Government Policy towards First Nations – Pre Charter c
Sources of crown title – obligations
Royal Proclamation 1703 – recognized sovereignty of native peoples
After 1791 there is the new constitution and a wave of white American loyalist settlers that feel entitled for compensation of their loses, and don’t care that
their virgin land may be populated. They wanted the right to claim what they needed and expand and did not care whom they moved out to claim it.
Impact war 1812 – still had the fur trade that protects natives because they were essential part of it and people didn’t want to threaten that. The british had
promised that if natives helped them win the war they would create a independent native land and they did have impact and helped Canada from having the
Americans taking over. British abandoned their claim with the natives and made friends with the Americans. The natives were forced to flee and move from
American territory. By this point the fur trade has moved more east. All of the issues that protected and made first nations valuable and made british need them
were no longer of value and they weren’t taken seriously and they abandoned them.
By the late 1820’s it was thought that they aboriginals would die out and they actually managed to build their population again by 1900. There were very little of
them and they were weak and poor so the government didn’t really care about them.
From being a powerful group they were known as weak, stupid, uncivilized society that needed protection.
Settler Government v Crown (British) Policy – policies were made that were coercive and forced aboriginals into their white, anglosaxen
1836 Crown Lands Protection Act – If aboriginals were living on land that the government needed they were forced to move.
1837 – Increasing control to local legislation – they decided the legislation and aboriginals had no influence.
1850 – act for the protection of lands and property – the government decided what group and land that aboriginals belonged to. They decided
their citizenships whether they were Canadians or Indians. They realized the aboriginal land had a lot of resources and minerals and they decided that they
needed more access to this area.
1857 – Act to encourage gradual civilization of Indian tribes – this was the idea that you would assimilate into white population and give up
native lifestyle and if you did this you are a citizen and able to vote. But you would not be an aboriginal anymore and not entitled to any of their payments or
entitlements. The goal was to encourage all of them to be civilized and eliminate the category of Indian or native and have no distinctions. One man that was in
charge of all aboriginal people which the government could also influence. The colonial legislatures had control over all land and affairs the federal government
was given control of aboriginal welfare and people. Crown land was under provincial control so the aboriginal land was controlled by province and their welfare
controlled federally. Upper Canada created a department of Indian Affairs.
1860 – Indian Lands Act
Canada 1869 – Act for gradual enfranchisement of Indians the federal governments idea of eliminating the problem by ensuring there are no
natives left. If you went to university, entered law or politics, or a woman that married a non native all lost their native rights and were assimilated into Canadian
citizenship. They were excluded from the community, and the remaining aboriginal community were just aboriginals that were not assimilated and not accepted
by Canadian society they continued to live the same lifestyles and did not assimilate.
1867 – BNA – Natives ad native welfare = federal crown land – provincial – the government having control over the aboriginals was not
to protected them but to decide who can exploit their resources. The decision about the territory control of north western Ontario and Manitoba being controlled
by federal or provincial government was a concern for aboriginals because John A Macdonald started selling lumber licenses of land to people and this land
was controlled by the federal government. But the provincial government said that these licenses are provincial and they are in control. But federal stated that it
was aboriginals welfare and they had control. The treaty that they made extinguished native title and the natives retain full control over the land until the treaty
was made and solved. When they surrendered their land to the federal government they surrendered all the land and power. St. Catherines Milling and Lumber v the Queen – 1888 Mowet argued that natives had no title to the land and according to 1763 they lost
all title and the british had control over all land and the native population had no legal system asserting their rights or proved ownerships because they didn’t
have survey, titles, etc. they may have moral title because they lived on the land for a long time, they have the right to stay on it but they don’t have ownership.
Natives have the right of use only