Michel Drapeau Law Office
192 somerset street west K2P 0J4 Ottawa, ON, Canada

2021 fallen stars 4 stars - Vance, McDonald 3 stars - Edmundson, Coats 2 stars - Fortin... Total fallen stars: 16 Did we miss anyone?

Good piece of journalism by David Pugliese. As the most senior officer of the Regiment - then and now - I strongly suspect that LGen Eyre would have been made well aware of this activity taken by his senior regimental colleagues. I would be surprised and disappointed to learn the contrary since this would indicate a certain detachment and isolation from the Regiment per se. If I am right then LGen Eyre would have likely not only be aware but would probably have gone along with the decision if not endorsing it altogether. Whichever way, it would be difficult for him to distance himself from it at this time. https://www.saltwire.com//defence-chief-was-top-officer-r/

One would have thought that after the conviction of Colonel RUSSELL WILLIAMS in 2010 (of the murders of two female victims, the sexual assault of many others and his trespassing in over 80 bedrooms of his neighbours) that CAF senior leaders would have been most vigilant and totally intolerant of any such behaviour and misconduct by members of the armed forces. If ever there were an absolute need to "clean up" the sexual misconduct in the military, this was the time. Yet, th...e CAF senior leadership failed miserably to the detriment of the hard earned reputation of the armed forces. Equally troubling is the fact that DND/CAF has YET to put into forces Bill C-77 - enacted in June 2019 - which at long last provides victims of crimes prosecuted under the military justice system with "Rights" available to all other individuals in Canada. at present these victims are shamelessly left to their own devices. https://www.cbc.ca//special-forces-commander-on-leave-1.60 See more

Will there be an end to Generals being publicly accused of sexual misconduct? Seems like they are dropping like flies. https://www.ctvnews.ca//maj-gen-dany-fortin-facing-histori

I have a sense that DND/CA does not care. Parliament enacted a law extending rights to military victims of crime in June 2019. Two years later the bill has not been put into force, and they are just now commencing a consultations process. The CAF are acting as if they are ABOVE THE LAW, yet and they want us to believe that they can be trusted with the investigation/prosecution of sexual assaults https://www.cbc.ca//department-defence-dnd-sexual-miscondu

Have read DND/CAF Directive in which the DM (Jody Thomas) acting CDS, (LGen Eyre), write inter alia: that they intend to appoint a Chief Professional Conduct and Culture at the Lieutenant-General level and a Deputy Chief at the ADM level. The Chief Professional Conduct and Culture primary duties will be " to lead institutional efforts to develop a professional conduct and culture framework that holistically tackles all types of harmful behaviour, unconscious biases, and systemic barriers.". Any clear-eye recruit, let alone an experienced warrior, will likely take this initiative as Operation Honour Part II a hyperbole long on promises and jargon devoid of genuine leadership. Deemed to failure again. See CBC News bulletin below. https://www.cbc.ca//military-racism-sexual-misconduct-vanc

National Post quotes Colonel Drapeau: "Minister does not hve the moral authority to stay in this role anymore." https://nationalpost.com//sajjans-most-difficult-mission-f

We do more that military law. We also do Wills (Power of Attorney) and Estates for our military and veterans clientele.

http://euromil.org/the-future-is-in-your-hands/

It truly pain me to realize the current military brass appear totally unable to deal with this crisis where our very own soldiers's safety, integrity and dignity is at risk in such a manner. Our Canadian youth who serve in the armed force can and should expect to be in a second-to-none environment permitting them to reach their potential and to serve with pride and commitment. Those CAF members who commit sexual assault should be seen and treated like Colonel Russell Williams - be prosecuted with the full force of the law. PERIOD. No if's or but's. Individuals who hold a Queen's COMMISSSION should be treated with much much more rigor and be sentenced accordingly because they would also have breached the trust confided into them by Her Majesty the Queen. https://www.cbc.ca//p/military-sexual-misconduct-1.5995295

