The Government Should Not Suspend Civil Right For National Security

The entrenchment of rights in the Canadian Constitution comes after long experience with a system of parliamentary supremacy. The American judicial tradition of treating the written constitution as fundamental law cannot have an instant Canadian counterpart. Thus, it does not follow that the Canadian courts will necessarily claim a role comparable to that of courts in the United States, nor is it clear that the representative bodies in Canada would tolerate such a judicial assertion of power. Opposition by government bodies to the Charter have already occurred in Canada, where the Parti Quebecois government of Quebec invoked the “notwithstanding the Canadian Charter of Rights and Freedoms” clause for the purpose of protecting their language laws from attack under the charter. This report will attempt to note some of the common and distinctive features of the text of the two constitutions as well as to how they differ.

The rights of many people versus the rights of an individual is certainly a vexing concept. Like a delicate balancing act; if one side is favoured over the other it causes a rift in the already strained relationship between the minority and majority. Evidently, the justification of taking any side must be valid, according to the theories of H.L.A. Hart. In the past, Canadian law has violated the rights of minorities; however, these violations have decreased in their severity as time has passed on. Some cases where the balance between minority and majority rights is questioned is in The Canadian Indian Residential School System, Bill 101, Equality in the Workplace and The Public Service Act.

The Canadian Charter of Rights and Freedoms is without a doubt one of Canada’s most important section entrenched in the Canadian Constitution. The Charter of Rights and Freedoms is a bill of rights enacted into the Canadian Constitution as part of the Canada Act in 1982. However, the Charter was Canada’s second attempt to protect the rights and freedoms of its citizens all throughout the country and on every level of government. The Canadian Bill of Rights, which preceded the Charter was enacted in 1960. However, being only a federal statute rather than a full constitutional document, it had no power and application to provincial laws. In addition, the Supreme Court of Canada only narrowly interpreted the Bill of Rights, therefore rarely unlawful laws were declared inoperative and continued to exist. As a result, the ineffectiveness of the Bill of Rights led to many movements to improve the protection of rights and freedoms in Canada. However, similar to its predecessor, the Charter is not without faults, and loopholes. In some cases, it has even infringed upon certain liberties and democratic rights and freedoms. In other cases, the Charter has incited conflicts between liberty and democracy and raised questions that speculate whether it is truly democratic.

. . infuriated by” is still widely debated. Some argue that it removed many of the rights granted to Canadians, while others commend the government for doing their job and protecting the people of the nation. The process that led up to the enactment of the War Measures Act was that on October 15, Quebec acted within the National Defense Act which “permitted Quebec to call in the Canadian Army.” Arrival of the troops created unrest within the province and the next day, at the request of the Quebec government, “the War Measures Act Regulations were proclaimed by Ottawa.” The War Measures Act allowed authorities (police and army) to arrest and imprison anyone who had any tie to the “unlawful association” which was the FLQ in this case. Many people were detained and released again; this enactment facilitated the arrest of many of the leaders within the FLQ which stopped much of the momentum of the terrorist movement. Many people saw the War Measures Act as a “Great Reinforcer” for the police as well as for the governments reputation. The chaos that ensued in October put much stress upon the Prime Minister at the time, Pierre Elliott Trudeau, who was a Quebecois

Pierre Trudeau is one of Canada’s most renowned Prime Ministers. He was in office April 20, 1968, to June 4, 1979, and later on March 3, 1980, to June 30, 1984,.¹ An event that Pierre Trudeau is well known for is the enactment of the War Measures Act during the October Crisis. This decision to invoke the War Measures Act during the October Crisis has led to a great deal of controversy on whether the act was justified. The October Crisis was a series of events in October 1970, these events began with the kidnappings of James Cross and later Pierre Laporte by the group known as the FLQ (Front de libération du Québec) the group’s main goals were to create an independent Quebec.2 The group resorted to terrorist acts in order to achieve those goals, this later led to Prime Minister Pierre Trudeau invoking the War Measures Act. The War Measures Act was a federal statute adopted by parliament during WWI and has been used 3 times; during WWI, WWII and during the October Crisis. The act gives major power to the Canadian government to uphold security during times of great distress.3 Pierre Trudeau was justified in enacting the War Measures Act during the October Crisis. One reason that Pierre Trudeau was justified in invoking the War Measures Act is that the FLQ was essentially a terrorist organization responsible for the deaths and injuries of countless people. Since the group was formed in the early 1960’s, the terrorist group’s acts had only worsened from mailbox bombings to

There are moments when civil liberties should be curtailed in democratic countries like the US and Canada, in order to maintain national security. While this is true, there are also moments that an individual’s civil liberty should be maintained whereas it is not. Consequently, governments should make clear boundaries as to which occasions civil liberties should be restricted. For instance, both the Patriotic Act and the Anti-terrorist Act allowed rover wiretapping which are needed to deal with terrorists who have a sophisticated knowledge of how technology works.

