The Conscription Standoff of 1918 - Setting - Canadian Conscription Legislation During WWI

In times of difficulty and dispute, there exists law to provide a clear and direct path to reason and justice. Previous to the Norman Earl Lewis case of 1918, there were three relevant pieces of legislation in place, including the Militia Act of 1906, the War Measures Act of 1914, and the Military Services Act of 1917, each outlining procedure for all matters concerning conscription.

The Militia Act of 1906 stated that "all male inhabitants of Canada of the age of 18 years and upwards and under 60, not exempt or disqualified by law shall be liable to service in the Militia" and that "the Governor in Council may place the Militia or any part thereof on active service anywhere in Canada and also beyond Canada for the defence thereof, at any time when it appears advisable to do by reason of emergency."

The War Measures Act of 1914 provided that “the Governor in Council shall have the power to do and authorize such acts and things, and to make from time to time, such orders and regulations, as he may by reason of the existence of real or apprehended war, invasion or insurrection, deem necessary or advisable for the security, defence, peace, order and welfare of Canada.”

In 1917, the government created a third piece of legislation that addressed conscription. The Military Service Act placed restrictions on who could be called upon for mandatory military service. Those exempted included farmers and farm labourers, who were needed to continue providing food in a time of shortage.

For the first three years of the First World War, enlistment in military service was voluntary and approximately 300,000 men joined up. However, when news of the high casualty rates were reported in Canada, it deterred many from service, forcing the government to enact a plan to circumvent a lack of enlistment.

On April 20, 1918, an order-in-council was passed that removed exemptions outlined in the Military Service Act of 1917, leaving farming operations across the country short of labour and those who were called for service wondering if their rights had been maintained.