92-641: Treaty 8 , which concluded with the June 21, 1899, signing by representatives of the Crown and various First Nations of the Lesser Slave Lake area, is the most comprehensive of the eleven Numbered Treaties . The agreement encompassed a land mass of approximately 840,000 km (320,000 sq mi). Treaty territory, which includes thirty-nine First Nation communities in northern Alberta , northwestern Saskatchewan , northeastern British Columbia , and
184-642: A calamity. Dyck (1970). The council ordered that large quantities of beef, bacon, flour, fish and pemmican be distributed at various points in the North-West. After his term as Lieutenant Governor expired in 1881, he returned to Prince Edward Island to run again for parliament. He was defeated in the election of 1882 . After his defeat, he served as editor of the Charlottetown Patriot a newspaper in Charlottetown , until 1889. In 1870,
276-480: A crown in heraldry and other imagery such as cap badges , uniforms, government logos and elsewhere. The heraldic crown is chosen by the reigning monarch. From 1661 to the reign of Queen Victoria , an image of St Edward's Crown was used. The early part of Victoria's reign depicted the Imperial State Crown created for her coronation , while a Tudor Crown began to be used from the 1860s. In 1901,
368-623: A federal official. David Laird was born in New Glasgow, Prince Edward Island , the son of Alexander Laird and Janet Orr. David's parents had emigrated from Renfrewshire, Scotland , to Prince Edward Island in 1819. His father was a successful farmer and member of the island's executive council . His older brother Alexander held an elected seat in the island's legislative assembly . On June 30, 1864, David married Mary Louise Owen in Georgetown. Her brother, Lemuel Cambridge Owen, served as
460-686: A higher civilization by encouraging him to assume the privileges and responsibilities of full citizenship. Laird later moved back west to Manitoba and became president of the Manitoba Historical and Scientific Society from 1903 to 1904. Twenty years after his first task to work with the Plains Indians, he was appointed Indian Commissioner of the Northwest Territories, Manitoba, and Keewatin, and held that position until his death. After 1909 he also became an advisor for
552-454: A network of other institutions of a similar nature." Canadian academic Philippe Lagassé found the crown "acts in various capacities, as such: crown-in-council (executive); crown-in-parliament (legislative); crown-in-court (judicial). It is also an artificial person and office as a corporation sole. At its most basic, "the Crown" is, in the UK and other Commonwealth realms, what in most other countries
644-626: A newspaper known as The Protestant and Evangelical Witness . In 1865, its name changed to the Patriot . The first issue of The Protestant and Evangelical Witness in July 1859 proclaimed its purpose as "exposing the errors and noting the wiles and workings of popery." Laird tactfully reassured individual Catholic that he had not ill will toward them but his concern was only "the system by which they are enslaved." David Laird originally opposed Canadian confederation. However, in spite of this opposition, he
736-601: A plan to meet the crisis. A council met at Battleford in late August 1879. This council resolved: That the Conference having maturely considered the state of the Indians in the North-West Territories, and the sources from which they can supply themselves with food, is of opinion that the fears entertained of an approaching famine are only too well grounded, and that unless a very large supply of provisions
828-620: A southernmost portion of the Northwest Territories . Adhesions to this agreement were signed that same year on July 1, 1899, at Peace River Landing , July 6 at Dunvegan , July 8 at Fort Vermilion , July 13 at Fort Chipewyan , July 17 at Smith's Landing (now Fitzgerald), July 25 and 27 at Fond du Lac , August 4 at Fort McMurray , and August 14 at Wabasca Lake . Further adhesions were in 1900 on May 13 at Fort St. John , June 8 at Lesser Slave Lake , June 23 at Fort Vermilion and July 25 at Fort Resolution . Chief Keenooshayoo
920-718: A trustee and elder in the Presbyterian church. He was a member of the Auxiliary Bible Society, a vice-president of the Young Men's Christian Association and Literary Institute. During his term in parliament (1874-1876) he served as Superintendent-General of Indian Affairs, and Minister of the Interior . During his tenure as Superintendent-General of Indian Affairs, he championed the Indian Act through
1012-461: A word, the compendious formal, executive and administrative powers and apparatus attendant upon the modern constitutional and monarchical state." Lord Simon of Glaisdale stated: The crown as an object is a piece of jewelled headgear under guard at the Tower of London . But it symbolizes the powers of government which were formerly wielded by the wearer of the crown ... The term "the Crown"
