Bill S-19

1st Session, 36th Parliament,

46-47 Elizabeth II, 1997-98

senate of canada

BILL S-19

An Act to give further recognition to the war-time service of Canadian merchant navy veterans and to provide for their fair and equitable treatment

WHEREAS the full extent of the dangers faced by those Canadians and Newfoundlanders who went down to the sea in ships in World Wars I and II and the Korean conflict to carry the necessities of survival to the armed forces of Canada (its air, sea and land elements) and its allies and to the civilian populations of these countries has yet to be fully acknowledged on behalf of the people of Canada, and those veterans and their dependants have not been the recipients of the same benefits and recognition given the war veterans of the armed forces of Canada or their dependants for service in the same wars;

WHEREAS history records that the casualties of the merchant navy were proportionally greater than those of any of the armed forces of Canada in World War II;

WHEREAS, the war-time services of the merchant navy have been more fully recognized by Australia, the United Kingdom and the United States at different times since the end of World War II by legislation conferring benefits upon the merchant navy war veterans and their dependants;

WHEREAS, since the average age of the merchant navy war veterans now living who served on the ships of Canada during World War II is now approximately 80, there remains but a short time for Canada to redress the injustice done to those who served with such distinction to ensure the survival of Canada and its allies and their armed forces;

AND WHEREAS, in many cases, the merchant navy was armed for the purpose of self–defense and, as such, its services to Canada are of like value to those of the armed forces of Canada;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. This Act may be cited as the Merchant Navy War Service Recognition Act.

2. (1) For the purpose of this Act a “merchant navy war veteran” refers to

(a) a person who had service on a Canadian ship during World War I or World War II,

(b) a Canadian national or a resident of Newfoundland who had service on an allied ship during World War I or World War II,

(c) a person who, during the military conflict in Korea between July 2, 1950 and July 27, 1953, had service on a Canadian ship bringing supplies to any of the United Nations military forces or bringing aid to the civilian populations affected by the conflict,

and, in respect of paragraphs (a) and (b), includes a person who, though formally committed to service on a ship, was killed, injured or disabled in a theatre of war or in training prior to joining the ship and through no fault of that person failed to join the ship.

(2) In this Act, “allied ship”, “Canadian national”, “Canadian ship”, “service”, “World War I” and “World War II” have the same meanings as in Part I of the Merchant Navy Veteran and Civilian War-related Benefits Act.

3. The purpose of this Act is to compel the end of legislative and governmental discrimination against merchant navy war veterans in the distribution of awards and benefits and in public ceremonies of acknowledgement for war-time services in World War I, World War II or the Korean conflict so that merchant navy war veterans will, in the future, receive similar and equitable treatment to that provided to the war veterans of the armed forces of Canada.

4. (1) After the commencement of this Act but subject to subsection (2), no Act of Parliament that would make any provision for a financial or other benefit to war veterans of the armed forces of Canada who served in World War I, World War II or the Korean conflict or their dependants is valid unless the Act makes provision for a like benefit to merchant navy war veterans or their dependants.

(2) Subsection (1) does not apply if the Act referred to in that subsection expressly provides that its provisions prevail over this Act notwithstanding that they would discriminate against merchant navy war veterans or their dependants.

5. The Government of Canada shall not participate in or participate in the funding or organizing of any ceremony in Canada or abroad for Remembrance Day, the Battle of the Atlantic, or to remember prisoners of World War I, World War II or the Korean conflict or to remember or honour those who died in those wars or the Korean conflict unless a recognized representative of the merchant navy war veterans of Canada has been invited to attend and participate in the ceremony in like manner and with any like financial aid given to representatives of any war veteran organization of the armed forces of Canada.

6. Nothing in this Act restricts or prejudicially affects any efforts by the merchant navy war veterans to achieve equal treatment for themselves and their dependants under other Acts of the Parliament of Canada and any regulation made thereunder in respect of benefits and awards already provided to war veterans of the armed forces.