Mr. Speaker, I am very pleased to have the opportunity to speak on this motion brought forward by the hon. member for Comox-Alberni.
The motion proposes that the Canadian Bill of Rights be changed by modifying the existing provisions on property rights. The Canadian Bill of Rights currently contains provisions protecting property rights. Section 1 recognizes the right of the individual to life, liberty, security of the person, the enjoyment of property and the right not to be deprived thereof except by due process of law.
This right is already protected by the Canadian Bill of Rights. It is also protected at the federal level by statute and common law. It is important to remember that the Canadian Bill of Rights applies only to the federal government, unlike the Canadian Charter of Rights and Freedoms which applies to all levels of government.
It is also 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 may exclusively 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 its jurisdiction is limited in these respects. Federal statutes do not regulate the disposition of property. However, these statutes have been designed to ensure that people are treated fairly. These laws provide for fair procedures and for fair compensation where property rights are affected.
In addition, common law provides innumerable protections for property rights. Property rights are a fundamental part of our legal system and the law provides, in many ways, for their recognition.
For example, there is the common law presumption of compensation where someone is deprived of property. On the whole, the average person in Canada enjoys a very high level of protection for property rights under the statutes and common law applicable at the federal level, including the provisions of the Canadian Bill of Rights. I venture to say that this is generally true at the provincial level as well.
In support of the motion, the hon. member for Comox-Alberni mentioned that in the protection of property rights one would be protecting the family farm and one's home, but these are clearly areas that would be regulated by provincial legislation, as is done at this time.
All this protection of property rights reflects the value that Canadians place on property rights. The right to own a home, a car, other possessions is very basic to our way of life. The right to use and dispose of property is also fundamental, although we recognize these are not unlimited rights, something I will come back to later.
Property rights are ingrained in our legal system. In fact, one of the premises 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, laws concerning real property, that is lands and buildings, contain many rules protecting both purchasers and vendors. In most provinces these rules have been built into statutes regulating the purchase and sale of property.
When I consider the broad range of legislation and judicial precedent that protects property rights, it is not clear to me that
further protections are necessary in the Canadian Bill of the Rights. Taking that into account, it is important to reflect on what the proposed amendment would actually do.
It would single out property rights from all other rights in the Canadian Bill of Rights for special protection. It would only amend the property rights provision, not the other rights protected in the Canadian Bill of Rights. I do not understand why we would want to do this, why we would want special protection for one set of rights and not for others that are also basic to life in Canada.
It would establish a hierarchy of rights in the Canadian Bill of Rights which I do not think would be appropriate. Each of the rights in the Canadian Bill of Rights is of equal importance.
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 constitutional protections were provided in the Canadian Charter of Rights and Freedoms. Since then our energies have been focused on it.
I do not think we should be revisiting the Canadian Bill of Rights. If we do we would be inviting all other kinds of amendments. We spent a great deal of time debating the Canadian Charter of Rights and Freedoms. We saw fit to adopt the charter and I do not think we should let ourselves be drawn back into these debates in the context of the Canadian Bill of Rights.
The charter has had significant impact on Canadian society and will continue to do so. We should continue to focus our energies on the charter and its implementation.
I spoke earlier about how the right to own and dispose of property is not an unlimited right. I also mentioned that we have many laws that regulate the ownership and use of property in Canadian society. Municipal laws, environmental laws, laws regulating incorporation and the operation of limited companies, laws regulating the division of family property, succession and estate planning laws, personal property security laws are just some of the myriad of laws that affect either the ownership or the use of property.
It is difficult to think of laws that do not affect or touch on property in one way or the other. When we realize this it is incumbent on us to think carefully about the implications of amending the property rights protection in a general human rights document.
The United States has had considerable experience with property rights. Its early experience was not very good. Constitutional property rights were used to prevent socially useful legislation such as laws regulating the hours of work.
Later the courts adopted a more enlightened view. Still, attempts to regulate the environment, trade in endangered birds and land use have met with court challenges based on a conflict with property rights and their bill of rights. This sort of general provision complicated the regulation of a whole variety of areas very germane and necessary to the public interest.
Another problem we can identify from the American context and experience is that American courts have extended the concept of property to embrace things not conceived of when property rights were adopted.
It seems licences and government jobs are interpreted as forms of property to which property rights provisions of the U.S. Bill of Rights apply. Of course, Canadian courts have demonstrated they will go their own way in interpreting the provisions of the charter and are other human rights laws.
This is evident by many rulings of our courts across the land in conjunction to applying the charter of rights and freedoms to the Criminal Code and other statutes. It is apparent the Canadian courts have taken a distinctly Canadian approach to the charter and basic human rights laws.
However, the proposed amendments would leave us with uncertainty about the meaning of property rights as they are presently put forward by the member for Comox-Alberni and the effect on a wide variety of laws that touch on property in one way or the other.
At the federal level we have environmental laws, land use laws, laws providing for establishment and operation of corporations and the ownership and disposition of shares, laws on banking, laws on bankruptcy and copyright laws.
Each of these laws touches in some way on the ownership and use of property. Each of these laws serves an important public purpose. I am concerned about what effect a general and broad provision for property rights may have on these laws. I am concerned that socially important legislation may be challenged in the courts. If these are issues about design and the operation of such legislation, they should be addressed by Parliament.
I recognize the good intentions behind this motion. Like the hon. member for Comox-Alberni, I feel strongly about the importance of property rights in our society and legal system.
However, as far as I am concerned we have more than adequate protections in our statute law and in the common law for property rights. I do not see the necessity for the proposed amendments specifically to the Canadian Bill of Rights. Rather, I am concerned about its impact.
In light of the American experience, it is not clear how it would be interpreted. It is far better that we continue to rely on the extensive protections of property rights that already exist in our law.
For reasons I have stated, whether it be concern of how a very broad or loosely worded statement of rights would be interpreted by the courts, whether it is the other concerns I have mentioned, I respectfully disagree with this motion, although in general I share the concern and support for property rights.