Padlock Act
The Padlock Act, officially known as the Act Respecting Communistic Propaganda, was enacted in Québec, Canada, on March 24, 1937, during a time of economic turmoil marked by the Great Depression. This statute aimed to suppress communist propaganda, reflecting the concerns of the provincial government led by Maurice Duplessis. It criminalized the usage of any property for the promotion of "communism or bolshevism," terms that were not clearly defined. The law granted the attorney general the authority to shut down buildings for a year if they were found to be propagating these ideologies, as well as to confiscate and destroy related printed material. Violators faced imprisonment for up to a year for distributing such propaganda. The Padlock Act faced substantial criticism from trade unions and liberal media, but the federal government hesitated to intervene due to fears of empowering Duplessis further. Ultimately, the law's application varied, and it was notably used to close the communist newspaper Combat in 1947. However, in 1957, the Supreme Court of Canada declared the act unconstitutional, citing its infringement on federal criminal law.
Padlock Act
Enacted: March 24, 1937
Place: Québec, Canada
Significance: A measure designed to suppress communist propaganda, this statute contradicted the Canadian tradition of freedom of political speech
Efforts begun by Canada’s federal government to suppress communist activities during the Great Depression were joined in Québec by the provincial government of Maurice Duplessis. The so-called Padlock Act that his government passed in 1937 made it illegal for any person owning or occupying a house to use it, or to allow it to be used, to propagate “communism or bolshevism.” The latter terms remained undefined, but Québec’s attorney general was empowered to close for one year any building used to make such propaganda. The act also empowered the attorney general to confiscate and destroy any printed matter propagating communism or bolshevism. Persons convicted of distributing such material could be imprisoned for up to one year.
Pressure brought upon the federal government by trade unions and the liberal press to use its constitutional power to overturn the statute brought no results because the federal government was fearful of strengthening Duplessis’ position in Québec. The law was subsequently variously applied, notably in closing down the communist newspaper Combat in 1947. In 1957, however, the Supreme Court of Canada declared the law unconstitutional on the grounds that it invaded the federal field of criminal law.