This thesis contains an analysis of the function and application of the doctrine of fiduciary obligation, illustrated by an examination of obligations Canada owes to Indians regarding reserve land transactions. / Chapters I and II describe the origin and development of the doctrine and the way in which fiduciary obligations are formulated. Chapters III and IV describe the Crown/Indian relationship and suggest how officials might estimate Crown obligations. The thesis concludes that the doctrine is legislative and that its function is to extend juridical protection to otherwise inadequately regulated relationships of social or economic importance. Rules developed to govern the trustee/beneficiary relationship are adapted and applied to useful relationships to prevent victimization through the use of inherent opportunities for exploitation. Acceptance by Indians of representative decision-making is critical to stable reconciliation of Indian and non-Indian interests. Pursuit of this objective informs the Crown/Indian relationship and shapes the content of Crown obligations.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.20300 |
| Date | January 1996 |
| Creators | Donegan, Gerald. |
| Contributors | Toope, Stephen J. (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001652137, proquestno: MQ50928, Theses scanned by UMI/ProQuest. |
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