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Jones v. Fraser

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

Quebec Family lawSeigniorial lawSuccession

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?

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Attorney-General of Canada v. Canard

Supreme Court of Canada – [1976] 1 S.C.R. 170

Manitoba DiscriminationIndian ActSuccession

Summary

This ruling followed Lavell and Drybones regarding discrimination caused by the Indian Act. It incorporates the reasoning in Lavell that s. 91(24) of the Constitution Act, 1867, which grants the federal government jurisdiction over Indians, allows differential treatment between them and the rest of the population and permits the government to legislate regarding them in the sphere of general provincial jurisdiction.

In this case, the Court found that the application of the Indian Act falls under the discretionary power of the minister and allows an interpretation that does not distinguish between Indians and other Canadians. It confirmed the Federal Court’s jurisdiction to review such decisions and to apply the relevant provisions.

Issue

Was Canard’s estate subject to the provisions of the Indian Act and are ss. 42, 43 and 44 of the Act contrary to the Bill of Rights?

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