Does an Indian chief owe a fiduciary duty to the whole of his band?
British Columbia, Canada
The following excerpt is from Silver v. Ned, 2002 BCSC 944 (CanLII):
The law is quite clear that members of an Indian band council and an Indian chief owe a fiduciary duty to the band as a whole. The extent of that fiduciary interest was described by Skipp J. in Gilbert v. Abbey, 1992 CanLII 921 (BC SC), [1992] 4 C.N.L.R. 21 (B.C.S.C.) at page 23: There can be no question that a duly-elected chief as well as the members of a band council are fiduciaries as far as all other members of the band are concerned. The chief upon being elected, undertakes to act in the interest of the members of the band. The members of the band are vulnerable to abuse by the fiduciary of his or her position, and a fiduciary undertakes not to allow his or her interest to conflict with the duty that he or she has undertaken.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the fact that an Indian band has been accepted as a "person" by the province for the purposes of claiming tax exempt tobacco products and applying for and receiving refunds of tax paid when tax exempt sales exceed the Tseshaht Market quota? (British Columbia, Canada)
What material decisions have been made in the history of the Lax Kw’alaams Indian Band appeal? (British Columbia, Canada)
When determining responsibility for the publication of an opinion by the editor of a news website, does the trier of fact have to consider the whole publication as a whole? (British Columbia, Canada)
Is there any case law in which an Indian band can argue that the court has jurisdiction to place a display on their land? (British Columbia, Canada)
Can a will of an Indian be declared void in whole or part? (British Columbia, Canada)
What is the fiduciary obligation of an individual to perform certain services in order to be considered fiduciaries? (British Columbia, Canada)
Is there an alternative argument that the application of a law of general application to a particular group of Indians in a particular activity is legislation in their Indian-ness? (British Columbia, Canada)
When determining responsibility for the publication of an opinion by the editor-in-chief of a news website, can the trier of fact consider individual statements as a whole? (British Columbia, Canada)
Can a diocese be found in breach of fiduciary duty when an assistant priest engaged in sexual relations with a parishioner while counselling and advising her on personal matters? (British Columbia, Canada)
Is there a fiduciary obligation in the investment relationship? (British Columbia, Canada)
