Image
source: youtube.com/watch?v=gM2Vkfeh1eA,
accessed 3 May 2017______
Other
sites on military law
-Part I --
Canadian Military Law -- Miscellaneous
- Blog
- Somalia
Inquiry & Government Reaction
- 1995-1997: Somalia Inquiry
- Departmental Reaction
to Somalia Inquiry
- Special Advisory
Group on Military Justice and Military Police
Investigation Services
January 1997 to July 1997
- The
Special Senate Committee on the Canadian Airborne
Regiment in Somalia (April 1997)
- Report to the Prime Minister on
the Leadership and Management of the Canadian Forces
(March 1997)
- Minister's
Monitoring Committee on Change in the Department of National
Defence and the Canadian Forces (October 1997 to 1999)
- Bill C-25--An Act to amend the National
Defence Act and to make consequential amendments to other
Acts
(Royal
Assent, 10 December 1998)
- 2003 -- Five Year Review of Bill
C-25
- 2011 -- Second Five Year Review
of Bill C-25
- Governments
Bills 1999-2012 on National Defence Act
- Current
Affairs -- Sexual Misconduct
- Court
Martial Comprehensive Review 2016-2017
- Laws,
Regulations and Orders
- Superseded
Legislation
Part II -- Canadian Military Law --
Bibliography
A-B--C-D--E-G--H-L--M-R--S-Z
------
Militia -- Lower Canada /
Milice -- Bas Canada
Militia -- Upper Canada /
Milice -- Bas Canada
An Act to extend the provisions
of an Act passed in the forty-eight year of His Majesty's reign,
intituled "An Act to explain, amend and reduce to
one act of Parliament the several laws now in being for the
rasiing and training the militia of this province": passed 6th
March 1812, (1812), available at http://www.archive.org/details/cihm_91049
(accessed on 20 January 2012);
An Act to amend, and reduce into one Act, the militia Laws of
this Province, passed 6th March 1838, available at http://books.google.ca/books?id=FGQvAAAAYAAJ&pg=PA24&dq=intitle:militia+intitle:act&hl=en&sa=X&ei=LgQYT5fqEoLs0gGzjMG1Cw&redir_esc=y#v=onepage&q=intitle%3Amilitia%20intitle%3Aact&f=false
and http://www.archive.org/details/cihm_46113
(accessed on 19 January 2012);
An Act to repeal, alter and
amend the militia laws of this Province, passed 11th May
1839, available at http://www.archive.org/details/cihm_46077
(accessed on 19 January 2012);
Militia -- Province of Canada (1840-1867) /
Milice -- Province du Canada (1840-1867)
Militia for Canada
(1867-1950) /
Milice du Canada (1867-1950)
This is a complex area of Canadian military law.
It helps to read some documents that summarize this topic:
Image source: legacy.com/obituaries/ottawacitizen/obituary.aspx?page=lifestory&pid=165538851
William Kenney
Some assistance on this arcane subject from Bill Kenney, former JAG Librarian: KENNEY, W. J. (William Joseph),
"History of Defence Legislation in Canada as it Applied to the Army", memorandum 1455-17 (Office of the Judge
Advocate General), 13 June 1979, 5 pages ; copy of this memorandum can be found in research file 79/725 at the
Directorate of History and Heritage (DHH), Ottawa; available at http://www.lareau-legal.ca/Kenney50.pdf (accessed 24 September 2017);
Some assistance from the former NDHQ/ Directorate of History:
a 1979 document from NDHQ/DHist (National Defence Headquarters /Directorate of History):
NATIONAL DEFENCE HEADQUARTERS, Directorate of History, "Military Publications -- The Canadian
Army [laws, regulations and orders]", Ottawa, 6 June 1979, 1 p.; since 1996, that NDHQ Directorate of
History is now known as the Directorate of History and Heritage (DHH); DHH's 's research
facilities are open to the public (certain days and hours) and are located on the 2nd floor of the Colonel
Charles P. Stacey Building, 2429 Holly Lane, Ottawa, Ontario; copy of this 1 p. document is from
research file 79/725 at these research facilities; available online at http://www.lareau-legal.ca/DHist1.pdf (accessed on 28 September 2017);
Army Act 1881, 1881(44 & 45
Vict.) C.
58, United Kingdom Statutes, available at https://www.scribd.com/document/319343930/Army-Act-1881
(accessed 28 September 2017); the long title of the Army
Act is An Act to consolidate the Army Discipline
and Regulation Act, 1879; and the subsequent Acts amending
the same;
The Army (Annual) Act, 1913, from the United Kingdom
Statutes, available at http://babel.hathitrust.org/cgi/pt?id=mdp.39015031059614;view=1up;seq=391
(accessed 15 January 2016);
----
An Act respecting the Militia and Defence of the Dominion of
Canada, 31 Vict., Cap. 40, 1868, available at http://books.google.ca/books?id=C0EUAAAAYAAJ&pg=PA63&dq=%22An+Act+respecting+the+Militia+and+Defence+of+the+Dominion+of+Canada
%22&hl=en&sa=X&ei=NskMT4GIBo610QGpwbDVBQ&redir_esc=y#v=onepage&q=%22An%20Act%20respecting%20the%20Militia%20and%20Defence%20of%20the%20Dominion%20of%20Canada%22&f=false
(accessed on 10 January 2012) / Acte concernant la Milice et la
Défense de la Puissance du Canada, 31 Vict., Cap. 40, 1868,
disponible à http://www.lareau-legal.ca/Milice1868.pdf
(vérifié le 11 janvier 2012);
An Act Consolidating and Amending the Several Acts Relating to
the Militia and Defence of the Dominion of Canada respecting the
Militia and Defence of the Dominion of Canada, 1883, S.C.
