Aboriginal title—a national, constitutional threat – Fraser Institute

January 09, 2026

In British Columbia, property rights are in turmoil. But not just in B.C.—across Canada, land is susceptible to the threat of Aboriginal rights.

This property upheaval has two distinct sources. The first is Section 35 of the Constitution Act, 1982. The second is the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). B.C. is particularly susceptible to both, but the rest of the country is not immune from either.

Courts control Section 35. Governments and legislatures control whether UNDRIP applies in their jurisdictions.

Read More: https://www.fraserinstitute.org/commentary/aboriginal-title-national-constitutional-threat