political policing Flashcards
What is the Western Frontier Constabulary?
In the 19th century, Canada’s first secret service, the Western Frontier Constabulary, spied on participants in the 1937-38 rebellions, America, and the Fenians. Active in mid 19th century. Fenians are irish nationalists, primary based in the US but did attempt to stage raids in Canada. Goal of the Fenian raids was to force Britian to exchange Ireland’s freedom for Canada. The spying includes shadowing leaders, undercover work, and stuff like that it leads to a lot of arrests but doesn’t stop the assassination of Thomas D’Arcy McGee, who had turned from Irish nationalism. by Patrick Whelan.
What does the assassination of Thomas D’Arcy McGee lead to?
Following the assassination of Thomas D’Arcy McGee by Patrick Whelan, PM MacDonald forms the first federal police force, the Dominion Police. This was done because it was clear that the existing police was not good enough so MacDonald believed something else was important. First federal police in Canada in 1868. They work with political policing. Do some intelligence work.
Utilizing the Lawless Aggression act, the Dominion Police prevent further Fenian instruction into Canada. Act was introduced pre-confederation but it is amended to expand it’s reach. Eliminated habuis corpus, unlawful detention. Made it easier to use military courts rather then civil courts, outlawed unlawful training or arming of persons involved with the Fenians, it allowed for political arrests without charges, sanctioned male seizures . This allows the state to stop the Fenian’s intrusions into Canada the next time
What is section 91 of the British North America Act?
Section 91 of the British North America Act “peace, order, and good government” allowed the federal government to uphold laws that were ordinarily unconstitutional. Allowed them to take over the division of power and take control of whatever they wanted
Over, time section 91 is narrowed to apply only in times of emergency or national concern.
Under the constitution, emergencies are defined as the “temporary and extraordinary need for national regulation of a particular subject matter”. Goes behind local or provincial interests, only federal
The ability of the federal government to do this has been upheld by the courts.
What is the War Measures Act?
The War Measures Act is enacted during WWI, the first major use of emergency powers in the 20th century. It is the first use of the emergency power in the 20th century.
It allowed the federal government to do what they felt was necessary to facilitate the war effort and handle emergency in times of war, invasion, or insurrection (real or apprehended)
Under the act, Cabinet rules by decree and can bypass parliament to pass laws and regulations.
This gives the government sweeping powers, including Internment, censorship, publications and writing, arrest, detain, and deport people without charges or a trial. None of this has to be public. Free speech, strikes, and organization is banned. Can be conscripted in the army for strikes. Use of force is permitted for arrests. Refusal to enlist was now under the military court. Do process is reversed (onus of proof), transportation and trade is dictated by feds, allowed to take over private property. Now a crime with STI to have sex with a military man.
Under the WMA, the government passes PC 2384 that allowed any organization to be labelled unlawful if it advocated economic or political change by force or violence (these terms left intentionally undefined). Workers themselves are not interested in class but they are being indoctrinated by foreign people to believe it. This further represses left wing activity. Leads to mass arrests of members of left wing groups. It does get applied a year later in 1919 because even some liberals start to find it as bad.
Although they were fighting for “liberal” democracy, they were stripping rights, and using the economy to control people
What is the Workers’ Revolt?
The war measures act is extended until January 1920 because of the Workers’ Revolt. The government is able to exert power over citizens. Under the law, war power does not need to stop when hostility stops, because the effects can be lasting, the onus is on judiciary to prove the war is over before they can stop the act.
Workers’ revolt = Canada’s first red scare
Problems from before the war were built on by new emerging issues like unemployment, pandemic, and a lack of veterans’ support. Bad working conditions dominate the jobs that do exists, massive increase in cost of living, and state has not given support to anyone including veterans’. Xenophobia and anti-immigrant were on the rise. Spanish flu kills more Canadians then the war overseas.
This leads to a series of labor actions, most notably the Winnipeg General Strike. National phenome but this is the biggest in 1919. Employers in Winnipeg refused to allow for collective bargaining. Citizen committee 1000 use their deep pocket to convince the public that the foreign people were convincing the Canadians. The reason this happened was because they were they were broke, not because someone was whispering in their ear. Strike is put down violently and ends when the leaders are arrested, people protest = bloody Sunday.
What are the Criminal Code Amendemnts after the Workers’ revolt?
In the aftermath of the Workers’ Revolt, the government makes amendment to the Criminal Code
Sedition, which was part of the original code, had been left to the judges to decide (with a “Saving clause” that ensured no one could be found guilty of sedition for lawful criticism of the government).
