Canadian Criminal Court Jurisdiction Relative to Unceded Indian Territory
1. Abstract The Indian part of the Royal Proclamation of 1763 (Revised Statutes Canada 1985, Appendix II, No. 1) consolidates previously established British North American common law. For constitutional law purposes, the proclamation recognizes and affirms two territorial jurisdictions, pursuant to the British Crown’s claim of continental sovereignty. First, is the continuity of the territorial jurisdiction of the “several Nations or Tribes.” Under the proclamation, all land presumptively is occupied and claimed by them.