Deed of Surrender | |
---|---|
Queen-in-council | |
| |
Territorial extent | Rupert's Land, North-Western Territory, Canada |
Enacted by | Queen-in-council |
Royal assent | June 23, 1870 |
Commenced | July 15, 1870 |
Status: In force |
The Deed of Surrender or Rupert's Land and North-Western Territory Order is an 1870 British order in council that transferred ownership of Rupert's Land and the North-Western Territory from the United Kingdom to the newly created Dominion of Canada. The Deed ended just over 200 years of Hudson's Bay Company (HBC) control over Rupert's Land and began western Canadian expansion. Often confused with the Rupert's Land Act 1868, the deed is different as the act only expressed that the United Kingdom and Canada permitted the transfer, but did not settle on the details of exchange with HBC, which were outlined in the Deed of Surrender.
On May 2, 1670, King Charles II of England granted the HBC a royal charter for "the sole Trade and Commerce of all those Seas, Streights, Bays, Rivers, Lakes, Creeks, and Sounds, in whatsoever Latitude they shall be, that lie within the entrance of the Streights commonly called Hudson's Streights... which are not now actually possessed by any of our Subjects, or by the Subjects of any other Christian Prince or State... and that the said Land be from henceforth... called Rupert's Land". [1] In addition to the grant of commercial rights, the Charter also stated that the grant was "together with all the Lands and Territories upon the Countries, Coasts and Confines of the Seas, Bays, Lakes, Rivers, Creeks, and Sounds aforesaid, that are not already actually possessed," and including "all mines Royal". [1] The basis of this claim and the charter was under the principle of the doctrine of discovery, whereby the lands were considered free to claim if they were not owned already by other European nations. The Supreme Court of Canada has held that the grant also gave the Company ownership of the resources within Rupert's Land. [2] [3]
In 1821, the British Parliament further extended the company's domain to the North-Western Territory as well with the passage of "An act for regulating the fur trade, and establishing a criminal and civil jurisdiction within certain parts of North America". [4]
In 1867, with Confederation, the new Dominion of Canada sought to expand westward. In that same year, Canada's Parliament expressed this desire to the United Kingdom and soon after entered into talks with the HBC to arrange for the transfer of the territory. [5] These talks resulted in the Deed of Surrender, which was part of an order-in-council by the United Kingdom titled "Rupert's Land and North-Western Territory - Enactment No. 3: Order of Her Majesty in Council admitting Rupert's Land and the North-Western Territory into the union, dated the 23rd day of June 1870". The Deed was approved and issued on June 23, 1870, and took effect on July 15, 1870. [6] The Province of Manitoba, the first new province to join Confederation, was created on the same day.
The Hudson's Bay Company is a Canadian retail business group. A fur trading business for much of its existence, it became the largest and oldest corporation in Canada, before evolving into a major fashion retailer, operating retail stores across both the United States and Canada. The company's namesake business division is Hudson's Bay, commonly referred to as The Bay.
Rupert's Land, or Prince Rupert's Land, was a territory in British North America which comprised the Hudson Bay drainage basin. The right to "sole trade and commerce" over Rupert's Land was granted to Hudson's Bay Company (HBC), based at York Factory, effectively giving that company a commercial monopoly over the area. The territory operated for 200 years from 1670 to 1870. Its namesake was Prince Rupert of the Rhine, who was a nephew of King Charles I and the first governor of HBC. In December 1821, the HBC monopoly was extended from Rupert's Land to the Pacific coast.
The Red River Colony, also known as Assiniboia, was a colonization project set up in 1811 by Thomas Douglas, 5th Earl of Selkirk, on 300,000 square kilometres (120,000 sq mi) of land in British North America. This land was granted to Douglas by the Hudson's Bay Company in the Selkirk Concession. It included portions of Rupert's Land, or the watershed of Hudson Bay, bounded on the north by the line of 52° N latitude roughly from the Assiniboine River east to Lake Winnipegosis. It then formed a line of 52° 30′ N latitude from Lake Winnipegosis to Lake Winnipeg, and by the Winnipeg River, Lake of the Woods and Rainy River.
In January 1814, Governor Miles MacDonell, appointed by Thomas Douglas, 5th Earl of Selkirk issued to the inhabitants of the Red River area a proclamation which became known as the Pemmican Proclamation. The proclamation was issued in attempt to stop the Métis people from exporting pemmican out of the Red River district. Cuthbert Grant, leader of the Métis, disregarded MacDonell's proclamation and continued the exportation of pemmican to the North West Company. The proclamation overall, became one of many areas of conflict between the Métis and the Red River settlers. Thomas Douglas, 5th Earl of Selkirk had sought interest in the Red River District, with the help of the Hudson's Bay Company as early as 1807. However, it was not until 1810 that the Hudson's Bay Company asked Lord Selkirk for his plans on settling in the interior of Canada.
