Abstract
This thesis is a work of scholarly revisionism, challenging the established narratives of Canadian legal history during the First World War. The thesis challenges the notion that the War Measure Act 1914 simply flowed from the enactment of the British Defence of the Realm Act 1914 and argues that the implementation of the War Measure Act 1914 allowed for a series of other regulations which had the result of severely affecting and curtailing virtually all aspects of Canadian life and civil liberties.
The thesis focuses on three areas: (1) freedom of speech/sedition during wartime; (2) freedom from unlawful arrest and detention; and (3) the prohibitions and actions against organisations that were deemed unlawful associations. This study demonstrates that not all residents in Canada were affected equally, and those who experienced issues relating to the application of the law were often – but not exclusively – those whose origins were from enemy countries, principally Germany and Austria (and of Austrians, those of Ukrainian extraction).
The conclusions of this thesis are supported by a very extensive programme of research into archival material, much of it not available to or taken into account by earlier historians. The large body of data accumulated consists of case reports, criminal proceedings, official reports, and newspaper archives. From this research, it has been possible to offer original insights into the official treatment of aliens, including enemy aliens, mainly in Alberta but also in other Canadian provinces.
The thesis argues that the passing and implementation of the War Measures Act 1914 and regulations was an exercise of legal nationalism, which attempted to differentiate Canadian law-making from British law-making, while at the same time taking inspiration from certain authorities of English jurisprudence, notably A.V. Dicey. Considered more widely, these legal developments can be seen as contributing significantly towards the creation of the modern Canadian state and being a catalyst in that national development.
| Date of Award | 1 Feb 2021 |
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| Original language | English |
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| Supervisor | Robert Blackburn (Supervisor) & William Philpott (Supervisor) |