This week, we’re hitting the front lines and speaking with military lawyer, Colonel-Maitre Michel Drapeau about the legal issues facing members of the Canadian Armed Forces.
Topics: independence of military judges; summary trials; sexual assault in the military; and our Ask-Me-Anything segment.
Full Episode (53:02) Download
⚫ What are the legal concerns about the independence (or lack thereof) of the military judiciary? (6:04)
⚫ What are the proposed changes between the disciplinary summary trial process for the armed forces (16:34)
⚫ What legal approaches are available and required to meaningfully address sexual assault in the military? (24:55)
⚫ Our Ask-Me-Anything segment, featuring five questions submitted by patrons of the Lawyered community
? How does the military justice system consider mental health issues (particularly PTSD) when applicable to military justice? (35:47)
? How does military justice in “real life” differ from how it operates in movies / TV shows (e.g. All the President’s Men, JAG, etc) (38:04)
? What are some of the legal issues that are engaged in friendly fire incidents? (40:26)
? In combat zones, where legality can often be blurred, how do lawyers review small unit actions? (43:00)
? What are some things that lawyers can do to positively impact the culture of the military justice system? (45:06)
1. Independence of Military Judges (13:42) Download
– “Military justice system at crossroads as court hears case on judges’ independence”, Jan 28, 2021 (CBC News)
2. Bill C-77: Summary Trials vs. Court Martials (11:35) Download
– Bill C-77: An Act to amend the National Defence Act and to make related and consequential amendments to other Acts
3. Addressing Sexual Assault in the Military (13:10) Download
– External Review into Sexual Misconduct and Sexual Harassment in the Canadian Armed Forces, Mar 27, 2015 (Hon. Marie Deschamps)
4. Ask-Me-Anything: Military Lawyer (18:48) Download
? How does the military justice system consider mental health issues (particularly PTSD) when applicable to military justice?
? How does military justice in “real life” differ from how it operates in movies / TV shows (e.g. All the President’s Men, JAG, etc)
? How does politics impact the work of a refugee/immigration lawyer?
? What are some of the legal issues that are engaged in friendly fire incidents?
? In combat zones, where legality can often be blurred, how do lawyers review small unit actions?
? What are some things that lawyers can do to positively impact the culture of the military justice system?
About the Guest:
Colonel-Maitre Michel W. Drapeau served for 34 years with the Canadian Armed Forces. He retired as the Executive Secretary for National Defence Headquarters in 1993. He ran for office during the 1997 General Election. He completed his law studies at the Faculty of Law, Ottawa University in 2000. He articled at the Federal Court of Appeal in 2001 and in 2002, he established the first private law firm to practice in military law in Canada.
Since then Michel Drapeau Law Office has been serving the military and police communities, civilians, as well as veterans and military families dealing with various matters including administrative conflicts, release from service, complaints, and litigation. He was appointed as Adjunct Professor and has taught military law at the University of Ottawa. Together with retired Justice Gilles Letourneau, he has authored five (5) legal texts on Military Law.
In 2020, he was selected by the Ontario Bar Association to receive the Distinguished Service Award for his career contributions to the legal profession.
Michel’s Bio
Michel’s E-Mail Address