What was the War Measures Act invocation in October 1970?

Prime Minister Pierre Trudeau's federal Cabinet invoked the War Measures Act on October 16, 1970 in response to the October Crisis FLQ kidnappings of British trade commissioner James Cross (October 5, 1970) and Quebec Labour Minister Pierre Laporte (October 10, 1970). This was the only peacetime use of the Act in Canadian history. The proclamation suspended civil liberties and authorised the warrantless arrest and detention of about 500 people, of whom only about 18 were eventually convicted of actual offences. The invocation remains one of the most controversial decisions in modern Canadian political history.

The War Measures Act of 1914 had been originally enacted at the start of the First World War to provide emergency powers. It had been used during the First World War (with Japanese, German, Ukrainian, and other ethnic internments), the Second World War (particularly the 1942 Japanese Canadian internment), and now (under section 6's provision for 'apprehended insurrection') during the October Crisis. Section 6 had not been used before. Quebec Premier Robert Bourassa formally requested federal action in a letter dated October 15, 1970, citing 'apprehended insurrection'.

The federal Public Order Regulations made under the War Measures Act criminalised FLQ membership and FLQ-supportive activity, authorised arrest without warrant and detention without charge for up to 21 days (extendable to 90 days), and prohibited the publication or distribution of FLQ communications. The Canadian Forces deployed about 7,500 personnel to Quebec, primarily to guard government buildings, residences of officials, and embassies. The Sûreté du Québec provincial police and Royal Canadian Mounted Police conducted thousands of searches and arrests.

About 500 people were detained without charge during October and November 1970. Many were Quebec writers, artists, intellectuals, and leftist activists with no connection to the FLQ. Notable detainees included Pauline Julien (singer), Gérald Godin (poet, later PQ Cabinet minister), Gaston Miron (poet), Michel Chartrand (union leader), and Raymond Lévesque (singer). Most were released without charge after a few days. The regulations expired on April 30, 1971. The long-term consequences of the War Measures Act invocation have been substantial. Public opinion was initially supportive (a majority of Canadians and a plurality of Quebecers approved the invocation); long-term opinion shifted against the invocation as evidence of civil-liberties abuses emerged. The Charter of Rights and Freedoms (1982) included section 1 limitations and section 33 notwithstanding clause provisions reflecting the experience. The War Measures Act was replaced by the more limited Emergencies Act on July 21, 1988 under the Mulroney government. The Emergencies Act has been invoked once since (during the 2022 Truckers' Convoy) under specifically different powers.