OTTAWA, ON (November 27, 2025):
Canadians assume that what they own is secure — their homes, farms, savings, vehicles, and small businesses. In reality, this is only true so long as the government allows it.
In Beyond patchwork protection: Towards comprehensive property rights in Canadian law, Paul Warchuk examines the weak foundations of Canada’s property rights and calls for protections that limit the power of government over private property.
“The consequences reach far beyond individual hardship,” explains Warchuk. “Weak property rights discourage investment, erode public trust, and concentrate power in the state. A society that treats ownership as conditional undermines citizens’ freedom to plan, build, and innovate.”
According to Warchuk, under the current patchwork of common law property protections, property rights are systematically eroded through incremental encroachments. To effectively address the problem, he urges Canada to adopt comprehensive safeguards built on four core ideals:
- Fair compensation for all takings
- Legitimate public purpose
- Due process before deprivation
- Proportionality
Rather than pushing for constitutional amendments, Warchuk advocates for incremental strengthening of property rights through ordinary legislation: not only to address concerns about judicial unpredictability, but also to build public support.
“Canada has the legal tools, successful models and compelling reasons to strengthen property rights protection,” writes Warchuk.
“The question is not whether Canada should protect property rights more robustly, but when and how.”
To learn more, read the full paper here:
Paul Warchuk is an assistant professor at the University of New Brunswick Faculty of Law.
For further information, media are invited to contact:
Skander Belouizdad
Communications Officer
(613) 482-8327 x111
Skander.belouizdad@macdonaldlaurier.ca
