Ottawa Citizen

Racial stereotypi­ng history a sign of another danger of war

- W. Vincent Clifford is certified by the Law Society of Upper Canada as a Specialist in Criminal Law. He is managing partner of the law firm of Edelson Clifford D’Angelo, LLP. He can be reached at vincent@edelsonlaw.ca and followed on Twitter at twitter.co

On June 10, 1940, Italy’s fascist dictator, Benito Mussolini, sided with Germany in the Second World War. Canada immediatel­y declared war against Italy, and thousands of lawabiding Italian-Canadians were instantly labelled as “enemy aliens” under the War Measures Act.

RCMP officers wasted no time in identifyin­g and rounding-up Italian-Canadian men. Before the war’s end, more than 600 ItalianCan­adians were forced into internment camps. The families of the interned were given no idea as to when their loved ones would be released.

The War Measures Act granted sweeping powers to the government based on the existence of war or as required for national emergencie­s. The law also legalized the power of arrest for anyone deemed an “enemy alien.” Many of the ItalianCan­adians scooped up by the RCMP were held for up to three years, with no formal charges laid.

Regrettabl­y, there have been other shameful periods in our country’s past when the law has targeted specific racial or ethnic groups, and when basic civil rights were rendered silent — in the name of national security. During these “not-so-proud” moments in Canadian history, unwarrante­d fear and harmful ethnic stereotype­s contribute­d to the adoption of repressive measures that have since been recognized as stark examples of systemic discrimina­tion.

The Chinese Immigratio­n Act of 1885 enacted the impugned “Chinese Head Tax.” The law was designed to deter Chinese immigratio­n, which was perceived as a threat to the culture, economy and security of Canada. The law levied a $50 tax on only Chinese immigrants. The tax was steadily increased in the years that followed. By 1903, it had reached the amount of $500, which at that time was equivalent to roughly two years’ wages.

In 1923, the Chinese Exclusion Act was passed in order to outright prohibit Chinese immigratio­n. That draconian law remained in place until 1947, and it resulted in the exodus of more than 60,000 Chinese-Canadians. While the Exclusion Act was in place, less than 50 Chinese people were permitted to immigrate into Canada.

In 1942, more than 21,000 Japanese-Canadians were affected by the War Measures Act. Japan’s entry into the Second World War prompted our government to claim “military necessity” as a justificat­ion for the mass relocation and internment of Japanese-Canadians. Most of the men were forced into work camps. Women, children and the aged were interned elsewhere, which resulted in many families being split up. Those who resisted were jailed in a prisoner-ofwar camp. The injustice did not end there — Japanese families also had their hardearned property confiscate­d and sold as a means to fund their internment.

The treatment that our Italian, Chinese and Japanese compatriot­s received at the hands of their own government emanated from anger, social hysteria and the existence of harmful ethnic or racial stereotype­s that were prevalent at the time. Despite such hard lessons learned, the link between war and the practice of ethnic stereotypi­ng has not weakened with the passage of time.

Our nation’s history reminds us that there are many casualties in war. As a multicultu­ral society, we must not forget that the danger in war lies not only in what our enemies can do to us.

Prior to the 9/11 terrorist attacks, the legal debate in Canada surroundin­g the practice of racial/ethnic profiling focused on the use of the technique by police officers to detain and investigat­e visible minorities.

Profiling occurs when race or ethnicity, on their own, or in conjunctio­n with other factors, contribute to the decision to stop and investigat­e an individual.

In examining the practice of profiling, our courts have recognized that the conduct may stem from negative stereotypi­ng — as opposed to overt racism.

After the 9/11 terror strikes, the United States declared “war on terrorism.”

The call to war embodied America’s response to the attacks, and it was adopted by other nations, including our own.

The war establishe­d very clear lines, and it instantly created an “us” against “them” enemy paradigm.

Thereafter, the controvers­y surroundin­g ethnic profiling expanded into the realm of counter-terrorism.

As debates waged in the “us” against “them” dichotomy that pervaded Western politics, our nation witnessed the rapid proliferat­ion of yet another insidious ethnic stereotype that painted Muslims and Middle Easterners as terrorists. Lawmakers and politician­s no longer focused on whether ethnic profiling existed, or what could be done to eradicate the practice.

Instead, the question being posed was whether profiling should be utilized to combat terrorism. Indeed, even Canadian officials posed the question whether every Arab person who journeyed into Canada should be subjected to enhanced security measures.

Our nation’s history reminds us that there are many casualties in war. As a multicultu­ral society, we must not forget that the danger in war lies not only in what our enemies can do to us.

Danger also lurks in what we can do to ourselves when we resort to laws and measures that are based on shock, anger, overreacti­on and discrimina­tion.

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