University of British Columbia Press
From Wardship to Rights
About this book
This book tells the story of a First Nation’s single-minded quest for justice. In 1958, the federal government leased a third of the small Musqueam Reserve in Vancouver to an exclusive golf club at far below market value. When the band members discovered this in 1970, they initiated legal action. Their tenacity led to the 1984 decision of the Supreme Court of Canada in Guerin v. The Queen.
In Guerin, the Court held that the government has a fiduciary duty towards Indigenous peoples – an obligation to act in their best interests. This landmark decision is explored in this book, written by an Aboriginal rights lawyer who served as one of the legal counsel for the Musqueam and argued on their behalf all the way to the highest court. Jim Reynolds provides an in-depth analysis, considering the context, the case and decision, and the major impact that Guerin had on Canadian law, politics, and society.
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 with implications that resonate today, not only in Canada but also in other Commonwealth countries.
Author / Editor information
Jim Reynolds is the former general counsel for the Musqueam Indian Band in Vancouver. He played a key role in the Guerin decision. He has practised, taught, and written about Aboriginal law for four decades. His most recent book is Aboriginal Peoples and the Law: A Critical Introduction, published by UBC Press/Purich.
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Topics
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Front Matter
i -
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Contents
vii -
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Illustrations
viii -
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Preface
ix -
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Acknowledgments
xii -
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Introduction
3 - The Context
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The Colonial Context
13 -
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The Musqueam and Their Land
51 -
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The Government as Fiduciary
87 - The Case
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The Trial and Federal Court of Appeal
113 -
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The Supreme Court of Canada
155 - The Consequences
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The Impact of Guerin
183 -
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Conclusion
195 -
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Notes
211 -
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Selected Bibliography
261 -
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Index of Cases
265 -
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Index
270