PROPERTY
RIGHTS DEBATES
IN PARLIAMENT
1983 - 2005
Updated:
May 4, 2007
APRIL 29, 1983 - THE CONSERVATIVE PARTY INTRODUCES IN THE HOUSE
OF COMMONS A NON-CONFIDENCE MOTION CONCERNING THE AMENDMENT TO CONSTITUTION
ACT, 1982 TO INCLUDE PROPERTY RIGHTS. MAY 2, 1983 - THE NON-CONFIDENCE
MOTION ENTRENCHING PROPERTY RIGHTS IS DEFEATED.
http://www.cssa-cila.org/garryb/publications/2007_new/166.pdf
OCTOBER 15, 1987
– JOHN REIMER, MP FOR KITCHENER
CONSTITUTION ACT, 1982 - SUGGESTED AMENDMENT TO INCLUDE PROPERTY RIGHTS
That in the opinion of the House, the Constitution Act, 1982, should
be amended in order to include property rights and that, the Governor
General issue a Proclamation under the Great Seal of Canada to amend Section
7 of the Canadian Charter of Rights and Freedoms so that it reads as follows:
"7. Everyone has the right to life liberty, security of the person
and enjoyment of property, the right not to be deprived thereof except
in accordance with the principles of fundamental justice." and this
House urges that the Legislative Assemblies of all provinces and the Senate
pass similar resolutions.
1st HOUR OF DEBATE: http://www.cssa-cila.org/garryb/publications/2007_new/163.pdf
2nd, 3rd & 4th
HOURS OF DEBATE: DECEMBER 4, 1987; FEBRUARY 1, 1988 & MARCH 15, 1988
http://www.cssa-cila.org/garryb/publications/2007_new/165.pdf
5th HOUR
OF DEBATE APRIL 29, 1988 & VOTE ADOPTING THE MOTION ON MAY 2, 1988
http://www.cssa-cila.org/garryb/publications/2007_new/164.pdf
FEBRUARY 24, 1995
- MOTION M-301 [Non-Votable]
MIKE SCOTT, REFORM MP FOR SKEENA
That, in the opinion of this House, the government should initiate
an amendment to section 7 of the Constitution Act, 1982, to recognize
the right of the individual to enjoyment of property and the right not
to be deprived thereof except in accordance with the principles of fundamental
justice. DEBATE:
http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=35&Ses=1&DocId=2332414#PROPERTYRIGHTS
JUNE 10, 1996 - MOTION
M-205
BILL GILMORE, MP FOR COMOX-ALBERNI
That, in the opinion of this House, the government provide a greater
measure of protection for individual property rights by amending the Canadian
Bill of Rights to read:
"1. Subject to such reasonable limits prescribed by law as can be
demonstrably justified in a free and democratic society, every person
has the right to the enjoyment of that person's personal and real property
and the right not to be deprived thereof unless the person; (a) is accorded
a fair hearing in accordance with the principles of fundamental justice,
and; (b) is paid fair compensation in respect of the property, and the
amount of that compensation is fixed impartially, and is paid within a
reasonable amount of time after the person is deprived of their property.
2. Any person whose rights, as set out in section 1, have been infringed
or denied may apply to a court of competent jurisdiction to obtain such
remedy as the court considers appropriate and just in the circumstances''.
