Background Content: Royal Proclamation and Covenant of Reconciliation (45-47)

Exploring Theme: "What is the Doctrine of Discovery?"

Updates on this page: 7
 

April 13, 2023


Now What? Next Steps for Uprooting the Doctrine of Discovery 

Now What? Next Steps for Uprooting the Doctrine of Discovery By Kate Gunn and Bruce McIvorThe Catholic Church’s recent announcement repudiating the Doctrine of Discoveryhas been met by Indigenous groups as both a welcome and long-overdue development. The focus now shifts to whether – and how – Canada will use the announcement as an opportunity to create...

March 31, 2023


Johnson v. M’Intosh: 200 years of legal misery for Native people

The landmark 1823 Supreme Court case set a precedent that has undermined tribal sovereignty ever since ICT: RENAE DITMER If Johnson v. M’Intosh isn’t one of the first cases presented on the first day of law school everywhere in the United States, Michael-Corey F. Hinton would be surprised, and likely, sorely disappointed. The landmark case, decided 200...

March 2, 2023


200 Years of Denial: Johnson vs M’Intosh and the Doctrine of Discovery

First Peoples Law Report – Bruce McIvorThis week marks the 200th anniversary of the US Supreme Court’s 1823 decision Johnson v. M’Intosh. In the decision, Chief Justice Marshall relied on the racist doctrine of discovery as the basis for European nations’ asserted sovereignty over Indigenous Peoples’ lands upon ‘discovering’ them. The doctrine was imported into Canadian law through the St....

February 17, 2023


Why is the St. Catherine’s Milling Decision Important?

First Peoples Law Report: Indigenous Rights In One Minute Welcome to “Indigenous Rights in One Minute:  Clear, Plain Answers to all Your Questions”. Stay tuned for monthly answers to frequently asked questions, summaries of fundamental court decisions and more. You can also read it on our website. WHY IS THE ST. CATHERINE’S MILLING DECISION IMPORTANT? The St. Catherine’s Milling (1888)...

September 14, 2022


Some Indigenous leaders concerned about reconciliation with new monarch

Toronto Star (Canadian Press): Some Indigenous leaders and community members say they’re concerned about making progress on reconciliation with King Charles III. Treaty 8 Grand Chief Arthur Noskey says the Queen’s death last week wasn’t good timing, as First Nations were making progress in working with the Crown toward upholding treaty agreements.  “We were building up...

August 3, 2022


Why Pope Francis faces calls to revoke the Doctrine of Discovery

An abridged trip through 500 years of papal and legal history to understand why Pope Francis faces calls to renounce the Doctrine of Discovery, which underpins Europe’s heist of the Americas and a mass dispossession of Indigenous peoples that remains foundational to Canadian sovereignty The Globe and mail: PATRICK WHITE, Staff reporter. PUBLISHED JULY 22, 2022....

July 29, 2022


Doctrine of Discovery is a ‘legal fiction,’ but revoking it won’t herald immediate changes, experts say

APTN: The principle is entrenched in Canadian and U.S. law and may be a challenge to dismantle. Pope Francis and his entourage of Vatican officials on their week-long Canadian pilgrimage have faced mounting pressure to renounce, repudiate and revoke something scholars increasingly describe as a legal fiction rooted in imperial ideology: the Doctrine of Discovery....

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