Attorney-General For Canada v. Giroux

Attorney-General For Canada v. Giroux

The Supreme Court affirmed dismissal: on the proper construction of the Indian Act and related statutes an Indian is not ipso facto excluded from purchasing surrendered Indian lands; the registered order-in-council and surrender are prima facie proof of a valid surrender and Crown acceptance; where statutory context...

Source-derived case information.

Citation
(1916) 53 SCR 172
Parties
Appellant/plaintiff: Attorney-General for Canada; Respondent/defendant: Pierre Giroux; Mis En Cause: Onésime Bouchard
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 May 1916
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From Court of King's Bench, Province of Quebec
Outcome
Appeal dismissed; judgment of Court of King's Bench affirmed
Legal Topics
Lands Reserved for Indians, Surrender of Reserve, Sale of Surrendered Indian Lands, Crown Title Allocation (dominion V Province), Statutory Interpretation of 'person', Evidentiary Weight of Public Documents, Taxation/exemption of Indian Property
Source Language
english
Constitutional Law Aboriginal/indian Law Property Law Evidence Law Lands Reserved for Indians Surrender of Reserve Sale of Surrendered Indian Lands Crown Title Allocation (dominion V Province) +3 more

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Parties

Attorney-General for Canada

Appellant/plaintiff

Pierre Giroux

Respondent/defendant

Onésime Bouchard

Mis En Cause

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From Court of King's Bench, Province of Quebec

Legal Issues

  1. 1 Whether the lands were validly constituted as an Indian reserve before Confederation and thus passed to the Dominion
  2. 2 Whether the surrender accepted by order-in-council vested the lands in the Crown in trust and under Dominion control
  3. 3 Whether statutory provisions (Indian Act and R.S.C. revisions) precluded an Indian from purchasing surrendered Indian lands (interpretation of 'person' and 'located Indian')

Ratio Decidendi

The Supreme Court affirmed dismissal: on the proper construction of the Indian Act and related statutes an Indian is not ipso facto excluded from purchasing surrendered Indian lands; the registered order-in-council and surrender are prima facie proof of a valid surrender and Crown acceptance; where statutory context and departmental recognition support the transaction and possession, the Crown's claim to recover the land fails and the respondent's title stands.

Court Disposition

Appeal dismissed; judgment of Court of King's Bench affirmed

Orders

  • Appeal dismissed with costs to respondent