Overview
This book tells the story of a First Nation's single-minded quest for justice. In 1958, the federal government leased a third of the small Musqueam Reserve in Vancouver to an exclusive golf club at far below market value. When the band members discovered this in 1970, they initiated legal action. Their tenacity led to the 1984 decision of the Supreme Court of Canada in Guerin v. The Queen. In Guerin, the Court held that the government has a fiduciary duty towards Indigenous peoples – an obligation to act in their best interests. This landmark decision is explored in this book, written by an Aboriginal rights lawyer who served as one of the legal counsel for the Musqueam and argued on their behalf all the way to the highest court. Jim Reynolds provides an in-depth analysis, considering the context, the case and decision, and the major impact that Guerin had on Canadian law, politics, and society. The Guerin case changed the relationship between governments and Indigenous peoples from one of wardship to one based on legal rights. It was a seismic decision with implications that resonate today, not only in Canada but also in other Commonwealth countries.
Full Product Details
Author: Jim Reynolds
Publisher: University of British Columbia Press
Imprint: University of British Columbia Press
Weight: 0.400kg
ISBN: 9780774864572
ISBN 10: 0774864575
Pages: 308
Publication Date: 26 June 2020
Audience:
Professional and scholarly
,
Professional & Vocational
Format: Paperback
Publisher's Status: Active
Availability: In Print
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Reviews
From Wardship to Rights is a captivating account of one of the most significant moments in Canadian legal history. Beyond its value in preserving the first-hand memories of the participants, Jim Reynolds's book offers an understandable yet uncompromised contribution to the scholarship of Canadian Aboriginal law. -- Corbin Golding * Saskatchewan Law Review *
From Wardship to Rights is a captivating account of one of the most significant moments in Canadian legal history. Beyond its value in preserving the first-hand memories of the participants, Jim Reynolds's book offers an understandable yet uncompromised contribution to the scholarship of Canadian Aboriginal law. -- Corbin Golding * Saskatchewan Law Review *
Author Information
Jim Reynolds is the former general counsel for the Musqueam Indian Band in Vancouver. He played a key role in the Guerin decision. He has practised, taught, and written about Aboriginal law for four decades. His most recent book is Aboriginal Peoples and the Law: A Critical Introduction, published by UBC Press/Purich.
