FIRST NATIONS AND THE CONSTITUTION: A QUESTION OF TRUST

Authors

  • BRIAN SLATTERY

Abstract

This article argues that the fiduciary relationship between Aboriginal peoples and the Crown is a special instance of a general doctrine of collective trust that animates the Canadian Constitution as a whole. This doctrine sheds light on the federal structure of Canada the unique status of Quebec, and the position of First Nations as a self-governing polities within Confederation. The article explores the origins and character of the constitutional trust, and considers its application to issues surrounding the inherent Aboriginal right of self-government and Aboriginal land rights.

Keywords:

Constitutional Law

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Published

1992-06-01

Issue

Section

Legal Commentary