Walts, posers & wannabes (merged)

[PMedMoe]

And if you've been medically released and have certain restrictions, think twice about applying to fight overseas. It may have implications on your benefits.

 

[OldSolduer]

And if you've been medically released and have certain restrictions, think twice about applying to fight overseas. It may have implications on your benefits.

To add - not an expert here - if you have a chronic condition - Rheumatoid Arthritis as an example - you need to have your meds and access to an RA specialist. I kinda think you may not get either in a theatre of operations.

 

[daftandbarmy]

Public service announcement for released CAF members.

No, the CAF is not calling you back and asking you to rejoin the military because of Ukraine. Especially so for members who have medically released.

Please at least wait until WW3 starts to start publicaly making this claim in crowds and on social media.

 

[dimsum]

To add - not an expert here - if you have a chronic condition - Rheumatoid Arthritis as an example - you need to have your meds and access to an RA specialist. I kinda think you may not get either in a theatre of operations.

If you need regular medications, going to a war zone is probably not in the top 10 of things to do.

 

[dapaterson]

If you need regular medications, going to a war zone is probably not in the top 10 of things to do.

Unless you're operating a RPAS.

 

[Maxman1]

Public service announcement for released CAF members.

No, the CAF is not calling you back and asking you to rejoin the military because of Ukraine. Especially so for members who have medically released.

Please at least wait until WW3 starts to start publicaly making this claim in crowds and on social media.

We have recruitment and retention issues, and released pers want to reenlist and we're turning them away? What kind of sense does that make? We should tell whatever recruiter's lies are necessary. "Yes, we're definitely going to war, now just sign this eight year contract."

 

[Eye In The Sky]

There are no contracts in the CAF.

 

[dimsum]

We should tell whatever recruiter's lies are necessary.

No - we have enough people saying recruiters lie already. This will just lead to more disgruntled Ptes/Cpls posting on CAF Reddit about how crappy their life is sweeping hangar floors or something.

The problem is more retention and getting people through courses in a timely manner than recruitment.

 

[Maxman1]

There are no contracts in the CAF.

Where the hell did you get that idea? You sign a contract when you enlist, reservists sign an indefinite contract and Class B and C contracts as necessary, reg force sign a contract of three to nine years in length.

 

[Maxman1]

No - we have enough people saying recruiters lie already.

I meant for the members who released and want to reenlist to fight in Ukraine, not promising someone off the street they'll be in a fighter jet cockpit in months (testing ejector seats).

 

[SupersonicMax]

Where the hell did you get that idea? You sign a contract when you enlist, reservists sign an indefinite contract and Class B and C contracts as necessary, reg force sign a contract of three to nine years in length.

They are technically terms of service (which I believe are a contractual engagement).

 

[SupersonicMax]

I meant for the members who released and want to reenlist to fight in Ukraine, not promising someone off the street they'll be in a fighter jet cockpit in months (testing ejector seats).

Lying doesn’t get anyone anywhere. Being upfront with people is your best way to have hope they’ll stay for the long run.

 

[Jarnhamar]

I meant for the members who released and want to reenlist to fight in Ukraine, not promising someone off the street they'll be in a fighter jet cockpit in months (testing ejector seats).

My post was geared towards the released members who are bullshiting about being called back to the CAF, by the CAF, to go to Ukraine.

 

[dapaterson]

Terms of service are not contracts. That some CAF policies refer to class B or class C terms of service as contracts is factually incorrect; I believe the technical term is that the Crown is not in privity of contract with CAF members.

An oft-repeated principle is that members of the CF are not in privity of contract with Her Majesty. Instead, they are in a unilateral arrangement with the Crown in return for which Her Majesty assumes no obligations.

Grievance Myths – A Remedy for Canadian Forces Personnel?

Grievance Myths – A Remedy for Canadian Forces Personnel? There are a lot of ‘myths’ and misapprehensions concerning the statutory grievance process that Parliament created for members of the Canadian Forces (CF). In order to educate members of the CF and the Canadian public regarding the...

roryfowlerlaw.com

This principle as established in Gallant v R, 1978. https://www.canlii.org/en/ca/fct/do...leteStr=gallant v the queen&autocompletePos=1

 

[FJAG]

Terms of service are not contracts. That some CAF policies refer to class B or class C terms of service as contracts is factually incorrect; I believe the technical term is that the Crown is not in privity of contract with CAF members.

Grievance Myths – A Remedy for Canadian Forces Personnel?