In 1919, the “saving clause” is removed, permitting judges to interpret sedition more expansively (and eliminating the protection of lawful criticism ).
Section 98, which was nearly identical to PC 2384, makes a temporary wartime measure a permanent feature of the code. Repressed radical political organizations and ideologies
What was Section 98 passed alongside with?
Section 98 is passed alongside amendments to the Immigration Act (Section 41) because of the notion that socialism arrived vis a vis foreigners
The 1919 amendments enhance the government’s ability to deport migrants (they can now deport British subjects who had domicile)
How did the great depression impact section 98?
Section 98 is a favored tool of the government in the 1920s as they believed that the potential for unrest remained high. It stayed on the books because people believed that the potential for unrest remained high
The Great Depression, which produces mass unemployment and significant critiques of capitalism, further reinforces the belief that S98 was necessary to prevent leftism from spreading. Both PM do impressively bad jobs of handling the Great Depression. Did not create solutions even though it was a federal problem, even wouldn’t say it was problem. Canada doesn’t have a welfare system
1932, Unemployment relief camps, which were widely disliked, precipitated further radicalism due to the communist organizing. In these camps, men would exchange labor for room and board + 20c a day. They would enter voluntarily but there wasn’t anywhere to go. Physical violence, poor, far away from towns. Created these camps instead of programs that would help and that there was a relief camp union by the Communist Party of Canada. Lead to strikes in Vancouver.
The Riot Act, laid out in Section 67 of the Criminal Code, is read to rioters in Vancouver. Being 3 people or more who have gathered in an unlawful way and beginning to disturb the peace. If there are 12 or more people, then they can be asked to leave in the name of the queen. Many strikers continue to carry on to the On To Ottawa Trek
The On To Ottawa Trek is likewise repressed. Take a fret train to Ottawa to take their complaints to Ottawa. PM Bennett stops the train and makes 8 members negotiate with him. This breaks down quickly because Bennett is not on board. Dispute dispersing, Bennett decides to arrest the 8 members, leads to the Regina Riot. This declines Bennett’s political career
What is the Communist Party of Canada?
The Communist Party of Canada, formed in 1921 as the Canadian branch of the international communist movement, was under non-stop surveillance
What was Rex v. Buck et al?
In 1931, eight of the Communist Parties leaders were charged with violating Section 98 and seditious conspiracy
They were indicted on three counts: being members of an unlawful organization, being officers of an unlawful organization, and being party to a seditious conspiracy
During their trial, Rex v. Buck et al, the defense introduced a motion to quash the indictment, arguing that the state should first have to classify the CPC as unlawful - only then could membership be an offence. Prosecution argued that they were apart of the CPC and they were apart of the international group which insighted violence, making it unlawful. Judge allows this because of the vagueness of Section 98 and said that this could be determined in the trial of the people because of the vagueness.
They further argued that a communist ideology did not make the CPC an unlawful organization; for Marxists, revolution was inevitable and was simply a different way of interpreting history
All were found guilty, with the attorney general proclaiming that “communism will never raise its head on Ontario again”
On appeal the third charge is dropped but the first two hold
The CPC was legally branded an unlawful organization, and its members were now chargeable under Section 98
The convictions also lead to a series of deportations under Section 41
The trial was significant because it made the ideology of the accused the criminal act, representing the criminalization of identity and political thought
The ideology of the accused in the criminal act.
Those who are found guilty are sent to Kingston, were a couple of months later, a riot breaks out in which the leader of the communist party, Tim Buck is in his cell and there’s an attempt made on his life. 2 guards shoot a bunch of bullets in his cell. The guards later deny this and say that the party stated the riot. The State commotion eventually says he didn’t start the riot.
The trial, and S98, also demonstrated the normalization of emergency powers.
A war time emergency power became everyday.
When was S98 overturned?
PM King overturns S98 in 1936
However, he simultaneously strengthens the definition of sedition under section 133 of the Criminal Code, inserting a “seditious intention” provision. Ability to repress carries over even after S98 is removed
What was the Padlock Act?
