EVOLUTION OF HUMAN RIGHTS LEGISLATION

Evolution of Human Rights Law Human rights protection has been a process in Canada Less then two decades since our rights have been “enshrined” in the Constitution Did Canadians operate without rights prior to the Constitution?

Evolution of Human Rights Law Common Law Originally, Canadians were protected by the rules of British common law Common law itself did not provide for a guarantee of civil liberties A free person is allowed to do anything which is not positively prohibited E.g. a person has freedom of speech as long as that freedom does not conflict with existing laws that regulate speech such as defamation laws Defamation means making false or malicious statements that injure a person’s reputation

Evolution of Human Rights Law Canadian Bill of Rights, 1960 Aimed to establish written protection of rights and fundamental freedoms Right of the individual to life, liberty, security of the person and enjoyment of property Freedom of religion Freedom of speech Freedom of assembly Freedom of assembly and association Freedom of the press

Evolution of Human Rights Law What were the limitations of the Canadian Bill of Rights? Inadequate in protecting individual rights EQUALITY PROVISIONS were narrowly defined to mean “equal administration of law”. People seeking rights enforcement from the courts were usually disappointed. Not a constitutional document, only a federal statute, so it could be revoked Did not apply to provincial governments Did not confer ability to create new rights

Evolution of Human Rights Law Charter Of Rights and Freedoms, 1982 Rights protection would now apply to federal, provincial and territorial governments Rights protection enshrined in the Constitution Could not be repealed or changed without constitutional amendment

Evolution of Human Rights Law Charter of Rights and Freedoms entrench 4 fundamental freedoms Religion Expression Peaceful Assembly Association http://laws.justice.gc.ca/en/charter/

Evolution of Human Rights Law Charter of Rights and Freedoms guarantee the following rights Democratic Mobility Legal Equality Language Aboriginal and treaty rights http://laws.justice.gc.ca/en/charter/