rather I was looking to start a debate about the use of the military in civilian operations, and by extension the implications for civil liberties.
Sheerin: whether or not the military are used to assist the police in certain emergency situations, in which the military posesses capabilities that the pollice do not, is IMHO not really the issue. This is a fairly standard practice in th US, UK, and Canada: all three of which are (IMHO) pretty good models of free democratic societies with a strong respect for human rights. To date (unless we inlude Oliver Cromwell...) none of these countries has ever come close to risking militarization of its policing, nor has a military coup ever been a serious possibility. Thus I would say that such employment of the military, limted by time and place, is not a threat to civil liberties. It might be an unwelcome burden on the military, but that is a different issue.
The real issue to me is the legal framework inside which the military is employed, as well as the degree of respect that the military has for that legal framework. Again, in all three countries there exist combinations of legislation and regulation that clearly limit the circumstances, conditions and procedures for involving the military: the Army does not just "walk in" and start arresting people. This is further reinforced (in Canada, anyway...) by a healthy reluctance to become engaged in doing the jobs that should be done by other competent civil agencies, except again
in extremis. I have had a fair amount of experience in working with various police forces and civil agencies over te years, in operations ranging from the Red River Flood (Op ASSISTANCE) to the G8 (Op GRIZZLY). In all of these cases we (the military) were extremely vigilant to ensure that we were not drawn into doing things that were clearly outside our mandate, and that we did not provide assistance to the police that might be misused (Believe me--some police planners come up with some pretty weird ideas about what they want us to do...). I have lost count of the number of times I have heard military planners and commanders recite the mantra "we are not the police". There is, and has been for some time, a debate inside the military as to whether or not we should even have the capacity to train and equipment for public order operations-the military is not "chomping at the bit" to go out and crack heads and lock people up.
A third observation is that in Canada the military is not exempted from the Criminal Code. There are provisions in the CCC that will assist us in perfoming our duties in a public order situation, but every member of a unit deployed on any domestic operation, whether under ACP, ALEA or emergency humanitarian assistance, remains subject to the same law that regulates the conduct of civil police and indeed all Canadians.
Finally, the question remains about how much of this we should be doing as opposed to police forces assuming a greater responsibility by developing improved capabilities. IMHO, the aim should be to contnue the present trend that has been in place for the last few decades: police forces are becoming far more capable in all areas (EOD calls, for example, are way down as opposed to the day in which almost every base had an EOD team that went out to help the police). Things such as helicopters, night vision equipment, improved weaponry and satellite based communications are now available to most oplice forces, either directly or by mutual aid from the RCMP/OPP/QPP to municipal forces. To me, a regional armoured vehicle troop, managed by either the RCMP or one of the two Provincial forces, is a good idea.
Overall, we should encourage the police to become more capable so as to reduce demands placed upon us, but I do not agree that we can either legally or morally escape the need to assist the police
in extremis.
Cheers