Morgan and Jacobson v Attorney General for Prince Edward Island
Author | Margaret McCallum |
Pages | 193-221 |
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MorganandJacobsonvAttorneyGeneral
forPrinceEdwardIsland
MargaretMcCallum
I F couple from FloridaMelvi n and SylviaGri n were
orderedtopaynesofclosetoforpurchasingthroughanintermedi
aryacres seventysi xhect aresofla ndonPr inceEdwa rdIslandAsnon
residents the Grins needed Cabinet approval to acquire more than ve
acresofla ndormoret hanfeetofs horefront age The LandsProtectionAct
LPA which theGri nsv iolatedhadsur viveda Charter challenge int he
Islandcourt sin the s In two earlier cases, almost a century apart, the
Supreme Court of Canada had rejected landowners’ challenges to Island
legislation limiting the exte ntof i ndividualla nd holdingsI n the rst of
thesei nthe newlyestablished SupremeCourt upheldIsland legisla
tioncompellingresidentandnonresidentownersofmoretha nacresto
sell their estates to the government.
In MorganandJacobsonvAorneyGeneralforPrinceEdwardIslandthe
Supreme Court again upheld the right of the provincial legislature to rest rict
therightof nonresidentindividualstoholdIsla ndland This chapter tell s
the story of the Morgan case.
Histor ical Context
A major component ofwhat ni neteenthcentury
Islandersreferredto asthelandquest ionAftertheTreatyofParis
when France transferred sovereignty over what became Prince Edward Island
MargaretMcCallum
toGreatBritaintheimperialgovernmentdividedtheIslandintosixtyseven
lotsor townships ofabout ac reseach and allocated all butoneof
theseinasingledaytoaboutindividualsThegranteeswererequiredto
assumetherisks andbenetsofpopulatingtheirlotsw ithimmigrantsand
manychoseto rentlandstose lersratherthan grantingfr eeholdsForthe
next century, Islanders tried various means to persuade proprietors to con
vert leasehold grants to freeholds. Restrictions on the r ights of aliens to hold
land were part of the received law in the British North America n colonies,
but these did not apply to proprietors who remained in the United Kingdom,
asmanydidInPrinceEdwardIslandmodiedtheserestrictionsset
tinga acrelimiton alienland holdingsTheca mpaignagainstt hepro
prietorialsystemcontinueduntilwhentheIslandbythenaCanadian
province, enacted legislation to expropriate large private land holdings. Al
thoughbytheproprietorwitht helargestholdingslivedont heIsland
those who opposed monopoly control of land often strengthened their a rgu
ments by invoking the image of absentee owners living o the labour of
Islanders .
That image continues to resonate with Islanders, and is invoked in con
temporary policy debates over how Islanders should protect their land base.
TheSpeechf romtheTh roneattheopen ingoftheLegislaturein forex
ample, referred to the “long, tempestuous and sometimes, passionate history
connected with our land a nd our people’s relationship to the land . . . the cit
izens ofPrince EdwardIsland individuallya ndthrough their Government
areprepare dto utilize the lessons ofhi storyand deal witht heproblems of
land use and land ownership in a resolute and vigorous fashion.” For Isla nd
politicians, one lesson of this h istory was that voters, who would resist restric
tions on what they considered to be their rights as la ndowners, would support
dierentrules fornonresidentsRichardAlanMorganand AlanMax Jacob
sonAmericancitizenswholivedinRochesterNewYorklearnedthatlesson
inwhentheyaemptedtopurchaset hirtysixacre sfourteenandahalf
hectares) of wooded land on an unpaved road in Prince County, about three
miles from Cedar Dunes Provi ncial Park. Sol Mednick, the registered owner,
had purchased the land t he previous year from Eleanor MacWilliams.
NonResidentLandOwnershipinthes
M Marvi n Taylor, owned Canadian Estate Land Cor
poration, which marketed vacant rural land in Canada as r ecreational lots.
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