Jump to ContentJump to Main Navigation
Discovering Indigenous LandsThe Doctrine of Discovery in the English Colonies$
Users without a subscription are not able to see the full content.

Robert J. Miller, Jacinta Ruru, Larissa Behrendt, and Tracey Lindberg

Print publication date: 2010

Print ISBN-13: 9780199579815

Published to Oxford Scholarship Online: September 2010

DOI: 10.1093/acprof:oso/9780199579815.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 21 September 2021

The Doctrine of Discovery in Canada

The Doctrine of Discovery in Canada

(p.89) 4 The Doctrine of Discovery in Canada
Discovering Indigenous Lands

Robert J Miller

Jacinta Ruru

Larissa Behrendt

Tracey Lindberg

Oxford University Press

This chapter discusses Indigenous conceptualizations of land, legal orders, and governmental authorities, and the problems of re-constructing history when not including indigenous peoples in the dialogue. 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 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.

Keywords:   Christianity, indigenous sovereignty, First Nations Treaties, indigeneity, indigenous peoples

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .