Editing Royal Proclamation of 1763 (section)

===Indigenous peoples===
{{further|topic=Canadian Aboriginal legacy|The Canadian Crown and Indigenous peoples}}
The Royal Proclamation continued to govern the cession of Indigenous land in [[British North America]], especially [[Upper Canada]] and [[Rupert's Land]]. Upper Canada created a platform for treaty-making based on the Royal Proclamation. After loyalists moved into land after Britain's defeat in the American Revolution, the first impetus was created out of necessity.<ref>{{cite book|last=Miller|first=J.R.|title=Compact, Contract, Covenant: Aboriginal Treaty-making in Canada|url=https://books.google.com/books?id=9v3HZDKUlG4C&pg=PA10|year=2009|publisher=University of Toronto Press|isbn=978-0-8020-9741-5|page=10}}</ref>

According to historian Colin Calloway, "scholars disagree on whether the proclamation recognized or undermined tribal sovereignty".{{sfnp|Calloway|2007|page=93}}

Some see the Royal Proclamation of 1763 as a "fundamental document" for First Nations land claims and [[self-government]].{{sfnp|Borrows|1997|p=155}} It is "the first legal recognition by the [[British Crown]] of [[Aboriginal rights]]"<ref>{{cite book |first1=Douglas R. |last1=Francis |first2=Richard |last2=Jones |first3=Donald B. |last3=Smith |title=Origins: Canadian History to Confederation |edition=6th |location=Toronto |publisher=Nelson Education |date=2009 |page=157}}</ref> and imposes a [[fiduciary]] duty of care on the Crown. The intent and promises made to the natives in the proclamation have been argued to be temporary, only meant to appease the Native peoples who were becoming increasingly resentful of "settler encroachments on their lands"{{sfnp|Francis|Jones|Smith|2009|p=156}} and were capable of becoming a serious threat to British colonial settlement.<ref>{{cite report |first=Jack |last=Stagg |title=Anglo-Indian Relations In North America to 1763 and An Analysis of the Royal Proclamation of 7 October 1763 |publisher=Indian and Northern Affairs Canada, Research Branch |date=1981 |page=356}}</ref>{{sfnp|Borrows|1997|pp=158–159}} Advice given by a [[Sir William Johnson, 1st Baronet|Sir William Johnson]], superintendent of Indian Affairs in North America, to the Board of Trade on 30 August 1764, expressed that:

{{blockquote|text=The Indians all know we cannot be a Match for them in the midst of an extensive woody Country ... from whence I infer that if we are determined to possess Our Posts, Trade & ca securely, it cannot be done for a Century by any other means than that of purchasing the favour of the numerous Indian inhabitants.<ref>Quoted in {{cite book|last=Clark|first=Bruce|title=Native Liberty, Crown Sovereignty: The Existing Aboriginal Right of Self-Government in Canada|url=https://books.google.com/books?id=Or3K_lcesb0C&pg=PA81|year=1990|publisher=McGill-Queen's University Press|isbn=978-0-7735-0767-8|page=81}}</ref>}}

Anishinaabe jurist [[John Borrows]] has written that "the Proclamation illustrates the British government's attempt to exercise sovereignty over First Nations while simultaneously trying to convince First Nations that they would remain separate from European settlers and have their jurisdiction preserved."{{sfnp|Borrows|1997|p=160}} Borrows further writes that the Royal Proclamation along with the subsequent [[Treaty of Fort Niagara|Treaty of Niagara]], provide for an argument that "discredits the claims of the Crown to exercise [[sovereignty]] over First Nations"{{sfnp|Borrows|1997|p=164}} and affirms Aboriginal "powers of [[self-determination]] in, among other things, allocating lands".{{sfnp|Borrows|1997|p=165}}