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Topic: Canadian Bill of Rights


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In the News (Wed 9 Dec 09)

  
  Bill of rights - Wikipedia, the free encyclopedia
A bill of rights is a statement of certain rights which, under a society's laws, citizens and/or residents either have, want to have, or ought to have.
A 'bill of rights' may also be an aspirational statement of the rights that citizens ought to have even though the defining body does not have the ability to enforce the protection of those rights.
Infringement of rights protected by a bill of rights (such as by repeal of statutory protections or by statutory infringement of constitutionally protected rights) may cause civil unrest, civil disobedience or even revolution.
en.wikipedia.org /wiki/Bill_of_Rights   (388 words)

  
 Canadian Bill of Rights - Wikipedia, the free encyclopedia
This article is about the Canadian Bill of Rights, which should not be confused with the Canadian Charter of Rights and Freedoms or the Canadian Human Rights Act.
Second, even if it was entrenched, the Bill predated section 52 of the Constitution Act, 1982 which authorized the courts to strike down laws that conflict with the constitution.
The Charter was an entrenched document; the Bill of Rights is not.
en.wikipedia.org /wiki/Canadian_Bill_of_Rights   (430 words)

  
 Canadian Bill of Rights
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.
One of the bill's weaknesses was that many judges regarded it as a mere interpretative aid.
To the extent that it is not superseded by the 1982 CANADIAN CHARTER OF RIGHTS AND FREEDOMS, the bill remains in effect.
thecanadianencyclopedia.com /PrinterFriendly.cfm?Params=A1ARTA0001264   (191 words)

  
 Monday, June 10, 1996 -- PRIVATE MEMBERS BUSINESS (058)   (Site not responding. Last check: 2007-10-26)
Section 7 of the charter of rights and freedoms provides that everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Section 1(a) of the Canadian Bill of Rights states: ``The right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law''.
Section 1 recognizes the right of the individual to life, liberty, security of the person, the enjoyment of property and the right not to be deprived thereof except by due process of law.
www.parl.gc.ca /english/hansard/058_96-06-10/058PB1E.html   (7387 words)

  
 - Research Note - Canada's Constitution prior to 1982
Prior to the Proclamation of the Canadian Charter of Rights and Freedoms, the law of civil liberties in Canada was not disciplined by a constitutionally entrenched Charter of Rights.
Since the Canadian Bill of Rights is not a constitutional statute in the sense that it renders the conflicting statute void and of no effect, the significance of the statement that the court shall not apply the conflicting statute affects the doctrine of implied repeal.
However, the "quasi-constitutional" status of the Canadian Bill of Rights reverses this rule: where the later specific statute conflicts with the Canadian Bill of Rights, it is the later specific statute which is impliedly repealed; it "shall not be applied".
www.constitutional-law.net /chartersample.html   (2097 words)

  
 Monday, September 30, 1996 -- PRIVATE MEMBERS' BUSINESS (077)   (Site not responding. Last check: 2007-10-26)
Section 1(a) of the bill of rights states: ``The right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof, except by due process of law''.
For Canadians that protection lies only in the common law tradition and in the bill of rights which guarantees ``the right to enjoyment of property and the right not to be deprived thereof except by due process''.
Canadians must be assured that their property is protected from the arbitrary hand of government by the guarantees such as those proposed in Motion M-205.
www.parl.gc.ca /35/2/parlbus/chambus/house/debates/077_96-09-30/077PB1E.html   (8523 words)

  
 Reference.com/Encyclopedia/Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a constitutionally entrenched bill of rights which forms part of the Constitution of Canada adopted in 1982.
The Canadian Bill of Rights, which the Canadian Parliament enacted in 1960 had many of these rights, but it was only applicable to the federal government as, unlike the Charter, it was not part of the Constitution of Canada.
It is because of this similarity with European Human Rights law that the Supreme Court of Canada turns not only to the Constitution of the United States case law but also the European Court of Human Rights cases in interpreting the Charter.
www.reference.com /browse/wiki/Canadian_Charter_of_Rights_and_Freedoms   (1962 words)

  
 Canadian Bill of Rights: Just the facts...   (Site not responding. Last check: 2007-10-26)
The Canadian Bill of Rights is a federal statute enacted in 1960 (not to be confused with the Canadian Human Rights Act (additional info and facts about Canadian Human Rights Act) of 1977).
It was also an important precedent to the 1982 Canadian Charter of Rights and Freedoms (additional info and facts about Canadian Charter of Rights and Freedoms).
The Canadian Bill of Rights applies only to federal jurisdiction and does not apply to provincial legislation, it is said to be a "quasi-constitutional" document: See Winnipeg School Division No.1 v.
www.absoluteastronomy.com /encyclopedia/c/ca/canadian_bill_of_rights.htm   (149 words)