1883, c. 11 (under s. 100, the short title was The
Consolidated Militia Act of 1883; see books.google.ca/books?redir_esc=y&id=aGpFAQAAMAAJ&dq=an+act+consolidating+and+amending+the+several+acts+relating+to+the+militia&focus=searchwithinvolume&q=an+act+consolidating+and+amending+the+several+acts+relating+to+the+militia
(accessed 21 September 2017); available at https://books.google.ca/books?id=9Jg_AQAAMAAJ&pg=PA461&dq=%22an+act+consolidating+and+amending+the+several+acts+relating+to+the+militia%22+1883&hl=en&sa=X&redir_esc=y#v=onepage&q=%22an%20act%20consolidating%20and%20amending%20the%20several%20acts%20relating%20to%20the%20Militia%22%20&f=false
and see at p. 61 (accessed 21 September 2017);
An Act respecting the Militia and Defence of Canada,
Revised Statutes of Canada, 1906, chapter 41 (see p. 669 of volume
2), available at http://ia700304.us.archive.org//load_djvu_applet.php?file=19/items/revisedstatutes03canagoog/revisedstatutes03canagoog.djvu
(accessed on 11 January 2012);
Militia Act,
R.S.C. 1927, c. 132 / Loi de
milice, S.R.C. 1927, c. 132 (mis en ligne le 29
janvier 2012);
--------
image supplied
by Dale Cournoyer Books (Victoria, B.C.); add
on Abebooks:
Army Act (British) in Manual of Military Law (1907),
London: H.M.S.O, available at https://archive.org/details/manualofmilitary00greauoft
(accessed on 3 December 2013);
.
Canadian
Expeditionary
Force Study Group - "The Matrix Project" -- Legal Documents
Extracts from Canadian Army overseas routine orders, volumes I, II and III : overseas R.O. 1-2400, 1943, London : Canadian Military Headquarters, 1943, 20 Aug. 1943 ed., 288 pages : illustrations ; 34 cm, OCLC Number: 506083855; copy at Canadian War Museum;
Extraits de l'Army Act (loi de l'armě): articles 1 a 75,
traitant de la discipline en general, avec les modifications no
1 a 29 = Extracts from the Army Act: sections 1 to 75 (army
discipline) (with amendments 1-29), 1942, OCLC Number:
506015429; prepared in Canada; copy at Canadian
War Museum;
King's regulations and orders for the Militia of Canada (The), 1904, copy at the War Museum Library, call number: REF TECH UB 508 K5 1904; other titles for this publication are: Regulations and orders for the Militia of the Dominion of Canada; Regulations and orders for the active Militia; and Queen's regulations and orders;
King's regulations and orders
for Canadian militia 1910, Ottawa : [King's Printer?],
1910, xiii, 378 p., 22 cm; copy at York University, Osgoode Hall
Law School, Law Library, call number: KF 7305 C37 1910);
copy at Kingston University; copy at CWM LIBRARY / BIBLIOTHÈQUE DU
MCG : REF TECH UB 508 K5 1910;
The King's Regulations and
Orders for the Canadian Militia, 1917, available
at http://archive.org/details/KRO1917
(accessed
on 11 May 2012); also available at http://www.electriccanadian.com/forces/KRO1917_text.pdf
(accessed 15 August 2017); also available at https://archive.org/stream/KRO1917/KRO1917_djvu.txt
(accessed 22 September 2017);
This is a very rare book that is fundamental to researchers studying the Canadian Expeditionary Force in the Great War (World War One, WWI). Adapted from the British King's Regulations and Orders, this is the legal document that set the stage for the development of Canadian Militia Units at the start fo the Great War.
This is the first in a series of Great War reference documents to be posted to the Internet Archives as part of the work of the Canadian Expeditionary Force Study Group (http://www.cefresearch.com/phpBB2/). For additional information, please contact Richard Laughton at http://cefresearch.com/matrix/Utilities/contact.htm
The King's regulations and orders for the Canadian Militia, 1926, Ottawa : [Canadian Army], 1926, 8, 477 p.; copy at Library and Archives Canada; copy at the War Museum Library,
call number: REF TECH UB 508 K5 1926; see https://books.google.ca/books/about/The_King_s_Regulations_and_Orders_for_th.html?id=ibFFuAAACAAJ&redir_esc=y (accessed 22 September 2017);
----------
image
source: www.abebooks.com
The King's regulations and
orders for the Canadian Militia, 1939, Ottawa:
[Canadian Army], 1939, 409 p.; notes: Loose-leaf for updating;
copy at National Library; McGill University etc; copy at
Canadian War Museum Library, REF TECH UB 508 K5 1939; available at
https://babel.hathitrust.org/cgi/pt?id=uc1.$b72623;view=1up;seq=448
(accessed 22 September 2017) and https://babel.hathitrust.org/cgi/pt?id=uc1.$b72623;view=1up;seq=5
(accessed 8 April 2019);
The King’s Regulations and
Orders for the Canadian Army 1939 (as authorized by Order
in Council PC 2974 dated 29 Nov 1938, with amendments No. 1 dated
1 Apr 1939 to No. 137 dated 10 Jan 1949 inclusive). Ottawa: Edmond
Cloutier, King’s Printer and Controller of Stationery, 1947. (N.B.
