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:

• The legal underpinnings of what is now known as Canada, including the Doctrine of Discovery, the concept of terra nullius, etc.;

• The legal framework of Canada as a confederation and how that framework is applied in contemporary proceedings (e.g. Crown arguments);

• How colonial laws have impacted relationships to the land; and

• Pathways forward.

  Watch the full recording below. Visit our YouTube channel for more videos.

For further reading and learning, please see these resources:

• Borrows, J. (2015). The durability of terra nulius: Tsilhqot’in Nation v British Columbia. UBC Law Review, 48(3), 701–742.

• Flood, F., MacDonnell, V., Philpott, J., Thériault, S., Venkatapuram, S. (2020). Vulnerable: The law, policy, and ethics of COVID-19

• Neither Infringement nor Justification – the SCC’s Mistaken Approach to Reconciliation, in B. Gunn and K. Drake (eds), Renewing Relationships: Indigenous Peoples and Canada (University of Saskatchewan Native Law Centre, 2019) Chapter 3, pp. 59-82