Section 98 (s. 98) of the ''

Criminal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

'' of

Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...

was a law enacted after the Winnipeg general strike of 1919 banning "unlawful associations." It was used in the 1930s against the Communist Party of Canada. After the Winnipeg general strike of 1919,

Arthur Meighen Arthur Meighen (; June 16, 1874 – August 5, 1960) was a Canadian lawyer and politician who served as the ninth prime minister of Canada from 1920 to 1921 and from June to September 1926. He led the Conservative Party from 1920 to 1926 and fro ...

Minister of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...

Robert Borden Sir Robert Laird Borden (June 26, 1854 – June 10, 1937) was a Canadian lawyer and politician who served as the eighth prime minister of Canada from 1911 to 1920. He is best known for his leadership of Canada during World War I. Borde ...

's government, introduced an amendment to the ''Criminal Code''. The legislation was tabled in the House of Commons on June 27, 1919, where it was passed with little to no debate. In the Senate, it only took two days to pass going on to receive royal assent on July 7, 1919. Section 98 read:

Any association...whose professed purpose...is to bring about any governmental, industrial or economic change within Canada by use of force, violence or physical injury to person or property, or by threats of such injury, or which teaches, advocates, advises or defends the use of force, violence, terrorism, or physical injury to person or property...in order to accomplish such change, or for any other such purpose..., or which shall by any means prosecute or pursue such purpose...or shall so teach, advocate, advise or defend, shall be an unlawful association.

The law was extremely broad and carried a penalty of up to 20 years in prison. It was used throughout the 1920s and early half of the 1930s to harass Communists, other left parties and organizations, and labour unions generally. The most well-known use of Section 98 was in a crackdown designed to "strike a death blow at the Communist Party." The

Royal Canadian Mounted Police The Royal Canadian Mounted Police (RCMP; french: Gendarmerie royale du Canada; french: GRC, label=none), commonly known in English as the Mounties (and colloquially in French as ) is the federal police, federal and national police service of ...

and the

Ontario Provincial Police The Ontario Provincial Police (OPP) is the provincial police service of Ontario, Canada. Under its provincial mandate, the OPP patrols provincial highways and waterways, protects provincial government buildings and officials, patrols unincorp ...

rounded up eight leaders of the Communist Party on 11 August 1931, who were subsequently convicted under the law and sentenced for up to five-year prison terms. In the years after the conviction, public opinion turned in favour of the Communists and against the law, which was opposed by liberals and moderate leftists as well as far-left organizations like the Canadian Labour Defence League, a Communist legal defence committee. As a result of public opposition, the Communists were released early from jail and the law was repealed in 1936 following the election of Mackenzie King in 1935. Opposition to Section 98 was an important campaign for crystallizing an early civil rights movement within an otherwise fractured left wing in Canada. Although the law was repealed, it served as the model for the ''

Defence of Canada Regulations The ''Defence of Canada Regulations'' were a set of emergency measures implemented under the ''War Measures Act'' on 3 September 1939, a week before Canada's entry into World War II. The extreme security measures permitted by the regulations ...

'' under the ''

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 t ...

'' to suppress aliens and dissenters during the

Second World War World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposi ...

and during the

October Crisis The October Crisis (french: Crise d'Octobre) refers to a chain of events that started in October 1970 when members of the Front de libération du Québec (FLQ) kidnapped the provincial Labour Minister Pierre Laporte and British diplomat James Cr ...

of 1970.

References

Sources

* {{cite book , last=Wfirst=Barry & Eric Tucker, Susan Binnie , title = Canadian State Trials, Volume IV, year=2015, publisher =

University of Toronto Press The University of Toronto Press is a Canadian university press founded in 1901. Although it was founded in 1901, the press did not actually publish any books until 1911. The press originally printed only examination books and the university cale ...

, isbn= 9781442631083 - Total pages: 464 Canadian federal legislation Anti-communism Political and cultural purges Canadian criminal law Repealed Canadian legislation 1919 in Canadian law