Property Rights

"This book brings together a variety of perspectives to provide a comprehensive analysis of the important issue of property rights, which continues to animate the body politic of Australia and Canada in particular. As such, it will be of interest to students and scholars of colonial history, property theory, indigenous studies, and law, as well as to judges, lawyers, and the inquisitive general reader."--BOOK JACKET.

Property rights; the foundation of everyone's wealth, prosperity, dreams and ambition. There is intellectual property, real property, life, limb and liberty property, religions property, etc. These rights are your property and are to be upheld by the courts, the legislators and government. So where have all of these rights gone? This document explains where your rights come from and how they are to be protected. It explains the who, what, when, why and how your rights are being steadily removed. It explains what we, as a people, can do to re-establish our rights, not only for us, but for the future generations. We are fighting for humanity and the right to celebrate our freedoms, particularly the right of private property.

While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project. Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Property contributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law. The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.

When it comes to urban planning, to what extent and under what conditions should the community’s interest prevail over the rights of private property owners? Public Interest, Private Property addresses this question at a time when pollution, urban sprawl, and condo booms are forcing municipal governments to adopt prescriptive laws and regulations. Case studies focus on spheres in which public values and private property rights collide – expropriation law, natural resources regulation, green development, and water provision – laying the groundwork for more active debates on the issues currently shaping our cities.

"This practical guide provides a succinct overview of the principles of the common law of property in Canada's common law provinces and territories and a guide to the history and fundamental principles of Aboriginal title. This 2nd edition incorporates new and leading cases in real and personal property in context with statutes from across Canada highlighting intervening changes in the law since the publication of the first edition."--Publisher.

A meticulously researched and revisionist study of the nineteenth-century Ontario's Married Women's Property Acts. They were important landmarks in the legal emancipation of women.

Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.

A new understanding of the causes and consequences of incomplete property rights in countries across the world.