Background Content

Call to Action # 45: Royal Proclamation and Covenant of Reconciliation (45-47)

Dismantling the Doctrine of Discovery

January 1, 2018

The federal government has informally repudiated the Doctrine of Discovery and terra nullius through an address given by Minister of Crown Relations and Northern Affairs, Carolyn Bennett at the Inited Nations Permanent Forum on Indigenous issues in May, 2017. But their has been no formal legislative repudiation or integration of the AFN recommendations below.

Assembly of First Nations: Dismantling the Doctrine of Discovery, January 2018

… all doctrines, policies and practices based on advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust …

UN Declaration on the Rights of Indigenous Peoples, preambular para. 4

Advancing reconciliation requires bringing Canadian law and policy into line with international human rights law, which has condemned doctrines of superiority, including discovery and terra nullius, as colonial and racist. Yet the racist assumptions and impacts of these doctrines live on in aspects of Canadian law and policy. They are evident in underlying assumptions that assume First Nations are “claimants” in our own lands and that treat First Nations as somehow lacking sovereignty. The assumptions and impacts of these racist doctrines must be uprooted. The path forward will require Canada to acknowledge the truth of our pre-existing and continuing sovereignty as self-determining peoples.
AFN National Chief Perry Bellegarde
https://www.un.org/esa/socdev/unpfii/documents/faq_drips_en.pdf

The Assembly of First Nations remains deeply concerned about the contemporary ramifications of the doctrine of discovery and other discriminatory practices. Now is the time for Canada to finally and formally end any reliance on the doctrine of discovery. The AFN recommends that Canada take the following steps:

  1. Acknowledge that this doctrine has had and continues to have devastating consequences for Indigenous peoples worldwide, including First Nations in Canada;
  2. Reject doctrines of superiority as illegal and immoral, and affirm that they can never be a justification for the exploitation and subjugation of Indigenous peoples and the violation of human rights;
  3. In full partnership with First Nations, examine how Canadian history, laws, practices and policies have relied on the doctrine of discovery;
  4. Repudiate all doctrines of superiority in a legislative framework for implementation of the United Nations Declaration on the Right of Indigenous Peoples, developed together with Indigenous peoples;
  5. Reinterpret Canadian law in a manner consistent with the United Nations Declaration on the Right of Indigenous Peoples and other contemporary international human rights standards;
  6. Ensure that the violation of First Nations’ rights to lands, territories and resources that were taken without their free, prior, and informed consent are effectively redressed; and
  7. Ensure that the doctrine is not in any manner invoked in contemporary court cases or negotiations.

http://www.afn.ca/wp-content/uploads/2018/02/18-01-22-Dismantling-the-Doctrine-of-Discovery-EN.pdf