The Union Nationale played a prominent role in suppressing left-wing politics in Quebec
Maurice Duplessis intervened in strikes, passed a series of regressive labor laws, and introduced the Padlock Act. He is not a fan of democracy. Padlock act permitted authorities to shutter buildings deemed to be used for communism
The law was vague on purpose, did not define communism, and denied the presumption of innocence and freedom of speech
PM King could strike down the law under the Constitution, but chose not to because he wanted to maintain Liberal party Support in Quebec
The law held until 1957 when the Supreme Court rules in Switzman v. Elbing and A.G. of Quebec. Max Bailey wanted to assign his apartment to a friend John Switzman. Switzman lived there and had it as a headquarters. Elbing is worried that the province will shut the apartment down and tries to stop the lease. The Judge says that the Padlock Act was ultra vires and violated freedom of expression. Padlock is squashed
What did the Workers’ revolt lead to?
Historians argue that the biggest benefiter of the strikes was the NWMP
The North West Mounted Police benefit from the Workers’ Revolt
The force was on the brink of being disbanded in the early 20th century because the whole point of the NWMP was to force indigenous people on to reserves and then police them. This task had been accomplished and they were wondering if they were needed
It now found renewed purpose as an agency of state surveillance who could counteract the left
The NWMP is retooled as the Royal Canadian Mounted Police (RCMP or “Mounties”). Put to work as Canada’s surveillance arm. They are not approaching the task of political policing evenly
Who was Adrien Arcand?
Despite growing concern over fascism and support for Nazi Germany, reconnaissance on right-wing movements was limited
This was because of strict RCMP directives to observe only “revolutionary bodies”
Fascism, the RCMP reasoned, was less of a concern because it did not involve the overthrow of the economic order. It was given a lot of space to act out it’s activity. Little was done to discipline them or surveillance.
Canada’s leading fascist figure, Adrien Arcand, had close ties to PM Bennett and several high-ranking RCMP officials, often served as a snitch.
The KKK, which was active in Canada, exercised similar influence over the Conservative Party.
The fascist movement survives WWII; Arcand runs in several elections.
What was Eight men speak?
R. v. Buck et al., prison sentence, and then the attempt on his life, becomes a play called Eight Men Speak. The plot of the play was the trial and says that the communists are not criminals and the authorities are corrupt and killing innocent people. After the first performance, the police shut it down and it is suppressed. A month later, the progress arts club hold a rally, the leader A.E. Smith starts talking about the banning of the play and presents a petition that asked the government to repel section 98 and investigation of the shooting of Buck. Two weeks later he is charged with sedition, said he accused Bennett of ordering the shooting. The court had to determine if there was a error in justice and Tim Buck is called to the stand. The defense demonstrated that the police offered faultily evidence about the protests and Smith is found not guilty. Public opinion is turning on S98. This forces the governments hand and they admit that the guards shot Beck and the communists are released from prison.
The banning of Eight Men Speak and the trial of A.E. Smith further demonstrate the layers to this political repression
What is the Defence of Canada regulations and how was communism dealt with in WWII?
As war became inevitable again, government officials decide to bring back the War Measures Act. Communism is once again outlawed. It worked last time so they’re going to bring it back but enhance the powers.
It is enhanced by the Defence of Canada Regulations (DOCR). Series of regulations that are enacted though order and counsel.
WMA/DOCR provisions included censorship; preventative detention; prohibition of statements deemed prejudicial to safety of state/efficient prosecution of war; outlawing of organizations’ burden of proof placed on accused; elimination of habeas corpus; setting aside of normal trial procedures
The CPC is outlawed early in the war, in part justified by the 1939 Molotov-Ribbentrop Pact. Soviet union signed the pact, non-aggression pact with Nazi Germany this makes it a belligerent nation. However, it starts before this and ends after the USSR became an ally.
Following Operation Barbarossa, however, the repression of communism does not end. Canadian government is successful in dodging the questions about the allyship and how it treats communists in its country.
Communists are subject to internment and lack legal recourse. Political interment: Germans, Italians, communists, etc. they are held in their own internment camp. The nature of the charges against lack any meaningful recourse. Often time there was no defense against the charges because they don’t have to prove they are a communist but that there are representations. Taub used the courts to challenge the constitutionality of the Padlock act and this gets him interned. A doctor was interned for having a communist patient
Only about 5,00 Jewish refugees were allowed into Canada, some of them were from enemy countries and were interned. They were often housed with fascists.
Internment was coupled with broader measures, including the banning of publications, the seizure and sale of property, book burnings, and surveillance
This is in stark contrast to the experiences of the Right
Eventually internment of communism ends because of public backlash but the movement remains outlawed
The CPC remains an illegal organization, forming a new, legal front: the Labour-Progressive Party, it was an instrument to Moscow’s will but now it was that there was an attempt to overthrow capitalism.
What is the National Resources Mobilization Act?
