ABSTRACT

The enactment of the British North America Act 1867, legally named the Constitution Act 1867, set into place a parliamentary system of government in Canada. The federal Government of Canada and all provinces follow a common law tradition, with the exception of the Province of Quebec which follows a civil code. At Confederation, Canada inherited the British tradition in regard to federal affairs and hence rights were not guaranteed under a constitutionally entrenched bill of rights. The common law system in Canada did, however, guarantee individual rights and freedoms by tradition. Canada was an active participant in the discussions in and around the establishment of the United Nations and the subsequent enactment of the Universal Declaration of Human Rights. In Canada, the recognition of human rights such as its part in, and support of, the United Nation’s Universal Declaration of Human Rights set the stage for deeper commitment to guaranteeing individual basic rights and fundamental freedoms.