First Freedoms Foundation
Although property rights were considered during the creation of the Charter of Rights led by Pierre E. Trudeau, they were ultimately dismissed. Section 35 was instead added to the Constitution Act of 1982, which recognized existing aboriginal and treaty rights. The Supreme Court of Canada has since expanded these rights, with a recent New Brunswick court suggesting that aboriginal rights could supersede private property rights, raising serious implications for the future.
Professor Bruce Pardy discusses these developments and questions whether Canadians would be better off under the U.S. Constitution, which provides stronger protections for property rights, compared to the current Canadian Constitution. This raises a provocative debate about the constitutional framework in Canada and its implications for property and aboriginal rights.
WATCH THE CONVERSATION IN FULL HERE
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