War Measures Act: Internment in Canada

War Measures Act: Internment of "Enemy Aliens" (WWI)

• The Canadian government passed the War Measures Act during WWI, granting extraordinary powers for detention.
• Immigrants from Austria-Hungary were labeled "enemy aliens" and roughly 8,600 were interned in camps.
• Additionally, 80,000 others were required to carry ID cards and report to police.
• Abuse was allowed due to the War Measures Act permitting extreme actions under the guise of national security without oversight.
• Anti-immigrant sentiment contributed to a lack of public opposition.
• Abuse was unacceptable because those detained were subjected to unfair treatment and forced into labor camps without due process, based solely on their nationality.

War Measures Act: Internment of Japanese Canadians (WWII)

• The Canadian government used the War Measures Act to intern approximately 22,000 Japanese Canadians.
• The government confiscated properties and placed families in camps in British Columbia.
• Abuse was allowed due to the War Measures Act, permitting detention without charges during perceived national security threats.
• Wartime hysteria and racial prejudice against Japanese Canadians fueled public and government support for internment.
• Abuse was unacceptable because Japanese Canadians, many of whom were citizens, were treated as threats based solely on their ancestry.
• The treatment violated fundamental rights to freedom, property, and equality.

Christie v. York Corp. (1940)

• Fred Christie, a Black man, was refused service at a Montreal tavern due to a "house rule."
• He sued, but the Supreme Court supported York Corporation's right to choose their clientele.
• Abuse was allowed due to the absence of specific anti-discrimination laws regarding racial discrimination.
• The court’s disregard of the refusal to provide service to a Black man reflected societal norms of the time that enabled discrimination in private enterprise.
• Unacceptable because denying service based on race violated his dignity and equality, highlighting the need for equal treatment for all citizens.

War Measures Act: Pierre Elliott Trudeau and the October Crisis (1970)

• Prime Minister Pierre Trudeau invoked the War Measures Act due to the October Crisis (FLQ kidnappings).
• This allowed the government to suspend civil liberties and detain individuals without charges.
• Abuse was allowed due to the perceived threat of terrorism and the public's concern, prompting the suspension of normal legal processes.
• The suspension of civil rights was unacceptable for impacting numerous citizens not connected to the FLQ.
• Unchecked governmental powers during crises are dangerous.

John Stuart Mill - The Harm Principle

• People are free to act as long as it doesn't harm others.
• Actions can only be limited when there's damage to others.

Jean Jacques Rousseau – Social Contract

• Individuals have inherent rights.
• The social contract is an agreement with society where individuals agree to follow laws for collective well-being.

Declaration of Rights of Man (1789)

• A document inspired by the American and French Revolutions.
• It outlines the natural rights of man, including liberty, property, security, resistance to oppression, freedom of religion, and speech.

Napoleonic Code (1804)

• Also known as the French Civil Code, it serves as the basis for the Civil Code of Quebec.
• The code emphasizes equality and justice for all.

Abolition of Slavery

• The British Empire abolished slavery in 1833.
• The United States abolished slavery in 1865 (13th Amendment).

Magna Carta (1215)

• A significant English law signed by King John, establishing the rule of law, preventing rulers from restricting people's freedoms without reason, and ensuring that legal rights can't be altered without consent.

Canadian Bill of Rights (1960)

• Codified civil rights and freedoms.
• Aimed to protect against government treatment that was unfair.

The Supreme Court of Canada (Court System)

• Details the structure of different courts, including a system of appeals.
• Details supreme court jurisdiction.
• Covers the process and composition of the Supreme Court.

Provincial Courts (Court System)

• Covers the structure and responsibilities of Provincial courts.
• Includes details for different categories of offenses and their trials.

International Criminal Court (ICC)

• Created to try individuals for serious international crimes (genocide, war crimes, crimes against humanity).
• Establishes a permanent tribunal for international justice.
• Details the mandate and location.

Legal Tests for Rights and Freedoms

• Minimal Interference: Infringements on rights must be minimal and tolerable.
• Proportionality: Solutions (legislation) should be reasonable and not excessive.
• Bona Fide Legislative Objective: Solutions should be related to the issues.
• Rational Connection: Solutions must logically relate to the issue & be appropriate.
• Bona Fide Occupational Qualification: Employment standards should be necessary and non-discriminatory.
• Reasonableness, Accommodation: Employers must accommodate special needs, especially religious ones.
• Stigma, Human Dignity: Laws should not degrade a person's worth or cause feelings of indignity.

Gladue Reports

• Pre-sentencing/bail reports for Indigenous offenders.
• Aimed at addressing systemic issues affecting Indigenous people.
• Provides background, history, trauma, ties to community, and possible sentencing alternatives.

Vriend v. Alberta (1998)

• Case challenged the exclusion of sexual orientation as a protected ground in Alberta’s Individual Rights Protection Act (IRPA).
• The Supreme Court of Canada found the exclusion violated equality rights.
• The case set a precedent for recognizing sexual orientation as a protected ground.

R. v. Brown (2003)

• Case focused on racial profiling when an arresting officer implied racial prejudices towards the defendant.
• A judge's conduct in a case may be questionable.
• Court emphasized the need for judges to maintain impartiality in cases, especially those involving racial profiling.

Conway v. The Queen (1993)

• Case contested cross-gender searches of inmates in prisons.
• The Supreme Court ruled that the searches were not a violation of inmates' rights under the Charter.
• The court's decision balanced the security needs of the prison system against the rights of the individuals in the prison.

Christie v. York Corp. (1940)

• The case dealt with a private business's refusal to serve a person based on race, and the question of whether Quebec's laws were violated.
• Established the freedom of businesses to choose whom to service, unless specifically prohibited by law.

R. v. Big M Drug Mart Ltd. (1985)

• The Supreme Court of Canada found the Lord's Day Act unconstitutional, as it violated freedoms of conscience and religion.
• The court's decision upheld important Charter freedoms.

Explore the impact of the War Measures Act during WWI and WWII on 'enemy aliens' in Canada. Learn about the internment of Austrian-Hungarians and Japanese Canadians, including the policies and abuses that occurred. This quiz examines the historical significance and consequences of these actions on immigrant communities.