By David Hawkes
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Extra info for Aboriginal Peoples and Government Responsibility. Exploring Federal and Provincial Roles
C. C-8. Dick v. R. ), pp. 59-60. Francis v. The Queen (Supreme Court of Canada, unreported at time of writing, May 26, 1988). The approach is identical to that articulated in Bank of Toronto v. Lambe (1887), 12 App. Cas. 575 where the Privy Council upheld a provincial taxation law which applied to a bank (within exclusive federal authority) because it was "in pith and substance" a taxation measure affecting banks, but not in relation to banks and banking. Thus were banks (listed as an exclusive legislative subject of Parliament) rendered subject to provincial law.
The allocation of federal and provincial government responsibilities must take into account each of the three aspects of this clause: • What are the obligations of each level of government under the political (and legal) fiduciary relationship? Both appear to be subject to the Crown's overall duty, but the federal government's duty is primary. The scope and nature of the fiduciary doctrine is uncertain (and may be confined to dealings with land), but it appears to contain aspects of the agency and trust relationships.
91(24) insulated Indian reserve lands from all provincial laws. ,41 and it is remarkable that in Canada the question remained unresolved for so long, an indication perhaps of the low priority of the subject and the general immaturity of Canadian constitutional theory relating to aboriginal rights. This belief, in one form or another, probably underlay much of the severe division between the on-reserve and offreserve aboriginal populations in federal and provincial dealings with them. In Cardinal v.
Aboriginal Peoples and Government Responsibility. Exploring Federal and Provincial Roles by David Hawkes