Keewatin v. Minister of Natural Resources

Part 4. Euro-Canadian History 1758-1871 13which, not having been ceded to or purchased by Us as aforesaid, are reserved to the said Indians, orany of them.And We do further declare it to be Our Royal Will and Pleasure, for the present as aforesaid, toreserve under our Sovereignty, Protection, and Dominion, for the use of the said Indians, all theLands and Territories not included within the Limits of Our said Three new Governments, or withinthe Limits of the Territory granted to the Hudson's Bay Company, as also all the Lands andTerritories lying to the Westward of the Sources of the Rivers which fall into the Sea from the Westand North West as aforesaid.And We do hereby strictly forbid, on Pain of our Displeasure, all our loving Subjects from makingany Purchases or Settlements whatever, or taking Possession of any of the Lands above reserved,without our especial leave and Licence for that Purpose first obtainedAnd We do further strictly enjoin and require all Persons whatever who have either wilfully orinadvertently seated themselves upon any Lands within the Countries above described or upon anyother Lands which, not having been ceded to or purchased by Us, are still reserved to the said Indiansas aforesaid, forthwith to remove themselves from such Settlements.2011 ONSC 4801 (CanLII)And whereas Great Frauds and abuses have been committed in purchasing lands of the Indians, to thegreat prejudice of our interests, and to the great dissatisfaction of the said Indians; In order, therefore,to prevent such irregularities for the future, and to the End that the Indians may be convinced of ourjustice and determined resolution to remove all reasonable cause of discontent, we do, with the adviceof our Privy Council strictly enjoin and require, that no private person do presume to make anypurchase from the said Indians of any Lands reserved to the said Indians, within those parts of ourColonies where, we have thought proper to allow settlement; but that, if at any Time any of the saidIndians should be inclined to dispose of the said Lands, the same shall be purchased only for us, inour name, at some public meeting or assembly of the said Indians, to be held for the purpose by theGovernor or Commander in Chief of our Colonies respectively within which they shall lie.[Emphasis added.][85] Superintendent Johnson read the Proclamation to the collected Indians at Fort Niagara inAugust of 1764, setting out that the lands reserved to them as their hunting grounds would beprotected from occupation by private persons.[86] The procedures to be followed were fleshed out in subsequent Orders, notably LordDorchester's Instructions dated December 24, 1794, directing that treaty negotiations must beheld in public with "great solemnity and ceremony" according to the customs of the Indians; thatthe Crown would be represented by the Imperial Department of Indian Affairs; an interpreterwould be present; deeds of conveyance including a description of the lands being surrenderedand other terms would be signed, witnessed and provided to all parties; and payments would bedelivered "with the greatest possible notoriety."[87] In summary, the elements of Imperial Indian Affairs management were: (1) exclusiveImperial jurisdiction in the colonies – conciliatory activities of the Indian Department, includingdiplomatic attention to tribal concerns; distribution of presents; negotiation of treaties; and,where treaties had been made, payment of annuities and protection of reserves; (2) exclusion ofcolonial governments from involvement in Indian Affairs; and (3) respect for tribal selfgovernment.