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Indigenous Sovereignty: Royal Proclamation of 1763

"[I]t is . . . 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 . . . as their Hunting Grounds . . ." (204).

"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. . . . and We do hereby strictly forbid . . . 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" (205).

"The Royal Proclamation of 7 October 1763." Keeping Promises: The Royal Proclamation of 1763, Aboriginal Rights, and Treaties in Canada, edited by Terry Fenge and Jim Aldridge, McGill-Queen's UP, 2015, pp. 201-206.

"[T]he Treaty of Niagara significantly undermines the claims of British sovereignty over First Nations as found in the Proclamation" (167).

"In light of the history and subsequent agreements in relation to the Treaty of Niagara, the Royal Proclamation can no longer be interpreted as a unilateral declaration of the Crown. As a result, the Royal Proclamation can no longer be interpreted as a document which undermines First Nations rights" (171).

Borrows, John. "Wampum at Niagara: The Royal Proclamation, Canadian Legal History, and Self-Government." Aboriginal and Treaty Rights in Canada: Essays on Law, Equity, and Respect for Difference, edited by Michael Asch, UBC P, 1997 pp. 155-172.

"While the King asserts ultimate sovereignty over the Indians, he also acknowledges their semi-autonomous status, describing them as Nations or Tribes. . . . He recognizes that the Indians are entitled to undisturbed possession of the lands reserved to them. . . . The King claims these lands as part of his dominions, but at the same time recognizes the existence of an Indian interest requiring extinguishment by cession or purchase" (370).

"The Proclamation of 1763 has a profound significance for modern Canada. Under its terms, aboriginal peoples held continuing rights to their lands except where these rights have been extinguished by voluntary cession. . . . So native peoples may today hold subsisting aboriginal rights to large tracts of Canadian land" (372).

Slattery, Brian. "The Hidden Constitution: Aboriginal Rights in Canada." American Journal of Comparative Law, vol. 32, no. 2, Spring 1984, pp. 361-391.