Class 1: Historical context of Land in Canada Flashcards
What were the three sets of laws relating to Canada when the europeans arrived?
Indigenous laws, common laws and civil laws
True or False: As the crown, sometimes the incidents charged to the tenures were more valuable then the services themselves.
True. The taxes they had to pay may have been higher/worth more then a peasant who was in a unfree tenure
If a person had a tenure in socage, what did these mean?
This made the tenant render agricultural service to his lord
Did the Royal Proclamation affect indigenous peoples?
Yes it dictated how land was to be governed
What is the significance of the Treaty of Paris?
In 1763 this treaty culminated in English Supremacy
What does feudalism mean generally?
That the crown is the owner of all the lands of the realm “held rights of the crown”
Put these medical society groups in order in regards to the tenurial system (who has the most rights)
Workers
Clergy
Nobility
Nobility
Clergy
Workers
What does the doctrine of tenure mean?
It means the individual and corporations hold interests in the land but do not have outright ownership as the crown does.
Basically means possession.
Why did people call the law of tenures “tumultuous” aka what does that mean?
It means it was confusing.
What does the concept of escheat mean?
Does this apply in Canada now?
It means the reversion of property to the state.
This happens in Canada as if someone dies without a will (intestate) the govvy takes the land.
What is a free tenure?
Free tenures were given to close friends of the crown like armed horseman.
What is a unfree tenure?
Given to tenants of lowly status like slaves.
Whats a fee simple?
“a permanent and absolute tenure in land with freedom to dispose of it at will
What is the significance of the Statute of Quia Emptores?
Got rid of subinfeudiation
The Statute Quia Emptores was an expression for freedom of alienation as a principle of public policy, basically guaranteeing the tenant the right to alienate land without the consent of his lord.
After this act only the crown could grant new tenures.
Why did people reform the law of tenures?
People were trying to evade taxes that were attached to the tenure by which they held an interest in land. Thus, the monarchs wanted to plug the conveyancing “loopholes” used to escape incidents of tenure
What is the type of tenurial incidents called wardship mean?
Wardship permitted the monarch to hold the lands of a tenant who died, leaving an heir under the age of 21. The monarch was entitled of the revenues produced by the lands until the heir came of age.
What is the doctrine of reception?
Each province has a reception date, and English statutes passed before the reception date are considered to be in force in the province in question unless they have been repealed or amended subsequently by the local legislature.
What is the significance of the Royal Proclamation of 1763?
The proclamation enshrined consent as the central principle that should govern Aboriginal settler relationships
The proclamation is seen as the foundation of the treaty relationship and was generally stated was a good thing
Grants natives’ possession but ownership to the crown
What is the significance of the Treaty of Niagara 1764?
The treaty of Niagara happened after the royal proclamation and confirmed Britain’s recognition of indigenous rights
Requirement of indigenous consent with respect to the land was significant in the royal proclamation and this re-affirmed this idea
What is allodial title?
Title that constitutes ownership that is independent of any superior landlord.
