Pope Alexander VI ruled that the lands being discovered by European explorers at the time was “empty” land and its millions of Indigenous inhabitants were “non-human”. The Doctrine of Discovery The Doctrine of Discovery is not simply an artifact of colonial his-tory. Published to Oxford Scholarship Online: September 2010, DOI: 10.1093/acprof:oso/9780199579815.001.0001, PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). The United Church of Canada 2017 L’Église Unie du Canada . This book presents new material and shines fresh light on the under-explored historical and legal evidence about the use of the doctrine of discovery in Australia, Canada, New Zealand, and the United States. The Doctrine of Discovery allowed European nations to colonize any land not ruled by Christians. You may also wish to view these two videos on the topic: Copyright © 2021 - The United Church of Canada. The Doctrine of Discovery is a principle of international law dating from the late 15th century. It has its roots in a papal decree issued by Pope Nicholas V in 1452 that specifically sanctioned and promoted the conquest, colonization, and exploitation of non-Christian territories and peoples. If the lands were vacant, then they could be defined as “discovered” and sovereignty claimed. It comes from res nullius – literally a thing [belonging] to no one. The Doctrine of Discovery refers to a set of Papal Bulls that justified the invasion and confiscation of lands, and the genocide of the original inhabitants of those lands who did not declare themselves to be Christians. MCC explores the painful history of Native people, history that has its roots in the Doctrine of Discovery. We will also explain the legal framework of Canada as a confederation and how that framework is applied in contemporary proceedings (e.g. Learn more about the Doctrine and how we can work toward justice. In these countries, Christian Europeans assumed that they held sovereign, property, and commercial rights over the indigenous peoples under the ‘legal authority’ of the Doctrine. Disputed claims over sovereignty in the New World led Britain and France into the Seven Years War, which ended in 1763 when France surrendered to England its discovery rights over Canada and the territory east of the Mississippi River. Repudiation of the Doctrine of Discovery . It examines colonial constructions of indigeneity and the disregard of indigenous land relationships, legal orders, and sovereignty that led both to settlement on indigenous territories in Canada and the construction of Canadian false understandings of indigenous humanity. In fact, one of the moral authorities used in that movement was the Declaration of Independence. DOCTRINE OF DISCOVERY & TERRA NULLIUS. 12 However, the Supreme court of Canada left the Doctrine of Discovery in place by granting the Tsilhqot’in Peoples the sovereignty-restricted ownership of ‘Aboriginal title’ to their traditional lands. The UN Permanent Forum on Indigenous Peoples, which meets annually for two weeks, devoted its entire 2012 session to the doctrine. Canada’s Truth and Reconciliation Commission released 94 Calls to Action in 2015, with many of them referring to the Doctrine of Discovery and calling for its repudiation. In this 150th year of Confederation, United Church communities are encouraged to use the Living on the Path of Respect worship service, during Lent, on Victoria Day weekend, or on June 11, the anniversary of the federal residential schools apology. their work, the task force was introduced to the Doctrine of Discovery. The Doctrine of Discovery is a set of legal principles that governed the European colonizing powers, specifically the administration of Indigenous lands to the present day The principles emerged from 15th and 16th-century decrees by the Pope to enforce Western theology and White supremacy, justifying violence, genocide, and slavery in the name of Christian evangelization In fact, the Doctrine of Discovery is the basis for all Indian land law in the United States and Canada, and it has imposed similar burdens on indigenous peoples all over the world – Australia, New Zealand, in Africa, in Latin America and in the island nations of the Caribbean and Oceania. What is found in the Doctrine of Discovery? Canada, cause this declaration to be proclaimed in every parish. The Doctrine of Discovery, a legal framework that justified European imperial ventures around the world, including the colonization of North America, has its roots in a series of Papal statements dating back to the 15th century. To troubleshoot, please check our The Doctrine of Discovery, and the attendant idea of terra nullius, or nobody’s land, is not strictly speaking a single thing; nor is the history of the idea straightforward in theory, theology or application by the state. By the time Christopher Columbus set sail in 1492, this Doctrine of Discovery was a well-established idea in the Christian world. This was done through the Doctrine of Discovery and the doctrine of Terra Nullius. The Doctrine of Discovery in Canadian Law. JL & Tech 1 