PUBLICATION: The Toronto Sun
DATE:
2004.03.17
EDITION:
Final
SECTION:
News
PAGE:
37
ILLUSTRATION:
1. photo by Wilson Chu,
Reuters CHINESE PREMIER Wen Jiabao hosts a news conference yesterday at the
Great Hall of the People in Beijing. 2. photo of PIERRE TRUDEAU 1982 legacy
BYLINE:
PETER WORTHINGTON
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WHO
CALLS WHAT CONSTITUTIONAL ... CANADA PUT TO SHAME WITH CHANGE IN CHINA
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The
news that China has amended its constitution to include property rights is both
amazing for a communist country -- and embarrassing for a democracy like Canada.
Canada's Constitution, enacted in 1982 (Pierre Trudeau's legacy) not only
doesn't include the right to own property, but deliberately excludes mention of
"property."
The
1969 Bill of Rights (John Diefenbaker) made a point of enshrining among
"principles and human rights and fundamental freedoms -- (the) enjoyment of
property and the right not to be deprived thereof except by due process of
law." Our present Charter of Rights and Freedoms excludes the owning of
"property" as a fundamental right or freedom.
In
other words, if you aren't guaranteed the right to own property, the government
ostensibly has the power to remove it, if it feels so moved. The fact that this
hasn't happened isn't the point.
Since
Canadians were protected by common law before we had a Constitution -- like the
British -- it wasn't so important. It begs the question why "property"
was deliberately left off the list of fundamental freedoms in Canada's
Constitution, which include the usual "freedoms" of conscience,
worship, thought, belief, opinions and expression, freedom of the press, freedom
of peaceful assembly and association.
HUMAN
RIGHTS
While
the amended Chinese constitution is aimed at protecting the property rights of
capitalists, it doesn't promise "free political expression," though it
does declare respect for human rights. It remains to be seen how faithfully
Chinese leaders adhere to their constitution. But its new respect for the
"important component" of Chinese citizens owning businesses, trading
on the stock market, investing and engaging in entrepreneurial pursuits is a
dramatic shift in communist ideology.
"Private
property legally acquired shall not be violated," the Chinese constitution
says -- which is a hell of a lot more than Canada's Constitution guarantees.
It's
always been a puzzle why Trudeau left "property" out of the
Constitution. To some of a conspiratorial or paranoid bent, it reflected his
socialist tendencies of leaving the way open to confiscate property for the
state when convenient. Possibly, gun owners feel if there was a property clause
in the Constitution, the state's efforts to take their guns away would be
thwarted. We like to think we are protected by the Constitution, and up to a
point we are.
The
best, most inclusive constitution ever devised was, arguably, the oft-amended
constitution of the Soviet Union. It was also the most meaningless one,
repeatedly abused and ignored. The Soviet constitution was a window-dressing
sham.
A
separate clause in the Canadian Charter guarantees "freedom of
association" as a "fundamental right." That's a bow to unions,
and the right of workers to join or form a union. While few would disagree with
this "freedom," a serious omission in the Constitution is the counter
right not to associate or join a union. Surely if an individual has a
constitutional right of association, there should also be the constitutional
right not to associate, especially if that's a matter of conscience, belief or
opinion.
Periodically,
attempts have been made to include property rights in our Constitution, but with
little effect.
The
encouraging amendments to the Chinese constitution are largely the doing of
retired Chinese president (1989-2002) Jiang Zemin who, with the late Deng
Xiaoping, has sought to blend democratic capitalism with totalitarian communism.
China has liberalized, via economic freedoms, taking priority over political
freedoms -- unlike Russia which has tried to do both at once, leading to a
dangerous, sometimes lethal mafia-like system.
As evidence of support for the new Chinese constitution in the Great Hall of the People, while 17 members abstained, the slate of amendments was passed by a vote of 2,863-10. Eat your heart out, Paul Martin!