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Crown Obligations Notes

Law Notes > Aboriginal Law Notes

This is an extract of our Crown Obligations document, which we sell as part of our Aboriginal Law Notes collection written by the top tier of University Of Victoria; University Of Toronto students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Aboriginal Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Crown Obligations Fiduciary Duty Scope, Origins
-sources: IA, honour of Cr, interdependence of nations, historical and assumed power of Cr
-entrenched in s. 35(1), enforceable via CL, also sui generis (Rotman)
-exists bw at least 2 parties, one who possesses equitable obligations
-generally: protection of vulnerable person (Weinrib) by party exercising discretion of power to affect legal interests (Blueberry River Band; Galamos)
-thus arises from specific context of rels, not from specific category of rels or at large (Wewaykum, LAC Minerals)
-Sparrow: duty exists to supervise high degree of discretionary control assumed by Cr over FN; must include interp of historic and current rels
-Haida: where the ct has assumed discretionary control, honour of Cr gives rise to FD, need not be voluntary or consensual
-Metis Federation: honour of Cr underlies fiduciary rels but doesn't derive from it
-Binnie- not all obligations are fiduciary; doesn't provide a general indemnity, is very specific
-Guerin: land transfer re surrender of reserves- but not limited to this context
> (Wewaykum; Sparrow)
-government funding
-Osoyoos: expropriation; inalienability of reserve land
-Gladstone: resource allocation
-exists beyond govt, e.g. band to members (Metis Fed, Chief Mtn)
-rejection of duty:
-Stony Indian band: litigation
-Virginia Fontaine Treatment Centre: defendants cannot simply be FN, need to be in an actual rels Framework 1). Is There a Relationship?
-Weywakum: 2 step test:
- ii) id interest of dispute;
-ii) determine if Cr has assumed control of subject of dispute
- key question does discretionary power exist in a different way than w public?
-open ended, no definitive feature of rels
-interpretive approach is functional: types of rels categorized as F should be open ended; context specific
-types of rels that may have been described as such in the past do not inherently mean they are fid or are exhaustive
-need to look at particulars of rels, not parties themselves (LAC Minerals)
-examine nature and trust in rels, rels of un = power
-context outside of rels is irrelevant
-look at nature and importance of action
-parties need not be persons
-provincial crown:

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