Saskatchewan Bill of Rights
Encyclopedia
In 1947, a year before the United Nations General Assembly
adopted the Universal Declaration of Human Rights
, Saskatchewan
passed into law a bill of rights which was, and continues to be, unique.
The second category included:
as it protected civil libertarian values. To this day, it is the only legislation in Canada to extend this protection from abuse by powerful private institutions and persons. The explanation for these two important contributions to Canadian civil liberties
law lies in the biography and ideology of Premier
T.C. Douglas.
The Saskatchewan Bill of Rights was a forerunner to the Canadian Bill of Rights
enacted by Prime Minister
John Diefenbaker
's government on August 10, 1960.
charging the strikers with clubs and guns, a streetcar being overturned and set on fire, and a man being shot.
In 1930, Douglas moved to Weyburn following his ordination as a Baptist
minister; a year later, he saw some workers, wounded by bullets shot by the police, brought to Weyburn from the coal workers riot in Estevan. On July 2, 1935, as a Co-operative Commonwealth Federation
(CCF) candidate in a federal by-election, Douglas came to Regina to deliver a radio broadcast and learned about what had occurred in the Regina Riot of the previous day. He went to see an old friend, Dr. Hugh Maclean, who told him that for hours he had been kept busy extracting RCMP bullets from wounded young men who were involved in the On-to-Ottawa Trek
.
For nine years prior to becoming Premier, Douglas served as a member of Parliament for the Weyburn constituency. This was the heyday of fascism
in Germany and Italy. As a member of Parliament, Douglas paid special attention to the abuses of these police states. He kept an ear out, when no one else might notice, for rumours from these places of secret arrests and midnight trials. In sum, Douglas brought to the premiership in 1944 strong interests and credentials as a civil libertarian: this is the very personal story behind the governmental decision to protect fundamental freedoms in the Saskatchewan Bill of Rights.
Extending the reach of this protection from abuse at the hands of private institutions and persons flows from the CCF philosophy that the individual is vulnerable to abuse at the hands of corporations and other powerful private actors, not just at the hands of the state, as traditional liberalism
would have it. The justification for such a bill of fundamental freedoms from abuse by private actors is that no one argues that equality rights ought not to be applied to private actors. All human rights
codes in Canada have as their main purpose protecting individuals from such discrimination in employment, housing, services, professions, and unions.
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
adopted the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
, Saskatchewan
Saskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
passed into law a bill of rights which was, and continues to be, unique.
Features of the Bill
The Saskatchewan Bill of Rights Act, 1947, S.S. 1947, c.35, covered two categories: (1) fundamental freedoms, and (2) equality rights. The first category included:- Section 3 protected freedom of conscience, opinion and religion;
- Section 4 protected freedom of expression;
- Section 5 protected peaceable assembly and association; and
- Section 6 protected against arbitrary arrest and detention.
The second category included:
- Section 8 prohibited discrimination in employment;
- Section 9 prohibited discrimination in occupations and businesses;
- Section 10 prohibited discrimination in property;
- Section 11 prohibited discrimination in accommodation and services; and
- Section 12 prohibited discrimination in professional associations and unions.
Significance of Bill in Canadian Constitutional History
The Saskatchewan Bill of Rights was the first general law prohibiting discrimination in Canada. The first category of the Bill broke new ground in CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
as it protected civil libertarian values. To this day, it is the only legislation in Canada to extend this protection from abuse by powerful private institutions and persons. The explanation for these two important contributions to Canadian civil liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
law lies in the biography and ideology of Premier
Premier
Premier is a title for the head of government in some countries and states.-Examples by country:In many nations, "premier" is used interchangeably with "prime minister"...
T.C. Douglas.
The Saskatchewan Bill of Rights was a forerunner to the Canadian Bill of Rights
Canadian Bill of Rights
The Canadian Bill of Rights is a federal statute and bill of rights enacted by Prime Minister John Diefenbaker's government on August 10, 1960. It provides Canadians with certain quasi-constitutional rights in relation to other federal statutes...
enacted by Prime Minister
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...
