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

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, Trusts