Does the word “unoccupied Crown lands” in the terms of par. 12 of the Canada-Canada Agreement?
Saskatchewan, Canada
The following excerpt is from R. v. Strongquill, 1953 CanLII 206 (SK CA):
In Rex v. Smith, supra, the word “unoccupied” was interpreted as meaning “idle,” “not put to use,” “not appropriated,” and it was held that when the crown in right of the province appropriates or sets aside certain areas for special purposes, as for game preserves, such areas can no longer be deemed to be “unoccupied Crown lands” within the meaning of par. 12 of the agreement. Following the decision in Rex v. Smith, supra, a provincial forest created under the provisions of The Forest Act and a fur conservation area created under The Fur Act, 1950, cannot be deemed to be “unoccupied Crown lands” within par. 12 of the agreement.
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