Monarchy still has a place in modern world

First Nations have special relationship to the Crown

The royal wedding and all the pomp and circumstance that is afforded to a rather average couple whose only claim to fame is by accident of birth has once again raised the question of the monarchy and its relevance in the modern world.

Anyone who has been to Britain can’t help but notice that the country is steeped in tradition and has a long history of empire and conquest. It becomes a little tedious, but I agree with

René Lévesque, who once said that the British were very nice people, in their own country.

When we speak of the monarchy we must look at the institution and the important role it plays in the affairs of governance. First Nations especially have an important relationship with the Crown that is historical, and it defines and supports our rights as the original inhabitants of this land.

The Royal Proclamation of 1763 is the equivalent of the Bill of Rights for First Nations. The proclamation recognizes the First Nations’ ownership of the land and the rights of the First Nations to govern themselves and enter into treaty agreements with the Crown.

The treaties, the responsibility of the federal government as outlined in the British North America Act and the recognition of treaty and Aboriginal rights as stated in the Canadian constitution, all flowed from this important proclamation. It has never been repealed and remains in force, serving as a foundation that supports our relationship with the Crown.

The treaties were negotiated and signed with the Queen’s representative; Queen Victoria’s image is on one side of the treaty medal. Because of the loyalty granted Queen Victoria by our ancestors, they became subjects of the British Empire and our presence on the plains coupled with the British flag that flew above the chief ’s lodge guaranteed Canadian sovereignty over the Great Plains at a time when Canada’s claim was tenuous and the Americans wanted to claim North America to the 55th parallel.

The importance of the monarchy in Canadian law lies in the “honour of the Crown.” The honour of the Crown is interpreted to mean that if something is done in the name of the Crown it must be fair and not shame the monarch or bring him or her into disrepute.

Therefore, since the treaties were written by the Crown’s representatives and the First Nations leaders who signed the treaties were unable to read and write in the English language, ambiguity in the interpretation of the treaties must be interpreted in favour of the First Nations. This is necessary to protect the honour of the Crown.

This important principle has been repeated in decisions of the Supreme Court, which has stated the guiding principles in the interpretation of Treaty rights. The treaties are to be given fair, liberal and generous interpretation and any ambiguity is to be resolved in favour of the Aboriginal party.

Today, the Queen rules as a constitutional monarch with no real political power. Her role is ceremonial and she or the Governor General in Canada are the head of state. In the United States, the President serves both roles and is both the President of the republic and the head of state. In Canada the roles are separate, and the head of state is a ceremonial role held by an appointed individual who does not have a political role. This provides continuity and a politically neutral figure to represent all the citizens.

Because of the First Nations’ special relationship with the Crown, First Nations are usually included on any royal itinerary when the Queen or one of the royal family visits Canada.

Also, First Nations leaders will request the presence of the Governor General or the Lieutenant-governor for special occasions. For example, when Chief Theresa Spence held a hunger strike to protest the conditions in her community, she demanded that the Governor General be included in any meetings. The government refused but the Governor General met with her and other chiefs at his residence.

This was to stress the importance of the relationship with the Crown, although it was widely misunderstood at the time.

The monarchy still plays an important ceremonial and historical role for the First Nations of Canada, and for us it remains as relevant as ever.