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#17327795886341104-446: Is "the state"." Historically, the Crown was considered to be indivisible. Two judgments— Ex parte Indian Association of Alberta ( EWCA , 1982) and Ex parte Quark ( House of Lords , 2005)—challenged that view. Today, it is considered separate in every country, province, state, or territory, regardless of its degree of independence, that has the shared monarch as part of the respective country's government; though, limitations on
1196-675: Is a signatory to Treaty 8, but according to the text of the treaties the Yellowknives Nation's territory, known as Chief Drygeese Territory, is within Treaty 11. According to the official Treaty 8 web page, the terms of the treaty were accepted by the signatories for "reasons of peace and friendship" as part of a partnership. It was the most comprehensive of all the Numbered Treaties which included approximately 841,000 km (324,900 sq mi) of land that spanned
1288-782: Is also called the "Qu'appelle Treaty," as its first signings were conducted at Fort Qu'Appelle, Saskatchewan on 15 September 1874. Additional signings or adhesions would continue until September 1877. The Commissioners of the Queen were: the Honourable Alexander Morris , Lieutenant Governor of the Province of Manitoba and the North-West Territories; the Honourable David Laird, Minister of the Interior, and William Joseph Christie , Esquire, of Brockville, Ontario and retired Hudson's Bay Company factor for
1380-496: Is carried out by the civil servants employed in the various government departments." This interpretation was supported by section 8 of the Pensions (Colonial Service) Act 1887 ( 50 & 51 Vict. c. 13), which set the terms "permanent civil service of the state", "permanent civil service of Her Majesty" and "permanent civil service of the Crown" as having the same meaning. The Crown was first defined as an 'imperial' crown during
1472-524: Is furnished by Government, for issue during the coming winter, a great number of Indians will be without the amount of food absolutely necessary to sustain life. Should this state of affairs arise, and it appears to the Conference to be inevitable, it will be fraught with such dire consequences not only to the Indians themselves, but to the many settlers scattered throughout the Territories, that immediate steps should be taken to avert, if possible, so great
1564-513: Is not to be confused with any physical crown , such as those of the British regalia . The term is also found in various expressions such as Crown land , which some countries refer to as public land or state land ; as well as in some offices, such as minister of the Crown , Crown attorney , and Crown prosecutor . The term the Crown does not have a single definition. Legal scholars Maurice Sunkin and Sebastian Payne opined, "the nature of
1656-494: Is the royal prerogative by which unowned property, primarily unclaimed inheritances, becomes the property of the Crown. As such, the physical crown and the property belonging to successive monarchs in perpetuity came to be separated from the person of the monarch and his or her private property. After several centuries of the monarch personally exercising supreme legislative, executive, and judicial power, these functions decreased as parliaments, ministries, and courts grew through
1748-403: Is therefore used in constitutional law to denote the collection of such of those powers as remain extant (the royal prerogative ), together with such other powers as have been expressly conferred by statute on "the Crown". Lord Diplock suggested the Crown means "the government [and] all of the ministers and parliamentary secretaries under whose direction the administrative work of the government
1840-621: The Common Informers Act 1951 ended the practice of allowing such suits by common informers. The term "Crown forces" has been used by Irish republicans and nationalists , including members of paramilitary groups, to refer to British security forces which operate in Ireland . The term was used by various iterations of the Irish Republican Army (IRA) during conflicts such as Irish War of Independence and
1932-536: The Copyright, Designs and Patents Act 1988 made an exception for 'any right or privilege of the Crown' not written in an act of parliament, thus preserving the rights of the Crown under the unwritten royal prerogative. In addition, use of images of the crowns for commercial purposes is specifically restricted in the UK (and in countries which are party to the Paris Convention ) under sections 4 and 99 of
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#17327795886342024-609: The Trade Marks Act 1994 , and their use is governed by the Lord Chamberlain's Office . It is also an offence under Section 12 of the Trade Descriptions Act 1968 to give a false indication that any goods or services are supplied to the monarch or any member of the royal family. David Laird David Laird , PC (March 12, 1833 – January 12, 1914) was a Canadian politician. He
2116-548: The University of Lethbridge 's historian, Raymond Huel, prior to entering negotiations for Treaty, officials turned to Oblate (OMI) missionaries for assistance as they had lived among the First Nations. The Oblates, had been eye-witnesses to the rapid deterioration of the lifestyle of First Nations since the 1870s, and considered the treaties to be the "lesser of two evils", according to Huel. Government officials chose
