The Judge Advocate General is statutorily responsible to the
Minister of National Defence (MND) for a mélange of functions. This includes: 1.
the provision of legal advice to the Governor General, the MND, the Associate
MND, the Department of National Defence (DND), and the Canadian Forces (CF) in
matters relating to military law; 2. the defence and prosecution functions of
the military justice system; as well as, pursuant to Section 9.2 of the National Defence Act, 3. the superintendence
of the administration of the military justice system, and 4. the conduct of
regular reviews of the administration of military justice.
Superintendence
The role of superintending the military justice system
requires the JAG to: 1. Control the provision of legal advice and services to
the military justice system; 2. Ensure the efficient planning, organization,
staffing, directing, and administering of the courts martial and summary trial
processes; 3. Provide qualified legal officers to act as prosecutors and defending
officers at courts martials.
The JAG also has the responsibility of selecting who, when and
how periodic reviews of the administration of military justice will be conducted. This provides him with a measure of
authority and control over the evolution of the military justice system and a
certain influence.
However, at present, it appears that the JAG lacks the
requisite ‘independence’ from other branches of governments to perform these
functions. He reports to a political minister. His advisory function requires
him to be loyal and partisan to the interests of both DND and the CFs as an institution as well as the chain of
command.
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