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Are you already enrolled in the CAF, and on leave without pay pending start of BMOQ? If so, you're a member of the CAF. If you haven't been enrolled yet, you have to answer no.
Jury Duty
- Thread starter Big Foot
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FJAG
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S 268 of the National Defence Act exempts reservists from jury duty if they are on "Active Service".
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.
It's been some seven years since I was in JAG and while I doubt that things have changed but I do not know for certain. I would strongly suggest that before any reservist attempts to use S 268 as the rationale for avoiding jury duty that they seek legal advice from their local legal advisor.
:cheers:
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.
It's been some seven years since I was in JAG and while I doubt that things have changed but I do not know for certain. I would strongly suggest that before any reservist attempts to use S 268 as the rationale for avoiding jury duty that they seek legal advice from their local legal advisor.
:cheers:
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As a reservist, I was once summoned for Jury duty. I reported in at the assigned time, explained that while I was a member of the military that I was not on active service and thus eligible to serve (the defence attorney wanted me dismissed), and the defence attorney then used one of her peremptory challenges to have me dismissed from the pool.
An interesting (if not particularly productive) morning.
An interesting (if not particularly productive) morning.
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PuckChaser said:
I have not been sworn in yet and my BMOQ does not start until January 16th, 2017. I have only verbally accepted the offer and I am not on leave without pay as I'm still working full-time at my current job. I answered no and just added a note saying that I'm starting with the Armed Forces in January. Hopefully they do read it rather than just scanning the barcode on the paper.
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FJAG said:
I do agree with you however I am going to be enrolled in regular force via direct entry as a MARS. [
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I think you took the correct approach. From now until you're sworn in, you have the same liability for jury duty as any other citizen. After that point you are statutorily excused. I would certainly include any period of LWOP, because even though you're not being paid, you're still a member of the RegF.
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BlueAngels14 said:
You could answer "Yes" and probably get way with it but legally I'm thinking you would have to answer "NO" at this time. Should you be summoned at a later date for Jury Duty and prior to your actual enrolment in the CAF, I'd suggest that you bring with you your confirmed "CAF Offer of Employment" and merely ask to be excused from the current and futre juror duty pool selections due to your upcoming employment commitments.
FJAG
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BlueAngels14 said:I do agree with you however I am going to be enrolled in regular force via direct entry as a MARS. [
I made the comment about PC 1989-583 because of a later post respecting reservists.
Once you are enrolled and are a member of the regular force then you would be exempt because the order in council places regular force members on "Active Service" both in and outside Canada.
:cheers:
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The other thing to check is what is the period of the court sitting. I know from my own experience when I was living in Nova Scotia was that the period of of jury duty lasted during the particular session noted on the summons. It's usually for one month, and you must be available for all trials scheduled for that month.
I was only working in my civilian job at the time, so had to attend selection for the three trials scheduled that month. The first trial was rescheduled for a session later in the year, the defendant in the second trial took a plea deal, and when I went through selection for the third I was discharged because I personally knew the prosecutor, defense council, and two people on the witness list (one of which I knew from my time in the reserves).
I received a summons a few months after my period of exemption from duty was up. But by that time I had moved to the US.
I was only working in my civilian job at the time, so had to attend selection for the three trials scheduled that month. The first trial was rescheduled for a session later in the year, the defendant in the second trial took a plea deal, and when I went through selection for the third I was discharged because I personally knew the prosecutor, defense council, and two people on the witness list (one of which I knew from my time in the reserves).
I received a summons a few months after my period of exemption from duty was up. But by that time I had moved to the US.
D
Deleted member 58571
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I am a Class "B" reservist on a recurring 180 day contract. I have been mailed a "Questionnaire About Qualifications for Jury Service". Section B, Question 4 asks, "Does your work exempt you from jury service?". How do I answer this question? Am I active service or not? Thank you.
D
Deleted member 58571
Guest
I have spoken to the G1 at the 4th Can Div HQ and they said that unless a reservist is on a named operation or on Class "C" duty. He they NOT exempt from Jury Duty.
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Good info to know, thanks!
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For reference to the discussion,
DAOD 7001-0, Civil and Criminal Court Proceedings
http://www.forces.gc.ca/en/about-policies-standards-defence-admin-orders-directives-7000/7001-0.page
"Every member of the Reserve Force on active service and every member of the Regular Force and Special Force is exempt from jury service at civil or criminal court in accordance with Section 268 of the National Defence Act."
DAOD 7001-0, Civil and Criminal Court Proceedings
http://www.forces.gc.ca/en/about-policies-standards-defence-admin-orders-directives-7000/7001-0.page
"Every member of the Reserve Force on active service and every member of the Regular Force and Special Force is exempt from jury service at civil or criminal court in accordance with Section 268 of the National Defence Act."
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