Mr. McCarthy — # When the House rose at six o’clock, I was proceeding to consider that part of the Bill which deals with compensation. Perhaps I might first be permitted to state, however, what I understand to be the meaning of the word “compensation,” when applied to the sovereign right of expropriation. Now, I do not pretend to dispute, and I am quite willing to admit in the amplest possible manner, so far as my judgement goes, that this Act of Parliament was, subject to one consideration, within the power of the Local Legislature.
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Background to the Case # Over the course of the nineteenth century, access to waterways in Upper Canada and elsewhere in the country became an integral part of the lumber industry and a primary means to bring timber from logging operations to sawmills and other points of market. From one perspective, these waterways were akin to other types of public infrastructure (like roads and railways) necessary for rapidly expanding natural resource extraction and, eventually, industrialization.
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A riparian owner is the owner of land bounding upon a river or other watercourse. The traditional presumption of English common law is that a riparian owner owns the bed of a non-navigable river or stream to the centre of the watercourse: ad medium filum aquae. Consequently, a riparian owner who holds land on both sides of a river considered “non-navigable” owns the entire riverbed and has exclusive rights to the river’s use .
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1. All persons shall, subject to the provisions in this Act contained, have, and are hereby declared always to have had, floating down during the spring, summer and autumn freshets, the right to, and may float and transmit saw-logs and all other timber of every kind, and all rafts and crafts, down all rivers, creeks and streams; and no person shall by felling trees or placing any other obstruction in or across any such river, creek or stream, prevent the passage thereof; and in case it may be necessary to remove any obstruction from such river, creek or stream, or construct any apron, dam, slide, gate-lock, boom, or other work therein or thereon, necessary to facilitate the floating and transmitting such saw-logs and other timber, rafts or crafts, down the same, then it shall be lawful for the person requiring so to float and transmit such saw-logs and other timber, rafts and crafts, and it is hereby declared always to have been lawful to remove such obstruction, and to construct such apron, dam, slide, gate-lock, boom or other work necessary for the purposes aforesaid, doing no unnecessary damage to the said river, creek or stream, or to the banks thereof.
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