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  2. From Wardship To Rights : The Guerin Case and Aboriginal Law

From Wardship to Rights : The Guerin Case and Aboriginal Law

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    • http://ubcpress.ca/image/books/native/9780774864589
    Author: Reynolds, Jim
    Summary:

    This book tells the story of a First Nation’s single-minded quest for justice. In 1958, the federal government leased part of the small Musqueam Reserve in Vancouver to an exclusive golf club at below market value. When the band members discovered this in 1970, they initiated legal action. Their tenacity led to the 1984 decision in Guerin v. The Queen,whereby the Supreme Court of Canada held that the government has a fiduciary duty towards Indigenous peoples. Jim Reynolds, who served as one of the legal counsel for the Musqueam, provides an in-depth analysis of this landmark case and its impact on Canadian law, politics, and society. By recognizing that the Musqueam had enforceable legal rights, the Guerincase changed the relationship between governments and Indigenous peoples from one of wardship to one based on legal rights. It was a seismic decision.

    Original Publisher: [S.l.] , UBC Press
    Language(s): English

Details

Abstract

This book tells the story of a First Nation’s single-minded quest for justice. In 1958, the federal government leased part of the small Musqueam Reserve in Vancouver to an exclusive golf club at below market value. When the band members discovered this in 1970, they initiated legal action. Their tenacity led to the 1984 decision in Guerin v. The Queen,whereby the Supreme Court of Canada held that the government has a fiduciary duty towards Indigenous peoples. Jim Reynolds, who served as one of the legal counsel for the Musqueam, provides an in-depth analysis of this landmark case and its impact on Canadian law, politics, and society. By recognizing that the Musqueam had enforceable legal rights, the Guerincase changed the relationship between governments and Indigenous peoples from one of wardship to one based on legal rights. It was a seismic decision.

Publisher (Source)

[S.l.]

UBC Press

Not specified

Record

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