate General and Deputy Judge Advocate Chief Warrant Officers/ Chief Petty Officers First Class provide an invaluable link between senior non-commissioned members at the unit, base, wing, and formation levels, and the local legal office in addressing disciplinary and administrative matters.
Key Initiatives
During the current reporting period, the Judge Advocate General Chief Warrant Officer has:
- Co-chaired the Canadian Armed Forces Discipline Advisory Council
- Coordinated and maintained responsibility for all Office of the JAG ceremonial functions in the National Capital Region, including the presentation of the Royal Banner by Her Majesty the Queen
- Researched, designed, and sourced a display case for the Office of the JAG Royal Banner
- Coordinated the Office of the JAG Honours & Recognitions Boards
- Coordinated with all Level 1 Chief Warrant Officers on key files and issues
- Participated in numerous Professional Development meetings within the Office of the JAG, and served as a member of the Professional Development Council chaired by Commander Canadian Defence Academy
Director of Military Prosecutions
The Director of Military Prosecutions, the senior military prosecutor in the Canadian Armed Forces, is appointed by the Minister of National Defence for a renewable term of up to four years pursuant to subsections 165.1(1) and (2) of the National Defence Act.Footnote 6 The Director of Military Prosecutions acts independently from the Canadian Armed Forces and Department of National Defence authorities when exercising their prosecutorial powers, duties, and functions. Only the Minister of National Defence may remove the Director of Military Prosecutions from office, for cause, and only on the recommendation of an independent inquiry committee.
In accordance with section 165.15 of the National Defence Act,Footnote 7 the Director of Military Prosecutions may be assisted and represented, to the extent determined by the Director of Military Prosecutions, by officers who are barristers or advocates with standing at the bar of a province or territory. In this regard, the Director of Military Prosecutions is assisted by a number of Regular and Reserve Force legal officers, along with a civilian paralegal and support staff. In instances where there is a risk of conflict of interest, the Director of Military Prosecutions may also appoint special prosecutors who are not legal officers but who are Canadian Armed Forces officers and barristers or advocates with standing at the bar of a province or territory. The Canadian Military Prosecution Service is organized regionally with Regional Military Prosecutors located in Halifax, Valcartier, Ottawa, Edmonton, and Esquimalt.
It is the responsibility of the Director of Military Prosecutions, with the assistance of those legal officers appointed to act as military prosecutors, to prefer all charges to be tried by court martial, to conduct all prosecutions at court martial, and to act as counsel for the Minister of National Defence in respect of appeals to the Court Martial Appeal Court of Canada and the Supreme Court of Canada. The Director of Military Prosecutions is also responsible for providing advice in support of investigations conducted by the Canadian Forces National Investigation Service, a military police service that reports to the Canadian Forces Provost Marshal. The Director of Military Prosecutions also acts as counsel for the Canadian Armed Forces during custody review hearings.
Pursuant to section 165.17 of the National Defence Act,Footnote 8 the Director of Military Prosecutions acts under the general supervision of the Judge Advocate General and, the Judge Advocate General has the authority to issue general instructions or guidelines in writing to the Director of Military Prosecutions in respect of prosecutions. The Director of Military Prosecutions must ensure that any such instructions or guidelines are made available to the public. The Judge Advocate General also has the authority to issue instructions or guidelines in writing in respect of a particular prosecution. The Director of Military Prosecutions must ensure that these instructions or guidelines are made available to the public unless the Director of Military Prosecutions considers that doing so would not be in the best interest of the administration of military justice. During this reporting period, the Judge Advocate General did not issue any general or specific instructions or guidelines to the Director of Military Prosecutions.
On 1 June 2021, the report of the Third Independent Review was tabled in Parliament. In this report, the Honorable Morris J. Fish made 107 recommendations of which 6 recommendations pertained directly to enhancing the independence of the Director of Military Prosecutions and military prosecutors, as well as the Director of Defence Counsel Services and military defence counsel.Footnote 9 On 20 October 2021, during the conduct of the Independent External Comprehensive Review, the Honorable Louise Arbour issued an interim recommendation to the Minister of National Defence to implement recommendation 68 of the Third Independent Review and to immediately transfer to civilian police forces all cases in the military justice system involving sexual assault and other offences of a sexual nature including allegations that were under investigation by the Canadian Forces National Investigation Service (CFNIS). Additionally, Justice Arbour recommended that in all relevant cases, sexual offence charges be laid in civilian courts. On 5 November 2021, the Canadian Forces Provost Marshal and the Director of Military Prosecutions issued a joint statement indicating their respective acceptance of the interim recommendation.
