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16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. R. 104. The application of the term to Metis people remains contentious, however. Brian Slattery, "Understanding Aboriginal Rights," 66 Can. Bar Rev. 727, (1987) pp. 736-737. C. 1970, Appendix II, No. 1. St. Catherines' Milling & Lumber Co. v. R. 577, p. 652, per Gwynne, J. For example, see Colder v. -G. C. R. ), p. " Canada, Report on the Affairs of the Indians in Canada, (Journals, Legislative Assembly), 1847, Appendix T, p. 360. C. O. 5) Ontario had extended to Indians the right to vote in provincial elections.
To comprehend these issues, it is necessary to understand the full meaning of the exemption from taxation. 87 of the Indian Act is in one sense merely ordinary federal legislation, it is clear that it, like the land-surrender provisions of the Act which were discussed in Guerin, is in fact the embodiment of a long-standing feature of federal Indian policy, which may have acquired the status of a central feature of the political special relationship. 98 The Indian Act of 1876 then provided: 64. No Indian or non-treaty Indian shall be liable to be taxed for any real or personal property, unless he holds real estate under lease or in fee simple, or personal property, outside of the reserve or special reserve, in which case he shall be liable to be taxed for such real or 48 Federalism in the Era of Aboriginal Self-Government personal property at the same rate as other persons in the locality in which it is situated.
R. ), applying provincial law licensing physicians. In Worcester, supra, note 14, p. " Cardinal v. R. 695. , p. 716. , p. 703. Four B Manufacturing v. R. ). , p. 398, per Beetz, J. C. C-8. Dick v. R. ), pp. 59-60. Francis v. The Queen (Supreme Court of Canada, unreported at time of writing, May 26, 1988). The approach is identical to that articulated in Bank of Toronto v. Lambe (1887), 12 App. Cas. 575 where the Privy Council upheld a provincial taxation law which applied to a bank (within exclusive federal authority) because it was "in pith and substance" a taxation measure affecting banks, but not in relation to banks and banking.