An Exceptional Law: Section 98 and the Emergency State, 1919-1936
Dennis G. Molinaro
During periods of intense conflict, either at home or abroad, governments enact emergency powers in order to exercise greater control over the society that they govern. The expectation though is that once the conflict is over, these emergency powers will be lifted.
An Exceptional Law showcases how the emergency law used to repress labour activism during the First World War became normalized with the creation of Section 98 of the Criminal Code, following the Winnipeg General Strike. Dennis G. Molinaro argues that the institutionalization of emergency law became intricately tied to constructing a national identity. Following a mass deportation campaign in the 1930s, Section 98 was repealed in 1936 and contributed to the formation of Canada’s first civil rights movement. Portions of it were used during the October Crisis and recently in the Anti-Terrorism Act of 2015. Building on the theoretical framework of Agamben, Molinaro advances our understanding of security as ideology and reveals the intricate and codependent relationship between state-formation, the construction of liberal society, and exclusionary practices.
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About Dennis G. Molinaro
Reviews for An Exceptional Law: Section 98 and the Emergency State, 1919-1936
Craig Forcese
#Sundayscholar Pick, Twitter, Posted May 21, 2017
‘A meticulously researched and well-written historical piece…. For those interested in political rights and the extent the public allows governments to determine what is and is not acceptable in the political sphere, An Exceptional Law is an excellent read.’
Michael Marschal
Saskatchewan Law Review vol 81: 2018
"Dennis Molinaro has rooted his account of Section 98 [of Canada’s Criminal Code] in the story of the liberal state’s penchant to betray liberty…His book is also an intervention in the current debate about emergency legislation in Canada."
Tom Mitchell
Labour/Le Travail Vol 81:2018
"Until now, the notorious law [Section 98 of the Criminal code], which allowed for, among other things, guilt by association, has lacked a proper study. Fortunately, a valuable examination of the legislation, the background to its creation, its impact, and its continuation at least in part even after the law’s repeal has been provided in this fascinating and well-researched account."
Steve Hewitt, University of Birmingham
The Canadian Historical Review vol. 99 no. 3, 2018
"Molinaro has produced what will become the standard analysis of one of the most infamous pieces of legislation in Canadian history."
R. Blake Brown, Saint Mary's University
American Historical Review, April 2019