1. “To Illiberalism or Not to Illiberalize, that is the question.”
Chapter 11
Complexities of Liberalism in Practice
To what extent are the principles of liberalism viable?
“To Illiberalism or Not to Illiberalize, that is the question.”

2. Illiberalism
An illiberal democracy, also called a pseudo democracy, partial democracy, low intensity democracy, empty democracy, hybrid regime or delegative democracy, is a governing system in which, although elections take place, citizens are cut off from knowledge about the activities of those who exercise real power because of the lack of civil liberties. It is not an 'open society'. This may be because a constitution limiting government powers exists, but its liberties are ignored.

3. Illiberalism
Why has the United States, with its long-standing Liberal tradition, come to embrace the illiberal policies it has in recent years? The conventional wisdom is that al-Qaida’s attacks on the United States on September 11, 2001, and the subsequent war on terrorism have made America less Liberal. The logic of this argument is straightforward: interstate war has historically undermined domestic liberties, and the war on terrorism is causing the United States to follow this well-worn path. This explanation confronts a puzzle, however: illiberal U.S. policies—including the pursuit of global hegemony, launching of a preventive war, imposition of restrictions on civil liberties in the name of national security, and support for torture under certain circumstances—manifested themselves even before the September 11 terrorist attacks and were embraced across the political spectrum. Indeed, it is precisely American Liberalism that makes the United States so illiberal today. Under certain circumstances, Liberalism itself impels Americans to spread their values around the world and leads them to see the war on terrorism as a particularly deadly type of conflict that can be won only by employing illiberal tactics.

4. So what is Illiberalism?
You must have a strong understanding and definition of this term?

5. You must summarize your section, identify the characteristic of liberalism being imposed upon and present your topic to class.
Group One: Protection of Rights in Liberal Democracies pg
Group Two: The Canadian Charter of Rights and Freedoms pg
Group Three: The Promotion and Recognition of Collective Rights pg
Group Four: Common Good vs. Respect for Rights pg
Group Five: First Nation, Métis, and Inuit Rights pg
Group Six: Religious Symbolism pg

6. War Measures Act
First passed in 1914 in response to Canada’s involvement in WWI
Has only been invoked 3 times
War Measures Act, statute (1914) conferring emergency powers on the federal Cabinet, allowing it to govern by decree when it perceives the existence of "war, invasion or insurrection, real or apprehended."
The Act was proclaimed in force with detailed regulations limiting the freedom of Canadians during both world wars.
The only use of the War Measures Act in a domestic crisis occurred in October and November 1970, when a state of "apprehended insurrection" was declared to exist in Québec and emergency regulations were proclaimed in response to 2 kidnappings by the terrorist (October Crisis)

7. Emergencies Act 1988 Replaced the War Measures Act in 1988
Designed to produce adequate safeguards to protect individual civil rights.
Illiberalism in this case comes from government ability to restrict or violate civil liberties in the name of national security
Public Welfare Emergencies?
International Emergencies?
Public Order Emergencies
War Emergencies?
Government in Canada are concerned about public security. Due to this concern limitations to liberal rights are limited at the discretion of authority.
Societies today face situations that challenge liberal values or characteristics such as individualism, freedom of expression, self interest, freedom of excessive government intrusion, and mobility rights. Some emergencies and security legislation seem to override the protection of civil liberties. These laws often contradict the laws that protect liberty such as the Charter of Rights and Freedoms and the US Constitution.

8. Anti Terrorism Act
In the aftermath of the Sept. 11, 2001 attacks on the U.S., the federal government created Canada's first anti-terrorism legislation defining what terrorism is and making it a punishable offence within Canada's Criminal Code. The Anti-terrorism Act (Bills C-36 and C-42), was the subject of heated debate and controversy as the Liberal government of the time fast-tracked it through the House of Commons and the Liberal-dominated Senate.

9. Anti Terrorism Act
Increased the powers of law enforcement allowing them to install wire taps, search premises, seize goods, and detail suspected terrorists. The act defines terrorism as follows:
An act of omission committed inside or outside Canada for political, religious, or ideological purposes or causes and.....AND
With intention to intimidate the public in regard to security, including economic security, or to compel a person, government or national or international organization to do or refrain from doing an act……AND
With an intent to do one of the following:
Endanger life, cause death or serious harm to a person, cause risk to health safety of the public, cause serious damage to private or public property, disrupt and essential service or facility…………………

10. Anti Terrorism Act
Highlights of the Anti-terrorism Act:
It gives the police wide, sweeping powers to act on suspected acts of terrorism.
It allows suspected terrorists to be detained without charge for up to three days.
It makes it easier for the police to use electronic surveillance, which used to be seen as a last resort.
It allows for preventive arrests.
It allows judges to compel witnesses to give evidence during an investigation.
It allows for the designation of a group as a terrorist organization.
Read Investigation p – Questions for Reflection p.397

11. Internment
During the Second World War, roughly 22,000 Japanese Canadians were forcibly evacuated from the west coast and resettled in other parts of the country. Their struggle continued after the war as they fought for an apology and redress for their loss.

12. Internment CBC Archives Franklin D. Roosevelt declaration of War
Apology for Japanese Internment
A fragile Democracy with David Suzuki

13. Internment
internment of 8,579 "enemy aliens" of which over 5,000 were Ukrainians who had emigrated to Canada from territories under the control of the Austro-Hungarian Empire.
An additional 80,000 individuals (of which the vast majority were Ukrainians) were obliged to register as "enemy aliens" and then required to report to local authorities on a regular basis.

