The Canadian Bill of Rights

Supplementary and Consolidated Suggestions Concerning the Proposed Bill of Rights

QUEBEC, August 12th. 1958.

To the Prime Minister of Canada
To the Members of His Cabinet
To the Deputies.

SUPPLEMENTARY AND CONSOLIDATED SUGGESTIONS CONCERNING THE PROPOSED BILL OF RIGHTS.

I - BASIC PRINCIPLES OF A BILL OF RIGHTS.

  1. Civil Rights should be recognized to an individual irrelevant of race, religion or class.
  2. Natural law is the foundation of Civil Rights.
  3. Citizens, in a Democracy should not ask for favors from the State but should demand their Civil Rights or prerogatives.
  4. Life, Liberty and Property are inherent to Civil Rights.
  5. Civil Rights should be given to a citizen irrelevantly of the Province in which he lives; residence being a pure accident of birth or life.
  6. Impartiality and integrity in the administration of Justice is more important than Science, Knowledge, Learning or Competence.
  7. A judge should not hear and adjudge in a litigation of any kind whatsoever in which he is a party directly or indirectly and that in the broader sense.
  8. Basis and Conditions for the admission of a Case concerning Civil Rights to be heard should be fixed by rulings of that Court or determined by law.
  9. Notes pursuing a judgment should be made public or obtainable by the parties.
  10. One should not ask to a lower Court t o proceed to a higher one.

II - CONSTITUTION AND ADMINISTRATION OF THE BODY CREATED TO ADMINISTER AND GUARANTEE THE PREROGATIVES FOLLOWING THE CIVIL RIGHTS CHARTER,

  1. A Court which might be designated as the Court of Civil Rights should be composed of members extracted from various learned professions or occupation.
  2. The Court should contain a paragraph establishing an organization to receive communications from Citizens making suggestions about Civil Rights of Canadian Citizens.
  3. That Court should be competent t o receive written or oral testimonies or opinions referring to Canadian Civil Rights.
  4. That Court should study and collect information concerning legal developments constituting a denial of equal protection of the law granted by the Charter.
  5. Other branches of Government should cooperate with the Court so established in order that it may carry out fully and effectively its functions and duties.
  6. The established Court should have authority to deal with evident conflict of Justice or law when:
    1. it has been definitely proven that the Civil Rights of a citizen has been impaired;
    2. The Court should have the authority t o establish standards of violation of Civil Rights of an individual;
    3. The Court should have legal authority t o quash judgments rendered by any other Court in which violation of Civil Rights or injustice has been suffered by a citizen and grant due compensation.
    4. In order that Civil Rights be effective the Court should have the duty t o study outright the complaints or the litigation of a citizen falling under its jurisdiction, avoiding delay encountered
      in any other jurisdiction.
    5. The judgment of the Civil Rights Court should be final or reviewable only by the Cabinet Ministers.

III - The following documents are offered for consideration which might be of help in the establishment of that Court:

a) "CIVIL RIGHTS ACT OF 1957"
The Government of the United States of America approved a Charter designated as "Public law 85-315 85th Congress H.R.6127" on September 9th. 1957. I extract from that document the following
dispositions :

Section l04 (a) The Commission shall - (2) study and collect information concerning legal developments constituting a denial of equal protection of the laws under the Constitution.

Section 105 (c) The Commission may constitute such advisory committees within states composed of citizens of that state and may consult with governors, attorneys general and other representatives of state and local governments and private organizations as it deems advisable.

Section 105 (e) All  Federal agencies should cooperate fully with the Commission to the end that it may effectively carry out its functions and duties.

b) THE CONSTITUTIOT\T OF THE UNITED STATES.

Article V of the amendments of the Constitution reads  in part as follows:

"nor shall  be compelled in any criminal case to
“be a witness against himself nor be deprived of
“life, liberty or property, without due process
“of law. . . . .”

Article X1V: Citizenship not t o be abridged.

“…no state shall make or enforce any law which
''shall abridge the priviledges or immunities of
“Citizens of the United States; nor shall any
“state deprive any person of life, liberty or pro-
"perty without due process of law nor deny to any
"person within its jurisdiction the equal protection of the laws.

c ) THE BRITISH NORTH AMERICA ACT.

