Was Gisday

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LAW 397 Indigenous Legal Theories

Notes

analyze "the purpose of the right to freedom question by reference to…the historical origins of the concepts enshrined”.

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colonists did not see their rights pursuant to Royal Charters as giving them title to the land, but only the right to acquire title from the Indians.

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British authorities came to understand that the integrity of the British Empire in North America, in its continuing struggle with the French for hegemony, was grounded in Indian insistence and British acknowledgement that Indian rights must be respected.

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Proclamation is the Imperial affirmation and recognition of the fundamental principles upon which the legal relationship between Indians and the Crown are to be resolved.

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Indian nations are recognized by the Crown as possessing rights to their tefritory,

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Indian rights are to be acquired by the Crown by consent in accordance with formal treaty making protocol.

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the fundamental principles which are reflected in the Proclamation have also become embodied in the common law.

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You are also with the consent of the natives to take possession in the name of the King of Great Britain

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the claims of the Indians over tracts of land, and on which they assume to exercise ownership, but of which they make no real use, operate very materially to prevent settlement and cultivation.

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the need for protection of Indian rights from abuse and fraud by whites at the frontier of the colonies, and the inability or unwillingness of the local governments to protect such rights, spurred the consolidation and codification of Imperial recognition of Indian rights.

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the legislative objective of including aboriginal and treaty rights in the Constitution of Canada was to restore the honour of the Crown

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Our treatment, our meagre, mean treatment of them, has increased our obligation, not diminished it. We cannot reverse history, but we can take account of it.

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There is nothing, so far as I can see, to warrant any distrust by the Indians of the Government of Canada.

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there is not the political will in this country to come to grips with the historical and legal reality of aboriginal rights. The politicians have, in effect, deferred the matter to the courts.

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No court in grappling with the issues of aboriginal rights has had the opportunity which this Court will have of hearing Indian witnesses describe their history, the nature of their society, their institutions, and their legal order from which their rights to ownership and jurisdiction are derived.

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