SERVICE ACTIF
69, Le gonverneur en conseil peut mettre la milice, ou toute partie de la milice en service actif partout dans le Canada ct en dehors du Canada, pour la défense de ce
dernier, en quelque temps que ce soit où il paraît à propos de le faire à raison de circonstances critiques.
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71. Lorsque le gouverneur en conseil met la milice, ou quelque partie de la milice, en activité de service, si le parlement n’est pas alors en session par suite d’un ajournement ou d'une prorogation à une date qui ne doit pas arriver avant dix jours, il est lancé une proclamation convoquant les chambres dans le délai de quinze jours, et le parlement, en conséquence, se réunit et siège le jour fixé par cette proclamation, et
continue à siéger et à agir comme s'il avait été ajourné ou prorogé au jour en dernier lieu mentionné.
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73. E:. temps de guerre nul n’est tenu de servir en campagne d’une manière continue pendant plus d’une année; mais
(a) tout homme qui s'engage volontairement à servir pour la guerre ou pour toute période de plus d’une année, est tenu de remplir son engagement; et
(b) le gouverneur en conseil peut, néanmoins, dans le cas de nécessité inéluctable, nécessité dont le gouverneur en conseil est le seul juge, obliger tout milicien à continuer de servir au delà de son année de service cn campügne, pendant une période d’au plus six mois.
2. Le présent article ne s’applique pas à la troupe permanente.
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Débats sur la Loi de 1904 (:)
Le 11 juillet 1904, en comité général, sur l'autorité du Roi et du Gouverneur général :—
++... Every one knows that ‘Governor General’ means ‘Governor General in Council”. So far as the control of the army, in England is concerned, THE KING HAS NO AUTHORITY, DIRECT OR INDIRECT. AND THE SAME IS TRUE OF CANADA. “The King can do no wrong,” because the King acts upon the advice of his responsible ministers.
Mr. BOURASSA. Of course, there is no dispute as to that...... (6380-6381).
Mr. FITZPATRICK.......... If you are going to add the words ‘and shall be exercised and administered by His Majesty or by the Governor General in Council * you are adding words that are of no value, because ‘ HIS MAJESTY” means necessarily ‘HIS MAJESTY ACTING UNDER THE ADVICE OF HIS MINISTERS”. “ HIS MAJESTY ” HAS NO OTHER MEANING UNDER OUR CONSTITUTION. There is always of course the personal prerogative of the sovercign with respect of the control of the army, but it is one of those which has heen encroached upon to such an extent by modern parliaments that now practically it is never exercised, except under the control of parliament. Otherwise the doctrine ‘the King can do no wrong” would not prevail. If Her Majesty had been personnally responsible for the conduct of the Boer war, criticism would have bcen directed against her, but IT 18 ALWAYS THE IMPERSONAL PERSON KNOWN AS HER MAJESTY WHO ACTS THROUGH THE COUNCIL. (6407-6408).
(1) Extraits des Debates of the House of Commons. Le chiffre de la colonne est indiqué après chaque citation.
Le 12 juillet 1904, en comité général:
Mr. MACLEAN, the Canndjan militia
Sir FREDERICK BORDEN. They volunteered for service and were sent out as imperial troops under à special agreement with the impertal government. pertly p:.14d by government, and the Militin t organized those
e under the Militia Act at all.
active miltia of Canada, under this proposed Act, could
Sir FREDERICK
0 Dé ÉÉCCRE © O7 PRE RER ES ONE RS CR TRE ER RS UE de
Mr. MACLEAN. I would under the old section for the defence
law that is strictiy prohibited.
Sir FREDERICK BORDEN. No. I am advised, and Was advised at the time of the South African trourle, for instance, that under the law we could not do that,
Mr. SAM HUGHES. Could not do what?
thy with the idea which, as I said, e Lpner Country and the militia of every one of the colonies where you will find precisely the same clause. —(6494-95
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Mr. OSLER. What js the meaning of the words “for the defence of Canada?”