  
 REGINA v. GONZALES
44, which de- clares one of the human rights and fundamental freedoms to be "the right of the individual to equality before the law and the protection of the law".
Since the effect of the Canadian Bill of Rights is not to repeal such legislation, it is the duty of the Courts to apply s.
Further, that the Canadian Bill of Rights is not intended to stand in the way of reasonable measures of this kind and should not be construed so that it does.
library.usask.ca /native/cnlc/vol06/384.html   (2775 words)

  
 Australian Bill of Rights
This meant that individuals could invoke any of the listed rights in court cases, and (since the rights were not defined but simply listed) it would be open to them to argue from whatever conception of the right they thought credible -- they would not be tied to any particular narrow definition of the right.
The concept of a "right" in moral and political contexts seems to have been an invention of the academic lawyers of the European middle ages.
The main alternative to intuitionism is "utilitarianism", according to which (at least in some versions) moral rights are recognised by considering what rules or other arrangements would have the best consequences under the prevailing circumstances for all the people concerned (giving equal weight to their interests).
www.humanities.mq.edu.au /Ockham/bill.html   (818 words)

  
 Canadian Bill of Rights
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 the position of the family in a society of free men and free institutions;
(g) deprive a person of the right to the assistance to 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.
The provisions of this Part shall be known as the Canadian Bill of Rights.
www.efc.ca /pages/law/canada/BillofRights.html   (613 words)

  
 Canadian Charter of Rights and Freedoms at opensource encyclopedia   (Site not responding. Last check: 2007-10-26)
The Canadian Charter of Rights and Freedoms is the bill of rights which forms part of the Constitution of Canada adopted in 1982.
Its precursor, The Canadian Bill of Rights, 1960, passed during the Diefenbaker administration, applied only to Federal institutions and matters under the legislative authority of the Government of Canada.
All Canadians also enjoy fundamental freedom of religion, freedom of thought, freedom of expression and freedom of the press, peaceful assembly, and freedom of association subject to the reasonable limitations clause (see above) and the notwithstanding clause.
wiki.tatet.com /Canadian_Charter_of_Rights_and_Freedoms.html   (1179 words)

  
 Lavell v. Canada (Attorney General)   (Site not responding. Last check: 2007-10-26)
In issue is whether the Bill of Rights is to be construed as rendering inoperative one of the conditions imposed by Parliament for the use and occupation of Crown lands reserved for Indians.
The contention that the Bill of Rights is to be construed as overriding all of the special legislation imposed by Parliament under the Indian Act is, in my view, fully answered by Pigeon J. in his dissenting opinion in the Drybones [[1970] S.C.R. 282] case where he said, at p.
Pre-existing Canadian legislation as well as subsequent Canadian legislation is expressly made subject to the commands of the Canadian Bill of Rights, and those commands, where they are as clear as the one which is relevant here, cannot be diluted by appeals to history.
www.uoguelph.ca /~riddell/Cases/LavellandBedardSCC.HTM   (10112 words)

  
 Canadian Charter of Rights and Freedoms
First, since the Bill of Rights was not part of the constitution, any of the guaranteed rights could be easily changed or ignored.
Secondly, the Bill of Rights states that Canadians have the right to a fair hearing to determine their rights and obligations under the law.
Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c.
www.hri.ca /fortherecordCanada/vol1/guide-part_9.htm   (1722 words)

  
 ipedia.com: Canadian Charter of Rights and Freedoms Article   (Site not responding. Last check: 2007-10-26)
Its precursor, The Canadian Bill of Rights, 1960, introduced by the Di...
Ironically, some would say that the European Convention on Human Rights has now limited British parliamentary power to a greater degree that the Canadian Charter limited the power of the Canadian Parliament and provincial legislatures when it was adopted 1982.
The Canadian Bill of Rights, which the Canadian Parliament enacted in 1960 had many of these rights, but it was only applicable to the federal government and was not part of the Constitution of Canada like the Charter.
www.ipedia.com /canadian_charter_of_rights_and_freedoms.html   (1189 words)

  
 My Home Page
In 1960, the Canadian Bill of Rights was founded as an act for the recognition and protection of human rights and fundamental freedoms.
The preamble of the Bill of Rights affirmed that the nation was founded on the fundamental premise of the dignity and worth of the human person in a free and democratic society.
The Civil Rights Movement was founded upon opposition to unjust, oppressive and unconstitutional laws which denied African-Americans the fundamental right of dignity within their own country.
www.angelfire.com /id/multicultural/charter.html   (512 words)

  
 REGINA v. DRYBONES
Justice Davey's reasoning were correct and the Bill of Rights were to be construed as meaning that all laws of Canada which clearly offend the Bill were to operate notwith- standing its provisions, then the words which I have italicized in s.
The right which is here at issue is "the right of the indi- vidual to equality before the law and the protection of the law".
2 of the Bill enacts a canon of construction or casts upon the Courts the task of removing therefrom, whenever the question is raised, every provision that may be considered as being in conflict with the enumer- ated rights and freedoms.
library.usask.ca /native/cnlc/vol06/273.html   (6801 words)

