Keith Mack
Canada has never been under martial law, but the country has come close to it on a few occasions. The War Measures Act, a statute that allowed the Canadian government to assume emergency powers, was invoked three times: during World War I, World War II, and the October Crisis of 1970. In 1988, the War Measures Act was replaced by the Emergencies Act, which was invoked in February 2022 amidst the Freedom Convoy protests. While this move was criticized as being akin to declaring martial law, Prime Minister Justin Trudeau stated that he would not call in the military or suspend fundamental rights.
| Characteristics | Values |
|---|---|
| Martial law in Canada | Martial law has never been proclaimed in Canada since Confederation. |
| War Measures Act | The War Measures Act was a statute that allowed the Canadian government to assume emergency powers, stopping short of martial law. |
| Invocation of War Measures Act | The act was invoked three times: during World War I, World War II, and the October Crisis of 1970. |
| Emergencies Act | In 1988, the War Measures Act was replaced by the Emergencies Act, which was invoked in February 2022 amidst the Freedom Convoy protests. |
| Powers of the Emergencies Act | The Emergencies Act grants the government the authority to regulate and prohibit public assemblies, including blockades, strengthen police powers, impose fines and imprisonment, and authorize financial institutions to regulate and prohibit the use of property to fund or support blockades. |
| Use of military forces | Prime Minister Trudeau stated that the use of military forces against civilian populations in Canada or any other democracy is something to be avoided at all costs. |
| Role of the military in the Emergencies Act | The Emergencies Act does not specifically address the role of the military, but other federal laws such as the National Defence Act allow the Canadian Armed Forces to assist in civil situations if needed. |
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What You'll Learn
The Emergencies Act
Canada is not under martial law. However, the Emergencies Act, which was invoked in February 2022 during the Freedom Convoy protests, is the closest thing to martial law in Canada.
The Act contains a specific definition of a "national emergency", which is an urgent, temporary, and critical situation that seriously endangers the health and safety of Canadians or the ability of the Government of Canada to preserve the sovereignty, security, and territorial integrity of Canada. There are four types of emergencies that can be declared under the Act: public welfare emergency, public order emergency, international emergency, and war emergency.
When the Emergencies Act is invoked, the Canadian Charter of Rights and Freedoms continues to protect individual rights. The Government must respect constitutionally protected rights and freedoms, including the rights of citizens to enter Canada and the right to life, liberty, and security of the person, as well as Canada's obligations under international law.
The Act includes stringent, built-in protections that ensure democratic oversight and accountability with respect to the way the Government exercises its powers. For example, the Government must formally declare an emergency and table a motion in both the House of Commons and the Senate within seven sitting days, explaining the reasons for the Declaration. Both the House of Commons and the Senate must then vote on the motion, and if either does not vote in favour, the Declaration is revoked immediately.
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War Measures Act
Canada is not currently under martial law. However, in the past, Canada has invoked the War Measures Act during times of war and civil unrest.
The War Measures Act
The War Measures Act was a federal law enacted by the Canadian Parliament in August 1914 at the beginning of World War I. The Act gave the Canadian government broad powers during times of "war, invasion, and insurrection, real or apprehended [feared]". It allowed the government to suspend habeas corpus, censor and suppress communications, arrest and detain people without charges or trials, control transportation, trade and manufacturing, and seize private property.
The Act was used to ban publications, restrict free speech, ban political and religious groups, and intern or deport thousands of 'enemy aliens' or anyone who opposed mandatory conscription. It was also used to quell the anti-conscription Easter Riots in Quebec City in 1918, where martial law was proclaimed and soldiers were deployed to suppress the riots.
The War Measures Act was invoked again during World War II, and the Defence of Canada Regulations were implemented under the Act. The Regulations allowed the Minister of Justice to detain without charge anyone who might act "in any manner prejudicial to the public safety or the safety of the state," leading to the internment of fascists, Communists, and opponents of conscription. The Act was also used to intern Japanese Canadians, as well as some German and Italian Canadians.
The War Measures Act was also invoked during the October Crisis in Quebec in 1970, where it was used to investigate and detain individuals involved in the FLQ (Front de libération du Québec), a radical and violent separatist group.
In 1988, the War Measures Act was repealed and replaced by the more limited Emergencies Act, which provides the government with certain powers in times of emergency, such as the ability to deploy the military to support law enforcement, seize property, and conduct searches and seizures without warrants. The Emergencies Act was invoked by Prime Minister Trudeau in 2022 amidst the Freedom Convoy protests, marking the first use of the Act since its enactment.
