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St Catherines Milling and Lumber Co v R ：ウィキペディア英語版

St Catherines Milling and Lumber Co v R

''St Catherines Milling and Lumber Co v R'' was the leading case on aboriginal title in Canada for more than 80 years. The Judicial Committee of the Privy Council, affirming a ruling by the Supreme Court of Canada, held that aboriginal title over land was allowed only at the crown's pleasure, and could be taken away at any time. This case, involving Ojibway Treaty No. 3 which had never been previously litigated before any court, is a leading decision in Canada on the differences between the division of legislative powers and property rights under the Constitution of Canada.
==Background==

At issue were treaty lands thought to be within Rupert's Land when Canada entered into Treaty 3 in 1873. Following the ''Ontario-Manitoba Boundary Case'', the ''Canada (Ontario Boundary) Act 1889'' placed about two-thirds of the treaty area in Ontario. Canada believed that it was entitled under the Treaty, and its legislative authority under section 91 (24) of the ''Constitution Act, 1867'' for "Indians and Lands reserved for the Indians", to administer Treaty lands. The lumber company was granted a federal permit to a timber berth on Lake Wabigoon, and that permit was challenged by the Province.

抄文引用元・出典: フリー百科事典『ウィキペディア（Wikipedia）』
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