Section 98 of the Criminal Code (1919)
- Parliament drafted Section 98 of the Criminal Code in 1919 in response to the labour unrest in Canada that ultimately resulted in the Winnipeg General Strike.
- The wording for Section 98 was created largely on the basis of the War Measures Act (specifically Order-in-Council 2384).
- Section 98 was in effect from 1919–1936 and it targeted "unlawful associations," which essentially widened the federal government's definition of sedition (the term used to describe conduct or speech that entices citizens to rebel against their state authority).
- Section 98 made it illegal to be associated or part of any organization that intended to overthrow the government or bring forth economic change through force.
- This law made it illegal to simply be part of political organizations (namely the Communist Party in Canada) and as a result, violated civil liberties.
- The federal government also removed Section 133 from the Criminal Code, which protected individuals from sedition charges who criticized the government's actions or the constitutions.
- These efforts were intended to suppress political dissent but despite these harsh measures, few people were actually convicted using this section of the Code before it was repealed in 1936.
Citation
Mackenzie, J. B.. "Section 98, Criminal Code and Freedom of Expression in Canada." Queen's Law Journal 1, (1971-1972) pg. 469. https://heinonline.org/HOL/LandingPage?handle=hein.journals/queen1&div=25&id=&page=
Further Readings
Use of this citation (explaining the 1919-1936 use of Section 98 of the Criminal Code) on page 358: https://publications.gc.ca/collections/collection_2019/isde-ised/Co22/Co22-378-1979-eng.pdf
For more information on Section 98: https://www.osgoodesociety.ca/book/exceptional-law-section-98-emergency-state-1919-1936/ & https://historyofrights.ca/encyclopaedia/main-events/1919-section-98-criminal-code/
Overlapping Topics
Labour
Policy Sub-Topic
Policy Type
Editorial