Chapter 6 (Book) - The Canadian Bill of Rights Flashcards
What did the systematic brutality associated with World War II demonstrate?
A complete disregard for human worth and dignity
In 1948, what did the United Nations attempt to reaffirm faith in?
Fundamental human rights by drafting a document called the Universal Declaration of Human Rights
To this document, what was Canada?
A signatory
As a signatory, what did Canada embrace?
Its underlying principles-the inherent dignity and worth of a human being and the importance of establishing laws protecting human rights
What did this UN Declaration influence?
The development of many modern-day human rights documents and spurred on legislation for rights protection in Canada.
In 1960, a strong movement led by Prime Minister John G. Diefenbaker reached its goal of establishing what?
Written protections of rights and freedoms with the passing of the Canadian Bill of Rights
In order not to negate any of the common law rulings or suggest that Canadians didn’t have rights prior to the enactment of this legislation, what was done to the document?
It was carefully worded to indicate that human rights and fundamental freedoms had been part of our legal heritage and would continue to exist.
The narrow interpretation of the term “equality” under the Bill of Rights would be what and reinforce what?
-Criticized
-The need for clarity in interpreting equality rights in Canada
In addition to its narrow interpretation of rights, what did the Canadian Bill of Rights also have?
Several other limitations
Canadian Bill of Rights Limitation #1
It was an ordinary federal statute that could be amended or revoked.
Canadian Bill of Rights Limitation #2
It did not apply to the provincial or territorial governments
What did the Bill of Rights not confer? Nor was it part of any what?
Any ability to create new rights nor was it part of any constitutional document.
Shifting tides of public opinion were soon to support what?
The efforts of Prime Minister Pierre Elliott Trudeau.
Not only was there ________________, but there was also a what?
-Growing public support for patriating our Constitution
-A desire to provide a rights protection document that was fully entrenched in our constitutional framework.
What would this rights protection document do?
Protect rights regardless of the level of government action.