originally entitled King’s
Regulations and Orders for the Canadian Militia 1939,
until it was renamed pursuant to Amendment No. 88 dated 30 Oct
1946);
Military Service Acts, [Ottawa] : [King's Printer], [date of publication not identified], 1 volume (various pagings) ; 25 cm, Notes: Acts covering period : 1922 - 1946. Spine title: Military Service Acts. OCLC Number: 506079158; copy at Canadian War Museum;
-----
Règlements et ordonnances à l'usage de la milice du Canada
(1887), 387 p., disponible à http://www.archive.org/details/rglementsetord00cana
(vérifié le 20 décembre 2011); also available at http://images.ourontario.ca/Partners/cbpl/CBPL1041371T.PDF
(accessed 30 October 2017);
Règlements et ordres pour la milice active les écoles d'instruction militaire et la milice de réserve (dans les cas y mentionnés), de la puissance du Canada: adoptés par le
gouverneur en conseil, le 4 mars 1870, et publiés dans la gazette du Canada, le 12 mars 1870, Ottawa : G.E. Desbarats, 1870; disponible à http://archive.org/details/cihm_93380
vérifié le 20 juin 2012); aussi disponible à (consulté le 21 Novembre 2017)
For a list of amendments on "Militia and Defense" from 1867 to
1914, see Blight, Harris H., The
Dominion Law Index
(https://archive.org/details/cu31924018095814) at pp.
304-305;
---
Images from ebay
Regulations and orders for the active militia, the schools of military instruction, and the reserve militia (in the cases therein mentioned), of the Dominion of Canada [microform] : adopted by the Governor
in Council, 4th March, 1870, and published in the official gazette, 12th March, 1870, Ottawa : G.E. Desbarats, 1870, 4 1/2 x 5 1/2 inches bound in black leather with brass clasp. 171, 171 pages. Printed in both English and French; available at http://archive.org/details/cihm_93379 (accessed on 20 June 2012);
Regulations and orders for the militia of the Dominion of
Canada, 1879: 3 copies; 1883, 2 copies; 1887, 3
copies , Last received issue 1879:c.3 - [ 26/04/17 ]; copy
at the CWM (Canadian War Museum) LIBRARY / BIBLIOTHÈQUE DU
MCG (Musée canadien de la guerre):RARE UB 508 R44; for the
1879 edition there is also a copy at the Law Society of Upper
Canada, Great Library--See Reference
Staff (Riddell Room), KF 7330
C36 1879;
Image source: http://eco.canadiana.ca/view/oocihm.9_01952/3?r=0&s=1,
accessed 21 September 2017
Regulations and orders for the militia of the Dominion of
Canada, 1st September, 1883, Ottawa : B. Chamberlin,
1883, [ii], 318 p., forms, 13 cm; CIHM/ICMH Digital
series no. 9_01952; notes: "Approved by the Governor in
Council, 17th December, 1883 and published in the 'Canada Gazette'
of 22nd December, 1883"; available at http://eco.canadiana.ca/view/oocihm.9_01952/3?r=0&s=1
in the Early Canadiana Online Collection; (accessed 7 March 2015);
Regulations and orders for the militia of the Dominion of
Canada, 1st September, 1887, Ottawa : B. Chamberlin,
1887, 378 p., forms, 14 cm; CIHM/ICMH Digital series
no. 9_01951; available at http://images.ourontario.ca/Partners/cbpl/CBPL1041371T.PDF
(accessed 13 December 2017); also available at http://eco.canadiana.ca/view/oocihm.9_01951/2?r=0&s=1
(accessed 8 April 2019);
Image
source: www.google.com -- image search CANADIAN ARMY, Extracts
from Manual of Military Law, 1929: Reprinted for Use in the
Canadian Army, 1941 (Reprinted in Canada February, 1941, by the
permission of the Controller, His Majesty's Stationery Office)
Ottawa: Edmond Cloutier, King's Printer, 1943, 1 v. (various
pagings); copy at the Library and Archives Canada; copy at the
University of Ottawa, Fauteux UB 505 .A2 1943;
- Table
of Contents;
- Index;
- pp. i-viii
and 1-256;
- pp.
426-606;
- pp.
611-794;
- pp.
908-1068A (Index)
FRANÇAIS :
ARMÉE CANADIENNE, Extraits du Manuel de
Droit militaire 1929 - Nouveau tirage à l'intention de l'armée
canadienne 1941 (nouveau tirage fait au Canada, comportant les
modificatifs 1 à 31, en avril 1943, avec l'autorisation du
contrôeur du Bureau de papeterie de Sa Majesté), Ottawa:
Edmond Cloutier, Imprimeur de la Reine, 1943, pagination multiple;
note sur la copie couverture: "Traduit de l'anglais sous la
direction du chef d'état-major général Canada"; copie à la
Bibliothèque et Archives Canada; copie à l'Univertsité d'Ottawa,
UB 505 .A25 1943;
- Table
des matières;
- Index;
- pp. i-viii
et 1-256;
- pp.
426-605;
- pp.
611-794;
- pp.
