POLB30H3 Lecture Notes - Lecture 5: Jeremy Waldron, Peter Hogg, Fiduciary
Document Summary
Peter hogg tells us that there was a canadian common law tradition of aboriginal rights before there was a charter. He also says that in 1867, the canadian constitution act gave the parliament of canada total sovereignty and authority over indian lands and. There were aboriginal rights before the charter but they were not constitutional rights. What we learn from peter hogg is that they had two sources: Principle #1- aboriginal title is a legal right derived from the indians historic occupation and possession of their tribal lands . Principle #2- fiduciary responsibility (refers to a relationship in which one person has a responsibility to care for the assets or interests or rights of another person) A fiduciary duty is a legal duty to act solely in another party"s interest. The idea of fiduciary responsibility initially came from private law (typically you invoke a fiduciary responsibility when you have a will, contract etc. )
