McLaren v. Caldwell

McLaren v. Caldwell (1884) 9 A.C. 392 was a landmark decision of the Judicial Committee of the Privy Council that upheld upheld Ontario Premier Oliver Mowat's Rivers and Streams Act, which prevented private ownership of streams and rivers in the province, and which was sharply opposed by prime minister John A. Macdonald. Previous to the decision the federal government had disallowed the law several times.

Peter McLaren was a logger who had adapted a river near Ottawa for transporting logs to which he charged a fee for those wishing to use the river. Boyd Caldwell was a miller who was attempting to move some logs through the river without paying. Caldwell claimed that McLaren was unable to charge for use of the river because of the controversial River and Streams Act. McLaren, however, challenged the constitutionality of the Act. The Privy Council held in favour of Caldwell, stating that the Act was valid.

External links

• Caldwell's biography