Abstract

This thesis explores the fiduciary relationship between the Crown and Aboriginal Peoples, specifically in the context of residential schools. First, I explore the methodology of how to incorporate Mi'kmaq perspectives in the law. I then explore the constitutional and legal framework with respect to education. Third, traditional Mi'kmaq education, from pre-contact times to the present offers a context for determining if culturally appropriate education falls under the protection of s. 35(1) of the Constitution Act, 1982.

Applying the Van der Peet test, I argue that culturally appropriate education falls meets the test developed by the Supreme Court. I then delineate the policies and law that created the residential school, arguing that these policies did not extinguish the right to a culturally appropriate education. I underline the historical development of residential schools, specifically, the Shubenacadie Residential School in Nova Scotia.

I then delineate the historical development of the fiduciary relationship between the Crown and Aboriginal Peoples, from the Royal Proclamation of 1763 to jurisprudence as developed in Guerin and Sparrow . (Abstract shortened by UMI.)