1. It was never denied or modified by the French during their regime.

2. The transfer of the region (except Cape Breton and Prince Edward Island) from French to British rule in 1713 (Treaty of Utrecht) did not change existing aboriginal title. The Mí'kmaq and Maliseet stated at the time that Acadia belonged to them; thus the French King could not give it to the English.

3. Recognition by the Mi'kmaq of the British Crown does not extinguish aboriginal title, except where specific lands were ceded.

4. Since 1713, the Crown has done nothing legal (that is, following proper procedures under law) to extinguish aboriginal title.

5. The Treaty of 1725 (also known as Dummer's Treaty, after the governor of Massachussetts) explicitly affirms the existence of aboriginal title. (On December 2, 1726 Major Paul Mascarene brought his articles of submission and agreement to the delegates. They refused to agree with the first article, which asked them to acknowledge King George's dominion over their territory; they considered themselves a free people and not bound to any King. Mascarene included this article in the final agreement.)

6. The Treaty of 1752 reaffirms this title by promising freedom to hunt and fish and by recognizing certain lands as belonging to the Mi'kmaqs. "4. It is agreed, that the said tribe of Indians shall not be hindered from, but have free liberty of hunting and fishing as usual…"

7. Lieutenant-Governor Jonathan Belcher's Proclamation of 1762 "specifically defined the land area in Nova Scotia and New Brunswick claimed by the Indians."

8. The Royal Proclamation of October 7, 1763 (following the Treaty of Paris, ending the Seven Years War, whereby France surrendered New France to Britain) affirmed aboriginal title in stating that all land in the colonies not specifically ceded for the Crown was reserved to the Indians.

It is one of the most significant colonial documents. It expressly enacted: "And whereas it is just and reasonable, and essential to our interest and the security of our colonies, that several Nations or Tribes of Indians with whom we are connected, or who live under our protection, should not be molested or disturb-ed in the possession of such parts of our dominions and territories as not having been ceded to or purchased by us are reserved to them or any of them as their hunting grounds." It went on to forbid any more private purchases and prescribes the procedure by which the Crown would acquire land so reserved and when it was needed for settlement.

9. The Royal Proclamation of 1763 applies to Nova Scotia, including present-day New Brunswick, Cape Breton and Prince Edward Island.