Resumen de The obsolete theory of Crown Unity in Canada and its relevance to indigenous claims

Kent McNeil

• This article examines the application of the theory ofthe unity ofthe Crown in Canada in the context of Indigenous peoples. It reveals a consistent retreat by the courts from acceptance of the theory in the late nineteenth century to rejection ofit in the secondhalfofthe twentieth century. This evolution ofthe theory' relevance, it is argued, is consistent with Canada federal structure and eventual independence from the United Kingdom. However, in a startling reversal, the Supreme Court reverted to the theory in its 2014 judgment in Grassy Narrows First Nation v Ontario (Minister of Natural Resources) to support its decision that the provinces have control over natural resource development in the areas of Canada that are covered by the numbered treaties.