After the Republic a Bill of Rights

Sometimes it is suggested that a written list of rights limits or denies the existence of other rights. Many countries throughout the world dealt with this notion by inserting a simple provision within their Bill of Rights.

In Canada article 26 of the Charter of Rights and Freedoms states:

"The guarantee in this charter of certain rights and freedoms shall not be construed as denying the existence of any other rights and freedoms that exist in Canada."

What a Bill of Rights does is states that the rights contained within it are so fundamental that governments cannot legislate in contradiction of them. Only the people, by way of referendum, have the power to do so.

What Type Of Rights?

I suspect a Bill of Rights has never been successfully introduced because the instigators have tried to reach too far and include too many rights.

A Bill of Rights needs only to address fundamental civil and political rights, including but not necessarily limited to:

• Freedom of the person - this should include rights for criminal proceedings including the right to consult with a lawyer, the presumption of innocence, the right to be free from retrospective laws and the outlawing of discrimination based upon colour, creed or political persuasion.
• Freedom of ideas - this would include freedom of speech, freedom of the press, freedom to petition and freedom of assembly.
• Freedom of Association - this would include the right not to join a union or alternatively the right to do so.
• Guarantee of Voting Rights - this would reduce the risk of gerrymanders.

Conclusion

Our Constitution already outlines a framework for Government within which it can legislate so where is the problem with including fundamental civil and political rights?

Too often we take our rights for granted - yet governments can chop and change them as they see fit.

A Bill of Rights may not be the comprehensive answer to protecting basic rights but it goes a long way to rectifying such injustices.

It is time we applied a handbrake to the exercise of power by Governments and bureaucracies.