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INST 203 - Unit 2, Section 3 with 100- correct answers 2025
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INST 203 - Unit 2, Section 3 with 100- correct answers 2025
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INST 203 - Unit 2, Section 3with 100% correct answers
2025
What is the significance of the Royal Proclamation of 1763 to treaties
made with Indian people? - answer -The Royal Proclamation is a
document that set out guidelines for European settlement of Aboriginal
territories in what is now North America.
-It explicitly states that Aboriginal title has existed and continues to exist,
and that all land would be considered Aboriginal land until ceded by
treaty. The Proclamation forbade settlers from claiming land from the
Aboriginal occupants, unless it has been first bought by the Crown and
then sold to the settlers. The Royal Proclamation further sets out that only
the Crown can buy land from First Nations.
-Most Indigenous and legal scholars recognize the Royal Proclamation as
an important first step toward the recognition of existing Aboriginal rights
and title, including the right to self-determination. In this regard, the
Royal Proclamation is sometimes called "the Indian Magna Carta." The
Royal Proclamation set a foundation for the process of establishing
treaties. For example, treaty-making typically involved presence of both
parties — the First Nation and the government, for there to be some form
of consent between the two, and for the First Nation to be compensated
for any lands or resources taken. However, the Royal Proclamation was
designed and written by British colonists without Aboriginal input, and
clearly establishes a monopoly over Aboriginal lands by the British Crown.
According to Opekokew, the treaties confirmed certain principles and
guaranteed certain rights in perpetuity. Outline and discuss five of these
principles and rights. - answer Indian people entered into a political
arrangement with the Crown so that they could live as Indian people
forever; that is, to retain their inherent powers. That guarantee is made
by a commissioner, What I have offered does not take away your way of
life, you will have it then as you have it now, and what l offer is put on top
of it. The treaties that were signed by our forefathers confirmed the
following principles and guaranteed the following rights in perpetuity:
,1. The Indian nations retained sovereignty over their people, lands, and
resources, both on and off the reserves, subject to some shared
jurisdiction with the appropriate government bodies on the lands known
as unoccupied Crown lands. This is the foundation of Indian government.
2. By signing the treaties, the Indian nations created an ongoing
relationship with the Crown in Indian social and economic development in
exchange for lands surrendered.
3. The Indian nations established tax revenue sharing between the Crown
and the Indian nations.
4. The Indian nations established a political protocol for annual reviews of
the progress of the treaties.
5. The Indians' interpretation of the treaties will supersede all other
interpretations. The written treaties do not correspond with the spirit and
intent of the treaties as understood by Indian people. There is a disparity,
a significant. difference between the meaning of treaty as understood
from a plain reading of the text of any of the treaties and what Indian
persons say it means.
Indian people have argued in litigation that the federal government has
not lived up to its legal and moral responsibilities in the implementation of
the treaties made with Indian people. Identify and describe key examples
of outright breaches of the federal government's treaty obligations.
(Opekokew) - answer The breaches of the treaty obligations on the part
of the Canadian government started with their exclusion of certain of their
oral promises from the written portions of the treaties. The principles of
the treaties as understood by Indians were not expressly included in the
written portions of the treaties. The Indian people did not consider it
necessary to ensure that these obligations be in writing because their
culture operated on the premise that the oral promise is as binding as the
written word. At that time Indian people did not read or write the English
language, the language for all documentation. Because of the lack of
proper written representation of the promises exchanged, it can be seen
that the treaties provide an inequitable consideration for the lands ceded.
, There have been other outright breaches of the treaties including:
1. The treaties required that all future dealings with Indian nations be
based on the spirit and intent of the treaties, and required that those
treaties supersede all future legislation and government policies affecting
Indian people. That principle has been totally disregarded.
2. The Government of Canada does not regard treaties as being supreme
and in fact has passed legislation, including the Indian Act, to supersede
them. It is acknowledged that the federal government has exclusive
responsibility to legislate in regard to Indians and their lands pursuant to
the British North America Act, s.91(24), but that power to legislate should
be subject to the treaties and therefore should recognize Indian term
Government.
3. The Canadian courts have interpreted the treaties as being mere
promises and have taken the position that the Canadian government,
being supreme, may legislate in breach of those treaties.
Indian people have argued in litigation that the federal government has
not lived up to its legal and moral responsibilities in the implementation of
the treaties made with Indian people. Identify and describe key examples
of outright breaches of the federal government's treaty obligations.
(Opekokew) - answer 4. The Indian Act has been used as a vehicle to
control Indian Government, contrary to the spirit and intent of the
treaties.
5. Even those promises expressly included in the written treaties have
been breached:
a. Indian reserve lands are subject to expropriation laws;
b. The right to hunt, fish, trap, and gather has been limited by recent
legislation;
c. Certain clauses such as the "medicine chest clause" have been
interpreted wrongly so that the total health and medical coverage
envisaged by the Indians has been limited in some cases;
d. Social and economic benefits have not been forthcoming.
Other terms and conditions of the treaties which have been undermined
and ignored include the following:
-Detribalization: Indian people believed that their right to choose their
own leaders would not be undermined by the treaties. However, provisions
of the Indian Act which authorized the Canadian Cabinet to remove chiefs
and headmen from office
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