In a common-law marriage between Indians living on a reserve, can a common law marriage be valid?

Counsel for the respondent endeavoured to restrict his argument to this type of “marriage” between Indians living on a reserve. I point out again that this is not a marriage according to custom, and in my opinion, consideration of the issue cannot be so limited. If a common-law marriage is valid in this jurisdiction or in Canada, it must apply to all persons. He further argued that the courts should approach the problem on the high principle of favouring the finding of valid marriage. I agree with this principle, when properly applied, and if doubt exists, resolving the doubt in favour of validity of marriage: Robb v. Robb, supra, is an excellent example.