Pounding the Fence Posts Deep by Rick Strankman, Wildrose MLA for Drumheller/Stettler For most of us living in Drumheller-Stettler, few things are more important to us than property rights. We understand that the purpose of government is not to manage our lives, but to protect the right to property so individuals and families can manage their own lives. This past week, two different proposals were put forward in Alberta that would pound the fence posts deep when it comes to protecting property rights. The Wildrose Party announced a Private Member’s Bill that calls for an amendment to the Canadian Constitution. It would apply only to Alberta. The initiative, if passed, would ensure that in Alberta the right to “real property” will be constitutionally protected. In order to pass, the initiative requires approval from the Prentice government, the House of Commons, and Senate. The second property rights proposal advanced this week was put forward by the Grassroots Alberta Landowners Association and publicly supported by organizations like the Western Stock Growers, the Economic Education Association, and the Alberta Grazing Leaseholders Association—to name a few. This second proposal calls for legislation that protects both real property and intangible property. Intangible property includes things like grazing leases, water licenses, oilsands leases, licenses and approvals for oil and gas wells, irrigation licenses, and formal authorizations that allow people to be in the dairy business, run a feedlot, harvest timber, or engage in a wide range of commercial activities. These types of commercial property-instruments are referred to as statutory consents. Statutory consents are not real property in the sense that they are not physical, but on a daily basis they are nevertheless bought, sold, and traded. Many people make the biggest financial decisions of their lives based on the assumed trustworthiness of statutory consents. Grassroots Alberta says it is absolutely unacceptable for politicians in Cabinet—not the government and not the courts, but the politicians in Cabinet—to have the power to show up at someone’s door and without cause or justification, point a finger and say. “Your oilsands lease, water license, grazing lease, or gravel extraction permit has just been cancelled.” Since Bill 36 became law in Alberta, this is exactly the kind of power the provincial Cabinet possesses. Plus Bill 36 ensures that when Cabinet does cancel a statutory consent, its decision can’t be appealed to a court unless Cabinet gives its permission. Whether the affected party is eligible for compensation can be up for grabs too. During his campaign to become PC Party leader, Jim Prentice repeatedly promised to undo the tragic property rights legacy of his predecessors. Wanting to hold Prentice to his word, Grassroots Alberta set out in step-by-step fashion exactly what the government must do in the legislature if Prentice is to keep his word. The group says the property rights embodied in statutory consents must be protected by law. If Cabinet or any arm of government extinguishes a statutory consent, there has to be a justifiable reason. And if such a thing does occur, the affected party must have the right to approach a court and to fair compensation. The group insists that every Albertan must have the legal right to be informed before a government regulator makes a decision about their property (presently this is not the case); the legal right to a hearing when government approves energy and development projects on private land (presently this is not the case); and that landowners must have the legal right to compensation when the government approves a project on adjacent or adjoining land that negatively affects the value of their property. As the Drumheller-Stettler MLA, my responsibility, and desire, is to promote and defend your property rights. *** * Mine too (Gary).
Posted on: Tue, 18 Nov 2014 00:25:33 +0000