In accordance with article 110.11 of the Queen’s Regulations and Orders for the Canadian Forces,Footnote 10 the Director of Military Prosecutions reports annually to the Judge Advocate General on the execution of their duties and functions. A comprehensive review of the Canadian Military Prosecution Service activities over this reporting period can be found in the Director of Military Prosecutions Annual Report 2021-2022, which is attached as Annex C to this report.
Key Initiatives
During the current reporting period, the Canadian Military Prosecution Service has:
- Continued to meet and adapt to the challenges of bringing matters before the courts in the midst of the COVID-19 pandemic
- Implemented the interim recommendation of the Independent External Comprehensive Review by meeting with complainants in over 33 cases concerning offences of a sexual nature
- Attended and participated in Heads of Prosecution meetings with federal, provincial, and territorial partners
- Established with federal, provincial and territorial partners, in an ad hoc working group on concurrent jurisdiction in response to Recommendations 19 and 20 of the Third Independent Review
- Demonstrated a commitment to continual professional development by attending the National Criminal Law Program held in Victoria B.C.
- Acted as counsel and appeared in person at both the Court Martial Appeal Court of Canada and at the Supreme Court of Canada
Director of Defence Counsel Services
The Director of Defence Counsel Services is appointed by the Minister of National Defence for a renewable term of up to four years pursuant to subsections 249.18(1) and (2) of the National Defence Act.Footnote 11 The Director of Defence Counsel Services acts independently from Canadian Armed Forces and Department of National Defence authorities when exercising their powers, duties, and functions. Only the Minister of National Defence may remove the Director of Defence Counsel Services from office for cause, and only on the recommendation of an inquiry committee.
In accordance with section 249.21 of the National Defence Act,Footnote 12 the Director of Defence Counsel Services may be assisted in their duties and functions by persons who are barristers or advocates with standing at the bar of a province or territory. In this regard, the Director of Defence Counsel Services, located in the National Capital Region, is assisted by a number of Regular and Reserve Force legal officers who act as defence counsel, along with a civilian paralegal and support staff.
In accordance with section 249.19 of the National Defence Act,Footnote 13 it is the responsibility of the Director of Defence Counsel Services to provide, supervise and direct the legal services available under article 101.11 of the Queen’s Regulations and Orders for the Canadian ForcesFootnote 14 to persons who are liable to be charged, dealt with, and tried under the Code of Service Discipline, at no cost. This includes, but is not limited to:
- the provision of legal advice to a person who is the subject of an investigation under the Code of Service Discipline, a summary investigation, or a board of inquiry;
- the provision of legal advice to persons arrested or detained in respect of a service offence;
- the provision of legal counsel to an accused person where there are reasonable grounds to believe that the accused person is unfit to stand trial;
- the provision of legal advice of a general nature to an accused person or assisting officer on matters relating to summary trials;
- the provision of legal counsel to a person in respect of an application to review a direction for the conditional release of the person from custody following arrest;
- the provision of legal counsel to a person in respect of pre-trial custody hearings, in situations where the accused person is retained in custody following arrest;
- the provision of legal advice to an accused person with respect to the making of an election to be tried by court martial;
- the provision of legal advice to an accused person with respect to the waiver of the limitation periods;
- the provision of legal counsel to an accused person in respect of whom an application to a referral authority has been made;
- the provision of legal advice to an offender, or to an officer or non-commissioned member appointed to assist an offender, in respect of an application to vary a suspension order or an intermittent sentence order or an application to vary conditions or in respect of a hearing into breach of conditions;
- the provision of legal advice to a person who wishes to preserve the right to appeal under the National Defence Act;Footnote 15
- the provision of legal advice to a person who wishes to apply, or has applied, to the Appeal Committee;
- the provision of legal counsel to a person in respect of an application for release pending an appeal;
- the provision of legal counsel to a person released from custody pending appeal, in respect of an application for review or breach of an undertaking or appeal;
- the provision of legal counsel to the respondent on an appeal or an application for leave to appeal by the Minister of National Defence; and
- the provision of legal counsel to an appellant on an appeal or an application for leave to appeal with the approval of the Appeal Committee.
