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Monday, October 5, 1998 CANADA VOLUME 135 S NUMBER 132 S 1st SESSION S 36th PARLIAMENT OFFICIAL REPORT (HANSARD) Monday, October 5, 1998 Speaker: The Honourable Gilbert Parent CONTENTS (Table of Contents appears at back of this issue.) All parliamentary publications are available on the ``Parliamentary Internet Parlementaire'' at the following address: http://www.parl.gc.ca 8729 HOUSE OF COMMONS Monday, October 5, 1998 The House met at 11 a.m. told that unanimous consent by the House and the NDP would be forthcoming only if the motion were not votable. _______________ The Deputy Speaker: Is there unanimous consent of the House Prayers that the opposition motion tabled with the Journals Branch on Friday, October 2, 1998 by Mr. Brien, the hon. member for _______________ Témiscamingue, be debated today under Business of Supply, Government Orders? D (1105) [English] [Translation] Mr. Bill Blaikie: Mr. Speaker, with the understanding that it is POINTS OF ORDER not votable. OPPOSITION MOTION The Deputy Speaker: The motion that I proposed to the House was only that it be debated, not that it be votable. Is that agreed? Mr. Michel Gauthier (Roberval, BQ): Mr. Speaker, I would Some hon. members: Agreed. like to seek the unanimous consent of the House that the opposition motion tabled with the Journals Branch on Friday, October 2, 1998 _____________________________________________ by Mr. Brien, the hon. member for Témiscamingue, be debated today under Business of Supply, Government Orders. [English] PRIVATE MEMBERS’ BUSINESS Mr. Bill Blaikie (Winnipeg—Transcona, NDP): Mr. Speaker, I [English] rise on a point of order. I understand that this motion is necessary because the motion was not in on time. AN ACT FOR THE RECOGNITION AND PROTECTION I would like to know from the House leader for the Bloc whether OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS he understands by his request that the motion be debated that he is Mr. Garry Breitkreuz (Yorkton—Melville, Ref.) moved that also asking that it be votable. Is that implied in the question? Bill C-304, an act to amend An Act for the Recognition and Because if it is, then there is not unanimous consent. If he is only Protection of Human Rights and Fundamental Freedoms and to requesting that it be debated, then there is. amend the Constitution Act, 1867, be read the second time and The Deputy Speaker: I was going to ask the same question. referred to a committee. Mr. Peter Adams (Parliamentary Secretary to Leader of the He said: Mr. Speaker, once again I am disappointed that my bill Government in the House of Commons, Lib.): Mr. Speaker, with has been given second class status in the House. For the second respect to the request as I heard it, we have no objection. We think time since I have become a member of parliament this important it is a small technical problem and we have no objection to this issue has been denied enough time for a full debate and MPs have motion being debated. been denied a vote for or against strengthening property rights in federal law. [Translation] I think it is time to make all private members’ business votable. The Deputy Speaker: Perhaps the hon. member for Roberval All the private members’ business that comes before the House can clarify the situation. Is the request that the motion be debated, should be made votable. or that it be debated and voted on? I want to use the little time I have to explain why a full debate Mr. Michel Gauthier: Mr. Speaker, I would have liked it to be and a vote on Bill C-304 in the House is so important. votable, but my discussions, particularly those with the parliamen- tary leader of the New Democratic Party, implied that I could not I have received impressive public support for my property rights obtain unanimous consent—unless there was a change—and I was bill, considering that I have had so little time to promote this 8730 COMMONS DEBATES October 5, 1998 Private Members’ Business legislative initiative. I have received 491 pages of petitions, signed titled ‘‘A Canadian Charter of Human Rights’’, which was tabled by 11,292 Canadians from all across Canada who support the bill. I when he was minister of justice; second in his 1969 paper ‘‘The have also received the support of the Canadian Real Estate Constitution of the People of Canada’’; and once again in 1978 Association which represents more than 200 real estate boards in when he introduced Bill C-60, the constitutional amendment bill. every province of this country. That fact alone must surely cause the government to rethink its stand on property rights. It is obvious that this is a very important issue for many Canadians. Mr. Trudeau tried to get property rights included in the charter in July 1980 and again in January 1981. Finally in April 1983 he said here in the House of Commons ‘‘I would say that if we can have the D (1110 ) agreement of the Conservative Party to introduce an amendment on property rights and to pass it in 24 hours’’. As members of this House are no doubt aware, this is the 50th anniversary of the signing of the United Nations declaration of Rather than try to amend the charter of rights and freedoms, my human rights. Article 17 of the UN declaration of human rights private member’s bill, Bill C-304, proposes to provide adequate reads: ‘‘Everyone has the right to own property alone as well as in protection of property rights in federal law by strengthening the association with others. No one shall be arbitrarily deprived of his property rights provisions of the Canadian bill of rights, not the property’’. Despite the fact that Canada ratified the UN declaration charter. of human rights 50 years ago, the fact is that Canadians are still being arbitrarily deprived of their property. In the past the government has argued rather poorly that there is no need to strengthen property rights in federal law. The govern- There are and have been so many examples. The example I am ment has argued in the past that the Canadian bill of rights provides so familiar with is Bill C-68, the firearms act. Other examples are adequate protection of property rights. But I ask: If property rights the Canadian Wheat Board Act, the Endangered Species Act, the are so adequately protected in federal law, how can the government Pearson Airport Agreements Act, the national energy program of a keep violating article 17 of the UN declaration of human rights by few years ago, as well as many others. arbitrarily taking the property of Canadian citizens? My colleagues and I will use our time to expose just a few The bill of rights only provides rather feeble protection of examples of how the government has abused the property rights of property rights. Even these can be overridden by just saying so in millions of Canadians. We will explain why all Canadians should any piece of legislation passed by this House. My bill proposes to fear a government that is prepared to run roughshod over such a make it more difficult to override the property rights of Canadian fundamental and natural right. citizens by requiring a two-thirds majority vote of this House. Professor Peter Hogg in his book Constitutional Law of Canada, D third edition, wrote: ‘‘The omission of property rights from section (1115 ) 7 of the charter greatly reduces its scope. It means that section 7 affords no guarantee of compensation or even a fair procedure for We are not tying the government’s hands to legislate, but we are the taking of property by the government. It means that section 7 saying that property rights are so important that an override clause affords no guarantee of fair treatment by courts, tribunals or should pass a higher test in the House. officials with power over purely economic interests of individuals or corporations’’. That was from citation 44.9 at page 1030. Even if the government agrees to abide by the so-called guaran- tees in the Canadian bill of rights as it currently is worded, it Professor Hogg also wrote: ‘‘The product is a section 7 in which protects only three things; the right to the enjoyment of property, liberty must be interpreted as not including property, as not the right not to be deprived of property except by due process, and including freedom of contract, and, in short, as not including finally the right to a fair hearing. Unfortunately the bill of rights economic liberty’’. That was from citation 44.7(b) at page 1028. does not, as I will explain later, prevent the arbitrary taking of property, and that is a very serious matter. Those are powerful words. I ask the members of this House if their constituents are even aware of this lack of protection in the charter. Why are we here? It is our duty as parliamentarians to be The bill of rights does not provide any protection of our right to sure that the foundation, the fundamentals, of our society are right. be paid any compensation let alone fair compensation. The bill of That is what Bill C-304 is all about. rights does not provide any protection of our right to have compensation fixed impartially. The bill of rights does not provide any protection of our right to receive timely compensation. Finally, Former Liberal Prime Minister Pierre Trudeau argued long and the bill of rights does not provide any protection of our right to hard for better protection of property rights, first in his 1968 paper apply to the courts to obtain justice.
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