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University of British Columbia Press

book: From Wardship to Rights
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From Wardship to Rights

The Guerin Case and Aboriginal Law
Language: English
Published/Copyright: 2020

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.

Reviews

From Wardship to Rights is a captivating account of one of the most significant moments in Canadian legal history. Beyond its value in preserving the first-hand memories of the participants, Jim Reynolds's book offers an understandable yet uncompromised contribution to the scholarship of Canadian Aboriginal law.

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  • The Context
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  • The Case
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  • The Consequences
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Publishing information
Pages and Images/Illustrations in book
eBook published on:
August 3, 2023
eBook ISBN:
9780774864589
Pages and Images/Illustrations in book
Main content:
308
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