Excerpts from <em>Connolly v. Woolrich et al.</em> (1867), 17 R.J.R.Q. 75
Canada
common law
civil law
Indigenous law
legal systems
These files contain excerpts from <em>Connolly v. Woolrich et al.</em> , an important 1867 case. This case considered the legality of a marriage between a man employed by the Hudson Bay and an indigenous woman. The wedding was not performed by a priest, but rather, in accordance with indigenous traditions. The progeny of this relationship later made claim to the man’s estate upon his death; however, the man had married once again in a recognized institution upon his retirement. His widow claimed the previous marriage was invalid and the son was entitled to nothing. Monk J. disagreed. He reasoned that we must not abrogate indigenous traditions in favour of our own without good reason; rather, we ought to consider such traditions alongside our own legal traditions. Ultimately, Monk J. went on the record to say that indigenous rights and customs mattered, to some degree, as much as those of the European settlers.
Quebec Superior Court per Monk J
<em>Connolly v. Woolrich et al.</em> (1867), 17 R.J.R.Q. 75
Superior Court of Quebec
July 9, 1867
Quebec Superior Court
For a link to the full text of the case, see: <a href="http://documents.mx/documents/connolly-v-woolrich-1867.html" target="_blank">http://documents.mx/documents/connolly-v-woolrich-1867.html</a>
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English
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Web page: "Where our legal system comes from"
Canada
legal system
civil law
common law
This web page provides background information about the common law tradition, the civil law tradition, Aboriginal treaty rights, how Parliament makes laws, and the nature of regulations.
Government of Canada
Department of Justice, Canada
Canada, Department of Justice, "Where our legal system comes from" (web page, online): <a href="http://www.justice.gc.ca/eng/csj-sjc/just/03.html" target="_blank">http://www.justice.gc.ca/eng/csj-sjc/just/03.html</a>
Canada, Department of Justice
Dec. 15, 2016
(c) Government of Canada
Credit: Canada, Department of Justice
Canada, Department of Justice, online: <a href="http://www.justice.gc.ca/" target="_blank">http://www.justice.gc.ca/</a>
Hyperlink
English
Webpage
Hyperlink
Image: Bijuralism: A Timeline
Canada
Legal system
history
Bijuralism
This image is a timeline that illustrates key historic moments related to the development of bijuralism in Canada.
Canada, Department of Justice
Canada, Department of Justice, "Bijuralism and Harmonization: Bijuralism: A Timeline", online: <a href="http://www.justice.gc.ca/eng/csj-sjc/harmonization/bijurilex/timeline-ligne.html" target="_blank">http://www.justice.gc.ca/eng/csj-sjc/harmonization/bijurilex/timeline-ligne.html</a>
Government of Canada, Department of Justice
January 7, 2015
(c) Government of Canada
(c) Canada, Department of Justice
Canada, Department of Justice, "Bijuralism and Harmonization: Bijuralism: A Timeline", online: <a href="http://www.justice.gc.ca/eng/csj-sjc/harmonization/bijurilex/timeline-ligne.html" target="_blank">http://www.justice.gc.ca/eng/csj-sjc/harmonization/bijurilex/timeline-ligne.html</a>
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