The Honour and Dishonour of the Crown

Unique within Canadian legal writing, this book unpacks the complex conceptual differences between the fiduciary duty of the Crown and the honour of the Crown. Unnoticed by many working in Aboriginal law, the Supreme Court has shifted between these concepts, and Dickson shows why it matters. -- Dwight Newman, Canada Research Chair in Indigenous Rights in Constitutional and International Law, University of Saskatchewan, author of the Duty to Consult Aboriginal Peoples Jamie Dickson makes a compelling case for the need to develop a principled legal framework regarding section 35 and the principle of honour of the Crown. This book makes a substantive contribution to our understanding of where section 35 is at in its development and where it needs to go to achieve its fundamental objective of reconciliation. -- Thomas Isaac, Partner at Osler, Hoskin and Harcourt LLP, author of Aboriginal Law: Commentary and Analysis

Unique within Canadian legal writing, this book unpacks the complex conceptual differences between the fiduciary duty of the Crown and the honour of the Crown.In Canada, the fundamentals of law relating to Aboriginal peoples are unclear and Indigenous communities lack appropriate guidance in terms of efficiently accessing the legal system to address breaches of their rights. This is yet another injustice endured by Aboriginal peoples in Canada. However, the Supreme Court of Canada has begun to place greater emphasis on the honour-of-the-Crown principle and less on the paternalistic, complex notion that governments owe a fiduciary duty to Aboriginal peoples. Dickson explores both theoretical and practical implications of this fundamental shift and possible future outcomes.