It’s time to restore property rights in Ontario

Eleven years ago, I introduced a bill in the Ontario Legislature to restore property rights in Ontario. The Members of the Legislature voted in favour of my proposed legislation, but the clock ran out before it could be formally passed into law.

This past February, I reintroduced legislation to protect property rights, focusing on the right to own and enjoy one’s land and home.

Some will remember 1960, when Prime Minister Diefenbaker introduced one of the most comprehensive human rights documents in western society. The Canadian Bill of Rights gave Canadians statutory protection against the federal government infringing on their rights – including “security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law.”

But, what Prime Minister Diefenbaker giveth, Prime Minister Trudeau taketh away – For whatever reason, Prime Minister Trudeau omitted the right to own property from the Canadian Charter of Rights and Freedoms. Had property rights been included in the Charter, property would be protected against the incursions of all levels of government.

In light of this constitutional void, both levels of government must pass laws protecting property rights.

The notion of property rights has evolved over the years. Originally, it referred to land and possessions. Now, property is a basket term, including land, possessions, ideas, intellectual property, and patents. In order to most effectively argue for the passage of this law, I’ve decided to zero in on the right to own and enjoy one’s private land and home.

The purpose of my proposed law is to make it clear that the provincial government must not enter private property, take anything from property, or prevent residents from enjoying private property, except under specific legal conditions. Moreover, it will give landowners an extra layer of appeal if the provincial government chooses to expropriate their land. It doesn’t interfere with the complexities of aboriginal land claims and negotiations – processes that can’t be effectively governed by a Private Member’s Bill.

I’ve always believed that rights come with responsibilities – a concept reflected in this proposed legislation. If passed, Bill 57 will affirm the moral responsibility to maintain privately owned land to an acceptable standard.

Indeed, there is a growing chorus of support for formalized land rights and responsibilities in Ontario – to date, nine MPPs recently have presented petitions in favour of passing Bill 57.

Federally, there is a similar movement in favour of greater property rights. Bill C-223, An Act for the recognition and protection of human rights and fundamental freedoms, would enhance the original Bill of Rights, preventing the federal government from passing laws to unfairly seize private property.

A word of caution – My proposed legislation is just one piece of the puzzle. At the basic level, there should not be a need for legislation protecting property rights. Government should realize that it cannot simply take private land without paying for it. It can’t place onerous new rules on private land without giving the owner a say. And if the public interest does require government to acquire land or create new rules, the landowner’s interest should be considered and accommodated.

In one word, it’s about respect.

But until the day when government begins to respect private landowners, we need to defend ourselves from unfair expropriation. If passed, my Private Member’s Bill will provide the foundation for that defence.