Mr. Speaker, I am pleased this evening to have the opportunity to speak to Bill C-284, brought forward by the hon. member for Yorkton-Melville. The bill proposes that the Canadian Bill of Rights be changed to provide further protection pursuant to property rights.
The Canadian Bill of Rights is part of Canada's longstanding tradition to human rights. The bill has included provisions protecting property rights since it has been in force. Section 1 of the bill of rights recognizes the right of the individual to life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof except by due process of law.
Property rights are also protected at the federal level by statute and common law. Federal statutes that regulate the disposition of property have been designed to ensure that people are treated fairly. That is, these laws provide for fair procedures and for fair compensation where property rights are affected.
Property rights are also protected at the provincial level. For example, the Alberta Individual Rights Protection Act protects the ownership of property by a due a process clause. The Quebec Charter of Human Rights and Freedoms provides some protection to the peaceful enjoyment and free disposition of his or her property.
The common law also protects property rights. For example, judges frequently apply the presumption of compensation where someone is deprived of their property.
It is important to remember that the Constitution assigns much of the responsibility for regulating property to the provinces. In fact, section 92(13) of the Constitution Act provides that the provinces have exclusive power to make laws relating to property and civil rights in the province.
That is not to say that the federal government cannot legislate in ways that affect property, but that its jurisdiction is limited in these respects.
On the whole, the average Canadian enjoys a very high level of protection for property rights under the statutes and the common law applicable at the federal level, including already the Canadian Bill of Rights.
I would venture to say this is generally true at the provincial level as well. This protection reflects the value that we as Canadians place on property rights. The right to own things, a home, a car or other possessions, is basic to our way of life. The right to use and dispose of property is also fundamental, although we recognize that these are not unlimited rights, which the hon. member for Yorkton-Melville recognized very explicitly in his speech.
In Canada we place a very high value on property rights, the right to own many of our possessions. The right to use or dispose of the property is also very fundamental to our way of life. These rights we value very highly in this country of ours. These property rights are ingrained in our legal system. They are ingrained in statutes at the federal level. They are ingrained in statutes at the
provincial level. They are ingrained in human rights legislation at the federal level and within the common law.
In fact, a basic premise of our legal system is the right to own and dispose of property. Our laws, whether legislated or judge made, are replete with examples of rules concerning the ownership and use of property.
For example, our laws concerning real property, lands and buildings contain many rules protecting both purchasers and vendors. Thus when I consider the broad range of legislation and judicial precedence that protects property rights, it is not clear to me that the solution offered by the hon. member provides any further protection. Taking that into account, it is important to reflect on what the proposed amendment would actually do.
It singles out property rights from all the other rights in the Canadian Bill of Rights for very special protection. Again, section 1 of the Canadian Bill of Rights recognizes the rights of the individual to life, to liberty, to security of the person and enjoyment of property.
Out of all those very fundamental rights to Canadians, the Reform Party tries to raise property rights up for special protection. It seems that all of these rights are very important. When one considers the right to life and liberty, certainly one would not raise the value of property higher than those very special and important rights to all of Canadians.
I do not understand why we would want to have this particular amendment. It would end up establishing a hierarchy of rights in the Canadian Bill of Rights which would not be appropriate. Each of the rights in the Canadian Bill of Rights is of equal importance. They are all very important. To say that one is more important than the other would not be appropriate.
The Canadian Bill of Rights is historically significant. It represents one of the first steps toward a constitutionally entrenched bill of rights. Just over 20 years after the Canadian Bill of Rights was enacted, we did provide constitutional protections in the form of the Canadian Charter of Rights and Freedoms. Since then our energies have been focused on the charter. In light of that evolution, I do not think we should be revisiting the Canadian Bill of Rights.
As I mentioned earlier, the right to own and dispose of property is not an unlimited right. It is limited by laws that regulate the use of property in the public interest. For example, land use, planning and zoning laws may limit the type of building that can be placed on residential lots. They may limit the type of construction in certain types of business districts.
Environmental laws regulate everything from the disposal of hazardous waste to the removal of trees. There are laws that regulate the ownership of transactions and shares in limited companies. Other laws regulate bankruptcy and the ownership of land by non-Canadians and so on. All of these laws impose real limits on the ownership and use of property.
No one disputes that these are necessary limits in a free and democratic society. When that is realized, it is incumbent on us to think carefully about the implications of amending the property rights protection in a general human rights document.
I am concerned about what effect a general and broad provision on property rights may have on these laws. I am equally concerned that socially important legislation could be challenged in the courts on the basis of such considerations.
The United States has had considerable experience with property rights and we can learn from its experience. Initially constitutional property rights were used in the United States to prevent socially useful legislation such as regulating hours of work. Later on the courts adopted a more enlightened view but still attempts to regulate the environment or trade in endangered birds or land use have been met with court challenges based on conflict with property rights in the American bill of rights. This sort of general provision has complicated the regulation of whole varieties of areas germane to the public interest.
Canadian courts have demonstrated that they will go their own way in interpreting the provisions of the charter and our other human rights laws. However, the proposed amendments would leave us with uncertainty about the meaning of property rights and the effect of the amendment on a wide variety of laws that touch on property in one way or the other.
I certainly have a great deal of sympathy for the purpose behind Bill C-284. Like the hon. member for Yorkton-Melville, I feel very strongly about the importance of property rights in our society and legal system.
Having said that, I would also say that so far as I am concerned we have more than adequate protections in our statute law and common law for property rights. Not only do I not see the necessity for the proposed amendment to the Canadian Bill of Rights but I am also concerned in some respects about its impact.
In light of the American experience I would think it far better that we continue to rely on the very extensive protections of property rights that already exist in our laws. For these reasons I cannot support the bill.
When we look at the history of our nation, the history of the evolution of property rights within the common law system, going back to the system of law evolving in many provinces and in the national government from the common law of England, we have
that basis. The basis is stated in many statutes designed to protect property rights from the actions of government or other individuals. This is both at the federal and provincial levels. At the municipal level these would be covered by provincial statute.
All of these types of protections are offered our citizens as we enjoy property of various types. The protection of our property is important. Our common law and statute law are absolutely replete with examples of how we seek to protect and ensure that our citizens can enjoy their property fully and completely without fetter, without hindrance from other individuals, government and so on.
While the hon. member's bill is well intended, I believe that if we closely examine the protections that are currently available to all citizens of Canada-