— ee

APPENDIX II

CANADIAN BILL OF RIGHTS

An Act for the Recognition and Protection of
Human Rights and Fundamental Free-
doms

8-9 Elizabeth II, c. 44 (Canada)

[Assented to 10th August 1960]

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 funda-
mental 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:

PART I

BILL OF RIGHTS

1. It ishereby 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 enjoy-
ment of property, and the right not to be

te

5

prLLION

some ee
eCErabeniL vee |S)
1
FPO eee RR
se eS» 3 oy = rere |
=t eS PEL Y

nized Os)

deprived thereof except by due process of
law;

(6) 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 notwithstand-
ing 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 deten-
tion, imprisonment or exile of any person;
(6) 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 determina-
tion of his rights and obligations;
() deprive a person charged with a criminal
offence of the right to be presumed innocent
until proved guilty according to law in a

\he seRVED

' Ye

70
=:

Vary fil

g =

fair and public hearing by an independent
and impartial tribunal, or of the right to
reasonable bail without just cause; or

(o) deprive a person of the right to the
assistance of an interpreter in any proceed-
inge 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. The Minister of Justice shall, in
accordance with such regulations as
may be prescribed by the Governor in
Council, examine every regulation trans-
mitted to the Clerk of the Privy Council
for registration pursuant to the Statutory
Instruments Act und every Bill intro-
duced in or presented to the House of
Commons, in order to ascertain whether
any of the provisions thereof are incon-
sistent 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.”

4. The provisions of this Part shall be
known as the Canadian Bill of Rights.

PART

$. (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.

(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 inany part of Canada at the commencement
of thw Act that is subject to be repealed,
aboluhed or altered by the Parliament of
Canada.

APPENDIX Il

CANADIAN BILL OF RIGHTS

‘An Act for the Recognition and Protection of
Human Rights and Fundamental Free
doms

8-9 Elisabeth II, c. 44 (Canada)

[Ausented to 10th Auguat 1960)

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
penon 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 funda-
mental freedoms derived from them, in a Bill
of Rights which shall reflect the respect of
Parliament for its constitutional authority
tnd which shall eraure the protection of these
nights 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:

PARTI

BILL OF RIGHTS
1, It ishereby recognized and declared that
in Canada there have existed and shal
continue to exist without discrimination by
reason of race, national origin, colour, religion
or sex, the following human rights and

fundamental freedoms, namely,
(@) the right of the individual to life,
Iiberty, security of the person and enjoy-
rit of property, and the right not to be

deprived thereof except by due process of
law;

(2) the right of the individual to equality
before the law and the protection of the law;
(0 freedom of religion;

(@ freedom of speech;

(© freedom of assembly and associ
and

freedom of the press.

2. Every Iaw of Canada shall, unless it is
expressly declared by an Act of the Parliament
‘of Canada that it shall operate notwithstand~
ing the Canadian Billof Rights, be so construed
and applied ss not to, abrogate, abridge or
infringe or to authorize the abrogation,
abridgment or infringement of any of the
righisor freedoms herein recognized and
declared, and in particular, no law of Canada
shall be construed or applied #0 as to

(@) authorize or effect the arbitrary deten-
tion, imprisonment or exile of any person;
(8) impose oF authorize the imposition of
cruel and unusual treatment or punishment;
(0 deprive a person who has been arrested
or detained
(3) 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, oF
(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;
(@ 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;
(@ deprive « person of the right to a fair
hearing in accordance with the principles
‘of fundamental justice for the determina
tion of his rights and obligations;
() deprive a person charged with a criminal
offence of the right to be presumed innocent
until proved guilty according to law in a

‘and public hearing by an independent
‘and impartial tribunal, or of the right to
reasonable bail without just cause; or

(@ deprive a person of the right to the
‘aeustance of an interpreter in any proceed-
ings an which he is involved or in which he
a party or a witness, before a court,
commiwion, board or other tribunal, if he
does not understand or apeak the language
1m which such proceedings are conducted.

‘3. The Minister of Justice shall, in
accordance with such regulations 0s
may be preseribed by the Governor in
Connell, examine every regulation trans
titted to the Clerk of the Privy Council
for registration pursuant to the Statutory
Instruments Act and every Bill intro-
duced in or presented to the House of
Commons, in order to ascertain whether
of the provisions thereof are incon-
stent with the purposes and provisions
Of thie Part and he shall report any such
iveonsisteney to te House of Commons
‘the firet convenient opportunity.”

4. The provisions of this Part shall be
known as the Canadian Bill of Rights.

PART I

5. (1) Nothing in Part I sball 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,

@) The expression “law of Canada” in Part
‘Imeans an Act of tbe Parliament of Canada,
‘enacted before or after the coming into force

thu Act, any order, rule or regulation
thereunder, and any law in force in Canada,
or inany part of Canada at the commencement
of this Act that ia subject to be repealed,
aboluhed or altered by the Parliament of
Canada,