Despite its retention of the concept of Crown dominion, the Canadian Supreme Court staked out a more protective position for Native lands than the U.S. Supreme Court. In the U.S., the 1955 Tee-Hit-Ton case ruled that "Indian title" means "permission from the whites to occupy," further defined as "mere possession not specifically recognized as ownership by Congress."

The U.S. decision concludes that Indian title "may be terminated and such lands fully disposed of by the sovereign itself without any legally enforceable obligation to compensate the Indians." As for any "fiduciary duty," the court said, "It is to be presumed that in this matter the United States would be governed by such considerations of justice as would control a Christian people in their treatment of an ignorant and dependent race. Be that as it may, the propriety or justice of their action towards the Indians with respect to their lands is a question of governmental policy."

Both the Tsilhqot’in and Tee-Hit-Ton cases involved taking timber from Native lands. Where the U.S. court denied compensation, on the ground of Christian Discovery, the Canadian court found a breach of Crown duty, even before Tsilhqot’in title was confirmed. While both Canada and U.S. law arise from the violation of Native dominion by "Christian Discovery," only Canada appears to struggle with this strange history by fact-based inquiries, limitations on "Crown" power, and a questioning of "modern" common law.

If Native Nations want to undo "Christian Discovery," they will have to approach legal forums not rooted in colonial domination. Given that the existing framework of international law derives from regimes of domination, the prospects for real resolutions of conflicts between Native Nations and states (especially former colonizing states) remains a work in progress.