""L'Oiseau bleu: Le départ". Un petit bijoux de livre. L'histoire (fiction) d'Annabelle, une Lieutenant, originaire d'Ottawa qui s'engage dans l'Armée canadienne en 1914 comme infirmière dans le Royal Canadian Medical Corps (RCMC). Faisant parties d'un contingent de 103 autres infirmières, elle part pour l'Angleterre après un court séjour à Valcartier. Elle relate son long séjour sur les plaines de Salisbury, Londres. Auteur: Yannick Beaudequin. "

Toth c. Sa Majesté. MISE À JOUR - janvier 2021 Madame la juge Kane de la Cour fédérale du Canada a rendu une ordonnance établissant un échéancier pour la soumission et le paiement des demandes de paiement restantes aux membres du groupe ou à leur succession en vertu de l'entente de règlement final approuvée. L'ordonnance approuve également les distributions de bienfaisance des résidus du fonds de règlement. ... Anciens Combattants Canada ( ACC ) doit recevoir toutes les demandes de paiement restantes en vertu de l'entente de règlement finale, avec tous les documents nécessaires, au plus tard le 1er février 2021. Toute demande de paiement au terme de l'entente de règlement finale qui est incomplète ou reçue après le 2 février 2021 par ACC sera refusée. Une copie de l'ordonnance émise par le juge Kane est disponible ci-dessous. Si vous êtes un membre du groupe ou représentez un membre du groupe ou sa succession qui est admissible à un paiement en vertu de l'entente de règlement finale et que vous éprouvez des difficultés à soumettre tous les documents nécessaires à Anciens Combattants Canada, nous vous invitons à communiquer avec nous comme avocats du groupe dès que possible. MICHEL DRAPEAU LAW OFFICE. 613 236-2657 extn 205

Toth V. Her Majesty the Queen. The Honourable Madame Justice Kane of the Federal Court of Canada has issued an Order establishing a timetable for the submission and payment of remaining claims for payment to Class Members or their estates under the approved Final Settlement Agreement. The Order also approves charitable distributions of settlement fund residue. Veterans Affairs Canada (VAC) must receive all remaining claims for payment under the Final Settlement Agreement,... with all necessary documentation, on or before 1 February 2021. Any claim for payment under the Final Settlement Agreement that is incomplete or received by VAC on or after 2 February 2021 will be denied. A copy of the Order issued by Justice Kane is available below. If you are a Class Member or represent a Class Member or their estate that is eligible for a payment under the Final Settlement Agreement and are experiencing difficulties submitting all necessary documentation to Veterans Affairs Canada, you should contact Class Counsel as soon as possible:

Why is DND buying foreign rations to feed our young cadets? ttps://www.hilltimes.com/2020/12/30/does-canada-first-apply-to-feeding-our-cadets/275325?mc_cid=c66d94cd9d&mc_eid=cf190c967a

Possible fallout from frivolous lawsuits in the USA. See article by the American Bar Association. https://www.americanbar.org//youraba/2020/1221/frivolous-/

2016 Interview with Daniel Lessard at TFO. Entrevue avec Danie Lessard à TFO en 2016https://www.tfo.org/fr/univers/carte-de-visite/100425818/michel-drapeau-ancien-militaire-et-avocat

Can President Trump be held responsible for the pardons issued to USA personnel who committed war crimes? https://globalmjreform.blogspot.com//pardons-and-war-crime

Our best wishes for the coming year.

THE INEFFICIENT CANADIAN COURT MARTIAL SYSTEM. Between 2012 and 2017, the Canadian court martial system conducted, on average, 63 trials per year. The four military judges each conducted on average 17 courts martial per year On average, 9-10 of these 17 trials would have been ones involving guilty pleas following by joint submissions as to the sentence, hence much-shortened trials. These numbers can be compared with an average of: 89 trials per year for judge advocates in t...he UK; 420 trials per year for judges in Ontario; and 431 trials per year for judges in Manitoba. These approximately 17 courts martial per military judge, per year, required of each judge on average 59 sitting days. This number can be compared with: 104 sitting days per year for judge advocates in the UK; and 119 sitting days per year for judges in Manitoba.. Assuming that travel was required for every court martial, this would add 34 travel days to the 59 sitting days, for a total of 93 ‘court martial attributable’ days per year, per military judge. It is evident that Canada’s court martial system is among the most judicially resource-intensive, even after taking account of its itinerant nature. See full 2017 JAG report at this link. There is an URGENT NEED to reform this most inefficient court system. https://www.canada.ca//ch-7-assessment-current-system.html

