Respecting the bargain enshrined in the Royal Proclamation of 1763

October 5, 2013

Glenn Wheeler, Vice-President (Policy) – This coming Monday (October 7) marks a crucial anniversary in the history of Canada. Indeed, October 7, 1763 is as important as the birthday of the country since without the events of 250 years ago we would not have the Canada that we do today.

It was on that October day two and a half centuries ago that King George III issued the Royal Proclamation. Great Britain had just defeated France in war and had acquired previously French-controlled territory in North America.

But the British were not home free. They faced an adversary whose overwhelming military strength were a potentially fatal barrier to their colonial designs. First Nations had mostly been allies of the French and if the British did not get them onside, they faced decades more of military strife. The decision of the First Nations to reach an accommodation with the British was pivotal in developments leading to the foundation of the new country of Canada.

Despite its profound importance in shaping the country to be, most Canadians have not heard of the Royal Proclamation. And among those students of Canadian history familiar with it, there is widespread misunderstanding of the nature of the document. The common understanding is that it prevented settlers and speculators from encroaching on First Nations land and thereby stirring up unrest with the British colonialists.

As the Royal Proclamation states: “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…

But as has been argued by Professor John Burrows (a member of the Chippewas of Nawash First Nation and Anishnaabe), it would be wrong to see the Royal Proclamation as a “unilateral declaration of the Crown’s will“. On the contrary, it was the result of a bargain between sovereign powers that contains important promises, including “a respect for the sovereignty of First Nations,” as Professor Burrows says.

The relationship between Crown and First Nations was not of master and subject, Professor Burrows writes, but an “alliance” (the Proclamation speaks of the “several Nations … with whom we are connected“).

That relationship remains, preserved in the Constitution of Canada  – the supreme law of the Crown – which states that nothing in the Charter of Rights shall “abrogate” or “derogate” from any rights recognized by the Royal Proclamation.

The right of First Nations to our sovereignty and to self-government are among those rights. Reconciliation requires that all Canadians (Aboriginal and non-Aboriginal) understand the Royal Proclamation’s vision of cooperation between equals. That’s the spirit that must animate relations between Canada and its Aborginal peoples today.

On this October 7, 2013, we honour our ancestors who negotiated those rights on our behalf. And we re-commit ourselves to making the promise of October 7, 1763 a reality in 21st century Canada.

*Note 1: The views expressed in this blog are those of the author and may not necessarily reflect the views of and/or official policy of the Aboriginal Peoples’ Commission and/or the Liberal Party of Canada*
*Note 2: The blog was published in the language it was received*