House of Commons Hansard #159 of the 35th Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was right.

Topics

Property RightsPrivate Members' Business

2:15 p.m.

Reform

Ted White Reform North Vancouver, BC

Mr. Speaker, members of this House will know that I often use New Zealand as an example in some of my speeches on economic affairs.

I do so not because I believe that everything that New Zealand has done is right but because I believe that we have a lot to learn from looking at the experience of others who have also faced similar problems.

There are lessons to be learned from history about property rights. We need to take a look at the experiences of others in assessing whether property rights should be in our charter.

We have plenty of recorded history at our disposal. For example, we know the histories of ancient Rome, Greece, China, Egypt and Mesopotamia. We know what happened in classical times, medieval times, the industrial revolution and even modern times. Everything is documented. We know plenty about Britain, Canada, Australia, New Zealand, Russia, the United States and Cambodia. By studying the historical records of these places and times we can quickly see which government did not respect property rights and which did. We can see that those that did not respect property rights ended up with their people living in misery and poverty.

Perhaps it starts innocently enough. A government promises to regulate the economy for the common good, to redistribute the wealth more fairly, to make the rich pay their fair share and to close the loopholes. I have the feeling that I have heard these words before, a naive assumption that the government knows best and the average citizen needs to be protected from himself.

History is full of examples. Whether headed by a madman like Stalin or Hitler or by well meaning dreamers like Nehru and Nyerere, they always fail. Along the way they produce conflicts instead of peace, famine instead of plenty, poverty instead of prosperity. Instead of more and better rights than those we hold in a line from the Magna Carta, they deliver fewer and worse rights. Instead of delivering the gilded cage they deliver only the cage.

I challenge members to name one society that respected property rights where the people are not better off. I also challenge them to name one society where the government did not respect property rights where they are not worse off. The more protected the right to property, the better the living conditions and the better the societal order.

History also teaches us that when property rights are protected so are personal rights. Along with the loss of property rights comes the loss of personal rights, loss of freedom of speech and loss of decency in society. Property rights are the foundation of a decent society. They are the most important human right.

It amazes me that we have a Constitution and a Charter of Rights and Freedoms that guarantee the lengthy avoidance of deportation by known criminals who have come into Canada as bogus refugees but do not guarantee property rights to law-abiding citizens.

It amazes me that we have a Constitution and a Charter of Rights and Freedoms that permit crimes to be committed under a defence of drunkenness but do not protect the property rights of law-abiding citizens. Canadians are supposed to feel good about their Constitution. No wonder they are disgusted with it.

The motion put forward by the Reform Party member for Skeena is an excellent one which the government would do well to acknowledge and act upon.

In addition to all of that, the Deputy Prime Minister said she would resign if the GST had not gone in one year and she still has not done it.

Property RightsPrivate Members' Business

2:20 p.m.

Reform

Jack Frazer Reform Saanich—Gulf Islands, BC

Mr. Speaker, I am very pleased to be able to speak to Motion 301 by my colleague from Skeena.

At issue here is the case for including property rights in the Canadian Constitution. During the three years I worked in Tanzania I saw the transition from a government with a strong, ideological belief in socialism where everybody owns everything and nobody owns anything to a society which accepted that it is human nature for people to want a plot of land or a piece of equipment or a business to call their very own.

That desire had also been there but it had been subjugated by the government and it was only when the change was made that pride and productivity began to improve.

As Canadians we enjoy the right to property but at the moment this right is at the pleasure of our government. Our only property rights are to be found in common case law developed over centuries and recognized by our courts.

At present, federal or provincial courts can arbitrarily take these rights away, setting their own value and overriding the right of the individual to establish what he or she considers to be fair and equitable compensation.

The establishment of property right is long over due and both federal and provincial governments should take prompt action to entrench them.

Traditionally democracies have been based on four fundamental rights: life, liberty, security of the person and the right to have and hold property. Property rights go back to the Magna Carta. The United Nations universal declaration of human rights in 1948 included property rights.

Property rights were included in section 1(a) of the Canadian Bill of Rights in 1960. The 1981 original draft of the Canadian Charter of Rights and Freedoms included property rights but they were deleted in political bargaining.

Perhaps particularly meaningful to my liberal colleagues across the floor, the Right Hon. Prime Minister Pierre Elliott Trudeau wrote in 1983: "I reiterate the full support of my government for the passage of a parliamentary resolution to entrench property rights in our Constitution".

At least 24 countries including the U.S., Australia, Italy, Germany, Sweden and Finland have protected property rights within their constitution.

No reasonable person would question the right of a government to appropriate property needed for the common good of society, but the rights of that person to be justly compensated for the deprivation should be clearly stated and protected. Entrenching property rights in the Constitution would obligate any authority expropriating property to be accountable to the citizens of our country. As a fundamental right, property should be afforded the same constitutional protection as our right to life, liberty and security of the person.

The government should provide this protection and when the necessities of the common good override this personal right, provisions should be made to ensure fundamental justice is assured.

Let us hope that there will be no lack of political will to provide this basic human right for our citizens.

Property RightsPrivate Members' Business

2:25 p.m.

Reform

Mike Scott Reform Skeena, BC

Mr. Speaker, on a point of order, I ask the unanimous consent of this House to make this important motion votable.

Property RightsPrivate Members' Business

2:25 p.m.

Some hon. members

No.

Property RightsPrivate Members' Business

2:25 p.m.

The Deputy Speaker

The member has asked the question. There have been negatives indicated. I understand the hon. member has a second point of order.

Property RightsPrivate Members' Business

2:25 p.m.

Reform

Mike Scott Reform Skeena, BC

Mr. Speaker, I then ask the unanimous consent of this House to refer this important motion to the Standing Committee on Human Rights and the Status of Disabled Persons for further consideration.

Property RightsPrivate Members' Business

2:25 p.m.

Some hon. members

No.

Property RightsPrivate Members' Business

2:25 p.m.

The Deputy Speaker

The indication has been that there is not unanimous consent to the second request by the member.

Property RightsPrivate Members' Business

2:25 p.m.

Liberal

Marlene Catterall Liberal Ottawa West, ON

Mr. Speaker, I wanted to raise a couple of points because in the few minutes I have been listening to this debate I have never heard such drivel of such total lack of logic, devious reasoning, and any lack of understanding of a people governing themselves as a community who believe that together we can have a life that is better than the dog eat dog survival of the fittest mode where only the individual and the one with the strongest fangs or the longest rifle survives.

I have heard a suggestion that not having property rights in the Constitution leads to misery and poverty. I have not heard one example of a country which I could challenge where having property rights in the Constitution leads to wealth and joy.

On the contrary, the United Nations has twice deemed this a country, which has never had property rights in its Constitution,

the most blessed country in the world in which to live based on quality of life and standard of living. That alone I think belies some of the arguments we have heard in this House today.

The least we owe Canadians when we use the time of this House is logic, reason and truth. There has been a fair bit of that lacking in this debate.

Property RightsPrivate Members' Business

2:25 p.m.

The Deputy Speaker

The time provided for the consideration of Private Members' Business has now expired. Accordingly, the order is dropped from the Order Paper.

It being 2.30 p.m., the House adjourned until 11 a.m. on Monday, February 27.

(The House adjourned at 2.30 p.m.)