From Wardship to Rights

From Wardship to Rights

EnglishPaperback / softback
Reynolds Jim
University of British Columbia Press
EAN: 9780774864572
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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.

EAN 9780774864572
ISBN 0774864575
Binding Paperback / softback
Publisher University of British Columbia Press
Publication date June 26, 2020
Pages 308
Language English
Dimensions 216 x 140
Country Canada
Readership Professional & Scholarly
Authors Reynolds Jim
Illustrations 8 b&w photos, 1 map
Series Landmark Cases in Canadian Law
Manufacturer information
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