1979The Canadian Bar ReviewOpen access

A BILL OF RIGHTS AND FUTURE CONSTITUTIONAL CHANGE

Walter S. Tarnopolsky

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Abstract

The author accepts that there is no longer any question of whether there ought to be a Canadian Bill of Rights, but questions what the nature of that document should be. He explores Bill C-60, focusing on the overriding effect of a Bill of Rights, its definition and scope, and enforcement and remedies. He concludes that the Bill of Rights will never be amended except to improve it, and that the current or a strengthened version will become an entrenched constitutional document should the B.N.A. Act be patriated or replaced.

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What this paper is about

The author accepts that there is no longer any question of whether there ought to be a Canadian Bill of Rights, but questions what the nature of that document should be. He explores Bill C-60, focusing on the overriding effect of a Bill of Rights, its definition and scope, and enforcement and remedies. He concludes that the Bill of Rights will never be amended except to improve it, and that the current or a strengthened version will become an entrenched constitutional document should the B.N.A. Act be patriated or replaced.

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Available abstract

The author accepts that there is no longer any question of whether there ought to be a Canadian Bill of Rights, but questions what the nature of that document should be. He explores Bill C-60, focusing on the overriding effect of a Bill of Rights, its definition and scope, and enforcement and remedies. He concludes that the Bill of Rights will never be amended except to improve it, and that the current or a strengthened version will become an entrenched constitutional document should the B.N.A. Act be patriated or replaced.

Key concepts: Bill of rights, Political science, Scope (computer science), Law, Enforcement, Law and economics, Human rights, Sociology

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