  
 The Canadian Bill of Rights - Dief the Chief - CBC Archives
The Canadian Bill of Rights - Dief the Chief - CBC Archives
A decade before fulfilling his lifelong dream to enshrine in law a Canadian Bill of Rights, John Diefenbaker, the lawyer and Saskatchewan MP, tells a public forum why such a law is needed.
Diefenbaker acknowledged over the years that the bill's practical effect was limited but said the provinces weren't prepared to agree to constitutional change to make the bill more robust.
archives.cbc.ca /IDC-1-73-1599-10977/politics_economy/john_diefenbaker/clip5   (583 words)

  
 Canadian charter of rights and freedoms
Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.
Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada.
lois.justice.gc.ca /fr/charte/const_en.html   (2190 words)

  
 [No title]
Many called for a bill of rights to be added to the British North America Act, 1867, but all attempts to agree on amending the Act end in failure.
Although the purpose of Canadian Bill of Rights is noble, its effectiveness proved to be limited.
Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts [The Canadian Bill of Rights].
www.chrc-ccdp.ca /en/timePortals/milestones/84mile.asp   (415 words)

  
 Canadian Bill of Rights and Separatism
This is an excerpt from the Canadian Bill of Rights
Freedom of religion was never meant to be a blanket protection against being tried for human rights offences...and yes religion does affect me when the clergy is meddling in affairs of the government.
TAKE NOTE: Notwithstanding the rights of a poster on this discussion board to enjoy their religious freedoms, discrimination against homosexuals or any other minority will not be tolerated and will be subject to punitive measures as decided by the moderators and/or administration of this site.
www.canadiancontent.net /forums/about5890.html   (1814 words)

  
 WHITFIELD v. CANADIAN MARCONI COMPANY-->
A clause in a contract of employment placing Indian and Eskimo villages out of bounds to the employee and prohibiting his fraternization or association with the native population except in special circumstances is not an infringement of the employee's "right to liberty" within the meaning of s.
In order to obtain unusual and re- munerative employment at a particular place Whitfield entered into a contract whereby he agreed, under pain of dismissal, that as a general rule the villages adjoining the radar base were to be considered out of bounds and that he would not fraternize or associate with the native population.
In view of my conclusion that the clause complained of is not contrary to the Canadian Bill of Rights I do not propose to discuss whether the Canadian Bill of Rights applies either directly or indirectly to the contract of employment passed in the Province of Quebec between Whitfield and Canadian Marconi Co.
library.usask.ca /native/cnlc/vol06/729.html   (1265 words)

  
 The Bill of Rights (from United States Constitution) --  Britannica Student Encyclopedia
It incorporated the provisions of the Declaration of Rights, acceptance of which had been the condition upon which the throne, held to have been vacated by James II, was offered to the prince and princess of...
Prior to the Constitution Act of 1982, the Canadian Constitution did not contain a statement of rights comparable to the Bill of Rights in the United States Constitution.
Human rights were spelled out in the Canadian Bill of Rights of 1960.
www.britannica.com /ebi/article-209604?ct=   (1010 words)

  
 What the Federal Liberals think of your rights!   (Site not responding. Last check: 2007-10-26)
Paragraph 1(a) of the Canadian Bill of Rights, which protects property rights through a "due process" clause was not replicated in the Charter and the right to "enjoyment of property" is not a constitutionally protected, fundamental part of Canadian society.
Furthermore, in contrast to the Charter of Rights and Freedoms, the due process provision of paragraph 1(a) of the Canadian Bill of Rights is procedural as opposed to substantive: R.
International treaties and conventions are not part of Canadian law unless they have been implemented by statute.
home.cogeco.ca /~akimoya/rfc/rights.html   (554 words)

  
 Canadian Bill of Rights and Separatism   (Site not responding. Last check: 2007-10-26)
Jun 28th, 2005 10:59 pm :: RE: Canadian Bill of Rights and Separatism
You seem to not recognise the fact that Quebec is a have not province.
It came not just before Dief's bill of rights, but before the UN bill of rights.
www.canadiancontent.net /forums/about5890-15.html   (665 words)

  
 Canadian Property Rights Bill
Contact your MP, by e-mail, or fax or phone to tell him or her that YOU want your right to OWN Use and Enjoy your personal private property protected in law...
NOTE: Garry Breitkreuz's Property Rights motion M-426 was selected in the Private Members' Business draw and will be debated for at least one hour in the House of Commons.
Everyone has the right to own property alone as well as in association with others.
www.geocities.com /liberalgunfarce/property.html   (193 words)

  
 Canadian Bill of Rights, of 1985, (entry into force: 12.12.88) - Equal Employment Opportunities
Canadian Bill of Rights, of 1985, (entry into force: 12.12.88) - Equal Employment Opportunities
Section 1 of this Bill of Rights defines a number of rights and freedoms that are to be recognized without discrimination by reason of race, national origin, colour, religion or sex.
Among these rights, we can mention the right of the individual to equality before the law and the protection of the law (s.
www.ilo.org /public/english/employment/gems/eeo/law/canada/bor.htm   (85 words)

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