Explore why property rights are notably absent from Canada's Charter of Rights and Freedoms. The discussion uncovers historical and political factors that led to this exclusion. Discover the implications for human rights and housing policies. There's also a thought-provoking conversation about potential constitutional amendments to safeguard property rights, igniting debate on legal reform and its impact on society.
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insights INSIGHT
Property Rights Excluded Unexpectedly
Property rights were included in the Canadian Bill of Rights and most liberal democracies but excluded from the Charter unexpectedly.
This exclusion marks Canada as an outlier in constitutional protection of property rights among liberal democracies.
insights INSIGHT
Exclusion Alters Charter Interpretation
Exclusion of property rights alters interpretation of the entire Charter and impacts human rights as property enables personal autonomy.
Property rights play a key role in individuals authoring their own lives, akin to other freedoms in the Charter.
insights INSIGHT
Property Rights Not Absolute
Inclusion of property rights wouldn't create absolute limits; section 1 and section 33 allow government limitations.
Provincial worries about property rights in the Charter were based on unknowns and possibly exaggerated.
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This collection of essays examines the diverse landscape of constitutional amendments in Canada. It explores the various methods and processes through which constitutional changes have been made, analyzing their historical context and implications. The book delves into the political and legal dynamics surrounding constitutional amendments, considering the roles of different actors and institutions. It also examines the impact of amendments on various aspects of Canadian society and governance. The collection offers valuable insights into the ongoing evolution of Canada's constitutional framework.
A theory of justice
John Rawls
In 'A Theory of Justice,' John Rawls develops a moral theory of justice as fairness, which is an alternative to utilitarianism. The theory is based on the social contract approach and uses the concept of the original position and the veil of ignorance to derive two principles of justice. The first principle, the greatest equal liberty principle, ensures that each person has an equal right to the most extensive total system of equal basic liberties compatible with a similar system of liberty for all. The second principle, which includes the difference principle and the equal opportunity principle, states that social and economic inequalities are to be arranged so that they are to the greatest benefit of the least advantaged and attached to offices and positions open to all under conditions of fair equality of opportunity. Rawls's theory aims to reconcile liberty and equality in a well-ordered society.
Why were property rights excluded from the Charter? Professor Dwight Newman of the University of Saskatchewan joined students at the University of British Columbia's Peter A. Allard School of Law to discuss his research on this subject and the opportunity for further study on this topic.
Further reading: Dwight Newman & Lorelle Binnion, "The Exclusion of Property Rights from the Charter: Correcting the Historical Record" (2015) 52:3 Alta. L. Rev. 543
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