The Canadian Bill of Rights
An Act for the Recognition and Protection of Human Rights and Fundamental Freedoms. Statutes of Canada 1960, 8-9 Elizabeth 11, Chapter 4-4, assented to 10th August 1960.
The Parliament of Canada, affirming that the Canadian Nation is founded upon principles that acknowledge the supremacy of God, the dignity and worth of the human person and position of the family in a society of free men and free institutions.
Affirming also that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of Law; And being desirous of enshrining these principles and the human rights and fundamental freedoms derived from them in a Bill of Rughts which shall reflect the respect of Parliament for its constitutional authority and which shall ensure the protection of these rights and freedoms in Canada:
THEREFORE Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
PART I Bill of Rights
1. It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discriminination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely,
(a) the right of the individual to life, Liberty, security of the personand enjoyment of property, and the right not to be deprived thereof except by due process of law;
(b) the right of the individual to equality before the law and the protection of the law;
© freedom of religion;
(d) freedom of speech;
(e) freedom of assembly and association; and
(f) freedom of the press
2. Every Law of Canada shall, unless it is expressly declared by an Act of Parliament of Canada that it shall operate notwithstanding the Canadian Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgment or infringement of any of the rights or freedoms therein recognized and declared, in particular, no law of Canada shall be construed or applied so as to
(a) authorize or effect the arbitrary detention, imprisonment or exile of any person;
(b) impose or authorize the imposition of cruel and unusual treatment or punishment;
© deprive a person who has been arrested or detained
(i) of the right to be informed promptly of the reason for his arrest or detention,
(ii) of the right to retain and instruct counsel without delay, or
(iii) of the remedy by way of habeas corpus for the determination of the validity of his detention of his detention and for his release if the detention is not lawful;
(d) authorize a court, tribunal, commission, board or other authority to compel a person to give evidence if he is denied counsel, protection against self crimination or other constitutional safeguards;
(e) deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations;
(f) deprive a person charged with a criminal offence of the right to be presumed innocent until proved guilty according to Law in a fair - public hearing by an independent and impartial tribunal or of the right to reasonable bail without just cause; or
(g) deprive a person of the right to the assistance of an interpreter in any proceedings in which he is involved or in which he is a party or a witness before a court commission, board or other tribunal, if he does not understand or speak the Language in which such proceedings are conducted.
3. The Minister of Justice shall, in accordance with such regulations as may be prescribed by the Governor in Council, examine every proposed regulation submitted in draft form to the Clerk of the Privy Council pursuant to the Regulations Act and every Bill introduced in or presented to the House of Commons, in order to ascertain whether any of the provisions thereof are inconsistent with the purposes and provisions of this Part and he shall report any such inconsistency to the House of Commons at the first convenient opportunity.
4. The provisons of this Part shall be known as the Canadian Bill of Rights.
“I am a Canadian, a free Canadian, free to speak without fear, free to worship God in my own way, free to stand for what I think right, free to oppose what I believe wrong, free to choose those who shall govern my country.
This heritage of freedom I pledge to uphold for myself and all mankind.”
Signed by The Right Honourable John G. Diefenbaker Prime Minister of Canada
House of Commons Debates, July 1, 1960
Canadian Prime Minister John Diefenbaker, leader of the Conservative Party of Canada, considered the creation and implementation of the Canadian Bill of Rights to be his greatest achievement.
Canadian Conservatives Used To Think ALL Canadians deserved to be protected by these civil rights.
What happened?
In 2010, the Supreme Court of Canada ruled that The Canadian Governments of Prime Minister Jean Chrétien, Paul Martin and Stephen Harper were complicit