2208-679: The state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies , overseas territories , provinces , or states ). The term can be used to refer to the office of the monarch or the monarchy as institutions; to the rule of law ; or to the functions of executive (the Crown- in-council ), legislative (the Crown-in- parliament ), and judicial (the Crown on
2300-627: The "tract surrendered". In exchange, the tribes ceded their rights to their traditional territory. In 1877, David Laird was the Lieutenant-Governor of the North-West Territories. The David Mills, the newly appointed Minister of the Interior, noted that the Blackfoot wanted to negotiate a treaty. Mills appointed two commissioners to carry out the task: Laird, who had assisted in the negotiation of Treaty Four in 1874 and Colonel James Macleod, who had recently been promoted to Commissioner of
2392-421: The 13th century. The term the Crown then developed into a means by which to differentiate the monarch's official functions from his personal choices and actions. Even within mediaeval England, there was the doctrine of capacities separating the person of the king from his actions in the capacity of monarch. When the kingdom of England merged with those of Scotland and Ireland , the concept extended into
2484-799: The Athabasca district in the NWT. Laird ordered the capital to be moved from Fort Livingstone to Battleford . Laird held this office until 1881. During the 1870s buffalo became scarce on the Canadian Prairies. Laird warned the federal government of the problem: The threatened early extinction of the Buffalo is a question of grave importance to the North West Territories of the Dominion. The flesh of that animal forms
2576-919: The Bailiwick of Jersey belonging to the Crown in Right of Jersey and not to the Crown Estate of the United Kingdom. The Succession to the Crown (Jersey) Law 2013 defined the Crown, for the purposes of implementing the Perth Agreement in Jersey law, as the Crown in Right of the Bailiwick of Jersey . Legislation in the Isle of Man also defines the Crown in Right of the Isle of Man as being separate from
2668-652: The Canadian House of Commons from 1873 to 1876. As the leader of the Prince Edward Island Liberal members of parliament, he refused to support Prime Minister John A. Macdonald during the " Pacific Scandal ". Thus, he helped bring down the Conservative government. Prime Minister Alexander Mackenzie succeeded Macdonald. Mackenzie appointed David Laird Minister of the Interior. He served as such from 1873 to 1876. Laird also served as
2760-735: The Canadian government extended the treaty process north to include that region. It included Lake Athabasca , Great Slave Lake , some areas around the Peace River region. By that time, the Geological Survey of Canada had also published reports that there was petroleum in the Athabaska region . The land covered by Treaty 8, 840,000 km (320,000 sq mi), is larger than France and includes northern Alberta , northeastern British Columbia , northwestern Saskatchewan and
2852-594: The Canadian parliament in the government of Alexander Mackenzie . He served as minister of the interior and guided the passage of the Indian Act into Canadian law. He was the first resident lieutenant governor of North-West Territories . He was the fifth lieutenant governor in charge of the territory. He negotiated several aboriginal treaties. Even though David Laird adopted the paternalistic views of his time in working with aboriginals, colleagues noted his consistent hard work, reliability and honesty in his dealings as
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2944-517: The Catholic missionary, Albert Lacombe , (OMI) as Treaty 8 signatory and government consultant and mediator, because of his many years of experience with the First Nations who had come to trust him. Lacombe was charged by the government to be present to help convince First Nations that it was in their interest to enter into a treaty. He was present on June 21, 1899, and assured the First Nations that their lives would remain, more or less, unchanged. He
3036-590: The Commonwealth realms is a similar, but separate, legal concept. To distinguish the institution's role in one jurisdiction from its place in another, Commonwealth law employs the expression the Crown in Right of [place] ; for example, the Crown in Right of the United Kingdom, the Crown in Right of Canada, the Crown in Right of the Commonwealth of Australia, etc. Because both Canada and Australia are federations, there are also crowns in right of each Canadian province and each Australian state . When referring to
3128-481: The Crown is used to mostly mean the authority of government; its meaning changes in different contexts. In the context of people considering the claims and settlements related to the Treaty of Waitangi , professor of history Alan Ward defines the Crown as "the people of New Zealand—including Māori themselves—acted through elected parliament and government." In the Bailiwick of Guernsey , legislation refers to
