Special Issue of the Canadian Bar Review on Military Law

The Canadian Bar Review – Revue du Barreau canadien of the Canadian Bar Association has recently published on its website a special issue on military law. As put by the publication: “The articles in this special issue devoted to military law – broadly defined – bring to the fore issues which are sometimes neglected in mainstream legal writing, but which have implications for a variety of legal fields.”

Amongst the authors are Rory Fowler, former military lawyer, contributor, and co-editor to this blog, and Afton David, senior legal counsel at Chantier Davie Canada Inc., and a reservist with the Cameron Highlanders of Ottawa. In their text “R v Edwards and Independence of Canadian Military Judiciary: A Judgment that Leaves Us Wanting More” they offer a different perspective on the Supreme Court of Canada decision in R v Edwards, 2024 SCC 15 (CanLII). They essentially argue that “as long as military judges are subject to the Code of Service Discipline, they remain subordinate to the executive in a manner which is inconsistent with the [Canadian] Charter [of Rights and Freedoms]”.

Also amongst the authors is Michel W Drapeau, another contributor to this blog. In his text “Soldiers’ Grievances: A Morale and Leadership Barometer”, he essentially explains that the Canadian Armed Forces (CAF) is working to address a significant backlog in grievance resolution, potentially marking a shift in their approach to handling these issues.

As another faithful servant of the cause of justice for service members, I also contribute to the issue. In “Pour une association professionnelle de défense des droits des militaires au Canada”, I advocate for recognizing the right of CAF members to join a union-type professional association, without granting the right to collective bargaining or the right to strike. Using comparative law, I argue that CAF regulations, having currently the effect of prohibiting such association, infringe the right of association of section 2(d) of the Canadian Charter of Rights and Freedoms and cannot be justified in a free and democratic society.