The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It followed the Treaty of Paris (1763), which formally ended the Seven Years' War and transferred French territory in North America to Great Britain. The Proclamation forbade all settlements west of a line drawn along the Appalachian Mountains, which was delineated as an Indian Reserve. Exclusion from the vast region of Trans-Appalachia created discontent between Britain and colonial land speculators and potential settlers. The proclamation and access to western lands was one of the first significant areas of dispute between Britain and the colonies and would become a contributing factor leading to the American Revolution. The 1763 proclamation line is more or less similar to the Eastern Continental Divide, extending from Georgia in the south to the divide's northern terminus near the middle of the northern border of Pennsylvania, where it intersects the northeasterly St. Lawrence Divide, and extends further through New England.
Canadian federalism involves the current nature and historical development of the federal system in Canada.
Sir Oliver Mowat was a Canadian lawyer, politician, and Ontario Liberal Party leader. He served for nearly 24 years as the third premier of Ontario. He was the eighth lieutenant governor of Ontario and one of the Fathers of Confederation. He is best known for defending successfully the constitutional rights of the provinces in the face of the centralizing tendency of the national government as represented by his longtime Conservative adversary, John A. Macdonald. This longevity and power was due to his maneuvering to build a political base around Liberals, Catholics, trade unions, and anti-French-Canadian sentiment.
Bruce County is a county in Southwestern Ontario, Canada. It has eight lower-tier municipalities with a total 2016 population of 66,491. It is named for James Bruce, 8th Earl of Elgin and 12th Earl of Kincardine, the sixth Governor General of the Province of Canada. The Bruce name is also linked to the Bruce Trail and the Bruce Peninsula.
In Canada, an Indian reserve is defined by the Indian Act as a "tract of land, the legal title to which is vested in His Majesty, that has been set apart by His Majesty for the use and benefit of a band." Reserves are areas set aside for First Nations, one of the major groupings of Indigenous peoples in Canada, after a contract with the Canadian state, and are not to be confused with indigenous peoples' claims to ancestral lands under Aboriginal title.
The Indian Act is a Canadian act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. First passed in 1876 and still in force with amendments, it is the primary document that defines how the Government of Canada interacts with the 614 First Nation bands in Canada and their members. Throughout its long history, the act has been a subject of controversy and has been interpreted in different ways by both Indigenous Canadians and non-Indigenous Canadians. The legislation has been amended many times, including "over five major changes" made in 2002.
In Canadian law, a reference question or reference case is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation.
Treaty 3 was an agreement entered into on October 3, 1873, by Chief Mikiseesis on behalf of the Ojibwe First Nations and Queen Victoria. The treaty involved a vast tract of Ojibwe territory, including large parts of what is now northwestern Ontario and a small part of eastern Manitoba, to the Government of Canada. Treaty 3 also provided for rights for the Waasaakode Anishinaabe and other Ojibwe, through a series of agreements signed over the next year. The treaty was modified in 1875 when Nicolas Chatelain negotiated an adhesion that created a reserve, surveyed as reserve 16A, for Metis families connected to Mikiseesis' Rainy Lake Band. Reserve 16A and the Rainy Lake Band reserve were unified in 1967.
The Numbered Treaties are a series of eleven treaties signed between the First Nations, one of three groups of Indigenous Peoples in Canada, and the reigning monarch of Canada from 1871 to 1921. These agreements were created to allow the Government of Canada to pursue settlement and resource extraction in the affected regions, which include modern-day Alberta, British Columbia, Manitoba, Ontario, Saskatchewan, and the Northwest Territories. These treaties expanded the Dominion of Canada with large tracts of land in exchange for promises made to the indigenous people of the area. These terms were dependent on individual negotiations and so specific terms differed with each treaty.
Kruger v R, [1978] 1 S.C.R. 104, was a decision by the Supreme Court of Canada on the relationship between the Indian Act and provincial game laws. The Indian Act is a federal law enacted under the British North America Act, 1867, which gives jurisdiction over Aboriginals to the federal government. The Court found that the Indian Act's statement that provincial laws may apply to Aboriginal peoples in Canada as long as they apply to other people protects laws even if these laws affect Aboriginals more than others.
R. v. Jim (1915) 26 C.C.C. 236, was a decision by the British Columbia Supreme Court on Aboriginal ("Indian") hunting and provincial game laws. The court found that Aboriginal hunting on Indian reserves is primarily a federal jurisdiction, relating to section 91(24) of the British North America Act, 1867 which assigns "Indians, and Lands reserved for the Indians" to the federal government.
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty to that land by another colonising state. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively.
Canadian Aboriginal law is the body of law of Canada that concerns a variety of issues related to Indigenous peoples in Canada. Canadian Aboriginal Law is different from Canadian Indigenous law: In Canada, Indigenous Law refers to the legal traditions, customs, and practices of Indigenous peoples and groups. Aboriginal peoples as a collective noun is a specific term of art used in legal documents, including the Constitution Act, 1982, and includes First Nations, Inuit and Métis people. Canadian Aboriginal law provides certain constitutionally recognized rights to land and traditional practices. Canadian Aboriginal Law enforces and interprets certain treaties between the Crown and Indigenous people, and manages much of their interaction. A major area of Aboriginal law involves the duty to consult and accommodate.
In Australia, Canada, New Zealand and the United States the term treaty rights specifically refers to rights for indigenous peoples enumerated in treaties with settler societies that arose from European colonization.
Mohegan Indians v. Connecticut (1705–1773) was the first indigenous land rights litigation in history in a common law jurisdiction. James Youngblood Henderson, professor of law, calls the case "the first major legal test of indigenous tenure." Robert Clinton calls it the "first formal litigation of North American Indian rights."
Royal instructions are formal instructions issued to governors of the United Kingdom's colonial dependencies, and past instructions can be of continuing constitutional significance in a former colonial dependency or Dominion.
Nadan v R is a key ruling of the Judicial Committee of the Privy Council in determining the competence of the Parliament of Canada with respect to the restrictions laid out in the Colonial Laws Validity Act 1865, and whether it possessed extraterritorial jurisdiction.
Canada (AG) v Ontario (AG)[1937] UKPC 6, [1937] A.C. 326, also known as the Labour Conventions Reference, is a landmark decision of the Judicial Committee of the Privy Council concerning the distinct nature of federal and provincial jurisdiction in Canadian federalism.
