TE'MEXW TREATY ASSOCIATION

 

SCIA'NEW NATION MALAHAT NATION SONGHEES NATION NANOOSE FIRST NATION T'SOU-KE NATION

ROYAL PROCLAIMATION 1867

 

After a bitter war with France, Britain created the "proclamation" Royal Proclamation to integrate settlers into North American territory. Part of the Proclamation dealt specifically with Aboriginal issues and forms the basis of our understanding of the legal nature of Aboriginal title.
The British wanted settlers to move into the area, but also wanted to ensure that Aboriginals had their own land. The proclamation forbid settlers from making land deals on a private basis, and instead ensured that any future negotiation was to be carried out by the government and recorded in written agreements (treaties). It gave Britain the right to buy land, but protected First Nations’ right to hunt and fish on the acquired lands.
Modern-day courts throughout Canada have upheld these rights, based partly on this early piece of legislation. The full extent of where the Proclamation applies in Canada is still subject to dispute, but it is a major document in terms of its importance to the foundation of Aboriginal law.