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It's not, in Canada. The government may elect to invoke the War Measures Act [1]. Pierre Trudeau did this when he drove tanks into Montreal to quash the Québéco

It's not, in Canada. The government may elect to invoke the War Measures Act [1]. Pierre Trudeau did this when he drove tanks into Montreal to quash the Québécois nationalist terrorist organization, the FLQ in the October Crisis of 1962 [2]. [edit] Posse Comitatus is more of an American thing - for the record the War Measures Act was subsequently replaced with the Emergencies Act [3]. [1] https://en.wikipedia.org/wiki/War_Measures_Act https://en.wikipedia.org/wiki/War_Measures_Act [2] https://en.wikipedia.org/wiki/October_Crisis https://en.wikipedia.org/wiki/October_Crisis [3] https://en.wikipedia.org/wiki/Emergencies_Act https://en.wikipedia.org/wiki/Emergencies_Act

etimberg 5y ago
The war measures act was repealed in 1988
- arcticbull 5y ago
  Indeed, it was replaced with the Emergenices Act as I mentioned. In fact Justin Trudeau considered invoking it for the first time since the replacement in the COVID situation. [edit] Between that and the Notwithstanding Clause [1] there's a lot of latitude here. [1] https://en.wikipedia.org/wiki/Section_33_of_the_Canadian_Charter_of_Rights_and_Freedoms https://en.wikipedia.org/wiki/Section_33_of_the_Canadian_Cha...
  - busymom0 5y ago
    Just want to mention that notwithstanding clause doesn’t apply to mobility rights for what it’s worth. Section 1 of the charter also allows a lot of latitude.
    - bawolff 5y ago
      There's already been a ruling on this https://www.cbc.ca/news/canada/newfoundland-labrador/nl-travel-ban-supreme-court-decision-1.5727549 https://www.cbc.ca/news/canada/newfoundland-labrador/nl-trav...
      - busymom0 5y ago
        The court used the section 1 of the charter in that case, not the notwithstanding clause. Also CCLA is appealing that case if I remember reading right.
        bawolff 5y ago
        I meant in response to your second part about sect. 1 applying.
        busymom0 5y ago
        Ah makes sense. My bad.
  - bawolff 5y ago
    The emergencies act doesn't allow for using military in the event of a public welfare emergency, as you seem to implying. It doesn't even allow for the federal government to order the police around > 9 (1) Nothing in a declaration of a public welfare emergency or in any order or regulation made pursuant thereto shall be construed or applied so as to derogate from, or to authorize the derogation from, the control or direction of the government of a province or a municipality over any police force over which it normally has control or direction. https://laws-lois.justice.gc.ca/eng/acts/E-4.5/page-1.html#h-213849 https://laws-lois.justice.gc.ca/eng/acts/E-4.5/page-1.html#h... [Provinces can request military help, but that's unrelated to either the emergencies act or the now repealed war measures act]
  - Joker_vD 5y ago
    Wait, are those two Treudeaus relatives?
    - halifaxbeard 5y ago
      Yes.
    - auxym 5y ago
      Justin is Pierre's son.
dleslie 5y ago
More recently, the military was deployed against citizens during the Oka Crisis. https://en.m.wikipedia.org/wiki/Oka_Crisis https://en.m.wikipedia.org/wiki/Oka_Crisis
- honkdaddy 5y ago
  Highly recommend all Canadians take some time to read about the Oka Crisis, very interesting part of Canada's complicated history with indigenous relations. There's a 2020 film called Beans about a 12 year old Mohawk girl living through the heart of the crisis, thoughtful and powerful Canadian cinema.
bawolff 5y ago
> Pierre Trudeau did this when he drove tanks into Montreal to quash the Québécois nationalist terrorist organization, the FLQ in the October Crisis of 1962 [2]. Its been a while since my high school history class, but i don't think that's correct. If i remember correctly, the military troops involved in the flq crisis were at the request and under control of the province of quebec, not the federal government (under the constitution of canada, law and order is a provincial responsibility). Trudeau did temporarily suspend some civil liberties, in particular the right to habeaus corpus. However the tanks were entirely provincial not federal, so had nothing to do with trudeau and their deployment did not involve the war measures act. In fact, as far as i know, the prime minister isn't even allowed to prevent the province from requistioning military help, at most they can charge them money for it afterwards. IANAhistorian.
subject119 5y ago
Just FYI, FLQ was more socialist-marxist than they were nationalist which is why they had to be put to a stop for the safety of the people. [1] [1] https://en.wikipedia.org/wiki/Front_de_lib%C3%A9ration_du_Qu%C3%A9bec https://en.wikipedia.org/wiki/Front_de_lib%C3%A9ration_du_Qu...

