R v Guerin

Guerin v The Queen
Supreme Court of Canada
Hearing: June 13, 14, 1983 Judgment: November 1, 1984
Full case name	Delbert Guerin, Joseph Becker, Eddie Campbell, Mary Charles, Gertrude Guerin and Gail Sparrow v Her Majesty The Queen
Citations	[1984] 2 S.C.R. 335
Ruling	Guerin appeal allowed.
Court Membership
Chief Justice: Bora Laskin Puisne Justices: Roland Ritchie, Brian Dickson, Jean Beetz, Willard Estey, William McIntyre, Julien Chouinard, Antonio Lamer, Bertha Wilson
Reasons given
Majority	Dickson J., joined by Beetz, Chouinard and Lamer JJ.
Concurrence	Wilson J., joined by Ritchie and McIntyre JJ.
Concurrence	Estey J.
Laskin C.J. took no part in the consideration or decision of the case.

Guerin v The Queen [1984] 2 S.C.R. 335 was a landmark Supreme Court of Canada decision on Aboriginal rights where the Court first stated that the government has a fiduciary duty towards the First Nations of Canada and established Aboriginal title to be a sui generis right.

Background

The Musqueam Indian band held roughly 416 acres (1.7 km²) of prime land in the Vancouver area. In 1958, the federal government, on behalf of the band, made a deal with the Shaughnessy Heights Golf Club to lease 162 acres (0.7 km²) of the land in order to build a golf club. However, the actual terms of the agreement between the government and the club were not those that were told to the band.

In 1970, the band discovered the true terms and protested on the basis that the government had a duty to properly explain the full extent of the deal.

At trial, the court held that the Crown had breached their trust with the band and awarded the Musqueam ten million dollars. This ruling was overturned by the Federal Court of Appeal. The matter was then considered by the Supreme Court of Canada.

Decision

Dickson J., with Beetz, Chouinard, and Lamer concurring, held that the nature of Aboriginal title imposes an enforceable fiduciary duty upon the Crown. Dickson described the nature of Aboriginal title as a sui generis right that has no equivalent. It is an inherent right that existed because of the Royal Proclamation of 1763 and is based upon the requirement to surrender land to the Crown as well as the historic relationship between the Crown and Aboriginals. The special right means that title to Aboriginal land can be alienable only to the Crown, which may use it only in the interests of the Aboriginals.

Aftermath

The principle of "fiduciary duty" later became integral in the interpretation of Section 35 of the Constitution Act, 1982 which provides for protection of Aboriginal rights.

External links

Canadian Indigenous law
Politics, law and legislation	Indigenous and Northern Affairs Canada The Canadian Crown and Indigenous peoples Canadian Indian residential school system High Arctic relocation Fred Quilt inquiry Ipperwash Crisis
Indigenous law	Royal Proclamation of 1763 Constitution Act, 1867 Section 35 of the Constitution Act, 1982 Douglas Treaties Robinson Treaty 1969 White Paper Kelowna Accord Numbered Treaties Indian Act Royal Commission on Aboriginal Peoples First Nations treaties in British Columbia Indian Health Transfer Policy Duty to consult and accommodate Gladue report
Case law	Attorney General of Canada v. Lavell R. v. Badger Calder v. British Columbia Chippewas of Sarnia Band v. Canada Corbiere v. Canada Daniels v. Canada Delgamuukw v. British Columbia Native Women's Association of Canada v. Canada Kruger and al. v. The Queen R. v. Marshall; R. v. Bernard R. v. Marshall Mitchell v. M.N.R. Paul v. British Columbia Paulette Caveat Powley ruling R. v. Drybones R. v. Gladstone R. v. Gladue R. v. Gonzales R. v. Guerin R. v. Jim R. v. Pamajewon R. v. Sparrow Re Eskimos St. Catharines Milling and Lumber Co. v. R. R. v. Van der Peet Tsilhqot'in Nation v. British Columbia Daniels v. Canada
International rights & laws	Definitions and identity of indigenous peoples Declaration of Indigenous Peoples Rights United Nations Permanent Forum on Indigenous Issues Indigenous intellectual property
See also Index of articles related to Indigenous Canadians

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