AN INQUIRY INTO THE LAW ON RACIAL AND RELIGIOUS RESTRAINTS ON ALIENATION

Abstract

Recent conflicts between freedom of land alienation and the freedom of contract and association have caused confusion in the common law. This confusion was made public as a result of Noble v. Wolf, in which the Supreme Court of Canada held the race-based restraint on alienation invalid. In order to determine the limits of the decision, to examine the difficulties surrounding the interpretation of provincial legislation and shed light on the source of confusion, the author examines the historical development of the principles involved and draws comparisons to American racial and religious restrictions affecting land.