The October Crisis of 1970 and Bill C-51: When is the government more important than the individual?

The October Crisis of 1970 and Bill C-51: When is the government more important than the individual?

The introduction of Bill C-51 has garnered some of the fiercest debates over individual rights and government powers in recent Canadian history. While its supporters point to its purpose in defending Canada from the threat of terrorism, many of its critics reject its necessity as a means of protecting Canadians. Some have alluded to another time in Canadian history when individual rights were compromised in the name of the greater good, the 1970 October Crisis. Today we examine this comparison and consider whether there are any lessons from government reaction to the FLQ that can be applied to the debate over C-51 in 2015.

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Judicial Supremacy and the Right of the Individual in Canada

 A series of recent Supreme Court cases have ruled against the Canadian government. The rejection of their chosen appointee to the Court, Marc Nadon, on constitutional grounds has angered the government in Ottawa. Rumours and allegations of interference by the Chief Justice, Beverely McLachlin, have swirled over the last week. Ultimately, the Conservatives do not like that an unelected judiciary can supersede the democratically elected Canadian government. The place of the Supreme Court in Canada gives it constitutional authority and stems directly from the 1982 Constitution Act. Its section 52 gave the Supreme Court power to strike down legislation that did not align with the new Canadian constitution. To better understand the position of today's government, today we briefly examine how judiciary authority became supreme in Canada.

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