Unit 5.4 Disregarding the Will of the People

Have you ever imagined living in a country where there are no police or laws? In a land of total freedom, you could drive a stolen car at high speeds, assault anyone at anytime, and buy beer at age 12 or younger! What about taking money from others or swimming in your neighbour's pool? In a truly liberal society, you would be free to do as you please—and so would everyone else. Is that all you want? You might still want the police to protect you and your property if you were being abused or taken advantage of. Do you like the government making laws that protect you from wrong and harm? Most people desire to be free. Government leaders understand this need, but they also recognize the necessity for protection and support for their citizens. One of the greatest challenges to liberal ideology is determining how to balance freedom and control.

Democratic governments must protect fundamental rights given to the citizens of their countries in constitutional documents similar to the Canadian Charter of Rights and Freedoms. Governments have the responsibility to ensure that laws respect the will of the people and the rights and freedoms guaranteed to them in their constitutions. Click this link to see how the Canadian Charter of Rights and Freedoms protects the rights and freedoms and will of the Canadian people .   Reproduced with the permission of the Minister of Public Works and Government Services Canada, 2007.

However, governments may need to suspend or limit rights and freedoms when world ideologies are in conflict and there is a real and present danger to the citizens. Governments are faced with answering the following question: What are the best actions the government can take to protect its citizens? To answer this question, the government must consider how citizens will react to the suspension of their rights and freedoms. Citizens and the government must determine under what conditions the government can limit the rights and freedoms of individuals.

Sometimes, leaders in a liberal democracy feel they must reject liberal values if a situation threatens the safety and security of citizens. At times, the government may go so far as to suspend all democratic rights. Canadian Prime Minister Trudeau did that during the FLQ Crisis of October 1970. Since the terrorism attacks of 9/11, Canada and the United States have adopted new legislation to protect the citizens of their countries. These new acts have questioned the suspension of many civil liberties, as well as the justification for using the broad powers given by the legislators to the government.

Did you ever wonder why airports have such tight security? Customs agents can detain a person if they suspect the person has materials or devices that might lead to a terrorist attack. A person's rights are suspended as soon as the person is confirmed as a suspect. The Canadian Charter of Rights and Freedoms protects citizens' rights, but there is also legislation that controls the actions of citizens and takes away their freedom if they are seen as a threat to security. You may wonder what events led to this legislation.

Before the Charter was enacted, Canada experienced a serious crisis in October 1970 in Québec. The Prime Minister at the time, Pierre Trudeau, chose to reject liberal democratic values temporarily so that the government of Canada could maintain security.

In recent years, the United States has also been criticized for actions it took to maintain security after the terrorist attacks of September 11, 2001.

Sometimes, liberal governments must reject the very values they stand for to restore order and keep the peace. Sometimes the methods that liberal governments use to restore order work, and sometimes individual citizens lose their rights and freedoms unfairly.

Read "Making Difficult Decisions for the Common Good" on page 294 of your textbook, Understandings of Ideologies. This page will further your understanding of the concept of liberal democracy.

You should make notes, either on paper or on your computer, about what you have read. You may want to read the tutorial How to Make Notes. When you are finished the tutorial, return here to continue this unit.