[wwbirds]

so far it has been quite reasonable on putting forth ideas and opinions but as has been suggested the rights cannot be amended without negotiation. Natives negotiated these rights and renegotiating would be very expensive.
a little history:

Compared to land title that derives from Crown grant—which is how most privately held land is owned—Aboriginal title is sui generis, that is, it is unique, of its own kind. Instead of deriving from grant by the sovereign Crown, as all title in fee simple does, Aboriginal title derives from the Aboriginal peoples’ original possession and occupation of the land before the assertion of British sovereignty over the land.

British colonial policy recognized that Aboriginal tribes were sovereign nations whose title to the land was recognized by English law and international law. Treaties were made in Canada and the United States with First Nations because under international law they were sovereign nations which owned the land they occupied, and treaties were a lawful means of extinguishing that ownership so that it could transfer to the British Crown.


A long read but for those who feel "natives" lost the war a little more information why the British had to negotiate treaties if International Law on Natives being a Sovereign Nation is not enough.

Read Kent Johnston or McNeil on aboriginal jurisdiction! The British could not defeat the French without native help and warriors so were inclined to make deals. When the US was seeking to claim portions of Canada the Natives also fought along side the English and shortened the War of 1812.

excerp:When Europeans first arrived in North America they were entirely dependent
upon the political and social goodwill of the indigenous nations and societies
living here. Any intended occupation of lands and economic or military alliances
was necessarily done through the meeting of the international representatives
of those nations concerned. During those times, Indian Nations were in a much
stronger position because of their numbers and independence. Early land transactions
were carried out to keep peace and maintain alliances between Nations,
both European and Native. In the following centuries, due to the depletion of
those natural resources which to a large degree composed the economic base
governing the indigenous life style, indigenous influence and control over
European expansionism diminished in varying degrees. In short, the exploitation
of aboriginal peoples and lands was an event that occurred hand-in-hand with
white expansion. However, although expansion was occurring, the aboriginal
influence and jurisdiction never diminished to the point where the ideas and
terms of "a voluntary surrender of sovereignty", or, "conquered peoples" could
be applied. In fact, the opposite is true of aboriginal influence and jurisdiction
in Canada's affairs in that these powers were exercised when they were most
crucial to the survival of the Indian Nations of these lands. Two examples can
be noted here:
i) Between 1750 and 1763, the Odawa war chief Pontiac and his allies defeated
the British forces in a war over land rights. This led to the enactment of
the Royal Proclamation of 1763.

ii) In 1812, the Shawnee war chief Tecumseh summoned a large amount of
First Nations military support against the invading U.S. forces. This occurred
after years of fighting against U.S. expansionist forces in the Ohio
valley, and has been recognized as a deciding factor in the War of 1812.
Such examples, together with their surrounding circumstances, clearly demonstrate
the fact that not only were the political, military and social alliances of
the First Nations a prime factor necessary to the development of "Canada",
but the benefits of friendly international relationships were quite openly sought
and accommodated by the colonizing foreign nations. The treaty and other
international relationships that were formed both before and after those significant
wars reflect a recognized need for peace and alliance between the
military powers. They also serve to underline the historical fact that many
First Nations were approached with offers of international relationships and
agreements because they were seen as holding legal rights which made their
consent necessary in order to legitimize transactions concerning the surrender
of lands and resources. It is within this perspective that our aboriginal title,
jurisdiction and sovereignty are seen.
Certain rights were granted through these treaties. Other powers and rights
however have been retained by the Indian Nations because those rights were
never included in those agreements. Among those unceded rights are the rights
of Indian Nations to determine their own citizenship, forms of government,
administration of justice, law enforcement, taxation, domestic relations of
citizens, property use and education. Many lands have been settled by non-
Indian people without the procedures of treaty making and today the Canadian
government is faced with many land claims and court cases stemming from the
unextinguished aboriginal title and jurisdiction concerning those lands. These
developments, viewed in the light of the previously outlined context, emphasize
the viewpoint that all of the original Indian sovereignty and legal interests over
lands and resources that have not been properly surrendered or extinguished
remain intact and available to the Indian Nations.
It is now necessary however to seek political solutions to the many
problems which have been introduced by the often haphazard imposition of
alien laws and systems on the Indian Nations of this land. Indian peoples,
through their own methods of transmitting their histories, know that there was
never a time of saying "We will henceforth stop being Mohawks, Sioux, Cree
and Ojibways, and become Canadians". The fact that Indians exist as distinct,
identifiable groups having cultures, languages, territories and governments,
supports their efforts and claims to be recognized and dealt with as nations
within the context of international laws and procedures.

The English granted these rights as Treaties and a Reward for loyalty when aboriginals outnumbered them 11 to 1 in North America.