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I. THE DEVELOPMENT OF CANADA'S MILITARY JUSTICE SYSTEM TO 1950
It has been suggested that "the procedures for disciplining the military forces of a nation are a direct reflection of the society that the forces were created to defend."' To the extent that this hypothesis may be considered valid, one might expect the study of the evolution of military law not only to explain the rationale for the creation of a Code of Service Discipline, and its various provisions, but to also reveal something about the particular society concerned-its origins, traditions, experiences of war and legal history.
There are many factors which served to influence and shape the development of Canadian military law. This article is not an exhaustive analysis of the subject but a general discussion of the major turning points in the evolution of Canada's military justice system, including the passage, in 1950, of the National Defence Act,2 which created one Code of Service Discipline applicable to Canada's then existing three armed services and the subsequent evolution of that Code.
The Code of Service Discipline, which is currently embodied in Part III of the National Defence Act, is the statutory basis for Canada's military justice system and sets out its main components. Further amplification is contained in the Queen's Regulations and Orders for the Canadian Forces (QR&O), which are regulations made by the Governor in Council (the Canadian Cabinet) and the Minister of National Defence, as well as in orders issued by the Chief of the Defence Staff.
Given Canada's historic experiences and status as a former British colony, it may not be surprising to discover that, like so many of Canada's public institutions, the Canadian Forces' Code of Service Discipline has clearly defined English roots. Indeed, it has been suggested that the early history of the Canadian military justice system is, in effect, the history of British military law.3 The proposition is not without some merit given the pre-eminent role played by Britain in the defence of Canada in the period immediately prior to the Confederation of provinces, which, in 1867, gave birth to the modern Canadian nation state.4
In fact, until 1868 British forces comprised the only regular armed force in the Dominion of Canada.5 As a matter of furthering...