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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  • The War Measures Act was completely repealed and replaced by the Emergencies Act in July 1988.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  • Although many of Bill's provisions were superseded by the Canadian Charter of Rights and Freedoms in 1982, the Bill of Rights still remains today.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

Overlapping Topics
Federal Government Affairs
Policy Type
Federal Statute