1763
King George III of England issued a royal proclamation to organize his newly acquired lands.
The Royal Proclamation referred to lands belonging to the Indians. Only a representative of the British Crown had the right to purchase these lands from them, in the name of the sovereign, at a public assembly.
The Royal Proclamation of 1763
Photo: Library and Archives Canada
1867
The Constitution Act provided that "Indians, and the lands reserved for the Indians" fall under federal, not provincial jurisdiction.
The Fathers of Confederation
Illustration: Library and Archives Canada
1876
The first Indian Act is enacted. This act was designed to implement the band council system, replacing traditional governance systems. The department of Indian Affairs exercised almost complete control over all aspects of aboriginal life.
Offices of the Innu Band Council in Natuashish, Labrador
Photo: Andrew Vaughan/Canadian Press
1969
The federal government tabled a White Paper indicating its intention to repeal the Indian Act and eliminate separate legal status for native people. The government wanted to transfer its responsibilities for Indian Affairs to the provinces. Aboriginal leaders denounced the paper, qualifying it as assimilationist, and demanded that these jurisdictions be instead transferred to them.
Statement of the Government of Canada on Indian Policy (The White Paper, 1969) »
Wahbung : Response of the Indian tribes of Manitoba to the White Paper »
Citizen Plus : Response of the Indian Chiefs of Alberta to the White Paper »
Chrétien, then Minister of Indian Affairs, explains the aims of the White Paper.
Photo: Peter Bregg/Canadian Press
1973
The Calder case, which went all the way to the Supreme Court, established that aboriginal people have title to the land they have occupied as an organized society since time immemorial. As a result of this judgment, Canada implemented an aboriginal land claims policy.
Nisga'a Chief Frank Calder, also a member of the Legislative Assembly of British Columbia, after the judgment bearing his name was handed down
Photo: Chuck Mitchell/Canadian Press
1982
Section 35 of The Constitution Act recognizes the aboriginal and treaty rights of the Aboriginal Peoples of Canada.
The Canadian Charter of Rights and Freedoms also recognizes aboriginal rights, notably those set out in the Royal Proclamation of 1763.
Queen Elizabeth II signs the Constitution Act with Prime Minister Pierre Elliott Trudeau looking on.
Photo: Ron Poling/Canadian Press
1990
In the Sparrow judgment, the Supreme Court recognized that aboriginal people have the right to carry out certain subsistence activities (hunting, fishing, gathering, etc.) and that this right takes priority over the interests of other user groups. The government can, however, regulate these activities, for example, for conservation purposes.
A Mi’kmaq lobster fisherman
Photo: Andrew Vaughan/Canadian Press
1997
In the Delgamuukw judgment, the Supreme Court ruled that in certain cases, a First Nation can hold collective title to land. This right ensues from their continued occupation of the land before and after contact with the Europeans. Aboriginal title confers certain exclusive rights (e.g., hunting and fishing) to the First Nation on the land. The Delgamuukw judgment also recognized the validity of oral histories as evidence.
The Gitxsan people of British Columbia, whose rights were the focus of the Delgamuukw judgment, celebrate the recognition of their ancestral rights by the Supreme Court.
Photo: Chuck Stoody/Canadian Press
2004
Two Supreme Court judgments ruled that the federal and provincial governments must consult with aboriginal people and take into account their concerns regarding development projects that could undermine their ancestral rights, even when these rights have not yet been defined or proven. The judgments stated that meaningful consultations must be held, but that there is no duty to reach an agreement.
The Taku River Tlingit judgment »
A young Haida man participates in a demonstration in Vancouver to celebrate his people’s victory before the Supreme Court.
Photo: Canadian Press
2010
Canada endorses the United Nations Declaration on the Rights of Indigenous Peoples, which it had opposed since its adoption in 2007.
United Nations Declaration on the Rights of Indigenous Peoples »
John Duncan, Minister of Indian Affairs and Northern Development
Photo: Tim Krochak/Canadian Press
Map: Land claims across Canada
Slideshows: Community case studies
