Mr. Speaker, I appreciate the opportunity to speak to this motion. The hon. member for Comox-Alberni has proposed a motion that provides for a greater measure of protection for individual property rights with an amendment to the Canadian Bill of Rights. We should acknowledge the Canadian Bill of Rights is part of Canada's longstanding commitment to human rights.
The bill of rights already protects an individual's right to the enjoyment of property. Origins of Canada's human rights movement can be traced to the desire to ensure that the atrocities that occurred to millions of Jews, members of ethnic minorities, political dissidents, people with mental and physical disabilities and homosexuals could not occur in Canada.
People were stripped of their property rights, ghettoized, imprisoned, forced into labour camps and murdered by the Nazis. These terrible events had a profound impact on the social conscience of the world and Canadians in particular. In response, the United Nations drafted the UN Declaration of Human Rights and the Parliament of the day enacted the Canadian Bill of Rights.
The Canadian Bill of Rights is a statute that has a quasi-constitutional status. Many of the provisions of the bill have been overtaken by specific provisions of the Canadian Charter of Rights and Freedoms. As the charter does not have an explicit section on property rights it can therefore be argued this provision of the bill of rights still operates to protect property rights.
The Canadian Bill of Rights states:
It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discrimination by reason race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely:
(a) 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.
It can be argued this provision provides the protection the hon. member seeks. An individual cannot be deprived of property rights except by due process of law. It should be remembered the bill of rights applies only to federal laws. Unlike the charter, it does not apply to provincial laws.
In addition to the protections offered to property rights through the bill of rights, we have developed elaborate laws regulating and protecting the ownership and enjoyment of property. For example, real and personal property laws regulate the acquisition and disposition of all kinds of property. These laws protect individuals from fraud and other mistakes that may result in loss of property.
Over the years there has been an evolution in the definition of property and in the protection of the right of the individual to enjoy property. The federal Divorce Act and provincial and territorial family law acts ensure that women are not deprived of their right to a fair share of matrimonial property and assets regardless of who has legal title.
The term "property" has taken on many meanings. In the United States the constitutional right to the enjoyment of property has been defined to include academic tenure, a driver's licence and disability benefits. I am concerned that defining further individual property rights could affect social benefits and the division of assets under the Divorce Act.
Of course like all other rights the right to enjoy property is subject to some limitations in our society. It is limited by laws that regulate the use of property in the public interest. Land use, planning and zoning laws may limit the type of building that can be placed on residential lots. Environmental laws regulate everything from the disposal of hazardous waste to the removal of trees. Laws regulate the ownership of transactions in shares in limited companies. Other laws regulate bankruptcy and the ownership of land by non-Canadians, and the list goes on.
All of those laws impose real limits on the ownership and the use of property and no one disputes that these are necessary limits. These restrictions on the enjoyment of property must be kept in mind when we look at amending the Canadian Bill of Rights.
The notion of property is far broader than real property. Given the broad meaning that can be applied to real personal property, we must be careful in considering an amendment to the existing protection for property rights in a quasi-constitutional document.
The Americans, we know, have had some unfortunate experiences with property rights in the context of their Constitution. It should also be noted that women's advocacy groups have had a number of concerns with the further entrenchment of property rights. The notion that a man's home is his castle is a disturbing concept to many women who have been denied their share of family assets. It has only been a few years since a woman was denied a share of the family farm she worked on for many years.
We have moved beyond this case in providing statutory protection for women, but we live in a complex society with many interests and competing rights. From the division of the matrimonial home to environmental and zoning bylaws, we must recognize that rights are not absolute.
To conclude, I believe that property rights are adequately protected in Canada in the Canadian Bill of Rights, in other statutes and in the common law. There are more pressing challenges facing the government than the need to provide additional protection for property rights.
The government is committed to protecting our social safety net, including the renewal of our health system while reducing the deficit. It is working on opportunities for youth who are our future. We are concerned with barriers that aboriginal people and people with disabilities are facing. Let us concentrate on the more pressing problems we are facing.
Yes property rights are important, but I believe they are sufficiently protected in existing legislation, particularly in the Canadian Bill of Rights. I cannot support this motion.