| McLaren v Caldwell | |
|---|---|
 The Duke and Duchess of York running the Chaudière timber slide on a timber crib, Ottawa, Ontario, 1901 | |
| Court | Judicial Committee of the Privy Council |
| Full case name | Caldwell and another v McLaren |
| Decided | 7 April 1884 |
| Citation | [1884] UKPC 21, (1884) 9 AC 392 |
| Case history | |
| Prior actions | McLaren v. Caldwell, 1882 CanLII 3, 8 SCR 435 (28 November 1882), reversing McLaren v. Caldwell et al., 6 Ont. App. Rep. 456 (8 July 1881). and restoring a decree of the Court of Chancery of Ontario |
| Appealed from | Supreme Court of Canada |
| Court membership | |
| Judges sitting | |
| Case opinions | |
| Since 1849, the law in what is now Ontario has made public waterways of all streams, whether they are naturally or artificially floatable. Judgment of the Supreme Court of Canada should be reversed, and that of the Ontario Court of Appeal restored. | |
| Decision by | Lord Blackburn |
| Keywords | |
| free use of waterways, provincial jurisdiction | |
McLaren v Caldwell[1] was a landmark decision of the Judicial Committee of the Privy Council that upheld provincial jurisdiction in matters of a local or private nature, as well as over property and civil rights. It has been described as "a decision in a non-constitutional legal context that had indirect non-legal, but profound, constitutional consequences."[2]
- ^ Caldwell and another v McLaren [1884] UKPC 21, (1884) 9 AC 392 (7 April 1884), P.C. (on appeal from Canada)
- ^ Lamot 1998, p. 74.