From wardship to rights : the Guerin case and Aboriginal law / Jim Reynolds.

Format:

Book

Author/Creator:

Reynolds, James I., author.

Series:

Landmark cases in Canadian law

Landmark cases in Canadian law, 2562-5241

Language:

English

Subjects (All):

Coast Salish Indians--Legal status, laws, etc--British Columbia--Vancouver.

Coast Salish Indians.

Coast Salish Indians--Land tenure--British Columbia--Vancouver.

Coast Salish Indians--Canada--Government relations.

Canada. Supreme Court.

Canada.

Land tenure.

Musqueam (First Nation).

Musqueam First Nation.

British Columbia--Vancouver.

British Columbia.

Physical Description:

xiii, 291 pages : illustrations, map ; 23 cm.

Other Title:

Guerin case and Aboriginal law

Place of Publication:

Vancouver, BC ; Toronto : UBC Press, [2020]

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 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."-- Provided by publisher.

"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 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."-- Provided by publisher.

Contents:

The Colonial Context

The Musqueam and Their Land

The Government as Fiduciary

The Trial and Federal Court of Appeal

The Supreme Court of Canada

The Impact of Guerin.

Notes:

Includes bibliographical references and index.

Other Format:

Online version: Reynolds, James I. From wardship to rights.

ISBN:

9780774864565

0774864567

9780774864572

0774864575

OCLC:

1139519849