The Deed of Surrender or Rupert's Land and North-Western Territory Order is an 1870 British
order in council
An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (''Kin ...
that transferred ownership of
Rupert's Land
Rupert's Land (french: Terre de Rupert), or Prince Rupert's Land (french: Terre du Prince Rupert, link=no), was a territory in British North America which comprised the Hudson Bay drainage basin; this was further extended from Rupert's Land t ...
and the
North-Western Territory from the
Hudson's Bay Company
The Hudson's Bay Company (HBC; french: Compagnie de la Baie d'Hudson) is a Canadian retail business group. A fur trading business for much of its existence, HBC now owns and operates retail stores in Canada. The company's namesake business di ...
(HBC) to the newly created
Dominion of Canada. The Deed ended just over 200 years of HBC control over the lands and began
western Canadian expansion. While the Deed of Surrender was actually only a schedule in the order, the name "Deed of Surrender" is generally understood to refer to the document as a whole. Often confused with
Rupert's Land Act 1868
The Rupert's Land Act 1868This short title was authorised bsection 1of the Act. (31 & 32 Vict. c.105) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland (as it then was), authorizing the transfer of Rupert's Land ...
, the Deed is different as the Act only expressed that the United Kingdom and Canada permitted the transfer, but did not settle on the details of exchange with HBC, which were outlined in the Deed of Surrender.
History
On May 2, 1670,
King Charles II of England
Charles II (29 May 1630 – 6 February 1685) was King of Scotland from 1649 until 1651, and King of England, Scotland and Ireland from the 1660 Restoration of the monarchy until his death in 1685.
Charles II was the eldest surviving child of ...
granted the HBC a
royal charter
A royal charter is a formal grant issued by a monarch under royal prerogative as letters patent. Historically, they have been used to promulgate public laws, the most famous example being the English Magna Carta (great charter) of 1215, but s ...
for "the sole Trade and Commerce of all those Seas, Streights, Bays, Rivers, Lakes, Creeks, and Sounds, in whatsoever Latitude they shall be, that lie within the entrance of the Streights commonly called Hudson's Streights... which are not now actually possessed by any of our Subjects, or by the Subjects of any other Christian Prince or State... and that the said Land be from henceforth... called ''Rupert's Land''". Due to the extent of the lands granted not truly being known at the time, in 1821, the British Parliament further extended the company's domain to the North-Western Territory as well with the passage of "An act for regulating the fur trade, and establishing a criminal and civil jurisdiction within certain parts of North America".
In 1867, with
Confederation
A confederation (also known as a confederacy or league) is a union of sovereign groups or states united for purposes of common action. Usually created by a treaty, confederations of states tend to be established for dealing with critical issu ...
, the new Dominion of Canada sought to expand westward. In that same year,
Canada's Parliament
The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the ...
expressed this desire to the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
and soon after entered into talks with the HBC to arrange for the transfer of the territory. These talks resulted in the Deed of Surrender, which was part of an order-in-council by the United Kingdom titled "Rupert's Land and North-Western Territory - Enactment No. 3: Order of Her Majesty in Council admitting Rupert's Land and the North-Western Territory into the union, dated the 23rd day of June 1870". The Deed was approved and issued on June 23, 1870, and took effect on July 15, 1870.
Rupert's Land and North-Western Territory - Enactment No. 3''. Government of Canada''
', Department of Justice''. Retrieved February 14, 2020. The Province of Manitoba
, image_map = Manitoba in Canada 2.svg
, map_alt = Map showing Manitoba's location in the centre of Southern Canada
, Label_map = yes
, coordinates =
, capital = Winn ...
, the first new province to join Confederation, was created on the same day.
References
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1870 in British law
1870 in Canadian law
Annexation
Hudson's Bay Company
Land law
Orders in Council