In 1960, the Canadian Bill of Rights was founded as an act for the recognition and protection of human rights and fundamental freedoms. The preamble of the Bill of Rights affirmed that the nation was founded on the fundamental premise of the dignity and worth of the human person in a free and democratic society. It also affirmed that persons and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law.

The Canadian Bill of Rights recognized and declared the fundamental rights and freedoms as (1) the right of the individual to life, liberty and security, (2) the right of the individual to equality before the law and the protection of the law, (3) freedom of religion, (4) freedom of speech, (5) freedom of assembly and association, and (6) freedom of the press. (Section 1, Canadian Bill of Rights) Every law of Canada was to be construed and applied as to not abrogate, abrige or infringe any of the fundamental rights and freedoms recognized under the Bill. (Section 2, Canadian Bill of Rights)

The Canadian Bill of Rights would serve for 22 years until Parliament enacted the Constitution Act, 1982, or more commonly termed the Canadian Charter of Rights and Freedoms. The Charter expanded in greater detail individual rights, freedoms and powers. The Charter recognized four fundamental freedoms of the individual. They include (1) freedom of conscience and religion (2) freedom of thought, belief, opinion and expression, (3) freedom of peaceful assembly, and (4) freedom of association. (Section 2, Charter of Rights and Freedoms)

The Charter differs from the Bill of Rights in two critical areas. First, the Charter is more expansive and detailed, leaving less leverage for interpretation by the courts. All courts, including the Supreme Court of Canada, must interpret Canadian law with respect to individual rights and freedoms guaranteed to citizens under the Charter. Second, the Charter focuses greatly on freedom of thought, belief, opinion and expression and its importance in helping preserve and maintain freedom and democracy. The rule of law is respected through due process but law itself can be subject to change, particularly if it infringes on the fundamental rights and freedoms of its citizens.

Civil Libertarianism is founded on the premise that rights and freedoms are dependent on the right of dissent. Civil libertarians contend that it is through legal dissent that injustices within the social, legal and/or political realms can be disengaged and replaced with true democracy and freedom. The Civil Rights Movement was founded upon opposition to unjust, oppressive and unconstitutional laws which denied African-Americans the fundamental right of dignity within their own country. The movement was organized through strong leadership and committed adherents that were willing to pay the price to fight for rights denied to them.

Laws alone cannot preserve human dignity and egalitarianism. People must ensure that the laws in place and the fundamental freedoms under the Constitution are respected and adhered to. Abuse of power and denial of rights and freedoms occur only if persons ambivalently accept that government is more important and/or more powerful than the law and that the law is more powerful than the Constitution. When persons grant unconditional authority to government and relinquish their right of dissent, they help to foster and sustain injustice. All persons, all institutions and all laws are accountable to the Constitution. True liberty can only be taken away if we allow it to be.

All Content Inclusive www.angelfire.com/id/multicultural, Copyright © Calabrians Multicultural World Society Inc.

HOME                     ABOUT THE AUTHOR