The relationship between the Director of Defence Counsel Services and the Judge Advocate General is set out at section 249.2 of the National Defence Act.Footnote 16 The Director of Defence Counsel Services acts under the general supervision of the Judge Advocate General, and the Judge Advocate General has the authority to issue general instructions or guidelines in writing to the Director of Defence Counsel Services in respect of defence counsel services. Furthermore, the Director of Defence Counsel Services must ensure that any such instructions or guidelines are made available to the public. Unlike with the Canadian Military Prosecutions Service, the Judge Advocate General has no authority to issue instructions or guidelines in respect of a particular case. During this reporting period, the Judge Advocate General did not issue any general instructions or guidelines to the Director of Defence Counsel Services in respect of defence counsel services.
On 1 June 2021, the report of the Third Independent Review was tabled in Parliament. In this report, the Honorable Morris J. Fish made 107 recommendations of which 6 recommendations pertained to enhancing the independence of the Director of Defence Counsel Services and of military defence counsel, as well as the Director of Military Prosecutions and military prosecutors.Footnote 17 Justice Fish acknowledged in his report the important role filled by military defence counsel in providing independent legal services and advocacy on behalf of their clients to ensure the ongoing legitimacy of the military justice system.Footnote 18
In accordance with paragraph 101.11(4) of the Queen’s Regulations and Orders for the Canadian Forces, the Director of Defence Counsel Services is required to report annually to the Judge Advocate General on the provision of legal services as well as other duties that are prescribed by regulations. A copy of the Annual Report 2021-2022, Director of Defence Counsel Services is attached as Annex D to this report.
Key Initiatives
During the current reporting period, Defence Counsel Services has:
- Filed applications for leave to appeal at the Supreme Court of Canada in several cases raising the issue of judicial independence of military judges under s.11 (d) of the Canadian Charter of Rights and Freedoms
- Represented clients in person at both Courts Martial and at the Court Martial Appeal Court of Canada
- Successfully advocated for leave to appeal to the Supreme Court of Canada in R v McGregor on the issue of the extraterritorial application of the Canadian Charter of Rights and Freedom
Chief of Staff and Corporate Services Division
Composed of both civilian and military staff, the Chief of Staff and Corporate Services Division is responsible for providing the Office of the JAG with staff and corporate services and support across a range of functions, including military personnel and civilian human resources management, business planning, comptroller and financial management services, information management and technology, military and civilian training, organization and establishment, and administrative support services.
The Division is further responsible for addressing external corporate requirements, and is the Office of the JAG lead on a number of key departmental and governance processes within the Department of National Defence and Canadian Armed Forces including the Business Plan, the Departmental Plan, the Departmental Results Framework, the Departmental Results Report, the Defence Team Establishment Plan, the Defence Ethics Program, as well as the development, submission and implementation of Office of the JAG action plans for various programs such as Official Languages, Employment Equity Diversity and Inclusion, and the Public Service Employment Survey. The Division also provides support to the Chief of Staff for some administrative and command functions for the Office of the JAG relative to personnel, acts as principal advisor to the JAG on administrative and corporate matters, and as the Legal Branch Advisor, working with Military Personnel Command staff in the recruitment, training, career management, professional development, and succession planning of Canadian Armed Forces legal officers.
The Legal Branch Advisor, together with the Military Personnel Command, has commenced implementation of a report generated because of a multi-year military employment structure study of the legal officer occupation. Led by a legal officer posted to the Director Personnel Generation Requirements, the study analyzed all legal officer work requirements including jobs, positions, occupation structures, and employment qualifications. Among other issues, the study analyzed the possible specialization of military justice litigators along with other changes to legal officer employment that could enhance the independence of key actors in the military justice system. Implementation of the report’s recommendations is expected to drive important changes in future legal officer training, employment, and career progression.
Finally, the Division serves as the locus of Office of the JAG efforts to work with the broader Defence Team to align personnel and financial resources to achieve Department of National Defence, Canadian Armed Forces and Judge Advocate General priorities. During this reporting period, these efforts included ad hoc requests for “total force” growth to Regular Force, Reserve Force, and civilian components of the Office of the JAG establishment and the preliminary analysis of options to reorient and reorganize the Office to enable the timely analysis and implementation of the forthcoming recommendations of independent reviews impacting the military justice system.
Key Initiatives
During the current reporting period, the Chief of Staff and Corporate Services Division has:
- Continued to lead the Office of the JAG’s response to the COVID-19 pandemic through continued implementation of its Business Continuity Plan, by ensuring adequate resources to transition between home and office work, and by supporting morale and welfare initiatives
- Established a business analytics capability within the Office of the JAG to assist performance measurement and to facilitate data driven decision-making
- Generated a supplemental submission to Treasury Board concerning the Office of the JAG Budget for the 21-22 fiscal year
- Supported changes to establish the Military Justice Modernization Division and aligned financial resources to support the completion of independent reviews
- Continued to support the full Office of the JAG transition to the new Performance and Competency Evaluation (PaCE) system for evaluating military personnel performance
- Expanded the Office of the JAG’s Primary Reserve List and accelerated legal officer recruiting to address additional legal service demands within the Office of the JAG
- Continued work on the Military Employment Study (MES) final report recommending changes to the organization, establishment, and occupation descriptions for Canadian Armed Forces legal officers
- Supported cyclical Department of National Defence and Canadian Armed Forces programs including Business Planning, the Departmental Results Framework, the Departmental Plan, the Departmental Results Report, the Defence Team Establishment Plan, the Annual Military Occupational Review, postings, and Personnel Evaluation Review management
Military Justice Division
The Military Justice Division is responsible for supporting the Judge Advocate General in the fulfillment of their statutory responsibility as the superintendent of the administration of military justice in the Canadian Armed Forces and enabling its necessary evolution. Additionally, the Division is responsible for providing legal support to the Canadian Forces Provost Marshal. During the reporting period, the Division experienced a significant re-organization. Specifically, the Judge Advocate General Independent Review Response Team, which was responsible for supporting the Third Independent Review, was transferred to the newly constituted Military Justice Modernization Division. This transfer took place shortly after the report of the Third Independent Review was tabled in Parliament on 1 June 2021 and it was renamed the Directorate of Law/ Military Justice Review Support. Additionally, the Directorate of Law/ Military Justice Operations was sub-divided, and a new directorate entitled Directorate of Law/ Military Justice Superintendence was created.
Following the re-organization, the Military Justice Division comprised four directorates - each being responsible to support the Judge Advocate General’s mandate in critical ways.
The Directorate of Law/ Military Justice Policy has responsibility for policy development in the area of military justice, the development of legislation, regulations, orders and directives that pertain to the military justice system, the provision of advice on issues related to military justice policies, and the development of publications and guides related to the military justice system.
The Directorate of Law/ Military Justice Operations has responsibility for providing direct, support to the Judge Advocate General in relation to superintendence of the day-to-day operations of the military justice system. This includes providing direct operational support to legal officers within the Office of the JAG on military justice issues, producing the Judge Advocate General’s annual report to the Minister of National Defence, and managing the Military Justice Tracking System.
The Directorate of Law/ Military Justice Superintendence is responsible for the Superintendence Enhancement and Assessment Project. As such, Military Justice Superintendence works in partnership with the Assistant Deputy Minister (Information Management) to develop the Justice Administration and Information Management System (JAIMS). Military Justice Superintendence is also responsible for developing the Performance Monitoring Framework, maintaining the Military Justice System Time Standards and conducting the Military Justice System Stakeholder Engagement Project Survey.
The Canadian Forces Provost Marshal Legal Advisor is responsible for providing legal support and services to the Canadian Forces Provost Marshal and the Canadian Forces Military Police Group. This Directorate enables the efficient, effective and lawful conduct of policing operations, investigations, custody, and mandated security tasks. In addition, it also acts as the principal liaison between the Office of the JAG and the Canadian Forces Provost Marshal.
