Section 98

Definition

Section 98 refers to a clause in the Canadian Criminal Code that was enacted in 1937, allowing for the arrest and detention of individuals involved in sedition or promoting the overthrow of government by force. This provision was part of the government's response to the rise of labor unrest and political radicalism during the 1930s, specifically targeting left-wing organizations and movements. The implementation of Section 98 reflects broader political tensions and responses during a time of economic hardship and social change.

5 Must Know Facts For Your Next Test

1. Section 98 was introduced in response to the growing fear of communism and radical leftist movements in Canada during the Great Depression.
2. The section enabled authorities to detain individuals without trial for up to six months if they were deemed to be promoting violence against the state.
3. This legislation led to significant controversy, as many viewed it as an infringement on civil liberties and freedom of expression.
4. The use of Section 98 resulted in police actions against various labor groups and left-wing organizations, increasing tensions between the government and these groups.
5. Section 98 was eventually repealed in 1951, reflecting changing attitudes toward civil rights and political dissent in Canada.

Review Questions

• How did Section 98 reflect the political climate in Canada during the 1930s?
  • Section 98 was a direct response to the rising concerns about sedition and political extremism during a time of economic hardship. The government aimed to quell labor unrest and prevent potential uprisings associated with leftist movements. By allowing for arrests without trial, Section 98 illustrated the state's efforts to maintain control and stability amid widespread social discontent.
• Discuss the implications of Section 98 on civil liberties in Canada during its enforcement.
  • The enforcement of Section 98 had significant implications for civil liberties in Canada. Many individuals were arrested under this provision simply for expressing dissenting views or participating in labor activism. This raised concerns about freedom of speech and association, as it created an environment where people feared repercussions for opposing government policies. The controversial use of this section highlighted the delicate balance between maintaining order and protecting individual rights.
• Evaluate the long-term effects of Section 98's repeal on political activism in Canada.
  • The repeal of Section 98 in 1951 marked a pivotal shift in Canadian society regarding political activism. It signaled an increased recognition of civil liberties and a willingness to allow dissenting voices in public discourse. This change fostered a more open political environment where labor movements and leftist organizations could operate without the fear of arbitrary detention. The legacy of Section 98's repeal can be seen in subsequent legal protections for freedom of expression and assembly, contributing to a more inclusive democratic process in Canada.

Related terms

Sedition: Sedition refers to actions or speech that incite rebellion against the authority of a state, often seen as a threat to public order.

Labor Unrest: Labor unrest describes the social and political disturbances caused by dissatisfaction among workers, often leading to strikes or protests.

Canadian Criminal Code: The Canadian Criminal Code is a federal statute that outlines criminal offenses and their punishments within Canada.