if you throw the liberal philosophy and rhetoric about property
rights out the window (and this is especially necessary in canada, where
property rights are only weakly recognized by common law, and have no
standing whatsoever at a constitutional level, being explicitly rejected
by parliament (perhaps for political reasons, but nonetheless)
repeatedly), the way "buying" property works in reality is something
that is basically still feudal in nature.
the proposed
constitutional amendment (which the conservatives actually voted down,
afraid it was going to create social rights) was itself more or less
useless. it said something like "nobody should be deprived of property,
unless we say so - in which case we agree to compensate them for it". it
was never worded in a way that allowed for real property rights, it was
more of a right of compensation for state infringement on property.
and, in truth that's what already exists in case law. the proposed, and
defeated, amendment was not really meaningful, except to legislate
existing case law.
the legal owner of every inch of
property in canada (including virtually all native land reserves and
virtually everything we refer to as "private property") is the crown,
which in canada since 1981 (at the latest possible interpretation date)
is legally considered to mean the federal government, to the chagrin of
certain groups, but legally so nonetheless. the crown has split this
giant area of land up into a very large number of fiefs, which it
retains ownership of but passes certain privileges off in the form of
various titles. the most common type of fief in the former british
empire is the fee simple. fee simple is a title that allows the owner of
the title (not the owner of the land) to develop the land in certain
ways in exchange for a yearly rental fee, which we refer to as a
property tax. actual ownership of land in canada is called allodial
title, which is unheard of - it only exists in theory, as an abstract
possibility.
see, this is where the liberal literature
about property gets really confusing, which reduces to an educational
fail. i mean, it's what they teach us in schools, so it's what people
think is accurate. there's this widespread misunderstanding that
property owners (note the language, which is suggestive) ultimately
allodially own a piece of property, and that taxes and regulations on
that property are consequently some kind of invasion of freedom. but
this interpretation is purely projective. it's what liberals WANT to be
true, but it has essentially no legal or traditional basis of any kind
whatsoever in canada. it is really just simply *wrong* to try and
understand property like this. if it's what you want, then get a gun and
start a militia, because it's the only way you're going to get it.
personally, i'm not much of a fan of understanding property like this.
i'd rather talk about social ownership than private ownership.
but,
neither of these things exist in canada. in reality, the crown owns the
land, and the taxes paid are a yearly type of rent to use it, subject
to the conditions laid out in laws (which are the rental agreements, and
dictated by the state).
the truth is that this is the
general form of rights in canada, and it may actually be the smarter way
to do it, despite appearing weaker.
our rights are all of the form:
"all canadians have this right, unless we take it away, in which case we agree to compensate for it."
rather than american rights which are just generally of the form:
"all americans have this right."
...which *actually means*
"all americans have this right, unless we decide otherwise, in which case you're fucked."
the
rule of law is another liberal fantasy that comes off as particularly
hilarious when you look at the actual historical record.
but this isn't yet another anarchist rant....