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Public order emergency
Canada is not currently under martial law. However, on February 14, 2022, the federal government declared a public order emergency under the Emergencies Act to end disruptions, blockades, and the occupation of Ottawa. This declaration was revoked on February 23, 2022, after nine days.
The Emergencies Act, enacted in 1988, replaced the War Measures Act, which was invoked three times: during World War I, World War II, and the October Crisis of 1970. The Emergencies Act allows the federal government to make certain orders and regulations that it believes are necessary to deal with a national emergency. This includes the threat or use of serious violence against persons or property to achieve a political or ideological objective, seriously threatening Canada's sovereignty, security, and territorial integrity.
When a public order emergency is declared, the Canadian Charter of Rights and Freedoms continues to protect individual rights. Any measures taken must be reasonable and proportionate to the risks posed to public safety and the well-being of Canadians. The Act includes strict safeguards to ensure democratic oversight and accountability. The Declaration expires after 30 days unless an extension is confirmed by the House of Commons and the Senate, which must review and can revoke the Declaration and any orders or regulations made under the Act at any time.
The Public Order Emergency Commission (POEC) was established on April 25, 2022, to inquire into the circumstances that led to the declaration of emergency. On February 17, 2023, the Commission released its Final Report, which included 56 recommendations covering policing, federal intelligence, critical infrastructure, cryptocurrencies, social media misinformation, and the Emergencies Act itself. The Government of Canada has reviewed these recommendations and is engaging with provincial and territorial counterparts to discuss areas for collaboration.
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Military involvement
Canada has not had martial law imposed upon it in recent times, but it has come close. The War Measures Act was a statute that allowed the government to assume emergency powers, stopping short of martial law, as the military did not administer justice. This act was invoked three times: during World War I, World War II, and the October Crisis of 1970.
In 1988, the War Measures Act was replaced by the Emergencies Act, which was invoked in February 2022 during the Freedom Convoy protests. This act allows the government to mobilize the military to support law enforcement and curtain certain freedoms, giving the government and military additional powers. For example, the military can seize property for government use, search a location or person without due process, and prevent people from gathering.
The Emergencies Act can be used to declare a state of emergency, which gives the government the power to suspend normal rights. This means that people can be arrested or detained without warrants, searched, and have their property seized. The act can also be used to limit protests. Invoking the Emergencies Act is considered an extreme step, and it has been criticized for granting the government and military too much latitude to act outside the law.
While Canada has not officially declared martial law, the Emergencies Act gives the government and military similar powers to those seen under martial law in other countries. The use of this act demonstrates the potential for military involvement in Canada during times of crisis or emergency, and it grants the military significant authority to intervene in domestic affairs and support law enforcement.
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Suspension of civil rights
Canada is not currently under martial law. The War Measures Act, which was a Canadian statute that allowed the government to assume emergency powers, was replaced by the Emergencies Act in 1988. This act was invoked in February 2022 during the Freedom Convoy protests.
Martial law is the imposition of military rule and the suspension of civilian legal processes and civil rights. Under martial law, the military gains all powers of the state, including the power to dissolve parliament and suspend the constitution. This means that the only legal framework within the territory under martial law is the military's announcements, which can order any civilian laws to come back into force.
The suspension of civil rights during martial law can result in the following:
- People can be arrested or detained without warrants.
- Search and seizure of property without due process.
- Restrictions on the freedom of movement, assembly, and protest.
- Indefinite detention.
- Curfews, administrative detentions, and expulsions.
- Extreme crackdowns on political rights and civil liberties.
It is important to note that, even during martial law, civilians may not be tried by military tribunals as long as civilian courts are functional, as seen in the case of Ex parte Milligan in the United States.
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Frequently asked questions
No, Canada is not currently under martial law. The country has invoked the Emergencies Act, which grants the government certain powers to deal with emergency situations, but this does not amount to martial law.
Martial law refers to temporary rule by military authorities and involves the suspension of civil rights.
The Emergencies Act gives the government the ability to strengthen police powers to impose fines and imprisonment, compel companies to help clear blockades, allow banks to freeze the accounts of protesters without a court order, and subject crowdfunding companies to anti-money laundering and terrorist financing rules.
Martial law has likely never been proclaimed in Canada since Confederation. The War Measures Act, which was replaced by the Emergencies Act in 1988, allowed the government to assume emergency powers, but stopped short of martial law as the military did not administer justice.
