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.
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.
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.
The Office of the JAG was re-organized in 2001 to include the position of Deputy Judge Advocate General/Human Resources (DJAG/HR). The DJAG/HR is responsible for providing DND officials and CF members with legal advice on military personnel issues through the Directorate of Law/Human Resources (DLaw/HR). Through the Directorate of Law/Training (DLaw/T), DJAG/HR is also responsible for developing and delivering military justice training, in particular the certification course for presiding officers. The newly established Office of Military Legal Education at RMC is also within the scope of responsibility of DJAG/HR.
Click here for the Office of the JAG organizational chart. C
Our Mission:
Provide legal advisory services that support management of Military Human Resources.
Legal Services:
DLaw/HR provides legal services to CF authorities in the specific areas of:
- HR Advisory Services;
- Litigation Support (mostly under the Canadian Human Rights Act (CHRA);
- and Grievance Advisory Services
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.
- Administrative Reviews:
- procedural errors
- duty of fairness
- exercise of discretion
- jurisdiction
- Canadian Charter of Rights and Freedoms
- Canadian Human Rights Act
- Career Review
- CFAOs
- Conflict of Interest
- Counseling & Probation / Recorded Warning
- Career Review
- Constitutionality
- DAODs
- Delegation of Authority
- Employment Policies Enrolment
- Harassment
- Grievance
- Legislation (Other) - NDA, CFSA, Pension Act, Official Languages, etc.
- QR&O;’s
- Promissory Notes
- Releases
- Reserves
- Universality of Service
- Young Offenders
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