Bill of rights is a document that describes the fundamental liberties of the people. It also forbids the government to violate these rights. The constitutions of many democratic countries have bills of rights that guarantee everyone the freedoms of speech, of religion, and of the press, and the right of assembly.
Individuals are considered to be born with certain inalienable rights—that is, rights that governments may not take away from them. These rights are considered to be part of a “higher law,” a body of universal principles of right and justice that is superior to laws created by governments. Some of these rights, such as the freedoms of speech and of the press, support democracy. Others, such as the right to trial by jury, are essential to justice.
Many of these ideas were developed in ancient Greek and Roman civilizations. In modern history such individuals as the philosophers John Locke and John Stuart Mill, the writers John Milton and Thomas Paine, and the statesmen Thomas Jefferson and James Madison fought for the acceptance of these views.
The United States Constitution,
adopted in 1788, contained few personal guarantees. James Madison led in the adoption of 10 amendments that became known as the Bill of Rights. The bill came into effect on Dec. 15, 1791. This day is celebrated as Bill of Rights Day (see Bill of Rights Day ).
The first 8 amendments contain the fundamental rights and freedoms of every citizen. The 9th Amendment forbids the government to limit freedoms and rights that are not listed in the Constitution. The 10th Amendment limits the powers of the federal government to those that are granted to it in the Constitution.
The U.S. Supreme Court decides if a law restricts any liberties listed in, or implied by, the Bill of Rights. However, it has not stated exactly which rights are implied. The Supreme Court has held that under the 14th Amendment most of the Bill of Rights also applies to state governments.
The freedoms and rights of individuals, however, are not without limits. For example, freedom of speech does not protect a person who shouts “Fire” in a crowded theater when there is no fire. The Supreme Court has held that freedom of speech may be limited only when its exercise creates a “clear and present danger” to society.
State constitutions.
Each state constitution contains a bill of rights or a declaration of rights. Some state bills of rights are more extensive than the federal bill of rights. Virginia adopted the first state bill of rights in 1776.
Canada’s Constitution
includes a bill of rights called the Canadian Charter of Rights and Freedoms. The charter took effect on April 17, 1982. Previously, Canada had a bill of rights that applied only to areas under federal jurisdiction and did not bind provincial governments.
The charter guarantees freedom of speech, religion, assembly, and other basic rights. It also guarantees democratic government and bans discrimination based on race, ethnic or national background, color, religion, age, sex, or mental or physical disability.
The charter establishes the right of every Canadian citizen to move freely from one province to another and guarantees other mobility rights. It declares that English and French are the official languages of Canada and have equal status in Parliament, the courts, and the government of Canada. All of the rights in the Canadian charter are guaranteed equally to men and women.
A key provision of the charter centers on minority language educational rights. Under this provision, English- and French-speaking parents can have their children educated, “where numbers warrant,” in their own language. Officials of the province of Quebec oppose the minority language provision. They argue that it restricts the province’s power over education and its ability to preserve the French culture. The majority of Quebec’s people by far are of French descent, and they prefer that most children there be educated in French.
The charter’s protections extend to citizens in all of Canada’s provinces and territories. A clause in the charter allows Parliament and the provincial legislatures to pass laws overriding certain rights that are guaranteed. However, such laws have to be renewed every five years.
English Bill of Rights.
In 1689, Parliament presented to King William III and Queen Mary a declaration that became known as the Bill of Rights. It stands with Magna Carta and the Petition of Right as the legal guarantees of English liberty. The Bill of Rights listed certain rights that were the “true, ancient, and indubitable rights and liberties of the people” of the English kingdom. It settled the succession to the throne, and limited the powers of the king in such matters as taxation and keeping up a standing army.
In 2000, the United Kingdom (U.K.) began enforcing the Human Rights Act of 1998. This act incorporates into U.K. law most of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The European Convention is an international agreement on human rights that was signed by members of the Council of Europe in 1950. By including provisions of the convention in a law of its own, the United Kingdom provided U.K. citizens with a specific list of freedoms similar to those in the United States Bill of Rights.
