Civilian control and command authority in Canada

I have a new paper looking at the constitutional and legal frameworks underpinning civilian control of the armed forces and military command authority in Canada.

Strange as it may seem, I became a Westminster-style obsessive when I began working this very issue. This paper brings together lots of my favourite parts of the Westminster system: constitutional convention, the interaction between statute and prerogative, and the nooks and crannies of our system that legal scholarship often overlooks.

Here’s a link to the paper and the title/abstract:

Offices and Officers: The Constitutional and Legal Frameworks of Canadian Civil-Military Relations

Abstract

This chapter examines the complex constitutional and legal frameworks that underpin civilian control of the military and command of the armed forces in Canada. The complexity of these frameworks can be seen across the relationships between civilian offices and military officers. Constitutionally, the King holds the power of command in chief, while the Governor General is Commander-in-Chief. The Minister of National Defence is vested with the management and direction of the Canadian military, but the Prime Minister has unique accountabilities related to the armed forces, including deployment decisions and the appointment of the Chief of the Defence Staff. The National Defence Act states that the Chief of the Defence Staff has the control and administration of the Canadian Armed Forces, though their command authority flows from a mix of their commission, their rank, statute, and regulations. Under certain conditions, provincial Attorneys General can requisition the Canadian Armed Forces to provide aid of the civil power by writing to the Chief of the Defence Staff, and the Chief of the Defence Staff responds based on their assessment of the situation, subject to the direction of the Minister of National Defence. In light of these complexities, the chapter will argue for changes that would clarify the constitutional and legal frameworks that govern offices and officers in Canada. The chapter will conclude with thoughts on how these constitutional and legal frameworks relate to the idea of a ‘crisis’ in Canadian civil-military relations.

Keywords: Canada, Civil-Military Relations, Crown, Prerogative, Command