Mr. Speaker, first I would like to thank all of those who have participated in this debate.
I have a couple of questions for the parliamentary secretary for justice. If what she was saying is true, why does the Canadian Real Estate Association support my property rights bill? Second, why did the Department of Justice say that there would be no compensation for confiscation?
The minister's argument that “we won the election so we have the right to run roughshod over the property rights of a certain group” smacks of a dictatorial attitude. It is most undemocratic and I object to the words that she used in this House.
The parliamentary secretary should read Bill C-68 where it says that, in the opinion of the governor in council, they can prohibit any firearm. The Canadian Police Association called the actions of this government unwise in the extreme. We ought to listen to what the police say about Bill C-68.
Finally, while a remote possibility exists for judicial review of a prohibition order, it would be virtually impossible for any court to substitute its opinion for the opinion of their governor in council, a few cabinet ministers. In fact, lawyers from the Library of Parliament confirmed this when they wrote “The courts would be loath to find that the governor in council acted in bad faith”.
Even the standing committee on justice proposed an amendment to section 117.15(2) of Bill C-68 to remove the words “in the opinion of” and to keep the wording the same as it has been for years, requiring an objective test of what constitutes firearms that are commonly used for hunting and sporting purposes.
I would like to emphasize this next statement. The justice minister ignored her own committee, dominated by government members, and rejected that amendment. Consequently, we have a completely arbitrary prohibition power for the cabinet entrenched in the Criminal Code of Canada; a power, I might add, that completely bypasses parliament and cannot be appealed or overturned by the courts.
I have a few more quotations. In 1903 Pope Pius X wrote to his bishops, saying “The right of private property, the fruit of labour or industry, or of concession or donation by others, is an incontrovertible natural right; and everybody can dispose reasonably of such property as he thinks fit”. That does not exist in this country and that is a pity.
This quotation is from a recent ruling of the Alberta Court of Appeal. Madam Justice Conrad said with regard to Bill C-68 “It establishes an administrative process, with broad discretion conferred on the administrative authority affecting property rights. The discretion and broad right to regulate enables the federal government to limit and control the property rights of law-abiding citizens. It does not prohibit existing potentially dangerous conduct, or conduct related to a serious risk of harm”. That the parliamentary secretary to the justice minister should claim this as a victory for the government rings very hollow when we read that decision.
I would like to cite one final quotation from Ayn Rand, who wrote in her book Capitalism: The Unknown Ideal : “The concept of a right pertains only to action—specifically to freedom of action. It means freedom from physical compulsion, coercion or interference by others. The right to life is the source of all rights—and the right to property is their only implementation. Without property rights, no other rights are possible. Since man has to sustain his life by his own effort, the man who has not right to the product of his effort has no means to sustain his life. The man who produces while others dispose of his product, is a slave”. Let us listen to those words.
This is a very serious matter. I fear we are taking it much too lightly. My bill strengthens property rights in federal law. It does not tie the hands of government.
Because Bill C-304 on property rights meets all the criteria for making private members' bills votable, I would like to respectfully request the unanimous consent of the House to make this bill votable.