Public Lands and Natural Resources: Confederation and Onwards

• Author: Elaine L. Hughes, Arlene J. Kwasniak, Alastair R. Lucas
• Pages: 27-51

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CHA PTER 2

PUBLIC LANDS AND

NATUR AL R ESOURCES:

CONFEDER ATION A ND

ON WA R DS

Arlene J Kwasniak

A. INTRODUCTION

Chapter 1 began a brief journey through the history of the develop-

ment of Canada and its public lands a nd resources. Focusing on key

events, it commenced with the rich and d iverse history of Indigenous

Canada, pre-European contact, and ended with the War of 1812 and its

inf‌luences on the development of Canadian public lands a nd resources.

This chapter continues the journey sta rting with Can adian Confedera-

tion in 1867.

Part B describe s Canadian Confederation in 1867 and highlight s

the expansion of the countr y through the acquisition of Rupert’s

Land from the Hudson’s Bay Company in 1869 and the facilitation

of immigration to thi s area and its economic development with the

building of the cross-country Canadian Pacif‌ic Railway in 1879–85.

Part B ref‌lects on an independent Aborigi nal territory th at could have

existed with in Canada, additional to t hat described in Chapter 1 in

connection with the War of 1812. The territory would have been under

the jurisdiction of the Métis, as a result of the Red River and North

West Rebellions. It then discusses how, similar to the US federal gov-

ernment treatment of western states, the Canadian Dominion held

back public lands and resources f rom the Prairie provinces upon

Confederation — Manitoba (1870), Alberta (1905), and Saskatchewan

(1905). It notes that, dissimilar to the western US states, these province s

PUBLIC LANDS A ND RESOURCES LAW IN CA NADA28

eventually won back their public lands a nd re sources. It then describes

the cutting up of the public domain to facilit ate new settlement and

provide for land grants to f‌ina nce expansion and development. A dis-

cussion follows of the early division of public lands i n the Canadian

East, pre-Confederation, and the more orderly survey gr id in the

West. Next, the chapter shows how the combination of land grants

and the setting aside of homestead and other lands have resulted in a

land ownership chequerboard, not dissimilar to the wester n US land

ownership checkerboard. Chapter 2 ends with ref‌lections on the his-

torical background to Canada’s public lands and resources.

B. CA NA DIA N CONFEDER ATION, EXPANSION,

AND SETTLEMENT; ABORIGINAL

DISPL ACEMENT, RESISTANCE, AND

UPRISING; LAND GR ANTS, SURVEYS, AND

THE CHEQUER BOARD

1) Confederation and the Growth of the Nation

Representatives from Upper and Lower Canada met with represent-

atives of the Maritime colonies in Charlottetown in 1864 to discuss

mutually benef‌icial association. At the time, different versions of the

compilation of the land that is now Can ada were contemplated. The

Maritimes were consider ing whether to forge a union with Upper and

Lower Canada, or to form their own coastal nation.1 The Charlotte-

town discus sions resulted in seventy-two resolutions aimed at crafting

a union that were then presented in October at what is known as the

Quebec Conference.2 The constitution of the new confederation was

hotly debated. The main issue was the division of legislative powers

between the federal government and the provi nces. A contentious issue

concerned the right to impose taxes and raise revenues. In the end it

was determined th at although the federal government would have ex-

tensive taxation powers, provinces could impose local taxes a nd could

raise revenue through exploiting their natural resources, including

public lands, mines and mi nerals, and water.3

1 R Douglas Franci s, Richard Jones, & Donald B Smit h, Origins: Canadian Histor y

to Confederation, 4th ed (Toronto: Ha rcourt Canada, 2000) at 478.

2 Ibid at 479 .

3 Ibid at 481 .