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Discovering Indigenous LandsThe Doctrine of Discovery in the English Colonies$
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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

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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: 23 September 2021

Contemporary Canadian Resonance of an Imperial Doctrine

Contemporary Canadian Resonance of an Imperial Doctrine

(p.126) 5 Contemporary Canadian Resonance of an Imperial Doctrine
Discovering Indigenous Lands

Robert J Miller

Jacinta Ruru

Larissa Behrendt

Tracey Lindberg

Oxford University Press

This chapter looks at the contemporary impact of the Imperial Doctrine of Discovery by reviewing Canadian constitutional provisions, principles of treaty interpretation, case law, and Canadian policies related to land claims and other agreements. In assessing this body of information, it determines the nature and influence of doctrinal presumptions and understandings of Canadian legal supremacy and rightfulness, and it addresses indigenous legal and governmental authorities and orders to contextualize and arrive at an understanding of the requirements of reconciliation in a pluralistic and contemporary context.

Keywords:   First Nations treaties, Canada, land claims, Canadian legal supremacy, reconciliation

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