Key Initiatives
During the current reporting period, the Military Justice Division has:
- In collaboration with our partners, developed and achieved approval of the regulations required to enable the implementation of Bill C-77: An Act to amend the National Defence Act and to make related and consequential amendments to other Acts
- Continued to implement the recommendations stemming from Office of the Auditor General of Canada and Parliamentary reviews pertaining to the administration of justice in the Canadian Armed Forces
- Worked in partnership with the Assistant Deputy Minister (Information Management) in the ongoing development of the software and supported the rollout of JAIMS to units from 2 Canadian Mechanized Brigade Group in Petawawa (including the 2 CMBG Headquarters – making it the first formation in the CAF to have access to the JAIMS), as well as units belonging to Maritime Forces Pacific in Esquimalt and 2 Canadian Air Division in Winnipeg and Dundurn. This brought the total number of units using JAIMS to 18
- Enabled strategic military justice exchanges through the Military Justice Stakeholders Forum
- Provided legal services to the Canadian Forces Provost Marshal and the Canadian Forces Military Police Group
Military Justice Modernization Division
The Military Justice Modernization Division is responsible for supporting the Judge Advocate General in fulfilling their statutory responsibilities in respect of the superintendence of the administration of military justice in the Canadian Armed Forces. More specifically, the Division is responsible for enabling the Office of the JAG’s efforts to support the conduct of independent and external reviews and the implementation of their resulting military justice-related recommendations in a manner consistent with direction received from the Minister of National Defence.
The Military Justice Modernization Division delivers its services through two distinct directorates: the Directorate of Law/ Military Justice Implementation and the Directorate of Law/ Military Justice Review Support.
The Directorate of Law/ Military Justice Implementation is responsible for assisting the Department of National Defence, the Canadian Armed Forces, and the Office of the JAG with the implementation of recommendations from the Third Independent Review and the Independent External Comprehensive Review. Military Justice Implementation also provides support to the Judge Advocate General as part of their efforts to implement the recommendations for which the Office of the JAG is primarily or jointly responsible. The Third Independent Review and its contents are discussed in greater detail in Chapter 4.
Directorate of Law/ Military Justice Review Support is responsible for assisting the Canadian Armed Forces and the Office of the JAG to support the work of the Independent External Comprehensive Review. During this reporting period, Military Justice Review Support provided support to the Independent External Comprehensive Review as follows: by meeting with Justice Arbour’s team as required; by responding directly to specific requests for information or assistance related to military justice; by facilitating other requests for information and assistance that need to be addressed by a different Office of Primary Interest; and, by supporting the implementation of interim recommendations made by Justice Arbour as interim recommendations are released. The Independent External Comprehensive Review is discussed in greater detail in Chapter 4.
Key Initiatives
During the current reporting period, the Military Justice Modernization Division has:
- Provided critical input to the drafting of the CDS/DM Initiating Directive to stand up the External Comprehensive Reviews Implementation Committee (ECRIC) governance structure, and drafted the related JAG Initiating Directive to provide for the OJAG response to external comprehensive reviews
- Undertaken detailed analysis of the Third Independent Review and begun working towards implementation of those recommendations related to military justice for which the JAG is primarily or jointly responsible, with a focus on 36 recommendations identified by the MND for which work should begin in the short term
- Initiated the stand-up of working groups with independent actors and other government departments to advance the implementation of critical Third Independent Review recommendations, such as those pertaining to the creation of a permanent military court
- Provided advice to support the work of the ECRIC and Director General External Reviews Implementation Secretariat (DGERIS)
- Facilitated engagement of key military justice stakeholders both within and external to the DND/CAF, including through participation in Federal/Provincial/Territorial conferences
- Supported Parliamentary committee appearances of representatives of the Office of the JAG
Operational and International Law Division
The Operational and International Law Division is responsible for the provision of military legal services for all domestic and international operations. Additionally, this Division oversees all legal officers deployed on operations. Deployed legal officers provide legal support to deployed Canadian Armed Forces elements on all aspects of military law, including the military justice system.
