Ungranted Land Before Confederation

Ungranted Land Before Confederation

Supreme Court of Canada

In Re Provincial Fisheries (1896) 26 SCR 444

Date: 1896-10-13


“The beds of public harbours not granted before confederation are the property of the Dominion of Canada. Holman v. Green, (1881 CanLII 35 (SCC), 6 Can. S. C. R. 707) followed. The beds of all other waters not so granted belong to the respective provinces in which they are situate, without any distinction between the various classes of waters.”

Note, in the reference RE Provincial Fisheries, a constant theme is ungranted land at Confederation: the reason for this is simple….if the land had been granted to others before Confederation, it was neither “in the Province” nor “in the Dominion”.

It only follows then that OUR land, granted before Confederation, is neither “in the Province” nor “in the Dominion” and as such neither the Province nor the Dominion has the right to legislate our land use.