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Military Administrative Law
Page 1 of 3
Français Home
Contact Us Photos
Help Comments
Search Site Map
Canada Site Defence Site
JAG What's New? Office of the JAG Military Justice Operational Law Administrative Law Training Careers Estates & Elections Publications Links
Military Administrative Law z z z z
z z
What is Administrative Law? Military Administrative Law Who provides legal advice on Military Admin Law Issues? Office of the Deputy Judge Advocate General/Military Justice and Administrative Law Directorate of Law/Human Resources Personnel-Related Issues
What is Administrative Law? Printer Friendly Version
The Civil Aviation Tribunal Process is quasi-judicial and an administrative review of the facts before the Courts. In this case the issue is the validity of the "diagnostic observations" and the nature of the "accredited medical conclusion" rebutted as random, knowingly tortious and therefore, injurious. under the terms of the Crown Liabilities Act. "Abuse of Process" and "wilful blindess" would also fall under the definition of "torts committed by the Crown". The CADENCE Vol. 22 has a set of articles dealing with these issues, backed by the "DCO Material" e-mail and the CHAP bring forwarded up the CIC Chain of Command on the attempt to appeal (in '02). The "Can-Says" are for the QB Action and have been in the Barrs' possession since mid'04.
Return to Top
In very broad and general terms, administrative law (Admin Law) is a branch of public law that concerns itself with the legal regulation of governmental power, particularly with respect to the state’s (and its institutions) relations with individual citizens.
Military Administrative Law
Return to Top
Because the Canadian Forces (CF) is highly regulated, military administrative law in the CF context usually examines the intricate balance between accomplishing the legitimate roles of the CF, as mandated by the government, and the proper scope of a CF member’s or DND employee’s individual autonomy. As part of a federal government institution, powers exercised by CF and DND authorities (derived from the National Defence Act (NDA) and its regulations, orders and directives), are subject to the Canadian Charter of Rights and Freedoms B, the Canadian Bill of Rights B, the Canadian Human Rights Act B, the Official Languages Act B, and numerous other rights – oriented legislation. Using the principles of admin law therefore, this examination normally involves scrutinizing procedural fairness issues in accordance with the tenets of natural justice, the rule of law, democratic values, and fundamental rights.
Who provides legal advice on Military Admin Law Issues?
Return to Top
Generally speaking, every AJAG and DJA Office in the CF provide legal advice on military admin law issues. However on issues that have CF – wide application and/or national policy development and implementation or interpretation, then the Directorate of Law/Human Resources in Ottawa provides the legal advice.
Deputy Judge Advocate General/Military Justice and Administrative Law
Return to Top
The Deputy Judge Advocate General/Military Justice and Administrative Law (DJAG/MJ&AL) is one of the two new DJAG positions created in 2005. DJAG/MJ&AL is responsible for providing DND and CF authorities with legal advice on military justice, personnel and administrative law issues. This is accomplished through the Directorate of Law/Military Justice Policy and Research (DLaw/MJP&R), the Directorate of Law/Human Resources (DLaw/HR), the new Directorate of Law/Administrative Law (DLaw/AL) and the Directorate of Law/Compensation and
http://www.dnd.ca/jag/admin_law/default_e.asp
10/2/2007
Military Administrative Law The "Statement of Defense Ethics" mentions using resources in the best interest of the Defense Mission.
Page 2 of 3
Benefits (DLaw/C&B). DLaw/MJP&R assists the JAG in carrying out his superintendence and review functions of the military justice system, and supports the production of the JAG’s Annual Report. The duties and responsibilities of DLaw/AL include giving advice with respect to administrative law matters, applications for redress of grievance, all types of administrative investigations including Boards of Inquiries, Canadian Forces Organizational Orders (CFOOs), Ministerial Organizational Orders (MOOs) and elections issues. DLaw/HR continues to advise DND officials and CF authorities on military personnel issues. And finally, DLaw/C&B is responsible to advise on compensation and benefits issues.
The 408 Experience resulted in the "loss" of a pilot due to useless "therapy" that was neither http://jag.dwan.dnd.ca/office/publications/annual_reports/2005annualreport_e.pdfat requested or consented to. page 82.
Return to Top The "Elwell" report Directorate of Law/Human Resources attempted to back the Our Mission: shrinks' position over the pilot's and sated that the Provide legal advisory services that support management of Military Human "therapy" was unsuccessful. Resources.
