Nova Scotia and the Paradox of the Royal Proclamation

Today marks the 260th anniversary of the Royal Proclamation of 1763.

Over the course of Canadian history, there are few documents that carry more weight. With less than 2,000 words, the Crown laid out in this document a precedent in British Canadian law that normalized territorial treaty-making, and recognized Aboriginal Rights and Title. In 1982, the Proclamation was enshrined in section 25 of Canada’s Charter of Rights and Freedoms.

Designed to sort out jurisdictional issues in North America following the Seven Years’ War (1756-63), the Proclamation served four important purposes:

  1. It established the boundaries of four new British colonies: Quebec, East Florida, West Florida, and Grenada; it also modified the boundaries of Nova Scotia and Georgia.
  2. It provided a schedule for assigning free land to veterans of the war.
  3. It established a protocol for British administrators to follow regarding colonial expansion onto Indigenous Lands.
  4. From the British perspective, it reserved for Indigenous nations the Land lying to the west of the Appalachian Mountains.

At its core, the Proclamation is the document that set out a process for British colonial settlement and jurisdiction that continues to define the world in which North Americans live today.

There’s a problem, though: the principles outlined in the Proclamation were muddied by the on-the-ground realities of eighteenth-century life in ways that clearly resonate today. Nothing demonstrates this better than the colony of Nova Scotia’s origin story: there, the Proclamation’s provisions have never been fully adopted.

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Witnessing and Unwitnessing Ontario’s Treaties

This post was originally published on ActiveHistory.ca

Last week was the second annual Treaty Recognition Week in Ontario. Organized by the provincial government, this is a time for Ontarians to acknowledge and learn about the treaties upon which the province was developed. This year, Ontario’s Ministry of Education announced that Indigenous history and culture would become part of the K-12 curriculum by fall 2018.

A Wampum Belt Marking the 1764 Treaty of Niagara

In southern Ontario, treaty recognition is sorely needed. Here, the late-eighteenth and early-nineteenth-century treaties that enabled settlement on Indigenous lands remain poorly understood. Though individual First Nations, the Union of Ontario Indians, and the provincial and federal government all provide basic information about these treaties on their websites, most of these initiatives are relatively recent. From a comparative perspective, there are no parallel in-depth studies to the relatively vast literature on treaties elsewhere in Canada.[1] The most comprehensive resource that I have found remains Robert Surtees’s 1984 Land Surrenders in Ontario in addition to a handful of academic journal articles, doctoral dissertations and more local studies.[2]

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