Mr. Speaker, I am very happy to speak to this motion put forward by the hon. member for Comox-Alberni, which deals with property rights, essentially demanding that these rights be included in the Canadian Charter of Rights and Freedoms.
Before getting into the substance of this motion, I will say that I am somewhat surprised to see our colleagues from the Reform Party bring back this debate for the second time in this House. Not that the debate on property rights or the rights themselves are not important, quite the contrary. I will get back to this. In a way, this motion shows the priorities of the so-called Reform Party, which would deny the right of individuals to be what they are, be they black or gay, as we saw during the debate on Bill C-33.
Denying this right would, for example, make it impossible for some individuals recognized as gay or lesbian to work or cause them to lose their jobs. Yet, if this gay individual manages to work without anyone knowing his or her sexual orientation and to own some property, our friends in the Reform Party will move heaven and earth so that his or her property rights are recognized and defended in the face of all opposition. So I am somewhat puzzled as to that party's priorities.
That said, the property rights referred to in the motion are, of course, important rights that have been recognized for centuries, I would say, in our society. They lie at the very foundation of how our society works in several areas, if one considers, among other things, property taxes or the fact that the right to vote in school council elections is linked to property rights, which have been recognized and set out, again for several decades, in the laws enacted by provincial legislatures. However, before we include these rights in the charter of rights and freedoms, there are questions we must ask. We must question the real intentions, the motives behind this proposal.
If we include property rights in the charter of rights and if these rights become immutable, it would not be a step forward but rather a setback for our society. It would, in a way, bring us back to the mentality prevailing in the last century, when property rights could be used to thwart social progress or to prevent most members of a group or population from moving forward.
I am convinced these property rights were demanded on several occasions by wealthy landowners in South America and elsewhere in the world. In three or four countries, most of the land was owned by these people. I guess that, when the people in those countries or regions rose up against this situation, landowners used their property rights to argue that they had to keep the lands they owned, thus forestalling any social progress for these groups of people.
Like my colleague from the Liberal Party, I pointed out that property rights are important, basic rights that must be preserved and which are indeed protected under our current legislation.
Take expropriation, for instance. Our provincial legislation provides a mechanism governing expropriation. Under this mechanism, the government is required to give sufficient notice to those being expropriated so they can assert their right to a fair and equitable assessment of their property-this decision can be challenged before the courts-and thus obtain fair compensation. These are precisely the considerations set out in the motion put forward by the hon. member for Comox-Alberni. All this already exists, is already being done.
I have not seen, in my riding or in Quebec, anyone take to the streets or what not to ask for the property right to be strengthened.
As I said at the beginning of my speech, to oppose or compare the property right to other fundamental rights enshrined in the Canadian Charter of Rights and Freedoms, such as the freedom of conscience and religion, the freedom of expression, the freedom of association, the right to dissent, the right to vote, the right to life, the right to equality, which are all rights designed to protect the identity of individuals, is not really sound and valid.
How is a person's identity affected by the property right per se? Does the fact of having property, or how much this property is worth, give someone's identity greater value? I think distinctions ought to be made between these fundamental rights.
I would also like to mention out that, as our friend from the Reform Party pointed out, this idea of including the property right in the Canadian Charter of Rights and Freedom was raised on several occasions in the past. In 1968, the former Prime Minister of Canada, Pierre Elliott Trudeau, had made it his thing. In 1978, the idea resurfaced when a motion pertaining to Bill C-60 at the time was defeated.
Again, in 1980, the federal government tried to introduce a new guarantee regarding the property right. Once again, objections were raised, which remain perfectly valid today. I am referring, of
course, to the objections raised by the provinces. The fact of the matter is that all provinces are opposed to incorporating the property right in the charter of rights and freedoms, since this would considerably restrict their capability to legislate in this area.
Take, for example, the environment: How could a provincial government legislate in the environment sector if property rights are enshrined in the Constitution? This would greatly impede provincial action in this area. There are already enough constitutional, administrative and federal-provincial hurdles as it is. The Reform Party regularly raises these issues. I do not see the need to add to this by passing such a motion.
Including property rights in the charter of rights could also have enormous consequences on the legislation concerning marriage, as was pointed out during a debate in this House two years ago.
For example, what would happen in the case of a divorce if the man went before the courts to have his property rights enforced, thus going against Quebec's legislation which stipulates that, in the case of a separation, the goods must be divided equally between the man and the woman? Various applications of such a provision could considerably affect the way our society currently operates.
These are, in short, the reasons why, two years ago, the official opposition opposed the motion then tabled before this House, and why we will again vote against this motion today.