The Information Commissioner publishes a Special Report about the failure by the RCMP to assume their responsibilities under the access to information regime. It is not unusual for the RCMP to take a year or more to complete an ATIA request for documents. At present, a total of 1,155 complaints have been registered against the RCMP during the period 2017-2020. The RCMP has a current backlog of 3,688 outstanding requests. https://www.oic-ci.gc.ca//rep/access-issue-need-leadership

https://www.washingtonpost.com//west-point-cheating-cadets/

We;ll over 1,500 US lawyers and law professors are calling for ethics prove of lawyers who have made numerous claims of widespread election fraud in the USA. The letter said a group of election lawyers have made press statements about a widespread pattern of fraud by Democrats without any basis. Then in courtrooms, the lawyers abandon fraud assertions and make speculative claims that judges quickly dismiss. A license to practice law is not a license to lie to the public o...n behalf of a client, whether doing so endangers one individual or the entire body politic, the letter said. Lawyers who lie to advance the partisan interest of a politician or any client dishonor the constitutional system they’ve sworn to uphold, the legal profession and themselves. https://www.abajournal.com//hundreds-of-lawyers-call-for-e?

Colonel Drapeau comments on the appointment of retired Justice Fish of the Supreme Court of Canada to conduct the Independent Review of the National Defence Act. A welcome appointment. https://www.thestar.com//ottawa-launches-independent-revie

Colonel Drapeau commente aux nouvelles de TVA hier soir la Journée du souvenir. Voir au point14.20 https://tvagatineau.ca/bl/article/tva-18-h-11-novembre-2020

Colonel Drapeau comments on the CBC report that Military Police see an increase in reporting of alleged sex crimes involving young people as victims. See link: https://www.cbc.ca//military-sexual-abuse-children-canadia

https://ici.tou.tv/femmes-au-combat/S01E01?lectureauto=1

On Friday, Statistics Canada released a Report titled: Experiences of unwanted sexualized and discriminatory behaviours and sexual assault among students at Canadian military colleges, 2019. Among the findings are: One in seven female Canadian Military College students was sexually assaulted in the past 12 months Most CMC students chose not to intervene, seek help or take other action when they witnessed unwanted sexualized or discriminatory behaviours.... CMC is the principal source for the training of future senior leaders for the Canadian Armed Forces. https://www150.statcan.gc.ca//2020001/article/00011-eng.htm Things are not getting any better at the Royal Military College. Perhaps Parliament need to take a good hard look at the Auditor General Report on the CMCs.

A brilliant and exhaustive exposé titled "An Examination of How the Canadian Military's Legal System Respond to Sexual assault" written by Dr. Elaine Craig, Associate Professor, Schulich School of Law at Dalhousie University and Research Director, Canadian Center for Legal Innovation in Sexual Assault Response has recently been published in the Dalhousie Law Journal [2020 43.1 Dal L.J.]. https://globalmjreform.blogspot.com//how-canadian-military

http://www.45enord.ca/20//cours-martiales-rien-ne-va-plus/

Prosecution of war crimes against members of the Australian Armed Forces.https://globalmjreform.blogspot.com//prosecution-of-war-cr

https://globalmjreform.blogspot.com//canadas-court-martial See post on the Yale University - Global Military Justice Reform concerning recent decisions by the Deputy Chief Military Judge declaring court martials as lacking independence and impartiality with the result that court martials procedingss have now been stopped pending an appeal before the civilian Court Martial Appeal Court.

