Military Administrative Law
For assistance with your military administrative law enquiry, please contact Rory Fowler at firstname.lastname@example.org or 613-546-8066.
As an extension of the executive branch of the federal government, the Canadian Forces are governed by complex and comprehensive legislative and policy regimes within the area of public and administrative law. The officers and non-commissioned members (NCM) of the Canadian Forces have a unique and direct relationship with the Crown, and this so-called Crown-soldier relationship presents unique challenges for those officers and NCM who have complaints, grievances or other disputes arising from or within their military service. The principles of public and administrative law that govern this relationship are distinct from more traditional labour law regimes.
Aside from courts martial, the Canadian Forces do not typically provide legal representation to individual members affected by statutory decision-making. However, these decisions can have significant and sometimes irreversible impact on the affected members. Legal advice – and, where necessary, legal representation – from a skilled advocate with comprehensive knowledge of the relevant laws and policies can provide the affected members with the advantage they need to present their case to the appropriate decision-maker, and obtain the best possible result.
Cunningham Swan is fortunate to have a leader in the field of military administrative law, and can provide legal support and representation in such matters as:
- Compensation and benefits under the National Defence Act
- Benefits under the Canadian Forces Superannuation Act
- Grievances, Military Police complaints and other complaints processes
- Judicial Review of decisions by statutory decision-makers in the Canadian Forces or whose decisions affect veterans or members of the Canadian Forces (including determinations by the Veterans Review and Appeal Board under the Pension Act and Canadian Forces Member and Veterans Re-establishment and Compensation Act (Veterans’ Charter))
- Application of the Queen’s Regulations and Orders for the Canadian Forces (QR&O), Defence Administrative Orders and Directives (DAOD), and related Canadian Forces Orders and Directives
- Boards of Inquiry, Summary Investigations and other administrative investigations
- Charter rights and human rights relating to members of the Canadian Forces, including complaints to the Canadian Human Rights Commission and Tribunal
- The application of other federal, and provincial, laws to officers and NCM of the Canadian Forces
- General administrative or litigation matters involving CF members