York U:
" Canadian Bill of Rights
•S. 2: lists traditional common law legal rights: habeas corpus, no arbitrary detention or imprisonment, no cruel or unusual punishment, no arrest without lawful
reason, right to retain lawyer without delay, right not to be forced to incriminate self, innocent until proven guilty, ind and imp tribunal, reasonable bail, interpreter.
Right to a fair hearing in accord with fundamental justice to determine rights and obligations.
•“notwithstanding clause”. Parliament may insert a clause into any piece of federal legislation that states that the legislation will operate "notwithstanding" the
Canadian Bill of Rights. This preserved legislative supremacy, and paradoxically, also invited courts to strike down legislation contrary to the Bill. This is because
the courts could deem that if Parliament had wanted the Bill not to apply, it would have asserted a "notwithstanding" clause into that bill. Otherwise, according to the
rules of construction, the courts could not give priority to the Bill of Rights over other ordinary legislation. "