Combined Academic Publishers

A Breach of Duty

9781895830255: Paperback
Release Date: 1st April 2005

Dimensions: 152 x 229

Number of Pages: 336

Series Purich's Aboriginal Issues Series

UBC Press

A Breach of Duty

Fiduciary Obligations and Aboriginal Peoples

The government, Guerin, and the golf course: the inside story of the Musqueam people’s 26-year struggle to right the injustice done to them by the federal government in leasing their land as a golf course.
Paperback / £33.00

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
Preface
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
10. Conclusion
Notes
Bibliography
Index

James I. Reynolds has practised Aboriginal law for more than 25 years, and was one of the lawyers for the Musqueam on the Guerin case. He is a partner with Ratcliff & Co. in North Vancouver, and holds both law and doctorate degrees from the London School of Economics. He has written extensively on Aboriginal and other legal issues, and has lectured at both the London School of Economics and the University of British Columbia.

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.

Beverly Cramp
BC BookWorld

...a fascinating book about a landmark case on Aboriginal rights.

Stephen Hume
The Vancouver Sun