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Law Legal History

From Wardship to Rights

The Guerin Case and Aboriginal Law

by (author) Jim Reynolds

Publisher
UBC Press
Initial publish date
May 2020
Category
Legal History, Indigenous Peoples, Courts
  • eBook

    ISBN
    9780774864596
    Publish Date
    May 2020
    List Price
    $99.00
  • Hardback

    ISBN
    9780774864565
    Publish Date
    May 2020
    List Price
    $75.00
  • Paperback / softback

    ISBN
    9780774864572
    Publish Date
    May 2020
    List Price
    $27.95

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Description

This book tells the story of a First Nation’s single-minded quest for justice. In 1958, the federal government leased part of the small Musqueam Reserve in Vancouver to an exclusive golf club at below market value. When the band members discovered this in 1970, they initiated legal action. Their tenacity led to the 1984 decision in Guerin v. The Queen, whereby the Supreme Court of Canada held that the government has a fiduciary duty towards Indigenous peoples. Jim Reynolds, who served as one of the legal counsel for the Musqueam, provides an in-depth analysis of this landmark case and its impact on Canadian law, politics, and society. By recognizing that the Musqueam had enforceable legal rights, 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.

About the author

Contributor Notes

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.

Editorial 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.

Saskatchewan Law Review

Other titles by Jim Reynolds