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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?.
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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 groupsbecause 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-fly-list.html?ref=rss • Maher Arar - http://www.maherarar.ca/mahers%20story.php