On November 18, 2020 the EUROPEAN ORGANISATION OF MILITARY ASSOCIATIONS (EUROMIL) sponsored a mostg informative panel discussion on the role of military assocations and trade unions in tackling discrimination in the armed forces. Worth a listen! https://www.youtube.com/watch

Me Michel Drapeau and Me Stéfanie Bédard of MDLO attended the Thomas Moore - Red Mass at the Ottawa Basilica on October 22, 2020. Bishop Terrance Prendergast, S.J and Bishop Damphouse presiding. The Red Mass is an annual ritual celebrated in the Catholic Church by all members of the legal profession marking the opening of the judicial year.

https://www.droit-inc.com/article27334--C-est-du-jamais-vu- Rien de va plus avec les cours martiales.

On November 18, 2020 the CAF issue a new directive on sexual misconduct. (DAOD 9005-1 Sexual Misconduct and Sexual Disorders.) the 'Definitions' section of the DAOD (Section 2) It took 30 pages to define the terms 'sexual misconduct' and 'workplace'. and to address the terms of "'complainant'", 'consent', 'respondent', 'sexual assault',Silly. The centrepiece of the directive is the broad definition of the term sexual misconduct which extends from off-colored jokes or sex...ist comments to sexual assaults (rape) which are grave and serious crimes against the person.. The French have an expression to characterize such a bureaucratic tendency noyer le poissson. In short, such a definition ‘banalizes’ or ‘trivialize the real issue facing the Canadian military, namely continued presence of sexual assaults in its ranks, including in the elite Royal Military College). https://www.canada.ca//9005-1-sexual-misconduct-response.h See more

Un mot de bienvenue à Me Stéfanie Bédard à la pratique du droit Le Cabinet d'avocats Michel Drapeau est heureux d'accueillir Me Stéfanie Bédard au sein de son équipe. Me Bédard a obtenu un diplôme en droit civil et un diplôme en common law de la Faculté de droit de l'Université d'Ottawa. Avant d’accéder à la profession, elle a complété sa cléricature avec notre cabinet. Elle possède déjà une bonne expérience en droit administratif, les droits de l'homme et le droit successoral ainsi que la prestation de services notariaux. Elle pratique le droit en anglais et français.

A breath of fresh air from the Chairman of the US Joint Chiefs of Staff. His comment to the effect that the US Military "do not take an oath to a king or a queen, a tyrant or a dictator. . .We take an oath to the Constitution." is spot on under the current circumstances.https://www.cnn.com//mark-milley-pentagon-turmo/index.html

A special welcome to our new Lawyer. Me Stéfanie Bédard Michel Drapeau Law Office (MDLO) is pleased to welcome Me Stéfanie Bédard to our team. Stéfanie obtained a Civil Law degree and a Common Law degree from the Faculty of Law, University of Ottawa. She completed her Articles with our office. She has already acquired skills and experience in administrative law, human rights and estate law as well as the provision of notarial services. Me Bédard is fluently bilingual in the English and French language.

WHY MICHEL DRAPEAU WENT TO LAW SCHOOL? In 1995, in the aftermath of a full military career (34 years), the Canadian government instituted a Commission of Inquiry into the deployment of the Airborne Regiment to Somalia. It dealt with allegations of misconduct, command failures and malformations of the military justice system. Driven by a desire to contribute to this review which could pave the way for essential reforms, I attended the hearings. Disappointed to hear several of... my former colleagues in their testimony resort to lapses in memory and dodging, I took part in the public debate. Over the months my disappointment turned to frustration as I realized more and more that even if the Commission were to succeed in exposing the serious shortcomings of the military justice system, I also knew that the military staff would nevertheless continue to have control of the change process. I wanted to play a role in this necessary transformation. In 1996, I decided to follow in the footsteps of my son Daniel who already practices law. I am 53 years old and am entering law school. After completion of my articles of clerkship in the Federal Court of Appeal in 2002, I was admitted to the Bar of Ontario. I immediately opened a boutique law firm in Ottawa, walking distance from National Defence Headquarters specializing in military law. In 2009, I was also appointed adjunct Professor, Faculty of Law, University of Ottawa. Since then, I am taking part in the evolution of the Canadian military justice system, a slow but beneficial process. We have a way to go but small as it is progress is being made.That is the important thing. Nil Sine Labore.