3220-442: The Crown has been taken for granted, in part because it is fundamental and, in part, because many academics have no idea what the term the Crown amounts to". Nicholas Browne-Wilkinson theorised that the Crown is "an amorphous, abstract concept" and, thus, "impossible to define", while William Wade stated the Crown "means simply the Queen". Warren J. Newman described the Crown is "a useful and convenient means of conveying, in
3312-403: The Crown in Right of the Bailiwick of Guernsey or the Crown in Right of the Bailiwick and the law officers of the Crown of Guernsey submitted that, "the Crown in this context ordinarily means the Crown in right of the république of the Bailiwick of Guernsey" and that this comprises "the collective governmental and civic institutions, established by and under the authority of the monarch, for
3404-618: The Crown in Right of the United Kingdom. Following the Lords' decision in Ex parte Quark , 2005, it is held that the King, in exercising his authority over British Overseas Territories , does not act on the advice of the Cabinet of the United Kingdom , but, in his role as king of each territory, with the exception of fulfilling the UK's international responsibilities for its territories. To comply with
3496-402: The Crown in multiple jurisdictions, wording is typically akin to "the Crown in right of [place], and all its other capacities". The powers of a realm's crown are exercised either by the monarch, personally, or by his or her representative on the advice of the appropriate local ministers , legislature, or judges, none of which may advise the Crown in any other realm. In New Zealand, the term
3588-497: The Crown's legal personality is usually regarded as a corporation sole , it can, at least for some purposes, be described as a corporation aggregate headed by the monarch. Frederic William Maitland argued the Crown is a corporation aggregate embracing the government and the "whole political community". J.G. Allen preferred to view the Crown as a corporation sole; one office occupied by a single person, enduring "through generations of incumbents and, historically, lends coherence to
3680-443: The Crown; usages such as, "for the Crown, Joe Bloggs argued", being common. The Crown can also be a plaintiff or defendant in civil actions to which the government of the Commonwealth realm in question is a party. Such crown proceedings are often subject to specific rules and limitations, such as the enforcement of judgments against the Crown. Qui tam lawsuits on behalf of the Crown were once common, but have been unusual since
3772-670: The Department of Indian Affairs. As Indian Commissioner for Manitoba and the North-west Territories, Laird offered a strongly worded negative opinion to the debate of establishing Treaty 8 in Northern Saskatchewan. He said: There was no particular necessity that the treaty should extend to that region. It was not a territory through which a railway was likely soon to run, nor was it frequented by miners, lumbermen, fishermen or other whites making use of
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3864-488: The European Union , where "Miller" is Gina Miller , a citizen. Until the end of the 20th century, such case titles used the pattern R v Secretary of State for Exiting the European Union, ex parte Miller . Either form may be abbreviated R (Miller) v Secretary of State for Exiting the European Union . In Scotland , criminal prosecutions are undertaken by the lord advocate (or the relevant procurator fiscal ) in
3956-590: The First Nations in what would be the Treaty 8 territory necessary, as conditions in the north were not considered conducive to settlement. Along with the Douglas Treaties , Treaty 8 was the last treaty signed between the Crown and the First Nations in British Columbia until the Nisga'a Final Agreement . The boundary between Treaty 8 and Treaty 11 is ambiguous. The Yellowknives Dene First Nation
4048-526: The Great Mother to treat with you, and this is the paper she has given us, and is her commission to us signed with her Seal, to show we have authority to treat with you...I have to say, on behalf of the Queen and the Government of Canada, that we have come to make you an offer... As white people are coming into your country, we have thought it well to tell you what is required of you.... The Queen owns
4140-710: The Mounted Police; and, Major-General Selby Smyth, the officer commanding the Canadian Militia. The natives had been promised a treaty but negotiations had not begun. In the summer of 1875, a Geological Survey party and a telegraph construction crew worked beyond the Treaty Four boundaries where no treaty had yet been made. That summer the Cree stopped the Geological Survey from progress beyond
4232-528: The North-West Mounted Police. Laird was obviously chosen because of his experience and official position, while Macleod was important because of the respect he commanded among the Blackfoot. May 1899, David Laird and staff traveled by train from Winnipeg to Edmonton. With thirteen wagons of provisions they continued north to Lesser Slave Lake. On June 20 Laird addressed the natives assembled: Red Brothers! We have come here to-day, sent by
