Chapter

Some Objections

Evan Fox-Decent

in Sovereignty's Promise

Published in print December 2011 | ISBN: 9780199698318
Published online January 2012 | e-ISBN: 9780191732171 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199698318.003.0004

Series: Oxford Constitutional Theory

Some Objections

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In this chapter I consider arguments which contend that the public fiduciary model has no wider application than the Crown-Native relationship. They are unpersuasive. The distinct nature of Aboriginal rights supports a conclusion that some fiduciary duties owed to Aboriginal peoples will have distinctive content. But non-Aboriginals too confront a state with irresistible sovereign powers that trigger an overarching fiduciary obligation.

Keywords: Aboriginal; first nations; sui generis aboriginal rights; crown-native fiduciary relationship; aboriginal treaty rights; paternalism

Chapter.  5249 words. 

Subjects: Constitutional and Administrative Law

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