Monday, April 6, 2020

Deploying Canadian Forces Reservists in a Crisis: The Problem with Vague and Imprecise Language

Last week, CBC reporter Murray Brewster presented an article describing the anticipated employment and deployment of members of the Reserve Force component of the Canadian Forces (i.e. 'Reservists') on anticipated domestic operations to assist Canadian government authorities in the face of the COVID-19 pandemic.  However, 'senior defence sources' used some vague and imprecise language concerning the supposed legislative prohibition against Reservists from providing armed assistance to government authorities.

As Rory Fowler explains in his blog, this vague and imprecise language is both unhelpful, and potentially problematic.  There may be policy reasons for the Canadian Forces to limit which personnel, if any, might offer armed assistance to government authorities.  However, the legislative framework for 'public service' and 'aid of the civil power' under Canada's National Defence Act does not expressly prohibit Reservists from providing armed assistance while empowering members of the Regular Force to do so.

When senior members of the Canadian Forces make imprecise, vague, or incorrect statements regarding their legislated authorities and constraints, all Canadian should be concerned.

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