Keith Mack
Canada has never been under martial law, but the country has come close to it on several occasions. Martial law is the temporary replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. In Canada, the Emergencies Act, which replaced the War Measures Act in 1988, allows the government to assume emergency powers without declaring martial law. The Emergencies Act was invoked in February 2022 to deal with the Freedom Convoy protests, which some have described as near martial law. This act gives the government the authority to strengthen police powers, impose fines and imprisonment, and allow banks to freeze accounts without a court order.
| Characteristics | Values |
|---|---|
| Martial law declared? | No |
| Closest to martial law | Emergencies Act |
| Powers under the Emergencies Act | Regulating and prohibiting public assemblies, including blockades, other than lawful advocacy, protest or dissent |
| Regulating the use of specified property, including goods to be used with respect to a blockade | |
| Directing specified persons to render essential services to relieve impacts of blockades on Canada's economy | |
| Authorizing or directing specified financial institutions to render essential services to relieve the impact of blockades, including by regulating and prohibiting the use of property to fund or support the blockades | |
| Measures with respect to authorizing the Royal Canadian Mounted Police to enforce municipal and provincial laws by means of incorporation by reference | |
| Imposition of fines or imprisonment for contravening on any of the measures declared under this public order emergency | |
| Provinces and territories must be consulted before an emergency is declared, unless the provinces and territories cannot be adequately consulted without underingly jeopardizing the effectiveness of the proposed action | |
| A public report must be provided to Parliament when the Declaration of emergency is made | |
| The Emergencies Act does not include the use of military forces |
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What You'll Learn
Canada has never been under martial law
While Canada has never been under martial law, it has experienced similar situations. In the district of Montreal, Governor Gosford proclaimed martial law in December 1837 without the support of the Legislative Assembly of Lower Canada. It remained in effect until April 1838. Acting Governor John Colborne proclaimed martial law in the same district in November 1838, and it lasted until August 1839. Additionally, during the colonial era, martial law was applied in the territory of the Province of Quebec during the American Revolutionary War from 1775 to 1776.
Martial law refers to the replacement of civilian government by military rule and the suspension of civilian legal processes in favor of military powers. It is often declared during wars, emergencies, civil unrest, natural disasters, or military coups. While it has been declared throughout history, it is described as elusive, and references to it date back to 1628 in England.
The Emergencies Act in Canada provides the government with extensive powers, including strengthening police powers to impose fines and imprisonment, compelling tow-truck companies to clear blockades, allowing banks to freeze accounts without court orders, and subjecting crowdfunding companies to anti-money laundering and terrorist financing rules. However, Prime Minister Trudeau clarified that the act would not be used to call in the military or suspend fundamental rights.
The closest Canada has come to martial law was likely during the October Crisis in the 1970s, when the War Measures Act was invoked. This allowed the government to investigate and detain individuals involved with the FLQ, a radical and violent group. While this fell short of martial law, it demonstrated the government's ability to take extreme measures during times of crisis.
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The Emergencies Act is not martial law
In February 2022, Canadian Prime Minister Justin Trudeau invoked the Emergencies Act to deal with the Freedom Convoy protests. This marked the first invocation of the Emergencies Act since it replaced the War Measures Act in 1988. The Emergencies Act grants the government certain powers to deal with public order emergencies, such as strengthening police powers and compelling financial institutions to help clear blockades.
While the Emergencies Act does grant the government expanded powers, it is not the same as martial law. Martial law is defined as the replacement of civilian government by military rule and the suspension of civilian legal processes in favour of military powers. In Canada, there has never been a suspension of civilian law or a replacement of civilian government by military rule since the country's founding in 1867. Even during the October Crisis in 1970, when the military was involved in enforcing civil law, they operated under the command of civilian law enforcement.
The Emergencies Act does not contain any text that enables the suspension of civilian law or the implementation of military rule. In fact, Prime Minister Trudeau specifically stated that the government was not using the Emergencies Act to call in the military or to suspend fundamental rights. The Act is subject to the Charter of Rights and Freedoms, and any laws made under it are still subject to this Charter.
While the Emergencies Act may grant the government expanded powers, it is not the same as martial law, which involves a complete suspension of civilian law and the imposition of military rule. Canada's use of the Emergencies Act was an attempt to deal with a public order emergency while still operating within the framework of civilian law and respecting fundamental rights and freedoms.
