Fact Check: "Terra Nullius is considered in Canada as disproven and racist myth"
What We Know
The term "terra nullius," which translates to "land belonging to no one," has historically been used to justify colonization by asserting that lands were unoccupied prior to European arrival. In Canada, this concept has been increasingly challenged. According to a report, many jurists argue that the notion of terra nullius is not only mistaken but also inherently racist, as it disregards the existence and rights of Indigenous peoples prior to European colonization (Encountering the Other: Racism Against Aboriginal Peoples).
Moreover, the Supreme Court of Canada has explicitly stated that the doctrine of terra nullius never applied in Canada, as confirmed by the Royal Proclamation of 1763, which recognized Indigenous land rights (The Doctrine of Discovery and Terra Nullius). Recent legislative changes, such as the strengthening of Canada's UNDRIP bill, have also seen the government overtly reject the doctrines of discovery and terra nullius as "racist" and "scientifically false" (How Canada's UNDRIP bill was strengthened to reject 'racist doctrine of discovery').
Analysis
The claim that terra nullius is considered a disproven and racist myth in Canada is supported by multiple credible sources. The Supreme Court's ruling provides a legal foundation for rejecting the doctrine, while the legislative changes reflect a broader societal acknowledgment of its racist implications. Senator Murray Sinclair has been vocal in denouncing the perpetuation of terra nullius as a "racist fallacy," emphasizing that it is essential to dismantle such myths to facilitate reconciliation with Indigenous peoples (Sen. Murray Sinclair blasts Globe and Mail for propagating ...).
However, while the concept of terra nullius is widely discredited among legal and academic circles, there are still segments of the population and some media outlets that perpetuate these outdated views. For instance, Sinclair criticized an editorial in The Globe and Mail for suggesting that Canada was "thinly populated" before European contact, which he argued supports the myth of terra nullius (Sen. Murray Sinclair blasts Globe and Mail for propagating ...). This indicates that while the doctrine is officially rejected, remnants of its ideology still exist in public discourse.
Conclusion
The claim that "terra nullius is considered in Canada as disproven and racist myth" is Partially True. It is supported by legal rulings and recent legislative actions that explicitly reject the doctrine as racist. However, the persistence of certain narratives in media and public opinion suggests that while the concept is officially discredited, it is not entirely eradicated from societal views. Thus, the claim captures the current legal and political stance on terra nullius but does not fully account for ongoing debates and misunderstandings surrounding the issue.
