St. Catherines Milling v. The Queen
Encyclopedia
St. Catherine's Milling and Lumber Co. v. The Queen (1888) 14 App. Cas. 46 (J.C.P.C.) was the leading case on aboriginal title
in Canada
for more than 80 years. The Judicial Committee of the Privy Council
held that aboriginal title over land was allowed only at the crown's pleasure, and could be taken away at any time.
Lord Watson identified the source of aboriginal title was from the Royal Proclamation of 1763
which gave Indians "a personal and usufructuary right, dependent upon the good will of the Sovereign".
Aboriginal title
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism...
in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
for more than 80 years. The Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
held that aboriginal title over land was allowed only at the crown's pleasure, and could be taken away at any time.
Lord Watson identified the source of aboriginal title was from the Royal Proclamation of 1763
Royal Proclamation of 1763
The Royal Proclamation of 1763 was issued October 7, 1763, by King George III following Great Britain's acquisition of French territory in North America after the end of the French and Indian War/Seven Years' War...
which gave Indians "a personal and usufructuary right, dependent upon the good will of the Sovereign".