Author Topic: Can Parents Trigger Release/Withdraw Consent for Minor Recruits  (Read 9858 times)

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Offline George Wallace

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Re: Can Parents Trigger Release/Withdraw Consent for Minor Recruits
« Reply #25 on: March 12, 2017, 20:02:20 »
Thats on a personal side of things. You still have a job to go to. And in this case, its servicing the country.

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 :rofl:

Did you really intend that to be "servicing"? 
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Offline Ryan_T

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Re: Can Parents Trigger Release/Withdraw Consent for Minor Recruits
« Reply #26 on: March 12, 2017, 20:06:29 »
Reserves is still armed forces.. i was in there.. and i dont appreciate you laughing about it.

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Offline Dimsum

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Re: Can Parents Trigger Release/Withdraw Consent for Minor Recruits
« Reply #27 on: March 12, 2017, 20:58:02 »
Reserves is still armed forces.. i was in there.. and i dont appreciate you laughing about it.

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Relax.  I think GW meant that it's "serving", not "servicing" the country.
Philip II of Macedon to Spartans (346 BC):  "You are advised to submit without further delay, for if I bring my army into your land, I will destroy your farms, slay your people, and raze your city."

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Offline Oldgateboatdriver

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Re: Can Parents Trigger Release/Withdraw Consent for Minor Recruits
« Reply #28 on: March 12, 2017, 20:59:01 »
The PRes are completely "VOLUNTARY".  The only punishment for not showing up for "Parades" and training is that the person after a period of four weeks will be put on the NES list and the Release process will begin.  If the person's parents keep them at home, causing them to miss training, then they fall under those conditions, personal or not. 

The way this discussion is going is all speculation.  No one, except the OP, knows what circumstances the OP is finding themself in.  If it continues for too long, the OP will have likely moved out, got married, and raise kids who they can then sign authorization to join the PRes.

Don't confuse the fact that reserves are voluntary, meaning there are no set terms of service where duration is concerned and a reservist may "quit" any time he/she wants unless called out under the NDA (i.e. war), and parental consent to enrol. As FJAG indicated (above now that the thread has been merged), consent to enrolment is a one time thing as far as the military is concerned. There is no "continuing" consent requirement. In the present can the poster asked specifically about withdrawal of parental consent after enrolment. There is no such animal. However, how parents and child interact at home and as a result, the issue of wether or not the "child" should voluntarily ask for termination of service is up to them to work out privately. One thing is sure, however: the parents cannot just show up at a reserve units and ask for their child to be "voluntary" released from the military. Only the CAF member himself/herself can do that.

 

Offline Ryan_T

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Re: Can Parents Trigger Release/Withdraw Consent for Minor Recruits
« Reply #29 on: March 12, 2017, 20:59:30 »
My typo. Stupid auto correct.

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Offline Quirky

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Re: Can Parents Trigger Release/Withdraw Consent for Minor Recruits
« Reply #30 on: March 12, 2017, 21:05:03 »
:rofl:

Did you really intend that to be "servicing"?

Autocorrect gone wrong, or in this case, hilariously right.   ;D

Offline Ryan_T

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Re: Can Parents Trigger Release/Withdraw Consent for Minor Recruits
« Reply #31 on: March 12, 2017, 21:07:19 »
Autocorrect gone wrong, or in this case, hilariously right.   ;D
I cant figure out how to turn it off in my phone

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Offline tyorke0

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Re: Can Parents Trigger Release/Withdraw Consent for Minor Recruits
« Reply #32 on: March 12, 2017, 22:26:54 »
Ok interesting thanks everyone.  I will try and ensure that nothing goes any further as to them stopping me from training.  They haven't tried anything yet other than saying they really don't want me in and trying to convince me to quit but I just wanted to know if they could actually make a call and get me out. Which I now know they can't, everything else has to be worked out st home,  so thanks everyone. Just one last question.  It was mentioned about emancipation if I did theoretically do that and win. Once I am17 could I join ref force? Because if it's 17 with parent permission and you no longer need parent permission can you just join? Thanks again

Offline Ryan_T

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Re: Can Parents Trigger Release/Withdraw Consent for Minor Recruits
« Reply #33 on: March 12, 2017, 22:28:44 »
Ok interesting thanks everyone.  I will try and ensure that nothing goes any further as to them stopping me from training.  They haven't tried anything yet other than saying they really don't want me in and trying to convince me to quit but I just wanted to know if they could actually make a call and get me out. Which I now know they can't, everything else has to be worked out st home,  so thanks everyone.
When i left the reserves, it took months after my letter was handed in before they granted the release.

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Offline tyorke0

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Re: Can Parents Trigger Release/Withdraw Consent for Minor Recruits
« Reply #34 on: March 12, 2017, 22:31:02 »
When i left the reserves, it took months after my letter was handed in before they granted the release.

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I am still in BMQ so the release is pretty quick. Someone in my BMQ now applied 2 weeks or a week ago not sure specifcally and he is already done next week.  I think it's just cause we're still in BMQ. But who knows

Offline Ryan_T

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Re: Can Parents Trigger Release/Withdraw Consent for Minor Recruits
« Reply #35 on: March 12, 2017, 22:32:46 »
I am still in BMQ so the release is pretty quick. Someone in my BMQ now applied 2 weeks or a week ago not sure specifcally and he is already done next week.  I think it's just cause we're still in BMQ. But who knows
I guess its a little different for res force BMQ. Reg force is longer than that to get released.

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Offline tyorke0

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Re: Can Parents Trigger Release/Withdraw Consent for Minor Recruits
« Reply #36 on: March 12, 2017, 22:40:45 »
I guess its a little different for res force BMQ. Reg force is longer than that to get released.

