The Peter A. Allard School of Law Allard Research Commons Faculty Publications Allard Faculty Publications 2017 Property and Sovereignty: An Indian Reserve and a Canadian City Douglas C. Harris Allard School of Law at the University of British Columbia,
[email protected] Follow this and additional works at: https://commons.allard.ubc.ca/fac_pubs Part of the Canadian History Commons, Indigenous, Indian, and Aboriginal Law Commons, Land Use Law Commons, Legal Commons, Legal History Commons, and the Property Law and Real Estate Commons Citation Details Douglas C Harris, “Property and Sovereignty: An Indian Reserve and a Canadian City” (2017) 50:2 UBC L Rev 321 321. This Article is brought to you for free and open access by the Allard Faculty Publications at Allard Research Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Allard Research Commons. PROPERTY AND SOVEREIGNTY: AN INDIAN RESERVE AND A CANADIAN CITY DOUGLAS C. HARRIS' I. PROPERTY AND SOVEREIGNTY Property rights, wrote Morris Cohen in 1927, are not about things, but about relations "between the owner and other individuals in reference to things.", The law of property constructs a particular set of relationships between people, and, in the case of private property, he continued, its "essence" is "always the right to exclude".2 This right, enforceable by the state, confers power on its holder-"the owner"-over others. As a result, state allotted property interests, which arise from the exercise of state sovereignty, are also delegations of power, of sovereignty. Cohen insisted, therefore, that "property and sovereignty" were to be understood together, and not confined to different spheres of private and public law.