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Book Reviews 201 successful linking of RCN modernization plans with Canada's political and economic climate. In sum, Milner has crafted a fine piece ofnarrative history with few discernible flaws. Acronym-speak occasionally creeps into the text, and Milner readily admits that he cannot provide a complete analysis of several key events in the history ofthe RCN. But these are minor blemishes that do not detract from the overall quality of the book. Canada's Navy provides the first comprehensive overview of the entire history of the RCN and should establish itself as the starting point for the study of Canada's rich naval tradition during the twentieth century. MICHAEL D. STEVENSON Department of Foreign Affairs and International Trade Another Kind of Justice: Canadian Military Law from Confederation to Somalia. CHRIS MADSEN. Vancouver: UBC Press 1999ยท Pp. 264. $75.00 cloth, $25.95 paper Another Kind ofJustice, by Chris Madsen, is a thoroughly researched study of the historical development and administration of Canadian military faw. Madsen identifies the nineteenth-century origins of Canadian military law in its British counterpart and suggests that, for the next 130 years, a system of military justice emerged in Canada not in a deliberate and well-planned manner, but reactively in response to 'practical needs and matters ofexpedience.' He relates this development to Anglo-Canadian relations and Canadian involvement in the South African War, both world wars, Korea, NATO, and United Nations operations . The story is not told with a narrow focus on the law itself, but with reference to the administrative structures responsible for implementing the law and educating members ofthe Canadian military about their legal rights and responsibilities. The first chapter recognizes early British influence on military law in Canada, as it applied to the nineteenth-century Canadian militia. Reforms to British military law are reviewed, and the linkage between these laws and the maintenance of discipline is established. With a brief account of the 1885 North-West Rebellion, Madsen demonstrates how military law applied to the Canadian militia in the field. In these early years, British instructors and 'texts' were used, although instruction was tailored to address the Canadian Militia Act and the Militia Regulations and Orders. Chapters two and three outline the 'Canadianisation' ofmilitary law, in the aftermath of the South African War through to 1939. The Militia 202 The Canadian Historical Review Act of1904 is seen as a key statute contributing to 'Canadianisation,' but Madsen suggests that British influence remained important. British regulations continued to apply to Canadian service personnel, and the interchangeability of British and Canadian officers at courts martial typified the dose coordination in implementation of these regulations. The creation of a Canadian judge advocate general (JAG) was an important step in the establishment of a Canadian administration to oversee military justice. Uoder the stewardship ofBrigadier Reginald John Orde, a central figure in the development of Canadian military law, the JAG had, by 1939; assumed responsibility for legal activities and the conduct of courts martial in the navy, air force, and army. Moreover, the JAG office expanded to provide instruction in military law for officers charged with overseeing its administration. Because the Canadian Forces still relied on British statutes for military discipline, British proposals for military law reform in the years before the Second World War are surveyed. During this war, the Canadian armed services continued to rely on British manuals and modifications to British law for Canadian disciplinary codes; however, the Canadian JAG and his overseas deputies oversaw the administration of Canadian military justice. Officers in the army and navy, in particular, continued to work closely with their British counterparts. The JAG office expanded to meet an increased workload and faced new challenges, including participation in war crimes trials. Madsen raises key issues and questions as he addresses these early Canadian efforts to try Nazi war criminals. By 1950 the National Defence Act had replaced seven British and Canadian statutes that previously governed the Canadian armed services. It also incorporated a common disciplinary code for army, navy, and air force. Madsen identifies a consequent decrease in the number ofcourts martial and increased use of summary punishments, a trend with significant implications in later years as the Canadian...

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Additional Information

ISSN
1710-1093
Print ISSN
0008-3755
Pages
pp. 201-203
Launched on MUSE
2016-04-06
Open Access
No
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