Repudiation creates an opportunity for change — but doesn’t change Canadian law
CBC News: François Paulette says the Vatican’s repudiation of the Doctrine of Discovery is a symbolic move that can lead to positive change if Indigenous leaders carry forward the momentum.
Paulette, a Denesuline elder, officer of the Order of Canada and longtime Indigenous rights advocate, said the repudiation is a strong step but that the church doesn’t control Canadian land. “It’s the Government of Canada that needs to make the changes,” Paulette told Lawrence Nayally, host of CBC Radio’s Trails End, on Thursday. “I hope that the leadership, the chiefs, really take this in stride and that we move ahead and have very positive nation-to-nation talks with Canada.”
The Doctrine of Discovery is a legal concept with roots in papal bulls from the 15th century. It was used to justify colonial ownership of “discovered” lands.
In a statement Thursday, the Vatican said the doctrine had been “manipulated for political purposes … to justify immoral acts against Indigenous peoples.” “It is only just to recognize these errors, acknowledge the terrible effects of the assimilation policies and the pain experienced by Indigenous peoples, and ask for pardon,” it said.
Hope and opportunity for change
Jack Anawak, a former MP for Nunavut and former member of Nunavut’s Legislative Assembly, said the statement gives him hope, and that it’s been a long time coming. “What it means is that we can be on a true path of reconciliation with the churches and the governments across the world,” he said.
“It’s a welcome opportunity for us to acknowledge that the Pope meant what he said when he apologized and now he’s repudiating the Doctrine of Discovery,” Anawak said, referring to Pope Francis’ apology last summer for the role the Catholic Church played in residential schools.
Kate Gunn, a lawyer with First Peoples Law firm in Vancouver, said the repudiation creates an opportunity for change, but doesn’t change Canadian law. “For that meaningful change to happen, there have to be concrete follow-up steps.”
She said every case that relates to Indigenous peoples’ title and rights involve, to some extent, the assertion of Crown sovereignty and the Doctrine of Discovery by extension. “So I think that having this clarity from the church provides some extra weight to Indigenous peoples’ arguments that that position shouldn’t be one that Canada should [support].”
Dëneze Nakehk’o is a founding member of Dene Nahjo, a collective dedicated to creating spaces that help Indigenous people reconnect to cultural knowledge. He called the repudiation “a savvy PR move” for the Vatican to try to remain relevant.
He said the statement is a path toward healing, but the clergy are not the main decision-makers in our society. “I don’t know how much relevance they really have in modern-day society, and I don’t know how much say we should offer them,” he said.
Nakehk’o said the doctrine created a two-tier system that considered Indigenous people to be subhuman. “It was the justification for land theft, for destroying our cultures, for taking our kids away … it did some tremendous harm to multiple generations of people.” He said managing that harm requires action and that giving land back is one action the church could do immediately.
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Nakehk’o said Indigenous people have been calling for the rejection of the doctrine for centuries. “The messaging from Indigenous folks, I think, has been constant for the last 500-plus years,” he said. “I think it’s the difference is the general public out there and that people are actually starting to listen and I think people are actually starting to care.”
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With files from Lawrence Nayally, Juanita Taylor, Toby Otak and Kanina Holmes
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