Grievance Myths – A Remedy for Canadian Forces Personnel? There are a lot of ‘myths’ and misapprehensions concerning the statutory grievance process that Parliament created for members of the Canadian Forces (CF). In order to educate members of the CF and the Canadian public regarding the...

roryfowlerlaw.com

This principle as established in Gallant v R, 1978. https://www.canlii.org/en/ca/fct/doc/1978/1978canlii2084/1978canlii2084.html?autocompleteStr=gallant v the queen&autocompletePos=1

I guess it's my day to be contrary.

Not that I disagree with you. You're absolutely right. What I wonder is whether or not the law as expressed in Mitchell is based on fact or a legal fiction.

A legal fiction is a fact assumed or created by courts,[1] which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively in common law jurisdictions[citation needed], particularly in England

In all most all respects employer and employee relationships are governed by contractual principles (even if modified or expanded by labour and employment legislation).

The basic Mitchell principle that the crown and its soldiers do not have privity of contract comes from a weak and archaic concept which, IMHO, had more to do with giving courts the ability to dodge cases against the crown by its servants than any real "special" relationship. (see for example this piece of Rory's thoughts). The modern crown and its ministers have changed dramatically since these early concepts were espoused. Should Mitchell still be the law today?

There are clearly "contractual" terms as between the government and its military members that would not apply in ordinary labour law; the risk of death or injury is but the most obvious, but there is simply no reason why one couldn't create legislation which would enable a contract of personal military service that would cover the relationship and allow for an outside judicial system to arbitrate and judge disputes between this particular class of "master and servant".

 

[Eye In The Sky]

Where the hell did you get that idea?

Reality based on policy.

You sign a contract when you enlist, reservists sign an indefinite contract and Class B and C contracts as necessary, reg force sign a contract of three to nine years in length.

You’re not even on the money for Reg Force TOS. Example, I am on a CE to CRA and have been for over 9 years and have 9 left until I am CRA. The CAF has no need to offer me further TOS.

Have a read here; no mention of contracts, lots of reference to TOS.

DAOD 5002-1, Enrolment - Canada.ca

Defence Administrative Orders and Directives - DAOD 5002-1 - Enrolment

www.canada.ca

 

[SupersonicMax]

Reality based on policy.



You’re not even on the money for Reg Force TOS. Example, I am on a CE to CRA and have been for over 9 years and have 9 left until I am CRA. The CAF has no need to offer me further TOS.

Have a read here; no mention of contracts, lots of reference to TOS.

DAOD 5002-1, Enrolment - Canada.ca

Defence Administrative Orders and Directives - DAOD 5002-1 - Enrolment

www.canada.ca

Why are you not on IPS?

 

[Eye In The Sky]

Why are you not on IPS?

DMCA first offered a IE25. But it took me past CRA (I have a significant amount of PFTPS bought back). So then, a CE 5. I suggested I should have a longer time period choice as most people would at that part of the sequence. They agreed and sent a CE to CRA. I signed with haste.

 

[GR66]

Hi all,

Have a family member who has started seeing someone (Canadian) who claims to have been a US Navy SEAL. Haven't met yet and only have a first name (Todd), but do have the attached picture. I don't really know much about US Decorations, etc. but from what I can figure out at the time of the picture (2006) he'd have been a Lt. Commander with the following decorations:

Navy Cross
Silver Star
Bronze Star
Purple Heart
Combat Action Ribbon
National Defense Service Medal
Southwest Asia Service Medal
Navy Sea Service Deployment
Kuwait Liberation Medal (Saudi Arabia)
Kuwait Liberation Medal (Emirate of Kuwait)

Anyone claiming to be a former SEAL would raise questions from me, but that list of decorations is pretty eyebrow raising as well (although they do appear to be in the proper order of precedence any maybe not impossible for an actual SEAL?)

Anyone see anything else from the picture that jumps out as being obvious BS? The fact that it's time stamped (like a personal picture as opposed to an official portrait) and with a cheapo background seems very fishy to me but I don't know enough about US Navy uniforms/decorations to know if anything else is obviously out of line.

My family member says he's "a nice guy" and treats her well (and no indication that he seems to be Walting in order to gain anything specific based on his alleged past military service), but anyone that passes themselves off a something they are not would certainly set of major alarm bells with me.

Thanks,

 

[Colin Parkinson]

My WAG is that 6 of those medals is just being in theatre. The top 3 are the ones that are important to verify.

https://valor.defense.gov/Portals/24/Documents/ServiceCross/USN-Navy%20Crosses_GWOT_2001-Present_2022%2004%2026.pdf?ver=ak_nn4scocywSlHm_75CXg%3d%3d