First off, this is a good discussion so far IMO. Different POVs from different environments etc.
Simian Turner said:
In the same way that VAC requests that you prove you were actually on the exercise/deployment, that you were doing unit-authorized PT, received permission to play intramurals through a published team roster, that people going to National Sports competitions on weekends have their CO's approval in writing. How can you prove that you were in Toronto and not sitting in your basement mancave when you received the call from you CO. The fact that he approved you to go to Toronto indicates that teh chain of command accepts responsibility for transit as being part of the recall.
- I do not require my CO's permission to go to Toronto, or anywhere inside Canada on a normal weekend off. This is official CAF policy. (I'll get to the 'can the CO make a more restrictive policy' aspect in the other part)
- When my CofC contacts me, I say "I am in Toronto right now, my flight back isn't until Sunday evening". If they want to order me back regardless...the unit could be on the hook for the cost to get me back early. The CO *shall ensure* the OR/URS is updated (also right in the policy); this would also be a reasonable form of verification of my whereabouts if I am out of province via a CAL, no?
Section 2.7 Withholding and Recall From Leave
2.7.01 Policy
The policy for withholding of and recalling from leave is directed in QR&O 16.01, Withholding of and Recall from Leave.
2.7.02 General Administration
If a CF member on leave is recalled to duty,
the CO shall ensure that the member's URS is notified of the details of the altered leave period.
Pursuant to CBI 209.54, Reimbursement of Expenses When Recalled From or On Cancellation of Leave and CBI 209.50, Transportation on Leave, a member who is recalled from leave may be entitled to reimbursement of additional expenses.
- the *Toronto and not in my mancave* aspect. Well, to start with, are we treating CAF members like adults, convicts or children? I treat my subordinates like adults until they give me a reason not to. If I am in TO, I'll have (in my case) plane tickets. If I was closer, and driving, it's pretty easy for me to hit an ATM and withdraw $20. I use receipts all the time travelling to prove where I was, at what time (example, proceeding on TD I hit the ATM at the end of my street to show what time I left home).
As for Base recall limits, many Base Sharepoint sites/Standing Orders include a map showing acceptable living from Base distances and ask people to sign a Statement of Understanding. Please don't say not everyone does that, I know; the many Bases I am familiar still do.
Geo boundaries aren't tied directly to leave policy and it is possible to live outside those boundaries (I myself live outside my base geo boundaries with approval from my Sqn, Wing and DCBA). However, living in or outside the boundaries doesn't affect if I require to inform my unit where I am on non-duty times.
As for what a CO can do QR&O is your source once again:
4.20 - GENERAL RESPONSIBILITIES OF A COMMANDING OFFICER
(1) A commanding officer is responsible for the whole of the organization and safety of the commanding officer's base, unit or element, but the detailed distribution of work between the commanding officer and subordinates is left substantially to the commanding officer's discretion.
(2) Unless otherwise provided in QR&O, a commanding officer may allocate to officers, who are immediately subordinate to the commanding officer, all matters of routine or of minor administration.
(3) A commanding officer shall retain for himself:
matters of general organization and policy;
important matters requiring the commanding officer's personal attention and decision; and
the general control and supervision of the various duties that the commanding officer has allocated to others.
(4) A commanding officer of a base, unit or element shall ensure that all works and buildings at the base, unit or element are properly safeguarded at all times.
(C) [24 April 2007]
4.21 - STANDING ORDERS
(1) A commanding officer shall issue standing orders which shall include orders that are peculiar to the commanding officer's base, unit or element.
(2) An officer in temporary command of a base, unit or element shall not issue standing orders, nor alter those already in force, without reference to the officer in permanent command or to superior authority.
(3) Where a commanding officer is away from the base, unit or element, that officer shall not issue standing orders.
(C)
[4.22 to 4.25 inclusive: not allocated]
I'm looking for the part in the above ref that states "COs may ignore orders including DAODs, CFAOs, or other duly authorized policy from any superior officers when writing their own unit orders".
