Maa Nathltaapaan
HISTORY OF THE CROWN & ABORIGINAL TITLE
Aboriginal peoples across what is now known as North America have maintained a strong connection to the land since time immemorial. Although there is vast cultural variation between First Nations, most groups maintained similar beliefs and principles that governed their relationship with and responsibility to the land.
Most First Nations did not believe that pieces of land could or should be owned by individuals—humans, along with all other living beings, belonged to the land. The land provided for humans, and in turn, humans bore a responsibility to respect and care for it. Many Aboriginal peoples understand this as a reciprocal relationship with the land.
EUROPEAN SETTLERS ARRIVING IN NORTH AMERICA BROUGHT WITH THEM CONCEPTS OF PRIVATE PROPERTY OWNERSHIP, AND THE NOTION THAT HUMANS COULD, AND SHOULD, OWN LAND AS A STEP TOWARDS “CIVILIZATION.”
In 1763 the British Crown issued The Royal Proclamation, a document that recognized Aboriginal title during European settlement of what is now Canada. The Proclamation states that ownership over North America is issued to King George III, but that ABORIGINAL TITLE EXISTS AND CAN ONLY BE EXTINGUISHED BY TREATY WITH THE CROWN.
The Proclamation further specifies that Aboriginal land can only be sold or ceded to the Crown, and not directly to settlers.
indigenousfoundations.arts.ubc.ca
Aboriginal title refers to the inherent Aboriginal right to land or a territory. The Canadian legal system recognizes Aboriginal title as a sui generis, or unique collective right to the use of and jurisdiction over a groupés ancestral territories. This right is not granted from an external source b...
Printed copy · Anthology Volume 1, page 283
