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