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Monarchy of Canada and the Indigenous peoples of Canada

Association between the Canadian Crown and the Indigenous peoples of Canada

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Through Europe, Treaty and North America

These agreements with the Crown are administered by Canadian Aboriginal law, overseen by the minister of Crown–Indigenous relations, and expressed through numerous meetings and ceremonies, as well as exchanges of gifts and honours, involving Indigenous leaders, the monarch, viceroy or viceroys, and other members of the Canadian royal family.

Relations

The association between Indigenous peoples in Canada and the Canadian Crown is both statutory and traditional, the treaties being seen by the first peoples both as legal contracts and as perpetual and personal promises by successive reigning kings and queens to protect the welfare of Indigenous peoples, define their rights, and reconcile their sovereignty with that of the monarch in Canada. This was reinforced by the Supreme Court's ruling in Guerin v the Queen in 1985. The agreements are formed with the Crown, not the government, because the monarchy is thought to have inherent stability and continuity, as opposed to the transitory nature of populist whims that rule the political government, meaning the link between monarch and Indigenous peoples in Canada will theoretically last for "as long as the sun shines, grass grows, and rivers flow".

The relationship has thus been described as mutual—"cooperation will be a cornerstone for partnership between Canada and First Nations, wherein Canada is the short-form reference to Her Majesty the Queen in Right of Canada"—and "special", having a strong sense of "kinship" and possessing familial aspects. Constitutional scholars have observed that First Nations are "strongly supportive of the monarchy", even if not necessarily regarding the monarch as supreme. The nature of the legal interaction between Canadian sovereign and First Nations has similarly not always been supported.

Definition

While treaties were signed between European monarchs and First Nations in North America as far back as 1676, the only ones that survived the American Revolution are those in Canada, which date to the beginning of the 18th century. Today, the main guide for relations between the monarchy and Canadian First Nations is King George III's Royal Proclamation of 1763. Though not a treaty, it is regarded by First Nations as their Magna Carta or "Indian Bill of Rights", binding on not only the British Crown, but, the Canadian one, as well, as the document remains a part of the Canadian constitution. The proclamation set parts of the King's North American realm aside for colonists and reserved others for the First Nations, thereby affirming native title to their lands and making clear that, under the sovereignty of the Crown, the Aboriginal bands were autonomous political units in a "nation-to-nation" association with non-native governments, with the monarch as the intermediary.

This created a "constitutional and moral basis of alliance" between Indigenous Canadians and the Canadian state as personified in the monarch, as affirmed in Sparrow v. The Queen, meaning that the "honour of the Crown" is at stake in dealings between it and First Nations leaders. The Crown's governmental representatives therefore must act in good faith in matters relating to Indigenous peoples, predominantly via a duty to consult and accommodate whenever Indigenous peoples' rights and interests might be involved. The duty derives "from the Crown's assertion of sovereignty in the face of prior Aboriginal occupation" and is "not a mere incantation, but, rather, a core precept that finds its application in concrete practices", and "cannot be interpreted narrowly or technically".

Given the "divided" nature of the Crown, the sovereign may be party to relations with Indigenous Canadians distinctly within a provincial jurisdiction. This has, at times, led to a lack of clarity regarding which of the monarch's jurisdictions should administer his or her duties towards Indigenous peoples.

Lieutenant Governor of British Columbia Judith Guichon put a strong focus on the interaction of the Crown with Indigenous peoples, which she believed needs to be defined by "respect, relationships, and responsibility," and stating that the Canadian Crown is central to the treaty relationship. Guichon also drew a parallel between monarchy and Indigenous culture, elaborating, "monarchs have a role somewhat like hereditary chiefs and elders in the First Nations communities. The monarch in our constitutional monarchy represents sober second thought and wisdom, not the next political cycle, but, rather, enduring truths and the historical evolution of our nation through generations."

Expressions

Wampum belts were made to mark agreements with the Crown, "serving as important records of an understanding between parties." In 2019, Queen Elizabeth II was given a replica of the Two Row Wampum (Kaswentha), which symbolized an agreement between the Iroquois and representatives of the Dutch Crown in 1613, which formed the foundation of the Covenant Chain of later treaties with the English Crown. The parallel rows of purple beads "represent two groups living in harmony—each following their own path, without forcing their customs or laws on one another."

From time to time, the link between the Crown and Indigenous peoples will be symbolically expressed, through pow-wows or other types of ceremony held to mark the anniversary of a particular treaty—sometimes with the participation of the monarch, another member of the Canadian royal family, or one of the sovereign's representatives—or simply an occasion mounted to coincide with the presence of a member of the royal family on a royal tour, Indigenous peoples having always been a part of such tours of Canada. Gifts have been frequently exchanged and titles have been bestowed upon royal and viceregal figures since the early days of Indigenous contact with the Crown.

Since as early as 1710, Indigenous leaders have met to discuss treaty business with royal family members or viceroys in private audience and many continue to use their connection to the Crown to further their political aims. The above-mentioned pageants and celebrations have, for instance, been employed as a public platform on which to present complaints to the monarch or other members of the royal family. It has been said that Aboriginal people in Canada appreciate their ability to do this witnessed by both national and international cameras.

King Charles III, when Prince of Wales, made Chief Perry Bellegarde an advisor on the development of Charles' Sustainable Markets Initiative, which Bellegarde stated in 2023, "has shown that he is prepared to listen to and learn from Indigenous peoples" and that the King had incorporated Indigenous knowledge systems and rights into his efforts to partner industry, technology, and government together to combat climate change.

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