at 6, a finding of spoliation is “contingent upon the determination that a litigant had a duty to preserve the documents in question” at the time it was destroyed. The Doctrine of Discovery: Unmasking the Domination Code (2015), directed by Sheldon P. Wolfchild and narrated by Buffy Sainte-Marie. Lawrence Sankey, co-chair, Aboriginal Ministries Council, and the Right Rev. 2. The Doctrine of Discovery has an enduring impact on indigenous peoples and the right to redress (article 28 and 37 of … The Christian Church (Disciples of Christ, the U.S and Canada) Repudiates the Doctrine of Discovery less than 1 minute read Reflection on Christian Theology and Polity, the Christian Doctrine of Discovery, and the Indigenous Voice. Canada suggested that Indigenous Christian perspectives on creation care would be an important element of any study. The chapter examines constitutional doctrine, early treaties with first peoples, Canadian legislation, and early case law in order to determine to what degree Canadian legal understanding has been informed by the Doctrine of Discovery. , and if you can't find the answer there, please MCC explores the painful history of Native people, history that has its roots in the Doctrine of Discovery. The Doctrine of Discovery is a key premise for non-Indigenous government claims to legitimacy on and sovereignty over Indigenous lands and territories. Crown arguments). Yet, in these and other significant legal cases, the Indigenous Peoples affected were not included as direct parties. As the Truth and Reconciliation Commission (TRC) noted in its final report, the Doctrine of Discovery has been cited in decisions of the Supreme Court of Canada as recently as the 1990s. United Church of Canada Repudiates the Doctrine of Discovery less than 1 minute read Social Policies of The United Church of Canada: Doctrine of Discovery (⤓ PDF download) We repudiate the Doctrine of Discovery, which asserted that lands belonged to the Christian powers that “discovered” them (offsite). The Supreme Court of Canada’s Tsilhqot’in decision (2014) dismissed the argument Canada was Terra Nullius a t the time of discovery. T o call it into question, even now , would change the rules of the argument en-tirely. Users without a subscription are not able to see the full content. There was a cataclysmic change in the rights of Indigenous Peoples when the Crown assumed sovereignty 1 in Canada. The Discovery Doctrine is a concept of public international law expounded by the United States Supreme Court in a series of decisions, intially in Johnson v. M’Intosh in 1823. See more ideas about discovery, indigenous peoples, indigenous people native americans. The Doctrine of Discovery is so taken for granted that it is rarely mentioned in historical or legal texts published in the Americas. The discovery doctrine, also called doctrine of discovery, provided a philosophical framework for Christian explorers, to lay claim to territories uninhabited by Christians. The Doctrine of Discovery continues to impact Indigenous Peoples throughout the world. See Downloads, below. This Doctrine of Discovery is the basis on which the Crown claims title to all lands in Canada. The park she is accused of violating was created under the Doctrine of Discovery. It examines colonial constructions of indigeneity and the disregard of indigenous land relationships, legal orders, and sovereignty that led both to settlement on indigenous territories in Canada and the construction of Canadian false understandings of indigenous humanity. The Papal Bulls of Discovery are an important piece of a larger idea in international law, called the Discovery Doctrine, which holds that when European nations “discovered” non-European lands, they gained special rights over that land, such as sovereignty and title, regardless … How has the Doctrine of Discovery been used in Canada? As one journalist puts it: “It is the federal and provincial govern- Now we must examine what it means to live it out. Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. 2. Please, subscribe or login to access full text content. This doctrine, which originated with Henry VII in 1496, held that Christian sovereigns and their representative explorers could assert dominion We will also explain the legal framework of Canada as a confederation and how that framework is applied in contemporary proceedings (e.g. The United Church of Canada repudiated the Doctrine of Discovery in 2012, as did the World Council of Churches. The Doctrine of Discovery has profoundly affected the way that Indigenous peoples have been perceived by non-Indigenous peoples. This is one of the calls to action.” In her mind, it’s the same thing. The Impact of the American Doctrine of Discovery on Native Land Rights in Australia, Canada, and New Zealand Blake A. Watson† The landmark decision in the United States regarding Indian land rights is Johnson v. McIntosh, an 1823 decision authored by Chief Jus-tice John Marshall. See more ideas about discovery, indigenous peoples, indigenous people native americans. The Doctrine of Discovery. Church