The association between the monarchy of Canada and Indigenous peoples in Canada began with the first interactions between North American Indigenous peoples and European colonialists and, over centuries of interface, treaties were established concerning the monarch and Indigenous nations. First Nations, Inuit, and Métis peoples in Canada have a unique relationship with the reigning monarch and, like the Māori and the Treaty of Waitangi in New Zealand, generally view the affiliation as being not between them and the ever-changing Cabinet, but instead with the continuous Crown of Canada, as embodied in the reigning sovereign.
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.
History
French and British crowns
Explorers commissioned by French and English monarchs made contact with Indigenous peoples in North America in the late 15th and early 16th centuries. These interactions were generally peaceful—the agents of each sovereign seeking alliances with Indigenous leaders in wresting territories away from the other monarch—and the partnerships were typically secured through treaties. The Iroquois were among the first to do so, forming the Two Row Wampum Treaty with the Dutch Crown in 1613, which, after the English took New Netherland in 1674, formed the basis of the Covenant Chain of agreements with the English Crown, begun in 1676.
However, the English also used friendly gestures as a vehicle for establishing Crown dealings with Indigenous peoples, while simultaneously expanding their colonial domain: as fur traders and outposts of the Hudson's Bay Company (HBC), a crown corporation founded in 1670, spread westward across the continent, they introduced the concept of a just, paternal monarch to "guide and animate their exertions", to inspire loyalty, and promote peaceful relations. During the fur trade, before the British Crown was considering permanent settlement, marital alliances between traders and Indigenous women were a form of alliance between Indigenous peoples and the Crown. When a land settlement was being planned by the Crown, treaties become the more official and permanent form of relations.Van Kirk, Sylvia. "The Role of Native Women in the Fur Trade Society of Western Canada, 1670–1830." Frontiers: A Journal of Women Studies (1984): 9–13. They also brought with them images of the English monarch, such as the medal that bore the effigy of King Charles II (founder of the HBC) and which was presented to native chiefs as a mark of distinction; these medallions were passed down through the generations of the chiefs' descendants and those who wore them received particular honour and recognition at HBC posts.
The Great Peace of Montreal was in 1701 signed by the Governor of New France, representing King Louis XIV, and the chiefs of 39 First Nations. Then, in 1710, Indigenous leaders were visiting personally with the British monarch; in that year, Queen Anne held an audience at St. James' Palace with three Mohawk—Sa Ga Yeath Qua Pieth Tow of the Bear Clan (called Peter Brant, King of Maguas), Ho Nee Yeath Taw No Row of the Wolf Clan (called King John of Canojaharie), and Tee Yee Ho Ga Row, or "Double Life", of the Wolf Clan (called King Hendrick Peters)—and one Mahican Chief—Etow Oh Koam of the Turtle Clan (called Emperor of the Six Nations). The four, dubbed the Four Mohawk Kings, were received in London as diplomats, being transported through the streets in royal carriages and visiting the Tower of London and St. Paul's Cathedral. But, their business was to request military aid for defence against the French, as well as missionaries for spiritual guidance. The latter request was passed by Anne to the Archbishop of Canterbury, Thomas Tenison, and a chapel was eventually built in 1711 at Fort Hunter, near present-day Johnstown, New York, along with the gift of a reed organ and a set of silver chalices in 1712.
Both British and French monarchs viewed their lands in North America as being held by them in totality, including those occupied by First Nations. Typically, the treaties established delineations between territory reserved for colonial settlement and that distinctly for use by Indigenous peoples. The French kings, though they did not admit claims by Indigenous peoples to lands in New France, granted the natives reserves for their exclusive use; for instance, from 1716 onwards, land north and west of the manorials on the St. Lawrence River were designated as the pays d'enhaut (upper country), or "Indian country", and were forbidden to settlement and clearing of land without the expressed authorisation of the King. The same was done by the kings of Great Britain; for example, the Friendship Treaty of 1725, which ended Dummer's War, established a relationship between King George III and the "Maeganumbe ... tribes Inhabiting His Majesty's Territories" in exchange for the guarantee that the indigenous people "not be molested in their persons ... by His Majesty's subjects". The British contended that the Treaty gave them title to Nova Scotia and Acadia, while Acadians and the Mi'kmaq opposed further British settlement in the territory. The Mi'kmaq would later make peace with the British at the signing of the Halifax Treaties.