The Right to Safe Water and Crown-Aboriginal Fiduciary Law: Litigating a Resolution to the Public Health Hazards of On-Reserve Water Problems
In Martha Jackman and Bruce Porter, eds, Reconceiving Human Rights Practice for the New Social Rights Paradigm (Irwin Law, 2013)
26 Pages Posted: 7 May 2013
Date Written: May 6, 2013
This chapter explores how fiduciary law could be used to support a legal argument that Canada is obliged to take action to resolve the on-going problems with unsafe drinking water on First Nations reserves. While drawing primarily on recent domestic jurisprudence, the chapter also considers how international law supports finding Canada has obligations which require implementation.
Keywords: Aboriginal law, water, drinking water, First Nation reserves, Crown obligations, right to water, social rights
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