4324-630: The Parliament, a legislation that would enable the government to realize its ultimate goal of paternalistically civilizing the natives of Canada. He earned the name 'He Whose Tongue is Not Forked'. In 1874, Laird paved the way for the construction of the Canadian Pacific Railway and Dominion Telegraph by negotiating the Qu'Appelle Lakes Treaty (Treaty Four) with local First Nations groups in southern Saskatchewan , to procure land for
4416-580: The Saskatchewan district. Morris led the negotiations. David Laird's presence allowed Morris to negotiate confident that the federal government would support the results. Treaty 5 (1875) involved the Saulteaux and Swampy Cree non-treaty tribes and peoples around Lake Winnipeg in the District of Keewatin . David Laird, Canada's Minister of the Interior, supported Alexander Morris as Morris led in
4508-463: The Surveyor General to prepare a map showing the boundaries for Treaty Six. Laird relied on Morris to use his experienced judgment in arranging the terms of the treaty: "Your large experience and past success in conducting Indian negotiations relieves me from the necessity of giving you any detailed instructions in reference to your present mission." In 1877, David Laird reported to the Superintendent General of Indian Affairs (SGIA) in Ottawa that most of
4600-406: The Troubles . As noted by Irish republican Danny Morrison , "[t]he term 'security forces' suggests legitimacy , which is why republicans prefer terms like 'the Brits' or 'the Crown Forces', which undermines their authority." Due to the Irish War of Independence, "the phrase 'Crown Forces' came to represent something abhorrent in the Republican narrative". The Crown is represented by the image of
4692-513: The Tudor Crown design was standardised and continued in use until the reign of Elizabeth II in 1952 when a heraldic St Edward's Crown was restored. In 2022, Charles III opted for a modified Tudor Crown design. Crown copyright applies in perpetuity to depictions of the Royal Arms and any of its constituent parts under the royal prerogative , and The National Archives restricts rights to reproduce them. Although Crown Copyright usually expires 50 years after publication, Section 171(b) of
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#17327795886344784-400: The abbreviation R (i.e. the case name at trial would be R v Smith ; if the defendant appeals against the Crown, the case name would be Smith v The King ). In Western Australia and Tasmania , prosecutions will be brought in the name of the respective state instead of the Crown (e.g. The State of Western Australia v Smith ). Victorian trials in the original jurisdiction will be brought in
4876-405: The appropriate government minister as the party, instead. When a case is announced in court, the clerk or bailiff may refer to the Crown orally as our sovereign lord the king (or our sovereign lady the queen ). In reporting on court proceedings in New Zealand , news reports will refer to the prosecuting lawyer (often called a Crown prosecutor, as in Canada and the United Kingdom) as representing
4968-478: The autonomy question is settled in the Northwest Territories, if it is found that any Province, or organized territory with representation, extends over a considerable tract of country in which aboriginal title has not been extinguished, then in such case, or from the entrance of a railway, the discovery of mines, or other cause to bring an inrush of whites, a treaty should be made without delay. Laird died in Ottawa on January 12, 1914. The town of Laird, Saskatchewan
5060-417: The bands in Treaty 6 had been supplied with seed and were beginning to farm. He mentioned that several of the Bands living near Carlton and Prince Albert were very pleased with the potatoes, grain, etc. They planned to get more seed and expand their farming operations. One Band had nearly 100 acres under cultivation. Treaty 7 (1877) involved the Blackfoot in what is today the southern portion of Alberta. It
5152-466: The bench) governance and the civil service . The concept of the Crown as a corporation sole developed first in the Kingdom of England as a separation of the physical crown and property of the kingdom from the person and personal property of the monarch. It spread through English and later British colonisation and is now rooted in the legal lexicon of all 15 Commonwealth realms, their various dependencies, and states in free association with them. It
5244-413: The body politic (which never dies). The Crown and the sovereign are "conceptually divisible but legally indivisible [...] The office cannot exist without the office-holder". The terms the state , the Crown , the Crown in Right of [jurisdiction] , His Majesty the King in Right of [jurisdiction] , and similar, are all synonymous and the monarch's legal personality is sometimes referred to simply as
