Section 3 deals with the various classes into whidh men 'between the ages of 20 and 45, both inclusive, are divided. It is as follows:-
3. (1) The men who are liable to be called out shall consist of ten classes described as
Class 1.-Those who have attained the age of twenty years and were born not earlier than the year 1894 and are unmarried, or are widowers but have no child.
Class 2.-Those who were born In the years 1889 to 1893, both inclusive, and are unmarried, or are widowers but have no child.
Class 3.-Those who were born In the years 1883 to 1888, both inclusive, and are unmarried, or are widowers but have no child.
Class 4.-Those who have attained the age of twenty years and were born not earlier than the year 1894 and are married, or are widowers who have a child or children.
Class 5.-Those who were born in the years 1889 to 1893, both inclusive, and are married, or are widowers who have a child or children.
Class 6.-Those who were born in the years 1883 to 1888, both inclusive, and are married, or are widowers who have a child or children.
Class 7.-Those who were born in the years 1876 to 1882, both inclusive, and are unmarried, or are widowers who have no child.
Class 8.-Those who were born in the years 1876 to 1882, both inclusive, and are married, or are widowers who have a child or children.
Class 9.-Those who were born in the years 1872 to 1875, both inclusive, and are unmarried, or are widowers who have no child.
Class 10.-Those who ~*re born in the years 1872 to 1875, both inclusive, are married, or are widowers who have a child or children.
(2) For the purposes of this section, any man married after the eleventh day of June, 1917, shall be deemed to be unmarried.
(3) Any class, except Class 1, shall include men who are tranferred thereto from another class as hereinafter provided, and men who have come within Class 1 since the previous class was called out.
(4) The order in which the classes are described in this section shall be the order in which they may be called out on active service, provided the Governor in Council may divide any class into subclasses, in which case the subclasses shall be called out in order of age, beginning with the youngest.
For example, if it appeared to the Government that the calling out of Classes I, 2 and 3 might yield a larger number of men than the forces authorized by this Act, it would be possible for the Government to divide Class 3 into sub-classes, so that the number to be called out should _ not exceed the number authorized by the Act.
I now proceed to the next section:
4. (1) The Governor in Council may from time to time by proclamation call out on active service as aforesaid for the defence of Canada, either in Canada or beyond Canada, any class or subclass of men described in section three and all men within the class or subclass so called out shall, from the date of such proclamation, be deemed to be soldiers enlisted in the
TSir Robert Borden.]
Military Forces of Canada and subject to military law for the duration of the present war, and of demobilization thereafter, save as hereinafter provided.
(2) Men so called out shall report and shall be placed on active service in the Canadian Expeditionary Force as may be set out in such proclamation or in regulations, but until so placed on active service, shall be deemed to be on leave of absence without pay.
(3) Any man by or in respect of whom an application for exemption is made as hereinafter provided, shall, so long as such application or any appeal in connection therewith is pending and during the currency of any exemption granted him, be deemed to be on leave of absence without pay.
(4) Any man who is called out and who, without reasonable excuse, fails to report as aforesaid or to remain on active service where placed shall be guilty, according to the circumstances, of desertion, or of absenting himself without leave and shall be liable
(a) To be tried by court-martial and convicted and punished by imprisonment, for a term not exceeding three years, or
(b) on summary conviction to imprisonment for any term not exceeding three years.
Section 5 reads as follows:
(5) (1) There shall be established in the manner hereafter set out, the following tribunals :-
(a) Local Tribunals;
(b) Appeal Tribunals;
(c) A Central Appeal Judge.
(2) Any tribunal may hear evidence on oath or otherwise as it may deem expedient, and for the performance of its duties shall have all the powers vested in a Commissioner under Part 1 of the Inquiries Act.
(3) The Governor in Council may, upon the recommendation of the Central Appeal Judge, make regulations with respect to the establishment, constitution, functions and procedure of the said tribunals and such regulations may contain provisions for securing uniformity in the application of this Act.
(4) In so far as provision is not otherwise made, the procedure of the Tribunal shall be such as is determined by the Tribunal.
(5) No member of any tribunal shall be responsible at law for anything done by him in good faith in the performance of his duties under this Act, and no action shall be taken against any member of a local tribunal or an appeal tribunal in respect of the performance or non-performance of his duties under this Act, except with the written consent of the Central Appeal Judge.
The next section deals with the Local Tribunals which are to be established.