The TC Refs attempt to Legal Services: toss a civil career for the same reason... so that shrinks can be self-qualified DLaw/HR provides legal services to CF authorities in the specific areas of: Flight Surgeons (at my HR Advisory Services; z personal expense) and not Litigation Support (mostly under the Canadian Human Rights Act (CHRA); z be held culpable for their and Grievance Advisory Services z own mistakes, errors or omissions. The "Written Interrogatories" for the Barrs and FACS set the record straight for the TC Appeal Process.
Personnel-Related Issues
Return to Top
Although this list is not intended to be exhaustive, nor within the exclusive domain of DLaw/HR, the following areas are often reviewed for legal advice. z
z z z z z z z z z z z z z z z z z z z z
Administrative Reviews: This would be the errors in the "Bland" Review procedural errors { The "Consent Order" was a no-win proposition from Day #1 duty of fairness { exercise of discretion { FACS has no jurisdiction in Aeronautics matters jurisdiction { Canadian Charter of Rights and Freedoms See the Charter's s. 6.2(b) and "Abuse of Process" Issues Canadian Human Rights Act Career Review The CFAOs cover the administrative nature of the CAT Review & QB Action "Statement of Defense" CFAOs Conflict of Interest The "Shell Game in Play" e-mail is current to QB 0503 19251 Counseling & Probation / Recorded Warning Career Review The constitutionality of the "Singh" Report is under review (for "overvalued Constitutionality ideas about his belief systems") and the CIC/medical issues being neglected. DAODs DAODs reference the married CIC Officers via "CADENCE Vol 22" Delegation of Authority You need to be a CAME for this (by definition). Employment Policies Enrolment Harassment The CHAP is the CIC's Harassment & Grievance Reporting Chain (for the Barrs) Grievance Legislation (Other) - NDA, CFSA, Pension Act, Official Languages, etc. QR&O’s QR&O 21.19 & 21.21 covers "when a Claim Against the Crown Promissory Notes seems likely" (as of 15 Aug '02) Releases Reserves 408, 533 (& 418 Sqn) are all "Reserves" Universality of Service Young Offenders
http://www.dnd.ca/jag/admin_law/default_e.asp
10/2/2007
Military Administrative Law
Updated: 2002-11-30
http://www.dnd.ca/jag/admin_law/default_e.asp
Page 3 of 3
Important Notices
10/2/2007
Page 1 of 3
Français Home
Contact Us Photos
Help Comments
Search Site Map
Canada Site Defence Site
JAG What's New? Office of the JAG Military Justice Operational Law Administrative Law Training Careers Estates & Elections Publications Links
Military Administrative Law z z z z
z z
What is Administrative Law? Military Administrative Law Who provides legal advice on Military Admin Law Issues? Office of the Deputy Judge Advocate General/Military Justice and Administrative Law Directorate of Law/Human Resources Personnel-Related Issues
What is Administrative Law? Printer Friendly Version
The Civil Aviation Tribunal Process is quasi-judicial and an administrative review of the facts before the Courts. In this case the issue is the validity of the "diagnostic observations" and the nature of the "accredited medical conclusion" rebutted as random, knowingly tortious and therefore, injurious. under the terms of the Crown Liabilities Act. "Abuse of Process" and "wilful blindess" would also fall under the definition of "torts committed by the Crown". The CADENCE Vol. 22 has a set of articles dealing with these issues, backed by the "DCO Material" e-mail and the CHAP bring forwarded up the CIC Chain of Command on the attempt to appeal (in '02). The "Can-Says" are for the QB Action and have been in the Barrs' possession since mid'04.
Return to Top
In very broad and general terms, administrative law (Admin Law) is a branch of public law that concerns itself with the legal regulation of governmental power, particularly with respect to the state’s (and its institutions) relations with individual citizens.
Military Administrative Law
Return to Top
Because the Canadian Forces (CF) is highly regulated, military administrative law in the CF context usually examines the intricate balance between accomplishing the legitimate roles of the CF, as mandated by the government, and the proper scope of a CF member’s or DND employee’s individual autonomy. As part of a federal government institution, powers exercised by CF and DND authorities (derived from the National Defence Act (NDA) and its regulations, orders and directives), are subject to the Canadian Charter of Rights and Freedoms B, the Canadian Bill of Rights B, the Canadian Human Rights Act B, the Official Languages Act B, and numerous other rights – oriented legislation. Using the principles of admin law therefore, this examination normally involves scrutinizing procedural fairness issues in accordance with the tenets of natural justice, the rule of law, democratic values, and fundamental rights.
Who provides legal advice on Military Admin Law Issues?
