The Office of the Judge Advocate General
The Judge Advocate General
The Judge Advocate General is appointed by the Governor in Council 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. The Judge Advocate General also has the statutory mandate to superintend the administration of military justice in the Canadian Armed Forces. 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 established within the Office of the JAG. The duties of a legal officer posted to such a position 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. 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 in Canada.Footnote 23
The Office of the Judge Advocate General
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. The divisions are 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.
On 26 January 2024, the Judge Advocate General issued a Policy Directive on the provision of legal services in support of the Judge Advocate General’s duties and functions, outlining the intent to empower legal officers to execute aspects of the Judge Advocate General’s duties and functions in a deliberate, responsible, and sustainable way. The Policy Directive establishes a framework to determine at which level legal services should be provided, based on a qualitative assessment of two broad criteria: the legal risk and the legal and contextual complexity of the matter. The Policy Directive also emphasizes improving key competencies within the Office of the JAG, such as communication and information sharing, knowledge management, and adopting a learning mindset focused on constant improvement.
In addition, the Judge Advocate General introduced new Strategic Guidance for the Office of the JAG. The Strategic Guidance defines the Office of the JAG’s overall mission as consisting of three principal lines of effort. The first is delivering client-focused, timely, options-oriented, and operationally-driven military legal services in support of the Government of Canada, Department of National Defence, and Canadian Armed Forces’ priorities and objectives. The second is superintending the administration of the military justice system and promoting the maintenance of discipline, efficiency, and morale in the Canadian Armed Forces by enabling the proper operation of the military justice system. Finally, the third line of effort is leading by example, inspiring excellence, and empowering Office of the JAG team members to reach their full potential.
The Office of the JAG also includes the Director of Military Prosecutions and the Director of Defence Counsel Services. The Director of Defence Counsel Services, assisted by legal officers who act as defence counsel, is responsible for providing, supervising, and directing legal services to persons who are liable to be charged, dealt with, and tried under the Code of Service Discipline, at no cost to the member. The Director of Defence Counsel Services is appointed by the Minister of National Defence for a renewable term of four years and acts independently from Canadian Armed Forces and Department of National Defence authorities when exercising their powers, duties, and functions.
The Director of Military Prosecutions is the senior military prosecutor in the Canadian Armed Forces. It is the responsibility of the Director of Military Prosecutions, with the assistance of legal officers appointed to act as military prosecutors, to prefer 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 is appointed by the Minister of National Defence for a renewable term of four years, and the Director of Military Prosecutions acts independently from Canadian Armed Forces and Department of National Defence authorities when exercising their prosecutorial powers, duties, and functions.
The Director of Military Prosecutions and the Director of Defence Counsel Services submit annual reports to the Judge Advocate General. Their reports for the 2023/24 reporting period are available online here:
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