This book tells the story of a First Nation’s single-minded quest
for justice. In 1958, the federal government leased a third of the
small Musqueam Reserve in Vancouver to an exclusive golf club at less
than market value and on highly unfavourable terms. When the band
members, led by Chief Delbert Guerin, discovered the true nature of
the lease in 1970, they initiated legal action. Although repeatedly
advised to drop the case, their tenacity led to the 1984 decision of
the Supreme Court of Canada in Guerin v. The Queen. In Guerin, the
Court held that the government has a fiduciary duty towards Indigenous
peoples – an obligation to act in their best interests. This
landmark decision is explored in this book, written by an Aboriginal
rights lawyer who served as one of the legal counsel for the Musqueam
and argued on their behalf all the way to the highest court in the
land. Jim Reynolds provides an in-depth analysis, first considering
the context covering the relationship between the colonial authorities
and Indigenous peoples, the facts that led to the case, and the role
of governments as fiduciaries. He then explains the working of the
case through the courts and the decisions. He concludes by
investigating the major impact that Guerin had on Canadian law,
politics, and society. The Guerin case changed the relationship
between governments and Indigenous peoples from one of wardship to one
based on legal rights. It was a seismic decision with implications
that resonate today, not only in Canada but also in other Commonwealth
countries.
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The Guerin Case and Aboriginal Law
Produktdetaljer
ISBN
9780774864596
Publisert
2020
Utgave
1. utgave
Utgiver
University of British Columbia Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter