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48-520: Designated enemy aliens under Canada's 1914 War Measures Act , some 8,579 enemy aliens were interned during World War I as prisoners of war . Ostensibly nationals of countries at war with Canada, the vast majority however were settler immigrants, primarily of Ukrainian ethnic origin. The Castle Camp, which was built in 1915 at the base of Castle Mountain was a Canadian internment camp which held immigrant prisoners of Ukrainian, Austrian , Hungarian and German descent. Despite their civilian status,

96-570: A dual barbed wire enclosure. The tents however proved inadequate during the severe winter climate, forcing the camp to relocate to military barracks built on the outskirts of the town of Banff , adjacent to the Cave and Basin , site of the original Hot Springs. While in Banff, the internees were engaged in a number of special projects: land fill and drainage of the Recreation Grounds; clearing

144-549: A great many were sent to prisoner of war camps located in the Canadian hinterland, to be used as military conscript labour on government work projects. Of particular note was the use of forced labour in Canada's national parks , where they were introduced there as a matter of policy to improve existing facilities and increase accessibility by developing the park system's infrastructure. By 1915 several internment camps in and around

192-805: A photo of internment prisoners confined behind a wire fence at the Castle Mountain Internment Camp in Banff were simultaneously unveiled at 100 different locations across the country through the generosity of the Endowment Council of the Canadian First World War Internment Recognition Fund. Dr. Lubomyr Luciuk , a professor at the Royal Military College of Canada and former chair of the UCCLA, organized

240-845: A reaction to the separatist movement in Quebec by criminalizing it. The Act's 1970 regulations were replaced by the Public Order (Temporary Measures) Act in November 1970, which subsequently expired on 30 April 1971. In October 2020, Bloc Quebecois leader Yves-François Blanchet asked PM Justin Trudeau to apologize for the Canadian Government's invocation of the Act. In May 1981, the Emergency Planning Order

288-411: Is no doubt that such an emergency existed during the war, and that during that period, the jurisdiction of Parliament could not be impugned. But the time that an emergency lasts is not limited to the period of actual hostilities. War is the cause of many social and economic disturbances and its aftermath brings unstable conditions which are settled only after a period of necessary readjustment, during which

336-451: Is no doubt, in my opinion, that the regulation in question was passed to provide for the security and welfare of Canada and it is therefore intra vires of the statute under which it purports to be made. Canada's first national internment operations of 1914–1920 involved the internment of both genuine POWs and thousands of civilians, most of them Ukrainians who had come from western Ukrainian lands (Galicia and Northern Bukovina) then held by

384-717: Is now referred to as the October Crisis raised fears in Canada of a militant faction rising up against the government. Under provisions of the National Defence Act , the Canadian Armed Forces were deployed to assist the police. They appeared on the streets of Ottawa on 12 October 1970. Upon request of the Quebec government with the unanimous consent of all party leaders in the Quebec National Assembly, troops appeared on

432-768: The Central Powers , charging Canada with violations of international norms governing the internment of enemy aliens. Understandably, the conditions at the camp would become of interest to the War Office in London and a point of discussion between the British Government and Ottawa. In 2008, a settlement was reached with the Ukrainian Canadian community on the matter of acknowledgement and redress for World War I internment. An important part of

480-596: The Cross of Ivan Mazepa , a Ukrainian Presidential Award, presented in Kingston by His Excellency, Andriy Shevchenko, Ukraine's Ambassador to Canada. More recently [April 2022] he was declared a persona non grata by the Russian Federation. Professor Luciuk specializes in the political geography of Eastern Europe and the former Soviet Union , refugee studies, and the ethnic and immigration history of Canada. He

528-645: The Internment of Persons of Ukrainian Origin Recognition Act , which resulted in the establishment of the Canadian First World War Internment Recognition Fund. With the advent of the Russian Revolution in 1917, additional regulations and orders were added to make the membership in a number of organizations, including socialist and communist organizations, forbidden. Immigration from nations that were connected directly or indirectly with

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576-668: The October Crisis . In 1988, it was repealed and replaced by the Emergencies Act . 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

