Fonds 2002/23; 111.6 (D3) - Office of the Judge Advocate General fonds

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Office of the Judge Advocate General fonds

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Fonds

Reference code

CA ON00093 2002/23; 111.6 (D3)

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  • 1940-1947, 2002 (Creation)

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Physical description

2.47 m of textual records

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Administrative history

The establishment of the Office of the Judge Advocate General (Army) was authorized by the Canadian Expeditionary Force Routine Order No. 327 in 1911. It consisted of the Judge Advocate General, the President of the Pensions and Claims Board, an Executive Officer, a Secretary and a Chief Clerk. In 1917, following the passing of the National Defence Act, the Office of the Judge Advocate General became part of the Department of National Defence. Its terms of reference were to supervise and control the administration of Naval, Army and Air Force Law, to advise on all matters leading up to the convening of Courts Martial and the review of proceedings, to deal with the recording of proceedings of Courts Martial and their final disposition, to assist the Minister in the formulation of any advice it may be necessary to give the Governor in Council with regard to the proceedings of General Courts Martial, to advise on and perform certain duties in relation to matters of a legal nature within the Department of National Defence and to revise and amend the Naval, Military and Air Force Law and regulations, when and as required to do so. The Judge Advocate General was also legal advisor to the Defence Research Board following its creation in 1947. The JAG reported to the Deputy Minister and had three Deputies, one Naval, one Army and one Air Force officer. In the 1950s, the office of the JAG was divided by the following functional aspects: international and general, legislation, special projects, claims, pensions, real property, patents and inventions, courts martial, and estates and administration. Representatives of the JAG in the field could be legal officers of any of the three Services and served all three Services in the area to which they are assigned. The Assistant Judge Advocates General in the field were effectively legal advisers of the local Flag Officers, General Officers Commanding or Air Officers Commanding in their respective areas. In addition to the Assistant Judge Advocates General for regions within Canada (Pacific, Prairie, Central, Eastern and Atlantic), there existed a Senior Legal Advisor Europe (SLEA). In 1958, eight naval, 38 army and 35 air force legal officers were employed on the staff of the JAG and staffs of service headquarters and commands. In the early-1960s, there were 46 positions for lawyers on the establishment of the JAG's office and 23 legal positions on service establishments. Until 1998 or 1999, the JAG's functions remained essentially unchanged. However, at that time, the function of Department of National Defence (DND) and Canadian Forces (CF) Legal Advisor (LA) was created. The DND/CF LA is a unit of the Department of Justice that provides legal advice to the Department and Forces on matters other than military law and the military justice system, in accordance with the Department of Justice Act. The JAG remains responsible for matters involving military legal components.

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Scope and content

Fonds consist of material that gives an overview of the Statute of the International Criminal Court (ICC) at The Hague and the United States concerns’ with the institution. Includes extracts of Courts Martial information and miscellaneous indexes to Courts Martial Records from 1940-1947. Also contains a collection of warrants from the Second World War authorizing Senior Commanding Officers to convene Courts Martial and other relevant documents concerning discipline. There are three series:
1. Overview of Statute of the International Criminal Court (ICC)
2. Court Martial Information, 1940-1947 (111.6 (D3))
3. Warrants Authorizing Courts Martial

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Physical condition

Immediate source of acquisition

Series 1 was received from the Judge Advocate General 3 September 2002. The immediate source of acquisition for Series 2 and Series 3 are unknown.

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  • English

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Restrictions on access

Unclassified

Terms governing use, reproduction, and publication

None

Finding aids

Copies of the finding aid are located in the first file of the fonds and in the Reading Room at the Directorate of History and Heritage. Electronic copies are also available.

Associated materials

The following related material can be found in the Document Collection:
88/35 -- Office of the Judge Advocate General Senior Legal Advisor Europe fonds
Related material can be found in the Kardex Collection under the heading "J.A.G."
Associated material can be found at Library and Archives Canada in the Department of National Defence fonds, the Judge Advocate General series. The reference number is R112-380-5-E (formerly RG24-B-9).

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