St. Catherine's milling & lumber vs. the queen

Question 1

aboriginal title

Answer 1

inherent right to land/territory

Question 2

royal proclamation 1763

Answer 2

recognized that land title and acknowledged land must be purchased by crown prior to settlement

Question 3

usufructuary right

Answer 3

right to use land that belongs to someone else

Question 4

1888 judicial committee of the Privy Council stated

Answer 4

aboriginal title rested with the crown
overturned in Calder case in 1973

Question 5

province of Ontario’s arguments

Answer 5

• indigenous people had no government or organization, regarded as incapable of holding lands
• lands reserved for Indians were reserves - don’t cover lands which weren’t subject of treaty or surrender
• indigenous people had “no fixed residence”

Question 6

treaty 3 terms

Answer 6

• legally meaningless
• indigenous people could treat with the crown for extinction of their right to occupancy
• if refused, government could go ahead with settlement and development, displacing people

Question 7

Terra Nullis

Answer 7

land legally deemed unoccupied or uninhabited