The jurisprudence just reviewed establishes a number of propositions that touch on the issues that arise:
There is a duty upon the Crown to consult with Indigenous people respecting the use of the land subject to a land claim where the Crown has knowledge of the existence of an Indigenous claim of right or title to the land if the contemplated use by the Crown might adversely affect the claim.
* Radical or underlying Crown title is subject to Indigenous land interests.
* Indigenous title gives the Indigenous group the right to use and control the land and enjoy its benefits.
* The Crown’s fiduciary duty to the Indigenous.
* Resource development on claimed land to which title has not been established requires the government to consult with the claimant Indigenous.
* Governments are under a legal duty to negotiate in good faith to resolve claims to ancestral lands.
1764 Treaty of Fort Niagara Wampum Belts
The Jay Treaty, also known as the Treaty of Amity, Commerce and Navigation of 1794
- guaranteed the right to trade and travel between the United States and Canada, which was then a territory of Great Britain. This right is recognized in Article III
The 1850 Robinson-Huron Treaty, signed on September 9th, 1850,
- long-standing breach of the Robinson-Huron Treaty and a breach of fiduciary obligation on the part of the Crown.
The 1764 Treaty of Fort Niagara was signed by Sir William Johnson for the Crown and 24 Nations from the Six Nations, Seneca, Wyandot of Detroit, Menominee, Algonquin, Nipissing, Ojibwa, Mississaugas, and others who were part of the Seven Nations of Canada and the Western Lakes Confederacy. The Treaty was concluded on August 1, 1764.
- This Treaty is significant as it reaffirmed the political foundation for the Covenant Chain Relations between Great Britain and the Indigenous Nations of the Great Lakes and Northeastern Woodlands. It also gauranteed the Indigenous Nations of an annual flow of goods and presents to ensure that the ongoing treaty was still valid. At the 1764 gathering were at least 24 Native Nations including the Seneca, Cayuga, Onondaga, Oneida, Mohawk, and Tuscarora of the Haudenosaunee Confederacy; Akwesasne, Kahnawake, Kahnasatake, and others of the Seven Nations of Canada; Wyandot of Detroit; Algonquin, Nipissing, Mississauga, Odawa, Ojibway and other Anishinaabe Nations; Menominee, and others who were part of the Western Lakes Confederacy.“The 1764 Treaty was an important turning point in relationships between the Indigenous Nations that participated as it was a way of renewing their treaty relationship with each other, and refreshing the pledges made with the ancient Dish With One Spoon Treaty whereby the Indigenous Nations agreed to share the bounty provide by the Mother Earth,”