Why Property Rights Were Excluded from the Canadian Charter of Rights and Freedoms

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Abstract
TheConstitution Act, 1867, contained what were intended to be strong protections of property ownership. These protections gradually eroded, as property was subordinated to democratic will and legislation. The “property rights” debate took place in this context. Those provinces which opposed the property rights clause wanted to safeguard the supremacy of democratic institutions from the potential ramifications posed by such a clause. The federal government, the proponent of the clause, did not intend that such supremacy be usurped. However, the clause was never crucial to the Charter and the federal government abandoned the clause in order to achieve provincial agreement on patriation of the constitution.

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