The North-Western Territory was a region of British North America extant until 1870 and named for where it lay in relation to Rupert's Land.
The Dominion Land Survey is the method used to divide most of Western Canada into one-square-mile (2.6 km2) sections for agricultural and other purposes. It is based on the layout of the Public Land Survey System used in the United States, but has several differences. The DLS is the dominant survey method in the Prairie provinces, and it is also used in British Columbia along the Railway Belt, and in the Peace River Block in the northeast of the province.
The Dominion Lands Act was an 1872 Canadian law that aimed to encourage the settlement of the Canadian Prairies and to help prevent the area being claimed by the United States. The Act was closely based on the U.S. Homestead Act of 1862, setting conditions in which the western lands could be settled and their natural resources developed.
The Manitoba Act, 1870 is an act of the Parliament of Canada, and part of the Constitution of Canada, that provided for the admission of Manitoba as the fifth province of Canada.
York Factory was a settlement and Hudson's Bay Company (HBC) factory on the southwestern shore of Hudson Bay in northeastern Manitoba, Canada, at the mouth of the Hayes River, approximately 200 kilometres south-southeast of Churchill.
Winnipeg River is a Canadian river that flows roughly northwest from Lake of the Woods in the province of Ontario to Lake Winnipeg in Manitoba. This river is 235 kilometres (146 mi) long from the Norman Dam in Kenora to its mouth at Lake Winnipeg. Its watershed is 106,500 square kilometres (41,100 sq mi) in area, mainly in Canada. About 29,000 square kilometres (11,000 sq mi) of the watershed is in northern Minnesota, United States.
Sir George Simpson was a Scottish explorer and colonial governor of the Hudson's Bay Company during the period of its greatest power. From 1820 to 1860, he was in practice, if not in law, the British viceroy for the whole of Rupert's Land, an enormous territory of 3.9 millions square kilometres corresponding to nearly forty per cent of modern-day Canada.
The Rupert's Land Act 1868 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland, authorizing the transfer of Rupert's Land from the control of the Hudson's Bay Company to the Dominion of Canada. Often confused with the Deed of Surrender, the act is different as it only expressed that the United Kingdom and Canada permitted the transfer but did not settle on the details of exchange with HBC which were then outlined in the deed.
The history of the Northwest Territories covers the period from thousands of years ago to the present day. Prior to European colonization, the lands that encompass present-day Northwest Territories were inhabited for millennia by several First Nations. European explorers and fur traders began to explore the region since the late-16th century. By the 17th century, the British laid claim to both the North-Western Territory and Rupert's Land; and granted the Hudson's Bay Company a commercial fur trade monopoly over the latter region.
Fort Ellice was a Hudson's Bay Company trading post that operated from 1794 to 1892. It was first established in February 1794 by John Sutherland on the Qu'Appelle River about 20 kilometres (12 mi) upstream from its mouth at the Assiniboine River, and known as the Qu'Appelle River Post until it was destroyed by the North West Company in 1816.
Land is owned in Canada by governments, Indigenous groups, corporations, and individuals. Canada is the second-largest country in the world by area; at 9,093,507 km2 or 3,511,085 mi2 of land. It occupies more than 6% of the Earth's surface.
The Hudson Bay expedition of 1686 was one of the Anglo-French conflicts on Hudson Bay. It was the first of several expeditions sent from New France against the trading outposts of the Hudson's Bay Company in the southern reaches of Hudson Bay. Led by the Chevalier de Troyes, the expedition captured the outposts at Moose Factory, Rupert House, Fort Albany, and the company ship Craven.
This page is meant to provide clarity on the mechanisms and timeline of the transfer of Rupert's Land and North-Western Territory from the Hudson's Bay Company (HBC) back to the Crown and then immediately to the new nation of Canada.
Section 146 of the Constitution Act, 1867 is a provision of the Constitution of Canada authorising the expansion of Canada by admitting British Columbia, Newfoundland, Prince Edward Island, Rupert's Land, and the North-Western Territory into Canada.
Fort Albany was a Hudson's Bay Company trading post established in 1679 near the site of the present day Fort Albany First Nation. The fort was one of the oldest and most important of the Hudson's Bay Company's posts. It was also involved in Anglo-French tensions leading to the Battle of Fort Albany in 1688.