Prairie First Nations and provinces : is there a fiduciary relationship that gives rise to fiduciary obligations?
This thesis examines the relationship between the provincial Crown and Aboriginal peoples in the particular context of the prairie provinces to determine whether or not it can be described as fiduciary and, if so, what obligations arise from it. While very few judicial decisions have dealt with this...
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2001
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ftusaskatchewan:oai:harvest.usask.ca:10388/etd-11202006-143532 2023-05-15T16:15:42+02:00 Prairie First Nations and provinces : is there a fiduciary relationship that gives rise to fiduciary obligations? Rasmussen, Merrilee Denise Greschner, Donna Bell, Catherine March 2001 http://hdl.handle.net/10388/etd-11202006-143532 en_US eng University of Saskatchewan http://hdl.handle.net/10388/etd-11202006-143532 TC-SSU-11202006143532 First Nations Fiduciary Obligations law text Thesis 2001 ftusaskatchewan 2022-01-17T11:51:35Z This thesis examines the relationship between the provincial Crown and Aboriginal peoples in the particular context of the prairie provinces to determine whether or not it can be described as fiduciary and, if so, what obligations arise from it. While very few judicial decisions have dealt with this specific issue, an analysis of the existing jurisprudence suggests that there are two types of fiduciary relationships in which Aboriginal peoples are involved. The first type is a manifestation of the more traditional fiduciary concept. It is similar to classic fiduciary situations, such as doctor/patient, director/corporation, partner/partner, in which a fiduciary having control over the property or person of another must act in that other person's best interests. In the Aboriginal context, the power of the federal Crown over surrendered Indian reserve lands and over Indian moneys is limited by its fiduciary obligations of this traditional type. The second type is unique to the situation of Aboriginal peoples. It arises out of the constitutional protection provided to Aboriginal and treaty rights and gives rise to obligations that limit the jurisdiction of federal and provincial governments over them. This thesis concludes that the provincial Crown in the prairie provinces possesses no fiduciary obligations arising directly out of its relationship with First Nations peoples, in the classic fiduciary sense, because history and the Constitution have established that that relationship is with the federal Crown. Provincial fiduciary obligations are limited to those arising from the constitutional protection of Aboriginal and treaty rights and thus arise only in respect of constitutionally valid provincial laws that infringe on such rights. In Saskatchewan, the only infringing provincial laws that are possible are those made under the authority provided by paragraph 12 of the Natural Resources Transfer Agreement, 1930, which authorizes Saskatchewan to make limited laws relating to hunting, fishing and trapping applicable to Indians. Thesis First Nations University of Saskatchewan: eCommons@USASK Indian |
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University of Saskatchewan: eCommons@USASK |
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ftusaskatchewan |
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English |
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First Nations Fiduciary Obligations law |
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First Nations Fiduciary Obligations law Rasmussen, Merrilee Denise Prairie First Nations and provinces : is there a fiduciary relationship that gives rise to fiduciary obligations? |
topic_facet |
First Nations Fiduciary Obligations law |
description |
This thesis examines the relationship between the provincial Crown and Aboriginal peoples in the particular context of the prairie provinces to determine whether or not it can be described as fiduciary and, if so, what obligations arise from it. While very few judicial decisions have dealt with this specific issue, an analysis of the existing jurisprudence suggests that there are two types of fiduciary relationships in which Aboriginal peoples are involved. The first type is a manifestation of the more traditional fiduciary concept. It is similar to classic fiduciary situations, such as doctor/patient, director/corporation, partner/partner, in which a fiduciary having control over the property or person of another must act in that other person's best interests. In the Aboriginal context, the power of the federal Crown over surrendered Indian reserve lands and over Indian moneys is limited by its fiduciary obligations of this traditional type. The second type is unique to the situation of Aboriginal peoples. It arises out of the constitutional protection provided to Aboriginal and treaty rights and gives rise to obligations that limit the jurisdiction of federal and provincial governments over them. This thesis concludes that the provincial Crown in the prairie provinces possesses no fiduciary obligations arising directly out of its relationship with First Nations peoples, in the classic fiduciary sense, because history and the Constitution have established that that relationship is with the federal Crown. Provincial fiduciary obligations are limited to those arising from the constitutional protection of Aboriginal and treaty rights and thus arise only in respect of constitutionally valid provincial laws that infringe on such rights. In Saskatchewan, the only infringing provincial laws that are possible are those made under the authority provided by paragraph 12 of the Natural Resources Transfer Agreement, 1930, which authorizes Saskatchewan to make limited laws relating to hunting, fishing and trapping applicable to Indians. |
author2 |
Greschner, Donna Bell, Catherine |
format |
Thesis |
author |
Rasmussen, Merrilee Denise |
author_facet |
Rasmussen, Merrilee Denise |
author_sort |
Rasmussen, Merrilee Denise |
title |
Prairie First Nations and provinces : is there a fiduciary relationship that gives rise to fiduciary obligations? |
title_short |
Prairie First Nations and provinces : is there a fiduciary relationship that gives rise to fiduciary obligations? |
title_full |
Prairie First Nations and provinces : is there a fiduciary relationship that gives rise to fiduciary obligations? |
title_fullStr |
Prairie First Nations and provinces : is there a fiduciary relationship that gives rise to fiduciary obligations? |
title_full_unstemmed |
Prairie First Nations and provinces : is there a fiduciary relationship that gives rise to fiduciary obligations? |
title_sort |
prairie first nations and provinces : is there a fiduciary relationship that gives rise to fiduciary obligations? |
publisher |
University of Saskatchewan |
publishDate |
2001 |
url |
http://hdl.handle.net/10388/etd-11202006-143532 |
geographic |
Indian |
geographic_facet |
Indian |
genre |
First Nations |
genre_facet |
First Nations |
op_relation |
http://hdl.handle.net/10388/etd-11202006-143532 TC-SSU-11202006143532 |
_version_ |
1766001460255916032 |