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

Title

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

Subject

Canada
common law
civil law
Indigenous law
legal systems

Description

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.

Creator

Quebec Superior Court per Monk J

Source

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

Publisher

Superior Court of Quebec

Date

July 9, 1867

Rights

Quebec Superior Court

Relation

For a link to the full text of the case, see: http://documents.mx/documents/connolly-v-woolrich-1867.html

Format

image files/jpeg

Language

English

Type

Text

Files

connolley woolwich 1.jpg
connolley woolwich 2.jpg
connolley 3.jpg
connolley 4.jpg

Citation

Quebec Superior Court per Monk J, “Excerpts from Connolly v. Woolrich et al. (1867), 17 R.J.R.Q. 75,” Exhibits, accessed March 26, 2019, https://exhibits.library.utoronto.ca/items/show/2422.