A few years ago, a unit CO wrote a more restrictive Leave Policy for weekends/non-duty time. It basically stated you had to have a leave pass to be away overnight and that to leave the geographical boundaries, you needed a leave pass as well. All unit members were required to sign saying they were briefed and aware. This unit also had a standby sub-unit 24/7/365 as it was both a high ready/op tempo unit and one required by its HHQ to maintain a standby subunit regularly (every day of the year). Therefore, if a recall was to happen or a tasking, etc there was always people 'on call' to handle it. As this new leave policy was contrary to the CAF leave policy, it was given to a CAF policy SME for their review and thoughts, who presented it to the local AJAG office. The AJAG assessment was:
- the CO already had a designated standby sub-unit, IAW orders from HHQ, to handle weekend taskings. Those people were already on duty, with their movement restricted.
- the CO has to have an actual military requirement to restrict members' movements outside of duty hours. "something might happen that the duty sub-unit can't handle" isn't an actual military requirement that would give the CO a reason to restrict all unit members' movements during non-duty hours. As there was no 'task' identified with the restriction, there was no military requirement for the unit policy.
- the line between on duty and off duty is clear; if a member is off duty, their travel is restricted to the CAF policy as laid out in the Leave Manual. If they are at home on a weekend but 'on call/standby', their status is actually 'on duty' and they are bound to the details of that duty as laid out in orders, etc.
*not long after, incidentally, the leave policy component of the Unit Orders was rewritten, with non-duty restrictions for weekdays and weekends going back to the Leave Policy Manual version.
The LegO also stated that there would be no grounds to charge someone for leaving the geo boundaries on non-duty time, including weekends, unless they were unable to return to their place of duty at the next expected time (0800 Monday for most people after the weekend) as detailed in Unit Orders. The aspect of admin action was also touched on, with words to the effect of "the redress authority would basically have no choice but to grant redress if someone grieved admin actions such as RMs, because the CAF policy is IAW with the Leave Manual".
The QR & O you ref above doesn't grant COs blanket authority to completely ignore policies that (1) are authorized by a higher authority than they are and (2) apply to all CAF members [most DAODs have this line in them for a reason]. I'll use the example of 15 days Ann Leave. Can the CO of a busy, high op tempo unit tell me I am being restricted to 15 days Ann Leave this year? No. The amount of leave I am entitled to is decided above the CO level. He/she can, however, deny leave for military requirements and cause that some of my leave is accumulated (I've done that, too).
Both the Policy SME (a staff officer/advisor to a GOFO) and the LegO that reviewed, provided assessment and opinion felt the COs policy was overly restrictive, but the LegO really focused in on the 'restriction of movement' aspect. Of importance, to me at least; I don't use this information to support my stance, I base my stance on this information/review from a few years ago now.
Lastly, I'll add these parts that I recall from the email chain from the Policy SME/LegO. These were indicated as important passages from the Leave Policy Manual and the applic DAOD, to what extent I don't recall exactly. What I recall with the most clarity is the fixation on the 'restriction of members movement during off duty periods'.
Leave Policy Manual
Application
Unless otherwise indicated, this manual applies to all members of the Canadian Forces (CF). [there is no indication that 2.1.04 Weekends and Holidays doesn't apply to 'all CAF mbrs']
Approval Authority
The Canadian Forces Leave Policy Manual is issued under the authority of the Chief Military Personnel (CMP).
Reference
Source reference - DAOD 5060-0, Leave
DAOD 5060-0, Leave
Application: This DAOD is an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members).
Approval Authority: Chief of Military Personnel (CMP)
2. Policy Direction
2.4 The CAF
shall:
c. manage leave in accordance with A-PP-005-LVE/AG-001, Canadian Forces Leave Policy Manual;
3. Authorities
Authority Table
3.1 The following table identifies the authorities associated with this DAOD:
The … has the authority to …
CMP
develop and approve leave policy.
*note - no wording saying "local commanders, COs, etc can develop their own leave policies...".
In comparison, though
CFP 265 gives "local commanders" explicit authority to control their subordinates on that subj.
Foreword
1.A-DH-265-000/AG-001, Canadian Armed Forces Dress Instructions, is issued on authority of the Chief of Defence Staff.
CHAPTER 1
3. Changes in dress policy, dress instructions or uniforms, or in the designs of uniforms, uniform accessories, accoutrements or insignia, shall only be made with the approval of the CDS or, on his behalf, by the Chief Military Personnel, National Defence Headquarters (NDHQ/CMP).
7. Control is exercised by local commanders
who may standardize the dress of subordinates on any occasion, including the wear of accoutrements and alternative or optional items, subject to overall command direction.