8}+ FREDERICK BORDEN. puppose that Canada were invaded it might be the very best means of defence to immediately send an army into foreign territory.
Mr. OSLER. Quite s0, but is not the existing law better and more definite; which says: E “Her Majesty may call out the militia, or any part thereof, for active service either Within or without Canada, at any time that it appears advisable to do s0, by reason of war, &c.” -
during the litia, enrolled only to serve eered for service in South Africa. —(6500)
FN ARTE Ne RP SU VE LE ..
Le 1er août 1904, en comité général :—
Sir FRELERICK BORDEN: ....The troops we der the militia law at all. They were sent under a lunteers. The same thing could under the militia law, either as no essential difference.
(1) Devenue l’article 69 de la Loi.
(2) Mr. Gourley.
18 essentially the same in that respect as it was before, the object being to make cleer actual intention... ., (8079)
limited in r service to the particular part of the empire in which they live. I have taken the trouble to examine the old militia laws of the different provinces which made up the Dominion of Canada, and in every one of those provinces we find the same Mimi.
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parliament summoned within fifteen days? Is not that a sufficient safeguard s0 far as
encsras the use to which the militia might be put? It seems to me to be the greatest
possible safeguard, and a proper safeguard, because in parliament you have the voice
of the country acting upon the government and directing them in what the will of the country is.
Sir FREDERICK BORDEN. I have explained that there was no object except to
make quite clear what the intention of the Act was. I think there never was any
ne qe meaning of the Act, although the words perhaps were not s0 clear as they ought to be. “For the defence thereof.”
sure my hon. friend would not pretend to say that under the law as it is to-day the government could send a corps of the milite
Mr. GOURLEY. I have not the slightest doubt of it; you could send them anywhere. Sir FREDERICK BORDEN. 1!
Mr. GOURLETY. Why, every man in Canada wants to go,
Sir FREDERICK BORDEN. 1 do not think the hon, gentleman himself would seriousiy contemplate a
gentleman to explain that. 1 do not Pink that any thoughtful man looking at the condition nf things in this young cour try———
Tell me what you mean.
—would seriously propose to enact a statute which would place in the hands of any government the power of ordering out the militia to serve in distant parts of the world.
Mr. BARKER. That js the old Act.
Sir FREDERICK BORDEN. It is not the old Act, I have taken the trouble to go to the statutes of old Canada and of the various provinces in this Dominion and there J bave found that not one of them contains a provision by which the militia enn be sent outside of the province itself. That being the case it seems to me that we may just as well understand where we are and 1 accept, fully, absolutely and entirely, myself, the responsibility for the proposition which js contained in this clause, — (8087-88)
Mr. R. L. BORDEN. ...... Everything that the hon. gentleman said might be con-
ceded and still no good reason shown for making this change in the law. The law which he proposes to change is this :
“Her Majesty may call out the militia, or any part thereof, for active service either within or without Canada, at any time when it appears advisable s0 to do by reason of war.”
s what I do not like precisely the same, but on the be considered as (8089)
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Chairman,
* rial authorities absolutely approved of this clause and I am here nt, —(8090)
ses... If the words “for the defence thereof” are not in
whole law must be changed. 1 object to these words as absolutely
Unnecessary according to the statement of the Minister of Militia himself, He js con-
veying not only to the empire at large, but to every other people, that Canada has laid
down distinctiy in its statutes that it will never use its militia except for the defence of Canada.
That is what I object to in the words proposed by the Minister of Militia. are to do anything with our militia, under
The hon. gentleman has asked, with an what the world will think, da—though 1 have told him colony of the British empire is criticising. And, Sir, upon the hon. gentleman will find this:
part 3. Any part of the militia shall be liable to serve in any part ngdom but no part of the militia shall be carried or ordered to go ont of the United Kingdom.”
