The Royal Proclamation of 1763 and its Impact on Aboriginal Rights in Canada

Sociology
Indigenous studies
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Sociology
The royal proclamation, 1763
The Royal Proclamation of 1763 was issued by King George II following the seven years war
with an aim of establishing government administration in the North American territories that had
originally and formally been ceded under the Treaty of Paris by France to Britain (Godlewska,
Moore, Bednasek, 2010).
This proclamation was really essential as it provided a basis and a constitutional framework for
treaties negotiation with the Aboriginal inhabitants in Canada. It was even referenced in the
constitution act of 1982, section 25.
It is also important to note that this proclamation also played a very significant role in the
American Revolution that later happened in 1775 (Fraser & Viswanathan, 2013). Some other
provisions of this proclamation are that it became a very important legal instrument for
establishment as well as the survival of colonial government in various provinces such as East
and West Florida, Grenada and Quebec. In addition to this, it was also very instrumental towards
reserving quite a large area of land in North America for the use and occupation of the
Aboriginal people.
As referenced in section 25 of the Canadian Constitution Act, 1982 this provision suggests that
there is nothing whatsoever in Canada's charter of rights and Freedoms that would diminish
Aboriginal's rights and entitlements as proposed in the Royal Proclamation (Pasternak, 2014).
Indian title
This is regarded as the right of exclusive occupancy in the land by Indians. Mounting evidence
and historical data provided that there is no possible way that the Indian title can owe its origin

Sociology
form the Proclamation of 1763. This is based on the undeniable fact that when various settlers
came in there Indians were already present and were organized into various societies and
occupying the land (O'toole, 2012).This simply meant that the Indians had a legal right to
continue living in their land as long as they want because their forefathers had once been there. It
is also important to note that it was clearly provided that this is a right they cannot even be
lawfully extinguished except under sovereign authority.
The Indian title is not regarded as a right but rather an entitlement and a property right that the
Crown managed to recognize in the Royal proclamation, 1973. This is also inconsistent with the
Supreme court of Canada (Wood& Rossiter, 2011).
Act for the Better Protection of the Lands and Property of Indians in Lower Canada, 1850
The Indian Act is federal legislation that provides basic and essential legal status as well as
entitlements Aboriginal people in Canada. This act was basically a guide with which the Federal
government was supposed to interact with the Aboriginal people (Elias, Busby, Martens, 2015).
This act granted constitutional powers to the federal government over Indians as well as land
reserves for the Indians.
This Act clearly identifies and deals with issues such as the legal definition of exactly who may
claim to have an Indian status in Canada. There is a provision of rights and duties which
accompany that status. In addition this, this Act also provides for the dynamic structure of
Canada's reserve system and the nature of the Aboriginal self-government.
According to this act, there were certain requirements that had to be reached for one to be
considered to be Indian. First and foremost, for one to be considered Indian then they must have
‘Indian blood’. Secondly, all descendants of such people that have Indian blood and those