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1991

Articles

Indigenous, Indian, and Aboriginal Law

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Full-Text Articles in Law

Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson Jul 1991

Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson

Articles

The United States and Canada share a common history in their policies toward and legal treatment of the Native Americans that historically have occupied both countries. The Royal Proclamation of 1763 established a policy of recognizing Aboriginal title and treating with Indians that was binding on the colonies that preceded both countries, and influenced both governments in later dealings with tribes. Assimilationist themes are evident as well in the national policy toward Indians in both countries. Nevertheless, historically and in the present, national policies and laws of the two governments can be contrasted. This Article sets forth a detailed comparison …