2nd Session, 36th Parliament,
48-49 Elizabeth II, 1999-2000

The House of Commons of Canada

BILL C-437

An Act to amend An Act for the Recognition and Protection of Human Rights and Fundamental Freedoms and to amend the Constitution Act, 1867

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1960, c. 44; 1970-71-72, c. 38; 1985, c. 26; 1992, c. 1

AN ACT FOR THE RECOGNITION AND PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

1. Paragraph 1(a) of An Act for the Recognition and Protection of Human Rights and Fundamental Freedoms is replaced by the following:

    (a) the right of the individual to life, liberty and security of the person, and the right not to be deprived thereof except by due process of law;

2. The portion of section 2 of the Act before paragraph (a) is replaced by the following:

Construction of law

2. Every law of Canada shall, unless it is expressly declared by an Act of the Parliament of Canada that it shall operate notwithstanding the Canadian Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgement or infringement of any of the rights or freedoms recognized and declared in section 1, and in particular, no law of Canada shall be construed or applied so as to

3. The Act is amended by adding the following after section 2:

Right to enjoy property

2.1 (1) Subject to subsections (2) and (3), every person has the right to the enjoyment of that person's property.

Right not to be deprived of property without hearing, etc.

(2) Subject to subsection (3), every person has the right not to be deprived of that person's property unless the person

    (a) is accorded a fair hearing in accordance with the principles of fundamental justice, and

    (b) is paid fair compensation in respect of the property,

and the amount of that compensation is fixed impartially and is paid within a reasonable amount of time after the person is deprived of the property.

Limitation

(3) The rights set out in this section are guaranteed subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Enforcement of property rights

(4) A person whose rights, as set out in this section, 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.

Exception where express declaration

2.2 (1) Subject to subsection (2), any law of Canada that is inconsistent with section 2.1 is, to the extent of the inconsistency, of no force or effect unless it is expressly declared in an Act of the Parliament of Canada that the law shall operate notwithstanding section 2.1 of the Canadian Bill of Rights.

Exception where express declaration

(2) Where an Act of Parliament contains a declaration referred to in subsection (1) and that declaration is a declaration that purports to apply generally to laws of Canada or to a class of such laws described in general terms, that declaration is not an express declaration within the meaning of that subsection.

Five year limitation

(3) A declaration referred to in 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.

Re-enactment

(4) Parliament may re-enact a declaration referred to in subsection (1).

Five year limitation

(5) Subsection (3) applies in respect of a re-enactment made under subsection (4).

4. Subsections 5(1) and (2) of the Act are replaced by the following:

Savings

5. (1) Nothing in Part I shall be construed to abrogate or abridge any human right, property right or fundamental freedom not set out therein that may have existed in Canada on August 10, 1960 .

``law of Canada'' defined

(2) The expression ``law of Canada'' in Part I means

    (a) an Act of the Parliament of Canada enacted before, on or after August 10, 1960 or any order, rule or regulation thereunder, and, for the purposes of section 2.2, includes any act taken pursuant to a power granted by that Act or any order, rule or regulation thereunder that is taken on or after the coming into force of this subsection; and

    (b) any law in force in Canada or in any part of Canada on August 10, 1960 that is subject to be repealed, abolished or altered by the Parliament of Canada, and, for the purposes of section 2.2, includes any act taken pursuant to a power authorized by that law that is taken on or after the coming into force of this subsection.

5. The Act is amended by adding the following after section 5:

Amending procedure, etc.

6. The adoption by the House of Commons of any bill introduced in or presented to that House that

    (a) contains an express declaration that a law of Canada shall operate notwithstanding section 2.1 of the Canadian Bill of Rights,

    (b) proposes to amend or repeal section 2.1, 2.2 or 5 or this section or delegate power to amend or repeal any of those provisions, or

    (c) proposes to re-enact a declaration referred to in subsection 2.2(1)

shall require the votes of at least two-thirds of the members of the House of Commons.

30 and 31 Vict., c. 3

CONSTITUTION ACT, 1867

6. The Constitution Act, 1867 is amended by adding the following after section 49:

Exception

49.1 Notwithstanding section 48 or 49, an Act of the Parliament of Canada may provide that the adoption by the House of Commons of a bill introduced in or presented to that House shall require the votes of at least two-thirds of the members of the House of Commons.

Exception

49.2 Notwithstanding section 48 or 49, it shall not be lawful for the House of Commons to adopt a bill that proposes to amend or repeal section 49.1 or this section or delegate power to amend or repeal either of those sections unless at least two-thirds of the members of that House vote to adopt the bill.