Canadian Bill of Rights
- The Bill of Rights was the first federal law protecting human rights and fundamental freedoms and was enacted under Prime Minister John Diefenbaker's government in 1960.
- The Bill of Rights protects freedom of religion, speech, the press, and of assembly and association and guarantees legal rights including equality before the law and protection of the law.
- The Bill of Rights also amended the War Measures Act, however, Section 2 of the Bill stated that Parliament could override the rights afforded by the bill by inserting a 'notwithstanding' clause in the applicable statute passed by Parliament (such as the War Measures Act).
- This exception was only used once, by former Prime Minister Pierre Elliott Trudeau during the 1970 October Crisis.
- The War Measures Act was completely repealed and replaced by the Emergencies Act in July 1988.
- While the Bill of Rights was revolutionary at the time, it was less effective because it only applied to the federal statutes.
- However, it was the first Canadian statute to explicitly prohibit sex discrimination (alongside race, religion, and national origin), even though the statute was largely ineffective in practice.
- Although many of Bill's provisions were superseded by the Canadian Charter of Rights and Freedoms in 1982, the Bill of Rights still remains today.
- The Bill is remembered today as a national symbol of Canadian history dedicated to protecting civil liberties.
- The Bill was utilized several times in court cases between 1960-1982, however, only one case was successful in changing federal law (R v. Drybones 1970).
Citation
Canadian Bill of Rights, Statutes of Canada 1960, c. 44. https://laws-lois.justice.gc.ca/eng/acts/c-12.3/page-1.html
Further Readings
For more information and background on the Bill of Rights: https://www.constitutionalstudies.ca/2019/07/bill-of-rights/?print=print & https://rdo-olr.org/wp-content/uploads/2018/01/olr_9.1_Driedger.pdf
For the PDF Version of the Canadian Bill of Rights: https://www.canada.ca/content/dam/pch/documents/services/download-order-charter-bill/canadian-bill-rights-eng.pdf
For more information on the Bill of Rights and John Diefenbaker's Role in shaping this legislation: https://diefenbaker.usask.ca/exhibits/online-exhibits-content/the-canadian-bill-of-rights.php#IamaCanadianafreeCanadian
Overlapping Topics
Federal Government Affairs
Policy Sub-Topic
Policy Type
Federal Statute