Renouncing the old rules of the game : Crown conduct in the context of litigation involving Aboriginal peoples / by Peter W. Hutchins and Anjali Choksi. : Z1-1991/1-41-72E-PDF
“In its judgement in R. v. Sparrow the Supreme Court of Canada directed: [T]he Government has the responsibility to act in a fiduciary capacity with respect to aboriginal peoples. The relationship between the Government and aboriginals is trust-like, rather than adversarial, and contemporary recognition and affirmation of aboriginal rights must be defined in light of this historic relationship. In this report we outline the key features of the historical relationship between the Crown and Aboriginal peoples. We explore the manner in which the conduct of the Crown in circumstances surrounding litigation with Aboriginal peoples has or has not met the standard required by this relationship as confirmed in Sparrow. We study the general nature of the litigation process between the Crown and First Nations, as well as specific examples of Crown conduct, and examine how those examples are the product of the current litigation process. Suggestions for reform of the system are then presented"--Intro., p. [6].
Lien permanent pour cette publication :
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| Ministère/Organisme | Canada. Privy Council Office. Canada. Royal Commission on Aboriginal Peoples. |
|---|---|
| Titre | Renouncing the old rules of the game : Crown conduct in the context of litigation involving Aboriginal peoples / by Peter W. Hutchins and Anjali Choksi. |
| Variante du titre | Crown conduct in the context of litigation involving Aboriginal peoples |
| Type de publication | Monographie |
| Langue | [Anglais] |
| Autres langues publiées | [Français] |
| Format | Électronique |
| Document électronique | |
| Note(s) | Issued also in French under title: Renoncer aux anciennes règles du jeu : la conduite de la Couronne dans les litiges mettant en cause des peuples autochtones. Historical publication digitized by the Privy Council Office of Canada. Cover title. "Paper prepared as part of the Research Program of the Royal Commission on Aboriginal Peoples, September 1994." Includes bibliographical references. The fiduciary relationship -- Current options available to First Nations seeking to invoke their rights -- Financial considerations involved in instituting and defending legal proceedings on Aboriginal and treaty rights -- Government conduct in the context of litigation with Aboriginal peoples -- Departmental responsibility under the Indian Act pursuant to court decisions -- Comparative models: the experience of the U.S. Bureau of Indian Affairs -- Summary and recommendations. |
| Information sur la publication | [Ottawa] : Royal Commission on Aboriginal Peoples, [1994] |
| Description | [72] p. (un-numbered pages) |
| Numéro de catalogue |
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| Descripteurs | Commissions of inquiry Aboriginal peoples Federal government Litigation |