Essay on the proclamation of 1763

The Royal Proclamation tends to be closely scrutinized whenever there is cause to examine the legal character of Aboriginal land title. For example, the St. Catharine's Milling case of 1888 was used to settle a constitutional dispute between the governments of Ontario and Canada; during the case, lawyers for the Ontario government argued that the Royal Proclamation was of no force in the legal elaboration of Aboriginal rights . However, in 1973, Supreme Court judge Emmett Hall expressed quite a different view of the proclamation. Responding to a case involving the territorial rights of the Nisga'a Nation, he found that the basic principles of the Royal Proclamation were generally applicable in British Columbia, where the majority of land remains unceded by treaty. The implications of this decision are that Aboriginal land rights are legally enforceable over other large areas of the country such as the Yukon, the eastern Arctic, parts of Québec, and the Maritime provinces.

Essay on the proclamation of 1763

essay on the proclamation of 1763

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