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Dear Members: I promised yott sortie months ago that I would write briefly about the Bill of Rights as I have read and studied it. ‘ Legislative powers in our federal system of government are exercised by the federal and provincial govern- ments as set out in accordance witlt the Constitution Act of 1867 (former- ly known as the BNA Act ltlfi'i) and any amendments to it. Changes were made to the ('on- stitution on April l7. l982 in the Canada Acl. The Constitution con» sists of the Canada Act Will. in‘ cluding the Constitution Act 1982. which contains the Canadian Charter of Rights and Freedoms. and all the Constitutional Acts and orders adopted since |867 including the Constitution Act IBM. The Canadian Charter of Rights and Freedoms contains provisions relating to the principles of equality. At the federal level. the charter apv plies to Parliament and the govern» ment of Canada; at the provincial level it applies to the legislature and government of each province with respect to all matters within their authority. The Canadian Bill of Rights is not part of the Constitution of Canada but it may be used to render in- operable federal laws which are in- consistent with the Constitution. Sec tion (B) states that in Canada there has existed. and will exist without discrimination. the right of the in- dividual before the law and protec- tion ofthe law regardless of race. na- tional origin, colour. religion or sex. The federal government and pro- vincial governments all have human rights statutes. They reaffirm the principle ofthe equality of men and women. By the mid 1970‘s all provinces had established human rights commis- sions to administer their human rights legislation.‘ I urge you to become familiar with the Ontario Human Rights Code. The preamble to this code states. “it is public policy in Ontario to recog- ni/c tlte digitin and worth of every person and to provide for equal rights and opportunities without discrimi- nation that is contrary to law."k Revisions to the Codes in 19?“ in~ elude a clause giving it primacy over other acts cvccpt where sttch acts specifically provide for application “notwithstanding this Act." (5 46 ill) This is indeed very brief informa- tion btit it is basic to study our new Constitution and the Bill of Rights. As | write this there is much being written in the newspapers and ntttch shown on T.V, regarding Section 15 of the Charter of Rights which is to become effective on April 17. You will recall that the passage of this secâ€" tion was to be delayed for three years to allow all governments to review their existing laws and change them to conform to Section 15. which guarantees that "every individual is equal before and under the lats and has the right to the equal protection and benefit ofthe law without discriA mination". Specifically it mentions discrimination “based on race. na- tional or ethnic origin. color. religion. set, age or mental or physical handicap." This seems very straightforward and clear to you and me and to the average Citizen. Bttt when one gives it serious thought even a layman can start to ask questions and certainly the lawyers are doing so. First one might ask. “What is equality"? Can women claim the right to maternal benefits it‘there is no equal right for men? Can homosexuals and lesbians and prostitutes claim equality under the law or will they claim they are be- ing discriminated against? Can those in the workforce who wish to work as long as they wish. do so instead of having to retire at 65? We could go on and on in our questions. Section 15 will be a subject of concern for years to come as the courts define the specifics of the law. Section 28 of the Charter, fought for by women three years ago, is a vital guarantee that rights are “guaranteed equally to male and female persons”. Section 15 of the Charter has two limiting rights iflehcrateh lflflumen’a Zlnatimtea of (E31151th through two sections 7 Section | and Section 33. Section 1 guarantees "the rights and freedoms set out in it stllJJEL'l onA ly to such reasonable limits prescribed by law as can he demonstrath ittsti~ fied in a free and democratic socie- ty". The burden of proving what is “reasonable” is left to the courts. The other limitation is in Section 33. It provides that "Parliament or the legislature of a province may ex- pressly declare an Act of Parliament or of the Legislature. that the Act or a provision thereof shall operate not- withstanding a provision included in Section 1 or Sections 7 to 15 of the Chartch It also states that a parlia- ment of a province may re»enact a declaration made under Section (I). You can see that it \\ill take lawyers to “sort this one out" but we have a unique privilege. and. I be- lieve. a responsibility to keep our, selves abreast of the implications and progress of matters leading to inter, pretation of the sections in the Charter of Rights and voice our opi- nions when \\e are able. Most par- ticularly. let us study our Ontario Human Rights Code. Moulding and testing our oun Constitution will be a long process and one that is vital to us all. hence the need for our understanding and involvement. Sincerely Bernice B. Nohlitt President. F.W.I.C. Sources: *Convemion on the Elimination of all F arms 0 f Discrimination Against Women Report of C [Mada I 983 . De- partment! of Secretary of State. Ottawa. H & C Summer '85 5