Military Administrative Law :::  

What is Administrative Law?

In very broad and general terms, administrative law (Admin Law) is a branch of public law focused on the legal regulation of governmental power, particularly with respect to the state’s (and its institutions) relations with individual citizens.

The Deputy Judge Advocate General/Military Justice and Administrative Law (DJAG/MJ&AL) is responsible for providing DND and CF authorities with legal support in relation to military justice, military administrative law, compensation and benefits and other military personnel matters.

Currently, the DJAG/MJ&AL division comprises the Directorate of Law/Military Justice Policy and Research (DLaw/MJP&R), the Directorate of Law/Military Personnel, the Directorate of Law/Administrative Law, and the Directorate of Law/Compensation, Benefits, Pensions and Estates.

Through DLaw/MJP&R, DJAG/MJ&AL develops and advises the JAG on military justice policy matters, collects and maintains information and statistics related to the military justice system, and provides advice to the Canadian Forces Provost Marshal in relation to professional standards and military police policies and doctrine.

Military Administrative Law

Administrative decision-making pervades every aspect of the CF, from the ministerial level to the commanding officer. The purpose of military administrative law is to ensure that the decisions affecting CF members are made fairly by those who have the legal authority to do so.

The legal authority of CF decision-makers is derived largely from the National Defence Act (NDA), and its accompanying regulations, orders and directives.  Any exercise of power by CF authorities is also subject to the Canadian Charter of Rights and Freedoms, the Canadian Bill of Rights, the Canadian Human Rights Act, the Official Languages Act, and numerous other rights – oriented legislation. In addition, administrative decisions affecting CF members must be made in accordance with the rule of law and in keeping with the principles of procedural fairness and natural justice.

Deputy Judge Advocate General/Military Justice and Administrative Law

The Deputy Judge Advocate General/Military Justice and Administrative Law (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/Military Personnel (DLaw/Mil Pers), the Directorate of Law/Administrative Law (DLaw/Admin Law) and the Directorate of Law/Compensation, Benefits, Pensions and Estates (DLaw/CBP&E).

Directorate of Law/ Military Personnel

The Directorate of Law/ Military Personnel (DLaw/ Mil Pers) provides legal advice on the development and application of personnel policies and orders that impact CF members. Legal Officers in DLaw/Mil Pers play an important role in the modernization of military personnel policies, ensuring that the principles of administrative law are taken into account and that proposed policies comply with the legislative framework applicable to the CF. They also provide advice regarding the potential impact of new policies on the existing policy framework governing the administration of the CF. DLaw/ Mil Pers also provides legal advice on the application of existing personnel policies and orders in areas such as recruiting, promotion, administrative reviews for conduct or performance deficiencies and release.

Directorate of Law/ Administrative Law

The Directorate of Law/Administrative Law (D Law/Admin Law) advises the Director General Canadian Forces Grievance Authority (DGCFGA) and the Chief of Defence Staff (CDS) on matters relating to applications for redress of grievance.  This includes briefing DGCFGA and its staff at training sessions.

D Law/Admin Law is also responsible for instructing Department of Justice counsel in applications for judicial review of CDS and DGCFGA decisions.

D Law/Admin Law coordinates with the DND/CF Legal Advisor, Director Claims and Civil Litigation (DCCL) concerning grievances that have claims implications.

The Directorate advises and assists in the preparation of amendments to Ministerial Organization Orders (MOOs) and Canadian Forces Organizational Orders (CFOOs).

D Law/Admin Law also advises the Administrative Investigation Support Centre (AISC) on Boards of Inquiry (BOI) and Summary Investigations (SIs).  The AISC provides support, advice and guidance to all personnel involved in the BOI and SI processes.  In addition, the AISC conducts just-in-time training sessions on the conduct of BOI for BOI members and advisors.  As legal advisor to the AISC, DLaw/Admin Law is also the key point of contact for all legal officers designated to be legal advisers to BOI.

The Directorate is involved in the training of CF legal officers on BOI/SI issues in conjunction with the Canadian Forces Military Law Centre in Kingston, Ontario, through the Military Administrative Law course and the BOI advanced course.

Directorate of Law/ Compensation, Benefits, Pensions and Estates

The Directorate of Law/Compensation, Benefits, Pensions and Estates (DLaw/CBP&E) provides legal advice to NDHQ authorities on legislation, regulations and policies relating to financial and pension matters.  This legal advice is provided mainly to:

• the Director General Compensation and Benefits on all aspects of compensation and benefits for CF members, including:  policy development, the drafting of regulatory instruments and submissions to the Treasury Board, the administration of compensation and benefits, and the adjudication of financial-related grievances submitted by CF members
• the Director Canadian Forces Pension Services and the Director Military Pay and Accounts Processing on the application of acts other than the National Defence Act to current and former CF members, specifically the Canadian Forces Superannuation Act, the Garnishment, Attachment and Pension Diversion Act and the Pension Benefits Division Act

The Estates and Elections section of DLaw/CBP&E administers the pay, allowances, gratuities, etc, and personal property that comprise the service estate of deceased CF members.  We also administer the voting of CF members under the Special Voting Rules in Part II of the Canada Elections Act during federal general elections and provide a general advisory service in the form of CANELECTGENs for all provincial general elections.