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Articles

Vol. 16 No. 1 (2024): The Marshall Decisions and New Brunswick Twenty-Five Years Later.

“Under the Same Laws and for the Same Rights and Liberties”—Territory, Law, and Reconciliation under the 1760-1761 Treaties

  • Alex Cameron
Submitted
August 31, 2024
Published
2024-09-13

Abstract

The “land acknowledgments” that have become fashionable in Maritime institutions in recent years reflect an ideology of historical grievance, suggesting that non-native presence on “unceded” native territory is unlawful. Are they defensible? This paper argues that a better understanding of our colonial past is required. The Peace and Friendship Treaties of 1760–1761 reflect laudable and inspiring achievements. Native people were to be equals, “under the same laws and for the same rights and liberties.” Land ownership was reconciled; the “Territories of Nova Scotia or Accadia” were ceded to the Crown and the treaties contemplated both non-native settlement and protection of discrete native lands. Aboriginal title in the Maritimes is distinctive under treaties that govern native title “under the same laws” as non-native title.