moved:
That, in the opinion of this House, the Charter of Rights and Freedoms should be amended to recognize the right of every person to own, use and enjoy property; and to not be deprived of that right without full, just and timely compensation and the due process of law.
Madam Speaker, I am very pleased to lead off debate on Motion No. 269.
The motion seeks to amend the charter of rights and freedoms to include property rights. At present there is no mention of property rights and therefore no protection from confiscation of personal property by the government. There is no requirement for the government to provide compensation to an individual if Ottawa confiscates their property.
This Liberal government has become a master at violating the property rights of Canadians. Whether it is gun control, the Canadian Wheat Board, endangered species legislation or direct to home satellite systems, this government has demonstrated a blatant disregard for the property of Canadians. All Canadians should be concerned that the Liberal government so easily and so quickly tramples on their rights in order to achieve certain specific policy goals.
It is clear from the actions of this government that it has no regard for the property rights of Canadians. As a result I have introduced Motion No. 269.
Red flags surrounding this issue were first raised during the 35th Parliament when the Liberals introduced Bill C-22. This bill dealt with the cancellation of the Pearson airport development contract. The Liberals attempted to annul binding contracts and then exempt themselves from liability. In short they tried to confiscate property and then place themselves above the law.
However, pressure from the Senate, threatened lawsuits and questions concerning the constitutionality of the bill led to its collapse. All the while the former justice minister, now our health minister, insisted that everything was above board and that Bill C-22 was totally conventional. This gives some insight into the mentality of Liberals and their position on the rights of Canadian citizens.
Although the Liberals backed down on Bill C-22, they went on to introduce Bill C-65. This bill dealt with endangered species in Canada. Serious concerns were raised about the effect this legislation would have on the property rights of landowners. Specifically some landowners were afraid that the government would confiscate their property in an attempt to protect endangered species.
Again the Liberals downplayed the legitimate concerns of landowners and treated those questioning excessive government powers in Bill C-65 as environmental terrorists. Thankfully Bill C-65 died on the Order Paper as a result of the 1997 election, however it is still waiting in the wings and there is little doubt that the government will reintroduce the bill in the near future. Before it does so, our debate here today gives all opposition parties the opportunity to go on the record as to where they stand on the property rights of landowners.
Unfortunately the Liberals' legislative assault on property rights did not end with Bill C-65. They went much further with the introduction of Bill C-68. More than any other initiative, the Liberals' misguided gun control legislation has sparked a national discussion on property rights.
Armed with the provisions contained in Bill C-68, the justice minister is able to pass order in council regulations and confiscate the rightful property of Canadian firearms owners. I am speaking of property which has been duly acquired. The owner has paid taxes on the firearm and complied with all other regulations.
Regardless of this, along come the Liberals who say to law-abiding gun owners “We are going to take your property because we know what is best for you. We are socially re-engineering Canada into a gentler, kinder society”. That is what the Liberals say.
It is ironic that these same Liberals have created a justice system where rapists walk out of courtrooms because of conditional sentencing. Young offenders who kill are sentenced to a few months at youth internment centres. Serial killers are given the tools through section 745 of the Criminal Code to revictimize their victims' families. That is the record of this government when it comes to engineering a kinder society. Criminals are given the gold mine while law-abiding gun owners get the shaft.
Members of the House will know that C-68 is being challenged in the courts with respect to its infringement on provincial jurisdiction in the area of property rights. Four provinces and the territories had the good sense to stand against this bill and its attack on the fundamental rights and freedoms of law-abiding Canadians.
Treating ordinary Canadians worse than violent criminals is nothing new to this government. David Bryan, a Saskatchewan farmer who tried to sell his grain outside the Canadian Wheat Board has been led around courtrooms in shackles. His heinous crime: trying to sell his own crop, his own property without the permission of the Canadian Wheat Board. In the eyes of the Canadian Wheat Board, David Bryan does not own his grain, Ottawa does.
Russ Larson who attended Mr. Bryan's trial said “It is like we are peasants who are supposed to grow grain, turn it over to them and shut up”. In other words, you work for the Canadian Wheat Board not for yourself. The grain is the property of the government, not the producer.
Incidentally, only farmers in Saskatchewan, Alberta and Manitoba are subject to the violation of their property rights. Farmers in other provinces can market their crops however they see fit. That is why farmers on the prairies are increasingly referring to the wheat board as the OWB, the Ottawa wheat board, because it is run by bureaucrats, lawyers and politicians in Ottawa instead of by western farmers.
Motion No. 269 allows all parties in this House an opportunity to rise and defend the property rights of farmers. I also challenge members of this House to rise and defend the rights of Canadians who choose to watch what they want on television.
Direct to home satellite owners have been compared to drug pushers by the industry minister simply because they are using American hardware and services. Direct to home satellite owners have been threatened that their equipment may be confiscated by the RCMP. Customs officials have seized direct to home satellite equipment that is being imported from the United States of America, equipment on which all duties have been paid and which rightfully belongs to the Canadian retailer or wholesaler. “No matter,” say the Liberals, “in the interests of cultural protectionism, that is, government knows what is best for you, we will trample on the property rights of Canadian citizens”.
Without the strong protection of property rights, the social engineers have the upper hand. It is in their power to decree what is acceptable and what is not, what is safe and what is not and what we should do and what we should not do. Property rights are not just about firearms or land or satellite dishes; property rights are about freedom.
But do not take my word for it. Listen to the comments made by our present Secretary of State for Latin America and Africa. In 1985 he delivered a speech in Edmonton where he said “I believe we must entrench the right to property in our Constitution. The right to hold and enjoy property provides one of the checks and balances against undue concentration of power in government at any level”.
Even the creator of big government, Prime Minister Pierre Trudeau, was an advocate of property rights during the repatriation of the Constitution. However, property rights did not make it into the final draft of the charter.
Members should be interested to know that property rights are entrenched in the United States constitution. Article 5 of amendments to the U.S. constitution reads in part “no person shall be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use without just compensation”.
Opponents of my motion may argue that property rights are already guaranteed under John Diefenbaker's bill of rights but that is not true. The bill of rights is simply a statute which can be overridden by any government legislation.
The Library of Parliament concluded that “there is no requirement in Canadian constitutional law that compulsory taking of property be effected by a fair procedure or that it be accompanied by fair compensation to the owner”.
In a March 1995 paper on property rights the Library of Parliament determined that “in Canada there is no constitutional guarantee for compensation and that the power of the government in this area is unlimited”. Motion No. 269 seeks to place limits on the government and Ottawa's ability to simply strip Canadians of their personal property.
This is not the first time property rights have been discussed in the House, and I know it will not be the last. My hon. colleague from Yorkton—Melville led the charge on this issue in the 35th Parliament. I am pleased to help advance the cause of property rights in this parliamentary session.
I remind all members that this issue strikes at the heart of our rights and freedoms in a democratic system. I look forward to the rest of the debate on this motion. I encourage members to speak in favour of Motion No. 269 so the House can move to protect the property rights of all Canadians.
Considering the importance of entrenching property rights in the constitution and despite the fact that the subcommittee did not find the motion votable, I seek unanimous consent of the House to deem the motion votable so we can have a full three hours of debate instead of one and can put the issue to a vote as to whether or not we entrench property rights in the constitution.