1960, c. 44
C-12.3
[Assented to August
10th, 1960]
An Act for the Recognition and Protection of Human
Rights and Fundamental Freedoms
The
Parliament of Canada, affirming that the Canadian Nation is founded upon
principles that acknowledge the supremacy of God, the dignity and worth of the
human person and the position of the family in a society of free men and free
institutions;
Affirming
also that men and institutions remain free only when freedom is founded upon
respect for moral and spiritual values and the rule of law;
And
being desirous of enshrining these principles and the human rights and
fundamental freedoms derived from them, in a Bill of Rights which shall reflect
the respect of Parliament for its constitutional authority and which shall
ensure the protection of these rights and freedoms in Canada:
Therefore
Her Majesty, by and with the advice and consent of the Senate and House of
Commons of Canada, enacts as follows:
Recognition and declaration of rights and
freedoms
1. It is hereby recognized and
declared that in Canada there have existed and shall continue to exist without
discrimination by reason of race, national origin, colour, religion or sex, the
following human rights and fundamental freedoms, namely,
(a) the right of the
individual to life, liberty, security of the person and enjoyment of property,
and the right not to be deprived thereof except by due process of law;
(b) the right of the
individual to equality before the law and the protection of the law;
(c) freedom of religion;
(d) freedom of speech;
(e) freedom of assembly and
association; and
(f) freedom of the press.
2. Every law of Canada shall,
unless it is expressly declared by an Act of the Parliament of Canada that it
shall operate notwithstanding the Canadian Bill of Rights, be so
construed and applied as not to abrogate, abridge or infringe or to authorize
the abrogation, abridgment or infringement of any of the rights or freedoms
herein recognized and declared, and in particular, no law of Canada shall be
construed or applied so as to
(a) authorize or effect the
arbitrary detention, imprisonment or exile of any person;
(b) impose or authorize the
imposition of cruel and unusual treatment or punishment;
(c) deprive a person who
has been arrested or detained
(i)
of the right to be informed promptly of the reason for his arrest or detention,
(ii)
of the right to retain and instruct counsel without delay, or
(iii)
of the remedy by way of habeas corpus for the determination of the
validity of his detention and for his release if the detention is not lawful;
(d) authorize a court,
tribunal, commission, board or other authority to compel a person to give
evidence if he is denied counsel, protection against self crimination or other
constitutional safeguards;
(e) deprive a person of the
right to a fair hearing in accordance with the principles of fundamental justice
for the determination of his rights and obligations;
(f) deprive a person
charged with a criminal offence of the right to be presumed innocent until
proved guilty according to law in a fair and public hearing by an independent
and impartial tribunal, or of the right to reasonable bail without just cause;
or
(g) deprive a person of the
right to the assistance of an interpreter in any proceedings in which he is
involved or in which he is a party or a witness, before a court, commission,
board or other tribunal, if he does not understand or speak the language in
which such proceedings are conducted.
3. (1)
Subject to subsection (2), the Minister of Justice shall, in accordance with
such regulations as may be prescribed by the Governor in Council, examine every
regulation transmitted to the Clerk of the Privy Council for registration
pursuant to the Statutory Instruments Act and every Bill introduced in
or presented to the House of Commons by a Minister of the Crown, in order to ascertain
whether any of the provisions thereof are inconsistent with the purposes and
provisions of this Part and he shall report any such inconsistency to the House
of Commons at the first convenient opportunity.
Exception
(2) A regulation need not be
examined in accordance with subsection (1) if prior to being made it was
examined as a proposed regulation in accordance with section 3 of the Statutory
Instruments Act to ensure that it was not inconsistent with the purposes
and provisions of this Part.
1960, c. 44, s. 3; 1970-71-72, c. 38, s. 29; 1985, c.
26, s. 105; 1992, c. 1, s. 144(F).
4. The provisions of this Part
shall be known as the Canadian Bill of Rights.
5. (1)
Nothing in Part I shall be construed to abrogate or abridge any human right or
fundamental freedom not enumerated therein that may have existed in Canada at
the commencement of this Act.
"Law of Canada" defined
(2) The expression "law of
Canada" in Part I means an Act of the Parliament of Canada enacted before
or after the coming into force of this Act, any order, rule or regulation
thereunder, and any law in force in Canada or in any part of Canada at the
commencement of this Act that is subject to be repealed, abolished or altered
by the Parliament of Canada.
Jurisdiction of Parliament
(3) The provisions of Part I
shall be construed as extending only to matters coming within the legislative
authority of the Parliament of Canada.