Current Problems

Royal Proclamation and Covenant of Reconciliation (45-47)

Repudiating a racist doctrine

April 7, 2023

Words don’t just hurt. Some words kill.

THE STAR’S VIEW

The Toronto Star: Consider, for example, the authorization “to invade, search out, capture, vanquish and subdue” a group of people, and “to reduce their persons to perpetual slavery.” Those words aren’t just hurtful; they’re downright deadly.

Nonetheless, those are the words of Romanus Pontifex, the 1455 Papal Bull (decree) that authorized Portugal to run roughshod over lands and people during its military adventures. Other 15th century bulls authorized Spanish colonization, and formed the foundation of what later became known as the Doctrine of Discovery.

By permitting Christians to treat non-Christian lands as “terra nullius” — no one’s land — the doctrine supplied the framework for European colonization of Africa and the Americas. Its pernicious influence is still being felt today as it led to the development of the Indian Act and the Indian Residential Schools, which engaged in the systematic destruction of Indigenous languages and cultures.

Consequently, the Truth and Reconciliation Commission of Canada called on faith groups to repudiate the Doctrine of Discovery and terra nullius. And when the Indigenous leaders met with the Pope in both Canada and the Vatican last year, they reiterated their longstanding demand that he rescind the doctrine.

Last week, the Catholic Church finally took action, stating that it “repudiates those concepts that fail to recognize the inherent human rights of Indigenous peoples, including what has become known as the legal and political ‘doctrine of discovery.’”

Although it was a long time coming, the Church’s statement is welcome, and was greeted warmly by many Indigenous leaders, including the Assembly of First Nations. It also came just days before the most important holiday in the Christian calendar: Easter, with its emphasis on atonement, redemption and rebirth.

In the spirit of atonement, the Church must, of course, not merely issue statements. Certainly, words can heal, but they should be accompanied by actions, including the return of artifacts wrongly taken from Indigenous peoples around the world, and the provision of adequate compensation for harms done.

Atonement is not just for the Church, however. Since the Doctrine of Discovery has played an important role in Canadian law and society, the Truth and Reconciliation Commission also called on all levels of government to repudiate both Discovery and terra nullius. And it’s therefore incumbent on secular authorities to follow the Church and remove the vestiges of these ideas from our laws.

Initially introduced to North American jurisprudence through an 1832 American court case, the Doctrine was recognized in Canadian common law in 1888 when a court held that while Indigenous peoples have the right to occupy and use land, the Crown retains the underlying title. That case remained influential for the better part of a century, and even in 2007, Canada, the United States, Australia and New Zealand were the only four countries to vote against the United Nations Declaration on the Rights of Indigenous Peoples.

Among other things, the declaration describes doctrines like Discovery as “racist, scientifically false, legally invalid, morally condemnable and socially unjust.” Nonetheless, Canada voted “no” due to “significant concerns” about the wording of provisions concerning land and resources. Canada has since reversed course and endorsed the declaration, and is currently consulting with Indigenous peoples to develop an action plan to ensure federal laws are consistent with UN document.

Yet according to Amnesty International’s annual report, released just last week, Canada continues to violate the declaration by failing “to obtain the free, prior and informed consent of Indigenous communities” regarding the use of resources on Indigenous lands.

Consequently, in this Christian Holy Week, which is also a sacred time for Judaism (Passover) and Islam (Ramadan), we must not expect the Church to atone for its sins without also seeking redemption for our own. After all, while words can hurt, heal and even kill, it is only through actions that we are redeemed.

It’s incumbent on secular authorities to follow the Church and remove the vestiges of these ideas from our laws