Return to Top
Generally speaking, every AJAG and DJA Office in the CF provide legal advice on military admin law issues. However on issues that have CF – wide application and/or national policy development and implementation or interpretation, then the Directorate of Law/Human Resources in Ottawa provides the legal advice.
Deputy Judge Advocate General/Military Justice and Administrative Law
Return to Top
The Deputy Judge Advocate General/Military Justice and Administrative Law (DJAG/MJ&AL) is one of the two new DJAG positions created in 2005. DJAG/MJ&AL is responsible for providing DND and CF authorities with legal advice on military justice, personnel and administrative law issues. This is accomplished through the Directorate of Law/Military Justice Policy and Research (DLaw/MJP&R), the Directorate of Law/Human Resources (DLaw/HR), the new Directorate of Law/Administrative Law (DLaw/AL) and the Directorate of Law/Compensation and
http://www.dnd.ca/jag/admin_law/default_e.asp
10/2/2007
Military Administrative Law The "Statement of Defense Ethics" mentions using resources in the best interest of the Defense Mission.
Page 2 of 3
Benefits (DLaw/C&B). DLaw/MJP&R assists the JAG in carrying out his superintendence and review functions of the military justice system, and supports the production of the JAG’s Annual Report. The duties and responsibilities of DLaw/AL include giving advice with respect to administrative law matters, applications for redress of grievance, all types of administrative investigations including Boards of Inquiries, Canadian Forces Organizational Orders (CFOOs), Ministerial Organizational Orders (MOOs) and elections issues. DLaw/HR continues to advise DND officials and CF authorities on military personnel issues. And finally, DLaw/C&B is responsible to advise on compensation and benefits issues.
The 408 Experience resulted in the "loss" of a pilot due to useless "therapy" that was neither http://jag.dwan.dnd.ca/office/publications/annual_reports/2005annualreport_e.pdfat requested or consented to. page 82.
Return to Top The "Elwell" report Directorate of Law/Human Resources attempted to back the Our Mission: shrinks' position over the pilot's and sated that the Provide legal advisory services that support management of Military Human "therapy" was unsuccessful. Resources.
The TC Refs attempt to Legal Services: toss a civil career for the same reason... so that shrinks can be self-qualified DLaw/HR provides legal services to CF authorities in the specific areas of: Flight Surgeons (at my HR Advisory Services; z personal expense) and not Litigation Support (mostly under the Canadian Human Rights Act (CHRA); z be held culpable for their and Grievance Advisory Services z own mistakes, errors or omissions. The "Written Interrogatories" for the Barrs and FACS set the record straight for the TC Appeal Process.
Personnel-Related Issues
Return to Top
Although this list is not intended to be exhaustive, nor within the exclusive domain of DLaw/HR, the following areas are often reviewed for legal advice. z
z z z z z z z z z z z z z z z z z z z z
Administrative Reviews: This would be the errors in the "Bland" Review procedural errors { The "Consent Order" was a no-win proposition from Day #1 duty of fairness { exercise of discretion { FACS has no jurisdiction in Aeronautics matters jurisdiction { Canadian Charter of Rights and Freedoms See the Charter's s. 6.2(b) and "Abuse of Process" Issues Canadian Human Rights Act Career Review The CFAOs cover the administrative nature of the CAT Review & QB Action "Statement of Defense" CFAOs Conflict of Interest The "Shell Game in Play" e-mail is current to QB 0503 19251 Counseling & Probation / Recorded Warning Career Review The constitutionality of the "Singh" Report is under review (for "overvalued Constitutionality ideas about his belief systems") and the CIC/medical issues being neglected. DAODs DAODs reference the married CIC Officers via "CADENCE Vol 22" Delegation of Authority You need to be a CAME for this (by definition). Employment Policies Enrolment Harassment The CHAP is the CIC's Harassment & Grievance Reporting Chain (for the Barrs) Grievance Legislation (Other) - NDA, CFSA, Pension Act, Official Languages, etc. QR&O’s QR&O 21.19 & 21.21 covers "when a Claim Against the Crown Promissory Notes seems likely" (as of 15 Aug '02) Releases Reserves 408, 533 (& 418 Sqn) are all "Reserves" Universality of Service Young Offenders
http://www.dnd.ca/jag/admin_law/default_e.asp
10/2/2007
Military Administrative Law
Updated: 2002-11-30
http://www.dnd.ca/jag/admin_law/default_e.asp
Page 3 of 3
Important Notices
10/2/2007
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