Intro to Illiberalism

Introduction to Illiberalism

  • Discusses the balance between societal protection and maintaining liberalism.

Illiberalism

  • Government may limit rights/freedoms during extreme situations for security.

  • Suspension of civil liberties allows for governmental control to restore order.

  • Illiberalism opposes liberal values; may arise in democratic times of crisis.

  • "Reasonable Accommodation" in Canada supports cultural differences unless harmful to others.

War Measures Act

  • Passed in 1914 to give government emergency powers during war.

  • Used three times: both World Wars, and 1970 October Crisis.

  • Allows limits on rights during "war, invasion, or insurrection."

Provisions of the War Measures Act

  • Suspended basic and legal rights, including fair trial.

  • Empowered arrests and detentions without warrants.

  • Allowed censorship and control of media.

  • Controlled trade, transportation, and property.

Emergencies Act

  • Replaced the War Measures Act in 1988.

  • Authorizes temporary measures for national emergencies with parliamentary review.

  • Actions taken must meet "reasonable and justified" standards.

Anti-Terrorism Act

  • Established post-2001 attacks to protect Canadians’ rights while ensuring safety.

  • Allows monitoring and accessing of personal information of suspected terrorists.

Provisions of the Anti-Terrorism Act

  • Discourages the formation of terrorist groups.

  • Provides tools for police to identify and apprehend terrorists.

  • Establishes harsher penalties for terrorism offenses.

  • Fulfills international obligations in the War on Terror.

PATRIOT Act in the United States

  • Enacted post-2001 attacks, permits actions contradicting liberal values.

  • Grants extensive surveillance and arrest powers to federal agencies.

Provisions of the PATRIOT Act

  • Permits government to access personal records without evidence.

  • Allows secret searches of properties and intelligence gathering without probable cause.

  • Expands surveillance to Internet activities.

Criticisms of the PATRIOT Act

  • Seen as a violation of constitutional rights.

  • Contradicts the Bill of Rights by allowing detention without due process.

  • Expired in 2020; questions arise about the legacy of illiberal acts in America today.