Another Kind of Justice: Canadian Military Law from Confederation to Somalia

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UBC Press, Nov 1, 2011 - History - 248 pages

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.

 

Contents

Military Law in Canada
3
1 Modest Beginnings
9
2 In Defence of Empire
30
3 Coming of Age
56
4 Total War
76
5 Under the National Defence Act
95
6 A Gradual Slide
122
Beyond Somalia
151
Appendices
163
Notes
166
Bibliography
195
Index
221
Copyright

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About the author (2011)

Chris Madsen teaches in the Department of History at the University of Calgary.

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