Preview
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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