51. We call upon the Government of Canada, as an obligation of its fiduciary responsibility, to develop a policy of transparency by publishing legal opinions it develops and upon which it acts or intends to act, in regard to the scope and extent of Aboriginal and Treaty rights.
Government transparency in regard to Aboriginal and Treaty rights!
In many court cases, the courts have outlined that the Crown (the Government) has a fiduciary duty towards Indigenous peoples. This means that the Government must not only act in good faith with Indigenous peoples, but must also act as “trustee” of sorts for Indigenous peoples, and must always equally consider the best interests of Indigenous peoples along with Crown interests. When it comes to how the Government acts in regards to Treaty rights, all this recommendation is really saying is that the Government should be upfront and open about how it will respect the rights of Indigenous peoples.
Further Reading:
Moving Backwards: Does the Lack of Duty to Consult Create the Right to Infringe Aboriginal and Treaty Rights?, Shin Imai, York University.
Alberta oilsands facing aboriginal legal onslaught in 2014, CBC News.
Compiled by Jonathan Wearing