What major flaw did the Canadian Bill of Rights have?

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The Canadian Bill of Rights, enacted in 1960, primarily served to protect human rights and fundamental freedoms at the federal level. The critical flaw of applying solely to matters under federal jurisdiction meant that it did not extend its protections to actions taken by provincial governments. As a result, while individuals could seek redress for violations of their rights in federal contexts, such as federal laws and actions, there was no equivalent remedy available for rights violations arising from provincial legislation or actions. This limitation significantly undermined the Bill's effectiveness in safeguarding rights across the entire country, particularly considering that many laws and government actions impacting Canadians were under provincial jurisdiction.

This understanding is pivotal in appreciating the limitations of the Canadian Bill of Rights and highlights the necessity for a more comprehensive framework, which was later addressed by the Canadian Charter of Rights and Freedoms in 1982. The Charter applies to both federal and provincial matters, thus providing a more robust protection mechanism for rights in Canada.

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