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Military Service Act, 1917 | |
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Parliament of Canada | |
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Citation | 7-8 Geo. V c. 19 |
Territorial extent | Canada |
Royal assent | 29 August 1917 |
Status: Repealed |
The Military Service Act, 1917 (French : Loi concernant le Service militaire) [1] was an Act passed by the Parliament of Canada which introduced conscription in the midst of the First World War. [2] It was passed due to a shortage of volunteers and was an effort to conscript more soldiers.
Following the outbreak of the First World War, the Canadian Expeditionary Force was sent to the Western Front wherein high casualties were sustained. Volunteer enlistment was inconsistent, and it was believed that the Canadian Corps could not be maintained at full strength without conscription.
The Militia Act, 1904 already provided for military service for all male British subjects between the ages of 18 and 60, [3] but the calling-up was by levée en masse , [4] which would have caused massive disruption through the pulling of skilled workers from agriculture and industry. [5]
Encouraged by the British and English Canadians, Prime Minister Sir Robert Borden introduced the Military Service Act. [6] Riots broke out in Quebec.
Under the act, the male population of Canada was divided into several classes for the purpose of being called up for military service, from which certain exceptions were available, if they were: [7]
With the classes being: [8]
Any man married after July 6, 1917, was deemed to be unmarried.
The exceptions to the act were: [9]
And finally the exemptions were: [12]
Dominion Elections Act, s. 67A [lower-alpha 3] introduced an exception to the original Act:
And an additional exemption, alongside an removed exemption, to the act:
Regulations under P.C. 919 of April 20, 1918 [14] retooled the classes, stating;
It also introduced a redefinition:
Lastly, it removed previously granted and instead permitted ministerial discretion in individual cases:
Regulations under P.C. 1250 of May 22, 1918 [15]
A system of local and appeal tribunals was in place for determining exemptions claimed under the act. [16]
The men of Class 1 were called up to report for military service on November 10, 1917, [17] with the deadline delayed until December 12, 1917, for those living in the Yukon Territory (who did not need to report for duty until January 7, 1918). [18]
Men within any class who, after August 4, 1914, had moved to the United States or elsewhere were also required to submit to the provisions of the act. [19]
Further regulations issued on April 30, 1918, required all persons claiming an exemption to carry documentation supporting such a claim, with lack of documentation resulting in detention without recourse to habeas corpus , [20] and public notices of these regulations were published across Canada. [21] This left farming operations across Canada short of much-needed labour. [22]
Status of Men | Number |
---|---|
Class I Registrations | 401,822 |
Granted exemption | 221,949 |
Liable for Military Service | 179,933 |
Unapprehended defaulters | 24,139 |
Available but not called | 26,225 |
Reported for Military Service | 129,569 |
Permitted to enlist in Imperial forces | 8,445 |
Taken on strength CEF | 124,588 |
Performed no military service and found medically unfit, eligible for exemption or liable for non-combatant service only | 16,300 |
Available for service with CEF units | 108,288 |
Discharged prior to November 11, 1918 | 8,637 |
On strength CEF, November 11, 1918 | 99,651 |
Proceeded overseas | 47,509 |
Taken on strength units in France | 24,132 [lower-alpha 5] |
After the war, Ontario passed legislation providing that, for a ten-year period from April 24, 1919, anyone who failed to perform any duty required under the Military Service Act, or was convicted of any treasonable or seditious offences during the war, was disqualified from holding any provincial, municipal or educational office, or from being able to vote at any related election for such offices. [26]
The act was unevenly administered, and there were numerous evasions and many exemptions. The Act's military value has been questioned, but its political consequences were clear. It led to Borden's Union government and drove most of his French Canadian supporters into opposition, as they were seriously alienated by this attempt to enforce their participation in an imperial war. [27] Conflicts between the government's calls for greater agricultural production and conscription would lead to the rise of the farmers' movements of the 1920s, and would have more lasting effects in rural and Western alienation. [28] Lessons learned from the First World War experience were used in framing the National Resources Mobilization Act that was passed in the Second World War. [29]
The act fell into disuse, and was repealed as obsolete upon the proclamation of the Revised Statutes of Canada, 1952.
Sir Robert Laird Borden was a Canadian lawyer and politician who served as the eighth prime minister of Canada from 1911 to 1920. He is best known for his leadership of Canada during World War I.
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The Conscription Crisis of 1917 was a political and military crisis in Canada during World War I. It was mainly caused by disagreement on whether men should be conscripted to fight in the war, but also brought out many issues regarding relations between French Canadians and English Canadians. The vast majority of French Canadians opposed conscription; they felt that they had no particular loyalty to either Britain or France. Led by Henri Bourassa, they felt their only loyalty was to Canada. English Canadians supported the war effort as they felt stronger ties to the British Empire. On January 1, 1918, the Unionist government began to enforce the Military Service Act. The Act caused 404,385 men to be liable for military service, from which 385,510 sought exemption.
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