Canada’s Constitution Doesn’t Protect Property, and Homeowners Are Now Paying the Price Governments should exist to preserve property, a principle articulated by John Locke. However, Canadian governments are currently failing this standard, as evidenced by the recent Cowichan Tribes v. Canada case. This ruling has destabilized home ownership by affirming that aboriginal title can coexist with and precede fee simple ownership on the same property.

• A primary purpose of government is the preservation of property, as stated by philosopher John Locke.
• Canadian governments are failing to uphold this principle.
• The Cowichan Tribes v. Canada case has created uncertainty regarding property rights.
• The ruling established that aboriginal title can exist on the same property as fee simple ownership and is a senior interest.