Since the time of contact, the relationship between Aboriginal Peoples and the governments of Canada has found its expression across negotiation tables, around healing circles, in funding and service agreements, in the Courts, and most importantly, in the lives of thousands of individuals. This relationship is often perceived as adversarial, disabling, characterized by mistrust, and conducive to disenchantment. Yet, it is frequently labelled as "fiduciary," a term that should normally spell trust, respect, and prosperity.

In Whom We Trust explores the difficult concept of a fiduciary relationship in theory and practice, in Canada and elsewhere in the World. The papers are written from a variety of perspectives. They bring together state-of-the-art knowledge of the history, understanding, and application of the fiduciary concept and speak to the future possibilities of the concept, its promises and its difficulties.

The papers were originally presented at a Conference held in London, Ontario. They have been thoroughly rewritten to take account of the comments and reactions of many interested and very thoughtful audience participants.

On behalf of the Law Commission of Canada and the Association of Iroquois and Allied Indians, Irwin Law is very pleased to bring this important work to a broader audience.

Table of Contents

Preface
Nathalie Des Rosiers - President, Law Commission of Canada and
Chris McCormick - Grand Chief, Association of Iroquois and Allied Indians

Introduction

PART 1: PERSPECTIVES ON FIDUCIARY RELATIONSHIPS

CHAPTER 1: Probing the Parameters of Canada's Crown-Aboriginal Fiduciary Relationship
Mark L. Stevenson and Albert Peeling

CHAPTER 2: Conceptualizing Crown-Aboriginal Fiduciary Relations
Leonard Rotman

CHAPTER 3: With Friends Like These . . . Two Perspectives on Fiduciary Relationships
Andrée Lajoie

CHAPTER 4: Commentary
James Sákéj Youngblood Henderson
Gurston Dacks

PART 2: THE EXPERIENCE OF FIDUCIARY RELATIONSHIPS

CHAPTER 5: The Fiduciary Relationship Between Maori and the Government in New Zealand
Donna Hall

CHAPTER 6: The Experience of Fiduciary Relationships: Canada's First Nations and the Crown
Patricia Monture-Angus

CHAPTER 7: Fiduciary Obligation, Traditional Lands, and Native Title in Australia
Richard Bartlett

CHAPTER 8: Commentary
Charles Pryce
Yan Lazor

PART 3: THE FUTURE OF FIDUCIARY RELATIONSHIPS

CHAPTER 9: The Future of International Indigenous Trust and Fiduciary Law: A Comparative Analysis
Raymond Cross

CHAPTER 10: Lacking Good Faith: Australia, Fiduciary Duties, and the Lonely Place of Indigenous Rights
Larissa Behrendt

CHAPTER 11: Considering the Future of the Crown-Aboriginal Fiduciary Relationship
Gordon Christie

CHAPTER 12: Commentary
Roberta Jamieson
Justice Harry LaForme

Conclusion
Author Biographies
Select Bibliography
Table of Cases
Index