Overview
This lecture covers the origins and ongoing impact of the Doctrine of Discovery, including its intent, effects on Indigenous Peoples, legal relevance in Canada, and recent repudiation by the Vatican.
Origins and Intent of the Doctrine of Discovery
- The Doctrine of Discovery was used by European monarchies from the mid-15th century to legitimize colonization.
- Issued in 1493, it guided Christian explorers to claim non-Christian lands for their sovereigns.
- Lands "uninhabited" by Christians could be claimed as discovered and sovereign territory.
Impact on Indigenous Peoples
- Indigenous Peoples in the Americas were considered non-human under the doctrine, making their lands "terra nullius" (empty land).
- Despite an estimated 100 million Indigenous inhabitants, non-Christian status was used to deny their humanity and rights.
International and Legal Perspectives
- The United Nations denounced the Doctrine as a root of Indigenous discrimination and exploitation.
- The doctrine encouraged harmful stereotypes and justification for domination over Indigenous Peoples and their resources.
Ongoing Legal Relevance in Canada
- In 2014, the Supreme Court of Canada rejected the doctrine of terra nullius in Aboriginal title cases.
- Crown title in Canada is legally recognized as being burdened by the pre-existing rights of Indigenous Peoples.
- Aboriginal interest in land imposes a fiduciary duty on the Crown.
Calls to Repudiate the Doctrine
- The Truth and Reconciliation Commission (2015) called for Canada and religious groups to formally reject the Doctrine of Discovery and terra nullius.
- These actions aim to reaffirm nation-to-nation relationships and Indigenous rights.
Vatican Repudiation
- On March 30, 2023, the Vatican officially repudiated the Doctrine of Discovery, affirming Indigenous human rights.
Key Terms & Definitions
- Doctrine of Discovery — A 15th-century principle allowing Christian explorers to claim non-Christian lands.
- Terra nullius — Latin for "land belonging to no one"; used to deny Indigenous land rights.
- Fiduciary Duty — A legal obligation to act in the best interest of another, such as the Crown's duty to Indigenous Peoples.
Action Items / Next Steps
- Review the Truth and Reconciliation Commission’s 94 Calls to Action, especially those on repudiating the Doctrine of Discovery.
- Consider attending Indigenous Awareness or Working Effectively with Indigenous Peoples training sessions for further understanding.