5336-408: The copyright for government publications ( Crown copyright ). This is all in his or her position as sovereign, not as an individual; all such property is held by the Crown in perpetuity and cannot be sold by the sovereign without the proper advice and consent of his or her relevant ministers. The Crown also represents the legal embodiment of executive, legislative , and judicial governance. While
5428-405: The country, but is willing to acknowledge the Indians' claims, and offers them terms as an offset to all of them... (Mair, 1908:56-59). In 1876, David Laird, as Minister of the Interior in the Mackenzie government, oversaw the creation of the Indian Act . This legislation consolidated previous Indian legislation. It viewed Indians as children of the State: Our Indian legislation generally rests on
5520-421: The court's decision, the territorial governors now act on the advice of each territory's executive and the UK government can no longer disallow legislation passed by territorial legislatures. In criminal proceedings , the state is the prosecuting party; the case is usually designated (in case citation ) as R v [ defendant ] , where R can stand for either rex (if the current monarch is male) or regina (if
5612-413: The elbow of the North Saskatchewan. The telegraph crew was also stopped. At a Cree council, it was decided to not allow any further expeditions until a treaty had been made. Morris repeatedly telegraphed Laird about the need for a treaty. He finally received permission to arrange for a treaty negotiation with the Saskatchewan Cree for the following summer at Forts Carlton and Pitt. David Laird arranged with
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#17327795886345704-427: The governance of these islands, including the states of Guernsey and legislatures in the other islands, the royal court and other courts, the lieutenant governor, parish authorities, and the Crown acting in and through the Privy Council". In the Bailiwick of Jersey , statements by the law officers of the Crown define the Crown's operation in that jurisdiction as the Crown in Right of Jersey , with all Crown land in
5796-548: The government of Canada acquired the land previous owned by the Hudson's Bay Company. This change caused the aboriginal people concern and unease. In response to this, the government of Canada entered into treaty negotiations with the various tribes. David Laird, as a government official, played a significant role in treaties 4 through 8. Treaty 4 (1874) involved the Cree and Saulteaux . It covered most of current day southern Saskatchewan, plus small portions of what are today western Manitoba and southeastern Alberta . This treaty
5888-420: The government, a case in judicial review is brought by the Crown against a minister of the Crown on the application of a claimant . The titles of these cases now follow the pattern of R (on the application of [X]) v [Y] , notated as R ([X]) v [Y] , for short. Thus, R (Miller) v Secretary of State for Exiting the European Union is R (on the application of Miller and other) v Secretary of State for Exiting
5980-456: The island's postmaster. David and Mary Louise had six children: David Rennie, Mary Alice, Arthur Gordon, William Charles, James Harold (who became an Indian agent), and Fanny Louise. David Laird attended the Presbyterian Theological Seminary in Truro, Nova Scotia , after which he planned to become a minister. He became a journalist and newspaper publisher and editor instead. He subsequently returned to Forfar , Scotland. In 1859, he founded
6072-403: The land was offset by his ensuring that his political allies benefited. He believed that higher education was wasted on Native youth. He advocated nothing more than instruction in "basic skills." Laird's policy of denying Indians both land and skills left native youth with few resources for success. The inclusion of Prince Edward Island as a province of the Canadian federation is due, in part, to
6164-466: The legal lexicons of the United Kingdom and its dependencies and overseas territories and, eventually, all of the independent Commonwealth realms . There are, thus, now many distinct crowns, as a legal concept, "worn by"—or many different offices of monarch occupied by—one person as sovereign (supreme monarch) of each country. However, the Crown can also mean the pan-national institution shared by all 15 Commonwealth realms. In each Commonwealth realm,
6256-405: The monarch is female), and the v stands for versus . For example, a criminal case against Smith might be referred to as R v Smith and verbally read as "the Crown and Smith". The Crown is, in general, immune to prosecution and civil lawsuits . So, R is rarely (albeit sometimes ) seen on the right hand side of the 'v' in the first instance. To pursue a case against alleged unlawful activity by
6348-400: The name of the director of public prosecutions . The Commonwealth director of public prosecutions may choose which name to bring the proceeding in. Judges usually refer to the prosecuting party as simply "the prosecution" in the text of judgments. In civil cases where the Crown is a party, it is a customary to list the body politic (e.g. State of Queensland or Commonwealth of Australia ) or
