It is generally assumed in Canada that native liberty and crown sovereignty are antagonistic and mutually exclusive forces. In this penetrating study, Bruce Clark shows that they are in fact complementary. The British government exercised its sovereignty in the eighteenth century in order to protect the liberty of the natives of Canada to continue governing themselves. Clark argues that this recognition continues to bind federal and provincial governments constitutionally, even though these governments habitually flout the law in practice.

The cornerstone of Clark's argument is the 1763 Royal Proclamation which forbade non-natives under British authority to molest or disturb any tribe or tribal territory in British North America. Clark contends that this proclamation had legislative force and that, since imperial law on this matter has never been repealed, the right to self-government continues to exist for Canadian natives.

It is generally assumed in Canada that native liberty and crown sovereignty are antagonistic and mutually exclusive forces. In this penetrating study, Bruce Clark shows that they are in fact complementary. The British government exercised its sovereignty in the eighteenth century in order to protect the liberty of the natives of Canada to continue governing themselves. Clark argues that this recognition continues to bind federal and provincial governments constitutionally, even though these governments habitually flout the law in practice."Native Liberty, Crown Sovereignty is the most important and meticulous recent study of native rights in the common law." James Tully, Canadian Journal of Political Science. "This book will have a major impact upon the field, upon public policy, and upon aboriginal rights and constitutional reform ... The research is exhaustive, the sources comprehensive, and the reasoning and scholarship sound." David C. Hawkes, School of Public Administration, Carleton University. "Native Liberty, Crown Sovereignty makes a significant contribution to the field of Indian law scholarship in Canada ... extraordinarily thorough research." Richard B. Collins, School of Law, University of Colorado.

In memory of Bruce G. Trigger

Series editors: John Borrows and Arthur J. Ray

The McGill-Queen’s Indigenous and Northern Studies series publishes books about Indigenous peoples in all parts of the northern world. It includes original scholarship on their histories, archaeology, laws, cultures, governance, and traditions. Works in the series also explore the history and geography of the North, where travel, the natural environment, and the relationship to land continue to shape life in particular and important ways. Its mandate is to advance understanding of the political, legal, and social relations between Indigenous and non-Indigenous peoples, of the contemporary issues that Indigenous peoples face as a result of environmental and economic change, and of social justice, including the work of reconciliation in Canada. To provide a global perspective, the series welcomes books on regions and communities from across the Arctic and Subarctic circumpolar zones.

CA