The Right to Own Land

[Klause]

This is article 17 of the Argentine Constitution

Section 17. - Property may not be violated, and no inhabitant of the Nation can be deprived of it except by
virtue of a sentence based on law. Expropriation for reasons of public interest must be authorized by law and
previously compensated. Only Congress levies the taxes mentioned in Section 4. No personal service can be
requested except by virtue of a law or sentence based on law. Every author or inventor is the exclusive owner
of his work, invention, or discovery for the term granted by law. The confiscation of property is hereby
abolished forever from the Argentine Criminal Code. No armed body may make requisitions nor demand
assistance of any kind

There is no such proviso in the Canadian constitution or Charter as far as I know?

This was something that highly alarmed my parents when we moved here.

[seldomseen]

That was why I always liked Preston Manning and the Reform Party. They were the only party that would ever talk about Property Rights in Canada.

The other party's don't seem to mind the socialist state!

[Klause]

There's also these provisos. If we had these, Alberta and Sask wouldn't be spatting about beer tax and construction vehicles.

Section 9.- Throughout the territory of the Nation there shall be no other Customs than the national ones, in which the tariffs enacted by Congress shall be in force.

Section 10.- The circulation of goods of national production or manufacture is free from duties throughout the Republic, as well as the circulation of articles and merchandise of all kinds cleared in the national Customs.

Section 11.- Goods of national or foreign production or manufacture, as well as livestock of all kinds, that may pass through the territory of one province to another, shall be free from the so called transit duties, the same as the carriages, vessels or beasts in or on which they are transported; and no other duty, whatever its name may be, shall be imposed on them by reason of their passing through the territory.

Section 12.- Vessels sailing from one province to another shall not be bound to enter, anchor, or pay transit
duties; and no preference shall be granted in any case to any port in respect of another, by means of trading laws or regulations.

[tmyrfield]

You can thank Castro's bastard son's mothers husband for not including personal property rights when the constitution was repatriated.

[jazz]

There is nothing in our document like that because it would violate Section 35.

[Taiga]

Regarding the original post, which part of that do you feel is missing/non-existent in Canada? Maybe I am having a dumb moment, but I can’t see what is there (Argentina) that is not the same here?

[burnt]

Constructive expropriation without compensation is rampant in Ontario.

The County and Province are slowly but surely nationalizing private property here.

But we do retain the privilege of paying the mortgage and taxes...

[furrowtickler]

You can thank Castro's bastard son's mothers husband for not including personal property rights when the constitution was repatriated.

Yup, imagine that . Then look at the UN agenda 21 and what is happening in other parts of the world .

[tmyrfield]

It's happenening now.
https://www.theglobeandmail.com/politics/article-court-approves-protection-of-frog-species-on-private-land-saying/?cmpid=rss&utm_source=dlvr.it&utm_medium=twitter https://www.theglobeandmail.com/politics/article-court-approves-protection-of-frog-species-on-private-land-saying/?cmpid=rss&utm_source=dlvr.it&utm_medium=twitter

[burnt]

Young chap that's buddies with our son works for a local tiling contractor. The Conservation Authority came onto a job they were doing and shut them down for almost a month until they were satisfied that the tiling wasn't destroying a particular critter's habitat.

Then after they resumed operations, the CA came back and shut them down again until they conducted tests to check for another critter.

In both cases, the critter wasn't found. But the company lost almost two month's work with that machine. They couldn't even take the machine to another job site.

A logging outfit around here couldn't harvest timber they bought from local farmers until the Ministry had given the go-ahead. They had to check for certain turtles or something that might be living in the woodlots before harvest could begin.

Again, the was no subject critter found.

"Lynch v. St. John's (2016)" is a powerful case for property rights. The judge ruled that where there is reason to protect the public interest, the cost of doing so must not fall on the private property owner.

Huge victory. http://www.cbc.ca/news/canada/newfoundland-labrador/expropriation-lynch-court-windsor-lake-watershed-1.3963602 http://www.cbc.ca/news/canada/newfoundland-labrador/expropriation-lynch-court-windsor-lake-watershed-1.3963602

https://www.canlii.org/en/nl/nlca/doc/2016/2016nlca35/2016nlca35.html https://www.canlii.org/en/nl/nlca/doc/2016/2016nlca35/2016nlca35.html

The judge ruled that, "... it would be unfair and unreasonable to conclude that the Lynches should be expected to bear, without compensation, the disproportionate burden of damage which flows from interference with the use and enjoyment of land caused by watershed management decisions."

This case has huge implications for the "constructive expropriation" caused by certain municipal/county designations on private property. As it should.

[Klause]

Regarding the original post, which part of that do you feel is missing/non-existent in Canada? Maybe I am having a dumb moment, but I can’t see what is there (Argentina) that is not the same here?

There's no constitutional right to own land in Canada. In Argentina is is a fundamental right of citizenship to own land.


One of the many reasons Canadian land has always traded at a discount... Buying an asset that can be taken away is riskier than one you are guaranteed right to.

[seldomseen]

When I read your story Burnt I can only think what a failed state we have become and the cost of doing anything will be so high no one will do anything.

I hope the socialists are happy they are getting what they wanted.

[blackpowder]

Not quite the same.
But the firearms lobby has been pointing out the property rights issues for 4 decades.
Surface rights people for 3.
Not news. Nobody cared.

[Taiga]

There's no constitutional right to own land in Canada. In Argentina is is a fundamental right of citizenship to own land.


One of the many reasons Canadian land has always traded at a discount... Buying an asset that can be taken away is riskier than one you are guaranteed right to.

Ok gotcha now, yes property rights are not part of the Canadian constitution, the provinces have authority over their own property rights/laws.

In BC, for example, there is no such thing as expropriation WITHOUT compensation (compensation is mandatory). I am surprised other provinces can expropriate without compensation.

[farmaholic]

................
One of the many reasons Canadian land has always traded at a discount... Buying an asset that can be taken away is riskier than one you are guaranteed right to.

With all due respect Klause....that is a delusional statement. No one is safe anywhere. Through out the history of mankind there are countless examples of the choice of being displaced or die.

"Tribal" barbarism is alive and well even today and "civilization" is quick to fall off it's moral high horse.

Canada is still one of the best places you could raise Junior....even with all its worts.