The Conscription Standoff of 1918

The Conscription Stand off of 1918 was a complex moment in Alberta’s early history that brought into question fundamental tenets of democracy and the rights accorded to Alberta, its citizens and its courts, during a time of international crisis.

In response to deflated voluntary enlistment, the federal government felt it had no choice but to implement a more effective system of mandatory recruitment and removed exemptions that had been outlined a year earlier through an order-in-council, instead of through Parliament. Food producers across the country came to urban centres to report for service when called. However, they were unsure of the fairness or even the legality of the situation they were embroiled in. Some, such as Norman Earl Lewis, turned to the courts for assistance.

In a four-to-one verdict the Alberta Supreme Court ruled that the order-in-council was not legal and thus, the exemptions outlined in the Military Services Act would remain in place. In hearing this case, and delivering its ruling, the Alberta Supreme Court was exercising its power as the highest court of law in the province, a decision that should have been well within its rights. However, government and military officials in Ottawa chose to send orders to military workers in Alberta, expressly forbidding the application of the court’s verdict.

In rescinding the military exemptions outlined a year earlier, and deeming the Alberta Supreme Court ruling ineffectual, Ottawa attempted to overrule the rights accorded to Alberta, upsetting its integrity as a province, if only briefly. In addition, by challenging the court—the institution in place to provide and maintain its citizens rights—the federal government was communicating its nonchalance at fundamentally breaching the structure of a free society.

The post office at Sarcee Military Camp during the First World War.

Although Justice Horace Harvey was the dissenting voice in the Lewis trial he was now confronted with a significantly larger problem. In the face of such a blow, the Alberta Supreme Court was forced to grapple with the implementation of unorthodox options, in an effort to simply maintain its validity and value.

Refusing to buckle under the pressure from Ottawa, Alberta’s court resolved to preserve itself and, in effect, Alberta’s citizens by using violence if necessary. In a last minute meeting held at Calgary City Hall, a compromise was reached, allowing the court ruling to be upheld without forcing military officials in Alberta to disobey their superiors.

Although a potentially volatile situation was averted for the moment, the Conscription Stand off of 1918 exists as an example of a breakdown between federal and provincial powers in Canada, the result of which many modern Canadian citizens feel we may not have seen yet.