Emergency powers are also used to more effectively administer the home front
As enlistment drops, King is forced to consider a larger role in the war effort. Long term numbers were the concern. He is forced to change course when France surrenders to Germany and there is fear for Britian.
To avoid conscription, he introduces the National Resources Mobilization Act. Gave government control of economic resources and services. It gave the government the power to requisition the property and service of Canadians for home service. You can also be stopped from working in non-essential war industries. It was a compromise for both conscriptionist and non-conscriptionist. This is not enough.
In 1942, he holds a plebiscite on conscription – Canadians vote in favour but he continues to try to avoid conscription overseas. 64% of vote yes. Pass bill-80 which amends MRMA to include conscription overseas.
What are Zombies?
It is not until 1944 that Zombies overseas (and by this point the war is winding down). This is the first time that the government send troops overseas. They are called Zombies because soldiers who had been conscripted but not been sent overseas were in limbo. There were lots of internal tensions in the military. Lots of anti-conscriptionist rallies. Most Zombies don’t make it overseas.
What is the Gouzenko Affair?
When the Cold War begins, the WMA is utilized in response to the Gouzenko Affair. Almost immediately after WWII. He left his office with 100s of documents that proved that Soviets were spying on allys and that there were a network that of Canadians that passed information to the USSR and he uses these documents to try to defect to Canada. He has trouble getting Canada’s attention, they didn’t want to upset the USSR, who is still an ally. Eventually he gets them to take notice and he is transported to a secret camp were he is interviewed by Canada, FBI, and MI5. The word gets out. Government is like wwtUSd? Officials decided they would secretly detain suspects and have a secret commission, without the procedural effects of trial.
Canada establishes the Kellock-Taschereau Commission to investigate Gouzenko’s claims.
What is the Kellock-Taschereau Commission?
Canada establishes the Kellock-Taschereau Commission to investigate Gouzenko’s claims. The commission gave the RCMP permission to raid homes, habus corpus, detain and interrogate you , without bail, and no legal representation. All questions asked of you must be answered without self incrimination. Were not able to gather conclusive answers.
Half of the suspects are acquitted (such as Agatha Chapman; she’s accused with being a member of a communist cell and aiding transmission of information she said yes but you told us to do it? She also admitted that she was a member of study groups that studied marism. The judge dismissed the case against her.) and most convictions were because of self-incrimination. But there were cases like Fred Rose where they didn’t
The commission is important because it linked Soviet espionage to domestic leftism, threw a wrench in the notion that Canada followed the rule of law and consistently protected its citizens, and broke Canadians of their moral superiority towards the United States
Who was Fred Rose?
In some cases, the commission got it right: Fred Rose, CPC’er and MP, was involved in placing Soviet spies in North America as was Sam Carr. Fred rose actually was involved in recruiting information, transmitting funds. May have led a ring of spies who were targeting nuclear weapons. He is found guilty and is sentenced to prison and is stripped of his house position. He goes to Poland and his Canadian citizenship is revoked. In 1958, the Rose Act stopped this from happening again. Yet even in the case of Rose, there are moments where legal due process is ignored, as exemplified by the Fred Rose amendment to the Citizenship Act
Who was Sam Carr?
Sam Carr was one of the 8 with Buck, fled to US but he turns himself in to serve the country, this doesn’t work. He started recruiting USSR spies with Rose. He flees and is the last Canadian to stand trial with the commission. Charges of treason doesn’t stick but traveling without a passport does. He is followed for his life
What is the Security Panel?
Shortly after Gouzenko, we see the Security Panel.
The Security Panel was an administrative machinery is established to safeguard government security
It designed screening programs for the civil service, defense industry workers, and immigrants applying for citizenship
Its work was entirely secret, which meant that you never knew if it was investigating you. Maintain illusion of liberal democracy
Anti-communist purges in the civil service, then, largely took place behind closed doors. You’re never told why you were denied security access.
What is the Security Service? What were their main tasks and what did they do?
The Security Service is set up within the RCMP to track and block threats.
Its creation solidified that the RCMP was more than a national police force – it was the nation’s security arm
The service had no legal mandate and was accountable to only the Commissioner, giving them extraordinary powers
Their main task was chasing communists
They also collaborated with the CIA on MKULTRA: CIA looked into mind control products and truth serum. Trying to further understand brain washing. Involved 100s of programs. LSD, ECT, etc. to break down minds and plant new ideas
In the 1950s, they set up Operation PROFUNC: almost 1000 people with the plan that if a war to break out, they would be arrested and held
