New grant project explores Canadian fiduciary relationships
October 23, 2015
Erika Chamberlain
Professor Erika Chamberlain has been awarded a Western Strategic Support for Social Sciences and Humanities Research Council (SSHRC) Success Bridge grant for her project “Canada’s Unique Conception of Fiduciary Relationships”. Fiduciary relationships are those that require one party to act with utmost loyalty and good faith toward another.
Chamberlain’s project will analyze Canada’s unique approach to recognizing fiduciary relationships, and assess whether it can be explained on the basis of social, policy or other considerations that distinguish Canada from other Commonwealth jurisdictions.
“In most Commonwealth jurisdictions, fiduciary relationships are limited to the protection of economic or property interests,” says Chamberlain.
“However, the Canadian courts have taken a more expansive approach, and have recognized fiduciary relationships that protect psychological and sexual integrity, privacy, and
minority rights.”
The Canadian courts have also imposed fiduciary obligations on the Crown, both in the special situation of aboriginal peoples and with respect to other “vulnerable” groups (e.g. disabled veterans and minority language groups).
Chamberlain’s proposed research will explore whether the Charter of Rights and Freedoms or other constitutional principles have influenced the Canadian courts’ decisions to recognize unconventional fiduciary relationships in order to promote certain social goals.
“The long-term objective of my research is to develop an overarching theory that explains the recognition of new fiduciary relationships in Canada in terms of the underlying values that such relationships are meant to uphold,” Chamberlain says.
This article appeared in the Western Law 2015 Alumni Magazine.
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