Reference re: British North America Act, 1867 (U.K.), s. 91

This was a reference case on whether 'Eskimo inhabitants' in Quebec fall under s 91(24) of the British North America Act, 1867. The Supreme Court of Canada concluded that they did, with multiple concurring judgements addressing a variety of arguments. The principle conclusion as given by the Chief Justice, Davis J and Hudson J (Crocket J concurring) was: 'I cannot give my adherence to the principle of interpretation of the British North America Act which, in face of the ample evidence of the broad denotation of the term "Indian" as employed to designate the aborigines of Labrador and the Hudson's Bay territories as evidenced by the documents referred to, would impose upon that term in the British North America Act a narrower interpretation by reference to the recitals of and the events leading up to the Proclamation of 1763.' (115)