908-1062 (Index);
source:
https://archive.org/details/governmentpublications?&and[]=t%20defence
Defence of Canada Regulations (Consolidation) 1940,
Ottawa: King's Printer, 1940; available at https://archive.org/details/defenceofcanadar1940cana
(accessed 12 May 2015);
Image source: alternativeservice.ca/uncertainty/additional/NationalWarServicesRegulationsCover.htm,
accessed 10 April 2019
DEPARTMENT OF NATIONAL WAR SERVICES, National war services regulations, 1940
(recruits): (consolidation 1941), Ottawa : Dept. of
National War Services : Edmond Cloutier, Printer to the King's
Most Excellent Majesty, 1941, 28, 28 p. ; 23 cm.;
notes: "Approved by Order in Council P.C. 1822 of March
18th, 1941"; "Text in English and French; French text on inverted
pages"; copy at National Library;
FRANÇAIS :
MINISTÈRE DES SERVICES NATIONAUX DE GUERRE, Règlements de 1940 sur les services
nationaux de guerre: (codification de 1941), Ottawa :
Ministère des services nationaux de guerre : Edmond
Cloutier, Imprimeur de Sa très excellente majesté le roi, 1941,
28, 28 p.; 23 cm.; notes: "Approuvés par l'Arrêté-en-Conseil
C.P. 1822, en date du 18 mars 1941."; " Textes français et anglais
disposés tête-bêche";
Canada Military Service Council, Loi du Service Militaire, 1917; manual pour l'information et la gouverne des tribunaux dans leurs délibérations et revision des demandes d'exemption, 1918, 119 p. 8vo;
Military Service Act 1917, available at http://www.archive.org/details/MilitaryServiceAct1917canada
(accessed on 29 February 2012);
New Defence Bill, [Canada : s.n., 1902?], 12 p. ; 28 cm., OCLC Number: 1007737462; copy at Archives and Library Canada; title noted on 21 May 2018;
Proclamations and Orders in Council Relating to the War
(1939-1945), available at https://archive.org/details/governmentpublications?and[]=subject%3A%22War+and+emergency+legislation%22
(accessed 29 August 2016); see also for further research https://catalog.hathitrust.org/Record/010309452
(accessed 9 April 2019);
------
Department of National
Defence /
Ministère de la Défense nationale
Department of National Defence Act, 1923;
Department
of
National Defence Act, R.S.C. 1927, c. 136 / Loi du
ministère de la Défense nationale, S.R.C. 1927, ch.
136;
Research note 1:
The National Defence Act was an act of Canadian Parliament in 1923 that merged
the Ministry of Militia and Defence with the Ministry of the Naval Service and the newly
created Ministry of Aviation into one ministry, the Ministry of National Defence.
The ministry was headed by the Minister of National Defence.
[source: https://www.canadiansoldiers.com/procedures/regulations.htm, accessed 6 April 2019]
Rsearch note 3:Passed in 1922, and in force as of January 1, 1923, it [the Department of National Defence Act] created the
Department of National Defence by merging the Department of Militia and Defence with the Department of
the Naval Service and the Air Board.
[Wikipedia, accessed 9 April 2019]
--------The Department of Militia and Defence was the department responsible for military land forces in Canada from 1906 to 1921.
The Minister of Militia and Defence was in charge of this department.It was created in 1906 when the British Army withdrew its forces stationed in Canada and remained in place to support the
Permanent Active Militia and Non-Permanent Active Militia, the name for Canadian land forces.In 1921 the Royal Canadian Navy was transferred to the Department of Militia and Defence from the
Department of Marine and Fisheries and the Naval Service. In the same year, the department was renamed the Department of
Militia and Defence and the Naval Service. In 1922 the name of the department was changed to the
Department of National Defence with the merger of the Air Board.
[source: https://en.wikipedia.org/wiki/Department_of_Militia_and_Defence, accessed 9 April 2019]
Some assistance from the former NDHQ/Directorate of History:
A 1979 document: NATIONAL DEFENCE HEADQUARTERS, Directorate of History,
"Military Publications -- The Royal Canadian Air Force [laws, regulations and orders]", 12 June 1979, 1 p.;
since 1996, that NDHQ Directorate of History is now known as the Directorate of History and Heritage
(DHH) ; this directorate's research facilities are open to the public (certain days and hours) and are
located on the 2nd floor of the Colonel Charles P. Stacey Building, 2429 Holly Lane, Ottawa, Ontario;
copy of this 1 p. document is from research file 79/725 at these research facilities; available online at
http://www.lareau-legal.ca/DHist2.pdf (accessed on 26 September 2017);
Extracts from the manual of Air
Force Law: Canadian consolidation, prepared for use in the Royal
Canadian Air force, Ottawa : Edmond Cloutier, King’s
Printer, 1944, 984 p. in various pagings ; 23
cm..(series; ( Canadian air publication (C.A.P.) ; no.
3.); copy at Dalhousie Law Library; also copy at Canadian War
Museum LIBRARY / BIBLIOTHÈQUE DU MCG : REF TECH UB 507.A53 E9
1944; NOTES: "... referred to as M.A.F.L.
(Can.)."--Foreword. "... consolidation ... under the general
direction of Brigadier R.J. Orde."--Foreword;
Regulations for the Canadian air force and the Air board act :
(cap. 10, Geo. V, c.11), August 31, 1920, Ottawa : Government
printing bureau, 1920, 196 p., copy at Toronto Public Library,
Reference S-MR, 358.9 C12;
King's regulations for the Royal Canadian Air Force, 1924,
[Ottawa :King's Printer], 1941, 493 p.; notes: "Reprinted 1941
with amendments up to and including A.F.G.O. No. 42/1941.";
available at https://babel.hathitrust.org/cgi/pt?id=uc1.b3114913;view=1up;seq=6
(accessed 8 April 2019);
King's regulations for the
Royal Canadian Air Force, 1946, Ottawa :Edmond Cloutier
King's Printer, 1946;
Royal Canadian Air
Force Act, S.C.,
1940, c. 15 / Loi sur le Corps
d'aviation royal canadien, S.C. 1940, ch. 15; (mis en
ligne le 23 janvier 2012);
ROYAL CANADIAN AIR FORCE, The
Queen's regulations and orders for the Royal Canadian Air Force,
Ottawa : Royal Canadian Air Force, [19--]; NOTES: Includes
Amendments. Vol. 1 -- Administration : Vol. II --
Disciplinary : Vol. III -- Financial; copy at the Canadian War
Museum, Hartland Molson Library, call number: 1-3 UG 635 C2 A13
1952; first issued in 1952;
ROYAL CANADIAN AIR FORCE, Air force administrative orders, [Ottawa : Queen's Printer, 1958-1964], 5 v. (various pagings) ; 28 cm., CWM LIBRARY / BIBLIOTHÈQUE DU MCG : REF TECH UG 635 C3 A26 1958-1964, volume 1 to 5;.
