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Distributed for Purich Publishing

A Breach of Duty

Fiduciary Obligations and Aboriginal Peoples

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.

Table of Contents

Foreword / Chief Ernest Campbell, Musqueam Indian Band
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

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