From Wardship to Rights
The Guerin Case and Aboriginal Law
Seiten
2020
University of British Columbia Press (Verlag)
978-0-7748-6457-2 (ISBN)
University of British Columbia Press (Verlag)
978-0-7748-6457-2 (ISBN)
This thoughtful and engaging examination of the Guerin case shows how it changed the relationship between governments and Indigenous peoples from one of wardship to one based on legal rights.
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 far below market value. When the band members discovered this in 1970, they initiated legal action. 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. Jim Reynolds provides an in-depth analysis, considering the context, the case and decision, and 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.
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 far below market value. When the band members discovered this in 1970, they initiated legal action. 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. Jim Reynolds provides an in-depth analysis, considering the context, the case and decision, and 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.
Jim Reynolds is the former general counsel for the Musqueam Indian Band in Vancouver. He played a key role in the Guerin decision. He has practised, taught, and written about Aboriginal law for four decades. His most recent book is Aboriginal Peoples and the Law: A Critical Introduction, published by UBC Press/Purich.
Preface
Introduction
Part 1: The Context
1 The Colonial Context
2 The Musqueam and Their Land
3 The Government as Fiduciary
Part 2: The Case
4 The Trial and Federal Court of Appeal
5 The Supreme Court of Canada
Part 3: The Consequences
6 The Impact of Guerin
Conclusion
Notes; Selected Bibliography; Index of Cases; Index
| Erscheinungsdatum | 10.07.2020 |
|---|---|
| Reihe/Serie | Landmark Cases in Canadian Law |
| Zusatzinfo | 8 b&w photos, 1 map |
| Verlagsort | Vancouver |
| Sprache | englisch |
| Maße | 140 x 216 mm |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Öffentliches Recht ► Verfassungsrecht | |
| Sozialwissenschaften ► Ethnologie | |
| Sozialwissenschaften ► Politik / Verwaltung | |
| Sozialwissenschaften ► Soziologie | |
| ISBN-10 | 0-7748-6457-5 / 0774864575 |
| ISBN-13 | 978-0-7748-6457-2 / 9780774864572 |
| Zustand | Neuware |
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Buch | Hardcover (2024)
C.H.Beck (Verlag)
CHF 104,95
