Question about Reserve Mobilization during Parliamentary Recesses

[armyca08]

I was just currious in the case of the reserve, without parliament in session, can the reserve still be mobilized? Is only the Govenor General or Queen able to do this, in mind of a lawful order from Parliament for mobilization?

Just currious as this happens I suppose during elections etc.. how exactly is this handled? Where exactly is reserve mobilization covered in the law?

 

[Haggis]

If a situation were to arise that could/would require Reserve mobilzation, the Government would have plenty of notice.  Things of this nature don't happen overnight.  Such an event would be catastrophic and galvanizing to Canada and would result in Parliament being recalled to deal with it.

No worries. 

 

[Neill McKay]

If a situation were to arise that could/would require Reserve mobilzation, the Government would have plenty of notice.  Things of this nature don't happen overnight.  Such an event would be catastrophic and galvanizing to Canada and would result in Parliament being recalled to deal with it. 

All correct -- but I suspect it could be done by order-in-council, which would not require that Parliament be in session.  (Not a lawyer, so all I can do is suspect.)

 

[Haggis]

All correct -- but I suspect it could be done by order-in-council, which would not require that Parliament be in session.  (Not a lawyer, so all I can do is suspect.)

It could indeed, Neil.  But I suspect an event of this gravity would warrant the recall of Parliament nonetheless.

 

[jp86]

This may be relevant:

32. Whenever the Governor in Council places the Canadian Forces or any component or unit thereof on active service, if Parliament is then separated by an adjournment or prorogation that will not expire within ten days, a proclamation shall be issued for the meeting of Parliament within ten days, and Parliament shall accordingly meet and sit on the day appointed by the proclamation, and shall continue to sit and act in like manner as if it had stood adjourned or prorogued to the same day.
National Defence Act, R.S.C. 1985, c. N-5

So it seems that the freedom of the GiC to mobilize the CF is in no way abridged, though it does prompt an end to the prorogation within ten days.

 

[armyca08]

Hey this isn't me saying you are wrong but when I read


32. Whenever the Governor in Council places the Canadian Forces or any component or unit thereof on active service, if Parliament is then separated by an adjournment or prorogation that will not expire within ten days, a proclamation shall be issued for the meeting of Parliament within ten days, and Parliament shall accordingly meet and sit on the day appointed by the proclamation, and shall continue to sit and act in like manner as if it had stood adjourned or prorogued to the same day.
National Defence Act, R.S.C. 1985, c. N-5

This says "If it already happened, and then there is a prorogation over 10 days, they need to recall parliament, and a new parliamentary session will commence. "

Nothing in here states the ability to call upon the reserve force, but I've found the N.D.A. which I'm geussing will have specifics. Once again though thank you for your answers.


It seems to be here

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.

33. (1) The regular force, all units and other elements thereof and all officers and non-commissioned members thereof are at all times liable to perform any lawful duty.

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.

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.


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I was confused as I thought I heard someone say that Parliament had to approve a mobilization - that is the commons, senate and Govenor General(Queen). However it seems only the GiC with the govenor generals consent (As part of the GiC) is required for mobilization. I thought it was one of those vote things, for foreign deployment. Is this the case, it is up to the GiC, not the commons and senate to mobilize the reserve for foreign deployments?



Does this mean there are multiple reserve entry options? Is this a comment on primary, supplimentary, cadets, and rangers. Or are there specific entry which vary - eg primary who agree to serve on active service as part of their enrollment in the reserve, ect...

Just currious about this as the subject was started.

 

[Nfld Sapper]

Does this mean there are multiple reserve entry options? Is this a comment on primary, supplementary, cadets, and rangers. Or are there specific entry which vary - eg primary who agree to serve on active service as part of their enrollment in the reserve, ect...

Cadets are not part of the Primary Reserves, they are a separate entity. Primary Reserves, Rangers and the Supplementary Reserves can be placed on active duty (IIRC)

The Cadet Instructional Cadre (CIC) is a sub-component of the Primary Reserves though.

 

[armyca08]

Thanks for that clarification. I should have stated CIC.

I didn't realize they were Primary though, I thought they had a class of their own, and were treated as a seperate group - as most literature makes a special note of them along side the rangers, and suplimentary.

 

[dapaterson]

Cadets are not part of the Primary Reserves, they are a separate entity. Primary Reserves, Rangers and the Supplementary Reserves can be placed on active duty (IIRC)

The Cadet Instructional Cadre (CIC) is a sub-component of the Primary Reserves though.

Sigh.

The NDA identified three components:

The Regular Force
The Reserve Force
The Special Force.

Right now, 2 of the 3 exist.


The Reserve force is further divided into four sub-components - this is by regulation, not by the NDA (see CFAO 2-8):

The Primary Reserve (P Res)
The Supplementary Reserve (Supp Res)
The Canadian Rangers (CR)
The Cadet Instructor Cadre (CIC).

Note that the CIC is not part of the P Res.

Members of the Supp Res are those with the more limited liabiltiy to serve.  All this is spelled out in the Queen's Regulations and Orders for the Canadian Forces (QR&Os) and other related regulations and orders.


"Mobilization" as it is generally understood involves calling the Reserve Force, in whole or part, into active service, at home or abroad.  Activ eservice, again, is as defined inthe NDA.

A Reservist of any sub-component may be on full-time Reserve service without being on active service; in fact, it is extremely common.

There is no need to "mobiize" a Reservist to place them on full-time service.