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Residential Schools and Reconciliation: A Canada Day Proposal – First Peoples Law

June 16, 2021

News of 215 Indigenous children buried on the grounds of the Kamloops Indian Residential School has shocked Canada and the world. Canadians are calling for real change in the country’s relationship with Indigenous Peoples.

Apologies are not enough. The federal government must take a meaningful step towards dismantling the existing structures of systemic racism that led to the death of the 215 children and hundreds of other Indigenous children across the country. One such step would be for the federal government to repudiate the Doctrine of Discovery.

The Doctrine of Discovery

The Doctrine of Discovery is the rotten foundation of the Supreme Court of Canada’s interpretation of section 35 of the constitution. It is a Western legal principle that European countries extinguished Indigenous sovereignty and acquired the underlying title to Indigenous Peoples’ lands upon ‘discovering’ them.

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