A Breach of Duty

A significant contribution to our understanding of the Crown's fiduciary obligations and a very useful resource. -- Professor Kent McNeil Osgoode Hall Law School

The government, Guerin, and the golf course: the inside story of the Musqueam people’s 26-year struggle to right the injustice done to them by the federal government in leasing their land as a golf course.In the 1950s, Indian Affairs concealed the lease terms of more than one-third of the Musqueam’s reserve land to the Shaughnessy Heights Golf Club in Vancouver, BC. Justice for the Musqueam was finally achieved in 1984 with the release of Guerin v. the Queen, where the Supreme Court of Canada confirmed that Canada has a duty to act in the best interests of Aboriginal peoples. This book tells the story of the government's breach of that duty, the impact of the Court's decision on the development of Aboriginal law and the law of fiduciary obligations. Discussion of recent decisions in Haida and Taku River, and a comparison to laws in the United States, Australia, and New Zealand is also included.