Pourquoi suis-je devenu avocat? En 1995, au lendemain d’une pleine carrière militaire (34 ans) le gouvernement mobilisa une Commission d’enquête sur le déploiement de nos soldats en Somalie. Elle porte sur des allégations d’inconduite, de défaillance de commandement et malformations du système de justice militaire. Animé par un désir de contribuer à cet examen qui ouvre la voie à des réformes essentielles, j’assiste aux auditions. Déçu d’entendre plusieurs de mes anciens col...lègues dans leurs témoignages recourir à de l’esquive je prends part au débat public. Au fil des mois ma déception se transforme en une frustration car je réalise de plus en plus que même si la Commission réussit à mettre à nu les importantes insuffisances du système de justice militaire, je sais aussi que l’état-major continuera néanmoins à avoir la main-mise sur le processus de changement. Je veux jouer un rôle au cours de cette transformation nécessaire. En 1996, je décide de suivre les traces de mon fils Daniel qui pratique déjà. J’ai 53 ans et je rentre à l’école du droit. Ma cléricature en Cour d’appel fédérale terminée et admis au Barreau en 2002, j’ouvre un cabinet boutique spécialisé dans le droit militaire. Je prends maintenant part, comme juriste, à l’évolution du système de justice militaire. En 2009, on me nomme Professeur auxiliaire, Faculté de droit, Université d’Ottawa. See more

Pourquoi suis-je devenu avocat? En 1995, au lendemain d’une pleine carrière militaire (34 ans) le gouvernement mobilisa une Commission d’enquête sur le déploiement de nos soldats en Somalie. Elle porte sur des allégations d’inconduite, de défaillance de commandement et malformations du système de justice militaire. Animé par un désir de contribuer à cet examen qui ouvre la voie à des réformes essentielles, j’assiste aux auditions. Déçu d’entendre plusieurs de mes anciens col...lègues dans leurs témoignages recourir à de l’esquive je prends part au débat public. Au fil des mois ma déception se transforme en une frustration car je réalise de plus en plus que même si la Commission réussit à mettre à nu les importantes insuffisances du système de justice militaire, je sais aussi que l’état-major continuera néanmoins à avoir la main-mise sur le processus de changement. Je veux jouer un rôle au cours de cette transformation nécessaire. En 1996, je décide de suivre les traces de mon fils Daniel qui pratique déjà. J’ai 53 ans et je rentre à l’école du droit. Ma cléricature en Cour d’appel fédérale terminée et admis au Barreau en 2002, j’ouvre un cabinet boutique spécialisé dans le droit militaire. Je prends maintenant part, comme juriste, à l’évolution du système de justice militaire. En 2009, on me nomme Professeur auxiliaire, Faculté de droit, Université d’Ottawa. See more

https://www.cmfmag.ca//veterans-win-100-million-settlement/

UNCLAIMED COMPENSATION. MDLO is acting as co-counsel in the Class Action suit of Toth v. Her Majesty the Queen certified on May 17, 2016. The class is comprised of veterans from two distinct groups. a) GROUP A. Veterans from the Canadian Armed Forces who were in receipt of the Earnings Loss Benefits (ELB) or Canadian Forces Income Support (CFIS); and, GROUP B. WW II and the Korean War veterans or their survivors; A total of 21 class members have yet to claim their compensati...on. These members, their survivors or their estate representatives are urged to contact our office at [email protected] or phone: 1 613 236-2657 (extn 205) as soon as practicable. GROUP A - CAF VETERANS (ELB or CFIS) BRITISH COLUMBIA Paul Wiering of Kelowna ALBERTA Shirley Ens of Lethbridge Michael O’Neill of Lethbridge Eric McPherson of Edmonton ONTARIO James Carmichael of St Catharines Michael Martin of St Catharines Scott Murray of Alliston Robert Scott of Arnprior GROUP B - WW II and Korean War Veterans ALBERTA Estate of Mark Coughlin Estate of Joseph Houle Estate of Kenneth Morton, MANITOBA Estate of Victor Goetz ONTARIO Estate of Daniel Hill Estate of Paul St George Estate of Robert Turley PRINCE EDWARD ISLAND Estate of Kevin Gallant QUEBEC Estate of Andre Courchesne Estate of Jacques Gagnon Estate of Alain Godin Estate of Luc Raymond Estate of Terry Sinnett

