2 resultados para military service

em QSpace: Queen's University - Canada


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This paper explores the ways in which the construction of militarized masculinities in Cold War Canadian media reflected the hegemonic masculinities and broader social trends of the period. This paper focuses specifically on the recruiting materials produced for and by the Canadian Army between 1956 and 1959, the time of the Suez Canal Crisis and the beginnings of “Canadian peacekeeping.” Through the mobilization of modern and anti-modern masculine identities attached to hegemonic and idealized Cold War Canadian masculinities, the Army created the image of the “Modern Warrior” to portray itself as an occupation and culture for “real Canadian men.” This identity simultaneously corresponded with Canada’s new “peacekeeping” identity. By presenting certain images of Canadian manhood as the “ideal” Canadian identity and by associating this “ideal” masculinity with military service, the Army’s recruitment advertisements conflated Cold War rhetoric of service, defence, national citizenship, cultural belonging, and “ideal” ethnicity with a Canadian identity available only to a specific (and often exclusive) segment of society. Because military service has long been considered the crux of citizenship, these advertisements (re)entrenched patterns of middle-class, heterosexual, Anglo- Saxon masculine power and dominance in a time of social uncertainty and cultural anxiety through the reaffirmation of this group’s “privilege” to serve the nation.

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There is a place where a Canadian citizen can be sent to 30 days detention, by someone who is not a judge, without being represented by counsel, and without having a meaningful right to appeal. It is the summary trial system of the Canadian Armed Forces. This thesis analyses that system and suggests reforms. It is aimed at those who have an interest in improving the administration of military justice at the unit level but want to sufficiently understand the issues before doing so. Through a classic legal approach with elements of legal history and comparative law, this study begins by setting military justice in the Canadian legal firmament. The introductory chapter also explains fundamental concepts, first and foremost the broader notion of discipline, for which summary trial is one of the last maintaining tools. Chapter II describes the current system. An overview of its historical background is first given. Then, each procedural step is demystified, from investigation until review. Chapter III identifies potential breaches of the Charter, highlighting those that put the system at greater constitutional risk: the lack of judicial independence, the absence of hearing transcript, the lack of legal representation and the disparity of treatment between ranks. Alternatives adopted in the Canadian Armed Forces and in foreign jurisdictions, from both common law and civil law traditions, in addressing similar challenges are reviewed in Chapter IV. Chapter V analyses whether the breaches could nevertheless be justified in a free and democratic society. Its conclusion is that, considering the availability of reasonable alternatives, it would be hard to convince a court that the current system is a legitimate impairment of the individual’s legal rights. The conclusion Chapter presents options to address current challenges. First, the approach of ‘depenalization’ taken by the Government in recent Bill C-71 is analysed and criticised. The ‘judicialization’ approach is advocated through a series of 16 recommendations designed not only to strengthen the constitutionality of the system but also to improve the administration of military justice in furtherance of service members’ legal rights.