------
Royal Canadian Navy (4 May 1910-1 February 1968)
Some assistance from the following:
a 1979 document: NATIONAL DEFENCE HEADQUARTERS, Directorate of History,
"Military Publications -- The Royal Canadian Navy [laws, regulations and orders]", 30 May 1979, 2 p.;
since 1996, that NDHQ Directorate of History is now known as the Directorate of History and Heritage
(DHH) ; this directorate's research facilities are open to the public (certain days and hours) and are
located on the 2nd floor of the Colonel Charles P. Stacey Building, 2429 Holly Lane, Ottawa, Ontario;
copy of this 2 p. document is from research file 79/725 at these research facilities; available online at
http://www.lareau-legal.ca/DHist3.pdf (accessed on 26 September 2017);
Some excellent intellectual help from Sarty, Roger, "The Naval Service Act", The Canadian Encyclopedia, available at
http://www.thecanadianencyclopedia.com/en/article/naval-service-act/ (accessed 26 September 2017) -- note: includes a "suggested
reading bibliography"
A very useful resource is C.P. Stacey, Arms, Men and Governments The War Policies of Canada, 1939-1945, Ottawa: Queen's Printer, 1970, and see
"Legal Relationships and Control of Naval Discipline", at pp. 324-325, available at http://publications.gc.ca/collection_2009/forces/D2-5569E.pdf (accessed 6 April 2019)
The Naval Discipline Act, 1866 and the Acts in amendment
thereof passed by the Parliament of the United Kingdom; its
application to Canada was repealed by the Naval Service Act,
1944 section 122;
The Naval Discipline (Dominion Naval Forces) Act, 1911 passed by the Parliament of the United Kingdom; its application to Canada was repealed by the Naval Service Act, 1944 section 122;
The Naval Service Act, 1910,
- An Act respecting the Naval Service of Canada : Bill 95 // Canada, An Act respecting the Naval Service of Canada : Bill 95, At head of title: 2nd Session, 11th Parliament, 9-10, Edward VII., 1909-10, Stewart Collection,
copy at the Canadian War Museum, Hartland Molson Library/Musée canadien de la guerre, Bibliothèque Hartland Molson, call number: FOLIO VB 370 C36 1910;
The Naval Service Act, 1927 Revised Statutes of Canada,
chapter 139; its application to Canada was repealed by the Naval
Service Act, 1944 section 122;
The Naval
Service Act, 1944, Statutes
of Canada, 1944-45, chapter 23, in force 15 October 1945, see Canada Gazette, vol. 79, p.
4487 / Loi de
1944 sur le service naval, Statuts du Canada, 1944-45,
chapitre 23, en vigueur le 15 octobre 1945, voir la Gazette du Canada, vol. 79,
p. 4553;
"This Act replaces The Naval Service Act, chapter 139 of the Revised statutes of Canada, 1927, and The Naval
Discipline Act, 1866, of the United Kingdom in so far as the latter applied to Canada."
[http://amicus.collectionscanada.ca/aaweb-bin/aamain/itemdisp?sessionKey=1506531031052_142_78_200_14&l=0&lvl=1&v=0&itm=43831376&rt=1&bill=1]
ROYAL CANADIAN NAVY, The
King’s Regulations and Admiralty Instructions for the Government
of His Majesty’s Naval Service: reprinted for use H.M. Canadian
Naval Forces, 2 volumes and index, Ottawa, 1942;
ROYAL CANADIAN NAVY, The
King’s Regulations and Admiralty Instructions for the Government
of His Majesty’s Naval Service: reprinted for use H.M. Canadian
Naval Forces, 3 volumes and index, Ottawa, 1951;
ROYAL CANADIAN NAVY, Uniform
Royal Canadian Navy, Ottawa : Queen's Printer, 1954-;
Note: The King's Regulations and Admiralty Instructions of
the United Kingdom; its application to Canada was repealed
by the Naval Service Act, 1944 section 122;
The Queen's Regulations and Orders for the Royal Canadian Navy,
3 volumes, Ottawa: Edmond Cloutier Queen's Printer, 1952;
Regulations and instructions for
the Royal Canadian Navy, reprint 1942 : with corrected complete
index and with all amendments up to and including 31 December,
1941 / Dept. of National Defence, Ottawa : E. Cloutier,
Printer to the King, 1942, 291 p., 25 cm;
Regulations and instructions for the Royal Canadian Navy, 1940, Ottawa : J.O. Patenaude, I.S.O., Printer to the King, 1940; copy at Library and Archives Canada;
Regulations and instructions for the Royal Canadian
Navy, Ottawa : E. Cloutier, Printer to the King, 1940;
copy at Library and Archives Canada;
------
National Defence Act (since
1950) /
Loi sur la défense canadienne (depuis 1950)
Brooke Claxton
CLAXTON, Brooke, House of Commons:
statement before first reading of Bill No. 133, respecting national defence, 18 April 1950, available at https://www.lipad.ca/search/?q=National+Defence+Act+other+place&pol=&par=&sd_year=1948&sd_month=1&sd_day=1&ed_year=1950&ed_month=5&ed_day=23 (accessed 2 June 2018):
I should like to call the attention .of the committee to the fact that the defence bill alone is the largest single measure to be put before
parliament since the session National Defence of 1934. I do not believe that many of its provisions are controversial. Certainly when
it was discussed-and it was thoroughly discussed in the other place last session- it was not evident that there was much in it that was
the subject of controversy. What we would want to do would be to see that the measure received detailed consideration and we would
hope that, in consequence of that consideration, the measure might be substantially improved. While it has had, as I have indicated,
extensive consideration in the department, also by officers of the crown and by a committee and the chamber itself in the other place,
there is still room for improvement in this bill. Our hope would be that we would work together to make it the best possible piece of
legislation of its kind to be found anywhere. In its preparation we have had the advantage of similar work being carried on in the United
States and in the United Kingdom. In the United Kingdom a committee called the Lewis committee was set up to report on proposed
changes in court martial procedure. In the United States there was also a committee set up which resulted in legislation being proposed
which is still before the courts. We have had the advantage of considering both the report of the Lewis committee in the United Kingdom
