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In Whom We Trust

In Whom We Trust

A forum on fiduciary relationships

Compiled by Law Commission of Canada and Association of Iroquois and Allied Indians


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, characterised 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.


Part 1: Perspectives on Fiduciary Relationships

Probing the parameters of Canada’s Crown-Aboriginal fiduciary relationship
Mark L Stevenson and Albert Peeling
Conceptualizing Crown-Aboriginal fiduciary relations
Leonard Rotman
With friends like these…Two perspectives on fiduciary relationships
Andree Lajoie
James Sakej Youngblood Henderson and Gurston Dacks

Part 2: The Experience of Fiduciary Relationships

The fiduciary relationship between Maori and the Government in New Zealand
Donna Hall
The experience of fiduciary relationships: Canada’s First Nations and the Crown
Patricia Monture-Angus
Fiduciary obligation, traditional lands, and native title in Australia
Richard Bartlett
Charles Pryce and Yan Lazor

Part 3: The Future of Fiduciary Relationships

The future of international Indigenous trust and fiduciary law: a comparative analysis
Raymond Cross
Lacking good faith: Australia, fiduciary duties, and the lonely place of Indigenous rights
Larissa Behrendt
Considering the future of the Crown-Aboriginal fiduciary relationship
Gordon Christie
Roberta Jamieson and Justice Harry LaForme

Conclusion/ Author Biographies/ Select Bibliography/ Table of Cases/ Index

Published January 2002
Publisher Irwin Law (Canada)
ISBN 9781552210666
Australian RRP $99.00
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Law - Equity & Trusts
Law - Canadian Law
Indigenous Studies
Law - Indigenous

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