Showing posts with label Real Estate; History of the Land in Canada. Show all posts
Showing posts with label Real Estate; History of the Land in Canada. Show all posts

Monday, June 19, 2017

Real Estate; History of the Land in Canada

Land ownership in Canada is held by governments, Native groups, corporations, and individuals.

Since Canada uses primarily English-derived common law, the holders of the land actually have land tenure (permission to hold land from the Crown) rather than absolute ownership.

The majority of all lands in Canada are held by governments in the name of the monarch and are called Crown Lands. About 89% of Canada's land area (8,886,356 km²) is Crown Land, which may either be federal (41%) or provincial (48%); the remaining 11% is privately owned.

Most federal Crown land is in the Canadian territories (Northwest TerritoriesNunavut and Yukon), and is administered on behalf of Aboriginal Affairs and Northern Development Canada; only 4% of land in the provinces is federally controlled, largely in the form of National ParksIndian reserves, or Canadian Forces bases. In contrast, provinces hold much of their territory as provincial Crown Land, which may be held as Provincial Parks or wilderness.

The Crown also gave tenure to much of Canada to a private company, the Hudson's Bay Company (HBC) which from 1670 to 1870 had a legal and economic monopoly on all land in the Rupert's Land territory (identical to the drainage basin of Hudson Bay), and later the Columbia District and the North-Western Territory (now British Columbia, the Yukon, the Northwest Territories, and Nunavut) were added to the HBC's lands, making it one of the largest private landowners in world history. In 1868 the Imperial Parliament passed the Rupert's Land Act that saw most of its land ownership transferred to the Dominion of Canada.
After Canada acquired the HBC's land in 1870, it used the land as an economic tool to promote settlement and development. Under the Dominion Lands Act system of 1871, huge areas were given to the Canadian Pacific Railway to fund its transcontinental line, other areas were reserved for school boards to be sold to fund education, and the rest was distributed to settlers for agriculture. Settlers paid a $10 fee and agreed to make some improvements within a specified time for 180 acres (73 ha) of land. 

 The Crown is a corporation sole that represents the legal embodiment of executive, legislative, and judicial governance in the monarchy of each country. These monarchies are united by the personal union of their monarch, but they are separate as states. The concept of the Crown developed first in the Kingdom of England as a separation of the literal crown and property of the nation state from the person and personal property of the monarch. The concept spread through English and later British colonisation and is now rooted in the legal lexicon of the other 15 independent realms and the three Crown dependencies. In this context it should not be confused with any physical crown, such as those of the British royal regalia.
The term is also found in 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 (other terms being district attorneystate prosecutor, or public prosecutor).

As the Dominion of Canada was taking its first steps, its political leaders were eyeing a vast area of land to the west of the new nation. 

An enormous territory called Rupert's Land was up for sale. It encompassed almost eight million square kilometers, including most of the prairies, and parts of what are now northern Quebec, northern Ontario, and Nunavut. The once powerful Hudson's Bay Company controlled the area. But the British fur trade giant had been in decline for years and it was now preparing to sell Rupert's Land.

The Americans, who had just paid Russia $7.2 million for Alaska in 1867, were looking for other properties to expand the Republic and eyed the territory.

But Canada saw Rupert's Land as the natural extension of its new nation which included Nova Scotia, New Brunswick, Ontario and Quebec.

George Brown, editor of The Globe and a Father of Confederation, described it as "the vast and fertile territory which is our birthright - and which no power on earth can prevent us occupying." 

The Hudson's Bay Company was prepared to sell to the Americans who would pay top dollar, but the British government made it clear it wanted the territory to be sold to Canada.

On March 20, 1869, the Hudson's Bay Company reluctantly, under pressure from Great Britain, sold Rupert's Land to the Government of Canada for $1.5 million. The sale involved roughly a quarter of the continent, a staggering amount of land, but it failed to take into account the existing residents - mainly Indians and Mtis.

This fact was not lost on Prime Minister John A. Macdonald.

"No explanation it appears has been made of the arrangement by which the country is to be handed over," Macdonald told political ally George-Etienne Cartier. "All these poor people know is that Canada has bought the country from the Hudson's Bay Company and that they are handed over like a flock of sheep to us."

But Macdonald would discover that expanding a nation was more complex than just buying real estate. The people of the new territory would show that they had no intention of being shepherded quietly into a union with Canada.

corporation sole is a legal entity consisting of a single ("sole") incorporated office, occupied by a single ("sole") natural person. A corporation sole is one of two types of corporation, the other being a corporation aggregate.

 This allows corporations (often religious corporations or Commonwealth governments) to pass without interval in time from one office holder to the next successor-in-office, giving the positions legal continuity with subsequent office holders having identical powers and possessions to their predecessors.

Rupert's Land, or Prince Rupert's Land, was a territory in British North America consisting of the Hudson Bay drainage basin, a territory in which a commercial monopoly was operated by the Hudson's Bay Company for 200 years from 1670 to 1870, although numerous aboriginal groups lived in the same territory and disputed the sovereignty of the area. 
The area once known as Rupert's Land is now mainly a part of Canada, but a small portion is now in the United States of America. It was named after Prince Rupert of the Rhine, a nephew of Charles I and the first Governor of the Hudson's Bay Company. In December 1821 the HBC monopoly was extended from Rupert's Land to the Pacific coast.
Areas belonging to Rupert's Land were mostly in present-day Canada and included the whole of Manitoba, most of Saskatchewan, southern Alberta, southern Nunavut, and northern parts of Ontario and Quebec. It also included present-day United States territory, including parts of the states of Minnesota and North Dakota and very small parts of Montana and South Dakota. 

The southern border west of Lake of the Woods to the Rocky Mountains was the drainage divide between the Mississippi and Saskatchewan watersheds until the London Convention of 1818 substituted the 49th Parallel.

When granted the English Royal Charter in 1670 by King Charles II of England, the Hudson’s Bay Company, under the governorship of the king's cousin Prince Rupert of the Rhine, was granted “the sole Trade and Commerce of all those Seas, Streights, Bays, Rivers, Lakes, Creeks, and Sounds, in whatsoever Latitude they shall be, that lie within the entrance of the Streights commonly called Hudson's Streights, together with all the Lands, Countries and Territories, upon the Coasts and Confines of the Seas, Streights, Bays, Lakes, Rivers, Creeks and Sounds, aforesaid, which are not now actually possessed by any of our Subjects, or by the Subjects of any other Christian Prince or State [sic]”, “and that the said Land be from henceforth reckoned and reputed as one of our Plantations or Colonies in America, called Rupert's Land ” 

The Royal Charter made the “Governor and Company …, and their Successors, the true and absolute Lords and Proprietors, of the same Territory, Limits and Places aforesaid, and of all other the Premisses ,” and granted them the authority “to erect and build such Castles, Fortifications, Forts, Garrisons, Colonies or Plantations, Towns or Villages, in any Parts or Places within the Limits and Bounds granted before in these Presents, unto the said Governor and Company, as they in their Discretion shall think fit and requisite.

royal charter is a formal document issued by a monarch as letters patent, granting a right or power to an individual or a body corporate. They were, and are still, used to establish significant organisations such as cities (with municipal charters) or universities and learned societies. Charters should be distinguished from warrants and letters of appointment, as they have perpetual effect. Typically, a Royal Charter is produced as a high-quality work of calligraphy on vellum. The British monarchy has issued over 980 royal charters. Of these about 750 remain in existence.