New essay series provides solutions to B.C. property rights crisis, including treaties, existing Constitutional provisions and fundamental changes to the Constitution

VANCOUVER, BC, Aug. 20, 2026 /CNW/ -- Three possible solutions to the Indigenous title-induced property rights crisis unfolding in British Columbia include a province-specific constitutional amendment (via section 43); negotiating clear, transparent, and principled treaties; and repealing section 35 of the Constitution, according to a new essay series published by the Fraser Institute, an independent, non-partisan Canadian public policy think-tank.

"Canada's prosperity rests, in part, on its tradition of protecting private property, but these rights have now been thrown into question and if the situation in B.C. isn't rectified, this crisis could easily extend to the rest of Canada," said Tegan Hill, director of BC policy with the Fraser Institute and co-editor of Potential Solutions for BC's Property Rights Crisis.

Recent court decisions, government legislation and agreements between individual First Nations and the British Columbia and/or federal governments have thrown property rights into question in B.C.

The essays, by prominent legal scholars and academics, propose three possible solutions to this untenable situation:

• Dwight Newman, Professor of Law at the University of Saskatchewan, suggests using section 43 of the Constitution, which allows amendments that affect only one province, to clarify the relationship between Aboriginal title and private property rights in B.C.
  
  
• Internationally-recognized Indigenous lawyer Thomas Isaac proposes that governments recommit to clear, transparent and principled treaties as the primary tool to negotiate recognition of constitutionally protected Aboriginal rights.
  
  
• Bruce Pardy, law professor at Queen's University, suggests repealing section 35 of the Constitution, which guarantees "the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada," revising the Charter of Rights and Freedoms, and repealing other statutes that treat Indigenous people differently than other Canadians.

"In the face of this crisis that threatens the prosperity of all Canadians, the status quo is not an option," Hill said.

"Policymakers need to make solving this crisis a priority, and Canadians need to understand the pros and cons of the different solutions."

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The Fraser Institute is an independent Canadian public policy research and educational organization with offices in Vancouver, Calgary, Toronto, Montreal, and Halifax and ties to a global network of think-tanks in 87 countries. Its mission is to improve the quality of life for Canadians, their families and future generations by studying, measuring and broadly communicating the effects of government policies, entrepreneurship and choice on their well-being. To protect the Institute's independence, it does not accept grants from governments or contracts for research. Visit www.fraserinstitute.org

SOURCE The Fraser Institute

MEDIA CONTACT: Tegan Hill, Senior Economist, Fraser Institute, To arrange media interviews or for more information, please contact: Erin Clemens, Fraser Institute, [phone] Ext. 615, [email protected]