Supreme Court of Canada – [1976] 2 S.C.R. 751
British Columbia Family lawIndian ActJurisdiction over IndiansStatusSummary
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?
Supreme Court of Canada – [1886] 13 S.C.R. 342
Quebec Family lawSeigniorial lawSuccessionSummary
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?
Quebec Queen’s Bench -- [1869], 17 R.J.R.Q. 266
Quebec Application of laws to AboriginalsFamily lawSummary
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?