14. October Crisis (1970) Introduction and Summary

15. October Crisis (1970) Discuss the following questions:
Under the circumstances in October of 1970, do you believe the federal governments actions were appropriate?
What other alternatives could Trudeau have used with the FLQ without rejecting the principles of liberalism during this crisis?
Research and review the FLQ CRISIS

16. Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT ACT) Act of 2001'
When the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any property so confiscated shall vest, when, as, and upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms and conditions as the President may prescribe, such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes.
Constitution vs. Illiberalism USA
Unconstitutional Video

17. USA PATRIOT: Uniting and Strengthening America By Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001
The USA Patriot Act, 2001
The purpose of the USA PATRIOT Act is to deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and other purposes, some of which include:
To strengthen U.S. measures to prevent, detect and prosecute international money laundering and financing of terrorism;
To subject to special scrutiny foreign jurisdictions, foreign financial institutions, and classes of international transactions or types of accounts that are susceptible to criminal abuse;
To require all appropriate elements of the financial services industry to report potential money laundering;
To strengthen measures to prevent use of the U.S. financial system for personal gain by corrupt foreign officials and facilitate repatriation of stolen assets to the citizens of countries to whom such assets belong.

18. Civil Liberties
Critics of the "Patriot" act take issue with powers granted by the act that have no defined limits. Such open ended powers allow abuse by individuals working in the government and to do so even for self serving purposes or towards amassing further powers.
As for the Anti Terrorism Act in Canada, critics argue the act as unconstitutional under the Charter of Rights and Freedoms limiting civil liberties that Canadians are entitled to:
Not to be arbitrarily detained or imprisoned
To be informed of the reasons for arrest
To be released if the detention is not justified

19. Evolution of Illiberalism
Passenger Protect: Canadian NO-Fly List: A Canadian government initiative to identify individuals who may be an "immediate threat to aviation security" and prevent them from boarding a flight. The program consists of a "Specified Persons List" which includes the name, birth date, and gender of individuals believed to pose a security threat, and a set of "Identity Screening Regulations" requiring all passengers to present valid government-issued ID before they are allowed to board a flight. The list itself contains 1250 ± 750 names. The Passenger Protect Program's implementation date was June 18, 2007 for Canadian domestic flights and international flights to and from Canada.

20. S7 Laws- Anti Terrorism Act Amendments
Section 7 of the Canadian Charter of Rights and Freedoms that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and security of the person. Denials of these rights are constitutional only if the denials do not breach what is referred to as fundamental justice. This provision provides both substantive and procedural rights. It has broad application beyond merely protecting due process in administrative proceedings.
Known as S-7, the combating terrorism act. It would bring back two central provisions that were originally instituted by the Jean Chrétien government after the Sept. 11 attacks in New York in 2001 but were "sunsetted" after a five-year period. (Anti-Terrorism Act)
The 1st amendment allowed for "preventive detention," meaning someone can be held without charge for up to three days just on suspicion of being involved in terrorism. The person can then be bound by certain probationary conditions for up to a year, and if he or she refuses the conditions, can be jailed for 12 months.
The 2nd amendment provides for an "investigative hearing" in which someone suspected of having knowledge of a terrorist act can be forced to answer questions. The objective is not to prosecute the person for a criminal offence, but merely to gather information. If he or she refuses, that person can be imprisoned for up to 12 months.

21. Bill C51 Anti-terrorism Act, 2015
An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts
This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.
Extends Canada’s anti-terror laws. The bill comes at a time when tension over threats of terrorism on home soil are high. Attacks on two Canadian soldiers in Ottawa, as well as the attack on the Charlie Hebdo office in Paris, are often cited by members of the government as justification for tougher laws. Bill C-51, is in line with the government’s “firm commitment” to protect Canadians from jihadist terrorists who seek to destroy the values Canadians hold dear.
The bill grants greater powers to police authorities to target activities that could “undermine the security of Canada” as well as activities that are detrimental to Canada’s interests. Bill C-51 would mean broad and significant changes to national security and public safety measures.
Its main provisions would facilitate information sharing among 17 federal institutions, give police powers that would allow them to preventatively detain or restrict terror suspects, ban the “promotion of terrorism,” allow the public safety minister to add people to Canada’s “no-fly list,” and enhance the powers of Canada’s spy agency CSIS.

22. Canada’s Secret Gestapo Police
Before the anti-terror legislation, CSIS’s role was to, in essence, spy, to collect intelligence. The bill gives CSIS what’s known as “disruptive” powers, meaning it would allow the spy agency to do things above and beyond mere observation.
One current safeguard to expanded CSIS powers, is a requirement for the agency to seek a warrant in its efforts to “take measures, within or outside Canada, to reduce” threats to national security. But under C-51, the spy agency would only need a warrant if it’s conducting activity that contravenes existing laws or Canada’s charter. Such proceedings always run the serious risk of wrongly penalizing an innocent person. This trade-off may have been (barely) acceptable when requests were limited to surveillance.”
“Bill C-51 could see Canadian Federal Court judges asked to authorize law breaking or unconstitutional behavior by a covert agency whose mandate would extend beyond spying.”

23. Is our government representing the will of the people?
How does Bill C51 reject our understanding of Liberalism and individual Freedom?
Is our government representing the will of the people?
Is liberalism in Canada viable?

24. To What Extent are Liberal Values Viable?

27. To What Extent are Liberal Values Viable?

28. Muslim Women Could Face Hefty Fine for Wearing Veils in France

30. For Review
John Mcquire Canada ISIS video