of Canada, the Synod voted to repudiate — or deny the validity — of the Doctrine of Discovery. ” What is the Doctrine of Discovery? FAQs This book shines new light on the mostly ignored historical and legal evidence of the use of the Doctrine of Discovery in Australia, Canada, New Zealand, and the United States. Consequently, a key recommendation of the Truth and Reconciliation Commission, articulated in a number of its Calls to Action, is the repudiation of the Doctrine of Discovery. It is used in particular by former British colonies, specifically, Canada, Australia, New Zealand and the United States of America. Leading cases in Canada, such as St. Catherines Milling and Lumber Company v. The Queen, have relied upon early U.S. Supreme Court cases such as Johnson v. McIntosh that are based on the discovery doctrine. Directed by Sheldon Peters Wolfchild. DOI:10.1093/acprof:oso/9780199579815.003.0004, Table of Legislation and Analogous Documents, 2 The Legal Adoption of Discovery in the United States, 3 The Doctrine of Discovery in United States History, 5 Contemporary Canadian Resonance of an Imperial Doctrine, 7 Asserting the Doctrine of Discovery in Australia, 8 Asserting the Doctrine of Discovery in Aotearoa New Zealand: 1840–1960s, 9 The Still Permeating Influence of the Doctrine of Discovery in Aotearoa/New Zealand: 1970s–2000s, 10 Concluding Comparatively: Discovery in the English Colonies, Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies, 2 The Legal Adoption of Discovery in the United States, 3 The Doctrine of Discovery in United States History, 5 Contemporary Canadian Resonance of an Imperial Doctrine, 6 The Doctrine of Discovery in Australia, 7 Asserting the Doctrine of Discovery in Australia, 8 Asserting the Doctrine of Discovery in Aotearoa New Zealand: 1840–1960s, 9 The Still Permeating Influence of the Doctrine of Discovery in Aotearoa/New Zealand: 1970s–2000s, 10 Concluding Comparatively: Discovery in the English Colonies. Public users can however freely search the site and view the abstracts and keywords for each book and chapter. 1. (c) Copyright Oxford University Press, 2021. The Royal Commission on Aboriginal Peoples (RCAP), in its preamble to its summary of recommendations, urges that a "renewed relationship between Aboriginal and non-Aboriginal people in Canada be established on the basis of justice and fairness." The challenge now was to enter a new area in which the effects of the doctrine of discovery did not continue to be felt by indigenous peoples in the countries in which they lived, he said. That perception, in turn, defined our relationship, culminating in the establishment of residential schools and the legacy that continues to play out today. Yet the Doctrine of Discovery, which asserted that lands belonged to the Christian powers that “discovered” them (and the related concept of Terra Nullius, which held that those on the land prior to European arrival merely occupied it without any right or title), continues to reverberate in the 21st century. This is Webinar #2 in the Conservation through … The United Church of Canada repudiated the Doctrine of Discovery in 2012, as did the World Council of Churches. This was one step in our long journey of listening, repentance, and the building of right relations that began with the 1986 Apology to First Nations Peoples. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. All Rights Reserved. For example, read the Papal Bull Inter caetera of 1493 on the Encyclopedia Virginia website. WHAT: Join us in a discussion as we demystify the legal underpinnings of what is now known as Canada, including the Doctrine of Discovery, the concept of terra nullius, etc. Canada’s Truth and Reconciliation Commission released 94 Calls to Action in 2015, with many of them referring to the Doctrine of Discovery and calling for its repudiation. The doctrine was strongly held by King Ferdinand and … The Royal Commission on Aboriginal Peoples (RCAP), in its preamble to its summary of recommendations, urges that a "renewed relationship between Aboriginal and non-Aboriginal people in Canada be established on the basis of justice and fairness." According to Michael R. Nelson and Mark H. Rosenberg, in “A Duty Everlasting: The Perils of Applying Traditional Doctrines of Spoliation to Electronic Discovery” (2006) 12:4, Rich. Where’s Canada’s Human Rights Ombudsperson? For example, read the Papal Bull Inter caetera of 1493 on the Encyclopedia Virginia website. Crown arguments). However, terra nullius did not imply that the land was “empty”. The “Doctrine of Discovery” is a philosophical and legal framework dating to the 15th century that gave Christian governments moral and legal rights to invade and seize Indigenous lands and dominate Indigenous Peoples. So what exactly do these Papal Bulls, both of which are over 500 years old, have to do with Indigenous rights in Canada today? The Discovery Doctrine is a concept of public international law expounded by the United States Supreme Court in a series of decisions, initially in Johnson v. M’Intosh in 1823. Explore