6440-403: The name of the Crown. Accordingly, the abbreviation HMA is used in the High Court of Justiciary for His/Her Majesty's Advocate , in place of rex or regina ; as in, HMA v Al Megrahi and Fahima . Most jurisdictions in Australia use R or The King (or The Queen ) in criminal cases. If the Crown is the respondent to an appeal, the words The King will be spelled out, instead of using
6532-414: The native tribes beyond the established treaty boundaries. Leaders residing in the West communicated their concern to the government in Ottawa. This included: the Lieutenant Governor for the region, Alexander Morris; Alfred Selwyn, the head of the Geological Survey working beyond the boundaries of Treaty Four; Lawrence Clarke, in charge of the Hudson's Bay Company's post of Fort Carlton; Commissioner French of
6624-416: The negotiation skill of David Laird. His accomplishments in the arena of aboriginal matters continue to influence the present relationship between the Canadian government and native peoples. The Indian Act and the various treaties provide legal grounds for the courts. In North Battleford, Saskatchewan, James Marshall has produced "stunning" brick relief sculptures depicting the area's heritage. He included
6716-518: The negotiations. Laird's interest was to get the native people to extinguish their claim to the land so that the incoming settlers could establish their own properties. Treaty Six (1876) involves the central portions of the present provinces of Alberta and Saskatchewan. Like the preceding Macdonald government, the Mackenzie government entered into treaties gradually. David Laird led out in this process as Interior Minister. The delay created unrest among
6808-524: The northern regions of what are now three provinces—British Columbia, Alberta, and Saskatchewan—and the Northwest Territories. There are thirty-nine First Nations communities that are included in Treaty 8. Grand Chief Arthur Noskey of the First Nations of Treaty 8 Alberta was re-elected on July 30, 2021. In the late 1890s, as prospectors and settlers—inspired by the Klondike Gold Rush —travelled to unceded territories that were north of Treaty 6 ,
6900-431: The power of the monarch in right of each territory vary according to relevant laws, thus making the difference between full sovereignty, semi-sovereignty, dependency, etc. The Lords of Appeal wrote, "the Queen is as much the Queen of New South Wales and Mauritius and other territories acknowledging her as head of state as she is of England and Wales, Scotland, Northern Ireland, or the United Kingdom." The Crown in each of
6992-545: The principal means of subsistence of several of the Indian tribes, as well as a large number of the Half-breeds. The traffic in Buffalo peltries likewise enters largely into the trade of the country, and enables the natives to procure many of the necessaries of life. By 1879 they had disappeared completely. This created a desperate situation for the Plains Indians. The federal government empowered Laird and Dewdney to develop
7084-528: The principle, that the aboriginal peoples are to be kept in a condition of tutelage and treated as wards or children of the State. ...the true interests of the aborigines and of the State alike require that every effort should be made to aid the Red man in lifting himself out of his condition of tutelage and dependence, and that is clearly our wisdom and our duty, through education and every other means, to prepare him for
7176-555: The railway and telegraph lines. Prime Minister Alexander Mackenzie and Hewitt Bernard drafted the legislation for the North-West Territories Act in 1875. In 1876, Mackenzie appointed Laird as Lieutenant Governor of the North-West Territories. He was responsible for the negotiations that brought the Blackfoot Confederacy together to sign Treaty 7. In 1899 he successfully negotiated Treaty 8 in
7268-477: The realm and crown of England, is only to assert that our king is equally sovereign and independent within these his dominions, as any emperor is in his empire; and owes no kind of subjection to any other potentate on earth." The concept of the Crown took form under the feudal system . Though not used this way in all countries that had this system, in England, all rights and privileges were ultimately bestowed by
7360-580: The reign of Henry VIII in the Ecclesiastical Appeals Act 1532 which declared that 'this realm of England is an empire ... governed by one Supreme Head and King having the dignity and royal estate of the imperial Crown of the same'. In William Blackstone 's 1765 Commentaries on the Laws of England , he explained that "the meaning therefore of the legislature, when it uses these terms of empire and imperial , and applies them to
7452-439: The relevant jurisdiction's name. (In countries using systems of government derived from Roman civil law , the state is the equivalent concept. ) However, the terms the sovereign or monarch and the Crown , though related, have different meanings: The Crown includes both the monarch and the government. The institution and powers of the Crown are formally vested in the king, but, conventionally , its functions are exercised in
