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War Measures Act

The War Measures Act, 1914
Parliament-Ottawa.jpg
An Act to confer certain powers upon the Governor in Council and to amend the Immigration Act
Citation 5 George V, Chap. 2
Enacted by Parliament of Canada
Date assented to August 22, 1914
Repealing legislation
Emergencies Act

The War Measures Act (5 George V, Chap. 2) was a statute of the Parliament of Canada that provided for the declaration of war, invasion, or insurrection, and the types of emergency measures that could thereby be taken.

The act was brought into force three times in Canadian history:

The Act was questioned for its suspension of civil liberties and personal freedoms, not only for Ukrainians and other Europeans during Canada's first national internment operations of 1914–1920, but also during the Second World War's Japanese Canadian internment and in the October Crisis.

In the First World War, a state of war with Germany was declared by the United Kingdom on behalf of the entire British Empire. Canada was notified by telegraphic despatch accordingly, effective 4 August 1914, and that status remained in effect until 10 January 1920.

The War Measures Act, 1914, was subsequently adopted on 22 August 1914 to ratify all steps taken by Canada from the declaration of war, to continue until the war was over. Sections 2 to 6 of the original Act in particular provided for the following:

2. All acts and things done or omitted to be done prior to the passing of this Act and on or after the first day of August, A.D. 1914, by or under the authority of or ratified by,-

which, had they been done or omitted after the passing of this Act, would have been authorized by this Act or by orders or regulations hereunder, shall be deemed to have been done or omitted under the authority of this Act, and are hereby declared to have been lawfully done or omitted.

3. The provisions of sections 6, 10, 11 and 13 of this Act shall only be in force during war, invasion, or insurrection, real or apprehended.

4. The issue of a proclamation by His 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.

5. It is hereby declared that war has continuously existed since the fourth day of August, 1914, and shall be deemed to exist until the Governor in Council by proclamation published in The Canada Gazette declares that it no longer exists; but any and all proceedings instituted or commenced by or under the authority of the Governor in Council before the issue of such last mentioned proclamation, the continuance of which he may authorize, may be carried on and concluded as if the said proclamation had not issued.


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