Quebec (PG) c Houde

Theres a plot of land, bordering a river, which was acquired by Price, Hs ancestor, in 1852. Theres a
salmon spawning ground 200m from the saw-mills wharf. The government thinks it is public property,
therefore anyone can fish there.
Issue: Does Houde own half of the riverbed, including the salmon pit, or can she only obtain rights to fish
there, subject to the Rglement sur les reserves fauniques des rivires saumon?
Reasoning: You have to go back to when the land was granted to see what rights were attached to it
originally. The land was granted in 1852, in free and common socage tenure. Under article 400 of CCLC,
and by common practice, the criteria for seigniorial concessions also applied for free and common
socage tenures. And the law for seigneurial concessions stated that for (1) non-navigable waters the
land (riverbed) belonged to the seigniors by default, (2) unless the letters patent (document of grant)
specifically excluded the riverbed.
(1) Is it a non-navigable waterway? This is determined by assessing the utility for navigation for
commercial purposes. When Price acquired the land, the water was not navigable for useful and
profitable commercial purposes; there is no proof to the contrary. So its non-navigable. (Govt
argued that its navigable now. But this doesnt matter. Only assess conditions at time of grant)
(2) Was it specifically excluded in the letter patent? No.
Conclusion: The original land grant included ownership of half of the riverbed, including the salmon pit.
This ownership was transferred to Houde, so the salmon pit is not public property.