By Chris Madsen
An old survey of Canadian army legislations. Drawing on quite a number fabrics, it lines the improvement of army legislations from 1867 to 1997, delivering insights into army justice in Canada, the aim of army legislations, and the extent of felony professionalism in the Canadian army.
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Extra resources for Another Kind of Justice: Canadian Military Law from Confederation to Somalia
Upon conclusion of the 1885 North-West Rebellion, the Canadian militia returned again to a state of restricted funding and little interest in military law. Enthusiasm for the achievements of the North-West Field Force was short-lived. The Royal Military College of Canada and the military schools of instruction received modest increases in expenditures, but Parliament kept a tight leash on the militia’s budget. ”74 Macpherson remarked that recent British books on the subject were available. 75 Yet none of the British books covered the Canadian Militia Act or the Militia Regulations and Orders issued under its authority.
56 Severe fiscal restraint restricted the militia to such an extent that its potential effectiveness was in doubt. A military force without discipline and training, Selby-Smyth asserted, was little more than an armed mob. He and his successor, Major General Richard Luard, repeatedly stressed the importance of military education in the professional development of officers and non-commissioned officers. Although proposals for reductions in size of the active militia and application of consequent savings to a smaller permanent force remained politically unpalatable, the Dominion government redistributed limited funds for more military instruction.
64 Clear instructions and decisive action by officers and non-commissioned officers to prevent crime reinforced expected behaviour. Common infractions against service discipline such as insubordination, negligent performance of duties, falling asleep during guard duty, improper up-keep of equipment, misappropriation of supplies, and accidental shootings were handled in a summary fashion in accordance with the scale of punishments under the Army Act. 65 Facilities for imprisonment were limited, and every convicted soldier removed from active service placed an added burden on the other troops.