THE CONVERSATION
This article was originally published on The Conversation, an independent and nonprofit source of news, analysis and commentary from academic experts. Disclosure information is available on the original site.Last Canada Day, Parliament Hill teemed with orange as thousands marched in response to the unmarked graves of Indigenous children being found at former residential school sites.
Many Canadians dislike being labelled “settlers.” The term refers to non-Indigenous people who, or whose ancestors, settled on Indigenous land, although recent debates question the inclusion of descendants of slaves and non-white immigrants. In legal and political philosophy, jurisdiction is the right to make and enforce laws over a geographic area. It also often includes control over the extraction and development of natural resources.
Aboriginal title, however, is not the same as restitution. This is because Canada has ultimate legal authority — or “Crown sovereignty” — over all land within its borders.Indigenous nations’ jurisdictional rights are recognized in the Royal Proclamation of 1763 and the United Nations’ Declaration on the Rights of Indigenous Peoples. They are also recognized in treaties.Article content
It is important to note that Indigenous nations do not need settler consent to exercise their jurisdiction over land, and many do so, despite violent resistance from the Canadian state. Ending this violence requires settlers to recognize their responsibility to support restitution.Colonialism is perceived as a “sad chapter” in Canada’s history, for which settlers must make amends.
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