Implied bill of rights

The implied bill of rights (French: déclaration des droits implicite) is a theory in Canadian jurisprudence which proposed that as a consequence of the British North America Act, certain important civil liberties could not be abrogated by the government.[1][2] The theory was never adopted in a majority decision of the Supreme Court of Canada, and was rejected by the court in 1978.[1] The enactment and interpretation of the statutory Bill of Rights, and later the constitutional Charter of Rights and Freedoms, provided alternative formulations of the limits applicable to civil liberties.

  1. ^ a b Mads Tønnesson Andenæs; Duncan Fairgrieve, eds. (2015). Courts and Comparative Law. Oxford University Press. pp. 381–. ISBN 978-0-19-873533-5. OCLC 1034568354.
  2. ^ Gibson 1966, p. 497.

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