Our Constitution does not define or contain any provisions
referring to Civil Rights. Nothing specific about Civil Rights is
contained in that document.

d) The following stipulations of the Civil Right Charter
adopted by the United Nations are worthy of remarks:

Article 7 "All are equal before law and have a right
"without' any distinction to the protection of the law.
"Everybody has the right to an equal protection against
"any discrimination that should violate the present
"declaration and against any provocation to such a
"discrimination."

Article 10 "Everybody has a right, in full equality
"that his case be heard with equity and publicly by
"an independent tribunal and impartial one that will
"decide of his rights and obligations."

Article .l6 (2) "Marriage cannot be celebrated without
" full liberty and consent of the parties."

Article 17 (1) "Everybody, either alone or collecti-
"vely has a right to ownership."

Article 17 (2) "Nobody should be deprived of his
"property."

Respectfully submitted,

VICTOR LAROCHELLE
Mas.Com. Chartered Accountant.


Download

Copy of the Canadian Bill of Rights
Canadian Bill of Rights
Media and Document Gallery

Images

Canadian Bill of Rights
Creator: Government of Canada

Subject: Canada – Canadian Bill of Rights | Canada – Parliamentary Statutes

Description: Copy of the Canadian Bill of Rights

Date Created: 1960

Identifier: Canadian Bill of Rights

John Diefenbaker in Cornwall, Ontario
Creator: Unknown

Subject: Canada – Head of Government | Canada – Personalities

Description: : John Diefenbaker in Cornwall, Ontario, surrounded by children in Eastern European costumes

Date Created: [1958?]

Identifier: MG01/XVII/JGD2899

John and Olive Diefenbaker with a group of Polish children
Creator: Unknown

Subject: Canada – Head of Government | Canada – Personalities | Traditional Costume

Description: John and Olive Diefenbaker with a group of Polish children in costume in Sarnia, Ontario

Date Created: 18 August 1959

Identifier: MG01/XVII/JGD6926

John Diefenbaker at a Chinese Youth Services banquet
Creator: Unknown

Subject: Canada – Head of Government | Canada – Personalities

Description: View of large banquet table at Chinese Youth Services banquet. Large group of unidentified individuals present including John Diefenbaker. Diefenbaker is being instructed on the use of chopsticks.

Date Created: [1958?]

Identifier: MG01/XVII/JGD2928

John Diefenbaker in House of Commons office
Creator: Unknown

Subject: Canada – Head of Government | Canadian Bill of Rights

Description: John Diefenbaker working at desk in House of Commons office. Behind him is a plaque of the Canadian Bill of Rights.

Date Created: [1975]

Identifier: MG01/XVII/JGD3141

John Diefenbaker and a delegate to the Progressive Conservative General Meeting – 16
Creator: Ted Grant – Photo Features

Subject: Canada – Head of Government | Canada – Personalities

Description: John Diefenbaker and delegate at the Progressive Conservative annual general meeting, holding copy #10 of the Bill of Rights, Ottawa

Date Created: 18 March 1961

Identifier: MG01/XVII/JGD3299


Audio

Speech by John Diefenbaker at the Young Progressive Conservative Convention, Ottawa

Creator:Progressive Conservative Party of Canada

Subject:Canada – Head of Government | Canada – Human Rights | Canada Bill of Rights

Description:John Diefenbaker affirms his lifelong championing of human rights and calls upon the youth of the party to take on responsibility for leading Canada into the future

Date Created:30November1959

Identifier:MG01/XVIII/T163-PAC23

Speech by John Diefenbaker to the Progressive Conservative Women’s Association, Ottawa

Creator:Progressive Conservative Party of Canada

Subject:Canada – Head of Government | Canada – Human Rights | Canada – Bill of Rights

Description:John Diefenbaker declares his desire to have a Bill of Rights voted on by Parliament in the coming session

Date Created:30November1959

Identifier:MG01/XVIII/T187-PAC39

Speech by John Diefenbaker to a Progressive Conservative banquet, Ottawa

Creator:Progressive Conservative Party of Canada

Subject:Canada – Head of Government | Canada – Human Rights | Canada – Census

Description:John Diefenbaker advocates for a Canadianism which will find expression in the coming census when citizens will, for the first time, be asked whether they are a Canadian

Date Created:17March1961

Identifier:MG01/XVIII/T203-PAC50


Documents

More
< Previous ExhibitNext Exhbit >