Exploring the History of Indigenous People: Charters and Land Claims

This essay examines the history of Indigenous people in relation to the Hudson's Bay Charter, the Royal Proclamation of 1763, and the Comprehensive Land Claims Policy. It defines the Indigenous people as those native to the land governed by the Hudson's Bay Charter, outlining the exclusive trading rights granted to the Hudson's Bay Company and the structure of its governance. The essay contrasts the Royal Proclamation of 1763, which acknowledged Indigenous land rights and required treaties for land access, with the Comprehensive Land Claims Policy, which is argued to have marginalized Indigenous people by sanctioning illegal land occupation. The analysis highlights the shift from recognizing Indigenous rights to a policy that, according to the essay, undermines those rights, emphasizing the importance of treaties and agreements in accessing Indigenous territories as initially established by the Royal Proclamation.

Running Head: HISTORY OF INDIGENOUS PEOPLE
History of Indigenous People
Name of the Student
Name of the University
Author Note

1HISTORY OF INDIGENOUS PEOPLE
Indigenous People as Defined by the Hudson Bay Charter
The Hudson’s Bay Charter was one that granted exclusive rights or monopoly for trading
with the indigenous people or the native people of the land that fell within the purview of the
Charter. All the native people who were living in all of the areas that were designated within the
Hudson’s Bay Charter could be traded with. In a way this implied that only the members of the
company and the governor of the company were in a position to deal with the native people, and
that too for commodities such as fur. A number of different trading posts were set up by those
who were officially working for the company at the various rivers that surround the Hudson Bay.
If any one was found to be infringing upon such trading rights, then their goods and their ships
would be confiscated immediately, with half of the loot going to the Crown while the other half
of the loot would be pocketed by the Company. It is important to remember however that the
right to punish offenders who infringed upon trading rights with the native people, was
something that was for the most part never really exercised.
Authorities for the Hudson’s Bay Company Charter
There were a number of authorities or signatories for the Hudson’s Bay Charter, the first
and foremost one being the Hudson’s Bay Company itself, followed by the governor and the
deputy governor. The governor was at the helm of affairs and functioned in a manner similar to
that of a chairman, running the affairs of the charters from the headquarters of the Company in
London, England. The deputy governor of the charter was a man who ran the administration in

2HISTORY OF INDIGENOUS PEOPLE
much the same way as the director of a company. This is a person who had many people working
under him, and who would make more frequent visits to the various posts of the Charter
compared to the governor, who would only visit the posts every once in awhile. This is a person
who had a number of clerks and traders working under him, with the traders being responsible
for all trading and business affairs and the clerks keeping stringent records of all of the business
activities that were carried out with the native people.
Understanding the Connection between the Comprehensive Land Claims Policy and the
Royal Proclamation of 1763
As pointed out by Sharon Verne the Comprehensive Land Claims Policy as the title
suggests is a policy and not a piece of legislation. It is distinctly different from the elements that
the Royal Proclamation of 1763 is made up of. The Royal Proclamation of 1763 was established
by the British Crown primarily for the governing of subjects. One of the most important
statements set out in the Royal Proclamation of 1763 is that one would have to make use of a
treaty or an agreement in order to access the land or the territory of the native people. Secondly if
the subjects of the Crown occupied land or territory that belonged originally to the native people,
then it would be mandatory for the Crown to go ahead and remove them immediately. If these
people were not removed, they would be considered as squatters and treated as such. Thirdly,
treaties or agreements would be drafted but only if Indians ever truly desired this. Treaties

3HISTORY OF INDIGENOUS PEOPLE
therefore became an important pre-requisite if one intended to embark on the lands or territories
that were occupied by the Indian people. The Comprehensive Land Claims Policy on the other
hand does not seek out co-existence in the same way that the Royal Proclamation of 1763 is
known to do. It sanctions the illegal occupation of the land of the indigenous people whereas the
Royal Proclamation had successfully acknowledged the right of the indigenous people to the
land that they were occupying. It in a way was a piece of legislation that gave the indigenous
people of Canada the importance and the dignity that they deserved, something that the
Comprehensive Land Claims Policy failed to do later on, marginalizing them instead of being
inclusive in nature and scope.