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Parallel Paths - Fiduciary Doctrine and Crown-native Relationship in Canada (Paperback)
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Parallel Paths - Fiduciary Doctrine and Crown-native Relationship in Canada (Paperback)
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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.
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