Your Faith at a United Church Theological School, Join in a Pilgrimage of Justice and Peace, Whistleblowing: How to Report Suspected Wrongdoing, Ministry and Personnel Committee Resources, Aid for Asylum Seekers in Central and North America, Support the United Nations Relief and Works Agency, Call on Canada to Oppose the US Middle East Plan, Israeli Military Detention—No Way to Treat a Child, The Philippines: Typhoons, Earthquakes and Volcanic Eruption, Urge PayPal to Extend Its Services to Palestinians, Wet’suwet’en and the Right to Free, Prior, and Informed Consent. The Doctrine of Discovery allowed European nations to colonize any land not ruled by Christians. Given the passage of time, and the shifting of religious affiliation, you might think that it is an archaic principle, with little bearing in contemporary law and society. This book presents new material and shines fresh light on the under-explored historical and legal evidence about the use of the doctrine of discovery in Australia, Canada, New Zealand, and the United States. It was issued in 1493, the year after Christopher Columbus arrived on the shores of what is now known as North America. Jul 19, 2018 - Explore Erica Jurgens's board "Doctrine of Discovery" on Pinterest. Demystifying the Doctrine of Discovery On October 13, 2020 Elder Larry McDermott (CRP Elder’s Lodge) and Larry Innes (CRP Domestic Law and Policy Lead) hosted a discussion with Dr. John Borrows (Canada Research Chair, Indigenous Law); Dr. Aimée Craft (Associate Professor, University of Ottawa); and Rayanna Seymour- Hourie (Staff Lawyer and RELAW Manager, West Coast Environmental Law) on: Vacant land was that which was not populated by Christians. It is the legal force that defines the limits of all land claims to this day and, mor e fundamentally , the necessity of land claims at all. “These things are absolutely connected,” she said. They presuppose a basis of legitimacy and fairness, but some of the foundational principles of federal Native American law violate rights to their own lands against the original intention of treaties and, arguably, even the Constitution. In the course of . North America, New Zealand, and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. date: 18 January 2021. Although most Christian denominations have repudiated the Doctrine of Discovery and called for its repudiation by governments, it has been used in court cases to buttress government control over Indigenous people. The intent of the Doctrine The Doctrine of Discovery provided a framework for Christian explorers, in the name of their sovereign, to lay claim to territories uninhabited by Christians.   North America, New Zealand, and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. It saw Native people as less than human and their lands as free for the taking. The doctrine was Chief Justice John Marshall’s explanation of the way in which colonial powers laid claim to newly discovered lands during the Age of Discovery. The Doctrine of Discovery is one of them. Jordan Cantwell, at 30th anniversary of the United Church’s 1986 Apology. The Doctrine of Discovery was used by European monarchies, beginning in the mid-fifteenth century, as a means of legitimizing the colonization of lands outside of Europe. The TRC’s final report observed that it rested upon the belief that “the colonizers were bringing civilization to savage people who would never civilize themselves” [Canada’s Residential Schools: The History, Part I: Origins to 1939, p. 18]. BACKGROUNDER: Indigenous Affairs: What is the Doctrine of Discovery? You could not be signed in, please check and try again. The Doctrine of Discovery, a legal framework that justified European imperial ventures around the world, including the colonization of North America, has its roots in a series of Papal statements dating back to the 15th century. Discovery was used as legal and moral justification for colonial dispossession of sovereign Indigenous Nations, including First Nations in what is now Canada. It saw Native people as less than human and their lands as free for the taking. The “Doctrine of Discovery ... learning to tell the history of Canada in a way that is truthful, ensuring proper treatment of the history and experience of Indigenous Peoples, including the experience of oppression and marginalization which resulted from the Indian Act, the Residential School system, and frequent ignoring or undermining of signed treaties. DOCTRINE OF DISCOVERY & TERRA NULLIUS. The Doctrine of Discovery is based on the Roman Catholic papal bull “Inter caetera.” Issued by Pope Alexander VI on May 4, 1493, it gave all the lands along a meridian west of the Cape Verde Islands, off the west coast of Africa, to the Spanish crown. What is the doctrine of discovery in Canada? Canada can be traced to a set of fifteenth century theological assump-tions that have found their way into both common law and the Canadian Constitution. Sovereign rights of Indigenous Peoples and nations were usurped and replaced by Crown rights. 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