INDIGST 1A03 Lecture Notes - Lecture 9: Manitoulin Island, Dominion Lands Act, Indian Act
Document Summary
Applied throughout the early to mid 18th century. The crown could confiscate or extinguish real or personal property rights in the process of conquering without scrutiny from any british court, but could not perpetrate and ac of state against its own subject. Presumed that the crown did not intend to extinguish private property upon acquiring sovereignty and thus that pre-existing interests were enforceable under british law. Held that private property rights were presumed to be extinguished in the absence of explicit recognition. International war between britain and france over trade. Royal proclamation is decreed by king george iii. Detailed how great britain would set up camp as governments. Not to disturb any of the indigenous peoples" land or the peoples themselves. The crown does not own indians as subjects; viewed somewhat as colonial subjects but differentiated. Legal relationship is established between the crown and indigenous peoples. Must meet with indigenous people before surveyings a land.