This article is about the Canadian federal statute enacted in 1960. For the charter of rights entrenched in the Constitution of Canada, see Canadian Charter of Rights and Freedoms.
Canadian Bill of Rights
Parliament of Canada
Long title
An Act for the Recognition and Protection of Human Rights and Fundamental Freedoms
Citation
S.C. 1960, c. 44
Enacted by
Parliament of Canada
Assented to
10 August 1960
Part of a series on the
Constitution of Canada
Constitutional history
Bill of Rights (1689)
Act of Settlement (1701)
Treaty of Paris (1763)
Royal Proclamation (1763)
Quebec Act (1774)
Constitutional Act (1791)
Act of Union (1840)
Constitution Act (1867)
Supreme Court Act (1875)
Constitution Act (1886)
British North America Acts (1867–1975)
Statute of Westminster (1931)
Succession to the Throne Act (1937)
Letters Patent (1947)
Canada Act (1982)
Constitution Act, 1982
Succession to the Throne Act, 2013
Document list
Amendments
Unsuccessful amendments
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Patriation
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The Canadian Bill of Rights[1] (French: Déclaration canadienne des droits) is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960.[2] It provides Canadians with certain rights at Canadian federal law in relation to other federal statutes. It was the earliest expression of human rights law at the federal level in Canada, though an implied Bill of Rights had already been recognized in the Canadian common law.[3]
The Canadian Bill of Rights remains in effect but is widely acknowledged to be limited in its effectiveness because it is a federal statute only, and so not directly applicable to provincial laws.[4][5] These legal and constitutional limitations were a significant reason that the Canadian Charter of Rights and Freedoms was established as an unambiguously-constitutional-level Bill of Rights for all Canadians, governing the application of both federal and provincial law in Canada, with the patriation of the Constitution of Canada in 1982. Since patriation, its usefulness at federal law in Canada is mostly limited to issues pertaining to the enjoyment of property, as set forth in its section 1(a)]—a slightly-broader "life, liberty, and security of the person" right than is recognized in section seven of the Canadian Charter of Rights and Freedoms.[6]
^Canadian Bill of Rights, S.C. 1960, c. 44.
^Tom Campbell; Jeffrey Denys Goldsworthy; Adrienne Sarah Ackary Stone (2006). Protecting Rights Without a Bill of Rights: Institutional Performance and Reform in Australia. Ashgate Publishing, Ltd. p. 265. ISBN 978-0-7546-2558-2.
^Joseph E. Magnet, Constitutional Law of Canada, 8th ed., Part VI, Chapter 1 Archived 2007-10-08 at the Wayback Machine, Juriliber, Edmonton (2001). URL accessed on March 18, 2006.
^Alan E. Boyle; Wilson Finnie; Andrea Loux, Chris Himsworth, Hector MacQueen (2002). Human Rights and Scots Law. Hart Publishing. p. 177. ISBN 978-1-84113-044-6.{{cite book}}: CS1 maint: multiple names: authors list (link)
^Francis J. Turner (23 July 2009). Encyclopedia of Canadian Social Work. Wilfrid Laurier Univ. Press. pp. 41, 42. ISBN 978-1-55458-807-7.
^Ian Greene (18 November 2014). The Charter of Rights and Freedoms: 30+ years of decisions that shape Canadian life. James Lorimer Limited, Publishers. p. 66. ISBN 978-1-4594-0662-9.
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