Tansi Nîtôtemtik,
Image retrieved from Library and Archives Canada
The Royal Proclamation of 1763 was issued by King George III on October 7, 1763, following the Crown’s acquisition of French territory in North America under the Paris Treaty of 1763, following the Seven Years War. The Proclamation set out to establish separate colonial governments in the provinces of Quebec, East Florida, West Florida, and Grenada.
However, beyond establishing the limits of these four Crown colonies, the Proclamation is particularly significant for Indigenous governance in the fact that it reserved a large area of North America – specifically, the area West of the Appalachians, but excluding Quebec and Rupert’s Land (owned by the Hudson’s Bay Company) – for the exclusive use and possession of Indigenous peoples. It is for this reason that the Proclamation is also referred to as the “Indian Magna Carta”:
And We do further declare it to be Our Royal Will and Pleasure, for the present as aforesaid, to reserve under our Sovereignty, Protection, and Dominion, for the use of the said Indians, all the Lands and Territories not included within the Limits of Our said Three new Governments, or within the Limits of the Territory granted to the Hudson’s Bay Company, as also all the Lands and Territories lying to the Westward of the Sources of the Rivers which fall into the Sea from the West and North West as aforesaid.[1]
In delineating the bounds of the colonial governments, the Proclamation explicitly states that the land not ceded to by Indigenous peoples was reserved to them, so that they might not be “molested or disturbed”:
And whereas it is just and reasonable, and essential to our Interest, and the Security of our Colonies, that the several Nations or Tribes of Indians with whom We are connected, and who live under our Protection, should not be molested or disturbed in the Possession of such Parts of Our Dominions and Territories as, not having been ceded to or purchased by Us, are reserved to them, or any of them, as their Hunting Grounds.[2]
Following this, the Proclamation “strictly forbid” all subjects from purchasing or settling on the reserved lands. It further set out that, in order to prevent any “frauds and abuses” occurring in the future, no private person could purchase reserved land, except with leave of the Crown, who could only purchase land from the Indigenous peoples:
And We do hereby strictly forbid, on Pain of our Displeasure, all our loving Subjects from making any Purchases or Settlements whatever, or taking Possession of any of the Lands above reserved, without our especial leave and Licence for that Purpose first obtained.
And 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 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 public Meeting or Assembly of the said Indians, to be held for that Purpose by the Governor or Commander in Chief of our Colony 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.[3]
While at once affirming the rights of Indigenous peoples over their lands, the Proclamation is filled with statements that claim “Dominion” and “Sovereignty” over those territories, and speaks of the Crown’s “Protection” over the Indigenous peoples: “In placing these divergent notions within the Proclamation the British were trying to convince Native people that they had nothing to fear from the colonists, while at the same time trying to increase their own political and economic power.”[4]
The Royal Proclamation is argued by some to still be valid in Canada, given the fact that no other statute has overturned it.[5] It is, in fact, explicitly enshrined in Section 25 of the Constitution Act, 1982, relating to the application of the Charter of Rights and Freedoms:
25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including:
(a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and
(b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired.
The relevant excerpt of the Proclamation can be read here.[6]
Until next time,
Team ReconciliAction YEG
[1] “Royal Proclamation, 1763”, Indigenous Foundations, online: <https://indigenousfoundations.arts.ubc.ca/royal_proclamation_1763/>
[2] Ibid.
[3] Ibid.
[4] John J. Borrows and Leonard I. Rotman, “Governance” in Aboriginal Legal Issues: Cases, Materials & Commentary, 5th edition, eds. John J. Borrows and Leonard I. Rotman (Toronto: LexisNexis, 2018) at 17.
[5] “Royal Proclamation, 1763”, supra note 1.
[6] Ibid.
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