1. EVOLUTION OF HUMAN RIGHTS LEGISLATION

2. 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?

3. 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

4. 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

5. 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

6. 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Could not be repealed or changed without constitutional amendment

7. Evolution of Human Rights Law
Charter of Rights and Freedoms entrench 4 fundamental freedoms
Religion
Expression
Peaceful Assembly
Association

8. Evolution of Human Rights Law
Charter of Rights and Freedoms guarantee the following rights
Democratic
Mobility
Legal
Equality
Language
Aboriginal and treaty rights