In Whom We Trust: A forum on fiduciary relationships
Irwin Law Inc
Law Commission of Canada
1 Jan 2002
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, characterised 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.