Natural Parents v. Superintendent of Child Welfare and Al.

Supreme Court of Canada – [1976] 2 S.C.R. 751

Summary

The Supreme Court found that there a provincial adoption act can apply to aboriginal people, in this case because it created no inconsistency. The child can keep its status even though he is adopted by two non-Natives.

Issue

Was section 10 of the Adoption Act, a provincial statute, incorporated into the Indian Act under section 88 of the same Act?

Jones v. Fraser

Supreme Court of Canada – [1886] 13 S.C.R. 342

Summary

The Court considered a customary marriage, but did not decide on it. The 1869 decision in Johnstone v. Connolly remained the reference.

Issue

Was the marriage between Alexander Fraser and Angelique Meadows valid?

Was Alexander Fraser’s will revoke at Marguerite Jones’ death?

Johnstone et al. v. Connolly

Quebec Queen’s Bench -- [1869], 17 R.J.R.Q. 266

Summary

This decision recognizes the validity of a Cree marriage, et gives it precedence over a Catholic marriage.

Issue

Can an Aboriginal law be recognized in common law, and if so, is the traditional Cree marriage between William Connolly and Suzanne legal?