Mr. Speaker, I am pleased to speak to this motion. My comments will be a bit more precise than for most motions.
The motion proposes that all persons who are deprived of personal property or suffer a loss in the value of property as a result of any government initiative, policy, process, regulation or legislation be compensated. I will have to oppose this motion on a number of grounds. I will try and elaborate.
First, the scope of the motion is far too broad. It is quite simply unreasonable and unmanageable in modern day governance terms. I think the mover has thought about this from a certain perspective; I will call it inside the box. However, when one steps outside the box and looks at the application of the motion, one will see how unworkable it really is.
Perhaps as discussion here has suggested, the motion is an attempt to nudge governance back toward a charter amendment that would refer to personal property rights. I do not think this will get us there very quickly. However, I appreciate the motive in the motion.
If the motion were adopted and if it were put into practice, the repercussions based on the current wording would be staggering. It is not an exaggeration to say that taken to its logical conclusion, it would make much of our current governance unworkable.
For example, the term “all persons” would not only include individuals. In Canadian law “persons” refers to corporations as well. That would include multinational corporations.
Second, the words “personal or “private property” would refer to any non-governmental property, including the property of corporations, non-Canadian corporations held here, and even property acquired through illegal activity, directly or indirectly. For example, proceeds of crime legislation that removes property from people would be covered by the motion. I assume it is not the intent of the mover to protect people involved in illegal activities. No one around here would ever want to suggest that. In its current form the motion would extend that protection.
Being deprived of property could be interpreted to include a lot of things, including paying taxes. I am assuming that dismantling the tax system is not the objective of the mover, but based on the wording of the motion that could be the result.
Let me give another example. Let us say that the Bank of Canada lowered the core interest rate, that there was a change in policy and the core interest rate was lowered. That would result in a decrease in the value of assets held across the country, virtually around the world, currencies, loans, government bonds, holders of assets and not just for Canadians, but the central banks of many countries.
One has to take into account the many indirect effects that would be had on a variety of financial assets in Canada and outside Canada, securities and real estate. Just that one government policy change, lowering or raising the interest rate, could have that kind of an impact.
The terms of this motion would require the government to compensate all holders of these assets in the event of such a policy decision. It is safe to say that in that one hypothetical example that would just about bankrupt us all.
Let us consider the wording “government initiative, policy, process, regulation or legislation”. This wording appears to be designed to cover the full spectrum of government activity. Let us look at some of the possibilities if this motion with its current wording were put into effect. It would render inappropriate the current Income Tax Act and taxation statutes. Without taxes, we would have to renounce any form of government programming, any form of government activity, from universal health care to agriculture to public security and defence.
For example, if the Canadian International Trade Tribunal were to apply a countervailing duty on goods being exported from abroad into Canada, that would trigger a loss in value. It might even cause a loss of jobs here.
That would be a perfectly justifiable trade countervail decision, but it would be a government policy decision and it would have a negative economic impact on Canadians. This motion would require compensation.
Maybe the hon. member did not think about that particular envelope when he drafted the motion, but he has drafted it widely for the reasons I have alluded to before and that is where I think it takes us.
As I said before, this could also cover the seizure of goods and the proceeds of crime. He may not have thought that through. The impact on Canada's general body of laws would be actually quite profound.
Additionally, the motion also raises the question of who would decide what is just, full and timely compensation. The usual processes for deciding such matters are court decisions, out of court settlements, negotiated agreements and statutes that are made after full debate in Parliament. The motion also raises the question of how compensation would be administered. No doubt it would be a daunting task.
Lastly, another objection I have to the motion is that it fails to recognize that the Government of Canada and in fact all governments across Canada already consider the interests of Canadians and their electors when they embark on policy and legislative processes. In other words, governments, including the federal government, already take a preventive approach. The private property rights alluded to here are framed and protected already, not quite the way the hon. member would like, in our common law system.
For example, the Canadian Environmental Assessment Act already provides that the government shall investigate the potential impacts of proposed government decisions on the environment, including human society. These include: health and socio-economic conditions, positive and negative; physical and cultural heritage issues; the current use of lands and resources for traditional purposes by aboriginal persons; or any structure, site or thing that is of historical, archaeological, paleontological or architectural significance. The government is already compelled to take into account in that one example many possible effects on personal property.
To conclude, the simple fact is that if the House were to adopt this motion and if a government were to try and put it into practice, the federal government would have a very, very tough time governing. I am sure that was not the goal of the hon. member. Unless, is it possible, that the motion really manifests part of an agenda which, let us say, is right of centre, which attempts to rebalance what we currently have, the balance between collective rights and individual rights and to place that balance closer to the individual? I suspect it is.
However, I happen to be one of those who, unlike the official opposition, do not happen to think we are all headed to hell in a handcart. We happen to have an excellent country and I know our citizens believe that it is. In that balance between personal and collective rights, I think we have it right and the charter firmed up part of that balance. However, if the hon. member wishes to tinker some more and to move the balance, I am not one who would agree with that, but I congratulate him for contemplating the prospect.
I want to indicate that I oppose the motion for the several reasons I have indicated. I encourage colleagues to think of it in the same way that I have.