The idea of Crown Land in a colonial, settler state is problematic to begin with. However, at least it is contestable in this form. Once the land is sold or leased, it makes it that much harder to negotiate for Aboriginal title and rights.

According to Judith McKenzie (Environmental Politics in Canada: Managing the commons into the twenty-first century. Oxford University Press, 2001), the privatization of Crown Land has become more common in Canada since the introduction in the 90s of a neo-liberal agenda.

Provinces have swept up more power over environmental policy in Canada since the 80s, as well, and are lead environmental policy makers in Canada. According to McKenzie, “In addition to their jurisdiction over provincially owned lands and resources, much legislation related to the environment has been enacted under the province’s authority over local works and undertakings” (115). The Constitution Act in 1982, section 92A, “assigned provinces exclusive jurisdiction over the development, conservation, and management of non-renewable resources in the provinces, including forestry and hydroelectric facilities. Because environmental pollution offences, for the most part, have been considered civil (not criminal) offences, provinces have also been given the authority to control water, land, and stationary (not ambient) pollution” (115).

New provincial authorities are also part of an overall pattern in Canadian governance: "federal abdication of regulatory power and delegation of administrative or enforcement authority to the provinces” (116). In other words, "decentralization." I don't know very much about this pivotal power transfer, but I'm guessing the federal funding for these programs has not been transferred along with sufficient funds to manage these resources.

Here is an example of how Crown Land is being removed from the public domain by the Ontario Ministry of the Environment:

(1)

“In the past, Crown lands in Ontario have been held in public trust for future generations of Ontario. However, the operating grants to Ontario’s Conservation Authorities were reduced by 42 per cent in 1997-8 against the 1994-5 base year” (116). [Compare this to ALRs in BC]

(2)

“The ‘Lands for Life’ process – which was hailed by the government as a much improved plan for ensuring the preservation of Ontario’s wilderness areas… has been heavily criticized by a number of environmental groups [there is some question as to whether they satisfy the international definition of protected lands, with mining, sports hunting, commercial trapping listed as accepted activities]… Lands for Life/Living Legacy settlement has opened the door for the province to negotiate long-term (100-year) leases of forest Crown land, amounting to almost one-half of Ontario’s land, with private forest companies” (118).