French bill of rights.
The French adopted the Declaration of the Rights of Man and of the Citizen in 1789. This document attempted to define the revolutionary war cry of “Liberty, Equality, Fraternity.” It guarantees religious freedom, freedom of speech and of the press, and personal security. This bill of rights has been added to the French Constitution.
The United Nations General Assembly
adopted the Universal Declaration of Human Rights on Dec. 10, 1948. The declaration asserts that all persons are equal in dignity and rights, and have the right to life, liberty, and security. It also lists certain social and cultural rights.
United States Bill of Rights
Amendment 1
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Amendment 2
A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
Amendment 3
No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war but in a manner to be prescribed by law.
Amendment 4
The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment 5
No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment 6
In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Amendment 7
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States than according to the rules of the common law.
Amendment 8
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment 9
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
Amendment 10
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
Canadian Charter of Rights and Freedoms
Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:
Guarantee of Rights and Freedoms
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Fundamental Freedoms
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c ) freedom of peaceful assembly; and
(d) freedom of association.
Democratic Rights
3. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.
4. (1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs at a general election of its members.
(2) In the time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be.
5. There shall be a sitting of Parliament and of each legislature at least once every twelve months.
Mobility Rights
6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
(a) to move to and take up residence in any province; and
(b) to pursue the gaining of a livelihood in any province.
(3) The rights specified in subsection (2) are subject to
(a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and
(b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.
(4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.
Legal Rights
7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
8. Everyone has the right to be secure against unreasonable search or seizure.
9. Everyone has the right not to be arbitrarily detained or imprisoned.
10. Everyone has the right on arrest or detention
(a) to be informed promptly of the reasons therefor;
(b) to retain and instruct counsel without delay and to be informed of that right; and
(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
11. Any person charged with an offence has the right
(a) to be informed without unreasonable delay of the specific offence;
(b) to be tried within a reasonable time;
(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
(e) not to be denied reasonable bail without just cause;
(f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
(g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;
(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
(i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.
Equality Rights
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Official Languages of Canada
16. (1) English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada.
(2) English and French are the official languages of New Brunswick and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of New Brunswick.
(3) Nothing in this Charter limits the authority of Parliament or a legislature to advance the equality of status or use of English and French.
17. (1) Everyone has the right to use English or French in any debates and other proceedings of Parliament.
(2) Everyone has the right to use English or French in any debates and other proceedings of the legislature of New Brunswick.
18. (1) The statutes, records and journals of Parliament shall be printed and published in English and French and both language versions are equally authoritative.
(2) The statutes, records and journals of the legislature of New Brunswick shall be printed and published in English and French and both language versions are equally authoritative.
19. (1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament.
(2) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court of New Brunswick.
20. (1) Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of any such institution where
(a) there is a significant demand for communications with and services from that office in such language; or
(b) due to the nature of the office, it is reasonable that communications with and services from that office be available in both English and French.
(2) Any member of the public in New Brunswick has the right to communicate with, and to receive available services from, any office of an institution of the legislature of government of New Brunswick in English or French.
21. Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada.
22. Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English or French.
Minority Language Educational Rights
23. (1) Citizens of Canada
(a) whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or
(b) who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province,
have the right to have their children receive primary and secondary school instruction in that language in that province.
(2) Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary school instruction in the same language.
(3) The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province
(a) applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and
(b) includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds.
Enforcement
24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
General
25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including
(a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and
(b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired.
26. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada.
27. This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.
28. Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.
29. Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools.
30. A reference in this Charter to a province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the Northwest Territories, or to the appropriate legislative authority thereof, as the case may be.
31. Nothing in this Charter extends the legislative powers of any body or authority.
Application of Charter
32. (1) This Charter applies
(a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and
(b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.
(2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force.
33. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.
(2) An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration.
(3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration.
(4) Parliament or a legislature of a province may reenact a declaration made under subsection (1).
(5) Subsection (3) applies in respect of a reenactment made under subsection (4).
Citation
34. This Part may be cited as the Canadian Charter of Rights and Freedoms.