Why, the hon. gentleman out-Herods Herod. He js more loyal than the King. But let him look at the statute-book of that colony which, 1 believe, according to its population and means sent more men and spent more money than any other part of the British empire, in the South African war—I refer to New Zealand—and in the Militia
. Act of that colony he will find the following:
“The Governor may, the forces,
And the sar : thing is true of the law of Australia :
“Members c. the defence force who are members of the military forces shall not be required, unless they voluntarily agree to do 80, to serve beyond the limits of the commonwealth and those of any territory under the authority on the commonwealth.”
in to do to attend to our own affairs. And, in my humble opinion,
eng ous best serve the empire by making ourselves solid at home and preparine te ae” fend our own soil.....,(8007-08)
Conférence Coloniale de 1907 (:)
The Prime Minister (Sir Henry CAMPBELL BANNERMAN) : ......1 think the Win pogmetimes taken of the proper relations of the Colonies to the Moiber Countrs with respect tv expenditure on armaments have been, of late, somewhat modified, We do not meet you to-day as claimants for money, although we cordially recognise the spirit in which contributions have been made in the past, and will, no doubt, be made in the future. It js, of course, possible to over-estimate the importance of the requirements of the over-sea dominions as a factor in our expenditure ; but however this may be, the cost of naval defence and the responsibility for the conduet of foreign affairs hang together, .....
These Conferences were formerly more or less identified with great ceremonial 0ccasions. This is, 1 believe, the first that has been specifically summoned for the purpose of business. 1 wish to say a word here about a desire that has been feit with
at present to continue in the interval the definite communications which the Conferences make necessary. We shall hope to find some method of meeting this desire, 1 am not going to enumerate, still less discuss and criticise, the various schemes more ©r less ambitious which have been put forward, but 1 will just make a remark applicable to all such proposals. We found ourselves, Gentlemen, upon freedom and indepen-
contrary to the genius of our race and our political idesls, and would sooner or later be disastrous...... (p. 5 et 6)
Sir Frederick BORDEN : ...... It should be pointed out at once, that so far as the ere me end be seas are concerned, at any rate s0 far as Canada s concernod, maso qe me authority under our Militis Law to de anything beyond expend mener ant
make preparations for the defence of Canada itself, We are absoiutely limited in
words to that. ie cannot call our Militia out fer active servies fer any purpose beyond the defence of Canada. Although
EDMOUTH (First Lord of the Admiralty) : ...... What I have in the first place to ask is, that you should place confidence in the Board of Admiralty, and in the present Government, for the future safety of the country, We welcome you, and we ask you to take some leading part in making more complete than jt is at present
have done in consequence of decisions of former Conferences. 1 know that to the Government and to the Admiralty, with a free and unstinting hand, the help that You thought you could manage to give. Gentlemen, make, and in making it I ask that, as we have proved ourselves successful in the past, You should put your trust in us now. The only reservation that the Admiralty desire to make js, that they claim to have the charge of the strategical questions which are necessarily involved in Naval Defence, to hold the command of the naval forces of the
1) Minutes of Proceedi of the Coloniai Conf 1907 — À PR au rapport ont été publiées dans un ‘Toiime à ra te LT -
LR. LÀ
country, and to arrange the distribution of ships in the best possible manner, to resist alone beyong (erroné 0e Empire at large, whether 11 be our ve Manet reset ulons beyond t'e sens. We thoroughly recognise that we are responsible for that defonce, We want you to help us in that defence. We want You to give us all the assistance you can, but we do not come to you as beggars ; we Gladiy take all that you Can give us, but at the same time, if you are not Inclined to give us the help that we hope to have from You, we acknowlodge our absolute obligation to defend the King's deminions across the sous 10 the best of our ability.
Now, there 1s, after all, only one sea that laps around all our shores. The sen js the link that joins us together. It was the reason of your upspringing. It is our first defence, It js the origin of our great commerce. It js the outlet and Iiniet of our exports and our Imports, and it is to us in these islands the channel through which we get the food and raw material which are so necessary to our vast population. There ls one sea, there js one Empire, and there js one Navy, and 1 want to claim in the first place your help, and In the second place authority for the Admis 1ly to manage this great service without restraint.,..., (p. 129)
