Annotation
After the Seven Years' War was over, Britain controlled all of North America east of the Mississippi. Settlers from the Thirteen Colonies were anxious to move into the Ohio Valley now that it was free of French influence, but the lands were still in the possession of Indian Nations who were rightly suspicious of 'Yankee' motives and resented their intrusion. Pontiac's Rebellion along the frontier began in August of 1763.At the same time, Britain was moving to consolidate its gains and implement governing structures. The new territories would be organized into four areas: Quebec, East Florida, West Florida and the island of Grenada. This is set out in the opening paragraphs of the Proclamation, and details of their governance and settlement in later sections.
The lands west of the Appalachian height of land were "reserved" to the Indians as their Hunting Grounds. They were not included in any colony, and colonists were expressly forbidden to enter into land negotiations with the Indians -- because of "great Frauds and Abuses" -- and the Crown reserved to itself the exclusive right to negotiate cessions of Indian title. At the same time, settlement was forbidden. While the Indian Nations governed the Proclamation Territory under their own laws, the Crown also directed that non-Aboriginal fugitives from justice could be pursued and taken within Indian lands. In Canada, the Proclamation is the basis of our understanding of the legal nature of Indian title and an historical root of the treaty process. Its provisions underlie the surrenders and designations of reserve land which still take place pursuant to the Indian Act.
In practice, the Proclamation failed to stifle expansionist ambitions in the Thirteen Colonies. The Crown used the Quebec Act, 1774 as a device to re-assert its control within the Proclamation lands by extending the former boundaries of Quebec down to the Ohio River near what is now Pittsburgh, then down the Ohio the Mississippi and north to Rupert's Land. This was one of the complaints advanced by the colonists two years later in their Declaration of Independence. Historical events subsequently excluded much of the Proclamation territory from British control and from Canada, but it is still relevant to the development of Canadian law. The Proclamation is not formally part of the Constitution of Canada, but it is referred to in section 25 of the Canadian Charter of Rights and Freedoms.
The headings included in the text below are for convenience; they are not part of the original text. It should also be noted that the map is also a reference tool. It is not an official map and the courts have since applied the Proclamation to areas not shown on it as "Indian Territory". The full extent of the territorial application of the Proclamation in Canada is still subject to dispute and there is little doubt that its reach as a foundation of our Aboriginal law is much broader.



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