https://declassified.library.utoronto.ca/files/original/bab4f03a11fc4bf130832ac3e3cf4804.pdf 7482c2e54bcd0282a9d2a2cb703b900a PDF Text Text 1 _ • V V .JA:;. .MI c fr A** October 13, 1970 MEMORANDUM FOR FROM RE DEPUTY MINISTER o0^?'TFK'\ ex J. A. Scollin F. L. Q. This note sets out the advantages and disadvantages of Federal Government•action under the War Measures Act and under special legislation. (1) (2) General (a) Need for express written request by Province of Quebec establishing conditions in that Province and acknowledging inadequacy of normal law enforcement methods for dealing with those conditions. Such request might be tabled. (b) Provision for enforcement by Federal as well as provincial authorities. (c) Provincial, national and International implications of any emergency action. (d) Importance of recitals in light of Government's general position On civil rights. (e) Substance of provisions would be the same whether Government resorts to War Measures Act or brings in special legislation. See note attached setting out essential provisions. (f) Avoidance of overreaction. War Measures Act Advantages (a) Speed and effectiveness - proclamation legally conclusive evidence of Insurrection, real or apprehended. ) (b) Built-in exclusion of Bill of Rights. F 000700 �(c) Easy to revoke when emergency passes. (d) Can readily be preceded by debate on a resolution (e) Action can be taken even if the members of tlic F.L.Q. appear under the guise of some other association. Disadvantages (a) Political and economic effect of admitting existence of insurrection is more serious than in the case of special legislation. (b) Although main impact of regulations under the Act would be confined to Quebec, Act would be officially in force throughout Canada. (c) (J) Although regulations could provide for Federal participation in enforcement, the principle of Federal control in areas of national}interest would not be as plainly or as permanently asserted as would be the case with special legislation. fj^-s&^yti^ J 4 dX -fA^yy Q Special legislation (L2A-C j * ^ . tAL~ 7LAJ~A j -^-"-v-^ ^^~-K f-W«^J - OOono—O^ /?-. UX. . Advantages (a) The remedy is restricted to tlie malady. As the legislation only deals with the F.L.Q. organization, the Government is not open to the allegation that any other politically repressive action is being taken under the guise of anti-F.L.Q. action. (b) It preserves the principle of law-making by Parliament -u^. (Ai] «-£*~-« . (c) Because on the face of it, it is more limited than a proclamation Under the I'/ar Measures Act, its side effects are likely to be less serious. Cd) It gives Parliament's recognition to the principle of Federal right and responsibility for direct enforcement of the criminal law in areas of primary national concern. w JZC C^AJ. y^sJ^Jx^n..tJL^yf *-^- Aw^y^c. &A*F - f-^~-JM. /XAXO^juOJL^n. ^OL 2-U A'Au AAsJr ^—+7 &-AX.—(JlO O A*-^C^J2J7JJ~-FJ 2*-<Y^-~~y. 2 <2Z2„LF 3 A .U, �Disadvantages (a) It cannot be put into effect as quickly as the War Measures Act. (b) To avoid the risk by the courts, it express provision standing the Bill (c) In the event that a defect in its operation is discovered, it is slower and more difficult to amend than regulations under the War Measures Act. (d) It highlights the abandonment of the recent liberal trend in penal legislation. of it being immediately nullified must contain an unpalatable that it is to operate notwithof Rights. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context CDTF00028 Title A name given to the resource Memorandum for Deputy Minister Date A point or period of time associated with an event in the lifecycle of the resource 13-Oct-70 Source A related resource from which the described resource is derived Political Affairs - Internal Security - Task Force on Kidnapping - Policy, RG25, vol. 25741, 20-22-TFK-1, part 2, Library and Archives Canada (LAC). Creator An entity primarily responsible for making the resource Department of External Affairs Rights Information about rights held in and over the resource Canadian Crown Subject The topic of the resource October Crisis, TFK Description An account of the resource FLQ Publisher An entity responsible for making the resource available Canada Declassified Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource PDF Language A language of the resource en