St Catharines Milling and Lumber Co v R information
St Catharines Milling and Lumber Co v R
Court
Judicial Committee of the Privy Council
Full case name
St Catharines Milling and Lumber Company v The Queen
Decided
12 December 1888
Citation
[1888] UKPC 70, 14 App Cas 46
Case history
Appealed from
St. Catharines Milling and Lumber Co. v. R, 1887 CanLII 3, 13 SCR 577 (20 June 1887), Supreme Court (Canada), affirming a decision of the Court of Appeal for Ontario,[1] which affirmed the judgment of the Chancery Division,[2] restraining the defendants from cutting timber on lands in Ontario claimed to be public lands of the Province.
Court membership
Judges sitting
Earl of Selborne, Lord Watson, Sir Arthur Hobhouse, Sir Barnes Peacock, Sir Montague E. Smith and Sir Richard Couch
Case opinions
Decision by
Lord Watson
St Catharines Milling and Lumber Co v R[3] 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. The 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.
^St. Catharines Milling and Lumber Co. v. R., 1886 CanLII 30, 13 Ont. App. R. 148 (20 April 1886), Court of Appeal (Ontario, Canada)
^(1885), 10 O.R. 196
^St. Catharines Milling and Lumber Company v The Queen [1888] UKPC 70, (1888) 14 App Cas 46 (12 December 1888)
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