Suggestions supplémentaires rassemblées concernant le projet de Déclaration des droits
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.
- Civil Rights should be recognized to an individual irrelevant of race, religion or class.
- Natural law is the foundation of Civil Rights.
- Citizens, in a Democracy should not ask for favors from the State but should demand their Civil Rights or prerogatives.
- Life, Liberty and Property are inherent to Civil Rights.
- 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.
- Impartiality and integrity in the administration of Justice is more important than Science, Knowledge, Learning or Competence.
- 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.
- 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.
- Notes pursuing a judgment should be made public or obtainable by the parties.
- 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,
- A Court which might be designated as the Court of Civil Rights should be composed of members extracted from various learned professions or occupation.
- The Court should contain a paragraph establishing an organization to receive communications from Citizens making suggestions about Civil Rights of Canadian Citizens.
- That Court should be competent t o receive written or oral testimonies or opinions referring to Canadian Civil Rights.
- That Court should study and collect information concerning legal developments constituting a denial of equal protection of the law granted by the Charter.
- 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.
- The established Court should have authority to deal with evident conflict of Justice or law when:
- it has been definitely proven that the Civil Rights of a citizen has been impaired;
- The Court should have the authority t o establish standards of violation of Civil Rights of an individual;
- 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.
- 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.
- 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
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
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
Mas.Com. Chartered Accountant.