R. v. Guerin

SCCInfoBox
case-name=R. v. Guerin
full-case-name=Delbert Guerin, Joseph Becker, Eddie Campbell, Marg Charles, Gertrude Guerin and Gail Sparrow v. Her Majesty The Queen
heard-date=June 13, 14, 1983
decided-date=November 1, 1984
citations= [1984] 2 S.C.R. 335
history=
ruling=Guerin appeal allowed.
ratio=
SCC=1982-1984
Majority=Dickson J.
JoinMajority=Beetz, Chouinard and Lamer JJ.
Concurrence=Wilson J.
JoinConcurrence=Ritchie and McIntyre JJ.
Concurrence2=Estey J.
NotParticipating=

"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 as well, established aboriginal title to be a "sui generis" right.

Background

The Musqueam Indian band held roughly convert|416|acre|km2|1 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 convert|162|acre|km2|1 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.

Opinion of the Court

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 prior to the Royal Proclamation of 1763 and is founded in historical occupation. This special right means that title to aboriginal land can only be alienable to the Crown and the Crown can only use it 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.

ee also

* "R. v. Sparrow"
*St. Catherines Milling v. The Queen
*Calder v. British Columbia (Attorney General)
*Delgamuukw v. British Columbia

External links

* [http://www.canlii.org/ca/cas/scc/1984/1984scc10009.html full text of decision from canlii.org]
* [http://www.bloorstreet.com/200block/rguerin.htm annotated summary of Guerin]