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Topic: The Canadian Bill of Rights, 1960

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Section One of the Canadian Charter of Rights and Freedoms

Section Seven of the Canadian Charter of Rights and Freedoms

Section Two of the Canadian Charter of Rights and Freedoms

Canadian Charter of Rights and Freedoms

Bill of Rights

English Bill of Rights

Freedom of expression

Pierre Trudeau

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List of Canadian Prime Ministers

1950

	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.
		As such there is democratic protection of the bill of rights as the constitution containing the bill of rights cannot be changed unless it is with the approval of the voting public in that country.
		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 (617 words)

	Canadian Bill of Rights - Wikipedia, the free encyclopedia
		The Canadian Bill of Rights is a federal statute and bill of rights enacted by Prime Minister John Diefenbaker's government on August 10, 1960.
		The Canadian Bill of Rights remains in effect, but its widely acknowledged ineffectiveness was the main reason that the Canadian Charter of Rights and Freedoms was adopted in 1982.
		The ineffectiveness of the Bill of Rights was the main reason that it was thought necessary to adopt a Canadian Charter of Rights entrenched in the constitution.
	en.wikipedia.org /wiki/Canadian_Bill_of_Rights (685 words)

	Canadian Charter of Rights and Freedoms
		The Canadian Charter of Rights and Freedoms is the bill of rights which forms part of the Constitution of Canada adopted in 1982.
		Although the Charter was criticized by some in the Canadian Parliament for being too much like the United States Bill of Rights, its emphasis is focused on collective rights (unlike the US Bill of Rights which values individual rights).
		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 considered part of the Constitution of Canada like the Charter.
	www.guajara.com /wiki/en/wikipedia/c/ca/canadian_charter_of_rights_and_freedoms.html (1140 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.
	www.thecanadianencyclopedia.com /index.cfm?PgNm=TCE&Params=A1ARTA0001264 (189 words)

	Welcome to The American Presidency
		Bill of Rights, a formal constitutional declaration or legislative assertion by which a government both defines fundamental rights and liberties of its citizens and establishes their protection against arbitrary or capricious interference or infringement by the government.
		The Bill of Rights was the product of the Glorious Revolution of 1688, whereby the absolutist James II was deposed and replaced with William and Mary; it represents the triumph of Parliament over the crown in the long contest for supremacy that had marked English history.
		Thus, the clause in the English Bill of Rights prohibiting excessive bail and cruel and unusual punishments was taken over, virtually word for word, in the Virginia Bill of Rights of 1776 and ultimately became the 8th Amendment to the Constitution of the United States.
	ap.grolier.com /article?assetid=0047310-00&templatename=/article/article.html (1952 words)

	Welcome to The American Presidency
		The 6th Amendment protects criminal defendants; it guarantees the accused a speedy public trial by jury and the rights to be informed of the accusation, to be confronted with the witnesses against the accused, to use compulsory process to secure witnesses, and to have the assistance of counsel.
		The English Bill of Rights of 1689 bore the technical title "Act declaring the rights and liberties of the subject and settling the succession of the crown." It was the culmination of the so-called Glorious Revolution of 1688, which forced James II to vacate the throne.
		It recognizes the right of the individual not to be deprived of life, liberty, security of the person, and property except by due process of law; freedom of religion, of speech, and of the press and other media of communication; and freedom of peaceful assembly and association.
	ap.grolier.com /article?assetid=0033330-0&templatename=/article/article.html (2236 words)

	Lavell Case (Site not responding. Last check: 2007-10-03)
		In its controversial decision the court held that the concept of equality means equality in the administration or application of the law.
		Parliament could not exercise its jurisdiction over the Indians without passing legislation listing the characteristics required for a person to have the right to Indian status; according to the court, the Act could be enforced reasonably without infringing upon the rights of Indian women to equality before the law.
		In Lovelace v Canada case the UN Human Rights Committee ruled that the status provision was contrary to the International Covenant on Civil and Political Rights.
	www.thecanadianencyclopedia.com /PrinterFriendly.cfm?ArticleId=A0004563 (168 words)

