INDIVIDUAL RIGHTS
A STATEMENT BY THE HONOURABLE WILLIAM G. DAVIS, PREMIER OF ONTARIO, TO THE FEDERAL-PROVINCIAL CONFERENCE OF FIRST MINISTERS ON THE CONSTITUTION
OTTAWA, ONTARIO
MONDAY, OCTOBER 30, 1978

INDIVIDUAL RIGHTS
THE UNIQUE DISTINGUISHING FEATURE OF A GENUINE
DEMOCRACY ARE THE RIGHTS AND FREEDOMS THAT ITs INHABITANTS
ENJOY- CANADA SHARES THIs vITAL cHARAcTERIsTIc NITH OTHER
WESTERN DEMOCRACIES- INDIVIDUAL RIGHTS ARE THE CORNERSTONE
OF OUR SYSTEM OF GOVERNMENT, AND ADHERENCE TO SUCH RIGHTS IS
CRUCIAL T0 MAINTAINING A HEALTHY, TOLERANT SOCIETY-
THE ISSUE BEFORE us IS NOT NHETHER NE ARE FOR OR
AGAINST INDIVIDUAL RIGHTS- THAT IS NOT IN DISPUTE- RATHER,
NHAT NE ARE BEING ASKED To cONsIDER Is HOW BEST To PROTECT
THEsE RIGHTS IN TODAY’S COMPLEX SOCIETY- IN EFFECT, OUR TASK
Is To DECIDE THAT coMBINATIoN OF UNWRITTEN c0MM0N LAN,
ORDINARY sTATuTEs, AND coNsTITuTIoNAL PROVISIONS NILL M0sT
EFFECTIVELY SERVE To SAFEGUARD THE BASIC RIGHTS OF CANADIANs-
IN ONTARIO, THE COMMON LAN TRADITIONS THAT NE HAVE
INHERITED FROM BRITAIN ARE THE SOURCE OF OUR RIsHTs- 0vER
THE YEAR§, HowEvER, NE HAvE DEFINED AND SUPPLEMENTED THE
COMMON LAN NITH STATUTORY PROVISIONS» You MAY REMEMBER THAT
0NTARIo NAs THE FIRST PROVINCE To INSTITUTE A HUMAN RIGHTS
CODE IN 1962, AND TO cREATE A HUMAN RIGHTS COMMIssION TO
ENSURE THAT THE RIGHTS GRANTED BY LAN ARE ENJOYED BY EVERYONE
LIVING AND WORKING IN ONTARIO- ‘

2.
OUR HUMAN RIGHTS LEGISLATION THUS MAKES IT CLEAR
THAT IN ONTARIO EVERY PERSON IS FREE AND EQUAL IN DIGNITY AND
RIGHTS WITHOUT REGARD TO RACE, CREED, COLOUR, NATIONALITY,
SEX, MARITAL STATUS, ANCESTRY OR PLACE OR ORIGIN. THROUGH
THE COMMISSION, IT PROVIDES A MECHANISM TO ENSURE THAT THESE
RIGHTS ARE RESPECTED.
ANDTHER EXAMPLE OF THE STATUTORY PROTECTION OF
RIGHTS IS THE CANADIAN BILL OF RIeHTs INTRODUCED BY FORMER
PRIME MINIsTER JDHN DIEFENBAKER IN 1959. THE PASSAGE OF THIs
BILL BY THE CANADIAN PARLIAMENT WAS A SIGNIFICANT STEP IN
DECLARING OUR BELIEF AS CANADIANS IN THE EQUALITY AND DIGNITY
OF EVERY INDIVIDUAL-
FDR THE PAST TEN YEARs, NE IN CANADA HAvE BEEN
DEBATING THE QUESTION OF WHAT PROPERLY BELONGS IN A REVISED
CoNsTITuTIoN. As PART OF THIS DEBATE, WE HAvE BEEN
CONSIDERING wHETHER SOME OR ALL OF THE BASIC RIeHTs, Now PART
OF OUR COMMON AND STATUTE LAN, SHOULD BE EXPRESSED IN THE
CoNsTITuTIoN.

