Issue #3: To what extent are the principles of liberalism viable?

Chapter 11: Rejecting the Principles of Liberalism

Should Liberal Democracies always adhere to the Principles of

Liberalism?• During times of war, emergency, and

environmental crisis, liberal democracies have restricted people’s movement, controlled people’s access to information, and limited people’s rights, freedoms, and choices.

• Usually temporary• Often applied only to certain groups.• Ex. Smoking, Canadian soldiers in Afghanistan,

US Army’s “stop-loss” provision.

The War Measures Act

• First passed in 1914.• Invoked only 3 times. Each time the actions taken by the

government were atypical for a liberal democracy.• Allows the cabinet to govern by decree rather than

through discussion and debate in Parliament.• Reasons that have been given to justify using the Act:

– Necessary for the overall good of society– Justified because of the threat or severe nature of

the situation– Essential to protect, retain, or secure other

principles of liberalism.

1. The First World War and Enemy Aliens

• During WWI under the War Measures Act immigrants from the Central Powers countries (Germany, Austria-Hungary, and the Ottoman Empire) already residing in Canada were considered enemy aliens.

• Enemy Aliens were:– Required to register with the Canadian government.– Carry government issued ID cards at all times.– Not permitted to publish or read anything in a

language other than English or French

The First World War and Enemy Aliens con’t

– Could not leave the country without exit permits.

– Could not possess firearms– Could not join any group the government

deemed inappropriate, dangerous, or seditious.

• Several thousand were sent to interment camps, property was confiscated or went missing.

• Camps did not close until 1920.

2. The Second World War and Japanese Internment

• War Measures Act used to intern Japanese Canadians.

• 23000 placed in interment camps in early 1942.• Order in Council declared 160 km strip along the

BC coast a protected area.• Men placed in work camps.• Property sold.• After the war had to move from west of the

Rockies or leave the country.

3. October Crisis, 1970

• The Quiet Revolution was a time of rapid social, economic, and political modernization in Quebec.

• Some who felt change was happening too slowly supported the use of violence, terrorism and other illegal means.

• FLQ – Front de liberation du Quebec founded in 1963.

October Crisis, 1970 con’t

• October 5, 1970 - FLQ kidnapped British Trade Commissioner James Cross.

• October 10 - Pierre Laporte is kidnapped and eventually killed.

• October 16 – War Measures Act is invoked by PM Pierre Trudeau. State of “apprehended insurrection” existed in Quebec.

• Civil liberties are suspended.• Questions page 401.

Canada’s Anti-Terrorism Act

• Became part of the Criminal Code on December 18, 2001.

• Gave police new powers:– Can arrest people and hold them without charge for

up to 72 hours if they are suspected of planning a terrorist act.

– Can make preventative arrests– More easily access electronic surveillance during

investigations.

• Does this take away civil liberties?• Abdllah Almalki case page 396.

Emergencies Act, 1988

• 1. Defines what an emergency situation is.• 2. Limits the power of government during the

crisis. Emergency measures are subject to the approval of Parliament. Must specify where the emergency measures apply.

• 3. Must take into account rights of Canadians as outlined in the Charter of Rights and Freedoms. Compensation can be awarded to anyone who suffered injury or damages as a result of the Act’s application

The USA Patriot Act

• Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001

• Purpose: “deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purpose.”

• Opposed by many groups because of it’s potential threat to personal liberties.

• http://video.google.com/videoplay?docid=2478383036115923709#docid=-2927921185803616558

• http://www.youtube.com/watch?v=gFVQ0HZz2mc

The USA Patriot Act con’t

• National Security Letters – provision of the USA Patriot Act that allowed the government to obtain sensitive customer records from internet service providers without a warrant from a judge. Challenged and won by the ACLU.

• Gag Provisions – allowed the government to sensor protestors’ complaints against the Act.

• The gag provisions of the act were also declared as “unconstitutional prior restraint” on free speech.

Canada’s No-Fly List

• List of people identified as posing an immediate threat to aviation security.

• Fewer than 1000 names on Canada’s list• Not publically available.• American list contains more than 44000 names.• http://www.cbc.ca/canada/story/2007/06/18/no-fl

y-list.html?ref=rss

• Maher Arar - http://www.maherarar.ca/mahers%20story.php