St Catharines Milling and Lumber Co v R
| 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, which affirmed the judgment of the Chancery Division, 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 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.