Canadian Bill of Rights

Canadian Bill of Rights Summary

The Canadian Bill of Rights (S.C. 1960, c. 44) is a federal statute enacted in 1960 under Prime Minister John Diefenbaker. It was Canada's first federal law to protect civil liberties and human rights.

What it does:

  • Recognizes the right to life, liberty, and security of the person
  • Guarantees equality before the law regardless of race, national origin, colour, religion, or sex
  • Protects freedom of speech, religion, assembly, and the press
  • Ensures the right to a fair hearing and legal counsel if arrested
  • Prohibits arbitrary detention or imprisonment
  • Protects the right to enjoyment of property and prohibits deprivation of it except by due process of law (Section 1(a)) — Canada's only federal statutory protection of property rights

Key limitations:

  • Applies only to federal laws — not provincial legislation
  • Land titles in Canada are provincially regulated (e.g., BC's Land Title Act) and fall outside this Bill's jurisdiction
  • Can be overridden by Parliament with explicit language
  • Was largely superseded by the Canadian Charter of Rights and Freedoms (1982), which has constitutional status — and notably omitted property rights entirely

Why it still matters:

  • Remains in force as federal law
  • Has been used in court challenges to federal legislation
  • Represents Canada's first codified commitment to individual rights
  • Contains the only federal statutory protection of property rights in Canadian law