THE BILL OF RIGHTS AND THE BRITISH NORTH AMERICA ACT

Abstract

The Bill of Rights is proposed in the form of an Act of Parliament rather than a constitutional amendment. This article considers the nature of that enactment and how its form affects the rights enshrined in it. It argues that the Canadian division of legislative authority has not been observed in drafting the Bill, as the rights lie largely in the provincial field. The proposed enactment purports to be declaratory of existing law, but the author does not feel that this should affect the question of constitutional jurisdiction. He analyses the likely effect on both the federal and provincial governments should the Bill be enacted, focusing on its constitutional validity and the extent to which the provincial ability to interfere with the freedoms recognized by federal legislation is preserved. Some questions regarding the protection of individual rights are addressed in turn.