First Nations and the Constitution: A Question of Trust

• Main Author: Slattery, Brian
• Format: Text
• Language: unknown
• Published: Osgoode Digital Commons 1992
• Subjects: Aboriginal rights; Canadian constitution; Collective trust; land rights; Indigenous; Indian; and Aboriginal Law; Law; Canada; First Nations
• Online Access: https://digitalcommons.osgoode.yorku.ca/scholarly_works/663; https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=1664&context=scholarly_works

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.