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
Chris Madsen teaches in the Department of History at the University of Calgary.
Introduction: Military Law in Canada 1 Modest Beginnings 2 In Defence of Empire 3 Coming of Age 4 Total War 5 Under the National Defence Act 6 A Gradual Slide Conclusion: Beyond Somalia Appendices Notes Bibliography Index