Section 98
Encyclopedia
Section 98 of the Criminal Code of Canada
was a law enacted after the Winnipeg General Strike banning "unlawful associations." It was used in the 1930s against the Communist Party of Canada
.
After the Winnipeg General Strike of 1919
, Arthur Meighen
, minister of justice in Robert Borden
's government introduced an amendment to the Criminal Code of Canada
that was passed by parliament, which read:
The law was extremely broad and carried a penalty of up to 20 years in prison. It was used throughout the 1920s and early half of the 1930s to harass Communists, other left parties and organizations, and labour unions generally. The most famous use of Section 98 was in a crackdown designed to "strike a death blow at the Communist Party." The Royal Canadian Mounted Police
and the Ontario Provincial Police
rounded up eight leaders of the Communist Party on 11 August 1931, who were subsequently convicted under the law and sentenced for up to five year prison terms. In the years after the conviction, public opinion turned in favour of the Communists and against the law, which was opposed by liberals
and moderate leftists as well as far-left organizations like the Canadian Labour Defence League
, a Communist legal defence committee. As a result of public opposition, the Communists were released early from jail and the law was repealed in 1936 following the election of Mackenzie King
in 1935.
Opposition to Section 98 was an important campaign for crystallizing an early civil rights movement within an otherwise fractured left-wing in Canada. Although the law was repealed, it served as the model for the Defence of Canada Regulations
under the War Measures Act
to suppress aliens and dissenters during the Second World War
and during the October Crisis
of 1970.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
was a law enacted after the Winnipeg General Strike banning "unlawful associations." It was used in the 1930s against the Communist Party of Canada
Communist Party of Canada
The Communist Party of Canada is a communist political party in Canada. Although is it currently a minor or small political party without representation in the Federal Parliament or in provincial legislatures, historically the Party has elected representatives in Federal Parliament, Ontario...
.
After the Winnipeg General Strike of 1919
Winnipeg General Strike of 1919
The Winnipeg General Strike of 1919 was one of the most influential strikes in Canadian history, and became the platform for future labour reforms....
, Arthur Meighen
Arthur Meighen
Arthur Meighen, PC, QC was a Canadian lawyer and politician. He served two terms as the ninth Prime Minister of Canada: from July 10, 1920 to December 29, 1921; and from June 29 to September 25, 1926. He was the first Prime Minister born after Confederation, and the only one to represent a riding...
, minister of justice in Robert Borden
Robert Borden
Sir Robert Laird Borden, PC, GCMG, KC was a Canadian lawyer and politician. He served as the eighth Prime Minister of Canada from October 10, 1911 to July 10, 1920, and was the third Nova Scotian to hold this office...
's government introduced an amendment to the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
that was passed by parliament, which read:
Any association...whose professed purpose...is to bring about any governmental, industrial or economic change within Canada by use of force, violence or physical injury to person or property, or by threats of such injury, or which teaches, advocates, advises or defends the use of force, violence, terrorism, or physical injury to person or property...in order to accomplish such change, or for any other such purpose..., or which shall by any means prosecute or pursue such purpose...or shall so teach, advocate, advise or defend, shall be an unlawful association.
The law was extremely broad and carried a penalty of up to 20 years in prison. It was used throughout the 1920s and early half of the 1930s to harass Communists, other left parties and organizations, and labour unions generally. The most famous use of Section 98 was in a crackdown designed to "strike a death blow at the Communist Party." The Royal Canadian Mounted Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
and the Ontario Provincial Police
Ontario Provincial Police
The Ontario Provincial Police is the Provincial Police service for the province of Ontario, Canada.-Overview:The OPP is the the largest deployed police force in Ontario, and the second largest in Canada. The service is responsible for providing policing services throughout the province in areas...
rounded up eight leaders of the Communist Party on 11 August 1931, who were subsequently convicted under the law and sentenced for up to five year prison terms. In the years after the conviction, public opinion turned in favour of the Communists and against the law, which was opposed by liberals
Liberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
and moderate leftists as well as far-left organizations like the Canadian Labour Defence League
Canadian Labour Defence League
The Canadian Labour Defence League was a legal defence organization founded and led by Reverend A.E. Smith. The league was in 1925 as a civil rights organization dedicated to protecting striking workers from persecution. It was allied with the Communist Party of Canada and functioned as a front for...
, a Communist legal defence committee. As a result of public opposition, the Communists were released early from jail and the law was repealed in 1936 following the election of Mackenzie King
William Lyon Mackenzie King
William Lyon Mackenzie King, PC, OM, CMG was the dominant Canadian political leader from the 1920s through the 1940s. He served as the tenth Prime Minister of Canada from December 29, 1921 to June 28, 1926; from September 25, 1926 to August 7, 1930; and from October 23, 1935 to November 15, 1948...
in 1935.
Opposition to Section 98 was an important campaign for crystallizing an early civil rights movement within an otherwise fractured left-wing in Canada. Although the law was repealed, it served as the model for the Defence of Canada Regulations
Defence of Canada Regulations
The Defence of Canada Regulations were a set of emergency measures implemented under the War Measures Act a week before Canada's entry into World War II in the fall of 1939....
under the War Measures Act
War Measures Act
The War Measures Act was a Canadian statute that allowed the government to assume sweeping emergency powers in the event of "war, invasion or insurrection, real or apprehended"...
to suppress aliens and dissenters during the Second World War
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
and during the October Crisis
October Crisis
The October Crisis was a series of events triggered by two kidnappings of government officials by members of the Front de libération du Québec during October 1970 in the province of Quebec, mainly in the Montreal metropolitan area.The circumstances ultimately culminated in the only peacetime use...
of 1970.