	The Whitlam Institute: Its Time: Issue 25: Bill of Rights - a survey of opinion (Site not responding. Last check: 2007-10-03)
		As common law rights are rights which have been developed by the courts, rather than by the legislature, their ongoing development is only restricted by judicial imagination and the evolution of legal theory.
		Under this Bill of Rights, the Judiciary should be responsible for the interpretation of rights, which is consistent with the approaches taken in all four models mentioned above, although the British and New Zealand legislation assigns the final word on rights to parliament and the Canadian Charter contemplates legislative override of its provisions.
		A bill of rights would make the law regarding human rights in Australia more accessible and could be the foundation for a more socially aware and actively engaged citizenry, raising the profile of human rights on the political, legal and social radar.
	www.whitlam.org /its_time/25/bill.html (13560 words)

	Responsible Government League: Canadians deserve Property Rights.
		Former Canadian Prime Minister John George Diefenbaker established the Canadian Bill of Rights in 1960, it became a template for some of the rights that ended up in the Charter.
		They also leave out the fact that the right to own property was insisted upon by the New Free post-apartheid Government of South Africa, especially by the people who had been the subject to the previous government's opressive nature.
		My only fear about property rights is the inability for the collective will of society to determine that ownership or the sale or possession of certain things in a society is deemed to be undesirable to the community as a whole.
	responsiblegovernmentleague.blogspot.com /2006/01/canadians-deserve-property-rights.html (2851 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)

	International Association of Prosecutors
		Again, almost universally accepted is the right to be presumed to be not guilty of the charges, and the accused=s right not to be compelled to be a witness against him or herself at trial.
		Under almost all relevant human rights instruments these areas are protected by the rule that a suspect may not be required to testify against himself as a result of state action, and the rule that protects against unreasonable intrusion by the state into the privacy zone asserted by the suspect and protected by law.
		As these rights are in instruments which at least if enacted in domestic legislation bind the prosecutor (as an agent of the state despite the independence of that position) it is as much a task of the prosecutor as it is of counsel for the accused to ensure legality.
	www.iap.nl.com /speeches/2000_l.html (4395 words)

	Lavell v. Canada (Attorney General) (Site not responding. Last check: 2007-10-03)
		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)

	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 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 (587 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 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.
		The provisions of this Part shall be known as the Canadian Bill of Rights.
	laws.justice.gc.ca /en/c-12.3/text.html (610 words)

	Canadian Bill of Rights (Site not responding. Last check: 2007-10-03)
		It is not the function of the court under the Bill of Rights to prevent the operation of a federal enactment designed for this purpose on the grounds that it applies only to one class of persons or to a particular area.
		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.
		- The right of the applicants to a fair hearing in accordance with section 2(e) of the Canadian Bill of Rights was not infringed by the statutory procedures followed by the respondents in deciding to transfer the applicant Bruce from British Columbia to Ontario.
	www.canadianprisonlaw.com /misc/billofrights.htm (4158 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)

	REGINA v. DRYBONES
		The portions of the Canadian Bill of Rights, relevant to this appeal, are:
		It has been the policy of the Canadian Government in the past and is, no doubt, its continuing policy, to treat Indians in many respects differently from other races in Canada.
		It is to be remembered that when considering whether legis- lation is affected by the Bill of Rights, it is not the purpose of such legislation, no matter how beneficial or necessary it may be thought to be, but its effect which must govern.
	library.usask.ca /native/cnlc/vol06/268.html (1716 words)

