Canadian Bill of Rights

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Canadian Bill of Rights, Prime Minister John DIEFENBAKER's pathbreaking 1960 HUMAN RIGHTS charter, applied only to federal law because the requisite provincial consent was not obtained. It recognizes the rights of individuals to life, liberty, personal security and enjoyment (not "possession," which is provincial) of property. Deprivation of these is forbidden "except by due process of law." It protects rights to equality before the law and ensures protection of the law; protects the freedoms of religion, speech, assembly and association, and the press; and legal rights such as the rights to counsel and "fair hearing."

Laws are to be construed and applied so as not to detract from these rights and freedoms. One of the bill's weaknesses was that many judges regarded it as a mere interpretative aid. Section 2 provides that Parliament can override the mentioned rights by inserting a "notwithstanding" clause in the applicable statute; this has been done only once, during the 1970 OCTOBER CRISIS. To the extent that it is not superseded by the 1982 CANADIAN CHARTER OF RIGHTS AND FREEDOMS, the bill remains in effect.

See also DRYBONES CASE; LAVELL CASE.

Diefenbaker's Bill of Rights
Diefenbaker's Bill of Rights
Prime Minister Diefenbaker displaying the Bill of Rights of 1958 (D. Cameron/National Archives of Canada/PA-112659).

Author W.H. MCCONNELL


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Historica-Dominion Institute
The website for the Historica-Dominion Institute, parent organization of The Canadian Encyclopedia and the Encyclopedia of Music in Canada. Check out their extensive online feature about the War of 1812, the "Heritage Minutes" video collection, and many other interactive resources concerning Canadian history, culture, and heritage.

Canadian Charter of Rights and Freedoms
A detailed guide to Canada's Charter of Rights and Freedoms and related issues. From the Department of Canadian Heritage.

Peace Magazine
A quarterly Canadian magazine devoted to peacemaking, disarmament, conflict resolution, global stability, and related concerns. Offers online articles and letters from current and previous editions (from January 1983 to present). Also, the first Canadian magazine to be produced with desktop publishing software. From the Canadian Disarmament Information Service.

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