Mr. Speaker, I am responding to private member's motion M-205 which seeks to provide further protection for property rights pursuant to the Canadian Bill of Rights.
The Canadian Bill of Rights is part of this country's long and strong commitment to protecting human rights. With the coming of the Canadian Charter of Rights and Freedoms in 1982, which duplicated many of the provisions of the Canadian Bill of Rights, it is important to understand how the bill of rights enacted in 1960 fits into the larger scheme of human rights' protections in Canada.
The Canadian Bill of Rights remains in force, but it is substantially different from the charter as it does not apply to provincial legislation or actions. It operates as a federal statute which is applicable to federal laws and actions. The charter expressly overrides any act that is inconsistent with it, while the Canadian Bill of Rights does not have an express provision which permits it to override other federal statutes.
A noticeable difference between the bill and the charter is that the bill does not have a limitation clause as provided by section 1 of the Canada Charter of Rights and Freedoms. What does the lack of a limitation clause mean for the protection of property rights?
It is important to understand that no rights are absolute. It is often necessary to limit rights to protect the widely shared values of the larger community.
The hon. member for Comox-Alberni, in seeking to provide greater measures for the protection of property rights, has recognized that we cannot provide absolute protection for individual property rights.
Many laws also recognize that others may have a legitimate interest in the property rights of another individual, including family law and environmental protection. Even provincial builders' lien acts recognize and impose limits on the individual's right to dispose of property.
The bill of rights already contains a due process provision to protect property rights. The bill states:
It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discrimination by reason of 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 the law-
While there have not been many cases interpreting what this provision means, Walter Tarnopolsky, the noted scholar, in his commentary on the Canadian Charter of Rights and Freedoms finds that the bill undoubtedly imposed a requirement of fair procedure and may also have imposed a requirement of fair compensation.
The due process clause in the 14th amendment of the United States constitution, which protects life, liberty or property, has been held to impose a requirement of fair compensation for the loss of property. It can therefore be argued that the Canadian Bill of Rights continues to operate and provides sufficient protection for property.
It should also be mentioned that some provincial bills of rights include protection for property rights. The Alberta bill of rights, now the Alberta individual rights protection act, protects the enjoyment of property by a due process clause. The Quebec charter of rights and freedoms gives some protection to the peaceful enjoyment and free disposition of his or her property to the deprivation of rights.
Why is it necessary to protect property rights? In a liberal democracy such as Canada, the protection of property is fundamental to encourage growth and development. For this reason our society recognizes and protects property in a number of ways.
It is important to protect property. It is sufficiently protected through a host of common law statutes, including the bill of rights.
Our history is one of recognizing and protecting real and personal property. As Canadians, we also value other rights as important.
That is why I like the 14th amendment of the United States constitution which protects life, liberty or property. Section 7 of the charter of rights and freedoms protects the right to life, liberty and security of the person.
Our primary concern is with protecting an individual's physical integrity. The issue of whether section 7 will be interpreted to include economic rights has not been determined. There can be no doubt that the drafters of the charter intended to protect the rights to life, liberty and security of the person as a primary right which is not to be deprived of, except in accordance with the principles of fundamental justice.
We need to celebrate and be proud of our strong history of protecting human rights, including the right to own and dispose of property. Property rights in Canada are adequately protected. From a practical perspective, it is hard to think of a situation where the state would confiscate someone's property without providing for fair compensation. This amendment, to put it quite simply, is not necessary. It will not add anything to the numerous statutes and common laws that already protect the property rights of Canada.