« PreviousContinue »
Duties of Minister.
Persons liable to serve.
10. Establishment, regulation, and maintenance of marine and seamen hospitals and care of distressed seamen. Generally such Canadian matters as refer to marine and navigation.
In order to discharge the above very varied duties the department has organized the following special offices or
A Board of Examiners for Masters and Mates.
A Board of Steamboat Inspectors.
A Board of Lights.
A Board of Fisheries.
A Board of River and Harbour Police.
A Meteorological Office.
13. DEPARTMENT OF MILITIA AND DEFENCE.
The department of Militia is now presided over by the Minister of Militia and Defence.
The Minister is charged with and is responsible, for the administration both of Militia affairs, including all matters involving expenditure, and of the fortifications, gunboats, ordnances, ammunition, arms, armouries, stores, munitions and habiliments of war belonging to Canada. The initiative in all Militia affairs involving expenditure belongs to him.
The Governor in Council may from time to time prescribe what duties he is to discharge.
In accordance with the provisions of the 15th section of the B. N. A. Act 1867 the Canadian Act' declares the Command-in-Chief of the land and naval Militia to be vested in Her Majesty or in the Governor-General as her representative. As a rule the Crown appoints a Major-General to take command of the forces.
All male inhabitants of Canada between the ages of 18 and 60, being British subjects, and not exempted or disquali
1 R. S. C. c. 41.
fied by law, are liable to serve in the Militia, but power is given to Her Majesty to require the services of all male. inhabitants of the Dominion capable of bearing arms in case of a levée en masse1.
The following persons between the ages of 18 and 60 are Persons at all times exempt from enrolment and actual service2:Judges of all Courts of Law.
Clergy and Ministers of all denominations.
Keepers of penitentiaries and asylums.
The only son of a widow being her only support.
Except in case of war, invasion or insurrection the following though enrolled are exempt from actual service :Halfpay and retired officers.
Sailors employed in their calling.
Pilots during the season of navigation.
Masters of public and common schools engaged in teach
Quakers or other persons, who from the doctrines of their religion are personally averse to bearing arms, are exempt under such regulations as the Governor in Council may prescribe.
In every case the exemption must be claimed by affidavit Claim of Exempof the ground alleged for exemption, and such ground must tion. be proved3.
For military purposes Canada is divided into 12 military Division districts; each district into regimental and brigade divisions, Military and each regimental division into company divisions*.
The captain of each company division has by actual inquiry at each house in his division to ascertain the persons liable to serve, and must compile a roll accordingly.
1 Ib. s. 10. 2 Ib. s. 11.
3 Ib. s. 21.
4 Ib. s. 16.
5 Ib. s. 20.
Company, how made
The men are divided into four classes':—
classified. 1. Those between 18 and 30 who are unmarried or are
widowers without children.
2. Those between 30 and 45 who are unmarried or are widowers without children.
3. Those between 18 and 45 who are married or are widowers with children.
4. Those between the age of 45 and 60.
When the Militia is called out, each company has to furnish its quota of the number fixed, and if a sufficient number of men do not volunteer the men enrolled in the first class settle by ballot who are to serve: if more than the whole number in the first class are required, then the second class ballot to make up the deficiency and so on3.
When a man is chosen by ballot, he may provide a substitute, and provided the substitute does not himself become liable he remains exempt from service until his time again.
comes to serve.
The whole force is divided into1
1. The Active Militia, which is subdivided into the land force and the marine force.
(a) The land force consists of corps raised by voluntary enlistment, or by ballot as above described. (b) The marine force is composed of seamen, sailors and persons whose usual occupation has been in a steam or sailing craft navigating the waters of the Dominion.
2. The Reserve Militia, which is composed of the whole of the men not serving in the Active Militia.
For the Active Militia the period of service in time of peace is three years, in time of war it is one year.
The Reserve Militia may be called out every year by Her
1 R. S. C. c. 41, s. 11.
6 Ib. s. 80.
5 Ib. s. 13.
2 Ib. s. 30.
3 Ib. s. 32.
+ Ib. s. 12.
Majesty for a period of not less than eight days and not exceeding 16 days'.
The Active Militia may be called out as follows:— Calling 1. By Her Majesty in the case of war, invasion, or Militia. insurrection.
2. By the Lieutenant-Governor of Manitoba, if a notable disturbance of the peace or other emergency occurs in the
North-West Territories or Keewatin.
3. The officer commanding any military district or division upon any sudden emergency of invasion or insurrection or imminent danger of either may call out the whole of the Militia under his command2.
4. The officer in any district may call out the Active Militia under his command in aid of the civil power when a riot, disturbance of the peace or other emergency requiring such service occurs or is in the opinion of the civil authorities likely to occur3.
5. The Active Militia may be called out also by order in Council to serve as guards of honour, as escorts, or as guards and sentries at the opening or closing of Parliament, to attend the Governor-General or any member of the Royal Family in Canada, or to guard armouries.
1 Ib. s. 59.
14. DEPARTMENT OF INDIAN AFFAIRS.
By the Act constituting a Department of Indian Affairs* the Minister of the Interior was made Superintendent of Indian Affairs, but a subsequent Act repealed that provision, and enacted that the Superintendent of Indian Affairs should be either the Minister of the Interior or the head of some other department appointed for that purpose by Order in Council. The President of the Council is now (1887) the Superintendent.
Indians in Canada fall into two classes, (1) Enfranchised Indians and (2) Unenfranchised Indians. Those of the former class practically enjoy the same rights and privileges as other subjects of the Crown in Canada, whilst those of the latter class possess a special status, that is, they have special rights and are under special disabilities.
An enfranchised Indian is defined by the Indian Act as follows:-"Any Indian, his wife, or minor unmarried child who has received letters patent granting to him in fee simple any portion of the reserve which has been allotted to him or to his wife and minor children by the band to which he belongs, or any unmarried Indian who has received letters patent for an allotment of the reserve'."
The effect of enfranchisement is, that the person enfranchised is no longer deemed an Indian except as regards his right to participate in the annuities and interest moneys, rents and councils of the band to which he belongs.
The general management of all matters relating to Indians is placed under the control of this department. Subject to the provisions of the Indian Act the Superintendent locates Indians on reserves, removes trespassers, registers sales of land, decides disputes regarding descent of property, sees that bridges and roads are kept in repair, grants licences to cut timber, and grants certificates of enfranchisement.
In order to carry out the duties of the department the Superintendent is assisted by a Deputy, and the GovernorGeneral has power to appoint Indian Commissioners and Assistant Indian Commissioners for Manitoba, the NorthWest Territories and British Columbia.
15. THE HIGH COMMISSIONER.
The High Commissioner for Canada is appointed by the Governor-General and holds office during pleasure.
1 R. S. C. c. 43, s. 2 (j).
2 Ib. c. 16.