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Reading: Judges Are Remaking Constitutional Law, Not Applying It—and Canadians’ Property Rights Are Part of the Collateral Damage
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judges-are-remaking-constitutional-law,-not-applying-it—and-canadians’-property-rights-are-part-of-the-collateral-damage
Judges Are Remaking Constitutional Law, Not Applying It—and Canadians’ Property Rights Are Part of the Collateral Damage

Judges Are Remaking Constitutional Law, Not Applying It—and Canadians’ Property Rights Are Part of the Collateral Damage

Last updated: October 22, 2025 1:54 pm
By Peter Best
1 Min Read
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Judges Are Remaking Constitutional Law, Not Applying It—and Canadians’ Property Rights Are Part of the Collateral Damage

Houses and farmland along No. 6 Road and Country Meadows Golf Course, which fall within the boundaries of a Cowichan Nation aboriginal title claim, in Richmond, B.C., on Aug. 22, 2025. The Canadian Press/Darryl Dyck

Peter Best

10/21/2025|Updated: 10/21/2025

Commentary

The worst thing that can happen to a property owner isn’t a flood or a leaky foundation. It’s learning that you don’t own your property—that an aboriginal band does.

Peter Best

Peter Best is a lawyer based in Sudbury, Ontario, and author of the 2018 book “There Is No Difference: An Argument for the Abolition of the Indian Reserve System and Special Race-based Laws and Entitlements for Canada’s Indians.”

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