Mr. Speaker, I am very pleased to be able to speak to Motion 301 by my colleague from Skeena.
At issue here is the case for including property rights in the Canadian Constitution. During the three years I worked in Tanzania I saw the transition from a government with a strong, ideological belief in socialism where everybody owns everything and nobody owns anything to a society which accepted that it is human nature for people to want a plot of land or a piece of equipment or a business to call their very own.
That desire had also been there but it had been subjugated by the government and it was only when the change was made that pride and productivity began to improve.
As Canadians we enjoy the right to property but at the moment this right is at the pleasure of our government. Our only property rights are to be found in common case law developed over centuries and recognized by our courts.
At present, federal or provincial courts can arbitrarily take these rights away, setting their own value and overriding the right of the individual to establish what he or she considers to be fair and equitable compensation.
The establishment of property right is long over due and both federal and provincial governments should take prompt action to entrench them.
Traditionally democracies have been based on four fundamental rights: life, liberty, security of the person and the right to have and hold property. Property rights go back to the Magna Carta. The United Nations universal declaration of human rights in 1948 included property rights.
Property rights were included in section 1(a) of the Canadian Bill of Rights in 1960. The 1981 original draft of the Canadian Charter of Rights and Freedoms included property rights but they were deleted in political bargaining.
Perhaps particularly meaningful to my liberal colleagues across the floor, the Right Hon. Prime Minister Pierre Elliott Trudeau wrote in 1983: "I reiterate the full support of my government for the passage of a parliamentary resolution to entrench property rights in our Constitution".
At least 24 countries including the U.S., Australia, Italy, Germany, Sweden and Finland have protected property rights within their constitution.
No reasonable person would question the right of a government to appropriate property needed for the common good of society, but the rights of that person to be justly compensated for the deprivation should be clearly stated and protected. Entrenching property rights in the Constitution would obligate any authority expropriating property to be accountable to the citizens of our country. As a fundamental right, property should be afforded the same constitutional protection as our right to life, liberty and security of the person.
The government should provide this protection and when the necessities of the common good override this personal right, provisions should be made to ensure fundamental justice is assured.
Let us hope that there will be no lack of political will to provide this basic human right for our citizens.