6. (1) The Minister may from time to time by proclamation or otherwise establish local tribunals at such places as he deems necessary and give each an appropriate designation.
Now, as to the constitution of these local tribunals, of whom shall they consist? That question raised a great deal of difficulty, because it was the desire of the Government to adopt a method which would be absolutely above suspicion. We desired to make it clear that the personnel of the
Board was to be selected fairly and independently. Therefore we provided as follows :
(3) Each local tribunal shall consist of two [DOT] members. One member shall be appointed by a Board of Selection to be established by joint resolution of the Senate and House of Commons ; the other member shall be appointed by the following authority:-
I. In those provinces in which there are county courts or district courts, the county court judge or district court judge or, if more than one, the senior judge for the county or district in which the local tribunal is established, or when the place at which a local tribunal is to be established is not within the territorial limits of any county court or district court, then by such judge as may be determined by the Minister. '
The county court judge or district judge is to make the appointment. If there is no such judge within the area for which the tribunal is to be established, then one of the members of the tribunal is to be appointed by such county court judge as the minister shall designate for the purpose.
Then there are special provisions for Quebec which read as follows:
II. In the province of Quebec:-
(a) In the judicial districts of Montreal and Quebec, any judge of the Superior Court of the province of Quebec who is authorized by the Chief Justice of the said Court or authorized by the judge appointed to perform the duties of Chief Justice in the judicial district.
(b) In the other judicial districts the judge of the Superior Court of the province of Quebec assigned to the judicial district within which the local tribunal is established.
III. In the Yukon Territory:-
- The judge of the Territorial Court or the person appointed under the provisions of the Yukon Act to act in place of such judge; and
IV. In the Northwest Territories:-[DOT]
The Commissioner of the Royal Northwest Mounted Police.
It has been our purpose, therefore, to establish tribunals which shall be constituted by an authority independent of the Government, by persons appointed under the direct authority of Parliament, and by county court judges or district court judges. In Quebec it" will be by judges of the Superior Court, and in the Yukon and Northwest Territories by authorities outside of the Government itself.
It is further provided in the same section:
(4) (a) The names and addresses of all persons appointed on a local tribunal shall, as may be provided by regulations, be communicated to the minister.
(b) The minister may by telegraph or otherwise appoint one or both members, as the case may be, of any local tribunal, if he has not received, within such period before the tribunal is to sit as may be fixed by regulation, the names and addresses of members duly appointed.
(c) A vacancy occurring shall be filled by the authority who appointed the member vacating, and if not so filled or if communication of same as aforesaid has not been received by the minister within such period as may be fixed by regulation, the minister may fill such vacancy.
If the authorities, who are empowered by this Act to make the appointment of the local tribunal, ,do not make such appointments, or do not communicate them to the minister, then when the time comes for the work of the tribunals to begin, the minister may make the appointment.
There is also a provision that no person shall, without reasonable excuse, refuse to act when appointed to one of these tribunals. If he refuses to act, he is guilty of an offence, and is liable on summary conviction to a penalty not exceeding $500.
With reference to the appeal tribunals,, the provisions are very simple, and the section reads as follows:
7. The Chief Justice of the court of last resort in each province, or in case of his absence, or failure to act, then a judge of that court designated by the minister, shall establish for such province a sufficient number of appeal tribunals, and shall assign to each such tribunal, one judge of any court of such province, and shall distribute among such tribunals all appeals from and cases stated under subsection 2 of section 10, by local tribunals of which the Registrar has notice, and such appeal tribunals shall severally hear and decide the same.
As to the final tribunal, the Governor in Council may appoint one of the judges of the Supreme Court of Canada to be the Central Appeal Judge. _
The scheme is to establish Local Tribunals selected by an authority outside of the Government; of these there will be many in each military district. The Appeal Tribunals will . be selected by an authority outside of the Government, but a judicial authority, a member of one of the higher courts in each province, and finally there will be a Central Appeal Judge, who will be the final court of appeal, and who will be selected from the judges of the Supreme Court of Canada.
It has been the purpose of the Government to make these provisions absolutely fair. If any suggestion is made to the Government from the House by which the provisions can be made fairer or more effective, the Government will be glad to listen to such suggestion when the Bill is in committee.
I come, then, to section 10, which deals with appeals; it provides for an appeal from the local tribunal to the appeal tribunal, and from the appeal tribunal to the