By J.R. Miller
Because its concluding paragraphs deal with First Nations and their lands, the Royal Proclamation of 1763 is sometimes referred to as “the Indians’ Magna Carta.” Many people regard George III’s policy for the new territories the United Kingdom had acquired following the Seven Years’ War as the guarantor of Aboriginal title law in Canada today. Its greatest champions argue that it is like the foundation of constitutional government and law in Britain, the document that the barons made King John sign in 1215.
Is the Royal Proclamation as central to Aboriginal rights in Canada as the Magna Carta is in the UK? Or have the so-called ‘Indian clauses’ of the Royal Proclamation been a dud so far as First Nations’ rights are concerned? Have Indigenous peoples not been systematically stripped of their traditional territories by rapacious settler societies that emerged in Canada as they did in other former British colonies of settlement? Continue reading