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

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

3. 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’

4. 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??

5. 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???

6. 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???

7. 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

8. 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

9. 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

11. 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….