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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.
http://www.dnd.ca/jag/admin_law/default_e.asp
Page 1 of 3
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Military Administrative Law
z What is Administrative Law?
z Military Administrative Law
z Who provides legal advice on Military Admin Law Issues?
z Office of the Deputy Judge Advocate General/Military Justice and
Administrative Law
z Directorate of Law/Human Resources
z Personnel-Related Issues
What is Administrative Law? 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 Return to Top
Law Issues?
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 Return to Top
Justice and Administrative Law
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
10/2/2007
 Military Administrative Law Page 2 of 3

The "Statement of Defense Benefits (DLaw/C&B). DLaw/MJP&R assists the JAG in carrying out his
Ethics" mentions using superintendence and review functions of the military justice system, and supports
the production of the JAG’s Annual Report. The duties and responsibilities of
resources in the best DLaw/AL include giving advice with respect to administrative law matters,
interest of the Defense applications for redress of grievance, all types of administrative investigations
Mission. including Boards of Inquiries, Canadian Forces Organizational Orders (CFOOs),
Ministerial Organizational Orders (MOOs) and elections issues. DLaw/HR continues
The 408 Experience to advise DND officials and CF authorities on military personnel issues. And finally,
resulted in the "loss" of a DLaw/C&B is responsible to advise on compensation and benefits issues.
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.

The "Elwell" report Directorate of Law/Human Resources Return to Top

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
personal expense) and not z HR Advisory Services;
be held culpable for their z Litigation Support (mostly under the Canadian Human Rights Act (CHRA);
own mistakes, errors or z and Grievance Advisory Services
omissions.

The "Written Personnel-Related Issues Return to Top

Interrogatories" for the
Barrs and FACS set the
record straight for the TC
Appeal Process.
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 Administrative Reviews: This would be the errors in the "Bland" Review
{ procedural errors
{ duty of fairness The "Consent Order" was a no-win proposition from Day #1
{ exercise of discretion
FACS has no jurisdiction in Aeronautics matters
{ jurisdiction
z Canadian Charter of Rights and Freedoms See the Charter's s. 6.2(b)
z Canadian Human Rights Act and "Abuse of Process" Issues
z Career Review The CFAOs cover the administrative nature of the CAT Review & QB
z CFAOs Action "Statement of Defense"
z Conflict of Interest The "Shell Game in Play" e-mail is current to QB 0503 19251
z Counseling & Probation / Recorded Warning
z Career Review The constitutionality of the "Singh" Report is under review (for "overvalued
z Constitutionality ideas about his belief systems") and the CIC/medical issues being neglected.
z DAODs DAODs reference the married CIC Officers via "CADENCE Vol 22"
z Delegation of Authority You need to be a CAME for this (by definition).
z Employment Policies Enrolment
z Harassment
The CHAP is the CIC's Harassment & Grievance Reporting Chain (for the Barrs)
z Grievance
z Legislation (Other) - NDA, CFSA, Pension Act, Official Languages, etc.
z QR&O’s
QR&O 21.19 & 21.21 covers "when a Claim Against the Crown
z Promissory Notes seems likely" (as of 15 Aug '02)
z Releases
z Reserves 408, 533 (& 418 Sqn) are all "Reserves"
z Universality of Service
z Young Offenders

http://www.dnd.ca/jag/admin_law/default_e.asp 10/2/2007
Military Administrative Law Page 3 of 3

Updated: 2002-11-30 Important Notices

http://www.dnd.ca/jag/admin_law/default_e.asp 10/2/2007