624-796: The Supreme Court of Canada gave a mixed ruling on the matter, the Judicial Committee of the Privy Council declared all of them to be valid. Following various protests among politicians and academics, the orders were revoked in 1947. At the beginning of the war, the Wartime Prices and Trade Board was created with a wide mandate to regulate all matters dealing with the necessities of life, rental and housing controls, import and export controls, and wage and price controls. In 1942, its responsibilities were expanded to include

672-640: The University of Alberta . He had postdoctoral fellowships at the University of Toronto and Queen's University. Luciuk served as a part-time Member of the Parole Board of Canada from 2013 to April 2016. He is currently a full professor of Political Geography in the Department of Political Science and Economics at the Royal Military College of Canada , in Kingston. A founding member of

720-522: The "Сто" ( translit. Sto ; meaning "One Hundred") project. The year 2014 marked the 100th anniversary of Canada's War Measures Act – adopted on August 22, 1914 during the First World War. It was used to imprison Ukrainian Canadians, and other ethnic groups including members of the German , Hungarian , Serbian , Croatian and Armenian communities, into one of Canada's 24 World War I internment camps. In 2020, descendants of internees and other members of

768-480: The Act. A state of war was declared with Germany on 10 September 1939. The extreme security measures permitted by the Defence of Canada Regulations included the waiving of habeas corpus and the right to trial, internment, bans on political and religious groups, restrictions of free speech including the banning of certain publications, and the confiscation of property. S. 21 of the Defence of Canada Regulations allowed

816-574: The Austro-Hungarian Empire and Germany was stopped and natives of these countries ( Austria , Hungary , Germany and Ukraine ) were classed as enemy aliens under the Act. These enemy aliens were required to always carry identification with them and forbidden from possessing firearms, leaving the country without permission, or publishing or reading anything in a language other than English or French. Thousands of these enemy aliens were also interned in camps or deported from Canada. It

864-652: The Austro-Hungarian Empire. Branded as "enemy aliens", they were stripped of what little wealth they had, forced to work for the profit of their jailers and subjected to other state-sanctioned censures, including disenfranchisement under the Wartime Elections Act . A campaign begun by the Ukrainian Canadian Civil Liberties Association in 1985 aimed at securing official acknowledgement and symbolic restitution for what happened succeeded in 2005, following passage of

912-635: The Buffalo Paddocks; cutting trails; land reclamation for tennis courts, golf links, shooting ranges and ski jumps; rock-crushing; quarrying stone for the Banff Springs Hotel (still under construction) and smaller public works projects such as street and sidewalk repair. With the onset of spring, the camp returned once more to the Castle Mountain site. This process of return and relocation would continue until August 1917 when

960-748: The Castle Mountain camp, was erected near the foot of Castle Mountain off of Highway 1a close to the original perimeter fence. On June 5, 2012 the internment camp monument was visited by Sviatoslav , the Major Archbishop of the Ukrainian Greek Catholic Church , who held a requiem service at the actual camp site to hallow the memory of those confined as "enemy aliens" during Canada's first national internment operations. On Friday, August 22, 2014 at 11:00 a.m. local time, 100 aluminum plaques "Recalling Canada's First National Internment Operations 1914–1920" and featuring

1008-750: The Civil Liberties Commission/Ukrainian Canadian Committee, and of the Ukrainian Canadian Civil Liberties Association, he resigned from the latter on 6 November 2024. In 2010, Luciuk was one of 16 recipients of the Shevchenko Medal of the Ukrainian Canadian Congress in recognition of his educational, research and advocacy efforts on behalf of the Ukrainian Canadian community. On 6 December 2019 he received

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1056-559: The FLQ members. The use of the Act to address the problem presented by the FLQ was well supported by Canadians in all regions of Canada, according to a December Gallup Poll. However, there were many vocal critics of the government action, including New Democratic Party leader Tommy Douglas , who said, "The government, I submit, is using a sledgehammer to crack a peanut." While the Act was in force, 465 people were arrested and held without charge but were eventually released. The response by

1104-471: The Minister of Justice to detain without charge anyone who might act "in any manner prejudicial to the public safety or the safety of the state." The government soon interned fascists and Communists as well as opponents of conscription . The regulations were later used to intern Japanese Canadians on a large scale as well as some German and Italian Canadians who were viewed as enemy aliens . In 1940,

