- Reaction score
- 1,637
- Points
- 1,190
Trying to find the legal framework for this one.
NDA para 27 - Attachment and Secondment, lays our that members on Active Service can be attached/seconded as deemed necessary. If the military says move, I move. Roger, out.
However, what about Class-B reservists? IN a previous discussion, FJAG and DAA both stated that:
So, when a Class-A member signs up for a 2 year Class-B contract to say, be a unit recruiter, and then the HQ orders (despite the protests of the unit CO) that the member is to go spend 4 months teaching a course in Borden, what legal framework is that based on?
Yes, the member can simply cancel their contract and not go, but if they aren't on Active Service, how can they be attach the willy-nilly?
Is it NDA Para 33 - Service, sub-para 2 - Liability in case of reserve force? It looks like it at first, put then para 3 states:
Is it maybe QR&Os 19.015 - LAWFUL COMMANDS AND ORDERS? But then technically, if the NDA says you can't order them to be attached, then wouldn't it be an unlawful order?
Cheers
NDA para 27 - Attachment and Secondment, lays our that members on Active Service can be attached/seconded as deemed necessary. If the military says move, I move. Roger, out.
However, what about Class-B reservists? IN a previous discussion, FJAG and DAA both stated that:
FJAG said:Reservists are not automatically on "Active Service". To be on "Active Service" there is a need to be an Order in Council from the government that does so. Orders in Council have been issued for numerous operations such as peacekeeping etc that designate individuals etc to be on "Active Service" when they are part of that specific force.
There is a string of Orders in Council that reach back to 1950 that relate to NATO. The current one is PC 1989-583 which was issued on 6 Apr 1989. and provides:
My interpretation of this provision has always been that while inside Canada, reservists are NOT on "Active Service" unless specifically placed through some other, mission specific, Order in Council.
So, when a Class-A member signs up for a 2 year Class-B contract to say, be a unit recruiter, and then the HQ orders (despite the protests of the unit CO) that the member is to go spend 4 months teaching a course in Borden, what legal framework is that based on?
Yes, the member can simply cancel their contract and not go, but if they aren't on Active Service, how can they be attach the willy-nilly?
Is it NDA Para 33 - Service, sub-para 2 - Liability in case of reserve force? It looks like it at first, put then para 3 states:
Aren't all reservists enrolled such that they are only liable to perform duty on active service only?"(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."
Is it maybe QR&Os 19.015 - LAWFUL COMMANDS AND ORDERS? But then technically, if the NDA says you can't order them to be attached, then wouldn't it be an unlawful order?
Cheers