TRN305Y1 Lecture Notes - Lecture 8: Sui Generis, Fiduciary, Fundamental Justice

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12 Aug 2022
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Elements of an offence and the rights of the accused. 1) conclude discussion of r v sparrow. 3) crime control vs due process models of criminal law. This court found that the crown owed a fidiciary obligation to the indians w/ respect to the lands. The sui generis nature of indian title, and the historic powers and responsibility assumed by the crown constituted the source of such a fiduciary obligation. In our opinion, guerin, together w/ r v taylor and williams (1981), 34 or (2d) 360, ground a general guiding principle for s 35(1). That is, the government has the responsibility to act in a fiduciary capacity w/ respect to aboriginal peoples. The relationship btw the government and aboriginals is trust-like, rather than adversarial, and contemporary recognition and affirmation of aboriginal rights must be defined in light of this historic relationship. 2) if this right has been established, does the impugned limitation constitute a prima.

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