Since the time of contact, the relationship between Aboriginal Peoples and the governments of Canada has found its expression across negotiation tables, around healing circles, in funding and service agreements, in the Courts, and most importantly, in the lives of thousands of individuals. This relationship is often perceived as adversarial, disabling, characterized by mistrust, and conducive to disenchantment. Yet, it is frequently labelled as “fiduciary,” a term that should normally spell trust, respect, and prosperity.
In Whom We Trust explores the difficult concept of a fiduciary relationship in theory and practice, in Canada and elsewhere in the world. The papers are written from a variety of perspectives. They bring together state-of-the-art knowledge of the history, understanding, and application of the fiduciary concept and speak to the future possibilities of the concept, its promises and its difficulties.
The papers were originally presented at a conference held in London, Ontario. They have been thoroughly rewritten to take account of the comments and reactions of many interested and very thoughtful audience participants.
On behalf of the Law Commission of Canada and the Association of Iroquois and Allied Indians, Irwin Law is very pleased to bring this important work to a broader audience.
Preface – Nathalie Des Rosiers / President, Law Commission of Canada and Chris McCormick / Grand Chief, Association of Iroquois and Allied Indians
PART 1: PERSPECTIVES ON FIDUCIARY RELATIONSHIPS
CHAPTER 1: Probing the Parameters of Canada’s Crown-Aboriginal Fiduciary Relationship – Mark L. Stevenson and Albert Peeling
CHAPTER 2: Conceptualizing Crown-Aboriginal Fiduciary Relations – Leonard Rotman
CHAPTER 3: With Friends Like These . . . Two Perspectives on Fiduciary Relationships – Andree Lajoie
CHAPTER 4: Commentary
James Sakej Youngblood Henderson
PART 2: THE EXPERIENCE OF FIDUCIARY RELATIONSHIPS
CHAPTER 5: The Fiduciary Relationship Between Maori and the Government in New Zealand – Donna Hall
CHAPTER 6: The Experience of Fiduciary Relationships: Canada’s First Nations and the Crown – Patricia Monture-Angus
CHAPTER 7: Fiduciary Obligation, Traditional Lands, and Native Title in Australia – Richard Bartlett
CHAPTER 8: Commentary
PART 3: THE FUTURE OF FIDUCIARY RELATIONSHIPS
CHAPTER 9: The Future of International Indigenous Trust and Fiduciary Law: A Comparative Analysis – Raymond Cross
CHAPTER 10: Lacking Good Faith: Australia, Fiduciary Duties, and the Lonely Place of Indigenous Rights – Larissa Behrendt
CHAPTER 11: Considering the Future of the Crown-Aboriginal Fiduciary Relationship – Gordon Christie
CHAPTER 12: Commentary
Justice Harry LaForme
Table of Cases