Civil liberties advocates and the origins of the BCCLA If
we define a civil liberties organization as an association of people devoted to
protecting the fundamental democratic rights of all citizens, then the history
of civil liberties groups in Canada begins in the late 1930's. The first major
organization was the Montreal branch of the Canadian Civil Liberties Union, founded
in 1937 in opposition to the authoritarian policies of Quebec Premier Maurice
Duplessis. At about the same time, some Torontonians formed their own branch of
the CLU, and in 1938 a group of Vancouver citizens created a third affiliated
organization. This was connected to Montreal and Toronto in name only, however;
there was very little interaction or coordination between the groups, and this
continued throughout the 1940s, 1950s, and 1960s, as different organizations changed
their names or simply disappeared. The
Vancouver branch of the (Canadian) Civil Liberties Union, or VCLU, was the forerunner
of today's British Columbia Civil Liberties Association. In its first years, it
was led by UBC English professor Garnett Sedgewick (after whom the university's
Sedgewick library is named), and its main focus seems to have been Quebec's infamous
"padlock law," which permitted the police to lock up any property being
used for spreading Communist propaganda.
Like most civil
liberties organizations of this era, and perhaps even today, the members of the
VCLU tended to be academics and lawyers, primarily left-liberals or social democrats.
However, the Canadian Communist movement was at times eager to infiltrate and
take over civil liberties organizations; consequently, some of the members undoubtedly
leaned very far to the left. On the whole, the organization was largely male and
WASPish, but it was more diverse than most associations of this period. Some of
the better known executive members of the organization, at different times, were:
CCF politician Laura Jamieson, UBC professor Hunter Lewis, lawyer and later Chief
Justice of BC, Nathan Nemetz, and the journalist and humour writer, Eric Nicol.
The VCLU took
up a number of causes. It made a strong stand on the free speech rights of Communists
during the war, and opposed Ottawa's plans to deport thousands of Japanese Canadians
after the war. In the immediate post-war era, it supported Japanese Canadian demands
for the franchise, helped the Chinese community oppose Ottawa's restrictive immigration
legislation, and asked for better treatment for native people in Canada. The organization
was also concerned with the treatment of Doukhobors in British Columbia, as well
as Cold War paranoia about Communist infiltration, and it joined a campaign to
create a national bill of rights. All
in all, however, the VCLU seems to have been an unfunded and unstaffed collection
of well-meaning but largely ineffective do-gooders. It is hard to point to any
clear-cut successes, although no doubt they certainly wielded some influence.
To be sure, the archival evidence and first-hand testimony is extremely spotty,
and further research may reveal more impressive activity. Yet the trickle of newspaper
reports and letters in the late 1940's begins to dry up in the early 1950's, and
by the middle of the decade the organization seems to have withered away completely.
In British Columbia, as in many provinces, human rights activists were attempting
to obtain effective anti-discrimination legislation, but there does not appear
to be any evidence that the VCLU was involved in this or other civil liberties
issues. The
birth of the British Columbia Civil Liberties Association (BCCLA) in 1962
was a watershed moment in the Canadian human rights movement. Most of the civil
liberties associations born in the thirties and forties were defunct by the late
1950s, and a new coterie of civil liberties groups emerged in the sixties beginning
with the BCCLA. Similar to its predecessor, the VCLU, the BCCLA was a largely
male, WASPish group of well-educated and affluent individuals from Vancouver.
And yet, whereas the VCLU was a short-lived organization that created only a minor
stir, the BCCLA was to have a profound impact in British Columbia. The
BCCLA was born in 1962 amidst a controversy with disturbing parallels to current
public debates about the rights of terrorists. Although the Sons of Freedom was
only a small religious sect that rejected materialism and sought to 'encourage'
their Doukhobour brethren to avoid the trappings of modern society, their activities
labelled them terrorists in the eyes of many British Columbians. Between 1923
and 1962, the Sons of Freedom's encouragement took the form of over 1100 arsons
and bombings, nude parades and burning symbols of materialism. On
24 March 1962, 150 RCMP officers (out of a total of 700 stationed in the province)
raided the town of Krestova (Kootenay region) to arrest 57 members of the Fraternal
Council of the Sons of Freedom and charged them with conspiracy to intimidate
the Parliament of Canada and the Legislature of British Columbia. Outraged by
the charge, which was clearly excessive and in no way reflected the true nature
of the danger posed by the Freedomites, a group of individuals came together at
the University of British Columbia to create an organization to raise funds for
the Freedomites' defence and advocate for human rights in British Columbia. Thus
was born the BCCLA. The
BCCLA's first president was a Vancouver Anglican minister, Philip Hewett, who
was soon replaced by James Foulks, the founding head of the Department of Pharmacology
at the University of British Columbia. The BCCLA has proven to be one of the most
dynamic rights associations in the country. Between 1968 and 1973 the association
fought a string of battles against censorship in Vancouver, including attempts
by the city licensing inspector to shut down various local theatre productions,
and attacks on the Georgia Straight (a popular alternative paper founded in 1967)
for obscenity. It successfully lobbied Vancouver City Council to limit the licensing
inspector's powers and, in several Georgia Straight obscenity cases, provided
legal counsel and experts to testify on the literary merit of the paper's work. 
Gastown
riot, Vancouver 1971
In
1971, when police on horseback caused a riot by storming a crowd of youths in
Gastown who were protesting drug laws, the BCCLA took centre stage in defending
the rights of the protestors against police abuse. Years
later, in 1979, the association succeeded in convincing a provincial Supreme Court
judge to strike down the provincial Heroin Treatment Act, which was designed to
forcibly detain drug addicts and to compel them to seek treatment. The court decision
provided an important moral victory for civil libertarians opposed to the state's
forcing individuals to be treated for addiction. Although the decision was overturned
in the Supreme Court of Canada, the case reflected the rising prominence of the
BCCLA and its ability to mobilize sufficient resources for a court case of national
importance. Among the more notably figures involved in the BCCLA during these
years was Bill Deverall, Normal Levi, Harry Rankin, David Suzuki and Hugh Keenleyside.
A
key figure in the association's early history was Reg Robson, a sociology professor
at the University of British Columbia whose major publications focussed on the
effectiveness of alcohol treatment centres. One of the founders of the association,
Robson sat on the Board of Directors until at least 1982 and served in various
executive positions including executive secretary (1969-1972, 1978), president
(1972-5, 1980-2) and treasurer (1975, 1979). No member was more dedicated than
Robson, who served in these various capacities when no one else was available
and helped to ensure the viability and institutional memory of the association. It
was Robson who would fight with the Canadian Civil Liberties Association over
their differing visions of what a national civil liberties association should
be and pushed for the creation of a national organization independent from the
Canadian Civil Liberties Association (of which the BCCLA has never been affiliated
with, even today). Robson took the lead in doing media interviews on behalf of
the BCCLA during the October Crisis of 1970, he oversaw the creation of new rights
associations across British Columbia, and would be a key player in the association's
most active campaigns, including its reaction to the Gastown riot and challenging
the Heroin Treatment Act. It was thanks to his dedication and perseverance that
the association thrived and became an effective rights advocate provincially and
nationally. Further
reading: Dominique Clément, An Exercise in Futility? Regionalism,
State Funding and Ideology as Obstacles to the Formation of a National Social
Movement Organization in Canada, BC Studies (Summer 2005, No. 146): 63-91. Ross
Lambertson, Repression and Resistance: Canadian Human Rights Activists, 1930-1960,
Toronto: University of Toronto Press, 2004. Canada's
Rights Movement: A History (www.HistoryOfRights.com)
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