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

See all articles by Constance MacIntosh

Constance MacIntosh

Dalhousie University - Schulich School of Law

Date Written: May 6, 2013

Abstract

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

Suggested Citation

MacIntosh, Constance, The Right to Safe Water and Crown-Aboriginal Fiduciary Law: Litigating a Resolution to the Public Health Hazards of On-Reserve Water Problems (May 6, 2013). In Martha Jackman and Bruce Porter, eds, Reconceiving Human Rights Practice for the New Social Rights Paradigm (Irwin Law, 2013), Available at SSRN: https://ssrn.com/abstract=2261500 or http://dx.doi.org/10.2139/ssrn.2261500

Constance MacIntosh (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
137
Abstract Views
686
rank
289,970
PlumX Metrics