See excellent article title "COVID 19 and Military Law written by my friend Eugene Fidell published in the US Journal of National Security Law and Policy. https://jnslp.com/2020/07/28/covid-19-military-law/

https://drive.google.com//1Z5P1ZVbJ9kGzLTdD8bCF7BaGQl/view Retired US Army Col Kathryn Spletstoser filed an action against her former Commander, USAF General (4 star) John E. Hyten) in response to his several sexual advances, mostly when the two were travelling on duty: California, Washington, Seoul, London, Halifax, . At all material times, General Hyten was Commander, US Strategic Command. Read decision by the U.S. District Court for the Central District of California which ruled that the colonel's lawsuit against the government arising out of claimed misconduct by the USAF General who is now the Vice Chairman of the Joint Chiefs of Staff can proceed.

For a number of reasons, summary trials as currently conducted by the Canadian military are a relic of the Middle Ages. They are also an affront to the Rule of Law. Consider its main characteristics: 1. Presiding officers of Summary Trials are normally Commanding Officers who lack any pretense of "independence" and "non-affiliation" with the accused or witnesses. 2. The accused has no right to counsel which likely contravenes sub-para 2.(c)(Xii) of the Canadian Bill of Rights...Continue reading

In the USA, a website called "MILITARY PHONIES" exposes people who invent or inflate their military service, We have something similar in Canada. Such fakers are also exposed in Canada . See article published recently in The New Yorker which provides a few good examples. ohttps://www.newyorker.com/magazine/2020/10/26/how-to-spot-a-military-impostor

Among advanced democracies, Canada's military is probably the last bastion of for this ancient "summary trial' system This system is frozen in time, largely unchanged in 331 years. Except for CAF members, thankfully no other Canadian faces such a once-sided and unjust penal justice system. This system is used as is in Pakistan, Sri Lanka, India, Bangladesh, Nepal and Canada. However, in 2015 Parliament introduced Bill C-77 aimed at replacing the Summary Trial system with a non-penal and non-criminal summary hearing system. Royal Assent was given on June 21, 2019. Parliament has spoken and this is now the law. However, exactly a year later, SC 2019, C. 15 has yet to be put into force by DND. This issue should be raised in Parliament when its resumes operation. We owe this to our brave men and women serving in uniform.

On Friday, Statistics Canada released a Report titled: Experiences of unwanted sexualized and discriminatory behaviours and sexual assault among students at Canadian military colleges, 2019. Among the findings are: One in seven female Canadian Military College students was sexually assaulted in the past 12 months Most CMC students chose not to intervene, seek help or take other action when they witnessed unwanted sexualized or discriminatory behaviours.... CMC is the principal source for the training of future senior leaders for the Canadian Armed Forces. https://www150.statcan.gc.ca//2020001/article/00011-eng.htm Things are not getting any better at the Royal Military College. Perhaps Parliament need to take a good hard look at the Auditor General Report on the CMCs.

MLDO COPING WITH COVID-19 Since March 2020 the MDLO team has been taking extra precautions due to the COVID-19 pandemic. For example, out of concern for the well-being of our staff, clients and potential clientele, Michel Drapeau Law Office will continue to conduct all consultations and meetings online, via Skype or Zoom. Also, MDLO remains open but is working on reduced hours of Monday to Friday, 9:00am 4:00pm, and are not accepting in-person visitors to our offic...e until further notice. We are happy to answer phone calls and emails, and/or to speak via Skype or Zoom. We trust that you are staying safe, and appreciate your cooperation and understanding.

