Sunday, August 1, 2021

Major's Hill Park land cannot be sold.

House of Commons Ottawa July 6, 1908. Mr. Robert Laird Borden (Leader of the Official Opposition.) Grand Trunk Railway Hotel Site. "...The park (is) a portion of the national domain, and a portion of the grounds of parliament."


Legal Title of Parliament Hill. House of Commons, Ottawa, December 21, 1963. "Notes on civil law respecting their ownership, management and control and the rights and interests therein of Federal and provincial Crown Parliamentary and Judicial authorities. With the exception of the years 1802-1823, Parliament Hill has been owned by the Crown-successively the Crown Imperial, the Crown Provincial and the Crown Federal. Since 1823, the Crown has always held these lands for public purposes-either of defence or generally."

"In 1802, the British Crown granted the area to Jacob Carman who deeded it in 1812 to Thomas Fraser by whose son Hugh it was inherited. In 1823 the Earl of Dalhousie, the Governor, purchased the Hill from Hugh Fraser on behalf of the British Crown and, by letter, entrusted its control and management to Colonel John By with instructions that the Hill, together with Major Hill and Nepean Point, be reserved for military purposes. About 1857 the British Crown transferred the Ordnance (or military) lands-these including the Hill together with the Rideau Canal lands-to the Government of Upper Canada. With Confederation the Hill and the buildings then thereon were included in those public lands and works transferred from Upper Canada to Canada by section 108 of the B.N.A. Act and clause 9 of the 3rd Schedule therefore. Thereafter the Hill has continued in the ownership of Canada." 

"The statutory phrase is that the Parliament Hill lands are absolutely vested in Her Majesty in right of Canada for the purposes of Canada. See: Public Lands Grants Act, R.S. ch. 224, the Governor in Council holds the power of disposition of title and the power of appointment over the control and management. By virtue of the Public Land Grants Act, R.S. ch. 224, the Governor in Council may classify public lands as those necessary for the defence of Canada and those not so necessary." (more)

Major's Hill Park was Ordnance or Admiralty land. 1959 photo.
From "Dreams of Major's Hill Park". The federal property was sold to the American Embassy.

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