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

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

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 Canad...

Full description

Saved in:
Bibliographic Details
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
Online Access:
Physical Description:1 online resource (504 p.)
Tags: Add Tag
No Tags, Be the first to tag this record!
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

Similar Items