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Sovereignty's PromiseThe State as Fiduciary$
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Evan Fox-Decent

Print publication date: 2011

Print ISBN-13: 9780199698318

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199698318.001.0001

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Some Objections

Some Objections

Chapter:
(p.75) III Some Objections
Source:
Sovereignty's Promise
Author(s):

Evan Fox-Decent

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199698318.003.0004

In this chapter I consider arguments which contend that the public fiduciary model has no wider application than the Crown-Native relationship. They are unpersuasive. The distinct nature of Aboriginal rights supports a conclusion that some fiduciary duties owed to Aboriginal peoples will have distinctive content. But non-Aboriginals too confront a state with irresistible sovereign powers that trigger an overarching fiduciary obligation.

Keywords:   Aboriginal, first nations, sui generis aboriginal rights, crown-native fiduciary relationship, aboriginal treaty rights, paternalism

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