3.
CLEARLY, TWO SCHOOLS OF THOUGHT HAVE DEVELOPED WITH
REGARD TO THIS MATTER~ THERE ARE THOSE WHO ARGUE THAT A
CONSTITUTIONAL EXPRESSION OF RIGHTS IS NECESSARY TO ENSURE
THAT THEY ARE NOT BREACHED BY TEMPORARY MAJORITIES IN
PARLIAMENT OR PROVINCIAL LEGISLATURES- THOSE HOLDING THIS
POINT OF VIEW WOULD LEAVE IT TO OUR COURTS TO DETERMINE HOW
TO APPLY THESE RIGHTS IN PARTICULAR POLITICAL; ECONOMIC AND
SOCIAL SITUATIONS-
ON THE OTHER HAND, THERE ARE THOSE WHO ARGUE THAT
BY DEFINING INDIVIDUAL RIGHTS IN THE CONSTITUTION, AN
UNNECESSARY ELEMENT OF RIGIDITY WILL BE INTRODUCED INTO OUR
PUBLIC LIFE- SOCIAL VALUES AND CONDITIONS ARE NOT STATIC,
AND MANY OF OUR RIGHTS AND FREEDOMS MUST BE ADJUSTED IN THE
LIGHT OF CHANGED AND CHANGING CIRCUMSTANCES-
, THIs Is MoRE DIFFICULT To ACHIEVE NHEN RIGHTS ARE
ENsHRINED IN THE CoNsTITuTIoN AND ARE SUBJECT TO JUDICIAL
INTERPRETATIoN- THosE NHo HOLD THIS POINT OF vIEw CLAIM THAT
ELECTED REPRESENTATIVES, THROUGH THE LEGISLATIVE PRocEss, ARE
BETTER ABLE To RESPOND TO NEN AND UNFORESEEN coNDITIoNs- FDR
EXAMPLE, THE PASSAGE OF THE ONTARID HuMAN RIGHTS CoDE IN 1962
AND THE SEVERAL AMENDMENTs To IT SINCE THEN ARE AN IMPORTANT
AND CREATIVE LEGISLATIVE RESPONSE TO THE SOCIAL PRoBLEMs
GENERATED BY THE CHANGING NATuRE OF 0NTARIo SOCIETY OVER THE
YEARS-

LT.
_ IN CONSIDERING THESE TWO LEGITIMATE POINTS OF VIEW,
I HAVE COME TO THE UNQUALIFIED CONCLUSION THAT INDIVIDUAL
RIGHTS MUST BE INCLUDED IN THE CONSTITUTION- SUCH RIGHTS
SHOULD BE THOSE ABSOLUTELY ESSENTIAL TO THE MAINTENANCE OF
OUR PARLIAMENTARY AND DEMOCRATIC SYSTEM OF GOVERNMENT; FOR IT
IS ONLY BY MAINTAINING THIS SYSTEM THAT WE CAN CONTINUE TO
ENJOY OUR TRADITIONAL RIGHTS AND FREEDOMS- THIS WAS OUR VIEW
AT VIcToRIA IN 1971- IT REMAINs OUR vIEw TODAY-
IN CLOSING, I WOULD ADD THAT OUR SENSE OF WHAT IS
FAIR AND OF WHAT EVERY CITIZEN IS ENTITLED TO EXPECT FROM
SOCIETY HAS DETERMINED OUR ACTIONS IN THE FIELD OF HUMAN
RIGHTS IN UNTARIO- I AM SURE THAT THE SAME SPIRIT OF JUSTICE
PREVAILS THROUGHOUT THE COUNTRY AND ALL CANADIANS ARE
COMMITTED TO THE PRESERVATION OF BASIC INDIVIDUAL RIGHTS THAT
CANNOT BE DIMINISHED OR TAKEN AWAY- OUR TASK HERE TODAY IS
TO DETERMINE HOW WE CAN BEST PROTECT THESE RIGHTS SO THAT
THEY MAY BE ENJOYED AND PRESERVED FOR GENERATIONS TO COME-
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