John Diefenbaker
John Diefenbaker
John George Diefenbaker, PC, CH, QC was the 13th Prime Minister of Canada, serving from June 21, 1957, to April 22, 1963...
's government on August 10, 1960.
History
Tommy Douglas' resolution to implement a Bill of Rights stemmed from witnessing an incident, as a teenager, involving the actions of the police in suppressing the Winnipeg General Strike: on June 21, 1919, from a rooftop vantage point on Main Street, Douglas witnessed Royal Canadian Mounted PoliceRoyal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
charging the strikers with clubs and guns, a streetcar being overturned and set on fire, and a man being shot.
In 1930, Douglas moved to Weyburn following his ordination as a Baptist
Baptist
Baptists comprise a group of Christian denominations and churches that subscribe to a doctrine that baptism should be performed only for professing believers , and that it must be done by immersion...
minister; a year later, he saw some workers, wounded by bullets shot by the police, brought to Weyburn from the coal workers riot in Estevan. On July 2, 1935, as a Co-operative Commonwealth Federation
Co-operative Commonwealth Federation
The Co-operative Commonwealth Federation was a Canadian political party founded in 1932 in Calgary, Alberta, by a number of socialist, farm, co-operative and labour groups, and the League for Social Reconstruction...
(CCF) candidate in a federal by-election, Douglas came to Regina to deliver a radio broadcast and learned about what had occurred in the Regina Riot of the previous day. He went to see an old friend, Dr. Hugh Maclean, who told him that for hours he had been kept busy extracting RCMP bullets from wounded young men who were involved in the On-to-Ottawa Trek
On-to-Ottawa Trek
The On-to-Ottawa Trek was a long journey where thousands of people had unemployed men protesting the dismal conditions in federal relief camps scattered in remote areas across Western Canada. The men lived and worked in these camps at a rate of twenty cents per day before walking out on strike in...
.
For nine years prior to becoming Premier, Douglas served as a member of Parliament for the Weyburn constituency. This was the heyday of fascism
Fascism
Fascism is a radical authoritarian nationalist political ideology. Fascists seek to rejuvenate their nation based on commitment to the national community as an organic entity, in which individuals are bound together in national identity by suprapersonal connections of ancestry, culture, and blood...
in Germany and Italy. As a member of Parliament, Douglas paid special attention to the abuses of these police states. He kept an ear out, when no one else might notice, for rumours from these places of secret arrests and midnight trials. In sum, Douglas brought to the premiership in 1944 strong interests and credentials as a civil libertarian: this is the very personal story behind the governmental decision to protect fundamental freedoms in the Saskatchewan Bill of Rights.
Extending the reach of this protection from abuse at the hands of private institutions and persons flows from the CCF philosophy that the individual is vulnerable to abuse at the hands of corporations and other powerful private actors, not just at the hands of the state, as traditional liberalism
Liberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
would have it. The justification for such a bill of fundamental freedoms from abuse by private actors is that no one argues that equality rights ought not to be applied to private actors. All human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
codes in Canada have as their main purpose protecting individuals from such discrimination in employment, housing, services, professions, and unions.
See also
- Canadian Bill of RightsCanadian Bill of RightsThe Canadian Bill of Rights is a federal statute and bill of rights enacted by Prime Minister John Diefenbaker's government on August 10, 1960. It provides Canadians with certain quasi-constitutional rights in relation to other federal statutes...
- Constitution of CanadaConstitution of CanadaThe Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
- Canadian Charter of Rights and FreedomsCanadian Charter of Rights and FreedomsThe Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
- Tommy DouglasTommy DouglasThomas Clement "Tommy" Douglas, was a Scottish-born Baptist minister who became a prominent Canadian social democratic politician...
- Human rights in CanadaHuman rights in CanadaSince signing the Universal Declaration of Human Rights in 1948, the Canadian government has attempted to make universal human rights a part of Canadian law...