Parallel Paths : : Fiduciary Doctrine and the Crown-Native Relationship in Canada / / Leonard Rotman.

• Superior document: Title is part of eBook package: De Gruyter University of Toronto Press eBook-Package Archive 1933-1999
• VerfasserIn: Rotman, Leonard,
• Place / Publishing House: Toronto : : University of Toronto Press, , [2020]; ©1996
• Year of Publication: 2020
• Language: English
• Series: Heritage
• Physical Description: 1 online resource (504 p.)

In a landmark decision in 1984, the Supreme Court of Canada declared that the Crown is bound by fiduciary, or trust-like, obligations to Canada's aboriginal peoples. By holding the Crown's duty to be legal, rather than merely political or moral, the Supreme Court blazed a new path in Canadian aboriginal rights jurisprudence. Yet, more than a decade later, many of the outstanding issues arising from that decision have yet to be answered or adequately addressed. This is, in part, because the Supreme Court provided little guidance as to the nature and extent of the Crown's duty. Leonard Rotman explores the unanswered questions that plague the Crown-Native fiduciary relationship. He begins by looking at the politics underlying Crown-Native relations and the effects of colonialism on Native peoples. Legislation and case law are then surveyed to reveal the historical and current status of fiduciary doctrine. By examining its fundamental characteristics and principles, Rotman formulates a functional rather than a categorical interpretation of fiduciary law. Finally, he discusses the effects of applying fiduciary law to the Crown-Native relationship. Considering the present status of aboriginal rights issues in Canada, it is striking that the Crown-Native fiduciary relationship remains the subject of so much confusion and uncertainty. With this principled treatment of fiduciary doctrine and its impact upon Crown-aboriginal relations in Canada, Rotman bridges a significant gap in legal.

Table of Contents

Frontmatter -- Contents -- Preface -- Acknowledgments -- Table of Cases -- PART ONE. The Juridical Understanding of the Crown-Native Fiduciary Relationship -- 1. Introduction -- 2. The Politics Underlying the Crown- Native Fiduciary Relationship in Canada -- 3. The Incidents of Colonialism -- 4. The Legislative and Jurisprudential History of the Crown-Native Relationship in Canada -- 5. The Characterization of the Crown- Native Fiduciary Relationship by the Courts: Guerin v R -- 6. Judicial Characterizations of the Crown's Fiduciary Duty after Guerin -- 7. The Status of the Crown's Fiduciary Duty -- PART TWO. General Principles of Fiduciary Doctrine -- 8. A Re-examination of Fiduciary Doctrine -- 9. Fiduciary Theories -- 10. A 'Back to Basics' Approach to Fiduciary Doctrine -- PART THREE. The Crown's Fiduciary Duty towards Aboriginal Peoples in Canada -- 11. The British Crown's Obligations -- 12. The Canadian Crown's Obligations -- 13. Aboriginal Understandings of 'the Crown' and the Nexus between Governmental Power and Fiduciary Responsibility -- 14. Characteristics of the Crown-Native Fiduciary Relationship -- 15. The Practical Application of Fiduciary Doctrine in the Native Law Context: A Reappraisal of Kruger v R -- 16. Prospects for the Future -- APPENDICES -- Notes -- References -- Index