1152-542: The Realm Act 1914 possessed similar wide powers with respect to the United Kingdom , Chief Justice of Canada Sir Charles Fitzpatrick declared: It seems to me obvious that parliament intended, as the language used implies, to clothe the executive with the widest powers in time of danger. Taken literally, the language of the section contains unlimited powers. Parliament expressly enacted that, when need arises,

1200-474: The Rocky Mountains were in full operation, including a camp at the foot of Castle Mountain, the terminal point of the then uncompleted Banff -Laggan ( Lake Louise ) road. Recognizing the value of future tourism, the main purpose of the camp was to push the Banff highway on through to Lake Louise, although, in addition, bridges, culverts and fireguards were also built. The camp consisted of tents within

1248-503: The Ukrainian Canadian community held a small ceremony commemorating the 25th anniversary of the installation of the memorial. War Measures Act The War Measures Act ( French : Loi sur les mesures de guerre ; 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

1296-682: The ambit of the Act by which his authority is measured, the Governor in Council is given the same authority as is vested in Parliament itself. He has been given a law-making power. The conditions for the exercise of that power are: The existence of a state of war, or of apprehended war, and that the orders or regulations are deemed advisable or 'necessary by the Governor in Council by reason of such state of war, or apprehended war. Parliament retains its power intact and can, whenever it pleases, take

1344-523: The camp was finally closed when the internees were conditionally released to industry to meet the growing labour shortage. The Castle Mountain camp was a difficult facility to administer. Abuse was widespread, and although duly noted by the Directorate of Internment Operations in Ottawa , it was never corrected. Escapes were frequent. Conditions at the camp were roundly condemned by neutral observers and

1392-569: 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: The Act conferred broad authority, and was even held by the Supreme Court of Canada in In re Gray to include the power to amend other Acts by way of regulation. Noting that the British House of Lords , in R v Halliday , had held in 1917 that the Defence of

1440-416: The duration of the emergency. As Taschereau J (as he then was) noted: Under " Property and Civil Rights ", rentals are normally of provincial concern, but as the result of an emergency, the existing provincial laws on the matter become inoperative. The rights of the provinces are not of course permanently suppressed, and their jurisdiction temporarily suspended during the federal invasion, flows afresh when

1488-680: The emergency may very well persist. The Act was in force until 31 December 1945, after which the National Emergency Transitional Powers Act , 1945 was in force until 31 March 1947. In 1947, the Continuation of Transitional Measures Act , 1947 was enacted, maintaining certain wartime orders and regulations, and stayed in place until 30 April 1951. The attack on Pearl Harbor in 1941 led to Canada declaring war against Japan on 8 December 1941. An already established racial bias towards Japanese Canadians

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1536-424: The executive may for the common defence make such orders and regulations as they may deem necessary or advisable for the security, peace, order and welfare of Canada. The enlightened men who framed that section, and the members of parliament who adopted it, were providing for a very great emergency, and they must be understood to have employed words in their natural sense, and to have intended what they have said. There

1584-480: The federal and provincial governments to the incident still sparks controversy. There was a large amount of concern about the act being used, as it was a considered to be a direct threat to civil liberties , removing rights such as habeas corpus from all Canadians. This is the only time that the Act had been put in place during peacetime in Canada. Critics, such as Laurier LaPierre , accused Prime Minister Pierre Trudeau 's move to suspend habeas corpus as more of

1632-578: The field is finally abandoned. It is only during the period of occupation that the provincial jurisdiction is overridden. This is the reason that may justify the Dominion Government to offer to some or to all of the provinces to legislate on rentals and to exercise anew their constitutional rights. In order, however, to vest in the Federal Parliament the necessary authority to deal with such matters, there must be an emergency. There

1680-509: The field of political geography and Ukrainian history . He is currently a full professor at the Royal Military College of Canada . and a Senior Research Fellow of the Chair of Ukrainian Studies at the University of Toronto. Luciuk was born and raised in Kingston, Ontario . He earned two degrees from Queen's University , an Honours BSc (1976) and MA (1979) and completed his PhD (1984) at

1728-488: The matter directly into its own hands. How far it shall seek the aid of subordinate agencies and how long it shall continue them in existence, are matters for Parliament and not for courts of law to decide. Parliament has not abdicated its general legislative powers. It has not effaced itself, as has been suggested. It has indicated no intention of abandoning control and has made no abandonment of control, in fact. The subordinate instrumentality, which it has created for exercising

