First Nations and the Constitution: A Question of Trust
This article argues that the fiduciary relationship between Aboriginal peoples and the Crown is a special instance of a general doctrine of collective trust that animates the Canadian Constitution as a whole. This doctrine sheds light on the federal structure of Canada the unique status of Quebec, a...
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| Format: | Text |
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Osgoode Digital Commons
1992
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| Online Access: | https://digitalcommons.osgoode.yorku.ca/scholarly_works/663 https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=1664&context=scholarly_works |
| Summary: | This article argues that the fiduciary relationship between Aboriginal peoples and the Crown is a special instance of a general doctrine of collective trust that animates the Canadian Constitution as a whole. This doctrine sheds light on the federal structure of Canada the unique status of Quebec, and the position of First Nations as a self-governing polities within Confederation. The article explores the origins and character of the constitutional trust, and considers its application to issues surrounding the inherent Aboriginal right ofself-government and Aboriginal land rights. |
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