etimberg 5y ago

The war measures act was repealed in 1988

arcticbull 5y ago
Indeed, it was replaced with the Emergenices Act as I mentioned. In fact Justin Trudeau considered invoking it for the first time since the replacement in the COVID situation. [edit] Between that and the Notwithstanding Clause [1] there's a lot of latitude here. [1] https://en.wikipedia.org/wiki/Section_33_of_the_Canadian_Charter_of_Rights_and_Freedoms https://en.wikipedia.org/wiki/Section_33_of_the_Canadian_Cha...
- busymom0 5y ago
  Just want to mention that notwithstanding clause doesn’t apply to mobility rights for what it’s worth. Section 1 of the charter also allows a lot of latitude.
  - bawolff 5y ago
    There's already been a ruling on this https://www.cbc.ca/news/canada/newfoundland-labrador/nl-travel-ban-supreme-court-decision-1.5727549 https://www.cbc.ca/news/canada/newfoundland-labrador/nl-trav...
    - busymom0 5y ago
      The court used the section 1 of the charter in that case, not the notwithstanding clause. Also CCLA is appealing that case if I remember reading right.
      - bawolff 5y ago
        I meant in response to your second part about sect. 1 applying.
        busymom0 5y ago
        Ah makes sense. My bad.
- bawolff 5y ago
  The emergencies act doesn't allow for using military in the event of a public welfare emergency, as you seem to implying. It doesn't even allow for the federal government to order the police around > 9 (1) Nothing in a declaration of a public welfare emergency or in any order or regulation made pursuant thereto shall be construed or applied so as to derogate from, or to authorize the derogation from, the control or direction of the government of a province or a municipality over any police force over which it normally has control or direction. https://laws-lois.justice.gc.ca/eng/acts/E-4.5/page-1.html#h-213849 https://laws-lois.justice.gc.ca/eng/acts/E-4.5/page-1.html#h... [Provinces can request military help, but that's unrelated to either the emergencies act or the now repealed war measures act]
- Joker_vD 5y ago
  Wait, are those two Treudeaus relatives?
  - halifaxbeard 5y ago
    Yes.
  - auxym 5y ago
    Justin is Pierre's son.

dleslie 5y ago

More recently, the military was deployed against citizens during the Oka Crisis. https://en.m.wikipedia.org/wiki/Oka_Crisis https://en.m.wikipedia.org/wiki/Oka_Crisis

honkdaddy 5y ago
Highly recommend all Canadians take some time to read about the Oka Crisis, very interesting part of Canada's complicated history with indigenous relations. There's a 2020 film called Beans about a 12 year old Mohawk girl living through the heart of the crisis, thoughtful and powerful Canadian cinema.

bawolff 5y ago

> Pierre Trudeau did this when he drove tanks into Montreal to quash the Québécois nationalist terrorist organization, the FLQ in the October Crisis of 1962 [2]. Its been a while since my high school history class, but i don't think that's correct. If i remember correctly, the military troops involved in the flq crisis were at the request and under control of the province of quebec, not the federal government (under the constitution of canada, law and order is a provincial responsibility). Trudeau did temporarily suspend some civil liberties, in particular the right to habeaus corpus. However the tanks were entirely provincial not federal, so had nothing to do with trudeau and their deployment did not involve the war measures act. In fact, as far as i know, the prime minister isn't even allowed to prevent the province from requistioning military help, at most they can charge them money for it afterwards. IANAhistorian.

subject119 5y ago

Just FYI, FLQ was more socialist-marxist than they were nationalist which is why they had to be put to a stop for the safety of the people. [1] [1] https://en.wikipedia.org/wiki/Front_de_lib%C3%A9ration_du_Qu%C3%A9bec https://en.wikipedia.org/wiki/Front_de_lib%C3%A9ration_du_Qu...