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Oh I see.  It probably helps that for us there's so much time in between training (Mon to fri) that they can get paper work through faster not sure tho.

Offline Ryan_T

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Re: Can Parents Trigger Release/Withdraw Consent for Minor Recruits
« Reply #37 on: March 12, 2017, 22:43:59 »
Oh I see.  It probably helps that for us there's so much time in between training (Mon to fri) that they can get paper work through faster not sure tho.
Maybe.. are you enjoying basic?

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Offline mariomike

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Re: Can Parents Trigger Release/Withdraw Consent for Minor Recruits
« Reply #38 on: March 12, 2017, 22:46:51 »
Once I am17 could I join ref force? Because if it's 17 with parent permission and you no longer need parent permission can you just join?

Who can apply:

To apply to the Forces, you must:
1.Be a Canadian Citizen.
2.Be 17 years of age, with parental consent, or older, except:
•Regular Officer Training Plan – Junior applications must be 16 or older.
•Reserve Force - Applicants may be 16 years of age if they are also enrolled as a full-time high school student.

3.Have completed at least Grade 10 or Secondaire IV (in Quebec).
•Certain entry programs and occupations require higher levels of education.

I am still in BMQ so the release is pretty quick. Someone in my BMQ now applied 2 weeks or a week ago not sure specifcally and he is already done next week.  I think it's just cause we're still in BMQ. But who knows

It probably helps that for us there's so much time in between training (Mon to fri) that they can get paper work through faster not sure tho.

VR processing will vary between PRes and Regular Force.

The PRes are completely "VOLUNTARY".  The only punishment for not showing up for "Parades" and training is that the person after a period of four weeks will be put on the NES list and the Release process will begin. 

VR during BMQ/Indoc?
https://army.ca/forums/index.php?topic=112121.0
5 pages,

See also,

VR during BMQ
https://www.google.ca/search?q=site%3Aarmy.ca+vr+bmq&sourceid=ie7&rls=com.microsoft:en-CA:IE-Address&ie=&oe=&rlz=1I7GGHP_en-GBCA592&gfe_rd=cr&ei=xAXGWOzsKqWC8Qft85noBA&gws_rd=ssl

If you plan to VR from the PRes and re-apply for the Regular Force?  You may wish to read the 37-page "Getting Back in" mega-thread.
« Last Edit: March 12, 2017, 23:46:32 by mariomike »
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Offline Blackadder1916

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Re: Can Parents Trigger Release/Withdraw Consent for Minor Recruits
« Reply #39 on: March 13, 2017, 00:05:55 »
Ok interesting thanks everyone.  I will try and ensure that nothing goes any further as to them stopping me from training.  They haven't tried anything yet other than saying they really don't want me in and trying to convince me to quit but I just wanted to know if they could actually make a call and get me out. Which I now know they can't, everything else has to be worked out st home,  so thanks everyone. Just one last question.  It was mentioned about emancipation if I did theoretically do that and win. Once I am17 could I join ref force? Because if it's 17 with parent permission and you no longer need parent permission can you just join? Thanks again

According to you, you have already enrolled in the Canadian Forces.  It does not matter whether it is regular, reserve or special force, you're already in.  If someone in the reserves wishes to go regular, they do not "join again".  They do a component transfer.

Now, as a purely hypothetical exercise (and I would welcome learned comment from one of the ambulance chasers that frequent the site), if someone under the age of 18 wished to join the CF, the applicable federal law would apply.

http://laws-lois.justice.gc.ca/eng/acts/n-5/page-4.html#h-16
Quote
When consent of parent or guardian required

(3) A person under the age of eighteen years shall not be enrolled without the consent of one of the parents or of the guardian of that person

The exact wording of that section of the National Defence Act apparently makes no accommodation for emancipated minors, nor does it refer to differing ages of majority in the individual provinces.
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Offline CountDC

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Re: Can Parents Trigger Release/Withdraw Consent for Minor Recruits
« Reply #40 on: March 25, 2017, 12:56:34 »
Interestingly enough many years ago I had the displeasure of running into this situation and yes the son was released on the mothers say so. Don't know if he carried through with his comment to her though that he would be back in 6 months when he turned 18 and didn't need her approval.  In that case the mother apparently didn't understand the military used rifles and was very upset to see her son come out of the field all cammed up and carrying one when she stopped in for a surprise visit. :facepalm: :rofl:
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Offline RADOPSIGOPACISSOP

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Re: Can Parents Trigger Release/Withdraw Consent for Minor Recruits
« Reply #41 on: March 30, 2017, 14:36:33 »
I honestly doubt the CF is going to put up much of a legal defense if a parent insists that their 17 year old reservist child quit the military. It's probably not a precedent they really want to fight, nor is the retention of a part time reservist with likely no more than BMQ completed really worth it to the CAF. As said before, a parent could very well just refuse to allow their child to attend training nights until the reservist becomes non-effective strength and is thus released.

A more interesting case would be a Regular Force member that has completed BMQ but is under the age of 18, that may very well be a whole different ball game.

Offline mariomike

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Re: Can Parents Trigger Release/Withdraw Consent for Minor Recruits
« Reply #42 on: March 30, 2017, 15:00:32 »
A more interesting case would be a Regular Force member that has completed BMQ but is under the age of 18, that may very well be a whole different ball game.

I'm not a lawyer, but I read this,

In my humble and very legalistic view, the consent is a one-time consent to enrolment and not required for continued service in the CF. Once freely given, and once enrolment is completed, the consent is no longer revocable and the individual remains a member. And as I've said many many times before -- I'm retired now, no longer practice law and this is therefore not a legal opinion but merely a wild a**ed educated guess.

« Last Edit: March 30, 2017, 15:30:30 by mariomike »
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