Publisher's Notebook 
8.02.05
Canadians lose constitutional property rights
Does that headline sound impossible? Read on.
Americans know Canadians as a people like themselves. Both nations cut their collective teeth on the same basic constitutional laws based on English Common Law and the Magna Carta.
The United States of America got its Constitution with a Bill of Rights first. Canada’s Constitution, the British North American Act, 1867, was written by the government of Great Britain (the Crown) in 1867 and followed the U.S. Constitution rather closely. A “Canadian Bill of Rights” grew out of the Canadian Constitution of 1867 and was reaffirmed in 1960 as Chapter 44 of an act by the Canadian House of Commons (Canada’s Supreme Authority).
Part I, Canadian Bill of Rights C.44 Section 1(a) states: “The right of the individual to life, liberty, security of the person and the enjoyment of property, and the right not to be deprived thereof except by due process of law.”
The Canadian citizens’ property rights were secure until the arrival of Prime Minister Pierre Trudeau in the 1970s.
Canada’s Constitution (The North American Act of 1867) had been held by the Crown in Great Britain since the time it was written and adopted. The Crown (Queen Victoria) feared the complete separation of Canada as the American colonies had done in the previous century. Great Britain wanted Canada to remain as part of the empire and feared Canadian access to the Constitution would lead to an amendment calling for complete separation.
Upon taking office as Prime Minister in the 1970s, Pierre Trudeau began a campaign to bring Canada’s Constitution home. Trudeau began to harangue on the issue until Great Britain became disgusted and sent the North American Act of 1867 home to Canada.
Upon its arrival in Canada, Trudeau began to harangue again. This time, Trudeau claimed the North American Act of 1867 was archaic and did not serve the purposes of modern Canada.
Canadians likewise became sick of the constant haranguing and agreed to a new Constitution designed to bring Canada into the modern world. Canadians paid little or no attention to the proposed “modern” Constitution. As a result, it was adopted in 1982 and is today the governing law of the nation.
A new “Charter of Rights and Freedoms” replaced the old “Bill of Rights.”
What happened next is best described on the Web site www.wordiq.com/definition/Canadian_Charter_of_Rights_and_Freedoms:
“The Canadian Charter of Rights and Freedoms is the bill of rights which forms part of the Constitution of Canada adopted in 1982... The Charter developed out of the United Nations human rights and freedoms movement as enunciated in the Universal Declaration of Human Rights...
“The inclusion of a charter of rights in the constitution was a much debated issue. Pressure from the left in the country, especially the New Democratic Party, prevented Trudeau from including any rights protecting private property.”
The Charter of Rights and Freedoms Legal Rights Section 7 States: “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”
Compare the foregoing to the old Bill of Rights which stated, “the right of the individual to life, liberty, security of the person and enjoyment of property, etc.” The removal of only these three words “enjoyment of property” destroyed all Canadian constitutional property rights.
For Canadians who want to feel good about their property rights, the government still publishes the old Bill of Rights which appears as an official document. On closer examination, however, in very small print appear the words “Disclaimer. This is not the official version.”
The word property, private or otherwise, is to be found nowhere in the Canadian Constitution of 1982 or the Canadian Declaration of Rights and Freedoms which forms a part of the Constitution itself.
The saddest part of the story is that most Canadians don’t realize their constitutional property rights have been taken.