The Royal Proclamation of 1763 and the Aboriginal Constitution

Author ORCID Identifier

Brian Slattery: 0009-0004-7010-1867

Document Type

Book Chapter

Publication Date

2015

Source Publication

Terry Fenge and Jim Aldridge, eds., Keeping Promises: The Royal Proclamation of 1763, Aboriginal Rights, and Treaties in Canada (Montreal & Kingston: McGill-Queen’s University Press, 2015), 14-32, ISBN: 978-0-7735-4587-8

Keywords

Canadian constitutional law; Royal Proclamation of 1763; Honour of the Crown; Indigenous treaties; Aboriginal rights; Indigenous rights; History of Canada

Abstract

In the Manitoba Metis Federation case, the Supreme Court of Canada identifies three major pillars of Aboriginal law: the Royal Proclamation of 1763, the Honour of the Crown, and Aboriginal Treaties. This paper argues that these three, taken together, make up the framework of the Aboriginal Constitution, which parallels the Federal Pact among the Provinces and provides the Constitution of Canada with its most ancient roots.

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