Lieutenant (Navy) Mike Madden, CD

Lieutenant (Navy) Mike Madden, CD — 6215 Coburg Road, Halifax, NS B3H 1Z8 Phone: (902) 431-0646 — E-Mail: [email protected] SSRN Author Website: http://ssrn.com/author=1243282

Education • J.S.D. (candidate) – Doctor in the Science of Law. Dalhousie University’s Schulich School of Law: expected 2014. • LL.B. – Bachelor of Laws. Dalhousie University’s Schulich School of Law: 2010. Editor-in-chief of Dalhousie Journal of Legal Studies. • M.A. – Master of Arts (English). Dalhousie University: 2007. • B.A. (Hons.) – Bachelor of Arts (English). Royal Military College of Canada (RMC): 1999. First Class Honours.

Publications Books • Mike Madden. PLANTING THE SEEDS OF A NON-RACIAL SOCIETY: WHITE WOMEN AS AGENTS OF CHANGE IN JULY’S PEOPLE, DISGRACE, AND A BLADE OF GRASS, (Saarbrücken, Germany: Lambert Academic Publishing, 2010).

Articles • Mike Madden. “Anchoring the Law in a Bed of Principle: A Critique of, and Proposal to Improve, American and Canadian Confrontation and Hearsay Law” Boston College International and Comparative Law Review [forthcoming in Volume 35:2, Spring 2012]. • Mike Madden. “Comparing ‘Appels’ and Oranges: An Examination of the Link Between Criminal Appeal Processes and Judiciary Structures in Canada and France” Journal of Appellate Practice and Process [forthcoming in Volume 12:2, Summer 2012]. • Mike Madden. “Making Use of Neutral Forces: Mediation of Performance Appraisal Disputes Within the Canadian Forces” (2011) 11:4 Canadian Military Journal 8-14. This article is available online at: http://www.journal.forces.gc.ca/vo11/no4/08-madden-eng.asp. • Mike Madden. “Marshalling the Data: An Empirical Analysis of Canada’s Section 24(2) Case Law in the Wake of R. v. Grant” (2011) 15:2 Canadian Criminal Law Review 239-261. Reprinted in National Judicial Institute’s Criminal Law Seminar Coursepack, March 30 – April 1, 2011. • Mike Madden. “Naval Chameleons? Re-Evaluating the Legality of Deceptive Lighting Under International Humanitarian Law” (2011) 6:4 Canadian Naval Review 4-9. • Mike Madden. “Empirical Data on S. 24(2) Exclusion Under R. v. Grant” (2011) 78:2 Criminal Reports (6th Series) 278-290. Reprinted in National Judicial Institute’s Criminal Law Seminar Coursepack, March 30 – April 1, 2011. Reprinted in part in National Judicial Institute’s (March 17, 2011) 158 Criminal Law Essentials eLetter 6-8. • Mike Madden. “Second Among Equals? Understanding the Short Shrift that Freedom of Religion is Receiving in Canadian Jurisprudence” (2010) 7:1 Journal of Law and Equality 57-88.

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• Mike Madden. “Conquering the Common Law Hydra: A Probably Correct and Reasonable Overview of Current Standards of Appellate and Judicial Review” (2010) 36:3 The Advocates’ Quarterly 269-294. Cited with approval by the Nova Scotia Court of Appeal in A.B. v. Bragg Communications Inc., 2011 NSCA 26. • Mike Madden. “Trading the Shield of Sovereignty for the Scales of Justice: A Proposal for Reform of International Sea Piracy Laws” (2009) 21:2 University of San Francisco Maritime Law Journal 139166. Reprinted in (2009) Bocconi School of Law Student-Edited Papers No. 2009-11/EN. Reprinted in abridged form in (2009) 18:1 International Law Students Association Quarterly 16-23. • Mike Madden and Jason Samson. “Entrench the Bench! Canada’s Pressing Need for a Permanent Military Court.” (2009) 55:(1&2) Criminal Law Quarterly 215-238. • Mike Madden. “Sui Not-So-Generous: The Unconstitutionality of Canadian Court Martial Jury Trials” (2009) 14 APPEAL: Review of Current Law and Law Reform 24-36. • Mike Madden. “First Principles and Last Resorts: Complications of Civilian Influences on the Military Justice System” (2009) 9:3 Canadian Military Journal 49-57. This article is available online at: http://www.journal.forces.gc.ca/vo9/no3/08-madden-eng.asp.

Honours and Awards • Law Foundation of Nova Scotia’s Millennium Graduate Fellowship – Awarded to a doctoral student for demonstrated superior academic performance (September 2011). • Canadian Naval Review’s 4th Bruce S. Oland Essay Competition – Second Prize (for the paper entitled “Karma Chameleons? Re-Evaluating the Legality of Deceptive Lighting Under International Humanitarian Law”) (September 2010). • The Honourable W.A. Henry Prize – Dalhousie University’s Schulich School of Law – Awarded to the graduating student who has achieved the highest standing in Constitutional Law subjects (May 2010) • A.S. Pattillo Prize for Advocacy – Dalhousie University’s Schulich School of Law – Awarded for excellence in oral and written legal argument (May 2010) • Canadian Council of International Law’s Ronald St. John Macdonald Young Scholar’s Award – Honourable Mention (for the paper entitled “Trading the Shield of Sovereignty for the Scales of Justice: A Proposal for Reform of International Sea Piracy Laws”) (October 2009) • Winner – Smith Shield Moot Court Competition – Dalhousie’s prestigious internal moot between the top four graduating mooters, as selected based on performance in a compulsory moot (October 2009) • Cowan Intern to the Nova Scotia Court of Appeal (August 2009) • Dean’s List – Faculty of Law, Dalhousie University (May 2009) • RMC Departmental Medal (English) – Top Undergraduate Graduating Student (May 1999) • Winner: Edith Boulton Nordheimer Memorial Essay Contest – Best Essay on a Canadian or Commonwealth Topic (May 1999). • RMC Departmental Prize (English) – Top Third Year Student (May 1998).