	SUPERIOR COURT OF JUSTICE
		That the Canada Constitution Act of 1982 and the Canadian Bill of Rights of 1960- are relied upon by the Appellant in advancing arguments on genocide and ultra vires grounds.
		In fact, these sections offend both the Canadian Bill of Rights and Charter of Rights and Freedoms, amounting to the imposition or authorizing the imposition of cruel and unusual treatment or punishment; they are therefore null and void and of no effect.
		Despite the federal parliament’s constitutional difficulties, the Canadian Bill of Rights and Charter Rights and Freedoms are applicable to the Appellant, as they are pronunciation of rights and freedoms, emanating from the Magna Carta, designated to protect an individual against the arbitrariness of royalty or legislatures.
	www.cyberclass.net /meddappealbook.htm (663 words)

	Bill Of Rights
		The term is also applied to the English Bill of Rights of 1689 and the Canadian Bill of Rights of 1960, and to similar guarantees in the constitutions of the American states.
		Seven of the thirteen states adopted constitutions that included specific bills of rights; the other states included specific guarantees of individual rights in various provisions contained throughout their constitutional texts.
		protects criminal defendants; it guarantees the accused a speedy public trial by jury and the rights to be informed of the accusation, to be confronted with the witnesses against the accused, to use compulsory process to secure witnesses, and to have the assistance of counsel.
	www.americanrevwar.homestead.com /files/BILLOFRI.HTM (1291 words)

	The Canadian Right to Keep and Bear Arms (Site not responding. Last check: 2007-10-03)
		The fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defense, suitable to their condition and degree, and such as are allowed by law.
		[English Bill of Rights] and is indeed a public allowance, under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.
		Thus, States that uphold and defend the rights of the individual fosters the condition known as "freedom", while States that deny and suppress the rights of the individual fosters the condition known as "tyranny".
	home.cogeco.ca /~akimoya/rfc/rkba.html (2545 words)

	Indian Act Revision is Based on Historical Facts (Site not responding. Last check: 2007-10-03)
		Canadian Bill of Rights 1960 - bill to protect the values of minority group rights.
		Canadian Indians have never sought the protection of the Bill of Rights.
		We, as Indians, have the obligation and responsibility to maintain the rights promised and guaranteed by the Treaties.
	collections.ic.gc.ca /SaskIndian/a76jul13.htm (810 words)

	Law Abstracts Tremblay
		Section 7 of this new document provides that "everyone has the right to life, liberty and security of person and the right not to be deprived thereof except in accordance with the principles of fundamental justice".
		The Canadian Bill of Rights (1960), and the British and American constitutions, safeguarded those fundamental rights through the phrase "due process of law" instead of "principles of fundamental justice".
		I conclude that the British and the Canadian courts have been reluctant to adopt "substantive due process" because of the doctrine of supremacy of Parliament.
	www.library.ubc.ca /law/abstracts/tremblayl.html (451 words)

	"Ban the Cannons" Bill of Rights
		In Canada, property rights are based on hundreds of years of common law.
		(a) the right of the individual to life, liberty, security of the person and enjoyment of property, and (b) the right not to be deprived thereof except by due process of law.
		It is obvious that Right to Farm Legislation introduced in British Columbia in 1996 took away two of our basic rights and freedoms, ie.
	www.banthecannons.com /rights.html (266 words)

	Social Work in Canada, An Introduction, by Steven Hick
		It is based on the recognition of individual political and civil rights and collective cultural, social and economic rights.
		National human rights legislation in Canada began with the passage of the Canadian Bill of Rights in 1960.
		Human rights legislation - National human rights legislation in Canada began with the passage of the Canadian Bill of Rights in 1960.
	www.socialpolicy.ca /swc/book_h.htm (594 words)

	Forensic Glossary - C
		"protects human rights particularly in the areas of employment, the provision of accommodation and commercial premises.
		Unlike the Canadian Bill of Rights the CHRA applies not only to the federal government but also to the private sector"(Department of Justice Canada, 1993, p.
		United Nations Commission on Human Rights Thematic Report defined child prostitution as "the act of engaging or offering the services of a child to perform sexual acts for money or other consideration with that person or any other person".
	www.forensiceducation.com /sourcebooks/glossary/c.htm (4280 words)

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