My colleague says it is beautiful. It is a very beautiful statement about what the meaning of property is. It is men and women mixing their labour with nature, thereby having a sense of ownership over it.
As has been said many times, the omission of property rights from the Charter of Rights and Freedoms is a worrisome oversight and we would certainly like to see that document amended to include property rights. The rights that Canadians enjoy with respect to property are only done through some provincial and federal statutes, but there should be, as my colleague suggested, an overriding principle so all laws can abide by this principle.
In Quebec, of course, property rights are found within the civil code of that province.
Since property rights are not entrenched in the legal system, Parliament can easily overturn property rights under virtually any piece of legislation. There are examples of that in this Parliament and the last.
The proposed endangered species legislation in the last Parliament by the Liberal government could mean vast tracts of land are taken away from landowners of the smallest size at the discretion of political figures and governments without giving due compensation. That is a key thing to remember. This is not saying that the government never has a reason to take property away but if it does so, it has to give fair market compensation. That was an important principle that we fought for in the last Parliament.
The recent anti-terrorism legislation authorizes police to seize certain property without normal judicial review. The mapping of the genome and advancements in health sciences have brought about new debates in intellectual property. There is the issue of firearms seizure under Bill C-68 with respect to the firearms registry.
There is also the issue of patents, copyright and intellectual property rights, which are an important area of the work I do as the industry critic for the official opposition. In this digital day and age, we see repeated violations of property rights. Music is downloaded and shared without paying anything to the creator. Major motion pictures are also copied and shared through the Internet. This is an important point. Locke made the whole innovation in terms of mixing our labour. However, it is also mixing our intellectual labour with something and being a creator and, thus, being rewarded for the efforts and the intellect that one pours into something.
The University Declaration of Human Rights in 1948 considered intellectual property a fundamental right of all peoples. However, Canada has been less aggressive than most of its international competitors in linking innovation to intellectual property or in protecting or promoting intellectual property rights.
On the other hand, the Conservative Party at its policy convention in March of this year passed several motions that will improve property rights for Canadians. I am proud to say that it was my riding association that was one of the sponsors of these, the good members of Edmonton—Leduc.
The policy reads:
i) A Conservative Government will seek the agreement of the provinces to amend the Constitution to include this right, as well as guarantee that no person shall be deprived of their just right without the due process of law and full, just and timely compensation.
ii) A Conservative Government will enact legislation to ensure that full, just and timely compensation will be paid to all persons who are deprived of personal or private property as a result of any federal government initiative, policy, process, regulation or legislation.
In addition to this, the Conservative Party passed two more resolutions that would improve the protection of intellectual property. We would create a process to allow the patent holder to restore time lost on 20 year patent protection due to delays in government approving certain things, like pharmaceutical medicines. If the government takes two or four years to approve a product, we believe there should be some restoration in the patent period to that company and to the company that holds the patent.
We also believe we must continuously examine and update our copyright legislation. To that end, we have passed a comprehensive set of objectives to guide the party in future amendments to copyright law.
Music file sharing is a massive problem in Canada. There is a proliferation of websites providing resources and copies of music used by most to avoid paying for a copy of a CD or cassette tape.
I was struck by the comments by the member for Scarborough—Rouge River, for whom I have a great deal of respect. He engaged in an act of sophistry which I have not seen him do in this Parliament.
The Minister of Canadian Heritage will soon be introducing copyright amendment legislation that actually tries to protect the works of creators, people like Tom Cochrane, Tragically Hip and Blue Rodeo, who are famous Canadians musicians. It is based on a perception that if they pour their intellectual, moral and labour into something, then they have a right to derive a benefit from it. That is property rights. That forms the basis of that legislation
We cannot have copyright legislation unless we have an abstract understanding of what property right legislation should be.
Canadian musicians have been waiting for more than a decade for amendments to the Copyright Act. As it currently stands, Canadian composers, song writers, lyricists and music publishers are not being fairly compensated and in some cases their rights are being violated because we have no workable enforcement mechanisms in Canadian law.
I am calling on all members to seriously think about this motion and examine it. It is a very thoughtful motion and it is put forward in the most gracious spirit that one can ask for from the member for Yorkton--Melville in terms of protecting property rights of all types, property rights and intellectual property rights.
However, I want to address in my conclusion one of the big issues. Members have said that it is a right wing or centre right issue. That is absolute nonsense. They say it is for big corporations. That is absolute nonsense.
The whole history of the development of property rights theory is linked frankly to small landowners, small creators trying to protect what they put in, whether it is against a bigger landowner or against a government that comes in and arbitrarily takes away what they have.
There is the example of legislation in the past Parliament. A small landowner whose land is simply expropriated under the endangered species act needs to have fair market compensation so he or she can keep going on the farm and can have his or her livelihood kept intact.
That protects the smallest landowner as much as it does the largest landowner. It is a protection for the small creators, for the small farmers against the actions of an excessive government or the actions of another excessive corporation or individual. Therefore, property rights are there to protect the small creators, the businesses, the people who really do need our protection.
I support the motion. I hope all members will do the same. I was going to conclude with a comment from Frederick Bastiat, who I think was called one of the greatest economic journalists of all times. He said that the whole notion of law, and the copyright law is one example, is if the law does not recognize property rights, it is so mistaken. The law itself, he would argue, especially common law, was derived so much from the whole development and notion of property rights itself. It is an inverse relationship.
Therefore, I encourage members of the House to fully recognize that relationship and to amend our laws and Constitution to fully recognize property rights here in Canada.