Toronto

[Nic Name]

Irrevocable. Our freedoms are subject to legislation that can be enacted, if it specifically states that it is notwithstanding the Charter of Freedoms. Now that is quite different than the American constitutional protections, which limit government legislative powers.

The War Measures Act suspends the Charter of Freedom with a declaration of a state of emergency or war.

During the FLQ Crisis in 1970, the Prime Minister invoked the War Measures Act because of a Separatist/Terrorist threat in Quebec.

From a speech by Pierre Trudeau, Prime Minister of Canada, October 16, 1970

The War Measures Act gives sweeping powers to the Government. It also suspends the operation of the Canadian Bill of Rights. I can assure you that the Government is most reluctant to seek such powers, and did so only when it became crystal clear that the situation could not be controlled unless some extraordinary assistance was made available on an urgent basis.


The authority contained in the Act will permit Governments to deal effectively with the nebulous yet dangerous challenge to society represented by the terrorist organizations. The criminal law as it stands is simply not adequate to deal with systematic terrorism.


The police have therefore been given certain extraordinary powers necessary for the effective detection and elimination of conspiratorial organizations which advocate the use of violence. These organizations, and membership in them, have been declared illegal. The powers include the right to search and arrest without warrant, to detain suspected persons without the necessity of laying specific charges immediately, and to detain persons without bail.


These are strong powers and I find them as distasteful as I am sure do you. They are necessary, however, to permit the police to deal with persons who advocate or promote the violent overthow of our democratic system. In short, I assure you that the Government recognizes its grave responsibilities in interfering in certain cases with civil liberties, and that it remains answerable to the people of Canada for its actions. The Government will revoke this proclamation as soon as possible.

When questioned by the press, Trudeau uttered his famous line, "How far will I go? Just watch me."

[Edited note:]

Could This Happen Today?

The War Measures Act was repealed in 1988. It was replaced with the Emergencies Act. The Emergencies Act allows the federal government to make temporary laws in the event of a serious national emergency.

The Emergencies Act differs from the War Measures Act in two important ways:

1. A declaration of an emergency by the Cabinet must be reviewed by Parliament
2. Any temporary laws made under the Act are subject to the Charter of Rights and Freedoms.

Thus any attempt by the government to suspend the civil rights of Canadians, even in an emergency, will be subject to the "reasonable and justified" test under section 1 of the Charter.