Excerpts from Connolly v. Woolrich et al. (1867), 17 R.J.R.Q. 75

Excerpts from Connolly v. Woolrich et al. (1867), 17 R.J.R.Q. 75

Canada

common law

civil law

Indigenous law

legal systems

These files contain excerpts from Connolly v. Woolrich et al. , 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

Connolly v. Woolrich et al. (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: http://documents.mx/documents/connolly-v-woolrich-1867.html

image files/jpeg

English

Text