and the steps that have been taken in the United States. This bill, in its preparation, I think has gone through no less than some eleven
complete redrafts and has been subjected to examination not only by the legal advisers of the department but also by senior officers in
the services; and on a number-of occasions it has received the consideration of the chiefs of staff committee. It was considered by a
special subcommittee of the cabinet, and I think I myself have been through five or six of the drafts completely. While the bill has had
that study, I again emphasize the fact that we do not think it is perfect; and we would hope that hon. members would sit down with us
and endeavour to make every possible necessary change in it. The purpose of the legislation is far more than simply to consolidate existing
defence measures. The purposes are: (1) to include in one statute all legislation relating to the Department of National Defence and the
Canadian forces; (2) to have a single code of service discipline so that sailors, soldiers and airmen will be subject to the same law; (3) to
make all legislation applicable to service personnel Canadian legislation; (4) to obtain uniformity in the administration of service justice;
National Defence (5) to provide a right of appeal from the findings and sentences of courts martial; (6) to abolish field general courts martial;
(7) to provide for a new trial on the discovery of new evidence; (8) to provide in the administration of the department more efficient and
expeditious means for the transaction of routine business: (9) to establish the position and functions of the chiefs of staff; (10) to abolish,
as obsolete, provisions for levee en masse and enrolment by ballot; and (11) to authorize the employment of regular forces to meet a national
disaster, such as a major flood, and to permit the use of reserve forces for these purposes. This measure, which will be introduced once the
resolution is carried and the bill receives first reading, contains all the amendments made in the other place, and a number of minor technical
changes proposed by the legal advisers of the government and of the department in consequence of subsequent study. However, these are
not matters of substance, and can be explained in detail when the bill is before the committee. I do ask the committee now if they would not
agree to receive first reading of the bill so that it can be distributed. Our hope would be that for the reasons I have given there would not be
too extensive a debate and we might proceed to the setting up of the committee before the session gets too well advanced, so ' that this very
important bit of legislation can receive consideration at this session of parliament.
-------
second reading of Bill No. 133, respecting national defence, 16 May 1950, available at https://www.lipad.ca/full/1950/05/16/6/#1601558 (accessed 2 June 2018):
1 do not wish to delay the house further in its consideration of this measure beyond making a few remarks to outline the history of
this type of legislation. The first Militia Act of Canada was passed in 1868, the year after confederation, as chapter 40 of the statutes
of that year. The act has been revised on a number of occasions but there has been very little substantial change. The present Militia
Act is chapter 132 of the revised statutes of 1927. The antiquity of the measure may be appreciated when I recall that, until the
passage of an amendment that I introduced in 1947, the Militia Act referred to pack animals but made no mention of aircraft.
The Militia Act in its present form does not contain a code of discipline for the Canadian army but by reference incorporates into
Canadian law the Army Act of the United Kingdom.Turning to the legislation relative to the navy, the first Naval Service Act was passed in 1910 as chapter 43 of the statutes of that
year. It remained in substantially the same form in which it was passed until 1944 when, by chapter 23 of the statutes of that year,
a completely new act was passed. That statute introduced a Canadian naval disciplinary code. This was the first Canadian code to
apply to one of the three armed services, and it has been used as the basis for drafting many of the provisions of the present bill.The first legislation dealing specifically with the air force was the Air Board Act of 1919, later known as the Aeronautics Act.
This act dealt with both civil and military aviation. The expanded activities of the Royal Canadian Air Force in the late war
resulted in the enactment of the Royal Canadian Air Force Act in 1940. Unlike the Naval Service Act, but following the
precedent of the Militia Act, this act contained no disciplinary code. As in the case of the Canadian army, discipline in the
air force is governed by the Air Force Act of the United Kingdom which was made a part of air force law by incorporation.Under the Militia Act, the Naval Service Act and the Air Board Act each of the Canadian forces was administered separately.
The department of militia and defence dealt with the army, the department of naval service with the navy, and the air board
with the air force. In 1922 the Department of National Defence Act was passed creating a new department to deal with the
hree services. This act was chapter 34 of the statutes of 1922, and came into force by proclamation on January 1, 1923.
The Department of National Defence Act has been amended on four different occasions. The principal amendment, made in
1940, provided for the appointment of additional ministers of national defence.Experience gained during the last war showed clearly the need for more unified control and greater uniformity in the three
services. Further, the present position and status of Canada make it undesirable to depend for the discipline of our army
and air force upon legislation enacted by a legislative body not responsible to the people of Canada. Accordingly, soon after
becoming minister I directed that work be commenced on the preparation of a single all-embracing Canadian statute to include
a common disciplinary code applicable to all three services.
