CANADA
CONFIDENTIAL
Report by British High Commission Ottawa
General Observations
Although the Canadian Bill of Rights 1960 explicitly recognises basic rights and freedoms, the latter are also protected by common law. The Bill of Rights shall not "be construed to abrogate or abridge any human right or funda- mental freedom not enumerated therein that may have existed in Canada at the commencement of this Act". The Bill of Rights can, however, be overridden by the Federal Parliament, but only if Parliament explicitly states that the legislation concerned is paramount to the Bill of Rights. A Human Rights Charter, which could not be overridden, has been under dis- cussion since 1968, but has not been enacted into law.
Right No.
(i)
(ii)
(iii)
(iv)
There is no imprisonment without trial. It is expressly forbidden by the 1960 Canadian Bill of Rights.
Torture is not used. "Cruel and unsual treatment or punishment" is forbidden by the 1960 Act.
Slavery does not exist.
"Freedom of speech" and the "freedom of the press" are recog- nised as "fundamental freedoms" in the 1960 Act cited above.
The Judiciary are completely in- dependence of the Executive.
Rating suggested by Post
O
O
O
O
(v)
(vi)
"Freedom of assembly and associ- ation" are recognised as a fund- amental freedom under the 1960 Act.
о
(vll)
There is complete freedom to emigrate.
O
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