1776-585: The more complex nature of organizing the war effort required the National Resources Mobilization Act to be adopted as well, and many subsequent regulations were brought into force by virtue of both of these Acts. In 1943, the Supreme Court of Canada , in the Chemicals Reference , ruled that Orders in Council made under the Act were equivalent to an Act of Parliament, as Rinfret J observed: There follows from

1824-623: The powers, remains responsible directly to Parliament and depends upon the will of Parliament for the continuance of its official existence. (Citations omitted.) This authority was cited later in support of decisions taken in the Reference re Persons of Japanese Race . The Act's effect was further clarified in the Wartime Leasehold Regulations Reference , which held that regulations instituting rental and housing controls displaced provincial jurisdiction for

1872-516: The principles so enunciated these consequences: The powers conferred upon the Governor in Council by the War Measures Act constitute a law-making authority, an authority to pass legislative enactments such as should be deemed necessary and advisable by reason of war; and, when acting within those limits, the Governor in Council is vested with plenary powers of legislation as large and of the same nature as those of Parliament itself. Within

1920-493: The reduction of non-essential industrial activities in order to maintain minimum requirements only for civilian goods. The Act was also used to create the Wartime Labour Relations Regulations in order to control strikes and lockouts and keep wartime production going. While the regulations were initially restricted to industries under federal jurisdictions and companies directly involved in

1968-600: The settlement was funding for educational purposes. Parks Canada , the government agency responsible for national parks, is working with an understanding to create an interpretive centre at the Cave and Basin site that will highlight and underscore the nature and significance of the experience. Currently interpretive panels are on site. In 1995, a statue commissioned by the Ukrainian Canadian Civil Liberties Association , memorializing

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2016-527: The streets of Montreal on 15 October. At the request of the Mayor of Montreal , Jean Drapeau , and the Quebec provincial government, and in response to general threats and demands made by the FLQ, the federal government declared a state of apprehended insurrection under the War Measures Act on 16 October. This was done so that police had more power in arrest and detention, in order to find and stop

2064-460: The war effort, provision was made for the provinces to co-opt into the scheme (which all eventually did). As labour unrest was widespread at the time, a system of compulsory conciliation was brought into effect, and no strike or lockout could occur until: There was, however, frustration on the part of the unions which felt that the government tended to not care about the issues the unions were trying to bring to light. The regulations continued after

2112-513: The war's end until 1948, where they were replaced by similar legislation at both the federal and provincial levels. In 1960, the Act was amended by the Canadian Bill of Rights , in order to ensure that: In 1970, members of the Front de libération du Québec (FLQ) kidnapped British diplomat James Cross and Quebec provincial cabinet minister Pierre Laporte , who was later murdered. What

2160-593: Was brought into force three times in Canadian history : during the First World War , Second World War , and the 1970 October Crisis . The Act was questioned for its suspension of civil liberties and personal freedoms, including only for Ukrainians and other Europeans during Canada's first national internment operations of 1914–1920, the Second World War's Japanese Canadian internment , and in

2208-562: Was not until the labour shortage in Canada became dire that these interned individuals were released into the workforce again in an attempt to boost the economy and the war effort. In contrast to the previous war, by virtue of the Statute of Westminster 1931 , Canada instituted its measures separately from the United Kingdom. A state of apprehended war was declared on 25 August 1939, and the Defence of Canada Regulations were implemented under

2256-425: Was passed, which assigned responsibilities for planning to meet the exigencies of different types of emergencies to various Ministers, departments and agencies of government. In 1988, the Emergencies Act was passed, and the War Measures Act was repealed as a consequence. Lubomyr Luciuk Lubomyr Yaroslav Luciuk (born July 9, 1953) is a Canadian academic and author of books and articles in

2304-467: Was transformed into full anti-Japanese thoughts and behaviour by many Canadian citizens who saw Japanese Canadians as spies for Japan . This fear towards Japanese Canadians led to the quick restriction of their rights and freedoms: In December 1945, three Orders in Council were issued to provide for the expulsion of Japanese nationals and other persons of Japanese origin, whether or not they were British subjects (either natural born or naturalized). Although

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