CANADA HISTORY - Politics-Symbols

Bill of Rights

At the time of Confederation in 1867, the founders of the Canadian nation—known as the Fathers of Confederation—gave little attention to the formal entrenchment of human liberties in a constitutional document. This was not due to a lack of concern for individual rights, but rather because the political and legal traditions that Canada inherited from Britain already contained robust protections for civil liberties. The British North America Act, which served as Canada's constitution at the time, was largely concerned with defining the division of powers between the federal and provincial governments rather than enumerating specific rights. The Fathers of Confederation assumed that the new nation would naturally inherit the freedoms enshrined in English constitutional law, including such historical landmarks as the Magna Carta and the common law tradition. These protections were seen as sufficient, and it was not deemed necessary to make explicit reference to them in the British North America Act.

In the early years of Canada's existence, there was little popular interest in formal guarantees of civil liberties. The prevailing belief was that British parliamentary traditions provided adequate safeguards for personal freedoms. However, as Canada matured as a nation and the political landscape evolved, questions about the adequacy of these inherited liberties began to emerge. The First World War and the growing role of the state in the economy and society led to increasing concerns about the potential for government overreach. Yet it was not until the tumultuous events of the Second World War that the need for a more explicit protection of civil liberties became a pressing issue in Canada.

The Second World War was a pivotal period for civil liberties in Canada, as it brought to light the vulnerability of individual rights, even in democratic societies. The wartime government took extraordinary measures that curtailed freedoms in the name of national security, such as the internment of Japanese Canadians and restrictions on free speech. These events shocked many Canadians, and the realization that such liberties could be denied, even in a democracy, generated widespread concern about the fragility of rights. This period marked a turning point in the public's attitude toward civil liberties, as Canadians increasingly recognized the need for constitutional guarantees to protect their freedoms against the whims of the state.

In the years following the war, momentum grew for the formal entrenchment of civil liberties in a Canadian legal document. Various political and legal organizations began advocating for a Canadian Bill of Rights, which would explicitly guarantee the fundamental freedoms and rights of all citizens. During the 1940s and 1950s, the idea gained traction, and several Parliamentary Committees were established to study the possibility of creating such a document. Legal scholars, civil rights activists, and political leaders debated the form and scope of a potential Bill of Rights, and many saw it as a crucial step in strengthening Canada's democratic foundations.

Despite this growing interest, it was not until the late 1950s that the movement for a Canadian Bill of Rights gained real political traction, thanks largely to the efforts of John G. Diefenbaker. A prominent lawyer and politician, Diefenbaker had long been an advocate for civil liberties. He first raised the issue in the House of Commons in 1945, shortly after the end of the Second World War, arguing that Canada needed its own bill of rights to protect citizens' freedoms from encroachments by the state. Diefenbaker's passion for civil liberties was rooted in his own personal experiences, as he had witnessed firsthand the effects of discrimination and the abuse of state power throughout his career.

When Diefenbaker became Prime Minister in 1957, he was finally in a position to pursue his long-held ambition of enacting a Canadian Bill of Rights. He made it a central part of his political agenda, arguing that Canadians deserved a formal guarantee of their fundamental rights and freedoms. After much debate and discussion, a special House of Commons Committee was formed to study the issue, and in 1960, the Bill of Rights was unanimously passed by Parliament in its final form. It received Royal Assent on August 10, 1960, marking a significant milestone in Canadian legal history.

The Canadian Bill of Rights was a groundbreaking document, as it was the first federal law to enshrine fundamental rights and freedoms in Canada. It affirmed basic liberties such as freedom of speech, freedom of religion, the right to life, liberty, and security of the person, and equality before the law. Importantly, the Bill of Rights also declared that no law could be interpreted or applied in a way that infringed upon these rights, providing a legal framework for challenging laws that violated civil liberties.

However, the Bill of Rights was not without its limitations. As an ordinary statute, it lacked the constitutional status that many advocates had hoped for, meaning it could be amended or repealed by a simple act of Parliament. Additionally, because it applied only to federal laws, its impact on provincial legislation was limited. Nevertheless, it represented a significant step forward in the protection of civil liberties in Canada and laid the groundwork for future constitutional reforms.

Diefenbaker's Bill of Rights was a precursor to the more comprehensive Charter of Rights and Freedoms, which would be enshrined in the Constitution in 1982 under the leadership of Prime Minister Pierre Trudeau. Unlike the Bill of Rights, the Charter was a constitutional document, giving it greater legal weight and applying to both federal and provincial laws. The Charter remains one of the most important legal documents in Canadian history, providing robust protections for the rights and freedoms of all Canadians.

In conclusion, while the Fathers of Confederation may not have seen the need for an explicit entrenchment of civil liberties in 1867, the events of the 20th century revealed the importance of formal guarantees to protect individual rights. The Canadian Bill of Rights, passed in 1960 under the leadership of John G. Diefenbaker, marked a significant step toward securing these liberties and reflected a growing recognition of the need for constitutional protections in a modern democracy. Though it had its limitations, the Bill of Rights laid the foundation for the Charter of Rights and Freedoms, which continues to serve as the cornerstone of Canadian civil liberties today.