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Private rights are held by individuals, while public rights are held by the public at large. Falling somewhere in the middle are "communal rights", where all members of one geographic, cultural or historic community hold the rights, but not the general public.

Classic examples of public rights include the public right to use highways and public rights of navigation and fishing. That being said, some courts or commentators have found support for a broader range of public rights. In 2004 the Supreme Court of Canada appeared to endorse early statements that the public has general rights in respect of running water, air and the oceans, and suggested that there might be a general class of public environmental rights.

In general the common law court have only allowed the government to enforce public rights, and it has been difficult or impossible for individual members of the public to have a status in court to enforce such rights.

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