What are the requirements of McIntyre J's requirements?
Canada (Federal), Canada
The following excerpt is from Roberts v. Canada, 1987 CanLII 5338 (FCA), [1987] 2 FC 535:
In the present appeal, there would not appear to me to be any great problem raised by the second and third of McIntyre J.'s requirements. The case relates to the possession of Indian reserve lands. As was stated by Chouinard J., speaking for the court in Derrickson v. Derrickson (1986), 1986 CanLII 56 (SCC), 26 D.L.R. (4th) 175 at p. 184, [1986] 1 S.C.R. 285 at p. 296, [1986] 3 W.W.R. 193: The right to possession of lands on an Indian reserve is manifestly of the very essence of the federal exclusive legislative power under s-s. 91(24) of the Constitution Act, 1867. It follows that provincial legislation cannot apply to the right of possession of Indian reserve lands.
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