A full transcript is available.ExcerptAnd We do further strictly enjoin and require all Persons whatever, who have either wilfully or inadvertently seated themselves upon any Lands within the Countries above described, or upon any other Lands, which, not having been ceded to, or purchased by Us, are still reserved to the said Indians as aforesaid, forthwith to remove themselves from such Settlements. And whereas great Frauds and Abuses have been committed in the purchasing Lands of the Indians, to the great Prejudice of Our Interests, and to the great Dissatisfaction of the said Indians; in order therefore to prevent such Irregularities for the future, and to the End that the Indians may be convinced of Our Justice, and determined Resolution to remove all reasonable Cause of Discontent, We do, with the Advice of Our Privy Council, strictly enjoin and require, that no private Person do presume to make any Purchase from the said Indians of any Lands reserved to the said Indians, within those Parts of Our Colonies where We have thought proper to allow Settlement; but that if, at any Time, any of the said Indians should be inclined to dispose of the said Lands, the same shall be purchased only for Us, in Our Name, at some Publick Meeting or Assembly of the said Indians to be held for that Purpose by the Governor or Commander in Chief of Our Colonies respectively, within which they shall lie; and in case they shall lie within the Limits of any Proprietary Government, they shall be purchased only for the Use and in the Name of such Proprietaries, conformable to such Directions and Instructions as We or they shall think proper to give for that Purpose: And We do, by the Advice of Our Privy Council, declare and enjoin, that the Trade with the said Indians shall be free and open to all Our Subjects whatever; provided that every Person who may incline to trade with the said Indians, do take out a License for carrying on such Trade from the Governor or Commander in Chief of any of Our Colonies respectively, where such Person shall reside; and also give Security to observe such Regulations as We shall at any Time think fit, by Ourselves or by Our Commissaries to be appointed for this Purpose, to direct and appoint for the Benefit of the said Trade; and We do hereby authorize, enjoin, and require the Governors and Commanders in Chief of all Our Colonies respectively, as well Those under Our immediate Government as Those under the Government and Direction of Proprietaries, to grant such Licenses without Fee or Reward, taking especial Care to insert therein a Condition, that such License shall be void, and the Security forfeited, in case the Person, to whom the same is granted, shall refuse or neglect to observe such Regulations as We shall think proper to prescribe as aforesaid. Read the introduction as well as the transcript of the attached original document. It may be helpful to also refer to a map of North America to identify those areas mentioned in the document.
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What is the Royal Proclamation?The Royal Proclamation is a document that set out guidelines for European settlement of Aboriginal territories in what is now North America. The Royal Proclamation was initially issued by King George III in 1763 to officially claim British territory in North America after Britain won the Seven Years War. In the Royal Proclamation, ownership over North America is issued to King George. However, the Royal Proclamation explicitly states that Aboriginal title has existed and continues to exist, and that all land would be considered Aboriginal land until ceded by treaty. The Proclamation forbade settlers from claiming land from the Aboriginal occupants, unless it has been first bought by the Crown and then sold to the settlers. The Royal Proclamation further sets out that only the Crown can buy land from First Nations. Most Indigenous and legal scholars recognize the Royal Proclamation as an important first step toward the recognition of existing Aboriginal rights and title, including the right to self-determination. In this regard, the Royal Proclamation is sometimes called “the Indian Magna Carta.” The Royal Proclamation set a foundation for the process of establishing treaties. For example, treaty-making typically involved presence of both parties — the First Nation and the government, for there to be some form of consent between the two, and for the First Nation to be compensated for any lands or resources taken. However, the Royal Proclamation was designed and written by British colonists without Aboriginal input, and clearly establishes a monopoly over Aboriginal lands by the British Crown. Is the Royal Proclamation still valid?Some argue that the Royal Proclamation is still valid in Canada, since no law has overruled it.1 The Royal Proclamation is enshrined in Section 25 of the Constitution Act; this section of the Charter of Rights and Freedoms guarantees that nothing can terminate or diminish the Aboriginal rights outlined in the Proclamation. The Royal Proclamation also applied to the United States; however, American independence from Great Britain after the Revolutionary War rendered it no longer applicable. The United States, however, eventually created its own similar law in the Indian Intercourse Acts. Despite arguments that the Proclamation is still valid, Aboriginal peoples continually have had to prove their existing title to the land through legal disputes. In British Columbia in particular, this issue has been of prime concern amongst Aboriginal groups. The vast majority of the province has never been ceded by its Aboriginal peoples, resulting in the argument that non-Aboriginal settlement in B.C. is on stolen land. The Province of British Columbia has maintained that the Royal Proclamation does not apply to B.C. since it had not yet been settled by the British when the Proclamation was issued in 1763.2 This perspective is greatly disputed amongst government officials, academics, and the public, some who claim that the Proclamation would have applied to B.C. when British sovereignty was established in the province. What does the Royal Proclamation say?The following is an excerpt from the Royal Proclamation of 1763 that deals specifically with Aboriginal peoples:
Recommended Resources & Further Reading
Endnotes1 Steckley, John L & Bryan D. Cummins, Full Circle, Canada’s First Nations. Toronto: Pearson Prentice Hall, 2008. 122. 2 Ibid. |