One of the distinctive features of Canada’s Charter of Rights is that it does not contain a clause protecting property rights. The Charter’s lack of…
The Annapolis case involved a developer that acquired lands in the Halifax area beginning in the 1950s. In 2006, Halifax adopted a plan that designated the lands as part of a future park. However, rather than purchasing or expropriating the lands with compensation, the city simply refused the owner’s requests to proceed with any form of development. In effect, the city acquired a park for free.
This claim was rejected by the Nova Scotia Court of Appeal. The case was then appealed to the Supreme Court of Canada . The Supreme Court’s decision in the case was released on Friday, and it is the Court’s most important statement on property rights in decades. Writing for a narrow, 5-4 majority, Justices Suzanne Côté and Russell Brown conclude that Annapolis’s claim for compensation must be allowed to proceed to trial. More importantly, their decision sets out an approach to constructive takings that provides meaningful protection for property owners against government regulations that amount to a taking of property.Article content
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