Administrative Law

Administrative Review – Medical Employment Limitations: Two Decisions for the Price of One!

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Administrative Review – Medical Employment Limitations: Two Decisions for the Price of One! Introduction One of the most problematic and poorly understood types of Administrative Review (AR) are ‘Administrative Review – Medical Employment Limitations’, typically referred to by the acronym ‘AR-MEL’.  Superficially, these Administrative Reviews are much like any other Administrative Review conducted under Defence …

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The Right Tool for the Job: Administrative Review is neither a Code of Service Discipline prosecution nor an Harassment Investigation

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The Right Tool for the Job:  Administrative Review is neither a Code of Service Discipline prosecution nor an Harassment Investigation[1]   In the course of my practice, I have noticed a disturbing trend regarding the use – or, more accurately, misuse – of Administrative Reviews (AR) under Defence Administrative Order and Directive (DAOD) 5019-2 as …

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The Nature and Limitations of Administrative Review

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The Nature and Limitations of Administrative Review Introduction An Administrative Review is a decision-making mechanism that is most often relied upon by centralized Canadian Forces (CF) statutory decision-makers at National Defence Headquarters (NDHQ).  Any member of the CF who has faced compulsory release from the CF due to conduct or performance deficiencies, medical employment limitations …

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An Examination of Administrative Review in the Canadian Forces – Introduction

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An Examination of Administrative Review in the Canadian Forces Introduction and Scope of the Series Over the course of the next two weeks, I will present a series of Blog articles describing Administrative Review in the Canadian Forces (CF) and how it is used in support of decision-making in “… the administration of the affairs …

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Why “The Military Justice Project”?

1 Comment / Administrative Law, CF Grievances, Code of Service Discipline, Crown-Soldier Relationship, Emerging Policy Issues, Law of Armed Conflict / By

Why “The Military Justice Project”? Lieutenant-Colonel (retired) Rory Fowler, CD, BComm., LL.B., LL.M. This Blog is intended to provide a platform for scholarship and reasoned discussion and debate concerning issues of military law.  And, if I’m being entirely honest, it will also be an outlet that will permit me to vent – hopefully in a …

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