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This book tells the story of a First Nation’s single-minded quest for justice. In 1958, the federal government leased part of the small Musqueam Reserve in Vancouver to an exclusive golf club at below market value. When the band members discovered this in 1970, they initiated legal action. Their tenacity led to the 1984 decision in Guerin v. The Queen, whereby the Supreme Court of Canada held that the government has a fiduciary duty towards Indigenous peoples. Jim Reynolds, who served as one of the legal counsel for the Musqueam, provides an in-depth analysis of this landmark case and its impact on Canadian law, politics, and society. By recognizing that the Musqueam had enforceable legal rights, the Guerin case changed the relationship between governments and Indigenous peoples from one of wardship to one based on legal rights. It was a seismic decision.
"This book tells the story of a First Nation's single-minded quest for justice. In 1958, the federal government leased part of the small Musqueam Reserve in Vancouver to an exclusive golf club at below market value. When the band members discovered this in 1970, they initiated legal action. Their tenacity led to the 1984 decision in Guerin v. The Queen, whereby the Supreme Court of Canada held that the government has a fiduciary duty towards Indigenous peoples. Jim Reynolds, who served as one of the legal counsel for the Musqueam, provides an in-depth analysis of this landmark case and its impact on Canadian law, politics, and society. By recognizing that the Musqueam had enforceable legal rights, the Guerin case changed the relationship between governments and Indigenous peoples from one of wardship to one based on legal rights. It was a seismic decision."--
A comprehensive review of the legal aspects of wardship in international law, including the rights and duties of ward, guardians, and other interested parties. This book is essential for practitioners of international law and anyone seeking to understand the complexities of international guardianship. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
This title explores how wardship literature in romance may be used in studies of wardship, and how it may complement an understanding of legal history. Wardship discourse is examined in a variety of sources - legal treatises, cases, and romance.
This thorough examination of the feudal powers of English kings in the thirteenth and early fourteenth centuries is the only study to analyze the actual pattern of royal grants and the grantees' use of their rights, and to place them in the social context of marriage, kinship, and landholding within the English elite. The royal rights, known as feudal incidents, included custody of a tenant's lands when he died leaving minor heirs, the arrangement of the heir's marriage, and consent to the widow's remarriage. Scott Waugh shows how the king exercised those rights and how his use of feudal incidents affected his relations with the tenants-in-chief. He concludes that royal lordship was of fundamental importance in reinforcing the power and prestige of the monarchy and in offering the king a valuable source of patronage. English kings, therefore, devoted considerable effort to defining and institutionalizing their feudal authority in the thirteenth century. It is also clear that families living under royal lordship were profoundly concerned about these rights, especially since marriage was of such critical importance in providing for the smooth transfer of lands from one generation to another. Given the hazards of life in the Middle Ages, inheritance by minors was a frequent occurrence, and the king's distribution of feudal incidents was therefore a delicate political problem. It raised issues not only about royal finances and favoritism but also about the fate of families. Originally published in 1988. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
The primary purpose of this book is to demonstrate the scope that already exists for using international human rights law in English courts, regardless of its status as 'incorporated' or 'unincorporated'. Murray Hunt addresses directly what are commonly supposed to be the theoretical obstacles to using human rights law in English courts and aims to raise awareness of the extent to which these have now fallen away in light of recent developments in English judicial practice. The book was first published in hardback in March 1997.