Canada's New Charter of Rights

Abstract

Canada was forned in 1867 by the union of three of the British North American colonies.' These colonies differed from the republic the south in their loyalty the British Crown. That loyalty manifested itself not only in a continuing colonial relationship between the new Dominion of Canada and the United Kingdom,2 but also in an acceptance by the Canadians of British political and constitutional values. Chief among these values was the sovereignty of Parliament, defined by Dicey as the power to make or unmake any law whatever.3 In the United Kingdom there were, and perhaps still are, no limits on legislative power.4 No constituent instrument is protected from ordinary legislative change,5 and in particular no bill of rights denies the Parliament the power destroy or curtail civil liberties. Judicial review of legislation is therefore unheard of in the United Kingdom. The federal character of the new Dominion of Canada required that legislative power be distributed between the federal Parliament