The Northwest times. [volume] (Seattle, Wash.) 1947-1955, 1947-04-25
Historian Cites Difficulties
OF Civil Liberties in Canada

New Canadian Dispatchl-It is
not practical politics to try to get
a bill of rights written into the
Canadian constitution british
North America AcD. This state
ment was made by DIR. A. r. M.
Lower recently wnen he addressed
the first l947 meeting of the Man
itoba Civil Liberties Association.
DIR. Lower. who is a noted his
torian and author of From Colo
ny to Nation" said that two things
could and should be done in order
to further the cause of civil liber-
ties in Canada.
First of these steps is to have
the War Measures Act repealed.
The second is to secure a federal
legislation defining individual
rights, the chief value of this leg
islation being educational rather
than legal
DR.. Lower did not dwell on recent
incidents in which civil rights had
been pushed aside. but his talk
made clear how these incidents
we're able TO occur in Canada.
During the two world wars, Ca
nadians were ruled under the auth
ority of the War Measures Act
The powers contained in this short
act we're sweeping. and went far
beyond emergency measures adopt
ed in other English-speaking ma
lions.
A set of about sixty-six orders,
known as the Defense of Canada
Regulations. we're built up under
the authorization of the War Mea
sures Act during the first world
war. There was practically no linz
it to the way in which the gov
eminent could interfere with indi-
vidual rights For example, section
81 of the Regulations permitted
any person to be detained without
any cause-thus setting aside the
historic principle of habeas corpus
When the second world war start
ed, the whole set of these regula
tions we're ready and put into i'm
mediate application.
The act, while it was allowed to
expire at the end of 1915, can be
brought back to life whenever the
government of the day decides that
a state of emergency exists. Thus
it provides any Canadian govern
ment with the means for setting
up condition of virtual dictator
ship.
No powers, like those who are
given to the Canadian government
by the War Measures Act, have
been known in any English-speak-
ing countries since the days of Hen
ry VIII and the reign by procla-
nation
In Great Britain. defense OF the
Realm Act was passed during the
first World War, making 1t pos
sible for the British government
to WELD a wide degree of control
But all orders passed under this Law
had to be made public in the Houst
of Commons. and members of par
lament could debate any measure
clause by clause.
The United States did not SCI
aside its Bill Of Rights Throughout
the war.
Canada too dould well do with
out the War Measures Act. If thi'
Act we're allowed to remain, thu
government would revive it at thu
next emergency 1t would be bet
ter to repeal the act, and to adop
a new and a more democratic me
thod OF control when the need arr
ses than to fall back on the ex
listing Act.
The other step which should b.
taken Is TO have the federal gov
eminent pass a legislation defininl
individual rights. IT, may be diff
cult TO enforce a bill Of rights bu
1t could act as leash on those II
authority. and it can assume en-
ormous Importance as an expression
of a creed.
The American constitution guar
antees TO her citizens right =
life, liberty and pursuit Of happi
ness" The Influence which thesr
words have shown on American his
tory has been tremendous
In a similar way the expression
of fundamental principles in Lh'
Canadian law will 90 a lorg wa
toward inpre5sing the importance
of those principles on the Canadian
people.
The final and ultimate safeguard
OF our liberties lies in eternal Wig
lance