Padlock Law
Encyclopedia
The Padlock Law (QcFr
: "La loi du cadenas" / "Loi protégeant la province contre la propagande communiste", 1 George VI
Ch. 11) was an Act of the province of Quebec, passed on March 24, 1937 by the Union Nationale government of Maurice Duplessis
, that was intended to prevent the dissemination of communist propaganda
.
The Act prohibited anyone to "use [a house] or allow any person to make use of it to propagate communism
or bolshevism by any means whatsoever" as well as the printing, publishing or distributing of "any newspaper, periodical, pamphlet, circular, document or writing, propagating Communism or Bolshevism." A violation of the Act subjected such property to being ordered closed by the Attorney General - "padlocked" - against any use whatsoever for a period of up to one year, and any person found guilty of involvement in prohibited media activities could be incarcerated for three to thirteen months.
The law was ill-defined, denied the presumption of innocence
, and clearly denied the right of freedom of speech
to individuals. There were also concerns that the law would be used in order to arrest individual activists from international trade union
s. Two union leaders were nearly arrested in that period. While it was applied frequently against a range of radical leftist groups, allegations that Duplessis used it against political opponents and groups considered undesirable, such as the Jehovah's Witnesses
are incorrect, with the exception of the 1950 closure of the Montreal headquarters of the left-wing United Jewish Peoples' Order. The authorities used a different regulation to attack Jehovah's Witnesses. In the 1957 decision of Switzman v. Elbling
, the Supreme Court of Canada
struck down the law as unconstitutional.
Quebec French
Quebec French , or Québécois French, is the predominant variety of the French language in Canada, in its formal and informal registers. Quebec French is used in everyday communication, as well as in education, the media, and government....
: "La loi du cadenas" / "Loi protégeant la province contre la propagande communiste", 1 George VI
George VI of the United Kingdom
George VI was King of the United Kingdom and the Dominions of the British Commonwealth from 11 December 1936 until his death...
Ch. 11) was an Act of the province of Quebec, passed on March 24, 1937 by the Union Nationale government of Maurice Duplessis
Maurice Duplessis
Maurice Le Noblet Duplessis served as the 16th Premier of the Canadian province of Quebec from 1936 to 1939 and 1944 to 1959. A founder and leader of the highly conservative Union Nationale party, he rose to power after exposing the misconduct and patronage of Liberal Premier Louis-Alexandre...
, that was intended to prevent the dissemination of communist propaganda
Communist propaganda
Communist propaganda is propaganda aimed to advance the ideology of communism, communist worldview and interests of the communist movement.A Bolshevik theoretician, Nikolai Bukharin, in his The ABC of Communism wrote:...
.
The Act prohibited anyone to "use [a house] or allow any person to make use of it to propagate communism
Communism
Communism is a social, political and economic ideology that aims at the establishment of a classless, moneyless, revolutionary and stateless socialist society structured upon common ownership of the means of production...
or bolshevism by any means whatsoever" as well as the printing, publishing or distributing of "any newspaper, periodical, pamphlet, circular, document or writing, propagating Communism or Bolshevism." A violation of the Act subjected such property to being ordered closed by the Attorney General - "padlocked" - against any use whatsoever for a period of up to one year, and any person found guilty of involvement in prohibited media activities could be incarcerated for three to thirteen months.
The law was ill-defined, denied the presumption of innocence
Presumption of innocence
The presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat, is the principle that one is considered innocent until proven guilty. Application of this principle is a legal right of the accused in a criminal trial, recognised in many...
, and clearly denied the right of freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
to individuals. There were also concerns that the law would be used in order to arrest individual activists from international trade union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
s. Two union leaders were nearly arrested in that period. While it was applied frequently against a range of radical leftist groups, allegations that Duplessis used it against political opponents and groups considered undesirable, such as the Jehovah's Witnesses
Jehovah's Witnesses
Jehovah's Witnesses is a millenarian restorationist Christian denomination with nontrinitarian beliefs distinct from mainstream Christianity. The religion reports worldwide membership of over 7 million adherents involved in evangelism, convention attendance of over 12 million, and annual...
are incorrect, with the exception of the 1950 closure of the Montreal headquarters of the left-wing United Jewish Peoples' Order. The authorities used a different regulation to attack Jehovah's Witnesses. In the 1957 decision of Switzman v. Elbling
Switzman v. Elbling
Switzman v. Elbing [1957] SCR 285 was a landmark Supreme Court of Canada decision where the Court struck down Quebec's Padlock Law.Max Bailey, was a resident of a Park Avenue apartment in Montreal...
, the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
struck down the law as unconstitutional.