1763

The Royal Proclamation of October 1763 is Britain’s first declaration of jurisdiction over this new land (which eventually became Canada). The proclamation recognizes the Indians as being Nations that hold ownership of lands and territories. The British acknowledge that the title to these lands must be purchased or otherwise given up by the First Nation, should the Crown wish to acquire rights to it.

The Royal Proclamation acknowledges aboriginal title to the lands and the resources that flow from them, and further, that the British Crown is asserting its jurisdiction (foreign) within the existing framework of First Nations’ jurisdiction (inherent). The two jurisdictions co-exist at this time, as there is no evidence of a threat being made by either party. Treaties are to be signed with First Nations to access resources.

“Indian title would be a continuation of pre-existing aboriginal arrangements; quite unlike the settlers’ fee simple title, Indian title was being recognized rather than created by the Crown.”[1]