DEPARTMENT OF NATIONAL DEFENCE, The National Defence Act : Explanatory Material,
[Ottawa]: National Defence Headquarters, 1950, 322 p., 37 cm;
Notes: "NDHQ 1 Nov. 50", I, François Lareau, obtained a pdf copy
file of this document on 26 January 2012 under Access to
Information Act Request-- DND reply letter file A-2011-01093/Team
4-2, 24 January 2012; the file also include a table of
concordance of the National
Defence Act for the years 1950, 1952, 1970 and 1985; explains the sources of the National
Defence Act provisions; copy at the JAG Library, Ottawa and
also a copy at the Canadian War Museum, Hartland Molson Library,
call number UA 600, 325 p.; copy available at http://www.lareau-legal.ca/NDAExpMat.pdf
--THIS
IS A BIG FILE -- BE PATIENT! (put on line on 27 January 2012);
National Defence
Act , S.C. 1950, c. 43 / Loi sur la défense
nationale, S.C. 1950, c. 43;
National Defence Act, R.S.C. 1952, c. 184 / Loi sur la
défense nationale, S.R.C. 1952, ch. 184;
National Defence Act, R.S.C. 1970, c. N-4 / Loi sur la défense nationale, S.R.C. 1970, ch. N-4; available at / disponible à http://www.archive.org/details/revisedstatutes197005uoft (accessed on 11 January 2012);
PARLIAMENT, House of Commons, Special Committee on Bill No. 133
An Act Respecting National Defence, Minutes of Proceedings
and Evidence: Special Committee on Bill No. 133 on Act
Respecting National Defence, Ottawa: Edmond Cloiutier, King's
Printer, 1950; eight numbers, No. 1 dated 23 May 1950 to No. 8
dated 6 June 1950, 360 p.; copy at the Library of Parliament, call
# J103 H7 1950 D4 A1 and at Library and Archives Canada; the
wallet of the Special Committe is located at the Library and
Archives Canada, Record Group # 14, 1987-88/146, Box 58
which contains the reports to the House, amendments, exhibits and
minutes; there is a Microfiche. [Toronto] : Micro Media Limited,
[1995?] -- 5 fiches ; 11 X 15 cms at the University of
Ottawa, Off-Campus
Storage - Annex CA1 XC2 N14a 212; other
information for research: Canada, Parliament, House of Commons,
Special Committee on Bill no. 133, An Act respecting National
Defence, Minutes of Proceedings and Evidence.
May 23 [21st Parliament, 2nd
session] - June 6, 1950 [21st
Parliament, 2nd session], King's Printer 1950,
see https://books.google.ca/books/about/Minutes_of_Proceedings_and_Evidence_May.html?id=_oGrtAEACAAJ&redir_esc=y
(accessed 21 May 2018); see also fonds at National Defence
Headquarters Directorate of History and Heritage: Fonds 2007/16 -
Special Committee on Bill No. 133, An Act Respecting National
Defence fonds, 3.5 cm of textual records, see https://www.archeion.ca/special-committee-on-bill-no-133-act-respecting-national-defence-fonds
(accessed 21 May 2018); copy also at the Department of
Justice Canada, Supreme Court of Canada, Guelph University,
University of Toronto Robarts Library
FRANÇAIS :
PARLEMENT, Chambre des communes, Comité spécial chargé d'étudier
le Bill 133 intitulé Loi concernant la défense nationale,
Procès-verbaux et témoignages, Ottawa Edmond Cloutier, 1951, 8
fascicules (le 1er est du mardi le 23 mai 1950); les témoins: MCM
Drury, sous-ministre de la Défense nationale, le commandant P.H.
Hurcomb, le brigadier W.J. Lawson, Juge-avocat général, le
commndant d'escadre H.A. McLearn, et les majors J.H. Raedy
et la Major W.P. McClemont; Note de recherche de François Lareau:
Il existe une copie de ces procès-verbaux à la Librairie du
Parlement, no de cote J103H7 D4 A1 et à la Bibliothèque
et Archives Canada; le dossier du Comité spécial se trouve aux
Archives nationales, Ottawa, Record Group # 14, 1987-88/146, boîte
58 et il contient les rapports à la Chambre des communes, les
amendements, les pièces et les procès-verbaux; on retrouve
également une copie des huit fascicules en français à la
Bibliothèque Brian Dickson, de la Faculté de droit de l'Université
d'Ottawa, University of Ottawa, FTX
Parliamentary Doc, CA1 XC2 D25F,
fasicules que j'ai consultés en personne pendant le mois de mai
2018; VERY IMPORTANT DOCUMENT!
[Research materiel]
Mr. Claxton then moved,--That a Special Committee be appointed to con: sider Bill No. 133, An Act respecting National Defence; with power to send for persons, papers and records and to report from time to time; and that the said Committee consist of Messrs. Adamson, Balcer, Bennett, Blackmore, Blanchette, Campney, Cavers, Claxton, Dickey, George, Gillis, Harkness, Henderson, Higgins, Langlois (Gasp), Lapointe, Larson, McLean (Huron- Perth), Pearkes, Roberge, Stick, Thomson, Viau, Welbourn and Wright; and that Standing Order 65 (1) be suspended in relation thereto. And after Debate thereon, the question being put on the said motion; it was agreed to. By unanimous consent, Mr. Claxton then moved,--That Bill No. 133, An Act respecting National Defence; and Bill No. 134, An Act to amend the Militia Pension Act and change the Title thereof, be referred to the Special Committee appointed to consider B,_'ll No. 133, An Act respecting National Defence, and that the Committee be empowered to consider the said Bills. And the question being put on the said motion; it was agreed to.
