In the 1950s, Indian Affairs concealed the lease terms of more than one-third of the Musqueam’s reserve land to the Shaughnessy Heights Golf Club in Vancouver, BC. Justice for the Musqueam was finally achieved in 1984 with the release of Guerin v. the Queen, where the Supreme Court of Canada confirmed that Canada has a duty to act in the best interests of Aboriginal peoples. This book tells the story of the government's breach of that duty, the impact of the Court's decision on the development of Aboriginal law and the law of fiduciary obligations. Discussion of recent decisions in Haida and Taku River, and a comparison to laws in the United States, Australia, and New Zealand is also included.
Foreword / Chief Ernest Campbell, Musqueam Indian Band
1. The Historical and Legal Context
2. Roots of the Guerin Case
3. The Trial
4. The Supreme Court of Canada
5. Aboriginal Law in Canada Since Guerin
6. Fiduciary Law in Canada Since Guerin
7. American, Australian, and New Zealand Law
8. Questions Raised by Guerin
9. Procedure, Defences, and Remedies
A significant contribution to our understanding of the Crown's fiduciary obligations and a very useful resource.
Professor Kent McNeil
Osgoode Hall Law School
The legal battle of Guerin v. The Queen is one of the top three or four cases that have advanced Aboriginal rights in Canada in the 20th century.
...a fascinating book about a landmark case on Aboriginal rights.
The Vancouver Sun