What Happens Now? What about the victims of the Doctrine of Discovery?

Tamara Baldhead Pearl is cautiously optimistic the Vatican's repudiation of The Doctrine of Discovery can lead to change in what she refers to as "white supremacy in Canadian case law."

"The
greater the consensus that the Doctrine of Discovery is fundamentally
racist and immoral, the harder it is for Canadian courts to continue to
decide cases based on this fundamental doctrine," said Pearl, who is
from One Arrow First Nation, in an interview with Day 6.

(left) Tamara
Baldhead Pearl, an assistant professor of law at the University of
Alberta, is cautiously optimistic after the Vatican's repudiation of The
Doctrine of Discovery. (University of Alberta)

Pearl,
who's also an assistant law professor at the University of Alberta,
says she hopes there will be increased pressure to "try to rethink how
Canadian law can be brought into conformity with the contemporary
understanding of Indigenous rights and equality among peoples."

The
Doctrine of Discovery is a set of colonial-era theories, backed by
15th-century papal bulls, which was used to legitimize the seizure of
Indigenous lands by colonial powers. Legal decisions in both the U.S.
and Canada invoked the doctrine in some form.

The Vatican says in
its statement the doctrine was not a Catholic teaching and had been
manipulated for political purposes by colonial powers.

"The Church's magisterium upholds the respect due to every human being," the statement reaffirmed.

There
have been calls to repudiate the doctrine for decades, but they gained
more visibility in Canada during Pope Francis' visit last summer. Two
women held a banner reading "Rescind the Doctrine"
at the altar of the National Shrine of Sainte-Anne-de-Beaupré on July
29, 2022. They were escorted from the basilica without incident, but
draped the banner outside as part of a protest.

Sarain
Fox, right, and Chelsea Brunelle of the Batchewana First Nation
demonstrate outside the mass presided over by Pope Francis at the
National Shrine of Saint Anne de Beaupre, Thursday, July 28, 2022, in
Saint Anne de Beaupre, Quebec. (John Locher/The Associated Press)

During
the visit, Pope Francis apologized to Indigenous people for the
residential school system that forcibly removed Indigenous children from
their homes. However, he was criticized by some for not taking the opportunity to repudiate the doctrine.

KEEP READING 

• Indigenous experts, leaders say Vatican's Doctrine of Discovery rejection marks step forward 

• Vatican's disavowal of Doctrine of Discovery a good step but 'fundamental change' still needed: Manitoba elder 
•  Indigenous leaders hope Vatican's repudiation of oppressive colonial concepts leads to real change