The Operational and International Law Division is made up of eight directorates: the Strategic Joint Staff Legal Advisor; the Directorate of Law – International; the Canadian Joint Operations Command Legal Advisor; the Canadian Special Operations Forces Command Legal Advisor; the Legal Advisor to the Canadian Component at the North American Aerospace Defense Command; the Directorate of Law - Intelligence and Information Operations; the Directorate of Law – Cyber Operations; and newly established this reporting period, the Directorate of Law - National Security and Intelligence Review and Oversight.
The Strategic Joint Staff Legal Advisor provides legal advice on all strategic level operational issues affecting Canadian Armed Forces operations around the world such as domestic and international legal authorities, rules of engagement and use of force.
The Directorate of Law/ International provides strategic legal support and advice on the international legal framework for Canadian Armed Forces activities. This includes advice on the international legal basis for the conduct of operations, and in areas such as the law of armed conflict, international human rights law, and international criminal law. As well, this Directorate is the principal liaison with Global Affairs Canada Legal Services. This Directorate also works closely with partners and allies as well as Non-Governmental Organizations like the Canadian Red Cross and the International Committee of the Red Cross.
The Canadian Joint Operations Command Legal Advisor provides legal advice to the Commander of Canadian Joint Operations Command on all military law matters related to the conduct of conventional military operations at the operational level, in both continental and expeditionary contexts. In addition, deployed legal officers report to the Canadian Joint Operations Command Legal Advisor.
During this reporting period, 13 legal officers were deployed in direct support of four overseas operations: Operation REASSURANCE, Operation ARTEMIS, Operation IMPACT, as well as to the NATO Mission in Iraq. Deployed legal officers provide close support to task force commanders and staff to help ensure that missions are conducted in accordance with the applicable law.
The Canadian Special Operations Forces Command Legal Advisor provides legal advice in all aspects of military law related to the conduct of Canadian Special Operations Forces Command operations including its domestic and international counter-terrorism response and its mandated response to all domestic and international terrorist attacks, international crises, and associated threats.
The Legal Advisor to the Canadian component at North American Aerospace Defence Command provides legal advice on national issues to the Deputy Commander of North American Aerospace Defence in their role as the senior Canadian officer in the bi-national command structure. In addition, they provide advice on North American Aerospace Defence issues generally as part of the overall legal services team for North American Aerospace Defence Command.
The Directorate of Law/ Intelligence and Information Operations is the primary legal advisor to Canadian Forces Intelligence Command / Chief of Defence Intelligence and the units and organizations that report to them. It provides legal advice on strategic, operational, and tactical level issues relating to both domestic and international matters of an intelligence nature. Key areas of legal advice include information sharing, open-source intelligence, and counter-intelligence investigations.
The Directorate of Law/ Cyber Operations provides legal support at the strategic, operational, and tactical level on issues relating to the development and employment of cyber capabilities. This Directorate works closely with other Government of Canada departments and agencies as well as partners and Allies on issues of military law related to Canada’s activities in cyberspace.
The Directorate of Law/ National Security and Intelligence Review and Oversight was stood up during this reporting period. This new Directorate provides legal support to the National Security and Intelligence Review and Oversight Coordination Secretariat on questions of law related to the National Security and Intelligence Committee of Parliamentarians and the National Security and Intelligence Review Agency (NSIRA).
