Canadian Military Law

Since 2002, our law firm has provided a range of specialized (bilingual) expertise to a wide ranging military and civilian clientele including:

  • CF members (covering the near totality of the CF rank spectrum)
    • Regular Force including Royal Military College (RMC/CMR) cadets and CF recruits
    • Reserve Force including members of the Cadets Instructor Cadre (CIC)
    • CFSA annuitants
  • Veterans
  • DND civilian employees
  • Non-Public Funds (NPF) employees
  • Members of military families
  • Businesses, including insurance companies
  • Military Attachés serving in Canada

General

Military law is the substantive body of law which defines the rights, authority, obligations and duties of the Canadian Forces (CF) and Department of National Defence (DND), its members and civil servants. It incorporates a number of distinct military aspects of established substantive bodies of law practiced by civilians such as tort law, administrative law, intellectual property, employment, and international law, etc.

Two areas do not exist outside the substantive area of Military Law: the Military Justice System and Operational Law which governs the conduct of military operations. Besides the
Law of Armed Conflict which includes but is not limited to the Hague Rules as well as the four Geneva Conventions and Additional Protocols, the core of military law includes the
National Defence Act including the Code of Service Discipline, the
Queen’s Regulations and Orders and the Canadian Forces Superannuation Act.

PART 1 – SERVICES OFFERED TO MEMBERS OF THE DND/CF COMMUNITY

Michel Drapeau Law Office provides Military Law Expertise: in a range of matters including:

  • Accommodation in the workplace,
  • Affidavits and statutory declarations,
  • Alternate dispute resolution,
  • Appeals of Court Martial decisions etc.,
  • Application for judicial review before the Federal Court of Canada of an administrative decision,
  • Application for welfare and compassionate funding,
  • Boards of inquiry, particularly following the sudden death of a CF member,
  • Breaches to the DND/CF Code of Ethics,
  • CF benefits,
  • Career administrative reviews,
  • Certificate of Independent Legal Advice,
  • Claims against the Crown and Ex Gratia payments (DAOD – 7004-0),
  • Complaints against the Military Police,
  • Conflicts of interest,
  • Crimes against the person,
  • Discipline (advice on summary trials,
  • Disclosure of wrong doings in the workplace,
  • Enrolment,
  • Expert legal opinion, within the context of personal injury litigation, on automobile accident claims by CF members,
  • Grievances either under the CF Grievance Process or the Public Service of Canada,
  • Harassment complaints,
  • Human rights complaints,
  • Investigations by the Military Police and/or the National Investigation Service (NIS),
  • Medical employment limitations,
  • Pardons,
  • Pay and allowances matters, annuities,
  • Postings,
  • Protection of privacy and personal information,
  • Releases (medical or disciplinary) and while serving under a period of obligatory service,
  • Removal from command,
  • Removal from training courses,
  • Special investigations and inquiries and
  • Wills.

PART II – SERVICES AND LEGAL ASSISTANCE TO MILITARY FAMILIES

Parent, spouse, child or relative of a CF member or a Veteran.

The legal complexities of our modern society make our world an especially intimidating place at times, adding stress to our lives. This can be made even more difficult if you are a member of a military family and you are faced with a problem which is caused by the unique nature and lifestyle of the military.

Michel Drapeau Law Office (MDLO) has experience acting and representing military families for a variety of matters. MDLO can help you as well as provide reassurance, support, referrals to various national or local resources and act on your behalf. We offer confidential, personal, bilingual legal services.

You can contact our offices on a toll-free basis at 1 866 263-1607. In addition to the services listed above, we can also provide legal services aimed specifically at a family or relatives of a CF member, for example, answering questions about military law in general or representation before a military Board of Inquiry to investigate the sudden death of their spouse or son/daughter during their military service.