7544-405: The resources of its soils or waters, in which case, in my opinion, the Indians and Halfbreeds are better left to their hunting and fishing as a means of making a livelihood. The conditions there are the same still, and I therefore do not approve of any immediate steps being taken to include the territory . . . in treaty limits. The matter, I suggest, may very well stand over for the present; and, when
7636-398: The ruler. Land, for instance, was granted by the Crown to lords in exchange for feudal services and they, in turn, granted the land to lesser lords. One exception to this was common socage : owners of land held as socage held it subject only to the crown. When such lands become ownerless, they are said to escheat ; i.e. return to direct ownership of the Crown ( Crown land ). Bona vacantia
7728-406: The southwest portion of the Northwest Territories , making it the largest of the numbered treaty in terms of area. The treaty was negotiated just south of present-day Grouard , Alberta. The Crown had between 1871 and 1877 signed Treaties 1 to 7. Treaties 1 to 7 cover the southern portions of what was the North-West Territories. At that time, the Government of Canada had not considered a treaty with
7820-522: The sovereign's name by ministers of the Crown drawn from and responsible to the elected chamber of parliament . Still, the king or queen is the employer of all government officials and staff (including the viceroys , judges, members of the armed forces, police officers, and parliamentarians), the guardian of foster children ( Crown wards ), as well as the owner of all state lands ( Crown land ), buildings and equipment (Crown property), state-owned companies (Crown corporations or Crown entities ), and
7912-416: The term the Crown , at its broadest, now means the government or the polity known as the state , while the sovereign in all realms is the living embodiment of the state, or symbolic personification of the Crown. The body of the reigning sovereign thus holds two distinct personas in constant coexistence, an ancient theory of the "King's two bodies"—the body natural (subject to infirmity and death) and
8004-495: Was also present at some of the meetings at which adhesions were signed. The elements of Treaty 8 included provisions to maintain livelihood for the native populations in this 840,000 km (320,000 sq mi) region, such as entitlements to land, ongoing financial support, annual shipments of hunting supplies, and hunting rights on ceded lands, unless those ceded lands were used for forestry, mining, settlement or other purposes. The Crown The Crown broadly represents
8096-468: Was born in New Glasgow, Prince Edward Island, into a Presbyterian family noted for its civic activism. His father Alexander had been a long time Reformer and Liberal MLA. David became a Liberal MLA for Belfast. He also established and edited The Patriot . After initially opposing Confederation, he led in the talks by which Prince Edward Island became a province of Canada. He became a Liberal member of
8188-557: Was concluded on September 22, 1877. The agreement was signed at the Blackfoot Crossing of the Bow River , at the present-day Siksika Nation reserve , approximately 100 km east of Calgary . Chief Crowfoot was one of the signatories to Treaty 7. The treaty established a reserve, promised annual payments and/or provisions from the federal government to the tribes and promised continued hunting and trapping rights on
8280-465: Was named in his honour. Although early historians wrote positively of Laird's work with aboriginal people, he has not fared so well among more recent scholars. Laird is acknowledged as hard-working and committed to negotiating treaties 4 through 7, but he viewed Indians as "improvident complainers, limited in intelligence," and "troublesome to deal with." He viewed Aboriginal culture as "ludicrous and grotesque." His success in getting natives to surrender
8372-678: Was one of the First Nations signatories to Treaty 8. First Nations that are considered signatories to Treaty 8 include Woodland Cree , Dane-zaa (or Beaver) and Chipewyan . Other signatories included David Laird , Father Albert Lacombe , Rev. George Homes , Bishop Émile Grouard , J.A.J. McKenna , James Hamilton Ross , W.G. White , James Walker , A. Arthur Cote , A.E. Snyder , H.B. Round , Harrison S. Young , J.F. Prud'Homme , C. Mair , H.A. Conroy , Pierre Deschambeault , Joseph Henri Picard , Richard Secord , Matthew McCauley , Headman Moostoos , Headman Felix Giroux , and Headman Wee Chee Way Sis , Headman Charles Neesotasis . According to
8464-667: Was sent to Ottawa in 1873 to negotiate the admission of Prince Edward Island to the new Dominion. David Laird served on the Charlottetown City Council, its board of education and board of works, and he was a governor of the Prince of Wales College . He represented the electoral district of Belfast in the Prince Edward Island Legislative Assembly from 1871 to 1873. Then for the next four years he represented Queen's County in
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