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432-00538 (Justice)

Paper petition

Original language of petition: English

Petition to the House of Commons

We, the undersigned citizens of Canada, draw the attention of the House of Commons to the following:

Whereas, property rights are not clearly outlined in Canada's Constitution and the Canadian Charter of Rights and Freedoms, therefore leading to a clear and obvious lack of ability for citizens to be protected by measures that exist to protect other fundamental rights.

Whereas, this exclusion has led to the systematic discrimination against citizens; including landowners, first nations people, minority law abiding firearms owners, and others subject to unfair legislative practises.

Therefore we, the undersigned, call on the Government to take the following actions to address the situation:

1. That the Government should seek the agreement of the provinces to amend the Constitution to include property rights; and

2. That the Government should also take steps to enact legislation to ensure that full, just, and timely compensation will be paid to all persons who are deprived of personal or private property as a result of any federal government initiative, policy, process, regulation or legislation.

Response by the Minister of Justice and Attorney General of Canada

Signed by (Minister or Parliamentary Secretary): The Honourable David Lametti

During the negotiations and debates prior to the adoption of the Canadian Charter of Rights and Freedoms in 1982 (which forms part of the Constitution of Canada), it was decided that the final text would not contain a constitutionally-protected right to property. Provinces expressed concerns that property rights would interfere with their authority to make laws relating to property and civil rights as provided for under the Constitution Act, 1867.

The Government also notes that the Canadian Bill of Rights, which was adopted by Parliament in 1960, remains in force and is treated by the courts as having "quasi-constitutional" status. Subsection 1(a) protects the right of individuals to the enjoyment of property and the right not to be deprived of that right without due process of law.

If a federal law cannot be sensibly construed and applied so that it does not abrogate, abridge or infringe the rights and freedoms recognized and declared by the Canadian Bill of Rights, then such law is inoperative unless Parliament has expressly declared that it shall operate notwithstanding the Canadian Bill of Rights.

Presented to the House of Commons
Damien Kurek (Battle River—Crowfoot)
February 23, 2021 (Petition No. 432-00538)
Government response tabled
April 12, 2021
Photo - Damien Kurek
Battle River—Crowfoot
Conservative Caucus
Alberta

Only validated signatures are counted towards the total number of signatures.

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