Nadine Wellwood with guest Bruce Pardy
Prof. Pardy delves into the intricate nature of property law in Canada, illuminating a fundamental yet often misunderstood concept: property is not merely a tangible object but a set of rights. This distinction is crucial for understanding the legal framework governing ownership. While Canadians may hold a “fee simple” title, which is the most extensive estate in terms of land, it’s important to recognize that this title is not absolute. Prof. Pardy emphasizes that the state retains the power to revoke property rights at will, provided it follows proper legislative procedures. This precarious legal landscape allows for the infringement of property rights through expropriation, regulation, and taxation, all justified under the guise of serving the public good. Prof. Pardy argues that rights, such as property and contract rights, are essential for maintaining individual sovereignty because they allow people to make decisions about their lives and resources. Reframing the discussion around governance, legitimacy, and individual rights, he calls for a critical reevaluation of how society defines and protects personal freedoms in the face of collective pressures.
Topics Covered: Do you really own your property in Canada? • What “fee simple” actually means • The Crown, land, and legal hierarchy • Property rights vs contract rights • Why the “common good” can undermine liberty • Democracy vs individual freedom • State legitimacy and why the system persists • Alberta independence and constitutional reset • Treaties, UNDRIP, and equal application of the law.
Bruce Pardy is executive director of Rights Probe and professor of law at Queen’s University.
Contact us to book Bruce Pardy for an interview or appearance, or to subscribe to our newsletter: rightsprobe@protonmail.com.