Deeper Look Into The CCRF & OHRC RIGHTS & FREEDOMS Deeper Look Into The CCRF & OHRC

MAJOR STEPS IN HUMAN RIGHTS BRITAIN 1215 - Magna Carta - 1st Step towards individual rights in England 1869 - Bill of Rights - Gave Parliament supremacy over Monarchy

WHAT WE INHERITED FROM BRITAIN British North America Act (BNA Act) Canada would have a Constitution similar to that of the U.K. Canada would use the principle of ‘legislative supremacy’

WHAT WE INHERITED FROM BRITAIN BNA ACT Outlines jurisdictional powers…who does what?? Do you think this division of power is in the best interest of Canadians? LEGISLATIVE SUPREMACY The legislative branch of government is the highest legal and political body of the land Why is this important??

EVOLUTION OF OUR CONSTITUTION BNA Act – 1867 Any amendment must go through British Parliament Statute of Westminster – 1931 Imperial Conference determines our ability to govern ourselves Foreign & Internal matters ours….problem??? Constitution Act – 1982 Not as easy as you think Provinces must agree (amending formula a mess) Bill of Rights entrenched….and what would that be called???

EVOLUTION OF OUR CONSTITUTION Meech Lake Accord – 1987 Need to make Constitution Act legitimate = Quebec on board “Distinct Society” and special power (appoint Senate & S.C.J.) Who would be upset?? Needed to pass all Provincial Legislatures within 3 years Problems in Manitoba & Newfoundland Doesn’t Pass!!! Charlottetown Accord – 1992 Round 2 – many issues addressed Power of disallowance, division of power, Aboriginal self-government, Senate voted in, S.C.J. appointment process Doesn’t’ Pass….who’s upset?? What do they do???

OTHER MAJOR STEPS IN HUMAN RIGHTS UNITED STATES 1776 – Declaration of Independence 1789 – Declaration of the Rights of Man - Both declared that all people have inalienable rights to equality and liberty

MAJOR STEPS IN HUMAN RIGHTS UNITED NATIONS 1948 – Universal Declaration of Human Rights (UDHR) - Freedom of thought, expression, religion, peaceful assembly, association. - Equality before the law, education rights, legal rights FOR EVERYONE… EVERYWHERE

EVOLUTION OF RIGHTS IN CANADA After the UDHR there were minor code’s enacted across Canada…major protection was provided more from case law. 1st MAJOR attempt to codify rights and freedoms across Canada was brought about by P.M. John Diefenbaker in 1960 and was called The Canadian Bill of Rights. - Right to life, liberty, security of person & enjoyment of property - Freedom of religion, speech, assembly, association, the press

CANADIAN BILL OF RIGHTS (1960) PROBLEMS 1) Only a Federal Statute – only applied to federal matters. Intended for provinces but technically didn’t have the power. Also, it could be amended by a majority vote!! Courts were nervous to interfere w/ legislative supremacy 2) No TRUE Power to enact change – as it was only a statute it had the same force as all other statutes…it didn’t take precedence over any other statutes. IN COMES TRUDEAU….