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Teaching Experience • Part-time Lecturer – International Humanitarian Law / Law of Armed Conflict (LAWS 2205). Dalhousie University’s Schulich School of Law (beginning in September 2011). This three-credit major paper class is offered to approximately 17 students each year as part of the university’s academic undergraduate law curriculum. • Instructor – Canadian Forces Directorate of Military Training and Cooperation’s Law of Armed Conflict Course for foreign military officers. Canadian Forces Base Aldershot (October 17-21, 2011). This course teaches Canadian perspectives on International Humanitarian Law to military officers from Africa, Asia, Europe and South America. • Instructor – Summary Trial Presiding Officer Certification Training. Canadian Forces Base Halifax (November 16-17, 2011; February 10-11, 2011; November 17-18, 2010). This course teaches unit Commanding Officers to be low-level criminal judges in two days, and covers principles of administrative, evidence, constitutional, and criminal law, as well as significant aspects of criminal procedure.

Conference and Seminar Presentations • “Contemporary Problems in International Humanitarian Law.” Guest Lecturer to Professor Phillip Saunders’ International Law (LAWS 2012) class at Dalhousie University’s Schulich School of Law (November 21, 2011). • “Of Pirates and Prosecutors: Problems in Contemporary Maritime Piracy Law.” Guest Lecturer to Professor Rob Currie’s International Criminal Law (LAWS 2197) class at Dalhousie University’s Schulich School of Law (January 28, 2010).

Work Experience Deputy Judge Advocate, Office of the Assistant Judge Advocate General (Atlantic):

July 2011 – Present

I provide legal advice to military clients on operational, administrative, and military justice (criminal) matters. This advice frequently touches on both domestic and international law, and can incorporate elements of private and public law. In essence, I serve as “general counsel” to officers and non-commissioned members within the Canadian Forces Atlantic region on any military matters that require legal input.

Articled Clerk, Office of the Assistant Judge Advocate General (Atlantic): Under the supervision of the Assistant Judge Advocate General, I completed a year-long period of articles in order to gain experience in legal fields traditionally known as solicitor and barrister practice areas. I passed the Nova Scotia Bar Examination and the Bar Admission Course during the articling period, and was called to the Bar in July 2011.

Law Student, Office of the Assistant Judge Advocate General (Atlantic): Under the supervision of the Acting Assistant Judge Advocate General, I drafted legal opinions on a variety of subjects for transmission onward to clients within the military chain of command. I provided opinions on operational law topics (including law of the sea, military assistance to law enforcement agencies, and naval intelligence collection), criminal law topics

May 2010 – June 2011

May 2009 – August 2009

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(including advice relating to charges under the National Defence Act), and administrative law topics.

Law Student, Office of the Regional Military Prosecutor (Atlantic): Under the supervision of the Senior Prosecutor, I provided pre-charge advice to Military Police Investigators, and conducted post-charge review of files proceeding to court martial. I frequently briefed the local Assistant Judge Advocate General, unit Commanding Officers, and other senior stakeholders on file dispositions.

Naval Bridge Watchkeeper and Under Water Warfare Officer: I exercised charge of HMC ships (frigates and destroyers) in harbour and at sea, during peacetime training and while deployed on operations. I provided tactical advice relating to mine warfare, anti-submarine warfare, naval diving, and ship handling to my Commanding Officers and to embarked Flag Officers. My service included a tour as part of a multinational NATO force performing anti-terrorist and maritime interdiction operations in the Mediterranean Sea under the auspices of OPERATION ACTIVE ENDEAVOUR, for which I received a NATO Article 5 decoration.

Army Artillery Officer: I performed the duties of Troop Commander, Reconnaissance Officer, and Command Post Officer within an artillery battery comprised of six self-propelled howitzers. My service included a tour commanding a Troop as part of a multinational NATO peacekeeping force in Bosnia under the auspices of OPERATION PALLADIUM, for which I received a NATO Former Yugoslavia decoration.

May 2008 – August 2008

October 2001 – August 2007

May 1999 – October 2001

Miscellaneous Qualifications • I am fluent in French. My public service second language profile in French is E (Reading), C (Writing), and C (Oral Interaction), where E designates a life exemption from further testing, and C designates an advanced level of proficiency.

Miscellaneous Experiences • I have worked extensively as a freelance academic editor (http://maddediting.googlepages.com) and as an editor for a premier online academic editing service (www.papercheck.com). • I was one of two Co-Editors in Chief of Volume 19 of the Dalhousie Journal of Legal Studies, the flagship student-edited law review at Dalhousie University’s Schulich School of Law (2009-2010).

Recreational Interests • Half Marathon Runner (roughly one per year). • Avid Mountain Biker, Snowboarder and Golfer. • National Coaching Certification Level II (Provincial) Volleyball Coach. • Advanced Naval and Recreational Open Water Diver.