[T]he US government no less than the government of Canada is required to obtain the consent of the Indian nations’ before assuming jurisdiction to invade, occupy and govern the yet unceded Indian national territories.
– Bruce Clark, Ongoing Genocide caused by Judicial Suppression of the “Existing” Aboriginal Rights (2018), p 25-26
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.
The first principle of the rule of law in a constitutional democracy is constitutional supremacy: when in conflict with federal or provincial legislation constitutional legislation is paramount and the other legislation is void.
Most determinatively section 109 of the Constitution Act, 1867, enacts that provincial Crown land remains subject to the Indian interest in such land as remains unceded by the Indians to the Crown, by nation-to-nation treaty.
Section 91(24) of the Canadian Constitution Act, 1867, allots to the federal level of government the trust of “Protection” confirmed by King George the Third in the Royal Proclamation of 1763:
I was a practicing lawyer for 28 years before being imprisoned in 1997 for 3 months for “criminal contempt of court.” In 1999 I was disbarred on the ground this particular conviction of a “crime” was so heinous, as to amount to “conduct unbecoming,” justifying that most extreme of available punishments.
The Regina Leader Post on July 3, 2014, published an article under the headline “African Leaders Award Themselves Immunity from Court of Justice”:
By the year 1897 the constitutional law was settled in Canada based upon the interpretation in the Judicial Committee of the Privy Council of section 109 of the Constitution Act, 1867.
