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list price: $38.00
edition:Paperback
category: Law
published: Apr 2005
ISBN:9781895830255
publisher: UBC Press
imprint: Purich Publishing

A Breach of Duty

Fiduciary Obligations and Aboriginal Peoples

by James Reynolds, foreword by Ernest Campbell Musqueam Indian Band

tagged: indigenous peoples, native american
Description

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.

About the Authors

James Reynolds


Ernest Campbell Musqueam Indian Band

Contributor Notes

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.

Editorial Reviews

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.

— BC BookWorld

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

— The Vancouver Sun
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