Key Initiatives
During the current reporting period, the Operational and International Law Division has:
- Supported the Canadian delegation at the United Nations Open-Ended Working Group on Security of and in the use of Information and Communications Technologies
- Continued to provide legal advice and support for over 20 domestic operations in support of the whole-of-Government response to the COVID-19 pandemic, natural disasters and humanitarian assistance
- Provided legal advice and support to over 20 Canadian Armed Forces operations around the world
- Supported Canadian Armed Forces with respect to vaccination exemption requests
- Supported the Department of National Defence and Canadian Armed Forces in providing responses to nearly a dozen national security or intelligence reviews
- Provided legal advice and support in relation to the provision of military assistance to Ukraine, in anticipation of an international armed conflict between Russia and Ukraine
- Planned the development and publication of Canada’s National Statement on “International Law applicable in cyberspace”
- Commenced a legal analysis of the DND/CAF human intelligence capabilities, focusing on whether this specialized activity is conducted in compliance with the law, directives, and policy
- Provided ongoing legal advice and support in relation to the release by the Government of Canada of its first voluntary report on the domestic implementation of international humanitarian law, in accordance with a commitment of Canada at the G7 on promoting IHL implementation and achieve greater awareness of and respect for IHL among national and international partners
Administrative Law Division
The Administrative Law Division provides legal advice to Canadian Armed Forces leaders at the strategic level on matters pertaining to the administration of the Canadian Armed Forces. This includes military personnel policies, administrative investigations, compensation, benefits, pensions, and estates, as well as matters relating to the governance, organization, and command structure of the Canadian Armed Forces and the operation of the military grievance system. Given the size and complexity of the Canadian Armed Forces and the multitude of important administrative decisions made each day, one of the objectives of providing legal advice in the military administrative law realm is to ensure that these decisions are made in accordance with applicable law and policy.
The Administrative Law Division is composed of three directorates: Directorate of Law/ Military Personnel; Directorate of Law/ Administrative Law; and Directorate of Law/ Compensation, Benefits, Pensions and Estates. Additionally, the Administrative Law Division is responsible for the legal advisor assigned to provide legal support to the Office of the Chief of the Defence Staff.
The Directorate of Law/ Military Personnel provides legal advice on the development and application of personnel policies spanning from recruitment to release, including such topics as universality of service, culture change, and conduct deficiencies.
The Directorate of Law/ Administrative Law provides legal advice and support in relation to complaint and conflict management, including military grievances, grievance-related litigation, administrative investigations, and the Canadian Armed Forces organization and command structure.
The Directorate of Law/ Compensation, Benefits, Pensions and Estates provides legal advice and support on the full spectrum of this framework, as well as legal and administrative support in relation to Service Estates.
Key Initiatives
During this reporting period, the Administrative Law Division has supported:
- The Chief Professional Conduct and Culture in initiating culture change
- The Chief of Military Personnel in developing military personnel policy (e.g., remote work)
- The Canadian Armed Forces in implementing mandatory COVID-19 vaccination
- Those responsible for proposing modifications to a substantial number of Compensation and Benefits Instructions, as well as those administering the grievance system and boards of inquiry
- The Chief of Defence Staff Office
Regional Services Division
Regional Services is the largest Division within the Office of the JAG and delivers legal services principally to Canadian Armed Forces’ units across Canada and abroad. There are eight regions within Regional Services, each of which is led by an Assistant Judge Advocate General (AJAG). The AJAG offices are located in: Ottawa, Halifax, Montreal, Toronto, Winnipeg, Edmonton, Esquimalt, and Geilenkirchen (Germany). Additionally, there are several legal officers who hold the position of Deputy Judge Advocate (DJA) and work directly for their respective AJAGs but are situated in satellite DJA offices located across Canada, typically in more remote areas.
The Regional Services Division is composed of both Regular and Reserve Force legal officers, all of whom provide legal advice to both Regular and Reserve Force commands, formations, and units on various aspects of military law. One of those aspects is military justice, which captures unit level advice on all aspects of the charge laying process. Legal officers within the Regional Services Division also assisted Referral Authorities in their duties to outline public interest factors or a lack of those factors when submitting files to the Director of Military Prosecutions for potential trials by way of court martial. Additionally, legal officers provide advice on all aspects of summary trials, thereby enhancing the fairness of such hearings and ensuring that the summary trial process is conducted in accordance with the law.
Another key aspect of the duties of the legal officers within the Regional Services Division is to provide training to Canadian Armed Forces commands, formations, and units. Examples of the variety of training topics include but is not limited to unit disciplinary investigations, the law of armed conflict, the use of force, and administrative legal issues. In support of the Judge Advocate General’s role as superintendent of the administration of military justice, legal officers within the Regional Services Division supported the last Presiding Officer Certification Training sessions prior to the coming into force of Bill C-77 with 31 two-day courses completed, six of which were delivered in French, with approximately 994 candidates completing the course. Regional Services also conducted 149 Unit Disciplinary Investigation courses in this reporting period.
