1. British Columbian, 1 June 1864.
2. See Brian Slattery, “The Land Rights of Indigenous Canadian Peoples, as Affected by the Crown’s Acquisition of Their Territories” (PhD diss., University of Oxford, 1979); L.C. Green and Olive P. Dickason, The Law of Nations and the New World (Edmonton: University of Alberta Press, 1989); Jill St Germain, Indian Treaty-Making Policy in the United States and Canada, 1867–1877 (Toronto: University of Toronto Press, 2001); John P.S. McLaren, A.R. Buck, and Nancy E. Wright, eds. Despotic Dominion: Property Rights in British Settler Societies (Vancouver: ubc Press, 2005); Stuart Banner, How the Indians Lost Their Land: Law and Power on the Frontier (Cambridge, uk: Belknap Press, 2005); Jeremie Gilbert, Indigenous Peoples’ Land Rights under International Law: From Victims to Actors (Ardsley, ny: Transnational Publishers, 2006); Stuart Banner, Possessing the Pacific: Land, Settlers, and Indigenous Peoples from Australia to Alaska (Cambridge, ma: Harvard University Press, 2007); David McNab, No Place for Fairness: Indigenous Land Rights and Policy in the Bear Island Case and Beyond (Montreal and Kingston: McGill-Queen’s University Press, 2009); J.R. Miller, Compact, Contract, Covenant: Aboriginal Treaty-Making in Canada (Toronto: University of Toronto Press, 2009); Mark Hickford, Lords of the Land: Indigenous Property Rights and the Jurisprudence of Empire (Oxford: Oxford University Press, 2012); Michael Asch, On Being Here to Stay: Treaties and Aboriginal Rights in Canada (Toronto: University of Toronto Press, 2014); Kent McNeil, “Indigenous Rights Litigation, Legal History, and the Role of Experts,” Saskatchewan Law Review 77, no. 2 (2014): 173–203; Arthur J. Ray, Aboriginal Rights Claims and the Making and Remaking of History (Montreal and Kingston: McGill-Queen’s University Press, 2016).
3. Bain Attwood, “History, Law and Aboriginal Title,” History Workshop Journal 77, no. 1 (2014): 290.
4. Banner, Possessing the Pacific, 5.
5. This article employs terms such as “Indigenous property rights” and “Aboriginal title,” which reflect modern usage versus actual historical terms such as “Indian title” or “Indian claims.”