1st HOUR OF DEBATE: http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=35&Ses=2&DocId=2332597#CANADIANBILLOFRIGHTS
2nd HOUR
OF DEBATE – SEPTEMBER 30, 1996
http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=35&Ses=2&DocId=2332616
3rd HOUR
OF DEBATE – NOVEMBER 5, 1996
http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=35&Ses=2&DocId=2332635
VOTE NOVEMBER
6, 1996 – MOTION DEFEATED
http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=35&Ses=2&DocId=2329116
NOVEMBER 19, 1996
– BILL C-284
GARRY BREITKREUZ, MP FOR YORKTON-MELVILLE
Bill C-284, an act to amend an act for the Recognition and Protection
of Human Rights and Fundamental Freedoms and to amend the Constitution
Act, 1867, be read the second time and referred to a committee. SUMMARY:
The purpose of this enactment is to provide a greater measure of protection
in the Canadian Bill of Rights for the property rights of both individuals
and corporations. DEBATE:
http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=2332641&Language=E&Mode=1&Parl=35&Ses=2#6471
FEBRUARY 23, 1998 MOTION M-269
JIM PANKIW, MP FOR SASKATOON-HUMBOLDT
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. DEBATE:
http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=36&Ses=1&DocId=2332770#LINK2
OCTOBER 5, 1998 –
BILL C-304
GARRY BREITKREUZ, MP FOR YORKTON-MELVILLE
Bill C-304, an act to amend an act for the recognition and protection
of human rights and fundamental freedoms and to amend the Constitution
Act, 1867, be read the second time and referred to a committee. SUMMARY:
The purpose of this enactment is to provide a greater measure of protection
in the Canadian Bill of Rights for the property rights of both individuals
and corporations. DEBATE:
http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=36&Ses=1&DocId=2332838#LINK7
TEXT OF BILL C-304: http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=2330205&Language=e&Mode=1
DECEMBER 6, 1999 -
BILL C-237
GARRY BREITKREUZ, MP FOR YORKTON-MELVILLE
Bill C-237, an act to amend an act for the recognition and protection
of human rights and fundamental freedoms and to amend the Constitution
Act, 1867, be read the second time and referred to a committee. SUMMARY:
The purpose of this enactment is to provide a greater measure of protection
in the Canadian Bill of Rights for the property rights of both individuals
and corporations. DEBATE:
http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=36&Ses=2&DocId=2332159#LINK3
TEXT OF BILL C-237: http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=2330588&Language=e&Mode=1
MARCH 1, 2002 - MOTION
M-426 [Non-Votable]
GARRY BREITKREUZ, CANADIAN ALLIANCE MP FOR YORKTON-MELVILLE
That the Standing Committee on Justice and Human Rights fully examine
the effectiveness of property rights protection for Canadian citizens
as provided in the Canadian Bill of Rights and the Canadian Charter of
Rights and Freedoms and report back to the House whether or not the federal
laws protecting property rights need to be amended in order to comply
with the international agreements Canada has entered into, including Article
17 of the United Nations Universal Declaration of Human Rights that states:
“1. Everyone has the right to own property alone as well as in association
with others. 2. No one shall be arbitrarily deprived of his property.”
DEBATE: http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=37&Ses=1&DocId=1385053#SOB-154041
APRIL 21, 2005 - MOTION
M-227
GARRY BREITKREUZ, MP FOR YORKTON-MELVILLE
That, in the opinion of the House, the government should ensure that
full, just and timely compensation be paid to all persons who are deprived
of personal or private property or suffer a loss in value of that property
as a result of any government initiative, policy, process, regulation
or legislation.
1st HOUR OF DEBATE: http://www.cssa-cila.org/garryb/inthehouse/Speeches/05_april21_speech.htm
2nd HOUR OF DEBATE - OCTOBER 4, 2005
http://www.cssa-cila.org/garryb/inthehouse/Speeches/05_oct4.htm
VOTE- OCTOBER
6, 2005 - WHERE DOES YOUR MP STAND ON PROPERTY RIGHTS?
http://www.cssa-cila.org/garryb/breitkreuzgpress/2005_oct_6.htm
PROPERTY
RIGHTS BILLS/MOTIONS WAITING FOR DEBATE
BREITKREUZ BILL C-223
INTRODUCED ON APRIL 10, 2006
http://www.cssa-cila.org/garryb/inthehouse/bills/2006_april10.htm
BREITKREUZ BILL C-223
- An Act to amend An Act for the Recognition and Protection of Human
Rights and Fundamental Freedoms and to amend the Constitution Act, 1867.
SUMMARY: The purpose of this enactment is to provide a greater measure
of protection in the Canadian Bill of Rights for the property rights of
both individuals and corporations. The enactment also amends the Constitution
Act, 1867 to provide that the passing by the House of Commons of a bill
introduced in that House may require the votes of two thirds of the members
of the House.
TEXT OF BILL C-223: http://www2.parl.gc.ca/HousePublications/Publication.aspx?Docid=2493089&file=4
BACKGROUND INFORMATION
ON PROPERTY RIGHTS
http://www.cssa-cila.org/garryb/issues/property.htm
PROPERTY RIGHTS AND
THE CONSTITUTION
Prepared by: David Johansen, Law and Government Division
Library of Parliament - October 1991
http://dsp-psd.communication.gc.ca/Pilot/LoPBdP/BP/bp268-e.htm
PROVINCIAL
SUPPORT FOR PROPERTY RIGHTS
SEPTEMBER
21, 1982 - The Legislative Assembly of British Columbia unanimously
adopts a resolution seeking the inclusion of property rights in the Canadian
Charter of Rights and Freedoms as the first amendment to the Constitution.
JUNE 28,
1983 - The Legislative Assembly of New Brunswick adopts a resolution
seeking the inclusion of property rights in the Canadian Charter of Rights
and Freedoms.
STEPHEN HARPER
ON PROPERTY RIGHTS - SEPTEMBER 30, 1996
http://www.cssa-cila.org/garryb/publications/2007_new/167.htm |