From Wardship to Rights: The Guerin Case and Aboriginal Law

6387969

From Wardship to Rights: The Guerin Case and Aboriginal Law

Author(s): James I. Reynolds
Publisher: UBC Press
Binding: Paperback
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From Wardship to Rights reconstructs the events and legal thinking behind Guerin v. The Queen, the case that reshaped relations between the federal government and Indigenous peoples. It follows how a 1958 lease of Musqueam land prompted decades of investigation and litigation.

After the band discovered the lease's terms in 1970, the dispute moved through the courts to the 1984 Supreme Court decision that recognized a Crown fiduciary obligation toward Indigenous communities. The ruling fundamentally altered Canadian Indigenous law and public policy.

Written by an Aboriginal rights lawyer who served as legal counsel for the Musqueam, the book blends courtroom narrative, historical context, and legal analysis to explain the case's reasoning and long-term impacts.

Key topics

  • Musqueam reserve and the 1958 lease
  • Guerin v. The Queen litigation timeline
  • Crown fiduciary duty and legal consequences
  • Implications for Indigenous law and policy

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