In anticipation of the impending regulatory amendments that would come into force at the same time as Bill C-77 related amendments to the National Defence Act, a working group - the C-77 Regional Services Working Group was created in fall 2021. The C-77 Working Group met regularly with the C-77 Canadian Armed Forces Secretariat that is discussed in greater detail in Chapter 4, to prepare the Regional Services Division for the coming into force of the new regulations and for a seamless transition when offering legal services to their clients.
The Regional Services Division is the principal source of generating legal officers for Canadian Armed Forces exercises, training, and operational deployments in Canada and abroad. In this reporting period, legal officers from Regional Services provided support to domestic operations including Operations LENTUS, NANOOK-NUNALIVUT, LASER and VECTOR. Regional Services members also deployed internationally as part of Operations IMPACT, UNION, REASSURANCE, and the NATO Mission in Iraq. They participated in 17 exercises, including Ex RIMPAC 2022 and MAPLE RESOLVE.
Key Initiatives
During this reporting period, legal officers from the Regional Services Division have:
- Advised on all aspects of military justice at the unit level
- Responded to high demands in all areas of military law, supporting over 1400 discipline cases, approximately 37 Boards of Inquiry, and many other issues including the provision of advice on strategic policies, high profile grievances, and removal from command
- Provided critical advice on the application of the North Atlantic Treaty Organization Status of Forces Agreement and other related agreements
- Supported operations in the Arctic, including support to northern communities and Operation NANOOK (defence and security of Canada’s North)
- Supported Canadian NORAD region operations and exercises
- Provided direct support to domestic operations such as Operation LENTUS (assistance during floods, fires, and natural disasters), Operation LASER (response to the COVID-19 pandemic), Operation VECTOR (support to the Federal, Provincial, and Territorial government for the distribution of COVID-19 vaccines), Search and Rescue, and Assistance to Law Enforcement Agencies
- Supported force generation by participating in numerous exercises designed to ensure the operational readiness of the CAF
- Prepared for seamless transition for coming into force of Bill C-77 regulations in the first quarter of the next FY
Deputy Judge Advocate General Reserves
The Deputy Judge Advocate General Reserves is a member of the Office of the JAG Senior Council. They provide critical advice to the Judge Advocate General and Office of the JAG senior leadership in matters of Primary Reserve policy and employment in relation to Reserve Force legal officers.
Reserve Force Legal Officers provide tactical legal support to Canadian Armed Forces reserve elements, offer unique legal skills, and provide a surge capacity to complete tasks which exceed the Office of the JAG’s regular force capacity. Primary Reserve List members are located throughout Canada and principally support the Regional Services Division, the Canadian Military Prosecution Service, and Defence Counsel Services. Reserve Force legal officers undergo the same training and development as their Regular Force counterparts to ensure the readiness and capacity of the Office of the JAG to support the full range of Canadian Armed Forces operations. Primary Reserve List members in regional services maintain personal readiness and may voluntarily deploy on domestic and international operations.
Key Initiatives
During the current reporting period, Primary Reserve List members have:
- Worked on special assignments with the Military Justice Division and Canadian Forces Military Law Centre supporting the implementation of C-77
- Provided advice to Reserve and Regular Force units through regional services offices
- Supported the development and roll out of JAIMS
- Supported the initiatives of the Office of the JAG as well as the full range of Canadian Armed Forces operations
Legal Officers Serving Outside the Office of the Judge Advocate General
In addition to the legal officers serving in the above-mentioned organizations, a number of legal officers serve outside the Office of the JAG. Legal officers during this reporting period were employed at the Privy Council Office, Global Affairs Canada, the Canadian Forces Military Law Centre, and the Department of National Defence/ Canadian Armed Forces Legal Advisor with the Department of Justice.
Civilian Personnel of the Office of the Judge Advocate General
Civilian personnel form an integral and essential part of the Office of the JAG and contribute greatly to its continued success. They occupy positions located throughout Canadian Armed Forces bases and wings in Canada and abroad to provide key support to legal officers and their non-legal military personnel through their work in administrative, analytical, and technical tasks.
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