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The War Measures Act was not martial law
The War Measures Act was a statute of the Parliament of Canada that provided for the declaration of war, invasion, or insurrection, and the types of emergency measures that could be taken. It was brought into force three times in Canadian history: during World War I, World War II, and the 1970 October Crisis. The Act was repealed and replaced by the Emergencies Act in 1988.
During the October Crisis, the federal government deployed troops to guard federal offices and employees, and the military deployment was requisitioned and controlled by Quebec's government. This gave the appearance that martial law had been imposed, but a significant difference was that the military remained in a support role to the civil authorities and never had a judicial role. The War Measures Act did, however, violate and limit many human rights of those incarcerated, including the suspension of habeas corpus and the right to consult legal counsel.
The Emergencies Act, which replaced the War Measures Act, has also been criticised for being too extreme. When invoked by Trudeau during the COVID-19 pandemic and the Freedom Convoy protests, it allowed the government to strengthen police powers, impose fines and imprisonment, compel tow-truck companies to clear blockades, and allow banks to freeze the accounts of protesters without a court order. However, Trudeau stated that the Emergencies Act was not being used to call in the military or suspend fundamental rights.
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Martial law is the suspension of civilian legal processes
Martial law is the temporary replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. It is usually invoked in times of war, rebellion, civil unrest, or natural disaster. Martial law can also be declared in the event of a military coup d'état or when civilian authority has ceased to function or become ineffective. While it is often associated with the common law doctrine of necessity, the power to declare martial law is not explicitly granted in the constitutions of countries like the United States.
In the context of Canada, there have been claims that the country imposed martial law due to truck driver protests in 2022. However, these claims are false. While Canada's Emergencies Act was invoked during the Freedom Convoy protests, Prime Minister Trudeau clarified that this did not amount to declaring martial law. The Emergencies Act strengthened police powers and allowed for the freezing of certain bank accounts without a court order, but Trudeau emphasized that they were not using the Act to call in the military or suspend fundamental rights.
Historically, the War Measures Act, a Canadian statute, allowed the government to assume emergency powers without transferring justice administration to the military. This Act was invoked during World War I, World War II, and the October Crisis of 1970. In 1988, it was replaced by the Emergencies Act, which was first invoked in February 2022 during the Freedom Convoy protests. This Act enables the government to mobilize the military to support law enforcement and grants them broad authority.
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Martial law can be declared in times of emergency
Martial law is the temporary replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. It is often declared in times of war, civil unrest, natural disasters, or other emergencies. While it has been declared frequently throughout history, it is still often described as a largely elusive legal entity. References to martial law in English law date back to the 1530s during the reign of King Henry VIII, and the concept was further discussed in the 1620s by Sir Matthew Hale.
In Canada, the Emergencies Act was invoked in February 2022 amidst the Freedom Convoy protests, which blockaded downtown Ottawa and border crossings in several Canadian cities. This was the first use of the Emergencies Act since it replaced the War Measures Act in 1988. The War Measures Act was a statute that allowed the government to assume emergency powers, stopping short of martial law, as justice remained in the hands of the courts. The Emergencies Act grants the government powers such as strengthening police powers to impose fines and imprisonment, compelling tow-truck companies to clear blockades, allowing banks to freeze the accounts of protesters without a court order, and subjecting crowdfunding companies to anti-money laundering and terrorist financing rules.
While the Emergencies Act grants the government extensive powers, it is not the same as declaring martial law. Prime Minister Justin Trudeau stated that the military would not be called in and that fundamental rights would not be overridden. This is in line with Canada's National Defence Act, which allows the Canadian Armed Forces to assist in civil situations if needed.
In other countries, martial law has been declared in times of emergency, such as during the anti-government uprising in Bahrain in 2011, and in China during the Tiananmen Square protests in 1989. In the United States, while the President or a State governor may declare martial law, it is not explicitly provided for in the Constitution, and it has not been declared in recent history.
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Frequently asked questions
No, Canada is not under martial law.
Martial law is the temporary rule of a designated area by military authorities, replacing civilian government and suspending civilian legal processes.
The closest Canada has come to martial law is the Emergencies Act, invoked in February 2022 in response to the Freedom Convoy protests. This Act allows the government to assume emergency powers, but it is not the same as martial law.
The Emergencies Act allows the government to strengthen police powers, impose fines and imprisonment, compel companies to help clear blockades, and allow banks to freeze the accounts of protesters without a court order. It also allows the government to regulate public assemblies and the use of specified property.
The Canadian government invoked the Emergencies Act in response to blockades of downtown Ottawa and border crossings in several Canadian cities by people protesting COVID-19 restrictions and vaccine mandates.
