The Royal Proclamation and its approach to competing cultures.

• Author: Lannan, Brian
• Position: Royal Proclamation of 1763

The October 7, 1763 Royal Proclamation, as its 250th anniversary approaches, is justifiably hailed as the genesis of first peoples' singular, identified status within the Canadian constitutional structure. That core thesis, and the substantive provisions with respect to protection of first peoples' lands, despite a frequently perilous history, endure to the present day, and likely are more robust than has ever been the case in the past.

The Proclamation also dealt, of course, with Quebec, by then a cultural and political reality of more than two centuries' standing. The Proclamation's approach to this other cornerstone of the Canadian federation was decidedly different, and has experienced a different evolutionary history. "The several Nations or Tribes of Indians with whom We are connected, and who live under our Protection" were readily acknowledged to be of strategic importance, and thus were accorded a specific recognition and protection. On the other hand, Quebec (geographically defined, as roughly, the St. Lawrence River Valley) was generically lumped in with East Florida, West Florida, and Grenada, as a jurisdiction, for the interim, to have "Enjoyment of the Benefit of the laws of our Realm of England". It was ultimately destined for a governance structure in a model like that of the American colonies, with a legal framework "as near as may be agreeable to the Laws of England".

The Proclamation also dealt, of course, with Quebec, by then a cultural and political reality of more than two centuries' standing.

The Proclamation, dealing ostensibly with Quebec only as an undifferentiated geographic entity, must be read against a profoundly significant subtext: the August 13, 1763 commission to James Murray as Governor of Quebec, and, in particular, the instructions to him. Murray was enjoined to not overtly oppose Roman Catholicism (thus hewing to the letter, if not the spirit, of the Treaty of Paris), but to implement the "Test Oath", thus effectively barring Roman Catholics from public service office; and to promote conversion to the Church of England. The jurisdiction of Rome over the Roman Catholic Church of Quebec was abrogated, and French Canadian subjects were to be required to take an oath of loyalty to the English Crown, failing which they would be banished. So, in combination with the sweeping away of French civil and criminal law, two primary elements of Quebec as a distinct society and culture were subjected to direct...