The National Post has been one of the biggest media supporters of heritage in Ontario, often editorializing about it. But they lost it last week, looking at the issue of property rights in an editorial on Friday.:
"The absence of a constitutional protection for property rights -Canada is one of few industrialized countries without one -means that municipalities and provinces can run roughshod over property rights without fear of reprisal. They can impose Heritage Building designations, which prevent the redevelopment of buildings even when they are in a state of disrepair. They can declare land to be part of a greenbelt, and decimate both its potential uses and its value overnight. They can deny citizens building permits to modify their homes, even when they are disabled, on the grounds of cultural preservation. The list of potential -and real -abuses is long, and citizens have no Charter grounds on which to fight back."
Ah, the greenbelt, which so horribly calls farmland farmland, so egregiously prohibiting farmers from planting houses, a much more profitable crop. But of more significance to us is the horror of imposing Heritage Designations and prohibiting modifications on grounds of Cultural Preservation? Where do we start?
1) if only it were so, we wouldn't be having the problems that we do have across this province, of municipalities refusing to even list buildings, let alone impose heritage designations because of their belief in "property rights."
2) Why pick on heritage here, or a poor protected bird? Why can't I run an auto paint shop in my backyard, a tannery in my basement, or build twelve stories high? What right does the City have to restrict what I do on my property?
3) I challenge the Post to name one other country besides the United States with explicit property rights, and to explain why the United states has a) zoning b) heritage restrictions c) greenbelts e) environmental legislation restricting actions and uses; d) expropriation of private land for commercial purposes, confirmed by the Supreme Court in Kelo vs New London.
In fact nobody has these so-called "property rights," because even in the USA, people realize that there is a common societal good that is sometimes more important. If these guys don't like heritage or environmental regulations because they can't build subdivisions or kill endangered species, be honest about it.