Col Drapeau comments to CBC News on the new DND Policy of Hateful conduct. He says: "It misses the mark! See CBC link: Hatefulhttps://www.cbc.ca/news/canada/manitoba/canadian-military-tool-identifies-hateful-conduct-1.5652276

MDLO staff has created a new corporate website for our law office which came into existence in 2002. We believe that the new design is a clear reflection of who we are and what we do for our growing clientele. It attempts to present our message with both clarity and gusto. WWW.MDLO.CA Notre équipe a créé un nouveau site web pour notre cabinet, qui est entré en existence en 2002. Son design est le reflet de qui nous sommes et ce que nous faisons pour notre clientèle grandissante. Le site présente notre message avec clarté et d'entrain. WWW.MDLO.CA

MDLO is practicing social distancing while in the office. Wishing you and yours all the best during this pandemic.

https://www.theglobeandmail.com//article-toronto-danfort/

Update on Toth settlement

As co- counsel for the TOTH v HER MAJESTY class action proceeding WW II and Koreans War Veterans we are attempting to located the beneficiaries of deceased WW I...I and Korean War Veterans in order to provide them with their share of the approved settlement. These persons are encouraged to contact VAC as soon as practical. See more

TOTH Class action update Veterans Affairs Canada (VAC) has commenced payments to estates of deceased Class Members with entitlements under the settlement. So far, cheques have been paid to estates for whom VAC has confirmed the address and identity of the estate executor (or other estate representative), and verified the estate’s entitlement to a payment. If you are an executor or other estate representative of a deceased Class Member and have not received a payment, we rec...ommend that you contact VAC to confirm what information or documents they require from you to verify the estate’s entitlement and issue payment. You may need to provide them with proof of your appointment (or other authority) as estate representative. The proof could take the form of a Will, a court order, a certificate of appointment, or equivalent documentation. You should also be prepared to provide VAC with: documentary proof of the deceased Class Member’s date of death (i.e., a death certificate or funeral director’s certificate), and where required, certain personal information about the deceased Class Member (i.e., the veteran’s service number, his CSDN number, or his date of birth). Providing the required information to VAC should facilitate payment to the estate. VAC can be reached by telephone at 1-866-522-2122. If you call, please inform the VAC representative that you are inquiring about payments related to the Toth settlement. If the veteran did not have a Will and/or there is no court order or certificate of appointment, we recommend that you contact VAC and explain the circumstances to them. You are welcome to copy [email protected] on any communication you have with VAC concerning a payment related to the Toth settlement. See more

https://www.cbc.ca/player/play/1640352835579

http://espritdecorps.ca//on-target-canadian-troops-should-

Was the Afghan conflict worth it? What was achieved? Scott Taylor explores these questions in his latest article. https://www.thechronicleherald.ca//scott-taylor-kandahar-/

As it concerns military justice, the latest SCC decision in R v. Stillman champions the status quo. In a 5:2 decision, the court does not introduce any changes to the military court martial system. Instead, the majority finds that there are no constitutional issues with the military’s use of a five-member panel to decide criminal code matters (vice a 12-person jury that is constitutionally protected for civilian trials). The court also uphold their previous finding in Moriar...ity which determined that there is no need for a military connection, or nexus, for a military court martial to assume jurisdiction over a criminal code offence. Failure to allow the military justice system to operate as-is, the majority find, could have the result of undermining confidence in the military justice system, and affect morale within the military. The dissenting opinion of Judges Karakatsanis and Rowe is diametrically opposed. In dissent, these judges find that, to be heard before a 5-member panel, criminal code offences which could attract a term of imprisonment of 5 years or more requires a military nexus. Otherwise, the matter should be remanded to civilian court. The dissenting voice finds that the current military justice framework has clear unconstitutional elements, and would have dramatically altered the rights of a military accused facing criminal charges. The result is that the majority decision endorses a two-tiered system of justice. A military accused charged with aggravated assault, for example, may be heard before a 5-person, all military panel. A conviction requires anonymity within this panel. A civilian charged with the exact same offence will have the right to a 12-person jury trial. It may be more difficult, optically, to achieve anonymity from a 12-person jury, than from a 5-person panel. For the foreseeable future, the military justice system will continue to operate separate and apart from civil society. Ne’er the two shall meet. https://www.canadianlawyermag.com//military-members/277570

