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

Leonard Rotman

Abstract


Table of Contents

Preface
Acknowledgments
Table of Cases
1 Introduction 3
2 The Politics Underlying the Crown-Native Fiduciary Relationship in Canada 19
3 The Incidents of Colonialism 50
4 The Legislative and Jurisprudential History of the Crown-Native Relationship in Canada 66
5 The Characterization of the Crown-Native Fiduciary Relationship by the Courts: Guerin v R 88
6 Judicial Characterizations of the Crown's Fiduciary Duty after Guerin 111
7 The Status of the Crown's Fiduciary Duty 139
8 A Re-examination of Fiduciary Doctrine 149
9 Fiduciary Theories 164
10 A 'Back to Basics' Approach to Fiduciary Doctrine 176
11 The British Crown's Obligations 203
12 The Canadian Crown's Obligations 221
13 Aboriginal Understandings of 'the Crown' and the Nexus between Governmental Power and Fiduciary Responsibility 244
14 Characteristics of the Crown-Native Fiduciary Relationship 255
15 The Practical Application of Fiduciary Doctrine in the Native Law Context: A Reappraisal of Kruger v R 273
16 Prospects for the Future 281
App. 1 Statement of the Government of Canada on Indian Policy, 1969 291
App. 2 The Bull Romanus Pontifex, 8 January 1455 309
App. 3 Treaty of Albany, 1664 311
App. 4 Report of the Lords of Trade, 23 November 1761 313
App. 5 Royal Proclamation of 1761 316
App. 6 Governor Belcher's Proclamation, Nova Scotia, 1762 318
App. 7 Royal Proclamation of 1763 320
App. 8 Mi'kmaq Treaty of 1752 323
Notes 327
References 455
Index 477

Keywords


Aboriginal Law; Constitutional Law; Fiduciary Law

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