Re De Bruijn,

• Docket Number: Case No. 29
• Date: 19 December 1941
• Court: Supreme Court (Canada)

Canada, British Columbia Supreme Court.

(Fisher, J.)

Case No. 29

Re de Bruijn.

Jurisdiction — Exceptional Jurisdiction of Allied Forces in Territory of Another Ally — Dutch Forces in Canada — Enforcement of Laws of Foreign State — Law Relating to Military Service — Canadian Foreign Forces Order, 1941 — Dutch National Resident in Canada — Liability to Arrest and Detention.

In this case, which does not require a detailed report, the question before the Court was analogous to that in In re Amand (No. 1) (see above, Case No. 28). The summary of the Report gives the essential facts and the decision of the Court as follows:

It being determined as a question of fact that by the law of the Netherlands a Netherlands national resident in Canada is deemed to become a member of the Armed Forces of the Netherlands on being called up for military service and that he remains a member thereof after enrolment and service notwithstanding the grant of extended leave of absence and/or his subsequent acquisition of British nationality, held, such person is subject to the Foreign Forces Order, 1941, P.C. 2546 (April 15, 1941), and to General Order, 125, 1941, made by the Minister of National Defence for Canada pursuant thereto; and he may therefore be arrested and detained by members of the Canadian Army as a deserter from the Netherlands Force in Canada at the request of the Officer Commanding such foreign force. The Foreign Forces Order applies to persons who were members of a specified foreign force on the day such Order came into force as well as to those who subsequently became members thereof. It is immaterial that the foreign national responded to the call of his Government in the mistaken belief that he could be compelled to do so.

S. 8 of the Foreign Forces Order provided as follows:

“For the purpose of enabling the service courts and service authorities of a foreign Power to exercise more effectively the powers conferred upon them by this Order, the Minister of National Defence, if so requested by the officer commanding of a foreign force or by the Government of the Foreign Power to which the force belongs, may from time to time by general or special orders to any home force direct the members thereof to arrest members of the foreign force alleged to have been guilty of offences against the law of that Power and to hand over any person so arrested to the appropriate authorities of the foreign force.”

The Court had before it a letter of the Canadian Secretary of State...