APPEAL BOARDS

Dominion, Volume 10, Issue 2899, 11 October 1916, Page 6

APPEAL BOARDS

—t, THE RIGHTS OF IUSSER.VISTS. Regulations governing the hearing of appeals brought before tie Military Boards -under the Military Service Act were gazetted yesterday. They deal with the procedure before tlio boards, and provide rules concerning the rights of members of the Expeditionary Force Reserve, who may ibe summoned for servico under the provisions of the Act. . On the hearing of appeals lodged by Reservists, the Crown may be represented by any person appointed by tho Minister of Defence. Tlio military representative will have the right to be heard in opposition to tho appeal, to produce evidence, and to cross-examine witnesses. The Reservist making the appeal may be represented by "a barrister or solicitor, or, with the leave of the board, by any other person. All appeals are to be heard in public, unless tlie board in any particular case, due Tegard being given to the interests of the appellant and of all other persons concerned, considers that tlio hearing or any part thereof should take place in private; provided l that tlie beard may deliberate in private as to the dc- . termination of the appeal or as to any questions arising in the course of tlie proceedings.

J Provision, is _ made for tlio adjourning of cases, with proper protection for the rights of the persons concerned, and forms are provided for use under the Act in connection with appeals, decisions, and declarations.

The regulations provide tliat in the considering of appeals the Military Boards' shall, unless good reason to the contrary is shown, accept as sufficient a certificate by tho Minister of Defence that the occupation of the Reservist is of such a. nature that the calling up of that Reservist for military service is contrary tb the public interest. Referring to the section of the Act authorising the exemption of a Reservist whose enlistment would he "a cause of undue hardship to himself or others," the regulations provide that a board shall he under 110 obligation to accent as sufficient evidence of undue hardship the facts set out in that subsection, if the board is satisfied '.that hy reason of estrangement between the Reservist and his parents, or T)'y ten son of any other exceptional circumstances, the* calling up of the Reservist for military service would not in fact ho a cause of undoio hardship to his parents. The case of tho "shirking families" is dealt with in the following clause: — "(1) When any Reservist ivlin is renuirfd under Section 35 of the Military Service Act to show cause why he should not he culled up for service gives notice of apnea 1 on the ground that lie or any brother of his is permanently unfit for military service, tho Commandant shall forthwith after the receipt of sufch notice of anneal cause everv person so alleged to be unfit for military service to lie required under Section 7 of the said 'Act to submit himself for examination beforo a board of inedic.il officers (hereinafter called a Med'cal Hoard. (21 The report of_ the Medical Board shall be t-rnnsmiMwl throuph the Commandant to the Military Servico Hoard aruviinted to hear the aupea.l. (31 The Military Service Board shall not- determine the appeal mntil that board has received from the Commandant, in resnect of emrv person so allejred to bo unfit for militnrv service. either the roiyirfc of a Medical Board or an intimation that such tierson lias made default in submitting himself for examination before a Medical Board."