Apart from the other laws in Canada’s constitution, the Canadian Charter of Rights and Freedoms is an important law that affects every Canadian’s rights and freedoms. It was created in 1981 by former Prime Minister Pierre Trudeau to provide legal protection for the most important rights and freedoms. These rights include fundamental freedoms, democratic rights, mobility rights, and legal rights. Most but not all articles included in the Universal Declaration of Human Rights are protected in the constitution. However, if a Canadian feels that their rights are violated, they can challenge laws and unfair actions using the justice system. In my opinion, I believe the Canadian Charter of Human Rights somewhat protects Canadians’ rights and

From the overthrowing of the Russian Tsar to the exile of the Nationalists, the world has been in a state where radical movements have been the main focus of citizens, even in democratic societies. The October Crisis was one of these extraordinary events that had occurred. It was a period of international and national revolutionary movements that used violent acts against constitutional measures. The 1970 October Crisis was a pivotal moment that had an undeniable and lasting impact on Canadians as it revealed the wisdom of Trudeau’s decision to enact the War Measures Act, demonstrated that the FLQ (a left-winged terrorist organization) was not a good representative of the French-Canadians, and it

The necessity to limit the rights and freedoms of Canadians is illustrated and reinforced through the governments use of reasonable limits, ‘notwithstanding clause’ to limit individual rights and freedoms, and the occasional need for the government to have power extended above and beyond the limits prescribed in the Charter.

As a nation, Canada is known to the rest of the world for being thoughtful, polite, and generally very accepting of all ethnicities and people. However, the treatment of Canada’s Indigenous population, Japanese Canadians, African American and Indigenous slaves seems to suggest otherwise. Canada's dark past may not be talked about often, but there are three main events that targeted specific ethnic groups which still affect those people today. Residential Schools led to major negative cultural consequences, as well as psychological and sociological effects. Japanese-Canadian Internment Camps were used to strip Japanese Canadians of their rights because of the World War II bombing of Pearl Harbor. And finally, for two centuries slavery was legal in New France, and in Lower Canada under British rule. Human beings were being held captive and were owned by many people, including governors, bishops, military officers, priests, and blacksmiths. All of these terrible consequences can be accredited to Canada’s imperialistic policies.

In October 1970, Canada faced a pressing terrorist attack in Montreal, Quebec by a group known as the Front de Liberation du Quebec, or the FLQ for short. The group committed multiple attacks starting in 1963 that slowly escalated until the October Crisis, where they kidnapped two government officials and proceeded to murder one of them. The Canadian government responded harshly and rapidly. The prime minister of Canada, Pierre Trudeau, issued the War Measures Act which along with various things allowed the police and military full reign to arrest people and hold them with no explanation. The Canadian population was highly supportive of the government’s action believing that this extreme state repression would bring a finish to the October

The “Sons of Freedom” are a small radical group that diverged from a religious sect known as the Doukhobors.  This zealous and revivalist subsect evolved from the Doukhobors only to gain the government’s attention for their extremely radical acts.  They have initiated bombings, arson, nudist parades, and hunger strikes, all in protest to the land ownership and registration laws of Canada.  Such obscene and violent demonstrations have caused a great deal of conflict between the Sons of Freedom and the Canadian government’s legal system and have also generated much public resentment.  However, should the State of Canada have imposed laws upon this minority group that blatantly conflicted with their religious beliefs?

This type of secretive government program certainly defines the contradictions of a so-called democratic country, which has continually propagandized the idea of equal rights and the right of individuals to have different political ideas. The role of the RCMP actually presents a type of “police state” mentality that projects a threat to democracy as a part of human rights violations committed by the Canadian government during this time. The Cold Ear ideology of “capitalism versus communism” certainly created a hyper-reactionary dualism in Canadian politics, which viewed anyone who supported communism as an enemy of the state. PROFUNC certainly defines a concerted effort by government officials and the RCMP to monitor Canadian communists with the future potential of having them imprisoned during a time of war with the Soviet Union.

In the midst of the October Crisis Pierre Trudeau handled the time of terrorism well. In this essay one will see how Trudeau handled the crisis excellently by examining the first domestic use of the War Measures Act which led to improvements on the Act, ensuring that Quebec did not become its own independent country, and how Canada stood behind and supported Quebec and Pierre Trudeau through the acts of violence led by the FLQ.

It was threatening to Canada as it affected the Citizen’s safety and the political issues of separating Quebec. The FLQ was a Quebec Separatism terrorist group that was determined to end the English colonization of Quebec. After the FLQ kidnappings, Prime Minister Pierre Trudeau enabled the War Measures act which suspends civil liberties, and banned the FLQ. The Canadian Army was then sent into Montreal and Ottawa to protect the citizens and important officials. Canada did not need to rely on Britain’s help on this huge threat to Canadian culture and society. Quebec did not become its own independent country, and the Quebec Left wing parties lost an enormous amount of support. A few other benefits and reasons why it affected Canada was that the Crisis was one of Canada's first real terrorist acts, it was also the first domestic use of the War Measures Act (which lead to improving the entire act), and it was one of Pierre Trudeau's well known accomplishments. Since the FLQ was a political-left wing party, the events of the Crisis caused many Canadians to lose support for the FLQ and the left wing after the kidnappings and various attacks. Since the October Crisis was one of Canada's first real terrorist attacks, the government learnt more on how to prevent the same events from happening in the future. In addition, Prime Minister Trudeau gained support from many Canadians for the way he handled the entire