Property rights fallout from Aboriginal title rulings extends beyond B.C.
Ezra Levant of Rebel News in conversation with Professor Bruce Pardy, executive director of Rights Probe and law professor at Queen’s University.
This excerpt is from a long form interview between Ezra Levant and Prof. Pardy.
The recent Aboriginal title rulings in British Columbia have created a property rights crisis that extends beyond the province, fundamentally altering the legal landscape by establishing that certain groups can claim land based on descent, which undermines the property rights of the majority.
The notion that individuals of certain descent belong to a different legal category is an idea Prof. Pardy stresses “we have to do away with.”
He argues that this shift, coupled with government actions that prioritize these claims, threatens the security of property ownership for all Canadians, as the courts and government increasingly favour a system that categorizes individuals differently based on their heritage.
The conversation examines how we got to this moment, including the misuse of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP)—a non-binding, aspirational document—to create legal obligations in British Columbia.
Prof. Pardy points to the adoption of a B.C. statute in 2019 stating the B.C. government was responsible for ensuring that provincial laws aligned with the declaration. One of the key provisions of the declaration asserts that Aboriginal peoples have the right to the territories they have historically occupied or used, clearly outlined in the text.
Since then, the NDP Eby government has interpreted this as a mandate to enter into agreements with various groups regarding different territories, either recognizing Aboriginal title or transferring management rights, which represents an acute issue for B.C. where many lands remain unceded. But the problem is countrywide.
Historically, property has always been subject to the Crown, which has the power to expropriate land and provide compensation, as mandated by our statutes, notes the professor. However, it has typically refrained from doing so …
Related Reading
Courts and Governments Caused B.C.’s Property Crisis. They’re Not About to Fix It
Eby Bringing B.C. To Its Knees with Aboriginal Land Deals
Aboriginal Rights Now More Constitutionally Powerful than Any Charter Right
B.C. Aboriginal Agreements Empower Soft Tyranny of Legal Incoherence
Canadians’ Legal Rights Should Not Depend on Lineage — Indigenous or Otherwise
In an Independent Alberta, Aboriginal Rights Should Not Exist
Contact us to book Bruce Pardy for an interview or appearance, or to subscribe to our newsletter: rightsprobe@protonmail.com.
