Another Kind of Justice
Canadian Military Law from Confederation to Somalia
Another Kind of Justice is the first historical survey of Canadian military law, providing insights into military justice in Canada, the purpose of military law, and the level of legal professionalism within the Canadian military.
Drawing on a wide range of materials, Chris Madsen traces the development of military law from 1867 to 1997. After delving into the British roots of Canadian military law, he brings his discussion up to date with analysis of recent sexual discrimination cases and the Somalia inquiry. He explains how the law has served a strictly functional purpose in maintaining discipline, and demonstrates how it claims its legitimacy and distinct status in relation to civil law. It becomes clear that military law has responded to pragmatic needs in a reactive rather than a planned manner.
Another Kind of Justice describes the statutes and regulations that govern Canada's armed forces, the institutions responsible for overseeing military law, and how knowledge about military law is disseminated. Madsen concludes that longstanding organizational problems and training deficiencies bear some of the responsibility for the unfortunate behaviour of Canadian soldiers in Somalia.
Madsen’s able study should be read by the defence minister, the chief of the defence staff, and especially by the Judge Advocate General at National Defence Headquarters.
Introduction: Military Law in Canada
1 Modest Beginnings
2 In Defence of Empire
3 Coming of Age
4 Total War
5 Under the National Defence Act
6 A Gradual Slide
Conclusion: Beyond Somalia
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