St Catharines Milling And Lumber Co V R
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St Catharines Milling And Lumber Co V R
''St Catharines Milling and Lumber Co v R'' was the leading case on Aboriginal title in Canada for more than 80 years. The Judicial Committee of the Privy Council, affirming a ruling by the Supreme Court of Canada, held that Aboriginal title over land was allowed only at the Crown's pleasure, and could be taken away at any time. This case, involving Ojibway Treaty No. 3 which had never been previously litigated before any court, is a leading decision in Canada on the differences between the division of legislative powers and property rights under the Constitution of Canada. Background At issue were treaty lands thought to be within Rupert's Land when Canada entered into Treaty 3 in 1873. Following the ''Ontario-Manitoba Boundary Case'', the ''Canada (Ontario Boundary) Act 1889'' placed about two-thirds of the treaty area in Ontario. Canada believed that it was entitled under the Treaty, and its legislative authority under section 91 (24) of the '' Constitution Act, 1867'' for "In ...
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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ...
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Rupert's Land
Rupert's Land (french: Terre de Rupert), or Prince Rupert's Land (french: Terre du Prince Rupert, link=no), was a territory in British North America which comprised the Hudson Bay drainage basin; this was further extended from Rupert's Land to the Pacific coast in December 1821. It was established to be a commercial monopoly by the Hudson's Bay Company (HBC), based at York Factory. The territory operated for 200 years from 1670 to 1870. Its namesake was Prince Rupert of the Rhine, who was a nephew of Charles I and the first governor of HBC. The areas formerly belonging to Rupert's Land lie mostly within what is today Canada, and included the whole of Manitoba, most of Saskatchewan, southern Alberta, southern Nunavut, and northern parts of Ontario and Quebec. Additionally, it also extended into areas that would eventually become part of Minnesota, North Dakota, and Montana. The southern border west of Lake of the Woods to the Rocky Mountains was the drainage divide between ...
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Aboriginal Title In Canada
In Canada, aboriginal title is considered a ''sui generis'' interest in land. Aboriginal title has been described this way in order to distinguish it from other proprietary interests, but also due to the fact its characteristics cannot be explained by reference either to only the common law rules of real property, or to only the rules of property found in Indigenous legal systems. The Supreme Court of Canada has characterised the idea that aboriginal title is ''sui generis'' as the unifying principle underlying the various dimensions of that title. Aboriginal title is properly construed as neither a real right nor a personal right, despite the fact that it appears to share characteristics of both real and personal rights. Aboriginal title refers to the concept of a ''sui generis'' right in land that originates from the exclusive occupation and use of a specific territory by an aboriginal group over which the group has a native historic attachment. Source of aboriginal title In ...
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Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from t ...
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Judicial Committee Of The Privy Council Cases On Appeal From Canada
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ...
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Canadian Aboriginal Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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1888 In Canadian Case Law
In Germany, 1888 is known as the Year of the Three Emperors. Currently, it is the year that, when written in Roman numerals, has the most digits (13). The next year that also has 13 digits is the year 2388. The record will be surpassed as late as 2888, which has 14 digits. Events January–March * January 3 – The 91-centimeter telescope at Lick Observatory in California is first used. * January 12 – The Schoolhouse Blizzard hits Dakota Territory, the states of Montana, Minnesota, Nebraska, Kansas, and Texas, leaving 235 dead, many of them children on their way home from school. * January 13 – The National Geographic Society is founded in Washington, D.C. * January 21 – The Amateur Athletic Union is founded by William Buckingham Curtis in the United States. * January 26 – The Lawn Tennis Association is founded in England. * February 6 – Gillis Bildt becomes Prime Minister of Sweden (1888–1889). * February 27 – In West Or ...
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Guerin V
Guerin or Guérin may refer to: People Surname Actors and dancers * Bruce Guerin (1919–2012), American child actor * Florence Guérin (born 1965), French actress * François Guérin (1927–2003), French actor * Isabelle Guérin (born 1961), French ballet dancer * Lucy Guerin (born 1961), Australian dancer and choreographer * Maude Guérin (born 1965), Canadian film and television actress * Roger Guérin (1926–2010), French musician and singer * Theodosia Stirling (1815–1904), known as Mrs. Guerin, Australian actor and singer Artists * Charles-François-Prosper Guérin (1875–1939), French post-impressionist painter * Christophe Guérin (1758–1831), French engraver and painter * Emmanuel Guérin (1884–1967), French sculptor * François Guérin (artist) (1717–1801), French miniaturist, draughtsman and artist * Gabriel-Christophe Guérin (1790-1846), Bavarian painter * Gilles Guérin (1611–1678), French sculptor * Jean Michel Prosper Guérin (1838–after 1912), Fre ...
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Royal Proclamation Of 1763
The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It followed the Treaty of Paris (1763), which formally ended the Seven Years' War and transferred French territory in North America to Great Britain. The Proclamation forbade all settlements west of a line drawn along the Appalachian Mountains, which was delineated as an Indian Reserve. Exclusion from the vast region of Trans-Appalachia created discontent between Britain and colonial land speculators and potential settlers. The proclamation and access to western lands was one of the first significant areas of dispute between Britain and the colonies and would become a contributing factor leading to the American Revolution. The 1763 proclamation line is situated similar to the Eastern Continental Divide, extending from Georgia to the divide's northern terminus near the middle of the northern border of Pennsylvania, where it intersects the northeasterly St. Lawrence Divide, and extends further thr ...
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Lake Wabigoon
Wabigoon Lake is a lake located in the Kenora District in northwestern Ontario, Canada. The community of Dryden (pop 8,198) is located on the north shore of the lake, and the primary inflow and outflow is the Wabigoon River. A dam built to provide power for the early pulp and paper company raised the original level of the lake by several feet and its current average depth is , destroying a significant amount of the local timber and wild rice in the process. The name "Wabigoon" comes from the Ojibwe The Ojibwe, Ojibwa, Chippewa, or Saulteaux are an Anishinaabe people in what is currently southern Canada, the northern Midwestern United States, and Northern Plains. According to the U.S. census, in the United States Ojibwe people are one of ... ''waabigon'', "marigold", or ''waabi-miigwan'', "white feather". See also * List of lakes in Ontario References Lakes of Kenora District {{NorthernOntario-geo-stub ...
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Constitution Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), is a major part of the Constitution of Canada. The act created a federation, federal dominion and defines much of the operation of the Government of Canada, including its Canadian federalism, federal structure, the House of Commons of Canada, House of Commons, the Senate of Canada, Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the Parliament of the United Kingdom, British Parliament, including this Act, were renamed. Although, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control ove ...
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Constitution Of Canada
The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various codified acts, treaties between the Crown and Indigenous Peoples (both historical and modern), uncodified traditions and conventions. Canada is one of the oldest constitutional monarchies in the world. According to subsection 52(2) of the ''Constitution Act, 1982'', the Canadian Constitution consists of the ''Canada Act 1982'' (which includes the ''Constitution Act, 1982''), acts and orders referred to in its schedule (including in particular the ''Constitution Act, 1867'', formerly the ''British North America Act, 1867''), and any amendments to these documents. The Supreme Court of Canada has held that the list is not exhaustive and also includes a number of pre-confederation acts and unwritten components ...
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