Attorney General for Manitoba v. Attorney General for Canada

Attorney General for Manitoba v. Attorney General for Canada

Majority held that the statutory conveyance was conditional and its operation was suspended until particular lands were ascertained and identified as swamp lands and transferred by order‑in‑council; until such transfer the Dominion retained administration and revenues which enured to the use of the Dominion; appeal dismissed.

Citation
(1904) 34 SCR 287
Parties
Appellant/plaintiff: Attorney General for Manitoba; Respondent/defendant: Attorney General for Canada
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 February 1904
Procedural Posture
Appeal / On Appeal From the Exchequer Court of Canada to the Supreme Court of Canada
Outcome
Appeal dismissed
Legal Topics
Statutory Construction, Land Grants, Swamp Lands, Title to Land, Orders in Council, Revenues and Emblements, Trusts and Fiduciary Duties
Source Language
English
Property Law Constitutional Law Administrative Law Statutory Interpretation Statutory Construction Land Grants Swamp Lands Title to Land +3 more

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Parties

Attorney General for Manitoba

Appellant/plaintiff

Attorney General for Canada

Respondent/defendant

Procedural Posture

Appeal / On Appeal From the Exchequer Court of Canada to the Supreme Court of Canada

Legal Issues

  1. 1 Whether 48 & 49 Vict. ch. 50 s.1 effected a grant in prœsenti of swamp lands to Manitoba or a conditional grant effective only upon ascertainment and transfer by the Dominion
  2. 2 Whether the Dominion retained administration and revenues of the lands until formal transfer by order-in-council
  3. 3 Whether the Dominion held revenues as trustee for Manitoba and therefore was liable to account

Ratio Decidendi

Majority held that the statutory conveyance was conditional and its operation was suspended until particular lands were ascertained and identified as swamp lands and transferred by order‑in‑council; until such transfer the Dominion retained administration and revenues which enured to the use of the Dominion; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs; judgment of the Exchequer Court of Canada affirmed