Colonel Drapeau appears on CTV News to discuss the latest SCC decision in Stillman.

Veterans Benevolent Fund (VBF) to announce its 2019 student bursary program in September 2019. Stay tuned!

Colonel Drapeau published an article in Lawyers Daily concerning the court martial of the Chief Justice, Mario Dutil, and what this says about the military justice system: https://www.thelawyersdaily.ca//dutil-trial-highlights-sho

https://www.theglobeandmail.com//article-conviction-rate/

Colonel Drapeau appears on CTV National News concerning the latest Stats Canada Report demonstrating that Operation Honour is a mission failure. https://www.ctvnews.ca/video

"According to results released this morning, 1.6 per cent of regular-force members or about 900 full-time military personnel reported being the victim of a sexual assault over the previous 12 months."

Today, Colonel Drapeau and Mr. Juneau appeared at the Canadian Senate before the Standing Committee on National Security and Defence in support of Bill C-77: An Act to Amend the National Defence Act. This important piece of legislation will (a) abolish and decriminalize the Summary Trial process; (b) enshrine rights for victims of service offences; and (c) make important reforms to the court martial system.

https://www.cbc.ca//mark-norman-breach-trust-charge-droppe

VETERANS CLASS ACTION SUIT REGISTER NOW! Michel W. Drapeau and Joshua M. Juneau are working in collaboration with Gowling WLG and other Canadian law firms, on a proposed class action (Toth and Brousse v. HMQ) concerning an accounting error in the calculation of disability awards and pensions by Veterans Affairs Canada (VAC). The error went undetected for many years and ended up shortchanging about 250,000 veterans, including sailors, soldiers and aviators, as well as members ...of the RCMP. A Statement of Claim was jointly filed by Gowling WLG and Michel Drapeau Law Office on behalf of the proposed representative plaintiffs. We encourage all prospective class members to register as a potential class member. Registration will allow us to provide you regular updates on the progress of the case. To register, click the link below. Information: http://mdlo.ca/toth-and-brousse-v-her-majesty-the-queen-cl/ Registration: https://mailchi.mp/95f2a6655d96/vacclass

A major win for Canadian Veterans involved in the lawsuit against Veterans Affairs Canada. The suit revolved around low-income veterans with disabilities whose ...financial aid benefits were being clawed back by the government. The defendants alleged that it was discriminatory for the government to claw back the financial aid from those who received disability pensions for injuries sustained while in uniform. Michel Drapeau Law Office See more

"The Royal Canadian Legion called on the government to create one department to merge Veterans Affairs Canada and the Department of National Defence to ensure seamless oversight of military personnel from recruitment into retirement."

An anti-malaria drug given to Canadian soldiers decades ago reportedly caused severe side effects. Faiza Amin speaks to veterans who attended a meeting about a legal challenge that promises to hold the government accountable.

Imagine for a moment, that a government agency, entrusted with the care and wellbeing of Canadian citizens, had the temerity to burgle the funds they required ...for that care. Imagine that it was done under the direction of those who were elected by the very people they were entrusted with caring for with impunity. If that government is capable of this transgression, is it not plausible that they have done it more than once before and had the cases denied? Equitas, and now the Mefloquine suit.... The cases are stacking up. This is a brilliant win!! ~Bronco https://www.ctvnews.ca//veterans-to-share-100m-settlement-

Colonel Drapeau appears on CBC to discuss the Admiral Mark Norman trial.