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ZadaKosta ZadaKosta
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A month ago
1.)   What is the significance of the Royal Proclamation of 1763 and access to land in Canada? How is it relevant today?
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Anonymous
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A month ago
The Royal Proclamation of 1763 was a pivotal document in the relationship between Aboriginal Peoples and Canada. In it, King George III laid out the British framework for a new relationship with First Nations. The proclamation affirmed Aboriginal title over their traditional lands, included guarantees to preserve their way of life and to share in trade with settlers. It also included a ban on private land ownership which continues to this day.

The Royal Proclamation of 1763 was created to maintain peace between the British Colonial government and Aboriginal North Americans. It also recognized the sovereignty of First Nations as nations unto themselves. However, like many other colonial documents it eventually became an outdated document that was no longer applicable in the modern era. First Nations have used this document as a foundation for their nationalist movements when striving to regain self-determination and sovereignty under modern laws.

The proclamation was an attempt to clearly establish the authority of the Crown over Indigenous peoples in North America. Since Britain was a part of war with France, it had to acknowledge the First Nations people in Canada as allies in that conflict. The document recognized that First Nations were still bound by their own laws and customs, but it also defined certain rights for those groups.

I will explore what the proclamation is and how it has impacted Canadian law.

MODERN CANADA HAS ALWAYS TREATED THE PROPOSAL IN A DIFFERENT WAY:

Prior to the proclamation, Aboriginal title was not recognized by the British government. This meant that at the time of European arrival, Aboriginal People had no legal protections for their lands.. Therefore, the Royal Proclamation was a fundamental shift in the relationship between First Nations and settlers. The proclamation sought to preserve Aboriginal cultures and ways of life, but did not grant blanket land rights to all First Nations.

PROPOSAL WAS A ONE-SIDED DOCUMENT: In his book, The Royal Proclamation of 1763, The Formation of Canada Vol. 1, John S.D. Thompson says that the proclamation was a document drafted in haste by the colonial office and was "a threat to the dominion" of France and Spain. It was made with the intent of strengthening Britain's control over North America and not to protect First Nations rights or title.

PROPOSAL DID NOT PROTECT ALL FIRST NATIONS: The document did not apply to all Aboriginal groups of the time. It specifically only applied to those "adjoining to the said Provinces, or near the Backwoods, or upon the Lakes near the Sea". The proclamation chose those who were at risk of losing their lands and seceding from British rule rather than protecting all First Nations in North America.

REFERENCES.

Slattery, B. (1763). The Royal Proclamation of 1763 & the Aboriginal Constitution. Keeping Promises: The Royal Proclamation of, 14-32.

Walters, M. (2015). The Aboriginal Charter of Rights: The Royal Proclamation of 1763 &the Constitution of Canada. Queen's University Legal Research Paper, (2015-003).

Hutchings, P. M. (1987). The argument for the application of the royal proclamation of 1763 to British Columbia, its force and effect (Doctoral dissertation, University of British Columbia).
wrote...
A month ago
The Royal Proclamation has served as the basis of the treaty-making process throughout Canada. The protocols and procedures it established led to the orderly opening of the lands for settlement and the establishment of an ongoing Treaty Relationship between First Nations and the Crown. It also led to the establishment of the Indian Department's primary role as intermediary between First Nation people and the Crown. After Confederation in 1867, the principles established by the Proclamation continued to guide the treaties of Western Canada and the establishment of treaty rights and obligations for all parties.
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ZadaKosta Author
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A month ago
thank you for your answer.
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