St. Catharines Milling and Lumber Co. v. R.

St. Catharines Milling and Lumber Co. v. R.

The Court affirmed the courts below: ungranted lands within Ontario are part of the provincial public domain and belong to Ontario by virtue of the BNA Act; only lands specifically set apart and reserved for the exclusive use of Indians fall within "lands reserved for the Indians" in s.91(24); where Indian occupancy has been lawfully extinguished the legal estate vests in the Crown in right of the Province (s.109, s.92(5)), so the Dominion licence did not authorize cutting on Ontario public lands.

Citation
(1887) 13 SCR 577
Parties
Appellant / Defendant: St. Catharines Milling and Lumber Co.; Respondent / Plaintiff: The Queen (on the information of the Attorney General for the Province of Ontario)
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 June 1887
Procedural Posture
Civil — Crown Information for Injunction Re Trespass to Timber; Constitutional Appeal Re Land Title / Appeal to the Supreme Court of Canada — Final Judgment
Outcome
Appeal dismissed; judgment of Court of Appeal for Ontario and Chancery Division affirmed (defendants restrained)
Legal Topics
Indian Title, Public Lands, Interpretation of British North America Act 1867, Treaty Extinguishment of Aboriginal Occupancy, Division of Powers Between Dominion and Provinces
Source Language
English
Aboriginal Law Constitutional Law Property Law Administrative Law Indian Title Public Lands Interpretation of British North America Act 1867 Treaty Extinguishment of Aboriginal Occupancy +1 more

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Parties

St. Catharines Milling and Lumber Co.

Appellant / Defendant

The Queen (on the information of the Attorney General for the Province of Ontario)

Respondent / Plaintiff

Procedural Posture

Civil — Crown Information for Injunction Re Trespass to Timber; Constitutional Appeal Re Land Title / Appeal to the Supreme Court of Canada — Final Judgment

Legal Issues

  1. 1 Whether lands within Ontario occupied by Indians but unsurrendered at Confederation are "lands reserved for the Indians" under s.91(24) of the BNA Act
  2. 2 Whether ultimate title to ungranted lands within provincial boundaries vested in the Province (s.109, s.92(5)) or in the Dominion when Indian occupancy is extinguished by treaty
  3. 3 Effect and legal force of the Royal Proclamation 1763 on meaning of "lands reserved for the Indians"

Ratio Decidendi

The Court affirmed the courts below: ungranted lands within Ontario are part of the provincial public domain and belong to Ontario by virtue of the BNA Act; only lands specifically set apart and reserved for the exclusive use of Indians fall within "lands reserved for the Indians" in s.91(24); where Indian occupancy has been lawfully extinguished the legal estate vests in the Crown in right of the Province (s.109, s.92(5)), so the Dominion licence did not authorize cutting on Ontario public lands.

Court Disposition

Appeal dismissed; judgment of Court of Appeal for Ontario and Chancery Division affirmed (defendants restrained)

Orders

  • Appeal dismissed with costs to respondent
  • Order of injunction/restraint against the defendants cutting and carrying away timber on the lands affirmed