ABSTRACT

When in 1991 the Canadian government proposed entrenching property rights in the Constitution, many environmentalists balked. Career environmentalists almost unanimously warned that including property rights in the Canadian Charter of Rights and Freedoms would weaken government’s power to plan and legislate. Landowners and businesses, they cautioned, would fight unconstitutional pollution regulations in the courts. Even 172unsuccessful court challenges could tie up legislation, create uncertainty, and cost considerable sums, chilling government actions. 2