The October Crisis, 1970 (Single lesson)
War Measures Act (page 1)
Chapter W-2
1. This Act may be cited as the War Measures Act, R.S., c. 288, s.1.
2. The issue of a proclamation by Her Majesty, or under the authority of the Governor in Council shall be conclusive evidence that war, invasion, or insurrection, real or apprehended, exists and has existed for any period of time therein stated, and of its continuance, until by the issue of a further proclamation it is declared that the war, invasion or insurrection no longer exists. R.S., c. 288, s. 2.
3. (1) The Governor in Council may do and authorize such acts and things, and make from time to time such orders and regulations, as he may by reason of the existence of real or apprehended war, invasion or insurrection deem necessary or advisable for the security, defence, peace, order and welfare of Canada; and for greater certainty, but not so as to restrict the generality of the foregoing terms, it is hereby declared that the powers of the Governor in Council extend to all matters coming within the classes of subjects hereinafter enumerated, namely,
(a) censorship and the control and suppression of publications, writings, maps, plans, photographs, communications and means of communication;
(b) arrest, detention, exclusion and deportation; …
(f) appropriation, control, forfeiture and disposition of property and of the use thereof.
(2) All orders and regulations made under this section have the force of law, and shall be enforced in such manner and by such courts, officers, and authorities as the Governor I Council may prescribe, and may be varied, extended or revoked by any subsequent order or regulation…
4. The Governor in Council may prescribe the penalties that may be imposed for violations of orders and regulations made under this Act, and may also prescribe whether such penalties shall be imposed upon summary conviction or upon indictment, but no such penalty shall exceed a fine of 5000 dollars or imprisonment for any term not exceeding 5 years, or both. R.S., c. 288, s. 4
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6. (1) Sections 3, 4 and 5 come into force only upon the issue of a proclamation of the Governor in Council declaring that war, invasion or insurrection, real or apprehended, exists.
(2) A proclamation declaring that war, invasion or insurrection, real or apprehended, exists shall be laid before the Parliament forthwith after its issue, or, if Parliament is then not sitting, within the first 15 days next thereafter that Parliament is sitting.
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(4) If both Houses of Parliament resolve that the proclamation be revoked, it ceases to have effect, and sections 3, 4 and 5 cease to be in force until those sections are again brought into force by a further proclamation…
(5) Any actor thing done or authorized or any order or regulation made under the authority of this Act, shall be deemed not to be an abrogation, abridgement or infringement of any right or freedom recognized by the Canadian Bill of Rights, 1960, c. 44, s. 6.
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