I need to make myself more knowledgeable about that legislation. Does it require some sort of National mobilization or emergency first ?
There are several provisions in the NDA - the ones that matter are:
- 31 (1) The Governor in Council may place the Canadian Forces or any component, unit or other element thereof or any officer or non-commissioned member thereof on active service anywhere in or beyond Canada at any time when it appears advisable to do so
- (a) by reason of an emergency, for the defence of Canada;
- (b) in consequence of any action undertaken by Canada under the United Nations Charter; or
- (c) in consequence of any action undertaken by Canada under the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar instrument to which Canada is a party.
That one is your writ large "mobilization" order. Essentially this is a federal cabinet decision. The impact of being "placed on active service" means that the Reservist is on full-time, continuing service without his consent. Essentially they can be treated exactly the same as a RegF member but there are still some administrative differences.
- Liability in case of reserve force
(2) The reserve force, all units and other elements thereof and all officers and non-commissioned members thereof
- (a) may be ordered to train for such periods as are prescribed in regulations made by the Governor in Council; and
- (b) may be called out on service to perform any lawful duty other than training at such times and in such manner as by regulations or otherwise are prescribed by the Governor in Council.
- Marginal note:Exception in case of reserve force
(3) Nothing in subsection (2) shall be deemed to impose liability to serve as prescribed therein, without his consent, on an officer or non-commissioned member of the reserve force who is, by virtue of the terms of his enrolment, liable to perform duty on active service only.
- Marginal note:Meaning of duty
(4) In this section, duty means any duty that is military in nature and includes any duty involving public service authorized under section 273.6.
Service is limited in scope. (3) means that this provision does not apply to the Supplementary Reserve but it does apply to the Primary Reserve and the Cadet Instructors.
The "order to train"
is empowered under QR&O 9.04(2) which provides.
(2) Subject to any limitations prescribed by the Chief of the Defence Staff, a member of the Primary Reserve may be ordered to train each year on Class "B" Reserve Service prescribed under subparagraph (1)(b) of article 9.07 (Class "B" Reserve Service) for a period not exceeding 15 days and on Class "A" Reserve Service (see article 9.06 - Class "A" Reserve Service), for a period not exceeding 60 days.
The "order" can be given by anyone in the chain of command. The weakness of this provision is that any breach of an order is an offence triable by a civilian court rather than a military one and the maximum punishment is a fine of $25 for NCMs and $50 for officers for every day not attended. IMHO this is a key NDA provision that should be changed to make it subject to the CSD which requires some minor amendments.
A "call out on service"
may be done by the Minister (i.e. it does not require a full OiC)
(3) In an emergency, the Minister may call out on service to perform any lawful duty other than training, such members of the Reserve Force, except members of the Supplementary Reserve, and such units and elements thereof as the Minister considers necessary.
Note that an "emergency" is a defined event under the NDA and means
emergency means an insurrection, riot, invasion, armed conflict or war, whether real or apprehended; (état d’urgence)
The primary distinction between "active service" and "service" is that while "active service" creates a situation where the reservist is compelled to serve on a full-time, continuing basis, "service" is a compulsory "other than" full-time, continuing basis. i.e a call out is for a clearly defined temporary full-time basis.
Essentially to be called out on "service" requires that a) the purpose of the service is for an "emergency" and b) is for a military or public service duty
Aid of the Civil Power
275 The Canadian Forces, any unit or other element thereof and any officer or non-commissioned member, with materiel, are liable to be called out for service in aid of the civil power in any case in which a riot or disturbance of the peace, beyond the powers of the civil authorities to suppress, prevent or deal with and requiring that service, occurs or is, in the opinion of an attorney general, considered as likely to occur.
The fundamental difference between a "call out" on service in an "emergency" and a "call out" in "aid of the civil power" is a slight difference in terminology but mainly the fact that a s275 call out comes from a provincial attorney general. This is our equivalent of a state "calling out the guard". The "call out" on service provision contemplates an event of a national character while the "call out in aid of the civil power" contemplates an event of local character.
While the provincial attorney issues the request, the CDS determines what the level of military response will be and orders the appropriate forces, RegF or ResF to respond. Again, this provision does not apply to the Supplementary Res.
These provisions have been in effect for most of Canada's history in one form or another.
While the laws did not change, the internal way of thinking about compulsory service changed when the RegF changed from being a tiny part of the overall Forces to being the primary portion during the 1950s in order to meet the concept of 'forces in being" to provide an immediate response to Communist aggression. Our national character up until then was that of a citizens' army partially armed and trained but capable of large scale mobilization.
The big picture that many RegF folks do not understand is that like them, reservists only have to volunteer once - when they join - and until they are released - which like the RegF - isn't guaranteed.
We have hundreds of regulations and orders and directives which impact on Res service and pay and benefits etc, but they are all subordinate to the legislation. They can be changed without needing go back to parliament. Many of the problem issues that we have come from these lower level policies which are, in essence bureaucratically, created and can be fixed the same way if DND and TB were motivated to do it.
There is one major piece of legislation needed and, IMHO, it should be part of the NDA which relates to civil employment. The current provincial legislation is totally inadequate and I think it could be nationalized under s.91 Item 7 of the Constitution (Militia, Military and Naval Service and Defence). Employment and labour laws are trans-jurisdictional and all that is necessary is for the Feds to properly stake out their grounds to ensure that such legislation is logically connected to defence. Making it part of the NDA would go a long way in doing so.
If we were being honest with ourselves we'd realize that be the best thing the ARes can produce is augmentee Cpl Rifleman and Drivers.
If we are being honest then the answer is no. I disagree even with the provision that it is now under our current system. The artillery sent sent numerous officers and senior NCOs to war in Afghanistan to work in operational positions on the gun line and elsewhere. It's simply a matter of the right training and fitting the right person to the right job. Our current ability to do that is low but not zero but I do agree that the higher the rank, the less likely it is that a reservist has both the training and experience to do the job. That's a systemic problem that can be fixed if the will is there.
Collapse all existing reserve CBGs. Create Provincial Defence Groups.
I don't buy that. Yes the CBGs provide little of value other than administrative oversight. A change in name does nothing and a limiting objective does nothing.
Base the PDGs higher leadership on manning levels and already established entitlements.
Get rid of aptitude testing for the PDGs and all units revert to Light Inf and a TN component.
All regiments are disbanded and the units are numbered. Example PLF would become 1st Plt, NS PDG.
The mission is territorial defence, aide to civil power, augmentation of RegF and to act as the training cadre in time of national mobilization.
You're just dumbing down the structure to its lowest common denominator. Let me simply say that as a 16 year old I wouldn't have had any incentive to join the 1st Plt, NS PDG; it's not an outfit I'd be prepared to fight and die for. I'm a firm believer in restructure of the ResF but you should build on its history and tradition.
I think that's rather simplistic. Canadians don't view Mil Service as some deeper calling. And this, im not sure we can fix.
Many of the Canadians who join do see it as some higher calling. We need to keep that and, IMHO, we need to fix the system so that it becomes attractive for young Canadians by providing them with solid employment during the summer school breaks and providing them with educational benefits for future civilian careers (and in many of the CSS trades, a level of experience valued by civilian employers)
Social engineering is simple if you use the right motivators.