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Remember before 1982 we didnt have charter of rights or freedoms.

2006-11-12 12:13:41 · 1 answers · asked by nash_arsenal 1 in Politics & Government Law & Ethics

1 answers

http://en.wikipedia.org/wiki/Canadian_Charter_of_Rights_and_Freedoms

http://en.wikipedia.org/wiki/Canadian_Bill_of_Rights

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. It provides Canadians with certain quasi-constitutional[1] rights in relation to other federal statutes. It was the earliest express human rights law at the federal level in Canada, though an Implied Bill of Rights had already been recognized[1]. 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 Canadian Bill of Rights protects numerous rights, most of which were later included in the Charter. Examples include:

Freedom of speech and freedom of religion (now in Section 2 of the Charter)
Limited equality rights (more complete rights are contained in Section 15 of the Charter)
The right to life, liberty and security of the person, and in another section, rights to fundamental justice (the Charter combines those rights in Section 7)
The right to enjoyment of property, which is not enshrined in the Charter
The right to counsel (now in Section 10 of the Charter).
Section 2 of the Bill of Rights begins as follows:

2 Every law of Canada shall, unless it is expressly declared by an Act of the 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 herein recognized and declared...
The notwithstanding wording of Section 2 is a precursor to the notwithstanding clause of the Charter.

While the Bill of Rights is only considered quasi-constitutional because of its nature as a statute (as opposed to superstatute), it contains a unique provision that is often forgotten by many who dismiss the importance of the document. This section reads as follows:

http://en.wikipedia.org/wiki/Canadian_Bill_of_Rights

http://en.wikipedia.org/wiki/Constitution_Act%2C_1867

2006-11-12 13:17:40 · answer #1 · answered by Psyengine 7 · 0 0

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