The Canadian Bill of Rights

Prime Minister Diefenbaker’s promised Canadian “bill of rights” will at any rate produce an extremely interesting debate. It will also bring forth an important judicial opinion; for the Supreme Court is to be asked, in advance, to pass upon the government’s proposals.

Canada, says the British North American Act, has a constitution similar in principle to that of the United Kingdom. This has long been taken to mean, by both the public and the courts, that Canadians enjoy the same ancient rights and liberties as do U.K. citizens.

These include freedom of speech, religion and assembly, the right to trial by jury, the right not to be held in custody without a charge (habeas corpus), the right not to be tried twice for the same offence, and so on.

Some of these rights are guaranteed by statutes. Others are embodied in common law and ancient documents like Magna Carta and Britain’s “bill of rights,” passed in 1689 and so ante-dating by a century the American charter of the same name.

If these rights already belong to Canadians, what is the need for a new enactment? This is perhaps one of the questions the Supreme Court will be asked to consider; but answers are readily supplied by enthusiasts.

They argue that in fact, if not in law, certain freedoms are not adequately protected in Canada. Some would perhaps wish to add new and controversial “rights” to the list, like the right to work or the right not to be discriminated against, in getting employment or receiving services, on grounds of race.

Only a constitutional amendment could establish Canadian civil rights, old or new, more firmly than they are established now; and it seems unlikely that this change could have the unanimous provincial support it would surely require. But the public will await Mr. Diefenbaker’s proposals with keen curiosity.

Handwritten note: “FINANCIAL POST – Editorial”


Copy of the Canadian Bill of Rights
Canadian Bill of Rights

Media and Document Gallery

Images

Canadian Bill of Rights
John Diefenbaker in Cornwall, Ontario
John and Olive Diefenbaker with a group of Polish children
John Diefenbaker at a Chinese Youth Services banquet
John Diefenbaker in House of Commons office
John Diefenbaker and a delegate to the Progressive Conservative General Meeting – 16

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: 30 November1959

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: 30 November1959

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: 17 March1961

Identifier:MG01/XVIII/T203-PAC50

Documents

186000-8 Re: Bill of Rights – Amendment to Constitution

Creator: Department of Justice

Subject: Canada – Government | Canada – Human Rights | Canada – Bill of Rights | Canada – Amendment to Constitution

Description: Describes the merit and means of accomplishing the entrenchment of the Bill of Rights through a constitutional amendment

Date Created: 2 November1959

Identifier:MG01/XIV/E/41 Volume 12

Supplementary and Consolidated Suggestions Concerning the Proposed Bill of Rights

Creator: Victor LaRochelle

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

Description: Victor LaRochelle sends a list of suggestions concerning the basic principles of a proposed Bill of Rights to Diefenbaker

Date Created: 12 August1958

Identifier:MG01/VI/413.1 Volume 365 (285025 – 285027)

Confidential copy of Bill C - An Act for the Recognition and Protection of Human Rights and Fundamental Freedoms

Creator: Queen’s Printer

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

Description: Copy of the first iteration of a proposed Canadian Bill of Rights, for first reading, House of Commons

Date Created: 28 May1958

Identifier:MG01/VI/413.1 Volume 365 (285069 – 285075)

The Bill of Rights of Wrong

Creator: Guy Kroft, The Manitoban

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

Description: Outlines the author’s contention that the proposed Bill of Rights would be ineffective

Date Created: 28 September1958

Identifier:MG01/VI/413.1 Volume 365 (285298)

Letter from T.C. Douglas to John Diefenbaker

Creator: T.C. Douglas

Subject: Canada – Head of Government | Canada – Human Rights | Canada – Bill of Rights | Canada – Amendment to Constitution | Saskatchewan – Premier

Description: T.C. Douglas, Premier of Saskatchewan, outlines his support for John Diefenbaker’s efforts to enact a federal declaration of Canadian civil rights; he also includes a proposed amendment to the British North America Act to protect Canadians’ fundamental rights and freedoms

Date Created: 19 January1959

Identifier:MG01/XIV/E/41 Volume 12

The PM’s Bill of Rights Freedom’s Advocate

Creator: Robert Moon, Saskatoon Star Phoenix

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

Description: Outlines the history of John Diefenbaker’s stance on human rights and notes that the proposed Bill of Rights legislation is a modified version of Diefenbaker’s human rights goals

Date Created: 24 May1958

Identifier:MG01/VI/413.1 Volume 365 (285089 – 285090)

Letter from Davie Fulton to John Diefenbaker

Creator: Davie Fulton

Subject: Canada – Head of Government | Canada – Human Rights | Canada – Bill of Rights | Canada – Amendment to Constitution | Canada – Minister of Justice

Description: Davie Fulton, Minister of Justice, outlines proposed changes to the bill of rights legislation based on feedback received from various sources

Date Created: 11 May1959

Identifier:MG01/XIV/E/41 Volume 12

Orders-in-Council Threaten Your Citizenship

Creator: Vancouver Consultative Council

Subject: Canada – Government | Canada – Orders-in-Council | Canada – Japanese-Canadians

Description: Examines and decries the Government of Canada’s use of Orders-in-Council and attempted use of legislative initiatives to deport Japanese Canadians and strip them of their citizenship

Date Created:1945

Identifier:MG01/III/719 Volume 59 (047074-A – 047074-D)

Our Bill of Rights

Creator: Financial Post

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

Description: Editorial which declares only a constitutional amendment could fully and legally establish Canadian civil rights, and that there is unlikely to be the unanimous provincial support required for such an amendment

Date Created:no date

Identifier:MG01/VI/413.1 Volume 365 (285059)

Provincial Bill of Rights Statutes – Alberta, Saskatchewan and Manitoba

Creator: Compiled by The Social and Economic Research Committee, Canadian Jewish Congress

Subject: Canada – Human Rights | Canada – Provincial Statutes

Description: Analyses of human rights legislation of the provinces of Alberta, Saskatchewan and Manitoba

Date Created:no date

Identifier:MG01/III/29.1 Volume 2 (001162 – 001164)

Letter from Byrne Hope Sanders to John Diefenbaker

Creator: Byrne Hope Sanders

Subject: Canada – Human Rights | Canada – Parliamentarians |Canada – Opinion Polling

Description: Byrne Hope Sanders, Co-Director, Canadian Institute of Public Opinion, writes to Diefenbaker regarding the institute’s first of three news releases on its recent polling on civil liberties, which he includes

Date Created: 29 January1957

Identifier:MG01/IV/413.1 Volume 22 (15379 – 15381)

Should Canada have a Bill of Rights?

Creator: Peterborough Examiner

Subject: Canada – Human Rights | Canada – Bill of Rights | United States – Human Rights | Britain – Human Rights

Description: A selection of Peterborough-area citizens provide their views on whether Canada should have a Bill of Rights

Date Created: 17 May1958

Identifier:MG01/VI/413.1 Volume 365 (285101 – 285102)

What About the Japanese Canadians?

Creator: Howard Norman and The Consultative Council

Subject: Canada – Government | Canada – Human Rights | Canada – Japanese Canadians

Description: Criticizes various untruths used to justify mistreatment of Japanese Canadians during the Second World War; itemizes government actions taken against Japanese Canadians

Date Created: 1 May1945

Identifier:MG01/XIII/163 Volume 20