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- Was largely superseded by the Canadian Charter of Rights and Freedoms (1982), which has constitutional status — and notably omitted property rights entirely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