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ABORIGINAL LANDS - Duties of the Crown - Sui generis fiduciary duty

Friday, February 02, 2018 @ 1:24 PM  

Appeal by the Williams Lake Indian Band (Band) from a judgment of the Federal Court of Appeal allowing Canada’s application for judicial review of a decision of the Specific Claims Tribunal (Tribunal). From 1860 on, settlers displaced the Band from the site of its village and surrounding lands at the foot of Williams Lake. This appeal concerned the failure of the Sovereign of Great Britain and its colonies (Imperial Crown) to prevent the Band’s Village Lands from being taken up by settlers. It also concerned the...