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The Evolution of Rights in Canada: From the Bill of Rights to the Charter of Rights and Freedoms

This overview examines the evolution of individual rights in Canada, highlighting key milestones like the Canadian Bill of Rights introduced by Prime Minister Diefenbaker and later, the Canadian Charter of Rights and Freedoms established under Prime Minister Pierre Trudeau. It discusses the fundamental rights guaranteed, including life, liberty, freedom of speech, and the right to legal counsel. Also addressed are the challenges of both legal frameworks, including the limitations of the Bill of Rights and the contentious 'notwithstanding clause' in the Charter, which allows provincial override of certain rights, illustrated through cases like Quebec's Bill 101.

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The Evolution of Rights in Canada: From the Bill of Rights to the Charter of Rights and Freedoms

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  1. EVOLUTION OF RIGHTS IN CANADA

  2. 1960 Canadian Bill of Rights • Prime Minister Diefenbaker • rights of individuals to life, liberty, personal security and enjoyment of property • freedom of religion, speech, assembly and association • freedom of the press • the right to counsel and the right to a fair hearing

  3. Problems with the Bill of Rights: • Federal Statute = provinces could create their own that might be different. 2) Statute = law that is not higher than other laws, so if a conflict with another law occurred then judges had to decide which law to enforce 3) Statute = M.P.’s could change or even eliminate the law if majority voted to do so

  4. Solution: 1981/2Canadian Charter of Rights & Freedoms • Prime Minister Pierre Elliot Trudeau • Entrenches these rights into highest form of law-constitution (highest law, supersedes other statutes)

  5. Problems with Charter: • Provinces didn’t like giving federal gov’t so much control so they demanded an ‘escape clause’ 2) Section 33 -- “notwithstanding clause,” (allows provinces to bypass or ‘override’ certain sections of the charter S.2 and S. 7-14) • Trudeau hoped that this wouldn’t be used very often and provinces that did try to do so would end up with a lot of negative publicity so not worthwhile

  6. EXAMPLES: • Quebec Bill 101: Signs can only be in French. • Supreme Court claims this against freedom of expression. • Quebec uses “notwithstanding clause” to make new Bill 178 that allows the French only to continue (eventually French 2x larger than English).

  7. Lets take a look at another example: • CASE DISCUSSION: P. 82Alberta Gov’t & Eugenics.

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