[source: https://archive.org/stream/hcc92195000uoft/hcc92195000uoft_djvu.txt, and
https://archive.org/details/hcc92195000uoft accessed 21 May 2018]
---------
At six o'clock, p.m., Mr. Speaker took the Chair. By leave, the House reverted to "Presenting Reports by Standing and Special Committees", under "Routine Proceedings". Mr. Campney, then, from the Special Committee appointed to consider Bill No. 133, An Act respecting National Defence, presented the Third Report of the said Committee, which is as follows: -- Pursuant to the Order of Reference of 16th May, 1950, your Committee has considered the following Bills and has agreed to report them with amend- ments, viz: Bill No. 133, An Act respecting National Defence. Bill No. 134, An Act to amend the Militia Pension Act and change the Title thereof. A reprint has been ordered of the said Bills Nos. 133 and 134, as amended. A copy of the Minutes of Proceedings and Evidence taken in respect of the tvo above-mentioned Bills, and also in relation to Bill No. 221, An Act to pro- vide for the Payment and Distribution of Prize Money, reported upon on June 2, 1950, is tabled herewith. (For Minutes of Proceedings, Evidence, etc., accompanying said Report, see Appendix to the Journals, No. 5)
[source: https://archive.org/stream/hcc92195000uoft/hcc92195000uoft_djvu.txt, and
https://archive.org/details/hcc92195000uoft accessed 21 May 2018]
Available at https://archive.org/details/canadawarorderregs
(accessed 8 March 2020);
General Orders were the means by which were the means by which Regulations, Orders, and other types of instructions or information were promulgated and issued to the Canadian Army, on the authority of the Minister of Militia and Defence until 1921 and the Minister of National Defence thereafter, by Command of the Adjutant-General.
General Orders covered a wide range of topics, including the authorization of insignia, amendments to the King's Regulations and Orders (later Queen's Regulations and Orders, Localization of Units, War Establishments, etc.
General Orders were numbered within the year they were introduced. They also sometimes specified a date from which they were considered to take effect.
For example, General Order 12/1922 (Effective 13 Jan 1922) was the 12th General Order promulgated in the year 1922, taking effect from the 13th of January that year.
The short form would be "G.O. 12/1922".
The first
General Order was issued on 1 January 1898.
General
Orders were superceded by Canadian Army Orders in Jan 1947, and
the last General Order was G.O. 295/46 dated 30 Dec 1946."
[source:
https://www.canadiansoldiers.com/procedures/regulations.htm,
accessed 6 April 2019]
ON GENERAL ORDERS, see also:
a 1979 document from NDHQ/DHist (National Defence Headquarters /Directorate of History):
NATIONAL DEFENCE HEADQUARTERS, Directorate of History, "Military Publications -- The Canadian
Army [laws, regulations and orders]", Ottawa, 6 June 1979, 1 p.; since 1996, that NDHQ Directorate of
History is now known as the Directorate of History and Heritage (DHH); DHH's 's research
facilities are open to the public (certain days and hours) and are located on the 2nd floor of the Colonel
Charles P. Stacey Building, 2429 Holly Lane, Ottawa, Ontario; copy of this 1 p. document is from
research file 79/725 at these research facilities; available online at http://www.lareau-legal.ca/DHist1.pdf (accessed on 28 September 2017);
and then replaced by Canadian Forces Organization Orders (CFAOs) in 1964 and now being replaced by DAODs
Canadian Army Orders were the means by which Regulations, Orders, and other types of instructions or information were promulgated and issued to the Canadian Army, on the authority of the Minister of National Defence, by command of the Adjutant-General.
Canadian Army Orders covered a wide range of topics, including the authorization of insignia, amendments to the King's Regulations and Orders (later Queen's Regulations and Orders), Localization of Units, War Establishments, etc.
Canadian Army Orders were divided into chapters, sections and paragraphs. For example, Canadian Army Order No 33-1 was entitled BATTLE HONOURS - UNITED NATIONS OPERATIONS - KOREA 1950-53 and promulgated in the late 1950s. It was the first section of chapter 33.
The
number of the paragraph or section was unrelated to the date of
issue.
Source: wartimecanada.ca/document/world-war-i/service-documents/militia-orders-1914, accessed 7 April 2019
General Orders covered a wide range of topics, including the authorization of insignia, amendments to the King's Regulations and Orders (later Queen's Regulations and Orders, Localization of Units, War Establishments, etc.Format
General Orders were numbered within the year they were introduced. They also sometimes specified a date from which they were considered to take effect.
For example, General Order 12/1922 (Effective 13 Jan 1922) was the 12th General Order promulgated in the year 1922, taking effect from the 13th of January that year.
The short form would be "G.O. 12/1922".
The first General Order was issued on 1 Jan 1898.
General Orders were superseded by Canadian Army Orders in Jan 1947, and the last General Order was G.O. 295/46 dated 30 Dec 1946.
Sources for orders:
- https://www.canadiansoldiers.com/procedures/regulations.htm,
accessed 6 April 2019
- source: https://www.archeion.ca/canadian-army-orders-2010-8, accessed 7 April 2019]NATIONAL DEFENCE HEADQUARTERS, Directorate of History, "Military Publications -- The Canadian
Army [laws, regulations and orders]", Ottawa, 6 June 1979, 1 p.; since 1996, that NDHQ Directorate of
History is now known as the Directorate of History and Heritage (DHH); DHH's 's research
facilities are open to the public (certain days and hours) and are located on the 2nd floor of the Colonel
Charles P. Stacey Building, 2429 Holly Lane, Ottawa, Ontario; copy of this 1 p. document is from
research file 79/725 at these research facilities; available online at http://www.lareau-legal.ca/DHist1.pdf (accessed on 28 September 2017);
