Ottawa, Thursday, October 6, 2011
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I am delighted to be here today to mark the 100th anniversary of the appointment of Canada’s first judge advocate general.
As governor general and commander-in-chief of Canada, I regularly have the privilege of speaking with the men and women of the Canadian Forces. And several times a year, I recognize outstanding service by conferring well-deserved honours, medals and decorations upon those who have truly excelled in their duties.
On these occasions, I sometimes quote my predecessor, General Georges P. Vanier, who once said:
“The overpowering strength of a free people is the readiness voluntarily to defend not merely themselves, not only their allies, but the very democratic principles they cherish.”
It is these cherished democratic principles that the members of the Canadian Forces seek to defend. Take, for example, the rule of law. And by rule of law, I mean the prevailing legal system in Canada centred upon the constant, relentless pursuit of justice.
Canadian judge advocate generals—past and present—are keenly aware of the vital importance of the rule of law, not just to our country, but also to Canadian Forces operations themselves. As the Department of National Defence put it in Duty With Honour, its manual of military conduct, “the fundamental purpose of the Canadian profession of arms is the ordered, lawful application of military force pursuant to government direction.”
It bears repeating: each and every Canadian Forces mission must be lawful and based on sound advice that identifies the legal authority for the operation and defines its limits.
The judge advocate general—and the more than 200 Regular and Reserve force military lawyers who provide legal services to the Canadian Forces—ensures the standards of legality are met.
The JAG also oversees the administration of military justice, which is of key importance to operational effectiveness—and therefore to the defence of Canada’s ideals and interests. Discipline is vital to the use of armed force, and discipline is best ensured by fairly balancing the rights of Canadian Forces members with the needs of those in command.
Whatever the situation in peacetime or in war, the judge advocate general understands that we must never lose sight of that which we seek to defend.
As commander-in-chief, I often speak to Canadian Forces members of their responsibility as role models, both here in Canada and internationally. I tell them that their standards of conduct, ethics and morals must be beyond reproach, because they embody the depth of our commitment to the common good.
One hundred years ago, Major-General Henry Smith was named Canada’s first judge advocate general. As Captain Ross Appleton points out in his recent biographical essay on Major-General Smith, his appointment was cheered by the Canadian Military Gazette with the following words:
“No man in Canada has a better knowledge of the requirements of our little army.”
Today, our “little army” has evolved into a sophisticated force capable of mounting a multitude of domestic and international operations. Meanwhile, the world in which the Canadian Forces operates is vastly more dynamic and complex than it was a century ago.
This makes the administration of military justice and the role of judge advocate general perhaps more important than ever. As we reflect upon and celebrate our achievements of the last 100 years, let us reaffirm our commitment to justice within the military, throughout Canada and around the world.
Thank you.
