In the video above, Bob Joseph, author of 21 Things You Never Knew About the Indian Act, introduces the Royal Proclamation of 1763 and the impact it had on Aboriginal Peoples.
Retrieved from https://www.youtube.com/watch?v=ZPXfRMTu2jY
Beginning with the Royal Proclamation of 1763, Aboriginal rights to title of land has been part of Canada's legal history. As you read Pages 2 - 7 of Resolving Aboriginal Claims, consider how the Vocabulary from the introduction is related to land claims (this will help you with a later assignment).
While the Royal Proclamation recognized Aboriginal title to land, developing Canada wanted land for settlers, resources and the railway. Over time, the Indian Act was revised a number of times to prevent First Nations from fully utilizing their land rights, and controllling who could claim land.
In 1876, the Indian Act was changed to only allow purchase or leasing of reserve land by the Crown. This action prevented First Nations from entering into the commercial and economic trade, and created greater control of reserve land within the Crown.
In 1889, as more land was required by the Crown, another revision was made to the Indian Act, providing the Crown the ability to lease reserve land over band council objections.
The Indian Act also provided the government with control over who qualified as a Status Indian, and only Status Indians could claim land. Thus, Inuit, Metis and First Nations without status were left out of land claims.
In 1871, as British Columbia entered the union, B.C.'s lieutenant-governor, Joseph Trutch, advised the prime minister to not negotiate treaty with the First Nations as he did not believe they had rights to the land;
The Indians have really no rights to the lands they claim, nor are they of any actual value or utility to them; and I cannot see why they should retain these lands to the prejudice of the general interests of the Colony, or be allowed to make a market of them either to Government or to individuals.
Trutch went against the Proclamation of 1763, and took back lands that the Hudson Bay Company and Governor of Vancouver Island had reserved for First Nations. Unlike the HBC, who did not need much land to do business on as they relied on trappers, Trutch wanted land for settlers -- By 1864, he had taken back 94% of the lands that had been mapped out as reserves.
The Nisga'a Nation, led by Chief Israel Sgat'lin, sent delegations to Ottawa and Victoria to defend their land rights. The Nisga'a argued that they had never surrendered their land under the terms of the Royal Proclamation of 1763, and asked for negotiations to begin. This was the first time a First Nation used European Law to argue for rights.
The government responded by changing the Indian Act once again to disallow First Nations to hire legal support for land claims. Finally, in the 1960's the Nisga'a sued the federal government in what became known as the Calder case.
Create a timeline! You can begin with the editable one started here (which includes some important date) or make one of your own, to jot down notes and important events as you read Resolving Aboriginal Claims and other resources in the module. You may find yourself adding new dates in as you progress through this module.
You may find this helpful to gain an understanding of land claims and to complete assignments within the module.