Solemn commitments, fiduciary obligations, treaty relationships and the foundational principles of crown-native relations in Canada

grantor: University of TorontoThis dissertation constructs an alternative framework for the resolution of aboriginal and treaty rights issues in Canadian aboriginal rights jurisprudence. It argues that judicial analyses of aboriginal and treaty rights are premised upon incorrect assumptions about the nature of Crown-Native relations. These incorrect assumptions have resulted in the improper compartmentalisation of aboriginal and treaty rights and, in turn, led to their marginalisation. The primary goal of the dissertation is to foster a more reasoned and integrated method of analysis by regarding aboriginal and treaty rights in a suitable, culturally-appropriate context. This entails accounting for the unique, or 'sui generis', nature of those rights and integrating individual rights with each other and the larger context of Crown-aboriginal relations. Many of the principles that underlie the basis of contemporary aboriginal rights jurisprudence will also be examined. It will been maintained that the parties' interaction during the formative years of their relationship was guided by the foundational principles of peace, friendship, and respect. These principles were enshrined in the first formal treaty between the groups. Although Crown-Native relations have changed in many ways since that time, this work contends that these principles should continue to inform contemporary Crown-Native relations and the legal implications that stem therefrom. These foundational principles serve as the basis for the unified, contextual, and culturally-appropriate understanding of aboriginal and treaty rights suggested. The dissertation is divided into four parts. Part I examines the formative years of Crown-aboriginal relations in North America, from the time of initial contact between Britain and the aboriginal peoples until the period shortly after the conquest of New France. Part II concentrates on the Crown-Native fiduciary relationship that was created during these formative years and the implications of those relations for the parties involved. The third Part of the dissertation is concerned with Crown-Native treaty relations. The concluding Part discusses the nexus between Crown-Native fiduciary and treaty relations to illustrate the inter relatedness of aboriginal and treaty rights issues underlying the theory proposed.S.J.D